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HomeMy WebLinkAbout10.06.97 Council Packet COUNCIL AGENDA REGULAR MEETING OCTOBER 6 , 19"97 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3 . APPROVE AGENDA 4. CITIZEN COMMENTS (5 minute limit per person for items not on agenda) a. b. Proclamation Proclamation National Breast Cancer Awareness Month Farmington/Minnesota Manufacturer's Week 5. (Items approved in 1 motion unless anyone wishes an item removed for discussion.) CONSENT AGENDA a. Approve Minutes - 9/10 (Special), 9/15 (Regular) b. Resolution - Donation for Clock Restoration/Display Cabinet c. Resolution - Amend Developer Contract - pine Ridge Forest d. Resolution - Amend East Farmington TIF Agreement e. Resolution - Farmington/Lakeville Recreation Grant Application f. Resolution - Endorse Finance Director as City Investment Officer g. Approve School/Conference Requests - Fire Department h. Accept Resignation/Appoint Member - PARAC i. Approve Council Communication policies j. Approve Change Order - 4th Street Outfall Project (Supplemental) k. Flagstaff Maintenance Expenditures 1. Approve Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS 7. PETITIONS, REQUESTS AND COMMUNICATIONS 8. UNFINISHED BUSINESS a. Rezone 201 4th Street - R3 to R2 - Amend Zoning Ordinance & b. Main Street I/I Study Results c. Code of Ethics Ordinance Update d. Ash Street Storm Sewer Analysis 9. NEW BUSINESS a. Ordinance Amendment - Snow Removal b. School District Facility Site Issues (Supplemental) 10. ROUNDTABLE a. Train Whistles Update 11 . ADJOURN 12. EXECUTIVE SESSION a. Labor Negotiations Update Action Taken TO: Mayor, Councilmembers, City Administrator FROM: John. F. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: October 6, 1997 It is requested that the October 6, 1997 agenda be updated as follows: Item Sj - Approve Change Order - 4th Street Outfall Project Based on new information gained from further site investigations, Staff requests Council remove this item from the agenda. The topic will be brought back at a later date. Item 9b - School District Facility Site Issues Memo from City Administrator summarizing options and actions which would be required by each. Respec~itted' ~. Erar ~~~~idministrator I Citlj of FarminfJ.ton 325 Oak Street · FarminfJton} MN 55024 · (612) 463-7111 · Falf (612) 463-2591 It t2. FROM: Mayor, Councilmembers, City Administrator:~ I Karen Finstuen Admin. Services Manager TO: SUBJECT: Proclamation DATE: October 6, 1997 INTRODUCTION/DISCUSSION A request to issue a proclamation recognizing National Breast Cancer Awareness Month and National Mammography Day was forwarded to mayors in the State of Minnesota. In response to this request, Mayor Ristow has placed the attached proclamation on the agenda for Council consideration and approval. ACTION REQUIRED Proclaim October as National Breast Cancer Awareness Month and October 17th as National Mammography Day in the City of Farmington. Respectfullyspbmitted, J/,ru... - an. ~ Karen Finstuen Administrative Services Manager Citlj of FarminfJ.ton 325 Oak Street. Farmin9ton, MN 55024 · (612) 463-7111 · Falf (612) 463-2591 PROCLAMATION National Mammography Day is October 17, 1997 WHEREAS, THIS YEAR, MORE THAN 180,000 WOMEN IN THE UNITED STATES WILL LEARN FOR THE FIRST TIME THAT THEY HAVE BREAST CANCER, AND MORE THAN 40,000 WOMEN WILL LOSE THEIR LIVES, 720 IN THE STATE OF MINNESOTA ALONE; AND WHEREAS, EARLY DETECTION AND PROMPT TREATMENT CAN SIGNIFICANTLY REDUCE THE SUFFERING AND DEATHS CAUSED BY THIS DISEASE; AND WHEREAS, IN RECOGNITION OFTHE FACT THAT MAMMOGRAPHY, AN "X-RAY" OFTHE BREAST, IS THE SINGLE MOST EFFECTIVE METHOD OF TREATING BREAST CHANGES THAT MAY BE CANCER, LONG BEFORE PHYSICAL SYMPTOMS CAN BE SEEN OR FELT. THEREFORE, I, GERALD RISTOW, MAYOR OFTHE CITY OF FARMINGTON, MINNESOTA, DO HEREBY PROCLAIM OCTOBER AS NA TIONAL BREAST CANCER A WARENESS MONTH AND OCTOBER 17, 1997 AS NA TIONAL MAMMOGRAPHY DA Y AND I URGE ALL WOMEN AND THEIR FAMILIES IN FARMINGTON TO GET THE FACTS ABOUT MAMMOGRAPHY. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Farmington to be affixed this 6th day of OCTOBER, 1997. Mayor Gerald Ristow Date 16 FROM: Mayor, Council and ~ City Administrator~ I Mary Hanson, Clerk Typist TO: SUBJECT: Proclamation DATE: October 6, 1997 INTRODUCTION/DISCUSSION The Chamber of Commerce has submitted a request for Council consideration of proclaiming the week of October 13 thru 17, 1997 as Manufacturers' Week in the City. This same week is Minnesota Manufacturers' Week, which is designed to recognize the important role manufacturing plays in the well being of communities. ACTION REQUESTED proclaim October 13 - 17, 1997 as Manufacturers' Week in Farmington. Respectfully submitted, cf -- mh2 Citlj of FarminfJ.ton 325 Oak Street · FarminfJton} MN 55024 · (612) 463-7111 · Fa}f (612) 463-2591 City of Farmington, Minnesota PROCLAMATION WHEREAS: Manufacturing has the second largest total payroll of any business sector in Minnesota, providing $15.1 billion in wages in 1995; and . WHEREAS: Manufacturing produces $25 billion for the state economy and is the largest single share (20 percent) of our gross product; and WHEREAS: Manufactured exports brought $8.9 billion into the Minnesota economy in 1996; WHEREAS: Manufacturing provides high skill, high wage jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and WHEREAS: Manufacturing contributed nearly $210 million in corporate income taxes in Minnesota, more than any other sector and almost 30 percent of total corporate income taxes in 1996. . - - NOW THEREFORE, I, Mr. Jerry Ristow, Mayor of the City of Farmington, Minnesota, do hereby proclaim the week of October 13 - 17, 1997, to be Farmington, Minnesota Manufacturers Week . . In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Farmington, Minnesota to be affixed at the City Office this thirteenth day of October in the year of our Lord one thousand nine hundred and ninety-seven. Mayor, Jerry Ristow .City Administrator, John Erar Council Minutes Special September 10, 1997 50 (I) 1. The meeting was called to order by Mayor Ristow at 4:35 p.m. Present: Mayor Ristow, Councilmembers Cordes, Gamer and Fitch Absent: Councilmember Strachan Also present: Administrator Erar, James Brimeyer and management team members Asher, Bell, Finstuen, Mann, Olson, Roland and Siebenaler 2. James Brimeyer facilitated the workshop designed to develop a mISSIOn for the City. Information gathered at the previous meeting of August 27, 1997 was discussed and placed in the following five categories: Planning . Develop a proactive Comprehensive Plan . Strive for high quality developments/redevelopments . Facilitate/promote a broad range of new developments . Extensive planning to determine the type of expansion needed in the Downtown and what development should occur on Highway 50. . County Road 31 extension, design and location of types of housing/industrial/commercial developments along the proposed corridor . Environmental issues - Surface and groundwater management Services . Plan and coordinate city services . Build and maintain a strong and healthy Council/staff relationship . Continue working on improvement of customer service - Complaints received by council forwarded to staff, staff to research and respond in a timely manner and inform council of results . Expand recreational facilities . Adhere to policies and enforce consistently Financial Responsibilities . Identify needs of both existing and proposed public facilities (Central Maintenance Facility, Satellite Fire Station, City Hall) . Establish financial health . Continue to decrease the tax capacity rate to meet the rising rates of surrounding cities . County Road 31 Identity . Sense of community - Establish a sense of identity and cohesion between the North and South and East and West portions of the City . Identify and describe Downtown area and define development that should occur along highway 50 · Cradle to grave - Provide housing economically feasible for persons from their youth to elderly care facilities . Establish a Mission Statement . Gathering place - a central focal point - defining the "Hub" . A place called home - a place to come home to Governance . Maintain a strong CounciVstaff relationship based on mutual respect and trust . Organize stakeholders - identify broad base and then m stakeholders for individual projects . Broad participation - task forces, work groups, Boards and Commissions, neighborhood groups, old/young, north/south, east/west . Well informed community - Identify and educate community leaders, know key stake holders and mechanisms for information sharing, hold informational meetings, provide up to date information . Governance education - Let people know the process and invite participation 3. The City Council discussed the process for establishing a policy: . Agree to disagree and still trust and respect . Council sets policy, objective of the policy being problem solving rather than personalized . Staff is allowed to implement policy Four draft policies were presented to the City Council and will be presented for formal adoption at the first meeting in October. 4. Motion by Fitch, second by Gamer to adjourn at 8:10 p.m. Motion carried. Respectfully submitted, ~fLu- ~~ Karen Finstuen Administrative Service Manager COUNCIL MINUTES REGULAR SEPTEMBER 15, 1997 5Q (1,) 1. The meeting was called to order by Mayor Ristow at 7:00 P.M.. Members Present: Ristow, Cordes, Fitch, Gamer, Strachan. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. MOTION by Gamer, second by Fitch to approve the agenda with the following changes: a) Add Consent Item 5n - Approve Gambling Premise Permit for Eagles Club. b) Add Item 7a - Requesting Extension to Plat Filing Deadline for pine Ridge Forest. APIF, MOTION CARRIED. 4. Citizen Comments - There were no Citizen Comments. 5. Consent Agenda MOTION by Cordes, second by Strachan to approve the Consent Agenda as follows: a) Approve Minutes - 8/27/97 (Special) and 9/2/97 (Regular). b) proclaim 9/15 - 9/21 as Pollution Prevention Week. c) Adopt RESOLUTION NO. R107-97 accepting a donation for Meals on Wheels Program. d) Adopt RESOLUTION NO. R108-97 approving Nelsen Hills Farm 6th Addition Development Contract. e) Adopt RESOLUTION NO. R109-97 approving Community Landfill Abatement Funding application. f) Approve capital outlay request - purchase of shot guns for police Department. g) Approve rental of advertising space at Ice Arena by Key Design. h) Approve City Donation Policy amendment. i) Approve City participation in County public auction. j) Approve sealing of exterior block walls at Fire Hall by A.J. Spanjers Company. k) Receive information regarding railroad crossing improvements on Elm Street. 1) Approve lease renewal agreement with ABH Properties for Solid Waste garage. m) Approve payment of bills as submitted. n) Adopt RESOLUTION NO. R110-97 approving Gambling Premise Permit for Eagles Club. APIF, MOTION CARRIED. 6. 1997 Seal Coat Assessment Hearing City Engineer Mann presented the total project costs, amount to be paid by the City and the amount to be assessed to benefited properties. He noted the City had received three letters objecting to the assessment. Councilmember Strachan said he felt the residents were objecting to the quality of the work on the project rather than to the assessment. Engineer Mann said that the concerns of one of the three residents who filed objections had been responded to previously. Councilmember Cordes asked what actions would be taken if the work was defective. Engineer Mann said he would have to inspect the area before making that decision. Kevin Mahlstedt of 19347 Eureka Court raised questions regarding cracksealing in conjunction with the seal coat project. His street had not been cracksealed prior to seal coating and felt his assessment should be lower since this work had not been done. Mr. Mann noted that City crews did the cracksealing and it was not part of the assessment cost. He also explained that cracks can be sealed at any time. Mayor Ristow explained the seven year sealcoating/assessment program to Mr. Mahlstedt. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. Rlll-97 adopting the final assessment roll for Project 97-05. APIF, MOTION CARRIED. 7. Annexation Hearing - Sienna/Sauber Property Community Development Director Olson stated the annexation petition had been reviewed by the Joint Planning Board and the City Planning Commission, and both entities had approved of the annexation. He informed Council that State law entitles the Township to a percentage of the property's taxes over the first five years following annexation. Member Strachan asked for clarification that the percentage was based on current taxes, not on increases resulting from property value increases. Mr. Olson responded in the affirmative. There was no public comment. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fitch, second by Gamer to adopt ORDINANCE NO. 097-401 annexing the Sienna/Sauber property from Empire Township to the City of Farmington. APIF, MOTION CARRIED. 8. Annexation Hearing - Ristow/Giles Property Mayor Ristow stepped down from his seat at the Council table for discussion of this item. Community Development Director Olson reviewed the process which took place in regard to this annexation petition. He noted that discussion had taken place at both the Joint Planning Board and City Planning Commission level several times. The question of having only one access in and out of the proposed commercial/multi family development created some concern during those discussions, however, it was Director Olson's opinion that annexation and future use were separate issues and should be addressed separately. Access, zoning, use issues would be more appropriately addressed during the platting and rezoning hearings for the property. Jacqueline Franke: How far to the east does the proposed annexation extend. Jerry Ristow: To the Olson house. Jacqueline Franke: Wasn't this property supposed to be annexed when we were? Jerry Ristow: The petition was withdrawn. Jacqueline Franke: Has the Brekke property been annexed? Is that where the access road will go? Jerry Ristow: Yes it has been annexed. You have to ask Mr. Giles about plans for the development. Tim Giles: We have nothing planned for sure yet. Ruby Marcell: How many properties were annexed along our road? We were never told about it and now we are finding out our well may be contaminated. All of the other properties were given a deal to get Village water and we never heard about it. Member Fitch: Explained how and why the annexation of the properties along 213th Street occurred. Ruby Marcell: If we are annexed, will we get the same deal as the other people. My main concern with this annexation is that the commercial developmen will contaminate my well. Jacqueline Franke: What kind of multiple housing is being proposed? Tim Giles: Nothing has been set yet. Jacqueline Franke: Will we be notified when the property is platted? Dave Olson: Yes, notices will be sent to each property owner in the affected area. Jacqueline Franke: We were hooked up to City water but not sewer. When this development takes place, will we be able to get municipal sewer? The development will need sanitary sewer. Dave Olson: That will require a request for MUSA expansion which will be part of the development and platting process. The first thing that needs to be done is the annexation. MOTION by Gamer, second by Cordes to close the public hearing. VOTING FOR: Gamer, Cordes, Fitch, Strachan. ABSTAIN: Ristow. MOTION CARRIED. MOTION by Strachan, second by Gamer to adopt ORDINANCE NO. 097-402 annexing the Ristow/Giles property from Empire Township to the City of Farmington. VOTING FOR: Cordes, Fitch, Strachan, Gamer. ABSTAIN: Ristow. MOTION CARRIED. Finance Director Roland noted that property owners must request to be annexed into the City, the City cannot initiate the process. After returning to the Council table, Mayor Ristow apologized to the Marcell's if they had been overlooked during the 213th Street annexation process. 9. JIT Easement Vacation Hearing Community Development Director Olson explained the request to vacate the utility easements was due to the proposed expansion of the JIT facility. He stated that the resolution vacating the easements contained the contingency that the expansion be completed. He also noted that a waiver of plat would be required later to combine the two lots into one parcel. There were no public comments. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. Rl12-97 vacating the utility easement on the lot lines between the existing and proposed JIT facility contingent upon the expansion taking place.. APIF, MOTION CARRIED. 10. Extend Plat Filing Deadline - Pine Ridge Forest Mr. Olson informed Council that a request had been received from the Developer's engineering firm to extend the plat filing deadline due to difficulty in locating and describing a gas line easement. The extension was requested until October 15, 1997. MOTION by Gamer, second by Fitch to extend the deadline for filing the final plat of pine Ridge Forest until October 15, 1997. APIF, MOTION CARRIED. 11. Traffic Signal Revision on Elm Street City Engineer Mann explained to Council that the State required the execution of an agreement before they would provide a mast arm pole for the signal revision. All costs associated with the revision will be assessed to the South Suburban Medical Clinic facility. MOTION by Cordes, second by Strachan to adopt RESOLUTION NO. Rl13-97 approving the agreement with the State of Minnesota for traffic signal revision on 21m Street. APIF, MOTION CARRIED. 12. Roundtable I/I Study on Main Street: Engineer Mann responded to a request by Councilmember Fitch to review the amount of III flowing into the sanitary sewer in the Main Street project area. Discussion centered around the need to replace antiquated systems not only in the Main Street area, but in other old sections of the City. MOTION by Fitch, second by Gamer to direct staff to do an I/I analysis in the Main Street project area and report back to Council at the October 6, 1997 meeting. APIF, MOTION CARRIED. Train Whistles: Police Chief Siebenaler reviewed contacts made by the City Administrator with different agencies in an attempt to resolve the problem with loud, prolonged train whistles during night time hours. It was noted that the F.R.A. was in the process of drafting and initiating legislation which would eliminate all local ordinances nationwide which attempt to restrict train whistle blowing. Councilmember Gamer: Read Administrator Erar's memo regarding publication of Council agendas in the Farmington Independent. Councilmember Cordes: Informed Council that CEEF was holding a meeting to discuss the continuation of a community celebration. Finance Director Roland: Informed Council of receipt of a LMC dividend amount of $26,169 for workman comp insurance. would be placed in the General Fund. check in the The money 15. MOTION by Fitch, second by Gamer to adjourn at 8:10 P.M.. CARRIED. APIF, MOTION Respectfully submitted, Mary Hanson Clerk/Typist Sb TO: Mayor, Councilmembers, City Administrator JX-- FROM: Karen Finstuen, Admin. Servo Mgr. SUBJECT: Adopt Resolution Accepting Donation DATE: October 6, 1997 INTRODUCTION A donation of $850 has been received from the Farmington Chorale. DISCUSSION The Farmington Chorale has donated funds that will be used to purchase a display case to house historical records i.e., the original book of ordinances, birth and death records, and an atlas. The funds will also be used to restore the clock which was displayed on the front of the recently demolished Dakota County Tribune building. BUDGET IMPACT The cost of a display case is $550, and the estimated restoration cost of the clock is $300. ACTION REQUESTED Adopt the attached resolution accepting the donation of $850 from the Farmington Chorale. Respectfully submitted, t~ otu- O. Karen Finstuen Administrative Service Manager Citlj of FarminfJ.ton 325 Oak Street. Farmin9ton, MN 55024 · (672) 463-7111 · Fa!f (612) 463-2591 PRO P 0 SED RESOLUTION ACCEPTING DONATION OF $850 FOR DAKOTA TRIBUNE CLOCK RESTORATION AND PURCHASE OF AN HISTORICAL DATA DISPLAY CASE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of October, 1997 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington Chorale has donated $850 to be used for the restoration of the Dakota Tribune Clock and the purchase of a display case for the City's historical documents; and WHEREAS, it is in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $850 from the Farmington Chorale to be used to fund the restoration of the Dakota Tribune Clock and the purchase of a display case for the City's historical documents. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October, 1997. Mayor Attested to the _____ day of October, 1997. City Administrator SEAL 5c FROM: Mayor, Councilmembers, City Administrator tJJc- Lee Smick, AICP ^. ~ Planning Coordinatorj)-X/ TO: SUBJECT: Second Amendment to Development Contract - Pine Ridge Forest DATE: October 6, 1997 INTRODUCTION Submitted herewith for Council approval is the Second Amendment to the Development Contract for Pine Ridge Forest. DISCUSSION The Developer for Pine Ridge Forest utilized the City park area as a borrow area in order to obtain soils to build the project. The City park area is shown on the grading plans as being left undisturbed, therefore the Developer is in default of the Development Contract for the project since he did not obtain permission from the City to use the park as a borrow area. Staff has met with the Developer and he has agreed to restore the park area to its original grade as required by staff. Attached is an amendment to the Development Contract that defines the responsibility of the Developer in this matter. RF.COMMRNOA TION That the Council adopt the attached resolution amending the Development Contract with Pine Ridge Forest. Respectfully submitted, i~~ J~' (- '../ ~ Lee Smick, AICP Planning Coordinator cc: file Citlj of FarminfJ.ton 325 Oak Street. Farmin9ton, MN 55024 · (612) 463-7111'. Falf (612) 463-2591 SECOND AMENDMENT TO DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this 6th day of October, 1997 by and between the City of Farmington, a Minnesota municipal corporation (City) and Pine Ridge of Farmington, LLP, a limited liability partnership (Developer). WHEREAS, City and Developer entered into a Development Contract dated May 5, 1997, recorded in the office of the Dakota County Recorder as Document No. (Contract); and the City and Developer entered into a first amendment to the Development Contract on June 2, 1997; and WHEREAS, City and Developer desire to further amend the Contract. NOW, THEREFORE, and in consideration for the mutual covenants contained herein and other goods and valuable consideration, City and Developer agree as follows: 1. That City park land disturbed in the construction process be restored by the Developer at its cost to the existing grade as represented by the approved plans for the project. Restoration sha1 include the establishment of erosion control devices and turf establishment as directed by the City Engineer and all work shall be subject to the terms of the Contract and shall be completed by October 31, 1997. 2. That the restoration work as described above, will be included in the work secured by the Developer's letter of credit under the Contract. 3. Except as modified herein, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first written above. Developer: Pine Ridge of Farmington, LLP City of Farmington SEAL Timothy Giles, President Gerald Ristow, Mayor John F. Erar, City Administrator NOTARY: NOTARY: PRO P 0 SED RESOLUTION APPROVING SECOND AMENDMENT TO DEVELOPMENT AGREEMENT - Pine Ridge Forest Addition - Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 6th day of October, 1997 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to Resolution No. R56-97, the City Council approved the Development Contract for pine Ridge Forest Addition which sets forth various terms and conditions; and WHEREAS, said Contract was recorded in the office of the Dakota County Recorder on as Document No. ; and WHEREAS, the City is requiring that the Developer, pine Ridge of Farmington, LLP, restore the designated parkland within the plat to its original grade following its use as a borrow pit for construction of the project. NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned Development Contract is amended to require the Developer restore the designated parkland within the plat to its original grade as required by City staff. 2. Except as modified by the First Amendment to the Development Contract, recorded as Document No. , and the above approved amendment, the Contract shall remain in full force and effect. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October, 1997. Mayor Attested to the ____ day of October, 1997. SEAL Clerk/Administrator TO: Mayor and City Council City Administrator~1!t' / Robin Roland. Finance Director FROM: SUBJECT: Amendment to Tax Increment Financing Agreement with Sienna Corporation DATE: October 6, 1997 INTRODUCTION The Tax Increment Financing Agreement between the City of Farmington and Sienna Corporation (East Farmington) was recorded at the County on March 29, 1995. This agreement, as recorded, lacks the "Exhibit F" describing how to calculate "Per Lot Developer Costs" used in determining payment of Available Tax Increment to the Developer. DISCUSSION Staff has been working with Sienna and John Kirby, of Dorsey & Whitney LLP, to arrive at the appropriate content and format of an "Exhibit F" to amend the TIF Agreement, as well as an amendment to Section 4.3 of the existing agreement to permit recovery of engineering and legal fees incurred by the City prior to determining the amount of Available Tax Increment to be paid to the Developer. The proposed Exhibit and Amendment are attached. BUDGET IMPACT The engineering and legal fees to be recovered were incurred in 1994 and 1995 and total approximately $42,000. ACTION REQUIRED Adopt the attached resolution amending the Tax Increment Financing Agreement between the City of Farmington and Sienna Corporation for East Farmington. Respectfully submitted, //. d';I/I:J' ,; /~. " --: / / LJIr-:--: ~/lc~~ .. / Robin Roland Finance Director r-- I i r~ \. ~ \ \ . rt \.~~ Citlj of FarminfJ.ton 325 Oak Street · FarminfJton} MN 55024 · (612) 463-7111 · Falf (612) 463-2591 EXHIBIT F: CALCULATION OF PER LOT DEVELOPER PUBLIC COSTS A. CALCULA nON OF BASE COST PER LOT FOR DEVELOPED LOTS HARD COSTS: 1. Hard costs (land, construction, engineering et.a!.) per bank draws through Year End 12/31/XX 2. Additional hard costs, not part of bank draws, paid for or incurred prior to Year End 12/31/XX SUBTOTAL #1 plus #2 3. Subtotal multiplied by amount allocable to single family costs (83%) (based on acreage attributable) 4. Payments for single family lots not included in above hard costs TOTAL HARD COSTS #3 plus #4 SOFT COSTS: 1. Legal and fmancing costs from Bank draws through Year End 12/31/XX 2. Additional soft costs paid directly by developer allocable to single family lots - Interest Sales commissions Real Estate taxes Bank release fees State Deed Tax (based on average lot price) Closing costs - sales to builders (closed in full through 12/31/XX) Miscellaneous soft costs - permit fees, signage, maintenance, NSP plat recording fees, attorney fees, HOA, advertising management staff costs (10% of defined office expense) TOTAL SOFT COSTS #1 plus #2 DEVELOPER FEES: l.TOTAL HARD COSTS @ 15% 2.TOTALSOFTCOSTS @ 15% TOTAL DEVELOPER FEES #1 plus #2 TOTAL BASE COST PER LOT: SUM OF (TOTAL HARD COSTS, TOTAL SOFT COSTS AND TOTAL DEVELOPER FEES FOR DEVELOPED LOTS) DIVIDED BY (NUMBER OF DEVELOPED LOTS THROUGH YEAR ENDED l2/3l/XX) B.CALCULA nON OF PER LOT DPC: AVERAGE SALES PRICE FOR LOTS SOLD FROM WHICH TAX INCREMENT GENERATED AND PAID IN PRECEDING CALENDAR YEAR 1. Total sales price of sold lots 2. Number of lots sold A VERAGE SALES PRICE PER LOT #1 divided by #2 PER LOT DEVELOPER PUBLIC COST (DPC) 1. Base cost per lot 2. Average sales price per lot PER LOT DPC #1 minus #2 TAX INCREMENT CALCULATION Amount of Tax Increment due to the developer as of a Calculation Date is equal to the number of developed lots from which Tax Increment has been generated multiplied by per lot DPC less all previous payments of Available Tax Increments; provided that (I) the aggregate Available Tax Increments payable to the developer shall not exceed $1,500,000 and (II) until recalculated pursuant to Section 3.2 (a)(iii), per lot DPC cannot exceed $3,521. All formulas in this Exhibit are based on Section 3.2 of the Tax Increment Financing Agreement. PROPOSED AMENDMENT TO SECTION 4.3 OF TAX INCREMENT FINANCING AGREEMENT BETWEEN SIENNA CORPORATION AND THE CITY OF FARMINGTON Section 4.3 Payment of Available Tax Increments. It is anticipated that Bonds will mature on each February I, with interest payable on each February I and August 1. With respect to Tax Increments received from the TIF district, to the extent the Tax Increments received during a given Bond Year are less than or equal to the Debt Service on the Bonds for that Bond Year, the City will retain all Tax Increments. If the Tax Increments received are greater than the Debt Service plus the City's Annual TIF Administrative Fee plus engineering and legal costs incurred by tile City (Available Tax Increments), during the fIrst two years the City receives Tax Increments, the City will, following the February I Debt Service Payment, disburse 50% of the Available Tax Increments received to the Developer and retain 50% of the Available Tax Increments. Thereafter, the City will disburse 100% of the Available Tax Increment to the Developer on each February I following payment of the Debt Service and the City's Annual TIF Administrative Fee due that date. Such disbursements to the Developer will continue until the earlier of (I) the date as of which the aggregate of all payments made to the Developer (including the initial disbursement from Bond proceeds) equals the total Developer Public Costs; or (ii) the expiration of the term of the TIF District. The proposed amendment above redefines the term "Available Tax Increment" to permit recovery of engineering and legal fees incurred by the City prior to determining the amount of Available Tax Increment. The Developer agreed (meeting 12/2/96) that these costs should be recovered by the City prior to Tax Increment being paid to the Developer. RESOLUTION AMMENDING THE TAX INCREMENT FINANCING AGREEMENT BETWEEN THE CITY OF FARMINGTON AND SIENNA CORPORATION 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 6th day of October, 1997 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following: WHEREAS, pursuant to Resolution No. R164-94, the City Council approved the Tax Increment Financing agreement with Sienna Corporation; and WHEREAS, said agreement was recorded in the Office of the Dakota County Recorder on March 29,1995 as Document No. 1271390; and WHEREAS, said agreement did not include "Exhibit F", "Calculation of per Lot Developer Public Costs"; and WHEREAS, the City of Farmington incurred engineering and legal fees which Sienna Corporation has agreed should be recovered by the City; and WHEREAS, it is the desire of the City and Sienna Corporation to amend said Agreement to address these issues. NOW THEREFORE, BE IT RESOLVED that the Tax Increment Financing Agreement by and between the City of Farmington and Sienna Corporation is amended with the attached "Exhibit F" and that Section 4.3 of the agreement be amended to read as follows: Payment of Available Tax Increments. It is anticipated that Bonds will mature on each February 1, with interest payable on each February 1 and August 1. With respect to Tax Increments received from the TIF district, to the extent the Tax Increments received during a given Bond Year are less than or equal to the Debt Service on the Bonds for that Bond Year, the City will retain aI/ Tax Increments. If the Tax Increments received are greater than the Debt Service plus the City's Annual TIF Administrative Fee plus engineering and legal costs incurred by the City (Available Tax Increments), during the firs two years the City receives Tax Increments, the City will, fol/owing the February 1 Debt Service Payment, disburse 50% of the Available Tax Increments received to the Developer and retain 50% of the Available Tax Increments. Thereafter, the City will disburse 100% of the Available Tax Increment to the Developer on each February 1 fol/owing payment of the Debt Service and City's Annual TIF Administrative Fee due that date. Such disbursement to the Developer will continue until the earlier of (/) the date as of which the aggregate of aI/ payments made to the Developer (including the initial disbursement form Bond proceeds) equals the total Developer Public Costs; or (/I) the expiration of the term of the TIF District. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October, 1997. Mayor City Administrator 5e TO: Mayor, Councilmembers and City Administrator .:tfL / FROM: Joy Lillejord, Recreation Program Supervisor SUBJECT: Approve Grant Application for the Metropolitan Regional Arts Council DATE: October 6, 1997 INTRODUCTIONIDISCUSSION Farmington Recreation along with Lakeville Recreation would like to apply for a small grant in the amount of$2,000 - 3,000. This grant has been made available from the Metropolitan Regional Arts Council. The Metropolitan Regional Arts Council serves a diversity of organizations, arts projects and arts audiences in the seven-county metropolitan area through programs and services that provide all interested people, in their own and other communities in the region, with opportunities to engage in the process of creating art as well as opportunities to enjoy the artistic accomplishments of others. The grant money will go to fund an art series in Farmington and Lakeville during the summer of1998. Farmington and Lakeville's Parks and Recreation Commissions will be asked to provide input for this grant. BUDGET IMP ACT Metropolitan Regional Arts Council funds must be matched dollar for dollar. At least 50 percent of the match must be in cash. Cash sources may include general operating funds, past surpluses, other grants, and earned income orrevenue we plan to raise specifically for the project. The remaining match may include 1) cash from earned revenue and other grants and/or 2) in-kind goods and services. ACTIONREOUIRED Adopt a resolution authorizing application for the Metropolitan Regional Arts Council grant. Respectfully submitted, v tY4" fl\ Lr IIt,OYl\ JoyCJ. Lillejord \J Recreation Program Supervisor Citlj of FarminfJ.ton 325 Oak Street. Farmin9ton} MN 55024 · (612) 463-7111 · Falf (612) 463-2591 PRO P 0 SED RESOLUTION APPROVE APPLICATION FOR METROPOLITAN REGIONAL ARTS COUNCIL GRANT FOR A 1998 FARMINGTON/LAKEVILLE SUMMER ARTS RECREATION PROGRAM Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of October, 1997 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, the Metropolitan Regional Arts Council has matching fund grants available for programs and services to provide residents with opportunities to both create and enjoy others' artistic creations; and WHEREAS, the Recreation Departments of Farmington and Lakeville will work together to create and sponsor an arts series for their communities; and WHEREAS, the Cities of Farmington and Lakeville will share 50/50 in the required matching funds and in kind services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington hereby approves the submittal of an application to the Metropolitan Regional Arts Council for a joint FarmingtonjLakeville matching fund grant for a recreational arts series program. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October, 1997. Mayor Attested to the _____ day of October, 1997. City Administrator TO: Mayor and City Council City Administrator,/)t,. Robin Roland, Finance Director FROM: SUBJECT: Resolution authorizing Finance Director to trade investments DATE: October 6, 1997 INTRODUCTION FBS Investments, with whom the City has invested funds pursuant to the City's depository agreements, require a resolution naming the individuals who may transact business in the City's name. DISCUSSION The City Council has previously approved the depository. The resolution requested merely formalizes that the Finance Director has been directed by the City Council to act on the City's behalf in transacting investment business. BUDGET IMPACT Investment earnings are a budgeted source of revenue in both 1997 and 1998. ACTION REQUIRED Adopt the attached Non-Corporate Resolution authorizing the Finance Director to transact the City's investment business. Z~ Robin Roland Finance Director 5+ Citlj of FarminfJ.ton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Falf (612) 463-2591 RESOLUTION AUTHORIZING FINANCE DIRECTOR TO TRANSACT INVESTMENT BUSINESS ON BEHALF OF THE CITY 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 6th day of October, 1997 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following: BE IT RESOLVED that Robin Roland, Finance Director, is hereby authorized to sell, assign and endorse for the transfer, certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of the City of Farmington. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October, 1997. Mayor City Administrator FROM: Mayor, Councilmembers, City Administrato~~ Ken Kuchera, Fire Chief 33 TO: SUBJECT: School/Conference Requests DATE: October 6, 1997 INTRODUCTION/DISCUSSION Request #1 - Rescue Squad personnel are required to attend refresher courses in Emergency Medical Technician Training. Five members are requesting to attend a course offered at the Eagan Fire Administration Building. Request #2 - Three members of seminar on "Trauma Tactics". and is sponsored by Life Link experience in the appropriate topics. the Rescue Squad are requesting to attend a The seminar will be held in Red Wing, Minnesota III. The training provides valuable hands on techniques for a variety of emergency care BUDGET IMPACT The 1997 Budget contains adequate funds to cover the cost of these requests. ACTION REQUIRED Approve the requests for five rescue squad members to attend the EMT Refresher Course at the Eagan Fire Administration Building, and the request for attendance at the Trauma Tactics seminar in Red Wing. Respectfully submitted, ~ c/(u..~~ Ken Kuchera Fire Chief FDl Citlj of FarminfJ.ton 325 Oak Street · FarminfJton} MN 55024 · (612) 463-7111 · Falf (612) 463-2591 REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENT _gg~C:0.ff_~~<-:J..1ie._ DATE OF CONFERENCEJf'X~J2/ _lL:?.E..-J"7 . Ft~om To LOCA T I oN_fbfp.fr~_[li:SgJ.!Jj!1:'J:i.IJlADE~~I::J.L'::.e!!:!..~.:f.tJ2€~-d=..~~--- EMPLOYEE(S) ATTENDING: l)_~Ln_~~L~___~PP~~g~gILi-__--- 0(0-0 35""1-1.{ aa 0 2 ) _?PMf.~f::.~€g___5'.€~L~..J5-"L€lil}~------- 3)J?~~~~~_______________________ TYPE OF CONFERENCE_gL!JI:.a.-.Bg.E.f..gSLl.ff:..~----------------------- TOPICS l)I~~~~~________________________________________ 2)Ji~~~~~_______________________________--_----____ 3)~A~~~sJH~a~~~T_----------------------------------- METHOD OF TRAVEL_i€?S~~d~_~glS~~_--------------------------- Arnolmt Prov i ded in Adj ltst ed 1) Trave I $ __'lJ~QQ_-_-___ 19J~ Budget $_J~_Q2~g_9_ 2) Registration~_~~~_ 3) Room $ ..E_ Arllount Request $__I_O_'_7_,.9_Q__ 4) Meals ;-50:0-0--------- Arllt Remai ni ng $__~~Jl-!..9_~__ 5) Other E;;p;~~;-$===~=== ~__ _1.Ii!_<::ff7 ~partment Head Date ---/if/I/...1---- j;jA~ FiYlaYICe Di~~tor Date ( ----------------------------------------------------------- TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. -------------------------- CITY ADMINISTRATOR -------------------------- Date ACTION TAKEN BY THE COUNCIL ON THE ______ DAY OF __________________, 13 (APPROVED) (NOT APPROVED) Rev 9/86 - -.:: ~ REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENT _~f~C~S.g5:J~Q- DATE OF CONFERENCE1Q:C::tz/ JJ:.::!.8::.Y.7 Ft~Orll To LOCATION_lfgBS~_~~~~Q__(~/LYJ2:J0~~~~~~~-~------------ EMPLOYEE(S) ATTENDING: 1)_7Qa211~~2~~_____________________ 2):O~~_Ltt~~€'~_-_____--_-____-_-__-_ oca-o 351- 'I~d 0 3) .F.J..-fl~~f!:.fJl.ttt1-------------------- TYPE OF CONFERENCE_~~_~~g~~~~~~~~~L_~_~~_'~P~~f-___- TOP I CS 1) Jl.PY~~(gfJJ-..!E€_5_""1P2J!L.lJ2.E._~(!1.ff..f!_C:J...~~f.J:-____-------- 2)t~~Q~_~~~g3~~g_~~f~~~___----------------------- 3)__E~E_~~~L~I_Gi~~_______________________________ METHOD OF TRAVEL_e~2~~~__~~d~s&~__----------------------- Amc,ur.t Request Anlt Renla i n i rIg $ -!J~~~~!r--- $ _J~_4-._'LL___ 1) Tt~ave 1 $__.a2..5.~QQ..------ 2) Registration $_~~9~~Q 3) Rc,c"n $ __?$.:..5~_________ 4) Meals $__~Q~Q_Q___~___ 5) Other Expense $___~___ Amount Provided in Adjusted 1932_ Budget $_5_~~~g~___ '1j~!Jl Date ------------------- ------- Finance Director Date ----------------------------------------------------------- TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. -------------------------- CITY ADMINISTRATOR -------------------------- Date ACTION TAKEN BY THE COUNCIL ON THE ______ DAY OF __________________, 19 (APPROVED) (NOT APPROVED) Rev 9/86 5h TO: Mayor, Councilmembers, City Administrato~~ ! FROM: Karen Finstuen, Admin. Servo Mgr. SUBJECT: Appointment to Park and Recreation Advisory Commission DATE: October 6, 1997 INTRODUCTION Gene Rendino has resigned from the Park and Recreation Advisory Commission. DISCUSSION Mr. Rendino has been transferred out of State and therefore, regretfully resigns from his seat on the Park and Recreation Board. Attached is an application from Rosalie Besse, who has been attending Park and Recreation meetings for the past year and is interested in being appointed to the vacated seat. ACTION REQUESTED Appoint Rosalie Besse to fill this vacancy for the remainder of the term which expires 1/31/99. Respectfully submitted, ..'1 ^ , /1-'-- _/~ t0v-- (/~ Karen F instuen Administrative Service Manager Citlj of FarminfJ.ton 325 Oak Street · Farmin9ton} MN 55024 · (612) 463-7111 · Falf (612) 463-2591 CITY OF FAR.\llNGTON APPLICATION FOR BOARD OR COMl\fiSSION APPOINTMENT Name9 f)ScJ t-e ~ ("". .s se Date of Application q- ) q - q ') Address SIr:> (0 <;:::- / O~ e,- )<i5-J.-.-::: ~+ . Daytime Phone #(d ~ - 4/,.):s. - ~:~ SO r j ~ n i "', (' C. D "'- r EmployedByY"'r\ d <:::::.. E-I +') _1 (' PA<; e~ Cr., l~' 'Q.i'~. rcul6<-. ~v-- BoardorCommissionyouwishtoserveonf t:t.Jr-k S d-R ..Qc:..(j eLc~ ~"{jV\' .A-dc:~s. N-:::e. \-J r f,)~ ~~ -+t~~ ~ Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) G I'd ,.(JL.,l,. ~ t-P C)f IS u,,, Y"\ <:.u ~ d -t' ~j. S- -, ) qj :s ,~L\; 0/"\ < P rQ- ... c.k~L.o C (~;--e 'Qr,c-u(',.( ~V ) \ ( lP ..-". 'V Ie h~e"" a_Jf el.--C, :J- u- j-1r--e.. .p a..;-[",< ~~ ~ ~V'1 <: -h\\.^. u~ fa s-1- 'f P ^-f/'. R i 1<; I u a <.A-" rO h -€- n-.. -J -\=' ( ~ .f-+- 1~ €- to t') Q (- ()t'Y'-, !~ ~ '-H-~ ~ _ u~ . ~ 0.. J" 1'1- s:: .+L ~ ~ .. State briefly, your reasons for seeking an appointment to this board or commission ) ~ a Uf'"' be6'\... C Dn C e.r-Y\ -'2..1) ~2.0-+- ~ ~rv-- \~ +~~ p~ l'K" ,'", +-i-e ~~'tt-'>,. :f- h~~) l~ec:.O ~.e:r~ ,,' <:+ /'~" tl~ 6'-l-.....l 0....Jo->J D ~.J,< ~ e,s w ~ fa a ~ +- [r'\V due $ D I So-fw-.-tE LL r ^' (II . I '[ ( " . -d- c / I J . r :~rr ~~ t---tf +1--.. -e.- r't"\ F1/\ ~ 'i ~ ~ €---t-1 "'" ~ ~. I I" I, ;:-_ '~/"'. """' Y' [? it.. 't r /t r to ~ .<de- :..+-+-l-e. P a..y-L-<.. <ia...l~ 0'S t- .f2.J.)ev a-.c31CLY,J r C orr-.n...UJl '-\..cc__t<e l..'-' .t,--~ cJ. c..) o-r- " u...V"' eJ- t"s Wh.-o v. k ~~ ~ . " c c......J t.. . u-J d iL- Q<.I J I d-. I -j(j'- o-h eu---r- a.-lc.-ef- 6 /~~ f- -/^+ ~€-5+- 'Ui- m _€- c Cfr-.~ l . ~~ +~~ ,)~~s a...r-e. () errt I ~0r+:tt-(''\.{- 4-t) 0- ~f~ Ih. IJ. G...... .L--r-; ~l l . \,' 0- \ rO ~'O ,p-c::.s...c .~ s e..vve... Ch. -f-+--e ~ UlS Dr(1- C~Yh ltt-e.€.. - j \ References (list any references u wish that would be t . i with y~ qualifications for the position).' 'cJ.~ir- "" L"'- J L( {Q 3 ~ \ <:::: CI"-. ad0( $ (. r . ~ 07"\ ~.tr~ 0_ a / " D" e ~ R /7 , I' // Signature A./1 tJ.. y \.::!h "/2-d "" Date q-/ q -q ) ~\ L---- TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Council Communication Policies DATE: October 6, 1997 INTRODUCTION At the September 10, 1997 Council-management team work session, a number of policies were presented to Council for review and discussion. It was discussed that these policies would be presented to Council at the October 6, 1997 meeting for formal adoption. DISCUSSION Attached, please find proposed Council policies on the following items: 1) Council-Resident Complaint Resolution Process 2) Council-Staff Communication Protocol 3) Council Expectations of Staff Work Assignments 4) Council-Management Team Statement of Commitment to Productive Working Relationship BUDGET IMP ACT None. ACTION REQUESTED Adoption of the attached Council Policies is requested. Respectfully submitted, ;1 1 d () %7 '-z'}'~_ JOhn F. Erar City Administrator Citlj of FarminfJ.ton 325 Oak Street. FarminfJton] MN 55024 · (612) 463-7111 · Falf (612) 463-2591 COUNCIL POLICY -101-01-1997 Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for Council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members, the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint, she or he is encouraged to contact the City Administrator, or if the referring service department is known, the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on status. c) In situations, where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once a resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgement and reasonable service time frames. t) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. COUNCIL POLICY -101-02-1997 Council-Staff Communication Protocol In order to maintain a consistent, open and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. COUNCIL POLICY -101-03-1997 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale, process and procedures issues and associated background information, but should allow staff to exercise their professional judgement with confidence. COUNCIL POLICY -101-04-1997 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible, considered and objective manner. C::k JI FROM: Mavor. Councilmembers. Citv Achninistrator /:f;?L . Lee M. Mann. P.E., Director of Public Works/City Engineer TO: SUBJECT: Flagstaff A venue maintenance expenditure DATE: October 6, 1997 INTRODUCTION Due to the excessive amount of time that is spent grading Flagstaff Avenue throughout the spring, summer and fall, staff is in the process of determining what, if anything, can be done to remedy the situation. DISCUSSION The overriding problem on Flagstaff Avenue is the abundance of frost boils. Frost boils occur when heavy clay soils are present that hold water through the freeze-thaw cycle. When these soils absorb water through this cycle they expand and cause the road to heave upward. If there is enough of this type of soil and water present the heaves can be severe enough to render the road impassable. Normally, by mid-summer the soils have dried out and the road is stable again until the following spring. This year's wet weather however, has caused the problem to continue even until now. Due to the excessive amount of man hours spent re-grading Flagstaff, staff is in the process of identifying options to improve the situation. One step that staff is recommending is a suggestion put forth by the Street and Utility Supervisor. It is proposed that one area of frost boil be excavated and replaced with granular material. The granular material that would replace the clay soils would be the City's stockpiled seal coat aggregate, which is very suitable for this purpose. The hard costs involved would be the cost of renting a back hoe and the replacement of the class 5 aggregate for the surface. The benefit of this procedure will be two-fold. First. in excavating the clay material staff will be able to see the soils involved and get a better idea of what is happening. Second. it will be an experiment to see if excavating the clay materials and replacing with granular can solve the problem. Every year the City will have excess seal coat aggregate and if this procedure works. it may be determined that the excess should be utilized in this manner every year. Citlj of FarminfJ.ton 325 Oak Street · Farmin9ton] MN 55024 · (612) 463-7111 · Fax (612) 463-2591 BUDGET IMPACT It is proposed that funding for this maintenance work be appropriated from the Road and Bridge Fund. Starting next year, the City will be receiving substantially more funds from the City's MSA account for maintenance and future maintenance expenditures could come from these funds. A portion of Flagstaff Avenue is designated as a City MSA route. RECOMMENDATION Staff recommends that Council approve a not to exceed expenditure of $10,000 for maintenance of Flagstaff Avenue as described in this memo. Respectfully submitted, ~Jn~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Elayne Donnelly COUNCIL REGISTER Council Meeting 10/6/97 VENDOR 4 PAWS C/O CURT FINCH <*> ABH PROPERTIES <*> AERIAL COMMUNICATIONS INC <*> AIRLAKE FORD MERCURY <*> AIRTOUCH CELLULAR <*> ALBINSON INC <*> ALCORN BEVERAGE CO. INC. <*> AMERICAN ASSOCIATION OF RETIRE <*> AMERICAN PUBLIC WORKS ASSOCIAT <*> AT&T WIRELESS SERVICES <*> AUGE JR, GERALD J. <*> BADGER METER INC <*> BARTON SAND & GRAVEL CO <*> BAUER, JAY <*> BLUE CROSS & BLUE SHIELD OF MN <*> BONDHUS, MILTON <*> BONESTROO ROSENE ANDERLIK INC ACTIVITY POLICE ADMIN SEWER OPEATIONS SOLID WASTE STREET MAINT ADMINISTRATION PATROL SERVICES BUILDING INSPCT POLICE ADMIN RESCUE SQUAD SOLID WASTE 02-0CT-1997 (14:06) DESCRIPTION PROF SERVICES EQUIP MAINT/RENT EQUIP MAINT/RENT EQUIP MAINT/RENT UTILITIES TRANSPORT COSTS UTILITIES UTILITIES UTILITIES UTILITIES ENGINEERING SERV PROF SERVICES LIQUOR Senior Center MERCH FOR RESALE ENGINEERING SERV DUES & SUBSCRIP OPER MAT & SUPPL ENGINEERING SERV PATROL SERVICES SEWER OPEATIONS STREET MAINT WATER UTILITY PROF SERVICES EQUIP MAINT/RENT PROF SERVICES PROF SERVICES PROF SERVICES ENGINEERING SERV TRANSPORT COSTS WATER UTILITY PROF SERVICES STREET MAINT PROF SERVICES Recreation Prog OPER MAT & SUPPL GENERAL FUND MEDICAL INS SEWER OPERATIONS USER FEES 1997 IMPROVE PROF SERVICES ARENA TEAM ROOM PROF SERVICES CHINESE REST PROF SERVICES COUNTY ROAD 31 PROF SERVICES DEVLPR CAP PROJ PROF SERVICES ELM ST EXTENSION PROF SERVICES ENGINEERING SERV PROF SERVICES G.I.S. PROF SERVICES HRA/ECONOMIC DEV PROF SERVICES HWY 50 RECONSTR PROF SERVICES IND PK - PH II PROF SERVICES LARCH STREET PROF SERVICES RESERVOIR CONSTR PROF SERVICES SEWER OPEATIONS ?ROF SERVICES CHECK AMOUNT 525.00 525.00* 100.00 1,500.00 290.00 1,890.00* 1. 83 1. 83 * 777.20 777.20* 29.97 138.83 15.96 30.58 215.34* 385.08 385.08* 10,506.00 10,506.00* 80.00 80.00* 90.00 90.00* 10.08 182.46 29.85 59.71 29.85 311.95* 43.09 43.09* 1,065.00 1,065.00* 165.40 165.40* 45.00 45.00* 22,448.70 22,448.70* 18.66 18.66* 34.50 7,008.63 318.32 885.35 27,191. 2" 17,524.-- 5,019. 70 383 '. 1,061 147 720 - 15,440. 280 5( CK-SUBSYSTEM OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR ACTIVITY 02 -OCT-1997 (14: 06) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM --------------------------------------------------------------------------------------------------------------------- BONESTROO ROSENE ANDERLIK INC <*> BRAUN PUMP & CONTROLS <*> BRIMEYER GROUP INC <*> BRYAN ROCK PRODUCTS INC <*> BT OFFICE PRODUCTS INTERNATION <*> BUDGET OIL CO <*> BUG BUSTERS INC <*> BURNSVILLE SANITARY LANDFILL I <*> CAMAS <*> CANNON WELDING AND MANUFACTURI <*> CAP AGENCY <*> CARQUEST <*> CHELL, MICHAEL <*> CHURCHILL TIRE INC <*> CMI INC <*> COCA-COLA ENTERPRISES <*> COLE, ARVIN <*> COLLEGE CITY BEVERAGE INC <*> COMM CENTER <*> COMMERCIAL ASPHALT CO <*> CONOCO STATE AID STREET PROF SERVICES STORM WATER UTIL PROF SERVICES STREET MAINT PROF SERVICES WATER UTILITY PROF SERVICES SEWER OPEATIONS EQUIP MAINT/RENT LEGISLATIVE CTRL SCHOOL & CONF PARK MAINT ADMINISTRATION BUILDING INSPCT ENGINEERING SERV FIRE SERVICES PARK MAINT PATROL SERVICES SOLID WASTE STREET MAINT FIRE SERVICES SOLID WASTE STREET MAINT PARK MAINT SENIOR CITIZEN PARK MAINT SOLID WASTE OPER MAT & SUPPL OFF & PAPER SUPP TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS PROF SERVICES PROF SERVICES OPER MAT & SUPPL OPER MAT & SUPPL PROF SERVICES TRANSPORT COSTS EQUIP MAINT/RENT SEWER OPERATIONS USER FEES PATROL SERVICES TRANSPORT COSTS COMMUNICATIONS PROF SERVICES LIQUOR MERCH FOR RESALE SEWER OPERATIONS USER FEES LIQUOR PARK MAINT STREET MAINT BUILDING INSPCT FIRE SERVICES PARK MAINT PATROL SERVICES SOLID WASTE MERCH FOR RESALE EQCIP MAINT/RENT M.l\.T & SUPPL C;~.:..'jSPORT COSTS -=C,:;SPORT COSTS ~.= c:-: S ['ORT COSTS ::SPORT COSTS ~ = ~_:'; S PORT COSTS 2,188.69 840.00 980.00 280.00 80,374.45* 507.40 507.40* 700.00 700.00* 127.02 127.02* 558.93 558.93* 74.46 127.50 112.34 60.94 301.77 546.56 188.73 1,412.30* 38.00 38.00* 15,705.78 15,705.78* 76.50 76.50* 54.00 54.00* 1,503.09 1,503.09* 3.32 181.36 184.68* 23.86 23.86* 281.00 281. 00* 671.06 671.06* 310.00 310.00* 26.90 26.90* 7,541.30 7,541.30* 141~12 141.12* 75.95 75~95' 16.85 70.66 29,65 460 " 334.36 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH JH OH DH COUNCIL REGISTER VENDOR <*> COPY SALES INC <*> D & 0 PROPERTIES <*> DAKOTA COUNTY ECONOMIC DEVELOP <*> DAKOTA COUNTY HIGHWAY DEPARTME <*> DAKOTA COUNTY LUMBER COMPANY <*> DAKOTA COUNTY PUBLIC HEALTH NU <*> DAKOTA COUNTY QUALITY COUNCIL <*> DAKOTA COUNTY RECORDER <*> DAKOTA COUNTY SOIL AND WATER <*> DAKOTA ELECTRIC ASSOCIATION <*> DAY DISTRIBUTING CO <*> DOEBBERT, KARL <*> DORSEY & WHITNEY LLP <*> DOYLE INCORPORATED <*> DUEBERS DEPT STORE <*> DUSTCOATING INC <*> ELECTRICAL INSTALLATION & MAIN <*> ERAR, JOHN <*> FARM BUREAU INS <*> FARMINGTON BAKERY INC <*> FARMINGTON EMPLOYEE CLUB <*> FARMINGTON INDEPENDENT ACTIVITY FIRE SERVICES LIQUOR 02-0CT-1997 (14: 06) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM EQUIP MAINT/RENT EQUIP MAINT/RENT COMM DEVELOPMENT DUES & SUBSCRIP HRA/ECONOMIC DEV DUES & SUBSCRIP COUNTY ROAD 31. PARK MAINT SWIMMING POOL PROF SERVICES OPER MAT & SUPPL PROF SERVICES PERSONNEL PROF SERVICES RECREATION PROGR SCHOOL & CONF PLANNING/ZONING DEVLPR CAP PROJ BUILDING MAINT EMERG MGMT SERV FIRE SERVICES LIQUOR SEWER OPEATIONS SIGNAL MAINT STREET MAINT WATER UTILITY LIQUOR PROF SERVICES PROF SERVICES UTILITIES EQUIP MAINT/RENT UTILITIES UTILITIES UTILITIES PROF SERVICES UTILITIES UTILITIES SEWER OPERATIONS USER FEES MERCH FOR RESALE HRA/ECONOMIC DEV PROF SERVICES STREET MAINT COUNTY ROAD 31. Recreation prog Senior Center STREET MAINT 1.997 IMPROVE ADMINISTRATION ADMINISTRATION COUNTY ROAD 31. GENERAL FUND ADMINISTRATION EQUIP MAINT/RENT PROF SERVICES OPER MAT & SUPPL OPER MAT & SUPPL PROF SERVICES CONSTRUCTION TR-"u",SPORT COSTS DcJE'A SUBSCRIP Pi":CE. "'ORVICES E'A~=- ,'OE CLUB EO? ,.- ., PUBLISH 912.29* 74.34 74.34* 2,875.77 2,875.77* 885.50 885.50 1.,771..00* 1.8,347.05 1.8,347.05* 50.64 50.64* 40.00 40.00* 60.00 25.00 85.00* 29.50 29.50* 78.00 78.00* 1.2.32 1.0.66 403.36 470.61. 1.45.85 2,051.. 89 68.27 1.,265.78 4,428.74* 528.00 528.00* 27.52 27.52* 81.2.50 81.2.50* 41.. 77 41..77* 1..39 6.87 1.6.87 25.13* 2,010.00 2,01.0.00* 8,600.00 8,600.00* 386.88 386.88* 1.7.04 17.04* 1.8.00 1.8.00* 43.00 43.00* 49.95 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH 8H JH COUNCIL REGISTER VENDOR FARMINGTON INDEPENDENT <*> FARMINGTON PRINTING INC <*> FARMINGTON-SELECT ACCOUNT, CIT <*> FEDERAL EXPRESS <*> FEDERAL RESERVE BANK <*> FEED-RITE CONTROLS INC <*> FERRELL GAS PRODUCTS CO <*> FINSTUEN, KAREN <*> FIRE INSTRUCTORS ASSN OF MINNE <*> FIRST NATIONAL BANK OF FARMING <*> FITZPATRICK, ADAM <*> FLEXIBLE PIPE TOOL CO <*> FRITZ COMPANY INC <*> FRONTIER COMMUNICATIONS <*> GARTNER REFRIGERATION & MFG IN <*> GATEWAY 2000 MAJOR ACCOu~TS IN <*> GENERAL OFFICE PRODUCT::; '~JMP.Z>.N <*> GERSTER JEWELERS <*> GOLDEN VALLEY, CITY OF <*> GOPHER SIGN CO ACTIVITY COUNTY ROAD 31 GEN ACCOUNTING PARK IMPROVEMENT PERSONNEL PLANNING/ZONING WATER UTILITY ADMINISTRATION COMMUNICATIONS ENGINEERING SERV HRA/ECONOMIC DEV SENIOR CITIZEN GENERAL FUND ADMINISTRATION GENERAL FUND WATER UTILITY ICE ARENA 02-0CT-1997 (14:06) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM PRINT & PUBLISH PRINT & PUBLISH SPEC ACT SUPPL PRINT & PUBLISH PRINT & PUBLISH PRINT & PUBLISH OFF & PAPER SUPP PRINT & PUBLISH OPER MAT & SUPPL PRINT & PUBLISH PRINT & PUBLISH SELECT-PRETAX SCHOOL & CONF SAVINGS BONDS PROF SERVICES OPER MAT & SUPPL ADMINISTRATION TRANSPORT COSTS LEGISLATIVE CTRL OFF & PAPER SUPP FIRE SERVICES GENERAL FUND SCHOOL & CONF SEWER OPEATIONS ENGINEERING SERV OPER MAT & SUPPL STATE TAX WITHHO LIQUOR ADMINISTRATION COMM DEVELOP ICE ARENA LIQUOR SEWER OPEATIONS SOLID WASTE WATER UTILITY ICE ARENA SENIOR CITIZEN EQUIP MAINT/RENT OPER MAT & SUPPL UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES PROF SERVICES MISC OFF & FURN Senior Center ENGINEERING SERV MIse ::;PF & FURN 00;;;0 "1AT & SUPPL PAYROLL STREET MAINT c::r-:..:'- "- CONF SPO::: --- SUPPL 300.00 10.80 125.00 32.50 35.10 100.00 653.35* 261.62 733.64 31.95 11.81 104.37 1,143.39* 1,005.80 1,005.80* 19.00 19.00* 25.00 25.00* 846.72 846.72* 50.33 50.33* 5.58 40.26 45.84* 37.28 37.28* 3,474.02 3,474.02* 66.93 66.93* 1,599.62 1,599.62* 1,476.24 1,476.24* 2,017.49 30.53 30.53 292.60 267.71 30.53 42.27 2,711.66* 561.27 561.27* 2,887.23 2,887.23* 345.85 345.85* 5.00 5.00* 10.00 10.00* 191.48 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH CH JR ~)H COUNCIL REGISTER VENDOR 02-0CT-1997 (14:06) <*> -------------------------------------------------------------------------------------------------.----------------------- ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM GOPHER STATE ONE-CALL INC <*> GRANNIS & GRANNIS P.A. <*> GREG LARSON SPORTS INC <*> GRIGGS COOPER & CO <*> HEALTH PARTNERS <*> HYDRO SUPPLY CO <*> ICMA CONFERENCE REGISTRATION <*> ICMA RETIREMENT TRUST-457 <*> IKON CAPITAL <*> INDEPENDENT BLACK DIRT CO INC <*> INSPECTRON INC <*> J & T LIGHTING*RECYCLING <*> JEFF BELZER'S CHEV/DODGE <*> JIM HATCH SALES CO <*> JIRIK SOD FARMS INC <*> JOHNSON BROTHERS LIQUOR COMPAN <*> KAHLER INN & SUITES <*> KOCH MATERIALS COMPANY <*> KREMER SPRING & ALIGNMENT :NC <*> KWIK TRIP 191.48* SEWER OPEATIONS PROF SERVICES 224.88 OH WATER UTILITY PROF SERVICES 224.87 OH 449.75* ADMINISTRATION PROF SERVICES 218.50 OH ARENA TEAM ROOM PROF SERVICES 228.00 OH BUILDING INSPECT PROF SERVICES 19.00 OH ENGINEERING SERV PROF SERVICES 266.00 OH GEN ACCOUNTING PROF SERVICES 19.00 OH LEGISLATIVE CTRL PROF SERVICES 651.50 OH PERSONNEL PROF SERVICES 76.00 OH PLANNING/ZONING PROF SERVICES 495.50 OH POLICE ADMIN PROF SERVICES 4,020.20 OH 5,993.70* Recreation prog OPER MAT & SUPPL 98.10 OH 98.10* LIQUOR MERCH FOR RESALE 6,988.97 OH 6,988.97* GENERAL FUND MEDICAL INS 21,420.50 OH 21,420.50* WATER UTILITY SALES 277.43 OH 277.43* ADMINISTRATION SCHOOL & CONF 523.00 OH 523.00* GENERAL FUND ICMA 2,928.90 OH 2,928.90* ADMINISTRATION EQUIP MAINT/RENT 287.89 OH 287.89* WATER UTILITY OPER MAT & SUPPL 40.00 OH 40.00* BUILDING INSPCT PROF SERVICES 2,520.00 OH 2,520.00* BUILDING MAINT OPER MAT & SUPPL 53.40 OH 53.40* PUBL SAFE PRGM TRANSPORT COSTS 508.01 OH 508.01* STREET MAINT EQUIP MAINT/RENT 57.51 OH 57.51* PARK MAINT OPER MAT & SUPPL 2.40 OH 2.40* LIQUOR MERCH FOR RESALE 11,653.19 OH 11,653.19* FIRE SERVICES SCHOOL & CONF 224.40 .JH 224.40* STREET MAl NT OPER MAT & SUPPL 94.65 :H 94.65* STREET MAINT EQUIP MAINT/RENT 293.67 :'h 293.67* BUILDING INSPCT TRANSPORT COSTS 31. 18 FIRE SERVICES TRANSPORT COSTS 13 .36 .H FLEET MAINT SERV TRANSPORT COSTS 52.16 'H INVESTIGATION TRANSPOR.T COSTS 215.96 PARK MAINT TRANSt'OPT COSTS 384.27 -; PATROL SERVICES TRANS?',PT COSTS -51.49 SEWER OPEATIONS TRANSpr,PT COSTS 52.32 .. COUNCIL REGISTER VENDOR KWIK TRIP <*> LAB SAFETY SUPPLY INC <*> LAKEVILLE, CITY OF <*> LAMPERTS <*> LARSON, LENA <*> LAW ENFORCEMENT LABOR SERVICES <*> LAWSON PRODUCTS INC <*> LEAGUE OF MINNESOTA CITIES INS <*> LEHMANN FARMS INC <*> LEONARD J MAGERER CO <*> LOCAL GVMT INFO SYSTEMS ASSN. <*> MACQUEEN EQUIPMENT <*> MANDERS DIESEL REPAIR INC <*> MAYHEW, SHEILA <*> MC NAMARA CONTRACTING INC. <*> MCALLISTER CONSTRUCTION <*> MEDICA <*> METROPOLITAN COUNCIL <*> METROPOLITAN COUNCIL ENVIORNME <*> MINNESOTA AFSCME COUNCIL #14 <*> MINNESOTA BENEFIT ASSOCIATION <*> MINNESOTA DEPARTMENT OF REVENU <*> MINNESOTA PIPE AND EQUIPMEN~ <*> MINNESOTA RECREATION & PAF!' .'. <*> MINNESOTA UC FUND 02-0CT-1997 (14: 06) ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM SOLID WASTE TRANSPORT COSTS -28.25 OH STREET MAINT EQUIP MAINT/RENT 401.16 OH WATER UTILITY EQUIP MAINT/RENT -0.02 OH 1,070.65* FIRE SERVICES OPER EQUI P PURCH 243.86 OH 243.86* FIRE SERVICES PROF SERVICES 1,396.59 OH PATROL SERVICES PROF SERVICES 2,905.00 OH Recreation prog OPER MAT & SUPPL 67.88 OH 4,369.47* STREET MAINT OPER MAT & SUPPL 12.81 OH 12.81* SOLID WASTE EQUIP MAINT/RENT 11.78 OH 11.78* GENERAL FUND LELS UNION DUES 264.00 OH 264.00* STREET MAINT EQUIP MAINT/RENT 102.03 OH 102.03* EMPLOYEE EXPENSE PAYROLL EXPENSES 10,791.00 OH 10,791.00* LIQUOR MERCH FOR RESALE 213.65 OH 213.65* ICE ARENA OPER MAT & SUPPL 61. 25 OH 61.25* GENERAL FUND ACCOUNTS PAYABLE 1,586.19 OH 1,586.19* SOLID WASTE EQUIP MAINT/RENT 310.07 OH STREET MAINT EQUIP MAINT/RENT 291.55 OH 601.62* SOLID WASTE EQUIP MAINT/RENT 207.36 OH 207.36* ADMINISTRATION TRANSPORT COSTS 28.84 OH 28.84* STREET MAINT OPER MAT & SUPPL 149.00 OH 149.00* ESCROW FUND ESCROWS PAYABLE 1,500.00 OH 1,500.00* GENERAL FUND MEDICAL INS 12,532.60 OH 12,532.60* SEWER OPERATIONS S.A.C. CHARGE 20,691.00 OH 20,691. 00* SEWER OPEATIONS MCES FEES 33,542.00 OH 33,542.00* GENERAL FUND AFSCME UNION DUE 765.11 OH 765.11* GENERAL FUND MBA/MN BENEFITS 278.73 'JH 278.73* LIQUOR STORE SALES TAX PAYABL 11,511.00 ::JH SOLID WASTE SALES T.2\X PAYABL 3,619.00 ')f--i 15,130.00* WATER UTILITY OPER MAT & SUPPL 186.34 '. 186.34* Recreation prog OPER MAT & SUPPL 150.00 150.00* PERSONNEL MISe 11.40 COUNCIL REGISTER VENDOR ACTIVITY 02-0CT-1997 (14: 06) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM <*> --------------------------------------------------------------------------------------------------------------------- MINNESOTA, STATE OF <*> MN - LICENSING DIVISION, STATE <*> MN DEPARTMENT OF HEALTH <*> MORE 4 <*> MOTOR PARTS SERVICE CO INC <*> MULTIMEDIA DISTRIBUTORS <*> MURNAN, BLAKE <*> MVTL LABORATORIES INC <*> NAPA <*> NATIONAL FIRE PROTECTION ASSN. <*> NEILEN, DALE <*> NORTHERN STATES POWER COMPANY <*> NORTHLAND CHEMICAL CORP <*> NORTHSTAR REPRO PRODUCTS INC <*> NRG ENERGY INC <*> ~TFC CAPITAL CORPORATION <*> ;FFICE MAX <*> )LD DOMINION BRUSH CO. FIRE SERVICES ICE ARENA LIBRARY SERVICES STREET MAINT ADMINISTRATION WATER UTILITY EQUIP MAINT/RENT PROF SERVICES PROF SERVICES DUES & SUBSCRIP DUES & SUBSCRIP USER FEES ICE ARENA OPER MAT & SUPPL POLICE ADMIN OPER MAT & SUPPL RECREATION PROGR SPEC ACT SUPPL Recreation Prog OPER MAT & SUPPL SWIMMING POOL OPER MAT & SUPPL Senior Center OPER MAT & SUPPL PARK MAINT PATROL SERVICES SEWER OPEATIONS SOLID WASTE POLICE ADMIN OPER MAT & SUPPL TRANSPORT COSTS EQUIP MAINT/RENT EQUIP MAINT/RENT OPER MAT & SUPPL SEWER OPERATIONS USER FEES PROF SERVICES WATER UTILITY FIRE SERVICES TRANSPORT COSTS FLEET MAINT SERV OPER MAT & SUPPL INVESTIGATION TRANSPORT COSTS PARK MAINT TRANSPORT COSTS SOLID WASTE EQUIP MAINT/RENT STREET MAINT EQUIP MAINT/RENT FIRE SERVICES DUES & SUBSCRIP SEWER OPERATIONS USER FEES BUILDING MAINT EMERG MGMT SERV SEWER OPEATIONS SIGNAL MAINT SOLID WASTE UTILITIES EQUIP MAINT/RENT UTILITIES PROF SERVICES OPER MAT ~ SUPPL ENGINEERING SERV OFF ~ ?A?ER SUPP PROF :::"P', :C::ES SOLID WASTE ADMINISTRATION FIRE SERVICES STREET MAINT UTIL:-:-:" , OPEE PURCH EQUE ..' ::T'RENT 11.40* 10.00 10.00 10.00 10.00 40.00* 10.00 10.00* 3,675.00 3,675.00* 5.63 88.48 27.57 28.14 7.33 10.23 167.38* 69.14 53.84 8.81 9.53 141.32* 240.82 240.82* 24.52 24.52* 42.00 42.00* 11. 65 49.81 4.29 301.68 28.20 143.26 538.89* 95.00 95.00* 23.50 23.50* 11.44 6.28 73.42 2,899.10 2,990.24* 47.66 47.66* 128.69 128.69* 1,433.10 1,433.10* 422.91 422.91* 489.82 489.82* 905.70 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH ~~ COUNCIL REGISTER VENDOR <*> OLD LOG THEATRE <*> OLSON, DAVID L <*> PARK SUPPLY INC <*> PAYTON WRIGHT FORD <*> PEOPLES NATURAL GAS <*> PEPSI COLA COMPANY <*> PETERSON SEED COMPANY INC <*> PH FEELY & SON CO <*> PHILLIPS WINE AND SPIRITS INC <*> PIONEER DEVELOPMENT <*> PIPE SERVICES CORP. <*> POLFUS IMPLEMENT AT ROSEMOUNT <*> PRECISION DESIGN SYSTEMS INC <*> PRINT MATE <*> PUBLIC EMPLOYEES RETIREMENT AS <*> QUALITY DRIVE AWAY <*> QUALITY WINE AND SPIRITS CO <*> RDO EQUIPMENT <*> ~EGENSCHEID, JERRY <*> ~ENT 'N' SAVE PROTABLE SERVICE <*> CSVELS, KEITH <*> ='3ID HITCH INCORPORATED ACTIVITY Senior Center 02-0CT-1997 (14 :06) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM SENIOR CITIZEN COMM DEVELOPMENT TRANSPORT COSTS OPER MAT & SUPPL PUBL SAFE PRGM BUILDING MAINT HRA/ECONOMIC DEV ICE ARENA LIBRARY SERVICES LIQUOR SENIOR CITIZEN SNOW REMOVAL SOLID WASTE SWIMMING POOL WATER UTILITY LIQUOR Recreation prog PARK MAINT PARK MAINT LIQUOR EQUIP MAINT/RENT VEHICLE PURCHASE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES MERCH FOR RESALE OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL SEWER OPERATIONS USER FEES MERCH FOR RESALE SEWER OPEATIONS PROF SERVICES PARK MAINT OPER MAT & SUPPL LIQUOR TREE MAINTENANCE OPER MAT & SUPPL OPER MAT & SUPPL GENERAL FUND PUBL SAFE PRGM LIQUOR PERA VEHICLE PURCHASE MERCH FOR RESALE STREET MAINT EQUIP MAINT'RENT TREE MAINTENANCE SPEC ACT SUPPL PARK MAINT SEWER OPERATIONS USER FEES PROF ~<op- . -E:S STREET MAINT Recreation prog OPER MA. , ~UPPL EQUIP ',,~; ,..- ?ENT 905.70* 615.00 615.00* 87.86 87,86* 15.04 15.04* 20,082.00 20,082.00* 345.52 14.14 147.12 14.55 26.01 61.46 26.06 23.35 1,126.22 11. 89 1,796.32* 317.45 35.00 352.45* 1,171.50 1,171.50* 116.23 116.23* 5,841.40 5,841.40* 20.88 20.88* 1,656.25 1,656.25* 394.89 394.89* 94.40 94.40* 80.00 80.00* 8,077.51 8,077.51* 475.00 475.00* 1,318.23 1,318.23* 87.05 962.00 1,049.05* 0.55 0.55* 254.54 254.54* 62.00 62.00* 284.18 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OR OH OH OH OH OR OR OR OR OR OR OR COUNCIL REGISTER VENDOR 02-0CT-1997 (14:06) ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM <*> ------------------------------------------------------------------------------------------------------------------------ OH ROAD-MAT USA INC <*> ROADRUNNER TRANSPORTATION INC <*> ROLAND, ROBIN <*> SAFETY-KLEEN <*> SAUBER PLUMBING & HEATING CO. <*> SHEFCHIK, TONI <*> SILENT KNIGHT SECURITY SYSTEMS <*> SIMON, ANDREW <*> SKB ENVIRONMENTAL INC <*> SMART COMPUTING <*> SMICK, LEE <*> SNYDER APPRAISALS <*> SOUTH METRO RENTAL INC <*> ST CROIX COUNTY <*> STAR TRIBUNE <*> STARR AUTOMOTIVE <*> STATE CAPITOL CREDIT UNION <*> STERLING CODIFIERS INC <*> SWEDIN, ROSEMARY <*> T.E.A.M. INC <*> THISWEEK NEWSPAPERS <*> TOLL GAS AND WELDING SUPPLY <*> TRANS ALARM INC <*> 'JNITED WAY FUND OF ST. PAUL MF <*> ;~ITOG RENTAL SERVICES STREET MAINT OPER MAT & SUPPL LARCH STREET PERSONNEL PROF SERVICES PROF SERVICES ADMINISTRATION GEN ACCOUNTING SCHOOL & CONF TRANSPORT COSTS FLEET MAINT SERV PROF SERVICES ENGINEERING SERV PROF SERVICES POLICE ADMIN OPER MAT & SUPPL IDEA SCHOOL PROF SERVICES LIBRARY SERVICES PROF SERVICES SEWER OPERATIONS USER FEES SOLID WASTE PROF SERVICES LIQUOR DUES & SUBSCRIP PLANNING/ZONING DUES & SUBSCRIP COUNTY ROAD 31 PROF SERVICES STREET MAINT EQUIP MAINT/RENT GENERAL FUND CHILD SUPPORT PERSONNEL PRINT & PUBLISH FIRE SERVICES TRANSPORT COSTS GENERAL FUND ST CREDIT UNION ADMINISTRATION PRINT & PUBLISH GEN ACCOUNTING TRANSPORT COSTS PERSONNEL PROF SERVICES PERSONNEL PRINT & PUBLISH SOLID WASTE OPER MAT & SUPPL ICE ARENA PROF SERVICES GENERAL FUND UNITED WAY FLEET MAINT SERV OPER MAT A .~"PPL SOLID WASTE OPER MAT >- '"}PPL STREET MAINT OPER MAT >- ;-:PPL 284.18* 46.86 46.86* 118.85 43.80 162.65* 40.00 176.40 216.40* 163.98 163.98* 2,116.56 2,116.56* 25.99 25.99* 79.88 191.70 271. 58* 44.39 44.39* 258.00 258.00* 48.00 48.00* 420.00 420.00* 700.00 700.00* 54.52 54.52* 152.51 152.51* 745.30 745.30* 269.11 269.11* 1,501.07 1,501.07* 136.50 136.50* 32.86 32.86* 1,092.00 1,092.00* 348.62 348.62* 5.58 5.58* 97.30 97.30* 29.00 29.00* 30.03 90.11 165.18 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH DH (-)~ .:)~ o:-.t COUNCIL REGISTER VENDOR ACTIVITY UNITOG RENTAL SERVICES WATER UTILITY <*> UNIVERSITY OF MN Recreation prog <*> US WEST COMMUNICATIONS GEN ACCOUNTING MIS <*> W W GRAINGER INC SEWER OPEATIONS <*> WACKER, JEROME INVESTIGATION <*> WALSH, PAUL AND MARY PARK MAINT <*> WALTON, MARILYN POLICE ADMIN <*> 02-0CT-1997 (14:06) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM p OPER MAT & SUPPL OPER MAT & SUPPL UTILITIES UTILITIES OPER MAT & SUPPL OPER MAT & SUPPL EQUIP MAINT/RENT OPER MAT & SUPPL Swimming Pool Re BLDG IMPROVEMENT EQUIP MAINT/RENT WANZEK CONSTRUCTION, INC. <*> WEST WELD SUPPLY CO STREET MAINT SEWER OPERATIONS USER FEES <*> WINDWOOD HOMES <*> APPROVALS: Ristow Cordes Fitch Gamer Strachan 15.01 300.33* 138.50 138.50* 229.67 229.67 459.34* 58.17 58.17* 148.34 148.34* 180.00 180.00* 25.99 25.99* 54,585.00 54,585.00* 18.32 18.32* 25.55 25.55* 486,296.08* OH OH OH OH OH OH OH OH OH OH OH <*> TO: Mayor, Councilmembers, City Administrator ~ 0 Lee Smick, \ y Planning Coordinator -" FROM: SUBJECT: Rezoning of201 Fourth Street DATE: October 6, 1997 INTRODUCTION The lot at 201 Fourth Street is proposed to be rezoned from R-3 to R-2 in order to make the property a buildable lot for a single-family dwelling. DISCUSSION The lot at 201 Fourth Street is currently zoned R-3 and consists of7,597 square feet. The property is currently for sale as a tax forfeited lot and a number of inquires have been received by the Planning Division concerning the status of the lot. The minimum size for an R-3 lot is 10,000 square feet making the lot unbui1dab1e with this current zoning and an existing sewer easement crosses through the center of the lot. If the lot was rezoned to R-2, the minimum lot size requirement of 6,000 square feet would be sufficient to make the lot buildable. The surrounding zoning includes R-3 to the west, east and south and the R-2 zone is located across Main Street to the north. Rezoning the lot to R-2 would be compatible with the surrounding character ofthe neighborhood, since most of the adjacent structures are single-family homes. Two issues which must be addressed with the site include the following: . A gasoline service station previously existed on the site, but was razed and the underground tanks were removed in 1986. The gas station was demolished in the 70's and no testing for soil contamination was required at the time, therefore, the performance of a soil inspection test is needed. A soil test was recently conducted on the site on September 23rd, however, lab results are still pending. . A utility easement runs along the south side of the property and connects to the main sewer line along Main Street. A sewer stub exists for the house located at 209 Fourth Street on the south side of the property. At the time that Fourth Street was reconstructed, the owner at 209 Fourth Street did not want to pay for reconnection ~ 001 Citlj of FarminfJ.ton 325 Oak Street. FarminfJton] MN 55024 · (612) 463-7111 · Falf (612) 463-2591 charges when it wasn't necessary, stating that when the lot at 201 Fourth Street was developed, the owner would abandon the sewer easement if the new owners would pay for the reconnection charge. Along with a number of inquiries into the site, the HRA is considering this site as a possible location to move the Roger Randell home which was formerly located adjacent to East Farmington. At this time, Mr. Randell is reviewing the site and has not determined whether the site is the most feasible site on which to move the house. The Planning Commission reviewed the rezoning at the September 23rd meeting and determined that the rezoning might be considered a spot zoning because only one lot in the block would be rezoned. The owner at 209 Fourth Street, to the south of the proposed property, has shown an interest in having her property rezoned to R-2 from R-3. The Planning Commission closed the public hearing for the rezoning and recommended that City Staff review adjacent property surrounding 201 Fourth Street to determine ifit would be feasible to rezone a larger area than the one lot to insure that spot zoning does not occur. City procedure states that if a recommendation is made by the Planning Commission at a public hearing, the City Council may take action on the amendment and may adopt the amendment with a required four-fifths (4/5) passage from the City Council. The City Attorney has reviewed the rezoning and has determined that no problems exist with the proposal. ACTION REQUIRED Approve the rezoning of201 Fourth Street from R-3 to R-2 and recommend a study of the surrounding area to be conducted by City staff for purposes of determining whether the area being rezoned should be expanded. Respectfully submitted, --/ (. ~ -~C~~ ..../ Lee Smick, AICP Planning Coordinator cc: Adjoining Property Owners Jl[J ! - --1-- -So'T- un [JJ ~ ~ F 0 u r t h S t r e e t trl ! cD ~ I ~ :3 -. I - I I .... ~ ~ ~ r.n r.n I - ~ ~ N 0= .-. ..., ..., (D \ ' ' (D ! I (D ! i (D .-. F 1 f t h S t r e e t ~ I N "+~ ======_lr~=]II[ ][[ S~~~~~ui~~~Ornrnrn>>~ --.. ~ I ' ; i -:- _I ;, >~~WN-~ ~N-_wN-N- -.~ ~ ~ I N ~ ! ' l ' \ . - (j) :0 ~ ,1) -< ~ I N ~: I N == I N ~ I N N o .... - ~ ... - ~ CJ) ,... - " (1) tD ~ ;0 (D N o - ~ -- - - u: .~ 1J ! \ t: TO: Mayor. Councilmembers, City Administrator ;:?,L I FROM: Lee M. Mann. P .E.. Director of Public Works/City Engineer SUBJECT: Main Street III Study Results DATE: October 6. 1997 INTRODUCTION The Council has requested that an Inflow and Infiltration Study be performed for the sanitary sewer in Main Street. The purpose of the study would be to identify any cost savings that could be realized in fees to the Met Council if the III were eliminated in the system. DISCUSSION The results of the study (attached) indicate that there is a potential cost savings in sewer fees of between $11,600 and $14,500 per year if the projected III is eliminated by reconstructing the sewer. Based on an estimated construction cost of $91,600 for the mainline sewer in Main Street, the payback for replacing the sewer is 8 to 10 years. As stated in the study, it is estimated that within five years the maintenance costs of this sewer line could go up substantially, therefore there are other potential cost savings that could be realized by replacing this sewer. The replacement of the sewer line in Main Street would need to be done in conjunction with ~he reconstruction of Main Street as identified in the previously submitted Main Street Feasibilty Study. RECOMMENDATION This memo is submitted for information and discussion. Respectfully submitted, ~Jn~ Lee M. Mann. P .E. Director of Public Works/City Engineer cc: file Citlj of FarminfJ.ton 325 Oak Street · FarminfJton] MN 55024 · (612) 463-7111 · Falf (612) 463-2591 Memo .11. Bonestroo ~ Rosene -=- Anderlik & 1\]1 Associates Engineers & Architects . Project Name: Main Street Reconstruction Client: City of Farmington To: Lee Mann, City Engineer From: Fred Stenberg :JfiJJ File No: 14180 Date: October 1, 1997 Re: Evaluation of Main Street Sanitary Sewer, Infiltration/Inflow Analysis Executive Summary Evaluation of the Main Street sanitary sewer shows that the pipe has significant infiltration/inflow (1/1) and structural defects. The a-inch diameter VCP or vitrified clay sewer should be replaced as part of the street and utility reconstruction work. There are two reasons to expedite the replacement of the Main Street sanitary sewer. First, the existing clay pipe is significantly defective. The pipe's present condition indicates the need for major repairs in the next five- (5) years to avoid pipe collapses and/or the need for emergency repairs. The sewer pipe will suffer accelerated deterioration if it is not repaired or replaced along with street and utility work. Construction work above and around the sewer will force existing fractures and cracks to spread with increased loading and vibrations. Secondly, the sewer has significant background and seasonal 1/1 problems and sources. These 1/1 problems, which would be eliminated by pipe replacement, have the ability to provide a 8 to 10 year payback on the MCES sewer service charge cost savings. The estimated cost for the main line sanitary sewer replacement of about $ 91,600 will be offset by an estimated $ 11,600 to 14,500 annual saving in MCES wastewater charges. Evaluation/Discussion The Main Street Sanitary Sewer was inspected with a closed circuit television camera this last summer. The inspection revealed numerous structural and 1/1 problems. The overall condition of the existing 8-inch VCP sewer is poor. The open pipe joints, pipe fractures and cracks enable high groundwater to enter the sewerline during seasonal flooding of the Vermillion River. Sources of background 1/1 were also found which could be removed if the sewer is replaced with a new PVC sewer. The existing 2,290 feet of 8-inch clay sewer has numerous structural problems. Overall, most pipe joints are partially open due to the pipe sections moving and shifting over time. This has caused the pipe sections to develop serious pipe fractures and cracking at and around the joints. There are 12 locations with pipe fractures with missing pieces, over 50 fractured pipes and over 200 places where pipe cracks have developed. Pipe cracks become pipe fractures with time an pipe fractures lead to pipe collapses or cave-ins. Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36. St. Paul, MN 55113. Phone: 612-636-4600. Fax: 612-636-1311 Memo . fl. Bonestroo e Rosene ~ Anderlik & . \J. Assodates EngJnHn & ArchheclS Any heavy construction work, in and around the existing sewer, should cause the defects to accelerate. Therefore, we do not recommend street and utility construction without pipe repair and/or replacement . In addition to the defects mentioned, several pipe sections have begun to sag and deflect. Many sewer sections have standing water due to these sags and flow backup, at the connection to the 15-inch trunk sewer on Fourth Street. Infiltrationlinflow (III) sources were found in this inspection. Five sewer service connections had leaks, most pipe joints were slightly open and two manholes had improper covers. The estimated background III in this sewer is about 3.15 million gallons per year. The III will vary with respect to the amount of rain fall and snowmelt. In addition to background III, there is evidence of significant seasonal II!. Seasonal III will be from high groundwater levels, which are directly related to the seasonal, flooding levels of the Vermillion River. When groundwater levels rise, they go above the elevation of about 1,300 feet of the existing sewer. The sewer will then "drain in" the high groundwater through the open joints cracks and pipe fractures. This flooding period is estimated to vary from 15 to 30 days per year. The estimated amount of III is from 5.2 to 10.4 millions gallons per year. Removal of these III sources can be accomplished with replacement of the existing clay sewer with PVC pipe. The total estimated 1/1 reduction is 8.4 to 10.5 million gallons per year. This will vary with respect to seasonal river flooding, rainfall and snowmelt. Cost Savings The estimated cost savings from III removal will be about $ 1,380 per million gallons per year. This is based on MCES's wastewater charges. The estimated savings in wastewater charges is $ 11,600 to 14,500 per year. Assuming an estimated cost of about $ 91,600 to replace the main line sanitary sewer, it is assumed that the III savings can help pay for the sewer replacement. The estimated payback period for the cost of sewer replacement is from 8 to 10 years, assuming an interest rate of 6.0% for the cost of the project money. Conclusions It is highly recommended that the existing Main Street sanitary sewer be replaced as part of the Main Street Reconstruction project. The sewer is in poor structural condition and will be in need of significant repair work over the next five years, if not replaced. The heavy construction work would further deteriorate the sewer, if the sewer were not replaced with the Main Street Reconstruction Project. Infiltration/inflow (III) which can be eliminated from the sewer has a 8 to 10 year payback period, based on estimated savings in MCES wastewater charges. Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36. St. Paul, MN 55113. Phone: 612-636-4600. Fax: 612-636-1311 le- TO: Mayor and Councilmembers FROM: John F. Erar. City Administrator SUBJECT: Code of Ethics - Status DATE: October 6, 1997 At the September 2, 1997 Council meeting, a draft Code of Ethics ordinance was prepared and introduced for Council review and discussion. DISCUSSION Upon consideration of the draft ordinance, it was determined that the ordinance would be reviewed by Council over the following 30 days, and would be brought back to the October 6, 1997 Council meeting for final disposition. At this time, Council will need to discuss whether to proceed with scheduling a Council workshop to discuss the ordinance in greater detail or to table the ordinance until further notice. One element of the ordinance, which has elicited some additional review by the City Attorney and myself, is Section VII referencing the potential removal of elected official(s) who may violate the provisions of the ordinance. It has been discussed that this language should be deleted as the legal mechanics associated with this provision could be questionable and may not be enforceable. The other issue that was discussed was financial disclosure requirements under State law. Attached is some additional information that may prove helpful in answering this question as it relates to requirements under the City's audit requirements and Minnesota Statutes. In conversations with League of Minnesota Cities' staff, it was identified that many cities have separate ordinances or requirements calling for disclosure of financial interests by public officials regardless of whether that interest is currently in question. Disclosure of financial interests by public officials, elected and appointed, in many cities has become a routine requirement that serves to enhance the level of trust and integrity of the local unit of government. BUDGET IMP ACT None. Citlj of FarminfJ.ton 325 Oak Street · FarminfJton] MN 55024 · (612) 463-7111 · Falf (612) 463-2591 ACTION REQUESTED Council determination on the status of the proposed Code of Ethics ordinance through one of the following actions: 1) Schedule a Council Workshop to review the draft ordinance in greater detail and refine for final Council adoption. 2) Table the draft Code of Ethics ordinance until further notice. s~iY~tted' ;{:F. Erar I City Administrator Minnesota Statutes 1996, lOA.D7 http://www.revisor.leg.state.mn.us/st96/1DAlD7.html Minnesota Statutes 1996. Table of Chapters Table of contents for Chapter lOA 10A.07 Conflicts of interest. Subdivision 1. Disclosure of potential conflicts. A public official or a local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession, or occupation, shall take the following actions: (1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest; (2) deliver copies of the statement to the official's immediate superior, if any; and (3) if a member of the legislature or of the governing body of a metropolitan governmental unit, deliver a copy of the statement to the presiding officer of the body of service. If a potential conflict of interest presents itself and there is insufficient time to comply with clauses (1) to (3), the public or local official shall orally inform the superior or the official body of service or committee of the body of the potential conflict. Subd. 2. If the official is not a member of the legislature or of the governing body of a metropolitan governmental unit, the superior shall assign the matter, if possible, to another employee who does not have a potential conflict of in~erest. If there is no immediate superior, the official shall abstain, if possible, in a manner prescribed by the board from influence over the action or decision in question. If the official is a member of the legislature, the house of service may, at the member's request, excuse the member from taking part in the action or decision in question. If the official is not permitted or is otherwise unable to abstain from action in connection with the matter, the official shall file a statement describing the potential conflict and the action taken. A public official shall file the statement with the board and a local official shall file the statement with the governing body of the official's political subdivision. The statement must be filed within a week of the action taken. Subd. 3. Interest in contract; local officials. This section does not apply to a local official with respect to a matter governed by sections 471.87 and 471.88. HIST: 1974 :; 470 s 7; 1975 c 271 s 6; 1978 c 463 s 33; 1986 c 444; 1990 c 608 art 2 s 1 Copyright 1996 by the Office of Revisor of Statutes, State of Minnesota. j 011 9/30/97 2:27 PM Minnesota Statutes 1996. 412.311 http://www.revisor.leg.state.mn.us/st96/412/311.html Minnesota Statutes 1996, Table of Chapters Table of contents for Chapter 412 412.311 Contracts. Except as provided in sections 471.87 to 471.89, no member of a council shall be directly or indirectly interested in any contract made by the council. Whenever the amount of a contract for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the city is estimated to exceed the amount specified by section 471.345, subdivision 3, the contract shall be let to the lowest responsible bidder, after notice has been published once in the official newspaper at least ten days in advance of the last day for the submission of bids. If the amount of the contract exceeds $1,000, it shall be entered into only after compliance with section 471.345. HIST: 1949 c 119 s 38; 1951 c 378 s 11; 1951 c 379 s 5; 1953 c 735 s 5; 1957 c 429 s 1; 1965 c 175 s 1; 1973 c 123 art 2 s 1 subd 2; 1976 c 44 s 27; 1992 c 380 s 2 Copyright 1996 by the Office of Revisor of Statutes, State of Minnesota. 1 of 1 9/30/97 2:33 PM ---- "'-'" . I -- '-.....,J/ , ! .. c-........,_ I .- LETTER OF REPRESENT A nON To document: awareness of (and compliance with) Minnesota Stamte. Sectiou471.8 (Public . . Offices. Interest in Conner.. penalty) and related legislation. our auditors are requesting all elected officials. commission meraben. department heads and employees who may influence transactions of the City to sign this letre%'o We will retain this letter on file to document City awareness of (and compliance with) Minnesota Stamtes. Section 471.8 and related legislation. We have attaChed . excexpts of ~esora.Sta.tl1teS for your reference. . I have read the attached Minnesota Statutes, Section 471.87. 471.88. 471.881. 471.89,412.311 and 365.31. I understmJd that the term "contract" includes the purchase of goods and services. I hel'eby certify that during the preceding calendar year r have not vOlunrarily had a peI!onal financial interest in the sale, lease or contract of the City nor have I personally benefited from any such tranSaction. Signed Title Dare 7' r hereby certify that during the pteeeding calendar year I have (had) a personal financial interest in sale, lease antJIor contract of the City and/or have personally benefited financially from. such a transaction. The cUcuIIlSranccs and statutory exception (authority) for all such financial interest are described as follows: . . . Signed Tule Dare 1:;' 471.87 YOBLlC omc::E1tS.RfIEllEST IN CON'IRAC!; PENALTY. ',-' ~ as au:ihomcd insei::tio1\ 471.88, a public ~ who is ~".h~M to tBka put in any:nmnnerin mUm; my ~ kase. or c:cmaaam afficial capacity shall not'V"lmt1"ln'i'ly mm: a ~11i~l1d;U intCre:stin that ale, leas:. ~ COQImC:t ex ~ beDdt'ti-....."nyth=:fmm. Ev=ypublic: <lffic=r who -violms this . pmvisiouis pjlr.y of a llCII~vf~""'...nor: BiItory! 1911 c 319 Sl; i9jj c 41 s 1; 1986 c 444 , , 47L81 EXCEPTIONS . Subdmsion 1. C~ The ~bodyaiauypOl%amhm:ity. .....,.pmt~~. ecoIl~Q d=wlopmau ~th.,Pity. toM!, school disaict. hospital d.I.mict, county. or city, by 1Il'1ltft;mlI1IS TOtC. may CODtUlct for gcods or services with an ~ ofIicer oftbc gowmmeuW unit in any of the following cases. Subdivision 2. Balik or Savings Assodati~Q. In the ~gJUrtion af a bD1Ic or ~gs associ~tiOll in which tho o1IicI:t is i.nu:D:StCd as an alith<mTJ"-rl dcpo3iloq fot public; :funds anci as a scm:ee oi'botxtnring, IIO :resa::fc:ian shall app1:y to the deposit or bon'oWi.ng of anyfimds or th= de$ignalian of a dcposirmy by such aidlM4' or go1Il'!...ftt,.,.,,~ 1 m:Dt ill aIr! baDk or savW.p association in which a ::ucmber at. 1m :mtIw'i~ or aificr:r of a gcn-wm~f2.I UDir shall have uiIJteI=t if mch deposited:fimds ate~ in -"~ with cbaptm: 118; provided. ~ that aJrI n=nbef at ~ having such au in1cn:st shall dimV! that~ t4CDIbcr is a direc:tm' or c:mp1oy= ottho baDk: or SI'riDp IISJOciarinl1. w.bicb. disclcmue shall be entc=d upon t.m: mimm:s == authmity or &1oI'~' ....._!AI UDit,1UCh ~ shall be ~ whm sw:h bank or sav.ings as......miQl' is:tmt dcsigmnccl u a depositDly or as a so\U'CC ofbomnring. or wbca.such m=zber or ==- is c:!ec:tcd ~ is lam, and such. ~ sbal1 scm: as uoUca at. sa~md.;g.eed DOt be madewilh each ~ ~~..rinn '-.......-. s1Jbdi.vision 3. Omcial NeWlPaper. T1u: de$igmticm of an atJic:ial D6~ 01' ~ af. ofiicial maums th.etein, in which the atlieeris ~ whcn it is = 0Dly ~ complying with statDtOIy or clw: ~ ~ to the dellif"*rinn or pubtf('llfftm~ Subdivisioa 4. cooperative AssociatioD. A comr:ac:t with a coopemtive ~mI ofwhich. tbc of6c=r is a ~Idcr or stodtbo1tIM- but DOt an officer OX' tmm1\F. SubdivisiOll.5. COJdnd wi~ DO bl~ rcquiRd. A CODttaCtibr which eompetitiw bids are IIt)t xequimi by D. Subdivisioxt. 6. Co1l1ftCt with Volw1t.eer mre DepartmeDt. A contt:aet with a ~~iire dcpa11:aJat for tDc payxaa1C at ~,,,,rriQII to its 'ft'1f""hoon or fM ,the payme:nt af~ bc=fits to tbcso ...-.~ Subdirision 1. C4Du':1etrib. MmUcipal Bad. A co~wi1:h a ~ hm1!or the pa.ym&mt of ~Rd.o" UliU~ Subd.tvision 8- (bpc:I1M. 1992 c: 380 s 81; ,-.,,/ P2ge2 ai' )'.1.0 :: "- . SubdMsiou 9. linpo~ :Expon, Trade; Part Commission. Whm a port authcxUy CQm;missioDIlt at CCQlVlmic dc:veIopmcat aurhmitY anI:'''''~O%Icr is =sager! in Ol" employed by a:Btm engaged in t:h= busi:acss of . ~ oi-~rdDI or ~ uade. it shall be: l&"rizl:fcrthc ~"ft-t'Y to do business with the ~MOt1~ or tbe ~__~ c:mplgycr ~ tbaE in the jDing af aur %ZtCS aiTl:c:1iug shippc:lS or'USCIS aftbC ,-",..1 . .faci1iIy. said ~-"';mt_ s1JaU JUJt~ t11=coD. . . subdi'visit= 10. Import, J::qIGrt, Tnde; Sea1r'&Y Port. W11cu a s.a.way"part mtbodty e~~d('- is euppd inm ~ bya:fUm~r in tb.e busiDeSS ai ~ar~g or~ aade, it shall be IawJb1~ the I.l'rhnrity CO d.o busiDea with the ecnrrnimnner or the commissioucrs c:mplgy= ~ tbat in the biAg of any Uta dr:cting ~ at usc:a of_ ~in2l facility, said ......-""c.cit'ln= shall :uot1ab part in the dete=~.rinn a( excIlpC to ~. DOrl'OtC thc=)n. . . SubiiMsiorl'lL Buk!GaDS or trua'C 5Cn'ices. Whan & ~""'~fI!f' afany public housing. poet mtltnritY. or: ~ ~ aIltbority is employed b1 a ba1Jk cmpgt4inmatcing 1aau or~1'mil1g1n1St servi=S imo1'9iJZg n:al or pc:dOnal pzoperty stte=d by myplalL or such l2atJsiDg orpon audz,ority.1l0 ~ shall apply to such loaDS mada or trUSt sc:rvi= ~ed by said baDk if1:be ~.""'C)l'If'!I' shall disc;laso the =nne o:f$ucb. loans or rnsst.soniCCS ofwhi= ~ ~c"'^"w has pcaomd knowledge. w.bich disc1OS'wc sbal1 be c:nwcd l1Pm1 die m~ t1lsuch ""r~.. . Subdivisi= 12.. PopulUioll of 1,1)00 or less. Az.J. officer of a gov~numt - um.y eonuact with the UDit to p1VYidtJ ccmmudicm ~Mft:lIs or se.tVia:S. or bot!l, by $ClIlcd. bit pll:lCCSS if the m2it.baa a popuiatio11 of 1,000 or lea ~ to me lasE fedaBl CCII$US. 'I'11e atriccr may DOtvatC em D qudtlOl1 oft!le ccnuaa whIeA it COXDCS befmC the govemiDg body. fer cousi"'-riftn.. subdivisi.lm 13. Reu.t. A p~ officer Ul&:y te11t spa= ina pab1ic mc:ility at a DtC CQ~ with that '''-../ paUl by ~ m~~ atEho public. sgbd,Msiou 14. Loal deYelopment orpT'......ttOJl. (a) For tbc pu:IPOSGS o:f this subdivisiml: (1) '"locat ~ \AlV'..;'?d~ll" D1WIS a. housiD.g and 1Cdc:vdopmcDt authority. eccm~c ~ ~tity. UA'........;tt aaicm pro~ port audJmitr. orpli'Vata c:oa.m1ta:DC; and. (2) ..~1mit'" has~",,;"g givalinsection.47LS9, SDbdivisioJ1 L (b) When a l.oc:al ~ orp1".....tion rm"'.-- a tOm or gr3Dt-ptOgI3D1fDr il.1dMdual pmpc1'tY O'WDID wiIbin tile geop:aph~. bol,..till~ Of a ~"./Il!'Dt ~ by au. agremuem: euW'Cd i:J1fa bytbe I"n' ..In~ UZIit aDd_ local ~ 6tp..: u.rilW\, aaaffi=r aftbt: ~--UDi.t may apply for a 101m or g:amtfmm. the local ~ org;ft~~ lfm otfi=; app~fDr a loan or grant. me office 111DSt ctiscI.ostJ as part af~ official IDimdl!S of a pab1ic mecdq of tb.c ~tM mm that tU otfia:r has a.ppjiecl.:far a 10m or gnDt. Sabc:Ilvisiaa Jj. JraqdUse ~ Whma hmDe 1'I11e ch3ltcr or SW1ttDIY city SlId a udlily tmtet' imo a ~._ &Sl~ara~.!Ir till: prcrrisioJ1 oilJtilliy.mea to the city, a dtycmmc:i1 m~~wb.o is m empkIyee at tM1ItilitY is DOt ~ fzgm ~~I to ac:rve *' a c:i:ty cam1ICi1 JIlClIiber duriDCtbe 11=011 oftbe ~.~ or c=mM:t iftba caum:il D""'ber absta;i:asihms voting Q1l my offici31 a=cm. IelaUDgtD the fmDcbi5G ~ or c:cma:aer ami div''- me mcmbcts teaSQAmr ~fIrinD in the of8cial mim1tzS aft!IC c:auaci1 ~g. \....; ,.,/ Page 3 af5 . J.r "--' ." Subdivisimi 16. SchOOl iliscria. Notwitbstmdi>>g Subdivision S, a. school boa1d member rJ1Z/ be IlCWly employed. or may (X)'fttTnl1l1 to be employ=d by a school distdct as an employee: oo1y if ~ is a reascmable ..xp<<tation at tha bo~ of the 'fiscal year or at the time the coDlDCt is en==- into or ~~MI that the a;aJQunt to be camc:cl by that cDIkc UXIder~ ~ad: or employmmt m1ati"nchip will not c::a=d $5.000 m that t!scal year. Notwiihsau..4inr aecticm w.n or 125.11 or01be:r law. ifmo affiCer dacs 11O't x=eive ~fftft'QS appmval to c:oDtinuc m employmmt at a meo=g at which. all boazd ",..m~ am PrCscm. that cmploymalt is ""-....ri;~1'II!ly "-""4!!!1Uld lIlld that afficcr haS DO fultber iiaba to.emp1oymcnt whi1.c se:triDg as a. scbool board. membet in the d:imiCt . History: 1961 c OJ1 s 1: 196J c 806 s 1-4; 1969 c 261 i,' 1975 c /11m S s 7; 1977 c $5 or 1-3: 1918 c OJ1 or 1; 1979.c 10~ J: 1986 C 399 art 2 $ 38-40; 19M c 400 $ 38-40; 1986 c 444: lSpl986 c 3 art 2 s 41: 1991 c OJ s 1,2: 1992 c 380 s.7; 1992 c 522 of '12.43: 1993 c 224 tIJ1 I) s 43: 1996 c .rI71 art 7118 . ~71.8S1 EXCEnIONS; APPLICATION. 'The ~ provided in sectiau471.88 shall apply IJ.OtWilbsW't1'ngtb.c pwvisions at any other stature or . dty cbartcr. ' Bistory: 1961 c 18 of 1 471." CONT.RACt, WBENVOm. SubdiviJi,oD. 1. 1'~ followed. A. c:anttaCt made pmsuant to secdan 471.88, $llbdivisimL 5, is wid '-/ unl.esa the prcc:edur= pres:::nDed by ~ 2 aDd 3 is fol1owul.. Subdi'risiou 2. Resolutioa bYIOY'lmiDg body. :Ex=pt in an ~ makiJJg such prcr:.edmc ~~\e. tbD~bodyoftbc pet"ft'U!.utU UDit$hallavthMizetbc coDtI8Ctmadwz1ccofits pc:tbJ1"N"!~ by 8dQpUng a zaou.riem ~ am the ess=;1lI1 :&cts and. d~'f'9'Irin1'ftr that tha Cl)ftf'PlId price is as law 11$ or lowcrtbazL the pIicc atwbidl tb& et'ftn'PIl'Itf1ty or servica cculcl be obtaiaccl ~ III cue of an dlJe[lcmcy when die <:antn~ c:amuJt bet avm..mM m advance, pa:ymezlt of the d3ims shaD. be ~ by a. lib ~1nti"" in w!Iicb. the fac:rs oftbti ~ 8fO alio statad. Subdiv:ision 3. C1abDJ, aftIdaviis rsled. Bd)rc sw;:b. a claim is p3id.. the ~ officer shall:file with the cfaEk oftba ~ bodyanamdavit aiJI.g: . (a) ~ IIamIt Of_ aiB=t aDd tbo Office held by the a15:cr. (b) AA~ aftbo ~ndity ar services~'1Jv.4: (c) 'Ibo ~d:prio:; (d) '!'be IEIllIODIb1c Y8l1Il:; (e) no intr=St ofthc afiket in the: ~ aDd (f) 1'bat 10 me best of the otIlc='s kuDwJ,edp and. bclicfthe ~ -price is as low as. or low=: tba1I. the ' ptiGo u which the co-.uvftty or serric= ccu!cl be obcaDzA=d:from other .$OUJ'Cl';S. HistcM'y; 19SJ c 319 ~ So' J~ c 45 s~: 1967 c 12J 31.2: 1978 c: ~Sl J 3.3: 1986 c 444 ''''-.of''' Pagc40fS 8:18 :- ~ ~. .~ 412.3U CONmA<:rS.' ----. ~ as proYidc:cl in ~ 471.37 to 471.89. = l".....r- ofa coum:il shall be dinctly or indirectly . ~ i:a. any <:oDttaCtmD by tbo COUCl:iI. ~ 1M amcnm! of a CO'"-c:darthe pmcb:Bsc cf . merr-n5~. ft'ItIftI1Mllli or cquIpmaIC or for my.kWi af~ wmk 'W"d~lfMt by_ city is -=ttl'd to c:x=eri tb.c amoUnt ~M by secd.an 411.34'. subdivision3. t= ~ shall be ktto the lOMsuesP"\I,,,,~1f1: bidder.o d= Datice has beeIl pub1idu!d cmce in tba affida1 ~ at least 11m. day$ m ~ gfthc last d&yfor . . tl1c submi~tm ofbid.s. JftJJe. amaUDt aftb.t ~ct e:=:eeds Sl,ooo. it; shall be e=n:d imo 0l1l:y at=' CC'''lpH.1!~ with soctiaD. 471.345. . BlstofY: 19.49 c J19~'S8: 1951 cJ78 $11: 19511:319 $J: 1953 c 735 $ J: 1951 c429s I: 1965 c 175 s 1: j973 c 123 Dl't 2 $1 subd 2: 1976e 411127: J991.~J8031 '...... ..... ... 365.37 CONF.t.IC'tS,~, EKJrJl!QENCIES, PENALTY, BEMOV AL Suhdivision L NG COD1Iktsi ~iioD,s. Bxer:pt as pmvided in sec:tiaD.s 471.87 to 471.89, a saperrisor or town boaJd must not be a pany to. or be ciiIted:y or inciitCCtty ~GmCi in. a eo"'~:tD8de orpaymantvoU:d by tho 1aWII. boam. . . Subdi:vision 2. To lowest respoa.sib1e bidder. A contraCtJ.ct on bid must be let to the lo~~ bidd.cr. ,. Subcfivistou 3. Notice. l3d'aR a concract is .let OD. b~ ten ~ pnbHc notice of the ti.m= aDd place af l1:Cei~ bids must be JM:n. The. notice must be postl:d. m tba thIee most public places in the town or publish=l "--"' for two \WCk$.in a ~ ~ ciIcu1at.cd in the lO'M1. SubdivisioD. 4. Special ~ exceptiolL If a special emergency CQ:tdeS up. a cantraCC may be let witbout 1lOci.cc or CODIp"'titive bidding. A special emexgcncy is a simation ~ :iJl1."Miam actim1 cs$eft1ial to the bcaWl. $3ft:ty. 01' v.dfazc af~ tAwu.. Suhdivisi= S, VIolation; misdemeanor and removaL A cc:atr"d: made Ot~vou:d or made c:ommy to tbis section is wid. A tow:u officer who violatl=s this scr:ticm is guilty oi a m,isdem....,.,or ami must leave office. History: (1096) RL ~ 688: 1913 c 164 s J: J9'J c 74 s 1: 19$1 c: 379 s 4; 19'7 c 16 s 1: 1984 c; i62 s Ii: 1m c J693a..1SpJ985 c 10 art 2 311: 1987 t: 90s 3; 1981 c 1:19 tlI't8 31 \'. ~/ p,.pSaf5 CZd FROM: Mayor, Counci~bers. City Administrator "'//"l,./' I Lee M. Mann, P .E., Director of Public Works/City Engineer TO: SUBJECT: Ash Street Storm Sewer Analysis DATE: October 6, 1997 INTRODUCTION At the June 23, 1997, joint meeting between the City of Farmington, the Fair Board and Castle Rock Township that was held to discuss the fmancing of Ash Street, a storm sewer analysis based on hypothetical drainage areas was requested to be performed. The results of the analysis are per the attached letter and summarized in this memo. DISCUSSION At the meeting, drainage area calculations based on Fair Board and Castle Rock Township properties that would drain to the proposed storm sewer in Ash Street (as calculated from Dakota County contour maps), were disputed by officials from the Fair Board and Castle Rock. The Fair Board and Castle Rock felt that the drainage areas identified by the contour maps are not correct and are in fact much smaller, and therefore, their share of the storm sewer related costs should be reduced. City staff suggested that a survey could be done to verify the drainage areas, however the cost for a survey could be significant and would be the responsibility of the Fair Board and the Township. The Fair Board and the Township stated that they were not interested in having a survey done because of the cost involved. At this point the County Engineer suggested that a study be done using the drainage areas that the Fair Board and the Township felt were appropriate and see if the removal of some of the drainage areas provided a significant savings in the cost of the storm sewer. The premise was that if there were significant savings based on the assumed drainage areas, then the Fair board and Township might feel it was worth the cost to have a survey done to verify the drainage areas. It was agreed that Farmington would have it's consultant present a proposal for the study and if acceptable, all three parties would share in the cost. Subsequently, the proposal was offered and all parties agreed to share in the costs. The study has been completed and the results are presented in the attached letter. In the case of the Fair Board, the reduction in the drainage area would reduce the amount of flow into the system as outlined in the letter. The reduction however, is minimal compared to the total flow in the system and no reduction in costs would be anticipated. CitlJ. of Farmint)ton 325 Oak Street. Farmin9ton, MN 55024 · (612) 463-7111 · FaJ( (612) 463-2591 In the case of Castle Rock Township, the reduction of the drainage area would produce significant savings in the cost of the Prairie Waterway III. As the attached letter states however, based on the best available information, the area as outlined in the City's Stormwater Management Plan is real and therefore it is recommended that Pond PW-P1.8 (Prairie Waterway III) be built as planned. RECOMMENDATION That Council direct staff to coordinate a meeting between the City of Farmington, the Fair Board and Castle Rock Township to discuss the results of the study and the future of the Ash Street project. Respectfully submitted, ~m~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Fair Board Castle Rock Township Eugene Thurmes Jl1j -- 1\11 F,J"C?!~'CO. ilose""':? ':"""C:?,':I~ .,me .40(.5\.'(:"::'\ 1'1( _\ Y' 4.tl:,,~;.j(J~/(' Ad/on EqU~'f; ODporcu...,..r.\ Emph'\'(',' Bonestroo Rosene Anderlik & . Associates "~[:"Cfp.~/S One G =,:ne~poc "e . JC\t'[''"': ( ,-\~;H'! tl~ f'E . \1.~rvln L SorV.-lI~l re . RI(h("~C E Turnt'~ ~~ . ~:t:nn R COOk. i"'E . ih0m.\:l. f ~\l(\\'l'~ f""E. Robert G S(hUnh:hL DE . jerry A BourQor =-E . i\...::Jerr W R05L:,ne PE .-+nQ Sws.m M Eberlin. CP_A Senior Con~ult(lnB ASSOCl.lee P","C/=? 5 HC""...;Hd A Santora PE . jl;,t.'tth.A. GO! don, PE_ . Robert R. Pfefferle PE. . RIChitra '1./ Fosre:' =::. . ~clVld 0 LOSl-..ot..l. PE . Robert ( Russ.C'k. A.IA. . Mark A. Hanson, PE . Michael T Raut11":<':"1", PE . Ted K,Field. re. . Kenneth P. Anderson. PE. . Mark R Rolfs. P.E. . SIdney I' Wilha"',o". P.E.. l.S. . RoDell F Kol,mllh Offices. SI. Paul. ROChe'ter. WlIlma, and SI Cloud, MN . Mequon, WI Engineers & Architects September 12, 1997 Mr. John Erar City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 Re: Ash Street Storm Sewer Analysis Our File No. 14183 Dear Mr. Erar: We have reviewed the storm water conveyance system based on the assumed drainage areas provided by the Fair Board and Castle Rock Township. The 1997 SWMP assumes a total drainage area for Pond PW-P1.8 of 513 acres. Using the assumed drainage areas provided by the Fair Board and Castle Rock Township, the total drainage area of Pond PW-P1.8 drops to 277 acres. Fair Board: The reduction in the drainage area reduced the peak discharge from proposed Pond PW-Pl.2 to 1 cfs. The 1997 Surface Water Management Plan (SWMP) proposes a peak discharge of 5 cfs from Pond PW-P1.2. The 4 cfs reduction in peak discharge from Pond PW-P1.2 would not affect the size of the proposed storm sewer line along Ash Street and no reduction of costs would be available. The size of the drainage area to Pond PW -P 1.2 will effect the size and cost of constructing the downstream pond PW - P 1.8. Based on the available 2' contour information, it is recommended that the drainage area in the 1997 Surface Water Management Plan for pond PW-P1.2 be used as the basis for design. Castle Rock Township: The reduction in drainage area reduces the required storage volume for Pond PW- P1.8 and the amount of excavation required (72 acre-feet versus 116 acre-feet as proposed in the 1997 SWMP). The reduction in cost was estimated to be $284,000. This cost reduction is imaginary, however, because the disputed drainage from Castle Rock Township is real. We could not in good conscience design a pond that did not at least take into account existing drainage conditions. Based on industry standards, the runoff from land under agricultural production (existing conditions in Castle Rock Township) will be comparable to runoff from low density, single family residential (assumed future land use). Therefore, we recommend that Pond PW-P1.8 be built as planned in the 1997 Surface Water Management Plan. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOClA TES, INC. UQ~ Erik G. Peters cc: file Glenn Cook Lee Mann 2335 West Highway 36 · St. Paul, MN 55113-3898 · 612-636-4600 Bikeway Plan I I I ~._- . f"'--"--' I, t , t. . ! Ii i.. I- I! ~ l _n. ,__ ...___ ~ I i I I i i ........----.--...--..- .'~. '-_.jTCJ'~.T 'I' 'I I.~..._., Ij: i 1 ,--. !---..-.-----.-----.-. mjl L....... .,J 'ii Ii! -----..\,\.. .j---.---.--. ___u., -----,.. .".." lIL..-... ..--. ...--_." ..-.....-..-.-...-. "-1 \\ ili i r\\ IIrm.... .__""h"__' ..1 . ..-_. i .... i !.-. - ....-. ."-'-'-'~-'.' .t i -,\ ......-...--.!!! \\ . \'.. i !IL., \\ i !iLI \\ ! !I!-:J ...._.;__,__. "'__"{.,.'_'__'." ....l.i.- \\ i !H \\J, '" -, Jii ~\ Hi ""1-'\ ii! I \-'- 1:/ i \~~,lFT,1~jl[~H_ _ ... !._ '\\ !! '.\ il ~ \. ... ._._..".._l~..__.__.... ,. I i ._ J I"'" , I I \ \ \ ,\ \,', .- i\ I- . . .........i --.- .......... --IN 'T~._l !/ ...i : :-:"-::~~l " Ii ~j II " ~ _.~ ~i <i Ii ~'.:.~ .,' ;~ .~... .- . H.,J " Ii i:". . __.... __.1 L._....._....1: if ... . if " 1"' i ." L.._ ,__. _ i i ! j i I I i ..____ _..___..J.,.:....7...,:.u..d.~U"lt..:.:r;~t ..-..- --~...~~ II Ii' ,I ;1 i , I I i r ...-.- -i,~..~~_..h_ ..- I ! " :j .....J!. h ","Yio::'F:',ti,:=7'~<.'-;;:(;,:'__;~E,cq,;:-=::,_,::;; Ii ,. ~ I: !l ..,.,)! "'_'N..L..__.._.__. ; ~::;:L 7:~Cjr:: .__........t:.rr~:rrr~ ,__.~ _J~.:,._...I__J~- r",ui J ~r'-r-:j" ,.-- ".I i... r"lir,,"~:c=!~-"~'f'j"~"'ETr--" "Tr ,.-..-. . i ~ i '! i I '-i n ._. .1i\-." ...~.1.. . ....-..-+-- ---.; ~..- ---. .--- .t.--...- _m.__' !i ! ! r- ~ .:F ~-~! i Ii f -~---~ tl -.-.---.~ ["j i! i ____~.I.__.__J:_~_._______.... I ,. I , n_.._ ~ __.... '..\,,-,. 1--'--.. ",--"'-' 'I I- ;! i ...--..--! I 1- !j .l__~ ..~ J r---: ," ~J.:iJ,;~i-;.~.,-"J:.;:.l~,:,..,;J.,,::-:-:-"'O:. .'. "i-- ! Ii. i! " Legend 1_ _'~!":~.~i.. N Bike/Hike Path /^'\ /1 City Boundary :".. --~...1 City Map N w ~J~ ~~~ E Scale 0.5 , o 0.5 1 1.5 2 Miles s City of Farmington Created by M.Schultz, 11/96 TO: Mayor, Councilmem),ers City Administrato~ / FROM: James Bell, Parks and Recreation Director11l SUBJECT: Snow Removal Ordinance Amendment DATE: October 6, 1997 INTRODUCTION The Parks and Recreation Commission (P ARAC) reviewed the Snow Removal Ordinance in relation to the removal of snow from trails abutting private property. DISCUSSION After reviewing the Snow Removal Policy, P ARAC requested Council consider amending the ordinance. Attached are the recommended changes. The basis for the recommendation are as follows: . Trails abutting private property must be cleared of snow as are sidewalks within the City. . City equipment is not designed to remove snow from the trails abutting private property. Damage to the lawns would most likely occur, therefore the property owner should remove snow from these trails. . Staff time is primarily responsible for ice rink maintenance and snow removal of City facilities and has little time to do residential trails. Staff also has attached a proposed Snow Plowing Policy for Council consideration. ACTION REQUESTED Approval of the changes to the City Snow Removal Ordinance and approve the proposed Snow Plowing Policy. Respectfully submitted, ! ,-', 'r---' () n -.: ~-N'-"~_ iS~_ James Bell Parks and Recreation Director qCt Citlj of FarminfJ.ton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Falf (612) 463-2591 Proposed Snow Removal Ordinance Change 6-1-49: SNOW REMOVAL: 11: JftMl be l:lmft,,-ml for MI.) pUJOl\. to depoJlt from or eMlJe to hav" ."lUov"d from pri~at.:, prop".l, by MI., rnGMI.~ Ml.J ~no" I1pon MlJ public; meet right of "ftJ ...itllil\. the esft'6fftte liRHts efthe Cil,Y.\ Removal of snow and ice from sidewalks and trails in the City shall be the responsibility of the abuttin2 property owners. or occupants. Those sidewalks and trails specifically listed on attachment "A" of the snowplowin2 policv shall be maintained bv the City and identified bv published notice. (A) Accumulation Prohibited: It shall be unlawful for any owner or occupant of any building, in front of which or adjacent to where a sidewalk has been constructed for the use of the public, to allow any accumulation of ice or snow to remain upon said sidewalk longer than twelve (12) hours after said ice or snow has ceased to be deposited thereon. (B) Public Streets: It shall be unlawful for any person to deposit snow from private property upon any public street within the City. (C) Enforcement: In the event an owner or occupant fails to comply with the provisions of this section, the City may, at it's option, remove said ice or snow. All costs of said removal shall be billed to the owner of the premise, which bill shall be immediately due and payable to the City. (D) Penalty: the fact that the owner of premise reimburses the City for ice or snow which has been removed shall not preclude the City from issuing a complaint for violation of this section. ( Ord. 074-4, 2-21-74 ) (E) Delinquency: Unpaid bills more than thirty (30) days past due shall be considered in default and will be assessed a penalty as set forth from time to time by resolution of the City Council. The City Council may levy an assessment equal to such unpaid cost plus penalty against each lot or parcel of land from which the ice or snow has been removed pursuant to the provisions of M.S. 429.101. (Ord. 083-158, 12-19-83 ) snoword 9/17/97 PROPOSED Snow Plowing Policy City of Farmington Parks and Recreation Department Parks Division Sidewalks / Trails / Skating Rinks In compliance with City Code Chapter 6, Section 6-1-49,. residents will be required to remove snow from all sidewalks and trails that abut their property along City boulevards. Paved walkways on City Boulevards are considered sidewalks. The City will snowplow the sidewalk and trails within the following general areas that are listed on attachment "A" as customer utilization and operational resources allow. Attachment A . Westview Trail to High School- 300 feet. . 208 th St. Trail - South side - 1/2 mile. . All Trails Within City Parks as customer utilization and operational resources allow. . Pilot Knob Road Trail- 1/4 mile. . County Highway 50 Trail - 2 1/2 miles. . 193 th St. - East of Akin Road - 2 blocks. * Trails may be added from time to time as they are constructed. Parking lots, sidewalks, trails and skating rinks will be snowplowed in the following order: 1. Sidewalks around City owned and maintained facilities - Arena, Senior Center, City Hall, Liquor Store, Library and Downtown HRA Properties. 2. Facility parking lots - Arena 3. Sidewalks and trails near schools - 208 th St. and Westview Park. 4. Ice rinks with warming houses. (in season) 6. Parks sidewalks and trails as demand requires 5. Remaining sidewalks and trails from attachment" A". 7. All other skating rink sites. ( in season) 8. All other parking lots within the parks. plow 9/17/97 qb TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: School District Request Re: Termination of208lh Street DATE: October 6, 1997 INTRODUCTION At the September 30, 1997 Council Workshop, Council met with the School Board to discuss the School Board's request to terminate 208th Street. The outcome of this workshop generated three options that Council could conceivably choose relative to the future of20Sth Street on the School Board's proposed site for a new school facility. As issues. both for and against, regarding termination of this roadway were presented to Council at the workshop, the purpose of this memo will be to briefly summarize key points and identify actions which would need to be taken in support of a respective option. DISCUSSION The following three options have been reviewed by staff and the City Attorney to identify potential actions that would need to be taken. OPTION 1. Terminate 20Slb Street as Requested by the School Board. Key concerns presented by the School Board that support their request: ~ Children crossing the future roadway would be placed at risk - traffic safety ~ The roadway would negatively affect the Facilities Campus concept and threaten the viability of constructing a new facility in Farmington as no other qualifying sites appear to be available within the community. > Building the roadway would cause the district to lose athletic field areas due to the right-of- way dedication for the street segment. > The roadway would separate school field areas to the north from the main facilities ~ The School Board maintains the right to now change its mind concerning the future of the roadway > That an alternate east-west corridor could be located and constructed north of Riverside Estates A more extensive verbal discussion of the issues surrounding the termination of this potential east-west corridor has already been reviewed by Council at the September 30. 1997 Council Workshop. Staff review of actions necessary to support this action include the following: 1. Amendment of the City's Thoroughfare plan would be necessary. Hearings would need to be scheduled to formally amend this plan at the Council and Planning Commission levels. Citl} of Farminq.ton 325 Oak Street · Farmin9ton, MN 55024 · (672) 463-77 71 · Fax (672) 463-2597 . . \1avor and Councilmembers School District Request-Re: Termination of 208th Street Page 2 of 4 .., A process for identifying an alternate route would need to be initiated. Preliminary staff review of this issue does not suggest that an alternate route in this general area would be a possibility due to floodplain and wetlands. 3. This roadway would have to be removed as a designated MSA route. and redesignate the mileage to another route if possible. The City currently receives MSA funds in the approximate amount of $50,650 per year. -+. The City should officially "vacate" the extended street area beginning at the School District's property as a private service driveway as it would only serve the school. Accordingly, the School District would assume maintenance responsibilities for the private road. OPTION 2. Dedication of the Street Right-of-Way to the City of Farmington Key issues presented by the City that support options 2 and 3 (below): ? The roadway has been planned since 1989 as a key City controlled and owned east-west corridor that would eventually be connected to TH3. ? The City's other east-west corridors, primarily Elm Street and Ash Street, will never be able to be significantly upgraded in terms of widening and/or capacity. ? Transportation planning needs to account for future utilization of City roadways. Population and commercial growth will continue to put profound pressure on arterial access and corridor connection points within the City. ? Traffic congestion resulting from school buses on Elm Street and Ash Street will continue to grow as student populations increase. Railroad crossing requirements for school buses will intensify congestion and traffic delay concerns. ? Permanent loss of an east-west corridor to TH3 which would serve future development and population growth in both the City and Township areas will continue to shift more traffic through the downtown area. This is not necessarily a desirable transportation shift as more traffic will continue to utilize an inadequate, low volume road way design. ? Public funds (City and School) have already been invested in excess of $1,000,000 to construct the first segment of 20Sth Street east from Pilot Knob Road. ? Future construction of 20Sth Street through school property could include construction of a pedestrian underpass and placement of traffic control devices that would significantly mitigate student traffic safety concerns while maintaining the road as collector. ? Permanent loss of the opportunity to construct a railroad overpass that would enhance public safety transportation access from Pilot Knob to the east and TH3 to the west of Farmington ? Construction of an alternate route to the north of Riverside Estates would have significant effects on both future and current costs. The introduction of a sharp curve in the extension of the current road would have negative effects on the ability of the road to function as a designated collector street. It is highly unlikely that an alternate route north of Riverside estates is feasible due to floodplain and wetlands. ,. Discussions with Dakota County engineering staff, specifically in the area of transportation planning, that east-west transportation corridors, as may be determined by the City, are important for future transportation needs. As 20Sth Street was identified by City planning and engineering staff in 1989-90 as a necessary east-west corridor. it's continued availability will be critical in handling transportation access needs for the City whose population is projected to exceed 25,000 in the next 10-15 years. An attachment from the Dakota County Highway Department supports the City's transportation plan relative to establishing a City collector in this general vicinity. Mayor and Councilmembers School District Request-Re: Termination of 208'11 Street Page.3 01'4 Staff review of actions necessary to support this action include the following: 1. A legal review of issues associated with dedication of the Right-of- Way for the future construction of 208m is attached. 2. Community Development staff have indicated concurrence in requiring the School District to plat the Right-of-Way and incorporate permanent restrictions on any temporary structures or uses on the platted right-of-way. 3. Require the School District to 1) waive any future appeals or notification rights when or if the road is constructed; 2) adopt a statement of cooperation with the City in future road construction issues associated with 208th; and 3) agree to enter into a contract with the City for future assessments as recommended by the City Attorney. 4. Require storm water drainage easements to allow for future roadway runoff. Additional issues as they emerge would have to be negotiated through the City's normal development review process. OPTION 3. Construct 2081h as Approved in the City Transportation Plan Key issues supporting this option are included under Option 2. Staff review of actions necessary to support this action include the following: 1. As this option is supported under the City's cutrent transportation plan, issues associated with construction of this roadway segment on school property would be handled through the City's normal development review process. 2. One issue that was identified by the City Engineer concerns sub-grading the road until connection access issues to TH3 are resolved to minimize construction costs. Sub-grading of the road is recommended until access and connection issues are fully addressed. 3. Although the City has been provided with very limited information, it does appear possible to construct the road to "standard" and still address the School District's concerns on site use and traffic safety issues. Additional Development Concerns The City has been contacted by Mr. Jack Benedict, the former developer of the school's proposed new site. and requested consideration by the City to be provided with additional MUSA on property owned by the Mr. and Mrs. Nordseth just south of 1951h Street and west of MUSA Priority Area A. This property was tentatively identified as being in a priority area in 1996. However, since no development was proposed at the time of submission to the Metropolitan Council in August 1997, and other areas had proposed developments and were further along in the process, the Nordseth property was removed from consideration. A review by the Community Development Department indicates that most of this property's 146 acres is either in the flood plain (72 acres) or under Agricultural Preserve controls (45 acres), leaving approximately 30 acres in an irregular configuration as potentially developable (see attachment). If possible, the City would attempt to communicate with the Met Council on developing a MUSA "swap" separate and distinct from the current application. However. there is no guarantee that this approach would be approved by Met Council staff. yIayor and Councilmembers School District Request-Re: Termination of 208111 Street Page 4 of 4 It is Mr. Benedict's contention that the City should assist him with this new site MUSA in light of fact that the proposed transaction between the Nordseth's and the him without land to develop. It should be noted that Mr. Benedict's negotiations with the School District and the property ow.. site were private. Accordingly, the City was not involved in this transaction. It is my understanding .. Mr. Benedict had an agreement with the Nordseth's to develop this site. Consideration of Mr. Benedict's request creates a number of significant public policy concerns and questions that may prove to be highly controversial in both a legal and public sense. >- As Mr. Benedict willingly surrendered his rights to the site under consideration by the School District, what obligation does the City have to Mr. Benedict to secure a new development site with MUSA? Conversely, even if Mr. Benedict did not voluntarily surrender his rights to the property owner, what obligation does the City have to Mr. Benedict in terms of securing him a new site? >- The City's MUSA application process was initiated at the direction ofthe City Council and Planning Commission over a year and half ago. Amending the application could conceivably cause a time delay from six (6) months to one (1) year negatively affecting a number of development proposals currently under review. Is the City obligated to revise its plans at this late date for the benefit of one developer? >- Should the City be involving itself in private land transaction negotiations between a property owner and a developer? Similarly, does the City have an obligation to any private developer to act as a property "broker" for reasons purely associated with profit and loss? In conversations with the City Attorney regarding the above issues. it is clear that the City has no obligations to Mr. Benedict or any private developer regarding the securement of a new development site. Further, the additional inclusion of property in the City's MUSA application would create a significant time delay in securing approval by the Metropolitan Council for the City's comprehensive plan amendment. ACTION REOUESTED 1. Determination by Council of one of the three development options as presented in this memorandum. OPTION 1. Terminate 208111 Street as Requested by the School Board. OPTION 2. Dedication ofthe Street Right-of-Way to the City of Farmington OPTION 3. Construct 208111 as Approved in the City Transportation Plan "l Determination by Council of the extent of City involvement in securing a new development site for Mr. Benedict. 10::e:72- City Administrator Cc: Mr. Jack Benedict Ms. Pat Hanauer. School Superintendent OCT- 3-97 FRI 10:15 GRANNIS LAW OFFICE FAX NO. 6124552359 P. 02 tlBJlORAlfDUH TO: FROM: DATE: RE: JohD Brar David <iraui-a ootober 3, 2,"7 preserving the Right of W.Y fo~ ~utur. CODD~rUgtion OU1lll~I:QJI: Wha~ are the issues involved for the city and the School District in presarving the right of way of 208th street as represented on the Thoroughfare Plan for future construction ana connection to county Roaa 66 in Empire Township? tSSUmel 1. As. part of the scbool district's develop.ant of the property ror ~h. .i441. 8cbOO1, should the property be platte41 a. Requirement to Plat - It is recommended that the city require 'the School District plat the property and require a right of way be dedicated for 208th S~reet on the plat. It the right of way is dedicated, the city will not have to aquire the land later and all of the parties involvad will have a clear understanding that someti~e in the future, a road will be built in that area. b. FUture Sale of pro'Per1:y - If the property is platted and there is a future sale, the right of way for 208th street will be in place. 2. If the right of way ia pr...rved at this tiae, how will ~h. future OODBtruotioD be p.id for? a. School to Pay - Escrow - As a part of the development. agreement:. or a special assessment agreement., the School District should be required to pay for the cons~ction of the road in the future. The School District may be required to place a oertain amount of funds in an escrow account at this time to pay for the future construction. b. S~ecial Assessments - Future construction costs could be assessed against benefitted property by the city at the time of construction. This option is not recommended because it is not done in other developments and could lead to additional expense and possible appealS. c. Contract with citv for Future Assessment - The School District and the City may enter into a contract for future assessments tor the construction of the road. The agreement must contain a waiver by the School District. of OCT- 3-97 FRI 10:15 GRANNIS LAW OFFICE FAX NO. 6124552359 1~. : 1 '"' tl \.Jj the notice requirements and right to appeal similar to what other developers agree to in development contractS. This, in my opinion, is the best option as it eliminates uncertainty tor future councils and School Boards. 3. Should the school 4i8tric~ be responsible for the cos~s of aODstruotion? a. DeveloDer Pave - In a normal development }:)y a private developer, the developer pays for the costs of the road and I do not view this situation as being any different. .. What happens 1f 208th Stre.t is never CODn.c~.4? a. In the event that 208th street is never connected, the city always has the option of vacating the right of way. However, if the City is committed to the road in this location, the School District should agree that it will assist the City in whatever way possible to ensure the extent ion of the road throuqh Empire and the conneotion with County Road 66. 2 , . .l.~~o/':!r .l.-=.;l:J.l. l.iH"UIH '..LJUI'lII-Wc:.;)Ic:.~'l ;)c:.J";y, '-'I"., ~'cJ, DAKOTA COUNTY HIGHWAY DEPARTMENT '4\J!)!l GALAXle AVENue. 3AO FlOOA DAVID L. lVUlDS. P.E. COUNTY ENGINf.f.R (612) 891 .7100 F~x(612}891-7127 APPLE VALu=Y. MINNESOTA 55124-6519 October 6~ 1997 Patricia L. Hanauer Superintendent FarmiI1&ton ISD #192 Office of the S,*perintendent 610 Walnut Stt'eet Farmington, MN rJrJ0Z4-15S9 Dear Ms. Hanauer: This letter is to :Clarify the discussion I had with Lee Smick on september ZZ, 1 ~87, regarding Z081h Street. M&. smick and J were di8Cussing fhe IOCdl transportation ~stem and its relation to the COunty and. Trunk Highway Systems. In this discussion, Ms. Simek asked for my opinion on the importance of ZOSt" Street.: I responded that I was aware it was part of the Farmington 'lll0r0ughfare b'ystem since the lAte t 980', and was planned to connect County State Aid Highway (CSAH) 31 to TrUnk Highway (TH) 5. I discuased with Ms. Smick that cou.nty staff felt it was important for Farmington to provide a local east..weat, city ~ network from CSAH 31 to TH 5 and CSAH 51 to CSAli 25 (cedar Avenue). 1 stated that is not the Countts responsibility to detennine the l1ppxopr1ltte alignment for a city street, but that County staff l'eC08ni7.e the importance of a supponing city road network to the overall transportation 3ystem. This includes developing the area north of CSAH 50 And south of 1 95th Street with appropriate collector streets. A city street in the vicinity of Z08tb S~ appears to be an llppropriate looation for a local collector. Local trips should not be totally dependant upon the County and TrUnk Highway systems but be able to travel on well connected streets. I hope this c1arlftes the positJon of County staff on the need for a locaJ east-west city .street in this planned vicinit)', I:llld that the city is the appropriate agency to detennine the location of the city strect'sa1ignmc!nt. Sincerely, ,~,., J/A' '" ' , , . Lczlic A. Vennitlion TranJportation !Ensineer cc: John trill', City of Farmington Lee Smick,;City of rarminston lmlia J. Breimhurst, Dakota County David L. EVerds, Dakota CcJllnty N:\dq:Ic\hl8'-Y\leUen\Oclobcr SLAV.doo P"nNd on ""',.,.... 118,..., ~ ~....r o AN EOUAL 0I"P01mJMTY EMPlOYER . . ~ ~+z Ef~Q~~ <: I::.!: ~ = ('tl -- ~ ...... (tI '0 '="'0 (") ::j' Co "'"i ..."'. ('t o"'-"';l> ~~6~N ~ ~. g ~ '> .., =. Co ('") lJQ ~ a ~ ~ ... N S '" P..... -'0 ('") ~ ~=E.. ~ 0 ~ ... ::: p......fPOi:j '-'~~~~ ~ Co-l~ 1:; a ~ ~ ~ ~ 0'" ~ N o t:l t1l Po ~ .- "Sl ::!l ~ t 4' o 8 . 0 '8~~"'PO ;:1'1:1 ill -..I ~ '< [. lJQ"" ::t . . (1) ~ '< _. (1) .... er'" '" ;=: _ ~ 0 .. '" ..., el -. s- fD ~ (1) ., .,., 5 -< fD .,. ~~ [T1 5' ft ;j !j 4' ~ ~. '" Oo.g ~~ _Ul~ ~~6~::t "'(p~('")'< -Cor::.~"It: '< '" ~, '0 ::!l ~ .~ .., 0 ('") 0 OO~.... '0 Co lJQ S- ~'O~~ :4 _ _. '< ~ '" . 5' ~ Po 'Tl W ~ I ~ ~ I ~ I!lrm1DD~1 1118I.111%J~ 111~ ~ lfU Will so <",::c::;r-:g5"O:!1:!1n::co::c:>:>GO ~'::' <1>. 0 I>> Q. t1l 8 8 0 t1l t1l '::' GO GO tl ~ U~ Q. ~ ~ c: ~ ~ I>> ~ U~ ... ... -. 2.. :r c' ~ l!1 ~ Q. Q. ~ ~ ~ i s' ~r l; n Ii' a !? Q. ::l. e. '1'l ~ :! = e. III - - i'i' o 1;l !? '" e e. :!1 5' '< e c: = '< ~ ~ Ii! !t -. .:;. e. 0 8 GO I""l 0' !e.:;; ~ t1l t1l .:< "" - -. t1l:r: = ~ -. '" .., 0 :;l:l !!i. :;l:l tj lit Q. 0 ~ 0 ~ R 5' tf ;;;. t1l .:< t1l ii i'i' ~ -. -. -. '" gl t1l ill - !e. :;l:l 6: <i - E ~ ~ lit ~ gl...~. !t ~ t1l 0" ~ (;. (;. l!l Q 0 <i - ~ -. g -0 - -::!. ~ -. ii?' !t ~. a ~ ::l. ~ -- ::s ~ 0 (") -. _ ::s - n [ - - > "- n ~. n o .a o e t1l r- 5' t1l n ~. ~ N o = ~. ~ (Jq ~ .~ ~ If------\ I i IUD- TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Train Whistle Blowing DATE: October 6, 1997 INTRODUCTION The City has received a follow-up confirmatory letter from Mr. Laurence Hasvold, Regional Administrator for the Federal Railroad Administration (FRA) concerning actions they will take regarding the City's complaint on train whistles. In addition, attached communications from Congressman Luther's office have confirmed that they will also be discussing this situation with the railroad companies in question. DISCUSSION As previously discussed, the FRA supports the right of the railroad to exercise appropriate safety measures regarding the use of train whistles at rail road crossings. The City's recent contacts on this issue with the FRA and Congressman Luther's office may have some benefit regarding the possible minimization of any perceived unjustified use of train whistles in the community. These actions, however, may not completely satisfy affected City residents as the use oftrain whistles will continue at designated rail road crossings. BUDGET IMP ACT None. ACTION REQUESTED For Council information only. Respectfully submitted, LJiI6 / fohn F. Erar /City Administrator Citlj of FarminfJ.ton 325 Oak Street. Farmin9ton] MN 55024 · (612) 463-7111 · Falf (612) 463-2591 ~~ U.S. Department ot Transportation Federal Railroad Administration 111 North Canal Street Suite 655 Chicago, Illinois 606J6 September 17. 1997 lfII.j -- John Erar City Administrator City of Farmington 325 Oak Street Farmington, Minnesota 55204 ,~ '-0 .-: t.l j. 9 Dear Mr. Erar: This will confirm your telephone conversation with my staff about trains whistling at highway- rail grade crossings in Farmington, Minnesota. Federal regulations currently require that each lead locomotive be provided with an audible warning device that meets specified performance standards. Although, Federal regulations neither prohibit nor mandate the sounding of train whistles, all the major railroads have an operating rule that requires their engineers to sound the whistle at highway-rail grade crossings, as a warning to drivers and pedestrians. Statistics show when engineers sound whistles at grade crossings, accident rates are much lower. As to your concern of excessive whistling in the early morning hours, my staff has contacted Mr. Ed O'Hara, Superintendent, Union Pacific Railroad, 612-552-3904, and Mr. John Grewell, Vice President of Operations, Iowa & Minnesota Rail Link (I&M Rail Link) formerly the Canadian PacificlSoo Line, (319) 344- 7 603. Both railroad representatives stated they will discuss your concern of excessive whistling with their train crews that operate through Farmington. Please contact Ms. Patti Smith, Federal Railroad Administration Crossing and Trespasser Regional Manager, in my office at (312) 353-6203 if you need further assistance. Sincerely, lJJl ~JJ Laurence H. Hasvold Regional Administrator BILL LUTHER SIXTH DISTRICT, MINNESOTA ANOKA, WASHINGTON AND CENTRAL DAKOTA COUNTIES .. ~ 117 CANNON HOUSE OFFICE BUILDING WASHINGTON. D.C. 20515 12021 225-2271 FAX' 1202) 225.3368 REGIONAL WHIP Qtnngrtl1S af tltt Nnmb ~nttl1 l~nuli.e uf 1!t.epr.eli.entntiUtS Ihudlingtnn. iI.<!r. 2D515-23D6 1811 WEIR DRIVE SUITE 150 WOODBURY, MN 55125 1612) 730-4949 IV ITTYI FAX' (612) 730.0507 COMMITTEE ON SCIENCE SUBCOMMITTEE ON BASIC RESEARCH SUBCOMMITTEE ON SPACE ANO AERONAUTICS COMMITTEE ON INTERNATIONAL RELATIONS SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY ANO TRACE tell. bill@mail.house.gov hnp:llwww.house.goviluther September 18, 1997 William Brodski President I & M Rail Link 1910 East Kimberly Road Davenport, Iowa 52807 OCT 1 10~~ · ,,':J t Dear Bill: I am writing on behalf of the Fannington City Administrator, John Erar. According to Mr. Erar, there have been several complaints from Farmington residents that a few engineers unduly blow their train whistles early in the morning. I would appreciate any assistance you could provide in examining whether or not it is necessary for engineers to blow their train whistles early in the mommg. Thank you for your assistance in this matter. Please send your response to my district office in Woodbury. If you have any questions, contact my District Director, Corinne Hoeft, at (612)-730- 4949. q:~ BILL LUTHER Member of Congress BL:cih CC: David Blaclanore Federal Railroad Administration III North Cannel Street Chicago,IL 60606 John Erar City of Farmington 325 Oak Street Farmington, MN 55024 PRINTEO ON RECYCLED PAPER ...... .