HomeMy WebLinkAbout09.15.97 Council Packet
AGENDA
COUNCIL MEETING
SEPTEMBER 15, 1997
6:30 - Chamber Business Meeting
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3 . APPROVE AGENDA
4. CITIZENS COMMENTS (5 minute limit per person for items
not on the agenda.)
5. CONSENT AGENDA (All items approved in 1 motion unless
anyone wishes an item removed for discussion)
a. Approve Minutes - 8/27 (Special), 9/2 (Regular)
b. proclaim 9/15-9/21 as Pollution Prevention Week
c. Resolution - Accept Donation to Senior Center
d. Resolution - Nelsen Hills Farm 6th Addition Development Agreement
e. Resolution - Community Landfill Abatement Funding Application
f. Capital Outlay Purchase - Police
g. Ice Arena Advertising
h. Revised Donation Policy
i. Approve participation in County Auction
j. Capital Outlay Expenditure - Seal Exterior Block Wall - Fire Hall
k. Elm Street Railroad Crossing Gates Update
1. Renew Rental Agreement - Solid Waste Garage
m. Approve Payment of Bills
n. Gambling Premise Permit for Eagles Club
6. PUBLIC HEARINGS/AWARD OF CONTRACTS
a. Assessment Hearing - 1997 Seal Coat project
b. Annexation Hearing - Sienna/Sauber Property in Empire Township
c. Annexation Hearing - T.C. Construction/Ristow Property in Empire
d. Vacation Hearing - JIT Utility Easements in Industrial Park
7. PETITIONS, REQUESTS AND COMMUNICATIONS
a. Pine Ridge Forest Plat Filing Extension
8. UNFINISHED BUSINESS
a. Cooperative Agreement with MnDOT for Elm Street Traffic Signal
9. NEW BUSINESS
10. ROUNDTABLE
a. Inflow/Infiltration in Main Street Project Area
b. Railroad Whistles
11. ADJOURN
TO:
Mayor and Councilmembers
FROM:
John F. Erar,
City Administrator
SUBJECT:
Supplemental Agenda Items
DATE:
September 15, 1997
It is requested that the September IS, 1997 agenda be updated in the following
manner:
Add Item 5n - Request Adoption of Resolution - Gambling Premise Permit for Eagles
Club.
Memo and resolution from Administrative Services Manager Finstuen regarding a
gambling premise permit for the Eagles Club.
Add Item 7a - Request for Time Extension for Recording Plat of pine Ridge Forest
Memo from Community Development Director Olson forwarding a request from Tim
Giles to extend the deadline for recording the final plat of Pine Ridge Forest.
~~.
Clerk Typist
I
Citl}. of Farminf/.ton 325 Oak Street. FarminlJton, MN 5502~ · (612) ~63-7111 · FaK (612) ~63-2591
TO:
Mayor, Councilme~e~ and
City Administrator W'
FROM:
Karen Finstuen, Administrative
Service Manager
SUBJECT:
Gambling Premise Permit, Eagles Club
September 15, 1997
DATE:
INTRODUCTION
The Eagles Club is requesting approval of a Gambling Premise Permit for their building located
at 313 Third Street.
DISCUSSION
In June of this year, the Eagles requested approval of a resolution approving this permit. That
resolution was adopted and given to the Eagles Club Management. When it was submitted by
the Eagles, the State informed them that too much time had elapsed from time of council
&pproval until submittal. The Eagles Club is requesting another resolution be adopted.
BUDGET IMPACT
None.
ACTION REQUIRED
Adopt a resolution approving a Gambling Premise Permit for 313 3rd Street. A copy of the
proposed resolution is attached.
Respectfully submitted,
a<~~
Karen Finstuen
Administrative Service Manager
5(\
Citlj. of FarminfJ.ton 325 Oak Street · Farmington, MN 55024 · (612) ~63-7111 · FaK (612) 463.2591
PRO P 0 SED
.
RESOLUTION
APPROVING A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT
- EAGLES AERIE 4031-
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 15th day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling
Board may not issue or renew a Gambling Premise Permit unless the City
Council adopts a resolution approving said permit; and
WHEREAS, Farmington Eagles Aerie 4031 has submitted an application for
a Gambling Premise Permit to conduct bingo at their facility located at
313 Third Street for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the
Gambling Premise Permit for Farmington Eagles Aerie 4031 is hereby
approved.
This resolution adopted by recorded vote of the Farmington City Council
in open session on the 15th day of September, 1997.
Mayor
Attested to the ____ day of September, 1997.
SEAL
Clerk/Administrator
r
10-
TO: Mayor, Councilmembers
Acting City Administrator
FROM: David L. Olson
Community Development Director
SUBJECT: Time Extension for Recording Plat!
Pine Ridge Forest Subdivision
DATE: September 15, 1997
INTRODUCTION
The Subdivision Ordinance for the City of Farmington requires that all Final Plats
be recorded with the Dakota County Recorder's Office within 75 days of approval
by the City Council. The developer of Pine Ridge Forest is requesting a second
extension of this requirement.
DISCUSSION
The City Council approved an extension of the filing period of 75 days at the
September 2, 1997 Council Meeting that gave until September 12, 1997 for the
Final Plat mylars to be delivered to the City. As the attached letter from
Westergren & Associates, Inc. indicates, they are requesting an additional
extension to October 15th for the delivering of the Final Plat mylars to City Hall.
They have encountered some difficulties with describing and locating a natural
gas line easement.
It will take 1-2 weeks after the mylars are delivered to City Hall to obtain the
necessary City signatures and for the mylars delivered to the Dakota County
Recorder for recording.
ACTION REOUESTED
Approval of the requested extension to the 75 day period for the filing of Final
Plat documents.
Respectfully submitted,
~~
avid L. Olson"~- ~
Community Development Director
c: Tim Giles
Dan R. Westergren
CitlJ. of Farminf/.ton 325 Oak Street · FarminqtonJ MN 55024 · (612) ~63-7111 · FaK (612) 463-2591
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(612) 469-1899
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(50'7) 744-2054
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Dan R. Weatergren
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Westa..en ftI Aaoc:I..., lac.
- lAND SUFlVEYORS -
8SOO 210th Street . Lakeville. Minnesota 5SOM
September 15, 1997
Mr. Dave Olson, Community Director
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
RE: PINE RIDGE FOREST
Dear Dave:
Pursuant to our conversation we are requesting an
extension of the 75 day final plat recording require-
ment. We have been working with an unexpected delay
dealing with the exact wording of the Northern Natural
Gas easement in relation to the description and the
actual field located centerline.
we expect this delay will set the date of final plat
in mylar format be delivered to the City Offices to
be October 15, 1997.
If there are any questions please contact our office.
r\n:erelYJ
\~e,
Dan R. Westergren,
DW:lrw
5t
TO:
\-layor. Councilmembers.
City Adminisrratm-hjt-
FROM:
David L. Olson. Community
Development Director
SUBJECT:
Time Extensions for
Recording of Plats
DATE:
September 2. 1997
INTRODUCTION
City Code requires that developers record final plats with Dakota County within 75 days of approval by
City Council. Three developers are requesting time extensions to this requirement in order to finalize
minor issues on the plat.
DISCUSSION
The following developers have requested time extensions for recording their final plats:
Developer Development Approved Date Requested Extension Date
Tim Giles Pine Ridge Forest May 19. 1997 September 12. 1997
Jack Benedict Cameron Woods April 7. 1997 December I. 1997
Heritage Nelsen Hills Farm February 3. 1997 December I. 1997
Development 6th Addition
The developers have cited various issues which delayed their ability to record their plats. The City
Attorney has reviewed and approved the requests.
ACTION REQUIRED
Approve time extensions for recording of final plats for Pine Ridge Forest. Cameron \Voods and Nelsen
Hills Farm 6th Addition.
Respectfully submitted.
.,/-;/~
/' . ---- --~-------
avid L. Olson '
Community Development Director
1CitlJ of FarminfJton 325 Oalt Street. Farminqton, MN 55024. (612) 463-7711 · Far (612) 463-2591
Council Minutes
Special
August 27,1997
Sa
(I)
1. The meeting was called to order by Mayor Ristow at 4:30 P.M.
Present: Mayor Ristow, Councilmember Strachan. Councilmember Cordes arrived at 5:00 p.m.
and Councilmember Gamer arrived at 5:45 p.m.
Absent: Councilmember Fitch
Also present: Administrator Erar, James Brimeyer and management team members Asher, Bell,
Finstuen, Mann, Olson, Roland, and Siebenaler
2. The purpose of the meeting was to answer the question, "where is Farmington going". James
Brimeyer of Brimeyer and Assoc., facilitated the traditional strategic planning process. The
community wide planning process was aimed at thinking three to five years out. City Council
and staff, with the assistance of Mr. Brimeyer, addressed various issues such as, what are the
basic needs of the City and what makes us unique.
3. City Council and staff were asks to list, in their opinion, the most important issues of the next
five years. Mr. Brimeyer will summarize the information gathered and bring this back to the
group at the next session scheduled for September 10, 1997.
4. Motion by Strachan, second by Gamer to adjourn at 8:00 p.m. APIF, motion carried.
Respectfully submitted,
Karen F instuen
Administrative Services Manager
COUNCIL MINUTES
REGULAR
SEPTEMBER 2, 1997
5a
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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 Cordes to approve the agenda with the following
changes:
a) Remove Consent Item si - Appointment Recommendation - Planning Coordinator - for
discussion.
b) Add Item 7b - Requesting MnDOT Traffic Study on Flagstaff Avenue and 190th
Street.
APIF, MOTION CARRIED.
4. Citizen Comments - There were no Citizen Comments.
5. Consent Agenda
MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows:
a) Approve Minutes - 8/18/97 (Regular) and 8/19/97 (Special).
b) Approve School/Conference Requests - Fire Department.
c) Approve School/Conference Requests - Police Department.
d) Approve publication of ordinance summary - Graffiti Control.
e) Adopt RESOLUTION NO. R98-97 supporting continued participation in the
Metropolitan Council Livable Communities Act.
f) Adopt RESOLUTION NO. R99-97 amending 1997 Fees and Charges by changing fees for
ice time for 1998 season.
g) Adopt RESOLUTION NO. R100-97 approving application submittal for Tree Grant.
h) Adopt RESOLUTION NO. R10l-97 accepting donation from Farmington Chorale for Music
in the Parks Series.
i) Receive update on property acquisition for Fourth Street Storm Sewer Outfall
project.
j) Appoint T.E.A.M. Inc. as Employee Assistance Program provider.
k) Approve time extensions for plat recording for Pine Ridge Forest, Cameron Woods,
and Nelsen Hills Farm 6th Additions.
1) Approve Agreement for continuing disclosure on municipal bond issues.
m) Approve payment of bills as submitted.
APIF, MOTION CARRIED.
6. Planning Coordinator Appointment
Councilmember Ristow requested this item be removed from Consent for discussion. He
asked whether the City had advertised for the position. City Administrator Erar
responded that the process had been started, however, upon learning that the former
Coordinator had inquired about returning to the position, and with the
recommendation of the Department Head to reinstate the Coordinator, the process had
been halted. Mr. Erar added that he concurred with the recommendation for
reinstatement based upon the Planning Coordinator's previous work record for the
City and qualifications. ~Ristow stated concerns regarding stability in the
organization and legalities-~~ following the hiring process. He also questioned
whether it was a union position and if the Union had objections. Mr. Erar responded
that Planning Coordinator was a Union position, however, the action being requested
did not involve the Union. MOTION by Ristow to not appoint Ms. Smick as the
Planning Coordinator at this time and to go through the hiring process. The motion
failed for lack of a second. MOTION by Cordes, second by Strachan to approve the
appointment of Ms. Smick as Planning Coordinator. VOTING FOR: Cordes, Fitch,
Strachan, Gamer. AGAINST: Ristow. MOTION CARRIED.
7. City Hall Roof Repair Contract Award
Parks and Recreation Director Bell stated that 4 bids had been received and that the
low bid was below the estimated project cost. He recommended that the bid be
awarded to All Systems in the amount of their bid of $28,085. Councilmember Ristow
asked whether the library roof was still in need of repair. Mr. Bell stated that
the roof needed to be replaced, however, there were no funds budgeted for its
replacement at this time. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO.
R106-97 accepting the bids received and awarding the contract for City Hall roof
repair to All Systems in the amount of their low bid. APIF, MOTION CARRIED
8. Sewer Flow Update
City Engineer Mann stated the City had received estimated sewer flows for 1997 from
Metropolitan Environmental Services. He stated their estimate for the entire year
was 400 million gallons which was 46 million gallons below the 1994 flows. Since
the City has experienced a large population growth during the last three years, the
flow indicates that the City's extensive I/I reduction program was having a
significant impact.
9. Requests for Traffic Studies
City Engineer Mann informed Council that this item was brought to their attention
following requests by residents to reduce traffic speed on Flagstaff Avenue and
190th Street. He explained that MnDOT was the governing body for setting speed
limits and, in order to implement a speed reduction, MnDOT would need to perform a
speed study. This requires passage of a resolution requesting the study. Member
Fitch asked whether the possibility existed that the study could produce the
opposite result and suggest the speed should be raised? Police Chief Siebenaler
said it was possible. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO.
R102-97 requesting MnDOT perform a traffic speed study on 190th Street. APIF,
MOTION CARRIED. MOTION by Cordes, second by Ristow to adopt RESOLUTION NO. R103-97
requesting MnDOT perform a traffic speed study on Flagstaff Avenue. APIF, MOTION
CARRIED.
10. Railroad Crossing Gates on Elm Street
City Engineer Mann explained progress on the crossing gates, stating the City's
share of the City/County/Railroad project was $5,321. Funding would come from the
City's Road and Bridge Fund. He stated it was possible the project could be
completed this Fall and, if not, then in the Spring. MOTION by Gamer, second by
Strachan to adopt RESOLUTION NO. R104-97 approving the agreement with the Soo Line'
Railroad and the Commissioner of Transportation for the installation and maintenance
of railroad crossing gates at the intersection of Elm Street (CSAH 50) and the
tracks of the Soo Line Railroad. APIF, MOTION CARRIED.
11. Traffic Study on Elm Street
Police Chief Siebenaler updated Council that the County Highway Department intended
beginning the study this week and it should be completed within a week. When
results are received, they will be forwarded to Council.
12. East Farmington House Moving Update
City Administrator Erar updated Council on the status of the proposed house moving
to an outlot in East Farmington. Following expressions of concern by
Councilmembers, staff reviewed the request again. While the request met all City
Code requirements for moving, the property owners involved, Roger Randall and SSMC
CEO Robert Johnson had agreed to stop the moving process. A joint City/Hospital
reimbursement agreement was proposed to defray costs incurred by Mr. Randall. This
reimbursement would only occur should the house have to be demolished or if another
appropriate location could not be found. One suggested site was at the corner of
Fourth and Main Streets. This location would involve purchase of the tax forfeited
site by the City, resale to Mr. Randall, in addition to resolving issues regarding a
sewer easement running through the property and rezoning the property. Discussion
of the 4th and Main site involved soil testing/environmental issue costs and public
notification of rezoning. MOTION by Gamer, second by Fitch to approve the
reimbursement agreement with SSMC should the Randall house need to be demolished.
APIF, MOTION CARRIED. MOTION by Gamer, second by Strachan to instruct staff to
begin the rezoning process for the lot at Fourth and Main Streets. APIF, MOTION
CARRIED. Councilmembers thanked staff, Mr. Randall, and Mr. Johnson for their
cooperation in the resolution of this matter.
13. Code of Ethics Ordinance
City Administrator Erar stated the ordinance was the result of a request by Council.
He noted that the document was a draft stage presented for Council review. He
suggested the item be placed on an agenda for discussion and possible adoption in a
month or so. Discussion regarding various sections of the document followed. Mayor
Ristow stated his belief that the document was an unnecessary waste of time and that
most of the items it included were covered by State laws. Administrator Erar noted
it was up to Council to decide whether they wished to pursue enacting the ordinance.
After discussion, it was determined the item would be placed on the October 6, 199'
agenda and if interest to continue was expressed, a workshop would be set to discus~
the ordinance more thoroughly.
14. 1998 Preliminary Levy/Truth In Taxation Hearing
Finance Director Roland informed Council that State statute required the preliminary
levy be set before September 15th. She also noted that after adoption of the
preliminary levy, it could be decreased but not increased. The suggested dates for
the Truth in Taxation hearing were December 3rd or 4th, with continuation dates, if
necessary, of December lOth or 11th. MOTION by Gamer, second by Cordes to adopt
RESOLUTION NO. R10s-97 adopting the preliminary tax levy for 1998 and to set the
Truth in Taxation hearing for December 3rd. APIF, MOTION CARRIED.
15. Initiate POD Agreement Amendment - East Farmington
Community Development Director Olson stated the amendment dealt with restricting
development of outlots within the East Farmington PUD to construction consistent
with existing development. It was the consensus of Council that staff move forward
with initiating the PUD agreement amendment.
16. Fair Hills Storm Water Pond Outlet
City Engineer Mann explained that the outlet pipe for the storm water pond in Fair
Hills had been buried over the years and no longer functioned properly. This caused
high water levels in the pond during heavy rains and periods of high water run off.
Two options were suggested for correcting the problem. The first would involve
regrading the area around the pond which would require extensive work in residents'
backyards. The second would be to extend the outlet pipe by 75 feet. Since it
would be difficult to determine who was responsible for the original pipe being
buried, it was proposed that the improvement be funded through Storm Water Utility
Funds. Engineer Mann suggested that option two, extension of the pipe, be selected
to correct the problem. Councilmember Fitch asked what was being done to prevent
this situation from occurring in the future. Engineer Mann explained the recently
adopted as built certificate requirement process, which should eliminate the
majority of the problem in addition to making it easier to identify who caused the
change in approved grades. MOTION by Gamer, second by Ristow to approve the
drainage pipe extension in the Fair Hills Storm Water Pond. APIF, MOTION CARRIED.
It was noted that the work was estimated to cost below $25,000 and that the project
was scheduled for this Fall if weather conditions permitted.
17. Dakota County Estates 8th Drainage Problem
City Engineer Mann illustrated the problem area on a map and explained that the
drainage problem was a combination of landscaping done by residents which aggravated
inadequate grading (less than 1% slope). The proposed solution was to install drain
tile and small yard drains along the problem area. Several affected residents were
in the audience and requested Council approve the improvements. Staff research
suggested the swale had originally met grading requirements and the problems were
likely caused by homebuilders. Because neither developer or homeowners seemed to
have created the drainage problem, it was staff's suggestion that the estimated
$16,000 required for corrections be funded through the Storm Water Utility Fund.
MOTION by Gamer, second by Cordes to approve City funding to correct the drainage.
APIF, MOTION CARRIED.
18. Roundtable
Councilmember Strachan: Exchange Bank Building looks fantastic.
Councilmember Gamer: Reiterated Member Strachan's comments regarding the Exchange
Bank Building.
Counci1member Fitch: Noted he had been asked how much the City was paying due to
I/I in the Main Street Project area. He also asked whether
holding as built surety longer would reduce grading/drainage problems later.
Administrator Erar: Informed Council the City was now on the Internet.
Community Development Director Olson: Reminded Council of the Exchange Bank
Building unveiling celebration on Thursday,
September 4th at 5:00 P.M..
Mayor Ristow: Had received weed complaint for property in the prairie Waterway.
Also had received complaints regarding railroad whistles again.
15. MOTION by Gamer, second by Fitch to adjourn at 8:58 P.M..
CARRIED.
APIF, MOTION
Respectfully submitted,
Mary Hanson
Clerk/Typist
5b
TO: Mayor. Councilmembers and City
Administrator/!?-c-..--
r
FROM: James Bell, Parks and Recreation
Director
SUBJECT: Pollution Prevention Week
DATE: September 15, 1997
INTRODUCTION & DISCUSSION
September 15 - 21, 1997 has been declared Minnesota Pollution Prevention Week. To promote
this, there will be a Pollution Prevention Day with speakers and entertainment for a group of
elementary school students on September 17.
ACTION REQUESTED
Proclaim the week of September 15 - 21, 1997 to be Pollution Prevention Week in Farmington.
Respectfully submitted,
~~
James Bell
Parks and Recreation Director
CitlJ. of Farminf/.ton 325 Oak Street · FarminqtonJ MN 55024 · (612) 463-7111 · FaK (612) 463-2591
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TO: Mayor, Councilmembers and
City Administrat011L-
FROM: Joy Lillejord,
Recreation Program Supervisor
SUBJECT: Adopt Resolution Accepting
Donation
DATE: September 15, 1997
INTRODUCTIONIDISCUSSION
The Faith United Methodist Women have donated $100.00 to the Senior Center to put into an
account for Seniors who are unable to pay for their Meals on Wheels.
ACTION REQUIRED
Adopt resolution accepting this donation from the Faith United Methodist Women.
Respectfully submitted,
dt>t tv\. Lll!~r&
Joy U. Lillejord '
Recreation Program Supervisor
5c
CitlJ of FarminfJ,ton 325 Oak Street · Farminqton, MN 55024 · (612) 463-7111 · Falt' (612) 463-2591
PRO P 0 SED
RESOLUTION
ACCEPTING DONATION OF $100 TO SENIOR CENTER
Pursuant to due call and notice thereof, a regular meeting of the City Council of the
City of Farmington, Minnesota, was held in the Civic Center of said City on the 15th
day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the Faith United Methodist Women have donated $100 to be used to help fund
Meals on Wheels for senior citizens who cannot afford to participate in the program;
and
WHEREAS, it is in the best interest of the City to accept such a generous donation.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the
donation of $100 to be placed in an account to help seniors who are unable to afford
participation in the Meals on Wheels Program.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 15th day of September, 1997.
Mayor
Attested to the ___ day of September, 1997.
City Administrator
SEAL
d2
TO:
Mavor, Councilmembers,
Cir;. Administratovfjlt
Lee Smick,
Planning Coordinator
FROM:
SUBJECT:
Nelson Hills Farm 6th
Addition Development
Agreement
DATE:
September 15, 1997
INTRODUCTION
The Development Agreement for Nelson Hills Farm 6th Addition has been drafted in accordance
with the conditions presented at the February, 1997 City Council meeting.
DISCUSSION
The Nelson Hills Farm 6th Addition Development Agreement requires the following conditions
to be agreed upon:
. the Developer enter into the Development Agreement;
. the Developer provide necessary security in accordance with the terms of the Agreement;
. the Developer agrees to resolve the soil erosion control issue with Mr. John Devney.
Additionally, the Water Board is in the process of negotiating acquisition costs for a well site on
this project. When those negotiations are complete, the Developer's Agreement will reflect the
agreement between Heritage Development and the Water Board. Council approval of this
agreement would be contingent on the resolution of the well site issue approved by the Water
Board and the Director of Public Works.
ACTION REQUIRED
Approve the execution of the development agreement and adopt a resolution authorizing its
signing; contingent upon resolution of the well site issue between Heritage Development and the
Water Board, the resolution of the soil erosion control issue with Mr. John Devney, and approval
by the Engineering Division.
Respectfully submitted,
'" j;;/;---~ ,~,
>r~,~~,
Lee Smick, AICP
Planning Coordinator
5d
CitlJ. of Farminf/.ton 325 Oak Street · FarminqtonJ MN 55024 · (612) 463-7111 · FaK (612) 463-2591
PRO P 0 SED
RESOLUTION
APPROVING DEVELOPMENT AGREEMENT
- Nelsen Hills Far.m 6th 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 Citv
en the 15th day of September, 1997 at 7:00 P.M.
l'!embers Present:
l'!embers Absent:
:.1ember
introduced and Member
seconded the following:
WHEREAS, pursuant to a resolution of the City Council the Nelsen Hills Farm
6th Addition preliminary plat and the signing of the final plat were approved
contingent upon, among other things, the signing of a development agreementi
and
WHEREAS, a development agreement is now before the Council for its
consideration setting forth, among other things, the following:
Surety
Surface Water Management Fees
,'later Main Trunk Area Charge
Sanitary Trunk Sewer Area
Park Dedication
~ater Treatment Plant Fee
Sealcoating
$827,422.00
$ 64,409.97
$
$ 23,290.41 CREDIT
$ .00
$ 19,740.00
$ 2,225.00
NOW, THEREFORE, BE IT RESOLVED that:
The aforementioned developer'S agreement, a copy of wn~cn is on file in the
Clerk's office, is hereby approved, contingent upon resolution of soil
erosion control issues between Heritage Development and Mr. John DevneYi and
resolution of the Water Board approved well site issue
The Mayor and Administrator are hereby authorized and directed to sign such
agreement.
This resolution adopted by recorded vote of the Farmington City Council in open
session en the 15th day of September, :997.
Ylayor
.:....ttes1:ed
'[he
day of
September,
:997.
SEAL
Clerk/Admin~strator
DEVELOPMENT CONTRACT
AGREEMENT dated this day of 19 ,by and between the City of
Farmington, a Minnesota municipal corporation (CITY) and Heritage Development, a
Minnesota corporation (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat
for Nelsen Hills Farm 6th Addition (also referred to
in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is
legally described as:
See Attached Exhibit A
2. Conditions of Approval. The City hereby approves the plat on the condition that:
a. the Developer enter into this Agreement; and
b. the Developer provide the necessary security in accordance with the terms of
this Agreement.
c. the Developer agrees to resolve the soil erosion control issue with
Mr. John Devney.
3. Development Plans. The Developer shall develop the plat in accordance with the
following plans. The plans shall not be attached to this
Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat.
If the plans vary from the written terms of this Contract, subject to paragraphs 6
and 31G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Final Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
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Developer shall use its best efforts to assure timely application to the utility
companies for the following utilities: underground natural gas, electrical, cable
television, and telephone.
4. Sales Office Requirements. At any location within the plat where lots and/or
homes are sold which are part of this subdivision,
the Developer agrees to install a sales board on which a copy of the approved plat,
final utility plan and a zoning map or planned unit development plan are displayed,
showing the relationship between this subdivision and the adjoining neighborhood.
The zoning and land use classification of all land and network of major streets
within 350 feet of the plat shall be included.
5. Zoning/Development Map. The Developer shall provide an 8 1/2/1 x 14/1 scaled map
of the plat and land within 350' of the plat containing
the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Required Public Improvements. The Developer shall install and pay for the
following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Site Grading and Ponding
j. Traffic Control Device&
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
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The improvements shall be installed in accordance with Plans A through F, and in
accordance with City standards, ordinances and plans and specifications which have
been prepared by a competent registered professional engineer furnished to the City
and approved by the City Engineer. The Developer shall obtain all necessary permits
from the Metropolitan Council and other agencies before proceeding with construction.
The Developer shall instruct its engineer to provide adequate field inspection
personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City
may, at the City's discretion and at the Developer's expense, have one or more City
inspector(s) and a soil engineer inspect the work on a full or part time basis. The
Developer or his engineer shall schedule a preconstruct ion meeting at a mutually
agreeable time at the City Council chambers with all parties concerned, including the
City staff, to review the program for the construction work. Within sixty (60) days
after the completion of the improvements and before the security is released, the
Developer shall supply the City with a complete set of reproducible "As Built" plans.
The Developer shall also supply the City with a 3.5" diskette containing the
following information in an Autocad Release l2 compatible format (.dwg or .dxf
files) :
- approved plat
- proposed utilities (storm sewer, water main, sanitary sewer)
- layer names should be self explanatory, or a list must be
included as a key.
If the Developer does not provide such information, the City will digitize the data.
All costs associated with digitizing the data will be the responsibility of the
developer.
7. Time of Performance. The Developer shall install all required public
improvements by October 31, 1998. The Developer may,
however, request an extension of time from the City. If an extension is granted, it
shall be conditioned upon updating the security posted by the Developer to reflect
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cost increases. An extension of the security shall be considered an extension of
this contract and the extension of the contract will coincide with the date of the
extension of the security.
8. Ownership of Improvements. Upon the completion of the work and construction
required to be done by this Agreement, and written
acceptance by the City Engineer, the improvements lying within public easements shall
become City property, except for cable TV, electrical, gas, and telephone, without
further notice or action.
9. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty
workmanship. The warranty period for streets is one year. The warranty period for
underground utilities is two years. If all improvements are installed by one
contractor, the warranty period shall commence after the final wear course has been
completed and the streets have been accepted by City Council resolution. If streets
and underground utilities are installed by separate contractors, the warranty period
on streets shall commence after the final wear course has been installed and accepted
by City Council resolution and the warranty period on underground utilities shall
commence following their completion and acceptance by the City. All trees shall be
warranted to be alive, of good quality, and disease free for twelve (12) months after
planting. Any replacements shall be warranted for twelve (12) months from the time
of planting. The Developer shall post maintenance bonds or other surety acceptable
to the City to secure the warranties. The City shall retain ten percent (10%) of the
security posted by the Developer until the bonds or other acceptable surety are
furnished to the City or until the warranty period has been completed, whichever
first occurs. The retainage may be used to pay for warranty work. The City standard
specifications for utilities and street construction identify the procedures for
final acceptance of streets and utilities.
10. Grading Plan. The plat shall be graded and drainage provided by the Developer
in accordance with Plan B. Notwithstanding any other provisions
of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if
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all fees have been paid and the City has been furnished the required security.
Additional rough grading may be allowed upon obtaining written authorization from the
City Engineer.
If the developer needs to change grading affecting drainage after homeowners are on
site, he must notify all property owners/residents of this work prior to its
initiation.
11. Erosion Control and Fees. After the site is rough graded, but before any
utility construction is commenced or building permits
are issued, the erosion control plan, Plan B, shall be implemented by the Developer
and inspected and approved by the City. The City may impose additional erosion
control requirements if it is determined that the methods implemented are
insufficient to properly control erosion. All areas disturbed by the excavation and
backfilling operations shall be reseeded forthwith after the completion of the work
in that area. All seeded areas shall be fertilized, mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan
and schedule, or supplementary instructions received from the City, the City may take
such action as it deems appropriate to control erosion. The City will endeavor to
notify the Developer in advance of any proposed action, but failure of the City to do
so will not affect the Developer's and the City's rights or obligations hereunder.
If the Developer does not reimburse the City for any costs of the City incurred for
such work within thirty (30) days, the City may draw down the letter of credit to pay
any costs. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control requirements.
The Developer is responsible for a $ 350.00 Erosion and Sediment Control fee based
upon the number of lots in the plat, plus inspection fees at the current rate of
$39.00 per hour as charged by the Soil and Water Conservation District. The
Developer is also responsible for a Water Quality Management Fee of $ 832.00 based
upon the number of acres in the plat.
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12. Landscaping. The Developer shall landscape the plat in accordance with Plan C.
The landscaping shall be accomplished in accordance with a time
schedule approved by the City.
13. Phased Development. The plat shall be developed in one (1) phase in
accordance with Plan A. No earth moving, construction of
public improvements or other development shall be done in any phase until a final
plat for the phase has been filed in the County Recorder's office and the necessary
security has been furnished to the City. The City may refuse to approve final plats
of subsequent phases until public improvements for all prior phases have been
satisfactorily completed. Subject to the terms of this Agreement, this Development
Contract constitutes approval to develop the plat. Development of subsequent phases
may not proceed until development agreements for such phases are approved by the
City.
14. Effect of Subdivision A~proval. For two (2) years from the date of this
Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service
area, or removing any part thereof which has not been final platted, or official
controls shall apply to or affect the use, development density, lot size, lot layout
or dedications or platting required or permitted by the approved preliminary plat
unless required by State or Federal law or agreed to in writing by the City and the
Developer. Thereafter, notwithstanding anything in this Agreement to the contrary,
to the full extent permitted by State law, the City may require compliance with any
amendments to the City's Comprehensive Plan (including removing unplatted property
from the urban service area), official controls, platting or dedication requirements
enacted after the date of this Agreement any may require submission of a new plat.
15. Surface Water Management Fee. The Developer shall pay an area storm water
management charge of $ 64,409.97 in lieu of the
property paying a like assessment at a later date. The charge shall be assessed
against the lots (not outlots) in the plat over a 10 year period with interest on the
unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may
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be assumed or prepaid at any time. The Developer waives any and all procedural and
substantive objections to the assessments including any claim that the assessments
exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall
be calculated and paid based upon requirements in effect at the time the Development
Contracts for those phases are entered into. Outlot A shall be deeded to the City
for stormwater management purposes.
16. Wetland Conservation and Mitigation. The Developer shall comply with the 1991
Wetlands Conservation Act, as amended, and
the Wetlands Mitigation Plan. The Developer shall pay all costs associated with
wetlands conservation and the Wetlands Mitigation Plan.
17. Water Main Trunk Area Charge. The Developer shall pay a water area charge
of $ 26,923.52 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed
against the lots (not outlots) in the plat over a ten (10) year period with interest
on the unpaid balance calculated at eight percent (8%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The
assessments may be assumed or prepaid at any time. The Developer waives any and all
procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal
rights otherwise available pursuant to MSA 429.081. Water area charges for
subsequent phases shall be calculated and paid based upon requirements in effect at
the time the Development Contracts for those phases are entered into. The Developer
shall receive a credit of $15,419.00 for water main oversizing and a credit of
$ for a well site (Lot 6, Block 3) resulting in A NET WATER MAIN TRUNK CHARGE
OF $
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee
of $ 19,740.00 for the plat in lieu of the property
paying a like assessment at a later date. The charge shall be assessed against the
lots (not outlots) in the plat over a ten (10) year period with interest on the
unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
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deemed adopted on the date this Agreement is signed by the City. The assessments may
be assumed or prepaid at any time. The Developer waives any and all procedural and
substantive objections to the assessments including any claim that the assessments
exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases
shall be calculated and paid based upon requirements in effect at the time the
Development Contracts for those phases are entered into.
19. Sanitary Sewer Trunk Area Charge. The Developer shall pay a sanitary sewer
trunk area charge of $ 21,815.04 for the plat
in lieu of the property paying a like assessment at a later date. The charge shall
be assessed against the lots (not outlots) in the plat over a ten (10) year period
with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City.
The assessments may be assumed or prepaid at any time. The Developer waives any and
all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal
rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for
subsequent phases shall be calculated and paid based upon requirements in effect at
the time the Development Contracts for those phases are entered into. The Developer
shall receive a credit of $11,723.00 for sanitary sewer trunk oversizing and
$1,264.64 for previous assessments against the property and credits from Nelsen Hills
Farm 5th Addition of $32,117.81, resulting in A NET SANITARY SEWER TRUNK CREDIT OF
$23,290.41. The City will reimburse the Developer for this credit when the sanitary
sewer work is complete and accepted by the City.
20. Park Dedication. The Developer shall pay a park dedication fee of
$ .00 in satisfaction of the City's park dedication
requirements for the plat. The park dedication fee shall be assessed against the
lots (not outlots) in the plat over a ten (10) year period with interest on the
unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may
be assumed or prepaid at any time. The Developer waives any and all procedural and
substantive objections to the assessments including any claim that the assessments
exceed the benefit to the property. The Developer waives any appeal rights otherwise
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available pursuant to MSA 429.081. The park dedication fees for subsequent phases
shall be calculated and paid based upon requirements in effect at the time the
Development Contracts for those phases are entered into. Outlot A shall be dedicated
to the City for a bike trail and pond purposes, to be constructed by the Developer
during the construction phase of the development.
21. Sealcoating. In lieu of assessing sealcoating three years from completion of
the road construction, the Developer agrees to pay a fee of
$ 2,225.00 for initial sealcoating of streets in the subdivision. This fee shall be
deposited in the City Road and Bridge Fund upon execution of this Agreement.
22. GIS Fees. The Developer is responsible for a Government Information System fee
of $ 1,087.60 based upon the number of lots within the subdivision.
23. Easements. The Developer shall furnish the City at the time of execution of
this Agreement with the easements to get storm water runoff from
this plat west into the north tributary of the Vermillion River. In addition, Outlot
A shall be dedicated to the City for stormwater ponding.
24. License. The Developer hereby grants the City, its agents, employees, officers
and contractors, a license to enter the plat to perform all necessary
work and/or inspections deemed appropriate by the City during the installation of
public improvements by the City. The license shall expire after the public
improvements installed pursuant to the Development Contract have been installed and
accepted by the City.
25. Clean Up. The Developer shall weekly, or more often if required by the City
Engineer, clear from the public streets and property any soil, earth
or debris resulting from construction work by the Developer or its agents or assigns.
All debris, including brush, vegetation, trees and demolition materials, shall be
disposed of off site. Burning of trees and structures shall be prohibited, except
for fire training only. Failure to keep the streets clean will be considered a
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Developer's Default as outlined in Paragraph 30 and 31B of this Agreement and the
Developer will reimburse the City as defined in said Paragraph 30.
26. Security. To guarantee compliance with the terms of this Agreement, payment of
real estate taxes including interest and penalties, payment of
special assessments, payment of the costs of all public improvements in the plat and
construction of all public improvements in the plat, the Developer shall furnish the
City with a cash escrow, irrevocable letter of credit, or alternative security
acceptable to the City Administrator, from a bank (security) for $ 827,422.00. The
bank and form of the security shall be subject to the approval of the City
Administrator. The security shall be for a period ending November 30, 1998. The
term of the security may be extended from time to time if the extension is furnished
to the City Administrator at least forty-five (45) days prior to the stated
expiration date of the security. If the required public improvements are not
completed, or terms of the Agreement are not satisfied, at least thirty (30) days
prior to the expiration of a letter of credit, the City may draw down the letter of
credit. The City may draw down the security, without prior notice, for any violation
of this Agreement. The amount of the security was calculated as follows:
Grading/Erosion Control $ 162,250.00 Monuments $ 8,400.00
Sanitary Sewer Lateral $ 97,350.00 St. Lites/Signs $ 20,800.00
Water Main $ 151,000.00 Blvd. Trees $ 36,900.00
Storm Sewer $ 54,516.00 Blvd. Sodding $ 25,960.00
Street Construction $ 229,746.00 Wetland Mitigation $
Two Years Principal and Interest on Assessments $ 40,500.00
This breakdown is for historical reference; it is not a restriction on the use of the
security.
27. Responsibility for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction
with the development of the plat, including but not limited to, Soil and Water
Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements and inspection expenses incurred in connection with approval
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and acceptance of the plat, the preparation of this Agreement, and all reasonable
costs and expenses incurred by the City in monitoring and inspecting the development
of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and
its officers and employees harmless from claims made by itself and third parties for
damages sustained or costs incurred resulting from plat approval and development.
The Developer shall indemnify the City and its officers and employees for all costs,
damages or expenses which the City may payor incur in consequence of such claims,
including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement
of this Agreement, including engineering and attorney's fees.
D. The Developer shall pay in full all bills submitted to it by the City within
thirty (30) days after receipt. If the bills are not paid on time, the City may halt
all plat development work until the bills are paid in full. Bills not paid within
thirty (3) days shall accrue interest at the rate of eight percent (8%) per annum.
28. Trash Enclosures. The Developer is responsible to require each builder to
provide on site trash enclosures to contain all construction
debris, thereby preventing it from being blown off site, except as otherwise approved
by the City Engineer.
29. Existing Tree Preservation. The Developer will walk the site with the City
Forester and identify all significant trees which
will be removed by on site grading. A dialogue between the Developer and City
Forester regarding alternative grading options will take place before any disputed
tree is removed. All trees, stumps, brush and other debris removed during clearing
and grubbing operations shall be disposed of off site.
30. Developer's Default. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work
and the Developer shall promptly reimburse the City for any expense incurred by the
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City, provided the Developer, except in an emergency as determined by the City, is
first given written notice of the work in default, not less than 72 hours in advance.
This Agreement is a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land. When the City does
any such work, the City may, in addition to its other remedies, assess the cost in
whole or in part.
31. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or
assigns, as the case may be.
B. Breach of the terms of this Agreement by the Developer shall be grounds for
denial of building permits, including lots sold to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this Agreement is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of rough site
grading, completion of utilities, installation of erosion control devices and
submittal of a surveyor's certificate denoting all appropriate monuments have been
installed. If permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents or
third parties. Normal procedure requires that streets needed for access to approved
uses shall be paved with a bituminous surface before certificates of occupancy may be
issued. However, the City Engineer is authorized to waive this requirement when
weather related circumstances prevent completion of street projects before the end of
the construction season. The Developer is responsible for maintaining said streets
in a condition that will assure the access of emergency vehicles at all times when
such a waiver is granted.
E. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers
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shall be in writing, signed by the parties and approved by written resolution of the
City Council. The City's failure to promptly take legal action to enforce this
Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the
plat is not of "metropolitan significance" and that an environmental impact statement
is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, that the Developer shall prepare it in
compliance with legal requirements so issued from said agency. The Developer shall
reimburse the City for all expenses, including staff time and attorney fees, that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City
that the plat complies with all City, County, Metropolitan, State and Federal laws
and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the plat does
not comply, the City may, at its option, refuse to allow any construction or
development work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title
to the property. After the Developer has completed the work required of it under
this Agreement, at the Developer's request the City will execute and deliver a
release to the Developer.
I. Developer shall take out and maintain until six months after the City has
accepted the public improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may
arise out of the Developer's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury or death
shall not be less than $500,000.00 for one person and $1,000,000.00 for each
occurrence; limits for property damage shall not be less than $200,000.00 for each
occurrence. The City shall be named as an additional named insured on said policy,
and Developer shall file a copy of the insurance coverage with the City prior to the
City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
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K. Upon breach of the terms of this Agreement, the City may, without notice to
the Developer, draw down the Developer's cash escrow or irrevocable letter of credit
as provided in paragraph 26 of this Agreement. The City may draw down this security
in the amount of $500.00 per day that the Developer is in violation. The City, in
its sole discretion, shall determine whether the Developer is in violation of the
Agreement. Subject to the provisions of paragraph 30 hereof, this determination may
be made without notice to the Developer. It is stipulated that the violation of any
term will result in damages to the City in an amount which will be impractical and
extremely difficult to ascertain. It is agreed that the per day sum stipulated is a
reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct
Plans A-F during the following hours of operation:
Monday - Friday
Saturday
Sunday
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24 hour basis such as
dewatering, etc. Any deviation from the above hours are subject to approval of the
City Engineer.
M. The Developer is responsible to require each builder within the development to
provide a Class 5 aggregate entrance for every house that is to be constructed in the
development. This entrance is required to be installed upon initial construction of
the home. See City Standard Plate No. 362A for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of
twelve inches (12/1) on vacant lots or boulevards within their development as per City
Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 and 31B of this Agreement and the Developer will reimburse
the City as defined in said Paragraph 30.
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32. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the
Developer by certified or registered mail at the following address:
John Dobbs
Heritage Development
450 E. County Road D
St. Paul, MN 55117
Notices to the City shall be in writing and shall be either and delivered to the City
Administrator, or mailed to the City by certified mail or registered mail in care of
the City Administrator at the following address:
John F. Erar, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
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SIGNATURE PAGE
CITY OF FARMINGTON
By: Gerald Ristow, Mayor
By: John F. Erar, City Administrator
DEVELOPER: HERITAGE DEVELOPMENT
By:
Its:
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota
55024
(612) 463-7111
16
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
19_____ by Gerald Ristow, Mayor, and by John F. Erar, City Administrator, of the City
of Farmington, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
19 by John Dobbs, the of Heritage Corporation, a
corporation under the laws of Minnesota, on behalf of the corporation.
Notary Public
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LEGAL DESCRIPTIONS
(FOR PROPOSED NELSEN HILLS FARM 6TI1 ADDITION)
LOTS TO BE PL4\TTED
Outlot G, Nelson Hills Farm 5th Addition according to said plat on file and of record in the
office of the County Recorder, Dakota County, Minnesota, EXCEPT that part described as
beginning at the Southwest corner of said Outlot G; thence North 0 degrees 05 minutes 38
seconds East on an assumed bcnring along the west line of' said Outlot G, 1630.39 feet to the
Northwest comer of said Outlot G~ thence South 89 degrees 54 minutes 17 seconds East, along
the north line of said Outlot 0, 99.59 feet; thence South 69 degrees 38 minutes 29 seconds East,
along said north line, 104.76 feet; thence South 86 degrees 37 minutes 49 seconds East. along
said nonh line, 91.76 feet; thence South 60 degrees 46 minutes 24 seconds &st, along said nonh
line, 240.16 feat; thenlZe South 85 degrees 07 minutes 10 seconds East, along said north line,
55.36 feet; thenco South ]4 degrees 33 minutes 17 seconds East, along said north line, 43.25
feet; thence South 62 degrees 53 minutes 4S seconds East, along said north line, 80.00 fcet~
thence Soulh 7J degrees 37 minutes 09 seconds East, along said north line, 148.72 fcct~ thence
South 17 degrees 34 minutes 46 seconds West 61.65 feet~ thence South 24 degrees S9 minutes 31
~econds West 86.29 feet~ thence South 09 degrees 24 degrees 37 seconds East 71.53 feet; thence
South 17 degrees 34 minutes 46 seconds West 262.70 fcct~ thence South 16 degrees 06 minutes
38 seconds East 72.11 feet; thence South 17 degrees 34 minutes 46 seconds West 133.27 feet;
thence North 77 degrees 03 minutes 2S seconds West 12.39 feet; thence South 07 degrees 01
minutes 56 seconds West 342.61 fect; thence North 89 degrees 34 minutes 36 seconds BMt \4.04
feet; thence South 0 degrees 2S minutes 24 seconds East 345.32 feet to the south line of said
Outlot G; thence South 89 degrees 34 minutes 3S seconds West. along said south line, 599.66
feet to the point of beginning.
OUTLOT B - TO BE REPLATrED IN FUfURE
Outlot G, Nelson Hills Farm 5th AddiCion according to said plat on file and of record in the
office of the County Recorder, Dakota County, Minnesota, described as beginning at the
Southwest corner of said Outlot G; thence North 0 degrees OS minutes 38 seconds East on an
assumed bearing along the west line of said Outlot 0, 1630.39 feet to the Northwest comer of
!laid Outlot 0; thence South 89 degrees S4 minutes l1 seconds EaSl, along the nol1b line of said
Outlot G, 99.59 feet; thence SOlIth 69 degrees 38 minutes 29 saconds East, along said north line,
104.76 feet; thcnco South 86 degrees 37 minutes 49 seconds East, along said north line, 91.76
fecI; thence South 60 degrees 46 lninutes 24 seconds East, along said north line, 240.16 feel;
thence South 8S degrees 07 minutes 10 seconds East, along said north line, 55.36 feet; Ihence
South 14 deg~es 33 minutes 17 seconds East, along said north line, 43.25 feet; thence South 62
degrees 53 minut~s 45 seconds East, along said north line, 80.00 feet; thence South 7\ degrees
37 minutes 09 seconds East. along said north line, 148.72 feet; thence South 17 degrees 34
minutes 46 seconds West 61.65 feet; thence South 24 degrees 59 minutes 31 seconds West 86.29
feet; thence South 09 degrees 24 degrees 37 seconds Enst 71.53 feet; thence South 17 dcsrees 34
mlnu(:eg 46 seconds West 262.70 feet; thence South 16 degrees 06 minutes 38 seconds East 72.11
feet; thence South 17 deGrees 34 minutes 46 seconds West /33.27 feet; thence North 77 degrees
03 minutes 25 seconds West 12.39 feet; thence South 07 degrees 01 minutes 56 seconds West
342.6J feet; thence North 89 degrees 34 minutes 36 seconds East 14.04 feet; thence South 0
dogrees 2S minutes 24 seconds East 345.32 feet to the south line of said Outlot G; thence South
89 degrees 34 minutes 35 seconds West, along said south line, 599.66 feeL to the point of
beginning.
5e
TO: Mayor, Councilmembers and City
Administrator ~
I
FROM: James Bell
Parks and Recreation Director
SUBJECT: Approving Submittal of an Application
for Landfill Abatement Funds from
Dakota County
DATE: September 15, 1997
INTRODUCTION
Dakota County has provided landfill abatement funding assistance to communities ill Dakota
County since 1989.
DISCUSSION
Dakota County Board Resolution No. 88-651 states that the County's portion of funding of
recycling implementation and operating costs incurred by cities and townships will be through
performance based funding. Communities over 5,000 population are eligible to receive a $5,000
base per community plus $1.60 per household, based on 1996 household estimates.
BUDGET IMPACT
The 1998 maximum reimbursement for Farmington is $9,899.
RECOMMENDATION
To approve the attached resolution approving submittal of a grant application to Dakota County.
Respectfully Submitted,
J '~,?j
-' '
........ ......- ... '
J ames Bell
Parks and Recreation Director
CitlJ. of Farminf/.ton 325 Oak Street · Farminqton, MN 550211 · (612) 1163-7111 · FaK (612) 1163-2591
Proposed RESOLUTION NO. R -97
APPROVING AN APPLICATION FOR
LANDFILL ABATEMENT FUNDING ASSISTANCE
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 15th day of September, 1997 at 7 :00 PM.
The following members were present:
The following members were absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, according to Dakota County Board Resolution No. 88-651, Dakota County presently provides
funding assistance for landfill abatement activities based on performance based funding; and
WHEREAS, the City presently has an integrated resource recovery system of which curbside pickup of yard
waste and recyclables are major components, and would be eligible for funding under the County program.
NOW THEREFORE, BE IT RESOLVED that the application for Dakota County Landfill Abatement
Funding Assistance, acopy of which is on file in the office of the City Clerk, is hereby approved.
BE IT FURTHERRESOL VED that the City Administrator is hereby authorized and directed to execute and
forward the application for Landfill Abatement Funding Assistance.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of
September, 1997.
Mayor
day of
,1997.
Attested to the
Clerk! Administrator
SEAL
73
TO:
Mayor, Councilmembers and
City Administrator ~
FROM:
Daniel M. Siebenaler
Chief of Police
SUBJECT:
Capital Improvement Purchase
Squad shotguns
DATE:
September 15, 1997
INTRODUCTION / DISCUSSION
The 1997 Budget provides for the replacement of 2 squad shotguns. The City Council may recall that in
1996 the Police Department was required to replace one shotgun as a result of internal failure. The
remaining two guns are the same age and condition as the one replaced earlier.
Two new shotguns are immediately available for a purchase price of$690,OO.
BUDGET IMPACT
The purchase price of two shotguns is within the budgeted amount in the 1997 Budget.
ACTION REQUESTED
Information only.
Respectfully submitted,
Daniel M, Siebenaler
Chief of Police
Sf
CitlJ. of Farminf/.ton 325 Oak Street · FarminqtonJ MN55024 · (612) 463-7111 · FaK (612) 463-2591
TO:
Mayor, Councilmemb,gs
City Administrator,:,1k---
I
James Bell, Parks and Recreation
Director
FROM:
SUBJECT:
Ice Arena Advertising
DATE:
September 15, 1997
INTRODUCTION
Staff has studied advertising rental space at the Ice Arena.
DISCUSSION
Staff contacted the ice arenas in Apple Valley, Eagan and Rosemount regarding their advertising rental
space. All three cities are selling space through Key Design, which is located in Eagan, Total advertising
income varies by the number of signs sold. Each arena is receiving $500 / year / sign.
The program that Key Design offers ice arenas is as follows:
. Key Design sells the ads.
. Key Design produces the signs and bills the advertiser for the sign construction.
. The ice arena bills the advertiser for the rental space and receives the entire rent.
Staff is negotiating a contract with Key Design similar to the contracts with other cities. The City's legal
counsel suggests a 30 day notification of cancellation by either party and staff approval of advertisers and
sign content. These suggested items will be added to the contract.
BUDGET IMPACT
The initial space available at the City's Ice Arena will generate an additional $7,500 per year. Future
areas will be considered if the program is successful.
RECOMMENDATION
Council approval of advertising on the ice arena walls.
Respectfully submitted,
\
\ ~ ,0(;1
-~~~----- ~~..::-..:--- ------
James Bell
Parks and Recreation Director
5)
City of Farminf/.ton 325 Oak Street · FarminfJton, MN 55024 · (612) ~63-7111 · FaK (612) ~63-2591
5h
FROM:
Mayor, Councilmembers
City Administrator.-/~
James Bell, Parks and Recreation
Director
TO:
SUBJECT:
Approve Revised Donations Policy
DATE:
September 15, 1997
INTRODUCTION
The Parks and Recreation Commission (P ARAC) reviewed the donations policy in relation to possible
donations to the various parks.
DISCUSSION
After reviewing the donations policy, P ARAC requested Council consider adding to the policy. Attached
are the recommended additions. Staff has underlined the additions for Council convenience when
reviewing.
The second attachment is a copy of the proposed City Donation List for 1997/1998.
ACTION REQUESTED
Approval of the additions to the City Donation Policy.
Respectfully submitted,
,J., ~1~_
James Bell
Parks and Recreation Director
City of Farminf/.ton 325 Oak Street · Farminqtonl MN 550211 · (612) 1163-7111 · FaK (612) 1163-2591
Donations Policy
Items donated to the City should meet certain criteria established by the City Council. The
item shall meet one of the following criteria:
1, Item shall appear on the 5 year C.I,P,
, Item shall appear on the City's master plan or map.
3, Item shall appear on the department's master plan or map,
-J., If not on one of the above, it shall be considered by the City Council before the
Department Head actively pursues the item.
*:" Cash donations for items must meet the above criteria,
*6, Final decision on desi~n of an item will be with the appropriate staff and advisorY
board, The public may have input when considerin~ the desi2:n.
In addition to the criteria above, items should be presented to the City Council with the
following information:
I, A prepared statement as to future expenditures regarding the item and how it is to be
funded.
'1 How and when the item will be used.
3. Does the item have any stipulations attached, i, e" signage, use, etc,
* Denotes new revisions to Donation Policy
CITY DONATIONS LlST-1998
Parks & Recreation
1, Parks
a, Picnic tablesl grills
b. Benches
c. Flowers
d, Wildlife feedersl shelters
e, Lighting
f. Rink complex items
g, Signsl planters
h. Playground equipment
I. Fencing
j, Ballfield restrooms
2, Pool
a, Activities sign
b,Water toys ( basketball. volleyball. hoops
c. Water play equipment 1 wading pool
3, General recreation
a, Laser printer
b, Computer scanner
-1-, Arena
a. Team room ammenities
b. Popcorn popper
5, Senior center
a. Cameral camcorder
b, Entertainment center & equipment
c. P.A. system
d. Kitchen supplies
e, Building maint. & furnishings
f. Card tables
6, Middle School rinks
a, Rest room fixtures
b, Water truck 8/19/97
Administration
1, ChrisUDas lights & decorations
2, Trash receptacles
3, Benches
-1-, HPC display case
Finance
1, Check signer
Firel Rescue
1, Cellular phone
2, Handheld radios
3, Mobile radios
-1-, Pagers
5, Apparatus funding
6, Air bags
'7, Oxygen unit! breathing apparatus
8, Training aids
9, Uniforms
10. Hurst tool & apparatus
11. Haz. mat equipment & supplies
12. Banquet tables & folding chairs
13. Computer printer
Police
1, Civil defense siren
2. Gator
3, Public address system
-1-, DAR.E.
5, Firearms training equipment
6, Cellular phone air time
/, Bullet proof vests
8, Office furniture & equipment
9, Snowmobiles
Forestrv
1. Trees
2. Chain saws
3, Water truck
-1-, Ladder truck
5, Telescoping pruner
Public works
1, Trash receptacles
2. Planters
5i
TO: Mayor, Councilmembers, City
Administrator f:JC-
FROM: Karen Finstuen, Administrative
Service Manager
SUBJECT: City Participation in County Auction
DATE: September 15, 1997
INTRODUCTION
Dakota County is holding a public auction to dispose of surplus equipment and has asked the
City to participate.
DISCUSSION
The auction is scheduled to take place on Saturday, October 4, 1997, on the grounds of the
Highway garage on County Road 47 in Hastings.
Items to be sold include a police vehicle, bicycles, numerous items acquired through police
confiscation and other surplus pieces of equipment.
BUDGET IMPACT
Proceeds from this auction will have a positive impact on the budget. The County is currently
waiting for competitive proposals from auctioneers, therefore, we have not received a
commission rate at this time. The city will receive a proceeds check minus commissions and
fees within 10 days after the sale.
ACTION REQUESTED
Council approval to participate in County Auction to be held October 4, 1997.
Respectfully submitted,
)lvU-.- j~
Karen F instuen
Administrative Service Manager
Citlj. of Farminf/.ton 325 Oak Street · Farminqton, MN 5502~ · (612) ~63-7111 · FaK (612) ~63-2591
FROM:
Mayor, Councilmembe~1J
City Administrator~~~
/
Ken Kuchera, Fire Chief
5'
J
TO:
SUBJECT:
Sealing Exterior Block at
Fire Hall
DATE:
September 15, 1997
INTRODUCTION/DISCUSSION
The manufacturer suggests the exterior block walls of the fire station be sealed
every five years. The block was last sealed in 1992.
Quotes for sealing the exterior block walls were requested, which resulted in
receipt of two proposals.
BUDGET IMPACT
The 1997 Budget contains $5,000 to have this work done. The low quote of
$4,395.00 was submitted by A.J. Spanjers Company. Therefore, adequate funding
is available to have the work done.
RECOMMENDATION
Accept the quote of A.J. Spanjers Company to seal the exterior block walls of
the fire station.
Respectfully submitted,
.{y~,I<;:lL~_____
Ken Kuchera
Fire Chief
FD2
CitlJ. of Farminf/.ton 325 Oak Street. Farminqton, MN 5502~ · (612) 463-7111 · FaK (612) ~63-2591
REQUEST FORM
CAPITAL OUTLAY PURCHASES
DEPARTMENT
Q
AMOUNT
ORIGINAL/ADJUSTED
~
$ ,~ ooCJ
.
::;;- () ~ tJ
.
AMOUNT REMAINING AS OF DATE OF REQUEST:
$
1.
, DATE 91.1Itp?
ATE "J~jC;7
, , I
AMOUNT $ f31 S', MJ
AMOUNT $ S fR 'Is' (' iJ
,
2.
EXPLAIN BELOW
COMMENTS :)<~ ~
~~~~.
A.-0 .Sp~.us ~"'I;;u -to ~
Cfkk7~
[)'Aft"" I FINANCE DIRE TOR SIGNATURE
fJ; );7
DATE
TO: THE MAYOR AND COUNCIL
I RECOMMEND THE ABOVE REQUEST BE APPROVED.
SIGNATURE OF CITY ADMINISTRATOR
DATE
19_
ACTION TAKEN BY THE COUNCIL ON THE
DAY OF
(A?flROVED)
(NOT APPROVED)
FILE:
CC:
5-1)
TO: Mayor. Councilmembers, City
Administrator 4lt.-
I
FROM: Lee M. Mann, P.E.,
Director of Public Works/City Engineer
SUBJECT: Railroad Crossing Improvements at Elm
Street.
DATE: September 15, 1997
INTRODUCTION
At the September 2, 1997 City Council meeting the Council executed the Agreement for the
Railroad Crossing Signal improvements at the Elm Street crossing. The purpose of this memo is to
clarify the extent of the improvements that are proposed.
DISCUSSION
The Railroad Crossing Signal improvements proposed at Elm Street include a two-gate, cantilever,
signal system. This system would consist of one gate on the east side of the tracks that would come
down to block the westbound traffic and one gate on the west side of the tracks that would block the
eastbound traffic. It has come to my attention that a four-gate cantilever signal system had been
discussed in the past at the staff and Council levels. A four gate system would block all lanes on
either side of the tracks and prohibit vehicles from going around the gates. In light of this, staff
contacted the Railroad and the Department of Transportation to find out if a four gate system is an
option.
Jim Krieger in the engineering department at the railroad had no recollection of any discussions
regarding a four-gate system at Elm Street. He also said he checked with his staff that were in his
department prior to his arrival and confirmed that no plans were in place to put a four-gate system at
Elm Street. He went on to say that the Railroad is not in favor of four-gate systems because they
feel that a four-gate system can cause an additional safety hazard since a vehicle can get trapped
inside the gates. He cited a recent example in Milwaukee where this had happened, resulting in
fatalities. In his opinion, a four-gate system is not an option at this time.
Staff also contacted Tim Spencer at the Department of Transportation and he also had no recollection
of a proposal for a four-gate system at Elm Street. He said that four-gate systems are in the
experimental stage in Minnesota and currently there are no four-gate systems in the State. Other
cities are also interested in four-gate systems because of the possibility that a four-gate system might
help to resolve the train whistle issue. Studies may show that with a four gate system trains will be
CitlJ of FarminfJton 325 Oak Street. Farminqton, MN 55024 · (612) 463-7111 · FaK (612) 463-2591
able to minimize use of their whistles. He went on to say that the estimated cost for a four gate
system is approximately $250,000.
Based on the information received from the Railroad and the State, a four-gate system at Elm Street
is not an option at this time. The two-gate system is an opportunity to begin to address the safety
issues at the Elm Street crossing. Staff will continue to monitor the progress of the State and the
Railroad's studies on the issue of four-gate railroad crossing signal systems and provide the Council
with updates as information becomes available.
RECOMMENDATION
This memo is for information only.
Respectfully submitted,
~ /YI 7J'~)
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
TO:
Mayor, Councilmembers,
City Administrator?/
James Bell, Parks and Recreation
Director
FROM:
SUBJECT:
Lease Renewal at ABH Properties.
DATE:
September 15, 1997
INTRODUCTION
The City has been leasing the building at 3360 - 220th Street from ABH Properties for 4-1/2 years.
DISCUSSION
The City has leased this building to house the Parks and Recreation Department's Solid Waste Division.
In addition, the Street and Utility Division utilizes a portion of the building for storage. This lease
arrangement has worked very well for the City.
A copy of the 1997 lease is attached. Mr. Hanson, the property owner, has proposed to keep all terms of
the agreement the same with an extension of the date to September 30, 1998. The rent will remain at
$1,890/month for 1998, An increase to $2,000/month for subsequent years is included in the agreement.
BUDGET IMPACT
Building lease expenditures are included in the 1997 and 1998 budgets.
RECOMMENDATION
Approve the extension of the lease with ABH Properties on the property at 3360 - 220th Street until
September 30, 1998.
Respectfully submitted,
~'- ~~,
James Bell
Parks and Recreation Director
cc: Robin Roland, Finance Director
Ben Klotz, Solid Waste Supervisor
S(
CitlJ. of Farminf/.ton 325 Oak Street. Farminqton, MN 5502fJ · (612) fJ63-7111 · FaK (612) fJ63-2591
flE-tI. EST I T/, I.F. IS/"
I'hi~ I l'~'e AI;le,'mellt (I hi~ "I,e~~e") i~ made r11ecti,e as "f I)r;[..... _/___., I \)(l7, by and between ABII Propertie~, a i\ lilllle~I1ta
Partller~hip, ("l.l'~~or"), alld City of I'armington, i\ Minne~ota Municipal Corp.. ("Lessee") The parties agree a~ ((JII",v~
1. I'IU~I\"SF:S: I e~~or, ill con~ideration of the lea~e payments provided illlhi~ L.ease, lea~e~ to l.e~~ee The 12iJ:X ~() bllildillg
lI1cated 011 the Sputh 1/2 ol'the p"'perly at 3.160 220th St. W, Farmington, l\-lN )';02,t, togethcr wilh Ihe adil1illillg I~II(I (("
,11 ivcwav and parking as ~ho\Vn on the diagram attached herelo as Exhibit "A"
2. FI'HNISIIIN(;S: The lease of the Premises includes the lilrnishings listed as li,llows, Air compressor illstalled ill buildilll,t
I,csscc shalllC'lurn all slIch items at the end of the Il'<lse term in a condition as good as the conditioll at the hl'~inl1il1g of I he Ie;lse
k,m, ('\cept lilr such deterioration that might resultliomnormalu~e of the lillnishing~,
3, TFH:\l: I'he lease term will begill on October I, 1997 and willlermillale on September .10, I""R
~, IU::"II~WAI. TrHMS: Thi~ l.ea~e shall automatically renew lill' an additional period of I Year pel rencwal tellTl, 1II,le"
either party give~ written nolice of the termination no later than 90 days p,ior to the end oftbe term or ,ellewal terlll I'be lease
terms during anI' ~uch lelleIVal tellTl shall be the ~ame as those contailled in this Lease except Ibattbe lease paymellt ~ballll(' ;,~
c<,llcd out in pamgraph No ) Jilllowing, Maximllm of two (2) automatic renewals,
S. LEASF: 1''-\' :\IENTS: Lessee shall pay to Lessor monthly payments of $ I,R90 ()O per 1l11111th, I'm the lirst Olle ( I) \ ear of
this lea~e, and $ 200000 per month tilr allY and all automatic extension years of this lease, payable in advance on the li"t dav Ill'
each month Lease payments ~hall be made to the Lessor at the address called out ill paragraph No 2' followillg
(,. II01.l)()VEH: If Lessee maintains possession of the Premises nll allY period aller the termination of this l.case, illdudim~
aulom:llic extensions, ("lloldoyer Period"), Lessee ~hall pay 10 Lessor a Icase payment for the Iloldover Period hased on
II00P 0;, of the normal payment rate setfiHth inlhe filllowing Lease Payments paragraph, Such holdover shalll'onstitllll' a
monlh tllmonlh e~tension of this Lease,
7. 1 ,,\TE rA Yi\lENTS: Lessee shall pay a late lcc 01'$40,00 for each pavmcnttbat is not paid wilhin IPllaY's aller thl' dill'
dale Ii" such pavment.
R, NON-SIIF....CIF:NT F\lNnS: Lessee shall be charged $2~OO Jill' each check that is rei limed ,t.o I,essor lill lack "I'
sullicientlimds lhis Ii.'e shall he in addition to the ahove late payment lee,
9, I'OSSESSIO:"l: Tenant shall he entitled to possession on the first day oftha term of this Lease, and shall yidd possessionlo
Lessor on the last dav oflhe term of this Lease, unless otherwise agreed by holh parties in writing, Lessee shallnotil" Lessor "I'
any anticipated e"tended ahsence Ii-om Ihe Premises nollater than the lirst day of the e\lended ahsence
1 (I, I 'SI': OF I'REl\lISF:S: I,essee may use the Premises only for maintenance, parking & ~torage of I,essee's vchides and
equipment rhe Premises may he used lill any other purpose only with the prior wrillen consent of I,essor, which shall nol he
unreasonably withheld, No use shall he made or permitted to be madeupon the premises,mnor acts done, which will increase
the existing rate of insurance IIpon the property, or cause cancellation of insurance policiescoyering said propertv,
II. MAINTENANCE. HF:I'AIHS. ALTERATIONS: Lessee acknllwledges Ihalthe premises are in good order and repair,
unlcss otherwise indicated herein Lessee shall at his own expense and at all times, maintain the premises in good and sate
condition, includinl,t electrical wiring, plumbing and heating installations and any other system or equipment upon the premises
and ~hall surrender the same, at termination hereof: in as good condition as received, normal wear and tear excepted, Lessee
shall he responsible 1<" all repails required, excepting ROOF, STRUCTlIRAI. REPAIRS, OR REPLACFMENT OF ANY
IIEAIING, VENTILATING, OR AIR CONDITIONINq EQUIPMENT, which shall be replaced by Ihe Lessor Lessee shall
also maintain in good condition such portions adjacent to the premises, such as sidewalks, dlivewaY~, lawns and shrubberv,
\\ hich \\'llllld otherwise be required to be maintained by Lessor
12. IU:i\I0IlELlNG OR STIWCTlJRAL IMrIH)VEMENTS: I.essee shall have the obligation to conduct any conslructi"n
or remodclinl,t (al l.essee's e~pense) that may be required to use the Premises as specilied above Lessee may also construct
~uch li\lures on Ihe Premi~es (atl.essee's expense) that appropriately facilitate its use for such purposes, Such construction
~hal1 be undertaken and such I1xtures maV be erected only with the prior written con~ent of the Lessor which shall not be
unreasonably wilhheld At the end of the lease term, Lessee shall be entitled to remove (or at the reque~t of Landlord shall
rcnro\iel such I1xtllles, and shall restOle Ihe Premises to substantially the same condition of the Premises at the commcncemenl
of I his l.ease
13, OIUHNANCF:S ANI) STATUTES: Lessee sball comply with all statutes, ordinances and requirements of all municipal,
state and federal authorities now in lorce, or which may herealler be in ti.)rce, pertaining to the premises, occasioned by 01
allecling the use thereof by Lessee, The commencement or pendency of any slate or federal court abatement proceeding
alll-l'ting Ihe use of the premises shall, at the option of the Lessor, be deemed a breach hereof
I~. ,\CCESS IIY LANIlLOHn TO rHF:I\1ISES: Snbjectto Lessee's consent (which shall nol he unreasonablv withhddl.
Landlord shall ha'e the right to enter the Premises to make inspections, provide necessary services, or show the IInit to
pro~pective buvers, mortl,tagees, tenants or workers As provided by law, in the case of an emerl,tencv, I.andl"nl mav ente! the
Pr(,l11i~('s without Lessee's consent
15, l'nUTIES AN\) SEHVICES: I.essee shall be responsible for payment "c and mainlenallcl' nfalllltilitil's alld service~ in
cOllnection \\,;.h the Premises l
1(,. I'HOI"~I{TY INSlmANCF:: Lessor and Lessee shall each be resronsibl~ to mailltain appropriate in~"'ance ""'Iheir
respective interests in the Premises and propertv located on Ihe Premises,
17. LI,\BlLlTY INSIII{,\NCE: Lessor shall maintain liability in~urance coverage for Lessor only, in a total agl,tregate sum "I'
at least $,00,000.
IR. IN IH:I\I NITY HEGAHUING LISE OF I'HEMISES: Lessee agrees to indemnili', hold harmless, and dclend Lessor li","
and al!ainst anv alld all losses, claims, liabilities, and expenses, including reasonable attorney fees, if anI', which Lessor nlav
slIller or incur in ronnection with Lessee's use or misuse of the Premises
19. I),\NGEROIIS I\1ATIQUALS: Lessee ~hallnol keep or have on the Premises any article or thing of a dangerous,
inllammable, or explosive character that might suhslantiallv increase the danger of fire on the Premises, or that might be
consider cd hazardous hy a responsible insurance companv, unless the prior w, itten rOIl~ent "I' I,essol is "htained and p",,,r \'1'
adequate insurance plOtecti"n is provided by Le~see to Lessor.
20. I\IECIIANICS L1F:NS. Neither the Lessee 1I0r anyone c1aimilll,t tlllOlll,th the Lessee shall have ,he ""iii '" ,;", I
liens Of an" olher kind of lien onlhe Premises ~lnd the filing of this Lease constitutes notice th:-tl "IH:11 11(""
I.t'ssee a~rccs tn ( I) give actual advance notice 10 (lIlV cOlltr<lctors. suhconlrflctors {1r stlpplicl ,; ,,' t.
I ill' ,
I, ,"
such liens "ill not be nlid, and (2) take whatever additional steps that arc necessary in order to keep the premises lice of all
liens resultin~ li'om ['"nstruction done hy or for the Lessee
21. I)EFAtILTS. lessee shall he in default of this Lease. if Lessee fails to Illllill any lease ohligation or term bv "hich Lessee
is bound Subject to any governing provisions of law to the contrary, if lessee lails to cure anv tinancial obligation withinHl
davs (or any other phligation within 30 days) aileI' ,nittennotice of such default is provided by lessor to Lessee, Lesso, mal'
take, possession of the Premises without ftlllher nOlicc, and without prcjudicing Lessor's rights to damages, In the alternative,
I,essor mal' elect to cure any def.1ult and the cost of such action shall be added to Lessee's linancial obli~ations under this I.l'ase
lessee shall pay all costs, damages. and expenses snlrered bv lessor hy reason of Lessee's defaults All sums of monev or
chnrg.cs required In be pnid hy Lessee under this I.ease shall ht~ "dditiol1nllcl1t, \vhether or not such Stlll1S or chaqll'S all'
dcsi~lIntcd as "additit.'HI,,1 rcnl"
22. INSOI.VF:NCY: In the eventlhat a receiver shall be appointed to lake over the business of the lessee, ,11 in the event tl1<1t
the Lessee shall make a general assignmellt for the henelit ofcreditOls, or Ll'ssee shall take or sutler anv actionulll]er anv
insolvencv or banklllPtcy act. the same shall constitute breach of Ihis lease by (,essee,
23. ASSIGNI\U:NT ANI) SIIIlLE:TTING: Lessee shall not assign or sublet this lease or suhlet any portion "I' the premises
w;thout prior written consent of the Lessor. which shallnol be unreasonably wilhheld, Any such assignment <'I subletting
without consent shall he void and. at the option of the I.essor, may teflninate this lease,
H. I>ESTIHI('TION: Inlhe evenl ofa partial destruction of the premises during the term hereof: 1(1IIn anI' cause, l.essOl shall
l(,.-tl1\\-ith repair the same, provided Ihat such repairs can be made within sixtv (60) days nnder existing governmental laws and
regulations, but such partial destlllction shall not terminate this lease, except thai Lessee shall he entitled to a pH)porlionale
rednelion of rent while such repairs arc heing made, based uponlhe extent to which the making of such repairs shall intedele
with the business of I,essee on the premises, If such repairs cannot be made within said sixly (60) days. Lessor, at his option,
may make the same within a reasonable lime. Ihis lease conlinoing in elrect wilh the rent proportionately ahated as aforesaid, and
in the event that (,essor shall not elect to make such repairs which cannot be made within sixty (hO) days, this lease may be
ter minated at the oplion of eilher party
In Ihe event that the building in which the demised premises may be situated is destroyed to an extent of not less than
one.th;HI of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be inillled or
npt ;\ tOlal destl1l~lion of the huilding in which the premises may Iw situated shall terminate this lease
In the ewnt of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall be settled
hy (lrhilmlioll in slIch a manner as the P:UtiC5 may agree upon, or it'thcy cnunol pgrec. in accordance with the rules of the
American Arhitration Association, ,
25, NOTleF:: Notices under this Lease shall nol be deemed valid unless giveri or sl'ryed in writing and forwalded by mail.
posta!le prepaid, addressed as l()lIows
1.I':sson: ,\IIIIPrnperties
00 Dick Ilansen
,j,IR2 Clover Lane
Fagan, Minnesota SS024
LESSEI'::
City of f'armington
.12S Oak SL
Farmington, Minnesota SS024
Such add.esses mal' be changedliTlIn time to time bv either parly by providing notice as set l(nth above
26. ENTlnF: A(;I{F:EMENT/AI\H:N()l\lI-:NT: Tbis Lease Agreement conlains the entire agreement of the parties and there
ale no other promises or conditions in any other agreement whether oral or written This Lease mav be modi lied or amended in
writing, if the writing is signed by the party ohligated under the amendment.
27. SI':VEI{AIlII.ITY: If any portion of this Lease shall he held to be invalid or unenl(lrceable for anI' reason. the remaining
provisions shall continue 10 be valid and enforceable, If a court linds that any provision of Ihis Lease is invalid or unenl<lrceable,
but thai bv limiting such provision. it would hecome valid and enl()rceahle. then such prnvision shall be deemed to be wlitten,
construed, and entilfced as so limited,
28. WAIVER: The f.,ilure of either party to enl()J'ce any provisions of this Lease shall not be construed as a waiver or
limitation oftbal pan v's light to subsequently enforce and compel strict compliance with every provision of Ihis Lease
29. Clii\IlILATI\'F: RIGIITS: The rights oflhe parties under this Lease are cumulative, and shall not be constrlled as
exclusive unless otherwise required hy law
30. (;O\'ERNIN(; LA W: This Lease shall be construed in accordance with the laws of the State of Minnesota,
LESS~{:S)1l1 ( l;ro~':~ies, ~lil esota Partnership
/t~~, 1 ',Z'~4/~
fi"lf:"7~;':' ... ..< - . -. ...
It(,I,>T' !\f. (l~~likr -------------------------..----
Date:
~~<7
/ (
S' s~ '7-:>
Date:
LESSEE: City ofrannim,!ton, A r\linnesota Municipal Corp
Date:
('itv or r:lrmingltltl
Date:
('ill' or FiHmineton
:Y. pf _~
.-\lJIll'ropcrtics, 1 H,O 220th Sf. \V, Farmington MN"502,j
_~::< :1:::.::'
t!!.!!J !~~,!-!.--_._.. I
..-!!-iiHi.! !I!!!.H.!!-ii.!:
"';~;,!;_;!;;!; !;;;';;';,;';.;!t;;
_.; ::-:::11:: :C::S: :I::':>::': :c:::
.' "..-........ ...- -........
~~=~ ~';~~5;~ ~;;~.....;;~~;
:-::.:=.: :,.::a: :c:x: :1::-::-::-: :c:::
. _... u............ ..._ _.......
r-;";::"; _,;.~~~~!:~'~:;i; }t~~'!f . . -. - - - . .;'
:-!:::: E:!~!:::-:::!: !:'::I:'
!_~!.!.!~ !.!!!~!.~!~!!~~U n!!'i!-
~ii-ii ~:;:~~-i::i ~~iii-
~:::: ~!:!~~-::!: H.:::f
;.~;.;:;.; ~I;~~:};;';;'~:'; ~I;;~t
:'5::.:~ E:i~i~3::,::i~ i:::,~:.
;-;~;.;'; t;i3i?;;.;.~:i; ;.?;;.~;.
\{~~{ ~~~~~~~~~~ ~~l~.
MIl.... _"............ .......
I............, Ul.' u.... i!
t~~~.~ ~.~!~!~~G~~~1 R~}i1~ :::,'.::'
~a::':{ 5.:!;!::;{':{!{ :':::"ir <
i-~~~!~ !.!~!!!.!!..!!!!.! !!.!!'i: !!
: ~:;:: m"I::I:;-::I: l:,::-P,-:-: 'C::: ::::-::
!-r,..~l: r.;!1!1!'!I! !.!'!w"! Y.!~~!-!~!~.! ~I!!!.!-!.!'!-!~'!!
....." -:.-..!.~~~~ ~~!~. !-._~ !.~~~ ._~.
NORTll
[lUII.D-
IN(i
140'
194,67'
Shaded p(\rtiol1 of Inl is includcd with South Building
Clcar portion oflol is includcd wilh North Building,
D,ivc\\av & Gale arca are COllllllon to bolh buildings
1- -10'-1
.................
;it):.i';;i:,,;;;;;;'
.-.....-...............
..""...".......
; ~~;;~;~~~~ ~.~.~~
': m~r~-'
!!~!.!.!-!
;ii;~;-;'
I......
~ ;lIOiii; ;
,..--
'i;~~ti
:~ ~~~~'~~:
'liiii'
: ,::.::-:
:~iiii.:
: :I:~=:-:
: lii'ii-~
; :1::::-:
':i!::.:':-:'
:j~!.!'!-!
-~ ~e:~!!
.:"! ~!~n
SOUl'l!
BUII.D-
INC;
1 01'.1
.10'
I
1(1.1'
"0'
I
H
i;
'"
I, '
-'
COUNCIL REGISTER
VENDOR
ACTIVITY
11-SEP-1997 (12:36)
5~
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
-----------------------------------------------------------------------------------------------------------------
OH
AIR-LAKE MACHINE & WELDING INC
<*>
AIRLAKE FORD MERCURY
<*>
AIRTOUCH CELLULAR
<*>
AL' S LOCK AND KEY
<*>
ALCORN BEVERAGE CO. INC.
<*>
ALLSTATE SALES & LEASING
<*>
APPLEY VALLEY FORD
<*>
AQUA LOGIC INC
<*>
ASSOCIATION OF METROPOLITAN MU
<*>
ASTLEFORD EQUIPMENT CO INC
<*>
AT&T WIRELESS SERVICES
<*>
AUGE JR, GERALD J.
<*>
B & B PIZZA
<*>
BACHMANS INC
<*>
BARTON SAND & GRAVEL CO
<*>
BIERMANN HOMES
<*>
BOGACZ, STEPHEN
<*>
BRAUN PUMP & CONTROLS
<*>
BT OFFICE PRODUCTS INTERNATION
<*>
CALDWELL ASPHALT CO INC
<*>
LIQUOR
FIRE SERVICES
BUILDING INSPCT
BUILDING MAINT
FIRE SERVICES
PARK MAINT
RECREATION PROGR
FIRE SERVICES
LIQUOR
SOLID WASTE
SOLID WASTE
STREET MAINT
SWIMMING POOL
GEN ACCOUNTING
STREET MAINT
BUILDING MAINT
ENGINEERING SERV
FLEET MAINT SERV
SEWER OPEATIONS
STREET MAINT
WATER UTILITY
BLDG MAINT & RNT
OPER EQUIP PURCH
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
EQUIP MAINT/RENT
MERCH FOR RESALE
EQUIP MAINT/RENT
EQUIP MAINT/RENT
TRANSPORT COSTS
OPER MAT & SUPPL
SCHOOL & CONF
EQUIP MAINT/RENT
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
ENGINEERING SERV TRANSPORT COSTS
SOLID WASTE
PARK MAINT
STATE AID CONST
STREET MAINT
SPEC ACT SUPPL
OPER MAT & SUPPL
PROF SERVICES
PROF SERVICES
SEWER OPERATIONS USER FEES
SEWER OPERATIONS USER FEES
SEWER OPEATIONS PROF SERVICES
ADMINISTRATION OFF & PAPER SUPP
ENGINEERING SERV OFF & PAPER SUPP
FIRE SERVICES OPER MAT & SUPPL
GEN ACCOUNTING MISC OFF & FURN
Police Forfietur MISC OFF & FURN
STATE AID STREET CONSTRUCTION
130.00
130,00*
21,397.12
21,397.12*
57.44
11.74
35.67
22.28
34.87
162.00*
89.15
89.15*
13,185.30
13,185.30*
109.98
109.98*
28.60
137.39
165.99*
1,080.98
1,080.98*
30.00
30.00*
10.39
10.39*
4.24
4,26
4.26
2.13
4.26
2.13
21.28*
11.16
11.16*
425.00
425.00*
199.82
199.82*
6,579.24
4,851. 93
11,431.17*
44.31
44.31*
88.86
88.86*
279.00
279.00*
245.58
667.01
230.06
305.34
254.22
1,702.21*
42,628.40
42,628.40*
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
CAP AGENCY
<*>
CARLSON TRACTOR & EQUIPMENT CO
<*>
CARQUEST
<*>
CASTLE ROCKERS
<*>
CHAPIN CONSTRUCTION BULLETIN I
<*>
CHURCHILL TIRE INC
<*>
COLLEGE CITY BEVERAGE INC
<*>
CURTIS FIRE CONTROL
<*>
D & 0 PROPERTIES
<*>
DAKOTA ELECTRIC ASSOCIATION
<*>
DANKO EMERGENCY EQUIPMENT CO
<*>
DAY DISTRIBUTING CO
<*>
DICK'S SANITATION INC
<*>
EAGLE DISTRIBUTING COMPANY
<*>
EARL F ANDERSON AND ASSOCIATES
<*>
FARMINGTON AREA CHAMBER OF COM
<*>
FARMINGTON EMPLOYEE CLUB
<*>
FARMINGTON INDEPENDENT
<*>
FARMINGTON PRINTING INC
<*>
FARMINGTON-SELECT ACCOUNT, CIT
<*>
FEDERAL RESERVE BANK
<*>
FIRE CHIEFS CONFERENCE
<*>
FIRST NATIONAL BANK OF FARMING
<*>
FITZPATRICK, ADAM
ACTIVITY
SENIOR CITIZEN
PARK MAINT
STREET MAINT
Senior Center
BUILDING MAINT
PATROL SERVICES
PUBL SAFE PRGM
LIQUOR
FIRE SERVICES
ICE ARENA
LIQUOR
PARK MAINT
SENIOR CITIZEN
SWIMMING POOL
LIQUOR
BUILDING MAINT
FIRE SERVICES
LIQUOR
SOLID WASTE
FIRE SERVICES
STREET MAINT
PERSONNEL
GENERAL FUND
ADMINISTRATION
BUILDING MAINT
11-SEP-1997 (12:36)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
PROF SERVICES
OPER MAT & SUPPL
EQUIP MAINT/RENT
OPER MAT & SUPPL
BLDG IMPROVEMENT
TRANSPORT COSTS
TRANSPORT COSTS
MERCH FOR RESALE
EQUIP MAINT/RENT
PROF SERVICES
OPER MAT & SUPPL
EQUIP MAINT/RENT
PROF SERVICES
PROF SERVICES
BLDG MAINT & RNT
EQUIP MAINT/RENT
OPER MAT & SUPPL
MERCH FOR RESALE
PROF SERVICES
SPEC ACT SUPPL
OPER MAT & SUPPL
MISC
EMPLOYEE CLUB
PRINT & PUBLISH
BLDG IMPROVEMENT
ADMINISTRATION OFF & PAPER SUPP
RECREATION PROGR OFF & PAPER SUPP
GENERAL FUND
GENERAL FUND
FIRE SERVICES
GENERAL FUND
SELECT-PRETAX
SAVINGS BONDS
SCHOOL & CONF
ENGINEERING SERV TRANSPORT COSTS
STATE TAX WITHHO
1,297.99
1,297.99*
38.25
38.25*
143.61
143.61*
60.00
60.00*
12 .80
72.80*
281. 00
140.50
421.50*
11,938.48
11,938.48*
195.50
46.59
42.60
11.98
23.96
19.96
340.59*
2,875.77
2,875.77*
150.00
150.00*
68,00
68.00*
381. 3 0
381.30*
10,829.95
10,829.95*
199.00
199.00*
197.02
197.02*
100.00
100.00*
41.00
41.00*
94.50
22.95
117.45*
247.09
8.95
256.04*
1,005.80
1,005.80*
25.00
25.00*
405.00
405.00*
3,627.88
3,627.88*
45.26
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
11-SEP-1997 (12:36)
<*>
------------------------------------------------------------------------------------------------------------------------
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
FLAHERTY & KOEBELE P A
<*>
FRITZ COMPANY INC
<*>
FRONTIER COMMUNICATIONS - ACCE
<*>
FRONTIER COMMUNICATIONS SERVIC
<*>
GCA SERVICES
<*>
GCR MINNEAPOLIS TRUCK CENTER
<*>
GOODWIN, KRISTINE
<*>
GRAND VIEW LODGE
<*>
GRIGGS COOPER & CO
<*>
GROSSMAN, BLAKE
<*>
HANSON, RALPH
<*>
HARRIS, MARI
<*>
HAYNES, TRICIA
<*>
HEALTH PARTNERS
<*>
HEMANN, JOHN
<*>
HOHENSTEINS INC
<*>
HYDRO SUPPLY CO
<*>
ICMA RETIREMENT TRUST-457
<*>
JACOBSON ENGINEERS AND SURVEYO
<*>
JOHNSON BROTHERS LIQUOR COMPAN
<*>
JORDAN BEVERAGE INC
<*>
KELLY ELECTRIC INC
<*>
KEYLAND HOMES
<*>
KOEHN, JOSEPH
<*>
LAKEVILLE, CITY OF
<*>
45.26*
COMM DEVELOPMENT SCHOOL & CONF 150.00 OH
150.00*
LIQUOR OPER MAT & SUPPL 1,481.47 OH
1,481.47*
GEN ACCOUNTING UTILITIES 405.16 OH
MIS UTILITIES 405.15 OH
810.31*
ADMINISTRATION UTILITIES 109,59 OH
109.59*
Police Forfietur OPER EQUIP PURCH 186.38 OH
186.38*
STREET MAINT EQUIP MAINT/RENT 170.06 OH
170.06*
SEWER OPERATIONS USER FEES 1.63 OH
1. 63 *
INVESTIGATION SCHOOL & CONF 130.00 OH
130.00*
LIQUOR MERCH FOR RESALE 2,768.42 OH
2,768.42*
SEWER OPERATIONS USER FEES 76.25 OH
76.25*
GENERAL FUND BURNING PERMITS 15.00 OH
15.00*
SOLID WASTE SPEC ACT SUPPL 150.00 OH
150.00*
SOLID WASTE SPEC ACT SUPPL 650.00 OH
650.00*
GENERAL FUND MEDICAL INS 11,157.40 OH
11,157.40*
SEWER OPERATIONS USER FEES 80.96 OH
80.96*
LIQUOR MERCH FOR RESALE 2,611.45 OH
2,611. 45*
WATER UTILITY OPER MAT & SUPPL 8,280.27 OH
8,280.27*
GENERAL FUND ICMA 2,878.90 OH
2,878.90*
ICE ARENA BLDG IMPROVEMENT 90.00 OH
90.00*
LIQUOR MERCH FOR RESALE 495.07 OH
495.07*
LIQUOR MERCH FOR RESALE 2,609.40 OH
2,609.40*
BUILDING MAINT PROF SERVICES 271.77 OH
FIRE SERVICES EQUIP MAINT/RENT 45.00 OH
SENIOR CITIZEN PROF SERVICES 593.41 OH
910.18*
SEWER OPERATIONS USER FEES 51. 55 OH
51.55*
SEWER OPERATIONS USER FEES 74.14 OH
74.14*
FIRE SERVICES VEHICLE PURCHASE 9.00 OH
Recreation prog OPER MAT & SUPPL 6.94 OH
15.94*
COUNCIL REGISTER
VENDOR
LAMPERTS
<*>
LOCATOR & MONITOR SALES
<*>
LUVERNE FIRE APPARATUS CO LTD
<*>
MARK VII DISTRIBUTORS INC
<*>
MEDICA
<*>
METRO WELDING SUPPLY
<*>
METROPOLITAN COUNCIL
<*>
METROPOLITAN COUNCIL ENVIORNME
<*>
MINNESOTA PIPE AND EQUIPMENT
<*>
MINNESOTA RECREATION & PARK AS
<*>
MINNESOTA STATE TREASURER
<*>
MINNESOTA UC FUND
<*>
MN DEPT OF TRANSPORATION
<*>
MN/SCIA
<*>
NAPA
<*>
NATIONAL BUSINESS FURNITURE
<*>
NORTHERN STATES POWER COMPANY
<*>
NORTHLAND BUSINESS SYSTEMS INC
<*>
NORTHSTAR REPRO PRODUCTS INC
<*>
PEDERSEN AUTO SHOP INC
<*>
PELLICCI HARDWARE & RENTAL
11-SEP-1997 (12 :36)
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
STREET MAINT OPER MAT & SUPPL
SEWER OPEATIONS EQUIP MAINT/RENT
FIRE SERVICES EQUIP MAINT/RENT
LIQUOR MERCH FOR RESALE
GENERAL FUND MEDICAL INS
RECREATION PROGR OPER MAT & SUPPL
SEWER OPERATIONS S.A.C. CHARGE
SEWER OPEATIONS PROF SERVICES
WATER UTILITY OPER MAT & SUPPL
Recreation prog OPER MAT & SUPPL
BUILDING INSPCT MISC
SENIOR CITIZEN PAYROLL EXPENSES
ENGINEERING SERV OPER MAT & SUPPL
INVESTIGATION
SCHOOL & CONF
PARK MAINT
STREET MAINT
OPER MAT & SUPPL
EQUIP MAINT/RENT
ICE ARENA
OPER MAT & SUPPL
BUILDING MAINT UTILITIES
HRA/ECONOMIC DEV UTILITIES
ICE ARENA UTILITIES
IDEA SCHOOL UTILITIES
LIBRARY SERVICES UTILITIES
LIQUOR UTILITIES
SENIOR CITIZEN UTILITIES
SEWER OPEATIONS UTILITIES
SIGNAL MAINT PROF SERVICES
STREET MAINT UTILITIES
SWIMMING POOL UTILITIES
WATER UTILITY UTILITIES
INVESTIGATION
MISC
ENGINEERING SERV OFF & PAPER SUPP
STREET MAINT
EQUIP MAINT/RENT
BUILDING MAINT
ICE ARENA
IDEA SCHOOL
OPER MAT & SUPPL
OPER MAT & SUPPL
OPER MAT & SUPPL
18.79
18.79*
95,24
95,24*
37,13
37.13*
9,382.80
9,382.80*
24,129.40
24,129.40*
149.37
149.37*
32,917.50
32,917.50*
6,569.28
6,569.28*
248.84
248.84*
88.00
88.00*
6,109.10
6,109.10*
633.69
633.69*
136.37
136.37*
120.00
120.00*
27.90
7.49
35.39*
78.95
78.95*
2,026.46
113 .73
1,533.49
3,691.96
2,646.53
448.59
400.08
228.78
198.45
202.06
814.10
1,493.98
13,798.21*
42.05
42.05*
102.02
102.02*
18.60
18.60*
319.63
68.09
23.20
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
II-SEP-1997 (12:36)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
--------------------------------------------------------------------------------------------------------------------
PELLICCI HARDWARE & RENTAL
<*>
PEOPLES NATURAL GAS
<*>
PFEUFER, THOMAS JR & JOANNA
<*>
PH FEELY & SON CO
<*>
PHILLIPS WINE AND SPIRITS INC
<*>
POLFUS IMPLEMENT AT ROSEMOUNT
<*>
POWERPHONE INC
<*>
PRINT MATE
<*>
PRUDENTIAL RELOC CO
<*>
PUBLIC EMPLOYEES RETIREMENT AS
<*>
RADISSON PLAZA
<*>
RADLOFF & WEBER BLACKTOPPING I
<*>
REIMAN PUBLICATIONS
<*>
RIGID HITCH INCORPORATED
<*>
ROADRUNNER TRANSPORTATION INC
<*>
RON'S GOURMET ICE
<*>
ROSS INDUSTRIES INC (FIRE DIV.
<*>
SAINT PAUL PIONEER PRESS
<*>
SCHWAB VOLLHABER LUBRATT SERVI
<*>
SKB ENVIRONMENTAL INC
<*>
SOUTH SUBURBAN MEDICAL
<*>
ST CROIX COUNTY
<*>
STATE CAPITOL CREDIT UNION
<*>
LIBRARY SERVICES
PARK MAINT
PATROL SERVICES
POLICE ADMIN
SENIOR CITIZEN
SEWER OPEATIONS
SOLID WASTE
STREET MAINT
SWIMMING POOL
BUILDING MAINT
WATER UTILITY
EQUIP MAINT/RENT
OPER MAT & SUPPL
TRANSPORT COSTS
OPER MAT & SUPPL
OPER MAT & SUPPL
OPER MAT & SUPPL
OPER MAT & SUPPL
EQUIP MAINT/RENT
OPER MAT & SUPPL
UTILITIES
UTILITIES
SEWER OPERATIONS USER FEES
PARK MAINT
LIQUOR
PARK MAINT
POLICE ADMIN
LIQUOR
OPER MAT & SUPPL
MERCH FOR RESALE
OPER MAT & SUPPL
SCHOOL & CONF
OPER MAT & SUPPL
SEWER OPERATIONS USER FEES
PERA
GENERAL FUND
FIRE SERVICES
SCHOOL & CONF
SENIOR CITIZEN
PARK IMPROVEMENT PROF SERVICES
DUES & SUBSCRIP
STREET MAINT
LARCH STREET
LIQUOR
FIRE SERVICES
ADMINISTRATION
BUILDING MAINT
SOLID WASTE
FIRE SERVICES
GENERAL FUND
GENERAL FUND
EQUIP MAINT/RENT
PROF SERVICES
MERCH FOR RESALE
SPEC ACT SUPPL
DUES & SUBSCRIP
EQUIP MAINT/RENT
PROF SERVICES
PROF SERVICES
CHILD SUPPORT
ST CREDIT UNION
0.64
43.30
11. 70
37.86
195.83
4.68
15.32
290.86
5,10
1,016.21*
7.46
9.66
17.12*
37.40
37.40*
363.54
363.54*
1,104.54
1,104.54*
542.69
542.69*
199,00
199.00*
110. IS
110.15*
48.83
48.83*
16,361.53
16,361.53*
250.80
250.80*
3,599.00
3,599.00*
22.98
22.98*
29.76
29.76*
38.60
38.60*
1,048.10
1,048.10*
382.38
382.38*
21.45
21.45*
758.88
758.88*
172.00
172.00*
224.26
224.26*
13 7.16
137.16*
1,501.07
1, SOL 07*
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
11-SEP-1997 (12:36)
VENDOR
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
<*>
PATROL SERVICES OPER MAT & SUPPL 7,99 OH
7.99*
PARK MAINT OPER MAT & SUPPL 95.82 OH
95.82*
SEWER OPERATIONS USER FEES 80.37 OH
80,37*
FLEET MAINT SERV OPER MAT & SUPPL 18.42 OH
SOLID WASTE OPER MAT & SUPPL 55.23 OH
STREET MAINT OPER MAT & SUPPL 101.28 OH
WATER UTILITY OPER MAT & SUPPL 9.21 OH
184.14*
286,850.68* <*>
STEIGAUF, WARREN
<*>
TERRY'S ACE HARDWARE
THORPE, BERTHA
<*>
UNITOG RENTAL SERVICES
<*>
00..
TO: Mavor. Councilroembers. City
Ad~inistrator{ ~1:--/ .
/,f
FROM: Lee M. Mann. P.E..
Director of Public Works/City Engineer
SUBJECT: Project 97-5, Seal Coat Project
Assessment Hearing
DATE: September 15.1997
INTRODUCTION
The City has a seven year seal coating program in place. A public hearing for the assessments of
seal coating is scheduled for the September 15th Council meeting.
DISCUSSION
The 1997 Seal Coat Project was ordered at the April 7th, 1997 Council meeting and the contract was
awarded at the May 5, 1997 meeting. The project has been completed and the final cost of the
project has been determined to be $53,285.50. The assessments were set at the April 7th meeting at
$53 per buildable lot. In accordance with the City's assessment policy, the total to be assessed does
not exceed 50% of the project cost. The assessment roll has been prepared and is available for
review at City Hall. The total amount to be assessed is $20.511.00.
The proposed assessment roll is on file in the office of the City Clerk. All written or oral objections
to the proposed assessment by any property owner will be considered at the public hearing. No
appeal may be taken as to the amount of any assessment adopted pursuent to Minnesota Statutes
Section 429.061, Subdivision 2. unless a written objection signed by the affected property owner, is
filed with the Farmington City Clerk prior to the assessment hearing or presented to the presiding
officer at the public hearing. An owner may appeal an assessment to the District Court pursuant to
Minnesota Statutes section 429.081 by serving notice of appeal upon the Mayor or Clerk of the City
of Farmington within thirty (30) days after the adoption of the assessment and filing such notice with
the District Court within ten (10) days after service upon the Mayor or Clerk.
Attached are objections received as of the printing of the agenda packet.
BUDGET IMPACT
The total project cost is $53.285.50. The amount to be assessed is $20.511.00, The amount to be
funded by the City's Road and Bridge Fund is $32.774.50,
City of FarminfJton 325 Oak Street. Farminf/ton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
RECOMMENDATION
Adopt the attached resolution declaring the costs to be assessed and approving the final assessment
roll using the rate of $53.00 per buildable lot.
Respectfully submitted,
~ In ~J
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
FOX
Paul J. and Lori L. Fox
18897 Euclid Path - Farmington. MN 55024
Home Phone (612) 463-2236 - Fax (612) 463-2236
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August 30, 1997
City Of Farmington
A TTN: City Clerk
325 Oak Street
Farmington, Minnesota 55024
Dear Farmington City Clerk.
We are writing in regards to the proposed assessment tor project number 97-5, Our parcel
number is 145050101001. We object to this assessment and feel that is unfair that we have to pay
additional amounts for improvements of the city when we are already paying high taxes.
What is our tax dollars for? We currently pay over $200,00 per month in propeny taxes for a
modest home in Farmington. How much more money must we pay to live in this city? Shouldn't
any improvements to our city be paid for with our TAX dollars? Shouldn't you be calling this
"Special Assessment" more like a "Special TAX" because the city is trying to avoid costs that
they should be paying.
We would like to ask the council of the city of Farmington to object to this assessment and pay
tor the costs of project 97-5 from the city's funds that our taxes already contribute towards.
Thank-you very much for hearing our concerns with this matter,
Sincerely,,..?
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Paul J. and Lori L. Fox
PRO P 0 SED
RESOLUTION
ADOPTING FINAL ASSESSMENT ROLL FOR PROJECT 97-05
- 1997 SEAL COATING PROJECT -
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 15th day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to proper notice duly given by the City, the Council has met,
heard, and passed upon on all objections to the proposed assessments for the
following improvement:
PROJECT
DESCRIPTION
LOCATION
97-05
Seal Coat Streets - Oil and Aggregate
Various Locations
; and
WHEREAS, the total project cost is $53,285.50, of which $20,511.00 is declared to
be the portion of the total cost to be assessed against benefited property.
NOW, THEREFORE, BE IT RESOLVED that:
1. Such proposed assessment, a copy of which is on file in the office of the City
Clerk, is hereby adopted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby
found to be benefited by the improvement in the amount of the assessment levied
against it.
2. Such assessments shall be payable in equal annual installments extending over a
period of one year, the first of the installments to be payable on or before
the first Monday in January, 1998 and shall bear interest at the rate of 7.5%
per annum from the date of the adoption of this resolution until December 31,
1997. To each subsequent installation when due shall be added interest for one
year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification
of the assessment to the County Auditor, pay the whole of the assessment on
such property, with interest accrued to the date of payment, to the City
Treasurer, except that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of this resolution; and may at any time
thereafter, pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the County.
Such assessments shall be collected and paid in the same manner as the other
municipal taxes.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 2nd day of September, 1997.
Mayor
Attested to the
day of September, 1997.
City Administrator
SEAL
fob
TO:
Mayor, Councilmembers,
City Administrator ~
/
FROM:
David L. Olson
Community Development Director
SUBJECT:
Sauber/Sienna Annexation
DATE:
September 15, 1997
INTRODOCTION
An annexation petition has been filed by the owner and developer, respectively"
listed above. The petition is for a 1.87 acre parcel located in section 32 of
Empire Township. The parcel is located along the south side of County Road 72
and contains the Jerome and Ann Sauber home.
DISCOSSION
This annexation petition is being reviewed under M.S. 414.033 which allows
parcels which are contiguous to the City and less than 60 acres in size to be
annexed by ordinance upon receipt of a petition from the property owner.
Minnesota Statutes also require a public hearing be held by the City Council
following a 30 day certified mail notice to the Township and adjacent property
owners.
The property in question is proposed to be located in the 4th Addition of East
Farmington. The Sauber house is not proposed to be included in the PUD. The
will require rezoning to R-2 PUD and will have to be platted since all newly
annexed properties are zoned A-1 Agricultural.
The petition was reviewed by the Joint Planning Board on July 10, 1997. The
Board is comprised of representatives from the City Council, Town Board and staff
from each body. The Planning Board recommended approval of the annexation.
The City Planning Commission reviewed the application on September 9th. While
the Commission expressed some concern regarding the relationship of this parcel
to the East Farmington PUD, their consensus was that the annexation should
proceed.
Under State Statutes for annexations approved by ordinance, the Township will be
entitled to a percentage of taxes paid for a period of five years following
annexation. The Township will receive 90% the first year, 70% the second year,
50% the third year, 30% the fourth year and 10% the fifth and final year.
Citv. of Farminf/.ton 3250akStreet.Farminqton,MN5502~. (612) ~63-7111.FaK (612) ~63-2591
RECOMMENDATION
This annexation will allow the completion of East Farmington 4th Addition and
will help in squaring up City boundaries. It is recommended Council adopt the
attached ordinance annexing the Sauber/Sienna property.
Respectfully submitted,
~{)~ct (;;{~~.
David L. Olson 'v
Community Development Director
PRO P 0 SED
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE
An Ordinance Annexing Certain Property Abutting the City of Farmington
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS:
WHEREAS, the City of Farmington (CITY) received a petition for annexation from
all of the property owners of the following described property (PROPERTY):
The South 435.6 feet of the North 501.60 feet of the East 100.00
feet of the Southeast Quarter (SE 1/4) of the Northwest Quarter
(NW 1/4) of Section Thirty Two (32), Township One Hundred Fourteen
(114), Range Nineteen (19) according to the government survey
thereof. ~ ~ \ I(Y\t V\~
WHEREAS, the Property is located in Empire Townshi~; and
WHEREAS, the Property abuts the City of Farmington; and
WHEREAS, the area of the Property is sixty (60) acres or less; and
WHEREAS, the property is not served by public sewer facilities; and
WHEREAS, the City held a public hearing on September 15, 1997 after providing
thirty (30) days written notice of the public hearing by certified mail to
Empire Township and to all landowners within and contiguous to the Property; and
WHEREAS, pursuant to the procedures set forth in M.S. 414.033, the City Council
may, by ordinance, declare the Property to be annexed to the City.
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NOW, THEREFORE, BE IT ORDAINED that hereby ann~Kes the Property, pursuant to the
procedures set forth in M.S. 414.033.
Enacted and ordained the 15th day of September, 1997.
SEAL
CITY OF FARMINGTON
MAYOR
ATTEST:
CITY ADMINISTRATOR
Approved as to form the
day of September, 1997.
City Attorney
Published in the Farmington Independent the
day of september, 1997.
IN THB MA~TBR 07 THE PETITION E~
Sienna Corporation
I PROPZRTY OWNER(s)
FOR ANNE,XA'1'ION or LAND T~ '11lB CXTY 0'9' P~Il'iG'1'ON,
pgnSVANT ~O ~~SOTA STATUT2S NO. 414.01 BT. SBQ.
'l'P: THE CXTY cowczt. OF THE c:rn 0.. PNUaNQ'1'OM, xtNNESOTA
C"P1es co: MinnesoCa. Mun1cipal Board
~~S Metro square
St. Paul. MN 55101
Daltoea. County Boa~ 0: c:o~ss1.oners
1590 Weal: Highvay SS
Haseings. MN 55033
'tOWN BOARD OF
Empire
TOWNSHIP
3371 - 197th Street
Empire, Mn 55024
Phone #463-4494
Il:l' .i~twr. lle=-_UAd.or. p.tit.!.on.rClIl afl!1rm that ha/ah. (th.ay) h (are):
the sole property ovner(s) of the are& proposed for ar~~:ioQ; or
X allot the properey cvn"'~S of the arOl1 prcpclJad for :an."I.exa~1('ln: or
a ujority o~ the propercy owners of ehe area proposed for annaxation.
It is hereby requeseed that the City of Farmington annex the property ~re1n d~3c~1~eu and now lccQted
in the "I'ovn of . paXota county. K.1.:u::.csota: ("rovid.e the legal description of the
property. parcels of property of area proposed for ann~~ation; pr~vide at:tachments containing the legal
~escrip~~uu ~, i~ i~ too l~ng tor inelusion in this s~ace.
The South 435.6 feet of the North 501.60 feet of the East 100.00 feet of the Southeas~
Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Thirty-Two (32), Township
One Hundred Fourteen (114), Range Nineteen (19) according to the government
survey thereof.
~~ AREA OF THB P10PSRrf PROPOSSD ioa ANH&XATIO~:
{Note: The size of ehe property vill determine the m~~er and ti~ng of the
process for considering this Petition.l
X Less than 40 ac:res
More tNL~ 40 acres but les, t~n SO acres
Le~~ than ~oo acrc~
~nr~ than 200 acres
~ 'IO '11!:E PIl.OPllR"I"l PIl.OPOSED paR ~T'IOH, ANNEXA'I1:CN :IS souc:r.: BiCA.\7$1; THIil pltQPl!RTY :IS:
~. Owned by the City of Farmington
3,
x
completely surrounded by land withi~ the rarmington City 11~t3.
ADutting the city of Farmington on the K @ W 1': (cir:le one) boundary
2.
4. Not no~ served by public sewer facilities and public ge~r fnc:il1tles ar~ noe otherwise
available.
SIENNA CORPORATION
.k&~~
'Rodney ~ dy
Date'{fi't~,(~l
Date:
1-- 28..91-
JAMES R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
2500 WEST COUNTY ROAD 42, SUITE 120, BURNSVILlE, MINNESOTA 55337 (612) 890-6044 FAX 890-6244
COUNTY
ROAD
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NO. 72
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FROM:
Mayor, Councilmembers,
City Administrator;?~
David L. Olson
Community Development Director
TO:
SUBJECT:
Ristow/Giles Annexation
DATE:
September 15, 1997
INTRODUCTION
An annexation petition has been filed by the owner and developer, respectively,
listed above. The petition is for a 12.2 acre parcel located in Section 32 of
Empire Township. The parcel is located along the north side of County Road 72
and has access to the frontage road for T.H. 3. The property is currently being
used as a natural gas company facility and a sales lot for Farmington Sales.
DISCUSSION
This annexation petition is being reviewed under M.S. 414.033 which allows
parcels which are contiguous to the City and less than 60 acres in size to be
annexed by ordinance upon receipt of a petition from the property owner.
Minnesota Statutes also require a public hearing be held by the City Council
following a 30 day certified mail notice to the Township and adjacent property
owners.
The property is adjacent to industrial property on its north side, low density
residential property on the south and east sides, and T.H. 3 on the west side.
The property adjoins Empire Township on the east and a portion of the south
sides. The proposed use after annexation will be multi-family and commercial,
which will require it being rezoned since all newly annexed properties are zoned
A-I Agricultural.
The proposed annexation was reviewed by the Joint Planning Board on April 23,
1997 and again on July 10, 1997. While not expressing opposition to the
annexation, the Planning Board did raise questions regarding access to the site.
The City Planning Commission reviewed the application on June 24, 1997 and again
on September 9th. Their comments are reflected in the attached memo from Mike
Schultz. While the Commissions concerns regarding the proposed use are valid, it
is staff's opinion that use would be more appropriately discussed after
annexation when the petition for rezoning and/or platting is received. Since the
property is still located within Empire Township, the City does not have the
authority to determine its use. Following annexation, appropriate discussion of
use and inclusion in MUSA can take place. This issue has caused the delay in
scheduling the annexation hearing.
CitlJ. of Farminf/.ton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · FaJr (612) 463-2591
Under State Statutes for annexations approved by ordinance, the Township will be
entitled to a percentage of taxes paid for a period of five years following
annexation. The Township will receive 90% the first year, 70% the second year,
50% the third year, 30% the fourth year and 10% the fifth and final year.
RECOMMENDATION
This annexation will bring an area surrounded on three sides by the City and will
help in squaring up City boundaries. Issues of use and site layout will be
discussed during the rezoning and platting process. Therefore, it is recommended
Council adopt the attached ordinance annexing the Ristow/Giles property.
Respectfully submitted,
/'~
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David L. Olson
Community Development Director
DATE:
RE:
Dave Olson, Community
Development Director
Michael Schultz, Planning
Department
September 10, 1997
Planning Commission
comments on Ristow/Giles
annexation
TO:
FROM:
Last night, September 9, the Planning Commission was presented with the Tim Giles and
Jerry Ristow annexation petition. Although this item was informational only, the
Commission voiced some concerns of bringing in more outside land without proper
planning. Chairman Schlawin strongly advised that the City Planning Department renew
his previous suggestion of conducting a corridor study to Highway 3. The rest of the
Commissioners agreed that some type of land use study should be conducted before any
more future development occurs in that corridor area. The Commission also believes that
if this "piecemeal" annexation process continues that it will be to late to have the most
suitable type of land usage for the area.
The Commission also stated that they would like the Planning Department to investigate
where the review process was for the East Farmington PUD in relation to the Sienna
annexation. The consensus of the Commission was that the City should have an adequate
idea of what is being proposed during annexation of raw land.
Michael Schultz
Planning Department
cc: Lee Smick, Planning Coordinator
CitlJ of Farminf/.ton 325 Oak Street · Farminqton, MN 5502~ · (612) ~63-7111 · FaK (612) ~63-2591
TO: Dave Olson, Community
Development Director
FROM: Lee Smick, (k
Planning Coo~i~or
SUBJECT: Status of Glenview
T ownhomes Annexation
DATE: September 4, 1997
The following is a list of dates concerning Glenview Townhomes:
March 18
April 23
April 23 -
June 20
June 20
June 21
June 24
June 25
CitlJ. of Farminf/.ton
Annexation petition was filed with the City.
Reviewed at Joint Planning Board Meeting. Craig Schlawin and the
Board recommended that the plan should not be reviewed at the
Farmington Planning Commission until a more detailed drawing was
submitted; Craig stated that he did not want to review the plan at the
Planning Commission until it was more detailed due to citizens
questioning the reasons for annexing a property without knowing what
type of development would be allowed on the site and whether the
proposed site plan would work. Tim Giles was in attendance at the Joint
Planning Board meeting.
Developer's Engineer revised the proposed plan during this time in order
to meet the initial review issues stated at the Joint Planning Board
meeting.
Developer's Engineer submitted revised plan to City for review.
Reviewed at the Development Committee meeting.
Reviewed by the Planning Commission during the discussion session.
Tim Giles contacted Planning Coordinator concerning issues raised at
Planning Commission meeting and stated that he did not want to provide
second access to site or build roads to City standards of 32 feet.
325 Oak Street · Farminqton, MN 5502~ · (612) ~63-7111 · FaK (612) ~63-2591
June 28
July 3
July lO
July 10-
Present
August 13
August 15
Reviewed comments of Planning Commission at the Development
Committee meeting.
Met with Developer's Engineers Todd Kavitz and Bruce Bullert and
discussed Planning Commission and Development Committee issues
concerning the project - Revised plans have not been submitted to this
date.
Discussed development at Joint Planning Board meeting.
Developer's Engineers are continuing to revise the proposed plans to meet
issues discussed at the July 3rd staff meeting. Contacts to staff have been
made by the Engineers throughout this time to answer questions.
Submitted public hearing notice for annexation to newspaper and mailed
notice to affected parties. State statutes require that a 30 day notice of the
public hearing must be given in order for all affected parties to be notified.
Affected parties receive notices in mail.
September 5 Tim Giles, Developer, contacts staff and informs them that he is
researching the possibility of purchasing the lot to the south of the site for
additional land area.
September 9 Discuss annexation at Planning Commission meeting.
September 15 Public hearing for annexation at City Council.
Upon approval of the annexation, it is adopted by ordinance and
the development plan process may begin including preliminary and final
plat review.
PRO P 0 SED
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE
An Ordinance Annexing Certain Property Abutting the City of Far.mington
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS:
WHEREAS, the City of Farmington (CITY) received a petition for annexation from
all of the property owners of the following described property (PROPERTY):
That part of the north fourteen (14) acres of the South Half of
the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW
1/4) of Section Thirty Two, Township 114 North, Range 19 West,
Town of Farmington, Dakota County, Minnesota, lying southerly of
the following described line:
Commencing at the northwest corner of said Northwest Quarter of
Section 32; thence South 89 degrees 50 minutes and 12 seconds east
(assumed bearing) along the North line of said Northwest Quarter
of Section 32 a distance of 59.45 feet; thence South 1 degree 38
minutes 57 seconds West a distance of 500.32 feet to a point on
the southerly right of way line of the former Chicago, Milwaukee,
St. Paul and Pacific Railroad Company and the easterly right of
way line of the S.T.H. No.3, said southerly right of way line
being 50.00 feet perpendicularly southerly of and parallel to the
former main track of the aforementioned railroad company; thence
North 74 degrees 15 minutes 36 seconds East along said south right
of way line at railroad a distance of 1430.00 feet; thence South
15 degrees 44 minutes and 24 seconds east a distance of 466.00
feet, to the point of beginning of the line to be described;
thence South 74 degrees 15 minutes and 36 seconds West a distance
of 717.58 feet; thence North 87 degrees 35 minutes and 18 seconds
West to the West line of the aforementioned Northwest Quarter ?f~..
Section 32. ~~~\~It'\.~
WHEREAS, the Property is located in Empire Township; and
WHEREAS, the Property abuts the City of Farmington; and
WHEREAS, the area of the Property is sixty (60) acres or less; and
WHEREAS, the property is not served by public sewer facilities; and
WHEREAS, the City held a public hearing on September 15, 1997 after providing
thirty (30) days written notice of the public hearing by certified mail to
Empire Township and to all landowners within and contiguous to the Property; and
WHEREAS, pursuant to the procedures set forth in M.S. 414.033, the City Council
may, by ordinance, declare the Property to be annexed to the City.
NOW, THEREFORE, BE IT ORDAINED tha~e~~~~ Property, pursuant to the
procedures set forth in M.S. 414.033.
Enacted and ordained the 15th day of September, 1997.
SEAL
ATTEST:
CITY OF FARMINGTON
MAYOR
CITY ADMINISTRATOR
Approved as to form the _____ day of September, 1997.
City Attorney
Published in the Farmington Independent the
day of September, 1997.
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TO:
Mavor, Councilmembers,
CitY Administrat:r
Lee Smick, A
Planning Coordinator
FROM:
SUBJECT:
Vacating of Easement in
Industrial Park
DATE:
Septem ber 15, 1997
INTRODUCTION
The proposed vacation is the existing five foot utility easement located along the north property
line of Lot 1, Block 1, Farmington Industrial Park 1 st Addition and along the south property line
of Lot 1, Block 2, Farmington Park 2nd Addition.
DISCUSSION
JlT Powder Coating located at 21020 Eaton Avenue proposes to expand their existing facility to
the north and is requesting that the utility easement be vacated along the northern border of their
lot and the southern border of Lot 1, Block 2, Farmington Industrial Park 1st Addition to allow
for the expansion. It is no longer in the interest ofthe City to maintain the easement because no
utilities exist within the easement. The vacation of the easement, however, should be contingent
upon the completion of the expansion ofthe JlT facility.
The City Attorney has reviewed and approved the proposed vacation of the utility easement.
ACTION REQUIRED
Adopt a resolution approving the vacation of the utility easement along the north property line of
Lot 1, Block 1, Farmington Industrial Park 1st Addition and along the south property line of Lot
L Block 2, Farmington Industrial Park 2nd Addition contingent upon the completion of the
expansion of the lIT facility.
Respectfully submitted,
',-
-.;.\f .~, \, . ,
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Lee Smick. AICP
Planning Coordinator
&c/
Citlj of Farmin9ton 325 Oak Street. Farm;n9tonJ MN 55024. (612) 463.7117 · Fa~ (612) 463.2591
~ of Vacation in FanDngton:In.cbtrial Park
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HRAI JIT Option
2.05 Acres .
pliase II
Blk2
c "~----'-"__''''''_ - - - .__ Proposed Vacation
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W JIT
2.17 Acres
1
Phase I
Blk]
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Scale
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City Map
100 0 100 200 300 400 500 Feet
City of Farmington
Created by City Plarming I:epartrrent, 9H7
PRO P 0 SED
RESOLUTION
VACATING A FIVE FOOT STRIP OF A 10 FOOT UTILITY EASEMENT
IN FARMINGTON INDUSTRIAL PARK 1st AND 2nd ADDITIONS
- JIT POWDER COATING -
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 15th day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, JIT Powder Coating, located at 21020 Eaton Avenue proposes to expand
their existing facility to the north and has requested the utility easement along
the northern border of Lot I, Block 1, Farmington Industrial Park 1st Addition and
the utility easement along the southern border of Lot 1, Block 2, Farmington
Industrial Park 2nd Addition, except the west five feet thereof and the east five
feet thereof, be vacated; and
WHEREAS, a public hearing was held on the 15th day of September, 1997 after
proper published notice, to consider said vacation of the utility easement; and
WHEREAS, it is in the best interest of the City to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington
hereby approves the vacation of the following utility easements:
The utility easement along the north property line of Lot 1, Block 1,
Farmington Industrial Park 1st Addition except the west five feet and the
east five feet thereof, according to the recorded plat thereof, Dakota
County, Minnesota; and
The utility easement along the south property line of Lot 1, Block 2,
Farmington Industrial Park 2nd Addition except the west five feet and the
east five feet thereof, according to the recorded plat thereof, Dakota
County, Minnesota.
BE IT FURTHER RESOLVED that this vacation is contingent upon the completion of the
expansion of the JIT facility.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 15th day of September, 1997.
Mayor
Attested to the
day of September, 1997.
SEAL
City Administrator
gtl
TO: Mayor. Councilmembers, City
Administrator~
/
FROM: Lee M. Mann, P.E.,
Director of Public Works/City Engineer
SUBJECT: Cooperative Agreement, Signal Revision
at Elm Street.
DATE: September 15,1997
INTRODUCTION
The signal revisions at Elm Street are necessary for the Elm Street Extension Project. The Elm
Street Improvements will be completed to provide access to the South Suburban Medical Clinic.
DISCUSSION
The Department of Transportation is providing one mast arm pole for the traffic signal revision.
Attached is the Agreement between the City of Farmington and the Department of Transportation for
the costs of the mast arm. This agreement needs ~o be executed before the State will supply the
signal contractor with the necessary mast arm. The State supplied mast arm will save approximately
$4000 in material costs and eliminate the two to three month waiting period.
BUDGET IMPACT
The estimated cost of the mast arm is $1300.00. Per the City's agreement with the South Suburban
Medical Clinic, this cost will be completely assessed to the Medical Clinic as part of the signal
reVISIOn.
RECOMMENDATION
Adopt the attached resolution executing the cooperative agreement for the siganal revision at Elm
Street.
~ectfullY SUbm,itted,
In ~"~J
--'
Lee M. Mann, P .E.
Director of Public Works/City Engineer
I
Citlj of Farminf/.ton 325 Oak Street. Farm;n9ton, MN 55024 · (612) 463.7111 · Fa~ (612) 463.2591
PRO P 0 SED
RESOLUTION
APPROVING AN AGREEMENT WITH MnDOT FOR
TRAFFIC CONTROL SIGNAL REVISION
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 15th day of
September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
BE IT RESOLVED that the City of Farmington enter into an agreement with the State of
Minnesota, Department of Transportation for the following purposes, to wit:
To revise the existing traffic control signal with street lights, emergency
vehicle pre-emption and signing on Trunk Highway No. 3 (Chippendale Avenue) at
County State Aid Highway No. 50 (Elm Street) {Old Trunk Highway No. 50}] in
accordance with the terms and conditions set forth and contained in Agreement
No. 76695, a copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to
execute such agreement, and thereby assume for and on behalf of the City all of the
contractual obligations contained therein.
This resolution adopted by recorded vote of the Farmington City Council in open session on
the 15th day of September, 1997.
Mayor
day of September, 1997.
Attested to the
City Administrator
SEAL
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 76695
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
~D
THE CITY OF FARMINGTON
TO
Revise the existing Traffic Control Signal with Street Lights,
Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 3
(Chippendale Avenue) at County State Aid Highway No. 50 (Elm
Street) [Old Trunk Highway No. 50] in Farmington, Dakota County,
Minnesota.
C.S. 1921-66
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
.~OUNT ENCill1BERED
City of Farminqton $ 1,300.00
None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", and the City of Farmington,
hereinafter referred to as the "City", WITNESSETH:
WHEREAS, Minnesota Statutes Section 161.20 (1994)
authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority
for the purposes of constructing, maintaining and improving the
Trunk Highway system; and
WHEREAS, it is justified and considered mutually
desirable to revise the existing traffic control signal with
street lights, emergency vehicle pre-emption and signing on Trunk
Highway No. 3 (Chippendale Avenue) at County State Aid Highway
No. 50 (Elm Street) [Old Trunk Highway No. 50]; and
WHEREAS, it is considered in the public's best interest
for the State to provide one (1) mast arm pole for said revised
traffic control signal.
Such materials as described immediately
above shall hereinafter be referred to as "State furnished
materials"; and
WHEREAS, the City and the State will participate in the
cost, maintenance and operation of the revised traffic control
signal with street lights, emergency vehicle pre-emption and
signing as hereinafter set forth;
76695
-1-
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City shall prepare the necessary plan,
specifications and proposal which shall constitute "Preliminary
Engineering". The City shall also perform the construction
inspection required to complete the items of work hereinafter set
forth, which shall constitute "Engineering and Inspection".
2. The City with its own forces and equipment or by
contract shall revise the existing traffic control signal with
street lights, emergency vehicle pre-emption and signing on Trunk
Highway No. 3 (Chippendale Avenue) at County State Aid Highway
No. 50 (Elm Street) [Old Trunk Highway No. 50] in accordance with
the plan and specifications for State Project No. 1921-66, all at
the cost and expense of the City.
3. The State will furnish to the City the State
furnished materials to be installed with the City work provided
in Paragraph 2. Estimated cost for State furnished materials is
$1,300.00. City's share is 100 percent.
4. Upon execution and approval of this agreement and
a request In writing by the State, the City shall advance to the
State an amount equal to its portion of the costs as specified In
Paragraph 3. The City's costs shall be based on the estimated
costs for State furnished materials.
5. Upon compilation of the actual costs for State
furnished materials, the amount of the funds advanced by che City
In excess of the City's share will be returned to the Cicy
76695
-2-
without interest and the City agrees to pay to the State that
amount of its share which is in excess of the amount of the funds
advanced by the City.
6. The construction work provided for herein shall be
under the direction and supervision of the City.
It is agreed,
however, that the State shall have the right to periodically
inspect said construction work.
7. Upon completion of the reV1Slon of the existing
traffic control signal with street lights, emergency vehicle
pre-emption and signing, the maintenance and operation terms
(including timing), and the power provisions shall remain as
provided for in Agreement No. 73142M, between Dakota County, the
City of Lakeville, the City and the State; and as provided for in
Agreement No. 74276, between the parties.
8. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the City and any and all claims that mayor might arise under the
Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part
of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the City. The State shall not be responsible
under the Worker's Compensation Act for any employees of the
City.
76695
~
-..)-
CITY OF FARMINGTON
APPROVED AS TO FORM:
By
City Attorney
Mayor
(City Seal)
By
City Administrator
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
DEPARTMENT OF TRANSPORTATION
By
Assistant Division Engineer
Assistant Commissioner
Dated
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
By
Assistant Attorney General
State of Minnesota
Dated
DEPARTMENT OF FINANCE
By
Dated
76695
-4-
/0 C4..
TO:
1.1avor, Councilr:1emiJers, City
.;'d~unistracor~
FROM:
Lee 1.1. Mann, p, E. ,
D~rector of Public Works/City
Engineer
SUBJECT:
Inflow and Infiltration in Main
Street project Area.
DATE:
Sepcember 15, 1997
INTRODUCTION
At the September 2, 1997 meeting, Council directed staff to research the possible
level of infiltration in the sanitary sewer in Main Street. If the infiltration
could be quantified, the cost to the City for that infiltration could be
calculated and the replacement of the sewer would have a cost saving component
that might help fund the sewer replacement.
DISCUSSION
Inflow and infiltration into a sewer system is highly dependent on various
factors and is difficult to quantify. The condition of the sewer line and the
manholes is of primary concern. The other factors are rainfall events and
groundwater levels. In July, as part of the City's yearly sewer televising
project, the Main Street sewer was re-televised. The information obtained from
the televising, rainfall data and measured groundwater levels could be used to
make an analysis of the existing pipe and make an estimate of the inflow and
infiltration. Mr. Fred Stenborg, an engineer at Bonestroo, has studied and
analyzed~nflow and infiltration in sewers for 15 years and would be able to take
the avaiJ,\ble data and make an estimate of the inflow and infiltration into the
Main Street sewer.
BUDGET IMPACT
Costs to perform an analysis that would produce an estimate of the inflow and
infiltration in the Main Street sewer would be minimal and funded through the
Sanitary Sewer Fund.
ACTION REOUESTED
Council direct staff to perform an inflow/infilt~a1:~on analysis for the Main
Street sewer.
Respectfully submitted,
~ In J;z...-~
~ M" ':l E'~
.....ce . ",ann, ~. ,
:Jirector of Public \']orks / Ci -:.y Englneer
cc: file
Citlj of FarminfJ.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463-7171 · Fa~ (612) 463-2591
IfJh
TO:
Mayor and Councilmembers
FROM:
lohn F. Erar, City Administrator
SUBJECT:
Train Whistles
DATE:
September 15, 1997
At the September 2, 1997 Council meeting, Mayor Ristow indicated continuing concerns with train
whistles relative to perceived unreasonably long train whistle blowing episodes in the early morning
hours by City residents. While it was felt that train whistle blowing was necessary when safety
considerations were in question, Mayor Ristow indicated that excessively long blasts of train whistles in
the early morning hours was unjustified.
DISCUSSION
As this issue has been before Council several times, I have attached a copy of a staff memo dated May 19,
1997 on whistle blowing requirements as background information.
In response to these continuing concerns, staff has contacted Ms. Corinne Hoeft, District Director for
Congressman's Luther office and left several messages for Mr. David Blackmore, Deputy Regional
Administrator and Patti Smith, Grade Crossing Manager with the Federal Railroad Administration (FRA)
regional office in Chicago, Illinios. No response has been received from the FRA as of the date of this
memo. A former City FRA contact, Mr. Harshaw, is no longer at this office.
Ms. Hoeft has indicated she will contact the FRA and both railroads on the City's concerns as well as
draft a letter to these agencies noting City concerns. Issues which were presented to Ms. Hoeft included
the belief that there was excessive train whistle blowing by certain train engineers in the early morning
hours. Ms. Hoeft, while noting the City's concerns, indicated that the FRA was in the process of drafting
and presenting a national policy on whistle blowing and related railroad issues.
Further, Ms. Hoeft indicated that the FRA wholly supports the railroad's rights to exercise this right and
her belief that the national FRA policy, if adopted, will invalidate any existing municipal train whistle
blowing bans on a national level. Nevertheless, she will convey on behalf of Congressman Luther's office
the City's message to the FRA and respective railroad companies.
ACTION REQUESTED
For Council information only.
R. eSP,W~ll ,u,mn, itted,
,/ Jil/J U .
-Jil't( ,- '-~.
John F. Erar
. City Administrator
/ .
CitlJ of Farminf/.ton 325 Oak Street. Farm;n9tonJ MN 55024 · (612) 463-7171 · Fa~ (612) 463-2591
<6<1.
TO: \bsor and Councilmembers
FROM: John F. Erar. City Administrator
SUBJECT: Train \Vhistles
DATE: :vlay 19. 1997
At the May 5, 1997 Council meeting, preliminary information was provided to Council relative
to resident complaints concerning the sounding of train whistles in the early morning hours. This
issue :lS discussed is difficult due to a number of legal and public safety issues \vhich essentially
grants the railroad the right to blow the whistle when public safety. in the judgement of the
conductor, is jeopardized.
DISCUSSION
~.:~.~!
Conversations with Mr. Greg Harshaw. Deputy Regional Administrator for the Federal Railway
Administration (FRA), suggest that this issue. and related issues are being reviewed under the
new regulations. Issues which complicate this matter, again.. are factors related to public safety
and City liability issues.
Under current law, railroads are required to sound their horns using a sequence of 2 long-2 short-
1 long blasts. There are no standards dileneating the length or duration of each blast other than
the requirement that the horns are sounded a Y. mile before each crossing and are required to be a
minimum of 96 decibels at 100 feet forward of the cab with no maximum decibels prescribed.
Accordingly, the horn tone. under current law. can be as loud as the railroad determines
appropriate.
One other aspect of this issue also suggests continued disturbance due to the fact that new trains
2.re now being placed in service with horns that are automatically sequenced. This new system.
according to the FRA official. produces a tonal quality which might be more chafing and in.
some cases. louder than the previous mJIlual horn sounding system. Accordingly, this change m
the horn system. will produce additional concerns.
One other issue which should be briefly addressed is the banning or' train whistles within affected
communities. Attached, please find information related to this issue and how other communities
have this ban. A study conducted by the FRA in the state of Florida conduded that night time
accidents at 511 crossings where a ban had been introduced since 1984 tripled (the study was
conducted in 1990). In contrast. nighttime accidents at crossings over a five year period where
whistleblowing occurred increased by 23 percen~. According to the FRA official. accidents did
incre:lSe substantially at crossing where bans were .imp~~ed.
Cit1/. of Farminq.ton 325 Oak Street. Farmin9tDn, MN 55024 · (612) 463.7111 · Fa~ (612) 463.2591
\layor and Council
Train \Vhistles
Page 201'2
Finally, the City may have the ability to enact a "quiet'" zone at the Elm Street crossing vihere a
new quadrant crossing gate will be installed either late this year or early 1998. This may
potentially allow the City to enact a whistle blowing "ban" at this location according to my
conversations with the FRA, however, there could still be legal and insurance liability issues
which would need to be addressed prior to any definitiye action being taken by Council. If
Council were to take this action. it \vould be recommended that the City Attorney and the City's
insurance carrier be contacted and asked to submit a written opinioIVstatement from a liability
standpoint to ensure coverage.
BUDGET IMPACT
None.
ACTION REQUESTED
A.ccording to information obtained, the next step would be to contact Congressman Luther's
office and ask for assistance in this matter. Prior to that contact. however. it may helpful to
:.1ccurately identify when the sounding of the train horns are abo\-e normal in the opinion or"
affected residents. and related direction from Council in terms or \vhat type of action to request
from the Congressman's office.
This could include a meeting moderated by a member orthe Congressman's staff\yith elected
officials. a letter or simply a phone call from the Congressman' s office to CP Rail notifying them
of our concerns. Chief Siebenaler has been in contact \,<ith the railroad on this issue in the past
with mixed results.
. J':'~-':',,\
-,
Please feel free to contact me with your thoughts on this matter prior to the Council meeting.
Respectfully submitted.
~~
J/hn F. Erar
.tity Administrator