HomeMy WebLinkAbout09.02.97 Council Packet
AGENDA
COUNCIL MEETING
SEPTEMBER 2, 1997
6: 30 P.M. - HRA Special Meeting - Cancelled
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 - 8/18 (Regular), 8/19 (Special)
b. Approve School/Conference Requests - Fire Department
c. Approve School/Conference Requests - Police Department
d. Approve publication of Summary - Graffiti Control Ordinance
e. Resolution - Support Continued Participation - Livable Communities
Act
f. Resolution - Amend R8-97 (Fees & Charges) - Arena Ice Time Rates
g. Resolution - Approve Grant Application Submittal - Tree Grant
h. Resolution - Accept Donation to Music in the Parks Series
i. Appointment Recommendation - Planning Coordinator
j. Update - 4th Street Storm Sewer Outfall Property Acquisition
k. Appoint Employee Assistance Program Provider
1. Approve Time Extensions for Recording Various Plats
m. Approve Agreement for Continuing Disclosure on Bonds
n. Approve Payment of Bills
6. PUBLIC HEARINGS/AWARD OF CONTRACTS
a. Award Contract - City Hall Roof Repair
7. PETITIONS, REQUESTS AND COMMUNICATIONS
a. Sewer Flow Update
b. Traffic Study Requests - 190th Street and Flagstaff Avenue
8. UNFINISHED BUSINESS
a. Resolution - Agreement on Railroad Crossing Gates - Elm Street
b. Update - Traffic Study on Elm Street
c. Update - House Moving Permit - East Farmington
9. NEW BUSINESS
a. Code of Ethics Ordinance - DRAFT
b. Resolution - Adopt Preliminary Levy/Set Date - Truth in Taxation
c. Initiate PUD Agreement Amendment - East Farmington
d. Fair Hills Pond Outlet Recommendations
e. Dakota County Estates 8th Drainage Issues
10. ROUNDTABLE
11. ADJOURN
TO:
Mayor and Councilmembers
FROM:
John F. Erar,
City Administrator
SUBJECT:
Supplemental Agenda Items
DATE:
September 2, 1997
It is requested that the September 2, 1997 agenda be updated in the following
manner:
Add Item 7b - Request for Traffic Studies on 190th Street and Flagstaff Avenue.
Memo from City Engineer Mann requesting Council approve a MnDOT traffic study for
the above listed streets.
RespeC;;u~itted'
J'Ihn F. li:
City Administrator
I
Citl}. of FarminlJton 325 Oak Street · FarminlJton, MN 550211 · (612) 1163-7111 · Fait (612) 463.2591
TO:
Mayor, councilmemb~1S'
City Administrator f1C..
I
FROM:
Lee M. Mann, P.E.
Director of Public Works/City Engineer
SUBJECT:
Request for Traffic Studies
190th Street & Flagstaff Avenue
DATE:
September 2, 1997
INTRODUCTION
Staff has had requests to lower the speed limit on 190th Street and on Flagstaff
Avenue.
DISCUSSION
The Department of Transportation is the governing body that has the authority to
set speed limits. Staff has received requests to post the speed limit on 190th
Street and lower the speed limit on Flagstaff Avenue. Before any speed limits can
be posted or lowered on either of these roads the State will need to perform speed
studies to determine their recommended speed limits.
The issues of stop signage at Euclid and 190th Street, speed limit and cautionary
signage for 190th Street were brought to Council on August 18. At that meeting,
Council directed staff to put up the caution signs for the trail and contact the
State regarding the speed limit studies. Currently, the speed limit being
enforced on 190th Street is 30 mph. The speed limit being enforced on Flagstaff
Avenue is 55 miles per hour.
The Department of Transportation requires a City to pass a resolution requesting
the speed limit study before they will go ahead and do one. Attached are the
resolutions for the two streets.
BUDGET IMPACT
None
RECOMMENDATION
That Council pass the attached resolutions requesting that the Minnesota
Department of Transportation perform traffic studies and recommend speed limits
for 190th Street and Flagstaff Avenue.
~t)fl~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
I
CitlJ. of FarminlJton
cc:
file
325 Oak Street · FarminlJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591
COUNCIL MINUTES
REGULAR
AUGUST 18, 1997
5a
-I..
1. The meeting was called to order by Mayor Ristow at 7:00 PM.
Members Present: Ristow, Cordes, Fitch, Gamer, Strachan.
Members Absent: None.
Also Present: City Administrator Erar, Attorney Grannis.
2. Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3. MOTION by Gamer, second by Fitch to approve the agenda with the addition of
supplemental materials for Item 5j (South Suburban Medical Center Industrial
Development Bonds), Item 6b (Award Elm Street Signal Revision Contract) Item 7b
(Discuss House Moving permit-Roger Randall) Item 9a (Improvement Bond Sale-1997) .
APIF, MOTION CARRIED.
4. Citizen Comments -None.
5. Consent Agenda
MOTION by Cordes, second by Strachan to approve the Consent Agenda as follows:
a) Approve the minutes - 8/4 (Regular).
b) Approve Playground Equipment Plan.
c) Adopt Resolution R93-97 - Call Date for Storm Sewer Revenue Bonds.
d) Approve Beer and Cigarette License - SuperAmerica.
e) Approve School & Conference Request - Administration.
f) Approve Sodding Trail in Nelsen Hills Farm PUD.
g) Approve Publication of Ordinance Summary - Overlay Zone.
h) Set Public Hearing - Easement Vacation in Industrial Park.
i) Approve Payment of Bills.
j) Execute Satisfaction of Health Care Facility Revenue Bonds -SSMC.
APIF, MOTION CARRIED.
6. Public Hearing - MUSA Expansion Comprehensive Plan Amendment
Dave Olson, Community Development Director, presented the Comprehensive Plan
Amendment which addresses five objectives of Regional Growth Strategy that need to
be met by 2010 if Farmington is to be granted 714 additional MUSA acres. The
Metropolitan Council has given interim approval for this MUSA expansion providing
the following criteria is met: 1) a revised land use plan that would provide 95-
200 acres of multi-family housing which will meet the goal of 32-36% non-single
family housing stock, 2) a staging of the growth area within the expanded MUSA, 3)
a resolution concerning height restrictions, 4) additional information on plans to
limit access to "A" Minor arterials including TH 3, CSAH 31, CSAH 50 and 195th
Street, and 5) document compliance with sewage flow limitations, not exceeding 2.3
mgd. The City has prepared this additional information and a revised application
will be submitted. MOTION by Gamer, second by Fitch to close the Pubic Hearing.
Motion by Gamer, second by Fitch adopting RESOLUTION R94-97, Approving Submittal
of MUSA Expansion Application, and RESOLUTION R95-97, Approving the Comprehensive
Plan Amendment. APIF, MOTION CARRIED.
7. Award Contract - Elm Street Signal Revision
City Engineer Lee Mann stated that the Elm Street Extension project providing
access to South Suburban Medical Clinic would require traffic signal modifications
(Project 97-15). The total project cost for signal modifications including
engineering, legal and administration costs is $69,727.50 with 100% of this amount
assessed to South Suburban Medical Clinic. Collins Electrical submitted the lower
base bid of $55,782.00. MOTION by Gamer, second by Cordes to adopt RESOLUTION R96-
97, Accepting Bid From Collins Electrical for Elm Street Extension Signal
Improvements. APIF, MOTION CARRIED.
8. Petitions, Requests and Communications - Review Weed Ordinance
City Engineer Lee Mann explained the current Weed Ordinance and staff
implementation. Its interpretation has been questioned when the growth of tall
grass and weeds are allowed on slopes too steep to mow, around ponds and natural
wildlife areas. County and State Noxious Weed Ordinance which supersedes the
City's would still have to be observed. Members of the audience advised that some
clarification of prairie grasses and their location on platted properties could
also be included in a revised ordinance. It was the consensus of the Council to
have staff rewrite the Weed Ordinance, which would delineate these situations,
thus making it less subjective.
9. Petitions, Requests and Communications - House Moving per.mit - Roger Randall
Dave Olson gave a status report of the house moving application for the former
Thelen house, making way for the extension of Elm Street and the access to the
hospital. A remnant parcel from Outlot N will be created with the new street
construction. It is a buildable lot size in an R-2 zone\PUD zone. The Planning
Commission approved the special exception\conditional use at its August 5th
special meeting, subject to a number of conditions based on intense criteria.
Several members in the audience expressed concerns about drainage, zoning, the
height of the house on the raised lot, its architectural compatibility with its
placement in the new East Farmington development. Audience was assured that the
drainage plans will not adversely affect the neighboring area. Attorney Grannis,
Administrator Erar and Director Olson will review all submittals, compliance with
the conditions set forth, and will keep abutting owners informed of the progress.
No action was required of the Council since it was an INFORMATION ONLY item.
10. New Business - Bond Sale
Finance Director Robin Roland reported that the sale of the General Obligation
Improvement Bonds for the funding of the Larch and Elm Street projects will net an
interest rate of 4.9451% making the total interest cost $166,787. MOTION by Gamer,
second by Fitch adopting RESOLUTION R97-97 Awarding the Sale of the $635,000
General Obligation Improvement Bonds of 1997 to John G. Kinnard at a Net Interest
Rate of 4.9451%. APIF, MOTION CARRIED.
11. New Business - Request for Stop Signs at 190th and Euclid Path
Police Chief Dan Siebenaler explained the signage requests and the traffic
problems researched on 190th Street near Euclid Path. A 4-way stop sign at 190th &
Euclid Path, a cautionary sign on the bike path at this location and speed limit
signs on 190th Street have been requested. The data collected indicates there is a
problem with vehicles failing to stop at the existing stop signs on Euclid Path.
Siebenaler explained that 190th is a collector street, wide enough to handle a
large volume of traffic. Stop signs are proposed at 190th and the new pilot Knob
alignment, therefore 4-way signage at 190th and Euclid Path would be overdone on
this collector street. Temporary stop signs until the reconstruction are not
recommended because of the liability to the City after removal. Speed limit
signage would require traffic study performed by the Department of Transportation.
After the consideration of all the information presented along with audience
input, the Council agreed to follow the staff recommendation that: 1) the
intersection of 190th and Euclid Path remain a two-way stop, 2) that cautionary
signs be posted at the approaches to the bike path on 190th Street, 3) MnDot be
requested to conduct a traffic survey to determine a speed limit and post the
signs as soon as possible.
12. New Business - Hi1lview Storm Sewer Catch Basins
City Engineer Lee Mann introduced the two options for the relocation of the storm
sewer catch basin and outlet when Everest Path connects to Upper 183rd Street.
Option one would relocate the catch basin at the northwest corner, allowing the
drainage to be intercepted as it is today for the estimated cost of $5,500, not
including the easement acquisition. Option two consists of constructing three
catch basins, two on Upper 183rd and one at the northwesterly corner of the
intersection. This option would provide more capacity to intercept the runoff,
resulting in less ponding in a heavier rain. Also the additional catch basins
would be sufficient for a future storm sewer on Upper 183rd where there presently
isn't one. Option two would cost approximately $15,500 not including easement
acquisition. Either option would be funded through the storm water utility funds
and option two is the preferred option from the engineering standpoint. MOTION by
Gamer, second by Strachan to go with option two. ABSTAIN: Fitch. VOTING FOR:
Ristow, Gamer, Cordes, Strachan. APIF, MOTION CARRIED.
13. Roundtable
Parks and Recreation Director Jim Bell: Reported that the damaged path in Nelsen
Hills has been repaired.
Community Development Director David Olson: The exterior restoration of the
Exchange Bank Building is nearing
completion and looking at a unveiling for the first week in September.
Counci1member Strachan: 1) Would like to see some written guidelines on codes of
conduct and conflicts of interest that Council can refer
to when making decisions on issues, 2) Suggested the formation of a Traffic
Signage Committee that would review requests and make recommendation to the
Council, 3) Commended the Police Department for their outstanding work of a 59%
clearance rate.
Mayor Ristow: Appreciated the efforts of those who participated in the recent
Ramble and Amble Cancer fundraiser.
MOTION by Fitch, second by Gamer to adjourn at 10:45 PM. APIF, MOTION CARRIED.
Respectfully submitted,
Jeanne Stanek
Secretary
COUNCIL MINUTES
SPECIAL
AUGUST 19, 1997
5q
--2
1. The meeting was called to order by Mayor Ristow at 7:00 P.M.
Members Present: Ristow, Cordes, Fitch, Gamer, Strachan.
Also Present: City Administrator Erar, staff members Roland, Olson, Siebenaler, Bell,
Mann and Finstuen.
2. The purpose of the meeting was to review the proposed 1998 General Fund Budget which had been
distributed to the City Council on August 4, 1997. City Administrator Erar gave a brief overview. The
proposed 1998 General Fund expenditures total $3,542,640, including operating transfers out. This is a
decrease in operating funds of ($76,756) over last year, and represents a 2.1 percent decrease of the 1997
adopted budget. This decrease is a partial result of both a structural budget change which recognizes
engineering and administrative revenues on only those projects which are ordered and approved by
Council.
One very important consideration in the budget process was to also work towards a reduction in the
City's local tax capacity rate. The 1998 proposed budget provides for a rate reduction from 34.9% to
33.75% and contained within this reduction is a supplemental debt levy to ensure adequate revenues for
debt repayment, with deficit reduction in the debt service funds a high priority.
Under the proposed 1998 budget, the City will have less revenues than in 1997 for general operations and
services, with a net reduction in operating expenditures of $5,184. These reductions, however, still
provide for the adequate provision of local government services in all departments.
Finance Director Roland reviewed the proposed 1998 budget summary revenues, by type, for all funds
and the general fund revenues. Council discussed the need to build a 'rainy day fund'and that the budget
was based on a certain level of growth. A comparison of city taxes on an average priced home was
made.
Councilmember Fitch commended Administrator Erar for the positive changes which had been made in
staff and in procedures since his arrival at the City. The Mayor and Council also thanked the
Administrator and Finance Director for the manner in which financial practices by past administration
are being corrected. The Mayor and Council expressed their appreciation for the excellent presentation
by Administrator Erar and Finance Director Roland. Administrator Erar commended the management
team for their participation and cooperation in making the process productive.
3. Motion by Fitch, second by Gamer to adjourn at 8:20 p.m.
Respectfully submitted,
d/U-u- J;~
Karen F instuen
Administrative Service Manager
5b
FROM:
Mayor, Councilmembe}f:
City AdministratoI7.JK
I'
Ken Kuchera, Fire Chief
TO:
SUBJECT:
School/Conference Requests
DATE:
September 2, 1997
INTRODUCTION/DISCUSSION
Request #1 - The Fire Department has recruited four new members who need to
attend a basic training course in firefighting techniques. Dakota County
Technical College provides a Firefighter I Course in the evenings which three
of the new members are able to attend. One of the new members needs to attend
a daytime course which is offered by Hennepin Technical College. The courses
offered by both colleges are of equal caliber and cost.
Request #2 - The 1997 Minnesota State Fire Chiefs Annual Fall Conference is
being held in Rochester, Minnesota. The conference provides valuable
information on new firefighting, rescue and HazMat techniques and equipment.
The Fire Chief and the two Assistant Fire Chiefs are requesting to attend.
BUDGET IMPACT
The 1997 Budget contains adequate funds to cover the cost of these requests.
ACTION REQUIRED
Approve the requests for four new firefighters to attend the Firefighter I
Course at either Dakota County or Hennnepin Technical Colleges, and the
request for attendance at the State Fire Chiefs Conference.
Respectfully submitted,
~~cA:eu~
Ken Kuchera
Fire Chief
FD1
CitlJ of Farmin9ton 325 Oak Street · FarminlJton, MN 5502t., · (612) 463.7111 · Fait (612) 463.2591
(j)
REQUEST FORM
SCHOOLS/CONFERENCES/TRAINING
DEPARTMENT h~ DATE OF CONFERENCEfL!$'h2/ JJ.1LtJ.L?J
LOCATIo~i:~~~~___~~~:~;____
EMPLOYEE (S) ATTEND I NG : ~ ~ -~-' ---~~1P-------------
- ~ ~----------
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TYPE OF ~~E~~~~,,~_~ d!a~.xf}:'~-;:-- ______________
TOPICS 1 ~~~___ _~__~ _ ________________
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METHOD ~~-T~~ =-- -~ ;Z~=1L~~===
Arnc,~~t Pt~c,vided irl Adjl.lst~ 1) Tt~avel $__:..~!?:::_______
191~_ Budget $-49~~-- 2) Registrati~u~n~$--~~_~_
3) RCIC'f., $ "J n- -r
4) Meals $-~Y~~Jt=-------
5) Other E;p;n;e $==~~~
$-- ,qq~~-
$ _ /,..z.I-S~CJ(....CSL
ArllOl.mt Request
Arllt Rerna i n i rig
~f :.:..:_ fI[:y _C(j,?pllO
Departrnen~Date
Finance Director Date
- V.e~ 31-zy'97
-------------------~---
TO MAYOR AND COUNCIL
I RECOMMEND THE ABOVE REQUEST BE APPROVED.
CITY ADMINISTRATOR
---------------------~----
Date
ACTION TAKEN BY THE COUNCIL
ON THE ______ DAY OF __________________, 19
(APPROVED)
(NOT APPROVED)
Rev 9/86
'/,',
,~
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REQUEST FORM
SCHOOLS/CONFERENCES/TRAINING
DEPARTMENT _E.vY!:_________ DATE OF CONFERENCEtjL'[IZ__/ _!2A;JfJ
Ft~Or.l To
LOCATION~~tli,~L~rbkf.k";LL!<lh~.L ~ .
EMPLOYEE ( S) ATTEND I NG : ~ ~ ::S~::::~~~~::::::::::::::::::::::::::::::
3)___~_______::::_________________
TYPE OF COtjFERENqEF:~_ 1.-,,~ i'-~- -.::-.------------------
TOPICS 1) ~~' _ ~ ~ _ _________________
2) . ______ I _________________
3)
Amol.lr.t Request
Af.lt Ref.la i rti rig
$ __~ff?.<L~_
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-----~J]i~=========
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2) Re g is t t~a ti;;;:;-$=3"~~~~
3) Rercofl1 $ · '(A-
4) Meals $=~~========:
5) Other Expense $________
METHOD
Arl1C'lmt Pt~clvided i r~~~t~
1392_ Budget $_~~__
&_~_ __lJ?JJf7
Department Head Date
Finance Director
Date
~-r~./ ~8/77
----------------------------------~-------------------
TO MAYOR AND COUNCIL
I RECOMMEND THE ABOVE REQUEST BE APPROVED.
CITY ADMINISTRATOR
Date
ACTION TAKEN BY THE COUNCIL
ON THE ______ DAY OF __________________, 19
(APPROVED)
(NOT APPROVED)
Rev 3/86
~)
- ~ .
REQUEST FORM
-
-_ -SCHOOLS/CONFERENCES/TRAINING
Arnc.unt Pl"C'V i ded i n ~~ ~st ed
19~1 Budget $_~~k2__
Arllol_lnt ReqlJest $_..life.7.1~_
Alllt Rellla i r'li rig $ ___"ji.-'1..:'_===-
~_~:!~ · _&l2LLV
DepartMent Head~ Date
DEPARTMENT _E~_________ DATE OF CONFERENC~d.!~_/ _(ld-..:!Z /9?7
fl. F~~O
LOCATION_~C~_~~___~~________________
EMPLOYEE(Sl ATTENDING: ~:~~~=~==~===========
~ ____~E:__ ~--~~---------
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TOPICS 1)_ _~~ _~~~_~~__~~_~~~-a:~~:::
~:-' _ - --~~~f~-~-----------------------
METHOD ~F-~~EL_____ - - ~J5t~:================
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2) RegiStl"atfs:'n '~~~?!
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4) Meals $___~L _~_______
5) Other Expense $___~__
Date
../.~ -y~~~ 10/97
--------------------------------~~-=----------------------
Finance Director
, I
TO MAYOR AND COUNCIL
I RECOMMEND THE ABOVE REQUEST BE APPROVED.
CITY ADMINISTRATOR
-------------------~~~----
Date
ACTION TAKEN BY THE COUNCIL
ON THE ______ DAY OF __________________, 19
(APPROVED)
(NOT APPROVED)
Rev 9/86
5e
FROM:
Mayor, COUnCilmem.~ r a arnd
City Administrator /11'--
Daniel M. Siebenaler
Chief of Police
TO:
SUBJECT:
School and Conference request
DATE:
September 2, 1997
INTRODUCTION / DISCUSSION
Two school and conference opportunities have been made available to police department staff that should
prove to be valuable to department operations.
The fIrst school is a dispatcher course being offered in Waseca on November 13-14. This is a nationally
recognized training course and is highly recommended by other dispatchers in our area. Toni Shefchik
would attend both days. The cost of the training is $199,00
The second conference is a Sex Offender Investigator's course. It is recommended that Detective Jerry
Wacker attend this conference on October 8-10 in Brainerd. The cost of this conference is $315.00
BUDGET IMPACT
The cost of both conferences is available in the 1997 Police Department Budget.
ACTION REQUESTED
Approve School and Conference requests as described.
Respectfully submitted,
~~ J~~~t -.J~
Daniel M. Siebenaler
Chief of Police
CitlJ. of FarminiJton 325 Oak Street. Farmintjton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591
~
FROM:
Mayor, Council and
City Administrato~
Mary Hanson, Clerk Typist
TO:
SUBJECT:
Ordinance Summary
- Graffiti Control
DATE:
September 2, 1997
iNTRODUCTiON/DiSCUSSiON
Ordinances must be published in the City's official newspaper after adoption.
Because of its length, the cost of publishing the full text of the recently
adopted Ordinance 097-400 - Graffiti Control - would be quite high. State
Statute permits the publication of an ordinance summary, if approved by a 4/5
vote of the City Council.
The City Attorney has reviewed and approved the attached summary.
ACTiON REQUESTED
Approve the publication of the summary.
Respectfully submitted,
--". ~"
~.
. ~
. Mary H nson
Clerk Typist
mh2
CitlJ. of FarminlJton 325 Oak Street · Farm;ntjton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 097-400
The following is the official summary of Ordinance No. 097-400
which amends Title 6 by adding Chapter 11 to the City Code
Title 6 - General Offenses
Chapter 11 - Graffiti Control
This ordinance amends the City Code by adding Chapter 11 - Graffiti Control.
6-11-1: PURPOSE: Declares graffiti to be a public nuisance and health/safety
hazard. Sets policy which may help in preventing additional
or new defacement of property.
6-11-2: DEFINITIONS: Defines what acts constitute graffiti.
6-11-3: UNLAWFUL CONDTJCT REGARDING CREATION OF GRAFFITI: Makes the placement of
markings defined as graffiti by Section 6-11-2 a misdemeanor, unless
authorized by the property owner.
6-11-4: REMOVAL OF GRAFFITI: Provides options for removal of graffiti from
property. Property owners may request City to
have graffiti removed, subject to conditions, and reimbursement of City costs.
It also grants the City the authority to remove graffiti if owner fails to either
remove it or request the City to remove it.
6-11-5: CITY POLICE TO IDENTIFY: Gives the Police Department the authority to
investigate and identify graffiti. Provides a
policy for property owner notification, sets a time frame for removal, and
verification of graffiti removal. Authorizes City Clerk to schedule a public
hearing if graffiti is not removed within time allowed. Clerk shall notify
property owner of hearing date and preliminary findings, and of Council's
authority to order City removal of graffiti at owner's expense.
6-11-6: HEARING: Explains public hearing procedure and places responsibility
for determining if graffiti exists on the City Council.
Authorizes Council to direct its removal.
6-11-7: NOTICE TO OWNER: Authorizes the City Attorney to mail a written order
to owner which shall contain the following: Property
description, Council findings, request for owner removal of graffiti, and legal
action which can be taken upon failure of removal.
Provides for service of order on property owner, filing of order with Court
Administrator, default clause, handling of contested cases in Court and
enforcement of judgment.
including all filing, service,
fees, and traveling expenses.
Establishes the method for reimbursement of all
costs associated with City removal of graffiti,
publication, attorney, appraiser, and witness
6-11-8: COSTS TO BE ASSESSED:
6-11-9: GRAFFITI ABATEMENT CIVIL IN NATURE: Sections 6-11-7 and 6-11-8 relating
to abatement of graffiti are not
treated as misdemeanors or criminal in nature.
6-11-10: PENALTY: Lists fine and/or imprisonment guidelines for offense.
A printed copy of the full text of this ordinance is available for inspection by
any person during regular office hours at the office of the City Clerk.
This summary is adopted the 2nd day of September, 1997.
City of Farmington
Gerald Ristow, Mayor
ATTEST:
John F. Erar, City Administrator
5e
TO:
~ayor, C~U?Cilme~.,P.Ns ,
CIty AdmmIstrator "o/f--/
/
FROM:
David L. Olson
Community Development Director
SUBJECT:
Local Housing Incentives Account
ProgramlLivable Communities Act
DATE:
September 2, 1997
INTRODUCTION
The City of Farmington is a participant in the Metropolitan Livable Communities Act (LCA) program
administered by the Metropolitan Council. As a participant in LCA, Farmington is eligible to receive an
"Affordable and Life-cycle Housing Opportunities Amount (ALHOA) from the Met Council.
DISCUSSION
The City Council needs to determine if it wishes to participate in the LCA again in 1998. Participation in
this program entitles the City to receive an ALHOA contribution from the Met Council in 1998 in the
amount of $4,607. This amount is determined by a formula utilizing market values, tax capacity and tax
rates. The funds can be used for housing assistance, development or rehabilitation programs, or local
housing inspection and code enforcement.
Participation in the LCA also allows the City to access $11 million in funds available for other housing
development, clean-up of polluted sites, and other business and housing development programs.
BUDGET IMPACT
Participation in this program enables the City to access funds and programs that would not otherwise be
available.
ACTION REQUESTED
The City of Farmington has previously made a commitment to participate in the LCA program and we
have in-fact joined in with other Dakota County cities to coordinate our efforts in this regard. It is the
recommendation of staff that the Council adopt the attached resolution indicating the City's intention to
participate in this program again in 1998.
Respecrrully s~~
vId L. son
Community Development Director
CitlJ. of FarminlJton 325 Oak Street. FarminlJton, MN 5502~ · (612) 463.7111 · Fait (612) 463.2591
~ Metropolitan Council
n Working for the Region. Planning for the Future
AUG t 3 1997
DATE:
August 12, 1977
FROM:
City Managers and Administrators
Thomas C. McElveen, Deputy Director, Community Development Division If"-
TO:
SUBJECT:
Certification of 1998 ALHOA
Thank you for your participation in the 1997 Metropolitan Livable Communities Act (LCA) program.
Your community's commitment and involvement has contributed to the region's overall economic
competitiveness and made tangible progress in providing affordable and life-cycle housing for metro
area residents.
Looking ahead to 1998, the Metropolitan Council seeks your community's renewed participation and
continued cooperation in Livable Communities efforts. As part of the LCA legislation, the Council
provides to each community on an annual basis an "Affordable and Life-cycle Housing Opportunities
Amount (ALHOA)". The ALHOA is derived from the formula prescribed in law including market value,
tax capacity and tax rates by the county assessor. It is an amount of local expenditure to support or assist
the development of affordable and life-cycle housing or maintain and preserve such housing.
Communities have flexibility in determining the use of their ALHOA contribution. Examples include
local dollars for housing assistance, development or rehabilitation programs, local housing inspection
and code enforcement, tax levy to support local or county HRA.
Incentives for your community's renewed participation include access to $11 million for housing
development, clean-up of polluted sites for business and housing development, and mixed use
development. Also, your community's ALHOA expenditure will be reported in the Council's Annual
Housing Report Card required by the LCA.
Your community's intent to participate in the 1998 Metropolitan Livable Communities program is
needed by Nov. 15. To help you in the preparation, a model resolution is enclosed. Planning assistance
for staff or information presentations for elected officials are available by contacting your sector
representative (see below). Questions about the ALHOA can be referred to Guy Peterson at 602-1418.
We look forward to continuing our regional commitment to affordable and life-cycle housing. Thank
you for your consideration.
Sector Representatives:
Anoka, Washington, and Ramsey Counties
Dakota, Carver and Scott Counties
Hennepin County
Minneapolis and S1. Paul
Guy Peterson
Carl Schenk
Tom Caswell
John Kari
602-1418
602-1410
602-1319
602-1548
u: \kru ger\oeterson \npart97b.doc
230 East Fift'l1 Sti-eet St. Paul. Minnesota 55101-1634 (612) :291-6359 Fax 291-6550
TDD/TIT 291-0904 Metro Info Line 229-371'0
.'\n Equal OpponUTUCtl Emp/ol/f:'r
PRO P 0 SED
RESOLUTiON
ELECTiNG TO CONTiNUE PARTiCiPATiNG iN THE LOCAL HOUSiNG iNCENTiVES ACCOUNT PROGRAM
UNDER THE METROPOLiTAN LiVABLE COMMUNiTiES ACT FOR
CALENDAR YEAR 1998
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 2nd day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section
473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is
intended to address housing and other development issues facing the metropolitan
area defined by Minnesota Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and the
Local Housing Incentive Account, is intended to provide certain funding and other
assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or
loans under the Metropolitan Livable Communities Fund or eligible to receive
certain polluted sites clean up funding from the Minnesota Department of Trade and
Economic Development unless the municipality is participating in the Local Housing
Incentives Account Program under the Minnesota Statutes Section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life-cycle
housing goals for that municipality that are consistent with and promote the
policies of the Metropolitan Council as provided in the adopted Metropolitan
Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions
the municipality plans to take to meet the established housing goals through
preparation of the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing,
negotiated affordable and life-cycle housing goals for each participating
municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the
Local Housing Incentives Account Program must do so by November 15 of each year;
and
WHEREAS, for calendar year 1998, a metropolitan area municipality that
participated in the Local Housing Incentive Account Program during the calendar
year 1997, can continue to participate under Minnesota Statutes Section 473.254
if: a) the municipality elects to participate in the Local Housing Incentives
Account Program by November 15, 1997; and b) the Metropolitan Council and the
municipality have successfully negotiated affordable and life-cycle housing goals
for the municipality.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during the calendar year 1998.
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
TO:
Mayor, Councilmem~s
City Administrator?'I/~
. /
James Bell, Parks and Recreation
Director
FROM:
SUBJECT:
Amend Resolution - Ice Arena Rates
DATE:
September 2, 1997
INTRODUCTION
Council consider an increase in the ice rates for the skating season from January 1 - June 30, 1998,
DISCUSSION
The ice season does not correspond with the budget year, therefore, staff requests Council approve an
increase to $115 / hr. effective until June 30, 1998. When staff submits the 1998 fee schedule, this rate
increase will be indicated. All future rate increases will correspond to the ice season. For example, the
recommendation for ice rates to Council on January 1, 1998 will include the $115 / hr. rate and any
proposed July 1, 1998 rate.
Staff has attached an ice rate schedule of various arenas which was received from Hastings.
BUDGET IMPACT
This proposed increase in ice rates will increase revenues. This will keep the Farmington rates
comparable to other arenas in the area and keep up with rising costs.
ACTION REQUESTED
Council adopt a resolution increasing the ice rates at the ice arena to $115 / hr. effective January 1, 1998.
Respectfully submitted,
"J~,~~ ~~JQ
James Bell
Parks and Recreation Director
Sf
CitlJ. of FarminlJton 325 Oak Street · Farmintjton, MN 55024. (612) 463.7111 · Falf (612) 463.2591
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PRO P 0 SED
RESOLUTION
AMENDING RESOLUTION NO. R8-97 (1997 FEES AND CHARGES)
- ARENA ICE TIME RATES -
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Farmington, Minnesota, was held in the Council Chambers of said City
on the 2nd day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City Council has the right to establish fees for services provided
by the City; and
WHEREAS, the Council has determined that fees for ice time at the Farmington
Arena should be increased for the winter skating season, beginning January 1,
1998.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. R8-97 be amended by changing
fees for ice time at the Farmington Arena, effective January 1, 1998:
Ice Arena Rates
Ice Time
Prime Time
6:00 A.M.
9:4S P.M.
10:00 P.M.
10:lS P.M.
10:30 P.M.
10:4S P.M.
11:00 P.M.
$11S.00/hour
8S.00/hour
110.00/hour
10S.00/hour
100.00/hour
9S.00/hour
90.00/hour
8S.aO/hour
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.
SEAL
City Administrator
TO:
Mayor, Councilmem!WJ ...
City Administrator r-
59
FROM:
James Bell, Parks and Recreation
Director
SUBJECT:
Adopt Resolution Approving Application
Submittal - Tree Grants
DATE:
September 2, 1997
INTRODUCTION
The Minnesota Department of Natural Resources - Division of Forestry (DNR) now has matching funds
available for local communities to plant trees through Minnesota Releaf.
DISCUSSION
The Minnesota legislature has approved $ 740,000 for local projects to plant trees, The Community Tree
Planting Program is to provide matching funds to achieve public benefits through the planting of
predominantly native trees within Minnesota communities. The maximum grant per project is $ 10,000,
however applicants, may submit and receive more than one grant. Applicants must contribute at least 50
% of the project cost either in cash or inkind contributions.
Staff has identified the following two projects for Council consideration:
. Tree planting in the Prairie Waterway corridor. - A planting plan is being developed for Council
consideration and funds have been set aside for these plantings. This grant will allow the City to
plant twice as many trees as originally funded.
. Boulevard tree planting. - Replacement of diseased and dead trees budgeted for in 1998 could be
expanded with the grant funds.
BUDGET IMPACT
The grant funds will allow the City to expand present tree planting programs, The matching funds are in
the budget.
ACTION REQUESTED
Council adopt a resolution to submit two grant applications to the DNR. One for planting trees along the
Prairie Watenvay and the other for boulevard tree planting,
Respectfully submitted,
Jc-- ~~Q
James Bell
Parks and Recreation Director
CitlJ. of FarminlJton 325 Oak Street · Farmintjton, MN 55024 · (612) 463.7171 · Fait (612) 463.2591
PRO P 0 SED
RESOLUTION
APPROVE APPLICATION FOR MINNESOTA DNR GRANT
FOR COMMUNITY TREE PLANTING PROGRAM
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Farmington, Minnesota, was held in the Council Chambers of said
City on the 2nd day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, the Department of Natural Resources Forestry Division has matching
fund grants available for local tree planting projects through the Minnesota
Releaf Program; and
WHEREAS, the City has budgeted funds for tree planting projects in 1998 and
the matching grants would allow the scope of these projects to be expanded.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington
hereby approves the submittal of an application to the Minnesota Department of
Natural Resources Division of Forestry for a matching fund grant.
BE IT FURTHER RESOLVED that said funds, if granted, will be used to expand the
tree planting program along the prairie Waterway and for additional boulevard
tree planting and replacement.
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
Sh
TO:
Mayor, Councilme~rs
City Administratorf(f~
James Bell, Parks and Recreation
Director
FROM:
SUBJECT:
Adopt Resolution Accepting Donation
for 1998 Concert Series
DATE:
September 2, 1997
INTRODUCTION
Staffhas received a donation of $3,000 for the 1998 Concert Series in the Park.
DISCUSSION
The Farmington Chorale has donated $3,000 from their charitable gambling funds for securing acts to
perform in the park. These funds will replace the 1997 grant from the Minnesota Recreation and Parks
Association.
BUDGET IMPACT
The funds will support the program which was not budgeted for in 1998,
ACTION REOUESTED
Council adopt a resolution accepting the $3,000 donation from the Farmington Chorale for the 1998
Concert Series in the Park.
Respectfully submitted,
,J____ c~---QQ
James Bell
Parks and Recreation Director
cc: Joy Lillejord, Recreation Program Supervisor
I
CitlJ of FarminlJton 325 Oak Street. Farmintjton, MN 55024 · (612) 463.7111 · Fait (612) 463.2597
PRO P 0 SED
RESOLUTION
ACCEPTING DONATION OF $3,000 TO 1998 CONCERT IN THE PARK SERIES
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Farmington, Minnesota, was held in the Council Chambers of said
City on the 2nd day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the Farmington Chorale has donated $3000 to the 1998 Concert in the
Parks Series; and
WHEREAS, it is in the best interest of the City to accept such donation.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the
generous donation of $3000 from the Farmington Chorale to be used to fund the
1998 Concert in the Park Series.
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
5;
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Appointment Recommendation -
Planning Coordinator
DATE: September 2, 1997
INTRODUCTION
The City has been approached by former City Planning Coordinator Lee Smick regarding the
possibility of her being re-appointed as Planning Coordinator.
DISCUSSION
Ms. Smick has indicated a strong interest in returning to the City in her former capacity. Her
decision to return is based on a desire to continue work on a number of on-going planning
projects, and, in general, a misperception of what her new job responsibilities were to have been
in her current position.
In light of Ms. Smick's strong qualifications, her familiarity with City planning issues, and
exceptional performance during her tenure with the City, her return at this time would be very
beneficial to the City. Lee has also indicated a willingness to commit to a minimum of three
years as Planning Coordinator, if not longer.
Ms. Smick has been working as a temporary planning intern in the Community Development
Department for the last two weeks.
BUDGET IMP ACT
Savings with respect to the hiring process and time spent training and orienting a new staff
member to the variety of planning and growth issues affecting Farmington would be significant.
RECOMMENDATION
Approve the reappointment of Ms. Lee Smick as Planning Coordinator effective September 1,
1997.
Re~pectfu' submitted,
t, 1(r~~
ohn F. Erar
City Administrator
CitlJ. of FarminlJton 325 Oak Street · FarminlJton, MN 55024 · (612) 463.7111 · FaJf (612) 463.2591
From:
Mayor, Councilmembers,
City Administrato~
David L. Olson, Community
Development Director
5.
J
Memo To:
Subject:
Purchase of Land/4th Street
Outfall Project
Date:
September 2, 1997
INTRODUCTION
The City has included in this year's Capital Improvement Program, construction of a storm water outfall
pond on land located along 4th Street near the intersection of Willow Street. This property is currently
owned by Marigold Foods.
DISCUSSION
This project is needed because of a collapsed storm sewer in this area that previously drained into the
Vermillion River. This project was bid along with the Elm Street project. The bid was awarded by the City
Council at the August 4, 1997 meeting.
Marigold agreed to share in the cost of completing an appraisal of the parcel in question that contains
27,758 square feet. Harvey Snyder recently completed this appraisal of the property which stated a market
value of the property of$9,100. During preliminary negotiations with Marigold, they indicated a
willingness to sell the property for $12,500. This amount is still less than the original value of$16,000
carried on the property on the Company's balance sheet. The company agreed to reduce the asset value in
an attempt to cooperate with the City
Staff is recommending entering into a purchase agreement for the purchase of this property for the agreed
amount of$12,500.
BUDGET IMPACT
This is within the amount contained in the project budget for the acquisition of the necessary land, and will
be funded through the Storm Sewer Construction Project fund.
ACTION REQUESTED
Authorize staff, along with the City Attorney, to prepare a purchase agreement which will incorporate the
necessary terms and conditions in addition to the purchase price of$12,500 of the needed property from
Marigold.
Re spectlU .1.' SUb~.d.' .~
, 1 /~.. ,/ /
/,/ /?-';/'~ ' . '
/'
'.,~
via L. Olson '
Community Development Director
CitlJ. of FarminlJ.ton 325 Oak Street · FarminlJton, MN 55024 · (672) 463.7111 · Fait (612) 463.2591
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FROM:
Mayor, Councilmembers,
City Administrator ~
Brenda Wendlandt
Human Resources Coordinator
5k
TO:
SUBJECT: Employee Assistance Program
DATE:
September 2, 1997
INTRODUCTION
The City's current Employee Assistance Provider, Linda Norton, will no longer be providing Employee Assistance
services for the City, effective September 1, 1997. The services an Employee Assistance Program provides are a
valuable benefit not only to the employee but also to the employer. Therefore, it is important for the City to find
an Employee Assistance Program (EAP) that meets the needs of both City and staff at a reasonable cost.
DISCUSSION
There were three criteria used to determine what Employee Assistance Program would be the best choice for the
City and it's employees. Those criteria are: access to counselors, range and level of services, and cost.
Three EAP's submitted proposals to become the City's Employee Assistance provider: Ceridian Performance
Partners, T.E.A.M., Inc., and Family Service Employee Resources. All three offered a wide variety of services but
there were significant differences regarding each program and the costs involved. After a thorough review of the
proposals received, T.E.A.M., Inc. has been identified as the favored vendor.
T.E.A.M., Inc. offers a wide variety of services and are very responsive to their clients. T.E.A.M. is also used by a
number other Metropolitan Cities. Three of these cities were contacted and all three stated that they were very
pleased with the services offered by T.E.A.M., Inc. The cost for this program is $1134.00 annually based on a 7%
utilization rate by 54 employees (a 9% utilization rate would be $1458.00 annually).
BUDGET IMPACT
By implementing T.E.A.M. Inc. as the City's new EAP provider, the City will see a reduction in current costs by
approximately $3000.00 annually.
RECOMMENDATION
Approve T.E.A.M., Inc. as the new Employee Assistance Program provider for the City of Farmington.
Respectfully submitted,
"
, ,,- .-.
..' . / -,'
,/\,.. , I/_..d:t ~ ; , ,
y~ ~j;--t ILL
/ Brenda Wendlandt
Human Resources Coordinator
CitlJ. of FarminfJ.ton 325 Oak Street · FarminlJton, MN 55024. (612) 463.7111 · Fait (612) 463.2591
51
FROM:
Mayor, Councilmembers,
City Administratort;lft/
/
David L. Olson, Community
Development Director
TO:
SUBJECT:
Time Extensions for
Recording of Plats
DATE:
September 2, 1997
INTRODUCTION
City Code requires that developers record fmal 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 1, 1997
Heritage Nelsen Hills Farm February 3, 1997 December 1, 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 offmal plats for Pine Ridge Forest, Cameron Woods and Nelsen
Hills Farm 6th Addition.
Community Development Director
CitlJ. of FarminfJton 325 Oak Street · FarminlJton, MN 55024 · (612) 463- 7111 · Fait (612) 463-2591
U8/27/1991 12:3~
61246918'3'3
WESTERGREN & ASSOC A
I-'Al.:i:. I:J:L
Westergren & Associates, Inc.
R"iOO 210!11 Str<'t't West. LakeviUe. MN 55044. (612) 469-1899. Fax: (612) 469-1899
August 22, 1997
Davt" Olson
Communi tv Director
City of Farmin~on
325 Oak Strect
Farmington. MN 55024
RE: PINE RIOGE FOREST
Dear Dave:
At this t.imr- Wp would like to request a extension of the 75 day final plat recording
requirement. \^le have been working with a unexpected delay dealing with the exact
wording of tht' Northern Natural Gas easement in relation to the description and the
actual field located centerline.
We expect thi.; del3v ",ill set the date of final plat in mylar format be delivered t.o the
City offices to be September 12, 1997.
If there are an\' qUe"stions please contact our office so that we may expedite this
matter.
'ncerely, ~ _
(7- ~
. \. '--' 0~ 1 ~
Dan R. \Vester,e;ren
RLS
DRW:mmw
08/27/97 14: 13
HERITAGE DEVELOPMENT,iNC. ~ 612 463 2591
NU. "')bd t-'l:::Jl:::Jl/l<Jl::ll
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III' HERITAGE
I' DEVELOPMENT
August 28, 1991
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Council Members: i .
6th Addition plat until Decem' 1. 1997. We believe we need this additional time to work out
some yet unresolved details Chin the Developer's Agreement The primary issue left to resolve,
involves d1c location and plR. of a lot with the 6th Addition for a new well site.
I
Sincerely, I
~~
I:
Thomas Bisch, Director I
Heritage Development ofMi~,sota. Inc.
I
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Farmington City CounciJ
32S Oak Street
Fanninaton. MN 55044
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450 East COunty Road 0 .ut1leCana~ MN 55117 . Phone: (612)461-0017 . fax: (&12} 481-1S18. Toll free: (800) 64+0017
20720 Watertown Road. srte 102 .8rookf1e1d, WI 53186 . Phone: (414) 79W129 . Fa: (414) 796-a149
I,
I.
August 22, 1997
FARMINGTON CITY COUNCIL
CITY HALL
325 OAK STREET
FARMINGTON MN 55044
Re: Cameron Woods Plat
Dear Council Members:
On April 7th, 1997, the Council approved the final plat of Cameron
Woods. Since that time several minor issues have arisen in respect to
location of easements to most efficiently place the same within the
buildings and for future service in respect thereto. Because of these
minor items the final plat has yet to be filed. At this time I would
request an extension to O~~ernb~( I~~, 1997, to resolve these issues
and have the plat filed.
If you require any additional information please have staff contact me
at their convenience.
5",
FROM:
Mayor and City Council
City Administrator ~
Robin Roland, Finance Director
TO:
SUBJECT: Continuing Disclosure
Agreement
DATE:
September 2, 1997
INTRODUCTION
The Securities and Exchange Commission instituted Rule 15c2-12 on July 30,1995 requiring
Continuing Disclosure on Municipal Bond issues, Reports must be filed by December 31st each
year on two of our bond issues.
DISCUSSION
Continuing disclosure rules involve a variety of requirements be met. Staff recommends that
Juran and Moody be retained as the Dissemination Agent for the reporting requirements on the
two bond issues involved, Their expertise in this reporting function would assure proper fulfillment
of the requirements and appropriate disclosure by the City.
BUDGET IMPACT
The annual fee for this service is $1,500, This fee would be split between the two bond issues
and the appropriate debt service funds would be charged,
ACTION REQUIRED
Approve the Dissemination Agreement with Juran and Moody for Continuing Disclosure on the
City of Farmington Bonds as required,
:Z"4(j
Robin Roland
Finance Director
CitlJ. of FarminfJ.ton 325 Oak Street. FarminlJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591
DISSEMINATION AGENT AGREEMENT
TillS DISSEMINATION AGENT AGREEMENT (the "Dissemination Agreement"), dated
as of the 18th day of August, 1997, by and between the City of Farmington, Minnesota, 325 Oak
Street, Farmington, MN 55024-1358 (the "Issuer") and Juran & Moody, a division of Miller,
Johnson, & Kuehn, Incorporated, 1100 Minnesota World Trade Center, St. Paul, MN 55101
("the Dissemination Agent") in connection with bond issues of the Issuer (the "Bond Issues")
identified in Exhibit A which is attached to and by reference made a part of this Dissemination
Agreement:
The Issuer and the Dissemination Agent covenant and agree as follows with respect to the
Bond Issues:
SECTION I. Definitions. the following capitalized terms shall have the following
meanings:
"Annual Report" shall mean the document or documents filed by the Dissemination Agent
with a National Repository or State repository pursuant to this Dissemination Agreement.
"Annual Report Data" shall mean the Issuer's audited financial statements, such other
financial information and operating data for each Bond Issue as may be requested by the
Dissemination Agent to compile the Annual Report, and information collected by the Dissemination
Agent (such as data from the county auditor).
"Continuing Disclosure Agreement" shall mean that certain agreement or undertaking
executed by the Issuer at the time of issuance of the bond issues listed in Exhibit A.
"Disclosure Representative" shall mean the City Administrator of the Issuer or his or her
designee, or such other officer or employee as the Issuer shall designate in writing to the
Dissemination Agent from time to time.
"Listed Events" shall mean any of the material events listed in Section 5(a) of this
Dissemination Agreement.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule. Attached to and by reference made a part of this
Dissemination Agreement is Exhibit B, a current list of National Repositories. Notwithstanding
anything to the contrary contained herein, Exhibit B may be amended from time to time by the
Dissemination Agent, following the designation of additional National Repositories or loss of such
status by an existing National Repository, by delivering a notice of amendment and an amended
Exhibit B to the Issuer.
"Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as the same may be amended from time to
time.
"SEC" shall mean the Securities and Exchange Commission or any successor to its
functions governing state and municipal securities disclosure.
"State" shall mean the State of Minnesota.
"State Repository" shall mean any public or private repository or entity designated by the
State as a state repository for the purpose of the Rule. As of the date of this Agreement, there is no
State Repository.
"Tax-Exempt" shall mean that interest on the Bonds is excluded from gross income for
federal income tax purposes, whether or not such interest is includable as an item of tax preference
or otherwise includable directly or indirectly for purposes of calculating any other tax liability,
including any alternative minimum tax or environmental tax.
SECTION 2. Purpose of the Dissemination Agreement. This Dissemination Agreement
is being entered into by the Issuer and the Dissemination Agent in order to assist the Issuer in
complying with the Rule.
SECTION 3. Provision of Annual Reports.
(a) On or before September 1, 1997 and by August 1 of each year thereafter, the
Issuer shall provide the Annual Report Data to the Dissemination Agent. The Dissemination Agent
shall compile and provide to each Repository by December 31 of each year commencing December
31, 1997, the Annual Report for each Bond Issue in a format consistent with the Rule.
(b) If by October 1 of each year, the Dissemination Agent has not received a copy
of the Annual Report, the Dissemination Agent shall contact the Issuer to determine if the Issuer is
in compliance with subsection (a).
(c) The Dissemination Agent shall:
(i) determine each year prior to December 31 the name and address of each
National Repository and each State Repository, if any; and
(ii) file a report with the Issuer and the Trustee (if applicable) certifying
that the Annual Report has been provided pursuant to this Dissemination Agreement,
stating the date it was provided and listing all the Repositories to which it was provided.
SECTION 4. Content of Annual Reports. The Annual Report prepared by the
Dissemination Agent for each Bond Issue shall contain or incorporate by reference the financial
information and operating data specified in the applicable Continuing Disclosure Agreement or
continuing disclosure provisions of any applicable Resolution, Indenture, Loan Agreement or
Lease Agreement, relating to bond issues listed in Exhibit A.
SECTION 5. Reporting of Significant Events.
(a) This Section 5 shall govern the giving of notices of the occurrence of any of
the following events listed below or in the Issuer's Continuing Disclosure Agreement or in the of
applicable Resolution, Indenture, Loan Agreement or Lease Agreement:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults;
CON DIS - MASTER
Page 2
difficulties;
(3) Unscheduled draws on debt serVIce reserves reflecting financial
difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial
security;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions or events affecting the tax-exempt status of the
(7) Modifications to rights of security holders;
(8) Bond calls;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the
securities; and
(11) Rating changes.
(b) The Dissemination Agent shall, within one (1) Business Day of obtaining
actual knowledge of the occurrence of any of the Listed Events, contact the Disclosure
Representative, inform such person of the event, and request that the Issuer promptly notify the
Dissemination Agent in writing whether or not to report the event pursuant to subsection (t).
(c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event,
the Issuer shall as soon as possible determine if such event would constitute material information
for Holders of Bonds.
(d) If the Issuer has determined that knowledge of the occurrence of a Listed
Event would be material, the Issuer shall promptly notify the Dissemination Agent in writing.
Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to
subsection (t).
(e) If in response to a request under subsection (b), the Issuer determines that the
Listed event would not be material, the Issuer shall so notify the Dissemination Agent in writing
and instruct the Dissemination Agent not to report the occurrence pursuant to subsection (t).
(t) If the Dissemination Agent has been instructed by the Issuer to report the
occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with
the Municipal Securities Rulemaking Board and each National Repository and State Repository.
SECTION 6. Dissemination Agent. The Issuer has engaged the Dissemination Agent
to assist it in carrying out its obligations under this Dissemination Agreement and may discharge
any such Dissemination Agent, with or without appointing a successor or Dissemination Agent.
The Dissemination Agent may terminate its duties hereunder upon fifteen (15) days written notice
to the Issuer. For its services hereunder, the Dissemination Agent shall be paid an annual fee of
$1,000 plus $250 per Bond Issue for each Bond Issue listed in Exhibit A that is required by the
Rule to file an Annual Report. In addition, the Issuer shall reimburse the Dissemination Agent for
out of pocket expenses incurred in preparing the Annual Report.
CON DIS - MASTER
Page 3
SECTION 7. Amendment. Waiver. Notwithstanding any other provision of this
Dissemination Agreement, the Issuer and the Dissemination Agent may amend this Dissemination
Agreement, and any provision of this Dissemination Agreement may be waived, in writing, as
agreed to by the parties thereto.
SECTION 8. Additional Information. Nothing in this Dissemination Agreement shall
be deemed to prevent the Issuer from disseminating any other information, using the means of
dissemination set forth in this Dissemination Agreement or any other means of communication.
SECTION 9. Duties. Immunities and Liabilities of Trustee and Dissemination
Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this
Dissemination Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent,
its officers, directors, employees and agents, harmless against any loss, expense and liabilities
which it may incur arising out of or in the exercise or performance of its powers and duties
hereunder, including the costs and expenses (including attorneys' fees) of defending against any
claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or
willful misconduct.
SECTION 10. Beneficiaries. This Dissemination Agreement shall inure solely to the
benefit of the Issuer and the Dissemination Agent, and shall create no rights in any other person or
entity.
SECTION 11. Counterparts, This Dissemination Agreement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
IN WITNESS WHEREOF, the CITY OF FARMINGTON, MINNESOTA and JURAN &
MOODY have caused this Dissemination Agreement to be executed in their respective names, all as
of the date first written above.
CITY OF FARMINGTON, MINNESOTA
JURAN & MOODY
Its Mayor
By Il!?~/
Its Vice President
By
And
Its City Administrator
CON DIS - MASTER
Page 4
EXHIBIT A
BOND ISSUES SUBJECT TO CONTINUING DISCLOSURE
CITY OF FARMINGTON, MINNESOTA
FIRST FIN AL LAST
ISSUE DATED REPORT MATURE REPORT
PAR ISSUE DATE DUE DATE DUE
1,440,059 G 0 Tax Increment Refunding 12/6/95 09/30/97 02/01/07 09/30/08
Bonds. Series 1995B (CAB's)
$2.140,000 GO Water Revenue Bonds of 1997 5/1/97 12/31/97 12/1/14 12/31/15
CON DIS - MASTER
Page 5
EXHIBIT B
LIST OF NATIONAL REPOSITORIES
Bloomberg Municipal Repository
P.O. Box 840
Princeton, NJ 08542-0840
Phone: 609-279-3200
Fax 609-279-5962
Thomson Municipal Services
Attn: Municipal Disclosure
395 Hudson Street - Third Floor
New York, NY 10014
Phone 800-689-8466
Fax 212-989-2078
Disclosure, Inc.
Attn: Municipal Disclosure
5161 River Road
Bethesda, MD 20816
Phone 301-215-6015
Fax 301-718-2329
Kenny Information Systems, Inc.
Attn: Repository Services
65 Broadway - 16th Floor
New York, NY 10006-2511
Phone 212-770-4595
Fax 212-797-7994
Moody's NRMSIR
Public Finance Information Center
99 Church Street
New York, NY 10007
Phone 800-339-6306
Fax 212-553-1460
R.R. Donnelly Financial
Municipal Securities Disclosure Archive
559 Main Street
Hudson, MA 01749
Phone 800-580-3670
Fax 508-562-1969
CON DIS - MASTER
Page 6
COUNCIL REGISTER
Council Meeting on 9/2/97
VENDOR
28-AUG-1997 (11:25)
5n
4 PAWS C/o CURT FINCH
--------------------------------------------------------------------------------------------------------------------
ACTIVITY
DESCRIPTION
CHECK AMOUNT
CK-SUBSYSTEM
<*:>
A T & T WIRELESS SERVICES
<*:>
AIRLAKE FORD MERCURY
<*:>
AIRTOUCH CELLULAR
<*:>
ALCORN BEVERAGE CO. INC.
<*:>
ALLOY WELDING & MFG INC
<*:>
AMA/KEYE PRODUCTIVITY CENTER
<*:>
AMERICAN LINEN AND APPAREL SER
<*:>
AMERICAN RED CROSS OF ST PAUL
<*:>
APPLE VALLEY VILLA
<*:>
AQUA LOGIC INC
<*:>
ASPENWALL TREE SERVICE INC
<*:>
ASTLEFORD EQUIPMENT CO INC
<*:>
AT&T WIRELESS SERVICES
<*:>
BECKER, HILDEGARD
<*:>
BELL, JIM
<*:>
BELLBOY CORPORATION BAR SUPPLY
<*:>
BLUE RIBBON CLEANING
<*:>
BONESTROO ROSENE ANDERLIK INC
POLICE ADMIN PROF SERVICES 685.00 OH
685.00*
ENGINEERING SERV UTILITIES 33.16 OH
SEWER OPEATIONS UTILITIES 52.91 OH
STREET MAINT UTILITIES 105.83 OH
WATER UTILITY UTILITIES 52.91 OH
244,81*
FLEET MAINT SERV EQUIP MAINT/RENT 58.16 OH
STREET MAINT EQUIP MAINT/RENT 46.06 OH
104,22*
BUILDING INSPCT UTILITIES 30.77 OH
POLICE ADMIN UTILITIES 175.00 OH
SOLID WASTE UTILITIES 46.66 OH
252.43*
LIQUOR MERCH FOR RESALE 14,815.15 OH
14,815.15*
SOLID WASTE SPEC ACT SUPPL 2,848.88 OH
2,848.88*
ADMINISTRATION SCHOOL & CONF 139.00 OH
139,00*
FIRE SERVICES OPER MAT & SUPPL 42.60 OH
42.60*
SWIMMING POOL SCHOOL & CONF 6.42 OH
6,42*
Senior Center OPER MAT & SUPPL 497.00 OH
497.00*
SWIMMING POOL OPER MAT & SUPPL 463.28 OH
463.28*
TREE MAINTENANCE PROF SERVICES 2,795.64 OH
2,795.64*
STREET MAINT EQUIP MAINT/RENT 3.04 OH
3.04*
ENGINEERING SERV UTILITIES 4.26 OH
FLEET MAINT SERV UTILITIES 4.26 OH
SEWER OPEATIONS UTILITIES 2.13 OH
STREET MAINT UTILITIES 4.26 OH
WATER UTILITY UTILITIES 2.13 OH
17.04*
Senior Center PROF SERVICES 321.00 OH
321. 00*
1997 IMPROVE PRINT & PUBLISH 6.35 OH
6.35*
LIQUOR MERCH FOR RESALE 174.60 OH
174,60*
BUILDING MAINT PROF SERVICES 612.52 OH
612.52*
1996 IMPROVEMENT PROF SERVICES 320.67 OH
ASH STREET PROJE PROF SERVICES 1,173,00 OH
CHINESE REST PROF SERVICES 180.00 OH
COUNTY ROAD 31 PROF SERVICES 1,926.55 OH
DEVLPR CAP PROJ PROF SERVICES 34,607.01 OH
ENGINEERING SERV PROF SERVICES 4,550.00 OH
G.I.S. PROF SERVICES 70.00 OH
IND PK - PH II PROF SERVICES 690.08 OH
LARCH STREET PROF SERVICES 3,453.57 OH
COUNCIL REGISTER
VENDOR
BONESTROO ROSENE ANDERLIK INC
<*>
BRAUN INTERTEC CORPORATION
<*>
BT OFFICE PRODUCTS INTERNATION
<*>
BUDGET OIL CO
<*>
BURNSVILLE SANITARY COMPANY
<*>
BURTIS, ROBERT
<*>
C.R. FISCHER & SONS INC
<*>
CAMAS
<*>
CHAPIN CONSTRUCTION BULLETIN I
<*>
CHURCHILL TIRE INC
<*>
COLLEGE CITY BEVERAGE INC
<*>
CULLIGAN WATER CONDITIONING
<*>
DAKOTA COUNTY LUMBER COMPANY
<*>
DAKOTA COUNTY RECORDER
<*>
DAKOTA COUNTY SOIL AND WATER
<*>
DAKOTA COUNTY TREASURER/AUDITO
<*>
DAKOTA ELECTRIC ASSOCIATION
<*>
DOYLE INCORPORATED
ACTIVITY
SEWER OPEATIONS
STORM WATER UTIL
STREET MAINT
SWIMMING POOL
WATER UTILITY
28-AUG-1997 (11:25)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
PROF SERVICES
PROF SERVICES
PROF SERVICES
PROF SERVICES
PROF SERVICES
STATE AID STREET PROF SERVICES
ADMINISTRATION
PERSONNEL
OFF & PAPER SUPP
PRINT & PUBLISH
ENGINEERING SERV TRANSPORT COSTS
FIRE SERVICES TRANSPORT COSTS
PARK MAINT TRANSPORT COSTS
PATROL SERVICES TRANSPORT COSTS
PLANNING/ZONING TRANSPORT COSTS
SOLID WASTE TRANSPORT COSTS
STREET MAINT TRANSPORT COSTS
SOLID WASTE
PARK IMPROVEMENT SPEC ACT SUPPL
PROF SERVICES
GENERAL FUND
STREET MAINT
1997 IMPROVE
PATROL SERVICES
LIQUOR
BUILDING MAINT
IDEA SCHOOL
PARK MAINT
PLANNING/ZONING
DEVLPR CAP PROJ
SERVICE INSTALL
OPER MAT & SUPPL
PRINT & PUBLISH
TRANSPORT COSTS
MERCH FOR RESALE
PROF SERVICES
EQUIP MAINT/RENT
OPER MAT & SUPPL
PROF SERVICES
PROF SERVICES
HRA CAP PROJECTS PROF SERVICES
POLICE ADMIN PROF SERVICES
BUILDING MAINT
EMERG MGMT SERV
FIRE SERVICES
LIQUOR
SEWER OPEATIONS
SIGNAL MAINT
SNOW REMOVAL
WATER UTILITY
STREET MAINT
UTILITIES
EQUIP MAINT/RENT
UTILITIES
UTILITIES
UTILITIES
PROF SERVICES
UTILITIES
UTILITIES
EQUIP MAINT/RENT
280.00
840.00
980.00
681.42
280.00
50,032.30*
408.00
408.00*
291.78
57.02
348,80*
108.00
68.35
150,30
331. 74
70.07
385,75
335.95
1,450.16*
8,556.40
8,556.40*
200.00
200.00*
345.10
345.10*
92.95
92.95*
193.20
193.20*
336.39
336.39*
11,061. 32
11,061.32*
15.98
15.98*
42.07
5,22
47.29*
208.00
208.00*
312.00
312.00*
6,365.00
245.78
6,610.78*
13 .53
28.16
405,83
434.89
142.63
2,051.89
68.09
1,937.11
5,082.13*
53.88
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
COUNCIL REGISTER
VENDOR
28-AUG-1997 (11:25)
<*>
------------------------------------------------------------------------------------------------------------------------
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
DUEBERS DEPT STORE
<*>
DUNHAM BROTHERS WOOD RECYCLING
<*>
DYNA SYSTEMS
<*>
ECONOMY HANDICRAFTS
<*>
ELM PARK LIMITED INC
<*>
FARMINGTON COMMUNITY EDUCATION
<*>
FARMINGTON EMPLOYEE CLUB
<*>
FARMINGTON INDEPENDENT
<*>
FARMINGTON PRINTING INC
<*>
FARMINGTON-SELECT ACCOUNT, CIT
<*>
FEDERAL RESERVE BANK
<*>
FEED-RITE CONTROLS INC
<*>
FINSTUEN, KAREN
<*>
FIRST NATIONAL BANK OF FARMING
<*>
FIRSTAR CORPORATE TRUST SERVIC
<*>
FRITZ COMPANY INC
<*>
FRONTIER COMMUNICATIONS
<*>
GARTNER REFRIGERATION & MFG IN
<*>
GENERAL OFFICE PRODUCTS COMPAN
<*>
GOPHER SIGN CO
<*>
GOPHER STATE ONE-CALL INC
53.88*
STREET MAINT OPER MAT & SUPPL 20.62 OH
Senior Center OPER MAT & SUPPL 15,01 OH
35.63*
SOLID WASTE PROF SERVICES 27.00 OH
27,00*
SOLID WASTE EQUIP MAINT/RENT 187,76 OH
187.76*
Recreation prog OPER MAT & SUPPL 45,98 OH
45.98*
HRA CAP PROJECTS MISC 10,603.26 OH
10,603.26*
POLICE ADMIN SPEC ACT SUPPL 103.00 OH
103,00*
GENERAL FUND EMPLOYEE CLUB 41.00 OH
41.00*
ADMINISTRATION PRINT & PUBLISH 71.55 OH
COUNTY ROAD 31 PRINT & PUBLISH 75.00 OH
ELM ST EXTENSION PRINT & PUBLISH 27.00 OH
PERSONNEL PRINT & PUBLISH 33.75 OH
WATER UTILITY PRINT & PUBLISH 100,00 OH
307,30*
ENGINEERING SERV OFF & PAPER SUPP 25,56 OH
PERSONNEL PRINT & PUBLISH 72 .42 OH
SENIOR CITIZEN PRINT & PUBLISH 95.85 OH
193,83*
GENERAL FUND SELECT-PRETAX 1,005.80 OH
1,005.80*
GENERAL FUND SAVINGS BONDS 25.00 OH
25.00*
SWIMMING POOL OPER MAT & SUPPL 1,629.93 OH
WATER UTILITY OPER MAT & SUPPL 1,315,75 OH
2,945.68*
ADMINISTRATION TRANSPORT COSTS 26.04 OH
LEGISLATIVE CTRL OFF & PAPER SUPP 40.26 OH
66.30*
GENERAL FUND STATE TAX WITHHO 3,675.12 OH
3,675.12*
IMPROV BOND '90A PAYING AGENT 187.00 OH
IMPROVE BOND '87 PAYING AGENT 193.00 OH
IMPROVE BOND '91 PAYING AGENT 187.00 OH
STORM WATER REV PAYING AGENT 193.50 OH
760.50*
LIQUOR MERCH FOR RESALE 1,046.22 OH
1,046.22*
ADMINISTRATION UTILITIES 70.72 OH
70.72*
ICE ARENA PROF SERVICES 315,17 OH
315.17*
ENGINEERING SERV MISC OFF & FURN 748.84 OH
748.84*
LIQUOR EQUIP MAINT/RENT 72 .36 OH
72.36*
SEWER OPEATIONS PROF SERVICES 254.63 OH
WATER UTILITY PROF SERVICES 254.62 OH
COUNCIL REGISTER
VENDOR
<:*>
GOVERNMENT TRAINING SERVICE
<:*>
GRANNIS & GRANNIS P.A,
<:*>
GREG LARSON SPORTS INC
<:*>
GRIGGS COOPER & CO
<:*>
ICMA RETIREMENT TRUST-457
<:*>
IKON CAPITAL
<:*>
IKON OFFICE SOLUTIONS
<:*>
INSTANT TESTING COMPANY
<:*>
J P COOKE CO
<:*>
JIRIK SOD FARMS INC
<:*>
JOHNSON BROTHERS LIQUOR COMPAN
<:*>
JOURNAL OF EMERGENCY SERVICES
<:*>
KAMEN, DON
<:*>
KINKO'S INC
<:*>
KWIK TRIP
<:*>
LABOR RELATIONS ASSOCIATES INC
<:*>
LAKELAND FORD TRUCK SALES
<:*>
LAKER SALES COMPANY
<:*>
LAKEVILLE TROPHY COMPANY
<:*>
LAKEVILLE, CITY OF
28 -AUG-1997 (11: 25)
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
509.25*
PLANNING/ZONING SCHOOL & CONF 30,00 OH
30.00*
ADMINISTRATION PROF SERVICES 161. 50 OH
BUILDING INSPECT PROF SERVICES 47.50 OH
COMM DEVELOP PROF SERVICES 209.00 OH
DEVLPR CAP PROJ PROF SERVICES 100.00 OH
ENGINEERING SERV PROF SERVICES 475.00 OH
LEGISLATIVE CTRL PROF SERVICES 689.50 OH
PERSONNEL PROF SERVICES 237,50 OH
PLANNING/ZONING PROF SERVICES 275,50 OH
POLICE ADMIN PROF SERVICES 4,391.24 OH
RECREATION PROGR PROF SERVICES 114.00 OH
6,700.74*
Recreation prog OPER MAT & SUPPL 110.65 OH
110.65*
LIQUOR MERCH FOR RESALE 6,013.81 OH
6,013.81*
GENERAL FUND ICMA 3,028.90 OH
3,028.90*
ADMINISTRATION EQUIP MAINT/RENT 287.89 OH
287.89*
ADMINISTRATION UTILITIES 446.00 OH
446,00*
EAST FGTN PUD PROF SERVICES 9.50 OH
9.50*
POLICE ADMIN OPER MAT & SUPPL 47.14 OH
47.14*
WATER UTILITY OPER MAT & SUPPL 55.12 OH
55,12*
LIQUOR MERCH FOR RESALE 5,523.14 OH
5,523,14*
RESCUE SQUAD DUES & SUBSCRIP 19.95 OH
19,95*
SOLID WASTE OPER MAT & SUPPL 367.80 OH
367.80*
LEGISLATIVE CTRL PRINT & PUBLISH 23,80 OH
23.80*
FLEET MAINT SERV TRANSPORT COSTS 28.19 OH
PARK MAINT TRANSPORT COSTS 720.10 OH
PATROL SERVICES TRANSPORT COSTS 219.53 OH
PLANNING/ZONING TRANSPORT COSTS 15.85 OH
SOLID WASTE TRANSPORT COSTS 75.89 OH
STREET MAINT TRANSPORT COSTS 647.29 OH
WATER UTILITY TRANSPORT COSTS 94.33 OH
1,801.18*
PERSONNEL PROF SERVICES 37.00 OH
37.00*
STREET MAINT EQUIP MAINT/RENT 7.82 OH
7.82*
SWIMMING POOL OPER MAT & SUPPL 1,268.03 OH
1,268.03*
Recreation .prog OPER MAT & SUPPL 321. 63 OH
321.63*
FIRE SERVICES PROF SERVICES 1,433.66 OH
COUNCIL REGISTER
VENDOR
ACTIVITY
28 -AUG-1997 (11: 25)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
------------------------------------------------------------------------------------------------------------------------
OH
LAKEVILLE, CITY OF
<*>
LOCAL GVMT INFO SYSTEMS ASSN.
<*>
LONG BRANCH
<*>
LUNDAHL, TIM
<*>
MACQUEEN EQUIPMENT
<*>
MARSCHALL LINE INC
<*>
MC NAMARA CONTRACTING INC.
<*>
MCMAHON, JOLAINE
<*>
MCNEILUS STEEL INC
<*>
MECA
<*>
METROPOLITAN COUNCIL ENVIORNME
<*>
MIKE HINCE CONSTRUCTION
<*>
MINNESOTA BOOK STORE
<*>
MINNESOTA PIPE AND EQUIPMENT
<*>
MINNESOTA POWER CENTER
<*>
MNAPA
<*>
MORE 4
<*>
MVTL LABORATORIES INC
<*>
NATIONAL BUSINESS FURNITURE
<*>
NATROGAS INC,
<*>
NORTHERN STATES POWER COMPANY
<*>
NORTON, LINDA K
PATROL SERVICES PROF SERVICES
BUILDING INSPECT
GEN ACCOUNTING
MIS
PAYROLL
Senior Center
Recreation Prog
SOLID WASTE
STREET MAINT
Recreation Prog
STREET MAINT
Recreation Prog
SOLID WASTE
PROF
PROF
PROF
PROF
SERVICES
SERVICES
SERVICES
SERVICES
OPER MAT & SUPPL
OPER MAT & SUPPL
HVY EQUIP PURCH
EQUIP MAINT/RENT
OPER MAT & SUPPL
OPER MAT & SUPPL
OPER MAT & SUPPL
TRANSPORT COSTS
SEWER OPEATIONS
ENGINEERING SERV SCHOOL & CONF
MCES FEES
BUILDING INSPCT
ADMINISTRATION
WATER UTILITY
BUILDING MAINT
SEWER OPEATIONS
PLANNING/ZONING
MISC
DUES & SUBSCRIP
OPER MAT & SUPPL
EQUIP MAINT/RENT
EQUIP MAINT /RENT
SCHOOL & CONF
BUILDING MAINT OPER MAT & SUPPL
ENGINEERING SERV OPER MAT & SUPPL
POLICE ADMIN OPER MAT & SUPPL
Recreation Prog OPER MAT & SUPPL
SENIOR CITIZEN SPEC ACT SUPPL
SWIMMING POOL OPER MAT & SUPPL
Senior Center OPER MAT & SUPPL
WATER UTILITY
Senior Center
STREET MAINT
EMERG MGMT SERV
SIGNALMAINT
PERSONNEL
PROF SERVICES
OPER MAT & SUPPL
OPER MAT & SUPPL
EQUIP MAINT/RENT
PROF SERVICES
PROF SERVICES
2,867,30
4,300.96*
376.56
1,147.74
821. 63
274.47
2,620.40*
830.60
830.60*
336.00
336.00*
71,703.98
498.26
72,202.24*
633.50
633.50*
218.78
218,78*
8.00
8,00*
391.16
391.16*
55.00
55.00*
33,542.00
33,542.00*
200.00
200.00*
8.33
8.33*
118.66
118,66*
44.39
50.16
94.55*
195,00
195.00*
22.79
9.86
27.99
29.09
12.72
2.23
10.73
115.41*
42.00
42.00*
78.95
78.95*
163.20
163.20*
6,28
2,827.74
2,834.02*
325.00
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
<*>
NRG ENERGY INC
<*>
NTFC CAPITAL CORPORATION
<*>
OEI BUSINESS FORMS
<*>
PELLICCI HARDWARE & RENTAL
<*>
PEOPLES NATURAL GAS
<*>
PEPSI COLA COMPANY
<*>
PHILLIPS WINE AND SPIRITS INC
<*>
PIPE SERVICES CORP,
<*>
PUBLIC EMPLOYEES RETIREMENT AS
<*>
QUALITY REFRIGERATION INC
<*>
QUALITY WINE AND SPIRITS CO
<*>
ROSEMOUNT, CITY OF
<*>
SALLY DISTRIBUTORS
<*>
SKB ENVIRONMENTAL INC
<*>
ST CROIX COUNTY
<*>
ST JOSEPH EQUIPMENT INC
<*>
STANEK, MARY
<*>
STARR AUTOMOTIVE
<*>
STATE CAPITOL CREDIT UNION
<*>
STORDAHL, MATT
<*>
SURPLUS SERVICES
<*>
TARGET GREATLAND
<*>
TOLL GAS AND WELDING SUPPLY
ACTIVITY
SOLID WASTE
ADMINISTRATION
BUILDING INSPCT
FIRE SERVICES
BUILDING MAINT
EXCHNG BANK BLDG
ICE ARENA
LIBRARY SERVICES
LIQUOR
SENIOR CITIZEN
SOLID WASTE
STREET MAINT
SWIMMING POOL
WATER UTILITY
SWIMMING POOL
LIQUOR
SEWER OPEATIONS
GENERAL FUND
LIQUOR
LIQUOR
Recreation Prog
FIRE SERVICES
SOLID WASTE
GENERAL FUND
CAPITAL ACQUIS
SWIMMING POOL
PARK MAINT
GENERAL FUND
28-AUG-1997 (11;25)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
PROF SERVICES
UTILITIES
PRINT & PUBLISH
OPER MAT & SUPPL
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
OPER MAT & SUPPL
MERCH FOR RESALE
PROF SERVICES
PERA
EQUIP MAINT/RENT
MERCH FOR RESALE
OPER MAT & SUPPL
SPEC ACT SUPPL
PROF SERVICES
CHILD SUPPORT
OPER EQUIP PURCH
OPER MAT & SUPPL
TRANSPORT COSTS
ENGINEERING SERV TRANSPORT COSTS
ST CREDIT UNION
FIRE SERVICES OPER MAT & SUPPL
Recreation prog OPER MAT & SUPPL
SOLID WASTE OPER ~~T & SUPPL
325.00*
1,209.42
1,209.42*
845.82
845.82*
743.04
743,04*
43,75
43.75*
281. 23
7.46
29.80
12.78
21. 05
55.34
23,30
29.36
1,055.53
10,94
1,526,79*
360.50
360.50*
3,637,19
3,637.19*
10,768.24
10,768.24*
8,523.11
8,523.11*
157.75
157.75*
1,037.47
1,037,47*
121. 00
121.00*
96 .47
96,47*
172.00
172.00*
191. 86
191,86*
140,011.29
140,011.29*
17.88
17.88*
533.77
533.77*
1,511.07
1,511. 07*
31. 93
31.93*
40.00
40.00*
40.45
40,45*
5.58
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
28 -AUG-1997 (11: 25)
VENDOR
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
--------------------------------------------------------------------------------------------------------------------
<*>
5.58*
EMPLOYEE EXPENSE PAYROLL EXPENSES 54,60 OH
54.60*
SEWER OPEATIONS PROF SERVICES 99.45 OH
WATER UTILITY PROF SERVICES 33.15 OH
132.60*
DEVLPR CAP PROJ PROF SERVICES 2,980.60 OH
SE AREA STRM SEW PROF SERVICES 1,343.60 OH
4,324,20*
WATER UTILITY PROF SERVICES 99.77 OH
99,77*
GENERAL FUND UNITED WAY 29.00 OH
29.00*
FLEET MAINT SERV OPER MAT & SUPPL 18.69 OH
SOLID WASTE OPER MAT & SUPPL 56,07 OH
STREET MAINT OPER MAT & SUPPL 102.81 OH
WATER UTILITY OPER MAT & SUPPL 9.35 OH
186.92*
ADMINISTRATION EQUIP MAINT/RENT 590.47 OH
590.47*
454,627.18* <*>
<*>
TOOKER, CHARLES
<*>
TRANS ALARM INC
<*>
TRIPLE A FARMS
<*>
TROPICAL POOLS
<*>
UNITED WAY FUND OF ST. PAUL AR
<*>
UNITOG RENTAL SERVICES
XEROX CORPORATION
<*>
Approved:
Ristow
Cordes
Gamer
Fitch
Strachan
TO:
Mayor, Councilmembers
City Administrato~
. /
FROM:
James Bell, Parks and
Recreation Director
SUBJECT:
Adopt Resolution Accepting Bids and
Awarding Contract - City Hall Roof
DATE:
September 2, 1997
INTRODUCTION
Sealed bids were opened on Tuesday, August 26 for the city hall roof.
DISCUSSION
Four valid bids were received and reviewed by staff, Staff asked the bidders to install a new rubber
roof for City Hall. The following is the bidder list:
Contractor Base Bid Alternate A Total Bid
1. Atlast Roofing $ 22,400 $ 11,400 $ 33,800
2. All Systems $ 18,570 $ 9,515 $ 28,085
3, Interstate Roofing $ 24,115 $ 15,115 $ 39,230
4, Nieman Roofing $23,230 $ 11,455 $ 34,685
The contractor has indicated that the work would begin in mid October. Due to the favorable bids
received, the work would include the entire roof area of City Hall, including the recent expansion.
BUDGET IMPACT
The funding for this work is within the $30,000 amount that was budgeted for in 1997.
RECOMMENDATION
Adopt a resolution awarding the contract to the low responsible bidder, All Systems Roofing.
Respectfully submitted,
Jc.--~4
James Bell
Parks and Recreation Director
cc: Dwight Bjerke, Facilities Maintenance Supervisor
roa.
CitlJ. of FarminlJton 325 Oak Street. Farmington, MN 55024 · (672) 463.7111 · Fait (672) 463.2591
PRO P 0 SED
RESOLUTION
ACCEPT BIDS/AWARD CONTRACT
- CITY HALL ROOF REPAIR -
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 2nd day of September, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to properly published notice, the following 4 bids were
received, opened and tabulated which complied with the advertisement:
Contractor Base Bid Alternate A Total Bid
All Systems 18,570 9,515 28,085
Atlast Roofing 22,400 11,400 33,800
Nieman Roofing 23,230 11,455 34,685
Interstate Roofing 24,115 15,115 39,230
WHEREAS, it appears that the firm of All Systems is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED that:
1. The total bid received from All Systems in the amount of $28,085 is hereby
accepted.
2. The Mayor and Administrator are hereby authorized and directed to sign the
appropriate contract documents.
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
1~
TO:
Mavor. Councilmembers. Citv
Ad~inistrator~ .
FROM:
Lee M. Mann. P.E..
Director of Public Warks/City Engineer
SUBJECT:
Sewer Flow Update
DATE:
September 2. 1997
INTRODUCTION
The Metropolitan Council has forwarded a letter to the City regarding estimated sewer flows for the
City in 1997.
DISCUSSION
The Metropolitan Environmental Services Division has determined the sewer flow for Farmington
through June of 1997 to be 190 million gallons. Their estimate for Farmington for the entire year is
400 million gallons. The flows in 1994 (see attached graph) were measured to be 446 million
gallons. Even with the growth of the City in the past three years. sewer t10ws are reduced, due to the
City's inflow and infiltration reduction program.
RECOMMENDATION
F or information only.
Respectfully submitted.
~Jn~
Lee M. Mann. P .E.
Director of Public Works/City Engineer
cc: tile
CitlJ. of FarminlJton 325 Oak Street · FarminlJton, MN 5502~ · (612) 463- 7111 · FaJr (612) 463-2591
~ Metropolitan Council
n Working for the Region. Planning for the Future
Environmental Service:
August 11, 1997
John Erar
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024-1358
AUG 1 5 1991
RE: 1997 Flow Calculation through June
Dear Mr. Erar:
The Metropolitan Council Environmental Services Division (MCES) has measured and/or
calculated the first quarter flows through June 1997 generated within your community to
be 190 million gallons.
First Quarter: 88
Second Quarter: 102
This information is considered to be preliminary and may be adjusted based on further
review. The Council's estimated total 1997 flow for your community is 400 million
gallons.
The above flow calculations, and the estimated flow for 1997 includes estimates for any
unmetered connections that either enter or leave your community. Attached is a graph
showing only metered flow for your community, by month, for the past three years.
In response to record high rainfalls across the metro area in July, the MCES recorded
increased sanitary flows. With the substantial increase of July flows it appears that total
third quarter flow for your community could be higher than normal.
If you have allY questions or require additional information, please don't hesitate to call
me at 602-1116, or Kyle Colvin at 602-1151.
G:to9~
Donald S. Bluhm
Municipal Services Manager
Wastewater Services Department
DSB:JLE
97-2QTR
cc: Terrence Flower, Metropolitan Council District 16
Lois Spear, Metropolitan Council Environmental Services
230 East Fifth Street St. Paul. Minnesota 5510 1-1633
(612) 222-8423
Fax 229-2183 TDD/TIY 229-3760
.~n Equal OppOnUnillj Employer
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TO:
Mayor, Councilmembers, City
Administrator~~
;/
FROM:
Lee M. Mann, P.E.,
Director of Public Works/City
Engineer
SUBJECT:
Railroad Crossing Improvements -
Elm Street
DATE:
September 2, 1997
INTRODUCTION
The Minnesota Department of Transportation Office of Freight, Railroads and
waterways has forwarded the cooperative agreement for the proposed railroad
crossing improvements at Elm Street for execution on behalf of the City of
Farmington.
DISCUSSION
The proposed railroad crossing improvements at Elm Street are included in the
1997 ClF. Attached is the cooperative agreement between the Soo Line Railroad,
Dakota County, the State and the City of Farmington that needs to be executed
before the project can commence. The project cost is estimated in the agreement
to be $53,214. Federal funds will cover 80% of the costs with the remaining 20%
split 50-50 between the City and Dakota County. The estimated project cost in
the ClF was $125,000.
BUDGET IMPACT
The City'S share of the estimated project cost would be $5321.40. Staff
recommends that the City'S share of the cost be funded through the Road and
Bridge fund.
RECOMMENDATION
Adopt the attached resolution executing the cooperative agreement for the
Railroad Crossing Improvements at Elm Street.
~ectfullY submitted,
tJC.Lt. m ~~~
Lee M. Mann, F.E.
Director of Public Works/City Engineer
cc: file
CitlJ. of FarminfJton 325 Oak Street · Farmington, MN 55024 · (612) 463.7111 · Fait (612) 463.2591
PRO P 0 SED
RESOLUTION
APPROVING AGREEMENT FOR INSTALLATION AND MAINTENANCE
FOR RAILROAD CROSSING SIGNALS AT ELM STREET (CSAH 50)
Pursuant to due call and notice thereof, a regular meeting of the City Council of the
City of Farmington, Minnesota, was held in the Council Chambers of said City on the
2nd day of 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 Soo Line
Railroad Company and the Commissioner of Transportation for the installation and
maintenance of railroad crossing signals at the intersection of Elm Street (CSAH 50)
with the tracks of the Soo Line Railroad Company in Farmington, Minnesota, and
appointing the Commissioner of Transportation agent for the City to supervise said
project and administer available Federal Funds in accordance with Minnesota Statute,
Section 161.36. The City's share of the cost shall be ten percent (10%) of the total
signal cost.
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized to execute said agreement for and on behalf of the City.
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
AGREEMENT 76544
USDOTNO 380396C
DATED
S.P. 19-00125
MINN. PROJ. STP 1997(352)
FUNDS Federal, County & City
Railroad Crossing Signals
Elm Street (CSAH 50)
Farmington, Minnesota
Dakota County
Soo Line Railroad Company
Standard Agreement" A"
Dated November 25, 1992
TIllS AGREEMENT, made and entered into by and between the
COUNTY OF DAKOTA, hereinafter called the "County"; the CITY OF FARMINGTON,
hereinafter called the "City"; the SOO LINE RAILROAD COMPANY (D/B/A
C. P. RAIL SYSTEM), hereinafter called the "Company"; and the COMMISSIONER OF
TRANSPORTATION, STATE OF :MINNESOTA, hereinafter called the "State",
WITNESSETH:
WHEREAS, the Federal Highway Administration, when acting in cooperation with the
State of Minnesota, is authorized by Section 130 of Title 23 of the United States Code to make
Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the
State of Minnesota; and
WHEREAS, the State, pursuant to Minnesota Statute Section 161.36, is authorized to
cooperate with the United States Government in contracting for the construction, improvement
and maintenance of roads and bridges not included in the trunk highway system which are
financed in whole or in part by federal moneys; and
WHEREAS, Elm Street (CSAR 50), as now established, crosses the track of the
Company at grade in Farmington, Dakota County, Minnesota, the location of said crossing and
railway track being shown on the print hereto attached, marked Exhibit "B"; and
AGREEMENT NO. 76544
WHEREAS, the County, the City and the Company desire that gates be added to the
existing cantilever signal system at said grade crossing, and the Company is willing to install,
maintain and operate such signals upon the terms and conditions hereinafter stated; and
WHEREAS, the State, pursuant to Minnesota Statute Section 219.26, has reviewed the
proposed selection of warning devices for the railroad grade crossing and has determined that the
proposed selection is appropriate for said crossing.
NOW, THEN, IT IS AGREED:
1. EXHIBITS
The State of Minnesota, Department of Transportation, "Standard Clauses for Railway
Highway Agreements", dated November 25, 1992, is attached hereto as Exhibit "A", and
hereinafter referred to as "Standard Clauses". Except as hereinafter expressly modified, all of the
terms and conditions set forth in the "Standard Clauses" are hereby incorporated by reference and
made a part of this agreement with the same force and effect as though fully set forth therein.
Exhibit "B", the location print; Exhibit "C", the detailed cost estimate; and Exhibit "D",
the Agreement Estimate Summary, are attached hereto and made a part of this agreement.
2. WORK PERFORMANCE AND TIME SCHEDULE
The Company shall furnish all material for and with its regularly employed forces install a
complete railroad crossing signal system on Elm Street (CSAH 50), as indicated on attached plan
marked Exhibit "B", The placement of the signals shall be in accordance with Part VIII of the
Minnesota Manual on Uniform Traffic Control Devices (M1.1UTCD). Detailed plans,
specifications and the work to be done shall be subject to the approval of the Department of
Transportation of the State of Minnesota.
-2-
AGREEMENT NO. 76544
If the Company determines that it is unable to perform all or a portion ofthe work with its
own forces or equipment, it may contract the work only after notifying and receiving approval to
proceed from the State. The selection of a contractor shall be subject to approval by the State
prior to the awarding of the contract.
Work by the Company shall be prosecuted so as to be completed within 12 months after
the date the Company is authorized to begin work. If the Company determines it is not possible
to complete the work within the period herein specified, it shall make a written request to the
State for an extension of time for completion, setting forth therein the reason for such extension.
The Daily Utility Report provided for in Article 6a ofthe Standard Clauses, Exhibit "A",
shall not be required if the duration of the construction work is expected to last 10 working days
or less.
3. COST ESTIMATE
The actual costs of the project herein contemplated, including preliminary engineering
costs, are to be financed with Federal, County and City Funds. The State, County and City will
reimburse the Company as provided herein for only such items of work and expense as are proper
and eligible for payment with Federal Funds. Only materials actually incorporated into the project
will be eligible for Federal reimbursement.
The State's portion (reimbursable with Federal Funds), the County's portion and the City's
portion will be paid to the Company in accordance with Article 7 of the Standard Clauses, Exhibit
IIAII.
It is understood that the following estimate is for informational purposes only. The estimated
cost of the work to be done by the Company hereunder with its own equipment and regularly
employed forces and in accordance with the Company's agreements with such regularly employed
forces is as follows and in further accordance with the detailed estimate, Exhibit "C", and
summarized in Exhibit "D".
-3-
AGREEMENT NO. 76544
Estimated Cost of Signals
80% Federal Funds
10% County Funds
10% City Funds
Total Estimated Cost of Signals
TOTAL ESTIMATED COST OF PROJECT
$42,571.20
$5,321.40
$5,321.40
$53,214.00
$53,214.00
Notwithstanding any provision to the contrary, the State's liability shall not exceed 120 percent of
that amount which is listed above as "Total Estimated Cost of Project". The State's total liability
can only increase with its approval and the State reserves the right to not participate in project
costs incurred without its prior consent.
4. WORK CHANGES
In the event it is determined that a change from the statement of work to be performed by
the Company, as outlined in the detailed estimate, Exhibit "C.., is required, it shall be authorized
only by an amendment to this agreement executed prior to the performance of the work involved
in the change.
In the event it is found that the work has not changed from the said statement of work to
be performed by the Company, but the estimated amount in this agreement is less than the actual
cost of performing the work, then an increase in eligible reimbursement will be allowed to the
extent of such actual cost without an amendment in accordance with Section 3 of this Agreement
and Article 8 of the Standard Clauses, Exhibit "A".
5. MAINTENANCE
The grade crossing signal system provided for in this agreement shall be maintained and
operated by the Company upon completion of its installation. The obligation to maintain said
signal system shall continue in accordance with the law of the State as it shall be from time to time
in the future.
-4-
AGREEMENT NO. 76544
6. FUTURE REMOVAL
The signal system provided for in this agreement shall not be removed unless there has
been a determination by the State that said signal system is no longer required at this location. If
the signal system is to be removed, the Company shall notify the State of their pending removal.
Upon request of the State, the Company shall reinstall said signal system at some other crossing
within the State on the Company's tracks. The location and division of cost of such relocation
shall be agreed upon between the Company and the State prior to such removal.
In the event that either railway or highway improvements will necessitate a rearrangement
of the signal system at said crossing, the party whose improvement causes said changes will bear
the entire cost of the same without obligation to the other.
7. DETOURS AND WORK ZONE TRAFFIC CONTROL
If there is a need for a road detour in connection with the installation of said signal system,
it shall be the County's responsibility to set up the road detour and detour signing. It is
understood that the Company shall coordinate any necessary road detour with the County prior to
the starting date. The County shall bear all costs involved in setting up the road detour.
If a road detour is not feasible, The County shall furnish, erect and maintain all necessary
traffic control devices required to provide safe movement of vehicular traffic through the project
area during the entire period from the beginning of construction to the final completion thereof.
Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers,
cones, drums, pavement markings and flagmen as required and sufficient barricade weights to
maintain barricade stability. The County shall be responsible for the immediate repair or
replacement of all traffic control devices that become damaged, moved or destroyed, of all lights
that cease to function properly, and of all barricade weights that are damaged, destroyed or
otherwise fail to stabilize the barricades.
-5-
AGREEMENT NO. 76544
8. SIGNING AND PAVEMENT MARKINGS
Subsequent to the installation of said signal system, the County agrees to install, as may be
needed, appropriate advance warning signs, other supplemental signs and pavement markings in
accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). The
County agrees to install said signs using wide-angle prismatic retroreflective sign sheeting
material. The County also agrees to remove signs that are no longer needed as a result of said
signal installation.
9. ASSIGNMENT OF RECEIVABLES
Any party to this agreement may assign any receivables due them under this agreement,
provided, however, such assignments shall not relieve the assignor of any of its rights or
obligations under this agreement.
-6-
AGREEMENT NO. 76544
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
COUNTY OF DAKOTA
SOD LINE RAll..ROAD COMPANY
B~~""~~BY
Physical Devel en irector
Title:
Date: <0 / S/;??
By: ~.Z:~~
County Engineer
Dated: ,19
By:
Title:
Dated: , 19
Recommended for Approval
Date:
7 - -z8 -9 7
AP12~ as to Exe.ution
By. ~~
Assistant County Attomey
Date: ~l ~Ci1
CITY OF FARMINGTON
By:
Mayor
Date:
By:
City Clerk
Date:
-7-
PROJECT ESTIMATE SUMMARY
USDOTNO:
AGREEMENT NO:
SIGNAL PROJECT:
SURFACE PROJECT:
STATE CROSSING NO:
STATE PROJECT NO:
MN PROJECT NO:
ROAD DESIGNATION:
LOCATION:
CITY:
RAILROAD:
ROAD AUTHORITY:
FILE NUMBER:
SAFETY CODE:
Project Cost
Breakdown
signal Work
( 80. % Federal)
Surface Work
( 0.% Federal)
Subtotal
Construction
Engineering
Total
380396C
76544
ADD GATES
NONE
19-05-023
19-00125
STP 1997(352)
CSAH 0050
ELM ST
FARMINGTON
CANADIAN PACIFIC RAILWAY
CITY OF FARMINGTON
F0361
5G
Federal
Funds
$ $42,571.20
$
$0.00
Other
Funds
$ $10,642.80
$
$0.00
Total
Project Cost
$ $53,214.00
$
$0.00
$ $42,571.20
$
0.00
$ $10,642.80
$
0.00
$ $53,214.00
$
0.00
$ $42,571.20
$ $10,642.80
$ $53,214.00
* NOTE: SOURCE OF OTHER FUNDING:
SIGNALS-- 10% DAKOTA COUNTY FUNDS & 10% CITY OF FARMINGTON FUNDS
SURFACE-- -0-
State Project: 19-00125
MN project: STP 1997(352)
AGR: 76544 Safety Code: 5G
Railroad: CPR
Location: ELM ST
City: FARMINGTON
Date: 07/11/97 Exhibit: D
Sheet 1 of 1
TO:
Mayor, Councilmem~ and
City Administrator 7/L-
/
Daniel M. Siebenaler
Chief of Police
FROM:
SUBJECT:
Traffic Study Update
3rd and Elm,
DATE:
September 2, 1997
INTRODUCTION
The City received a request from the Chamber of Commerce to petition Dakota County for a traffic study
at two intersections. First Street and Third Street at County Road 50 (Elm St.),
DISCUSSION
Staff has contacted the County Highway Department regarding the Elm Street studies. The study at First
St. has been completed. Preliminary information indicates that the intersection does not warrant a 4- way
stop sign or stop light.
The study of Third and Elm is to begin the week after Labor Day, It should be completed within a week of
implementation. A written report will be submitted to the City of Farmington concerning the possibility of
warrants for either a Stop Light or a 4-Way Stop sign. It should be noted that the warrants are not the
same for both scenarios. It was County staff s understanding that the intersection was likely to meet
warrants for a stoplight to be installed with the reconstruction of the road in 1999 so installation now would
be very unlikely, however they would carefully consider the possibility of a 4- Way Stop. _
ACTION REQUESTED
No action required. Information only.
Respectfully submitted,
Daniel M. Siebenaler
Chief of Police
gb
CitlJ. of FarminlJton 325 Oak Street. FarminlJton, MN 55024 · (612) 463.7111 · Fa/( (612) 463.2591
~c
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: House Moving Permit - East
Farmington
DATE: September 2, 1997
INTRODUCTION
At the August 18, 1997 Council meeting, a number of issues relative to the moving of an existing
home into the East Farmington pun was discussed. A number of citizens expressed concerns on
the prospect of this home being moved into East Farmington. After considerable discussion, it
was acknowledged that the moving of this home into the PUD was within planning, building and
zoning requirements established under the City Code and that drainage issues associated with the
development of site would be addressed.
Notwithstanding, Council expressed concern regarding the appropriateness of this proposal and
directed staff to ensure that all applicable standards were enforced.
DISCUSSION
In response to Council concerns, staff contacted Mr. Bob Johnson, Chief Executive Officer for
South Suburban Medical Center (SSMC) and Mr. Roger Randall, the contractor and potential
developer for the property in question, and conveyed Council's concerns regarding this proposal.
After discussing various project issues with Mr. Johnson and Mr. Randall, they have agreed to
work with the City in researching other alternatives for the final disposition of the house in
question. Mr. Johnson has also tentatively agreed, subject to SSMC Board approval, to equally
share in the costs of reimbursing Mr. Randall for costs incurred to date, and equally share in the
costs of demolishing the home. Total costs are anticipated to be approximately $8,000 to
reimburse Mr. Randall, and another $6,500 for housing demolition.
Mr. Randall has indicated a desire to temporarily move the house onto the adjoining remnant lot
out of the way of the road construction in hopes of finding a new location. Mr. Randall has been
informed, and has acknowledged, that this temporary move would be at his expense. One
possible site for the home would be on a tax-forfeit lot located on 4th and Main Street. Several
actions, however, would need to be taken prior to this site being considered suitable for
residential redevelopment.
If the 4th and Main site would be suitable, separate actions would need to be taken by the
Planning Commission, City Council and the HRA Board. These issues include rezoning the site
from R-3 to R-2, purchase of the tax forfeit site by the City HRA, and agreeing to sell the site to
I
CitlJ. of FarminlJton 325 Oak Street · FarminlJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591
Mayor and Councilmembers
House Moving Permit - East Farmington
Page 2 of2
Mr. Randall for the purpose of locating the home. Facilitation of the rezoning of this site could
be initiated by Council this evening by adopting a motion calling for the rezoning of this site and
referring this issue to the Planning Commission.
It should be emphasized that the Community Development Department's original position on the
proposed movement of this home into the PUD outlot was accurate and appropriate, and
consistent with City Code. However, in light of Council's reasonable concerns that all
development within the PUD, platted and/or unplatted, be consistent with existing PUD
development standards, staff revisited this issue from that policy perspective.
It should be further noted that this proposed change to moving the home into the East
Farmington PUD was only accomplished with the earnest and exceptional cooperation of Mr.
Johnson representing SSMC and Mr. Randall.
BUDGET IMPACT
As stated above, costs for reimbursing Mr. Randall, and possibly demolishing the house are
anticipated to be approximately $14,500. This amount would be shared with SSMC for a total
estimated cost to the City of approximately $7,250. Funding for this expense would be
appropriated through the Road and Bridge Fund as a street project construction expense.
However, if Mr. Randall is able to locate a new site for the house, the City could conceivably
avoid these costs altogether, with only minimal costs for any legal or soil testing work that may
be required on the site.
ACTION REOUESTED
Approve the following actions:
1) Approve the proposed agreement as described with SSMC for purposes of reimbursing Mr.
Randall for house moving expenses to-date, and, demolition of the house. This
reimbursement would only occur if a new site could not be located.
2) Initiate the rezoning of the 4th and Main site by adopting a motion calling for the rezoning of
this lot and referring the matter to the Planning Commission.
Res ectfully submitted,
, </~
ohn F. Erar
City Administrator
Cc: Mr. Robert Johnson, CEO, SSMC
Mr. Roger Randall
Mr. Pat Aiken
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TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Code of Ethics - Draft Ordinance
DATE: September 2, 1997
INTRODUCTION
At the August 18, 1997 Council meeting, Council member Strand requested that staff research a
Code of Ethics ordinance to provide Council with some guidance on potential conflict of interest
Issues.
DISCUSSION
Attached, please find a draft ordinance on the subject of a Code of Ethics. The proposed
ordinance also includes appointed City officials and City employees. Research on this issue
suggests that a number of municipalities have adopted a Code of Ethics that clarify potential
conflict of interest issues, eliminate confusion and develop guidelines on issues where a personal
or financial interest may be in question.
While the proposed ordinance has been reviewed by City Attorney Grannis, it is suggested that
Council carefully review ordinance language and contact either myself or the City Attorney with
any questions or concerns. In order to provide Council with adequate time to review the draft
ordinance, the final ordinance would not be presented to Council for formal adoption until
October 6, 1997.
BUDGET IMP ACT
None.
ACTION REQUESTED
Council review of the proposed ordinance is requested. Any questions or concerns may be
directed to either myself or City Attorney Grannis.
Re_ spec1fu~l~ubmitted,
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John F. Erar
/City Administrator
CitlJ of Farminf/.ton 325 Oak Street. Farminqton, MN 5502~ · (612) ~63-7111 · FaK (612) ~63-2591
ORDINANCE NO.
DRAFT
AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR PUBLIC OFFICIALS
ELECTED AND APPOINTED, AND CITY EMPLOYEES OF THE CITY OF FARMINGTON.
The City Council of Farmington ordains:
Section 1. Definitions.
1. Public officials are defined as all elected and appointed positions, paid and unpaid in the City
of Farmington.
2. Public bodies are defined as including the City Council, all Commissions, all Boards which
may be appointed by the Farmington City Councilor the Chief Judge of this Judicial District.
3. City employees are defined as the paid public employees of the City of Farmington.
4. Public Office is defined as a public trust created for the benefit of the public and not for the
benefit of the incumbent.
5. Personal interest means an interest arising from blood or marriage relationships or close
business or political associations.
6. Direct financial interest is hereby deemed to mean such an interest as would involve a
reasonable likelihood of personal, corporate or proprietary gain having a monetary value of
substance.
7. "Blood relationships" and "marriage relationships" shall be deemed for the purposes hereof
to include only immediate family relationships of the first degree: spouse, children, mother,
father, father-in-law, mother-in-law, stepfather, stepmother, brother, sister, sister-in-law and
brother-in-law.
8. Conflict of Interest is defined as any action which causes the appearance of a conflict of
interest whether that conflict be financial, personal or such that the individual would
personally benefit or gain from such action.
Section 2. Policy.
Subd. 1. Purpose. The City Council of Farmington confirms its determination that ethical
standards among it members, as well as the members of the various commissions of the City of
Farmington are essential to the public affairs of the City. The purpose of the code is to establish
ethical standards of conduct for city officials by setting forth those acts or actions that are
incompatible with the best interests of the City and by directing disclosure by such officials of
private financial or other interest in matters affecting the City. The provisions and purpose of
this Code are hereby declared to be in the best interests of the City of Farmington.
Subd. 2. General Declaration. It is extremely important that all persons acting in the public
service not only maintain the highest possible standards of ethical conduct in their transaction of
public business but that such standards be clearly defined and known to those persons acting in
public service as well as to the public.
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The proper operation of democratic government requires that public officials be independent,
impartial, and responsible to the people; that governmental decisions and policies be made in the
proper channels for the governmental structure; that public office not be used for personal gain or
private interest; and that the public have confidence in the integrity of its government. In
recognition of these goals there is hereby established a Code of Ethics for public officials, elected
and appointed, paid and/or unpaid and City employees.
Subd. 3. Responsibilities of Public Office. Public officials are agents of public purpose and hold
office for the benefit of the public. They are bound to uphold the Constitution of the United
States and the Constitution of this State and to carry out impartially the laws of the nation, state
and municipality and thus to foster respect for all government and for the citizens of the
community whom they serve. They are bound to observe in their official acts the highest
standards of morality and ethics, and to discharge faithfully the duties of their office.
Subd. 4. Dedicated Service. All City officials shall be dedicated to fulfilling their
responsibilities of office described herein. They shall be dedicated to the public purpose and all
programs developed by them shall be in the best interests of the community.
Public officials shall not exceed their authority or breach the law or ask others to do so, and they
shall work in full cooperation with other public officials and employees unless prohibited from
so doing by law or by officially recognized confidentiality of their work.
Section 3. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable
to all members of the City Council, all commissions, paid and unpaid, advisory or otherwise,
committees and boards. It shall be applicable to all city employees, full-time and part-time, of
the City of Farmington.
Section 4. Fair and Equal Treatment.
Subd. 1. Incompatibility with the Public Interest. Subject to the provisions of this section, no
public official, while acting as such, shall participate in the discussion of, attempt to unduly
influence or vote on any issue in which he or she has any direct financial interest or personal
interest which arises from blood or marriage relationships, or from any other interest which may
subvert the public trust.
Subd. 2. Disclosure. If two or more public officials or members of a public body shall declare a
financial or personal interest in a matter to be decided by the public body, then every remaining
member of that public body shall be required to vote on an ordinance or other form of
amendment to that respective City code. All votes shall be cast and tallied following a full public
discussion of the item being voted upon. During the course of such discussion, every member
having either a direct financial interest or personal interest as above described in this section shall
make a full public disclosure of that interest and shall abstain from discussion and voting on said
issue. All such disclosures shall also be made a matter of public record along with the recording
of the votes relating to the subject matter.
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Subd. 3. V oting. V oting for any public body associated with the City of Farmington shall be
done in a public manner in compliance with State Statutes regulating such activities and shall
abide by the "Open Meeting Laws" of the State of Minnesota.
Subd. 4. Abstention. If a public official or employee of the City while acting in a capacity of
influence has a financial interest, personal interest or any other such interest which may provide
for personal gain on any matter pending before a public body of which he/she is either a voting
member or in which he/she serves in a reporting relationship, he/she must abstain from voting on
such matters. After full disclosure of such interest to the public body, a public official or
employee may discuss such matters in which he/she has a personal interest to the extent that the
information presented is relevant, and will assist the voting members of the body with their
deliberations. Further, it shall be stated in the meeting minutes the nature of such financial or
personal interest and it shall be made a part of the public record.
Subd. 5. Public Officials Serving on Two Public Bodies. The practice of serving on two public
bodies is discouraged, but allowable subject to the following conditions. Notwithstanding
anything contrary above or following stated, one member may serve on two bodies if no other
applications have been received for that position, and/or that such appointment is in the best
interests of the community as deemed by the appointing body. Public officials may serve on two
public bodies, but must abstain from voting should an issue arise which may give the appearance
of a conflict of interest, or if the issue under review may impact his or her position on the other
public body giving way to a personal or financial interest in the outcome. After full disclosure of
such interest to the public body, a public official or employee may discuss such matters in which
he/she has a personal interest to the extent that the information presented is relevant, and will
assist the voting members of the body with their deliberations. Further, it shall be stated in the
minutes the nature of such financial or personal interest, and it shall be made a part of the public
record.
Members shall observe such conditions as set forth which if violated may lead to his/her removal
on both public bodies. All actions relating to, and from shall be made a part of the public record.
Subd. 6. Non-Participation. No person covered by this Code of Ethics shall take any official
action with respect to a matter in which he or she has a direct financial interest or personal
interest; provided that participation in decision-making process on his or her own behalf as a
private citizen shall not be prescribed by this Code of Ethics, and provided further that he or she
may participate in matters leading up to or preliminary to official action to the extent that he or
she disclosed any such direct financial or personal interest as he or she may have in the same and
to the extent that he or she has no discretion to make such a final controlling judgement or vote
on the same. Disclosure of any such financial or personal interest shall be made to the council,
board, commission or committee of which the person is a member when the item appears on the
agenda. Such disclosure shall be recorded in the meeting minutes and become a matter of public
record.
Disclosure of any such financial or personal interest in a matter where an appointed official is
involved in the review and approval or denial process shall be made in writing to the City
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Administrator. Such issues involving an appointed official shall be referred to the City Attorney
to determine whether a conflict of interest or an appearance of impropriety exists.
Subd. 7. Confidentiality. No person covered by this Code of Ethics shall, without proper, written
legal authorization, disclose confidential information concerning the property, government or
affairs of the City, nor shall any person use such information to advance his or her personal
financial or private interests or other private interests of any person.
Subd. 8. Gratuities. No person covered by this Code of Ethics shall directly or indirectly solicit
any gift or accept or receive any gift of substance, including but not limited to money, services,
city services, loans, travel, entertainment, hospitality, or promise, under circumstances in which it
could be reasonably inferred that the gift was intended to influence him or her, or could
reasonably be expected to influence him or her in the performance of his or her official duties or
was intended as a reward for any official action on his or her part.
Subd. 9. Representation. No public official of any public body shall appear in behalf of another's
private interest before the council, any committee, commission or agency of the City where that
public official sits in a decision-making capacity, nor shall he or she represent another's private
interests in any action or proceeding against the interests of the City in which the City is a party.
Subd. 10. Sales, Leases and Contracts. Except as specifically authorized by Statute, Section
471.88, no person covered by this Code of Ethics who is authorized to take part in any manner in
making any sale, lease or contract in his/her official capacity shall have a direct financial interest
in that sale, lease or contract or personally benefit financially therefrom.
Subd. 11. Official Duties. No public official or employee of the City shall claim expenses for
travel, meals, accommodations, conferences or any other such type of travel expenses unless such
expenses are directly attributable to his or her personal travel expenditures while on official city
business. Expenses charged to the City for payment shall not include any expenses associated
with family members traveling with the official as defined under Subdivision 1. of this section.
Subd. 12. Private Use of Public Property. At no time shall any public official or City employee
use City property for his or her own private use. Solicitations made by public officials of City
employees for special favors, or for private use when such requests will knowingly require the
use of public property for personal reasons is strictly prohibited without the express written
permission of the City Council, and such requests shall be made part of the public record. It shall
be required that any such solicitations be reported to the City Administrator, who shall then
investigate, and report such findings to the City Council.
Subd. 13. Involvement in Governmental Review Processes. At no time shall any public official
or City employee involve himlherself in a governmental review process with respect to a matter
in which he or she has a financial interest or personal interest.
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Section 5. Appearances of Conflict of Interest.
Subd. 1. No public official or City employee shall knowingly engage in any business or
transaction or shall have a financial or other personal interest, direct or indirect, which is
incompatible with the proper discharge of his/her official duties in the public interest or would
impair his/her independence of judgement or action in the performance of his/her official duties.
Subd. 2. No public official shall hold a position in addition to a public position which interferes,
or may interfere, with the proper discharge of the public duty.
Subd. 3. Soliciting of personal gifts or special favors from City employees or from other public
officials.
Subd. 4. Personal interest in legislation to the extent that private interest takes precedence over
public interest and public duty.
Subd. 5. Participation in transactions as a public representative with a business entity in which
the public official or City employee has a direct or indirect financial or other personal interest
without full disclosure.
Subd. 6. Use of confidential information, obtained as a result of public position or City
employment, for personal gain.
Subd. 7. Entry into contracts or other business for profit by a business in which an elected official
has a substantial or controlling interest when the elected official can influence such contract or
business because of his public position.
Subd. 8. When a public official or City employee knowingly participates in a situation contrary to
the sections of this Code fails to disclose such personal or financial interest or takes such action
which causes a violation of the Code, then that person would be in violation of this Code and its
respective sections.
Subd. 9. When a public official serving on two public bodies fails to voluntarily abstain from
discussion and voting when such discussion on one public body would affect his or her financial
or personal interest on the other.
Subd. 10. Use of public office to further a financial interest or unduly influence the outcome of a
City review process or proceeding for personal or financial gain.
Section 6. Applicability of Code and Disclosure.
Subd. 1. When a public official or City employee has doubt as to the applicability of a provision
of this Code to a particular situation, he or she shall consult with the City Attorney and City
Administrator for an advisory opinion and be guided by that opinion when given. The official
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shall have the opportunity to present his interpretation of the facts at issue and of the applicable
provisions of the Code before such advisory decision is made.
Subd. 2. This Code shall be operative in all instances covered by its provisions except when
superseded by an applicable statutory provision and statutory action is mandatory, or when the
application of a statutory provision is discretionary but determined to be more appropriate or
desirable.
Subd. 3. Not later than sixty (60) days after the date of adoption and thirty (30) days after
publication, each elected and appointed official and City employee of the City of Farmington
shall file with the City Administrator/designee a Statement of Disclosure for the public record if
applicable. All current public officials or City employee who falls under the provisions of this
Code of ethics shall file a statement of disclosure only if a financial or personal interest exists
under this Code. If no relationships defined under this Code apply, a Statement of Disclosure is
waived.
Subd. 4. Disclosure criteria established under this Code shall include, but not be limited to the
following:
a. A list of all business corporations, companies, firms or other business enterprises,
partrlerships knowingly doing business with the City of Farmington in which the official or
employee has a financial or personal interest in.
b. A list of businesses or enterprises with which he or she is connected as an employee,
officer, owner, director, trustee, or partner.
c. A list of his or her interests in real property or rights in lands located in the City of
Farmington, other than property which he or she occupies as a personal residence.
d. Each person who enters upon duty after the date of publication and adoption in an
office or position as to which a statement is required by this ordinance shall file such a
Disclosure Statement not less than thirty (30) days after the date of his or her entrance on duty.
e. This ordinance shall not be construed to require the filing of any information relating to
any person's connection with, or interest in, any professional society or any charitable,
organization or any similar organization not conducted as a business enterprise and which is not
engaged in the ownership or conduct of a business enterprise.
f. The City Administrator shall inform each person who is required to file, of the time and
place for filing. The City Administrator shall inform the Council whenever a person who is
required to file a statement fails to do so.
Section 7. Penalty. All persons covered by this ordinance who knowingly violate sections of the
Code are subject to removal from office by the appointing authority or by whatever means
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allowable under the law and shall be subject to criminal prosecution if applicable under existing
law. Persons who violate this Code shall have the first option of removal by resignation. City
employees who knowingly violate this Code are subject to immediate suspension and termination
and possible criminal prosecution, if an investigation concludes that the employee knowingly
violated sections of this ordinance. All persons covered by this ordinance shall have available to
them a public hearing in which violations of this Code may be asserted. This section shall not be
construed to limit the rights of persons charged with violations of this Code under Federal and
State Civil Rights Laws.
Section 8. Summary Approved. The Council hereby determines that the text of the summary of
this ordinance prepared by the City Administrator, marked "Official Summary of Ordinance No.
103" and a copy of which is attached hereto, clearly informs the public of the intent and effect of
the ordinance. The Council further determines that publication of the title and such summary will
clearly inform the public of the intent and effect of the ordinance.
Section 9. Posting and Filing. The City Administrator shall see that a copy of this ordinance is
filed in his office and in the City Hall business office, which the council hereby designates as
locations at which a copy is available for inspection by any person during regular office hours.
Section 10. Publication. The City Administrator shall publish the title of this ordinance and the
official summary in the official newspaper with notice that a printed copy of the ordinance is
available for inspection by any person during regular office hours at the office of the City
Administrator .
Section 11. Effective Date. This ordinance becomes effective after adoption and passage, and 30
days after publication of its title and official summary.
Passed by the Council this
day of
,19_.
Mayor
Attest:
City Administrator/City Clerk
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Published this _day of
City of Farmington.
in the Farmington Independent, a legal newspaper of the
"OFFICIAL SUMMARY"
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR PUBLIC OFFICIALS
ELECTED AND APPOINTED,AND CITY EMPLOYEES OF THE CITY OF FARMINGTON.
The following is the official summary of Ordinance No. 103 approved by the City Council of
Farmington on
The City Council of Farmington has with this ordinance established a Code of Ethics for
all public officials, both appointed and elected, and City employees. This ordinance institutes
appropriate public policy standards and sets forth guidelines in this local unit of government for
dealing with public issues which could impart the appearance of a conflict of interest to the
general public. It defines personal and financial interests which are incompatible with the best
interests of the City and directs disclosure by such officials of private financial or other interests
in matters affecting the City. It establishes fundamental standards of ethical conduct for all
persons in public service associated with the City of Farmington, and seeks to promote that the
highest possible standards of ethical conduct are observed while transacting public business. It
describes City procedures to follow in the event of a possible conflict of interest including public
disclosure requirements, voting abstention requirements, and appearances of conflict of interest.
Furthermore, it establishes public standards on confidentiality issues, gratuities, representation,
sales, leases and contracts, official duties, and private uses of public property. The penalties for
knowingly violating this ordinance may result in removal from office, termination of
employment, and possible criminal prosecution if the situation warrants such action to be taken.
A printed copy of the ordinance is available for inspection by any person at the office of
the City Administrator.
DISCLOSURE OF INTEREST
Name: Status: DAppointed DElected DEmployee
(Check One)
Position Held: (Identify Public Body or City Department)
Type ofInterest (Check all that apply): DPersonal
DFinancial DOther
Do you have any direct financial or personal interest in any private enterprise doing business with
the City of Farmington in which you or immediate family members would have the reasonable
likelihood of benefiting from personally by your position with the City? DYes DNo
If Yes please explain:
Identify any business, profit or non-profit, which you own or have interest in, personal or
financial, which does business with the City of Farmington:
If you have listed any business interests, please check your status with this business interest:
DEmployee DOfficer DOwner Director DTrustee Partner
Identify any real property or rights in lands, whether full or partial interest, located in the
corporate limits of the City of Farmington, which does not qualify as a primary residence:
I hereby affirm that the information given is accurate and is being given to the best of my
knowledge. My signature on this disclosure form indicates compliance with applicable City
ordinances regarding conflicts of interest disclosure requirements. Should circumstances arise
which may modify or alter my interests, personal or financial, I will inform the City
Administrator and request an opinion on such interest as specified in City ordinances.
Signature
Date
TO: Mayor and City Council
City Administrator:J1tv-
!
FROM: Robin Roland, Finance Director
SUBJECT: Approval of Preliminary 1998
Tax Levy and Establishment of
Dates for Truth in Taxation
Hearing
DATE: September 2, 1997
INTRODUCTION
State statutes require a preliminary tax levy to be certified to the County by September 15, 1997.
This preliminary levy is used by the county to develop the proposed property tax statements
issued to taxpayers in conjunction with the Truth in Taxation process. Once the proposed tax levy
is adopted, the City Council may lower the levy, but cannot increase it. Dates must also be
selected for the Truth in Taxation hearings and included in the Preliminary Tax Levy resolution.
DISCUSSION AND BUDGET IMPACT
The City Council was presented a copy of the Proposed 1998 Budget on August 4, 1997. A
budget workshop was held August 19th. The preliminary tax levy is part of that proposed budget
and was discussed with Council at the August 19th workshop.
As presented, the Tax Levy proposed as part of the budget is $1,724,328 and includes $550,000
for debt service and $45,000 for the Fire levy. The tentative Tax Capacity Rate (based on the
County's "best guess" at this time) would be 33.75%. The total General Fund budget is
$3,542,640, of which $1,129,328 will come from the Tax Levy. Further discussion of the 1998
Proposed Budget will occur at the Truth in Taxation hearing.
Dates available for the Truth in Taxation hearing, which do not conflict with the County, School
District or Special Taxing District Truth in Taxation hearings, would be Wednesday December 3'd
or Thursday December 4th. A continuation hearing, if necessary, could take place on December
10th or 11th, or at the December 16th regular City Council meeting. The council will need to
approve the Final Tax Levy and 1998 Budget at the December 16th meeting.
ACTION REQUIRED
Adopt the attached resolution, certifying the 1998 Preliminary Tax Levy of $1 ,724,328 to Dakota
County and establishing December 3,1997 at 7:00 P.M. as the City of Farmington's Truth in
Taxation hearing for Tax Levy collectible 1998.
Respectfully submitted,
#4-1
Robin Roland
Finance Director
96
Cit1/. of Farminf/.ton 325 Oak Street · FarminqtonJ MN 5502~ · (612) ~63-7117 · FaK (612) ~63-2591
RESOLUTION NO. R -97
APPROVING PROPOSED 1997 LEVY COLLECTIBLE IN 1998
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 2nd day of September,
1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, Minnesota Statutes currently in force require certification of a required proposed tax
levy to Dakota County Auditor on or before September 15, 1997; and
WHEREAS, the City Council of the City of Farmington, Minnesota, is in receipt of the proposed
1998 revenue and expenditure budget;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Farmington,
that the following sums of money by levied in 1997, collectible in 1998, upon the taxable property
in said City of Farmington for the following purposes:
Tax Levy
General Fund
Debt Service (see attached)
Fire Levy
Gross Levy
Less: Fiscal Disparities
Less: HACAlLPA
Net Levy
$1,901,208
550,000
45,000
$2,496,208
(378,802)
(393,078)
$1,724,328
BE IT FURTHER RESOLVED that the Truth in Taxation public hearing will be held on Wednesday
December 3,1997 at 7:00 P.M.. If needed, the continued hearing will be held on Monday,
December 15, 1997 at 7:00 P.M..
This resolution adopted by recorded vote of the Farmington City Council in open session on the
2nd day of September, 1997.
Mayor
City Administrator
TO:
Mayor, Councilmembers
City Administrator~
FROM:
David L. Olson
Community Development Director
SUBJECT:
Amendment to PUD Contract!
East Farmington
DATE:
September 2, 1997
INTRODUCTION
As a result of the proposed moving of and existing house to one of the outlots contained in the
East Farmington PUD, it was indicated by several Councilmembers that the something should be
done to ensure that future situations like this do not arise whereby an older home could be moved
into or adjacent to the new PUD development.
DISCUSSION
If it is the intent of the Council that all development with the East Farmington PUD (including
outlots and lands owned by parties other than Sienna Corporation) be restricted to being
developed consistently with other portions of the PUD, an amendment to the PUD contract and/or
ordinance should be prepared. It is my understanding that this restriction would require that lands
proposed for uses other than designated on the Schematic PUD Plan, would need to meet the same
requirements as the areas designated for this use. Using the recent case as an example, if an area
is designated as "Institutional" but is proposed to be developed as "Single Family," which is a
permitted use in the underlying zoning of R-2, all of the same requirements for platting and
adopting restrictive covenants would still apply.
This would hopefully address situations or changes that were not envisioned originally and ensure
that all areas within the PUD are developed consistently regardless of whether there was a specific
use identified on the original Schematic Plan for all areas within the PUD.
ACTION REQUESTED
Instruct staff and the City Attorney to prepare an amendment to PUD Contract and/or Ordinance
for East Farmington to address the above-described situation. This amendment would need to
reviewed and agreed to by Sienna Corporation.
Respectfully submitted, .......-...
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Community Development Director
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CitlJ of Farminf/.ton 325 Oak Street · FarminqtonJ MN 55024 · (612) 463-7111 · Fa!r (612) 463-2591
TO:
)'layor. Counci}~~ers. City
Administrator;.r----
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FROM: Lee M. Mann. P.E..
Director of Public Warks/City Engineer
SUBJECT: Fairhills Pond Outlet
DATE: September 2. 1997
INTRODUCTION
Staff has discovered that the pipe that was installed between the stormwater pond north of 193rd and
south of 193rd was buried during the construction of the homes in the Fairhills Development.
DISCUSSION
In late July 1997, the City experienced several rainfalls in a very short period of time. Staff received
calls from concerned residents in the Fair Hills Development regarding the rising pond level in their
backyards (north of 193rd Street). Upon investigation. staff discovered that the end of the pipe south
of 193rd Street in the Fairhills Development that serves as the outlet for the pond north of 193rd
Street is buried. Consequently, there is no piped outlet for the pond north of 193rd Street. The pipe
construction was completed in 1983. It is staff's opinion that sometime between 1983 and 1987
when the homes in the area were being built, the end of the pipe was inadvertently buried by one of
the home builders.
The buried pipe needs to be opened in order to provide the necessary outlet for the pond north of
193rd Street. Leaving the pipe buried could cause the pond to the north to rise to levels above those
designed in the City's Comprehensive Storm Water Plan. In addition. staff recommends that the
pipe be extended approximately 90 feet southwesterly so that the outlet is closer to the existing
ponding area. Extending the pipe will address resident concerns similar to those encountered
recently in the Akin Park 2nd Addition. If the pipe were opened where it currently ends and was not
extended. there would be significant regrading necessary that would affect the current homeowners
backyards.
BUDGET IMPACT
Quotes have been solicited for the work and the estimated cost to extend the pipe is approximately
S 12.000. including contingencies and engineering, legal and administration costs. At this point it
would be extremely difficult if not impossible to determine who buried the outlet. .--\ccordingly. it is
statfs recommendation that this project be funded through the Storm Water Trunk Fund. as this pipe
Citl} of Farminf/.ton 325 Oak Street · FarminqtonJ MN 5502~ · (612) ~63-7111 · Fax (612) ~63-2591
is identified in the City's Comprehensive Storm Water Management Plan as a Trunk Facility. Per
the City's Assessment/Improvement Policy, Trunk Storm Sewer is 100% financed by the City.
RECOMMENDATION
It is recommended that Council approve the proposed work for the pond outlet in Fairhills.
Respectfully submitted,
~m~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
9~
TO:
Mayor, Councilmembers, City
Administrator~/~~
FROM:
Lee M. Mann, P.E.,
Director or Public Works/City
Engineer
SUBJECT:
Dakota County Estates 8th
Addition, Drainage Issues
DATE:
September 2, 1997
INTRODUCTION
In mid-April of 1997, staff received a petition from twenty-two residents in
Dakota County Estates 8th Addition requesting that the City fix their on-going
standing water problems in their backyards. The area involved is between
Eldorado Way and 185th Street West.
DISCUSSION
Staff has visited the problem site, met with the residents and performed surveys
to determine the causes of the problem. Currently, there is a storm sewer pipe
that runs along a portion of the area with catch basins to pick up the water at
certain points. That water is then conveyed to the storm sewer system in 185th
Street. Staff found two different situations that contribute to the drainage
problem. Some of the problem was caused inadvertently by residents that had
landscaping blocking the drainage path. Staff made recommendations to those
residents and those issues have been resolved.
The remainder of the problem lies with the grading of the rear lot line swale. A
contributing factor to the grading problem is that the grading plan shows areas
of the backyard swale designed with less than 1% slope. It is very difficult if
not nearly impossible to make a grassed swale drain well with less than 1% slope.
The elevations taken by staff at the lot corners show positive drainage to the
catch basins, however there are still low spots in between the lot corners which
is causing the water to pond. The proposed solution to the problem would include
installing drain tile and yard drains in the areas that currently do not have a
storm sewer pipe and adding yard drains in those areas that do have a storm sewer
pipe.
The files regarding this issue were researched ":ld the history regarding this
problem dates back to a letter sent to the develper on July 29, 1995. The most
recent letter sent by former staff was in June oi 1996 (see attached). Recent
conversations with former staff indicated that it was their opinion that the
developer had graded the swale properly and that the existing problem was
probably caused by the homebuilders' sub-contractor. The elevations obtained in
our survey at the lot corners could support this scenario.
As surety had been reduced for grading, the intent or the June 1996 letter was
to urge the developer to convince the homebuilders to fix the problem, since the
City'S contract is with the Developer. Conversations with the Developer suggest
City of Farminf/.ton 325 Oak Street. FarminqtonJ MN 55024 · (612) 463-7111 · FaK (612) 463-2591
that it would be very difficult to require the homebuilders to regrade the
swales.
BUDGET IMPACT
Quotes have been solicited for the improvements proposed to resolve the drainage
problem. The estimated cost for the improvements including contingencies and
engineering, legal and administration costs is $16,000. There are two possible
options for funding these improvements.
1. The residents could submit a signed petition requesting the improvement
stating that they would pay for 100% of the costs of the improvements and
waive their rights to a public hearing and appeal.
2. The Council could decide to have the City pay for 100% of the improvements.
RECOMMENDATION
That the Council decide whether the improvements should be made and how they
would be funded.
. If funding option #1 is chosen, no action is required until the petition is
submitted.
. If funding option #2 is chosen, the Council would need to make a motion
authorizing staff to proceed with the project.
Staff recommends funding option #2. The improvements proposed will fix an
existing system that for various circumstances is not performing as originally
intended. Therefore it is staff's opinion that these improvements: 1} do not
fall within the guidelines of the City's assessment policy since the City's
Assessment policy addresses benefiting property owners sharing costs for new
storm sewer and replacement of existing storm sewer, and 2} are not the
responsibility of the homeowners since they have paid for a system through the
developer and have the right to expect that the property they buy will drain
properly. This recommendation is consistent with past recommendations for
similar circumstances, i. e. the Akin Park swales. If the Council chooses this
option, the funds would come out of the Storm Water Utility Project Fund.
~ectfullY submitted~
~ m ~t~ j
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
Affected Residents
PETITION FOR LOCAL IMPROVEMENT
FARMINGTON, MINNESOTA
, 1991.
To the City Council of Farmington, Minnesota:
We, the undersigned, owners of
abutting on
% of the frontage of the real property
hereby petftion that the following improvement(s) which is more than 35% to be
constructed as assessable improvement(s) pursuant to Minnesota Statutes,
S1l~S ;;Ji;1p9;;d4 ~.Mt0 U7 had ~.
The Engineer has determined that the cost of a feasibility (preliminary report)
will not exceed $
, for which the petitioners hereby
agree to pay if the process does not conclude with an assessable improvement.
If we, the petitioners, are found to be the owners of 100% of the property to
be assessed, we hereby waive our right to a public hearing and notice of same
and agree to accept an assessment against our property as the Council shall
deem appropriate in accordance with M.S. 429.
PRINT NAME
J;. ( -? - -; (- :- 7 ADDRESS
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SIG~ATURE
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Evergreen Investments. ':
1830Q Pilot Knob Rd. .
Farmington, MN 55924
. . RE:' Dakota GountY' Estat~s ~th Addftion Drainage Swales
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On j~ly'29;: 1995 the. CitY of Farmington 'ga,ie you notice toftx the bac;kY~~d drainage: .
. .on Block ?;.l;).G..E.~'..Sth Addition by Augus~ IS, l.99S: To date, the corrections have'.
n~t b~en ma~~ t?.. ~~.lla~kj:ird.s in~ B.l~~ 5 ~ . _ ." . " . . .
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. This ieri~r'. is th~.f!n3"~otice tha(the CitY. of ~armington' r:equires all d.rainage problems..
on the rearyard drainage swales in Block 5, D.C.E. SthAddition be corrected.' A work'
. scheduie'shall be sub'mii~ed ~nd work shail commence before Thursday', June 27~ 1996.'
The Cit{of FarIllin'gion will perform. the necessary work to correct the drainage'. '
. . . . '. probl~ms if these ~on~~tions 3:r~. not met. Th~ Develbp~r shall pr.omptly. reim~~r~e' ~h~
, City fo.r any expenses pursuant to Item #23 of the Developers Agreement.. . .
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..... the' above" listed addition. .>_ This' location is adjacent:to the .area. .'.
:.'.-..:~.'which..I .~qte~_in':a.."p~ev.io.u's-' ~et~er~sen.t. rega~ding backyard drainage.;.
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.:':~approve~ .cjra9iI.l'(ip1~~.~as ~ent__wi~.~~ e~~lier le17t~~~:..,. ., .
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-----=-.::.:::.-=-=-=:lI:i;i '"ill U
--- INSTAU HA'r'BAl.[ BAAAJER~
,/
July 29. 1995
Jack Benedict
Evergreen Investments
18300 Pilot Knob Road
Farmington, MN 55024
RE: Dakota County Estates 8th -
backyard grading
Dear Mr. Benedict,
The City has received complaints regarding the backyard drainage on Block 5 of Dakota County
Estates 8th Addition. See the attached map showing locations where ponding of water is
occurring. This is not acceptable. Attached is a copy of the approved grading plan for this area.
As the Developer, it is your responsibility to ensure that the home builder follow this approved
plan. Please make the necessary arrangementS to regrade the backyard drainage swale according
to this plan.
This work should be completed by August 15, 1995 at the latest. If the grading is not completed
by this deadline, the City will utilize the surety for this project to make the necessary corrections.
Please contact me if you have questions.
Sincerely,
-'iLJ /JL.I
Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
TJK/ll
cc: file, Larry Thompson, TJK
South River Homes
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