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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------------- - ~ ~---------- 3) __ ~__ ~~~~__________ TYPE OF ~~E~~~~,,~_~ d!a~.xf}:'~-;:-- ______________ TOPICS 1 ~~~___ _~__~ _ ________________ 2)_~~--- ~_~__________ _________________ 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 '/,', ,~ ',-, 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~_ $ _...il:.t-i&(...-=___ -----~J]i~========= 1) Tt~avel $ .s-Orot!) , 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:__ ~--~~--------- TYPE OF CO ERENCE Y1J~~-~c.f!:..]k::J~__~~O~4A1_~ . TOPICS 1)_ _~~ _~~~_~~__~~_~~~-a:~~::: ~:-' _ - --~~~f~-~----------------------- METHOD ~F-~~EL_____ - - ~J5t~:================ 1) Tl"ave 1 $ _-'-tJ12~~~ __ 2) RegiStl"atfs:'n '~~~?! 3) Rc,c'fI1 $__rz::....~_~ -if)------ 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 HASTINGS CMC ARENA 08110197 1 ,4,..". .... ,."", ..-1f1117... MIlIA H...... CG('"" I' atlW .c.r.,.,.O Prftw L6tD E.... F~fJn .... GtDWl ,." L..... Mend &tIen IIoifllll JIll RetI..., 111111.... A4IIMI RooII. .flf Reo c.nllr Ro .1111...., ......,.. ..... .".", ..., 81,.." ..... ... ... m......, at.. , ....... .., ".,. hofII' · .,.. . 437-4840 458-2846 .~5 8400 885-1102 0483-2510 451-3838 488-1248 1-607..fM6.8e68 1~12~ 1~7-281~188 1~-281~88 322-<<J01 ..5 88.. 451-1727 552..155 1~-4&7. 738-&872 1'- .. the AlMA the t l..tiI~ youth program ... at for league play. PrIIM ~ .,.... SlY McGrM $115.00 0... Mu.1Io $115.00 T,..l8Imn $130.00 Mark Vaughan $115.00 Jkn Bel $125.00 Tom MoMIty $130.00 Dan BenIon 185.00 Tom R..... $86.00 o.v. Lynch '110.00 StIw Browntng '110.00 Fred FIbeger '130.00 Tom Murphy Ron StaImatc<< $120.00 Rich R8Icn1.. $110.00 o.v. u.IIIy *.00 $125.00 o.v. BI8ck "11.33 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 , I I I \ \ I [I, 1\ 1\ . ..... ...-1 \ I I I ~ en ...... ----I ______ n .=;" , ~ ~ o ~ ~ ~ ~.z t'Tl ~ ~ ~ ~ ( " ---\ z \ \ ~ ~ I. z ~ ~ ~ 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 i ! III' HERITAGE I' DEVELOPMENT August 28, 1991 , . I i I I ! . i i I ! I I. 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 [. Farmington City CounciJ 32S Oak Street Fanninaton. MN 55044 I I I \ I I I i. I i i 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 $: <D ~ (D .., ) :-l. ." o ~ (j) o ::::J '< -.A. ..... -.A. .....i <0 <0 <0 ~I <0 <0 <0 "'" Q') 01 ~ f\) f\) (.U (.U 0> f\) -.A. (]1 "'-I ~ CO 01 f\) f\) f\) c.u ~ Q') "'" 0 "'-I f\) c.o CO (...) f\) (.U (.U Q') Q') 01 .,f::. . (...) -.A. 01 Q') c.v (...) ~ (.U <0 01 01 I\J . f\) (.U (.U "'" (.U (.U .,f::. (.U .,f::. j\) <0 CO Q') ~ c.n CO I\) (.U .,f::. +:0- "'" Q') -.A. <0 Q') -.A. CO Q') I\) (.U (.U "'" "'" Ul Q) <0 Q') f\) ~ c.u "'" ....... "'" <0 Q') (.U f\) f\) c.u "'" 0 ....... J\) "'" ....... I\.) ....... ~ "'" "'" 0> co ....... CO c.u ....... (...) I\J <0 CO ~ <0 "'" f\) I\.) c.u <0 c.u +:. ....... "'" I\.) o L 0.> :J ." <D 0- s: 0> .., )> -0 .., s: Q.) '< L C :::J L C )> C <0 (f) <D "'0 o () r-+ z o < o ~l --4 o f\) o 0J o ~ o (Jl o Q) o . 1'! "oK; . . :\""\ ' , . . , \11> , , f \""., c I ' I . :~. : ".. , "- " ""1i ./ ./ ' //'/ .x: \ '.' .. \ . \ l-" .. ./~;< . /../, '/'1" ,r.,/'j/ / ! ,/, . / ;;t>:~ : "~ ~ . .... J " f/ / / ( .. . * ... --4 --4 --4 <.0 <0 <0 <0 <0 <0 ......; 0') (Jl . --4 <0 <0 ~ ~ o all ~D) -<-, ~3 ~ S. ~cc 3.-+ ~O ~. ::J o :J 1a 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 - --- -. ..- -..--------~-- -----1 ---- .--- -----l.-.J ] --- ---- -- - -- u LJ I I D u o J D CU o o 4TH ST GDO r-..> - U'1 o ] ] o 0 OD DO c=J o > D oDd) U'1 o o "T1 (1) ~ c=J D U 0 nl n 0 :E : ~.z '" o o 0 Q [ qC( 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, '7 / /(/ -/III f~~/ 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. ~.. .R..~ A' r--ra ;."", . r il 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. - R.' "A" -- ':- .. .;. 1 . U: /or j 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 ~:~~\ ::'~ '~.-..J 0 ~ 1,\,. ,ill j 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. '.'!P:il-,_,..~ , "j~ -.atfIII ! ~\ , ....a 6Htl.I \ ',,", /~.l 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 -~. ~~ ~ ~-~ \!:f!I' '-\ -~ ~~ . "',iwi- - 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 ',1 .....,"':11 "" ,4~" 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 ..".. 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, .......-... /--------- ...--~ / ./ - //' //~~-;://~;/'/ --9av1aC~~ ~-~~ Community Development Director q~ 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---- a 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 ,oC",I -#,,//___ SIG~ATURE ",,\ ""_ - r ,-'-~ \.- I'} ;\'<';'~ 1_" r::jl;X~& - 5~ it R~>7J/l-<- ~ tt-{ A.-J L Df. G tJ 2-GtJ !' QJ\Ifi4~ . \~{AttWi~l ,{ L' !;fJA_'; ! ~ -<J \., _ V"'-'I...... .c i \ ( I W,,:I//-/ >:::7 7., M ~ . ~llclvJ It l:!lRSS':f d.> if\ Ilrl V~S 6-;~DCIZFF 1f),v,J Jk5~ -~ / ' - "/'1 " //://..' " Y_,-:f...-;.', .- J JtJ~ 1!lB5Jr"m:o UVj J<<-IJ. (; 01f'l'od(;[l~ 1Y'1'3t... e'vJ,-")(,AtrJo w-'J1 I~'~j) .'~ ',,' Oi'odo vJavY e<~GM,~r,'" '. . //~ , , . I I ! jJkXitJl~LU 7bP j} s ltPc:&f- (-.' , 1\, - '-'I ,~-r---, -J ' .(.. i (~ I -.J I :_ " I 5/19 / ss-ih- :ij. j 5>?J IPr:;: / rs-r! STlA{ I Y'f>.3 Y4:) [J,~.l-L. I U'Lf"')'/ ,,-, "', f. ., /A.j . l> i.. '":.~ ~l.,...rt/_."'; J..' L/t..:l ( 18'~ ~O~~ WAy ~3-73~2- /<51If ttdot-~ u~ Sf')l? (); /8S'1l1 Sf) ..-'" '--' / ~/1/f? /1 , .. Y"/ C"'V -~~. .:'..4!/?~;:z!~ /1 I ' \2- ) ((:..;; -",/~ ~ /, // -..... - . ._""' , -;721 .~ ;J~ c2l.1 'J1 ' (~/i1f i''!;'-J' .-/' ~ ..-. , '/J '- . j , ,W:/ '.I,::,J,..4~ 11Iu/I,({{lI11J24fU,lo?,- . \~:--. ~ ."', ; 'I' ':~ ,-: -~~>1'~\_,:2:'\ ,,- ' . .. .' . '\ - . , ,~,,~. '-:', -- ~_. .~ 4 <: ,I ;.' _.~ ,r-". " /,/ .-~-' -. :.' . .. . . -. ". , .~ '. " . '::."5/::~~i:~;'{~~~y'.-~.'.'{' ~ ~......:. ..:. . ..' . < ~une. 2i;')996>,:.-,<',:-' '.' .:~ ..~ ,.' . - ." :..- ":;. !.. .: 1" '. :- . '- . .,' . ,-' .'-' .--,..... ". '. . . . 1'.- . .. .. -.. -. ,'.. . .' - ". '~". . ..- ~./:.~:-.;.:..._._. '.- .'. :.r. . . . J - , Mr~ Jack BenediCt"': ,'.- ~. Evergreen Investments. ': 1830Q Pilot Knob Rd. . Farmington, MN 55924 . . RE:' Dakota GountY' Estat~s ~th Addftion Drainage Swales . . . '. :". : : '- "." .' ::: ~-.- - .- ..., . . . . -, .' . :.... :. ~ . . , ..... : '. '. :.' . .. .. . .... D~ar MI:~.Ben~.ict,",'.: '~'.. :..... . . . . ~..:...:...~.~:~.-:::~:..:..::..:.:. ~- .,. . -.:.' . 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 ~ . _ ." . " . . . .' :. ~'.' ...-:....-:.~. :~:;..>.~."-_:..'..~:.. '.:.". . '. ';.:' .. -~. . ...-- ,." ..' ,: .: > ", :..; ~, .':~ .' . .-." > ...... . . ~ . 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.. . . . . - -.' ".' . ,-'.... . .' . .. - ~ .' . '. . . .. . ~ .:: -. ..: - :'.~' ..' if you'h~v'e ~~y':que~~i6~' pi~~~c~ilrne at 463-71 i L -'. ...... . ....~. ":' ..~:.. -..;.."' ...~....... ...... .~:.' .. -. '...:. '.~'. .~. . n .~ ..,....-Sinc.e~e.iy,..;:..:.<..:.-::::>.......:.: .-....:-:-- ". ..... '. :-. ~ :~'~7-' ~,/?:>:::~::;i.P)J;):>:-'1...."'~' <:". . -... '.' _. . ',' '. 1Ja~ !-</1~~"'" . . '.. {I ."'1;/ .;..... .;...... .. ~ . . '-~:..< Th~inas J..-K~ldrl~k(~E~:' :~: .... .... . :..' :>.~..-'.C.i'tY '~ng!p~eri~b~}c ~qrkS Direc~qr.. . ,. ," .~. '.~ '." " .. .< : :':\~ : ':~~~ij<~\~~'f:r!F?': '<:: ;':. '.". . .::: ":: ..' '.' .:: '.' .',.;'.:\-: ..: .....; ,'..:. - - .. :- <p": ':. Jea~Y~~; Mid~~y ~ational Ba*.: . . . . . '.. .'.,; JOM F. Erat, City' Administrator' .. . -" - -." -. . .;." . . Cihj' ~ F~fM' 325 O~ s~ · f~~ ~K 55024 · (612) 463:111l ff< \Jl: - . ". . .. . .. ::.,.. ~ '. // ~ .. ..' ...... .- . . ..., ... . " ,. . .:~I .5~':.: ..... : '..": "'.. .. .'" -: .. .. .. '. .:; :... ":''' ..:<~:" .. ~.'l .... -.- :: ',.~ :.:.: ~- 0" .. .. . ."~" ~.;., -...:......~'.: .. .. .. ..' ~ ,'. '. .~.~.;;~'r ':~": ", ,. -' ' . . ~ ..' - ... .. .. ....=.~...~:._:.__::;::;1::~.~~~-.;.. .::;. .~.._:.._.~... '. r.:~ ::"._:::' ._._.. .. "~'." ... .... .- ." . . ~,':'/~~::'j.~".. ..:;~.::- . .......:...~.. -:.: :<\ .: .; . . '.~' '.. ...... . .." ," ....: -: .: ."";~'.~..: .: .."\,: ....: :"':0:.' ~... .~ - ..." ...... . '_~'.~' - .:: :.:." .. ..'.~ .\:rack; Benedict':':~':".'~' . . ". '~'. ., : .... .~vergreen .:;rnve.striu!nts ;'..:..'" '.;::'~'.18~OO . Pilot. KnoD Road .:.< ,..::.:.--.... :" . ".: 'Farmingto'n'", ~..~',. .- 55024:. ". .. ". .... .... "'" '. .": '..:; .....:.........:... .: '. ..: - . . " 41.i~~'s .f' 8~; :'. '19 9.~': '::'.'-"; ~.:. . " ....-; ':. "..- ...::....:...-:.:-..":. .. ....-".. ... ..' .- ". .~;.. ~ . =-~. '.. . '. ...... . '-, .. ..' ....: . . .:'- , " . .' .. ~.' _. - .I:;'. .-. . ... .;- a." ... . . .... . _...- .. ~ t '. :~ '_ Re: -:...1 Dakot~ County :Est~t'~~ Drainag~. Ditch_~ .:. - o. . ." . ~.t'h. ':Add~ tion .~. :. ... .., - .. -. -. - ....... . .'" .~.'"" --/.~,.-;:.~.-...: .....-:------.-.. . '. .-. ..- ..': _." . -::.... .~, b.ear. J.a<?k,:~"."'/'", '.'.'.: . .... ; ... . J . ,_ _ . . -- ..:----: ...... ...: ," . "~.- .'.:..~"'.. . ....:. ..:- ......-"':-.-.. --...::-- . .. .' . . . '.The ..City ~.~'-s:.recei:veda complaint regarding backyard 'drainage.. .:This .... complaint wa~~ for drainage' in the backyard ~f .5197 185t!l Stree~'.. in~:' ..... 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.;. . =:'-;..::.:; ~~,:~>S;~{~:};~~!-~:~:~,~:/-~.':'::.::.~:?::~{::.~':~::;:"5;'.':~_':':~'__~~:r~i:; '~',-"~, :~'-~>. -< _......:::.\.~ :~.- . . .'. =-...~~::.~. . ~'._ Please:c.orr~c;t:.th~,pro?l~. as..-.~oon '~s'poss~ble./ A'~opY.'.9f"the. ......~.: .:':~approve~ .cjra9iI.l'(ip1~~.~as ~ent__wi~.~~ e~~lier le17t~~~:..,. ., . ,,;.:~.~--.......=....~~::.~.~~...)...<... .:..: ._".:.:..,::.;:...:-.:~-~~...':._~\~ ~~'. ..;.~ :;~_. ~;:..-~.r~~......:~.._ .. .... 1 ::~;:,:".'~'.";._ _...; ... '"~" .~h~nk _y~}~.. f.~:.~ you~.~'~t!::~~.~:~~.,.~\ _ th~~..~~~tter ~~~.' ._,... ::.::-. . "~.' - .~ '. '.. . . - ." ,. .. ..... ! . . " . . " . ". . . .sinc~?=~i.i.; '.... . . ; ,/~){8f4-~: ,.- 7 >: . '.:' Thomas.J ~::'Kaldunsk~ -,' .':. -:.. '-.:._~' <~ -':'. . . . \ : -.. : -.. . ..- ~ . .. .' . ... :. to, ". "'... ...................::.:-.. ;,;_.~ .':-.., ,.. ~ -..... '. 0 . ....~ ~ .~:.. ... ... /' .. . .: :. : .... :.. . .. '. .. .... ~_. . --. . .:. ..... - ..." - . -. .:-:.... .:..":.- , .- :-...... ,. .-.. , ..' ." .0..... ,...-::. ~.'.. ..' . .0 . '.:-'.:'; ::..:-:"." .:.:~~~<>:~ '. :. ~ ,': . ::~.\:;' :::'.:..~"~'..,.,.. .......~::...:...:. ~~.; ~ :.~.~...:;~.;~ '. ...~_.,.. '.,\,~.~~_: .: ..:'.. .. . '\..~ ,- ..:'"0 . , ~:: ......-..- -.. ..... ..... :....... .; ..:~:.~;.~;.~>: ~.;~.' .7.:. \--:. ....."'... .'. .~~ . '. . ~. :.': .~-'- -.-. ........ '. '. . '!.... " , . , -' ~.'" , ... . - . - . . - ... . . ...: . .... -. . .. .. .. . .:/ . - .... ~, --;e ~ .... .... . ~ ...... .'" ... :. . " ........ .. -. " ..-.. ....: .. ...0 " . "." ..".....: ....- .. .: : ;. . .-'" ...~ _.1--: .... .. "": :. .... - . -. '.: ..... ~':' - -.;; ::.~..~.... ;:~-.:-. ... . ..,;.. .-r ... '_ 0.: . . ." .... .." :. -' ~ "'. .. . -.-. - " .... .' .... .. .... ... ..,. . ...... ., "(1a.. .~ Fw ~ . 'faK .~. .~ 325 Oclt Stod. Fll-~!uc. iKK 55024 · (612) 463-7111 '.~ -----=-.::.:::.-=-=-=: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 -------- ./1.... 1M '" U . ~ .,,~ I~ ,,^ rg^LZ:. g~tJ'O