HomeMy WebLinkAbout07.07.97 Council Packet
AGENDA
COUNCIL MEETING
JULY 7, 1997
Meeting will be held in the Conference Room
Dakota County Library - 508 Third Street
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. Minutes - 6/16 (Regular)
b. Ordinance Amendment - Burning Permit Issuance
c. Appointment Recommendation - civil Engineer
d. Appointment Recommendation - Building Inspector
e. Purchase of Truck - Sewer Operations
f. Purchase of Radios - Police Department
g. Solid Waste Landfill Contract
h. Resolution - Plans/Specs/Ad for Bids - Arena Team Rooms
i. Resolution - Plans/Specs/Ad for Bids City Hall Roof
j. Dakota Mini Storage Plat Withdrawal
k. Approve New Members - Fire Department
1. "No Parking" Signs on Westwood Court
m. ICMA Conference Request - Administration
n. Resolution - Grant from Historical Society - HPC Study
o. Resolution - Donation from Middle School Students - Senior Center
p. Purchase of Equipment - Fire Vehicle
q. waive Fee - Chamber Farmers' Market Transient Merchant License
r. Authorize Execution of Sewer Easement to Metropolitan Council
s. ALF Ambulance 1998 Budget
t. Resolution - Amend East Farmington Development Contract
u. Approve Payment of Bills
v. Health Insurance Carrier Change
6. PUBLIC HEARINGS/AWARD OF CONTRACTS
a. Zoning Ordinance Amendment - Overlay Zone
7. PETITIONS, REQUESTS AND COMMUNICATIONS
a. TroyHil1 4th Addition - Preliminary & Final Plat (Supplemental)
b. Dakota County Transportation Plan - Presentation
c. Request Third Party Audit Review
d. Pine Knoll Sanitary Sewer Service - Petition/Assessment Agreement
8. UNFINISHED BUSINESS
a. CSAH 31 Reconstruction Project - Financing Options
b. Commercial/Industrial Parkland Contribution
c. Alley Dustcoating Policy
9 . NEW BUSINESS
a. Curb Breaking Permit Violation - Industrial Park
10. ROUNDTABLE
11. ADJOURN
TO:
Mayor and Councilmembers
FROM:
John F. Erar,
City Administrator
SUBJECT:
Supplemental Agenda Items
DATE:
July 7, 1997
It is requested that the July 7, 1997 agenda be updated in the following manner:
Item 7a - Approve Preliminary and Final Plat of TroyHill 4th Addition
Memo/resolution from Planning Coordinator Smick recommending the approval of the
preliminary plat and authorizing the signing of the final plat of TroyHill 4th
Addition contingent upon the execution of a Developer's Agreement.
Respectfully submitted,
2:~
City Administrator
I
CitlJ. of Farminfj.ton 325 Oak Street · FarminfJ,ton, MN 550211 · (612) 1163.7111 · Fax (612) 1163.2591
FROM:
Mayor. Councilmembers,
Citv Administrator /1
" J
r t! ,I
Lee Smick, / (Jv/
Planning Coordinato~
TO:
SUBJECT:
Troyhill 4th Addition
Preliminary and Final Plat
DATE:
July 7, 1997
INTRODUCTION
Troyhi1l4th Addition is located south of Nelson Hills Farm along 190th Street and west
of Troyhill 2nd and 3rd Additions. The plan proposes 40 single-family lots to be
constructed on a 15.25 acre site.
DISCUSSION
The Troyhill4th Addition Preliminary and Final Plat was reviewed and approved by the
Planning Commission on June 24, 1997. Troyhill 4th Addition consists of 40 single-
family lots and the overall area for the plat consists of 15.25 acres. This project is a
continuation of the PUD filed in 1996 and is the final plat within the PUD. The lot sizes
range from 10,454 to 20,797 square feet and lot widths start at 80 feet.
City staff met with the developer on July 7, 1997 to discuss the completion of 190th
Street from Everest Path to the western property line of Troyhill. When Troyhill 2nd
Addition was completed in 1996, the developer was required to construct 190th Street
from the western terminus of Fair Hills Subdivision to Everest Path to provide a northern
traffic route from the Troyhill area. The remainder of 190th Street to the western
property line of Troyhill was also required to be graded to establish a sub grade and six
inches of topsoil was spread for completion of the roadway in the future. At this time,
City staff determined that the developer incurred a significant cost to connect the western
terminus of the roadway at Fair Hills and the developer should not be burdened with the
completion of 190th Street from Everest Path to the western property line of Troyhill.
At the meeting on July 7, City staff and the developer agreed that the City should
designate 190th Street as a Municipal State Aid (MSA) route and should expend future
funding to complete 1 90th Street from Everest Path to the western property line of
Troyhill. This conclusion was determined because of the obligations previously met by
the developer in the Troyhill 2nd Addition Developer's Agreement. In future
Citl}. of Farminq,ton 325 Oak Street. Farminf/ton, MN 5502~ · (612) ~63.7111 · Fax (612) ~63-2591
developments. City policy will require that all roadways terminate at the property line of
a project. This will alleviate any problems with roadway connections required to be
made offsite from the property developed.
ACTION REQUIRED
Adopt a resolution to approve the preliminary and final plat for Troyhill 4th Addition,
contingent upon approval by the Engineering Department.
Respectfully submitted,
~~r I)
(;;ld-~
\....,.;
Lee Smick, AICP
Planning Coordinator
PRO P 0 SED
RESOLUTION
APPROVING PRELIMINARY PLAT AND AUTHORIZING SIGNING OF FINAL PLAT
- TROYHILL 4TH ADDITION -
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 7th day of July, 1996 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the preliminary plat of TroyHill 4th Addition is now before the Council
for review and approval; and
WHEREAS, a public hearing was held on the 24th day of June, 1997 after notice of
the same was published in the official newspaper of the City and proper notice
sent to the surrounding property owners as per Exhibit A on file; and
WHEREAS, the Planning Commission has recommended favorable action by the Council
with certain conditions after receiving and evaluating comments from various
parties; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be
feasibly served by municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat be approved and
that the requisite signatures be authorized and directed to be affixed to the
final plat with the following stipulations:
1. Receipt of a signed, notarized statement from the preparer that the final plat
is identical to the preliminary plat, as approved.
2. The City and Developer execute a developer's agreement as prepared by the City
of Farmington which shall set forth various conditions and fees.
3. The Developer reimburse the City for all engineering, administrative, legal
and SWCD costs.
4. The Developer agrees to furnish the City two (2) reproducible and two (2)
reduced reproducible copies of the filed plat in accordance with Title 11,
Chapter 3, Section 4 of the City Code.
. I, ~,
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 7th day of July, 1997.
Mayor
Attested to the ____ day of July, 1997.
Clerk/Administrator
SEAL
COUNCIL MINUTES
REGULAR
JUNE 16, 1997
50-
1. The meeting was called to order by Mayor Ristow at 7:00 P.M..
Members Present: Ristow, Cordes, Fitch, Gamer, Strachan.
Members Absent: None.
Also Present: City Administrator Erar, Attorney Grannis.
2. Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3. MOTION by Gamer, second by Cordes to approve the agenda with the addition of
supplemental materials for Item 6a (Accept Bids/Award Contract for EVP System).
APIF, MOTION CARRIED.
4. Citizen Comments
Marilyn Weinhold: Chamber of Commerce - Reminded those present of upcoming
weekend's Founders Festival and thanked the City and staff for
their help in making the celebration a success.
5. Consent Agenda
MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows:
a) Approve minutes - 5/27 - Special, 6/2 - Regular
b) Approve Northern Natural request to construct a pole building on their property.
c) Continue Solid Waste Contract approval until July 7, 1997 meeting.
d) Approve the agreement with South Suburban Medical Clinic for Elm Street Extension
Project assessments.
e) Receive update on 800 Mhz Radio system.
f) Approve transfer of cigarette and 3.2 beer licenses to new owners of Budget Mart.
g) Receive liquor store remodeling project update.
h) Receive pool filtration system replacement update.
i) Adopt RESOLUTION NO. R73-97 approving a gambling premise permit for Eagles Club.
j) Approve radio purchases - Fire Department.
k) Receive Spring Clean Up Day Report.
1) Adopt RESOLUTION NO. R74-97 accepting donation from Dakota Electric - P & R.
m) Adopt RESOLUTION NO. R75-97 accepting donation from 4-H Club - Mobile Meals.
n) Approve Local Performance Aid Certification.
0) Approve Temporary 3.2 Permit - Softball Tournament.
p) Adopt ORDINANCE NO. 097-396 amending Code relating to the development process.
q) Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
6. Award of Contract - Emergency Vehicle Pre-emption Device
City Engineer Mann informed Council that bids had been received for the installation
of the signal device at TH 3 and Ash Street. The low bid was submitted by
Electrical Installation and Maintenance Company in the amount of $8,600.00. MnDOT
and the City would share the cost of the project, with the City's share amounting to
$4,930 to be funded through the Road and Bridge Fund. MOTION by Gamer, second by
Fitch to adopt RESOLUTION NO. R76-97 accepting the bid and awarding the contract for
an emergency vehicle pre-emption traffic device to Electrical Installation and
Maintenance Company. APIF, MOTION CARRIED.
7. Chamber of Commerce Representative - Redesignation
Current representative Member Strachan noted that attending the Chamber Business
meetings was a very valuable experience which was worth the time spent. MOTZON by
Strachan, second by Fitch to nominate Councilmember Gamer as the new representative
and Councilmember Cordes as the alternate. APIF, MOTION CARRIED.
8. Elm Street Extension Plans and Specifications
City Engineer Mann stated that South Suburban Medical Clinic had approved the
assessment agreement for the project and that plans and specifications had been
completed. Councilmember Strachan asked if berming, to shield neighboring homes
from the new street extension, was proposed. Engineer Mann replied that only trees
and landscaping can be required by the City. Mayor Ristow asked whether a citizen
who had concerns regarding screening at an earlier meeting had been notified. The
Engineer replied that he would contact the citizen. Another concern was whether a
stop sign would be placed at the intersection of Oak Street and Highway 3. Engineer
Mann stated that a traffic study would need to be done after the project had been
completed to determine if a stop sign was warranted. MOTION by Gamer, second by
Cordes to adopt RESOLUTZON NO. R77-97 approving the plans and specifications and
authorizing the advertisement for bids for the Project 97-15 - Elm Street Extension.
APZF, MOTION CARRIED.
9. East Farmington Sidewalks
Discussion regarding sidewalks and driveway aprons in East Farmington which had been
installed and did not meet City specifications concluded with the following points
being noted: the 4" thick sidewalks which were installed were adequate if they we:
installed properly; driveway aprons must be concrete and 6 inches thick; the 4 "
walks were not being removed because of inconvenience to homeowners; the contractors
have been informed that 6 inch thick walks and aprons are required by City code.
Questions were raised as to whether the funds being escrowed for future repair would
be adequate if replacement didn't occur for a number of years. It was noted that
the funds would be placed in an interest bearing account. It was also noted that
the funds were not refundable to the developer. MOTION by Fitch, second by Strachan
to approve the agreement with Sienna Corporation for escrow of funds to replace
substandard sidewalks and driveway aprons in East Farmington. APIF, MOTION CARRIED.
10. Alley Dustcoating
Discussion of this topic was brought about by a request from a resident who was
concerned that the change to "No Parking" along Elm Street would increase traffic in
his alley. Councilmembers stated they felt they had given their word to the
resident that his alley would be dustcoated. Staff informed Council that funding
had not been provided in the 1997 budget for alley dustcoating, and that it may set
a precedent for other residents to request alley dustcoating as well. It was the
consensus of Council that staff should prepare a policy defining the circumstances
under which alley dustcoating would be done. MOTION by Gamer, second by Fitch to
dustcoat the alley between Elm and Oak Streets from Division to First Street. APIF,
MOTION CARRIED.
11. County Road 31 Update
City Administrator Erar informed Council that he had met with the County and it war
necessary for Council to begin working on the financing options for the project.
Council needs to sign the agreement with the County so that the County can begin
easement acquisition. Actual construction will not begin until the Spring of 1998.
Administrator Erar also noted that this project was vital to continued growth
because it is the major north/south corridor for the City. He will bring financing
options and information to the July 7th Council meeting. Council requested that a
general public notice is to be placed in the newspaper for two weeks prior to the
meeting so interested citizens are aware of the discussion. It was further
requested that the July meeting be held at the meeting room in the Library.
12. Annual Financial Statement
Finance Director Roland presented the results of the 1996 City audit. She noted
that several changes had been made which provided for more internal control of
funds. She explained various aspects of the report and the City's auditing firm's
comments. Councilmember Strachan congratulated Director Roland and her staff for
the excellent job done on both the audit and Finance Department policy changes.
13. Roundtable
Councilmember Strachan: At the Chamber Business meeting, discussion had taken place
on establishing a graffiti ordinance which would make
property owners responsible for its removal.
Councilmember Cordes: Had received a call from a resident regarding noise from a
neighbors pool filtration system. Member Cordes asked
whether the City had a noise ordinance. Staff will check into the situation.
Councilmember Fitch: Had met with Chamber representatives regarding parking issues
and had a mini tour of the Exchange Bank Building.
14. Council took a 5 minute recess at 8:03 P.M. prior to adjourning into Executive
Session.
Respectfully submitted,
Mary Hanson
Clerk/Typist
Sb
TO: Mayor, Councilmembers, City
Administrator P:-
FROM: Karen Finstuen, Administrative
Service Manager
SUBJECT: Amendment to Open Burning Ordinance
DATE: July 1, 1997
INTRODUCTION
The Open Burning ordinance should be revised by adding Assistant Chiefs to those authorized to
issue permits.
DISCUSSION
Upon the absence of the Fire Marshal and Fire Chief, this amendment will allow the Assistant
Chiefs to inspect and authorize burning permits on behalf of the City.
ACTION ReQUESTED
Adopt the attached amendment to the Open Burning Ordinance.
Respectfully submitted,
a4u- ~~
Karen Finstuen
Administrative Service Manager
cc: Ken Kuchera, Fire Chief
Dave Olson, Community Development Director
CitlJ of FarminiJ.ton 325 Oale Street · FarminfJton, MN 55024 · (612) 463.7117 · Falf (612) 463.2591
PRO P 0 SED
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE
An Ordinance Amending Title 5, Chapter 3 - Fire Prevention Code - Open Burning
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS:
SECTION I: Title 5, Chapter 3, Section 2 - Authority to Issue
Permits - shall be amended by adding (underlined) and deleting (struck) as
follows:
CHAPTER 3
OPEN BURNING
5-3-2: Authority to Issue per.mits: The Fire Marshal, afl& Fire Chief, ~
Assistant Chiefs are hereby authorized to
issue open burning permits on behalf of the City.
SECTION II: After adoption, signing and attestation, this
ordinance shall be published one time in the
official newspaper of the City and shall be in effect on and after the day
following such publication.
Enacted and ordained the 7th day of July, 1997
SEAL
CITY OF FARMINGTON
Mayor
ATTEST:
City Administrator
Approved as to form the
day of July, 1997.
City Attorney
Published in the Farmington Independent the _____ day of July, 1997.
5L
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation -
Civil Engineer
DATE:
July 7, 1997
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Civil Engineer to fill an existing
vacancy in the Public Works Department, Engineering Division has been completed.
DISCUSSION
After a thorough review of applicants for this position by the Public Works Department and Personnel
Office, an offer of employment has been made to Mr. Gerald Auge, subject to ratification by the City
Council.
Mr. Auge has been working as a Staff Engineer for HRG Consulting Engineers since June 1995. Prior to
that position, Mr. Auge worked for the City of Roseville as an Engineering Aide beginning in 1992. Mr.
Auge has significant experience in project tracking and completion, road construction, utilities, working
with contractors, and overseeing private and public development project management.
Mr. Auge has a Bachelor's of Science Degree in Civil Engineering/Transportation from the University of
Minnesota, and has acquired his Engineer-in-Training Certification from the State of Minnesota.
BUDGET IMP ACT
Funding for this position is authorized in the 1997 Budget.
RECOMMENDATION
Approve the appointment of Mr. Gerald Auge as a full-time Civil Engineer effective August 4, 1997.
Respectfully Junitted,
!ff~~
ohn F. Erar
City Administrator
CitlJ. of FarminfJ.ton 325 Oak Street. Farmint}tonl MN 55024 · (612) 463.7111 · Fax (612) 463.2591
Sd
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation -
Building Inspector
DATE:
July 7, 1997
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Building Inspector in the
Community Development Department has been completed.
DISCUSSION
After a thorough review of applicants for this position by the Community Development Department and
Personnel Office, an offer of employment has been made to Ms. Faith Druckrey, subject to ratification by
the City Council.
Ms. Druckrey has been working in the capacity of a part~time Building Inspector for the City for the past
two years. Ms. Druckrey has recently completed the Building Inspection program at Inver Hill
Community College and received an Associate Applied Science Degree. Ms. Druckrey is also a Certified
Building Official with the State of Minnesota.
Faith's performance with the City during that time has been commendable, being fully qualified and
capable to serve as a full-time Building Inspector.
BUDGET IMP ACT
Funding for this position is authorized in the 1997 Budget.
RECOMMENDATION
Approve the appointment of Ms. Faith Druckrey as a full-time Building Inspector effective July 14, 1997.
/t;Respecil~tted,
ohn F. Erar
City Administrator
CitlJ. of FarminfJton 325 Oak Street. FarminfJton, MN 550211 · (612) 1163-7111 · FaJr (612) 1163-2591
5e
FROM:
Mayor, Counc~mbers, City
Administrator7~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
TO:
SUBJECT:
Purchase of 4x4 pickup for Sewer
Operations
DATE:
July 7, 1997
INTRODUCTION
Sewer Operations is in need of a new 4x4 pickup truck as approved in the 1997 Budget.
DISCUSSION
Jerry Bauer, the Street/Utility Supervisor has solicited three different quotes for the purchase of
the new vehicle. Those quotes are attached to this memo. The low quote is from Apple Valley
Ford.
BUDGET IMPACT
The 1997 Budget includes $22,000 for the purchase of the described truck. The cost of the new
truck with tax, title, license and accessories will be $22,000.84.
ACTION REQUIRED:
As this item was budgeted and approved by Council in the 1997 Budget, this memo IS for
informational purposes only.
Respectfully submitted,
'd.- m ~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
CitlJ. of Farminf/,ton 325 Oak Street. FarminiJton, MN 5502~ · (612) ~63.7111 · Fa/( (612) ~63.2591
5f
FROM:
Mayor, Councilmembers ~
and City Administratorr -
Daniel M. Siebenaler
Chief of Police
TO:
SUBJECT:
Radio Purchase
DATE:
July 7, 1997
INTRODUCTION
The 1997 Budget includes the purchase of 3 radios for the police
department. Staff is prepared to complete that purchase.
DISCUSSION
Staff has obtained quotes for the purchase of 3 Bendix-King radios.
The low price comes from the State of Minnesota purchasing contract
through Communications Center. These radios are compatible with
existing radio equipment which will allow for ease of maintenance.
BUDGET CONSIDERATIONS
The purchase and funding of these three radios is authorized in the
1997 Budget in the amount of $2237.
ACTION REQUESTED
Direct the purchase of 3 Bendix-King radios for the police
department.
Respectfully submitted,
c.:.\. ~~:t,...J
Daniel M. Siebena er ~
Chief of Police
DMS/m
CitlJ. of FarminiJ.ton 325 Oale Street · FarmintJton, MN 55024 · (612) 463.7117 · Fax (612) 463.2591
FROM:
Mayor, Councilme~
City Administrator7' ~
James Bell, Parks and
Recreation Director
53
TO:
SUBJECT:
Renewal of Landfill Contract
DATE:
July 7, 1997
INTRODUCTION
Staff has been reviewing the renewal of the contract with Kraemer Landfill in comparison with the
Newport Processing Facility to dispose of the City's solid waste.
DISCUSSION
The County has mandated that all City generated waste be delivered to the Newport Processing
Facility, Staff has been delivering waste generated by city facilities to the Newport site as per
County mandate, however, all other waste has been directed to the Kraemer site. This has been
done to save the City higher landfill costs, The cost for disposal at the Newport site is
considerably higher than those at Kraemer Landfill. The cost per ton at Kraemer Landfill is
$20.67 / ton cheaper than at the Newport Processing Facility, To offset this cost difference and to
encourage haulers to go to the Newport site, the County is offering a $12 / ton rebate. Even with
this rebate, the cost per year for dumping at the Newport site would be $33,813 more than the
Kraemer site,
The City Attorney has indicated that the City can continue delivering only City facility generated
waste to the Newport site and continue hauling all other waste to the Kraemer site. Future
pollution problems at the Kraemer site were addressed with the City's Insurance Carrier. Dave
Filas of the League Insurance Trust indicated that the City policy has an absolute pollution
exclusion as do all cities. However the City does have some coverage under errors and omissions,
He also mentioned the coverage under the "superfund", The Kraemer Landfill, however, is a
MPCA approved "superior" disposal facility,
BUDGET IMPACT
The landfill costs at the Kraemer site for this past year was $23,91 / ton plus various fees for a
total of 52.65 / ton. The new contract calls for an increase to $28.00 / ton plus various fees to a
new cost of$56.9l / ton. The increase means an additional fee of$16,965 yearly for landfill costs,
which may necessitate increased refuse rates to offset these additional costs, Any proposed rate
increase will be presented to Council under separate cover. The Newport facility would cost the
City an additional $33,813 yearly over the proposed Kraemer landfill costs,
Citl}. of FarminfJ.ton 325 Oak Street. Farminf/,ton, MN 55024 · (612) 463-7111 · FaJf (612) 463-2591
RECOMMENDA TION
Approve the contract with the Kraemer Landfill to dispose of the City solid waste at the rate of
$56,91/ ton. Also approve the contract to dispose of the City facility generated solid waste at the
Newport Processing Facility and request the $12 / ton rebate from the County.
Respectfully submitted,
,J___
9Q
James Bell
Parks and Recreation Director
5h
FROM:
Mayor, Councilme~
City Administrat07t1~
James Bell, Parks and
Recreation Director
TO:
SUBJECT:
Adopt Resolution to Authorize
Preparation of Plans and Specifications
Advertisement of Bids for the Arena
Team rooms
DATE:
July 7, 1997
INTRODUCTION
Authorize preparation of plans and specifications and authorize the advertisement for bids for the Ice
Arena Team Rooms.
DISCUSSION
This project is at the stage where the preparation of plans, specifications and advertisement for bids for
the Ice Arena Team Room Project is appropriate.
The advertisement will include two design options. One will have two team rooms only and the other will
include a referees / coaches room. Attached are the engineers sketches of the team room design.
BUDGET IMPACT
The funds for this project are budgeted in the 1997 Capital Improvement Budget and the Mighty Ducks
Grant. The estimated cost of this project is $172,774, which includes all engineering, legal and
contingency fees.
ACTION REQUESTED
Adopt a resolution ordering plans, specifications and advertisement for bids to add team rooms to the Ice
Arena.
Respectfully submitted,
,J~ - -I ~0l.Q
James Bell
Parks and Recreation Director
CitlJ of FarminiJ.ton 325 Oak Street · Farmington, MN 55024 · (612) 463.7111 · FaJf (612) 463.2591
Item
1. Survey
2. Geo Tech Survey
3. General Condition
4. Site
5. Concrete Floor
6. Masonary Walls
7. Steel
8. Wood 1 Plastic
9. Thermo Moisture Protection
10. Doors 1 Windows
11. Finishes
12. Specials
13. Mechanical
14. Electrical
15% Engineering
1 0% Contingency
Total
Alternate A Coaches Room
Total with Alternate A
* Consultant Estimates
6/30/97
Sheet1
Team Room Addition Activitv Schedule
Cost
$1,200
$1.400
$2,600
$8,970
2,860
$7,935
$25,625
$5,175
$5,000
$11,560
$3,710
$16,335
$5,211
$25,800
$5.600
$123,781 *
$18.567
$142,348
14234
$156,582
$16,192 *
$172,774
Fundina Source
PIF
PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF/Donation
Mighty Ducks/PIF
Mighty Ducks/PIF
Mighty Ducks/PIF
Page 1
Status
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Appr.
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PRO P 0 SED
RESOLUTION
ORDER PREPARATION OF PLANS AND SPECIFICATIONS
AUTHORIZE ADVERTISEMENT FOR BIDS
- ARENA TEAM ROOMS -
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Farmington, Minnesota, was held in the Civic Center of said City on
the 7th day of July, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to Resolution No. R74-96, the City accepted a Minnesota
"Mighty Ducks" grant and authorized the use of matching funds from the City'S
Parks Improvement fund to construct team rooms for the Farmington Ice Arena; and
WHEREAS, the engineering firm of Bonestroo, Rosene and Anderlik has proposed to
prepare plans and specifications for the construction.
NOW, THEREFORE, BE IT RESOLVED that the firm of Bonestroo, Rosene and Anderlik
are hereby authorized to prepare plans and specifications for the construction of
a team room addition to the Farmington Ice Arena.
BE IT FURTHER RESOLVED that Bonestroo, Rosene and Anderlik are authorized to
advertise for bids for construction of said project.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 7th day of July, 1997.
Mayor
Attested to the _____ day of July, 1997.
City Administrator
SEAL
5
.
\
FROM:
Mayor, Councilmembers
City Administrator ifl-
James Bell, Parks and
Recreation Director
TO:
SUBJECT:
Adopt Resolution to Approve the Plans
and Specifications and to Authorize the
Advertisement for Bids for the City
Hall Roof.
DATE:
July 7, 1997
INTRODUCTION
Council approval of the plans and specifications and advertisement for bids for the 1997 budgeted City
Hall Roof,
DISCUSSION
Staff has prepared the plans and specifications for the replacement of the roof on the southeastern portion
of City Hall. The southeastern portion of the roof is leaking and in need of repairs, The southwestern
section of the building has been reroofed and the maintenance plan for the building is to do the building in
stages. The southeastern section repairs are slated for this year. With these repairs, the City Hall roof
maintenance plan is completed. The portion of the building over Engineering and Planning is leak free at
this time. Staff estimates that it is maintenance free for five more years.
The contractor will remove the existing roof down to the current insulation and then add additional
insulation to bring it up to code. Rubber roofing and new metal flashing will then be added.
BUDGET IMPACT
The 1997 budget includes $30,000 for this expenditure.
RECOMMENDATION
Adopt a resolution approving the plans and specifications and advertisement of bids for the City Hall roof.
Respectfully submitted,
,J~ ~1 c":6~
James Bell
Parks and Recreation Director
CitlJ. of FarminlJton 325 Oak Street. FarmintJton, MAl 55021., · (612) 1.,63-7111 · Fait (612) 1.,63-2591
PRO P 0 SED
RESOLUTION
APPROVE PLANS AND SPECIFICATIONS
AUTHORIZE ADVERTISEMENT FOR BIDS
- 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 7th day of July, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the 1997 Budget authorized the expenditure of up to $30,000 for the
repair/replacement of the City Hall roof; and
WHEREAS, staff has prepared plans and specifications and an advertisement for
bids for making such improvement and such plans and specifications are now before
the Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications are hereby
approved and staff is authorized to insert an advertisement for bids for making
such improvement in the Farmington Independent, Dakota County Tribune and
Construction Bulletin stating the date, time and place where bids will be
received and opened.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 7th day of July, 1997.
Mayor
Attested to the _____ day of July, 1997.
City Administrator
SEAL
TO:
Mayor, Councilme~
City Administrator7":, J
Lee Smick, .J;.f)
Planning Coordinator
FROM:
SUBJECT:
Dakota Mini-Storage
Plat Withdrawal
DATE:
July 7, 1997
INTRODUCTION
The owner for the proposed Dakota Mini-Storage project, has withdrawn his proposal for
a mini-storage facility within Phase III of the Farmington Industrial Park.
DISCUSSION
Mark Peltier, owner for the proposed Dakota Mini-Storage has recently contacted the
City to withdraw his proposal for a mini-storage facility located along Highway 50 and
east of the FEI building within Phase III of the Farmington Industrial Park. The attached
letter explains that the owner has cited that the intended project is economically
unfeasible after consultation with his attorneys and accountants.
This location will eventually be controlled by Overlay Zone #1 when the ordinance is
approved by the City Council. After approval ofthe proposed ordinance, a mini-storage
use will not be allowed to be constructed on this site or within Overlay Zone #1.
ACTION REQUIRED
No action required. Information only.
Respectfully submitted,
or:: ~
Lee Smick
Planning Coordinator
S'
J
CitlJ. of FarminlJ.ton 325 Oak Street. FarmintJton, MN 55024 · (612) 463.7117 · Fa/( (612) 463.2591
PelUer Properties Inc.
5437 212th Street West
Farmington. Mn, 55024
Phone 612-460-2000
Fax 612-463-2515
June 16, 1997
Ms. Lee Smick
Planning Coordinator
City of Fannington
325 Oak Street
Farmington, MN 55024
Dear Lee.
After much thought and consulting from our attorneys and accountants we have decided to end our efforts to
develop a mini storage facility in Farmington. We greatlJ' appreciate your efforts in this project, but it has become
apparent that it will not be economically feasible to continue.
Please accept this letter as notice that we "ithdraw our proposal from the City. If anything else is needed, please
call me at 460-2000.
Yours truly,
/1eu1r?~
Mark Peltier
President
MP:pe
cc: John Erar
5k
FROM:
Mayor, Councilmembers,
City Administrator~
Ken Kuchera, Fire Chief
TO:
SUBJECT:
Approve New Firefighters
DATE:
July 7, 1997
INTRODUCTION
Fire Department by-laws require Council approval of new members of the
Department.
DISCUSSION
The Fire Department membership committee has completed the process of selecting
new members for the Department. Candidates completed an interview, written
evaluation and physical agility evaluation. Four candidates are recommended to
be appointed. They are: Michael Wise, Steve Lerbakken, Mark Jacobson and Chad
Rogie.
With the inclusion of these four new members, the Fire Department will be at its
full allowable complement. If approved, the new members will begin attending
meetings on July 14, 1997.
ACTION RECOMMENDED
Approve appointment of four new members to the Fire Department.
Ken Kuchera
Fire Chief
FD3
CitlJ of FarminfJton 325 Oak Street. FarminfJton, MN 55021, · (612) 1,63.7111 · FaJr (612) 1,63.2591
5/
FROM:
Mayor, Councilmembers ~
and City Administrato~V-~'
Daniel Siebenaler, Chief of Police
TO:
SUBJECT:
No Parking Sign Request
DATE:
July 7, 1997
INTRODUCTION
Staff has received a petition from the residents of Westwood Court
for the placement of signs prohibiting parking in the Court during
school hours.
DISCUSSION
During the 1996-97, school year the School District instituted a
permit system for parking at Farmington High School. As a result
of that requirement a number of student have attempted to
circumvent the process by parking off campus. Off campus parking
by students occurs in the neighborhood surrounding the school.
Westwood Court is the only one of the three cul de sacs in the area
that has an open area directly abutting the school property. The
police department has received a number of complaints regarding
obstructed driveways and mailboxes over the course of the past 9
months.
The residents of the area have unanimously requested the
installation of signs indicating No Parking During School Hours.
They have been informed that the signs will be enforced universally
without preferential treatment for residents. The residents
subsequently reaffirmed their desire to have the signs posted.
BUDGET CONSIDERATION
The cost of each No Parking is approximately $40. The five signs
required for Westwood will cost $200.
ACTION REQUESTED
Order the installation of 5 No Parking During School Hours signs in
Westwood Court.
Respectfully submitted,
'-'- )~~~
Daniel M. Siebenaler .
Chief of Police
DMS/m
CitlJ. of FarminiJ.ton 325 Oak Street · FarminiJton, MN 55021,. (612) 1,63.7111 · Fa!t (612) 1,63.2591
h
IN\
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: lCMA Conference Attendance
DATE: July 7, 1997
INTRODUCTION
Attendance at the annual city management conference scheduled to be held on Saturday,
September 13, 1997 through W eclnesday, September 17, 1997 in Vancouver, Canada is being
planned.
DISCUSSION
As a professional administrator and member of the International City Management Association
(lCMA), I am required to maintain at least 40 hours per year in continuing professional
education in order to keep abreast of changing local. government management dynamics in the
profession. This conference will provide a variety of professional development opportunities and
dialogue on changes within local government nationally and regionally on a wide range of
relevant public management issues.
BUDGET IMP ACT
The 1997 Budget provides adequate funding for this purpose. Although this conference is
budgeted for annually, I did not attend the 1996 ICMA Conference due to significant financial
issues that emerged in the 1996 Budget.
ACTION REQUESTED
For information only. The opportunity to attend lCMA conferences on an annual basis for
purposes relating to professional development and certification requirements are authorized,
subject to budgetary considerations, in the administrator's employment agreement.
Respec7~tted'
~.Emr
~~ 1dministrator
CitlJ of FarminfJ.ton 325 Oalc Street · FarminlJton, MN 5502~ · (612) ~6.3.7111 · Fait (612) ~63.2591
REQUEST FORM
SCHOOLS/CONFERENCES/TRAINING
DEPARTMENT _~~1.!!i~i2.t!:~tiQIl DATE OF CONFERENCE__~__l.~_/ _3_-_1_7__
Fl'~om T,~
LOCATION__________y~Q~Qqy~~L_~~Q~d~________________________
EMPLOYEE(S) ATTENDING: l)____~QhQ_~~~~_____________________
2)
3)
TYPE OF CONFERENCE_____~ity_~~Q~~~~~~~_~~Q~~~e~~__________
TOPICS l)___~~~~~~_~~~~q~~~Qt_l~~~~~_______________________
2)___~~~~~~~~~~~~_~~y~l~~~~~_______________________
3)___~~~~~~~~~i~~~h_~~~~q~~~~~_~~~~~~_______________
METHOD OF TRAVEL Air
Amount Provided in Adjusted
19_~I Budget $___lL~QQ___
1) Travel $_____~6~~jl_____
2) Registration $___))~~~~
3) Rc.com $___ 600_00
4) Meals $________________
5) Other Expense $________
Amol..l1..,t Request $___lL~~~___
Amt Remai r.i rIg $___f.L1Q~___
_ (~~~_____ _1{?o!-f2
~~~tment Head D~t~
J1l-~t.L_---- J;l~kJ
Finan~ctor Date
TO MAYOR AND COUNCIL
I RECOMMEND THE ABOVE REQUEST BE APPROVED.
CITY ADMINISTRATOR
Date
ACTION TAKEN BY THE COUNCIL
ON THE ______ DAY OF __________________, 19
(APPROVED)
(NOT APPROVED)
Rev 9/86
5(\
FROM:
Mayor, Coun~bers, City
Administratorr
Karen Finstuen, Administrative
Service Manager
TO:
SUBJECT:
Accepting Federal Grant
DATE:
July 7, 1997
INTRODUCTION
Staffis pleased to inform Council that the City of Farmington has been awarded a $4000 grant to
be used for the development of an historic preservation handbook.
DISCUSSION
This project will, in the most part, be conducted by the Heritage Preservation Commission and
will be completed in 1998. The handbook is intended for use by City Officials, property owners,
developers and contractors as a quick reference guide to the basic concepts of historic
preservation.
BUDGET IMPACT
The $4000 Grant funds will be received upon submittal of the product and financial
documentation in 1998. The Grant will be matched with donated and in-kind services, with a
recipient match of $500 cash required from the City. The $500 match is in the 1997 budget.
ACTION REQUESTED
Adopt a resolution accepting Federal Grant 27-97-12026.010 and authorize signing of the Grant
documents.
Respectfully submitted,
~~
Karen Finstuen
Administrative Service Manager
cc: Heritage Preservation Commission
File
CitlJ. of FarminiJ.ton 325 Oak Street · FarminiJton, MN 55024 · (612) 463-7111 · Fa!f (612) 463-2591
PRO P 0 SED
RESOLUTION
ACCEPT FEDERAL HISTORICAL PRESERVATION GRANT
FOR HERITAGE PRESERVATION COMMISSION HANDBOOK
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 7th day of July, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, the Minnesota Historical Society provides federal funds to support
and promote historical preservation projects; and
WHEREAS, pursuant to Council Resolution R5-97, the Farmington Heritage
Preservation Commission applied for a grant to be used for the preparation of a
historical preservation handbook to be used as a preservation guide for City
officials, property owners, developers and contractors; and
WHEREAS, the City received notification the grant has been approved in the
amount of $4000.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington
hereby accepts the Minnesota Historical Society Federal Grant of $4000.00 to be
used for the preparation of a historical preservation handbook.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 7th day of July, 1997.
Mayor
Attested to the _____ day of July, 1997.
City Administrator
50
TO: Mayor, Councilmembers and
City Administratorr
FROM: Joy Lillejord,
Recreation Program Supervisor
SUBJECT: Adopt Resolution Accepting
Donation
DATE: July 7, 1997
INTRODUCTIONIDISCUSSION
The Fannington Middle School Student Council has donated $750 to the Senior Center. The money
was raised through a three day "Penny War". The total amount raised was $1,500. The other $750
was donated to the Last Hope Organization. Staffwill send a note expressing our appreciation for their
generosity .
ACTIONREOUIRED
Adopt resolution accepting this generous donation from the Fannington Middle School Student
Council.
Respectfully submitted,
~M.Lil\~
Joy M. Lillejord
Recreation Program Supervisor
CitlJ of FarminfJ.ton 325 Oak Street. Farm;ntjton/ MN 55024 · (612) 463-7111 · Fax (612) 463-2591
PRO P 0 SED
RESOLUTION
ACCEPTING DONATION OF $750.00 TO SENIOR CENTER
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Farmington, Minnesota, was held in the Civic Center of said City
on the 7th day of July, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the Farmington Middle School Student Council has donated $750.00 to
the Farmington Senior Center to be used as designated by the Senior Center
Advisory Council; 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 $750.00 from the Farmington Middle School Student Council
to be used by the Senior Center as noted above.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 7th day of July, 1997.
Mayor
Attested to the _____ day of July, 1997.
City Administrator
SEAL
FROM:
Mayor, c~~cilmembers, ~ ~
C1ty Adm1n1strato~
Ken Kuchera, Fire Chief
I
I
I
I,
TO:
SUBJECT:
Purchase of Equipment for
New 4x4 Vehicle
DATE:
July 7, 1997
INTRODUCTION
Request approval to purchase various equipment to be installed in new 4x4
vehicle.
DISCUSSION
On April 7th Council approved the purchase of the new 4x4 vehicle from Airlake
Ford Mercury at a cost of $21,398, which was $2,602 below the amount approved in
the 1997 Budget. The existing 1986 GMCunit was retained and use is being
shared with the Police Department. Therefore, the siren, controls, light bar,
speakers and radio were not removed and installed on the new vehicle. The memo
submitted to Council on April 7th referred to the use of the remaining funds
($2,602) for the purchase of the necessary equipment for the new 4x4 vehicle.
Various vendors and service centers are being used to obtain the lowest prices
possible.
BUDGET IMPACT
The remaining balance will be used to purchase the necessary equipment and the
painting, lettering and striping on the new 4x4. The total for equipment and
work comes to $2,677.98 which includes tax and shipping.
ACTION REQUESTED
Approve the purchase of siren, controls, light bar, speakers, radio, lettering,
striping and painting for the new 4x4 grass fire vehicle using the funds
remaining from its purchase.
Respectfully submitted,
-<~"rt c!lJ.J.1A IL-
Ken Kuchera u-./.;' ,
Fire Chief ;~
FD2
CitlJ. of FarminfJton 325 Oak Street. FarminlJton, MN 55024 · (612) 463.7111 · FaJr (612) 463.2591
REQUEST FORM
CAPITAL OUTLAY PURCHASES
DEPARTMENT hil5- DATE OF R~QUEST (p /;lcf /r?
ITEM(Sl'TO BE PURCHASED~(~ Sw.tl-clk'P~,'-:PA-36'O! SrUt.k~ ii:e.-
~ ....1,/1.U-~t:>wwvp C&n /-k(J~,~~-+~rj ~ St~ -.j- Je-~;:J
AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 19J.2.. BUDGET: $ Olc.(,tlBtJ
AMOUNT REMAINING AS OF DATE OF REQUEST: $ :J..(,f):J. (!)S
QUOTATIONS RECEIVED: ~
1. VENDORblAh~. (1Mts, c,oJbuys,~C~J LJIJ;'~TE ~~S"
2. VENDOR j6h""~, C{4.(te'1~(,JlI!~~ DATE &/3/97
AMOUNT $ :lei!) 7.93
-4-dcR +e ,l\. bt:IU e..
AMOUNT $ ((( O. oS'
~ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW
COMMENTS:f:>~ '6 S~ "I-~~ :t,~ W~ :~0'.1$(<t~
~\\~~~ ~.vt 1.0 ~LD ~'d ~ ~_ ~oMk\" ~ol2f~$ ~/?1t6 ~~( ~
~ ~~ S-Alf,~e.~~~ atiJJu.UfU~~~~ · ~~US.]:;J ~J;' IS cN,t .'V
J...cn.. ~w.n~ ~~/"""" f/fl-3eO/ .3~A.~.s( j:.,:f.e:BCVl.: ~ '"B /LA.-~c~:r-, I ~...,-L.._
aRJ fA)~ 1,.J;:tQ ~V~ ~ I()~ ~~ l:>~c.~ I~ I YJ
~~S~p-I~ ~ ~ ~~c.S. 4.g PlZlCI!:S -r1VC!..LuJC:~.SJ..'PPI~
~5fs ~W NtrI-.v,t~~~S;'~ ALL 6l1ol0J<IAi" ~~-~clI...
K~ \(U C. ~/:lrfI97 . ~ .Kf/ad &Idc,--
DEPARTMENT HEAD SIGNA RE DATE FINANCE.DIRECTOR SIGNATURE ~
TO: THE MAYOR AND COUNCIL
I RECOMMEND THE ABOVE REQUEST BE APPROVED.
SIGNATURE OF CITY ADMINISTRATOR
. .
DATE
ACTION TAKEN BY THE COUNCIL ON THE
DAY OF
19_
(A:'PROVED)
(NOT APPROVED)
FILE:
CC:
FROM:
Mayor, Councilmembers, City
Administrato~
Karen Finstuen, Administrative
Service Manager
5~
TO:
SUBJECT: Transient Merchant License-
Chamber of Commerce
DATE: July 7, 1997
INTRODUCTION
The Chamber of Commerce is requesting the City Council waive the fees for a Transient
Merchant License to aid them in establishing a Farmers Market.
DISCUSSION
The Fanners Market will be held in the parking lot of City Center on a weekly basis. The
Chamber of Commerce feels this venture will not only provide a market for local farmers to sell
their produce, but will also bring customers to Farmington to shop.
The Chamber will coordinate the establishment of the market, manage its operation, provide
advertising, and secure insurance coverage.
BUDGET IMPACT
The fee for a Transient Merchant License is $50.00 per quarter. The Chamber is requesting a
license for a period of four months.
ACTION REQUESTED
The license application does not require Council approval. It is recommended that the fee be
waived for the months of July, August, September and October, 1997.
Respectfully submitted,
~~
Karen Finstuen
Administrative Service Manager
cc: Marilyn Weinhold
Citl}. of FarminlJton 325 Oak Street · FarminiJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
FARMINGTON AREA CHAMBER OF COMMERCE
209 Oak Street . Suite 1
Farmington, Minnesota 55024
(612) 460-6444
All
A,
tf' I
TO:
FROM:
PE
Dt\ TE
Farmington City Council
Farmington Area Chamber of Commerce
Transient Merchant Permit
June 27, 1997
The Farmington Area Chamber of Commerce is planning to establish a weekly FARMERS
MARKET in Farmington on Thursdays from July through October. The market will be held at
City Center parking lot along Elm Street.
,.......
The purpose of this project is to bring customers to Farmington to shop, and to provide a
market for local farmers to sell their produce. The Chamber is acting as a coordinating
organization to help establish the market. We will help manage its operation and provide
advertising. Participants will pay a nominal fee to cover expenses.
We believe this will be a great asset to the Farmington business community and to local
resid~nts. We ask that you waive the $50 permit fee for the first year to help establish the
farmers market. We have secured permission from Elm Park Limited to use the City Center
parking lot, and have secured insurance coverage.
rlClllk you for your assistance in helping the Farmington Farmers Market become a reality.
.&;f3~\
FOR A BETTER COMMUNITY SUPPORT YOUR CHAMBER OF COMMERCE
CITY OF FARMINGTON
LICENSE APPLICATION
Fee S50.00/0tr
Res. No.
Date h / ') 7 / en
Title 3, Chapter 18
Peddler
Solicitor
Transient Merchant
x
Term of License: Day
Month
4 months
Year
From
July, 1997
To
November 1, 1997
1. Name of Business
Farminqton Area Chamber of Commerce
2. Address
317 4th Street
3. Type of Business
Farmers Market
4. If Transient Merchant, where will activity be conducted
City Center Parkinq Lot
5. Name of Applicant
Marilyn
(First)
Kay
. (Middle)
Weinholn
(Last)
6. Address
601 Heritaqe Way
(Street)
Farmington MN
(City) (State)
55024
(Zip Code)
7. Date of Birth: Month 11
Day
23
Year 4 6
8. Have you ever been convicted ofa crime? ~ (No) If yes, give details
I authorize the release of all information, Public and Private as defined under Minnesota Data Pratices.
)t . Date 9t/J,I7 /917
Additional Information Required on Reverse Side /
Police Department Endorsement:
(OFFICE USE ONLY)
-:----....
roved '
Disapproved
Police Chief's Signature
~\.~~~:1--~ 7-/-97
This application was:
Approved Disapproved by the City Clerk on the
day of
19_,
Signature of City Clerk
5r
TO: Mayor, Councilmembers, and City
Administrato~
FROM: Karen Finstuen,
Administrative Service Manager
SUBJECT: Metropolitan Council Interceptor Easement
DATE: July 7, 1997
INTRODUCTION
The Metropolitan Council notified us that a portion of the sanitary sewer interceptor easement
located on City of Farmington parkland has not been recorded.
DISCUSSION
This section of the easement for the sanitary sewer interceptor has been designated on city maps
as existing. This action is to provide the Metropolitan Council the necessary paper work for
recording the easement.
BUDGET IMPACT
None
ACTION REQUESTED
Authorize execution of the Sanitary Sewer Interceptor easement within City parkland.
Respectfully submitted,
cHtu- ~~
Karen Finstuen
Administrative Service Manager
cc: Easement File
CitIJ of FarminiJ.ton 325 Oak Street. Farmintjton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
Jur'1 2~ ' 9"7
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S5
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: 1998 ALF Budget Adoption
DATE: July 7, 1997
INTRODUCTION
The 1998 ALF budget is attached for Council review and adoption. The Joint Powers Board
reviewed and adopted this budget on June 24, 1997.
DISCUSSION
ALF Ambulance Director Kevin Raun has attached a cover letter highlighting significant
financial and operational information contained within the 1998 ALF Budget. Of particular
significance is the per capita subsidy which is proposed to remain at $.50 cents for 1998. This is
the second year in a row that the per capita subsidy will remain at this same level while
operational fund balances continue to grow at a modest, but comfortable rate.
ALF ambulance operations continue to meet the public safety needs of the tri-city area and
surrounding townships in a very cost-effective manner. As Director Raun suggests, the exact
date for an additional third power shift in 1997 will continue to be reviewed by the Joint Powers
Board, and will be based on call volume growth and area service needs.
BUDGET IMPACT
The City's proposed 1998 contribution of$5,348 to ALF will be included in the City's 1998
proposed City Budget. This is an increase of almost $500 over the 1997 subsidy due primarily to
an increase in the City's estimated service population.
ACTION REQUESTED
Receive and adopt the 1998 ALF Budget as presented.
Respectfully submitted,
tU{~~~
lo~vF. Erar
! City Administrator
CitlJ. of FarminiJ.ton 325 Oak Street · Farmintjton, MN 55024 · (612) 463.7111 · FaJr (612) 463.2591
5t
FROM:
Mayor, councilme.~,..
City Administratorr ,,(,..-.,\
Lee Smick, ~
Planning Coordinator .
TO:
SUBJECT:
East Farmington 3rd
Addition Developer's
Agreement Amendment
DATE:
July 7, 1997
INTRODUCTION
An amendment to the East Farmington Developer's Agreement has been requested by the
developer of the project to delete the exhibited construction and drainage easements within the
East Farmington.
DISCUSSION
The developer for East Farmington has requested to delete the construction and drainage
easements shown on the attached information. The intent of these easements was to provide
trail, drainage and construction easements in parts of the then unplatted East Farmington
property. Due to subsequent plattings within this location, the need for these easement has
become obsolete. The easements also cross newly platted single family lots and would make
these lots unbuildable if the easements are not removed.
The developer has been in contact with City Staff and Dave Grannis, City Attorney, and Mr.
Grannis has recommended that the developer delete the easements by amending the Developers
Agreement for East Farmington.
ACTION REQUIRED
Adopt a resolution to approve the amendment to the East Farmington Developer's Agreement
deleting the exhibited construction and drainage easements and contingent on the signing of the
Developer's Agreement.
. Respectfully submitted,
/ (""' n
/:\/'-e( d1~
<,./
Lee Smick
Planning Coordinator
Citl}. of FarminiJ.ton 325 Oak Street. FarmintJton, MN 55024 · (612) 463.7111 · FaJ( (612) 463.2591
PRO P 0 SED
RESOLUTION
APPROVING AMENDMENT #4 TO DEVELOPMENT CONTRACT FOR EAST FARMINGTON ADDITION
- PARAGRAPH 23 (EXHIBIT C) EASEMENTS
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 7th day of July, 1997 at 7:00 P.M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City of Farmington entered into a Development Contract for the
preliminary plat of East Farmington Addition dated March 28, 1995 and recorded as
Document No. 1271388; and
WHEREAS, the City has entered into three Amendments to the Contract dated,
respectively, June 5, 1995, July 5, 1995, and September 5, 1995; and
WHEREAS, the City and Developer wish to further amend the Development Contract.
NOW, THEREFORE, BE IT RESOLVED that the Fourth Amendment to Development Contract
for East Farmington Addition is approved and the requisite signatures be
authorized and directed to be affixed to the Fourth Amendment to Development
Contract.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 7th day of July, 1997.
Mayor
day of July, 1997.
Attested to the
City Administrator
ill
CORPORATION
Suite 608.4940 Viking Drive. Minneapolis, Minnesota 55435 .612-835-2808
MEMORANDUM
DATE:
July 2, 1997
TO:
Lee Smick
FROM:
Christine Holmquist
ci~
RE: . Release of Drainage Easements
As part of the East Farmington PUD and the Developers Contract between
the City of Farmington and Sienna Corporation, a number of easements were
created and attached to the Developers Contract as Exhibit C. The intent of those
easements, most of which were designed to be temporary, was to provide trail,
drainage and construction easements in parts of the then unplatted East
Farmington property. Due to subsequent platting and replatting, the need for
many of these easements has become obsolete or in some cases, the easements are
crossing areas which are now or will become single family lots and park areas. It
is this second situation which Dakota County has brought to the attention of the
surveyors and engineers at James R. Hill, Inc. and Sienna Corporation.
As part of the platting process for East Farmington Third Addition, the
Dakota County surveyor reviewed the plat and determined that one of the
easements attached to the original Developers Contract was in fact obstructing
what is to become single family lots and a block park. The Dakota County
Recorder will not allow the plat to be recorded without either removing the
easement from the Developers Contract prior to recording the plat, or vacating the
easement after the plat is recorded.
Based on discussions with City Attorney David Grannis, who has been very
helpful in resolving this issue, it was determined that for the easement which is
effecting lots in East Farmington Third Addition, the most efficient way to delete
the construction and drainage easement which is no longer necessary is to simply
remove it from the Developers Contract by amending the Contract, rather than to
go through the process of recording the plat, only to then have to go through the
Planners . Developers · Contractors
process of vacating the existing easement. If it is determined that other easements
would have a similar impact on future plats, these easements would either be
moved or deleted as part of the plat review process and would not require separate
action by the council.
Based on the recommendation of Mr. Grannis, I drafted a proposed
Amendment to Developers Contract, which he then reviewed and approved, which
Sienna Corporation is requesting the council sign so it can be recorded prior to
recording the plat of East Fannington Third Addition.
Thank you for your continued cooperation on this project.
FOURTH AMENDMENT TO
DEVELOPMENT CONTRACT
THIS FOURTH AMENDMENT TO DEVELOPMENT CONTRACT, is
made and entered into this day of July, 1997, by and between the City of
Fannington, a Minnesota municipal corporation ("City") and Sienna Corporation,
a Minnesota corporation ("Developer").
WHEREAS, City and Developer entered into that certain Development
Contract dated March 28, 1995 and filed for record March 29, 1995 in the office
of the Dakota County Recorder as Document No. 1271388, which Development
Contract was amended by that certain First Amendment to Development contract
dated June 5, 1995, and filed for record July 26, 1995 as Document No. 1290606,
and was further amended by that certain Second Amendment to Development
Contract dated July 5, 1995, and further amendment by that certain Third
Amendment to Development Contract dated September 5, 1995, (collectively
"Contract"); and
WHEREAS, City and Developer desire to further amend the Contract.
NOW, THEREFORE, and in consideration of the mutual covenants
contained herein and other good and valuable consideration, City and Developer
agree to amend the Contract as follows:
1. That portion of Easement 4 (which is attached hereto as Exhibit A) as
described in Exhibit "c" of paragraph 23, entitled "Easements" is no
longer required under the terms of the Development Contract and shall
hereby be deleted from the Development Contract.
Except as modified herein, the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth
Amendment to Development contract as of the day and year first above written.
CITY :
CITY OF FARMINGTON
By:
Gerald Ristow
Its: Mayor
By:
John F. Erar
Its: City Administrator
DEVELOPER:
By:
Rodney . ardy
Its: Vice President
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day
of . 1997, by Gerald Ristow, the Mayor and John F. Erar, the City
Administrator of the City of Farmington, a Minnesota municipal corporation, on
behalf of the municipal corporation.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this .2rtA day
o~ ' 1997, by Rodney D. Hardy the Vice President of Sienna
Corpora on, a MInnesota corporation, on behalf of the corporation.
..&aA&.&.&&~&A~&&&:&.&'&.&~JJla&~~
,~--:,: CHRISTINE L. HOLMQUIST'
.~~. NOTARY PUBLIC - MINNESOTA
.} My eomm, Expires JaR. 31, 2000
.,,~.._~.._~~...JCir~g.~~...f{.t'..rJr~- J,.
t1k~ /). ~
Notary Public
This instrument drafted by:
Sienna Corporation
Suite 608
4940 Viking Drive
Edina, MN 55435
EXlllBIT A
PORTION OF "EASEMENT 4" OF EXlllBIT C OF DEVELOPERS
CONTRACT TO BE RELEASED
A 30.00 foot wide tract of land in that part of the Northeast Quarter of the
Southwest Quarter of Section 32, Township 114, Range 19, Dakota County,
Minnesota, the centerline of said tract being described as follows:
Commencing at the northeast comer of said Northeast Quarter of the
Southwest Quarter; thence North 89 degrees 50 minutes 39 seconds West,
assumed bearing along the north line of said Northeast Quarter of the
Southwest Quarter 1299.25 feet to the point of beginning of the centerline
to be herein descnbed; thence South 0 degrees 09 minutes 21 seconds West
1295.00 feet; said centerline there terminating.
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EASEMENT SKETCH
FOR : SIENNA CORPORATION
(jI) ~~~;;'l~C,
COUNCIL REGISTER
VENDOR
ACTIVITY
03 -JUL-1997 (09: 32)
5lA..
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
------------------------------------------------------------------------------------------------------------------------
,-",
A T & T WIRELESS SERVICES
<*>
ABH PROPERTIES
<*>
AI LABOUN I , CHRISTINE
<*>
AIRTOUCH CELLULAR
<*>
ALAN EDEL OIL SERVICE INC
<*>
ALCORN BEVERAGE CO. INC.
<*>
AMERICAN PAYMENT CENTERS
<*>
ANCOM COMMUNICATIONS INC
<*>
ANDERSON, KRISTA
<*>
APPLE PRINTING & SECRETARIAL
<*>
ASTLEFORD EQUIPMENT CO INC
<*>
AT&T WIRELESS SERVICES
<*>
BELLBOY CORPORATION BAR SUPPLY
<*>
BERGMAN, KAREN
<*>
BFI TIRE RECYCLERS
<*>
BIRMINGHAM LETTERHEAD & RECEIP
<*>
BONESTROO ROSENE ANDERLIK INC
<*>
BRAHAM MONUMENT COMPANY
ENGINEERING SERV
SEWER OPEATIONS
STREET MAINT
WATER UTILITY
SEWER OPEATIONS
SOLID WASTE
STREET MAINT
SWIMMING POOL
BUILDING INSPECT
POLICE ADMIN
RECREATION PROGR
STREET MAINT
LIQUOR
SEWER OPEATIONS
SOLID WASTE
WATER UTILITY
FIRE SERVICES
SWIMMING POOL
ENGINEERING SERV
STREET MAINT
PATROL SERVICES
LIQUOR
GENERAL FUND
SOLID WASTE
GEN ACCOUNTING
1997 IMPROVE
COUNTY ROAD 31
DEVLPR CAP PROJ
EAGLES PROJECT
ENGINEERING SERV
EXCHNG BANK BLDG
IND PK - PH II
LARCH STREET
PRAIRIE WAT PH 3
STATE AID STREET
SWIMMING POOL
WATER UTILITY
ADMINISTRATION
CELLULAR PHONE SERVICE - JUNE
CELLULAR PHONE SERVICE - JUNE
CELLULAR PHONE SERVICE - JUNE
CELLULAR PHONE SERVICE - JUNE
BLDG RENTAL JULY '97
BLDG RENTAL JULY '97
BLDG RENTAL JULY '97
POOL UNIFORM
CELLULAR PHONE - DRUCKERY
CELLULAR PHONE - SIEBENALER
CELLULAR PHONE
OIL FILTERS - RECYCLE
BEER
UTILTIY PYMT BOX SERVICE - JUL
UTILTIY PYMT BOX SERVICE - JUL
UTILTIY PYMT BOX SERVICE - JUL
EQUIPMENT/PARTS PO#6805
POOL UNIFORM
REDUCED MAPS 8-1/2 X 11
PARTS/SUPPLIES
PAGER SERVICE
BAR SUPPLY MERCH FOR RESALE
REFUND FOR SWIMMING LESSONS
TIRE RECYCLING - CLEAN UP DAY
PRE-NUMBERED RECEIPTS PO#6758
CITY PROJECTS - APRIL SERVICES
CITY PROJECTS - APRIL SERVICES
NELSON HILLS 6TH ADDN - APRIL
ENG. FEES - EAGLES CLUB PROJ.
GENERAL - APRIL
ENG. SERVICES - EXCH, BK BLDG
CITY PROJECTS - APRIL SERVICES
CITY PROJECTS - APRIL SERVICES
CITY PROJECTS - APRIL SERVICES
CITY PROJECTS - APRIL SERVICES
POOL FILTER REPLACEMENT ETAL
MARCH-SPRINT ANTENNAS/WTR TWR
TIME CAPSULE MARKER
12.78
30.38
60.76
30.38
134.30*
100.00
1,500.00
290,00
1,890.00*
17,88
17.88*
63.76
125.30
188.51
377,57*
55.00
55,00*
14,980.70
14,980.70*
25,48
25.48
25,48
76.44*
1,812,09
1,812.09*
17.88
17.88*
9,54
9.54*
38.70
38.70*
208,79
208.79*
483,20
483.20*
10.00
10.00*
1,325.00
1,325.00*
134.25
134.25*
2, 312 . 12
403.25
12,198.02
270.00
8,118.86
135.00
103.50
69,00
69.00
414.00
1,170.42
2,067.00
27,330.17*
85.20
OH
OH
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COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09 :32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
--------------------------------------------------------------------------------------------------------------------
Ot!
DAKOTA ELECTRIC ASSOCIATION
<*>
DARFLINGER, ERNEST J.
<*>
DELTA DENTAL PLAN OF MINNESOTA
<*>
DICK MOTZ PLUMBING
<*>
DICK'S SANITATION INC
<*>
DORSEY & WHITNEY LLP
<*>
DOYLE INCORPORATED
<*>
DRUCKREY, FAITH
<*>
DUEBERS DEPT STORE
<*>
DUSTCOATING INC
<*>
ELROY'S SERVICE
<*>
ERAR, JOHN
<*>
FARMINGTON BAKERY INC
<*>
FARMINGTON EMPLOYEE CLUB
<*>
FARMINGTON INDEPENDENT
<*>
FARMINGTON PRINTING INC
<*>
FARMINGTON-SELECT ACCOUNT, CIT
<*>
FEDERAL RESERVE BANK
<*>
FEDERAL WARNING SYSTEMS
<*>
FEED-RITE CONTROLS INC
<*>
FINSTUEN, KAREN
<*>
FIRST NATIONAL BANK OF FARMING
<*>
FLYERS, THE
STREET MAINT
WATER UTILITY
HRA/ECONOMIC DEV
IND PK - PH II
SEVERANCE FUND
GENERAL FUND
SOLID WASTE
EAGLES PROJECT
STREET MAINT
BUILDING INSPECT
SENIOR CITIZEN
Senior Center
STREET MAINT
STREET MAINT
ADMINISTRATION
Senior Center
GENERAL FUND
1997 IMPROVE
ADMINISTRATION
PLANNING/ZONING
SOLID WASTE
WATER UTILITY
BUILDING INSPECT
ENGINEERING SERV
POLICE ADMIN
SENIOR CITIZEN
GENERAL FUND
GENERAL FUND
EMERG MGMT SERV
WATER UTILITY
ADMINISTRATION
GENERAL FUND
PARK IMPROVEMENT
3360 220TH ST W - GARAGE
PILOT KNOB RD - WATER TOWER
LEGAL FEES
FARM, IND. PARK II -MURPHY PYMT
DENTAL PREMIUM - JULY
REFUND FOR PLUMBING PERMITS
CITY OF FARMINGTON
LEGAL SERVICES-TAX INCR.DIST13
PARTS/SUPPLIES
MILEAGE
SUPPLIES
POSTER BOARD
CHLORIDE FOR DUSTCONTROL
PARTS/SUPPLIES
CAR ALLOWANCE - ERAR
PIE
EMPL. CLUB DUES W/H 6/20 P/R
PUBLIC HEARING NOTICE
ORDINANCE 097-394&097-393
NOTICE OF HEARING-ZONING ORD.
CLEAN UP DAY AD
LAWN & YARD AD
BUS.CARDS-MANKE/DRUCKERY/SCHUL
BUSINESS CARDS - LARSON/MANN
RECORD CARDS
SENIOR CENTER NEWSLETTER
W/H FROM 6/20 P/R
SAVINGS BOND W/H 6/20 P/R
ROTATING DC SIREN PO#7110
CONTAINER DEMURRAGE
MILEAGE
STATE WH FROM 6/20 PAYROLL
CONCERT SERIES
76.57
1,571.62
4,587.28*
6,193.23
549,20
6,742.43*
2,586,00
2,586.00*
120,00
120.00*
9,690,17
9,690.17*
1,500.00
1,500,00*
258.72
258,72*
22.94
22.94*
4.07
5.01
9,08*
2,097,20
2,097.20*
83,09
83,09*
200.00
200.00*
5.99
5.99*
82.00
82.00*
94.50
67.50
10.80
125.00
100.00
397.80*
176.79
68,16
20.24
129,40
394.59*
2,011.60
2,011. 60*
50.00
50.00*
13,998.18
13,998,18*
20.00
20.00*
51. 46
51.46*
7,495,90
7,495.90*
225.00
OH
OH
OH
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COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09:32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
<*>
------------------------------------------------------------------------------------------------------------------------
BROCK WHITE COMPANY
<*>
BT OFFICE PRODUCTS INTERNATION
<*>
BUDGET OIL CO
<*>
BURNSVILLE SANITARY COMPANY
<*>
BUSINESS RECORDS CORPORATION
<*>
CAMAS
<*>
CAP AGENCY
<*>
CARLSON TRACTOR & EQUIPMENT CO
<*>
CHAPIN CONSTRUCTION BULLETIN I
<*>
CLAREYS SAFETY EQUIPMENT INC
<*>
CLAY, JOSEPH R CLAY & DANIEL H
<*>
COLLEGE CITY BEVERAGE INC
<*>
CORRIGAN ELECTRIC
<*>
CULLIGAN WATER CONDITIONING
<*>
D & 0 PROPERTIES
<*>
DAKOTA COUNTY ABSTRACT & TITLE
<*>
DAKOTA COUNTY FINANCIAL SERVIC
<*>
DAKOTA COUNTY RECORDER
<*>
DAKOTA COUNTY SOIL AND WATER
<*>
DAKOTA COUNTY TREASURER
<*>
DAKOTA ELECTRIC ASSOCIATION
STREET MAINT
ADMINISTRATION
PATROL SERVICES
Police Forfietur
BUILDING INSPECT
ENGINEERING SERV
FIRE SERVICES
PARK MAINT
PATROL SERVICES
SOLID WASTE
SOLID WASTE
ADMINISTRATION
STREET MAINT
SENIOR CITIZEN
STREET MAINT
1997 IMPROVE
RESERVOIR CONSTR
FIRE SERVICES
CHINESE REST
LIQUOR
SEWER OPEATIONS
POLICE ADMIN
LIQUOR
CHINESE REST
GENERAL FUND
CHINESE REST
PLANNING/ZONING
DEVLPR CAP PROJ
CHINESE REST
EMERG MGMT SERV
FIRE SERVICES
LIQUOR
SEWER OPEATIONS
SIGNAL MAINT
PARTS
NAMEPLATE
SUPPLIES
SUPPLIES
- LEE MANN
PO# 7213
PO#7213
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
MAY DUMPING FEES
SUPPLIES
GRAVEL & SAND
APRIL MEALS
PARTS
CONSTRUCTION BULLETIN ADS
ADS FOR BIDS
UNIFORMS PO#6770
CHINESE RESTAURANT LAND PURCH,
BEER
ELEC. WK @ METRO WASTE STATION
PARTS
LIQUOR STORE RENT - JULY
CHINESE RESTAURANT LAND PURCH.
CHILD SUPPORT W/H 6/20
CHINESE RESTAURANT LAND PURCH.
ABSTRACT CHARGES
URBAN SRVCS-BERGLUND/E.FARM3RD
CHINESE RESTAURANT LAND PURCH.
SIREN - PILOT KNOB ROAD
DENMARK AVE - FIRE STATION
18320 PILOT KNOB ROAD
220TH ST W - LIFT STATION
9TH STREET - STREET LIGHTS
85.20*
707.47
707,47*
247.79
40.24
213.58
501.61*
145.30
34.00
58.25
148.34
269.98
728.87
1,384.74*
14,456.73
14,456.73*
22.55
22.55*
324.00
324.00*
1,816.60
1,816.60*
4,66
4.66*
165.20
196 . 00
361.20*
783,80
783,80*
59,033.62
59,033.62*
13,799,10
13,799,10*
332.98
332.98*
33.02
33,02*
2,958.86
2,958,86*
18,718.00
18,718.00*
45.87
45.87*
19.50
78.00
97.50*
342.00
342.00*
1,787.25
1,787.25*
5.33
376.26
374,18
131.43
2,051.89
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
uH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OR
OH
OH
COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09:32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
------------------------------------------------------------------------------------------------------------------------
ID SERVICES INC
<*>
IKON CAPITAL
<*>
IND. SCHOOL DISTRICT - COMMUNI
<*>
INTOXIMETERS
<*>
IPMA - MINNESOTA CHAPTER
<*>
JG WEAR
<*>
JIRIK SOD FARMS INC
<*>
JOHNSON BROTHERS LIQUOR COMPAN
<*>
KELLY ELECTRIC INC
<*>
KINKO'S INC
<*>
KOCH MATERIALS COMPANY
<*>
KOEPNICK, BRIAN
<*>
KOHLBECK, MELISSA
<*>
KORBA, JERRY
<*>
KUEHN, KEVIN
<*>
KWIK TRIP
<*>
LABOR RELATIONS ASSOCIATES INC
<*>
LAKER SALES COMPANY
<*>
LAKEVILLE SENIOR CENTER
<*>
LAKEVILLE, CITY OF
<*>
LARSON, LENA
<*>
LAW ENFORCEMENT LABOR SERVICES
<*>
RECREATION PROGR
ADMINISTRATION
RECREATION PROGR
PATROL SERVICES
PERSONNEL
Recreation prog
STREET MAINT
TREE MAINTENANCE
WATER UTILITY
LIQUOR
BUILDING MAINT
STREET MAINT
SWIMMING POOL
GEN ACCOUNTING
STREET MAINT
Recreation prog
Senior Center
Recreation prog
FIRE SERVICES
FIRE SERVICES
PARK MAl NT
PATROL SERVICES
SEWER OPEATIONS
SOLID WASTE
STREET MAINT
WATER UTILITY
PERSONNEL
SWIMMING POOL
Senior Center
FIRE SERVICES
PATROL SERVICES
SOLID WASTE
GENERAL FUND
SUPPLIES
MINOLTA RENT - JULY
SUMMER 1997 BROCHURE
MN ALCO-SENSOR III W/ CASE
MEMBERSHIP DUES / IPMA-MN
DEW RUN T-SHIRTS
SOD
SOD
SOD
MERCH RETURN
INSTALL SVC COND, @ SIGN
REPAIR STREET OUTLET
WORK @ FARMINGTON POOL
SUPPLIES
SUPPLIES
SOFTBALL OFFICIAL
SUPPLIES
SOFTBALL OFFICIAL
MILEAGE - A.B.L,E. TRAINING
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
FUEL CHARGES
MAY '97 SERVICES
CANDY FOR RESALE
FOGEY FOLLIES
MAY '97 DISPATCH CHARGES
MAY '97 DISPATCH CHARGES
MILEAGE - JUNE
LAW ENFORCEMENT UN. DUES 6/20
358,81
358,81*
287,89
287.89*
1,708,95
1,708.95*
355.71
355.71*
25.00
25.00*
1,635.00
1,635.00*
29.82
13 .95
32.05
75.82*
8,705.79
8,705,79*
182.58
45.00
323.89
551. 4 7*
249.85
249.85*
270,44
270.44*
272.00
272.00*
76.31
76.31*
68.00
68.00*
9.92
9,92*
13 .60
390,99
189.76
8.68
32.19
633.26
67.66
1,336.14*
814.00
814.00*
1,424.53
1,424.53*
161.14
161.14*
1,459,34
2,918.66
4,378.00*
12.40
12.40*
297.00
297.00*
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
COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09:32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
<*>
---------------------------------------------------------------------------------------------------------------------
FRANKLIN QUEST
<*>
FRITZ COMPANY INC
<*>
FRONTIER COMMUNICATIONS
<*>
FRONTIER COMMUNICATIONS - ACCE
<*>
GERGEN, BRIAN
<*>
GODFREY'S CUSTOM SIGNS
<*>
GOODIN COMPANY
<*>
GOPHER SIGN CO
<*>
GOPHER STATE ONE-CALL INC
<*>
GRANNIS & GRANNIS P.A.
<*>
GREAT MN STATE FIRE SCHOOL, TH
<*>
GREG LARSON SPORTS INC
<*>
GRIGGS COOPER & CO
<*>
HAMMER, ED
<*>
HEMISH, THOMAS
<*>
HOLIDAY INN - ST CLOUD
<*>
HYDRO SUPPLY CO
<*>
ICMA RETIREMENT TRUST-457
<*>
ADMINISTRATION
LIQUOR
ADMINISTRATION
COMM DEVELOP
ICE ARENA
LIQUOR
SEWER OPEATIONS
SOLID WASTE
WATER UTILITY
GEN ACCOUNTING
SWIMMING POOL
BUILDING MAINT
ICE ARENA
LIQUOR
SEWER OPEATIONS
WATER UTILITY
ADMINISTRATION
BUILDING INSPECT
COMM DEVELOP
DEVLPR CAP PROJ
EAST FGTN PUD
ENGINEERING SERV
LEGISLATIVE CTRL
PERSONNEL
PLANNING/ZONING
POLICE ADMIN
RECREATION PROGR
FIRE SERVICES
PARK MAINT
LIQUOR
Recreation prog
RESCUE SQUAD
ADMINISTRATION
COMM DEVELOP
WATER UTILITY
GENERAL FUND
SIMULATED LEATHER BI~~ER
CIGARETTES
PHONE SERVICE
PHONE SERVICE
PHONE SERVICE
PHONE SERVICE
PHONE SERVICE
PHONE SERVICE
PHONE SERVICE
FACILITY ACCESS SERVICE
POOL UNIFORM
SIGN WORK @ SPRUCE & DENMARK
PARTS/SUPPLIES
PARKING SIGNS
MAY '97 SERVICE
MAY '97 SERVICE
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
LEGAL FEES
STATE FIRE SCHOOL
SUPPLIES/EQUIPMENT
LIQUOR RETURN
SOFTBALL OFFICIAL
SUPPLIES
HOTEL - ANNUAL LMC CONFERENCE
HOTEL - ANNUAL LMC CONFERENCE
PARTS/SUPPLIES
DEF, COMP W/H 6/20 P/R
225,00*
66.46
66.46*
1,533.72
1,533.72*
2,133.03
32.34
32.34
300.86
283.60
32,34
44,78
2,859,29*
754.82
754.82*
15.99
15.99*
1,071.39
1,071.39*
28.72
28,72*
150,79
150,79*
375.37
375,38
750,75*
172.20
76.00
180.50
287.50
100.00
874.00
537.50
465.50
560,50
5,158,89
19.00
8,431.59*
500,00
500.00*
106.34
106.34*
12,211. 92
12,211.92*
108.00
108.00*
58.98
58,98*
199,15
199.87
399,02*
80,23
80.23*
5,917.80
5,917.80*
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09:32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
------------------------------------------------------------------------------------------------------------------------
1..1...-.1
MORE 4
<*>
MOTOR PARTS SERVICE CO INC
<*>
MVTL LABORATORIES INC
<*>
NAPA
<*>
NATROGAS INC.
<*>
NORTHERN STATES POWER COMPANY
<*>
NORTON, LINDA K
<*>
NTFC CAPITAL CORPORATION
<*>
OLSON, DAVID L
<*>
OLWELL, CHRIS
<*>
OLWELL, JOHN "JACK"
<*>
PARK SUPPLY INC
<*>
PEKEL, DAN
<*>
PELLICCI HARDWARE & RENTAL
<*>
PELTIER, AMBER
<*>
PEOPLES NATURAL GAS
BUILDING MAINT
ENGINEERING SERV
FIRE SERVICES
PARK IMPROVEMENT
POLICE ADMIN
Recreation Prog
SENIOR CITIZEN
Senior Center
STREET MAINT
WATER UTILITY
ENGINEERING SERV
STREET MAINT
STREET MAINT
EMERG MGMT SERV
SIGNAL MAINT
PERSONNEL
ADMINISTRATION
COMM DEVELOP
Recreation prog
Recreation prog
SWIMMING POOL
Recreation prog
BUILDING MAINT
ICE ARENA
IDEA SCHOOL
LIBRARY SERVICES
LIQUOR PILOT KNB
PARK MAINT
POLICE ADMIN
Recreation prog
SENIOR CITIZEN
SNOW REMOVAL
SOLID WASTE
STREET MAl NT
SWIMMING POOL
SWIMMING POOL
FIRE SERVICES
HRA/ECONOMIC DEV
IDEA SCHOOL
LIBRARY SERVICES
CLEANING SUPPLIES
BATTERIES
FILM DEVELOPING
SUPPLIES
FILM DEVELOPING
SAFETY CAMP SUPPLIES
SUPPLIES
SUPPLIES
PARTS
WATER TEST
PARTS
PARTS
NATROGAS
615 4TH ST - CIVIL DEF, SIREN
STREET LIGHTS
JUNE CONSULTING SERVICES
CALLER ID PHONE SYSTEM PYMT
MILEAGE - LMC ANNUAL CONF,
TENNIS INSTRUCTOR
TENNIS INSTRUCTOR
PARTS/SUPPLIES
SOFTBALL OFFICIAL
PARTS/SUPPLIES
PARTS/SUPPLIES
PARTS/SUPPLIES
Took Credit Twice
Took Credit Twice
PARTS/SUPPLIES
PARTS/SUPPLIES
PARTS/SUPPLIES
PARTS/SUPPLIES
SUPPLIES
PARTS/SUPPLIES
PARTS/SUPPLIES PO#7201
PARTS/SUPPLIES
POOL UNIFORM
21625 DENMARK AVENUE
308 ELM STREET
321 OAK ST
508 3RD ST
49.72
6.32
22.14
6.76
29,11
77.74
2,45
46,38
240.62*
29.76
29,76*
73.00
73,00*
57.33
362,13
419.46*
158.11
158.11*
6.28
2,850.71
2,856.99*
300.00
300.00*
422.91
422,91*
62.62
62.62*
91.20
91,20*
319.20
319.20*
31. 60
31,60*
306.00
306,00*
103.78
739.84
47.13
11.92
3.41
128.17
7.95
47.35
380.92
64.93
27.34
599.01
45.79
2,207.54*
17.88
17,88*
248.13
63.42
420.38
12.78
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
Vu
OH
OH
COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09:32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
<*>
------------------------------------------------------------------------------------------------------------------------
LEAGUE OF MINNESOTA CITIES - P
LEAGUE OF MINNESOTA CITIES INS
<*>
LOCAL GVMT INFO SYSTEMS ASSN.
<*>
LOSHBOUGH, JEVAN
<*>
MACQUEEN EQUIPMENT
<*>
MAJERUS, JACK
<*>
MALLOY MONTAGUE KARNOWSKI
<*>
MC NAMARA CONTRACTING INC.
<*>
MENDOTA HEIGHTS
<*>
METROPOLITAN COUNCIL
<*>
METROPOLITAN COUNCIL ENVIORNME
<*>
MINNESOTA AFSCME COUNCIL #14
<*>
MINNESOTA BENEFIT ASSOCIATION
<*>
MINNESOTA MUTUAL
<*>
MINNESOTA PIPE AND EQUIPMENT
<*>
MINNESOTA RECREATION & PARK AS
<*>
MINNESOTA STATE TREASURER
<*>
MITCHELL, LYNN
<*>
MN DEPARTMENT OF HEALTH
<*>
MN NURSERY & LANDSCAPE ASSOCIA
<*>
MOE, CLIFF
<*>
PERSONNEL
ESCROW FUND
SEVERANCE FUND
BUILDING INSPECT
GEN ACCOUNTING
MIS
PAYROLL
Recreation Prog
SNOW REMOVAL
SOLID WASTE
STREET MAINT
Recreation prog
HRA/ECONOMIC DEV
LIQUOR
SEWER OPEATIONS
WATER UTILITY
STREET MAINT
SOLID WASTE
SEWER OPERATIONS
SEWER OPEATIONS
GENERAL FUND
GENERAL FUND
SEVERANCE FUND
SEWER OPEATIONS
STREET MAINT
WATER UTILITY
Recreation prog
SEWER OPEATIONS
GENERAL FUND
RESERVOIR CONSTR
SWIMMING POOL
WATER UTILITY
PARK MAINT
Recreation prog
SEXUAL HARASSMENT TRAINING
MUNICIPALITY INS. PREMIUM
WORKERS COMP PREMIUM
LOGIS - APRIL '97 CHARGES
LOGIS - APRIL '97 CHARGES
LOGIS - APRIL '97 CHARGES
LOGIS - APRIL '97 CHARGES
SOFTBALL OFFICIAL
PARTS/SUPPLIES
SOLENOID SECTION
SHOCK ABSORBER KIT
SOFTBALL OFFICIAL
FINAL BILLING - AUDIT FEES
FINAL BILLING - AUDIT FEES
FINAL BILLING - AUDIT FEES
FINAL BILLING - AUDIT FEES
MAY'97 MATERIAL PICK UP
TRUCKING CHG - CLEAN UP DAY
MAY SAC CHARGES
SEWER SERVICE-JULY
UNION DUES W/H FROM 6/20 P/R
W/H FROM 6/20 P/R
LIFE INS PREMIUM - JULY
45# PAIL SPECOPATCH
MARKING PAINT
PARTS/SUPPLIES
SOFTBALL TOURNY ENTRY FEE
CLASS SC FAC, OPER. CERT.RENEW
REFUND FOR SWIMMING LESSONS
WATERMAIN REVIEW FEE
1997 LICENSE RENEWAL APPL.
WTR SPPLY SYS OPER RENEWAL APP
MNLA SUMMER MEETING '97
SOFTBALL OFFICIAL
300,00
300,00*
1,005,00
10,791. 00
11,796,00*
860.26
5,279,41
3,655.29
627,04
10,422.00*
136,00
136.00*
322.48
236.27
99.32
658.07*
204.00
204.00*
500.00
1,038.00
1,038.00
1,038.00
3,614.00*
943.73
943.73*
4,770.17
4,770.17*
23,512.50
23,512.50*
33,542.00
33,542.00*
771.43
771.43*
278,63
278,63*
201. 60
201.60*
34.40
33.80
140,84
209.04*
440.00
440.00*
23.00
23.00*
25.00
25.00*
300.00
330,00
3,698,00
4,328,00*
90,00
90.00*
34.00
34.00*
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
COUNCIL REGISTER
VENDOR
ACTIVITY
03-JUL-1997 (09 :32)
DESCRIPTION
CHECK AMOUNT CK-SUBSYS
------------------------------------------------------------------------------------------------------------------------
un
STREICHER'S
<*>
TEAM LABORATORY CHEMICAL CORP
<*>
TOLL GAS AND WELDING SUPPLY
<*>
TOTAL REGISTER SYSTEMS INC
<*>
TRANS ALARM INC
<*>
TRIO SUPPLY COMPANY
<*>
TROPICAL POOLS
<*>
UNITED WAY FUND OF ST. PAUL AR
<*>
UNITOG RENTAL SERVICES
<*>
UPBEAT INC
<*>
VAN ZUILEN, LINDA
<*>
WALDOR PUMP & EQUIPMENT CO
<*>
WALSH, PAUL AND MARY
<*>
WENDLAND DISTRIBUTING INC
<*>
WESSING, KATHERINE
<*>
WINES OF DISTINCTION INC
<*>
X-ERGON
<*>
ZIEGLER INC
<*>
PATROL SERVICES
POLICE ADMIN
STREET MAINT
SOLID WASTE
LIQUOR
ICE ARENA
SWIMMING POOL
SWIMMING POOL
WATER UTILITY
GENERAL FUND
FLEET MAINT SERV
SOLID WASTE
STREET MAINT
WATER UTILITY
SOLID WASTE
Recreation prog
SEWER OPEATIONS
PARK MAINT
SOLID WASTE
Recreation prog
LIQUOR
STREET MAINT
SNOW REMOVAL
STREET MAINT
REFLECTOR ASSEMBLY
CONCEALABLE BALLISTIC STRIKE P
SUPPLIES PO#7192
CYLINDER RENTAL
RIBBONS/PAPER FOR REGISTER
MONTHLY MONITORING CHARGES
YELLOW POPCORN
SHAFT SEAL
PARTS/SUPPLIES
W/H FROM 6/20 P/R
UNIFORMS
UNIFORMS
UNIFORMS
UNIFORMS
ELEC. PRESSURE WASHER
REFUND FOR REC ACTIVITIES
PARTS/SUPPLIES
BLDG RENTAL FOR JULY '97
SUPPLIES
REFUND FOR TWINS GAME
WINE
DRILL BIT X-TRIDE
PARTS
VEE BELT SET
55.01
407.95
462,96*
456.16
456,16*
5.27
5,27*
97.82
97.82*
97.30
97.30*
37.64
37.64*
69.86
10.99
80.85*
58.00
58,00*
21. 23
63.70
116,79
10.61
212.33*
605,97
605.97*
32.06
32.06*
19.07
19,07*
180.00
180.00*
22.39
22.39*
34,50
34.50*
1,134.18
1,134.18*
187.05
187.65*
456.95
51.12
508.07*
415,607.15*
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
<*>
COUNCIL REGISTER
VENDOR
PEOPLES NATURAL GAS
<*>
PH FEELY & SON CO
<*>
PHILLIPS WINE AND SPIRITS INC
<*>
POWER BRAKE & EQUIPMENT CO
<*>
PUBLIC EMPLOYEES RETIREMENT AS
<*>
QUALITY WINE AND SPIRITS CO
<*>
RDO EQUIPMENT
<*>
REGENSCHEID, BRENDA
<*>
ROTO-ROOTER
<*>
S & S WORLDWIDE
<*>
SAUBER PLUMBING & HEATING CO.
<*>
SCHREIER, DAVID
<*>
SCHULTZ, JEROME
<*>
SCHWAB VOLLHABER LUBRATT SERVI
<*>
SHOREVIEW, CITY OF
<*>
SIGN SOLUTIONS INC
<*>
SKB ENVIRONMENTAL INC
<*>
SNYDER APPRAISALS
<*>
SOUTH METRO RENTAL INC
<*>
SOUTH SUBURBAN TERRACE
<*>
SOWIEJA, LISA
<*>
SPEEC INC.
<*>
ST CROIX COUNTY
<*>
STARR AUTOMOTIVE
<*>
STATE CAPITOL CREDIT UNION
<*>
ACTIVITY
LIQUOR
SENIOR CITIZEN
SOLID WASTE
STREET MAINT
SWIMMING POOL
WATER UTILITY
WATER UTILITY
LIQUOR
FIRE SERVICES
GENERAL FUND
LIQUOR
STREET MAINT
Recreation prog
SEWER OPEATIONS
Recreation prog
FIRE SERVICES
Senior Center
Recreation prog
BUILDING MAINT
Recreation Prog
PARK MAINT
SOLID WASTE
1997 IMPROVE
STREET MAINT
Senior Center
SWIMMING POOL
BUILDING MAINT
GENERAL FUND
BUILDING INSPECT
GENERAL FUND
03-JUL-1997 (09:32)
DESCRIPTION
305 3RD ST
431 3RD ST
3360 220TH ST W - WELL #2
706 1ST ST - VILLAGE GARAGE
617 6TH ST
311 1/2 OAK STREET
TOWN & COUNTRY MIX
MERCH RETURN
PARTS
EMPLYEE & EMPLYR W/H 6/20 P/R
LIQUOR
BUMPER
REFUND FOR MARK SCHMITZ-BBALL
SERVICE @ 712 11TH ST
BIRDFEEDERS PO#6766
EQUIP. REPAIR/MAINT. PO#6082
GRANT FOR HISTORY QUILT
SOFTBALL OFFICIAL
ANNUAL CONTRACT FEE/SRVCE AGRM
WATER PARK TRIP PAYMENT
9" ACRYLIC LETTERS
DUMPING FEES
ANALYSIS HENDERSON STORM SEWER
RENTAL EQUIPMENT
USE OF SSMC BUS
POOL UNIFORM
RECYCLE FLOURESCENT BULBS
CHILD SUPPORT W/H 6/20 P/R
TRANSMISSION REPAIR
W/H FROM 6/20 P/R
CHECK AMOUNT CK-SUBSYS
80.61
97.04
27.00
119.97
73.97
43.60
1,186,90*
51. 92
51,92*
8,793.16
8,793.16*
238.66
238.66*
9,054.99
9,054.99*
1,674.46
1,674.46*
17,24
17,24*
25,00
25,00*
111.00
111.00*
55.81
55.81*
1,806.16
1,806.16*
125.00
125.00*
204.00
204,00*
995.00
995.00*
232.00
232.00*
135.74
135.74*
314.00
314.00*
1,525.00
1,525.00*
8.98
8.98*
27.00
27.00*
17,88
17.88*
104,05
104.05*
290.08
290.08*
180.36
180,36*
3,117.40
3,117.40*
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
vH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
5V
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: City Health Insurance Group Change
DATE: July 7, 1997
The City has been reviewing other options concerning employee health insurance group
coverage and consortium participation. Reasons associated with this change include coverage
levels, premium costs and the need to migrate the City to a consortium based group approach to
provide more bargaining leverage in negotiating group renewals.
DISCUSSION
This very positive change in the City's health insurance position was a team effort involving the
City's three union groups, supervisors, management team, and, in particular, the City's Human
Resource Office. I am very pleased and appreciative of the efforts and demonstrated cooperation
that employee representatives exhibited during this process.
Historically, the City has negotiated renewals through Blue Cross/Blue Shield as a stand alone
organization. This resulted in the City and employees paying premiums which were among the
highest in the metropolitan area. In essence, the City could not afford to continue this type of
coverage and needed to move to more cost-effective group coverage solution.
The formation of a management-labor insurance committee several months ago at my request to
review a variety of insurance issues oversaw this effort and has resulted in a win-win situation.
The City and its employees will enjoy significant savings in health insurance premium rates,
while still retaining high quality group coverage. It is anticipated that new group coverage will
be implemented effective August 1, 1997.
Another change which will be put into place is changing the method of how the City contributes
towards employee health coverage. Currently, the method used by the City is percentage based.
This has a number of negative financial implications. A review of other metropolitan area cities
suggest that the most common, financially prudent and equitable method is through a fixed
monthly contribution, revisable each year when renewal rates are received by the City from its
health insurance carriers.
This approach will be implemented for non-bargaining employees effective August 1, 1997. As
the City pays the full-cost of single health insurance, this change will only affect family rate
contributions. The amount of the City's fixed contribution to family rates under this method will
be significantly less than current contributions, in large measure due to group rate reductions.
CitlJ of FarmintJton 325 Oak Street. Farmington! MN 5502~ · (612) ~63-7111 · Fal( (612) ~63-2591
This same approach will be negotiated with bargaining unit employees during labor negotiations,
with the goal of equalizing the City's contribution city-wide.
BUDGET IMP ACT
The anticipated savings to the City from this group change on an annual basis could be between
$30,000 to $50,000. This is a significant reduction in City health insurance premium costs which
will help the City improve its financial position. Cost savings from this change will be applied
towards improving the City's fund balance, and potentially in a new proposed employee
performance program which will be presented to Council separately in the budget process.
ACTION REQUESTED
Adopt the attached resolution approving participation in the Local Government Information
Systems (LOGIS) Health Care Group effective August 1, 1997.
Respectfully submitted,
John F. Erar
t City Administrator
Cc: Brenda Wendlandt, Human Resources Coordinator
Union Stewards
RESOLUTION APPROVING PARTICIPATION IN THE
LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS)
HEAL TH CARE GROUP (GROUP)
BY THE CITY OF FARMINGTON
Whereas a number of communities of the State of Minnesota identified benefits including
cost, effectiveness and efficiency of joining together to cooperatively provide for the
establishment, operation, and maintenance of employee benefit programs to the benefit of the
parties and others; and
Whereas the consortium has further determined that a necessary adjunct of management
information systems is providing information and data pertaining to health care options as part of
employee benefits; and
Whereas the members of LOGIS have determined through their Executive Committee
that the management of information pertaining to health care options is interwoven with the
selection and operation of such plans and that jointly contracting for such plan operation is a
necessary and appropriate role for LOGIS; and
Whereas the City of Farmington has determined that it is to its benefit to participate in
LOGIS as an associate member with the intent of participating in the coordination of employee
health care planning and service selection;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF FARMINGTON
AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE THE LOGIS JOINT AND
COOPERATIVE AGREEMENT, AND APPOINT THE HUMAN RESOURCES
COORDINATOR AND CITY ADMINISTRATOR TO SERVE AS ITS DIRECTOR AND
ALTERNATIVE DIRECTOR, RESPECTIVELY, ON THE LOGIS BOARD OF DIRECTORS.
Adopted this 7th day of July, 1997.
~
TO:
Mayor, Councilme~
City Administrator 7- /}!J
Lee Smick, fJJ/
Planning Coordinator
FROM:
SUBJECT:
Overlay Zone Amendment
DATE:
July 7, 1997
INTRODUCTION
The proposed ordinance will amend Title 10, Chapter 6 - General Regulations - by adding
Section 22 - Overlay Zones in Light Industrial Districts and by amending 10-1-4 -
Definitions.
DISCUSSION
The HRA and the Planning Commission have recently reviewed the expansion of the
existing Farmington Industrial Park area to include Phase III and IV of the current park
comprising 234.5 acres and 223 acres directly south of the Industrial Park. Highway 50
splits the proposed area while Akin Road bounds the area on the east and the future
expansion of Pilot Knob Road bounds the property on the west. These areas are currently
zoned 1-1 and are respectively named Overlay Zone #1 and #2. The attached map shows
the location of these areas. The overlay zones will reside over the current 1-1 zoning and
provide for stricter development controls than are currently required in the zone. The
overlay zones will control the proposed architectural, aesthetic and development
requirements for any project constructed within this location. The overlay zone is applied
to a specific area and changes the zoning rules for that area to reflect some special
attributes of that area. The overlay zone acts much like the covenant requirements
instituted in Phase I and II of the existing Industrial Park, however, the overlay zone
allows for controls in a larger area and adjustments to the original covenant controls
provides increased requirements to the proposed overlay zones.
Northern Natural Gas has requested exemption from the overlay zone requirements
because of their commitment to their existing property located in the southeast comer of
overlay zone # 1. Gas line easements are located throughout the property and any chance
for relocating their site would be difficult and impractical. The HRA and the Planning
Commission approved the exemption request on May 21, 1997.
Architectural, aesthetic and development controls proposed in overlay zone # 1 and #2
include the following:
CitlJ. of FarminiJton 325 Oak Street · FarminiJton, MN 5502~ · (612) ~63.7111 · Falf (612) ~63.2591
. The overlay zones would allow research facilities, light manufacturing, warehousing
and distribution centers, however, overlay zone #2 would also include mini-storage
and recycling facilities.
. Building materials for exterior walls require brick, stone, concrete masonry block or
concrete to observe architectural controls in the overlay zone.
. Roof mounted equipment shall be setback from the edge of the building and screened
with parapet walls and painted earth-tone colors to reduce their amount of visibility.
. Loading docks are to be designed to incorporate the overall theme of the building and
shall be landscaped and screened as much as possible. The docks shall not be
constructed facing Highway 50 and Highway 31.
. Trash containers shall be enclosed with a trash lid and screened by a six foot masonry
wall on three sides of the trash unit.
. Lot coverage shall not exceed 65% and buildings shall be setback 50 feet in the front
yard, and 25 feet in the side and rear yards.
. All parking lots, driveways and loading docks shall be constructed with asphalt or
concrete and concrete curbs are required when parking lots or driveways are located
in front of the principal building. Parking lots are to be screened with landscaping
and are not permitted within 35 feet of the front property line or 10 feet from the side
or rear yards.
. Landscaping shall incorporate street trees, perimeter parking lot requirements and
buffer areas. Any fencing shall comply with Section 10-6-15 of the City Code.
. Outside storage is required to be approved by the City and shall be screened with a six
to eight foot high opaque wood fence and landscaping; or landscaping and berms; or a
combination of both to fully screen the outdoor storage.
. Signage shall comply with the City Code requirements, however, no pole signs or
advertising billboards are allowed within the overlay zone.
. Property owners are required to maintain their properties by removing trash and litter,
providing healthy and aesthetically pleasing vegetation, maintaining exterior lighting,
parking areas driveways and promptly repairing any exterior damage to buildings.
. Variances may be applied for from these regulations.
. Any property within the overlay zone which is intended to be rezoned to a use other
than industrial, upon approval by the City Council, shall not be required to adhere to
these provisions.
The overlay zone standards will be located in Title 10, Chapter 6 within the General
Regulations section of the City Code and will be reflected in the Comprehensive Plan and
the Zoning Map. The Planning Commission approved the amendment on June 24 and the
City Attorney has reviewed and approved the ordinance revision.
.
ACTION REQUIRED
Approve the amendment of Title 10, Chapter 6by adding Section 22 - Overlay Zones in
Light Industrial Districts and amending 10-1-4 - Definitions.
Respectfully submitted,
"'\~
/ /
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Lee Smick
Planning Coordinator
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PRO P 0 SED
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE
An Ordinance Amending Title 10, Chapter 6 - General Regulations - by Adding
Section 22 - Overlay Zones in Light Industrial Districts; and Amending 10-1-4 -
Definitions
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS:
SECTION I:
Title 10, Chapter 6, shall be amended by adding
Section 22 - Overlay Zones in Light Industrial
Districts.
10-6-22: OVERLAY ZONES: The purpose of Overlay Zones is to provide standards
and guidelines for the architectural, aesthetic and development controls within
a zoning district which are more restrictive than those required by code within
that district.
A. PERMITTED USES: All building sites within the affected property shall be
used, subject to City Zoning Ordinances, solely for
research, light industrial, light manufacturing, warehousing, distribution
center, recycling facility, and mini storage facility.
B. APPROVAL OF PLANS: Prior to construction or alteration of any building or
other structure, two complete sets of building and
landscaping plans shall be submitted to the Building Inspections Division for
approval. No building, structure, or other improvement shall be constructed,
altered or placed upon the affected property until the location, design, plans
and specifications for such (including landscaping) have been approved by the
City. If the City fails to approve or deny plans submitted to it within 90 days
of receipt, it shall be presumed that such plans, as submitted, are approved.
C. BUILDING MATERIAL AND DESIGN:
1. EXTERIOR WALLS:
of one or more of
the City:
Exterior Walls of buildings to be constructed shall consist
the following materials and shall receive prior approval of
a) Brick: size, type, texture, color and placement shall be approved.
b) Stone shall have a weathered face or shall be polished, fluted or broken
face.
c) Concrete Masonry Block shall be those generally described as "Customized
Architectural Concrete Masonry Units" or shall be broken faced brick-type
units with marble aggregate. All concrete masonry units shall be coated with
a City approved coating. There shall be no exposed concrete block on the
exterior of any building unless approved by the City.
d) Concrete may be poured in place, tilt-up or precast and shall be finished in
stone, textured or coated, with a minimum life expectancy of 10 years.
1
2. ALTERNATE MATERIALS: Alternate exterior surface materials of preengineered
metal may be substituted in up to 6% of the exterior wall surface area of
each building if the following conditions apply:
a) Used for housing or screening equipment necessary to the manufacturing
operations.
b) Architecturally compatible with the building as a whole as determined by the
City Planning Division.
c) Compliance with any additional screening and/or landscaping requirements of
the City.
d) Modifications shall be made with prior written approval of the City Planning
Division.
3) ALTERATIONS TO BUILDINGS: Any alterations to buildings shall meet all
requirements of these standards and the City Code.
4) CANOPIES: No canopies with visible wall hangers shall be permitted. Design
of canopies shall be in keeping with the design of the building and shall be
approved by the City prior to construction or alteration.
5) ROOF MOUNTED EQUIPMENT: All rooftop equipment shall be set back from the
edge of the roof a minimum of twenty feet (20') and shall be screened.
Screening shall consist of either a parapet wall along the roof edge or an
opaque screen constructed of the same material as the building's primary
vertical exposed exterior finish. Equipment shall be painted a neutral
earth-tone color. The site plan shall indicate all mechanical rooftop
equipment and shall include elevations.
6) LOADING DOCKS: Loading docks shall not be permitted along the street side of
a building. The design of the loading docks shall be incorporated into the
overall design theme of the building and constructed of materials equal to or
the same as the principal building. This area shall be landscaped and/or
screened so that the visual and acoustic impacts of its function is fully
contained and out of view of adjacent properties and public streets. The
architectural design shall be continuous and uninterrupted by ladders,
towers, fences, and equipment. Businesses which abut County Highway 50
and/or County Highway 31 shall not construct loading docks which front these
roadways.
7) TRASH CONTAINERS: Trash containers or trash compactors shall not be located
within twenty feet of any street, sidewalk or internal pedestrian way and
shall be screened by a six foot masonry wall on three sides of the trash
unit.
8) COVERAGE: Unless otherwise approved by the City, the ratio of building
square footage and parking area shall not exceed 65% of the total square
footage of any building site within the affected property.
D. UTILITIES: All buildings and structures shall be served by underground
utility distribution facilities. The installation of such
utilities shall not change the grade or contour of the City approved grading
plan for the site.
E. BUILDING SETBACKS: No building or other structure shall be erected within
fifty feet (50') of the front property line; or twenty five feet (25') of the
2
side and rear property lines. If two or more lots are developed as one site,
the interior common lot line shall be ignored.
F. PARKING AREAS
1) SURFACING: Prior to issuance of a Certificate of Occupancy, all parking
areas, driveways and loading areas shall be surfaced with asphalt or concrete
pavement following the City's Engineering Standard Plates. In the event said
surfacing cannot be completed due to weather or seasonal restrictions, a
Temporary Certificate of Occupancy may be issued contingent upon the
extension of the security or letter of credit required under 10-6-8 (5) of
this code. All parking areas, driveways and loading areas shall be curbed
with concrete.
2) OFF STREET PARKING SPACES REQUIRED: Off street parking shall be provided to
serve each site. The minimum number of parking spaces shall be the greater
of:
a.
a. One space for every 600 sq. ft. of Industrial Space; and
b. One space for every 200 sq. ft. of office space; and
c. One space for each 2000 sq. ft. of storage area
or
b. One space per projected employee per shift
3) SCREENING: All parking areas shall be screened as required in Section 10-6-
22 (G)- Landscaping.
4) LOCATION: Parking will not be permitted within thirty five feet (35') of the
front property line (those facing any dedicated street), or within ten feet
(10') of any side or rear property line unless otherwise approved by the
City.
G. LANDSCAPING: All open spaces shall be dustproofed, surfaced, landscaped,
rockscaped or devoted to lawns. Not less than two-thirds of
the required building setback area from any dedicated street shall be landscaped
with lawns, trees, shrubs and walkways of a design approved by the City Planning
Division. Landscaping shall be installed within 90 days of occupancy or
substantial completion of building, whichever occurs first, weather permitting.
The following landscape standards shall apply to all proposed projects within
the Overlay Zones:
a) Street Trees - Street trees shall be planted at one (1) canopy tree per forty
feet (40') of street frontage.
b) Perimeter Parking Lots - One (1) tree and three (3) shrubs per forty feet
(40') of parking lot perimeter frontage. Plants are to be installed within
ten feet (10') of the parking lot frontage area.
c) Interior Parking Lots - One (1) planting island per twenty parking spaces.
One (1) tree and three (3) shrubs are required within each planting island.
The planting island shall be curbed with concrete.
3
d) Buffer Area - When the industrial district is adjacent to a residential
district, a twenty-five foot (25') buffer is required and shall include a six
foot high wooden fence and landscaping to screen the adjacent property.
H. SCREENING:
1) STORAGE AREAS: Without prior approval of the City, no outside storage areas
shall be allowed nor shall any articles, goods, materials, incinerators,
storage tanks, refuse containers or like equipment be kept in the open or
exposed to public view or view from adjacent buildings. If outside storage
is given City approval, all materials and/or containers and equipment, shall
be screened from view. Required screening shall include: 1) a six to eight
foot high opaque wooden fence and landscaping; 2) landscaping and berms; or
3) a combination of both to fully screen the outdoor storage.
2) STRUCTURE: No accessory structures (including but not limited to water
towers, storage tanks, processing equipment, cooling towers) or outside
equipment shall be constructed, erected or placed on the affected property
without prior approval of the City. If such approval is granted, such
structures shall be screened from public view and the view of adjacent
buildings in a manner approved by the City Planning Division.
I. SIGNS: All signs shall be of a design and material approved by the City
Planning Division. Unless otherwise approved, all signs must be
attached to the building, and be parallel to and contiguous with its walls and
not projecting above its roof line. No sign of a flashing or moving character
shall be installed and no sign shall be painted on any building wall. Pole
signs will not be allowed. Advertising billboards are not allowed within the
overlay zone. (General guidelines for signage - available through the City
Planner. )
J. MAINTENANCE:
1. Owners and occupants of any or all of a site have the duty and
responsibility, at their sole cost and expense, to keep the site, including
buildings, improvements and grounds, in a well maintained, safe, clean and
attractive condition. Such maintenance includes but is not limited to the
following:
a) Prompt removal of all litter, trash, refuse and wastes.
b) Provide such care as required to maintain all vegetation in a healthy and
aesthetically pleasing appearance.
c) Maintain exterior lighting and mechanical facilities in good working order.
d) Maintain parking areas, driveways and roads in good repair.
e) Prompt repair of any exterior damage to any buildings and improvements.
2. The Community Development Director is hereby authorized and empowered to
notify, in writing, the owner of any such lot, place or area within the
Overlay Zone, or the agent of such owner, of any failure to maintain said
property in the manner prescribed above. Such notice shall be by registered
mail, addressed to said owner, at his/her last known address. Upon the
failure, neglect or refusal of any owner or agent so notified to correct such
condition within ten (10) days after receipt of the written notice, the
Community Development Director is hereby authorized and empowered to provide
for and pay for the necessary repair or maintenance. The actual cost of such
repair or maintenance shall be billed to the owner of said property. Failure
to pay for such costs within thirty (30) days after receipt of the billing
statement shall be a debt against the property and shall be assessed to such
4
property's tax parcel number on the next regular tax bill forwarded to the
owner of said property, including interest at the maximum rate allowed by
law, not to exceed 12% and shall be due and payable by said owner at the time
of payment of such tax bill.
K. VARIANCE TO STANDARDS: A proposed developer may apply for a variance of
these regulations and will be provided a public
hearing before the Board of Adjustment in accordance with the variance
procedures in Sec. 10-8-6 of the City Code.
L. REZONING: Any property within the overlay zone boundaries which is rezoned
to a use other than industrial, upon approval of City Council,
shall not be required to adhere to the following provisions.
M. DESIGNATED OVERLAY ZONES AND PERMITTED USES:
Overlay Zone 1:
LEGAL DESCRIPTION
The S 1/4 of Section 25 and the N 1/2 of the NE 1/4 of Section 36,
including the 207' x 125' parcel in the SW corner of the
N 1/2 of the NE 1/4 of Section 36
TWP 114, R20, Dakota County, Minnesota
Permitted Uses
Research
Light Industrial
Light Manufacturing
Warehousing
Distribution Centers
Overlay Zone 2:
LEGAL DESCRIPTION
The S 1/4 of the N 1/2 of Section 36 and also
all of the N 1/2 of the SW 1/4 of Section 36,
TWP 114, R20, Dakota County, Minnesota
Permitted Uses
Research
Light Industrial
Light Manufacturing
Mini Storage Facilities
Warehousing
Distribution Centers
Recycling Centers
SECTION II:
Title 10, Chapter 1, Section 4 - Definitions - shall
be amended by adding (underlined) as follows:
Between Density and Drive-In Establishment:
DISTRIBUTION CENTER:
Any establishment which provides for the distribution of
goods or tangible personal property. excluding retail
sales.
5
Between Regulatory Flood Protection Elevation and Residential Care Facility:
RESEARCH FACILITY:
Any establishment where research and development related
to activities such as the manufacturing or production of
tangible personal property. including medical. technical
and scientific research.
SECTION III:
After adoption, signing and attestation, this
ordinance shall be published in the official
shall be in effect on and after the day following
such
newspaper of the City and
publication.
Enacted and ordained the
day of
, 1997.
6
lh
TO:
Mayor, Councilmembers,
City Adrninistrator..fC '
Lee Smick, ~
Planning Coordinator
FROM:
SUBJECT:
Dakota County
Transportation Plan
DATE:
July 7,1997
INTRODUCTION
City Staff recently met with Dakota County planners and engineers to discuss future
transportation scenarios for County roadways throughout the Farmington area. The
following are issues discussed at the meeting and is presented for your information.
DISCUSSION
Dakota County has detemtined that the proposed C.S.A.H. 31 extension through
Farmington will provide an important north-south route through the City along with the
existing T.H. 3. The County is also reviewing a second east-west route other than
C.S.A.H. 50 to lessen traffic on that roadway or on C.S.A.H. 42 in order to connect with
Interstate 35 on the west (see the attached map).
Dakota County has initially determined that construction on C.S.A.H. 31 begin in the
Spring of 1998 and are proposing a two-lane urban divided roadway from C.S.A.H. 50 to
209th Street with a 150 fo.ot right-of-way, a two-lane rural roadway from 209th Street to
195th Street with a 120 fo.ot roadway, a two-lane urban divided roadway from 195th
Street to 190th Street with a 120 foot right-of-way and a four-lane urban divided roadway
from 190th Street to the Farmington city limits with a 150 foot right-of-way.
The two-lane roadway between C.S.A.H. 50 and 190th Street was determined through
both growth projections proposed by Dakota County and open houses with Farmington
citizens and City Staff in 1995. During these meetings, it was determined that growth
between C.S.A.H. 50 and 1 90th Street would not reach full density for twenty years,
which warrants the two-lane roadway in this area rather than a four-lane thoroughfare in
the County's opinion. It was also determined that right-of-way acquisition for C.S.A.H.
31 would only acquire enough land for a two-lane roadway. Any future right-of-way
required for the widening of C.S.A.H. 31 would have to be achieved during the platting
process.
CitlJ. of FarminfJton 325 Oak Street. Farm;nl/ton, MN 55024 · (612) 463-7111 · FaJf (612) 463-2591
Dakota County is also reviewing possible east-west routes north of C.S.A.H. 50 to
provide an additional thoroughfare to the west and a direct access to Interstate 35.
Dakota County will work with the City to determine two possible east-west corridors
including County Highway 60 (185th Street) and County Highway 64 (195th Street).
Issues involved with C.H. 60 include the feasibility of connecting to Interstate 35 and the
difficulty of intersecting with the current C.S.A.H. 31 roadway through the pending
approval of plats for Pine Ridge Forest and Cameron Hills residential areas.
The second possible east-west location at C.H. 64 is proposed by the County to connect
with Interstate 35 on the west and T.H. 3 on the east. With the T.H. 3 connection,
additional traffic could be located to establish larger traffic counts on T.H. 3 which is
considered to be a lightly traveled north-south corridor. Issues to this scenario include
the bridging of the deep ravine to the east of Akin Road and the railroad tracks to the west
ofT.H.3. The feasibility of the connection of Interstate 35 through existing residential
areas in Lakeville will also have to be reviewed.
The County stated that the Metropolitan Council has already approved C.H. 64 as an east-
west route through Farmington. Lakeville has also been reviewing the proposed plans
with the County. Continued discussions with Dakota County and Lakeville will
commence throughout the fall to determine future locations of roadway systems
throughout the Farmington area.
ACTION REQUIRED
No action required. Information only.
Respectfully submitted,
~~'
V Lee Smick
Planning Coordinator
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7c
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Independent Third Party Audit
DATE: July 7, 1997
INTRODUCTION
After further staff review and deliberation of the financial management issues involving the
City's debt service funds, conversations have been held with the Minnesota State Auditor
regarding their potential involvement.
DISCUSSION
Preliminary findings by the State Auditor suggest that the reviews performed by City staff and
the City's financial advisor, Juran & Moody, alleviate the need for an independent audit review.
The Finance Director has requested a letter from the Auditor's office confirming their opinion
that an independent audit at this time is unnecessary in light of the fact that appropriate City
action has been taken. The State Auditor's Office has indicated that financial reviews performed
internally have been very thorough and appear to address the financial issues with the City's debt
service funds.
BUDGET IMP ACT
According to information received from the State Auditor's Office, the cost of the audit would be
at City expense if requested by the City. Ifthe Auditor decides to review City records under their
own prerogative, it would be at their expense. It does not appear that the Auditor will make a
decision to audit City finances unless requested by the City.
ACTION REQUESTED
None. This is for information only. A copy of the State Auditor's letter will be forwarded to
Council upon receipt.
~es eC:j;g,mitted,
ohn F. Erar
City Administrator
CitlJ. of FarminiJton 325 Oak Street. FarminlJton, MN 5502~ · (672) ~63.77 77 · Fait (672) ~63.2597
7d
FROM.:
Mayor, counc:~ers, City
Administrato1
Lee M. Mann, P.E.,
Director of Public works/City
Engineer
TO:
SUBJECT:
pine Knoll Resident Sanitary Sewer
Connection
DATE:
July 7, 1997
INTRODUCTION
City staff has been working to facilitate the remaining sanitary sewer connections
in Pine Knoll.
DISCUSSION
Currently there are three rema1n1ng residents in Pine Knoll that are not connected
to the City sanitary sewer. At the January 21, 1997 City Council meeting, the
deadline for connecting was extended from December 1, 1996 to April 15, 1997. On
May 8, 1997, a letter was sent to the remaining three residents requesting proof
of connection by May 30, 1997 or legal action would be taken. On June 5, 1997,
another letter was sent to these three residents giving them the option of having
the City install the sanitary sewer service and being assessed for the costs.
One of the residents, Mr. Larry Campion (20135 Dunbar Avenue)
~;;tition (attached) requesting that the City install the sanitary
and assess the costs against his property.
has signed a
sewer service
BUDGET IMPACT
All installation costs plus 25% for engineering, legal and administration would be
assessed against the property.
RECOMMENDATI:ON
Staff recommends that Council accept the petition submitted by Mr.
authorize staff to solicit quotations for the work and prepare an
Agreement to be brought back to Council for approval on July 21, 1997.
Campion and
Assessment
~C/J?l~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
Mr. Larry Campion
CitlJ. of Farminf/.ton 325 Oak Street · FarminfJton, MN 550211 · (612) 1163.7111 · Fax (612) 1163.2591
Petition for Local Improvement
Fannington, Minnesota
July 1, 1997
To the City Council of Fannington, Minnesota:
We, the undersigned, owners of 100
20135 Dunbar Avenue
% of the frontage of the real property abutting on
hereby petition that the following improvement(s) which is more than 35 % to be constructed as
assessable improvement (s) pursuant to Minnesota Statutes, Sections 429.011 to 429.111:
Installation of sanitary sewer service at above address to be in compliance with City Code
The Engineer has determined that the cost of a feasibility (preliminary report will not exceed
$ Nt A , 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 owenrs 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 Minnesota Statute
429.
Print Name Address Signature
Larry Campion 20135 Dunbar Avenue ~~-#~ ~~
~
TO: Mayor and Councilmembers
FROM: John F. Erar. City Administrator
SUBJECT: CSAH 31 Project Financing
DATE: July 7.1997
INTRODUCTION
As indicated at the June 16, 1997 Council meeting, Dakota County is requesting the City to
execute an agreement to share the costs for engineering, right-of-way acquisition, construction
and highway revocation. The standard cost sharing ratio for this type of project is 55% County
and 45% City. As previously indicated, the most current estimated project cost received from the
County, and presented to Council on November 4, 1996, for the City's financial portion of
CSAH 31 project is $2,712,434.
DISCUSSION
Prooosed Soecial Assessments
Developed Properties - Under the City's special assessment policy, 35% of the total project cost
is assessed against benefiting properties, with the remaining 65% financed by the City. If 35% of
the project cost were applied to this project estimate, special assessments would be $949.351
(35% X $2,712,434). According to engineering estimates, there are approximately 2.345
assessable household equivalents north of 195th. Under this scenario, special assessments would
be approximately $404.84 per household equivalent over the life of the debt issue scheduled for
fifteen years. This is a one-time assessment spread over the life of the bond issue. Annual
principal cost to each household would be approximately $26.99 per year, or $2.25 per month.
with interest at 7.5% over 15 years, additional interest charges would be approximately $2.53 per
month for total monthly amount of $4.78.
The rationale for determining benefit in this area of the project is based on a number of factors.
including:
. Improved transportation access for developed properties in the proj ect area on the enhanced
county roadway;
. Enhanced traffic control management points i.e. signalization. bikepaths. right and left turn
lanes;
. Enhanced public safety considerations for vehicular and pedestrian traffic (attached memo
from Chief Siebenaler on public safety issues);
. Enhanced community access north and south for non-vehicular traffic utilizing pedestrian
bike paths;
CitlJ. of Farmin9ton 325 Oak Street · Farm;nfJton, MN 5502~ · (612) 463-7111 · Fa~ (612) ~63-2591
Mayor and Council
CSAH 31 Project Financing
Page 2 of4
. Enhanced north-south transportation corridor that will aid the City in economic development
efforts as a metropolitan suburb with convenient and efficient access to major regional
markets;
. Enhanced travel time efficiencies for both residential and commercial traffic; and
. Expedited emergency response service time to northern residential and commercial
properties;
In reviewing other similar type projects in the metro area, the City of Chaska recently completed
two road projects which were assessed in the same manner. Special assessments were levied on
properties approximately % mile away from the roadway project citing the transportation
benefits they received from the improved County roadway. Assessments in Chaska's road
projects were approximately $390 per household unit. The City of Chaska's experience is very
positive suggesting that Farmington has legal grounds to proceed in a very similar manner.
According to city representatives in Chaska. no appeals were tiled in those two projects.
However, that is no guarantee that the City of Farmington would have the same experience.
Undeveloped Properties - Under the City's special assessment policy, 100% of the project cost is
assessed against the benefiting property in the relevant project area.
As determined earlier, approximately 54% of the project area is south of 195th street. Using this
percentage, approximately $1,464,714 would be assessed against this project area consisting of
between 690-865 developable acres, revised per Engineering on 7/97, at a per acre cost of
between $1,693 to $2,122. Engineering has indicated that each undeveloped acre would have an
average density of approximately 2.5-2.8 household equivalents. Utilizing this formula,
approximately 1,725 to 2,422 households are achievable in terms of residential development. By
dividing $1,464,714 from a low of 1,725 to a high of 2,422 anticipated household equivalents,
the total per household assessment on an undeveloped acre would range from $604.75 to
$849.11. Again, this number should be viewed as being in a range based on current project
estimates from the County, with final assessments based upon development density and
actual developable acreage. (This information has been revised since the last update.)
. The question of whether accrued interest on deferred special assessments can be waived has
been asked by a number of property owners south of 195th Street. According to statutory
guidelines, the Council can make the decision to waive the accrued interest during the period
prior to development. When the property develops, then interest begins to accrue at that time.
A memo from Juran & Moody is attached and addresses this particular issue.
. An additional review by staff of undeveloped property which would eventually utilize CSAH
31 has suggested that property further to the east of the developed area and up to the City's
easterly border and Y2 mile north of the future 195th Street would also be assessable. These
properties, as is the case with properties south of 195th Street, would have deferred
assessments until development occurs. This additional area will be presented to Council at
the July th Council meeting.
Mayor and Council
CSAH 31 Project Financing
Page 3 of4
Tax Levv (Optional)
As indicated earlier, Council has the option of imposing a City-wide tax levy as opposed to
specially assessing developed properties north of 195th A venue. under the rationale that this new
transportation corridor will serve the entire community. There are, however. tinancial
implications which need to be assessed as part of an integral analysis of project tinancing.
Attached are new cash flow analyses prepared by Juran & Moody which suggests that debt
service interest payments under a City-wide tax levy would be approximately $1,021,992 versus
debt service interest payments of $924,297 under a special assessment scenario, an additional tax
burden of almost $98,000.
It should also be noted that under a City-wide tax levy, certain properties would also be
property-tax exempt under state law, shifting the tax burden exclusively to residential and
commercial properties. Under a special assessment scenario, those tax exempt properties would
be treated the same as any other class of property and would be subject to special assessments.
In addition, the cash flow analysis indicates that the City would be spending approximately
$820,000 more in funding for debt service payments over the life of the bond under a tax levy
scenario. Additional levies of almost $674,000 would be needed to make up this difference for a
total tax levy of $1,623,750. This translates into an annual tax impact on homes valued between
$80,000 and $150,000 of $13.81 to 35.04, respectively. The total tax impact. over 15 years. for
homes between $80,000 and $150,000 would be from $207.18 to $525.64.
In the analysis presented, under the tax levy option, homes in the community valued at $130,000
and greater would, over the fifteen year period, actually pay an amount greater than the proposed
special assessment.
MSA FUNDING
The City's initial proposed contribution of MSA funds towards the project is proposed at
$800,000. A financial review of MSA funding performed in November 1996 suggests that the
City could utilize up to $88,000 in MSA funds annually for debt service payments. Under the
special assessment scenario, the City would be supplementing debt service obligations with 16
annual payments from MSA revenues of $79,500 per year, compared to the full $88.000 needed
under the tax levy option over 15 years.
Moreover, since the maximum MSA funds available for debt service is limited to $88,000
annually, there would be an additional annual need for debt service revenues of almost $45,000
per year. This represents approximately $674,000 in additional funding needs over the 15 year
life of the bond. As the available amount of MSA funding is limited to approximately $88,000
per year in MSA funding, this difference would have to be underwritten through additional tax
levies.
Mayor and Council
CSAH 31 Project Financing
Page 4 01'4
It should be noted, that the amount of the City's initial down payment of MSA funds will not
affect the level of proposed special assessments in the project. Special assessments are
determined as a percentage of the project costs, and not on the actual debt issuance principal. In
light of the extremely rapid growth in the City, committing too much funding for one project
could have serious negative financing implications for other projects over the next several years.
BUDGET IMPACT
A financial presentation has been prepared for the July 7, 1997 Council meeting.
ACTION REQUESTED
1) Determination of Council's intent on the desired method of project financing for properties
located north of 195th Street and within approximately Y2 mile east and west of CSAH 31.
This project area represents approximately 35% or $949,351 of City's total project share of
$2,712,434. The method of financing this portion of the project is through a) special
assessments under M.S. 429 or b) City-wide tax levies.
.,. From a project financing perspective, based solely on the most cost-effective and equitable
manner available to finance this project, the use of special assessments as prescribed under
City assessment policy, in combination with MSA revenues, is the most appropriate method
of financing the City's share of project costs.
2) Upon the determination of funding, authorize the execution of the attached Agreement for
Highway Construction Between the City of Farmington and Dakota County for State Aid Project
No. 19-631-26 (CSAH 31).
3) Depending upon Council's intent with respect to project financing, direct staff to proceed with
developing a project improvement schedule.
R~ec~full submitted,
,~/;} U
~\..:.-~
JOhn F. Erar
I City Administrator
File
Attachments
CSAH 31 PROJECT COSTS
TOTAL PROJECT COST
DAKOTA COUNTY/LAKEVILLE
PROJECT COSTS (FARMINGTON),
CONSTRUCTION
ENG/ADMIN/LEGAL
R.O.W. ACQUISTION
TOTAL EXPENDITURES - FMGTN
REVENUE SOURCES
MSA FUNDS
BOND ISSUE
NET BOND ISSUANCE COSTS
TOTAL
CSAH31.xls
$ 7,250,000
$ 4,537,566
$ 2,047,027
$ 372,907
$ 292,500
$ 2,712,434
$ 800,000
$ 2,039,205
$ (126,771)
$ 2,712,434
7/1/97
PROJECT STATISTICS
City of Farmington Project Cost
Construction
Eng/Admin/Legal
R.O.W. Acquisition
$
$
$
$
2,712,434
2,047,027
372,907
292,500
Percent of Land Area North of 195th 46%
Anticipated Assessment Income @ 35% $ 949,350
Household Equivalents (HHE) - Developed 2345
Est. Special Assessment (Lifetime) - Developed $ 404.84
Annual Assessment Cost (wINo interest) $ 26.99
Monthly Assessment Cost (wINo interest) $ 2.25
Percent of Land Area South of 195th
Anticipated Assessment Income
Assessable Acreage - Undeveloped
Assessment per Acre - Undeveloped
Estimated Number of HHE - Undeveloped
Assessment Per HHE - Undeveloped
Average Density Levels
54%
1,464,714
690-865
$1,693-$2,122
1,725-2,422
$604-$849
2.5-2.8
PROJECT FINANCING ANALYSIS
SPECIAL ASSESSMENT vs. TAX LEVY
CSAH 31
Financing Description
SCENARIO #1
SPEC ASSMT
SCENARIO #2
TAX LEVY
VARIANCES
INITIAL MSA DOWNPAYMENT
800,000
800,000
ANNUAL MSA DEBT SERVICE
79,500
88.000
8,500
TOTAL MSA FUNDS COMMITTED
2,072,000
2,120,000
48,000
PROJECT FINANCING SOURCES OVER 15 YEARS
Income Type Scenario #1 (SA) Scenario #2 (TL) Variance
SPECIAL ASSESSMENT INCOME 949,351 (949,351 )
TAX LEVY 950,000 950.000
SUPPLEMENTAL TAX LEVIES 673,750 673,750
DEBT SERVICE INTEREST 924,298 1,021,993 97,695
TOTAL MSA FUNDING $ 2,072,000 $ 2.120,000 48.000
TOTAL PROJECT COST 3,945,649 4,765,743 820,094
CITY OF FARMINGTON
PROPOSED CSAH 31 PROJECT
TAX IMPACT ANALYSIS
Proposed Tax levy = $1.623,750
Est. Annual Market Value Residential Homestead
Tax Capacity Tax Capacity S 80,000 $ 100,000 $ 120,000 S 150,000
Value wllncrease Rate Increase Tax Capacity Value
Year 15 Yr Term 2% 843 1.213 1,583 2,138
1998 5.617.584
1999 94.250 5,729.936 1,6449% 13,86 19,94 26,03 35.16
2000 96,250 5,844,534 1.6468% 13,87 19,97 26,06 35,20
2001 98.250 5,961,425 1.6481% 13.89 19,98 26,08 35,23
2002 100.250 6.080.654 1 ,6487% 13,89 19,99 26,09 35,24
2003 102.250 6.202,267 1,6486% 13,89 19,99 26,09 35,24
2004 104.250 6.326,312 1,6479% 13,88 19,98 26,08 35,22
2005 106,250 6,452,838 1,6466% 13,87 19,96 26,06 35.20
2006 108,250 6,581,895 1,6447% 13,86 19,94 26.03 35,15
2007 110.250 6,713,533 1,6422% 13.84 19,91 25,99 35.10
2008 112,250 6,847.804 1,6392% 13,81 19,88 25,94 35,04
2009 114.250 6,984,760 1,6357% 13,78 19.83 25.89 34,96
2010 116,250 7.124,455 1.6317% 13,75 19,78 25,82 34.88
2011 118,250 7.266,944 1.6272% 13,71 19,73 25,75 34.78
2012 120,250 7,412,283 1.6223% 13,67 19,67 25,67 34.68
2013 122,250 7.560,528 1,6170% 13,62 19.61 25.59 34.56
1,623,750 AVG Annual Increase 13,81 19,88 25.94 35,04
AVG Monthly Increase 1,15 166 2,16 2.92
1 5 Year Expense S 207,18 S 298.17 S 389.16 S 525,64
CSAH31_797,xls
7/2/97
,:a.,', I L) 1-
lM
JURAN & MOODY
A division of Miller. Jobnson II. Kuehn, Inc.
1100 MinDCSOta World Trade Center
30 East SeYcntb Slrect
Saint Paul, Minnesota 55101-4901
(612)224-1500 . (800) 9S0-4666
Fax (612) 224-5124
MEMORANDUM
Date: Wednesday July 2, 1997
To: John Erar, City Administrator
From: Tom Truszinski, Juran & Moody
RE: TH 31 FiDaDcing Analysis
City of Farmington. Minnesota
As per our recent telephone conversation. the following is my perspective on
special assessments to agriculture properties. I hope this information is of assistance.
Based on past improvement projects and dealings with bond counsel on these
matters, it is our undemanding the agricultural properties can have atl~ two
classifications that have an impact on special asscssmalt projects. These two
classifications include Green Acres and Agricultural Preserves provisions. It is our
underslanding that properties under the Green Aaes classification can have special
a&'!Iessments deferred with or without interest accruing on the balance. According to past
projects, it appears that the decision of the interest accrual or deferral is that of the City
Council. However, Minnesota Statule8 indicate clearly th.a1AgricultUIal Preserves
assessments must be deferred without the interem: 3Ca'Uing.
If you should have any additional questions or comments. please do not hesitate to
contact me.
Salnt PUll. MN . MltmcalloU.. MN . Saint Loui. Park. ),IN - Houston. TX - Cle-.aer FL
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'fla'''....,...~.....,,..,,..." - ....e,..,'"'e..,...~ -na-
.... ,!'-_, __I...i...___;.U i.i.u....J ;~ 0..
::. :.:. ~~dmi:::.s=~a-=c~~":'l__
FROM:
~aniel Siebenaler, Police C~ie:
SUBJECT:
CSAH 31 Issues
DATE:
?ebruary _, ::'997
Introduction:
At t.he regular City Council meet.ing c=
Courteau made t.wo requests or: staff.
st.atistics tor County Road 31, and 2)
obtaining a schematic ct proposed alignment.
'=-anuar,r :::'1, 1997, Sue
- \ ?rovide accident.
previde assistance :.n
~0 Coun~v Road ~:.
:)iscussion:
Sta~f has provided the acc:.aent i~format.ion as request.eo ny Sue
Courteau. For information purposes, those st.at.istics are included
here as well.
Year
Proper,:? Damaae
.~ccident Type
P""""'sonal =::~'..:""'"
-=:::~=i";-..f"
----........ -~
~:::.a ~
1995
1996
1997 (YTD)
24
24
25
34
31
4
o
9
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1993
1994
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The second request was tor assist.ance :rom engineering st.ar:= :.n
obt.aining a copy of the simulat.:.cn diagram e: ~~e croposed Ccunt.v
31 reconst.ruction/realignment..
Staff has been in contact. wit.h the ~akot.a Count.y Highway Depart.ment.
and has been informed that there is only one exhibit. available at.
this time. Dakota County is willing t.e present. t~is simulat.ion at.
any public meeting. They have provided. us 'IIi t.:: :::clcred. p::ot.c
copies of the computer simulat.ions. .~ddi~:..',:)nal ::~D:.es ~.vil::' :::e
ava~lable at. a cost. of $1.50 eac~.
Act.ion Reauired:
No act.ion required.
Information cn~y.
rt.espect.:::ully I __' I
~ ,\\ /1~_ '// I)
~~,~~~~k.
=aniel M. Siebenaler
C:-.ief of police
::::::: Sue Court.eau
CitIJ of Farminf/ton 325 Oale Street · FarminqtDn, MN 5502~ · (672) 463-7777 · Fa~ (6 72) ~63-2591
DAKOTA COUNTY
DEPARTMENT OF HIGHWAYS
AGREEMENT FOR HIGHWAY CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF FARMINGTON
FOR
STATE AID PROJECT NO. (SAP) 19-631-26
DAKOTA COUNTY PROJECT NO. 31-31
FARMINGTON PROJECT No. 95-12
TO
Cnstruct County state Aid Highway (CSAH) 31 (Pilot Knob Road)
from CSAH 50 to the north city limits of Farmington in accordance
with the plans and specifications for the above referenced
project located in Farmington, Dakota County.
County Project No. 31-31
June 5, 1997
THIS AGREEMENT, made and entered into by and between the County
of Dakota, hereinafter referred to as "the County"; and the City
of Farmington, hereinafter referred to as "the City", WITNESSETH:
WHEREAS, it is considered mutually desirable to construct CSAH 31
(Pilot Knob Road) from CSAH 50 to the north city limits of
Farmington in accordance with the Capital Improvement Programs
for the County and City; and
WHEREAS, the County and City will jointly participate in the
costs of said roadway construction, engineering, and right of way
acquisition as hereinafter set forth.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
1. Enaineerina. Engineering costs shall be split based on
the County's and City's share of the final construction costs.
The County will perform construction engineering for roadway
and storm sewer items.
Construction engineering for new sanitary sewer, water main
and services, lighting, and other municipal facilities will be
the responsibility of the City. Upon request by the County, the
City will be responsible for timely inspection of all underground
municipal utilities to facilitate mutual acceptance of the
co~pleted project by the City and County.
2
County Project No. 31-31
June 5, 1997
2.
Roadwav Construction Items.
Construction costs of the
following items shall be shared l.n the amount of 55% by the
County and 45% by the City:
a.) Clearing and grubbing;
b.) Removal and salvage;
c.) Grading, Base, and Surfacing;
d.) Curb and gutter:
e. ) Medians:
f.) Shouldering;
g.) Retaining walls:
h.) Turf establishment;
i.) Pavement markings and signing:
j.) Mobilization, field office and laboratory, and traffic
control;
k.) Sidewalks and bikeways;
1.) Mitigation required by state and federal permits for
damages occurring within Farmington;
m.) The County I s share of storm sewer and other drainage
facilities using state Aid sharing factors based on
contributing flows;
n. )
Replacing and restoring fences,
landscaping,
and
driveways;
0.) Centerline drainage culverts and bridges:
3
County Project No. 31-31
June 5, 1997
p.) Reconstructing or adjusting sanitary sewer, storm sewer
and detention ponds, watermains and appurtenances due
to roadway construction;
q.) Relocating or adjusting privately owned utilities when
not performed at the expense of the utility;
r.) Landscape plantings less than five feet tall; and
s. ) The County's share of water pollution control best
management practices, based on contributing flows,
meeting
National
Urban
Runoff
Protection
(NURP)
standards.
3.
citv Utilities.
Except as stated in sections 1 & 2 of
this agreement the City shall pay all other costs for new storm
sewer, storm water ponding and other drainage facilities, NURP
facilities, sanitary sewer and watermains and appurtenances
constructed as part of this project and shall be responsible for
their maintenance.
The City shall be responsible for the cost
and maintenance of roadway lighting.
4.
Bike Trails.
The construction cost of new bike trails
along CSAH 31 shall be shared in the amount of 55% by the County
and 45% by the city.
The bike trails shall be maintained in
accordance with the Maintenance Agreement for County Bikeway
Trails between the County and City dated September 21, 1994.
4
County Project No. 31-31
June 5, 1997
5.
Riqht-of-Wav.
The County will acquire all required
right of way for permanent and temporary highway, sidewalk, and
trail construction, wetland damage mitigation and banking, and
water pollution control best management practices for this
project.
The cost of acquiring highway right of way, including
right of way for drainage inlets and outlets and mitigation of
wetland damages occurring within Farmington, shall be shared in
the amount of 55% by the County and 45% by the city.
The County shall pay 55% of the eligible cost of obtaining
easements for NURP ponds and basins based on the County's share
of the contributing flow.
Upon completion of the proj ect, the
ownership of the drainage and ponding easements shall be
transferred to the city.
Right of way acquisition and costs for new sanitary sewer and
water main and appurtenances shall be the responsibility of the
City.
6. Plans and Specifications. The County will contract with
a consulting engineering company to prepare complete grading and
paving plans, storm sewer, and other municipal utility plans and
specifications consistent with State-Aid design standards and the
Dakota County Transportation Plan.
ci ty approval of the plans
and specifications is necessary prior to advertising for bids.
5
County Project No. 31-31
June 5, 1997
7.
Payment.
The County will act as the paying agent for
costs of acquiring new highway right of way and ponding easements
and for all payments to the Contractor.
Payments to the
Contractor will be made as the Project work progresses and when
certified by the County Engineer.
Upon presentation of an
itemized claim by one agency to the other, the receiving agency
shall reimburse the invoicing agency for its share of the costs
incurred
under this
agreement within
30
days
from the
presentation of the claim.
If any portion of an itemized claim
is questioned by the receiving agency, the remainder of the claim
shall be promptly paid, and accompanied by a written explanation
of the amounts in question.
8. storm Sewer Maintenance. Upon completion and acceptance
of the project, the City and County shall be responsible for
storm sewer maintenance in accordance with the Dakota County
Transportation Plan Policies.
9. Pavement Maintenance. Upon acceptance of the project by
the City and County, the County shall be responsible for all
pavement
maintenance
within
County
right
of
way
unless
necessitated by a failure of a municipal utility system or
installation of new facilities as described in the following
section 10.
6
County Project No. 31-31
June 5, 1997
10.
Subsequent Excavation.
After expiration of the
warranty period regarding repair, and after completion of the
project regarding installation, if excavation within the highway
improvements is necessary to repair or install water, sewer, or
other utilities, the city shall restore the excavated area and
road surface. If the City should employ their own contractor for
the above described water, sewer or other utility repair or
installation, the City shall hold the County harmless from any
and all liability incurred due to the repair or installation of
said water, sewer or other municipal utility.
Should the city
fail to have the highway properly restored, the Count~. Engineer
may have the work done and the City shall pay for the work within
30 days following receipt of a written claim by the county.
11. Rules and Requlations. The County and City shall abide
by Minnesota Department of Transportation, state Aid Rules.
12.
Traffic Control.
This project will require both
partial and total road closures with detours; however, the County
will keep the road open for access in at least one direction at
all times to local traffic and emergency vehicles.
The County
will notify the City at least two working days prior to a
scheduled complete road closure.
The County will try to reopen
the closed roadway as soon as construction allows.
7
County Project No. 31-31
June 5, 1997
13.
Indemnification.
The County agrees to defend,
indemnify, and hold harmless the City against any and all claims,
liability, loss, damage, or expense arising under the provisions
of this Agreement and caused by or resulting from the negligent
act or omissions of the County and/or those of its employees or
agents.
The City agrees to defend, indemnify, and hold harmless
the County against any and all claims, liability, loss, damage,
or expense arising under the provisions of this Agreement and
caused by or resulting from the negligent act or omissions of the
City and/or those of its employees or agents.
All parties to this agreement recognize that liability for
any claims arising under this agreement are subject to the
provisions of the Minnesota Municipal Tort Claims Law; Minnesota
statutes, Chapter 466.
14.
Waiver.
Any and all persons engaged in the aforesaid
work to be performed by the County shall not be considered
employees of the City and any and all claims that mayor might
arise out of said employment context on behalf of said employees
while so engaged, and any and all claims made by any third party
as a consequence of any act or omission on the part of said
employees while so engaged on any of the work contemplated herein
shall not be the obligation or responsibility of the city. The
County shall not be responsible under the Worker's compensation
Act for any employees of the city.
'J:21.3lAGRl
8
County Project No. 31-31
June 5, 1997
IN WITNESS THEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officials.
CITY OF FARMINGTON
RECOMMENDED FOR APPROVAL:
By
Public Works Director
Mayor
APPROVED AS TO FORM:
( SEAL)
By
city Clerk
city Attorney
Date
--------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Physical Development Director
County Engineer
Date
APPROVED AS TO FORM:
County Attorney
COUNTY BOARD RESOLUTION
No.
Date
APPROVED AS TO EXECUTION:
County Attorney
9
~b
FROM:
Mayor and Counc~l.~
City Administrato;"
David L. Olson
Community Development Director
TO:
SUBJECT:
Industrial/Commercial Parkland
Dedication Requirements
DATE:
July 7, 1997
INTRODUCTION
The Council has previously requested that we compare our current requirements for Commercial /
Industrial (CIl) Parkland Dedication and make recommendations for any needed changes.
DISCUSSION
Staff has reviewed the information collected from other cities in our part of the Metropolitan area
and a copy of this is attached. Based on this information, it is the recommendation that we amend
our parkland dedication requirements for CIl development from :
5% of Land or $500 per acre (for the area of entire plat)
to
5% of Land or Fair Market Value (on the land percentage which is 5%)
It is suggested that the Fair Market Value would be determined by the County Assessor. This is
similar to the requirements in the cities of Lakeville and Burnsville. An example of the difference
in the amount of the cash dedication for a five acre site valued at $20,000 per acre is as follows:
Current Requirement ($500 per acre)
$2,500
Proposed Change (5% of Fair Market Value)
$5,000
It is important to keep in mind that when attempting to attract new business and industries to
Farmington, incentives may be offered which may include a reduction or elimination ofthe
parkland or cash in lieu dedication requirements.
Cit1/. of Farminf/,ton 325 Oak Street · FarminfJtonl MN 55024 · (672) ~63-77 7 7 · Fax (672) ~63.2597
BUDGET IMPACT
Any increase in fees for the development of parks would aid in the development of new parks.
ACTION REOUESTED
Adopt a resolution amending the Parkland Contribution for Commercial/Industrial Zones for cash
contributions to be equal to the Fair Market Value of Land Dedication Requirement (currently 5%)
and that the Fair Market Value be determined by the County Assessor.
Respectfully Submitted,
O//d
David L. Olson
Community Development Director
Park Dedication Fees - Surrounding Cities
Residential Industrial
City % of Land Cash / Acre % of land Cash / Acre
Apple Valley 10% $20,000
Eagan 10% $1042/ lot single $3200/ acre
$1038/ unit duplex
$777 / unit quad.
$772 / unit apart.
Farmington 12.5 % $15,000 5% $500 / acre
Lakeville 10% $900/ unit 5% Fair Market
Prior Lake 10% $850 / unit 10% $850 / sac unit
Rosemount 10% $900 / unit $llOO / acre
Savage 10% $1000 /lot 7% $2800 / acre
!3/ArI/5v.-I/c $850 / unit multiple .$-<>10 F..:.- f"7.,rk~+
Neighborhood Park Distances - Surrounding Cities
Apple Valley
1/2 mile radius
Burnsville
1/2 mile radius
Eagan
1/2 mile radius
Lakeville
1/2 - 3/4 mile radius
Prior Lake
No policy but use 1/2 mile radius
Community Park 1/2 - 3 mile radius
Rosemount
1/4 - 1/2 mile radius
Mini Park - 1/4 mile radius
Community Park 2 - 2 1/2 mile radius
Savage
1/2 mile radius
National Standard is 1/2 mile radius
pdedl
~L
TO:
Mayor, Council Members, City
Administrator~
/
FROM:
Lee M. Mann, P.E.,
Director of Public works/City
Engineer
SUBJECT:
Draft Alley Dust Coating Policy
DATE:
July 7, 1997
INTRODUCTI:ON
At the June 16, 1997 Council Meeting, Council requested that staff put together a
draft policy for the dust coating of alleys.
DISCUSSI:ON
Draft Alley Dust Coating Policy
All requests by residents for dust coating of an alley shall be reviewed by the
City Engineer subject to the following criteria:
1. A permanent change condition that increases the dust in an alley shall be cause
for consideration. It is incumbent on the resident to provide documentation
regarding the change condition.
2. A temporary change condition due to construction in the area of an alley that
increases dust in the subject alley shall be cause for consideration.
3. An increase of dust due to speeding vehicles will not be cause for
consideration and may result in speed enforcement in the subject alley.
4. If there is no change condition, the dust coating of an alley will be approved
if the residents along or abutting the alley agree to pay for the costs
associated with the dust coating.
S. The resident may appeal any denial for dust coating by the City Engineer to the
City Administrator. The Administrator shall issue his/her decision within 10
business days of the appeal, considering all of the facts provided with the
request for dust coating the subject alley. The decision at this level of
appeal will be the final administrative decision. A citizen may appeal the
administrative decision to the City Council.
BUDGET IMPACT
The dust coating of a SOO-foot long alley will cost approximately $200, based on
current cost estimates. Dust coating of approved alleys would be financed by the
Road and Bridge Fund.
Citlj of Farminf/.ton 325 Oak Street · FarminfJtonJ MN 5502t, · (672) 463-7771 · Fax (612) t,63-2591
ACTION REOUESTED
Council consideration and approval of the draft policy is requested.
~C};i~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
q~
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Curb Breaking Permit Violation -
Industrial Park
DATE: July 7, 1997
INTRODUCTION
An issue involving the authority of the City to enforce the City Code as it relates to public rights-
of-way management is in question. A local business, C.G. Construction, located in Phase I of the
Industrial Park was cited by the Farmington Police Department for curb breaking without a
permit on May 22, 1997.
DISCUSSION
Curb breaking in the City's public right-of-way requires a contractor to first obtain a permit, post
surety and be inspected by engineering staff. Chapter 1, Section 8-1-4 of the City Code sets forth
the requirements and conditions of this type of activity.
In the case involving C.G. Construction, a permit was not obtained by the business owner prior
to breaking the City curb. Accordingly, the City did not receive a surety and an inspection was
never conducted. The business owner, Mr. Garvey, is or should be very familiar with City
requirements as he is a contractor performing a variety of concrete-related work throughout the
City.
City staff held a meeting with Mr. Garvey prior to the work being performed, I was in attendance
at that meeting, and these requirements were explained. Staff also completed the permit for Mr.
Garvey and left a verbal message at his business that the permit was ready to be picked up. The
permit was never obtained by Mr. Garvey. The City Engineer also left numerous messages for
Mr. Garvey-none of which were returned.
A visual inspection of the curb by engineering staff indicates that the curb work performed by
Mr. Garvey does not meet City specifications or standards. Attached is a memo from Mr. Mann
describing his assessment of the curb work. What is most disturbing about this situation is the
fact that this appears to be a willful violation of City ordinances by the business owner. City staff
made every effort to work with the business owner to no avail.
The current situation has, unfortunately, become more complicated and disturbing with respect to
the legal avenues already explored by the City. Attached is a copy of a memo written by Ms.
Rossow from the City Attorney's office. Ms. Rossow vividly describes the attitude displayed and
comments made by District Court Judge Thuet in this matter. It is unfortunate that Judge Thuet
Citlj of Farminf/.ton 325 Oak Street · Farmintjton, MN 5502~ · (672) 463-77 71 · Fait (672) ~63-2591
Mayor and Council
Curb Breaking Permit Violation
Page 2 of 4
has chosen to treat this City issue in such an intolerant manner. The following issues are
presented for Council consideration and discussion.
1) According to City engineering review, the driveway approach installed by Mr. Garvey does
not meet City standards and will need to be replaced. Given that no permit was obtained, no
pre-inspection was performed and no surety was posted by the property owner, consequently
the City will have the expense of replacing the driveway approach with curb and gutter. The
City Attorney's opinion is that the City has the right to remove the non-compliant driveway
and replace it with curb and gutter. (Attached)
2) It is staff's opinion that the City should make the Court aware of its displeasure with the
manner in which Judge Thuet handled this situation, and the fact that his actions jeopardize
the City's abilities to enforce local ordinances. This situation has been discussed with League
ofMN Cities Chief Counsel, Mr. Tom Grundhoeffer, and he concurs that the City should
note their concerns on the Judge's action and file it with the District Court. It would be
appropriate to file a public comment with the Chief Judge informing him of this situation and
requesting his review.
3) In the attached statement written by Ms. Rossow describing the arraignment proceedings,
Mr. Garvey conveyed the following information to the District Court Judge:
a) that he obtained a curb breaking permit when he originally constructed his facility
for his first driveway. A thorough search of City records indicate that no curb
breaking permit was ever issued or obtained by Mr. Garvey. This suggests again that
Mr. Garvey failed to observe City ordinances regarding the construction and
inspection of his original driveway entrance. This issue will need to be explored
further with the City Attorney's office regarding possible actions the City may take in
this situation.
b) that the former City Engineer had indicated that removal of the fire hydrant in the
City right-oi-way would be paidfor by the City. Council may recall this issue and
copies of official City minutes that clearly indicate that the fire hydrant expense
would, at the most, be a shared cost. In any case, the City and Mr. Garvey agreed that
the hydrant would not be moved due to the prohibitive expense of moving it. Further,
the fire hydrant has no relevancy to the issue of curb breaking since the driveway
entrance installed by Mr. Garvey is to the north of the existing hydrant.
c) that the Mayor had inspected the driveway and rebuilt curb. The City Code does not
allow the Mayor or/any other elected official to inspect public improvements. That
responsibility, by law and City Code, is the responsibility of designated, trained staff.
The Mayor further indicates that he never went out to the site to inspect anything
relating to Mr. Garvey's driveway entrance.
d) Finally, Council may wish to consider the issue and a policy of whether it is in the
City's best interests to transact any type of business with any person or business
entity who knowingly violates or is in violation of any City ordinance.
4) Another issue would be cost recovery for the removal and replacement of the driveway
approach in the City's right-of-way. As Mr. Garvey never obtained a permit, no surety was
ever received. The City's options are limited to specially assessing the costs against the
Mayor and Council
Curb Breaking Permit Violation
Page 3 of 4
property or choosing Conciliation Court. If special assessment is chosen, this would require
the City to undergo procedures pursuant to M.S. 429. Special assessments would be the
preferred method of recovering costs.
5) While either one of these actions mentioned in No.4 appear to be somewhat severe to
enforce a $50 permit requirement, there are several substantive issues which need to be
addressed which justify this type of action.
. The enforcement of City Ordinances, which are essentially Council
Policy directives, is a primary staff administrative and operational
responsibility.
. The ability to enforce and protect rights-of-way management
within the local government jurisdiction is in question.
. If the City does not pursue appropriate enforcement of code
violations, how should the City handle other similar type
violations?
. As City ordinances are essentially Council policies reduced to
written City laws, Council may wish to consider how failure to
pursue enforcement now will affect future long-term policy
decisions.
. If the City does not actively enforce City Code violations, the
implications could be severely negative in the community
development area.
BUDGET IMP ACT
According to engineering estimates, the cost to remove the driveway approach in the City right-
of-way and replace with curb and gutter is approximately $1,500. This amount could then be
specially assessed against the property or filed in Conciliation Court.
ACTION REQUESTED
Consideration of the issues presented with the following actions.
1) Affirm staff's intent to remove Mr. Garvey driveway approach and replace with curb and
gutter. The cost of this remedial improvement could be specially assessed under M.S. 429
against the property or a claim filed in conciliation court.
2) Direct the administrator to file a Public Comment Form with the District Court on the City's
concerns with Judge Thuet's dismissal of the curb breaking permit violation. In addition,
notify the Court of all circumstances and facts surrounding Mr. Garvey's permit violation.
3) Confirm in all such cases, as allowed by law, that willful violations of City Code will not be
tolerated and that all such violations will be pursued in accordance with stated ordinance
procedures for non-compliance.
Mayor and Council
Curb Breaking Permit Violation
Page 4 of 4
4) Consider a policy that would make person(s) or business entities who are in willful violati~
of City Code ineligible to transact business with the City on any other project as may allowed
by federal and state laws.
City Administrator
Attachments
Cc: Colin Garvey, e.G. Construction Co., Farmington, MN 55024
TO: City Administrator
FROM: Lee M. Mann, P.E.,
Director of Public Works/City Engineer
SUBJECT: Curb Breaking Permit Violation -
Industrial Park
DATE: July 7, 1997
INTRODUCTION
Mr. Colin Garvey, a business owner in the Industrial Park, has installed a driveway without
obtaining a curb breaking permit as required by City Code.
DISCUSSION
On April 14, 1997, Mr. Garvey, you, Lee Smick and I had a meeting that included a discussion
about Mr. Garvey adding a driveway for his property in the Industrial Park. At that time, Mr.
Garvey was informed that he would need to obtain a curb breaking permit in order to install an
additional driveway. Mr. Garvey asserted that he had already pulled a curb breaking permit the
previous fall (1996). I told him that I would look into the situation and if a permit had already
been pulled he would not have to pull another one. After the meeting, I went through the files
and did not find any record of a curb breaking permit for his proposed driveway or the driveway
previously installed. I then filled out a curb breaking permit form and calculated the required
surety based on the driveway size that Mr. Garvey had proposed in our meeting. The next day, I
had one of our secretaries call Mr. Garvey to let him know that the permit was ready. Our
secretary relayed that message to his secretary. Mr. Garvey never came in to pick up the permit.
Several weeks later, it was observed that Mr. Garvey had installed a driveway to his property.
The driveway was installed without a permit, without inspection by the City and the driveway
does not meet City Standards.
On May 12, 1997, Mr. Garvey was sent a letter requesting that he remove the driveway and
replace the previously removed curb or face the possibility of criminal charges as outlined in the
City Code. Mr. Garvey declined to remove the driveway, and subsequently on May 22, 1997,
Mr. Garvey was ticketed for the violation.
On June 4, 1997, Mr. Garvey appeared in court for the violation and as outlined in the attached
letter, the judge continued the case for dismissal, which means that as long as Mr. Garvey does
not build another driveway without a permit during the next six months, the current violation will
be dismissed.
CitlJ. of FarmintJton 325 Oak Street · FarminlJton, MN 5502~ · (612) ~63-7111 · Fax (612) ~63-2591
In light of the result obtained from the court system, it appears that there are two options open to
the City to deal with the situation. One is to drop it and deal with the future consequences of not
enforcing the code, mainly the possibility of having more code violations because it will be known
that the City does not enforce its Code concerning curb breaking permits. The second option is
for the City to remove the driveway with its own resources and replace the curb. The City
Attorney has submitted an opinion on this second option and it has been determined that the City
has the right to exercise this option.
BUDGET IMPACT
It is estimated that removal and replacement of the curb at Mr. Garvey's property could cost
approximately $1500. Quotations would be solicited for the work and would determine the actual
cost. The cost of the work could be recovered through the MS 429 (assessment) process,
conciliation court or Mr. Garvey could be held accountable for the costs before he would be able
to have any further interaction with the City.
RECOMMENDATION
As Mr. Garvey was provided with all the information he needed to construct his driveway, I
would recommend that the City go ahead and remove the driveway and replace the curb to its
original condition.
Respectfully submitted,
~/J1~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
Colin Garvey
8-1-1
8-1-4
CHAPTER 1
STREET SYSTEM
SECTION:
8-1-1:
8-1-2:
8-1-3:
8-1-4:
8-1-5:
Establishment of Department
Council to Manage System
Street Supervisor
Street/Curb Breaking Permits
Boulevards; Allowable Uses
8-1-1: ESTABLISHMENT OF DEPARTMENT: There is hereby
established a City Street Department. The City street system
as it now exists or hereafter enlarged or extended shall be operated and
maintained under the provisions of this Chapter subject to the authority of
the Council at any time to amend, alter, change and repeal the same. (Ord.
086-184, 1-17-86)
8-1-2: COUNCIL TO MANAGE SYSTEM: The Council shall have
charge and management of the street system, subject to such
delegation of their authority to City employees. (Ord. 086-184, 1-17-86)
8-1-3: STREET SUPERVISOR: The City Council shall, from time to
time, appoint a person to serve as Street Supervisor to
enforce all regulations pertaining to the street system in accordance with
City ordinances. (Ord. 086-184, 1-17-86)
8-1-4: STREET/CURB BREAKING PERMITS: No person shall
break into, cause an opening or repair to be made in a curb,
the surface of any street, sidewalk, bike trail, or driveway within the street
right of way unless a permit has been approved by the City. (Ord. 090-236,
7 -2-90)
795
(A) Application: The application for permit setting forth legal description
of the adjacent property, the name of the owner, the name of the
person or firm performing the work, the reason for the street/curb
breaking, the name of the street involved, and amount of fee and
surety deposit as set forth in this Chapter.
(B) Minimum Standards: All work associated with the street/curb
breaking shall be performed under the direction and supervision of
the Street Supervisor. The following minimum design standards shall
be met or exceeded.
1. Driveways: Driveways shall be installed with a three foot (3')
apron and substantially match existing curb.
2. Existing Surface: Existing surface shall be saw cut or jack
hammered to ensure a straight edge.
3. Open Cut: No open cut shall be allowed under the curb and gutter
unless the curb and gutter are removed and replaced after
restoration.
4. Restoration:
(a) Fill Material: Materials removed during excavation except
that no bituminous materials shall be included.
(b) Compaction: Mechanical compaction in six inch (6") to twelve
inch (12") lifts as determined by the City Engineer.
(c) Base: Eight inches (8") of aggregate base material which
meets or exceeds MnDOT specification Class V.
(d) Concrete: If the existing street is constructed with a concrete
base, the restored base shall include a concrete patch which
matches the existing concrete.
(e) Bituminous: Three inches (3") of bituminous surfacing.
5. Safety Measures: All work and excavation shall be protected by
barricades, warning markers and lights reasonable and suitable to
the purpose. The City shall be held harmless of any claim or loss
that might arise from damage, loss or injury caused by or arising by
reason of such work being performed.
795
City of Farmington
8-1-4
8-1-5
(C)
Fees; Surety: The fees and surety deposit shall be set from time to
time by resolution of the City Council.
(D) Issuance: Permits may be issued by the Street Supervisor.
(E) Time Limit:
1. The work shall be completed and accepted by the City within sixty
(60) days of issuance of the permit.
2. Failure to meet the time requirement will constitute grounds for
forfeiture of the surety.
(F)
Penalty: Any person violating the provision of this Chapter shall be
guilty of a misdemeanor. (Ord. 086-184, 11-17-86)
8-1-5:
BOULEVARDS; ALLOW ABLE USES:
(A)
No person shall install any structure or improvement or plant any
materials in the City boulevard except as follows:
1. Street trees as allowed under Section 2-9-11;
2. Sidewalks meeting minimum and maximum City design standards;
3. Driveways meeting minimum and maximum City design standards;
4. Annual or perennial flowers, shrubbery not exceeding three feet
(3') in height;
5. Split rail fences;
6. Planters not exceeding two feet (2') in height or closer than three
feet (3') from the back of the curb or paved surface;
7. Underground sprinkler systems;
8. Boulevard sod as specified in subsection 11-5-3(F);
9. Decorative rock and tree bark.
(B) "City boulevard" shall be defined as the area between property lines
on either side of all streets, avenues or ways within the City.
795
:'L~E:);'
May 12, 1997
Mr. Colin Garvey
C. G. Construction
21080 Eaton Avenue
Farmington, MN 55024
RE: Curb Breaking Permit for Driveway Construction
Dear Mr. Garvey,
We have researched our files and we do not have a curb breaking permit on file for your recen
completed driveway at 21080 Eaton Avenue. As you are aware from previous letters and meetings,
Permits are required for the removal and/or repair of any and all existing
City infrastructures per Section 8-1-4 of the City code. The permit
applications shall be submitted to the City Engineer for review.
No person shall break into, cause an opening ~r repair to be made in a
curb, the surface of any street or boulevard, sidewalk, bike trail, or
driveway within the street right of way unless a permit has been approved
by the City. (Ord. 090-236, 7-2-90)
Violation of this ordinance is a misdemeanor punishable by up to a $700 fine and/or up to ninety
days in the County jail.
Since you have installed the driveway without a curb breaking permit, no City inspection occurred,
and the driveway does not conform to City standards for commercial driveways, you are required
to remove the driveway and replace the curb by May 19, 1997. If you fail to remove the driveway
by May 19, 1997, you may be criminally charged for this City code violation.
eug. o.t ~a"milf,g.to.lf, 325 (!'.afl St"eet. :Ja",nin9ta.n., Jro\: 55('2-1- · (612) 463.7111 .:J.aa. (612) 463.2591
~~
Please call if you have any questions regarding what must be done to be in compliance with the
City code.
Sincerely,
~)11~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
. LMM/ll
cc: file
John Erar, City Administrator
. Dave Grannis, City Attorney
i
LAW OFFICES
GRANNIS & GRANNIS, P.A.
DAVID L. GRANNIS
JOYCE M. GRANNIS
MELISSA A. Rossow
412 SoUllMEW BOULEVARD
SUITE 100
SOUTH ST. PAUL, MINNESOTA 55075
TELEPHONE: (612) 455-1661
FAX: (612) 455-2359
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,," ,.f 0' .-RUBY E. OcR
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. ."l;!;GAL ASSISTANT
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June 6, 1997
Lee Mann,
Ci Engineer
Farm' gton City Hall
32 Oak Street
~armington, MN 55024
J U N 9 199'7~'
.; -
RE: Colin Garvey
~~~ U.S. Mail
Dear Lee:
This letter is a summary of what happened at the hearing
regarding Mr. Garvey yesterday. As I informed you during our.,..
telephone conversation this morning, Mr. Garvey and I met prior
to his arraignment in an attempt to settle this matter. As, >,"
requested by you, I offered to continue the matter for dismissal
for a period of one year on the conditions that Mr. Garveypul.J,. a
permit and tear up the existing driveway and replace it correCtly
within a reasonable period of time. If he met those conditions
and had no same or similar incidents during the next year, th~
misdemeanor would not go on his record. We argued for a while to
the point that it was getting hostile. I gave him two options:
he would either take my offer or we would set the matter on for
trial.
Mr. Garvey stated that he would rather set the matter on fori::
trial than make any deals with the City when he knows he did':
nothing wrong. We appeared before Judge Thuet to pick a tr.ial
date. Judge Thuet asked us if we had resolved the matter a.ri<;LI
indicated that we had not resolved the situation and we needed to
select a trial date. He asked what this was all about and~lQoked
at the ticket and read stated, "Curb breaking without a permr~?
You must be joking!" Mr. Garvey broke in and rattled on aboil,t::
the fire hydrant. I responded by telling Judge Thuet that the
fire hydrant had nothing to do with this situation and explained
that Mr. Garvey had broken a City curb without a permit and"
poured a driveway without inspection in violation of a Farm1ngton
City Ordinance which is a misdemeanor. The Judge respondecffry
saying, "this is ridiculous, I am not going to waste the c(i>iirt' s
time. I refuse to set this on for a trial." ..
I again explained the situation and Mr. Garvey explained his side
of the story. Judge Thuet asked Mr. Garvey if he had pulled a
permit. Mr. Garvey told the judge that he did not pull a permit
and explained that he had a permit to break the curb for his
)'~9ther driveway last year and he would have installed this
driveway if the fire hydrant had been moved. He told the Judge
that Tom Kaldunski represented to him that the fire hydrant would
be moved at the City's expense so he could install his driveway
in that area. Mr. Garvey informed the Judge that he brought the
Mayor out to his site and that the Mayor had inspected the
driveway and rebuilt curb.
The Judge turned to me and asked what was wrong with the driveway
or the curb. I told him about the incorrect tapers and the fact
that we would have no way of knowing what was under the cement
for a base. Judge Thuet asked Mr. Garvey what he used for a
base. Mr. Garvey told him that he was a cement contractor and
did everything properly. He toldt.he Judge exactly what was
under the cement.
Judge Thuet asked me why I thought Mr. Garvey would install a
driveway improperly on his own property if he does this for a
living. I responded by stating that we have no way of knowing
what procedures he used or what was used as a base since there
were no inspections. The judge asked me what the City wanted
from Mr. Garvey. I recited the same proposal that I had offered
M'r.- Garvey. The Judge told me that it was ridiculous to make him
tear up the driveway.
.0 c; ~.. ,.:
dJdg.e.....Thuet told me prior to his decision that I should tell the
--l'. ,,-:' .
c~tY'that he "was doing this on his own." At that time he told
Mr'. Garvey that he was. continuing the matter for dismissal for a
period of six months on the condition that he has no same or
sImilar incidents. I asked for a fine or costs. Judge Thuet
asked, "fine him for what. II I responded that Mr. Garvey violated
a City Ordinance.
That afternoon I had some unrelated matters before Judge Thuet
and'I;was discussing those matters with him and other attorneys
th~t:were in his chambers. Judge Thuet brought up the issue with
me~~rr the presence of another municipal attorney. I told him
again that it is a violation of a City Ordinance which is a
m;$de~eanor. We discussed the situation again and I could not
cqnvince him of the importance. The municipal attorney that was
seated next to me told me that things like this have happened to
h:ttrf .>
Thet-e^'is nothing an attorney can do once a Judge says that he or
she iifuses to set a matter on for a trial and sentences the
d~ieRdant. I did everything I could think of to make Judge Thuet
uriderptand the violation and that it was not something that
shorild be dismissed.
2
As I informed you earlier, I clerked for another Dakota County
judge who had the same view. Every day they see people involved
in DWIs, 5th degree assaults, burglaries, murder and mayhem. :.G"I>
them, curb breaking without a permit seems to be insignificant~On;
I got the impression that Judge Thuet thought the matter was ~a'I'A;,i
taken care of because the curb was replaced with a dri veway to':t:~
Mr. Garvey's property. I had a feeling that once 'we were'c '1:1I'c!'~',<,~,
~ront of a judge this wou~d get contin,;,-ed for dismissat,~ap9-!'~!t, .
1nformed you of that feel~ng when we d~scussed our opt1on~~~fore'
the hearing. ,.
h.l"
, t~ f""";\ i -~~:_~ ;' - ,~;::r ':::
As we discussed, you may write Judge Thuet a letter explaih~~:XQ"
him that violations of City ordinances should not be' taken,!~L:;'l,~' '.\~,i,;
lightly. It appears that most Judges do not understand that
concept. ' ~
It is my understanding that feelings are bitter to the point that
the City is considering tearing up Mr. Garvey's driveway a,s;"i't;"'riEEf
located on a public right-of-way. While I agree thatthe:;t=it~_<\>
has the right to tear up the driveway, I think that' 'we s,hduld>';'i:i:,r
consider the ramifications of such an act. 'H~~F!r'1.t.
"Y'r ,i;;:}
"
Please feel free to call me with any questions or concerns.
"C.i"~
:f~}J;;,
'4rl'-c:),--r-,.
~ lo"l <~ ;I,
Very truly yours,
GRANNIS & GRANNIS, P.A.
,~--~-
m IJ .~
By: '1it 1J;nC(j). f2c1Q~
lissa A. Rossow"
cc: John Erar, City Administrator
by mail only
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a'O: . L..HalUl
FROML. >..11811& ROSSOW
DATE: Jun. ~3, 1997
RE,:. ,. C~1:I.D, GaJ;'vey' 8 D~i 'Vevay
-=
%~, ::_~J'l'*ODU~TIOlt .. ,-
sinoe the court continued for dismissal the city's ordinance
v^~.91a,~1~n 4?i tation. regarding Mr. Garvey breaking the curb without
a'''Petmit~,'' 1t.has ,been discussed whether the cit.y should take out
Mr. GarV~Y"s improper driveway and replace it with a proper curb.
II. DoB8 Tn CXTY HAVE 'l'HB RIG" '1'0 RBMOVll TJlB DR1:VBWAY'l
::'f;. YES'. The driveway lies within the public right-ot-way.
Further~~ it was installed without following the City ordinance
which clearly sets forth guidelines and specifioations. Mr.
Garvey. ,.ne.yer pulled a penni t and never posted surety. The
driveway was never inspected during the installation therefore it
is unknown if it was installed properly. Visibally, the tapers
are not cat the proper angle and the joints properlY placed.
11%. ~T ~~. ~ RAKY~XCATION8 1:. TBB cr~Y REMOVER THI DRXVEWAY?
There are basioally three ramifications; legal claims by Mr.
Garvey, political and economics.
a. L8C)a1 Claims by Kr. G~ey - First, Mr. Garvey may
have a claim of inverse condemnation. This occurs when a
governmental unit restricts a landowner's use of property
through regulation without exercising its power of eminent
,--~, domain and without paying c03Ilpensation. Simply stated, Mr.
Garvey may sue the City to pay him just compensation for
removing his driveway. The courts look at whQtheJ:' tne
action of the qovernmental unit does not benefit the public
and whether the magnitude of the injury to tohe owner is too
great. This olaim is not very strong; it is clear that
there is no takinq involved here.
b. Political - Second, Mr. Garvey may oall the Mayor and
council Members and generally broadcast the city's actions.
o. 10021O.ioll - Third, there will be a cost to the city for
tbe removal ot the driveway and the replacement of the curb.
IV. an_ary-
To s11mmarize, the city has the right to remove Hr. Garvey's
driveway. The driveway is in the public right-of-way and it was
installed improperly. The nega.tive aspects of removinq thca
driveway and replacinq the curb is the expense to the city, the
politics, ana the possibility of Mr. GarveY l1\8.king a legal claim.