HomeMy WebLinkAbout12.16.96 Council Packet
AGENDA.
COUNCIL ME~J:-'
. . . REGO'W,,-.
DECEMBER -1Eip;1:9~~:
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 tne.agenda.)
5. CONSENT AGENDA (All items approved -in 1 :rnbtion unless
anyone wishes an item removed f-or d~cus~i6i1)
a.
Approve Minutes - 11/20 (Spe-cial).,' 1:2/2 (Regular),
12/4 (Truth in Taxation). .
Adopt Resolution - Request Additional SCEB. F'u.tldfl -- City Hall ADA
Requirements ' ;,. .,..
Approve Capital Outlay Request - Ice. Skid Unit - Rescue Squad, .
Approve Capital Outlay Request Mobil Radio - Rescue Squad
Approve Capital Outlay Requ.est - Carbon Monoxide Detec~or -- Fire
Receive Update on Met Council Projected Sewer Flowa ;
Set Workshop Date - Restorative Justice
Recommendation for Hire - Custodian position
Accept Resignation - Economic Development/HRA Director
Wausau Fence Completion
Toys for Tots Update ,...
Adopt Resolution Opposing TH 3 Speed Limit Increase
Approve Release of Liability - Sewer Backpp Claim, _
Approve School/Conference Request- - -City Ertgineerc6riference
Adopt Resolution Approving COLA Increase;for Non Ba.1'!'ga:I:hing
Employees
Adopt Resolution Accepting. Easem~t. for,47;j;'q;.;I;I:ie>'Cr~:~k-4t"li;:
Approve Payment of Bills
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
1.
m.
n.
o.
p.
q.
6. PUBLIC HEARINGS/AWARD 9F CONTRACTS
1.'
a.
b.
c.
Continued -
7:30 P.M.
7:30 P.M.
Truth in Ta.xat;on Hearing/~40~~ 1~97 ~~dget
. .
- MUSA Expansion Comprehensive F+~n Amendment
- Cameron W'oo@.s BUD Zoning Ord~nance Amendment.
7.
PETITIONS, REQUESTS ANDCOMMmitCATIONS
8.
NEW BUSINESS
9. UNFINISHED BUSINESS
Amendments to
agreements with Wenzels and with Wate:r Board Approved
.~.
10. REPORTS FROM COMMISSIONS, COMMITTEES, ...cOONCILM;EMBERS
'\" ,.,
11. ROUNDTABLE
a. Snow Plowing Concerns
12. ADJOURN
,..,
TO:
Mayor and Councilmembers
FROM:
John F. Erar,
City Administrator
SUBJECT:
Supplemental Agenda Items,
DATE:
December 16, 1996
It is requested that the December 16, 1996 agenda be updated as follows.
Add the following items:
Item 5j - Wausau Fence Completion - The following additional information is
attached: 1) a legal opinion from Attorney
Grannis on the fence completion; and 2) a letter from Mr. J. F~uchtman, the
attorney representing Mr. Ristow in litigation pending against Distributors Real
Estate, Inc., and the City of Farmington, noting M~. Ristow's opposition to the
fence completion.
Item 50 - Resolution Approving COLA Increase - The proposed resolution ,approving
the increase was not included in the agenda packets'. It is attached
for review and adoption.
Item 9a - Revised Agreements for Water Reservoir Site - Attorney Grannis has
forwarded 1) a revised purchase agreement between the Wenzels and the
Water Board; and 2) a revised agreement between the City and Water Board relating
to the land purchase and repayment of the pUFchasepriceto the Water Board'by
the City.
It is recommended that these additions be included in the Agenda.
Respectfully submitted,
#d-I "ill, V"
,/_/l ,~
-- / - ,?'tL..-)
/John F. Erar
City Administrator
CitlJ of FarminiJton 325 Oak Street. FarminfJton} MN 55024 · (612) 463.7111 · Fax (612) 463.2591
MINUTES
COUNCIL MEETING
SPECIAL
NOVEMBER 20, 1996
50-
-\
1. Acting Mayor Galler called the meeting to order at 6:45 P.M..
Members Present: Kuchera, Ristow, Gamer, Fitch, Galler.
Members Absent: None.
Also Present: City Administrator Erar.
1. The special meeting of the City of Farmington Canvassing Board for the recount
of ballots cast in the General Election held November 5, 1996 was called to order by
Mayor Kuchera at 6:45 P.M.
2. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R120-96 accepting the
results of the recount of ballots cast in the General Election of November 5, 1996.
VOTING FOR: Kuchera, Galler, Gamer, Fitch. ABSTAIN: Ristow. MOTION CARRIED.
3. There being no further business, a motion was made and seconded to adjourn at
6:50 P.M..
Respectfully submitted,
Karen Finstuen
Administrative Assistant
5t
COUNCIL MINUTES
REGULAR
DECEMBER 2, 1996
--2.
1. Mayor Kuchera convened the meeting at 7:00 P.M..
Members Present: Kuchera, Ristow, Gamer, Fitch, Galler.
Members Absent: None.
Also Present: City Administrator Erar, Attorney Grannis.
2. Mayor Kuchera led the audience and Council in the Pledge of Allegiance.
3. MOTION by Galler, second by Gamer to approve the agenda with the following
changes:
a) Remove Item Sa - November 6, 1996 (special) minutes - for abstention.
b) Add Item 11b - Snowmobile Concerns - to Roundtable.
c) Add Item 11c - Pine Knoll Sewer Hookups - to Roundtable.
APIF, MOTION CARRIED.
4. Citizen Comments
Henry Iwerks: Noted that taxpayers are in a conservative mood and Council should
take heed of events in which elected officials were voted out of
office.
5. MOTION by Ristow, second by Gamer to approve the minutes of November 6, 1996
with the correction that Member Ristow abstained from the vote. VOTING FOR:
Fitch, Ristow, Gamer, Kuchera. ABSTAIN: Galler. MOTION CARRIED.
6. MOTION by Galler, second by Fitch to approve the Consent Agenda as follows:
a) Approve minutes of 11/13 (Special) and 11/18 (Regular) Council meetings.
b) Approve 3.2 Beer Licenses for Tom Thumb Superette, Budget Mart (8th Street),
Budget Mart (Pilot Knob Road) and Kwik Tripi Arcade Licenses for Farmington
Lanes, Farmington Billiards and B&B Pizzai Billiard License for Farmington
Billiards.
c) Adopt RESOLUTION NO. R120a-96 Certifying Delinquent Municipal Service Accounts
d) Approve School/Conference Request - Juvenile Officer Institute - Officer Dau
e) Adopt RESOLUTION NO. R121-96 Approving Police Officer Labor Contract Award
f) Approve Capital Outlay Request - Idea School Entrance
g) Receive 1996 Weed Control Report
h) Approve publication of Wireless Telecommunications Ordinance Summary
i) Approve School/Conference Request - EMT Refresher Course - Fire/Rescue
j) Acknowledge SAC rate increase to $950 by Met Council Environmental Services
k) Approve Middle School warming house sewer extension project contract
1) Approve payment of the bills as submitted
APIF, MOTION CARRIED.
7. Extension of Project Completion Date - Far.mington Industrial Park Phase II
City Engineer Kaldunski explained the request to extend the project completion
date to June 15, 1997 to allow time to complete the final wear course on the
roads and to complete the seeding. MOTION by Galler, second by Fitch to approve
the extension. APIF, MOTION CARRIED.
8. Speed Limit Increase on TH 3 in Farmington
City Engineer Kaldunski stated the request came from MnDOT and was more of a
courtesy gesture than a request, since MnDOT has jurisdiction on TH 3. The
request was for an increase in the speed limit from 40 mph to 45 mph. The
request was based on the fact that more than 80% of the traffic traveling on this
section of TH 3 traveled in excess of 45 mph. Police Chief Siebenaler verified
that MnDOT has jurisdiction over the speed limit on TH 3. Councilmember Fitch
expressed his belief that the speed limit should remain at 40 mph. Councilmember
Galler proposed adopting a resolution to be forwarded to MnDOT requesting
maintaining the current speed limit. MOTION by Galler, second by Kuchera
directing staff to draft RESOLUTION NO. R122-96 requesting the speed limit on
TH 3 in the Farmington City limits remain at 40 mph. APIF, MOTION CARRIED.
9. Cameron Woods PUD
Planning Intern Michael Schultz provided an overview of the Cameron Woods PUD and
answered questions from Council. Members of the audience requested the developer
provide assurances that the 50 foot wide wooded buffer would remain.
Councilmember Fitch noted that the developer, Jack Benedict, had responded to
concerns regarding the buffer and had redesigned the PUD so the buffer would be
retained. Questions also involved requests for monitoring traffic conditions in
the Terra Addition which adjoins the Cameron Woods development. Residents were
concerned about the impact increased traffic would have on their neighborhood.
Mayor Kuchera opened a public hearing scheduled for 7:30 P.M. to consider
assessments for Farmington Industrial Park Phase II. MOTION by Galler, second by
Gamer to continue the public hearing until January 21, 1997 at 7:30 P.M.. APIF,
MOTION CARRIED.
police Chief Siebenaler and Engineer Kaldunski noted it would be more beneficial
to establish specific traffic control measures when the new development was
completed due to the difficulty of predicting traffic conditions before it
exists. Members of the audience requested they be notified when Cameron Woods
was discussed again. MOTION by Galler, second by Gamer to approve the
preliminary PUD of Cameron Woods subject to the concerns and conditions addressed
by the Planning Commission. APIF, MOTION CARRIED.
10. CSAH 31 Traffic Concerns
Police Chief Siebenaler presented a resolution addressing the traffic concerns
raised by residents at previous meetings. The only item which was not addressed
in the resolution was a school speed zone because it does not conform with
existing State law. MOTION by Gamer, second by Kuchera to adopt RESOLUTION NO.
R123-96 addressing traffic concerns on CSAH 31 which is to be forwarded to the
Dakota County Board of Commissioners through the County Highway Department.
APIF, MOTION CARRIED.
11. Elm Street Striping Plan
City Engineer Kaldunski presented a proposal from the Dakota County Highway
Department establishing a UNo Parking" zone and striping along Elm Street between
Division Street and 1st Street. Concerns raised at previous meetings were
addressed, including dustcoating of the alley south of Elm Street, Elm Street
driveways, an indented drop off zone and associated costs for the Presbyterian
Church, and use of the alley north of Elm Street. It was uncertain whether
parkwood Presbyterian Church had received notification of costs associated with a
proposed drop off zone, therefore, that issue remained unresolved. Parks and
Recreation Director Bell informed Council and affected residents that the alley
north of Elm Street was a public alley from the Moench property line to First
Street. Council was reminded that if the request for dustcoating were approved,
it may set a precedent for similar requests from other property owners. MOTION
by Galler, second by Gamer to adopt RESOLUTION NO. R124-96 establishing a no
parking zone from Division Street to First Street on Elm Street, and to contact
parkwood Presbyterian Church regarding costs associated with the creation of an
indented drop off zone. APIF, MOTION CARRIED.
12. 1996 Audit Engagement Letter/Agreement
Finance Director Roland informed Council that she proposed retaining the firm of
Malloy Montague Karnowski and Radosevich to provide the 1996 financial audit for
the City and HRA. She also informed Council that the Finance Department would be
handling more of the work involved with the audit and, therefore, the fees would
be reduced from $30,000 to $18,000. Council commended Ms. Roland for her efforts
in reducing the cost of the audit. MOTION by Fitch, second by Kuchera to
approve the agreement as proposed by the Finance Director. APIF, MOTION CARRIED.
13. Roundtable
a) City Administrator Erar asked the Council to begin consideration of who would
be willing and/or able to serve as the City's representative on the ALF
Ambulance Board in 1997. Council noted that they would deal with the issue at
the first meeting in January.
b) Councilmember Galler introduced the topic of snowmobile regulations. He and
other Councilmembers had received complaints regarding snowmobile activities
in the City, particularly along County Road 31. Members of the audience
expressed concerns with snowmobiles driving on private land and not obeying
various regulations. Staff has been working on an ordinance for some time,
however, enforcement of the regulations is a problem. After considerable
discussion, staff was directed to write a proposed ordinance and return to
Council at a workshop to be set sometime in January, 1997.
c) Councilmember Gamer asked for discussion on pine Knoll sewer hookups, stating
he had received calls from residents after they received notification from the
City Attorney regarding possible penalties. City Engineer Kaldunski stated he
had received requests for extensions of the hook up deadline. City
Administrator Erar expressed concern that granting extensions could become a
habitual problem. Staff will provide an update at the December 16th Council
meeting.
d) Councilmember Fitch noted complaints regarding the slush/ice ridges on City
streets following the weekend rain and snow. Citizen complaints regarding
snowplowing should be referred to City Hall.
e) City Administrator Erar updated Council on the following meetings:
. Empire/Farmington Joint Planning Board meeting will be rescheduled for
sometime in January.
· Truth in Taxation Meeting will be held Wednesday, December 4th at 7:00 P.M.
· Ash Street/Prairie Waterway Phase III workshop scheduled for December 9th was
canceled and will be reset at the first meeting in January.
· Restorative Justice Program workshop which was canceled due to inclement
weather will be reset for sometime in January.
f) Parks Director Bell informed Council that 1) the signed Mighty Ducks grant
contract had not been received from the State as yet; and 2) the Parks
Department had started flooding outdoor rinks.
14. MOTION by Fitch, second by Gamer to adjourn at 8:55 P.M.. APIF, MOTION
CARRIED.
Respectfully submitted,
Mary Hanson
Clerk/Typist
5q
Truth and Taxation Meeting
Public Hearing Minutes
December 4, 1996
3
Council attendance: Mayor Kuchera, Councilmembers Fitch, Galler, Gamer, and Ristow.
Also in attendance: Councilmember-elect Cordes, City Administrator Erar, Director of Finance
Roland, Administrative Assistant Finstuen, Park Director Bell, Director of PW Kaldunski, Police
Chief Siebenaler, Fire Chief Kuchera and members of the audience.
The meeting was called to order at 7:00 p.m. by Mayor Kuchera. The purpose of the meeting was
to provide the general public with the opportunity to comment on the City's 1997 Tax Levy and
the 1997 City Budget.
A presentation by Director of Finance Roland was made on projected City Revenues, a
comparison of tax capacity rates and a review of market values in the community. Copies of the
Finance Director's presentation were distributed to audience members. A few questions by the
public were made on market values, and it was indicated by Ms. Roland that valuations are made
by the County Assessor's office. The City does not have control over market valuations.
Mayor Kuchera left the meeting at 8:15 p.m.
A presentation was made by Administrator Erar on the proposed 1997 Budget, with analyses on
expenditure levels, the proposed tax capacity rate, Council Budget guidelines used by the
management team, and a review of significant City growth since 1990. Copies of the
Administrator's presentation were distributed to audience members. Several questions were
asked by audience members concerning the method the City uses on awarding contracts i.e. City
insurance. Discussion continued until approximately 8:50.
Council continued the public hearing until December 16, 1997, the date on which Council will
vote on the proposed tax levy and City Budget for 1997. There being no further discussion,
Councilmember Galler adjourned the meeting at 9:05 p.m.
5b
TO: Mayor, Councilmembers, City
Administrator 11L.,
FROM: Karen Finstuen, Admin. Asst.
SUBJECT: Additional SCBG Funds - ADA,
City Hall Remodeling
DATE: December 16, 1996
INTRODUCTION
The contractor is finalizing the City Hall Remodeling project and in an effort to recover the
SCBG funds for the ADA portion ofthe costs, it was noted that the original resolution requesting
$46,000, fell $9,053 short of the actual costs.
DISCUSSION
In a resolution adopted 1/16/96 the City Council requested $46,000 be set aside from SCBG
funds for the ADA improvements needed in the remodeling project. After completion of the
project we found the handicap improvements totalled $55,053 and Jerry Henricks notified
Dakota County HRA of this information. In late November, I checked on the progress ofthis
reimbursement and was informed that we needed an amended resolution (attached), requesting
the additional $9,053.
BUDGET IMPACT
If reimbursed, these funds will lower the final costs of the remodeling proj ects.
ACTION REQUESTED
Adopt the proposed resolution enclosed in this package.
Respectfully submitted,
~6>>-- 61.. ~~~'--
Karen F instuen
Administrative Assistant
CitlJ of Farmington 325 Oak Street · FarminfJtonl MN 55024 · (612) 463.7111 · Fait (612) 463.2591
PRO P 0 SED
RESOLUTION
AMENDING RESOLUTION NO. R9-96
USE OF 1983 SCBG FUNDS FOR CITY HALL ADA IMPROVEMENTS
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 16th day of December, 1996 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, Resolution No. R9-96 set aside $46,000 of the 1983 SCBG funds to be
used for the renovation of the Farmington City Hall to meet the requirements of
the Americans with Disabilities Act (ADA); and
WHEREAS, upon completion of the project, it was found that a total of $55,053
was needed to complete the ADA portion of said project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington,
requests that a total of $55,053 from the 1983 SCBG Funds be used for the
renovation of Farmington City Hall as follows;
Revolving Account from 1983 SCBG for City Hall ADA per R9-96
Original Request
Additional Funding Request
$46,000
$ 9,053
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 16th day of December, 1996.
Mayor
Attested to the _____ day of December, 1996.
City Administrator
RBSOLUTION R9-96
APPROVING TBB CANCBLLATION OF TBB
FARMINGTON NEW BOMB PROGRAM ADMINISTRATIVE AGRBEMENT
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 16th
day of January, 1996 at 7:00 P.M..
Members Present:
Members Absent:
Kuchera, Galler, Ristow, Fitch, Gamer.
None.
Member Galler introduced and Member Gamer seconded the following:
WHEREAS, the Interim City Administrator is authorized to submit a request to Dakota
County for the cancellation of the Farmington New Borne Program which is funded; in
part, by the 1983 Small Cities Block Grant (SCBG)i and
WHBREAS, the Farmington City Council requests that the 1983 SCBG funds be used by
the City to meet American Disabilities Act (ADA) for Public Facilities requirements
as follows:
a. $46,000 of the 1983 SCBG funds to be used for the renovation of the Farmington
City Hall to meet the requirements of the ADA.
b. $44,000 of the 1983 SCBG funds to be used for the renovation of the Farmington
Municipal Pool Bathhouse to meet the requirements of the ADA.
NOW, THBREFORE, BB IT RESOLVED, that the Farmington City Council hereby approves the
cancellation of the Farmington New Home Program Administrative Agreement and that the
Mayor and Interim City Administrator are authorized to execute the cancellation
notification on behalf of the City of Farmington.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 16th day of January, 1996.
~~M~
Attested to the 17th day of January, 1996.
(~~ OA-~
Interim City Administrator
SEAL
September 9, 1996
Farmington City Hall
Handicap Improvements Cost Estimate
CNH. Architects
Cording.Natwick'Hilbert Architects, Inc.
7300 W. 147th Street, Suite 504
St. Paul, MN 55124-7580
(612) 431-4433
SEP 11 100-'
..."ij
.. :."
The following is a cost estimate for the handicap improvements for the Farmington City Hall Remodeling.
Extend police vestibule
HC ramp to the front entry
Remodeling of old library restrooms
Remodeling of main restrooms
Misc. HC remodeling of countertops,
worksurfaces, and hardware
Associated design fees
Change Order Items
Foundations for HC stoop
HC slab at Police vestibule
HC slab at north entries
CT replacement in main restroom
Below slab work for restrooms
Replace toilet fixtures
Relocate urinal and lavatory in
main men's restroom
Total
cc: Karen Finstuen, City of Farmington
Kari Gill, Dakota County BRA
H:\9450\C=rnC5Txr
10,000
5,000
14,500
7,900
5,000
4,000
1,311
257
894
2,861
316
1,336
1.678
55,053
~
D' "'tJTACOUNTY
Hl""'lusing & Rede\"l:,ll""'lrmenr Authl.)riry c-1:.4:'.4:-.,','
:.;.:lc-.H'ith:-t. \"r.. R,"~m,'"nt. "l~ 5'i:'c-~. T.PD. 61:.4:,.:-.1:-:: . FAX 1'1:-4:3.i'1:'-':
May 17, 1996
John Erar, City Administrator
City of Farmington
325 Oak St.
Farmington, MN 55024
RE: CDBG Budget Status
Dear Mr. Erar:
The current status of the various CDBG project budgets administered
by the Dakota County HRA for the City of Farmington are:
1. Revolving Account from 1983 Small Cities Block Grant:
Balance on account as of 3/31/96-
$133,962.29
Commitments-City Council Resolution
R9-96, 1/16/96
City Hall ADA
$ 46,000
Municipal Pool Bathhouse ADA
Uncommitted Balance
$ 44,000
$ 43,962.29
2. Entitlement CDBG Projects
1993 Historic Preservation
(Exchange Bank)
$150,238
1993 Accessibility (City Hall)
$ 11,542.65*
$ 25,000
1995 Economic Development
(Exchange Bank Loan)
1995 Historic Preservation
(Exchange Bank)
$110,000
1995 Assessment Abatement Fund
$ 30,587
*Work to be funded has been done; payment will be made reimbursing
the City if contractor can provide payroll reports.
>~~ EQC:~L orpORn..~ln. E~lPLOYER"
r-~
Ll?S- S" / 16
October 16,1996
Lee Smith
Dakota County HRA
2496 145th St. W.
Ftosennount,~. 55068
Re: City Hall Ftemodeling
DearMr. Smith,
, '
. Attached is the fInal costs for the remodeling of the City Hall to meet ADA requirennents.
Wayne Hilber4 architect.for the project, indicated that the weekly employees time Iwage
,wo*sheet for this projecthave been submitted to your office for review. Funding for
rennodelingof the City Hall is to. be provided, for from the 1983 Small Cities Block Grant.
, ',Ftecognizing that'the original amount of the SCBG funds set aside for this project will not
be sufficient to fund the entire ADA activities of this project, would you please use the
appropriate amount from theoocommitted .1983 'SCBG funds to make up the difference'
. for the ADA rennodeling activities. Please forward the check to the attention of:
"Karen Finstuen
Administrative Assistant
:, 325 Oak Street
-Faimington,Mn.55024
If there are any questions, please feel free to contact me at 463-1860. Thank you for the
assistance in this matter. '
, Sincerely,
F~71-~~<:k
Gerald A. Henricks
HRA Executive Director
cc: Karen Finstuen
I
fit, _I !lQ,4mitf"to.tf, 325 (9..afi SVuet - j-WUningtan, .,KJV- 55024 - (612) 463-7111- j4/.L (612) 463~2591
t:Rl
n_.n
TO: Jerry Henricks, Economic
Development Director
FROM: Karen Finstuen, Admin. Asst.
SUBJECT: Handicap Improvement Costs
Small Cities Funding
DATE: October 2, 1996
As discussed in our meeting on this same date, I am attaching the cost estimate for the handicap
improvements for the City Hall remodeling project.
Please inform the Dakota County HRA of this information so that we may utilize the Small
Cities funding available for these handicap improvements.
L~
Karen Finstuen
Administrative Assistant
cc: John Erar
Wayne Henneke .
Wayne Hilbert
- Ci~1J. of FarminfJ.ton 325 Oak Street. Farminf/ton, MN 5502~ · (612) ~63.7711 · Fax (612) ~63.2591
TO:
Sc..
Mayor, Councilmembers, ~E
City Administrator
FROM:
Ken Kuchera, Fire Chief
SUBJECT:
Approve Purchase of Ice
Rescue Unit/Ice Suits
DATE:
December 16, 1996
INTRODUCTION
Request approval to purchase an Ice Rescue Unit and Ice/Water Rescue Suits.
DISCUSSION
With the addition of stormwater ponds in the City, the necessity for rescues
from falls through thin ice becomes a reality. The Rescue Alive ice skid unit
enables rescuers to run over very thin ice or paddle through open water to reach
victims quickly. The ice/water suits protects rescuers for hypothermia due to
extreme cold water and ice conditions.
BUDGET IMPACT
The 1996 budget provided $2,500 for an ice skid unit and ice/water rescue suits.
Due to price changes, the cost of the unit and suits exceeds the amount
budgeted. Therefore, a budget adjustment is also being requested to transfer
unused funds from other Fire/Rescue line items to cover this purchase. Finance
Director Roland has reviewed the purchase and budget adjustment with me and has
determined that adequate funds can be made available.
ACTION REQUESTED
Approve the purchase of a Rescue Alive Ice Skid Unit and 2 Stearns Ice/Water
Rescue suits.
Respectfully submitted,
~~~
Ken Kuchera ~
Fire Chief
FD3
CitlJ. of Farmini}.ton 325 Oak Street · Farm;nlJtonl MAl 55024 · (672) 463.7177 · Fax (672) 463.2597
L
5d
TO:
Mayor, Councilmembers,
City Administrator~
Ken Kuchera, Fire Chief
FROM:
SUBJECT:
Purchase of Mobile Radio
DATE:
December 16, 1996
INTRODUCTION
Approve the purchase of a Maxtrac 300 Mobile Radio from Ancom Communication.
DISCUSSION
The purchase of the mobile radio will improve communication between Rescue
Squad personnel both enroute to, as well as on site at, rescue operations.
This radio performs at a higher level of quality than the handheld units.
The price quote was received from the Fire Consortium Purchase Agreement,
which provides the lowest prices available. For this reason, a second quote
was not solicited.
BUDGET IMPACT
The 1996 Budget provides $1,000 for the purchase of a mobile radio. The price
of $950, including installation, falls within the budgeted amount.
ACTION REQUESTED
Approve the expenditure of $950 for the purchase of a Maxtrac 300 Mobile
Radio.
Respectfully submitted,
~~
Ken Kuchera ~
Fire Chief
FD1
CitlJ. of FarminiJ.ton 325 Oak Street. FarminiJtonJ MN 55024 · (612) 463.7111 · Falf (612) 463.2591
~DEC- 3-96 TUE 22:27 DEAN R DANINGER ANCOM
6127800189
P.03
CoM
~ ;?~~~I'~~~~~55~C.
@ MOTOROLA
A~ TIlNI.Wq
It.. D.,.,
Office (812) 683-1912
Fal( (612) 454.3693
DATE: 3-080-98
SOlO TO: Rescue CaptB.in T. Hemish
Farmington Fire Depar1ment
21625 Denmar1t Avenue
Farmington, MN 55024
SHIP TO: Rescue Captain 1. Hemish
Farmington Fire Department
21625 Denmar1c. Avenue
Fannington, MN 55024
CONTACT: Rescue Captain T. Hemish
PHONE: 812,463.7111
QUANTITY
DESCRIPTION
UNIT EXTENDED
r f
MAXTRAC _ MOBILEMDIO
\ .. _II Ch...... VHF Mo.... RIldloJ
,~.,
$820.00 $820..
-12 Volt NeQ8UVe Ground
.1 Watt tntem8l8pRMr
-18 Pitt con.lIClOr'
-Non-t.oc:DIg fJloldna.BrIIdl8t
,.-campacll~.
f....114w.v.~
, -Operating fnslt'Ucfionl
.-ona Yew WarrantJ" 'PIdIr....1.IIbOt
~ -PIIO..,.- - utrlclnwftb PriarlCW
~TAL EQUIPMENT INVESTMENT
TAX .'.5'" FOR MINNE8OTA.. CAlCUlATE & ADD
"'~.nmlno and Set Up .
Shtppktg and Delvety
I GRAND TOTAL
1B2O."" .~
SO.oo .
$8.00 '
ST.GO'
t $835.00 r
.~.: ," . 295.00'
('per our oonv8fS8tlonJ
't~","'^~'''''._':'_'''-'~''
Optional Antenna $ 45.00
3db gain, spring loaded, 49" trunk lip mounle<J antenna.
(deletes standard antenna)
~n"'''''''fGI4')r2fT..
~~' i\.j"""'...,,"_wllft.........~
... ~_pwFlre-~..id .1. ,......u.Rl.l
"'",
Dean R. Danlnger
Ancom Communications, lno. 812-780-0118
5e
TO:
Mayor, Councilmembers, ~i,
City Administrator a
FROM:
Ken Kuchera, Fire Chief
SUBJECT:
Approve Purchase Carbon
Monoxide Responder Kit
DATE:
December 16, 1996
INTRODUCTION
Request approval to purchase an AIM Carbon Monoxide Responder Kit.
DISCUSSION
The number of calls regarding carbon monoxide problems have increased
tremendously as people have become more informed and have purchased home
detectors. The AIM Responder Kit allows emergency personnel to rapidly detect
whether or not hazardous gases are present. Occasionally, home monitors give
false readings. The AIM kit also provides Safe Air Utility CO Monitors which
can be left with residents until they can repair or replace their home detector,
if it is found to be defective.
BUDGET IMPACT
The 1996 budget has a balance of $988 which can be used to fund this purchase.
The low bid of $799 from Clarey's Safety, Inc., falls within budgeted funding.
ACTION REQUESTED
Approve the purchase of an AIM Carbon Monoxide Responder Kit.
Respectfully submitted,
~~
Ken Kuchera ~
Fire Chief
FD2
Citl}. of FarminfJ.ton 325 Oak Street · Farmin(jton} MN 5502~ · (612) ~63-7111 · Fax (612) ~63-2591
~
TO: Mayor, Councilmembers and City
Administrator ~
FROM: Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
SUBJECT: Update on 1997 Sewer Flows
DATE: December 16, 1996
INTRODUCTION
The City's wastewater is treated at the Metropolitan Council's Empire Treatment Plant. All City
flows are metered before discharge into the Metropolitan Council Environmental Services
interceptor.
DISCUSSION
Farmington has been working aggressively to reduce inflow/infiltration (III) of clean water into the
sanitary sewer system. The City's sewage flow as metered by the Metropolitan Council, peaked in
1993 at 580 million gallons per year. Farmington has implemented several projects to reduce III
since 1993. Most notably, the Sump Pump Discharge Elimination Program, construction of the
Prairie Waterway to stabilize ground water level fluctuations and various sewer replacement
projects.
Attached is a graph from the Metropolitan Council Environmental Services which shows the City
sewage flows from 1993 to 1996. The annual flows are summarized below;
Year M.C.E.S. Project Actual Flow
1993 450 million gallons 528.9 million gallons
1994 500 million gallons 445.7 million gallons
1995 500 million gallons 392.7 million gallons
1996 500 million gallons 336 million gallons (projected)
It should be noted that the reduction in sewer flows have coincided with the City's rapid
development (approximately 350 houses per year) which would typically increase sewer flows.
This table clearly indicates that the City's III reduction efforts have been very successful. The City
is saving the cost of treatment at the Metropolitan Council Environmental Services facility. All
City sewer flows are metered and billed at an approximate rate of $1200/million gallons.
Through December of 1995, the City has received benefits from treatment plant cost reduction
estimated at $510,000. The projected 1996 annual sewer flow is estimated to be 164.0 million
CitlJ of FarminfJ.ton 325 Oak Street · FarminiJtonJ MN 55024 · (612) 463-7111 · Fait (612) 463-2591
gallons below the Metropolitan Council Environmental Services estimate. The City is currently
paying for treatment plant costs based upon the 500 million gallon estimate. It is projected that the
City has the potential to save an estimated $196,000 in treatment plant costs in 1996. This would
bring the City's estimated savings due to III reduction programs to approximately $706,800 since
1993. Farmington has been very successful in these programs.
BUDGET IMPACT
The estimated savings will have a beneficial impact on the City's sanitary sewer enterprise fund.
The full benefit can not be analyzed until the final sewer flow metering is completed in January of
1997. The City will have the ability to utilize these funds to continue it's III reduction efforts.
The City is in line for a $10,000 matching grant from Metropolitan Council Environmental
Services to continue it's III reductions. More information on this grant will be provided once the
grant agreement is sent to the City.
ACTION REQUESTED
This memo is for information only.
4::j/D
Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
cc: file
Department Heads
~ Metropolitan Council
~~ Working for the Region, Planning for the Future
Environmental Services
November 22, 1996
RE: 1996 Flow Calculation through September
Tom Kaldunski
City Engineer
City of Farmington
325 Oak Street
Farmington, MN 55024-1358
Dear Mr. Kaldunski:
The Metropolitan Council Environmental Services Division has measured and/or calculated the flows
through September 1996 generated within your community to be 259 million gallons.
First Quarter:. 74
Second Quarter: 103
Third Quarter: 82
This infonnation is considered to be preliminary and may be adjusted based on further review. The
Council's estimated total 1996 flow for your community is 500 million gallons.
The above flow calculations, and the estimated flow for 1996, includes estimates for any unmetered
connections that either enter or leave your community. Attached is a graph showing metered flow
only, by month, for this year and the previous three years.
If you have any questions or require additional information, please don't hesitate to call me at 229-
2116.
Sincerely,
~tjA-
Donald S. Bluhm
Municipal SeIVices Manager
Wastewater Services Department
DSB:JLE
FLOWLTR
cc:. Terrence Flower, Metropolitan Council District 16
Lois Spear, Metropolitan Council Environmental Services
230 East Fifth Street St. Paul, Minnesota 55101-1633 (612) 222-8423 Fax 229-2183 TDD/TIY 229-3760
Ar. EqUDl Op~.iIy Er..pIDyer
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55
FROM:
Mayor, councilmemb~ and
City Administrator,rv
Daniel Siebenaler, Police Chief
TO:
SUBJECT: Restorative Justice
DATE: December 16, 1996
Introduction
The Restorative Justice Workshop with the Anoka Police Department
originally scheduled in November was canceled due to weather.
Discussion
Chief Andy Reverring and Sgt. Alan Campbell are available for the
workshop on Tuesday, January 14, 1997, at 7:00 PM.
They anticipate a one hour presentation with time for questions and
discussion to follow.
Staff has contacted the new councilmembers and this date is
acceptable.
Action Required
Set date for Restorative Justice Workshop for January 14, 1997, at
7:00 PM.
Respectfully,
~.
Daniel M. Siebenaler
Chief of Police
DMS/m
CitlJ of FarminiJton 325 Oak Street · Farmint}.tonl MN 5502~ · (612) ~63.7111 · Fax (612) ~63.2591
s~
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Appointment Recommendation -
Custodian
DATE: December 16, 1996
INTRODUCTION
Due to an employee retirement in the Park and Recreation Department, there is a need to hire a
new custodian to fill this opening.
DISCUSSION
The Park and Recreation department has completed interviewing candidates for the position of
custodian. After careful review and consideration of the applications received, the department
has selected Ms. Dianne Nourie as the finalist for the position.
BUDGET IMP ACT
There are adequate funds in the 1997 Budget for this purpose.
ACTION REOUESTED
Approve the appointment of Ms. Dianne Nourie effective January 3, 1997.
Respectfully submitted,
,(it' 'I:; *~
John F. Erar
City Administrator
ill
I
CitlJ. of FarminiJ.ton 325 Oak Street. FarmintJton, MN 55024 · (612) 463.7111 · Fax (612) 463.2591
~'l
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Accept HRA Director's Resignation
DATE: December 11, 1996
INTRODUCTION
At the December 9, 1996 Housing and Redevelopment Authority meeting, Mr. Jerry Henricks
submitted his resignation to the HRA Board. In light of the fact that Mr. Henricks has an
employment agreement with the City of Farmington, the Council must accept Mr. Henricks'
letter of resignation as a procedural matter.
DISCUSSION
Mr. Henricks has an employment agreement with the City of Farmington requiring that Mr.
Henricks provide 30 days written notice. Mr. Henricks' effective date of resignation is January
31, 1996.
BUDGET IMP ACT
No funds have been budgeted in the City's 1997 Budget for this purpose, It is requested that the
HRA Board approve the payment of any accrued personal leave from the HRA Fund. This could
be accomplished at the next regularly scheduled HRA meeting in January, 1997.
ACTION REQUESTED
Accept Mr. Henrick's resignation as HRA Executive Director\Economic Development Director
effective January 31,1996.
Respectfully submitted,
~~~
ohn F. Erar
City Administrator
I
CitlJ. of FarminiJ.ton 325 Oak Street · FarminlJtonl MN 5502~ · (612) ~63-7111 · Falf (612) ~63-2591
To: HRA Chairman and Boardmembers
City Administrator
From: Gerald A. Henricks
HRA Executive Director
Subject: HRA Director's resignation
Date: December 9,1996
I respectfully submit my resignation as the HRA Executive Director as of January
31,1997.
I appreciate the opportunity to serve the community and the Farmington HRA over the
past years.
Respectfully Submitted,
.4~~~
Gerald A. Henricks
HRA Executive Director
51
J
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Wausau Fence Completion
DATE: December 16, 1996
INTRODUCTION
As Council may recall, staff was directed to delay completion of the fence pending the outcome
of any private party litigation that might have occurred prior to December 31, 1996. Accordingly,
in order to fulfill the terms of the City's agreement with Wausau Supply, the fence must be
completed prior to December 31, 1996.
DISCUSSION
Attached, please find a copy of the City Attorney's legal opinion indicating the need for the City
to proceed with the completion of the fence installation on the Wausau property prior to
December 31, 1996.
BUDGET IMP ACT
The cost of completing the installation of the fence was included the construction project budget.
ACTION REQUESTED
As the cost for completing the fence is contained within the project construction budget
previously awarded by Council, no action is necessary. This is for informational purposes only.
Respectfully, s~mitted,
, If' ( ,
'f /,'
/j /! ,; '/
(.1 I .' '-.'/'
;i~llt! '/ . ("((~
IJohn F. Erar
City Administrator
I
CitlJ. of Farmini}.ton 325 Oak Street · Farm;niJtonJ MN 55024 · (612) 463.7111 · Fax (612) 463.2591
j)EC-I0-96 TUE 9: 12
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 02
LAW OFFlCas
GRANNIS & GRANNIS, P.A.
DAVID L. O1v.mllS
JOYCE I'd.. GMNNlS
CHmTQPHEll. J. 1..EHMANN
412 SOUTHVlEW BOllLEVAJIJ)
SUITIlI00
Soum ST. PAUL, MmN5s0TA SS07S
TliLEI'HONE. (612) 4S5.1661
FAX: (612) 455.2359
Rupy E, OcHS
LF.OAL ASSlSTANl'
Deoember 9, 1996
Mayor & City council
CITY OF FARMINGTON
325 Oak street
Farmington, MN 55024
Re: aistow VB. DistribUtors ae.l Bstate, znc.
.ausau Supply stora Bewer Al1qDaent
Dear Mayor & Council:
This letter is to update you regarding issues related to the
above-referenced matter. As to the status of this lawsuit, we
have not received a trial date. Therefore, the t~ial date will
most likely be set sometime after the first of the year. The
city is currently in the process of oompiling documents that
Distributors Real Estate, Inc. has requested.
In regard to the installation of the chain link fenoe,
pursuant to the Agreament bet.ween the city, Distribut.or's Real
Estate, Inc. and M&I First American National Bank, the City
agreed to reconstruot the fence on or before Deoember 31, 1996.
The Agreement setsforth the terms and conditions for installing
the fence on paqe 4, paragraph 9. I have inoluded a copy of
these provisions for your reference. It is my recollection that
the Council at a prior meeting directed staff to arranqe for the
installation prior to the December 31, 1996 deadline. The poles
for the fence are already in place and the only thing left to do
is install the chain link fabrio. Failure to complete the fenoe
prior to the December 31, 1996, would constitute a breach of the
Aqreement by the City.
If any of you should have any further questions do not
hesitate to oontaot me.
Very truly yours,
By:
DLG/cl
DEC- 4-96 WED 17:27
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 02
IIBMOR....DUK
TO:
FROM;
DATE:
RE:
Job lZ'az:o, City AClaini8tr.to~
Dave GranDi., city A~~orD.y
Deceaber 4, ~".
G.~.14 .i.~o. v.. Di.~~ibu~ora ea1 .atate, Inc.
This memo is wri~~en in response ~o your telephone
conversation of December 4, 1996, with Chris Lehmann. Chris
informed me that you had some questions regarding the above-
referenced 1awsuit and requested that I respond to you in
writing.
1. Installation of the Chain Link Fence: It is my
recollection that the council at a prior meeting directed staff
to arrange for the installation prior to the December 31, 1996
deadline. You may want to check the minutes to verify the
direction given by council. If my recollection i. correct, the
fence should be. erected as set forth in the Agreement ]:)etween the
city of Farmington and Wausau.
2. .st..lJ.~u~-.Df the Lawsuit.: The law suit. will not. be
resolved prior ~o December 31, 1996. As of today'. date, there
bas been no trial date set and therefore it is unlikely that any
tria1 date will be set until well after the first of the yoar.
If you or the council have any additional queetiona or
concerns do not hesitate to give me a call. I have also included
a copy of letter I received from the attorneys for Real Estate
Distributors Inc. dated November 26, 1996.
DEC-16-96 NON 10:33
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 02
LAW OJ:lflCBS
GRANNIS & GRANNIS, P .A.
DAVID L. C1Iwoos
IovCll M. G1u.NNIS
CtlJJST01'HIiI\. J. Lm!IMNN
4J2 SOU114VIEWaOUl-'WAIQ;l
Sum 100
Sounr ST. PA'JI', MlNl'IE$OTA SS07S
ThI.~:t'ItON.6: (612) 455.1661
FAX. (612) 455-2359
RV/lY S. Oem
LIIOAL ASIISTf\NT
December 16, 1996
Mayor & City council
CITY OF FARMINGTON
325 oak street
Farmington, MN 55024
ae: aistow VB. Distributors .8&1 .state, rnc.
Wau..u supply storm Sewer a1igDmeD~
Dear Mayor & Council:
This le~~er is written in response to Mr. Jona~han Fruchtman's
correspondence dated December 13, 1996, attorney for Mr. Ristow
in thQ above-referenced matter. A copy of Hr. Fruohtaan's letter
1s attached for your information. Mr. Ristow has asserted
ownership of the property in question by a claim of adverse
possession. To establish title by adverse possession the
disseizor (Mr. Ristow) must show by clear and convincing
evidenoe, an actual, open, hostile, continuous, and exc1usive
possession for the statutory 15 year period. xt is my opinion
that Mr. Ristow will only establish himself as the fee owner of
this property, if be is successful in his lawsuit. Until such
time, county records and surveys all indicate that Distributors
Real Estate, Xnc. is the owner of the property.
Hr. Fruchtman presumes that Hr. Ristow has met all requirements
to establish title by adverse possession. It is our opinion that
the oourt must confirm Mr. Ristow'S Claim prior to title vesting
in him. ~is being the case the city would be in breach of its
Agreement with Distributors Real Estate, Ino., if it does not put
up the fence on or before December 31, 1996. If Hr. Ristow'S
court action is successful, the City will need to obtain an
easement tor any improvements constructed on his property.
On December 13, 1996 after receiving Hr. Fruchtman's letter I
called Walter Lew, attorney for Distributors Real Estate, Ina.,
and asked him for an extension beyond the December 31 deadline.
He informed me the city has a contractual obllqation to complete
the fence by the 31st and his client insists that the city
fulfill its' obligation.
...
DEC-16-96 MON 10:34
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 03
Page 2.
This letter is a supplement to Agenda Item 5j. of the December
16, 1996, meeting. If any of you should have any further
questions do not hesitate to contaot me.
Very truly yours,
GRANNIS & GRANNIS, P.A.
00.:;:--.
By: -_...~.
Da.vid L
DLG/cl
Ene.
DEe-16-96 MON 9:29 GRANNIS LAW OFFICE
DEC-13-1996 it;58 FROM
I
I
I
FAX NO. 6124552359 P. 04
TO 4552359 p.et
.JONATHAN E. FRUCI-fTMAN
ATTaANeY AT LAW
l3. 1'96
GUlTEa20
,....WIMI'l'~crrnccr
~.......~B
... &J Sli!1-CIII!lII8
I"AX.f8l8ll7.1:iHi13
G ~is & G~anni5
D ~ia L. Grannis
4' 2 southview soulevard
S' it,. 1.00
s ~th St. Paul, NN 55075
I
~. TRANSMISSION 455-a359
,
I
~' Ristow v. nie~ri~to~. Real Ba~ate, Inc., at. al.
I Co~t File No. 1~-C4-96-940S
I
I a 1:' Mr. GraIll'li 8 ;
i
I
P: ease Qe ~dvlsed that X have Qeeft ~tained to ~epresent MX.
~ A~nw.in the above-referenced matter.
I
~ understand that the Farmington City Council ba. scheduled a
m p.~ing for neGe~ber 16, 1'" ~o COD$ider ~anding a fence
oJ thin the area. of th~ disputed ltmd-
I
~ AA~. be advised that Mr. Ristow thrOugh adverse pessession is
~ e owner af this p.operty. Any entq" Qnto this property tor
II rposes of erectinll the hlnee OJ: t.he erect-ion of t.he fenee !,8
~ pTR"'.ly prohibited by Mr. Ristow.. and will constitute toreS,p_lull
at dli\~SQ to hiE! 1a.nd.. We d.emand that. t.he City not erect the
:S nee, a.nd that 11 such time aB the re8~egtive claiM to the
1 $J}1.1t.fld, d ar t.rm1nedJ any such act10\1 woul(l be inapp:r:o"
~ iate a it\ay 1 expose t.lle Cl1ty to liiihility.
Ira
. -J,Tp..?7:Y Rist.ow
!
TOTR.. P. 81
SK
TO:
Mayor, Councilmemb~:l and
City Administrator7/~
FROM:
Daniel Siebenaler, Police Chief
SUBJECT:
Toys for Tots
DATE:
December 16, 1996
Introduction
The annual Farmington Toys for Tots Program is well underway again
this year.
Discussion
In 1995, Farmington Toys for Tots served 119
families in and around Farmington. In addition,
gifts were taken to the B. Robert Lewis Shelter for
approximately 50 other children in Dakota County.
call this "A local program to meet a local need."
children in 46
the "leftover"
distribution to
We are proud to
Through the generous support of our citizens and our business
community, Farmington Toys for Tots expects to serve an even larger
number of children and families in 1996.
Staff will provide updated numbers at the Council meeting.
Budqet Impact
All of the funding for Farmington Toys for Tots is the result of
contributions. There are no budget expenditures. Staff time is
donated for this cause.
Action Reauired
Information only.
Daniel M. Siebenaler
Chief of Police
DMS/m
CitlJ of FarminfJton 325 Oak Street · FarminlJtonl MN 55024 · (672) 463-77 7 7 · Fax (672) 463-2597
51
TO: Mayor, Councilmembers and City
Administrator 1~
FROM: Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
SUBJECT: State Trunk Highway 3 Speed Limit
DATE: December 16, 1996
INTRODUCTION
The City was approached by representatives from the Minnesota Department of Transportation
(MnDOT) regarding the speed limit on State Trunk Highway 3 (S.T.H. 3) within the City limits.
DISCUSSION
The topic of speed limits on S.T.H. 3 were discussed by the Council at the December 2, 1996 meeting.
The current speed limit is 40 miles per hour (mph). MnDOT has been conducting studies which
indicate the public is generally driving between 48-50 mph on the highway. MnDOT is considering
raising the speed limit to 45 mph. The Council and staff have voiced their opposition to increasing the
speed limit, due to public safety concerns. The current speed limits are a result of City enforcement
activities. It is believed that speeds will increase if the limit is posted at 45 mph.
Attached for consideration, is a resolution outlining the Council's position opposing the speed limit
Increase.
BUDGET IMPACT
The decisions made by MnDOT will not affect the City's budget. Any changes would be funded by
MnDOT because the road is in their jurisdiction.
ACTION REQUESTED
Adopt the attached resolution supporting the existing 40 mph speed limit and opposing the proposed 45
mph posting.
!Z:'Y:7Jti
Thomas idunski' P.E.
Director of Public Works/City Engineer
cc: file, Department Heads
Citl}. of FarminfJ.ton 325 Oak Street · FarminfJton} MN 5502~ · (612) ~63-7111 · FaJr (612) ~63-2591
s~
TO:
Mayor, Councilmembers and City \:\t
Administrator J
FROM:
Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
SUBJECT:
Claim for Sewer Backup
DATE:
December 16, 1996
INTRODUCTION
Attached is a claim from John Richardson, 35 Elm Street, relating to an alleged sewer backup on
November 17, 1986. Mr. Richardson alleges that the City's hydrant flushing flooded the street
and resulted in inflow into the sanitary sewer. Subsequently, the sewer backed up in his basement.
DISCUSSION
It is difficult to investigate the facts on this 10 year old issue. There is a strong potential that this
may have resulted because of the hydrant flushing. There have been no other occurrences of this
nature since that time, and improvements have been completed on 1st Street. Please note that the
insurance company reviewed the claim in 1989 and denied it.
BUDGET IMPACT
Mr. Richardson's claim is for $52.00. The City has a $500 deductible on it's insurance. I believe
that there may be some merit in settling this claim at this time.
RECOMMENDATION
Authorize payment of $52.00 to Mr. John Richardson.
Respectfully Submitted,
f~J::!::fE
Director of Public Works/City Engineer
TJK/ll
CitlJ of FarminlJton 325 Oak Street · Farmingtonl MN 5502~ · (612) ~63.7111 · Fait (612) ~63.2591
"
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TO: Mayor, Councilmembers and City
Administrator q~
FROM: Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
SUBJECT: School and Conference Request-
Annual City Engineers Conference
DATE: December 16, 1996
INTRODUCTION & DISCUSSION
The 1997 Annual City Engineers Conference is being held in Bloomington from January 29
through January 31, 1997. Topics covered will include; Drinking Water Revolving Fund,
Planning for Infrastructure Replacement, and MnDOT update.
BUDGET IMPACT
There are adequate funds in the 1997 budget for this purpose.
RECOMMENDATION
Council approval of the attached school and conference request for $180.00.
;z:uy;u
Thom.ildunski, P.E.
Director of Public Works/City Engineer
TJK/ll
cc: file
Robin Roland
Rosell1ary Svvedin
TJK
CitlJ. of FarminfJ.ton 325 Oak Street · Farmintjtonl MN 55024 · (612) 463-7111 · Fax (612) 463-2591
So
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Cost-of-living Adjustment for
Non-Bargaining Unit Employees
DATE: December 16, 1996
INTRODUCTION
The City typically approves cost-of-living adjustments for non-bargaining unit employees at the
last regular Council meeting ofthe calendar year for the following year. These adjustments
would take place effective January 1, 1997.
DISCUSSION
A review of salary adjustments in the metropolitan area indicates that the average percentage
increase for non-bargaining unit is approximately three percent. Non-bargaining employees for
purposes of this cost-of-living adjustment include only supervisory staff, department heads and
the administrator. No other changes in benefit levels are proposed.
All other employees belong to collective bargaining units which requires the City to formally
negotiate changes in the terms and conditions of employment through the collective bargaining
process. The Police officers unit, through the arbitration process, was awarded a three percent
increase in wages for 1997
BUDGET IMP ACT
The 1997 Budget provides for a three percent increase in wage adjustments for non-bargaining
unit employees.
ACTION REQUESTED
Adopt the attached resolution approving a general three percent wage adjustment for non-
bargaining unit employees effective January 1, 1997.
Respectfully submitted,
,/,/,!y
/j'~( " &Ga-O
/John F. Erar
City Administrator
CitlJ. of FarminiJ.ton 325 Oak Street. Farminfjton, MN 550211 · (612) 1163.7111 · FaJr (612) 1163.2591
TO:
5
Mayor, Councilmembers and City P
Administrator ~
Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
FROM:
SUBJECT:
Accept Drainage Easements from
Progress Land Company - Prairie Creek
4th Addition
DATE:
December 16, 1996
INTRODUCTION
Progress Land Company has entered into a development agreement with the City of Farmington
which requires them to grant the necessary easements to service Prairie Creek 4th.
DISCUSSION
Portions of Prairie Creek 4th drain to the east. This drainage crosses land owned by Progress Land
Company, outside of the Municipal Urban Service Area(MUSA) boundary. This drainage is in
accordance with the approved plans. Attached is a copy of the drainage easements which are being
granted to the City. Also attached is a map which shows the easement locations. The Council
should accept this easement from Progress Land Company by considering the adoption of the
attached resolution which will be recorded by the City Attorney upon Council acceptance.
BUDGET IMPACT
The City is receiving these easements at no cost.
RECOMMENDATION
1. Adopt the attached resolution accepting these easements from Progress Land Company.
2. Direct the City Attorney to record these easements.
JZ::llY:till
ThomaS~ldunSki, P .E.
Director of Public Works/City Engineer
cc: file, Karen Finstuen, Robin Roland, TJK
Dave Grannis, City Attorney
Warren Israelson, Progress Land Company
CitlJ. of FarmintJton 325 Oak Street · FarmintJtonJ MN 550211 · (612) 1163-7111 · Fax (612) 1163-2591
!i'
" 'I' '" NE CORNER Of S. 114 SECTION"
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TO: Mayor and Councilmembers
City Administrato~
FROM: Robin Roland, Finance Director
SUBJECT: Establishing the Tax Levy for
the year 1997 collectible and
adopting the 1997 budget
DATE: December 16, 1996
INTRODUCTION
The City adopted a proposed Tax Levy and budget for 1997 with Resolution R95-96 at the
Council meeting on September 3, 1996. This Tax Levy and budget must now be finalized in order
that it may be certified to the County before December 30, 1996.
DISCUSSION
After the proposed tax levy and budget were reviewed by council, a Truth in Taxation Hearing
took place on December 4, 1996 pursuant to state statue. Residents and other concerned
citizens were able to attend and express their opinions and concerns on the proposed budget and
tax levy. Council was present at this meeting and was able to take under advisement all
comments. The Truth in Taxation hearing was continued to December 16, 1996 at 7:30, at which
time a final vote adopting the tax levy and budget would be taken.
BUDGET IMPACT
This establishes the 1997 Budget plan for funding all city expenditures. Certification of the Tax
Levy provides for the Tax Revenues to be collected from the private and commercial citizens of
Farmington as part of the budget funding.
ACTION REQUIRED
The City Council should approve the 1997 Tax Levy and 1997 Budget, as provided and previously
discussed, by adoption of the attached resolution.
Respectfully submitted,
/6%4/
Robin Roland .
Finance Director
I
CitlJ of FarminiJ.ton 325 Oak Street · FarminfJtonl MN 55024 · (612) 463.7111 · Fa/( (612) 463.2591
fob
TO:
Mayor and Councilmembers
City Administrator~
FROM:
Charles Tooker, City Planner
SUBJECT:
MUSA Expansion
Comprehensive Plan Amendment
DATE:
December 16, 1996
INTRODUCTION
The MUSA Expansion Comprehensive Plan Amendment met with resistance from the
Metropolitan Council staff due to limited capacity of the Empire Wastewater
Treatment Plant. They did, however,advise proceeding with the public hearing and
materials distribution to adjoining jurisdictions and also suggested the City
Council approve the expansion request subject to Metropolitan Council approval.
DISCUSSION
In June of this year, the Met Council staff demographer indicated the City will
have a demand for 1775 acres of MUSA by the year 2010. Based upon this
information, City staff developed an amendment that proposes 1566 acres of
residential land, including 415 acres of undeveloped land already within MUSA,
plus 206 acres of existing undeveloped commercial and industrial land, for a total
of 1772 acres of MUSA by the year 2010.
Met Council staff, however, stated that they also made clear in June the need to
review the existing and planned capacity of the Empire plant and household growth
for the Empire service area (Lakeville, Apple Valley, Rosemount and Farmington) in
order to determine the impact of the City's proposed plan amendment. This study
was recently completed and the land area demand has been reduced to 1270 acres.
Because of the 621 acres of available vacant land, Met Council staff will
recommend an increase of approximately 640 acres based upon the way the Empire
Treatment plant capacity has been allocated.
City and Met Council staff are planning to meet following this City Council
meeting to attempt to resolve the dispute before official action on the request is
taken by the Met Council.
ACTION REQUIRED
Approve the Comprehensive Plan Amendment MUSA Expansion subject to approval by the
Metropolitan Council.
&~Ctf1.Y /)/,'Z..d.
Charles Tooker
City Planner CT3
Citl) of FarminiJton 325 Oak Street · FarminlJtonJ MN 55024 · (612) 463-7111 · Fdlf (612) 463-2591
b~
FROM:
Mayor, Councilmembers,
City Administrator~
Charles Tooker, City Planner
TO:
SUBJECT:
Cameron Woods PUD
Zoning Amendment
DATE:
December 16, 1996
INTRODUCTION
The public hearing is required to amend the City's zoning map to reflect approval of
a schematic PUD plan. The site plan has been revised to reflect input from the
Planning Commission and City Council.
DISCUSSION
The Cameron Woods PUD includes a total area of 13.73 acres. Approximately one acre
each will be dedicated to the City and County for right of way purposes; 5 1/2 acres
are being dedicated to the City for public open space; the 62 townhouses proposed
will cover slightly more than one acre; and driveways and parking will cover
approximately 1 1/2 acres.
The revised site plan shows 4 dry ponding areas for storm water runoff on site. In
addition, the Developer has indicated that existing evergreen trees located within
the right of way of the proposed Euclid Street will be transplanted, in clusters,
along CSAH 31 to help buffer traffic noise expected in the future.
Two items which need to be addressed are the gap between Euclid Street in Cameron
Woods and Endeavor Avenue in Nelsen Hills Farm; and a need to change the name of
Endeavor Avenue stub street in Nelsen Hills Farm.
The 80 foot gap in paving occurs because of City owned right of way connecting Well
No. 4 and the City water tower. The Planning Commission recommended, and the
Developer agreed, to extend the PUD street across this City right of way.
The Endeavor Avenue stub street in Nelsen Hills Farm was named before the County
realized that there would be only one north/south street within Cameron Woods. A
request for a name change will be forwarded to Dakota County.
The questions about traffic control have been reviewed by both the Police and
Engineering Departments. This review resulted in a consensus that a traffic control
analysis would be more meaningful after actual traffic volumes are known.
I
CitlJ. of FarminfJ.ton 325 Oak Street · Farminfjtonl MN 55024 · (612) 463~7111 · Fa/t (612) 463~2591
ACTION REQUIRED
Adopt an ordinance amending the City zoning map changing the area within Cameron
Woods from R-l to R-l PUD, and approve the revised schematic plan for the PUD.
Respectfully submitted,
{Ji! If! Jh, I!t--
t '{1~kes Tooker
City Planner
CT2
DEC-13-96 FRI 10:45
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 02
LAw OFFICES
GRANNIS & GRANNIS, P.A
(t
DAVID L. GIl.AIoos
JOya; M. ~
QIIUfl'OPIII!A J. ~
412 SovnmEw Bour..avARD
Sum 100
Sot1l'H Sr. PAUL, MIMBOTA 55075
TEIDIIONE!: (612) 455-1661
FAX: (612) 455-1359
RuoyS. ~
LeGAL ASSJSTANT
.
December 13, 1996
Mayor and Councilmemhers
City of Farmington
325 Oak Street
Farmington, MN 55033
VIA PAX
Re: Water Board Purchase Agreement with Wenzels
Agreement Between City and Water Board
Dear Mayor and Councilmembers:
Enclosed please find copies of the following;
1. Revi~ed Real Estate Purchase Agreement between the
Water ,oard and the Wenzels which has been executed by
Mr. and Mrs. Wenzel.
2. Revised Agreement between the City and the Water Board
relating to the purchase of the land from the Wenzels
by the Water Board and repayment of a pOrtion of the
purchase price to the Water Board by the City.
The Purchase Agreement has some minor changes from that
previously submitted and approved by the Council. These ohanges
are as follows:
1. In Paragraph 1.1 the legal description has been
changed slightly to conform to the survey description.
2 . Paragraph 4.1 has been changed to provide for a
closing date of January 7, 1997 rather than December
17, 1996.
3. Paragraph 4.3 has been changed to olarify that the
Wenzels will pay only those special assessments pending
against the property as of November 27, 1996, and that
the assessments tor new County Road 31 are not pending
as of November 27, 1996.
DfC-13-96 FRI 10:45
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 03
'l'he Agreement between the City and the Waeer Board has some
minor changes from that previously submitted and approved by the
Council. These changes are as follows:
.
1. The legal description has been changed to be consistent
with the Purchase Agreement.
2. Paragraph 1.1 has been completed to provide that the
first payment by the City to the Water Board is due
July 1, 1998.
3. Paragraph 1.2 has been changed to provide that
interest upon the amount owed by the City to the
Water Board begins to accrue on July 1, 1998.
Both of these Agreements have been approved by the Water
Soard and it has requested that the City Council approve the
Agreements.
In the event the City approves the Purchase Agreement, I
will have Bob Shirley sign both copies of the Purchase Agreement
and deliver a fully executed copy of the Purchase Agreement to
the Wenzels together ~ith a $1,000.00 earnest money check. I
will then order the title work and arrange for a closing on
,january 7, 1.997.
In the event the Agreement between the City and the Water
Board is approved, it should be fully executed by the appropriate
parties with one executed copy being retained by the City and the
other executed copy given to the Water Board.
Very truly yours,
By:
DLG/k
Enos.
DEC-13-96 FRI 10:46
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 04
REAL .STATE PURCHASE AGRBEllRNT
THIS AGREEMENT (the "Agreement") made entered into this
day of
, 1996, by and between Lawrence W.
Wenzel and Doneene R. Wenzel, husband and'wife, ("Seller") and
the Water Commission of the City of Farmington, an independent
administrative utilities oommisaion created under provisions of
Minnesota Statutes I 412.341, (HBuyern).
In consideration of the mutual covenants and agreements
herein, it is hereby mutually agreed by Seller and Buyer as
follows;
SECTION 1.
BAL. AN!) PURCBASB 01' L~
1.1) Seller shall sell to Buyer and Buyer shall purchase
from Seller, upon the terms and conditions hereof, the following
desoribed property located in the City of Farmington, County of
Dakota and State of Minnesota:
The North 1303.89 feet of the West 792.00 feet of the S~ of
Section 24, Township 114, Range 20, Dakota County,
Minnesota. Subject to the existing right-of-way of County
Road No. 64 (195th Street West) according to Dakota County
Road Right-of-Way Map No. 50 and subject to easements of
record.
(the npropertyll).
SECTION 2.
PV1lCllASJI PRJ:CE
2.1') The purohase price for the Property is Fifteen
Thousand and NO/100 Dollars ($15,OOO.OO) per acre. Provided, the
area of the Property encumbered by an easement for 195th Street
shall not be included in the determination of the purohase price.
The exact purohase price shall be determined by a survey of the
DEC-13-96 FRI 10:47
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 05
Property to be comp~eted prior to closing and at the expense of
the Buyer. Seller acknowledges receipt of the sum of $1/000.00
as earnest money. The balance of the purchase price shall be
paid in cash at tiws of closing.
SBCTtON 3.
TITLB XAftBRS
3.1) Seller shall, within a reasonable time after
acoeptance of this Agreement, furnish an abstract of title, or a
registered property abstract, certified to date to include proper
searches covering bankruptcies, state and federal judgment and
liens, and levied and pending special assessments. Buyer shall
be allowed 10 business days after receipt of abstract for
examination of title and making any objections which shall be
made in writing or deemed waived. If any objection is so made,
Seller shall have 10 business days from reoeipt of Buyer's
written title objections to notify Buyer of Seller's intention to
make title marketable within 120 days from Seller's receipt of
such written objection. If notice is given, payment hereunder
required shall be postponed pending correotion of title, but upon
correction of title and within 10 days after written notice to
Buyer the parties shall perform this ~urchase Agreement according
to its terms. If no such notice is given or if notice is given
but title is not corrected within the time provided for, this
Purchase Agreement shall be null and void, at option of Buyer;
neither party shall be liable for damages hereunder to the other
and earnest money shall be refunded to Buyer; Buyer and Seller
agree to sign cancellation of Purchase Agreement. BOYBa AGRBBS
-2-
DEC-13-96 FRI 10:47
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 06
'1'0 ACCBPT AN OWHBR' S TXT1I. POLICY :Dl TBB PULL .AMOtnft" 01' THE
PURCHASB PRXCB XK LIB~ 01' AN ABSTRACT 01' TXTLB IP THB PROPBRTY rs
St.T.BJBC'1' TO A JfASTBR ABS"ntACT OR II' HO ABSTRACT 01' TXn.B IS r.
SELLO'S POSSBBSICH Oil ClOftROL. If Buyer is to receive such
policy (1) the title examination period shall commence upon
Buyer's receipt of a current title insurance oommitment and (2)
Seller shall pay the entire premium for such policy.
sseTIOR ".
CLOSUfG
4.1} The closing shall be at a location designated by
Buyer, and shall occur on or before January 7, 1997.
4.2) On the closing date, Seller shall execute and/or
deliver to BuyerJ
4.2.1) A duly executed Warranty Deed, to the City of
Farmington, free from any exceptions, except road and
natural gas line easements of record;
4.2.2) A customary affidavit that there are no
unsatisfied judgments of record, no actions pending in any
state or federal courts, 'no tax liens, and no bankruptcy
proceeding filed against Seller, and no labor has or
materials have been furnished to the Property tor which
payment has not been made, and that to the best of Seller's
knowledge there are no unrecorded interests relating to the
Property;
4.2.3) A certificate signed by the Seller warranting
that there are no "wells" on the Property within the meaning
of Minnesota Statutes or if there are wells, a well
certificate in the form required by law.
4.3.) Seller shall pay the real estates taxes assessed
against the Property and payable in the years 1996 and prior
thereto. Buyer shall pay the real estate taxes assessed against
the Property and payable in the yea.rs 1997 and thereafter. All
-3-
QEC-13-96 FRI 10:48
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 07
special assessment. levied or pending against the Property as of
November 27, 1996 shall be paid by Seller. The parties agree
that assessments for new County Road *31 are not pending as of
November 27. 1996. Seller agrees to pay at closing. deferred
Green Acre Taxes and assessments. if any, due on the Property.
SECTION 5.
ADDITIONAL COVDTA1I'1'S AND 1fARRAHTIBS 01' SELLER
5.1) Seller COvenants and warrants to Buyer as follows:
5,1.1) Seller has record title to the Property and has
no knowledge of any title encumbrances. except easements of
record referred to in paragraph 4.2.1.
5.1.2) There are no persons or entities occupying or
having a right to occupy the Property.
5.2) At closing, no contracts or agreements shall be in
effect with respeot to the Property by which Buyer shall be
bound.
5.3) As used herein, 'lHazardous Substance" shall mean any
substance, element, oompound, solution, mixture or combination
thereof whioh because of its quantity, concentration or physical,
chemical or infectious characteristics present8, may present or
could present danger or potential danger for damage, injury or
illness to health, welfare or to the environment, including, but
not limited to: (i) those substances which are inherently or
potentially radioactive, explosive, ignitable, corrosive.
reactive, carcinogenic or toxia, (ii) the following: asbestos,
urea formaldehyde, polychlorinated biphenyl, nuclear fuel or
materials, chemical waste, radioactive materials, known
carcinogens and petroleum products, and (iii) other substances or
-4-
DEC-13-96 FRI 10:49
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. OB
materials which are defined as hazardous substances or which are
included under or regulated by any local, state or federal law,
rule or regulation pertaining to environment~l regulation,
contamination or cleanup, including without limitation the
Comprehensive Environmental Response Compensation and Liability
Act, 42 D.S.C. S 9601, et seq. ("CERCLAU), as amended by the
Superfund Amendments and Reauthorization Act of 1986 ("SERAn), 43
U.S.C. IS 9601-9675, the Federal Resource Conservation and
Recovery Act of 1976 ("RCRAn), the Minnesota Environmental
Response and Liability Act (nMERLA"), Minn. Stat. em. 115B, or
any other state or feder~l super lien or environmental cleanup
statutes, laws, ordinances or regulations, all as the same may be
amended from time to time. Seller represents and warrants to
Buyer that they have no knowledge of any hazardous substance
located on the Property.
SBC'1'ION 6.
ItZGRT 01' BI1'rR.y
6.1 Upon execution of this Agreement. Seller hereby
oonsents and grants unto the Buyer, its agents and assigns. the
right to enter upon the Property. This Right of Entry is given
for the sole purpose of allowing the Buyer, at its' cost, to
survey the Property and take 80il borings.
SBCTION 7
IIZSCI~oUS
7.1) At the time of closing, Seller shall grant to the City
of Farmington a permanent easement for public roadway and utility
-5-
DEC-13-96 FRI 10:49
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 09
purposes over, under and across the East 60 feet of the North 235
feet of .the West 952 feet of the NW 1/4 of sw 1/4 of Section 24,
Twp. 114, Range 20, Oakota County, MN. This easement is to
provide an accesa from 195th Street to the Property and to the
remainder of Seller's property.
7.2) All notices required or permitted to be given or
served under this Agreement ahall be in writing and shall be
deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing
by certified or registered mail, return receipt requested. as
followsr
7.2.1) In the case of the Seller, to Lawrence W.
Wenzel and Doneene R. Wenzel, at 2001 120 Street West, Inver
Gro~e Heights, Minnesota 55077;
7.2.2) In the case of the Buyer, to the City of
Farmington, Attention John F. Erar, City
Clerk/Administrator, 325 Oak Street. Farmington, Minnesota
55024.
7.3) If the Buyer defaults under any of the terms hereof,
then Seller shall have the right (in addition to whatever other
remedies are available to Seller at law or in equity) to the
cancellation of this Agreement.
7.4) If Seller defaults under any of the terms hereof,
including, without limitation, the delivery of marketable title
to the Property as set forth in Section 4 hereof, then Buyer
shall have the right (in addition to whatever other remedies are
available to Buyer at law or in equity) to the cancellation of
this Agreement.
7.5) This Agreement shall inure to the benefit of and be
-6-
DEC-13-96 FRI 10:50
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 10
. .
binding upon the parties hereto and their respective heirs,
personal representatives, successors and assigns.
7.6) This Agreement shall be construed in accordance with
the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
SBLLBR.;
Bt1YBaa
FARMINGTON WATER COMMISSION
BYI Robert Shirley, Chairman
~184ifl ~
Doneene R. Wen 1
~7-
DEC-13-96 FRI 10:51
GRANNIS LAW OFFICE
FAX NO. 6124552359
P.11
AGUBMBNr
This Agreement made and entered into this ____ day of
, 1996, by and between the City of Farmington, ~
Minnesota municipal corporation, hereafter ("City") and the Water
Commission of the City of Farmington, an independent
administrative utilities commission created under the provisions
of Minnesota Statutes I 412.341, hereafter ("Water Board") .
WHEREAS, the Water Board intends to enter into a purchase
agreement with Lawrence W. Wenzel and Doneene R. Wen~el, husband
and wife, to purchase certain real property located in the City
of Farmington, County of Dakota and State of Minnesota legally
described as fOllows I
The North 1303.89 feet of the West 792.00 feet of the
SW~ of Section 24, Township 114, Range 20, Dakota
COunty, Minnesota. Subject to the existing right-of-
way of County Road No. 64 (195th Street West) aocording
to Dakota County Road Right-of-Way Map No. 50 and
subject to easements of record.
hereafter (" Property"); and
WHEREAS, the Water Board will purchase the Property from
Lawrence W. Wenzel and Ooneene R. Wenzel who will convey title to
the Property to the City because the Water Board lacks statutory
authority to poasess any right, title or interest to any
property; and
WHEREAS, while title to the Property shall remain in the
name of the City, it is intended that the Water Board shall have
possession of the northeasterly quarter of the Property for the
construction, operation and maintenanoe of a water reservoir.
NOW, TlmREFORB, in the event the Water Board purchases the
DEC-13-96 FRI 10:51
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 12
Property and in consideration of the foregoing and other good and
valuable conside.ation the parties hereto agree as follows:
1. RSDavment. The City agrees to pay the Water Board 75'
of the survey oosta, closing costs and purohase priee of the
Property. This amount shall be paid in the following manner:
i.1 P~ents. The City will pay the Water Board in
five equal annual installments of principal, plus
interest commencing July 1, 1998.
1.2 Int~~est. Interest upon the amount owed shall
begin to accrue on July 1. 1998 at a rate equal to the
interest rate of the Water Board bonds issued for the
oonstruction of the water reservoir.
1.3 Prepavm~~t. The City has the option to prepay all
or any part of the loan at any time, or from time to
time, without penalty. '
1.4 Engineerin9 Fee.. The City may reduce its annual
payment by applying the amount of any engineering or
administrative tees owed by the Water Board to the
City.
2. ~ossession. The Water Board shall have possession of
the northeasterly quarter of the Property for the construction,
operation and maintenanoe of a water reservoir. The City shall
have possession of the remainder of the Property.
3. Coats of Develop~ent & Site Improvements. The parties
agree to split any costs for access improvements to the Property
from 195th Street, with 75% of the costs to be paid by the City
and 25% of the costs to be paid by the Water Board. The Water
Board shall be responsible for all costs related to the
construction, operation and maintenance of the water reservoir.
The City shall be responsible for any coste it incurs in the
development of the Property not possessed by the Water Board.
2
DEC-13-96 FRI 10:52
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 13
Costs related to utilities to serve the Property shall be split
as agreed by the partiea prior to construction of said utilities.
IN WITNESS WHEREOF, the parties have hereunto set their
hands all on the day and year first above written.
WATER BOARD
CITY OF FARMINGTON
By: Robert Shirley
Chairman
By: Eugene nSaben Kuchera
Mayor
By: John F. Erar
City Clerk/Administrator
3
Il~
TO: Mayor, Councilmembers and City / \ Q.
Administrator ()
FROM: Thomas J. Kaldunski, P.E.
Director of Public Works/City Engineer
SUBJECT: Snow Plowing Concerns
DATE: December 16, 1996
INTRODUCTION
During the City Council Round Table discussion on December 2, 1996, some snow plowing
concerns were raised relating to events on November 29, 1996.
DISCUSSION
The City received approximately '1" of rainfall on the day in question. This is somewhat unusual
this late in the year. Several members of the Street and Utility crew were out working on
November 29, 1996 (the day after Thanksgiving which is a City holiday) as outlined in the
attached memo from the Street and Utility Supervisor.
The main concern on Friday, November 29, 1996, was the runoff and subsequent ponding that was
occurring. A limited crew of two was called out to take appropriate action to keep the water
running as outlined in the Supervisor's memo. Some limited plowing was done. The Supervisor
made a judgment call to utilize a limited crew rather than a complete call out of all crew members.
I believe that the Supervisor made his best judgment call based on information available at the
time. Subsequently, a cold front followed overnight and resulted in icy conditions. Crews were
dispatched on Saturday and Sunday to address the changing conditions.
At the Council meeting, it was indicated that Councilmember Ristow attempted to contact the
Street and Utility Supervisor directly, without success, to discuss the weather conditions.
Councilmember Ristow also attempted to contact the Director of Public Works/City Engineer,
without success.
The Council has adopted policies which provide for emergency on-call personnel to be available.
The procedure for contacting the Public Works Department is as follows;
"City Hall is open Monday through Friday, 8:00 AM to 4:30 PM except
holidays. If you have a problem concerning streets, water or sewer problems
call 463-8957 (Public Works garage) and/or 463-7111 (City Hall) during
CitlJ. of FarminiJton 325 Oak Street · Farmington, MN 55024. (612) 463-7111 · Fax (612) 463.2591
normal working hours. If an emergency arises after hours or on a holiday,
please call the Farmington Police Department at 463-3333. The Police
Department will page the appropriate on-call person in the Public Works
Department and relay the concern. The on-call personnel will check out the
issue and contact the caller for more details. "
This procedure provides access to the on-call personnel 24 hours a day and has been in use by the
Public Works Department for many years. It is similar to the procedures in neighboring cities.
While a direct phone call to the supervisor will work in many situations, the 24 hour on-call, pager
duty is the best procedure to follow after hours.
The Department is having this procedure placed into the next quarterly newsletter to inform the
general public.
BUDGET IMPACT
The Street and Utility Supervisor is given flexibility through the City's snow plowing policies.
This allows him to utilize his staff most effectively and at the lowest cost to the community. A
partial call out is less expensive than calling out the complete crew. The estimated cost of
manpower on a complete call out is $1,468.00 for complete plowing of the City on a regular work
day, $2,040.00 on weekends and $3,220.00 on holidays. The Department works hard at keeping
within it's snow removal budget in making call out decisions. Unfortunately, the weather changed
dramatically overnight and resulted in icy conditions.
ACTION REQUESTED
No formal action is required by the Council. Utilizing the procedure in place will provide the
quickest response in the future. Publishing this procedure in the quarterly newsletter will provide
the information to the residents.
R...e.spectfullY SUbm~itted' .' .wlc
~ ~
-.- { - f1 -1-._ _ - I
: I (A)~
Thomas J. Kaldunski, P.E. ;@--
Director of Public Works/City Engineer -
TJK/11
cc: file
Department Heads
Jerry Bauer
TO: Tom Kaldunski
FROM: Jerry Bauer, Street & Utility Supervisor
SUBJECT: Thanksgiving Week Rainstorm
DATE: December 11, 1996
The rain storm produced approximately 1" of rain on November 29, 1996. This caused numerous
backups of storm sewer drains. The Sunnyside area is the biggest problem. On November 30,
1996, we plowed the hills and sanded them. We also plowed alongside the curbs in town to keep
water running. On Sunday, December 1, 1996, sanding was done. East Farmington was plowed
that afternoon per request.
A drop in temperature caused the rain to freeze, producing rough and icy roads. The decision I
made as the Street and Utility Supervisor, not to plow, proved to be incorrect. We are currently
blading the ice off the roads to make them smooth and safe for Farmington residents.
~~
Jerry Bauer
Street and Utility Supervisor
CitlJ. of FarmintJton 325 Oak Street · Farmin9ton, MN 55024 · (612) 463.7111 .. Fa~ (612) 463-2591