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HomeMy WebLinkAbout11.04.96 Council Packet AGENDA COUNCIL MEETING REGULAR NOVEMBER 4, 1996 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.) a. Deer Meadow/Hill Dee Fence Line Tree Stumps and Brush 5, CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 10/21/96 (Regular) b. Proclaim Nov. 18-24 as Farmington Chemical Health Week c. Set Public Hearing - Review Various Liquor Licenses for 1997 d. Adopt Resolution Accepting Donation of Street Lights in Industrial Park e. Finance Director position - Appointment Recommendation f. Adopt Resolution Amending R4-96 - Water Treatment Fee g. Adopt Resolution Amending R4-96 - Senior Center Membership Fee h. Third Quarter Building Permit Summary Report i. Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS 7. PETITIONS, REQUESTS AND COMMUNICATIONS 8 . NEW BUSINESS a. Cable TV Update b. Middle School Warming House Sewer Project c. 1996 Budget Reappropriation d. City Fuel Purchase Proposal 9. UNFINISHED BUSINESS a. MUSA Expansion Update b. Lane Striping on Elm Street - Division to 4th Street c. CSAH 31 Cost Update d. Adopt Resolution Declaring Costs/Ordering Preparation of Assessment Roll - Industrial Park Phase II e. Adopt Resolution Approving Plans and Specifications and Authorizing Advertising for Bids - Larch Street 10. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMBMBERS 11. ROUNDTABLE 12 . ADJOURN TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Supplemental Agenda Items DATE: November 4, 1996 3 (a). State Representative Dennis Ozment has requested to be placed on the Council Agenda for a short presentation and to discuss any concerns Council may have on related intergovernmental issues. It is requested that the following changes be made to the Council Agenda for November 4, 1996. 5j. Resolution Approving Substitute Election Judges for General Election of November 5, 1996. It is recommended that this resolution be added to the Agenda. " , 8b. Middle School Warming House Sewer Project!~ an addendum to this r~gular agenda, . ' '.. ,. a.'t. item is attached for Council approval. This agreementreferences"the CitY's understanding and financial responsibilities with Youth Hockey concerning the construction and costs of the sewer line improvement. It is recommended that this addendum. be added to the Agenda. 9b. Lane Striping on Elm Street - An..additiotm-\.tt~~ ofinfonnation is attached to be discussed under this agenda item. .It is recommended that the attached letter be. accepted by Council as information to be discussed. ACTION REOUESTED Adopt the Council Agenda with above change(s). 'l"~ .;_~-_' ........... ;:;,..t;.~.\ i'f!:.... ohn F. Erar City Administrator - OtIJ of FarminfJton 325 Oak Street- FarminiJtonl MN 55021, - (672) 463.77 77 - F~ (672) 463.2597 PROPOSED R_ APPROVING SUBSTITUTE ELECTION JUDGES FOR GENERAL ELECTION OF NOVEMBER 5, 1996 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 the 4th day of November, 1996 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, three previously appointed election judges are unable to serve due to unexpected circum- stances; and WHEREAS, one election judge, Dennis Sullivan, will be moved from precinct 3 to precinct 1, and NOW THEREFORE, BE IT RESOLVED that the following election judges be approved for the General Election to be held November 5, 1996. Precinct 1 Dennis Sullivan Precinct 2 Lauretta Schneider Betty Kehlenbeck Precinct 3 Sue Perro This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Mayor Attested to the _day of , 1996. SEAL Clerk! Administrator NOV- 4-80 MON e:j~ GRANNIS LAW OrFIG~ rAX NO. 01~4bbcjb8 P. Ui AGRBBllBIR This Agreement made and entered into this ____ day of November, 1996, by and between the city of Farmington, a Minnesota municipal corporation, hereafter (IICityll) and Farmington Youth Hockey, Inc., a Minnesota non-profit corporat.ion, hereafter ("Hockey Association"). NOW, THEREFORE, for good and valuable consideration the parties hereto agree as follows: 1. The Hockey Association shall construct at its' sole cost a sanitary sewer line on city property. The sanitary sewer line shall begin at the City'S existing sewer line and continue to the warming house on the path described and detailed on the map attaohed as Exhibit "A'l ~nd incorporated into this Agreement by reference. 2. The Hockey Association shall construct this sanitary sewer line in accordance with the City Engineer'S plans and specifications. 3. The City Engineer shall approve the final bid prior to the Hockey Association entering into 3ny contracts to construct the sanitary sewer. 4. No agent, employee or servant of either party shall be deemed to be the employee, agent or servant of the other party. The City assumes no liability or responsibility of any nature relating to the construction of the sanitary sewer line, except as otherwise specifically provided herein. l'tUV- Ii-~O nUN (j; j(j uKHNN1~ LHW urrlvt rH^ NU, 01~qOO~jO~ r. UJ 5. The Hockey Association agrees to hold the city harmless from all claims, demands and causes of action of any kind of character, including the cost ot attorney fees and any other costs of defense thereOf, against any and all liability for personal or bodily injury or damage reSUlting from the installation of the sanitary sewer line. 6. Upon completion of ~he sanitary sewer line and upon the written acceptance by the city Enqineer that the construction of the sewer line conforms with the City'S plans and specifications, the City shall assume ownership and responsibility for the maintenance and repair of the sanitary sewer line. At this time the Hockey Association agrees to assign any warranties for the sanitary sewer line to the city. 7. The City intends to have a park bond referendum to be voted on either April or Hay of 1997. The City agrees to reimburse the HOckey Association for the eost of constructing the sanitary sewer line to the warming house provided the park bond referendum passes. Should the referendum fail the ci~y owes no obliqa~ion to the Hockey Association to reimburse it for the cost of the sanitary sewer line. However, it the cost of the sanitary , sewer line is included in any future park bond referendum, and the rQfarendum passes, the City agrees to then reimburse the Hockey Association for the cost of constructing the sewer line. Cost shall mean the actual amount paid to construct said sanitary sewer line and shall not include any interest. 2 NUV- 4-~b nUN b;j~ li~ANN1~ LAW Urrlvt rH^ NU. Ol~4~O~j~~ r. U~ IN WITNESS WHEREOF, the parties have hereunto set their hands all on the day and year first above written. FARMINGTON YOUTH HOCKEY, INC. CITY OF FARMINGTON By: David Rassmussen It's President By: Eugene "Babe" Kuchera Mayor By: John Rowan It's Treasurer By: 30hn F. Erar city Clerk/Administrator J ~~~: ,j " ,(" J-~ ..z: . """ ';' ., ...... J' GRANNIS LAW OFFICE FROM CITY OF F~INliTDN ", I ". I ~- \ .. 00:..;-... . .. .... .' FAX NO. 6124552359 m 94552359 --.... .. I ~ .. "., .. ( ".'f. I' . :.. .'. . : l. I','" , .~ . ... .. ~. ... 'i" .. :t '. I ." ..:.'. 00 " ;7 .. , - . " - - - ." . .. ...,. ....:r_&...~- .. ''/' .' . ~. ~c:'. .1': I.. .,~ .,. ~. ~...' t..... . . _......., ..' .. If ' . .':':/' ~ t.. . ...:~~ liI'~?~. ..:'; .:-: ~I.. .. ~ ~.~: . ~. I:, ~. :~..~. 'lIo.:r:;',? ~:.~:.;' ~:,::, "~'~I-~~~" .;1:.: ~\ .....i~.:.~..: :!':JPJ;I '? '~'JiI:',"~.;,.~:,~~,~:.-. ';"~"~;.~~~~;.~7~J:J;... '~:""l., :i:':~"'il~~ . I ; _ ,... '..! ...... .'~.. ,;...... . ~.~.,..._.. ., I':" ,'oL:., III . "'~" Co.. _ . "r" - " .... ~....~. ~..' .. ",,'" !":~., .'. ... .'. ,. .~. " ....... (..... .'lo.' , ~"':.'..,,,,,."". . '.=. ,~,... o. -, ."_ ~.... .. ',r..,....,~ .. .. . . ...... . . -.. .. ~ : E"tt ;';i, 'I ''A 'I ISLAND TAN & MORE MARCIA A. GAMER OWNERIOPERATOR 115 ELM STREET SUITE C FARMINGTON, MINN. 56)24 Telephone 612~2002 November 4, 1996 Dear Mayor, Council, and Administrator Erar, I am unable to attend the 11-04-96 Council meeting in which you will be discussing the Elm Street project and CSAH 31, I would like to express my concern on the Elm Street Road. I am in favor of the left hand turn lanes, but I would also like to see the project include a Pedestrian Crossing with a handicap access. I observe everyday from my place of business Seniors on motorized scooters driving down the side of the roadway to get over to the City Center. The Seniors on their Scooters have no way to get from the sidewalk on one side of the street to the sidewalk on the other side, so in turn they drive down the side of the road, and enter at the driveway, These scooters don't move very fast and when met with a car also trying to get into the entrance there is a major slow down. My fear is that someone, sometime is going to be hit by a vehicle and this could cause serious injury or even death as a result of them driving down the side of the road. The other concern I'd like to address is the No Parking Zones, Elm Street from the railroad tracks to 1st street is already No Parking, but a number of people do not abide by the law. I have seen trucks and semi's park along this street and run into Hardee's all hours of the day, With these Vehicles parked there I have seen seniors on their Scooters go around them, This is another reason there needs to be an access for them to get off the street, The Semi's find parking in the no parking zone easier than pulling into the City Center lot, I have seen numerous Trucks run over the bolder and flowers that mark the entrance to the City Center as they cannot make a proper turn. Signs should be placed on the street to direct trucks to the 1 st street entrance to More 4 and Pellicci Hardware, This is where the majority of the Semi Trucks are headed, As should the businesses be telling their vendors of the 1 st street access to their stores, Thank You for your attention, ~;~~ Marcia Gamer Owner Island Tan & More FROM: Mayor and Councilmembers City Administrator~~ Charlie Tooker, City Planner 1~ TO: SUBJECT: Stump and Fence - Deer Meadow DATE: November 4, 1996 INTRODUCTION During the meeting of October 21, 1996, Diane Kies inquired about a farm fence and large tree stump that were to be removed during the development of Deer Meadow Addition. DISCUSSION Staff reviewed the Council minutes of the special meeting of August 28, 1995, which dealt with the preliminary plat of Deer Meadow. The minutes from this meeting indicated that Mr. Giles would be responsible for the clean up of the area. After Counci1member Ristow was provided with this information, he called Mr. Giles and reminded him of his verbal commitment regarding the fence and stump. Following a brief exchange, Mr. Giles agreed to deal with the problem. ACTION REQUIRED This is provided for information only. Respectfully submitted, ct~1v 1! ~~ Charles Tooker City Planner CT3 e.it1J of FarminfJton 325 Oak Street · FarminfJtonl MN 55024 · (612) 463.7111 · Fax (612) 463.2591 50- COUNCIL MINUTES REGULAR OCTOBER 21, 1996 (Meeting held at Akin Road Elementary School) 1. Mayor Kuchera convened the meeting at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Galler, Fitch. 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) Item 5d - Purchase of Minitor Pagers - approve with additional information provided by Fire Chief. b) Item 5h - Sale of Obsolete Solid Waste Vehicle - approve with change in award of sale per recommendation of the Public Works Director. c) Item 5r - Payment of the Bills - remove from Consent for abstention. APIF, MOTION CARRIED. 4, Citizen Comments Diane Kies - Expressed her concerns regarding trees and brush along a field fence between Hill Dee and Deer Meadow Additions. It was her understanding that the developer of Deer Meadow, Tim Giles, was to remove the fence and clean up the area. Staff will research the issue and take required action. Henry Iwerks - Noted there was a mistake on the General Election sample ballot printed in the newspaper. Questioned what the cost would be to correct the error. Staff stated the cost would be approximately $1800 of which the City would be required to pay $900. According to staff, it was unclear where the error had occurred, therefore, the County was also paying half the charge. 5. MOTION by Ristow, second by Fitch to approve the Consent Agenda as follows: a) Approve the minutes of October 7, 1996 as presented. b) Set Special Meeting for November 6 at 5:00 P.M. to accept election results. c) Set Workshop for November 13 to discuss City Development Manual. d) Approve Purchase of Minitor Pagers by Fire Department. e) Approve Purchase of computer and software by Fire Department. f) Adopt RESOLUTION NO. R107-96 authorizing preparation of plans and specifications for municipal pool filtration system replacement. g) Grant trunk sanitary sewer easement to Metropolitan Council in conjunction with prairie Creek Fourth Addition. h) Authorize sale of obsolete solid waste vehicle to Midwest Packers. i) Approve annual snow removal agreement with MnDOT. j) Approve NSP proposal for street and bridge lighting on TH 50 bridge. k) Receive report on Fall Cleanup Day. .. 1) Accept easements for sanitary sewer extension in prairie Creek Fourth Addition. m) Approve change order for Farmington Industrial Park Phase II n) Approve payment for Farmington Industrial Park Phase II to Arcon Construction. 0) Accept Spruce Street Access Project as complete. p) Adopt RESOLUTION NO, R108-96 approving 1996 AFSCME Maintenance Union Contract and adopt RESOLUTION NO. R109-96 approving 1996 AFSCME Clerical/Technical Union Contract. q) Accept resignation of Accounting Clerk. APIF, MOTION CARRIED. 6. MOTION by Galler, second by Fitch to approve payment of the bills as presented. VOTING FOR: Galler, Kuchera, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 7. Larch Street Access Project City Engineer Kaldunski presented information regarding the proposed project. He explained the allocation of costs between the City and developer, noting that the City's cost of $23,000 would be for work done in the center median of TH 3. Engineer Kaldunski confirmed that the project complies with the City's development agreement for East Farmington PUD. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. RllO-96 aceepting the feasibility study and ordering the preparation of plans and specifications for making the improvement. APIF, MOTION CARRIED. 8. Initiate Negotiations for Sanitary Sewer Interceptor City Engineer Kaldunski presented a request for staff to begin negotiations with the City of Lakeville and Metropolitan Council for shared funding of a sanitary sewer trunk interceptor from Akin Road to the northwest City limits. He noted that, per the Comprehensive Sanitary Sewer Plan, a portion of the City of Lakeville will be serviced by this trunk sanitary sewer. He also informed Council that the project may be eligible for funding from the Metropolitan Council if it qualifies as an interceptor. It was noted that the Empire Wastewater Treatment Plant expansion was necessary for this project to proceed and that the Met Council controls the timing of new sanitary sewer trunk installations. MOTION by Galler, second by Kuchera to authorize the initiation of negotiations with the City of Lakeville and Metropolitan Council for shared funding of a sanitary sewer trunk interceptor project. APIF, MOTION CARRIED. 9 , MUSA Update Mr. Kaldunski informed Council of increases in the City's MUSA fund apportionment based on an increase in both miles of MUSA streets in the City and population. He noted that the City has approximately 3 years of allocations in its account balance which results in the City being penalized for retaining too large a balance. A portion of this account balance will be used to finance the Pilot Knob Road realignment project. No action was required. 10, Public Hearings Mayor Kuchera opened four public hearings scheduled for 7:30 P.M.. . Sprute/Severson Annexation Petition Request City Planner Tooker explained the background of the request, noting that the property in question was located at the intersection of County Road 66 and Trunk Highway 3. Council had forwarded the request, which was received in January, to the Joint Empire/Farmington Planning Board. The Board had responded favorably to the annexation request. There was no public comment. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to adopt ORDINANCE NO. 096-381 approving the annexation of 16 acres of land located at the intersection of County Road 66 and TH 3 from Empire Township to the City of Farmington. APIF, MOTION CARRIED, . Ames Construction Mineral Extraction City Engineer Kaldunski stated the excavation permit was for a site located on property owned by Bernard Murphysite and was for work associated with County Road 50 reconstruction project. The Planning Commission had reviewed the permit request and had recommended its approval. Mr. Kaldunski noted that the contractor had also requested an extension of the permit deadline to December 31, 1997. The Council asked several questions regarding end land use, groundwater conditions, and the maintenance of Easter Avenue and the existing culvert. Engineer Kaldunski responded that the land would be restored to conditions suitable for R-1 residential development, the excavation would not be deep enough to encounter groundwater, and that Ames Construction would be responsible for maintaining Easter Avenue and the existing culvert. There were no citizen comments. MOTION by Gamer, second by Ristow to close the public hearing. APIF, MOTION CARRIED. MOTION by Kuchera, second by Ristow to approve the mineral extraction permit and deadline extenstion request for Ames Construction, Inc.. APIF, MOTION CARRIED. . Recycling Zoning Ordinance City Planner Tooker explained the Planning Commission had reviewed recycling activity and had recommended it be added as a conditional use in the 1-1 Light Industrial District. They also recommended that recycling activities be allowed at other locations in the City by permit in conjunction with special events sponsored by community organizations. A member of the audience asked for clarification that recycling would only be allowed in industrial districts. Planner Tooker responded that it would not be allowed in residential areas. Mayor Kuchera asked whether Donn Johnson had been notified of the progress on the issue. Mr. Tooker responded that Mr. Johnson had taken part in the Planning Commission discussions. Member Ristow asked if recycling could take place in any light industrial district. Mr. Tooker stated that it could, but all requests would need to go through a public hearing process. Member Galler stated he felt restrictions should be added regarding the number of hours and/or days a special recycling event could be held each year. After discussion, it was determined that 4 separate occasions, each lasting no longer than 72 hours could be held by anyone community organization each year. Planning Commission Chair Schlawin was present in the audience and stated that the ordinance was generic to the entire community. MOTION by Ristow, second by Kuchera to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Fitch to adopt ORDINANCE NO. 096-382 establishing zoning and conditions for recycling in the City of Farmington. APIF, MOTION CARRIED. . Telecommunications Ordinance Per recommendation of the City Planner, this public hearing was continued until November 18, 1996 in order to allow further review and input. MOTION by Galler, second by Ristow to continue the public hearing until November 18, 1996 at 7:30 P.M.. APIF, MOTION CARRIED, THE COUNCIL TOOK A 5 MINUTE RECESS BEFORE BEGINNING THE PUBLIC INFORMATION MEETING ON COUNTY ROAD 31. 11, County Road 31 Improvement Project Infor.mation Meeting City Engineer Kaldunski provided an overview of the construction portion of the project and City Administrator Erar provided fiscal information. It was emphasized that no decisions would be made this evening as the purpose of the meeting was to provide information and receive input from interested persons. I was noted that the City's share of the project would be $2.5 million, a portion of which would be paid for with MSA funds, the remaining portion financed through proposed assessments or through a Citywide tax levy. Two options for levying project costs north of 195th Street would be through an assessment of property owners within one half mile on both sides of the new road alignment; or through a general tax levy for the entire community. It was also noted that the County and City were awaiting a decision from the Minnesota Department of Transportation regarding the necessity for noise mitigation. If noise mitigation is required, the project may become financially unfeasible. The majority of questions and comments dealt with financing rather than the need for or design of the new alignment. A summary of comments received from the public follows. . Residents in project area should not have to pay the cost of a project which benefits the entire community. . Residents felt that at previous meetings Council had indicated there would be no assessments. . The project should be delayed until funding for entire project is available. . Property values will drop because of the proximity to the new road; therefore, the City would have a difficult time proving benefit. . Assessments on farmland should be deferred and portions of land that are not able to be developed due to wetlands should not be included in assessment area. . Use additional MSA funds which are available to reduce the tax burden on residents. . The new alignment is necessary for both safety and improvement of transportation routes to and from the City. . New residential building should be limited so new roads won't be needed until the City can afford to pay for them. . Many existing homes were built too close to the new road alignment. . Traffic speeds will need to be strictly regulated to protect children in area, particularly near the elementary school. . It is worth the money for the assessment to get a safe road. . This road has been in the works for many years and it is time it is done. . If the City wants industrial growth to continue, the new road has to be completed to provide good access. City staff and Council responses are summarized as follows: . No guarantees were made regarding assessments on the project. The City has an established assessment policy which the Council should follow in order to prevent setting precedents which could hamper future Councils' ability to assess for projects. . MSA funds will be used for this project, however, there are other necessary projects within the City which also need to be partially funded through MSA. . Assessments on existing developed areas would be based on a per buildable lot rate to be spread over 15 years. Farmland would be assessed on a per acre basis; farmland fees to be deferred until the property is developed. The Industrial Park will also be assessed for the project. . It isn't feasible to delay the project until the City saves the money to completely fund it because project costs will only continue to rise and the project would never be done. . A general tax levy on the City will cost substantially more to implement and will raise the tax capacity rate which deters attracting new business and residential development. . Lots adjacent to the new road were sold at a reduced rate. Homes in some areas were built prior to current setback standards. Closest home is more than 50 feet from the curb line of the new road. . Traffic speeds and signal installation are regulated by MnDOT traffic standards regulations. Signals will be installed when warranted. . A decision on the project can only be made after noise mitigation is determined. If the decision is favorable, a financing decision will need to be made in early 1997 for spring construction start. The Council thanked the public for attending and for their input. 12 . Roundtable Councilmember Fitch - Asked City Administrator Erar whether any individual Councilmember or the Council as a whole had the ability to terminate an employee. City Administrator Erar responded that employees could only be fired upon recommendation of the Administrator and only with just cause. 13. MOTION by Fitch, second by Gamer to adjourn at 9:55 P.M.. APIF, MOTION CARRIED. Respectfully submitted, Mary Hanson Clerk Typist Sb FROM: Mayor and counCilf:mrs, City Administrator Mary Hanson, Cler Typist TO: SUBJECT: Farmington Chemical Health Week - Nov. 18-24 DATE: November 4, 1996 INTRODUCTION/DISCUSSION The City has received a request from the School District to proclaim the week of November 18-24 as Farmington Chemical Health Week. The theme for the week is "Alcohol, Tobacco and Other Drug Abuse Costs...prevention Saves!" The District is also requesting that members of the community wear red on Wednesday, November 20th to show support of chemical abuse prevention efforts. Attached is a copy of the School District's request and sample proclamation. ACTION REQUESTED Approve issuing the attached proclamation. Respectfully submitted, y ~itlJ. of FarminlJton 325 Oalc Street - Farminljton/ MN 550211- (612) 1163-7111 - Fax (612) 1163-2591 FARMINGTON SENIOR HIGH SCHOOL IND. SCHOOL DISTRICT 192 ACCREDITED BY THE NORTH CENTRAL ASSN. OF COLLEGES AND SCHOOLS "SPIRIT OF EXCELLENCE" ~ .. .".~. [~-~:,\-~~,~~.~:::~ - --~-~-;...~~--- ------- 800 DENMARK AVENUE FARMINGTON, MINNESOTA 55024-9002 TELEPHONE: (612) 463-6500 FAX (612) 463-2870 Ms. MONICA KITTOCK-SARGENT, PRINCIPAL MR. GARY WEIS, ASST, PRINCIPAL October 16, 1996 Mr. John Erar City Administrator 325 Oak Street Farmington, MN 55024 Dear Mr. Erar: The sixth annual Minnesota Chemical Health Week is being observed from November 18-24, 1996. It is a week that has been organized to heighten awareness of alcohol, tobacco and other drug abuse through the integration of prevention endeavors during a focused time period. The week continues the theme: Alcohol, Tobacco and Other Drug Abuse CostsoooPrevention Saves! For the past several years, the Mayor and City Council have made a proclamation to state that they support the prevention efforts during Chemical Health Week. The Farmington Chemical Health Week Committee is hoping that they will be able to make the proclamation again. Would you bring this to them for discussion? There is a sample proclamation enclosed for your convenience. We are 21so asking members ofthe community to wcar red on \Vednesday, November 2{}, tv show their support for prevention activities. Thank you for your help in promoting drug and alcohol prevention in the City of Farmington. If you have any questions or would like additional ideas of ways to become involved, please call me at 463-6512. Sincerely, Jh~( sitf'7):,j; -~6-rK/ I Gail Hoxie-Setterstrom Member of Farmington Community Chemical Health Week Committee EQUAL OPPORTUNITY EMPLOYER WHEREAS, over half a million Americans will die this year from alcohol, tobacco and other drug related causes; WHEREAS, every man, woman and child in America pays nearly $1,000 annually to cover the costs of unnecessary health care, extra law enforcement, auto accidents, crime, and lost productivity resulting from substance abuse; WHEREAS, every person in the State of Minnesota is affected by alcohol, tobacco and other drug abuse; WHEREAS, prevention and treatment efforts have made major gains in reversing the trend toward more and more alcohol, tobacco and other drug use; WHEREAS, the color red has been chosen to represent individual and community commitment to efforts to reduce demand for alcohol and other drugs in our communities; WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, neighborhoods, youth, senior citizens, and other individuals are encouraged to demonstrate their commitment to help reduce and prevent alcohol, tobacco and other drug abuse by wearing and/or displaying the color red during Minnesota Chemical Health Week. THEREFORE, BE IT RESOLVED that the honorable Mayor Eugene "Babe" Kuchera and the Council of the City of Farmington declare November 18-24, 1996, "Minnesota Chemical Health Week in the City of Farmington" , and support activities sponsored by Minnesota Chemical Health Week, MADD's Red Ribbon Project, and D-Day, and encourage all citizens to participate in Minnesota Chemical Health Week activities and other drug abuse prevention efforts year round. 5L FROM: Mayor, Councilmembers City Administrator pt- Karen Finstuen TO: SUBJECT: Set Public Hearing, Licenses and Permits DATE: November 4, 1996 INTRODUCTION A public hearing needs to be set to review various annual License renewals for the year of 1997. DISCUSSION Each year the following licenses expire December 31, and are required by our ordinances, to be reviewed at a public hearing prior to renewal: On-Sale Liquor Licenses Sunday Liquor Licenses Club Licenses Therappeutic Massage Licenses ACTION REQUIRED Set a public hearing for 7:00 p.m., November 18, 1996, to review licenses. Respectfully submitted, ~iJn.~ Karen Finstuen Administrative Assistant CitlJ, of FarminfJton 325 Oak Street · Farmington, MN 55024 · (612) 463-7111 · Fair (612) 463-2591 3d FROM: Mayor, councilmem~. e..: . City Administrator f'1"'V" James Bell, Parks and Recreation Director TO: SUBJECT: Accept Donation of Light Poles at the Industrial Park. DATE: November 4,1996 INTRODUCTION City policy requires that all donations be accepted by resolution of the City Council. DISCUSSION Staffhas received light poles for the industrial park street construction project from an anonymous donor. These poles will be used to provide street lighting. ACTION REQUIRED Adopt the attached resolution accepting the donation. Respectfully submitted, ~~ ~~ James Bell Parks and Recreation Director - C!tlJ. of Farmington 325 Oale Street · Farm;ntjton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591 PRO P 0 SED RESOLUTION ACCEPTING DONATION OF LIGHT POLES 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 4th day of November, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, a donor who wishes to remain anonymous has generously donated light poles to the City of Farmington to be used in the Farmington Industrial Park; and WHEREAS, it is in the best interest of the City to accept such a generous donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the donation of light poles from the donor to be used at the Farmington Industrial Park. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Mayor Attested to the ___ day of November, 1996. City Administrator SEAL ~ TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Finance Director Selection Hiring Recommendation DATE: November 4, 1996 INTRODUCTION The hiring process for the appointment of a new Director Finance has been completed. An interview panel consisting of the Finance Director from the city of Eagan, Gene Van Overbeke, the Finance Director from the city ofLakeville, Dennis Feller, and myself interviewed five finalists for this position. DISCUSSION Due to the exceptional caliber and excellent qualifications of the applicants, the choice was extremely difficult. After a thorough review of the applicants, I am pleased to announce that Ms. Robin Roland has been offered the position of Director of Finance, subject to ratification by the City Council. Ms. Roland currently serves as the Assistant Finance Director for the city of White Bear Lake and has been with that city for the last seven years. Prior to her current position, Robin has served in various accounting and finance positions in the field since 1983. She has a Bachelor's Degree in Finance and Accounting from the Carlson School of Business, University of Minnesota. Robin also serves on several committees, most notably as the 1996 Program Chair for the Minnesota Government Finance Officers Association. A highly respected and coveted appointment in that professional association. BUDGET IMPACT There are adequate funds available for this recommended appointment. RECOMMENDATION Approve the appointment of Ms. Robin Roland as the Director of Finance for the City of Farmington effective November 18, 1996. f!~es;:il;~ ohn F. Erar City Administrator CitlJ of FarminfJton 325 Oak Street. FarminfJtonl MN 55024 · (612) 463-7111 · FlU (612) 463-2591 5~ TO: Mayor, Councilmembers and City Administrato~ FROM: Thomas J. Kaldunski, P .E. Director of Public Works/City Engineer SUBJECT: Adopt Resolution Amending Resolution R4-96, Water Treatment Fee DATE: November 4, 1996 INTRODUCTION The City Council has adopted the 1996 Comprehensive Water Supply and Distribution Plan. This major comprehensive plan amendment recommends the establishment of a Water Treatment Plant fee. DISCUSSION The Comprehensive Plan recommends that a Water Treatment Plant charge be established. The study outlines the fee as $470/Residential Equivalency Unit (REU), defmed as 274/gallons per day water demand, which is consistent with the Metropolitan Council's SAC unit. The study indicates that this cost should be split evenly among all new water connections. This fee will be collected from each new water service per single family unit (Le., each single family new home, townhouse unit, apartment or single family unit in duplexes, triplexes, etc. will be considered and 1 REU). Large commercial and industrial customers will be charged based upon their estimate of average daily water usage. This average daily water usage will be divided by 274/gpd to determine the number ofREU's. Attached is a proposed resolution establishing the 1996/1997 Water Treatment Plant charge at $470/REU. The Council should consider adopting this fee by approving the attached resolution. The Water Board has recommended the establishment of this fee for all new connections. Existing water customers will not be charged this fee until such time as the Water Board is preparing to initiate the construction of a Water Treatment facility. The Comprehensive Water Plan predicts the construction of the Water Treatment Plant between 2011-2015 at a cost of $7,500,000. BUDGET IMPACT The establishment of this fee will provide the City with a long term funding mechanism that will help finance the construction of a Water Treatment facility. The revenues from this fee should be placed in a dedicated fund to be established by the Finance Department. Citl}. of FarminiJ.ton 325 Oak Street. Farmint}ton} MN 55024 · (612) 463.7111 · FaIr (612) 463.2591 RECOMMENDATION Adopt the attached resolution establishing the Water Treatment Plant fee for 1996/1997 at $470/REU. :;zy :~i2-J Thomas ~dunski, P.E. Director of Public Works/City Engineer TJK/ll cc: file Development Committee Water Board Proposed RESOLUTION NO. R -96 AMENDING RESOLUTION NO. R4-96 (1996 FEES AND CHARGES) BY ADDING 1996/1997 WATER TREATMENT FEE Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Civic Center of said City on the 4th day of November, 1996 at 7:00 p.m.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Council has the right to establish fees for services provided by the City; and WHEREAS, the City's Water Board has reviewed and approved the Water Supply and Distribu- tion Plan, July 1996, as prepared by Bonestroo, Rosene, Anderlik and Associates ;and WHEREAS, the Water Board has recommended that the City Council adopt this plan which established the water treatment charge; and WHEREAS, the City Council adopted this document at it's regular meeting on September 16, 1996; and WHEREAS, the Council, as recommended by the Water Board, has determined that the 1996/ 1997 fees for Water Treatment should be established as follows: ~ Water Treatment Plant Cost (Residential equivalent unit = 274 gpd usage) $470/REU NOW THEREFORE, BE IT RESOLVED that the above listed fees for Water Treatment Plant Costs are hereby adopted. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Mayor Attested to the day of ,199_ Clerk! Administrator SEAL 71 53 TO: Mayor, Councilmembers and City Administrato~ FROM: Joy Lillejord, Recreation Program Supervisor SUBJECT: New Membership Fees at Senior Center DATE: November 4, 1996 INTRODUCTIONIDISCUSSION The Senior Center Advisory Council has implemented an annual membership drive. Memberships will go into effect January 1, 1997. Dues for those who are interested in joining the Farmington Community Senior Center are $3.00 for an individual and $5.00 per couple. The Advisory Council has set aside a small amount of money, that was donated, to allow those who cannot afford these dues but would still like to become a member of the Senior Center. Those members who choose to pay the dues will be entitled to the Senior News, a monthly newsletter that is mailed out, also special events, programs and activities that are on-going throughout the year. The revenue generated through this membership drive will help us provide these programs and activities as well as special events and entertainment. ACTION REQUIRED Adopt resolution to add annual membership fees at the Senior Center. Respectfully submitted, ~ M. ct~t9CiH- Joy M. Lillejord Recreation Program Supervisor CitlJ. ofFarminiJ.ton 325 Oak Street · Farminf/ton, MN 55024 · (612) 463,7111 · Fa~ (612) 463.2591 PRO P 0 SED RESOLUTION AMENDING RESOLUTION NO. R4-96 (1996 FEES AND CHARGES) BY ADDING SENIOR CENTER MEMBERSHIP FEES 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 4th day of November, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City Council has the right to establish fees for services provided by the City; and WHEREAS, the Council has determined that Senior Center annual membership fees, beginning January 1, 1997, should be established as follows: Individual Membership Joint Spousal Membership $ 3.00/person S.OO/couple NOW, THEREFORE, BE IT RESOLVED that the above listed membership fees for the Farmington Area Senior Center are hereby adopted. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Mayor Attested to the _____ day of November, 1996. City Administrator 5h TO: Mayor, councilmember~ City Administrator ~~ J FROM: Charles Tooker, City Planner SUBJECT: Third Quarter Building Permit Summary DATE: November 4, 1996 :INTRODUCT:ION This is the third update on building activity which contrasts actual growth of the City with the stated Council optimum of 300 housing units per year. D:ISCUSS:ION From January 1st through the end of September, 1996, a total of 257 single family dwelling permits were issued. On an annual basis, this rate would produce 342 single family housing units. In addition, 20 townhouse units and two twin homes have been built, bringing the total number of dwelling units at the end of the third quarter to 281. It is worth noting that as of October 21st, an additional 19 single family dwelling permits were issued, plus one more townhome indicating that the City has already reached the Council's optimum of 300 housing units for this year. Single family permits have been valued at $25,373,003 and multiple units were valued at $1,566,000. Not quite half of the residential units (130 of the 281) were valued between $69,000 and $90,000. Residential remodeling accounts for $855,186 in added value and two industrial permits have yielded $1,670,000 in additional value. ACT:ION REQUIRED This memo is for information purposes only. Respectfully submitted, {Jf~ 17 ~~ Charles Tooker City Planner CT2 CitlJ. of FarminiJ.ton 325 Oak Street · FarminlJ.tonJ MN 55024 · (612) 463.7111 · FaK (612) 463.2591 COUNCIL MEETING 11/4/96 COUNCIL REGISTER VENDOR ACTIVITY PAGE 1 DESCRIPTION CHECK AMOUNT CK-SUBSYS .--------------------------------------------------------------------------------------------------------------------- IP BENTLY, CORY <*> CAREY, PAT <*> COLLEGE CITY BEVERAGE INC <*> Crews, Justin <*> FINSTUEN, KAREN <*> FRED PRYOR SEMINARS <*> FRITZ COMPANY INC <*> GRIGGS COOPER & CO <*> Harry S Johnson Co Inc <*> JOHNSON BROTHERS LIQUOR COMPAN <*> Jo's Cafe <*> KELLY ELECTRIC INC <*> KEN KUCHERA <*> MALLOY MONTAGUE KARNOWSKI RADO <*> MCMAHON, TERRY/KORINE <*> METROPOLITAN WASTE CONTROL COM <*> MINNESOTA STATE TREASURER <*> NORTHERN STATES POWER COMPANY <*> NORTON, LINDA K <*> PANEL CRAFT Recreation Prog Recreation prog LIQUOR STORE Recreation prog RECREATION PROGR STREET MAINT LIQUOR STORE LIQUOR STORE HRA/ECONOMIC DEV LIQUOR STORE HRA/ECONOMIC DEV HRA/ECONOMIC DEV FIRE SERVICES HRA/ECONOMIC DEV ICE ARENA SEWER OPEATIONS BUILDING INSPECT EMERG MGMT SERV ADMINISTRATION ENGINEERING SERV FIRE SERVICES GEN ACCOUNTING HRA/ECONOMIC DEV ICE ARENA LIQUOR STORE PARK MAINT POLICE ADMIN RECREATION PROGR SENIOR CITIZEN SEWER OPEATIONS SOLID WASTE STREET MAINT SWIMMING POOL TREE MAINTENANCE WATER UTILITY BUILDING INSPECT Recreation Program-T 210.00 210.00* 195,00 195.00* 8,438.20 8,438.20* 25.00 25,00* 95,50 95.50* 99.00 99.00* 417.78 417.78* 1,365.37 1,365.37* 2,497.72 2,497.72* 1,821. 76 1,821. 76* 46.74 46.74* 43.66 43.66* 320.51 320.51* 3,000.00 3,000.00* 90.00 90.00* 20,493.00 20,493.00* 5,693,34 5,693.34* 6.28 6.28* 63.96 35.25 3.21 30,43 12,31 15,48 30.43 21. 67 110.72 10.22 2.07 11.00 6.48 46.54 7.25 5.94 12.04 425.00* 5.60 Park & Rec Program-T MERCH FOR RESALE Program Refund-Socce Park & Rec Halloween BLOOMINGTON SEMINAR MERCH FOR RESALE MERCH REFUSED CREDIT Prelim & Final Plat MERCH REFUSED CREDIT HRA LUNCH EXPENSE SERVICE CALL-PARTS & OCTOBER EXPENSES 1995 CITY AUDIT - HR PARK&REC - SKATING R SVC AVAIL CHG MONTHL BLDG PERMIT SURCHARG UTILITY - CIVIL DEFE BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS REFUND ON BLDG PERMI IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP COUNCIL REGISTER VENDOR <*> PEDERSON, DANE/KRISTINE <*> PEPSI COLA COMPANY <*> PHILLIPS WINE AND SPIRITS INC <*> QUALITY WINE AND SPIRITS CO <*> RON'S GOURMET ICE <*> SCHOOLMEESTER, JOEY <*> SPEIKER, MARILYN <*> THOMPSON, CHARLENE <*> US WEST COMMUNICATIONS <*> WACKER, JEROME <*> WOLTERS, MIKE <*> 4 PAWS C/O CURT FINCH <*> AIRTOUCH CELLULAR <*> APPLE VALLEY PARKS & RECREATIO <*> ARAMARK FOOD SERVICE DIRECTOR <*> BARTON SAND & GRAVEL CO <*> BATTERIES PLUS <*> BONESTROO, ROSENE, ANDERLIK IN <*> BT OFFICE PRODUCTS INTERNATION <*> BUDGET MART #210 <*> BURNSVILLE SANITARY COMPANY <*> C P RAIL LIMITED <*> CATCO PARTS SERVICE <*> CITY OF FARMINGTON PAGE 2 ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYS 5,60* Recreation prog PROGRAM REFUND-SOCCE 25.00 25.00* LIQUOR STORE MERCH FOR RESALE 161. 25 161.25* LIQUOR STORE BILLING ERROR CREDIT 1,237.50 1,237.50* LIQUOR STORE MERCH FOR RESALE 541.04 541. 04* LIQUOR STORE MERCH FOR RESALE 685.85 685.85* Recreation prog TOUCHFOOTBALL CONTRA 180.00 180.00* ADMINISTRATION REIMBURSE COFFEE POT 10.61 10.61* Recreation prog PROGRAM REFUND-SOCCE 50.00 50.00* GEN ACCOUNTING UTILITY-LOGIS 369.28 369.28* POLICE ADMIN REIMBURSE MEAL EXPEN 6.05 6.05* Recreation prog TOUCH FOOTBALL CONTRA 180.00 180.00* 48,736.04* POLICE ADMIN SEPT FEES 795.00 795.00* BUILDING INSPECT CELL PHONE 720-1650 29.87 INVESTIGATION CELL PHONE 247-7042 26.92 PATROL SERVICES CELL PHONE 247-7043 175.75 POLICE ADMIN CELL PHONE 247-7041 26.92 259.46* RECREATION PROGR GROUND POUNDERS SERI 43.52 43.52* ADMINISTRATION COFFEE-PRIMARY ELECT 7.50 7.50* STREET MAINT GRAVEL BASE 535,88 535.88* STREET MAINT MATERIALS & SUPPLIES 6.69 6.69* PRAIRIE WAT PH 3 PROFESSIONAL SERVICE 80.25 SE AREA STRM SEW PROFESSIONAL SERVICE 53.50 SEWER OPEATIONS SEWER RATE STUDY 3,982.50 STATE AID STREET PROFESSIONAL SERVICE 655.90 4,772,15* ADMINISTRATION OFFICE SUPPLIES 67.15 67.15* PATROL SERVICES FUEL 340.17 340.17* SOLID WASTE MATERIALS & SUPPLIES 6,620.55 6,620.55* SIGNAL MAINT SPECIAL ACTIVITIES 675.00 675.00* STREET MAINT EQUIP MAINT & RENTAL 124.88 124,88* BUILDING MAINT UTILITY 30,45 I. IP IP IP IP IP IP IP IP IP IP <*> OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR ACTIVITY PAGE 3 DESCRIPTION CREeK AMOUNT CK-SUBSYS ------------------------------------------------------------------------------------------------------------------------ CITY OF FARMINGTON <*> COMM CENTER <*> COORDINATED BUSINESS SYSTEMS L <*> CSL INC <*> Conoco <*> DAKOTA COUNTY RECORDER <*> DAKOTA COUNTY TREASURER <*> DUEBERS DEPT STORE <*> EARTRSKY SCIENCE PROGRAMS <*> FARMINGTON INDEPENDENT <*> FIRSTAFF <*> FRANKLIN QUEST <*> FRIEDGES LANDSCAPING INC <*> FRONTIER COMMUNICATIONS <*> FRONTIER COMMUNICATIONS SERVIC <*> FRONTLINE PLUS FIRE & RESQUE <*> GENERAL OFFICE PRODUCTS COMPAN <*> GOPRER SIGN CO <*> GREG LARSON SPORTS <*> ROLLATZ, LEE <*> I T L PATCR COMPANY FIRE SERVICES ICE ARENA LIBRARY SERVICES LIQUOR STORE PARK MAINT SENIOR CITIZEN STREET MAINT SWIMMING POOL POLICE ADMIN SENIOR CITIZEN ICE ARENA BUILDING INSPECT FIRE SERVICES PARK MAINT PATROL SERVICES SOLID WASTE ADMINISTRATION COUNTY ROAD 31 PATROL SERVICES Recreation prog Recreation prog ADMINISTRATION ADMINISTRATION ADMINISTRATION DAKOTA ESTATES 9 PRAIRIE CREEK 2 MIS ADMINISTRATION FIRE SERVICES ADMINISTRATION SEWER OPEATIONS WATER UTILITY Recreation prog PATROL SERVICES PATROL SERVICES UTILITY UTILITY UTILITY UTILITY - WATER UTILITY UTILITY UTILITIES UTILITY 385.89 1,136.65 379.49 582.93 408.23 311.98 108,42 336.41 3,680,45* 135.55 135.55* 97.00 97,00* 72.80 72.80* 106.21 155.42 89.89 355,18 583.17 1,289.87* 159.00 159.00* 15,446.88 15,446,88* 2,86 29.43 32.29* 163.00 163.00* 108.88 108.88* 528.00 528.00* 522.61 522.61* 1,280.00 1,280.00 2,560.00* 754.82 754.82* 14 .13 14.13* 3,749.50 3,749,50* 23,92 23.92* 279.13 279.12 558,25* 6.35 6.35* 151.66 151. 66* 34.92 PARTS/REPAIRS SERVICE CALL MERCHANDISE FUEL FUEL FUEL FUEL FUEL RECORDING FEES 9/96 CP 31-31 PROFESSIONA CRG #13 CRG #48 PIONEER DAY OCTOBER CRGS RECEPTIONIST SUPPLIES CONSTRUCTION DAKOTA CONSTRUCTION ACCESS SERVICE PRONE SERVICE SUPPLIES STAMP PRONE CHARGES PRONE CHARGES SUPPLIES REIMBURSEMENT HAT BADGE OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR COUNCIL REGISTER VENDOR <*> IKON CAPITAL <*> J P COOKE CO <*> JAYTECH INC <*> JR'S APPLIANCE DISPOSAL INC <*> KALDUNSKI, TOM <*> KAMEN, DON <*> KELLY ELECTRIC INC <*> LAKEVILLE PARKS & RECREATION <*> LAKEVILLE TROPHY COMPANY <*> LAMPERTS <*> LANDFILL RECOVERY SYSTEMS <*> LEAGUE OF MINNESOTA CITIES INS <*> LEAURE OF MINNESOTA CITIES INS <*> MARCUS CABLE <*> MARTIN HEIKES INC <*> MAXIM TECHNOLOGIES INC <*> MENARDS <*> MINNEAPOLIS COMMUNITY COLLEGE PAGE 4 ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYS 34.92* ADMINISTRATION EQUIP RENTAL 575.78 575.78* POLICE ADMIN SUPPLIES 42,66 42,66* ICE ARENA MERCHANDISE 577.52 577.52* SOLID WASTE CLEAN UP DAY 843.00 843.00* ENGINEERING SERV REIMBURSEMENT 61. 86 61.86* SOLID WASTE MOTOR OIL 367.80 STREET MAINT MOTOR OIL 183.90 551,70* BUILDING MAINT LABOR CHARGE 363.42 SIGNAL MAINT DWNTWN OUTLET REPAIR 524.49 887.91* RECREATION PROGR GROUND POUNDERS SERlE 151.99 151.99* Recreation prog STATE PLAQUE - TOUCH 53.25 53.25* STREET MAINT SUPPLIES 1. 91 1.91* SOLID WASTE CLEAN UP DAY 1,500.00 1,500,00* ADMINISTRATION BENEFITS 394.72 ENGINEERING SERV BENEFITS 326.60 FIRE SERVICES BENEFITS 518.10 GEN ACCOUNTING BENEFITS 29.94 HRA/ECONOMIC DEV BENEFITS 70.99 ICE ARENA BENEFITS 257.20 LEGISLATIVE CTRL BENEFITS 229.83 LIQUOR STORE BENEFITS 279.35 PARK MAINT BENEFITS 330.38 POLICE ADMIN BENEFITS 1,187.26 RECREATION PROGR BENEFITS 128.15 SENIOR CITIZEN BENEFITS 48,76 SEWER OPEATIONS BENEFITS 142.21 SOLID WASTE BENEFITS 1,332,11 STREET MAINT BENEFITS 807.21 SWIMMING POOL BENEFITS 217.05 TREE MAINTENANCE BENEFITS 52.09 WATER UTILITY BENEFITS 103.05 6,455.00* RISK MANAGEMENT RICHARD & DAWN COLE 328.00 328.00* FIRE SERVICES CABLE SERVICE 3.10 3.10* SOLID WASTE EQUIP MAINT & RENTAL 100,00 100.00* WATER UTILITY ANALYTICAL SERVICES 50.00 50.00* PARK MAINT SUPPLIES 291.04 291.04* PATROL SERVICES FIREARMS INSTRUCTOR 500.00 OH OH OH OH DH OH OH OH OH OH OH OH OH OH OH OH OH OH CH OH OH OH OH OH OH OH OH OH OH OH OH "H 0H OH COUNCIL REGISTER VENDOR ACTIVITY PAGE 5 DESCRIPTION CHECK AMOUNT CK-SUBSYS <*> --------------------------------------------------------------------------------------------------------------------- MINNESOTA MUTUAL <*> MINNESOTA RECREATION & PARK AS <.> MINNESOTA STATE FIRE DEPT ASSN <.> NATIONAL SOCIETY OF PROFESSION <.> NORTHERN STATES POWER COMPANY <.> NORTHSTAR REPRO PRODUCTS INC <.> OUR DESIGNS INC <.> PEOPLES NATURAL GAS <.> PITNEY BOWES <*> ROO EQUIPMENT <*> ROFIDAL' KEVIN <*> SCAN AIR FILTER INC <.> SCHINDLER, RICHARD <.> SCHWAB, VOLLHABER, LUBRATT SER <.> SELECT ACCOUNT ADMINISTRATION ENGINEERING SERV FIRE SERVICES GEN ACCOUNTING HRA/ECONOMIC DEV ICE ARENA LIQUOR STORE PARK MAINT POLICE ADMIN RECREATION PROGR SENIOR CITIZEN SEWER OPEATIONS SOLID WASTE STREET MAINT SWIMMING POOL TREE MAINTENANCE WATER UTILITY Recreation prog FIRE SERVICES ENGINEERING SERV I CE ARENA LIQUOR STORE PARK MAINT SENIOR CITIZEN SWIMMING POOL ENGINEERING SERV FIRE SERVICES PARK MAINT ADMINISTRATION TREE MAINTENANCE PATROL SERVICES ICE ARENA ENGINEERING SERV BUILDING MAINT ADMINISTRATION ENGINEERING SERV FIRE SERVICES GEN ACCOUNTING HRA/ECONOMIC DEV ICE ARENA BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS 500.00* 27.09 14.93 1.36 12.89 5,21 6.54 12.89 9.19 46.89 4.33 0.88 4.66 2.74 19.71 3,07 2.52 5.10 180.00. 360.00 360.00. 120,00 120.00. 233.00 233.00. 3,170.61 297.12 1,139.00 116.59 437.25 5,160.57. 86.46 86.46. 29.50 29.50* 6.72 6.72* 709.89 709.89. 1,065.00 1,065.00. 45.38 45,38* 349.22 349.22. 41.16 41. 16 * 995.00 995.00. 36.46 20.09 1. 83 17.35 7.02 8.81 STATE BRTH TOUCH FOO 1997 MEMBERSHIP MEMBERSHIP 457934913291 1976839229290 965231510291 2458032410290 1802438908291 OFFICE SUPPLIES FIREFIGHTER STATUSS UTILITIES EQUIP MAINE/RENTAL EQUIP RENTAL REIMBURSEMENTS EQUIP MAINT/RENTAL MILEAGE REIMBURSEMEN PROFESSIONAL SERVICE BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS BENEFITS OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR PAGE 6 ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYS SELECT ACCOUNT ------------------------------------------------------------------------------------------------------------------------ ..).. SKB <*> <*> SOUTH SUBURBAN MEDICAL CLINIC <*> STATE OF MINNESOTA STREICHER'S <*> <*> SWEENEY BROTHERS TRACTOR INC <*> UNITOG WACKER, JEROME WAGERS XEROX CORPORATION APPROVED: <*> <*> <*> <*> Kuchera Galler Fitch Gamer Ristow LIQUOR STORE BENEFITS 17.35 PARK MAINT BENEFITS 12.35 POLICE ADMIN BENEFITS 63.11 RECREATION PROGR BENEFITS 5.83 SENIOR CITIZEN BENEFITS 1.18 SEWER OPEATIONS BENEFITS 6.27 SOLID WASTE BENEFITS 3.69 STREET MAINT BENEFITS 26,53 SWIMMING POOL BENEFITS 4.13 TREE MAINTENANCE BENEFITS 3.39 WATER UTILITY BENEFITS 6.86 242.25* SOLID WASTE RICH VALLEY SOLID WA 147.00 147.00* FIRE SERVICES REQUIRED PHYSICAL 202,50 202,50* PATROL SERVICES PROFESSIONAL CHGS 270.00 270,00* PATROL SERVICES EQUIP MAINT/RENTAL 2,672.03 2,672.03* STREET MAINT EQUIP MAINT/RENTAL 25.65 25.65* SOLID WASTE UNIFORMS 91. 61 STREET MAINT UNIFORMS 213.83 305.44* PATROL SERVICES REIMBURSEMENT 99.00 99.00* ADMINISTRATION EQUIP MAINT AGREEMEN 297.00 297.00* ADMINISTRATION EQUIP MAINT/RENTAL 1,057.15 1,057.15* 72,012.47* KEY OR IP= Current List of Bills Previously Paid Bills OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH <*> TO: Mayor and Councilmembers g~ FROM: John F. Erar, City Administrator SUBJECT: Cable TV Franchise Agreement - Cooperative Effort Update Availability of Used Video Equipment for Meeting Broadcasts DATE: November 4, 1996 INTRODUCTION The purpose of this memo is to update Council on the status of the City's efforts to work with other communities in the franchise renewal process. In addition, discussions with the city of Lakeville staff concerning the availability of their used video equipment should the Lakeville City Council be so inclined to donate this equipment to our City. The donation of this equipment may present some opportunity to begin recording and televising City Council and other public meetings. DISCUSSION Cooperative Franchise Renewal Effort Several meetings have been held with the other cities in this effort, and progress is being made towards some type of joint negotiations approach with Marcus Cable. It should be noted that at this time all cities are committed to working together, by sharing information and costs in the franchise renewal process, although no formal commitment has been made by any city towards the creation of a joint powers board or agreement. As part of this cooperative effort, the City has received a report commissioned in this effort that reviews our cable tv franchise agreement and related cable tv system within the community. The results of this study strongly suggest that the city of Farmington will need to take some very vigorous steps in bringing our community up to appropriate telecommunications standards and related franchise fee structures. This report also compares and contrasts our community's technological standards and franchise agreement with the cities of Rosemount, Apple Valley and Lakeville. This was a very important first step towards identifying the type of resources and opportunities each community has, as well as what efforts will need to be taken to bring our community up to comparable standards. A copy of this report is attached to this memo. The next phase of this effort will be to draft a model cable television ordinance and model franchise agreement. The cost of this effort, again, is proposed to be shared equally by all four communities. These model documents will provide the City with an appropriate telecommunications standard for use in the franchise renewal process, as well as a workable, and up-to-date telecommunications ordinance to regulate cable providers within the community. Availability of Used Cable TV Video Equipment In my conversations with Lakeville city staff, an opportunity has presented itself involving the availability of their used cable tv video equipment through donation. The city of Lakeville is replacing its CitlJ. of FarminlJ.ton 325 Oale Street. FarmintJton,)AN 55024. (612) 463-7111 · FaK (612) 463-2591 Mayor and Councilmembers Cable Franchise Renewal Process Page 2 of2 equipment with new components as part of its normal capital replacment plan schedule. Used available components include video cameras, microphones, system control unit, video recording equipment, lenses, and power supplies. It is my understanding that most of this equipment is still functioning and could be adapted to our Council Chambers for either live or recorded broadcasts. It is suggested that if Council is receptive to this opportunity, a letter from the City should be sent to the Lakeville City Council acknowledging our desire to be considered for the kind and generous donation of their video equipment. The city of Lakeville has made this type of equipment available through donation to other public agencies in the past, most notably Dakota County. BUDGET IMP ACT There is adequate funding in the 1997 Budget for the model documents discussed under cooperative efforts. I have discussed payment expectations with the other cities involved in this effort, and they are willing to accept payment in 1997 for any expenses incurred in fiscal year 1996 for consultation services provided thus far. Professional services are being provided to the group of communities by Mr. Thomas Creighton, of the law firm of Bemik and Ufson. Mr, Creighton is a nationally acknowledged expert in telecommunications law, and has been recognized in the state of Minnesota as a leading telecommunications legal expert as well as a proponent of cities becoming more agressive in related telecommunications issues. ACTION REOUESTED 1) Approve the City's financial participation in the drafting of a model telecommunications ordinance and franchise renewal document. 2) Approve the City's request to the City of Lakeville for the potential donation of their used cable television video equipment. Approval of the City's request will be dependent upon positive consideration by the Lakeville City Council. R~s e~tfull1 su~mitted, I, t{c1Y:~ ohn F. Erar City Administrator BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW ROSS A. SUSSMAN NEAL ,J, SHAPIRO SAUL. A. BERNICK- THOMAS O. CREIGHTON SUITE 1200, THE COL.ONNAOE tAL,50 AOMITTEO IN WISCONSIN -AL.SO CERTIFIEO PUBL.IC ACCOUNTANT S!500 WAYZATA aOULEVARO MINNEAPOLIS, MINNESOTA 55416-1270 L.EGAL. ASSISTANTS SCOTT A. L.JFSON ..JO BROWN CAVID K. NIGHTINGAL.Et PAU L. ..J. QUAST- THERESA M. KOWALSKI REBECCA..J. HELTZER RoaERT J. V, VOSE TELEPHONE (612) 546-1200 FACSIMILE (6121 546-1003 JOAN M. SCHULKERS KATHRYN G. MASTERMAN Memorandum TO: FROM: DATE: RE: Cities of Lakeville, Rosemount, Farmington, and Apple Valley Bernick and Lifson, Thomas D. Creighton, and Robert J. v~Vose~() October 29, 1996 y.l Cooperative Efforts The Cities of Lakeville, Rosemount, Farmington, and Apple Valley (the "Cities") have expressed an interest in joining in some form of collective effort regarding communications issues, whether simply periodic meetings, a formal agreement to jointly negotiate renewal of the cable franchise, or formation of a long-term joint powers consortium. This Memorandum identifies areas of cable franchise similarity and dissimilarity between the Cities. Because of the need to provide narrative regarding current franchise obligations, a comparative memo format was used rather than a spread-sheet or graph. Background The Cities clearly face similar communications-related issues including the same cable provider (Marcus), a single, shared cable system with identical paid programming and some shared PEG programming, cross-over school district boundaries, and cable franchise expirations all within roughly one year of each other. The most obvious and compelling reason to work together is that such joint effort will significantly enhance negotiating leverage during the cable franchise renewal process. In a situation where imposition of an obligation by one city directly benefits neighboring cities there is a benefit in negotiating obligations jointly. The largest concern with a cooperative effort is that each of the Cities has substantively different franchises and historically differing degrees of involvement with cable issues. However, the franchise renewal proposals submitted by Marcus are substantively identical. While each city clearly can negotiate individual obligations, the reality is that cable-related issues must be jointly OCT :3 0 1996 Memorandum - 2 - October 28, 1996 addressed by the Cities at some level since Marcus' proposed rebuild appears to perpetuate the single system model currently in place. This means that paid programming and PEG or community programming, as well as any enhanced communications services, will continue to largely be shared by all of the Cities. This Memorandum addresses the following issues of concern: 1. Public, Educational, and Governmental (PEG) Programming and related issues. 2. Franchise and franchise renewal issues. 3 Other general telecommunications issues. Hopefully, this Memorandum will prove helpful in future meetings between the Cities regarding joint efforts. Memorandum - 3 - October 28, 1996 Lakeville Vital Statistics Franchise Expiration = February 1998 Franchise Fee= 5% of Gross Revenues; approx. $131,000 in 1996. Population= 36,000 (approx.) Number of Subscribers = 8,000 (approx.) Other = The existing franchise may allow city to require interconnection with "other systems in the metropolitan area It . Rosemount Vital Statistics Franchise Expiration = May 1999 Franchise Fee = 5 % of Gross Revenues (excludes ad revenues, leased access fees, revenues from "enhanced telecommunications services") Population= 12,500 (approx.) Number of Subscribers = 2,800 (approx.) FarminiP:on Vital Statistics (Existing Franchise Unavailable) Franchise Expiration = December 1997 Franchise Fee= 3% of Gross Revenues; approx. $19,000 in 1996. Population= 6,870 Number of Subscribers = estimated 4,000 Apple Valley Vital Statistics Franchise Expiration= December 1998 Franchise Fee = 5 % of Gross Revenues (excludes payments to programmers for pay cable services); approx. $155,000 Population= 41,178 Number of Subscribers = 10,200 Other = The existing franchise may allow city to require interconnection with "other systems in the metropolitan area." Memorandum - 4 - October 28, 1996 I. Public. Educational and Governmental Programming ('pEG) A. PEG Access Operations funding 1. Legal Issues Federal law, 47 V.S.C. ~ 531, provides that: (a) PEG access obligations may only be created and enforced in accordance with the provisions of the Act; (b) That a franchising authority (City) may require in renewal that PEG channel capacity be designated; and (c) That any franchise obligation regarding the providing or use of such channel capacity may be enforced including the authority to enforce any provisions of the franchise "for services, facilities, or equipment proposed by the cable operator" which relate to PEG. In addition, federal law, 47 V.S.C. ~ 542(g)(2), provides that calculation of the franchise fee will not include: (B) in the case of any franchise in effect on the date of enactment of this title [1984], payments which are required by the franchise to be made by the cable operator during the term of such franchise for, or in support of the use of, public, educational, or governmental access facilities; (C) in the case of any franchise granted after such date of enactment [1984], capital costs which are required by the franchise to be incurred by the cable operator for public, educational, or governmental access facilities . . , Together these provisions demonstrate that in 1984 Congress amended federal law to provide that after franchise renewal, a cable operator may require that operational funding for PEG access be paid out of franchise fees. However, Congress also provided that if the cable operator and franchising authority negotiated PEG access operational obligations separate from franchise fees, such negotiated requirements would be enforceable by the franchising authority. Therefore, it is permissible to negotiate separate funding for PEG access operations. In many cases such funding, if negotiated, is passed through to subscribers as a separate line item. Memorandum - 5 - October 28, 1996 2. Existin2 Franchises Lakeville- The Lakeville franchise requires provision of public access personnel including a production coordinator. The public access personnel are reportedly provided by Marcus Media, the advertising arm for Marcus Cable. There is currently no accounting for the number of employees or number of hours dedicated by Marcus personnel for public access programming. Without requiring an accounting from Marcus, it is impossible to determine the value of the personnel provided by Marcus. Any other funding comes from franchise fees, and there is no independent operational funding for governmental or educational programming. Rosemount- The Rosemount franchise requires provision of public access personnel including a production coordinator. The public access personnel are reportedly provided by Marcus Media, the advertising arm for Marcus Cable. There is currently no accounting for the number of employees or number of hours dedicated by Marcus personnel for public access programming. Without requiring an accounting from Marcus, it is impossible to determine the value of the personnel provided by Marcus. Any other PEG funding comes from franchise fees and there is no independent operational funding for governmental or educational programming. Farmington- The Farmington franchise has no requirement for the provision of public access personnel. There is no independent operational funding for governmental or educational programmmg. Apple Valley- The 1984 Apple Valley franchise renewal required the provision of additional hours of work beyond that previously provided by the shared public access personnel pursuant to the Lakeville franchise. The Apple Valley franchise also specifically requires the production coordinator to give attention to Apple Valley public access issues/promotion. The public access personnel are reportedly provided by Marcus Media, the advertising arm for Marcus Cable. There is currently no accounting for the number of employees or number of hours dedicated by Marcus personnel for public access programming. Without requiring an accounting from Marcus, it is impossible to determine the value of the personnel provided by Marcus. Memorandum - 6 - October 28, 1996 Any other funding comes from franchise fees and there is no independent operational funding for governmental or educational programming. 3. Renewal Proposal Marcus proposes no operational funding, and the company proposes removing any and all of the company's PEG access operational obligations. Marcus proposes transferring all such obligations to each of the respective Cities without compensating any of the Cities for the value of the services previously provided by Marcus. B. PEG Access Equipment and Facilities 1. Le&al Issues As previously noted, federal law, 47 V.S.C. ~ 531, provides that a franchising authority may require as part of franchise renewal that channel capacity be designated for PEG use. In addition, federal law, 47 V.S.C. ~ 544(b), provides that the franchising authority may establish in renewal requirements for facilities and equipment. Finally, federal law, 47 V.S.C. ~ 542(g)(2)(C), specifically excludes from franchise fees any "capital costs which are required by the franchise to be incurred by the cable operator for public, educational, or governmental access facilities" . Together these provisions clearly indicate that in renewal a franchising authority may require the provision of PEG access and facilities, and other capital support funding. As always, the amount of such support which can be required by the franchising authority will depend in large measure on the authority's ability to clearly demonstrate "the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests" . See, 47 V.S.C. ~ 546(c)(I)(D)(Renewal Provisions). 2. Existing Franchises Lakeville- The Lakeville franchise requires provision of a "complete recording studio" and "state of the art equipment" for public access programming. The public access studio facility is shared by the residents of all 4 communities, as is the public access channel itself. The Lakeville franchise requires that the facility be located in or within 2 miles of Lakeville. Pursuant to an identical provision in the Rosemount franchise, the studio is technically located in Lakeville near Roseniount (with a Rosemount mailing address). The total studio space consists of roughly 850 square feet and is located at the Marcus Cable building. The studio must be staffed, operated and maintained by Marcus so as to allow production and playback of prerecorded or live programming. The studio is equipped with cameras, an Memorandum - 7 - October 28, 1996 editing system, toaster, switcher, and various related equipment. The condition of this equipment is reportedly poor, but no value can be given without an accurate accounting from Marcus. The Lakeville franchise allows the City to require new or updated equipment upon a determination of need by the City. The Lakeville franchise also required, upon a showing of need, the provision of a portable camera and related equipment. This equipment was provided as part of the Apple Valley franchise renewal. The Lakeville franchise also requires Marcus to provide two additional "community access locations" in public buildings with "color cameras, lighting, and sound production equipment". Both locations mustbe interactive/allow for live programming. Marcus must maintain and repair the equipment provided. Lakeville has designated the City Hall Council Chambers and Lakeville High School as the 2 studio locations (providing governmental and educational programming respectively) . The cost to Marcus of providing these facilities was capped at approximately $111,000, excluding the time-value of money.. The current quantity, quality and actual cost/value of this equipment is unknown and would require an accounting by Marcus. Lakeville spends roughly 20% - 25% of its franchise fees ($10,000 - $30,000) on Lakeville government access equipment. Rosemount- The Rosemount franchise similarly requires provision of a "complete recording studio" and "state of the art equipment". As noted, the public access studio facility is shared by the residents of all 4 communities, as is the public access channel itself. The franchise also parallels the Lakeville franchise in requiring that the studio facility be located in or within 2 miles of Rosemount. The studio must be staffed, operated and maintained by Marcus so as to allow production and playback of prerecorded programming (although live programming is required by the Lakeville franchise). The studio is equipped with cameras, an editing system, toaster, switcher, and various related equipment. The condition of this equipment is reportedly poor, but no value can be given without an accurate accounting from Marcus. The Rosemount franchise also allows the City to require new or updated equipment upon a determination of need by the City. The Rosemount franchise also requires, upon a showing of need, the provision of a portable camera and related equipment. As noted, this equipment has been provided. Finally, the Rosemount franchise requires Marcus to provide a "community access location" in a public building with "color cameras, lighting, and sound production equipment". The franchise separately provides that Marcus was required to connect the City Council chambers with interactive cable, and that the City could require activation of such cable. It is presumed that Memorandum - 8 - October 28, 1996 together these requirements call for connection of the Council Chambers (although arguably they could be construed to require two locations). In any event, the City indicates that Council meetings are not aired and apparently the Chambers were never wired. Farmington- The Farmington franchise requires the provision of "at least the minimal equipment necessary for the production of programming and playback of pre-recorded programs: via the publish access channel. Because the public access studio facility is shared by the residents of all 4 communities, as is the public access channel itself, the effective public access requirements are created by the other franchises. The franchise has no requirement that City Hall be connected or that equipment for government programming be provided. Pursuant to the other franchises, the studio must be staffed, operated and maintained by Marcus so as to allow production and playback of prerecorded or live programming. The studio is equipped with cameras, an editing system, toaster, switcher, and various related equipment. The condition of this equipment is reportedly poor, but no value can be given without an accurate accounting from Marcus. Apple Valley- As noted, the public access studio facility is shared by the residents of a114 communities, as is the public access channel itself. However, pursuant to the Lakeville and Rosemount franchises the facility was not located in Apple Valley. The Apple Valley franchise requires provision of "at least minimal equipment as committed to City at the effective date of this franchise and as stated in the Offering... and the minimum equipment necessary to make it possible to record programs at remote locations with battery operated portable equipment". The public access studio was partly equipped pursuant to the Lakeville franchise prior to Apple Valley's franchise renewal in 1984. However, the Apple Valley franchise renewal required the addition of certain equipment including an editing system, a portable video recorder with color camera, and videotape players. In addition, Marcus was required to provide sufficient equipment to allow the City to provide government programming at City Hall. The City will require wiring and equipment for the new City Hall, once built. The public access studio is currently equipped with an editing system, toaster, switcher, and various related equipment. Government access equipment includes 3 camcorders, 4 combination cameras, and certain mixers, monitors and a switcher. In the past, the City has used City funds to purchase equipment for government access. The condition of the public access and government access equipment is reportedly poor, but no value can be given without an accurate accounting from Marcus. The Apple Valley franchise allows the City to require additional equipment if demand exceeds capacity "in the City's opinion". Memorandum - 9 - October 28, 1996 The Apple Valley franchise/offering also required the addition of a character generator for use by ISD #196. The cost to Marcus was capped at $5,000, excluding the time-value of money. The current quantity, quality and actual cost/value of this equipment is unknown and would require an accounting by Marcus. 3. Renewal Proposal Marcus proposes a single capital grant for each of the cities in an amount to be negotiated for the acquisition of PEG equipment. Marcus proposes removal of any obligations to purchase, maintain, repair, or replace any access equipment beyond this capital grant. c. Free Services to Buildings 1. Existin2 Franchises Lakeville- The Lakeville franchise requires free cable drops and free Basic service to City Hall, schools, police and fIre departments. Free premium service and a color television are provided at City Hall. Upon request, Marcus must provide a free drop and free Basic to any non-profit designated by the City. Rosemount- The Rosemount franchise requires free cable drops and free Basic service to City Hall, schools, police and fIre departments. The franchise also requires free premium service and a color television at City Hall. Upon request, Marcus must provide a free drop and free Basic to any non-profit designated by City. Farmington- The Farmington franchise has no requirements for free cable drops or free Basic services to any buildings or institutions. Apple Valley- The 1984 Apple Valley franchise renewal required continued service to all institutions then receiving service (including all schools and City Hall) and any other institutions within 200 feet of existing plant designated by City. The City later designated the Police Station to receive a drop and service. Memorandum - 10- October 28, 1996 2. Renewal Proposal Marcus proposes limiting the free drops and services to a to-be negotiated list of locations, all of which must be within 150 feet of existing cable plant. Additional drops and/or outlets would be installed by Marcus at cost. D. PEG Access Programming 1. Legal Issues Federal law, 47 V.S.C. ~ 531 (e) (as amended by ~ 611 (e) of the Telecommunications Act of 1996), provides that a cable operator may "refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity". The scope and ability of a cable operator to prescreen PEG access programming has not yet been clarified. State law, Minn. Stat. ~ 238,084, generally provides that "class B systems", such as Rosemount and Farmington, must require, at least one public access channel while "class C systems", such as Apple Valley and Lakeville, must provide at least one public access channel, one educational access channel, and one local government access channel. All franchises must provide that no charges may be made for channel time or playback of prerecorded programming on at least a public access channel(s). In addition, all franchises must provide for the addition of access channels pursuant to a formula detailed in the statute (known as the "n+ 1 rule"). Generally this formula allows for the addition of access channels as existing channels become fully used. Finally, state law provides that all franchises must include a provision establishing the amount of equipment that the franchisee must make available to provide public access programming. This equipment must include, at least, the minimal equipment necessary for the production of programming and playback of prerecorded programs and, upon a showing of need, the minimum equipment necessary to record programs at remote locations. 2. Existing Franchises Lakeville- The franchise requires dedication of 3 channels (1 public access, 1 educational, and 1 government channel). As previously noted, the public access channel is operated by Marcus for the benefit of all 4 communities. Apparently, the educational channel was not initially required by the City, Marcus was subsequently required to dedicate an educational channel for the exclusive use of Independent Memorandum - 11 - October 28, 1996 School District #194 which is programmed from a Lakeville High School studio. An additional educational channel was dedicated for use by ISD #196 during the Apple Valley franchise renewal process. There is no narrow casting of educational programming (all 4 cities get the same programming) . Finally, the Lakeville franchise requires Marcus, upon request and without charge, to live cablecast City Council meetings, City Planning meetings and other public hearings. The City provides its own governmental programming without support from Marcus independent of the franchise fee. Rosemount- The franchise requires dedication of 3 channels (1 public access, 1 educational, and 1 government channel). The Cities receive the same educational programming provided by ISD #194 and #196, and the same public access programming. Rosemount does not provide government programming although the franchise requires Marcus, upon request and without charge, to provide coverage of City Council meetings, City Planning meetings and other public hearings. Again, it appears that the Council Chambers may not have been wired in accordance with the Franchise. Further clarification of the City's technical capabilities is necessary. Farmington- The Farmington franchise parallels the other franchises in requiring dedication of 3 channels (1 public access, ! educational, and 1 government channel). Farmington reportedly does not provide government programming and the Farmington franchise contains no requirements regarding coverage of City Council meetings, City Planning meetings and other public hearings. It appears that the Council Chambers have not been wired. As previously noted, the public access channel is operated by Marcus for the benefit of all 4 communities. Apple Valley- The 1984 renewed Apple Valley franchise initially required dedication of 2 PEG channels (1 public access, 1 educational) but provided for the addition of channels if necessary. Subsequently, an additional channel was dedicated for governmental use. In 1994, Apple Valley required wiring of and interconnection to the new City Hall including activated return capabilities to permit live meeting coverage. Apple Valley now airs a 24 hour bulletin board service with intermittent live and recorded progra.mming of City Council and Planning Commission meetings. In addition, several professionally produced programs are aired weekly on the governmental Memorandum - 12 - October 28, 1996 channel. At the time of the 1984 renewal, Apple Valley successfully negotiated the addition of another educational access channel for ISD #196. Pursuant to the Apple Valley franchise/offering, programming can be provided from the Apple Valley High School and the Rosemount High School on this channel. In addition programming for ISD #194 is received from the other educational access channel which is programmed from the Lakeville High School studio. Residents of all 4 of the cities receive the same educational programming as the school districts cross municipal boundaries. As previously noted, the public access channel is operated by Marcus for the benefit of all 4 communities. 2. Renewal Proposal Marcus proposes continued designation of the statutory minimum 3 access channels (for "class C systems" such as Lakeville and Apple Valley); 1 public, 1 educational, and 1 governmental channel respectively. II. Franchise Issues A. Term of Renewed Franchise 1. Legal Issues Federal law does not limit the length of a franchise term nor require a specific franchise term. State law, Minn. Stat. ~ 238.084(c), provides that the initial franchise term and any renewal term are limited to not more that 15 years. 2. City's Desire Lakeville- The City has not indicated a desired franchise term/length. In accordance with state law, the current franchise limits the renewal term to no longer than 15 years. Rosemount- The City has not indicated a desired franchise term/length. Memorandum - 13 - October 28, 1996 Farmington- The City has not indicated a desired franchise term/length. In accordance with state law, the current franchise limits the renewal term to no longer than 15 years. Apple Valley- The City has not indicated a desired franchise term/length. The current franchise limits the renewal term to no longer than 15 years. 3. Renewal Proposal Marcus requests a 15 year renewal. Renewals of 15 years are generally accompanied by a significant system upgrade (to allow amortization of the expense). B. System Capacity and Services 1. Legal Issues The Telecommunications Act of 1996 amended federal law, 47 V.S.C. ~ 544(e), by removing a franchising authority I s power to enforce the FCC's technical standards or signal quality standards, and by preventing a franchising authority from adopting its own, higher technical standards. In addition, federal law now provides that "no state or franchising authority may prohibit, condition, or restrict a cable system I s use of any type of subscriber equipment or any transmission technology." Notwithstanding these limitations, federal law, 47 V.S.C. ~ 552(a), provides that a franchising authority may continue to establish and enforce "construction schedules and other construction-related requirements, including construction-related performance requirements, of the cable operator." The scope of these new limitations on local authority over technological issues has not yet been tested or clarified. The most common interpretation is that local government continues to be authorized to require certain system capacity, service capabilities, and other community identified system "needs", but is no longer authorized to dictate the technological means for meeting these obligations or "needs". 2. Existing Franchises Lakeville- The Lakeville franchise requires the system to provide a minimum of 330 MHZ capacity. The franchise allows the City to require an increase to 400 MHZ although no such action was documented. Memorandum - 14- October 28, 1996 Rosemount- The franchise has no system capacity requirement. Farmington- The Farmington franchise requires the system to provide a minimum of 162 MHZ capacity equivalent to 27 channels with the right to initiate negotiations regarding upgrade. Apple Valley- The 1984 Apple Valley franchise renewal required the existing system to provide 330 MHZ capacity by 1986 and required an upgrade to a minimum of 440 MHZ capacity by 1989. Upgrade to 450 MHZ has reportedly been completed providing 61 activated channels on two tiers (26 Basic, 35 "Cable Showcase Tier"). In addition, the Apple Valley franchise notably required interconnection of the 4 Cities and requires interconnection of any geographically contiguous systems owned by Marcus or any successor. Further, the franchise requires interconnection with contiguous systems owned by operators other than Marcus if requested by any such other system operator. Finally the Apple Valley franchise requires any system upgrade to ensure interconnectability with other systems. 3. Renewal Proposal Marcus offers a system utilizing 450 MHZ equipment which will be capable of providing 60 channels within 5 years. Marcus representatives indicate that this is standard proposal language but that, in fact, a rebuild is contemplated. Marcus has not fully clarified the nature of the proposed rebuild, the number of channels which will be provided, or the types of additional services contemplated. c. Franchise Fees 1. Le~al Issues Neither federal or state law limit the use of franchise fees to cable-related purposes (although prior FCC regulations did contain such a limitation). However, federal law, 47 U.S.C. ~ 542(b), provides that franchise fees paid by a cable operator "shall not exceed 5 % of such cable operator's gross revenues." The Telecommunications Act of 1996 amended this provision by limiting the annual gross revenues calculation to revenues derived from the operation of the cable system "to provide cable services. 11 Memorandum - 15 - October 28, 1996 2. Use of Fees (Dedicated or Nondedicated) Lakeville- Lakeville reportedly dedicates 100% of its franchise fees towards cable-related needs. Rosemount- The Rosemount franchise requires dedication of the franchise fee into a special fund to further PEG access, but also permits the City Council to transfer these monies into the general fund. Reportedly, franchise fees are placed in the general fund. Farmington- Farmington reportedly deposits all franchise fees into the general fund. Apple Valley- Apple Valley reportedly deposits all franchise fees into the general fund. 3. Renewal Amount Marcus has proposed paying 5% of gross revenues. However, Marcus proposes defining "gross revenues" to exclude certain revenues which are includable under federal law and thus proposes paying a lower franchise fee than could be required by the Cities. D. Enforcement Authority, Penalties, Etc. 1. Existing Franchises Lakeville- The Lakeville franchise requires a $30,000 security fund/letter of credit, a $20,000 performance bond, and termination provisions to secure against default or noncompliance. The security fund requirement was subsequently removed by Resolution of the City. Rosemount- The franchise provides only for termination provisions to secure against default or noncompliance. Memorandum - 16 - October 28, 1996 Fannington- The Farmington franchise provides for a $20,000 performance bond and termination of the franchise in the event of default. Apple Valley- The Apple Valley franchise provides for a $15,000 security fund/letter of credit with specific penalty provisions, a $50,000 performance bond, and termination provisions to secure against default or noncompliance. 2. Renewal Proposal Marcus proposes a $10,000 performance bond and a $2,000 "security bond", with penalty provisions. The proposal "security bond" is intended as a bond and not a letter of credit or other security fund. The proposal provides for termination of the franchise in the case of default only after a hearing. E. Regulatory Authority (City or Cable Board) 1. Existin~ Franchises Lakeville- The franchise provides for a Citizens Advisory Board to assess, review and monitor the performance of Marcus. Lakeville has formed an 8 member board with representatives from each of the 3 school districts. The Board meets regularly, and utilizes a part-time independent coordinator (Chris Oace). Rosemount- The franchise provides for a 3 person Advisory Board to assess, review and monitor the performance of Marcus. The City's Public Utilities Commission serves as the Advisory Board. Fannington- The franchise provides that the City Administrator or other person designated by the City Council is responsible for administering the franchise. Apple Valley- The franchise provides that the City may appoint an advisory body and delegate that body such authority as desired. A Cable Committee has been formed, has been meeting, and is Memorandum - 17 - October 28, 1996 overseeing renewal negotiations. 2. Renewal Proposal The Marcus proposal recognizes and perpetuates the concept of Citizen Advisory Boards. F. Particular Customer Service or Other Concerns 1. ExistinK Franchises Lakeville- The franchise provides a process regarding repairs, complaints, etc. No specific concerns were identified in the documents provided. Rosemount- The franchise provides very limited treatment for processing and resolution of complaints. No specific concerns were identified in the documents provided. Farmington- The franchise provides very limited treatment for processing and resolution of complaints. No specific concerns were identified in the documents provided. Apple Valley- The franchise provides a process regarding repairs, complaints, etc. No specific customer service concerns were identified in the documents provided. 2. Renewal Proposal The Marcus proposal recites limited portions of both state and federal law and regulations regarding customer service issues. No specific customer service protections are provided. Ill. Other General Issues Lakeville- There was no information provided regarding whether the City has adopted or considered adoption of a general rights-of-way permitting ordinance to ensure control of rights-of-way, nor whether a cellular/PCS zoning ordinance has been adopted or considered. Memorandum - 18 - October 28, 1996 The City has issued 3 leases for occupancy of City owned property for cellular/wireless providers. The City has utilized a standardized lease payment schedule providing for 15 year leases; $40,000 for the fITst 5 years and $10,765 per year thereafter with 3 % annual increases, The City has 5 lease applications pending. Finally, the City indicates interest in maintaining and/or increasing access and utilization of the cable system by ISD 192, 194, and 196. Rosemount- The City indicates a desire to communicate with other metropolitan areas via the cable system. There was no information provided regarding whether the City has adopted or considered adoption of a general rights-of-way permitting ordinance to ensure control of rights-of-way, nor whether a cellular/PCS zoning ordinance has been adopted or considered. There was no information regarding leasing of City property for cellu1ar/PCS facilities. Farmington- Farmington notes a particular and significant problem with use of public rights-of-way by Marcus. The Public Works Director reports that Marcus routinely fails to comply with City permitting requirements. Further Marcus fails to accurately locate system facilities leading to cut lines, service outages and potentially dangerous construction problems. This problem is likely present in the other Cities. There was no information provided regarding whether the City has adopted or considered adoption of a general rights-of-way permitting ordinance to ensure control of rights-of-way, nor whether a cellu1ar/PCS zoning ordinance has been adopted or considered. There was no information regarding leasing of City property for cellular/PCS facilities. Apple Valley- Apple Valley identifies future goals of retaining the ability to require or encourage interconnection of the Marcus system with other neighboring telecommunications systems. The City additionally identifies goals of providing high speed data transmission capabilities via the cable system, and the ability for residents to interact with the City, and among themselves, via a video bulletin board. The City has considered adoption of a general rights-of-way permitting ordinance to ensure control of rights-of-way, has considered adoption of a cellular/PCS zoning ordinance, and has issued 3 leases/licenses for the use of City property for cellu1ar/PCS facilities. Memorandum - 19 - October 28, 1996 The following documents were received from each of the Cities and reviewed in preparation of this report: Lakeville Existing cable franchise and related amendments, resolutions and agreements; Proposed renewal franchise and June 3, 1996 letter offering upgrade for expedited renewal (prepared by Marcus); Comparison of existing and proposed franchise (prepared by Marcus counsel); August 7, 1996 Memo from Cable Coordinator to Mayor and City Administrator re: formation of alliance with four cities. Rosemount Existing cable franchise and related resolution; Brief narrative regarding future cable related needs and interests. Farmington Existing cable franchise; Proposed renewal franchise (prepared by Marcus); July 25, 1996 Memo from Director of Public Works/City Engineer to City Administrator. Apple Valley Existing cable franchise and initial offering with exhibits, and related amendments, resolutions; Proposed renewal franchise (prepared by Marcus) Brief narrative regarding future cable related needs and interests; 3 lease/license agreements granting use of city property for placement of paging, cellular or pes equipment. C:\BOBUTPOWER.OO6 TO: Mayor, Councilmembers, City Administrato~ FROM: James Bell, Parks and Recreation Director SUBJECT: Middle School Warming House Sewer Project DATE: November 4, 1996 INTRODUCTION The Middle School Warming House has been constructed to provide restrooms. Youth Hockey would like to hook up a sewer service to the warming house. DISCUSSION When the City, School District and Youth Hockey built the warming house, restrooms were roughed into the building. Youth Hockey would like to fInish the restrooms and have a sewer line constructed to the warming house. They are willing to pay this cost with the understanding that the City would pay them back at a later date with the proceeds from the referendum bond issue.. The Parks and Recreation Commission is recommending that the sewer line be placed on the Parks Referendum. If or when the referendum passes, the City would then reimburse Youth Hockey for this expense. The City's bond counsel issued a legal opinion addressing the appropriateness of this proposed transaction.. Youth Hockey also understands the risk if the referendum does not pass. Staff requested quotations from three companies. The quotations received by staff are as follows: . Sauber Plumbing . Arcon Construction $23,850.00 $36,530.40 These two quotations will be referred to the Youth Hockey Association for award. BUDGET IMPACT This expenditure does not have an effect on the budget. ~b - C~tlJ. of FarminlJton 325 Oak Street · Farmint}ton, MN 55024 · (612) 463.7111 · Far (612) 463.2591 RECOMMENDATION The quotations along with a staff recommendation to accept the low quote will be passed on to Youth Hockey. Staff recommends Council approve the construction of the sewer line to the warming house. Staff also recommends the City and Youth Hockey sign an agreement with the understanding that Youth Hockey will pay for this expense and be reimbursed by the City if the referendum passes. Respectfully submitted, "J~. ~~ James Bell Parks and Recreation Director g~ TO: Mayor and City Councilmembers FROM: John F. Erar, City Administrator SUBJECT: 1996 Budget Reappropriations DATE: November 4, 1996 INTRODUCTION A fiscal review of the 1996 budget suggests a need to reappropriate adopted revenue projections and amend expenditure levels to more closely reflect department service needs. The attached financial analysis will be reviewed with Council and recommended budget reappropriations will be presented. DISCUSSION Staff review of the 1996 budget indicates that projected revenues as originally adopted will not be adequate to support general fund operations. Due to a projected revenue shortfall of approximately $177,787 which includes project engineering and administrative fees, building inspection fees (townships) and other revenues, a thorough review and re-evaluation of existing and alternate revenue sources was undertaken. This review as presented will propose to reappropriate revenues in certain categories which are projected to exceed adopted revenue estimates. The following revenue categories are projected to exceed adopted estimates: Permits, Intergovernmental Revenues and Other Revenues. In addition, due to unanticipated expenditures in personnel services, equipment maintenance, materials and supplies and professional and contract services, budgetary expenditures will exceed the amended budget by approximately $8,050. In order to avoid deficit spending in the budget, maintain existing service levels, and relieve any further fiscal pressure on the City's fund balance reserve, spending levels have been adjusted to more closely reflect actual service needs, and reduce non-critical spending areas. Proposed reductions in capital equipment and special activity spending, the proposed use of compensatory time-off versus cash overtime, and reductions in all non-essential services have been taken to reduce spending in non-critical areas, redirect spending in essential service areas, and bring the City's budget back into fiscal balance. It should be noted that this amended budget is based on the maximization of compensatory time for overtime hours worked as opposed to cash outlays, and highly restrictive authorization of any additional overtime for the remainder of the year. The amended budget does retain approximately $11,580 in contingency if this approach is not successful. CitlJ of FarminfJton 325 Oaft Street · Farmin9ton, MN 55024 · (612) 463.7117 · Fax (612) 463.2591 Mayor and Councilmembers 1996 Budget Reappropriations Page 2. of 2 Recommended revisions in both projected revenues and adopted expenditure levels will be necessary to ensure continued service levels, and avoid any potential budgetary deficit in this fiscal year. While the amended budget does designate approximately $16,326 for fund balance reserves, this amount suggests that all other revenues, including excess building permit revenues, will be committed for operations funding. This aspect of the amended budget is of most concern due to the already inadequate fund balance reserve levels identified in the 1995 Audit. ACTION REOUESTED A review of the recommended revisions to the 1996 Budget is attached for your review and will be presented to Council. Approve amending the 1996 Budget as presented and adopt the attached 1996 Budget resolution establishing new revenue and expenditure levels. Res e~tful~ $mitted, \.. '-/"'L-~ Ii hn F. Erar City Administrator RESOLUTION No. AMENDING THE 1996 BUDGET TO ESTABLISH AND MAINTAIN A FISCAL BALANCE BETWEEN PROJECTED REVENUES AND ANTICIPATED GENERAL FUND EXPENDITURES FOR FISCAL YEAR 1996. WHEREAS, projected 1996 Revenues of $3,279,501, as adopted, and amended projected revenues of $3,303,301 will be insufficient to support anticipated expenditures in the 1996 Budget due to a projected revenue shortfall of $177,787; and WHEREAS, anticipated expenditures will exceed adopted budgetary expenditures of $3,279,521 and amended budgetary expenditures of$3,303,301 by approximately $8,050, respectively; and WHEREAS, City departments have reviewed current expenditure levels within their respective departments and determined that the current budget authorizations will need to be adjusted to more accurately reflect existing service level expenditures; and WHEREAS, the City management team, under the direction of the City Administrator, has readjusted budgetary expenditures to more closely reflect actual expenditure levels during fiscal year 1996; and WHEREAS, reappropriations of revenue within the 1996 City .Budget are necessary to establish and maintain a fiscal balance between projected revenues and anticipated expenditures; and WHEREAS, the following revenue categories will need to be reappropriated to fund anticipated 1996 expenditures: ADOPTED REVISED CHANGE PERMITS $599,655 672,593 72,938 CHARGES FOR SERVICES 430,150 297,793 (132,357) INTERGOVERNMENTAL 23,800 61,300 37,500 OTHER REVENUES 20.700 66.995 46.295 TOTAL $1,074,305 $1,098,681 24,376 WHEREAS, the attached 1996 Revised Budget Expenditures describes the reappropriations at each department level and is hereto attached and made a part of this budget resolution; NOW THEREFORE, BE IT RESOLVED that the Farmington City Council on this 4th day of November 1996 does hereby amend the 1996 Budget and authorize expenditures of $3,311,351, with projected revenues of $3,327,677 and a designated fund balance reserve of$16,326. Eugene "Babe" Kuchera, Mayor ATTEST: John F. Erar, City Administrator REVISED 1996 BUDGET REVENUES 4-Nov-96 REVENUE CATEGORIES ADOPTED AMENDED REVISED CHANGES PROPERTY TAXES 1,546,084 1,546,084 1,546,084 LICENSES 11,050 11,050 11,050 PERMITS 603,415 603,415 676,353 72,938 INTERGOVERNMENTAL REVENUES 415,702 439,502 477,002 37,500 CHARGES FOR SERVICES 591,100 591,100 458,743 (132,357) FINES 24,000 24,000 24,000 OTHER REVENUES 88,150 88,150 134,445 46,295 TOTALS 3,279,501 3,303,301 3,327,677 24,376 REVISED 1996 REVENUE PROJECTIONS CHANGES IN AFFECTED REVENUE CATEGORIES PERMITS ADOPTED AMENDED REVISED CHANGES BUILDING PERMITS 508,805 508,805 578,000 69,195 BUILDING PERMITS-EMPIRE 15,000 15,000 4,493 (10,507) BUILDING PERMITS-EUREKA 3,600 3,600 BURNING PERMITS 1,650 1,650 1,000 (650) CABLE TV FRANCHISE FEES 19,500 19,500 21,000 1,500 STREET BREAKING PERMITS 2,000 2,000 7,500 5,500 SEWER INSPECTION PERMIT 16,000 16,000 14,000 (2,000) OTHER PERMITS 700 700 1,500 800 PLUMBING & HEATING 36,000 36,000 41,500 5,500 SUBTOTAL 599,655 599,655 672,593 72,938 CHARGES FOR CURRENT SERVICES GIS FEES 4,000 4,000 9,000 5,000 PROJECT ADMIN FEES 75,000 75,000 44,546 (30,454) COUNTER SALES 4,000 4,000 2,600 (1,400) PROJECT ENGINEER FEES 275,000 275,000 147,324 (127,676) POOL ADMISSIONS 24,000 24,000 30,307 6,307 POOL CONCESSIONS 9,500 9,500 9,100 (400) POOL LESSONS 7,500 7,500 14,416 6,916 MUNICIPAL SERVICES PENALlTIES 24,150 24,150 38,000 13,850 CUSTOM SERVICES 7,000 7,000 2,500 (4,500) SUBTOTAL 430,150 430,150 297,793 (132,357) INTERGOVERNMENTAL REVENUES IDEA SCHOOL REIMBURSEMENTS 23,800 23,800 GRANTS - C.O.P.S. 37,500 37,500 SUBTOTAL 23,800 61,300 37,500 OTHER REVENUES DONATIONS 2,000 2,000 750 (1,250) DONATIONS-SENIORS 1,750 1,750 4,100 2,350 SR CTR NEWSLETTER ADVERTISEMT 800 800 300 (500) MISC. REVENUES 16,150 16,150 21,845 5,695 OVERHEAD REIMB. - SOLID WASTE 20,000 20,000 OVERHEAD REIMB. - SEWER 20,000 20,000 SUBTOTAL 20,700 20,700 66,995 46,295 PROJECTED REVENUES 1,050,505 1,074,305 1,098,681 24,376 1996 REVISED BUDGET EXPENDITURES DEPARTMENT REAPPROPRIATIONS COUNCIL COUNCIL PROPOSED ADOPTED AMENDED YTD CHANGES 11/4/96 REVISED GENERAL GOVERNMENT 588,895 594,615 3,750 598,365 MAYOR & COUNCIL 19,850 19,850 (1,610) 18,240 ADMINISTRATION 476,509 473,709 (18,398) 455,311 FINANCE 191,937 191,839 (1,358) 190,481 POLICE 659,681 666,681 45,679 712,360 FIRE 128,748 128,748 4,930 133,678 RESCUE 19,421 19,421 972 20,393 ENGINEERING 217,666 217,666 (21,930) 195,736 STREETS 397,348 380,126 7,764 387,890 SHADE TREE 50,472 50,472 (27,772) 22,700 RECREATION 98,204 98,204 24,620 122,824 PARK MAINTENANCE 187,607 187,607 7,812 195,419 POOL OPERATIONS 105,279 101,679 (10,971) 90,708 SENIOR CENTER 56,234 56,234 1,675 57,909 LIBRARY 33,865 (1,865) 32,000 IDEA SCHOOL 10,757 10,757 CONTINGENCY 81,650 71,828 (5,248) 66,580 EXPENDITURES 3,279,501 3,303,301 8,050 3,311,351 PROJECTED REVENUES 3,279,501 3,303,301 24,376 3,327,677 FUND BALANCE RESERVE 16,326 16,326 Over (Under) REVISED 1996 BUDGET EXPENDITURES BY DEPARTMENT LINE ITEMS DEPARTMENTIEXPENDITURE DESCRIPTIONS ADOPTED AMENDED YTD REVISED $ CHANGE GENERAL GOVERNMENT POSTAGE 20,000 20,000 17,000 (3,000) INSURANCE 67,000 67,000 77,000 10,000 INSURANCE DEDUCTIBLE 500 500 1,000 500 MATERIALS & SUPPLIES 11,000 11,000 15,000 4,000 UTILITIES 26,000 26,000 48,000 22,000 BUILDING MAINT & RENTAL 8,000 8,000 7,000 (1,000) EQUIPMENT MAl NT & RENTAL 16,000 16,000 13,000 (3,000) DUES & SUBSCRIPTIONS 5,000 5,000 4,500 (500) SCHOOLS & CONFERENCES 1,000 1,000 500 (500) ADMINISTRATOR SEARCH 11 ,200 11,200 CITY PAGES NEWS ARTICLES 6,000 6,000 3,000 (3,000) ELECTIONS 4,000 4,000 5,000 1,000 AUDITING SERVICES 20,000 20,000 23,000 3,000 LEGAL SERVICES 15,000 15,000 17,000 2,000 TRANSFERS OUT CAPITAL EQUIPMENT FUND 180,363 186,083 147,133 (38,950) ITOTAL GENERAL GOVERNMENT 379,863 385,583 389,333 3,750 ~ MAYOR AND COUNCIL SCHOOLS & CONFERENCES 1,810 1,810 200 (1,610) ITOTAL MAYOR AND COUNCIL 1,810 1,810 200 (1,610)1 DEPARTMENT OF ADMINISTRATION PERSONNEL SERVICES REGULAR SALARIES 329,548 326,748 294,073 (32,675) OVERTIME 2,000 2,000 8,000 6,000 PART-TIME 33,718 33,718 32,000 (1,718) BENEFITS 101,043 101,043 90,938 (10,105) SUBTOTAL 466,309 463,509 425,011 (38,498) OPERATING EXPENDITURES FUEL & LUBRICANTS 2,500 2,500 2,150 (350) EQUIPMENT MAl NT & RENTAL 1,500 1,500 1,000 (500) DUES & SUBSCRIPTIONS 700 700 6,550 5,850 SCHOOLS & CONFERENCES 3,000 3,000 3,100 100 SUBTOTAL 7,700 7,700 12,800 5,100 CONTRACTED SERVICES - RECEPTIONIST 15,000 15,000 SUBTOTAL 15,000 15,000 ITOTAL ADMINISTRATION 474,009 471,209 452,811 (18,398)1 Page 1 96BUDFAL,XLS DEPARTMENnEXPENDITURE DESCRIPTIONS ADOPTED AMENDED YTD REVISED $ CHANGE FINANCE DEPARTMENT PERSONNEL SERVICES REGULAR SALARIES 126,277 126,277 115,417 (10,860) OVERTIME 2,000 2,000 3,700 1,700 PART-TIME BENEFITS 35,510 35,510 31,864 (3,646) SUBTOTAL 163,787 163,787 150,981 (12,806) OPERATING EXPENDITURES MATERIALS AND SUPPLIES 3,250 3,250 3,000 (250) EQUIPMENT MAINT & RENTAL 5,500 5,402 5,400 (100) DUES & SUBSCRIPTIONS 1,300 1,300 750 (550) SCHOOLS & CONFERENCES 1,000 1,000 750 (250) SUBTOTAL 11,050 10,952 9,900 (1,052) CONTRACTED SERVICES 12,500 12,500 SUBTOTAL 12,500 12,500 ITOTAL FINANCE 174,837 174,739 173,381 (1,358)1 POLICE DEPARMENT PERSONNEL SERVICES REGULAR SALARIES 416,206 416,206 421,755 5,549 OVERTIME 15,000 15,000 38,500 23,500 PART-TIME 2,000 2,000 3,000 1,000 SUBTOTAL 433,206 433,206 463,255 30,049 OPERATING EXPENDITURES AUTO FUEL & LUBRICANTS 9,000 9,000 7,800 (1,200) EQUIPMENT MAINT & RENTAL 11,000 11,000 16,000 5,000 DUES & SUBSCRIPTIONS 800 800 780 (20) TELEPHONE 2,000 2,000 1,600 (400) SUBTOTAL 22,800 22,800 26,180 3,380 CONTRACTED SERVICES LEGAL SERVICES 25,000 25,000 30,000 5,000 PSYCH & PHYSICALS 1,000 1,000 750 (250) ANIMAL CONTROL 2,500 9,500 9,000 (500) EMERGENCY DISPATCH 27,000 27,000 33,000 6,000 TOWING CONTRACT 500 500 1,500 1,000 OTHER CONTRACTED SERVICES 1,500 1,500 2,500 1,000 SUBTOTAL 57,500 64,500 76,750 12,250 ITOTAL POLICE 513,506 520,506 566,185 45,679 I FIRE DEPARTMENT PERSONNEL SERVICES REGULAR SALARIES 17,087 17,087 19,388 2,301 OVERTIME 500 500 PART-TIME 33,000 33,000 37,972 4,972 BENEFITS 14,761 14,761 7,518 (7,243) SUBTOTAL 64,848 64,848 65,378 530 OPERATING EXPENSES SCHOOLS & CONFERENCES 7,000 7,000 6,000 (1,000) EMERGENCY DISPATCH 14,300 14,300 17,000 2,700 SUBTOTAL 21,300 21,300 23,000 1,700 CONTRACTED SERVICES EMERGENCY DISPATCH 14,300 14,300 17,000 2,700 ITOTAL FIRE 100,448 100,448 105,378 4,930 ~ " Page 2 96BUDFALXLS DEPARTMENl\EXPENDITURE DESCRIPTIONS ADOPTED AMENDED YTD REVISED $ CHANGE RESCUE SQUAD PART-TIME 14,000 14,000 15,493 1 ,493 BENEFITS 1,071 1,071 550 (521 ) SUBTOTAL 15,071 15,071 16,043 972 ITOTAL RESCUE SQUAD 15,071 15,071 16,043 9721 ENGINEERING DIVISION PERSONNEL SERVICES REGULAR SALARIES 138,314 138,314 124,113 (14,201) OVERTIME 10,000 10,000 4,500 (5,500) PART-TIME 17,124 17,124 19,000 1,876 BENEFITS 42,578 42,578 40,023 (2,555) SUBTOTAL 208,016 208,016 187,636 (20,380) OPERATING EXPENDITURES AUTO FUEL & LUBRICANTS 500 500 400 (100) AUTO REIMBURSEMENT 1,500 1,500 1,000 (500) EQUIPMENT MAl NT & RENTAL 1,200 1,200 1,000 (200) UNIFORMS 250 250 (250) DUES & SUBSCRIPTIONS 700 700 600 (100) SCHOOLS & CONFERENCES 1,500 1,500 1,000 (500) SUBTOTAL 5,150 5,150 3,600 (1,550) ITOTAL ENGINEERING 213,166 213,166 191,236 (21,930)l STREETS DIVISION PERSONNEL SERVICES REGULAR SALARIES 174,950 162,010 172,810 10,800 OVERTIME 8,000 8,000 6,500 (1,500) PART-TIME 3,250 3,250 3,000 (250) BENEFITS 60,848 56,566 45,500 (11,066) SUBTOTAL 247,048 229,826 227,810 (2,016) OPERATING EXPENDITURES MATERIALS & SUPPLIES 25,000 25,000 28,000 3,000 BUILDING MAINT & RENTAL 6,000 6,000 5,000 (1,000) EQUIP MAINT & RENTAL 20,000 20,000 25,000 5,000 UNIFORMS 3,500 3,500 3,250 (250) DUES & SUBSCRIPTIONS 300 300 170 (130) SCHOOLS & CONFERENCES 500 500 300 (200) SUBTOTAL 55,300 55,300 61,720 6,420 CONTRACTED SERVICES ROAD MAINTENANCE 9,000 9,000 7,000 (2,000) STREET LIGHTING 45,000 45,000 50,000 5,000 DUST COATING 4,000 4,000 4,760 760 SIDEWALK MAINTENANCE 5,000 5,000 4,600 (400) SUBTOTAL 63,000 63,000 66,360 3,360 ITOTAL STREETS 365,348 348,126 355,890 7,7641 I TOTAL PUBLIC WORKS DEPARTMENT 578,514 I 561,292 I 547,126 I (14,166)1 Page 3 96BUDFALXLS DEPARTMENl\EXPENDITURE DESCRIPTIONS ADOPTED AMENDED YTD REVISED S CHANGE SHADE TREE DIVISION PERSONNEL SERVICES REGULAR SALARIES 22,710 22,710 5,000 (17,710) OVERTIME PART-TIME 3,000 3,000 (3,000) BENEFITS 8,162 8,162 7,000 (1,162) SUBTOTAL 33,872 33,872 12,000 (21,872) OPERATING EXPENDITURES MATERIALS & SUPPLIES 1,000 1,000 1,500 500 BUILDING MAINT & RENTAL 200 200 300 100 EQUIP MAINT & RENTAL 400 400 100 (300) SUBTOTAL 1,600 1,600 1,900 300 CONTRACTED SERVICES TREE REMOVAL 5,000 5,000 4,800 (200) REFORESTATION 10,000 10,000 4,000 (6,000) SUBTOTAL 15,000 15,000 8,800 (6,200) ITOTAL SHADE TREE 50,472 50,472 22,700 {27,772)1 RECREATION DIVISION PERSONNEL SERVICES REGULAR SALARIES 48,389 48,389 70,454 22,065 OVERTIME PART-TIME 15,455 15,455 19,500 4,045 BENEFITS 13,090 13,090 13,500 410 SUBTOTAL 76,934 76,934 103,454 26,520 OPERATING EXPENDITURES MATERIALS & SUPPLIES 5,720 5,720 4,720 (1,000) DUES & SUBSCRIPTIONS 600 600 300 (300) SCHOOLS & CONFERENCES 1,250 1,250 650 (600) SUBTOTAL 7,570 7,570 5,670 (1,900) lTOTAL RECREATION 84,504 84,504 109,124 24,620 1 PARK MAINTENANCE DIVISION PERSONNEL SERVICES REGULAR SALARIES 87,684 87,684 90,139 2,455 OVERTIME 2,087 2,087 3,500 1,413 PART-TIME 18,885 18,885 21,500 2,615 BENEFITS 29,901 29,901 22,850 (7,051 ) SUBTOTAL 138,557 138,557 137,989 (568) OPERATING EXPENDITURES UTILITIES 6,500 6,500 10,500 4,000 MUNICIPAL SERVICES 1,500 1,500 4,000 2,500 BUILDING MAl NT & RENTAL 4,500 4,500 5,000 500 EQUIP MAINT & RENTAL 8,600 8,600 14,000 5,400 SCHOOLS & CONFERENCES 200 200 180 (20) SUBTOTAL 21,300 21,300 33,680 12,380 CONTRACTED SERVICES SEALCOATING 4,000 4,000 (4,000) SUBTOTAL 4,000 4,000 (4,000) ITOTAL PARK MAINTENANCE DIVISION 163,857 163,857 171,669 7,8121 SWIMMING POOL OPERATIONS PERSONNEL SERVICES REGULAR SALARIES 27,504 24,504 24,000 (504) .', Page 4 96BUDFALXLS DEPARTMENT\EXPENDITURE DESCRIPTIONS ADOPTED AMENDED YTD REVISED $ CHANGE OVERTIME 807 807 600 (207) PART-TIME 32,635 32,635 34,000 1,365 BENEFITS 10,558 9,958 9,958 SUBTOTAL 71,504 67,904 68,558 654 OPERATING EXPENDITURES MATERIALS & SUPPLIES 4,050 4,050 5,500 1,450 MECHANDISE FOR RESALE 5,850 5,850 850 (5,000) UTILITIES 10,000 10,000 7,000 (3,000) MUNICIPAL SERVICES 450 450 2,000 1,550 BUilDING MAINT & RENTAL 9,600 9,600 3,800 (5,800) EQUIP MAINT & RENTAL 1,925 1,925 1,500 (425) UNIFORMS 500 500 400 (100) LICENSES & PERMITS 100 100 (100) SUBTOTAL 32,475 32,475 21,050 (11,425) CONTRACTED SERVICES 600 600 400 (200) SUBTOTAL 600 600 400 (200) ITOTAL POOL OPERATIONS 104,579 100,979 90,008 (10,971)1 SENIOR CENTER SERVICES PERSONNEL SERVICES REGULAR SALARIES 9,879 9,879 17,500 7,621 OVERTIME 364 364 PART-TIME 14,875 14,875 8,400 (6,475) BENEFITS 4,525 4,525 4,100 (425) SUBTOTAL 29,279 29,279 30,364 1,085 OPERATING EXPENDITURES AUTO FUEL & LUBRICANTS 100 100 200 100 MATERIALS & SUPPLIES 1,000 1,000 1,500 500 POSTAGE 2,000 2,000 2,600 600 PRINTING & PUBLISHING 3,780 3,780 3,000 (780) BUILDING MAl NT & RENTAL 450 450 1,000 550 EQUIP MAINT & RENTAL 500 500 300 (200) SCHOOLS & CONFERENCES 100 100 20 (80) SUBTOTAL 7,830 7,830 8,420 590 ITOTAL SENIOR CENTER 37,109 37,109 38,784 1,675 t Page 5 96BUDFAL.XlS DEPARTMENT\EXPENDITURE DESCRIPTIONS ADOPTED AMENDED YTD REVISED $ CHANGE LIBRARY SERVICES PERSONNEL SERVICES REGULAR SALARIES 15,440 12,500 (2,940) PART-TIME 420 800 380 BENEFITS 4,824 (4,824) SUBTOTAL 20,684 13,300 (7,384) OPERATING EXPENDITURES MATERIALS & SUPPLIES 1,200 1,000 (200) UTILITIES 9,859 14,800 4,941 MUNICIPAL SERVICES 1,294 1,700 406 EQUIPMENT MAINT & RENTAL 197 200 3 SUBTOTAL 12,550 17,700 5,150 CONTRACTED SERVICES 631 1,000 369 SUBTOTAL 631 1,000 369 ITOTAL LIBRARY SERVICES 33,865 32,000 (1,865)1 ITOTAL PARKS & RECREATION DEPARTMENT 440,521 I 470,786 I 464,285 I (6,501 >I CONTINGENCY CONTINGENCY GENERAL 26,650 16,828 11,580 (5,248) ITOTAL CONTINGENCY 26.650 16,828 11,580 (5,248>1 TOTAL REVISED BUDGET EXPENDITURES 2,705,229 2,718,272 2,726,322 8,050 Page 6 96BUDFALXLS 2d FROM: Mayor, Councilmembers and City Administrator~ Daniel M. Siebenaler, Police Chief TO: SUBJECT: Fuel Contract, City Wide DATE: November 4, 1996 Introduction During recent budget discussions, City fuel costs were identified as a major expense. Staff discussed the possibility of soliciting proposals for a formal fuel contract. Discussion In 1997, the City of Farmington has budgeted approximately $34,000, for fuel. At current prices that represents approximately 26,500 gallons of fuel. Current practices allow city vehicles to be fueled at any available station. This practice creates some difficulty in sorting and assigning expenses to specific cost centers. Based on the quantity now being purchased, it is possible the City could see an overall reduction of several percentage points. In addition to cost savings, proposal specifications could also provide for different accounts for each of the City's cost centers, thereby simplifying our in-house accounting procedures. Staff has addressed the possibility of contract purchasing with two of the City's main fuel suppliers. Both vendors have expressed interest. Action Reauired Approve the concept of a single vendor City-wide fuel contract. If Council concurs, staff will prepare a proposal document and solicit contract proposals from interested vendors. Vendor submittal's will be presented to Council for award. Respectfully, ~ Daniel M. Siebenaler Chief of Police DMS/m - CitlJ of FarminfJ.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463-7111 · FaJt (612) 463-2591 q~ TO: Mayor and Councilmembers City Administrator FROM: Charlie Tooker, City Planner SUBJECT: MUSA Expansion Update DATE: November 4, 1996 INTRODUCTION A meeting between Metropolitan Council and Farmington staff produced a series of tasks that need to be accomplished prior to forwarding a Comprehensive Plan Amendment focused on MUSA expansion. DISCUSSION The main unresolved issue is the capacity of the Empire Treatment Plant. Following work completed by both Farmington and Lakeville to minimize inflow and infiltration (I/I) into the sanitary sewer system, rainfall amounts have declined enough that Met Council engineering staff questions how effective the improvements actually will be in wet weather and/or a 100 year storm. In the meantime, work is proceeding on upgrading capacity at the Empire plant from 9 to 12 million gallons per day (MGD). Anticipated completion is in the Fall of 1999. Since Met Council staff is not assured that 1/1 remediation has been successful, they suggested they would try to bring all communities in this sector of the Twin Cities that contribute to the Empire Plant together to discuss anticipated growth to the year 2010. Specific requests for additional information include the following: . Available Lots within Existing MUSA This total includes 1053 lots and 132 multiple family units for a total of 1185 units. This approximates a three year supply based upon the current growth pattern of 350 units per year. . Available Supply of Land The Planning Commission has identified 1593 acres of land, including 415 acres already in MUSA, which is suitable for residential development. The first and second priority areas were identified by City Council and the Planning Commission during an early Spring, 1996 workshop. Met Council staff requested that development within the first priority area shall be substantially completed before moving into Phases 2 and 3. CitlJ. of FarminfJton 325 Oalt. Street · FarminfJtonl MN 55024 · (612) 463.7111 · Fax (612) 463.2591 . Capital Improvement Program Staging Plan The proposed plan is currently being prepared by the City management team and will be presented to Council at the November 18th Council meeting. It will emphasize attention on County Road 31 and a trunk sanitary sewer to provide service to the land between the Industrial Park and 195th Street. . Development Time Line (based on 200 dwelling units per year) In 1995, Farmington had an estimated 2700 household units. The City has been building at a rate of 350 dwelling units per year for the past two years. This will be repeated again in 1996 based upon current permits issued through October 22nd. The City Council has suggested 300 units per year as an optimum growth rate, whereas staff suggested a growth rate between 200 and 300 units per year. This recognized that; 1) prior to 1993, Farmington rarely produced 100 new dwelling units per year; 2) growth rates tend to fluctuate for a variety of reasons; and 3) the past three years have had both a favorable economy and low mortgage rates. 200 units per year will produce 3000 additional dwelling units in Farmington by the year 2010, whereas 300 units per year will produce 4500 dwelling units. Because of the pattern of a 350 unit per year growth rate established during the past three years, staff believes that the City will be developing at a rate close to 300 units per year through 2004 with a gradual decrease to 200 units per year after that. This MUSA expansion request, together with the existing lot inventory, will produce 4460 sites for housing if development continues at the current average rate of 2.8 units per acre. While Staff estimates that housing demand will be somewhere between 200 and 300 units per year, the actual request for MUSA approximates the upper end of this scale. Based upon development activity now, the City has a three year supply of housing sites. In order for landowners and the City to plan for improvements, the City will need to add Area A, containing 514 acres of MUSA, to the existing supply early in 1997. This will provide opportunities for the City to continue the diversification of housing options through 2004 at the rate of 300 units per year. Early in 2005, Areas Band C, with approximately 300 acres of land, will be needed to provide a five year supply of MUSA based upon development activity of 200 units per year, These areas already have trunk sanitary sewer service available and could be added to the urban service area earlier without seriously impacting the capital improvement program. The year 2010 will require the 350 acres of MUSA situated in Areas D, E and F, producing a total of 1560 housing sites. . Transportation Plan Update The Met Council Transportation Planner identified specific maps that should produced as backup for the transportation plan which was submitted earlier. staff prepared these maps, but is waiting for the Transportation Planner to from vacation to put it into one package. be City retur: ACTION RECOMMENDED A draft of the Comprehensive Plan will be forwarded to Met Council staff by the middle of November. A public hearing on the plan amendment is suggested for the regular November 18th meeting. Respectfully submitted, &~ IJ! ~~ Charles Tooker City Planner ct8 qb TO: Mayor, Councilmembers and City Administrator 'fu ,.) FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Lane Striping on Elm Street (CSAH 50) from Division Street to 4th Street DATE: November 4, 1996 INTRODUCTION On October 7, Council received a request from Dakota County Highway Department requesting City approval to modify parking restrictions on CSAH 50 (Elm Street). Residents in the area have been invited to the November 4, 1996 meeting to discuss this proposal. DISCUSSION Council reviewed parking on Elm Street at the May 24, 1995 meeting. Resolutions establishing parking restrictions from 1st Street to 4th Street and were adopted, establishing no parking from Division Street to the west City limits (Lakeville border). This left a gap between Division Street and 1 st Street. The County has requested that no parking be established on this one block segment of Elm Street (CSAH 50) to allow the painting of a center turn lane to improve traffic safety. The County indicated that center turn lanes can not be provided safely without the parking restrictions. They also expressed concern over the traffic patterns and safety issues that may continue without 'the center turn lane. The City noted a significant increase in traffic accidents between 1st Street and the railroad tracks related to turning movements. With the increases in traffic counts (over 11,000 vehicles per day), the need for safety improvements will increase. In reviewing Council's discussion of parking restrictions on Elm, the concern was expressed regarding the need for residential parking on the one block segment that was not approved, It was noted that parking occurred on that segment related to the apartments at 24 Elm Street. Staff has conducted a parking study on Elm from Division to 1st Streets. There appears to be adequate parking available at the apartment to service it's residents as shown in the following table; - CitlJ of FarminiJ.ton 325 Oale Street. FarminfJtonl MN 55024 · (612) 463-7111 · Fa~ (612) 463-2591 Parking Study on Elm - Division Street to First Street Time of Day Tues. 10/22 Wed. 10/23 Thurs. 10/24 Fri. 10/25 Sat. 10/26 8:00 AM 0 0 1 2 noon 0 0 1 1 5PM 0 0 1 0 8PM* 0 0 1 2 4 midnight 0 0 1 0 2 * It was noted that 3 to 5 parking spaces were available each night throughout the study period for apartments at 24 Elm Street. Dakota County has indicated they would be willing to complete centerline striping in the Spring of 1997 if Council enacts parking restrictions on Elm Street (CSAH 50) from Division to Elm Street. This would be done following the placement of the final wear course on the bridge project. The County has also expressed concern with potential impacts on the CSAH 50 project funding if the center turn lane striping is not completed. BUDGET IMPACT There are no significant budget impacts because the Dakota County Highway Department will provide the striping in the Spring of 1997. RECOMMENDATION Adopt a resolution enacting parking restrictions on Elm Street (CSAH 50) between Division at First Streets. ~lYS;;U Thomas idunski, P.E. Director of Public Works/City Engineer cc: file, Department Heads Dave Everds, Dakota County Highway Department PROPOSED RESOLUTION NO. R -96 REQUESTING DAKOTA COUNTY INSTALL "NO PARKING" SIGNS ON A PORTION OF CSAH 50 (from Division Street to First Street) Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Civic Center of said City on the 4th day of November, 1996 at 7:00 p.m.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City and Dakota County have planned the improvement of County State Aid Highway (CSAH) 50; and WHEREAS, the County has requested that no parking be established from Division Street to First Street; and WHEREAS, center turn lanes can not be provided safely without parking restrictions on this block. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council that the City shall ban the parking of motor vehicles on both sides of County State Aid Highway 50 from Division Street to First Street at all times. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Attested to the day of ,1996. Mayor SEAL Clerk! Administrator 18 TO: Mayor and Councilmembers qG FROM: John F. Erar, City Administrator SUBJECT: CSAH 31 Project Cost Update DATE: November 4, 1996 INTRODUCTION The City has been informed by the County Highway Department that project cost estimates for CSAH 31 have been increased by $211,184. This new engineering estimate will affect proposed special assessments on both developed and undeveloped properties, as well as issuance and property tax impact costs on the tax levy option presented to Council. DISCUSSION According to the County, the following changes in their engineering estimates are noted below: Construction Engineering Right-of-way August 26. 1996* $1,461,000 365,250 675,000 November 4. 1996 $2,047,027 372,907 292,500 Total $2,501,250 $2,712,434 *Estimate provided at the August 26, 1996 Council Workshop. Council should bear in mind that the final costs will be determined at bid opening, and, as is the case with any project, contingency expenditures, which are built into the project costs, may be a factor due to unanticipated costs once the County begins the project. The estimated financial impacts of these new construction estimates on properties should be interpreted as ranges rather than final costs and are based on the best information the City has to date. Pro Dosed SDecial Assessments Developed Properties - If 35% of the project cQst were applied to this new project estimate, special assessments would increase from $875,437.50 (35% X $2,501,250) to $949,351. According to engineering estimates, there are approximately 2,345 assessable household equivalents north of 195th. Under this scenario, assessments could range from $370.16 (as presented on October 21, 1996) to $404.84 per household equivalent over the life of the debt issue scheduled for fifteen years. Undeveloped Properties - 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 865 developable acres at a per acre cost of $1,693. This is an increase from previous estimates of$I,561 per acre. Again, this is the range based on new estimates from the County. CitlJ of FarminfJton 325 Oak Street · FarminfJton, MN 55024 · (612) 463.7117 · Fax (612) 463.2591 Mayor and Councilmembers CSAH 31 Project Cost Update Page 2 of2 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 Avenue, under the rationale that this new transportation corridor will serve the entire community. There are, however, financial implications which need to be assessed as part of an integral analysis of project financing. 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 $1,092,856 versus debt service interest payments of $977,353 under a special assessment scenario, an additional tax burden of $112,168. 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 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 committing approximately $212,000 more in MSA funding for debt service payments over the life of the bond using this tax levy option. The tax impact on homes valued between $80,000 and $150,000 would remain the same as previously identified, with an annual tax impact of $18.54 and $48.03, respectively. Lower valued homes would pay less-higher valued homes would pay more-in terms of the respective tax impact. . MSA FUNDING The City's initial proposed contribution of MSA funds towards the project, at this time, remains unchanged at $600,000. While additional MSA funding is being made available to the City, the level of MSA funding towards the project should be viewed cautiously in light of other projects which may require alternate funding sources. It should be noted, that the amount of the City's initial down payment of MSA funds will not affect the level of proposed special assessments in the project. Special assessments are determined as a percentage of the project costs, and not on the actual debt issuance principal. 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'----- ~ ~~~~B~~~~~.~J~~ ~ oooo~~~~~~~~~~~~~~~OO~-l 8 888888888888888888888~~ !!! ~ ---------------- ~ ;;;~~~;~~~~~~~~~ ~ ~ oooog~~~~~~~s~s~~~~~p ~~~ 8 88888888888888888888861>~ ~ . ~'" ~ ~~~~~~~~~~~~ 8~ ~ pppp~~~~~~~~~~~~~~~o!'> ~~~ ;:; 8888~~~~~~!:la:~iil~:II:s~<'lfj88 ~.~ ~~~~?~?_???_~~?$ o~> ~ pooof1~~i~~;~gii~~~~~~o ~~~ S8888~!~~~~~~~~Sj32~t8~~~ <"l ,.. ,~~~~~~~J~~J~~J ~ ~ ~~~~~~~;~~~~~f~~~~~~~~Q~ SSSSS~~~S8~~~~~~~t~~8~~~ 612 463 2591;# 3/ 3 9 .. .-: ~ irl :> 0 Iii ~ 2 '" ~ ~ ~ ~ ~ d TO: Mayor, Councilmembers and City Administrator~ Thomas J. Kaldunski, P,E, Director of Public Works/City Engineer FROM: SUBJECT: Declaring Costs to be Assessed and Ordering Preparation of the Assessment Roll Project 96-5, Industrial Park - Phase II DATE: November 4, 1996 INTRODUCTION The City and HRA have executed a development agreement for the above referenced project. The project is nearing substantial completion. It would be appropriate to begin preparing the assessment roll for the project. DISCUSSION Costs to be assessed include land acquisition, construction, seal coating, contingency, engineering, legal and administration. The Council should consider adopting the attached resolution to proceed with preparing the assessment roll per Minnesota Statute 429. When the assessment roll is complete, it will be presented to the Council for final adoption and certification to the County. This certification is planned for December, 1996 which will allow the payment of assessments to begin in 1997. BUDGET IMPACT The costs associated with Phase II of the Industrial Park were included in the bonds that were sold in 1996, It is adequate to cover the costs of the project. RECOMMENDATION Approve the attached resolution declaring the costs to be assessed for Phase II of the Industrial Park and ordering the preparation of the assessment roll. /1 ~~~~~s~m~ 'i/ Thomas J. Kaldunski, P.E, Director of Public Works/City Engineer TJK/ll cc: file, Karen Finstuen, Jerry Henricks, Finance Department, Donajo Heikes, TJK - CitlJ of FarminiJ.ton 325 Oak Street · Farminlj.ton, MN 55024 · (612) 463.7111 · Fa~ (612) 463.2591 RESOLUTION NO. R - 96 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL Project 96-5 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farming- ton, Minnesota, was held in the Civic Center of said City on the 4th day of November, 1996 at 7:00 P,M.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, a contract has been let for the following proposed improvement: Project 96-5 Description Constructing municipal watermains, sanitary sewer, storms sewers and streets Location Industrial Park - Phase II ; and WHEREAS, the cost for such improvement is $822,977.97. NOW THEREFORE, BE IT RESOLVED that: 1. The portion of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against benefited property is declared to be $822,977,97. 2. Assessments shall be payable in equal annual installments over 15 years, the first installment to be paid on the fIrst Monday in January, 1997 and shall bear interest at the rate of 7 % from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation as provided by law, and he shall fIle a copy of such proposed assessment in his office for public inspection. 4. The Clerk shall, upon completion of such proposed assessment, notify the Council thereof. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Attested to the day of Mayor ,1996. Clerk! Admirustrator SEAL 26 ; ~ ! ~ IV} I -_._-~- ~ o . i ;:1 >11 !:.. ~i~ 5i5 I I I I ! ;; l I o o . . . . . . . . . , I ~ ! ~ c -.- - .... - \ I" 0, I " i ~f .t#" ...y i! r,ii ~.. : It ~.? : Ii ~ . .. I II ff I .. III II Iii :. ;;~.# ~.:-~ ~..-:;::~ ..~:... ,....:;::::"'.::::.... ....7;-,.. ...---.... PROPOSED PHASES 2 & 4 OF THE MUNICIPAL INDUSTRIAL PARK -I CITY OF FARMINGTON I 5ClO I I I I I o _zooo~ SCALE FIG. NO.1 I . .., ., . U I ~ ..------: i -- --- - - w (f) <( I a... j ,.; "" :r ~ Ctl o N I a... ~ '0 o .. II . .... ...J < U Vl 3nN3A C\J . 0 Z 3nN3A \I N01\13 UJ e::: ::> C) lJ.. j ,.; "" 0 :r U'1 ~ (ij ~ N01NOWQ3 >- I- Z :::l 0 U 3nN3A\I ~3.LS\l3 HSI1!)N3 \Y (NOI1Jn~lSNOJ L6-96) 'Q~ llON)! lOlId 3~n.Lnj VI U ;::: Vl 5 C- o ::l o w "'- TO: Mayor, Councilmembers and City Administrator ~ Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer FROM: SUBJECT: Authorize Larch Street Plans and Specifications and Authorize Advertisement for Bids, Project 96-21 DATE: November 4, 1996 INTRODUCTION The Council has authorized staff to prepare the plans and specifications for the Larch Street Improvements. DISCUSSION The plans for this project are complete and available in the City Engineer's office for review. Attached is a plan view of the project that shows the proposed improvements. The Council should consider approving the plans and specifications for this project by adopting the attached resolution. This resolution will also give staff authorization to advertise for bids on the project. The advertisement will be placed in early 1997 and construction will occur during the summer of 1997. BUDGET IMPACT The Finance Department is in the process of establishing the City's 1997 General Obligation bond. Funding for the Larch Street project will be through assessments to be paid by Sienna Corporation on the East Farmington development. The City's Road and Bridge fund will fund the City's share of improvements in the median as outlined in my previous memo. RECOMMENDATION Adopt the attached resolution (required by Minnesota Statute 429) approving the Larch Street Plans and Specifications and authorizing staff to advertise for bids in order to initiate construction in May, 1997. 7711Y Submitted, 7~~./1/~ Thomas J. ~ldunski, P.E. Director of PublIc Works/CIty Engmeer TJK/ll cc: file, Finance Department, Donajo Heikes, TJK Rod Hardy, Sienna Corp. Mike Odens, Budget Oil - CiflJ. of FarminiJ.ton 325 Oak Street. FarminlJton, MN 55024 · (612) 463-7111 · Fa~ (612) 463-2591 Proposed RESOLUTION NO. R -96 APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS PROJECT NO. 96-21, LARCH STREET ACCESS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farm- ington, Minnesota, was held in the Civic Center of said City on the 4th day of November, 1996 at 7:00P.M.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution. WHEREAS, pursuant to Resolution No. R11 0-96, the City I S consulting Engineer has prepared plans and specifications for Project 96-21, Larch Street Access; and WHEREAS, such plans and specifications are now before the Council for its consideration. NOW THEREFORE, BE IT RESOLVED that: 1. Said plans and specifications are hereby approved. 2. The Clerk shall cause to be inserted in the Farmington Independent, Dakota County Tribune and Construction Bulletin an advertisement for bids upon the making of such improvement. The advertisement shall be published two times, shall state the project to be completed, shall state that the bids will be received by the City Clerk in the spring of 1997, at which time they will be read aloud and considered by the Council at a regular meeting in the spring of 1997 and that no bid shall be considered unless accompanied by a bid bond, certified check or cash deposit equal to at least 5 % of the amount of the bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of November, 1996. Attested to the day of ,1996. Mayor SEAL Clerk! Administrator 37 '" o U1 '" o U1 '0 m ~. ~--- r () '" o U1 m )> (f) -'-I (f) :u < m CJ :u ~.- ---- < m x / r BEECf.1 ST. I'l -l :AJ C Z ^ D I ~ -< rrl )> (f) -I (f) rrl :::;0 < o rrl o :::;0 z o Budget Mart I fTl;:O 00 (1)0 /~~ :J'< <T _____ --=---=r---- r \ \ L- Q 11 ' -..----.- t.....'.' , ! 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