HomeMy WebLinkAbout02.05.90 Council Packet AGENDA
COUNCIL MEETING
REGULAR
FEBRUARY 5, 1990
1. CALL TO ORDER
2. APPROVE AGENDA
3. APPROVE MINUTES
a. January 16, 1990 Regular Meeting
b. January 24, 1990 Special Meeting
4. CITIZENS COMMENTS
5. PUBLIC HEARINGS
a. 7: 15 P.M. - Public Hearing to Review Zoning Amendment Adding Day Care
Centers to B-1 Business District
b. 7:30 P.M. - Public Hearing to Review Sign Ordinance Amendment Regarding
Business Signs
c. 7:45 P.M. - Public Hearing to Consider Zoning Ordinance Density Requirements
in B-2 District
6. PETITIONS, REQUESTS AND COMMUNICATIONS
a. Classify Tax Forfeited Properties
b. Approve Amendment to Vermillion River Watershed Management Board Joint
Powers Agreement
7. ORDINANCES AND RESOLUTIONS
a. Approve Franchise Agreement with Dakota Electric
8. UNFINISHED BUSINESS
a. Revision of Massage Ordinance
b. McVicker Property
c. Feasibility Study - TH 50 Industrial Park
d. Appointment to Water Board
9. NEW BUSINESS
a. Sexual Harassment Policy
b. Appointment of Fire Chief
10. MISCELLANEOUS
11. CONSENT AGENDA
a. Approve School/Conference Request - Solid Waste Seminar
b. Accept Donation - Senior Center
c. Approve School/Conference Request - Engineering
d. Approve School/Conference Request - Fire
e. State Lottery Request - Liquor Store
f. Designate Garage as Smoking Area in City Hall
g. Capital Outlay Request - Administration
h. School/Conference Request - Police
i. School/Conference Request - Police
j. Labor Agreement Local 320 - Police
k. Capital Outlay Request - Public Works
1. School/Conference Request - Finance
m. School/Conference Request - Parks and Recreation
n. Approve Payment of the Bills
12. ADJOURN
13. ADD ON
a. Project 89-5 Arbitration Request - J.P. Norex
THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING.
MEMO TO: MAYOR AND COUNCIL
SUBJECT: AGENDA ITEMS - FEBRUARY 5, 1990
DATE: FEBRUARY 2, 1990
5a. Information sent previously.
b. Memo enclosed.
c. Information sent previously.
6a. Request/various information enclosed.
b. Request/amendment enclosed.
7a. Memo from Attorney/agreement enclosed.
8a. Memo/ordinance enclosed.
b. Memo/resolution enclosed.
c. Report enclosed.
d. Applications enclosed.
9a. Memo/policy enclosed. The policy is patterned after State Law and
League of Minnesota Cities model ordinance.
b. Memo enclosed.
lla. Request enclosed.
b. Budget Adjustment enclosed.
c. Request enclosed.
d. Request enclosed.
e. Request enclosed.
f. Request enclosed.
g. Request enclosed.
h. Request enclosed.
i. Request enclosed.
j . Memo/agreement enclosed.
k. Request enclosed.
1. Request enclosed.
m. Request enclosed.
n. Copy enclosed.
13a. Memo enclosed.
, //`-l'ii24;714
461
La y Thom son
City Administrator
AGENDA REQUEST FORM
ITEM NO.
NAME: Larry Thompson
DEPARTMENT: Administration N ,• FL,„
DATE: January 30, 1990
MEETING DATE: February 5, 1990
CATEGORY: Ordinances and Resolutions
SUBJECT: Approving Franchise Agreement with Dakota Electric
EXPLANATION: Per request of Dakota Electric
REFERENCE MATERIAL/RESPONSIBILITY: Recommendation - Larry Thompson/Dave Grannis
REFERRED TO: (NAME) DEPARTMENT:
Larry Thompson Administration
Dave Grannis Legal
SIGMA
T,
r
l 2. 0 1 . 90 12 : 54 PM * G RANI'+] I S LAW F. IRI f �._...pa_
2
MLNORANDUM
TO: Larry Thompson
FROM; Dave Grannie
DATE; January 15, 199*
RE: Farmington Underground Utility Ordinance
You have asked the following questions:
1. Does the City presently have the authority to order the cable
TV company or NSP to bury lines at the utilities expense?
With regard to the Cable TV franchise the City does
presently have the ability to require burying of cable
as provided in the Franchise Ordinance itself. [8-8-
20 (C) ] . Arguably this provision also requires the
expense to be born by the utility but it does not
explicitly say so.
With regard to the NSF franchise the City does not have
the right to require NSP to pay for removal and burying
of cables if the reason is convenience rather than
necessity in the construction or reconstruction of a
City utility system or extension thereof. (NSF
Agreement § VII, subd. 2) . The City does have the
power and the right to require underground cabling
pursuant to Minn. Stat. § 2168.36. The NSP Agreement
recognizes that it is subject to the City's powers and
rights "now or hereafter possessed". (Section V) .
2. Would the adoption of an ordinance supersede the franchise
agreements?
Once franchise ordinances have been adopted by the
Franchisee they become binding contracts between -=e
parties. As such they are subject to constitutional
protection against the impairment of contracts. Any
modifications to the Franchise Ordinance must be
consented to by the Franchisee to be binding on his.
Northwestern. Tel. Exch. Co. v. City of Mi neanolis, 86
N.W. 69, 74 (Minn. 1901) .
3. Could the adoption of en ordinance give the City the
authority to order the utilities without a franchise agreement to
bury their lines at the utilities expense?
The combination of Minn. Stat. §§ 300. 03 and 216B. 36
gives the City the right to require a Franchise
agreement with any public ser.- ce corporation or other
private utility company desiring to erect poles or lay
cables in, on or over public streets, hi4hways or other
. 0 2. 01 . 90 12 : 54 PM * GRANN I S LAW FIRM P03
public places. The Ordinance itself would govern or
the City could enter into Franchise Agreements and make
specific provision for the burying of cable at the
utilities expense.
4. In summary, what authority would the proposed ordinance give
the City regarding the burying of lines?
The Ordinance would give the City power to require
burying of utility cables in residential and commercial
districts for any new installations and for existing
installations. With regard to the NSP franchise the
City should be careful to make sure any decision to
require NSP to relocate and bury existing overhead
cable is not arbitrary or capricious; i.e. that there
is a real general welfare need for the underground
installation. All new franchise agreements should
either ma-3e reference to this new Ordinance or should
contain the authority for the City to require burying
of cables in the franchise agreements itself.
You have asked the following questions regarding the proposed
Dakota Electric Agreement:
1. What is the advantage of the City signing such an agreement?
Disadvantage?
The advantage to the City is that the Agreement can
specifically require Dakota Electric to install
underground conduits even if the proposed Ordinance
never passes.
The disadvantage is that once the franchise agreement
is accepted by Dakota Electric it become a binding
contract between it and the City. Any amendments must
be approved by Dakota Electric to be binding on them.
2. Would the proposed agreement allow the City to impose a
utility fee in the future?
As presently drafted the agreement would not allow
this. If a fee may be considered in the future, I
suggest adding a provision such as:
/The City shall have the right at any time
hereafter to impose a fee or surcharge on
Dakota Electric for the privilege of
operating its electric services in the City
/pursuant to Minn. Stat. § 216B.36.
3. Could 'the City insist that Dakota Electric bury lines at its
awn expense?
02. 01 . 90 12 : 54 PM * GRANNIS LAW FIRM PO4
The City can include in the agreement any provision it
wants. Minn. Stat. § 2168.36 provides =he City with
the authority to require burying of cat_ s as a
condition of granting the franchise. You may want to
adC the following provision to the agreement:
The City shall have the right upon reasonable
notice to the Company to require the removal
of poles, masts, towers and other fixtures
bearing wires and the relocation of those
wires in underground conduits at the
Company' s expense.
4. Dc you have any concerns regarding the language?
Y _ =ay want to include the following provision which
is ,:ast of your NSP Franchise:
The Company recognizes that all authority and
rights in this Agreement contained, shall at
all times be subject to all rights, power and
authority now or hereafter possessed by the
City to regulate the manner in which the
Company shall use the streets, alleys,
bridges and public places of said City and
concerning the manner in which the Company
shall use and enjoy the privileges herein
granted.
u should include a specific reference to the
derground Utility Ordinance or include provisions
- ich require underground installation in residential
commercial areas.
efroe,
q
ORDINANCE NO. / "`'�" 9/x/11
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO DAKOTA ELECTRIC ASSOCIATION, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN
IN THE CITY OF FARMINGTON, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING
NECESSARY POLES, LINES, FIXTURES, AND APPURTENANCES,
FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY,
ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS
AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES
THE CITY COUNCIL OF THE CITY OF FARMINGTON DOES ORDAIN:
Section 1. DEFINITIONS
1. 1 "City" . In this ordinance, "City" means the City of
Farmington, County of Dakota, State of Minnesota.
1.2 "City Utility System" means the facilities used for
providing sewer, water, or any other public utility service owned or
operated by City or agency thereof.
1. 3 "Company" means DAKOTA ELECTRIC ASSOCIATION, a Minnesota
corporation, its successors and assigns.
1.4 "Notice" means a writing served by any party or parties
on any other party or parties. Notice to Company shall be mailed to
Dakota Electric Association, Farmington, Minnesota 55024. Notice to
City shall be mailed to the City Clerk.
1. 5 "Public Way" means any street, alley, or other public
right-of-way within the City.
1. 6 "Public Ground" means land owned by the City for park,
open space, or similar purpose, which is held for use in common by the
public.
1.7 "Electric Facilities" means electric transmission and
distribution towers, poles, lines, guys, anchors, ducts, fixtures, and
necessary appurtenances owned or operated by the Company for the
purpose of providing electric energy for public use.
SECTION 2. FRANCHISE
2 . 1 Grant of Franchise. The City hereby grants Company, for
a period of twenty (20) years from , the right to
transmit and furnish electric energy for light, heat, power, and other
purposes for public and private use within and through the limits of
the City as its boundaries now exist or as they may be extended in the
future. For these purposes, the Company may construct, operate,
repair, and maintain Electric Facilities in, on, over, under, and
across the Public Ways and Public Grounds of the City subject to the
provisions of this ordinance. The Company may do all reasonable
things necessary or customary to accomplish these purposes, subject,
however, to zoning ordinances, other applicable ordinances, permit
procedures, and to the further provisions of this franchise.
2.2 Effective Date; Written Acceptance. This franchise
shall be in force and effect from and after its passage and its
acceptance by the Company, and its publication as required by law. An
acceptance by the Company must be filed with the City Clerk within
ninety (90) days after publication.
2 . 3 Service Rates and Area. The service to be provided and
the rates to be charged by Company for electric service in the City
currently are subject to the jurisdiction of the Minnesota Public
Utilities Commission. The area within the City in which the Company
may provide electric service currently is subject to the provisions of
Minnesota Statutes, Section 216B.40.
2 .4 Publication Expense. The expense of publication of this
ordinance shall be paid by the Company.
2 .5 Default. If either party asserts that the other party
is in default in the performance of any obligation hereunder, the
complaining party shall notify the other party of the default and the
desired remedy. The notification shall be written. If the dispute is
not resolved within thirty (30) days of the written notice, either
party may commence an action in District Court to interpret and
enforce this franchise or for such other relief as may be permitted by
law or equity for breach of contract, or either party may take any
other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS
3 . 1 Location of Facilities. Electric Facilities shall be
located and constructed so as not to interfere with the safety and
convenience of ordinary travel along and over Public Ways and they
shall be located on Public Grounds as determined by the City. The
Company's construction, reconstruction, operation, repair,
maintenance, and location of Electric Facilities shall be subject to
other reasonable regulations of the City.
3 .2 Field Location. The Company shall provide field
locations for any of its underground Electric Facilities within a
reasonable period of time on request by the City. The period of time
will be considered reasonable if it compares favorably with the
average time required by the cities in the same county to locate
municipal underground facilities for the Company.
3. 3 Street Openings. The Company shall not open or disturb
the paved surface of any Public Way or Public Ground for any purpose
without first having obtained permission from the City, for which the
City may impose a reasonable fee. Permit conditions imposed on the
Company shall not be more burdensome than those imposed on other
utilities for similar facilities or work. The Company may, however,
-2-
such relocation, removal, replacement, or reconstruction is solely for
the convenience of the City and is not reasonably necessary for the
construction or reconstruction of a Public Way or City Utility System
or other City improvement.
4.2 Relocation of Electric Facilities in Public Ground.
Except as may be provided in Section 4. 3, City may require the Company
to relocate or remove its Electric Facilities from Public Ground upon
a finding by City that the Electric Facilities have become or will
become a substantial impairment of the public use to which the Public
Ground is or will be put. The relocation or removal shall be at the
Company's expense. The provisions of 4 .2 apply only to Electric
Facilities constructed in reliance on a franchise and the Company does
not waive its rights under an easement or prescriptive right.
4.3 Projects with State or Federal Funding. Relocation,
removal, or rearrangement of any Company facilities made necessary
because of the extension into or through City of a federally-aided
highway project shall be governed by the provisions of Minnesota
Statutes Section 161.46 as supplemented or amended. It is understood
that the right herein granted to Company is a valuable right. City
shall not order Company to remove, or relocate its facilities when a
Public Way is vacated, improved, or realigned because of a renewal or
a redevelopment plan which is financially subsidized in whole or in
part by the Federal Government or any agency thereof, unless the
reasonable non-betterment costs of such relocation and the loss and
expense resulting therefrom are first paid to Company, but the City
need not pay those portions of such for which reimbursement to it is
not available.
4.4 Liability. Nothing in the ordinance relieves any person
from liability arising out of the failure to exercise reasonable care
to avoid damaging Electric Facilities while performing any activity.
SECTION 5. TREE-TRIMMING
The Company may trim all trees and shrubs in the Public Ways
and Public Grounds of the City interfering with the proper
construction, operation, repair, and maintenance of any Electric
Facilities installed hereunder, provided that the Company shall save
the City harmless from any liability arising therefrom, and subject to
permit or other reasonable regulation by the City.
SECTION 6. INDEMNIFICATION
6. 1 The Company shall indemnify, keep and hold the City free
and harmless from any and all liability on account of injury to
persons or damage to property occasioned by the construction,
maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the City. The City,
shall not be indemnified for losses or claims occasioned through its
own negligence except for losses or claims arising out of or alleging
the City's negligence as to the issuance of permits for, or inspection
of, the Company's plans or work. The City shall not be indemnified if
the injury or damage results from the performance in a proper manner
-4-
open and disturb the paved surface of any Public Way or Public Ground
without permission from the City where an emergency exists requiring
the immediate repair of the Electric Facilities. In such event the
Company shall notify the City by telephone to the office designated by
the City before opening or disturbing a paved surface of a Public Way
or Public Ground. Not later than the second working day thereafter,
the Company shall obtain any required permits and pay any required
fees.
3.4 Restoration. After undertaking any work requiring the
opening of any Public Way or Public Ground, the Company shall restore
the same, including paving and its foundation, to as good condition as
formerly existed, and shall maintain the same in good condition for
two (2) years thereafter. The work shall be completed as promptly as
weather permits, and if the Company shall not promptly perform and
complete the work, remove all dirt, rubbish, equipment and material,
and put the Public Way or Public Ground in the said condition, the
City shall have, after demand to the Company to cure and the passage
of a reasonable period of time following the demand, but not to exceed
five (5) days, the right to make the restoration at the expense of the
Company. The Company shall pay to the City the cost of such work done
for of performed by the City, including its administrative expense and
overhead, plus ten percent additional as liquidated damages. This
remedy shall be in addition to any other remedy available to the City.
3.5 Shared Use of Poles. The Company shall make space
available on its poles or towers for City fire, water utility, police
or other City facilities whenever such use will not interfere with the
use of such poles or towers by the Company, by another electric
utility, by a telephone utility, or by any cable television company or
other form of communication company. In addition, the City shall pay
for any added cost incurred by the Company because of such use by the
City. Any City facilities shall be installed and maintained in
accordance with the National Safety Code.
SECTION 4. RELOCATIONS
4. 1 Relocation of Electric Facilities in Public Ways.
Except as provided in Section 4 . 3, if the City determines to vacate
for a City improvement project, or to grade, regrade, or change the
line of any Public Way, or construct or reconstruct any City Utility
System in any Public Way, it may order the Company to relocate its
Electric Facilities located therein. The Company shall relocate its
Electric Facilities at its own expense. The City shall give the
Company reasonable notice of plans to vacate for a City improvement
project, or to grade, regrade, or change the line of any Public Way or
to construct or reconstruct any City Utility System. If a relocation
is ordered within five (5) years of a prior relocation of the same
Electric Facilities, which was made at Company expense, the City shall
reimburse Company for non-betterment expenses on a time and material
basis, provided that if a subsequent relocation is required because of
the extension of a City Utility System to a previously unserved area,
Company may be required to make the subsequent relocation at its
expense. Nothing in this ordinance requires Company to relocate,
remove, replace, or reconnect at its own expense its facilities where
-3-
such relocation, removal, replacement, or reconstruction is solely for
the convenience of the City and is not reasonably necessary for the
construction or reconstruction of a Public Way or City Utility System
or other City improvement.
4.2 Relocation of Electric Facilities in Public Ground.
Except as may be provided in Section 4. 3, City may require the Company
to relocate or remove its Electric Facilities from Public Ground upon
a finding by City that the Electric Facilities have become or will
become a substantial impairment of the public use to which the Public
Ground is or will be put. The relocation or removal shall be at the
Company's expense. The provisions of 4.2 apply only to Electric
Facilities constructed in reliance on a franchise and the Company does
not waive its rights under an easement or prescriptive right.
4 . 3 Projects with State or Federal Funding. Relocation,
removal, or rearrangement of any Company facilities made necessary
because of the extension into or through City of a federally-aided
highway project shall be governed by the provisions of Minnesota
Statutes Section 161.46 as supplemented or amended. It is understood
that the right herein granted to Company is a valuable right. City
shall not order Company to remove, or relocate its facilities when a
Public Way is vacated, improved, or realigned because of a renewal or
a redevelopment plan which is financially subsidized in whole or in
part by the Federal Government or any agency thereof, unless the
reasonable non-betterment costs of such relocation and the loss and
expense resulting therefrom are first paid to Company, but the City
need not pay those portions of such for which reimbursement to it is
not available.
4.4 Liability. Nothing in the ordinance relieves any person
from liability arising out of the failure to exercise reasonable care
to avoid damaging Electric Facilities while performing any activity.
SECTION 5. TREE-TRIMMING
The Company may trim all trees and shrubs in the Public Ways
and Public Grounds of the City interfering with the proper
construction, operation, repair, and maintenance of any Electric
Facilities installed hereunder, provided that the Company shall save
the City harmless from any liability arising therefrom, and subject to
permit or other reasonable regulation by the City.
SECTION 6. INDEMNIFICATION
6. 1 The Company shall indemnify, keep and hold the City free
and harmless from any and all liability on account of injury to
persons or damage to property occasioned by the construction,
maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the City. The City,
shall not be indemnified for losses or claims occasioned through its
own negligence except for losses or claims arising out of or alleging
the City's negligence as to the issuance of permits for, or inspection
of, the Company's plans or work. The City shall not be indemnified if
the injury or damage results from the performance in a proper manner
-4-
of acts reasonably deemed hazardous by Company, and such performance
is nevertheless ordered or directed by the City after notice of
Company's determination.
6.2 In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, the Company
at its sole cost and expense shall defend the City in such suit if
written notice thereof is promptly given to the Company within a
period wherein the Company is not prejudiced by lack of such notice.
If the Company is required to indemnify and defend, it will thereafter
have control of such litigation, but the Company may not settle such
litigation without the consent of the City, which consent shall not be
unreasonably withheld. This section is not as to third parties, a
waiver of any defense or immunity otherwise available to the City; and
the Company, in defending any action on behalf of the City shall be
entitled to assert in any action every defense or immunity that the
City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS
The City shall give the Company at least two (2) weeks' prior
written notice of a proposed vacation of a Public Way. Except where
required for a City street or other improvement project, the vacation
of any Public Way, after the installation of Electric Facilities,
shall not operate deprive the Company of its rights to operate and
maintain such Electric Facilities, until the reasonable cost of
relocating the same and the loss and expense resulting from such
relocation are first paid to Company. In no case, however, shall City
be liable to the Company for failure to specifically preserve a
right-of-way, under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not
affect the validity of this ordinance. Any governmental unit
succeeding the City shall, without the consent of the Company, succeed
to all of the rights and obligations of the City provided in this
ordinance.
SECTION 9. SEVERABILITY
If any portion of this franchise is found to be invalid for
any reason whatsoever, the validity of the remainder shall not be
affected.
SECTION 10. AMENDMENT
This ordinance may be amended at any time by the City passing
a subsequent ordinance declaring the provisions of the amendment,
which amendatory ordinance shall become effective upon the filing of
the Company's written consent thereto with the City Clerk within
ninety (90) days after the effective date of the amendatory ordinance.
-5-
SECTION 11. PREVIOUS FRANCHISES SUPERSEDED
This franchise supersedes any previous electric franchise
granted to the Company or its predecessor.
PASSED and duly adopted by the Farmington City Council this
day of , 1989.
CITY OF FARMINGTON
BY:
Eugene Kuchera, Mayor
ATTEST:
Larry Thompson, City Administrator
-6-
i,
AGENDA REQUEST FORM
ITEM NO. 1 W
NAME: Karen Finstuen
DEPARTMENT: Administration
DATE: January 29, 1990
MEETING DATE: February 5, 1990
CATEGORY: Consent Agenda
SUBJECT: Request to Designate Garage a Smoking Area
EXPLANATION: See attached
REFERENCE MATERIAL/RESPONSIBILITY: Proposed resolution
REFERRED TO: (NAME) DEPARTMENT:
Larry Thompson Administration
Department Heads
SIGNATURE
MEMO TO: MAYOR AND COUNCIL
SUBJECT: DESIGNATED SMOKING AREA AT CITY HALL
DATE: JANUARY 31, 1990
At the Council meeting of June 5, 1989, the City Hall was designated as a
Smoke Free building.
This practice was implemented at that time. We now request that the garage
be designated a smoking area to accommodate Mountain Dew Days. We do not
feel this will hamper the air quality of the remaining public area of the
building.
I have attached a proposed resolution.
s,
Karen Finstuen � r
Administrative Assistant
cc: Department Heads
file
RESOLUTION NO. R10-90
AMENDING RESOLUTION NO. R41-89 BY DESIGNATING THE GARAGE AS
THE SMOKING AREA IN THE OTHERWISE SMOKE FREE FARMINGTON CITY HALL
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
5th day of February, 1990 at 7:00 P.M.
The following members were present: Kuchera, Galler, Mayer, Sprute.
The following members were absent: McKnight.
Member Sprute introduced and Member Kuchera seconded the following resolution:
WHEREAS, the Minnesota State Legislature adopted the Minnesota Clean Air Act in
1975; and
WHEREAS, the Minnesota Clean Air Act was passed to improve the environment and
promote clean air and to provide a healthy lifestyle in the State of Minnesota; and
WHEREAS, the intent of the City of Farmington is to fully comply with the Minnesota
State Legislature.
NOW THEREFORE, BE IT RESOLVED that the Farmington City Council hereby prohibits
smoking in the Farmington City Hall, 325 Oak Street, Farmington, Minnesota.
BE IT FURTHER RESOLVED that the garage area at 325 Oak Street be the designated
smoking area.
This resolution adopted by recorded vote of the Farmington City Council in open
session on the 5th day of February, 1990.
Mayo
Attested to the .. day of , 1990.
..)0000f
SEAL ,erg a-/2
Cl-rk/A• :. istrato