Loading...
HomeMy WebLinkAbout08.06.90 Council Packet AGENDA COUNCIL MEETING REGULAR AUGUST 6, 1990 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. 7/11/90 Special b. 7/16/90 Regular c. 7/25/90 Special 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Proclaim October 7-13, 1990, Fire Prevention Week 7. ORDINANCES AND RESOLUTIONS a. Approve Resolution appointing Election Judges/Set Wages 8. UNFINISHED BUSINESS a. Installation of Electrical Outlets to Downtown Blvd Trees b. Award Contract Project 89-3 c. Award Contract Project 90-3 d. Maintenance of City Blvd Trees e. Final Payment - Recycling Truck 9. NEW BUSINESS a. Fire Cataract Pension Benefit b. Accept Fire Station #2 Site report c. 404 Walnut St. - Declaring Hazardous Bldg/Ordering Repair or Removal 10. MISCELLANEOUS a. Grading Permit application - Jack Benedict b. Warning Sirens c. Project 87-7 - Extension of Utilities to Fairgrounds - Approve Ad for Bids d. Project 90-1 - Industrial Park - ENRON Easement Agreement e. Project 90-6 - Sidewalk Improvement Project - Approve Ad for Bids f. Receive 1991 Operating Budget 11. CONSENT AGENDA a. Approve Sewer and Water Assessment Agreement b. School and Conference Request - Finance c. Approve purchase of recycling bins d. School and Conference Request - Finance e. Budget Adjustments f. Approve payment of bills 12. ADJOURN AGENDA REQUEST FORM ITEM NO. "XL_ NAME: Larry Thompson DEPARTMENT: Administration DATE: July 26, 1990 MEETING DATE: August 6, 1990 CATEGORY: Consent Agenda SUBJECT: Approve Sewer and Water Service Assessment Agreements EXPLANATION: Per request of the owner and previous conceptual agreement of Council REFERENCE MATERIAL/RESPONSIBILITY: Agreement - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Tom Kaldunski Public Works Karen Finstuen Administration t SIGTURE MEMO TO: MAYOR AND COUNCIL SUBJECT: SEWER AND WATER ASSESSMENT DATE: AUGUST 2, 1990 Please find proposed assessments for assessing water service fees for Tom Ryan and water and sewer service fees for Gene Ekness. It was agreed previously that the City would assess water fees, but had not considered sewer. I feel that assessing sewer fees would not place a burden on City finances. The only changes in the agreement is the restoration of lawns, which is done by the City regardless and the provision that the assessment will be paid in full upon sale or transfer of the property which is a condition placed by the City. 4K774441" --- La y Thompson City Administrator cc: Wayne Henneke Tom Kaldunski Karen Finstuen Dave Grannis file ASSESSMENT AGREEMENT UTILITY SERVICES AGREEMENT, dated the by and between the City of Farmington, a Minnesota municipal corporation (City) , the Farmington Water Board (Water Board) and ,,,, -_� �v,�, Qualm% ;Q c (.cam 1. Request for Water and Sewer Service The owner has requested that water and sewer service be extended to the property described as follows: The South 200 feet of the West 80 feet of the East 940 feet of the South 1/2 of the Southeast 1/4 of Section 30, Township 114, Range 19 West, all in Dakota County, Minnesota. ..uuulu1Oua w. -rr_____ The Farmington Water Board and City have agreed to install water ,and sewer service to said property, upon the Owner paying a fee of $ 3,094.00 and complying with the terms and conditions of this agreement. The fee shall be assessed against the property over a 10 year period with 8% interest on the unpaid balance. The assessment shall be deemed adopted on the date this agreement is signed by the City. The assessment may be prepaid at any time. The Owner waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Owner waives any appeal rights otherwise available pursuant to MSA 429.081. The Owner agrees to pay in full any remaining outstanding balance of such assess- ment before sale or transfer of the property. 3. Easements The Owner ensures that there is adequate public utility easement available to install the water and sewer service from City mains to the property line. The Owner agrees to secure any such required easements for the City before installation of the sewer and water services. 4. Ownership of Improvements Upon completion of the work and construction required by the agreement, the improvement lying within public easements shall become City property without further action or notice. The City agrees to restore lawn to the condition existing prior to the improvement. 5. Miscellaneous A. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. City of Farmington Owner 0111 Mayor Administrator Farmington Water Board Chair ASSESSMENT AGREEMENT UTILITY SERVICES AGREEMENT, dated by and between the City of Farmington, a Minnesota municipal corporation (City) , Farmington Water Board (Water Board) and Thomaset Carolyn Ryan NevtteVt 1. Requ st for Water Service The owner has requested that water service be extended to the property described as follows: Lots 6 and 7, Block 8, except for the South 100 feet of the West 130 feet of Lot 7, Town of Farmington 2. Conditions of Approval The Farmington Water Board has agreed to install water service to said property upon the Owner paying a fee of $ 2,610.00 and complying with the terms and conditions of this agreement. The fee shall be assessed against the property over a 10 year period with 8% interest on the unpaid balance. The assessment shall be deemed adopted on the date this agreement is signed by the City. The assessment may be prepaid at any time. The Owner waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Owner waives any appeal rights otherwise available pursuant to MSA 429.081. The Owner agrees to pay in full any remaining outstanding balance of such assessment before sale or transfer of the property. 3. Easements The Owner ensures there is adequate public utility easement available to install the water service from a City water main to the property line. The Owner agrees to secure any such required easements for the City before installation of the water service. 4. Ownership of Improvements Upon completion of the work and construction required by the agreement, the improvement lying within public easements shall become City property without further action or notice. The City agrees to restore the lawn to the condition prior to the improvement. 5. Miscellaneous A. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this agreement. To be bind, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. CITY OF FARMINGTON OWNER MAYOR ADMINISTRATOR FARMINGTON WATER BOARD CHAIR STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The fore ing instrument was ack wled eg b fore me this )4 day of , 1987 , by , Mayor, and by Larry Thompson, City Administrator , of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council . . NOTARY PUBLIC STATE OF MINNESOTA ) r .,1 KAREN .FI MEN( S S. / ^.;,,01,1 Notary P. is- inner . 'Y!lr •• ota toun COUNTY OF DAKOTA ) • My'•mmis ion •.paras Feb. ,1 40 The forego . ng instrument was acknowledged me this day of , 1987 , by J r i and-Tee- husband a d wife . r a k F�/�P,o A - NOTARY PUBLIC DR, ED BY : Grannis, a ' s, Farrell 4 & Knutso. , ' .A. �� KAREN 403 Norw= t Ba Building , *4 •taDry:P9frnes ©ta U 161 No• h Concor xchange 4 " My ""'m' -�.,+n-.p1res Feb. t•, Sout St . Paul , MN _ 075 Aree.,,f ,' u- ( 6 ) 455-1661