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Home My WebLink About05.21.84 Council PacketIr AGENDA COUNCIL MEETING REGULAR MAY 21, 1984 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. May 7, 1984 4. CITIZENS COMMENTS a. Rep. Carolyn Rodriguez 5. PUBLIC HEARINGS 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Railroad Crossings - Update 7. ORDINANCES AND RESOLUTIONS 8. UNFINISHED BUSINESS a. Dominium Project b. Approve Towing Contract 9. NEW BUSINESS a. Railroad Right of Way - Lease 10. MISCELLANEOUS a. Bridge Repair on Flagstaff - Update b. New Legislation - Comparable Worth 11. CONSENT AGENDA a. Approve Payment No. 1 to National Power Rodding Corporation - Sewer Rehab Project and Payment No. 3 to Gartzke, Fair Hills, Ph II b. Set Public Hearing to Consider Liquor License Application - Linn Shepard dba Homesteader - June 4, 1984 c. Bills 12. ADJOURN THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. Add On: 13. Proclaiming May 25, 1984 annual sale of Buddy Poppies by VFW. 14. Appoint person to Dakota County CDBG Review Committee. 15. Discussion of Lake Overflow Solution (Middle Beltline Intercept) MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: AGENDA ITEMS DATE: MAY 18, 1984 4a. Rep. Carolyn Rodriguez plans to attend the meeting to answer any questions or discuss any concerns you may have. Rep. Rodriguez will also update the Council on the past Legislative session. 6a. Memo enclosed. 8a. Memo enclosed. b. Memo and Contract enclosed. 9a. Memo enclosed. 10a. Memos enclosed. b. I have enclosed a copy of the Bill for your review. The bill is basically the same as originally proposed except that the compliance date has been moved back to August 1, 1987, (Section 2) and it does touch on the binding arbitration issue. Jerry Gorgos and myself will try to answer any questions you may have regarding this bill . This item could possibly be discussed with Rep. Rodriguez if she is in attendance. 11a. Request enclosed. b. As per the City Code, a public hearing must be set to consider the license. c. Copy enclosed. 13. Proclamation enclosed. 14. Letter from Dakota County HRA enclosed. 15. Mr. Scully will be present to discuss this matter. f AGENDA REQUEST FORM ITEM NO. (pt1L . NAME: Larry Thompson DEPARTMENT: Administration DATE: May 8, 1984 MEETING DATE: May 21, 1984 CATEGORY: Requests, Petitions, Communications SUBJECT: Railroad Crossings EXPLANATION: Update on discussion last meeting regarding the railroad crossings REFERENCE MATERIALS/RESPONSIBILITY: Update - Larry Thompson, Bill Hince, Stan Whittingham. REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Bill Hince General Services • Stan Whittingham Police SI AUR Clr--1411"------- MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: RAILROAD CROSSINGS - UPDATE DATE: MAY 18, 1984 The following is an update on the questions raised by the Council during the last Council meeting. 1. Walkways along Oak Street - Bill Hince has indicated that a walkway of crushed rock would be adequate to serve the traffic, and would cost very little. Mr. Hince has not received any answer from the Railway as to location, permits or safety devices. 2. Spruce Street Crossing - Presently, MnDOT has no formal agreement with the railroad regarding the repair of crossings. It was indicated that they will repair the crossings on their own if the crossings get too bad. It was mentioned that there may be Federal Funds available to install a permanent rubber crossing. MnDOT staff will be discussing the requirements with me in the near future. As a footnote to this matter, MnDOT plans to overlay #50 between #3 and the Vermillion River bridge and install a rubber railway crossing early next Spring. Approximate cost to the City would be $2,000.00 - $2,500.00. I will update you as additional information is obtained. Larr ompson City Administrator LT/mh cc: file Bill Hince , . , .. P R , , j - OA/9 afv) ii, PoT (1,, k\ cr 7(44/ 7 11/14"-- A, AD P - L„.. 2U - a (3-t T. it , . s ,,. fi L ,.4_,L. Q.).„..4,7 I �,e '"ftr- No, ti ' aJ • ' ril-vy\Id I A...VA.-7. �, � _ n i ?fir "t67 m .„;4_,_) -cit, 1 „. I _„z4 r„.2,...ei( N — c 667 . . _.____ k AGENDA REQUEST FORM yei I^ ITEM NO. JJ NAME: Larry Thompson DEPARTMENT: Administration - Police DATE: May 8, 1984 MEETING DATE: May 21, 1984 CATEGORY: Unfinished Business SUBJECT: Approve Towing Contract EXPLANATION: Self Explanatory REFERENCE MATERIALS/RESPONSIBILITY: Contract, Explanation - Larry Thompson and Stan Whittingham REFERRED TO: (NAME) DEPARTMENT: Stan Whittingham Police Larry Thompson Administration T ' SI ' , R 4 MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: TOWING CONTRACT DATE: MAY 18, 1984 Enclosed, please find a copy of the towing agreement between the City and Bongard's Corner for your consideration. The contract has incorporated the proposal as submitted by Bongard's Corner. I discussed the possibility of rotating the contract under Bongard's proposal with Jim Ellingson, and he was in favor of such an arrangement. But Bongard stated that he was not in favor of such an agreement, because he had submitted his proposal with the understanding he would be the exclusive contractor. I do not believe it would be possible to hold Mr. Bongard to his proposal if the City plans to rotate the contract. Lar Thompson City Administrator LT/mh cc: Stan Whittingham Bert Bongard Jim Ellingson AGREEMENT AGREEMENT made this 21st day of May 19 84 between Bongard ' s Corner of Hwy 3 and Co. Rd. 80, Farmington , MN 55024 • County of Dakota , State of Minnesota , hereinafter referred to as CONTRACTOR, and the City of Farmington , County of Dakota , State of Minnesota , hereinafter referred to as CITY. RECITALS Bongard ' s Corner are ( A Minnesota Corporation ) duly registered and authorized to engage in the business of towing and storing vehicles . SECTION I Purpose of the Agreement The purpose of this agreement is to designate a specific Contractor to perform the services of towing , hauling, moving, storing and /or impounding of vehicles when ordered to do so by the City, which is defined as "contract" services . This agreement does not involve or control transactions which result from calls made to the Contractor by the City at the voluntary request of a private citizen , defined as "courtesy" services . Additionally , this agreement is to assure the provision of services as to : type , availability, dependability, reputability , accessibility , adequacy and costs thereof. • SECTION 11 City-Designated Authority The Contractor shall respond to a Contract service order issued only by a representative of the Farmington Police Department who shall be designated by the Chief in depart- mental policy, the appropriate portions of which shall be provided to the contractor . SECTION III Contractor Designated Upon execution of this agreement the City designates the Contractor as the exclusive vendor of the services provided for in this agreement and shall so state in its police department policy. SECTION IV Contractor Performance The Contractor agrees to perform as follows : 1 . Availability - Calls for contract services will be handled 24 hours per day, 365 days per year. 2. Contact Numbers - The following telephone numbers will be available for contract service calls : Business Home ( A) 463-9716 (B) 460-6246 (C ) 3. Response Time - Arrival at the scene following a call will be as prompt as possible but will not , in any case, exceed 20 minutes . - 2 - 4 . Equipment - Adequate equipment .,pecifically designed to satisfy the intent of this agreement will always be maintained in serviceable condition and will be at the disposal of the Contractor. 5. Storage Facility - Suitable , secure inside storage will be provided to meet the requirments of this agreement . Outside storage must be within an area which is locked at all times and has a chain link fence of at least 7 ' 6" feet in height. 6. Reclaim Convenience - Contractor will provide the necessary accommodations to permit the reclaim of stored vehicles by the owner in accordance with the following schedule : Monday through Friday -- 8: 00 AM to 5: 00 PM Service will be provided outside of the above hours by appointment only, including Saturdays ," Sundays , and Holidays . SECTION V Charges The maximum charges that can be incurred by an owner of a vehicle handled under this agreement by the Contractor are set forth in separate Schedule A which is attached to and is a part of this agreement . Charges shall be subject to review by the Chief of Police and shall be approved by the police depart- ment as to their conformance with schedule of charges . - 3 - SECTION VI Relea3e Procedure:- The Contractor shall follow the precise procedure for releasing a vehicle in his care as set forth in the Farmington Police Department policy. (See Attachment B) SECTION VII Insurance Contractor agrees to procure and maintain during the duration of this agreement liability insurance on its vehicles and its business .as well as property damage insurance which would cover damages done to a vehicle towed by the Contractor. A Certificate of Insurance must be on file with the City during the duration of this agreement . SECTION VIII Limitation of Liability Contractor does hereby agree to indemnify City, its agents and employees from any and all liability , loss or damage City may suffer as a result of claims , demands , costs or judgments against it arising out of operations to be carried out pursuant to the terms of this agreement . Contractor does additionally agree to defend City against any claims brought or actions filed against City with respect to the terms contained in this agreement , whether such claims or actions are rightfully or wrongfully brought or filed. In the case that a claim should be brought or an action filed with respect to the subject of this agreement , Contractor agrees that City may employ attorneys - 4 - of its own, 3election to appear and defend the claim or action on behalf of City at the expense of Contractor . City , at its option, shall have the sole authority for the direction of the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against City. Contractor does further agree to reimburse City for any necessary expenses , attorney fees , or costs incurred in the enforcement of any part of this agreement. The indemnification provisions as set forth in this section shall not apply, however, to tows and other operations which are illegally ordered and directed by the City. SECTION IX Termination This contract , and the relationship created hereby, may be terminated by either party upon thirty ( 30) day written notice of same to the other party. SECTION X Unauthorized Use of Information Officers and employees of Contractor , shall not , at any time , divulge to any unauthorized person information obtained during performance under this agreement . SECTION XI This instrument contains the entire agreement between the parties and no statement , promises or inducements made by - 5 - any party or agent of any party that is not contained in this written agreement shall be valid or binding; and this agreement may not be enlarged , modified , or altered except in writing signed by all the parties . . - IN WITNESS WHEREOF, the parties have executed this agree- ment the day and year first above written. • CITY OF FARMINGTON ....-- / 4 '.„ f4 ,, Ci y A. nis, : tor Contractor Larr Thomp• ■n Berton E. Bongard •"*":0 0 0, ---."' >1 1 1 1 o' p°H I il I I I I I IIII, ..},,,,, ,, ..:.., • •• ,- .- , By hief of Police Stan V. Whittingham Subscribed and sworn to before me this qday of ifha.Ar , 19 gii 4 — )> . Oi 1riodtax_..,) c `" KAREN N.FINSTUEN 1 Nary PuMk-Minnesota • w, Dakota County > My Commission Expires ;:a Feb.7,1990 - 6 - * • • * * . . * . W Al NN 0 V ` o 0 o < H •-3 C a. •r) '-' 0 •-%CP 3 I CP 3 (D Z et. ^s ') CD 5 H- 3 H. C C'D . r. 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CODCDn v' 0 CD Fri • rn o ~' 'S • < '3 H• 2 b 'z7 •D w 5 •G Cl)• C) 0 C) `r3 0 CD o v I-- + Z (~D Cr 0) -.1 rn V1 F'' H 7D (D 0 - (D 3 o � 73 - Cr 's H. C' I-I 0 CO 5 rn os 0 Cr rb- Pi 0) 3 m Cl 0 0 ((DD o w H. CO 'S o O E CCD * C a) (• D CcK 5 Cn Ca * H '3 5 3 DI o r• 5 (D ,� C") rn Fes-' 3' cor }-n- t<c< ° m cw+• f)4 •I g Vii H. cr I- H- v Cr'r• 3 co O Fr 0 (D £ CD X' 0 rn O o x • (D Cl) (D O 0. '3 Oq '3 (n 0 CD CCD 3 Zr �' w Cl) : ir Ci) -3 Cl) M. o oC ((D I I-' 0. -a N aa)) C) 'D H H. C a) I--' Cr CD 03 o o w Cn CD 3 N o -3 c< 3 \ m • '3 0. y JR Zr cw•r H- O) a a Zr xi a co w O a C 0 M CD Cl) (� • 0) `< C) co* cr X' (D m r' '3 c* 5 H. •• 1 (D C) w o (D D w • ff3 • x C) � � G � � � H. • w0 � C3c* (r] :q 0 ' v) (D 0 a Vo 3 CD 0 v -3 3 ATTACHMENT B VEHICLE TOWING POLICY A. Police Tows On all vehicles towed at the request of the Farmington Police Department for Felony Arrests , Gross Misdemeanants , Misdemeanants , Petty Misdemeanants , and ordinance violations (i. e. snowbirds , • junk vehicles where mandated by Municipal Code) , and when an officer reasonably believes that by his failure to act on the re- moval and impound of a vehicle, that said vehicle 1. May be lost as evidence. 2 . May constitute continued criminal activity. The officer will notify the dispatcher to contact the contract towing service for the tows . When an officer reasonably believes that a vehicle, because of its location, position or condition poses a perilous , risky or hazardous situation to the general public and the vehicle is subject to a tow, the officer will notify the dispatcher to con- tact the contract towing service for tows . If for any reason the contract towing service cannot respond to the above call within the time outlined in Section IV, sub . 3 , an approved list of towing services will be utilized by the offi- cer on the scene. All vehicles towed by the contract services and/or tows on the approved list will be towed to the impound lot. Officers will remain on the scene until the vehicle is towed by the towing service. B. PRIVATE TOWS If a citizen requests a tow service and does not know of any in the area, the contracting towing service will be called. If a citizen requests a tow service by name , that tow service will be called. In either case, the dispatcher will advise the tow service that the call is a private tow. C. TOW AUTHORIZATION Officers authorizing tows will complete Farmington Police Depart- ment VEHICLE REPORT FORM and TOW/BILL AUTHORIZATION FORM. Forms will be signed by both the officer and the tow operator. Two copies of the TOW/BILL AUTHORIZATION FORM will go to the tow operator and two copies to the police officer for insertion in the case file. D. RELEASE OF VEHICLES All vehicles towed and impounded by the Farmington Police Department will be stored within one mile of the Farmington city limits . The officer on the scene, or a representative of the Farmington Police Department will contact the owner of the vehicle as soon as reasonably possible. Owners of impounded vehicles will be notified by mail of impoundment . Mail will be sent to the address listed on the Minnesota Crime Information computer print-out. Payment for and release of vehicle to owner, will be made at the Farmington Police Department as outlined in Section IV, sub. 6 of the towing contract. A release slip will be given to the owner or his/her designee after payment of tow and storage and proof of ownership of the vehicle. Owner or designee will present release slip to storage facility for release of vehicle. E. DAMAGES Owner claiming damages to his vehicle as a result of a tow, must notify the Farmington Police Department at the time of release of vehicle from storage facilities . A report of such damages will be made and a copy forwarded to the contract towing services . Copy of damage report will re- main with the case file. It will be the responsibility of the contract towing service and the owner of the towed vehicle to work out an agreement and settlement on the damages . The City of Farmington nor the Farmington Police Department are involved in any of these settlement matters . Complaints or problems with the contract towing services will be written out on a City Action Request Form and forwarded to the Chief of Police for action. AGENDA REQUEST FORM ITEM NO. /Oo._, NAME: Larry Thompson DEPARTMENT: Administration DATE: May 14, 1984 MEETING DATE:.. May 21, 1984 CATEGORY: Miscellaneous SUBJECT: Bridge Repair on Flagstaff - Update EXPLANATION: Self explanatory REFERENCE MATERIALS/RESPONSIBILITY: Update - Police Chief REFERRED TO: (NAME) DEPARTMENT: Stan Whittingham Police SIGNATOR Bane-1,20o, //� e, J//y�Q�� /, & 4'`� n Glenn R.Cook,P.E. /` jam( �ff,(rL�$ � Ate. 0. A.Gordon,P.E. Otto G.Bonestroo,P.E. Thomas E.Noyes,P.E. e0.4,4, ,, e� O Robert W.Rosene,P.E. Richard W.Foster,P.E. • *��' Joseph C.Anderlik,P.E. Robert G.Schunicht,P.E. .2335 W. 1 4.441..../36\.1 St Hari, /Hrrr.leta 55/13 Bradford A.Lemberg,P.E. Marvin L.Sorvala,P.E. Richard E.Turner,P.E. Donald C.Burgardt,P.E. James C.Olson,P.E. Jerry A.Bourdon,P.E. Nana:6f.2-636-4600 Mark A.Hanson,P.E. Ted K.Field,P.E. Michael T.Rautmann,P.E. Robert R.Pfefferie,P.E. Ma 7 1984 MAY 0 9 1984 David Loskota,P.E. y f Charles A.Erickson Leo M.Paweisky Harlan M.Olson City of Farmington 325 Oak Street Farmington, MN 55024 Attn: Mr. Larry Thompson Re: Our File No. 14101 Dear Larry, We have reviewed the replacement costs for Bridge L3271 and 3272 on Flagstaff Avenue between T.H. 50 and the south City Limits. The bridges can be replaced under the bridge bonding program with 100% of the construction cost to be State funded. The City would have to pay engineering costs, removal of existing structure, guard rail as necessary and any approach work. The estimated cost to replace the two bridges is $150,000 which would be funded from the Bridge Bonding program. The estimated cost for the City's share of the project for the two bridges is $30,000.00. The bridge replace- ment work is at least a year away if the City were to implement the project at the present time. The cost estimates are very preliminary and a more detailed cost estimate can be provided if the City desires to proceed with the project. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. --7 (1A....., te era,- Glenn R. Cook GRC:ii. 0712c • MEMO T0 : Mayor and Council THRU : Larry Thompson , City Administrator SUBJECT : Bridge Signs - Flagstaff Ave. DATE : May 17, 1984 Since the May 7, 1984 , council meeting , I have talked with the principal land owners along Flagstaff Ave. between 212th and 215th Streets . After explaining the situation to the owners and suggesting some ideas to them as to the usage of the road without it being closed, the following will be accomplished within the next two to three weeks. . In talking with the State and County Highway Departments , Traffic Safety Divisions , the city can regulate traffic on any street that meets certain requirements. The traffic conditions at the location of the bridges on Flagstaff Ave. on approximately 213th Street are below minimum width to regulate two-way traffic. The mimimum width for two-lane traffic at that point has to be sixteen feet. Because of this criteria the road can be posted and the bridges marked , one lane bridges , in accordance with standard safety practices. The signing and posting used to accomplish this task , would cost the City around $800. Because of the type of sign posts that would be used, farmers moving wide equipment across the bridge area could remove signs on one side of the road to move their pieces of equipment into the field road areas . This is accomplished by unlocking a lock and pulling the sign and post out of a post hole . After the equipment is moved over the bridges , the signs could be placed back in their post holes and resecured. Both the landowners and/or farmers using the road to move wide equipment favor the idea and are willing to cooperate with the police department to see that the signs are replaced after move- ment of the equipment and prevent damage to the signs . Respectfully submitted, Stan V. Whittingham Chief of Police SUW/mw , eagd oT.,4 -si auei a •uTS smosseN peon -6ptsg auel au0 °I.lea6ptsg Uq.noS rn r D U7 D �-1 "*t rn North Bridge • One Lane • Road Narrows Sing e ane Tr- fic Ahea. NORTH