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HomeMy WebLinkAbout12.18.95 Council Packet AGENDA COUNCIL MEETING REGULAR DECEMBER 18, 1995 7:00 P.M. 6:30 P.M. - Dedication Ceremony for Rambling River Park Kuchera Kiosk in the City Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda) a. Adopt Resolution Accepting Donation from Eagles Club for Senior Center Van 5. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 11/29 (Special) ; 12/4 (Regular) b. Approve 1996 Salary Increase - Non Union Employees PULL c. Approve Selection of Auditor - 1995 Financial Audit d. Approve Budget Adjustments e. Approve Municipal Services Rate Increases f. Approve Installation of No Parking Signs - St. Michael's Church Alley g. Approve Final Payment - Oak Street Project (94-1) h. Approve Payment #4 - Southeast Area Sanitary Sewer Project (93-15) i. Approve Payment #2 - Spruce Street Access Project (95-2) j . Approve Capital Outlay Request - Engineering Total Station and Equipment k. Approve Capital Outlay Request - Public Works Sewer Rodder 1. Approve Agreement for Yard Waste Compost Facility with SKB m. Adopt Ordinance Relating to Emergency Vehicle Pre-emption Traffic Signals n. Approve Submittal of Application for Rail Crossing Safety Program at Elm and Main Streets o. Approve Annual Certification of Mileage PULL p. Approve Final Payment - Automated Sideloading Solid Waste Vehicle PULL q. Approve Application for Conservation Partners Program r. Adopt Resolution Ordering Feasibility Study for Phase II and IV of the Industrial Park s. Approve Modification to the 1995 CDBG Fund t. Adopt Inducement Resolution for Use of Industrial Revenue Bonds - Lexington Standard u. Adopt Resolution Approving Joint Powers Agreement - 1996 Landfill Abatement v. Approve Animal Control Contract w. Approve School/Conference Request - Public Works - Annual City Engineers Association Meeting x. Approve Payment of the Bills • 6. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7:30 P.M. - Consider Petitions for Annexation - Schultz and Brekke b. 7:30 P.M. - Consider Amending Subdivision Ordinance Related to Tree Caliper c. 7:30 P.M. - Consider MUSA Expansion for Prairie Creek Third Addition 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Consider Request to Increase Housing Density in Dakota County Estates 9th PULL 8. ORDINANCES AND RESOLUTIONS a. Adopt Ordinance Amending City's Noise Control Ordinance PULL b. Adopt Ordinance Approving Telecommunications Permits 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. MISCELLANEOUS 12. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS 13. UPCOMING MEETINGS a. Set Date/Time in Early January for Workshop - Railroad Issues 14. ADD ON 15. EXECUTIVE SESSION a. Discuss Snow Plowing Policy 16. ADJOURN AGENDA REQUEST FORM Item No. 5c Name: Wayne Henneke Department: Finance , q ) Date: December 8, 1995 V' MeetingDate: December 18, 19 9 5 Category: Consent Subject: Approve Selection of Auditor for 1995 Financial Audit Explanation: Reference Material/Responsibility Wayne Henneke Referred To: (Name) Department Karen Finstuen Administration Wayne Henneke Finance 4e-'4/ W Signature Memo to: Mayor & Council Date December 8, 1995 Re Selection of Auditor - 1995 Financial Audit Malloy, Montague, Karnowski, Radosevich & Co. conducted the City's audit last year. Bill Lauer is the manager in charge of the Farmington audit. He has extensive knowledge of the City's books and procedures and knows where to find the records needed with minimum interruption of staff time. The audit is conducted quickly and professionally. During the year, he is called on as an advisor by the Finance Director when situations arise that are not clear. The Finance Department has a very good working relationship with the audit staff. The Governmental Accounting Standards Board and the State dictate what is to be contained in the annual financial statement. The format of the reports can be changed and additional information added if desired. It is not recommended to change the format of the report because the Finance Department uses the financial report to fill out various governmental surveys that request the information in various forms similar to the format used in the audit. The Finance Department has already requested additional information that has been added to the report. A pamphlet issued by the League of Minnesota Cities titled "The Auditing of Municipal Accounts" states". . .as long as the audit services being provided to a governmental unit are satisfactory in every respect, there should normally be no need to consider changing auditors. " If it is decided that a change in auditors is needed, the selection process should begin well in advance of the year to be audited, in summer or fall at the latest. To begin the selection process, it would be recommended that a selection committee be appointed by Council. The Committee would then establish a Request for Proposal to be sent out to various CPA firms. Their background is reviewed and the list is reduced to several firms which would be interviewed by Council. It is recommended by the Finance Department to authorize the firm of Malloy, Montague,Radosevich, & Company to conduct the 1995 audit and to accept the terms of the attached audit engagement letter. It is further recommended that if the Council determines a change of auditing firms is needed for future audits, a selection committee be appointed. Way LE%vti►ti 2,0.2 Wayne Henneke Finance Director c.c. Karen Finstuen, Acting City Administrator file MALLOY PRINCIPALS MONTAGUE ') `` RNORAWSKI KENNETHOMASM. ONTAG,CPA / RACOOSEVICH THOMAS MONTAGUE,CPA THOMAS A.KARNOWSKI,CPA PAULA.RADOSEVICH,CPA December 5, 1995 Ms. Karen Finstuen Acting City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 Dear Ms. Finstuen: We are pleased to confirm our understanding of the services we are to provide for the HRA of Farmington. We will audit the component unit financial statements of the HRA as of and for the year ended December 31, 1995. Our audit will be conducted in accordance with generally accepted auditing standards and Government Auditing Standards and will include tests of the accounting records of the HRA and other procedures we consider necessary to enable us to express an unqualified opinion that the component unit financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified,we will fully discuss the reasons with you in advance. In addition, we will perform the required State Legal Compliance Audit conducted in accordance with generally accepted auditing standards and the provisions of the Legal Compliance Audit Guide promulgated by the Legal Compliance Task Force pursuant to Minnesota Statutes Section 6.65, and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that for the items tested, the HRA has complied with the material terms and conditions of applicable legal provisions. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts and may include tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. c E FITI EIE. 410 PARK NATIONAL BANK BUILDING PU6LIc 5353 WAYZATA BOULEVARD ACCOUNTANTS MINNEAPOLIS,MINNESOTA 55416 TELEPHONE:612-545-0424 TELEFAX:612-545-0569 HRA of Farmington Page 2 December 5, 1995 An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the component unit financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions,there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies, the selection and application of accounting principles, and the safeguarding of assets. The assistance to be supplied by your personnel, including the preparation of schedules and analyses of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. If you intend to publish or otherwise reproduce the financial statements and make reference to our Firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. r HRA of Farmington Page 3 December 5, 1995 We appreciate the opportunity to be of service to the HRA and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. Kenneth W. Malloy, CPA Principal KWM:gsb Response: This letter correctly sets forth the understanding of the HRA of Farmington By: Title: Date: AGENDA REQUEST FORM Item No. 5e Name: Wayne Henneke cli.t1);(;))) Department: Finance \11)-4-3-'1 Date: December 8 , 1995 MeetingDate: December 18 , 1995 r7K Category: Consent V5O.Y1 Subject: Municipal Services Rate Increase Explanation: Reference Material/Responsibility Memo - Wayne Henneke Referred To: (Name) Department Karen Finstuen Administration Wayne Henneke Finance Tom Kaldunski Public Works Arvilla Neff Finance Lena Larson Public Works WayikuL 4V.44444,a_ Signature Memo to: Mayor& Council Date November 30, 1995 Re Municipal Services User Rate Increase The January 1, 1996 municipal services billing is due to go out . Any rate increases need to be provided to the Billing Clerk to be implemented in the January 1 bill. The City has established a 5 year C.I.P. that tracks the cash flow of various funds. According to the CIP, a 5%rate increase is needed in the Sewer Fundja 6% increase is needed in the Solid Waste Fund and a 2%increase is needed in the Storm Water Utility Fund. The Finance Committee heard a request from Public Works Director Kaldunski asking for$14,000 for a sewer cleaning program to help prevent sewer backups. The service would be contracted out annually and all sewers in the City will be televised and cleaned at least once every 7 years. The Committee recommended establishing a surcharge to the sewer bill to pay for the cleaning service. In 1996 the surcharge would be $1.40/quarter, therefore, raising the 1996 user rate to $63.40/quarter. Recommendation It is recommended to increase the rates in the Sewer Fund from$59.00 per quarter to $63.40 per quarter. It is also recommended to increase all of the rates in the Solid Waste Fund by 6%. This will increase the 30 gallon, 60 gallon, and 90 gallon container rates per quarter per 1 pickups/week to the following: Service 1995 1996 90 gallon $60.40 $64.00 60 gallon $50.90 $54.00 30 gallon $41.35 $44.00 It is further recommended to increase the Storm Water Utility Rate from$5.90/storm water unit to $6.00 per storm water unit. Wayne E. Henneke Finance Director c.c. 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Ni W W O O Ni D 0 0 01 CO 1 ) ' O O 0 oa V v O W D• 0 O O D • AGENDA REQUEST FORM Item No. 5 f Name: Tom Kaldunski Department: Public Works Date: December 8, 1995 QVIL/ Meeting Date: December 18 199 5 Category: Consent Subject: Approve Installation of No Parking Signs in Alley behind St. Michael ' s Church Explanation: Requested by St. Michael' s due to parking problems . Reference Material/Responsibility Memo - Tom Kaldunski h5 YJ Referred To: (Name) Department Karen Finstuen Administration Tom Kaldunski Public Works Jerry Bauer. Public Works Steve Hofer St. Michael ' s Church 470.404// Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: NO PARKING SIGNS IN ALLEY BY ST. MICHAEL'S CHURCH DATE: DECEMBER 12, 1995 I have received a request from St. Michael's Church for the installation of no parking signs in the alley. A map is attached. The church has identified problems associated with the parking of vehicles along the north side of the alley between 4th and 5th Streets. When these vehicles are parked in the alley, the vehicles backing out of the parking stalls on the south side do not have sufficient room to maneuver safely. It is my recommendation that the City Council authorize "No Parking in Alley" signs along the north side of the alley. It is proposed that the City purchase and install the signs. This is consistent with other no parking designations that the City has installed. Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Karen Finstuen Wayne Henneke Jerry Bauer Steve Hofer, St. Michael's Church TJK i _ • . I .„ ' 1S - 1q J i , 2L____ Q U u T\ � z II 1= v A lU W L W W 6 � v W VP:::____„_ LLJ 1— LJ - • V) ) (/) az vi Q J `� 3 . J Z Q '—' oma W ( cz IIce 0 zQ --in W ,--f 0 m U" J J N a� U a., .._ .... ,,,_A .. / \ i , , ' IS HI1b ei ________ _ 1 ( , ,7---% AGENDA REQUEST FORM Item No. 51 Name: Tom Kaldunski Department: Public Works Date: December 8 , 1995 MeetingDate: December 18, 1995 Category: Consent Subject: Approve Agreement for Yard Waste Compost Facility Explanation: Agreement with SKB to continue yard waste facility on Pilot Knob Road Reference Material/Responsibility Memo/Agreement - Tom Kaldunski ti Referred To: (Name) Department Karen Finstuen Administration Wayne Henneke Finance Tom Kaldunski Public Works • • Jim Bell Parks and Recreation Ren Klotz Public Works Lena Larson Public Works Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: JOINT POWERS AGREEMENT - YARD WASTE COMPOST FACILITY DATE: DECEMBER 8, 1995 Attached please find a joint powers agreement between the cities of Farmington, Lakeville, Apple Valley, Rosemount and S.K.B. Environmental, Inc. relating to the continuation of the yard waste composting facility on Pilot Knob Road. The contract commences on January 1, 1996 and terminates on December 31, 1998, unless both parties agree to an extension. The agreement requires no financial commitment from the cities. The City will be able to deliver 200 cubic yards of acceptable materials per year to the facility in a city vehicle. The City may receive, in a city vehicle, 60 cubic yards of finished compost per year at no cost. Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Karen Finstuen Wayne Henneke Lena Larson TJK CONTRACT BETWEEN THE CITIES OF LAKEVILLE, APPLE VALLEY,ROSEMOUNT AND FARMINGTON AND SKB ENVIRONMENTAL,INC. FOR OPERATION AND MAINTENANCE OF YARDWASTE FACILITY This Contract is made and entered into between the Cities of Lakeville,Apple Valley, Rosemount and Farmington,hereinafter"Client" and, SKB Environmental,Inc. 251 Starkey Street, St. Paul,Minnesota 55107,hereinafter"Vendor". WHEREAS,the State of Minnesota,through enactment of the Waste Management Act of 1980, as amended,has declared as stated policy the improvement of solid waste management through the separation and recovery of energy and materials from solid waste and through the reduction of indiscriminate reliance upon land disposal of solid waste; and WHEREAS,yardwaste may not be disposed of in mixed municipal solid waste,in a landfill, or in a resource recovery facility except for purposes of composting or co-composting; and WHEREAS,the Client, consistent with these policies, desired to ensure an alternative to the landfilling of Yardwaste and Brush pursuant to Dakota County's Solid Waste Master Plan; and WHEREAS,the Vendor offers to operate and maintain a site for the receiving, storage, transfer and processing of Acceptable Materials;and WHEREAS,the Client agrees to promote the delivery of Acceptable Materials to the Vendor, and the Vendor agrees to accept, store and compost or otherwise process Yardwaste, Brush, and Christmas Trees delivered to the Facility and the Vendor further agrees to market or 1 otherwise utilize or dispose of all the compost and chips produced at the Facility; and WHEREAS,the Vendor is a corporation duly organized under the laws of the State of Minnesota and registered to do business in the State of Minnesota; and WHEREAS, Vendor has the authority to execute this Contract as a binding legal obligation, fully enforceable in accordance with its terms and conditions. NOW,THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose. The purpose of this Contract is to define the rights and obligations of the parties with respect to the operation and maintenance of the yardwaste facility. 1.2 Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 1.3 Cooperation. The Client and Vendor shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Contract. The parties agree to, in good faith,undertake resolution of any disputes in an equitable timely manner. - 1.4 Term. The term of this contract shall commence, January 1, 1996, and terminate on December 31, 1998,unless both parties agree to an extension of this contract, or unless earlier terminated by law or according to the provisions herein. 2. DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended,the 2 words,terms and phrases stated below, when capitalized, shall have the following meaning: 2.1 Acceptable Materials. Yardwaste, Brush, Clean Soils, Pallets, Christmas Trees and the bags in which they are delivered, or other approved Acceptable Materials. "Brush" shall mean shrub and tree waste. "Christmas Trees" shall mean fresh-cut coniferous or evergreen trees or boughs, used for Yuletide decorations but not such trees or boughs which contain wire or other contamination. "Yardwaste" shall mean lawn cuttings, leaves, garden waste,weeds and sod strippings. "Clean soils" shall mean soils that consist of sand, clay or topsoil that are uncontaminated to be used for making soil amendments and high grade topsoil by mixing with compost. "Pallets" shall mean portable wood platforms on which material as cargo or freight, can be stored or moved which are free of paints, oils, acids or other contaminants. 2.2 Commercial Entity. Any person, or public or private entity, delivering Acceptable Materials to the Facility, other than an Individual delivering Acceptable Materials from his/her own residence. 2.3 Facility. The following site used for the receiving,storage,transfer or processing of Acceptable Materials. Lakeville Compost Site. The Client's yardwaste compost site located at 17750 Pilot Knob Road in Lakeville,Minnesota. 2.4 Finished Products. Compost,topsoil,wood chips and mulch in marketable condition. 2.5 Individual. Any person who delivers Acceptable Materials to the Facility from his/her own residence. 2.6 processing. Changing Acceptable Materials, as delivered to the Facility, into 3 useful products,through the natural process of composting, or the mechanical process of chipping, grinding or mixing and the preparation needed for these processes to occur. 2.7. Receiving Time. That time during which Acceptable Materials are received at a Facility. 2.8 Season. January 1 through December 31. 2.9 Tip Fee. A fee charge to Commercial Entities and Individuals for delivery of Acceptable Materials to the Facility. 2.10 Unacceptable Materials. All materials except Yardwaste, Brush, Christmas Trees, Clean Soils,Pallets, the bags in which acceptable materials are delivered , and other approved Acceptable Materials. 2.11 User. Commercial Entities or Individuals delivering Acceptable Materials to the Facility. 3. VENDOR'S RIGHTS AND OBLIGATIONS. 3.1 Capacity. The Vendor shall operate and maintain, in each season(January 1, 1996 through December 31, 1998)the Facility at a capacity sufficient to handle Acceptable • Materials generated by the Client's communities. Unprocessed pallets on site at any given time shall not exceed 1000 cubic yards. 3.2 Receiving. The Vendor shall accept Acceptable Materials generated in the Client's communities from Individuals and Commercial Entities,based upon policies which the Vendor shall set for the Facility. Such policies shall be submitted to the Client by February 1st of each year and ten(10) days prior to the effective date of any changes thereto. Such policies shall include: 4 * Types of material that may be accepted at the Facility; * Condition of Acceptable Materials when delivered; * Bagged vs. Debagged materials; * Parties who may deliver Acceptable Materials; * Fees charged to dispose of Acceptable Materials; * Prices charged for Finished Products; and * Acceptance of Christmas Trees. 3.3 Waste From Other Areas. Vendor may receive Acceptable Materials generated outside of Client's communities so long as sufficient capacity is retained for Acceptable Materials generated by the Client. 3.4 Tip Fees. Vendor shall charge a Tipping Fee to Users sufficient to cover costs of the Facility. Vendor shall submit a fee schedule to the Client by February 1st of each year and ten(10) days prior to the effective date of any changes thereto. Notwithstanding the above,the Cities may deliver without cost to the Cities,the following quantities per year of Acceptable Materials by making deliveries to the Facility in City vehicles: Lakeville - 320 cubic yards Rosemount - 200 cubic yards Farmington - 200 cubic yards Apple Valley - 320 cubic yards And the cities may receive, in city vehicle,without costs to the cities,the following quantities per year of finished compost: Lakeville - 100 cubic yards Rosemount - 60 cubic yards 5 Farmington - 60 cubic yards Apple Valley - 100 cubic yards 3.5 Receiving Time. Subject to applicable Client and municipal ordinances,the Vendor shall keep the Facility open for the receiving of Acceptable Materials for a minimum of 1200 hours per Season. Vendor shall submit a schedule for the Facility to the Client by February 1st of each year and ten(10)days prior to the effective date of any changes thereto. 3.6 Vendor's Rejection of Deliveries. The Vendor may reject Acceptable Materials delivered at hours other than the Receiving Time. A vehicle shall be denied entrance if the Vendor has reasonable basis to believe it contains any amount of Unacceptable Material. Upon request,the Vendor will provide the User and the Client with the documentation of the rejection and the reasons thereof. The Vendor shall be responsible to obtain landfill capacity and to properly dispose of Unacceptable Materials,which have been delivered and which the Vendor is unable to have removed at the expense of the Individual or Commercial Entity delivering it. The Vendor shall pay all costs for removing and properly disposing of Unacceptable Materials. 3.7 Processing. Vendor shall process all Acceptable Materials received at the Facility. Acceptable Materials shall be composted, except for Brush and Pallets which may be chipped or ground, and clean soils which may be mixed with finished compost to make top soil or soil amendments. 3.8 Finished Products. The Vendor shall develop a policy for distributing finished compost, soil amendments and woodchips. Vendor shall submit said policy and any changes thereto to the Client. 3.9 Closure of Facility. The Vendor shall not accept any Materials after February 6 15, 1998, at the Lakeville Compost Facility. During the period of February 16, 1998,through December 31, 1998, Vendor shall have exclusive access to the Facility for the purpose of processing on site materials, selling or otherwise distributing finished products and site clean up. 3.10 Clean-up of the Facility. All chips, finished compost,unprocessed Acceptable Materials and Unacceptable Materials present at the Lakeville Compost Facility shall be removed and the portion that has a gravel surface shall be graded to ensure proper drainage and any soil portion of the parcel disturbed by grading activities shall be seeded such that the re- established vegetation is sufficient to control erosion by the Vendor on or before December 31, 1998. 3.11 Cost of Removal. If the Vendor does not remove Materials and Finished Products as required under 3.10,the Client may remove them and charge the Vendor for its removal. 3.12 Labor and Equipment. The Vendor shall provide all labor, equipment, tools, supplies, and other materials necessary to operate the Facility. The Vendor shall maintain, repair and replace all equipment as necessary to ensure continued compliance with all requirements of law and other obligations as set out in this Agreement. 3.13 Roads. The Vendor shall be responsible for maintaining all roads within the boundaries of the site required for continued operation as contemplated by this Agreement. The Vendor shall be responsible for connecting such roads to the access roads or drives at the boundaries of the site. 3.14 Drainage. The Vendor shall provide and maintain an adequate storm and surface water drainage system during the period of operation. 7 3.15 Vendor's Information Systems. The Vendor shall establish and maintain an information system to provide storage and ready retrieval of Facility data. No later than twenty (20) days after the close of each calendar quarter,the Vendor shall provide the Client with a report for the previous quarter,presented in a form acceptable to the Client, including, but not limited to ,the following data on Yardwaste, Brush, Clean Soils, Pallets, and Christmas Trees received by the Facility. A. City/township of origin by weight or volume; B. The total weight or volume; C. Assessed Tipping Fees; D. The weight or volume of residues and Unacceptable Materials delivered to a sanitary landfill for disposal; E. The use of conversion factors,as described below,by materials; F. Quantity of Yardwaste, Christmas Trees,Clean Soils, Pallets and Brush not generated in Dakota County; G. Breakdown by weight or volume by individuals and commercial entities; and H. Other information which the Client may reasonably require. 3.16 Product Distribution Report. The Vendor shall report quarterly the volumes and the type of use intended by the end users. 3.17 Converting Volume to Weight. The Vendor shall establish a factor for converting cubic yards of Yardwaste and Brush received to tons of materials received. This conversion factor shall be based upon test weights for each material received. 3.18 Hazardous Waste. If any hazardous waste, as defined by any federal or state 8 law or regulation, is received at the facility,the Vendor shall within 24 hours notify the Minnesota Pollution Control Agency(M.P.C.A.)and the Client Coordinator. 3.19 Phone. The Vendor shall maintain a phone service to answer questions about its facility. An answering machine shall be used when no one is available to answer the phone. 3.20 M.P.C.A. Rules. Vendor shall comply with the M.P.C.A.rules attached hereto as "EXHIBIT 1," and any subsequent amendments to the Rules. 4. RIGHTS AND OBLIGATIONS OF THE CLIENT. 4.1 Commitment to Promote the Delivery of Acceptable Materials. The Client shall promote the delivery of Acceptable Materials to the Facility. The Client will meet and confer with the Vendor on publicity of the Yardwaste program. The Client,jointly with SKB Environmental,Inc. shall develop a program and materials for promoting the yardwaste management program and Facility. 4.2 Permit. Notwithstanding Section 5.2 of this Contract,the Client shall obtain the Minnesota Pollution Control Agency Permit by Rule and other land use or conditional use permits. 4.3 Site. The City of Apple Valley shall provide the site legally described on the attached "EXHIBIT 2" for the Lakeville Yardwaste Compost Facility. 4.4 Tours. At any time during the term of this Agreement and upon reasonable prior notice to the Vendor,the Client, its elected officials, employees, agents, representatives or guests, shall have the right to tour the Facility in order to observe and to permit others to observe the various services which the Vendor performs. The Vendor my take 9 reasonable precautions to protect proprietary equipment and processing procedures. Such scheduled tours shall be conducted in a manner so as to comply with the Vendor's safety standards and shall not interfere with the Vendor's ability to perform its obligations under this Agreement. Tours shall occur during regular operating hours,unless otherwise agreed to by both parties. 4.5 Inspection. The Client, its elected officials, employees, agents or representatives, and employees of the M.P.C.A. and Dakota County,may inspect the operation of the Facility at any time for the purpose of verifying compliance with the terms of this Agreement. The Vendor shall cooperate fully with the inspection. The Client, its elected officials, employees, agents or representatives shall have complete right and access to the Facility so long as it does not interfere with the normal operations of the Facility. 4.6 Lakeville,Apple Valley,Rosemount and Farmington("the Cities")acknowledge that they are individually and collectively "arranging for" and "generating" delivery of materials to the site and that they are "owners or possessors" of the property from and after the date of this Contract. The Cities further agree that should a determination be made by the M.P.C.A.,the Environmental Protection Agency(E.P.A.),their successors or assigns, or any governmental agency having jurisdiction over the site and the processes occurring thereon,that any one of the Cities is liable with respect to the activities performed under this Contract,that all of the Cities shall share: the costs of defense, including reasonable attorneys' fees; all damages, claims, awards,penalties and the like; clean-up costs,remediation costs and administrative costs or other similar costs in the proportions as follows: Apple Valley- 35%;Lakeville-35%; Farmington- 15% and Rosemount- 15%. 10 This Agreement and the associated allocation of costs hereunder do not release or waive the Cities' rights against prior owners,possessors or operators,nor waive or release any other persons, including Vendor, from any legal responsibility. 5. COMPLIANCE WITH LAWS/STANDARDS. 5.1 General. Vendor shall abide by all Federal, State or local laws, statutes, ordinances,rules and regulations now in effect or hereafter adopted pertaining to this Contract or to the Facility,programs and staff for which Vendor is responsible. This includes,but is not limited to all Standard Assurances,which are attached as Exhibit 3. 5.2 Licenses. Vendor shall procure, at its own expense, all licenses, permits or other rights required for the provision of services contemplated by this Contract including the Dakota County Yardwaste Compost Facility License. The Vendor shall inform the Client of any changes in the above within five(5)days of occurrence. 5.3 Violations. Any violation of Federal, state, or local laws, statutes, ordinances, rules, or regulations, as well as loss of any applicable license or certification by Vendor shall constitute a material breach of this Contract,whether or not intentional, and shall entitle the Client to terminate this Contract upon delivery of written notice of termination to Vendor. 5.4 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota,without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 6. INDEPENDENT CONTRACTOR STATUS. Vendor is to be and shall remain an independent contractor with respect to any and all 11 work performed under this Contract. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents,partners, joint ventures or associates between the parties hereto or as constituting Vendor as the employee of the Client for any purpose or in any manner whatsoever. Vendor acknowledges and agrees that Vendor is not entitled to receive any of the benefits received by Client employees and is not eligible for workers' or unemployment compensation benefits under the Client. Vendor also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise,will be made from the payments due Vendor and that it is Vendor's sole obligation to comply with the applicable provisions of all federal and state tax laws. 7. )LENT. Vendor shall pay the City of Apple Valley$900.00 per year rent for the Lakeville compost site. The first rental payment shall be due within ten(10)days after the effective date of this contract and shall be due annually thereafter on the anniversary date of the first payment. 8. INDEMNIFICATION AND INSURANCE. 8.1 Indemnification. The Vendor will indemnify, defend and save harmless the Client, its elected officials, employees, agents or representatives from any and all claims, damages, lawsuits, losses, liabilities,costs and expenses arising out of any act, omission or equipment failure on the part of the Vendor or its subcontractors, agents, servants or employees in the performance of any of the work or services to be performed or furnished by the Vendor under the terms of this Agreement. Such indemnity shall include,but not be limited to,property 12 damage,personal injury,bodily injury and death,punitive damages or any combination thereof. The Client shall indemnify, defend and save harmless the Vendor, its employees, agents or representatives from any and all claims, damages, lawsuits, losses, liabilities, costs and expenses arising out of any act or omission or commission of the Client, its elected officials, employees, agents or representatives in connection with work or services to be performed by the Client under the terms of this Agreement. 8.2 Insurance. In order to protect itself and to protect the Client under the indemnity provision set forth above,the Vendor shall, at Vendor's expense,procure and maintain policies of insurance during the term of this Agreement as set forth below. Such policies of insurance shall apply to the extent of,but as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by the Vendor. Each such policy of insurance and insurance certificate shall not be canceled, non-renewed or materially changed by the issuing insurance company,without at least thirty(30) days written notice of intent to cancel to the Client. Concurrent with execution of this Agreement and as necessary to show continuous coverage,the Vendor shall file acceptable certificates of insurance with the Client. All insurance shall state that the insurance broker through which this insurance was purchased has errors and omissions insurance. 8.3 Coverage. The policies of insurance to be obtained by the Vendor pursuant to this Article shall be purchased from a licensed carrier, shall name Client as an additional insured, and shall include the following: 13 A. Comprehensive General Liability, including Contractual. Occurrence-based single or combined limit comprehensive general liability insurance with the minimum limits of Two Hundred Thousand and No/100 Dollars($200,000)per person and Six Hundred Thousand and No/100 Dollars ($600,000)per occurrence. B. Automobile Liability. Automobile liability insurance if any vehicles are used in connection with this Agreement which shall include the following minimum coverages: (1) Bodily Injury and Property Damage: Two Hundred Fifty Thousand and No/100 Dollars ($250,000)per person and Five Hundred Thousand and No/100 Dollars($500,000)per occurrence. (2) Hired, owned and non-owned vehicles. C. Umbrella Liability. Umbrella Liability insurance in the minimum amount of$2,000,000. It is the responsibility of Contractor to maintain all underlying insurance in accordance with the terms of the Umbrella Liability policy. D. Worker's Compensation. The statutory minimum. 8.4 Failure to Provide Proof of Insurance. This Agreement will not be executed until proof of insurance consistent with the insurance requirements herein has been submitted to the Client. 8.5 Excessive Premiums. If the premium for any liability insurance more than triples from one year to the next during the term of this Agreement, the Vendor may terminate this Agreement effective upon cancellation of insurance coverage and ten(10) days notice. In the event Vendor gives notice to terminate under this paragraph,Vendor and Client agree to meet and confer on payment of Insurance premiums and continuation of this Agreement. 9. PERFORMANCE BOND. The Vendor shall furnish to the Client a bond in the amount of Twenty-Five Thousand 14 and No/100 Dollars ($25,000.00). If the Vendor fails to perform the obligations required by this Agreement, and the client is required to spend monies or labor or materials to remedy such nonperformance,the Vendor and sureties on the bond will indemnify and save the Client harmless from all losses, costs, and charges that may be incurred by the Client because of any failure by the Vendor to comply with the terms of this Agreement. The Client may approve and irrevocable letter of credit in lieu of a performance bond. Although the Vendor is required to have a bond or letter of credit in place for the entire term,bonds or letters of credit for shorter terms will be accepted provided they are replaced or renewed by the Vendor before they lapse. 10. SUBCONTRACTING. Parties shall not enter into any subcontract for the performance of this Contract nor assign any interest in this Contract without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. This limitation shall not apply to subcontracts so long as SKB Environmental,Inc. retains managerial control of the Facility. All parties shall be notified of subcontracts as soon as reasonably possible regardless of their dollar value or nature. Any agreement between Vendor and any subcontractor shall obligate the subcontractor to comply with the general terms of this Contract. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignees and their compliance with the Contract terms. 11. DEFAULT. 11.1 Force Majeure. No party shall be held responsible or subject to damages for delay or failure to perform when such delay or failure is due to any uncontrollable circumstance 15 unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure, including but not limited to: A. Riots, insurrections,war or civil disorder affecting performance of work, blockades, sabatoge, and acts of God(including tornadoes, lightning, earthquakes, fires, explosions and floods,but not including typical seasonal weather conditions for this geographic area). B. The adoption of or change in any federal, state or local laws,rules, regulations, ordinances,permits, or licenses or changes in the interpretation of such laws, rules,regulations, ordinances,permits,or licenses by a court or public agency asserting jurisdiction after the date of the execution of the Contract, except a change in federal, state or local tax law. C. The suspension,termination, interruption,denial or failure of renewal of any permit, license, consent, authorization or approval essential to the operation, management or maintenance of the Facility. D. Orders and/or judgments of any federal, state or local court, administrative agency or governmental entity. The Client and the Vendor agree to attempt to resolve quickly all matters related to uncontrollable circumstances and use all reasonable efforts to mitigate its effects. If a matter arising under this paragraph is unable to be resolved within sixty(60)days the non-defaulting party may terminate this Contract upon ten(10)days written notice. 11.2 Inability to Performs. Vendor shall make every reasonable effort to maintain staff, facilities, and equipment to provide the services to the Client as required by this Contract. Vendor shall immediately notify the Client in writing whenever it is unable to, or reasonably believes it is going to be unable to,provide the agreed upon quality and quantity or services. Upon such notification,the Client shall determine whether such inability requires a modification or cancellation of this Contract. 16 11.3 Default by Vendor. Unless cured or excused by the occurrence of Force Majeure or Client default, each of the following shall constitute default on the part of the Vendor: • The written admission by the Vendor that it is bankrupt; or the filing of an involuntary petition under the Federal Bankruptcy Act against the Vendor unless dismissed within ninety(90)days. The Notice of Default and cure provisions of this Contract do not apply to this paragraph. • The making of any arrangement with or for the benefit of Vendor's creditors involving an assignment to a trustee,receiver or similar fiduciary. The Notice of Default and cure provisions of this Contract do not apply to this paragraph. • Making material misrepresentations either in the attached exhibits and documents or in any other material provision or condition relied upon in the making of this Contract. 1 • A court or administrative body having competent jurisdiction fmds that the Vendor persistently disregards laws, ordinances,rules,regulations or orders of any public authority. • Failure to perform any other material provision of this contract. • 11.4 Default by the Client. Unless cured or excused by the occurrence of Force Majeure or default of the Vendor, each of the following shall constitute a default on the part of the Client: • Making known material misrepresentations either in the attached exhibits and documents or in any other provisions or conditions relied upon in making this Contract. • Failure to provide the site indicated in paragraph 4.3 or the equivalent. • Failure to perform any other material provision of this Contract. 11.5 Written Notice of Default. Unless a different procedure and/or effective date is 17 provided in the article or paragraph of this Contract under which the default, failure or breach occurs, no event shall constitute a default giving rise to the right to terminate unless and until written Notice of Default is given to the defaulting party, specifying the particular event, series of events or failure constituting the default and cure period. 11.6 Cure Period. If the party in default fails to cure the specified circumstances as described by the Notice of Default within twenty(20) days or such other time as may be specified under the terms of this Contract,then this Contract may be terminated. 12. TERMINATION. 12.1 Duties of Vendor upon Termination. Upon termination, except as otherwise requested,Vendor shall discontinue performance of this Contract. Within one(1)year of termination,Vendor shall remove all chips,Finished Products,unprocessed Acceptable Materials, Unacceptable Materials and the portion that has a gravel surface shall be graded to ensure proper drainage and any soil portion of the parcel disturbed by grading activities shall be seeded such that the re-established vegetation is sufficient to control erosion. 12.2 Duties of Client upon Termination. Upon termination, and except as otherwise provided, the Client shall not be liable for any services provided after termination, except as authorized by the Client in writing. 12.3 Effect of Termination. Termination of this Contract shall not discharge any liability,responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination, including, by way of illustration only and not limitation, Standard Assurances 18 attached hereto. 13. CONTRACT RIGHT/REMEDIES. 13.1 Rights Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 13.2 Waiver. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of the Client and Vendor. 14. DAMAGES. 14.1 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14.2 Cost of Defense. In the event the Vendor fails to operate the facility in compliance with all applicable local, state and federal laws,permits,rules and regulations,the Vendor shall reimburse the Client for any civil or criminal penalties or costs of defense incurred due to such violations. 15. REPRESENTATIVE. 15.1 Authorized Representative. The following named persons are designated the 19 Authorized Representative of parties for purposes of this Contract. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, as to the Client,the Authorized Representative shall have only the authority specifically or generally granted by the Client. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in modification of this Contract. TO VENDOR: Richard O'Gara SKB ENVIRONMENTAL,INC. 251 Starkey Street St. Paul, MN 55107 (612)224-6329 TO CLIENT: CITY OF APPLE VALLEY CITY OF LAKEVILLE 14200 Cedar Avenue 20195 Holyoke Avenue West Apple Valley,MN 55124 Lakeville, MN 55044 Attn: City Administrator Attn: City Administrator (612) 953-2578 (612) 985-4400 CITY OF FARMINGTON CITY OF ROSEMOUNT 321 Oak Street 2875 - 145th Street West Farmington, MN 55024 Rosemount,MN 55068 Attn: City Administrator Attn: City Administrator (612) 463-7111 (612) 423-4411 15.2 Coordinator. To assist the parties in the day-to-day performance of this Contract and to develop service, ensure compliance and provide ongoing consultation, a coordinator shall be designated by Vendor and the Client. The parties shall keep each other continually informed, in writing, of any change in the designated coordinator. At the time of execution of this 20 Contract,the following persons are designated coordinators: Vendor Coordinator: Doc St. Clair Phone Number: (612) 224-6329 Client Coordinator: John Hennen Phone Number: (612) 985-4430 16. CONFLICT OF INTEREST. Vendor agrees that it will not contract for or accept employment for the performance of any work or services with any individual,business,partnership,corporation, government, governmental unit, or any other organization that would create a conflict of interest in the performance of its obligations under this Contract. 17. MODIFICATIONS. Any alterations,variations,modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by Authorized Representatives of the Client and Vendor. 18. SEVERABILITY 18.1 The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void,invalid,or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 18.2 The parties further agree to substitute for the invalid portion a valid provision that most closely approximates the economic effect and intent of the invalid provision. 21 19. MERGER. 19.1 Final Agreement. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations,warranties, or stipulations, either oral or written,not herein contained. 19.2 Exhibits. Exhibit 1 - "M.P.C.A. Rules"; Exhibit 2 - "Legal description of Yardwaste Compost Facility Site"; Exhibit 3 - "Standard Assurances;" and are attached and incorporated herein by reference. IN WITNESS WHEREOF,the parties have executed this Contract on the date indicated below: CITY OF APPLE VALLEY CITY OF FARMINGTON By: By: WILLIS E. BRANNING,Mayor EUGENE "BABE" KUCHERA,Mayor By: By: MARY MUELLER, Clerk KAREN FINSTUEN,Acting Administrator CITY OF LAKEVILLE CITY OF ROSEMOUNT By: By: • DUANE R. ZAUN, Mayor EDWARD B. McMENOMY,Mayor 22 By: By: CHARLENE FRIEDGES, Clerk SUSAN M. WALSH, Clerk SKB ENVIRONMENTAL, INC. By: Its By: Its STATE OF MINNESOTA) ) ss.: COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1995, by WILLIS E. BRANNING and MARY MUELLER,respectively the Mayor and Clerk of the CITY OF APPLE VALLEY, a Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA) ) ss.: COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 1995,by EUGENE "BABE" KUCHERA and KAREN FINSTUEN the Mayor and Acting Administrator of THE CITY OF FARMINGTON, a Minnesota municipal corporation, on behalf of said corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 23 STATE OF MINNESOTA) ) ss.. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 1995, by DUANE R. ZAUN and CHARLENE FRIEDGES respectively the Mayor and Clerk of THE CITY OF LAKEVILLE, a Minnesota municipal corporation, on behalf of said corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA) ) ss.. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 1995,by EDWARD B. MCMENOMY and SUSAN M. WALSH respectively the Mayor and Clerk of THE CITY OF ROSEMOUNT, a Minnesota municipal corporation, on behalf of said corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA) ) ss.. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 1995,by and respectively the and of SKB ENVIRONMENTAL,INC. a Minnesota corporation, on behalf of said corporation. NOTARY PUBLIC 24 MINNESOTA POLLUTION CONTROL AGENCY RULES • 7035.2335 COMPOST FACILITIES. Subpart 1. Scope. The requirements of subparts 4 to 9 apply to the owners and operators of facilities used to compost solid waste, except as provided in part 7035.2525, subpart 2. The owner or operator of a yard waste compost facility must comply with subparts 2 and 3 only. Backyard compost facilities are exempt from this part. Snbp. 2 Notification. The owner or operator of a yard waste compost facility must notify the cornmi<<ioner by letter before beginning operation of the facility. The notification must include the facility location, the name of the contact person, the phone number of the contact person, the address of the contact person, the facility design capacity, the type of waste received, and the intended distribution of the finished product_ Snbp.3 Operation requirements for a yard waste compost facility. A. Odors =tined from the f1ity must not exceed the limits specified in pars 7005.0900 to 7005.1400. B. Cornpested yard waste offered for use must be produced by a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. The composted yard waste must contain no sharp object greater than one inch in diameter. C. By-producs, including residuals and recyclables, must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stared and removed at least weekly. D. Surface water drainage must be controlled to prevent Ieachate runoff. Surface water drainage must be diverted from the compost and storage areas. E.• The annual report required under part 7035 585 must be submitted to the commissioner and must include the type and quantity, by weight or volume, of yard waste received at the compost facility; the quantrty, by weight or volume, of compost p;oc'.:rced; the quantity, by weight or volume, of compost removed from the fa ility-, and a description or the end-product distribution and disposal system. . 3I: 1 EXHIBIT 2 LEGAL DESCRIPTION OF , YARDWASTE COMPOST FACILITY SITE SITE DESCRIPTION: A11' that part of the North one-half of the Southwest Quarter (N 1/2 of SW 1/4) of Sectior. Twelve ( 12) , Township Cne Hundred Fourteen North (114N) , Range Twenty West ( 20W) , described as follows : Assuming the North line of said Secticn 12 to have a bearing of South ninety decrees East ( S. 90'E) and the West line of said Section 12 to have a bearing of North zero degrees and fifty-six minutes East (N.C.-56 'E. ) ; thence beginning at a point which is one thousand five hundred seventy-four and three-tenths (1, 574.3 ' ) feet East and three thousand one hundred fifty-five and six-tenths ( 3 , 155 .6' ) feet South of the Northwest corner of said Section 12; thence - Easterly and parallel to the North line of the Southwest Quarter (SW 1/4) of said Section 12 a distance of one thousand sixty-five and seven-tenths (1 ,065 .7 ' ) feet , more cr less to the East line of said Southwest Quarter (SW 1/4) of said Section 12, thence Southerly along said East line to the Southeast corner cf the North one-half of said Southwest Quarter (N 1/2 cf SW 1/4) ; thence Westerly along the South line of said North one-half of said Southwest Quarter (N 1/2 of SW 1/4) to the Southwest corner thereof ; thence North alone the West line of said North one-half of said Southwest Quarter (N 1/2 of SW 1/4) thirty-three ( 33 ' ) feet, thence East and parallel to the South line -of said North 4 one-half of said Southwest Quarter (N 1/2 of SW 1/4) one thousand five. hundred seventy-four and three-tenths ( 1 , 574. 3 ' ) feet to a point due South of the point of beginning, thence North to the point of beci nn.:ng, all according to the Government Survey thereof-. INGRESS AND EGRESS EASEMENT DESCRIPTION: A permanent easement for ingress and egress over and across the following described property: Beginning at a point which is 1 .574.3 feet. East and 3 ,155 .6 fee- South of the Northwest corner of said Section Twelve 12 Townsh One Hundred Fourteen North (114N) Range Twenty West ( 2014) : thence Easterly and parallel with the North line of Southwest 1/4 of Section 12 a distance of 35 feet; thence 'Southerly and parallel with the west line of the Southwest 1/4 of Section 12 to the South line of the North 1/2 of the Southwest 1/4 of Section- 12; thence westerly along the South line of the North 1/2 of the Southwest 1/4 of Section 12 a distance of 1. 609.3 feet to the west line cf Section 12; thence North along the wes: line of Section 12 a distance of 33 feet ; thence Easterly and parallel with the South line of the North 1/2 of the Southwest 1/4 of Secticn 12, a distance of 1 ,574.3 feet; thence Nor hwwly to a point of beginning and there terminating. Subject to easements , restrictions , and reservations of record, if any. • ,•, IA ZTAioaa 1.....a ..a�S `d • ■C7■-OSSC'iSMSSATit7s. During the performance of this Contract, the Contractor shall not unlawfully 1. .▪ discriminate against any employee or applicant for employment because of race, color, creed, religion, sea, national origin, dicaDitit7, ave. marital status or public assistance status. The Contractor wilt tete and that cool are d during affirmative action' to ensure that applicants, are ..employed, employment, without unlawful discrimination because aeseistaneerstaLus.race, eSueh•aeCeon•shall lg _ineluoc, buLanotnbe origin, disability, ager marital status or public limited to the following: employment, uogradtna• demotion, or transfer; recruitment or recruitment or other forms of compensation; and selection for training, advertising; layoff or termination; rates of pay s: in conspicuous places, available to employees ant including apprenticeship. The Contractor agrees co Do applicants for ent, notices which set forth the previsions of this nondiscrimination clause. tor placed The Contractorfor:or wilt, in all epticitatior ns torsemoloymenL without regard :by or on behalfo• Contractor, state that all =stifled applicants race, creed, disability, marital status, or public assists=eoloi, religion, sex, national origin. statue. • so funds received under this Contract shall be used to provide religious or sectarian training e services. The Contractor shalt' comply with any sop[icab[e federal or state law regarding non-discrimination. 1' following list includes. but is not meant to limit, laws which may be applicable: The Swat Emolevment O000rtunity Ac: of 1072, as amended, 42 Y.S.C. 52000e et seq. which prohibit A. religion. or national origin. discrimination in employment because of race, color, and prohibit EseCNTive Order 11266, as sarcnaed, which is incorporated herein by reference, discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex : national origin.C. and 43 C.F. R. b:.3 (:) and 1.1.2. ,aehabilitation Set of 1073 as amended, 29 U.S. C. 5701 et seq. icotementing Sec. 504 of the Act which prohibits discrimination qualified handicapped persons in : access to or participation in federally-funded services or employment. and Minn. Stat. L131.3'., mai s venen' Ac of 1967, as smenced, 2. Tie Aee Oiscrtmina:ion in .mold generat:y orenibit discrimination because of age. -,e Scuat Pay Act of 1963, as amended, 529 U.S._. 5206, which provides that an emotayer may r discriminate on the basis of sex by paying employees of different sexes differently for the same wort. f, Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of race. col: -reed, religion, national origin, sex, marital status, sea:us with regard ;o public assistance, disabit or age. against any person by reason of race, creed. y-nn. Stat. ;1a1.59 which prohibits discrimination _ .- v. cicr in any state or political subdivision contract for materials,isu plies or these terms ion. be cause xis section is a misdemeanor and any second or suaseduet+t forfeiture of all welts clue under the Contract. received, maintained c:.all data collected, 2• DATA shallalbeCT, Forpurposes econsistent Cwi,:h the Minnesota Government Data Practices Ac:, Minn. S: e disseminated i oda, Chapter 13 and the Minnesota Rules imolementinq the Ac: now o:hesersLSLULeseand rules.adopted atAlt lsubconl as Lr% haws on ca:a privacy. The Contractor will strictly comply with shall contain the same or similar data practices cemolianee requirements-3. dorm�enLs, papers. se:oc+' RECORDS DISCLOSoeSfeS-TEn'Os• Contractor's bonds, records, proce=urea and. practices, and other evidences relevant to this Contract are subject :e the examine' armor County and either the Legislative or State Auditor, p euolica:ion,, transcription and audit by the the Comptroller Lenora[ e' Mind.. Stat. 51611.06, subd. 4. Such evidences are also subject to review;e used for any wort under United S:a:eS. or •a duly authorized representative, if federal funds Contract. The Contractor agrees to maintain such evidences for a period of three (3) years from :he services or payment were last provided or made or longer if any audit in progress requires a t: retention period. 4. :732[=2 1XEAt't SAF^ AIO T2AItt1YC. Contractor shall be solely responsible for the baa:•- of its employees in connection with :he wort performed under this Contract. safe:7perform rc arrangements to ensure the health and safety of ail suocantrac ersonnd of otherCerse nor who maymaybperformtac connection with this Contract. Contractor shall ea,sure dulll y licensed or certified appropriate to the when sop and xsst:h e: properly trained and suoervited and, with the 'Oc:`:pational Safety engaged in under this Con;rae:. Contractor shalt complywhere applicable.:he ':mdtoyee Right to Cnow Ae:', Minn. Stat. 51 2.65 et. seq.. EXHIBIT 3 AGENDA REQUEST FORM Item No. 5m Name: Tom Kaldunski • Department: Public Works Date: December 8, 1995 MeetingDate: December 18, 1995 Category: Consent Subject: Adopt Ordinance Relating to Emergency Vehicle Pre-emption of Traffic Signals Explanation: Reference Material/Responsibility Memo/Ordinance - Tom Kaldunski ti{ �.7 Referred To: (Name) Department Karen Finstuen Administration Tom Kaldunski Public Works Dan Siebenaler Police Ken Kuchera Fire Mike Palm Fire Kevin Raun ALF Ambulance 47ege: Signature 1 MEMO TO: MAYOR AND COUNCIL SUBJECT: ORDINANCE RELATING TO EMERGENCY VEHICLE PRE-EMPTION OF TRAFFIC SIGNALS DATE: DECEMBER 12, 1995 Attached you will find the proposed ordinance for the City of Farmington's traffic signal pre-emption system (TSPS). This system is currently being installed at Elm Street at T.H. 3 per the agreement with MnDOT. Dakota County will install similar systems on the projects being planned in 1996 (see attached letter). It is my recommendation that the City Council approve the attached ordinance establishing the City code for TSPS. Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Karen Finstuen, Interim City Administrator Dan Siebenaler, Farmington Police Chief Ken Kuchera, Farmington Fire Chief Kevin Raun, A.L.F. Don Gudmonson, Dakota County Sheriff TJK , , DAKOTA COUNTY DAVID COUNTY EYERDSEP E. (612)891-7100 o,t,k co HIGHWAY DEPARTMENT Fax(612)891-7127 Ni- 14955 GALAXIE AVENUE,3RD FLOOR APPLE VALLEY MINNESOTA 55124-8579 � \\‘E DL'4i,Z. A t, .114:: 4t/NN E gv� November 14, 1995 Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer City of Farmington 325 Oak Street Farmington, MN 55024 Re: Traffic Signal Emergency Pre-emption Dear Tom: This is in response to your letter dated November 7, 1995 requesting emergency vehicle preemption equipment on future traffic signal projects in Farmington. As we discussed on the telephone last week, we will include these provisions in the construction projects for the proposed signals on CSAH 31 at Upper 182nd Street and on CSAH 50 at CSAH 31 (Denmark Ave.). Emergency Vehicle Preemption (EVP) systems are funded by the City. The respective signal participation and maintenance agreements will include provisions for city funding. Please review the typical city ordinances as we discussed and have the city adopt a similar ordinance to regulate EVP systems within the City. The signal system on T.H. 3 at CSAH 74 is under the jurisdiction of Mn/DOT. Please work with MN/DOT to modify that signal system. Feel free to contact me further if you have any questions or concerns regarding this issue. Sin_ ,,,cerely, v /2.°1 -ter L. orenson Traffic Engineer cc: Tom Anton n:cjKldun2 Printed on recycled paper,20%post-consumer « AN EQUAL OPPORTUNITY EMPLOYER PROPOSED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE An Ordinance Amending Title 9 - Traffic - by Establishing Procedures for Use of a Traffic Signal Pre-Emption System for Emergency Vehicles THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 9 - Traffic - shall be amended by adding Chapter 2 - Traffic Signal Pre-emption System - as follows: Chapter 2 Traffic Signal Pre-emption System 9-2-1: Purpose. The purpose for using the Traffic Signal Pre-emption System (TSPS) is to allow emergency services in a safer and more timely manner by temporarily controlling motorized vehicle traffic flow at signalized intersections. The City Council deems it advisable to formulate policies and procedures for the use of the TSPS which are to be followed by drivers of all emergency vehicles equipped with TSPS emitters so that both pedestrians and drivers of motorized vehicles have adequate warning that emergency vehicles are changing normal traffic control timing at signalized intersections. 9-2-2: Definitions. As used in this ordinance, the following terms shall have the meanings ascribed to them: EMERGENCY VEHICLE: A vehicle equipped and identified according to law and operated by the Farmington Police and/or Fire Departments, and A.L.F. Ambulance or any other vehicle so designated by State Statute. TRAFFIC SIGNAL PRE-EMPTION SYSTEM: A traffic control system designed for use by emergency vehicles to improve traffic movement by temporarily controlling signalized intersections. The TSPS is comprised of four (4) separate components: an emitter, a detector, an indicator, and a phase selector. The emitter (a high intensity light source) is attached to the emergency vehicle and functions like a strobe light, pulsating at a frequency in excess of ten (10) beats per second. As an emergency vehicle approaches the intersection, this pulsating light is received by a detector that is located at or near the traffic signal. The detector relays the coded message to the phase selector, located in the traffic light control box, which then either holds the existing green light in favor of the approaching emergency vehicle or accelerates the normal cycle of a signal change to provide green by the time the vehicle reaches the intersection. The indicator is a light source located near the detector which is directed toward the oncoming emergency vehicle to indicate to the driver whether or not the traffic light has been pre-empted in their favor. EMERGENCY RESPONSE: A vehicle equipped and operating in accordance with Minnesota Statutes displaying a red/blue light and emitting an audible siren. 9-2-3: Conditions for Using the TSPS (A) Fire Department City owned Fire Department vehicles shall use the TSPS while on emergency responses only. Unless otherwise provided for herein, all other use by the Department is prohibited. Conditions for the use of TSPS hereby become a part of the Fire Department Standard Operating Procedures. (B) Police Department City owned Police Department vehicles shall use the TSPS while on emergency responses only. Unless otherwise provided for herein, all other use by the Department is prohibited. Conditions for the use of TSPS hereby become a part of the Police Department Standard Operating Procedures. (C) ALF Ambulance This service is provided through a joint powers agreement between the cities of Apple Valley, Lakeville and Farmington. ALF vehicles shall use the TSPS while on emergency responses only. Unless otherwise provided for herein, all other use by ALF is prohibited. Conditions for the use of TSPS hereby become a part of the ALF Standard Operating Procedures. (D) City or County Maintenance Personnel Minnesota Department of Transportation, Dakota County or City of Farmington maintenance personnel, or their contractors under written agreement, may activate the TSPS only when testing or repairing the system. Sirens and flashing red lights need not be used except when the test vehicle must exceed the posted speed limits. In such instances, said test must be pre-approved and coordinated through the Police Chief. (E) Emergency Vehicles not Owned or. Operated by the City of Farmington The use of TSPS within the City by non-city emergency vehicles is allowed if said emergency vehicle is one which is recognized by the city in which it is based. The participating organization or unit of government shall follow all procedures prescribed by the City in utilizing the TSPS. (F) Funeral Escorts TSPS shall not be used without emergency lights and sirens activated unless pre- approved by the Police Chief. Funeral escort services provided by the City's Police Department shall be an allowable use of the TSPS when pre-approved by the Police Chief. (G) Unless specifically approved herein, it shall be unlawful for any person to activate the TSPS in Farmington by any means whatsoever. This clause specifically prohibits the installation of TSPS emitters on any vehicle not identified in this Section. 9-5-4: Violations. Violation of this Section shall be a misdemeanor and shall be punishable as set forth by City Code. Each violation of this Section shall be considered a separate offense, punishable as indicated. SECTION II: After � signing ado tion and attestation, this ordinance P shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 18th day of December, 1995. AGENDA REQUEST FORM Item No. 5n Name: Tom Kaldunski Department: Public Works Date: December 8, 1995 MeetingDate: December 18, 19 95 Category: Consent Subject: Approve Submittal of Application for Rail Crossing Safety Barrier Arm Explanation: Reference Material/Responsibility Memo - Tom Kaldunski Referred To: (Name) Department Development Committee V€Z1 Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: GRANT APPLICATION FOR RAILROAD CROSSING AT ELM STREET DATE: DECEMBER . 14, 1995 Attached you will find a grant application that has been prepared for submittal to MnDOT. MnDOT has an annual grant program for rail crossing safety and hazard elimination safety. The application that has been prepared is for the rail crossing at Elm Street (CSAH 50) and the C.P. Rail. (See attached map. ) This crossing was significantly improved in the early 1990s by the installation of the rubberized crossing and signals. One main component that is missing is the safety arm which comes down when the signals are activated. This safety arm would ensure that traffic must stop when the signals are activated. It is my recommendation that the Council approve the submittal of this application to MnDOT. Thomas J. Kaldunski City Engineer cc: Department Heads Dave Everds, Dakota County Engineer Robert Swanson, MnDOT C.P. Rail System j � � y9 December 14 , 1995 Brian Vollum Metro Division - MnDOT 1500 W. County Road B-2 Roseville, MN 55113 Re: Application for Rail Crossing Safety Program Dear Mr. Vollum, The Farmington City Council has authorized me to submit an application for a MnDOT grant for improvements to the Elm Street (CSAH 50) rail road crossing of the C.P. Rail. This letter serves as the application for this project. The City is requesting the installation of barrier arms in the existing flashers. This crossing received many improvements in a safety program in the early 1990s at which time rubberized surfacing, pavement markings and flashers were installed. The barrier arms are needed to ensure that traffic must stop on the road when the signals are activated. This is becoming more critical as the traffic volume increases. The 1993 traffic volume was 7900 vpd. The volume has increased since the construction of the commercial buildings in the area. Projections indicate that the volume will double over the next 10 to 15 years. In 1995 , the City experienced a fatality at this site. Attached is a memo from the Farmington Police Chief noting this incident. Future fatalities might be avoided if the barrier arms are installed. Traffic has been seen crossing the railroad tracks when the lights are activated; barrier arms should eliminate this . Please note that the other signalized crossing on Spruce Street and Ash Street (CSAH 74) have barrier arms in place, and I believe consistency is important. City Fwii tixgfax 325 Oak Sheet • Famxixgfax. K{K 55024 • (612) 463-7111 CRI Enclosed you will find a topographical map of the Elm Street crossing. This GIS map is based on 1991 aerial photos . I have added new buildings which have been or are proposed to be constructed in the area. The safety sight triangles for this crossing are based upon stopped vehicles. Moving vehicles do not have adequate sight triangles. I have not included plans and profiles or typical sections because little construction is needed to install the arms. I would request that this work be done by C.P. Rail as soon as possible. Please contact me if you have questions . Sincerely, Thomas J. Kaldunski City Engineer cc: Department Heads Dave Everd.s, Dakota County Engineer Bob Swanson, MnDOT C.P. Rail MEMO TO: Tom Kaldunski SUBJECT: Elm Street Railroad Crossing DATE: December 13, 1995 Pursuant to your request, we have researched our records regarding accidents at this location. We find that there has been one train related accident at this location in recent history. (77/ Daniel M. Siebenaler Chief of Police DMS/m C:\JWK\RR ,... I .. I , ,„, , ..... __Ii = , 9 1,_ is] .. 0 .,....... __, r, ii--ii ,. 1 I 1ST STREET 1 0 Lo 1 m �i F. X60--,-1 -0 00 T . ` 2 V NI El Ill -531 — -A 2 c U -F-t4 Z Z n o-• D (— Z , _=Nu) 0 0 D 0 m N Z-4 -{ -71 I 1j.A o EMI I D . r :4111111111W0 ..../igallir ihk. Pr4;441 AleLi"i ° 1111 Al .� immo‘firati eri s n L ?ND STREET O --""01111r- o ( Viiirtilliallhb&-------- ---- t':;1 -rd°w-, P"'" c cn ' 'I ' �z m' I A � � _, _oc--) s,-› x 0, 1;11 3RD STREET " r-------------1 r-- r _. -- I__ IM-111111111111110 - I ■ dial I ■ �- N �- 1.... ::. ______ ___ .... .1 1 clf oA.l. ��r l 9i tV 1 J '. .' .^y ri0,% t v2.,ArN= Sr. t.• w... ST. �. m ' ESITAIEE � N5Q . u� C4'�S!. i1 t u • 141sT St. = N s = ¢192nd f ST• 1934 sr. 1gCt3 4\.5.A- •5 rgAiF►c vC)LUnnr5 ELra I 3 CT. —.2500 • ,`E + ' 840 (AVERAGE ANNUAL DAILY TRAFFIC) ,4 I VOLUMES PREPARED BY TRANSPORTATION RPIREARCH & DIVESTMENT MANAGEMENT DIVISION I NOTE: TRUNK HWY.& COUNTY SYSTFlf RDS.REFLECT � o. .. _ �Le 1992 TRAFFIC VOLUMES.AP z I 3NGT0N 00, ST.w• POP.5940 a` 214TH ST.w• 47 C. EAvE`' DO Esc Es $ I C, I TI ISN My MTTn il.—r– --r::' S:.I. / '' x12s l 1� r =i "►" 15CE yarn gsT. ,..1 -\____ W a g . > Li. LII.CEv p /PPE�O�c ► pen z 3 o I w:LLOv 10 Cr v°ct- 1 u y PlEI ST. 211TH S!. ST.w. i T. R47—. rt..'" o 1 1 Sr.l M IST. l rTf1( t1 1?00 cl r 211TH ST` w2 /?V lu S f• s co O N puNigl� NI N1 N1 NI sr.1 I li I o sr.iN valxE 4 I II I 'ws11t41T I I 650I I-.2. j]1 y /' ryry u • C� V F $T.- :WP LE 1 Sr. u . I l f ` MAPLE sT.�—Rte—RS—«C� o O $ E al s 1- u -/f y 9E_CN' , N .,F • a N T ; ST' C'. '^NICItKCRT ST. ���..J J �1 t el .; `Y I, — NIC KCRT SST. ICC ACTT PL. 4. II,v tE� •1 u �4 a' j \\\ \\\ \\\1 2?0'n 5T. \\ `\\\ \\\•5" \\\ 1\\ \\\ST \\\ / r 4 'Sr ..40 Q ,lt 0 5a i1 A7�s" U I '. I `9 12.wESTOEL R0. 1 f 1,SSC IS.•ESTv1Ew OR. �� II t5.: I 19.1 14.wESTVtEW CT. / IS.FA:RvtCI LA. V �� I,=a PARK p+!• 16.CENTENNIAL Ci. /tr LB IT.SLw+TSIDE OR. I , vtE,�1�C:R 19TH T. 18.CENTENNIAL OR. �I ►��,- T � 19.CENTENNIAL CIR. / 4i:7�Tl IGccr. LOWCNE4ITACE �' w+•' .... 22STH ST. 1. AGENDA REQUEST FORM Item No. 5v Name: Daniel M. Siebenaler P3/ ' Department: Police h `1/4./' • December 6, 1995 Date: \)--•\V Meeting Date: December 18, 1995 Consent Category: Subject: Animal Control Contract Explanation: Fill animal control contract vacated by Greg Goldsworthy Reference MateriaLResponsibi ty memo Referred To: (Name) Department Karen Finstuen Acting City Administrator Wayne Henneke Finance Director LLS=22) f 1 Siiature MEMO TO: Mayor and Council SUBJECT: Animal Control DATE: December 12, 1995 As you know, the City' s current animal control officer has submitted his resignation. Pursuant to Council authorization, the City advertised for animal control contract proposals . While we did receive several telephone inquiries, we received only one written proposal . That contract was submitted by 4-Paws Animal Control owned by Mr. Curtis- Finch. I have conducted a review of Mr. Finch• and his organization. I find 4-Paws to be a reputable service with facilities and equipment to meet our needs. I would also like to note that Mr. Finch provides animal control for several other communities including Burnsville and Dakota County. At this time, I recommend that the City of Farmington enter into a contractual agreement with 4-Paws Animal Control for a one year trial period. As always, if you have any comments or questions, feel free to contact me at your convenience. s Daniel M. Siebenaler Chief of Police DMS/m Attach: 4 Paws RFP •� e; 4 PAWS ANIMAL CONTROL SERVICES e� 4i BURNSVILLE ANIMAL CONTROL 520 Harold Drive Burnsville, MN 55337 Telephone: 894-9065 10/31/95 Proposal: for Providing Animal Control Service to the City of Farmington Submitted by: 4 Paws Animal Control OVERVIEW 4 Paws is a private company which contracts with local units of government to provide animal control services. On Dec. 17th, 1991, we were awarded a 3-year contract with the City of Burnsville. We were recently given a 5-year extension with Burnsville. In mid-March of 1995 our company was contacted by Dakota County and asked to fill in as their animal control service for a couple of weeks until they could replace their previous service. In early May the County asked if we would continue to provide animal control service indefinitely (based on our timely service and reasonable cost) . In June of 1995 our company was selected by the City of Savage to provide animal control service to that City beginning August 1st. We were chosen over the old contractor in the bidding even though our bid was slightly higher. BACKGROUND INFORMATION 4 PAWS Animal Control Services Curt Finch 520 Harold Dr. / Burnsville, MN. 55337/ 894-9065 Previous Animal Control Experience: *** 4 years private contractor with the City of Burnsville (Dec. 17, 1991 -present) *** 7 months private contractor with Dakota County (March 23 , 1995-present) *** 3 months private contractor with the City of Savage (August 1, 1995-present) ----10 years with City of Edina(1981-1992) ---- 3 years with City of Morris(part-time while attending college 1974-1977) ---- 2 years private contractor with City of Herman (part-time while attending college 1974-1975) Burnsville supervisor: Capt. Fred Rau/ 895-4600 Dakota County supervisor: Sgt. Peterson/ 438-4700 Savage supervisor: Jean Gramling/ Assistant City Manager/ 882-2660 Education: Graduated from University of Minnesota/Morris 1979 • • •• 4 PAWS ANIMAL CONTROL SERVICES 4. ••. ii BURNSVILLE ANIMAL CONTROL 520 Harold Drive 4� Burnsville,MN 55337 Telephone: 894-9065 GOALS AND PRIORITIES---- As an animal control company we have established several goals and priorities for the service we provide, including: -protecting the safety of the public; -providing quality care, handling, and treatment of all animals entrusted to us; -professional handling of animal problems, animal owners, complainants, and the public; -protecting public and private property from damage by animals; -providing a service which reflects positively on the image of the city and our company and promotes goodwill with the public; -providing a timely response to animal complaints. EQUIPMENT---- I am the first one to admit that catching a dog or cat is not all that difficult. Most animals joyfully run up to you and can't wait to go for a ride with you. But there are times when experience and the proper equipment make the difference between taking care of an ongoing situation and having it continue to be a problem for a neighborhood. As noted in the background section of this proposal we do have a great deal of experience and we also have all the neccesary equipment as well as the ability to use it. We have cages and kennels, traps, control poles, nets, animal stretchers, protective gloves, and more. We have vehicles set up to handle several animals at once and our vehicles are in good condition and well marked for public identification. We have a communications system which allows the public to contact us 24 hours a day and talk to a real person even when we are on the road.We have 3 cellular phones and if all of our dog lines should ever be busy we have a pager, call waiting and call forwarding. We are also equipped with police radios which keep us in constant contact and available for updates. In Burnsville we are on the main police channel and in Savage and Dakota County we are on car to car channels. ACCESSIBILITY AND RESPONSE TIMES---- The reason we have our communications equipment is to assure that we can always be reached by people with animal problems.We don't believe that people are satisfied with leaving a message. They want a human voice who can talk things through with them and assure them that they understand the problem and it will be taken care of. And they want their problem handled as quickly as possible. We have substantially improved response times in every area that we have taken over. Whenever possible we respond i% '• 4 PAWS ANIMAL CONTROL SERVICES 4. e� ei BURNSVILLE ANIMAL CONTROL 520 Harold Drive Burnsville, MN 55337 Telephone: 894-9065 immediately to calls. We can also send out an additional truck if our primary unit is busy with another call. We do prioritize our calls when several come in at once so that the most important calls are handled first(for instance a dog bite with the dog still at large in the area would be handled before a problem with a barking dog) . In most cases, however, there is usually plenty of time between calls. In August we handled 83 calls and viewed contacts in Burnsville, 35 contacts in Savage, and 6 calls in Dakota County. IMPOUNDS AND RETURNS TO OWNERS---- As a result of our quick response times we have been able to catch more animals and resolve more problems than the previous services which we replaced. The following impound numbers are for Burnsville for the years indicated: DOGS IMPOUNDED 1991 (Bob McCallister) 144 1992 4 PAWS 283 1993 4 PAWS 423 1994 4 PAWS 460 1995 4 PAWS(thru Oct 30) 385 We have also been able to return more dogs to their owners and collected more impound fees for the City: FINES COLLECTED 1990 (McCallister) 136 1991 (McCallister) 121 1992 4 PAWS 153(during 1992 we issued warnings only to 54 dogs with current license) 1993 4 PAWS 357 1994 4 PAWS 404 1995 4 PAWS (Oct. 30) 359 We work very hard to get pets back home because we know that most owners do miss their lost pet. But we also work hard to collect impound fees for the city to help offset the costs involved in providing animal control service. If we are unable to find a pets home after the required holding period we make every effort to place animals in new homes. In most cases we end up bringing our unclaimed animals to the Minnesota Valley Humane Society for possible adoption. We pay them to accept our animals and they have a very high placement record. We have also used Humane Societies in Afton and St. Paul. We have only had to put down 5 dogs in 4 years of service. These dogs were considered not adoptable because of bite histories or vicious behavior. We use various local veterinarians for this type of service as well as for injured animals. We will have animals stabilized at the vet until we locate an owner to authorize further treatment. Dead domestic animals are disposed of at the vet while dead wild animals are taken to a rendering plant in S. St. Paul. • e� 0; 4 PAWS ANIMAL CONTROL SERVICES i. ii BURNSVILLE ANIMAL CONTROL 520 Harold Drive Burnsville, MN 55337 Telephone: 894-9065 BOARDING FACILITY---- We are now using the Humane Society as our boarding facility. We hope to build a centrally located impound facility when it becomes economically feasible(when we add another city, we hope) . Until recently we had our impound facility at our home but we were limited to a maximum of 5 dogs by Burnsville residential kennel rules. As part of our service we have always delivered animals back home rather than requiring owners to come to us. There is no additional charge for this service. COSTS---- We are offering 2 options in our bid with the City of Farmington: Option#1- Response Charge: $35.00 Animal Pick-up: $10.00 Board: $10.00 per calendar day Euthanize: $35.00 Disposal: $35.00 Unclaimed/Adopt $35.00 Vet services for injured animals: $85.00 maximum Large Animal Pick-up and disposal: Actual costs Wild Animal Pick-up for Public Safety: $65.00 (i.e. a raccoon with distemper) Other Wild Animals and Livetraps for Wild Animals: User pays set rate Wild DOA Disposal if requested: $15.00/except deer: $35.00 Domestic Animal DOA Pick-up: $35.00 (dog and cat) Option#2- Monthly Retainer: $425.00 Animal Pick-up: $15.00 Board: $10.00 per calendar day Euthanize: $35.00 Disposal: $35.00 Unclaimed/Adopt $35.00 Vet services for injured animals: $85.00 maximum Large Animal Pick-up and disposal: Actual costs Wild Animal Pick-up for Public Safety: $65.00 (i.e. a raccoon with distemper) Other Wild Animals and Livetraps for Wild Animals: User pays set rate Wild DOA Disposal if requested: $15.00/except deer: $35.00 Domestic Animal DOA Pick-up: $35.00 (dog and cat) 4.° • 4 PAWS ANIMAL CONTROL SERVICES 4. e• ei _ AGENDA REQUEST FORM Item No. __XA0 Name: Charlie Tooker Department: Administration Date: October 27 , 1995 a'�e-cam i$, )CiQS- Meeting Date: 414, rembuL G7- 1995 Category: Public Hearings Subject: 7 : 30 P.M. - Consider Petitions for Annexation S-6161)-(_02k2_ Explanation: Several property owners in Empire Township bawl petitioned for annexation. Two petitions were received after the hearing notice was published (Schultz and Brekke) and may be considered at this hearing, provided there are no objections from anyone present. Reference Material/Responsibilty Charlie Tooker Referred To: (Name) Department Karen Finstuen Administration Charles Tooker Administration (10,444, /Igi Signature IN THE MATTER OF THE PETITION BY C , PROPERTY OWNER(s) FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota County Board of Commissioners 165 Metro Square 1590 West Highway 55 St. Paul, MN 55101 Hastings, MN 55033 TOWN BOARD OF E//')p; P.E TOWNSHIP By signature hereunder, petitioner(s) affirm that he/she (they) is (are) : the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space. 5Ec+ od 3 TO r1 /14 RArr61 lq E 8o Ft of CJ 74-0•55' T---t of 5 /C 3 ft o-f y+f aF /s) I THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) XLess than 40 acres More than 40 acres but less than 60 acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. Owned by the City of Farmington 2. Completely surrounded by land within the Farmington City limits. 3. Abutting the City of Farmington on the NO S W E (circle one) boundary 4. Not now served by public sewer facilities and public sewer facilities are not otherwise available. . y 5. After August 1,1 995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the Petition. . 7. 40 acres in size or less and at least sixty percent (60%) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to the petitioners and must be paid before the mailing goes out. DATED: l Tc • /0 , 199,67: SIGNATURE(s) OF PETITIONER(s) 97-aln:12-. 44.10,..o....e4-- . i . `i IN THE MATTER OF THE PETITION BY A& , PROPERTY OWNER(s) FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota County Board of Commissioners 165 Metro Square 1590 West Highway 55 St. Paul, MN 55101 Hastings, MN 55033 TOWN BOARD OF Arm. TOWNSHIP By signature hereunder, petitioner(s) affirm that he/she (they) is (are) : V/ the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town oft.4.e , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space. L eT D co/.et- oRy THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) Less than 40 acres More than 40 acres but less than 60 acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. Owned by the City of Farmington 2. Completely surrounded by land within the Farmington City limits. 3. V Abutting the City of Farmington on the N S E (circle one) boundary 4. V' Not now served by public sewer facilities and public sewer facilities are not otherwise available. • 5. After August 1,1 995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . ' 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the Petition. 7. 40 acres in size or less and at least sixty percent (60r) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to the petitioners and must be paid before the mailing goes out. DATED: f ._ _3 , 19 qc SIGNATURE(s) 0? PETITIONER(s) IN THE MATTER OF THE PETITION BY Frederick A. Severson Sarah L. Severson Charlotte S. Oliver Katharine S. Severson , PROPERTY OWNER(s) Edward C. Oliver FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota County Board of Commissioners 165 Metro Square 1590 West Highway 55 St. Paul, MN 55101 Hastings, MN 55033 TOWN BOARD OF Empire TOWNSHIP 3371 197th Street West Farmington, MN 55024 By signature hereunder, petitioner(s) affirm that Xi (they)XWOUare) : X the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space. THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) Less than 40 acres X More than 40 acres but less than 60 acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. Owned by the City of Farmington 2. Completely surrounded by land within the Farmington City limits. 3. X Abutting the City of Farmington on the N S W ED (circle one) boundary 4. Not now served by public sewer facilities and public sewer facilities are not otherwise available. 5. After August 1, 1995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the Petition. 7. 40 acres in size or less and at least sixty percent (601) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to the petitioners and must be paid before the mailing goes out. DATED: 19 SIGNATURE(s) OF PETITIONER(s) e)e1 IN THE MATTER OF THE PETITION BY 7J(,a.8e9 av\IU 0(.&€Y , PROPERTY OWNER(s) FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota County Board of Commissioners 165 Metro Square 1590 West Highway 55 St. Paul, MN 55101 Hastings, MN 55033 TOWN BOARD OF.MyiP G TOWNSHIP By signature hereunder, petitioner(s) affirm that he/she (they) is (are) : Xthe sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space. THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) 1�� '\ Less than 40 acres More than 40 acres but less than 60 acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. J[ ' Owned by the City of Farmington 2. k Completely surrounded by land within the Farmington City limits. 3. Abutting the City of Farmington on the NSWE (circle one) boundary 4. Not now served by public sewer facilities and public sewer facilities are not otherwise available. 5. After August 1,1 995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the Petition. 7. 40 acres in size or less and at least sixty percent (604) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to the petitioners and must be paid before the mailing goes out. DATED: /0 - , 19 (� SIGNATURE(s) OF PETITIONER(s) IN THE MATTER OF THE PETITION BY ileRp44A1 6. O c.5 oi.J , PROPERTY OWNER(s) FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota County Board of Commissioners 165 Metro Square 1590 West Highway 55 St. Paul, MN 55101 Hastings, MN 55033 TOWN BOARD OF EMPI1FAF - TOWNSHIP By signature hereunder, petitioner(s) affirm that he/she (they) is (are) : the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space. S 32 T t I4 R. 161 c '70' of" 5 113, IOW 4- • THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) kLess than 40 acres More than 40 acres but less than 60 'acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. Owned by the City of Farmington 2. Completely surrounded by land within the Farmington City limits. 3. Abutting the City of Farmington on the® S W E (circle one) boundary 4. Not now served by public sewer facilities and public sewer facilities are not otherwise available. 5. After August 1,1 995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the Petition. 7. 40 acres in size or less and at least sixty percent (604) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at Ieast 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to the petitioners and must be paid before the mailing goes out. DATED: / /c2 ' , 19 95` • SIGNATURE(s) OF PETITIONER(s) • • IN THE MATTER OF THE PETITION BY GPra1d Ristow , PROPERTY OWNER(s) FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota County Board of Commissioners 165 Metro Square 1590 West Highway 55 St. Paul, MN 55101 Hastings, MN 55033 • TOWN BOARD OF Empire TOWNSHIP By signature hereunder, petitioner(s) affirm that he/she (they) is (are) : X the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or • a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Empire , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal 1 description if it is too long for inclusion in this space. THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) • X Less than 40 acres More than 40 acres but less than 60 acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. Owned by the City of Farmington 2. Completely surrounded by land within the Farmington City limits. 3. X Abutting the City of Farmington on theG) S © E (circle one) boundary 4. X Not now served by public sewer facilities and public sewer facilities are not otherwise available. 5. After August 1,1 995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and , all property owners join in the Petition. 7. 40 acres in size or less and at least sixty percent (60%) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to-the petitioners and must be paid before the mailing goes out. DATED: / 19 fjr SIGNATURE(s) OF PETITIONER(s) • • IN THE.MATTER OF THE Pi r mON BY • Grace M. Seed, John C. Seed, and James M. Seed as trustees of the marital trust created under that . certain agreement dated March 23, 1979, as r amended, with Fred N. Seed as donor. , Property Owner(s) FOR ANNEXATION OF LAND TO THE CITY OF FAILMLNGTON PURSUANT TO NECNN'ESOTA STATLITES §414.01 ET. SEQ, TO: The City Council of the City of F a=.ing:on; Minnesota; COPIEST0: Minnesota Municipal• ' Board Dacca County Board 165 Metro Square B ilcing St. Paul, Minnesota :5101 liaStings, Minnesota Town Board of Empire Township BY SIGNATURE TL RELNDER, PETITIONER(S) iii i t l='S (THEY) c1. . IS(._RE): X the sole property ewner(s); or all of the property owners; cr a majority of the property cwzra; Or HE AREA PROPOSED FOR ANNEXATION. IT IS I-IEREBY REQUESTED TEAT THE CITY OF FARMINGTON ANNEX TF-' E PROPERTY 11E.RET DESCRIBED AND NOW LOCATED IN Enci re Towrlshin , DAKOTA COUNT MINNESOTA (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attacIments contating the legal descripti^.a if it is too Bon for inclusion in this space.) (see attachment) F Petition for Annexation (Page 2) THE AREA OF THE PROPERTY PROPOSED FOR AN EXTION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) Less than 40 acres. X Less than 60 acres, but more than 40 acres. Less than 200 acres. More than 200 acres. AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE TI-tE PROPERTY IS (CHECK AS APPROPRIATE); 1. Owned by the City of Farmington. ?. Completely surrounded by land within the Farmington City Limits. 3. X Abutting the City of Farrington on the N S WCE(circle one) boundary; 4, Not now served by public sewer facilities and public sewer facilities are no: otherwise available; 5, After August 1, 1995, it has been approved by preliminary or final plat in: residential development lots averaging 21,78C square feet or less in area an. is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition). 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all Property owners join in the Petition. 7. 40 acres in size or less and at least 60 percent of the property boundary abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. 7 X0259.1 • • Petition for Annexation (Page 3) NOTE: BEFORE YOUR PROPERTY CAN BE ANNEXED, MINNESOTA LAW REQUIRES THAT A PUBLIC HEARING BE HELD PRECEDED BY AT LEAST 30 DAYS WR?."11 EN NOTICE BY CERTIFIED MAIL TO THE TOWN OR TOWNS IN WHICH THE PROPERTY IS LOCATED AND TO ALL LAD-DOWNERS WAY AND CONTIGUOUS TO THE AREA PROPOSED FOR ANNEXATION. THE COSTS INCURRED BY THE CITY LSV IDENTIFYING T'rE.E PERSONS TO WHOM THIS NOTICE IS TO BE MAILED AND THE MAILING ITSELF WILL BE CHARGED TO THE PETITIONERS AND MUST BE PAID BEFORE THE MAILING GOES OUT. . DATED: Petitioner(s) Name(sj (Please Print) Petiti• . - s Sign, . re and Address(es): Grace M. Seed 1235 Yale P1 #1702 ;' ace M. Seed Minneapolis MN 55403 4111,MIF II_John C. Seed 29 Fair Oaks .o% C. Seed St. Louis MO 63124 James M. Seed . -ArVIA The Astra Ventures, Inc.. James M. Seed One Citizens Plaza PLuGidenee hl 0290.-1.344 rnv LIVR DUatowQtCl JaIC6y/ 10C ULT. 17 , 7J 1V • 1L ;VU .VVO r .VL/V4 • IS3,-,17.6:4' 1p. 031995 17; S9 FROM EGINR REALTY TO :19i0902 P.04 • err Tia MATDBR or Tim FSTITION By r cc,:sipf 7't— e - 7.1y41 e- iC{• 10;5F.C..ta0 f12s) 4 P. / PROPSRDY ONNNR(8) FOR ANNIXATION OF LAND TO THZ CITY OF FARMINGTON FIIRSCANT TO 1f2NNXSOTA STATUTXS NO. 414.01 ST. SW. • TOt T2Lt CITY COUNCIL OF THS CITY OF FARMINGTON/ MINNESOTA Cosies to: minneaoca Municipal Beard D ifs Metre Square590ta aouniy wy i of CgRui{nionery yau= 2590 ileal highway Sr mm GS20i /Listings, VI 51,gj3 TOWN BOARD OP E�c('P/k.c. TOWNSHIP ' • ay signature hereunder, petitioner(s) a[lirr that be/sb. (they) is tare): Y SPR._st?s:},'it-n✓1E the sole property owner(s) of the area props ed for annexation; or alt of the prop.rty owners of the area proposed 20r 4naexation, or a majority of the re � — p perty owners of the area proposed for annexation. it is hereby requested that the City of Farmington annex the in the Town of �R property bereLoleg ldescribed and now located property, Dakota County, MicuzesOta;. (provide the legal description of the y y, parcels of property of area proposed for annexation; provide attal:I:menu, containing the legal description if it i.e too long for inclusion in this apace. %eta Ike- E, f' s Hc�rfrv4)rtl �K i /'li�•r sFc.A Ax-- 3a—• T, y T!.. /4 �" TILE ARIA Or ram rtornaTY reoroSmb •OR ismSZATiON: • (Nota: The size et the property will aecscszine the manner and timing elf the proem roc considering this Petition.) _le,' Less than 40 acres More than 40 +Cres but 1r uY than 64 accde Less than 200 acres �w More than, 200 acres AS TO RHE PROPERTY PROPOSED FOR ANNEXATION. ANIMATION 23 SOUCAT afCAnst T2& FIOF XTy IS: 1. , On::id by the City of Farmington 2. Completely surrounded by Iaud within the Farmington City limits. 3. Abutting the City of Farmington on the N S W Y �L/ (uirG2w bi1n) bu4Aducy • 4. .iNot now served by public sewer facilities and publ a sewer facili•tiea are not otherwis available. G�.ary ,3 �u� cJ,t7�i, - r�� 'PRrs7r.se7y,. 1uN uIVt% nuaL.uwaL.�i amu • .y• --- 463E:363 r :a•>v;: P.03 ""'1' 1295 171.}$ PkJM ECINA F.EALT' 5. After Aosust 1,1 94$, it has been approved by prelivaindzy of final plat for residential development lots eversyiag 21,780 square Leet or leea iu area and is land within two miles of the boundary uE the City of rarmic9ton (applicable only if allproperty owners join the Petition) . • 6 Not abutting the City of Farmington, but is within an existing orunrly anneXACion area aAd all property owners join in the Petition. 7. 40 across in Sia, or less and at leas: sixty percent (60%) of the i•roperty abuts the City of Farto-ngt..?n. S. The property is not located within as area presently under consideration by the City of Farmington or the muAicipel board for a boundary adjustment. None aerore your property can be str+exed, Prinbesoca taw tegusres that a public hearing) be held pr.Oadcd by cc 1e.ot Jo days wrleeea notice by certified stall to the Town or Towns to which she property is located and to all landowners within and eoariIuous Co Care area proposed For annexation. The costs incurred by the City In larricrtying the peiavas to wlzco this notice ¢s to be mailed and the mailing Ilse itself will be charged co the `, .,7n.�.��for • olrr:n- Dom: J :i. SICRAttl7cr(.) Or PECZTtomaa(e) -� i' am— .�,.. ...... ._._ IN THE MATTER OF THE PETITION BY (:)1,A,Afc; ( -Livt..Q.../( L-/4. , PROPERTY OWNER(s) FOR ANNEXATION OF LAND TO THE CITY OF FARMINGTON PURSUANT TO MINNESOTA STATUTES NO. 414.01 ET. SEQ. TO: THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Copies to: Minnesota Municipal Board Dakota'County Board of Commissioners 165 Metro Square 1590 West Highway 55 $ St. Paul, MN 55101 Ha ings, MN 55033 TOWN BOARD OF TOWNSHIP By signature hereunder, petitioner(s) affirm that he/she (they) is (are) : the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town ofM P/2'e , Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space. THE AREA OF THE PROPERTY PROPOSED FOR ANNEXATION: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) Less than 40 acres More than 40 acres but less than 60 acres Less than 200 acres More than 200 acres AS TO THE PROPERTY PROPOSED FOR ANNEXATION, ANNEXATION IS SOUGHT BECAUSE THE PROPERTY IS: 1. Owned by the City of Farmington 2. Completely surrounded by land within the Farmington City limits. 3. Abutting the City of Farmington on the N 0.W E (circle one) boundary 4. _ . Not now served by public sewer facilities and public sewer facilities are not otherwise available. 5. After August 1,1 995, it has been approved by preliminary or final plat for residential development lots averaging 21,780 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the Petition) . 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the Petition. 7. 40 acres in size or less and at least sixty percent (60%) of the property abuts the City of Farmington. 8. The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for a boundary adjustment. Note: Before your property can be annexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to all landowners within and contiguous to the area proposed for annexation. The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to the et itioners and must bepaid 9 p before the mailing goes out. DATED: (7.4 /-S, , 19 737 SIONATURE(s) OF PETITIONER(s) • 924/17 e fr....J?' MuL, r, APT • - 5,i. • # IN THS MATTERsOF THE PETITION SY F ,; ' DEVERE G & JOYCE l 'yfIfl "`' ter. � a , w. .,.° ' '''' .*:---4".;PROPERTY OWNER(s) r �; 9 q4--"+v: ,[ ur, f,� i s r' ' ..;:;-;*.-;;!..,!..-:',1"'.1.'.. :-, -,,,, tau • FOR ANNEXAITION.OFi=LANIII'�lYd. .x 't s ` Z. r, Of I+�ARMINC�TON PURSUANT '1'O MINN88otilifitkft1rfzilNO4 4114 sOI iETs SEQ '' ,,,,L.,;; , - 304 Is. t TO THS CITY COUNCIL O1 THS,CITY O21 ?ARMINa'hOlf/4 IIN77477., NSSOTA # w5 r -7Y'1y }� a ?"ti n ..2,4 # .ra 7•zs '^ a f , d 4. t t -. :h t�`i r `d4'^'x.v1 v x4 rEe 1 i,-j h ::-..-,v0-4,1----,'-'.= Sr• , -- r -•� 1..:.,..-',.....1..- • - M it a t .+ � ':,.'tem �l P' . „.:L r « +:; t Copies to Minnesota"Municipal Board a ��alco Cdutit $od'td 'of4'Commisaioners ;K 1 " :i6s Metro Squat.- *- ��� �i9P fait Highways S5 x # t y t1{ t r , St Paul IKt% i 9 + 5lO}i x°i �, . 'f..taie i .M.1 '.ai ,� { ,$ ; `i: ti v` �d . tiAltb i '�.h# aiS ^�Fi iti4 . 1Y7np�41714 5 '.;•4P't .14 -•'1 1 '� "a' 'f Tf f}� kt 9 - } r•, }- 4,i Pit' - d. . ":�'• "' `}'4 . '#"1'K'�:4 5 rf s� r 5 t - Vis" �.,' a .r1 L+�;w `,,, °r`-'� : .''�• 'a'±1yc* '' ^-- ter yg:r a ix Q t+w...•r aw:, ./ A• } ^' $ r f k r t c 3 k �y; x 9.w " „Z .i?'-s1,:,t,::: �r� -a„1,4,;.,,7v- = ' tilt."� p '� 7‘7,7!,,,,,,..2,,,,,',..S4-&t ad F f,il#K,+ 4' A. .Vl ' •.tr :•1':2;t: Y' r ffa ;-e.j4.`.!` p L :•',-f--1--,;;'''.1.7:•'.:7'.:7,'-',••''',4.4.;, = ',7.±... 7 "Y;;-,-3,4;',:---';1'.41r7:::-..1'7.",- � ' ..i.-,,,-_,-,,,,;,, -,,,:_ . -_-.. „ :, iliGjy ,Zr*'L.,k� �rleLG i`s:Lxr$-n11�'MG{v+i:. 4MN�. ry''a-'� ,,y�= s • �! ,.r L:.. .�,',x t ;r1t,,t,_,,_::.____,,,,,,_;_ livvt,944,10,-,..!,-v-?-iti. ,,-,A-7,4.,,, ,,,:.1''-4 ay aigaature hereunder, 'p' ''''�tirca).a filist-thatFho/alaiZtthey) is'fi=rs)i'` s.,-` ' f k f} f' 1, p -i t„;'' t:'t&�nri�+a:1�� w � {4 4 ` `1 ..0—k !''x7:5,. --,.,:2,r4.,_,.,,:- t= i,z?'� '{'s ` �1 the sole property bwne;(ai,�otItha' fen osRa fob tn',�n'sxatiod, or ,..,.-..r-..,,, 1s` ,. }.all of the propErty owners of the areaptoposl�,loP�asutexation,f or a majority of the property bwnetsA.,' eas`ea rbj3Fssed forandexation.. . '` ' ',a.f s1'4' - s..el- tru :N.;# • a ; s fir. _:`: n.,;,:,.„::_i::;:,;.i,.!..,,,i...;;:::-.r-..:. 'tt is hereby requested that the,City"oE',Farm.tflgtoa annex the property► herein described and now located :•-iii the`Town'of Entire Tow .sla:RDakota Coliiity; Mi>uiesotdiz` (Psovide the legal description of-the =_ ' property, parcels_,of property of arca proposed tor',,ann�ixation' tovide attachments containing `the legal ,. ,"description if it is too,long for itfclusion & fih ylpi�ce '.' j s* ' x ,.41,11-1;,4f:4•",�5 4 . , y y ,, x� x �,,c ti s ri •e4 Et 3 •, t F v -x .fi .;. ':) f F M1 s j^ '�y'.. -esu ,,',,,,(:.;.;4.-..-.., a.: . •' r `'fir t •x? '.,,.v P 3 .-- THS ARSB. OF" -•PROPERTY PROPOSED POR``ANNSXATted 4* . ,` ` r a: 1 (Note: The size of the property will detefiniirte Atha�EaannetYand tieing of the s process for considering H this Petitiot ,-4,,a.10,,143,' # , y ..t. s S ;?........::.,„_4,,,,,...f.,., j Less than 40 acres § Morerthan 4d acres bur^ fess than 60 acres 3 ;; *�W ;�is s t3 > ' ,,,i,,,,..,.......,,,-,„:,-,::,:;--1".?:,:....„.;,,..-.;,; Less than 200 acres ,More thari00 acres '� r :' t -, +; w f t --� f 5 • k. As TO THS $ROPSRTY PROPOSED F011 ANNAxAf20N1`'114111TI& Yts 110ttan BSC.AUSN TBS PROPS1fTif Is: ,••::",,f.-71,',4'.':-j` 1 , ..r • 7a L X1 o R: ? ', a{,r:� w -., i , z t L t „.„..',:,,,;4',:::.' tis • -.;,-:-'t;` r+.e37 +i7'# „ ,.i baa Y-; \`y` . w 4.:y �I. •P ..,--,...:-.,-.,,,17,'''''''''''.7-i'''''1‘..r::ii. i Owned by the City,df Farman ton Ate` Y t"k�[esy=` r t 4 •1::•:'1,i' s LY 1 Y£ -i!'''''.',.. 7 ` _,.zi: '•'-1 I^[ "`x : '"F[ fin'.} Kr"SSax ~e;'rt' 'j' tt�v :,.1...0....„,„41.4,,,,,..,,,,,, l�.. " ° :` t :, • 2 Completely surrounded.by land Within the Fafiaington' '''..761ty limits 'y : ,, ti � ' ,,-' <.... ::.:.,� �, x� '`'6a'#3i 6 ' -.i'tdtrt'cr4 : f v `,3, a*i�'-`s, �S+_.•.r s#v.:. •{Q ,a 3 , Abutting the City eSf'Farmington .6iirthl�•"3J ,,3k Tp (e�it�cld one) boundary ,- 'fid tc 'gt �+ + y� �, �1a t l, �. .t f'., '.''" ,:+.: t. ,, ,4 s Not now served by public sever"ft kits i- 1,,, pubi y iidiief laciiittel:ere not`.otherwiIl4 5 available. ,-!.;; ;'...',,t,'1,-,1,-,-;..-`11.,-yf r'e -kCs','i�< �y *'•. i' r`..*"'S' p � s}L T}4- .tib• ✓ ;y ,R si' } ..-: }r 7 i"; r S . .. . • , .. _. - t..,r ' .. ......„. . , . . ._ ... . ... .. s.. 7•; ••:-- ... •• •'•":,....f • •• - • , •,-.5:`,••,'„:,',. .,i,7.;,.,i,'...,i'..,•••.:,::•,-;,:4-,-....7-.77.<•,.E.,14.•;77:05"1",""717.44:-.r. ..,....7•-••"....:1, 7"•••:.•-,7 ',"': : • •. •..r' ,.,.."-:-.:-. i•-•..." :,'1.r.,."."..".- ••••• . _ , -7, .:,..... ,,. •; , , : .,,,.., ,",•./..., ..,,, ..4.,.-..',1.,.--•-•.:',-;,',C•47•7%-..• ;;*" .r.4.'..77=1,••••,..•_•'=" ,44.1,1••=14,...64.„..:, .,,•8,i.....7.7,:.;-.7.-_.;.;-;;.• ,,-...:;.,!...• •..,••-•77.7-,-;,7;.:•;:..77v=.,..„...,,,i,„••7`-,,.••••::•••• • , ' • - •-• ' , '- • ' J• '7. ,-•*,.. „ ,.:--;•*:!:','. . ,47f.`•%tffrt•r-4-:-Pg....‘!•-i"•, 7.9:17. "-;; 77e4',"-•-,:i•-001.,--'-'',?•• IS- '' -' '. '-; • "'•.7i ,..,4t7' ,,":,:,'!.-.4i ..,S. ,4, After:August'1.;1••10 ;"‘I-It''''haff,Lbe eF*''11Pti:51'4 -.... .- . :Ilehlid-iiiitdafe.,fat 4 by- ';pralidtiriatV.',Or.:,final-plat for residential' . . '... s'..'.. . development -lots averaging - ill,:bea_ iiiiii4lzareiNan dii;..iiihd Withi two:sti, illea o57....-...:11. f`::::•.-_:,: .,,, 0 rad .- 'III ii able"'only.if all, property owners,..-joinit e.4„ ,,i, city .:-.a na-on app c , • ...,,v,,,, •- - . .. i'., •:, Petition) '4? :7fsi,.,,t11:...1"...::, .,..,..,,,,7.,,:7... .. ,,,..ii,44:110.1.,-_ , r.,...:*.-')...,,itt,;..*.1.1.4,10:1 .,44:.,...', ,;,,,..,,,..'.;'.;,,',.4..4•4ii,,.."-_,:.;•••,•;,: ,..„;7,*....,:.:ii...1.!,.,,;7.,... ,,.,,.. . ,::,1.1,....4„, ,.1,:,...ii ,,..:1:ir,,,,,..,..iv.,,,,,',...1,:tc.,,,....:;;,,5.:il, , . ,-., .-,i. ; .. . -,•..;-, :.,',..-1';e4....^......7',.... ':,euriti.,,3,4m - :._. ';';-.14,,,,,.•-,.. .,,tv. .;.';'.',-'' ' " '''' ',' '' • • ' ' . ";,..,'•:',,-.: :, ' 6. . Not abutting theCitYOf'''Faraii°4t-';°;,.:11 lit"iii:.,..iiii)ij fil.:,,4n.,.:le iitigt.,01n4 f,der ); anne?cetion area.amd.....:,:‘,.7.,,,i;s;,,..-- e-Petition. ...,-.;'.- .1r ,....it‘, - ..;..g-.,44,d„.•••....../...15 ,-,. : .:"•,..- . . .:, . ,.. . , all property owners join in th ...,...„.:.,,..;,,,,,•,. :, ,..,,..•,,,,F..,.....,-,-.-.,---,,,,,,,.i.,•:,;.-•• - .c;•,.- . -•• ,,, •••-, .; - ' it, . ,4 ,0) ,,.-It..-•. .,. ., r, • '.-/::. 40 acres in size, .i.':; a.,:a.--;..an,..-4,-7:;,:ae7Jrea.,,,*,ri'3.,...ix tl4ie,;(1rOelt !„...,i60.4!k;;t!.th;55.7!.„7,ya17tanisl' ::.,"..r,..E.:O!,,,71,,,,:,,,,,,,.:.;‘,',„,:,„-,::,: , : . s'i •:5--I 1.,,,,;;r1•474-,.,;-,-4.4---- ati.44.--.4-?,- vir-;..,41_4t.4-.1,-,,,,,..0 4...,,i-r•., ,•,..,.”-. •,-1,..-14.4s.,-,!ti../if.,,,,,, „.', , .. . • . • . - Farmington. -.. ,.;;,,,•..;,. ..•::'.r,. -.-.i•,5:.104:,,',. !7.'''.•,t. .; '•IC" ''''. '- 5,•.- i tz.;414.44-.r`4144Y4:" -:':':'' '-'''' . '''.--' r-'Y ''i':::,..•,-- . . . .. . . .-.. ,,......,,,,,;.-,),-,.%.-„;,-.;,..,'1'.:ti,t'-V.-.""`t.,P;.',..;•,;"3::.......4,,,,. -,,ii-1- .4i,:.: .•-,,,,,=;r•••-!4•7-'74-.14 • - --• • _ -• - : • • ..-..,.7,-..,...,7,-...--• t 8. ' . The property is not'lOOatedi‘tithiniifaFea'Pretiently, .un i der 7oo,., na.!de_rat.:i.0.:ni, l..!,yi,- ,ha ,Ci.,ity,..,•#3!,:,,,,,i;-,:....-;;;;:••,:._,...i.;,,,:,..• ,.. IBoardfora ..5,,.--,,,z,,,,,,...,,•4,4-.,.., .,,L:,..ti..4.•,4 j,.. , :4',...: Farmington or the Municipal ,_. ..,„„,€.,,,__,,..,,a;:::A,Avy-,itvJp;;;o,e,;t;:i..rri,,-,-.7 .,,,. ,,',.-,-,•,.,‘i,,,4,..„.t.,",..-..,,,7,-,-,„:,..,,.,1,•• -:''.-'i'- ', '''''' ''''';'''- '- '' '''''-.;:'''';'' :-91Si..Nr,4*.;•4:',' "7. .t.,*11'1 TO,. . ',,,, A,--.74.k.0--7...tr,,.--.t,,,f 1,,,!:,t• -•.•:'-.::::',., it-;.'' `." : ..;:-. ':;:c4',;.-,i,:;'-.•,:',,.;,r.::.--.i.7,-.,, ;.-.t•.:-'-' '. , - -...-• -: .,-, :::,k,ts-•,.4,- -,i--.,,,:,,,?:-,,Ist-4*.w4V., , A,. i .,,,,,,,,p-4,. .,1. • ,,...-j...le,t,-,:::4:-.4,,,,,t•trr.•=,-,-,--,!. •-.,,,,,,.--- ,. -.- ,:- ,-,i.- f :,-,,,•,;,7g;,..v;:z.s....,- 7.7; . h'tbd VT-rt;''':•.4ar:',..';-''.: • 0.6 6 o: ,:,itefOze your pr0;;t;;!.c::;2;'-‘!eanzi.1,70jr'eeci' ,;ksizu25:51101t,i ,414:14iitt.i,iia1-tzioth"a• ,liottvn.,7.4;c:poitthrloiwenhseiainrinwtibce ,,held • ' ceded bi.at'least;3d da.141"!.frititn.11016e'i#7;ieeltill •:,,,:-.Pproz7elierty Iii'40Fa ted and. , o:::f! t:':',Aaiil%itdlt.t?fii. .,,Aaw..iilt/iin5'75illtt' -,.,,,41,I4Oti:.:;)1, #1.!!;..,arii:IttiS4''5'ril.lilititi.1to,,,,x,r;:r.. ,...f:71.7i: f..7 .d....72,lizicli.f.,:irli,;-•ii,".„..4-,---7,i-'-'-:,„..„--,:i.,:::,i,,_---,:i.,.'..•., • '-.-.:.•:‘The costs'incurred by the cit -in, • .* '7i : ''' ' ':::4'..'''''''' 4 t' '.: --- -iit'e-foLii•----PtifOr, .4 :1 , 4it:4'....--_ :-..*.•:-A. ._.•i.fii.i,:ii.ot 4 Ittrbet'im. ii:eictilli,,,d. 'e a,2.,,,d,,7 -:1,*f'•:i i:.....;':. ' A ."2.4),* = trackietriithifhlaiti 4.4iiidleforeithe bellied•goeS:.0!Atffo.e,.gc.-!,,1-,;.„.1.,..... ,.;.'..mal.ileg list itself will be charged .„•,,,;.-._,, . oriim:,..,_....,,,.:,,.. •..,,,••:- 1=ii,i:,-c.,,.:•,-f.1.,:::::: :.1--It5:.., ;;5,...s.-:1,t,'„4,i,,:.•,;. ' .4.....4-;:iti'i'.,/gc•:-J7,1:'- ', ' , i ,__:,::.....,,,:,_,::::.,.....;,.:.:.•; ::. :•.. .,. .„:„;„,,,,...,:,..-,,,ro.„.,,.„:„.„,..,,,::•,_,..,,,,,.. ,..,,,„ _, , , el,N7i-:3„,,..:.,;;;::- •: . - --,' - ..;-:::•,-,';, .,:,, tf.k,-,_-1:_ •••:-..--1..,".,, ,,,:, .-:;41,.4 ., Y,-4';': '•!..g1,*:' _.y ..' c'71---II., ,.......t'-';'i . c)cx . 11 • ..; 1,i9 IS i.-.1,,Ni, $ _,•:,,t,--„ .... .. .-,,•: .,..-r- , tq-.. -'•';:-' _•=ri.. 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';j1.i. •,.'':',.',f, ...4i.-;- '.•",•';'-' '-"ilitint'7.':',',- ': . '''• .' '• '-'• •'; . . . , . - CITY OF FARMINGTON NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be held by the City Council of the City of Farmington, Dakota County, Minnesota on the 6th day of November , 19 95 , at 7:30 (PM) WAY in the Council Chambers of the Civic Center, 325 Oak Street, Farmington, Minnesota for the purpose of: considering the annexation petitions of property owned by Genstar Land Company, Sprute-Severson-Oliver, Herman Olson, Gerald Ristow, Bradley and Linda Bauer, Jacqueline Franke, Palmer M. Weflen, and Emma Pohl from Empire Township to the City of Farmington. All petitions are under the less than 60 acre rule and are located in Sections 19, 29 and 32, Township 114, Range 19 , Dakota County. fl All persons desiring to be heard, in person or in writing, will be heard at this time. City Administrator (Interim) Submitted to the Farmington Independent this 3rd day of October 19 95 for publication 1 time(s), the last of which being no later than the 5th day of October , 19 95 . cc: Dakota County Tribune Frederick Severson Lowell Francis Benham Grace M. Seed 1895 Black Oak Lane 21226 Chippendale Ave. W. John & James Seed Plymouth, MN 55447 Farmington, MN 55024 55 Pine St. Providence, RI 02903-2841 Corinthian Lodge Jerry & Elaine Schultz James & Beverly Randall Cemetery Association 3403 213th st. W. 3675 194th St. W. 326 Third St. Farmington, MN 55024 Farmington, MN 55024 Farmington, MN 55024 Edward Oliver Lowell & Janet Benham 100 Washington Square 21228 Chippendale Ave. W. Independent Black Dirt Suite 1639 Farmington, MN 55024 19501 Chippendale Ave. W. Mpls, MN 55401 Farmington, MN 55024 Edward Kral Palmer M. Weflen Robert Stegmaier P.O. Box 21 3379 213th St. W. 18556 Pilot Knob Rd. Farmington, MN 55024 Farmington, MN 55024 Farmington, MN 55024 Knud and Birgit Nielsen Jacqueline Franke Empire Township 3186 Vermillion River Tr. 3359 213th St. W. % Floyd Henry, Clerk Farmington, MN 55024 Farmington, MN 55024 3680 194th St. Farmington, MN 55024 Harland & Shirley Henke Devere & Joyce Brekke Northern Natural Gas 3126 Vermillion River Tr. 5221 Halifax Ave. S. Property Tax Department Farmington, MN 55024 Edina, MN 55424-1402 Box 1188 Houston, TX 77251-1188 Peter & Pamela Elvestad Norman & Ruby Marcell 20475 Cambodia Ave. W. 3291 213th St. W. Farmington, MN 55024 Farmington, MN 55024 Clinton & Deborah Gergen Bradley & Linda Bauer 20550 Cambodia Ave. W. 3273 213th St. W. Farmington, MN 55024 Farmington, MN 55024 Stephen & Mary Jo Nordvik Herman and Della Olson 20704 Cambodia Ave. W. 3261 213th St. W. Farmington, MN 55024 Route 1 Farmington, MN 55024 Gerald G. Ristow Gregory & Laura Adelmann 5370 189th St. W. 3221 213th St. W. Farmington, MN 55024 Farmington, MN 55024 Dist. Real Estate, Inc. Floyd and Janice Henry % Wausau Supply Co. 3680 194th St. W. P.O. Box 296 Farmington, MN 55024 Wausau, WI 54402-0296 Duane Parker 2,1050 Chippendale Ave. W. Farmington, MN 55024 Andy & Diane Adelmann 21020 Chippendale Ave. W. Farmington, MN 55024 Rodney & Mary Kay Hendricks 21030 Chippendale Ave. W. Farmington, MN 55024 Katharine S. Severson 1815 Black Oak LAne Plymouth, MN 55447 Lee & Marlene Palmer 20991 Chippendale Ave. W. Farmington, MN 55024 Svela & Osterman, Inc. 4203 Grainwood Circle Prior Lake, MN 55372 Paul & Julie Ann Clemons 705 Willow Street Farmington, MN 55024 AGENDA REQUEST FORM Item No. 6b Name: Charles Tooker Department: Administration Date: December 8 , 1995 MeetingDate: December 18 , 1995 Category: Public Hearings Subject: 7 : 30 P.M. - Amending Subdivision Ordinance Relating to Measurement of Tree Caliper Explanation: • Reference Material/Responsibility Sent previously. Referred To: (Name) Department Karen Finstuen Administration Development Committee L Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: NEW STANDARD FOR MEASURING TREES DATE: NOVEMBER 28, 1995 Title 11, Chapter 5, Section 3 (F) has been part of the City Code for many years and few questions have been asked as to where the diameter of boulevard trees can be measured. Advice in the past has ranged from ground line to four feet above the ground. A recent discussion about street tree requirements pointed out that there is a need to define caliper in the ordinance. The six inch (6") standard was provided by a local nursery wholesaler who indicated that this is an industry standard. 04,01_4, Charlie Tooker City Forester cc: file PROPOSED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE An Ordinance Amending Title 11, Chapter 5, Section 3(F) - Boulevard Trees THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 11, Chapter 5, Section 3 (F) of the City Code shall be amended by adding (underlined) as follows: (F) Boulevard sodding shall be planted in conformance with the standards and specifications as required by the City Council. Two inch (2") caliper, as measured six inches (6") above the ground line, shade trees approximating forty feet (40' ) on center shall be planted within boulevards on each side of platted streets. Trees shall be selected from a list made available from the City Planner and each street shall emphasize a particular variety. SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 18th day of December, 1995. AGENDA REQUEST FORM Item No. 8b Name: Tom Kaldunski Department: Public Works Date: December 8, 1995 \ MeetingDate: December 18 , 1995 Category: Ordinances and Resolutions Subject: Adopt Telecommunications Permit Ordinance Explanation: Reference Material/Responsibility Memo/Ordinance - Tom Kaldunski .�f Referred To: (Name) Department Development Committee Jay Kennedy Public Works Jerry Bauer Public Works Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: TELECOMMUNICATIONS ORDINANCE DATE: DECEMBER 12, 1995 Attached you will find a proposed City ordinance relating to telecommunications. Also attached is a letter I received from the League of Minnesota Cities encouraging cities to adopt an ordinance to preserve the cities powers. The proposed ordinance was prepared by the City attorney following the League of Minnesota Cities guidelines. It is my recommendation that the City Council adopt the attached telecommunications ordinance. I have been contacted by a company which is considering the installation of facilities which will be regulated through this new ordinance. /Li • Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Development Committee Jay Kennedy Jerry Bauer `am.,Ak4w!IIMEN 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 To: City Managers, Administrators and Clerks From: Stan Peskar, General Counsel and Ann Higgins, IGR Representative Re: Attached Model Telecommunications Ordinance • Date: June 6, 1995 Please bring the subject of adoption of a telecommunications ordinance to the attention of your city council and city attorney. Recent technological developments and changes in federal law make it possible for telephone and other electronics companies to compete to provide CATV and CATV-like services. Under. Minn. Stat. §222.37, telephone and other similar companies may use public roads for purposes of constructing and operating their lines and other equipment. However, cities have the power to: • • require location where they will cause the least disruption of other rights-of-way activities; • require restoration of street surfaces; and • relocate as needed at no cost to the city. In order to exercise these powers, a city needs effective ordinances controlling these types of matters. Adoption of fairly uniform ordinances in most of the cities of Minnesota will create a convenient environment in which telecommunications companies can operate and because they need not deal with disparate and sometimes conflicting local demands. Uniform ordinances also make it easier for the League to convince the legislature to continue to allow latitude for local regulations because it can be shown to be workable and not too burdensome to business. Please see also the background material on page 1 of the attached memo. AN EQUAL OPPORTL'NITY/AFFIRMATIVE ACTION EMPLOYER (612 490-5600 1-800-925.1122 TDD 612,490-9038 Fax 612 490-0072 PROPOSED • CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE An Ordinance Governing the Construction, Installation, Operation, Repair, Maintenance, Removal and Relocation of Facilities and Equipment Used for the Transmission of Telecommunications or Related Services in the Public Ground of the City of Farmington THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 8 of the Farmington City Code shall be amended by adding Chapter 11 - Telecommunications Permitting - as follows: CHAPTER 11 Telecommunications Permitting 8-11-1: Definitions 8-11-2: Permit Procedure 8-11-3: Restoration and Relocation 8-11-4: Company Default 8-11-5: Indemnification 8-11-6: Other Conditions of Use 8-11-7: Effective Date and Applicability to Existing Facilities 8-11-8: Acceptance of Requirements 8-11-9: Public Ground Other than Right of Way 8-11-10: Regulations; Permit Schedules 8-11-11: Severability 8-11-1: Definitions. The terms defined in this Section have the following meanings given to them. • COMPANY: A natural or corporate person, business, association, political subdivision, public or private agency of any kind, its successors and assigns, who or which seeks or is required to construct, install, operate, repair, maintain, remove or relocate facilities in the City. DIRECTOR: The Director of Public Works or designated representative. FACILITIES: Telecommunications equipment of any kind, including but not limited to audio, video, paging, facsimile or similar service, not governed by Minnesota Statutes, Chapter 238, including all trunks, lines, circuits, physical connections, switching equipment, wireless communication equipment of all kinds, and any necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along public ground. PUBLIC GROUND: Highways, roads, streets, alleys, public ways, utility easements and public grounds in the City. 8-11-2: Permit Procedure A. Permit Required: A company may not construct, install, repair, remove or relocate facilities, or any part thereof, in, on, over, under or along public ground without first obtaining a permit from the City. B. Application: Application for a permit is made to the Director. C. Issuance of Permit: If the Director determines that the applicant has satisfied the requirements of this ordinance, the Director may issue a permit to the company. An applicant may contest a permit denial or the conditions of approval by written notice to the City Clerk requesting a City Council review within fourteen 914) days of the Director's action. The Council shall hear any contest of the Director's action under this ordinance within forty-five (45) days of the City Clerk's receipt of the contest notice. Nothing in this ordinance precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to the issuance of a permit set forth herein. D. Permit Fee: The application must be accompanied by the permit fee as set forth from time to time by resolution of the City Council. E. Security for Completion of Work: Prior to commencement of work, the company must deposit with the City, security in the form of certified check, letter of credit or construction bond, in a sufficient amount as determined by the Director for the completion of the work. The securities will be held until the work is completed plus a reasonable period of time thereafter to guarantee that restoration work has been satisfactorily completed. Upon application of the company, providing such information as the Director may require, if two or more work projects are to be constructed during a calendar year, the Director may accept, in lieu of separate security for each project, a single security for multiple projects in such form and amount as determined, in the discretion of the Director, to be sufficient to assure completion of all projects which may be in progress at any one time during that calendar year and to guarantee that restoration work will be satisfactorily completed. The security will then be returned to the company. F. Inspection of Work: When the work is completed, the company must request an inspection by the Director. The Director will determine if the work has been satisfactorily completed and provide the company with a written report of the inspection and approval. 8-11-3: Restoration and Relocation (A) Restoration: Upon completion of the work, the company must restore the general area of the work, including paving and its foundations, to the same condition that existed prior to commencement of the work and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits. If the company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the public ground to the same condition, the City may put it in the same condition at the expense of the company. The company must, upon demand, pay to the City the direct and indirect cost of the work done for or performed by the City including, but not limited to, the City's administrative costs. To recover its costs, the City may, without any notice to the company, draw on the security posted by the company and then recover the balance of the costs incurred from the company directly by written demand. This remedy is in addition to any other remedies available to the City. (B) Company Initiated Relocation: The company must give the City written notice prior to a company initiated relocation of facilities. A company initiated relocation must be at the company's expense and must be approved by the City, such approval not to be unreasonably withheld. (C) City Required Relocation: The company must promptly, and at its own expense, with due regard for seasonal working conditions, • permanently relocate its facilities whenever the City requires such relocation. (D) Relocation Where Public Ground Vacated: The vacation of public ground does not • deprive the company of the right to operate and maintain its facilities in the City. If the vacation proceedings are initiated by the company, the company must pay the relocation costs. If the vacation proceedings are initiated by the City or other persons, the company must pay the relocation costs unless otherwise agreed to by the City, company or other persons. 8-11-4: Company Default (A) Notice: If the company is in default in the performance of the work authorized by the permit, including but not limited to restoration requirements, for more than ten (10) days after receiving written notice for the City of default, the City may terminate the rights of the company under the permit. The notice of default must be in writing and specify the provisions of the permit under which the default is claimed and state the grounds of the claim. The notice must be served on the company by personally delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. (B) City Action on Default: If the company is in default in the performance of the work authorized by the permit, the City may, without notice to the company, take such action as may be reasonably necessary to abate the condition caused by the default. The company must reimburse the City for the City's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under 8-11-2 •(E) will be applied to the City first toward payment for such reimbursement. 8-11-5: Indemnification (A) Scope: The company will indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers or agents. The City will notify the company of claims or actions and provide a reasonable opportunity for the company to accept and undertake the defense. (B) Claim Defense: If a claim or action is brought against the City under circumstances where indemnification applies, the company, at its sole expense, shall defend the City if written notice of the claim or action is given to the company within a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the City, which 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. In defending any action on behalf of the City, the company is entitled to assert every defense or immunity that the City could assert in its own behalf. 8-11-6: Other Conditions of Use (A) Use of Public Ground: Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the Director including, but not limited to: 1. the right of inspection by the City at reasonable times and places; 2. the obligation to relocate the facilities pursuant to 8-11-3 (C) and (D) ; and 3. compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission and other state and federal laws, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 216D. (B) Location: The facilities must be placed in a location agreed to by the City. The company shall give the City forty-five (45) days advanced written notice of the company's proposed location of facilities within the public ground. No later than 45 days after the City's receipt of the company's written notice, the City will notify the company, in writing, of the City's acceptance or rejection of the proposed location. If the City rejects the company's proposed location, the City shall propose alternative locations. The City does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45 days. (C) Emergency Work: A company may open and disturb the surface of public ground without a permit where an emergency exists requiring the immediate repair of its facilities. In such event, the company must request a permit not later than the second working day thereafter and comply with the applicable conditions of the permit. In no event may the company undertake such an activity which will result in the closing of a street or alley without prior notification to the City. (D) Street Improvements, Paving or Resurfacing: The City will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain: 1. the nature and character of the improvements; 2. the streets upon which the improvements are to be made; 3. the extent of the improvements; 4. the time when the City will start the work; and 5. if more than one street is involved, the sequence in which the work is to proceed. (E) Company Protection of Facilities: The company must take reasonable measures to prevent the facilities from causing damage to persons or property. The company must take reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company must take specific protective measures when the City performs work near the facilities. (F) Prior Service Connections: In cases where the City is undertaking the paving or resurfacing of streets and the facilities are located under such street, the company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five year period following the paving or resurfacing. 8-11-7: Effective Date and Applicability to Existing Facilities. Companies with facilities in, on, over, under or along public ground on the effective date of this ordinance must take prompt action to comply with this ordinance and the permits authorized by this ordinance. A company, however, is not required to reapply for a permit obtained from the City prior to the effective date of this ordinance. A company is not required to pay the difference between the permit fee of a previously obtained permit and the equivalent newly obtained permit under this ordinance. All other provisions of this ordinance apply to existing facilities. 8-11-8: Acceptance of Requirements. By receiving a permit pursuant to this ordinance, the company accepts and agrees to comply with all of the requirements of this ordinance. 8-11-9: Public Ground Other than Right of Way Nothing in this ordinance is intended to grant to the company authority beyond that given by Minnesota Statutes Section 222.37 for use of the public right of ways for construction and operation of facilities. If the City allows the company to use its non-right-of-way public ground, the terms of this ordinance apply to the extent they are consistent with the contract, statutory and common law rights the City owns in such property. 8-11-10: Regulations; Permit Schedules. The Director is authorized and directed to prepare suitable regulations and schedules for the administration of permits issued under this ordinance. 8-11-11: Severability. If any provision of this ordinance is contrary to law and, therefore unenforceable, such provisions will be severed and will not affect the other provisions of this ordinance. SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 18th day of December, 1995. AGENDA REQUEST FORM Item No. 15a Name: Tom Kaldunski Department: Public Works Date: December 8 , 1995 MeetingDate: December 18, 1995 Category: Executive Session Subject: Discuss Snow Plowing Policy Explanation: This item was pulled from the December 4th agenda so that it could be discussed in Executive Session due to personnel issues. Reference Material/Responsibility f;A ti Referred To: (Name) Department Karen Finstuen Administration Wayne Henneke Finance Tom Kaldunski Public Works X4, Signature CONFIDENTIAL MEMO TO: MAYOR AND COUNCIL SUBJECT: DISCUSSION ON SNOW PLOWING POLICY DATE: DECEMBER 13, 1995 On November 27, 1995, the City experienced it's first heavy snowfall of the 1995-1996 winter season. Reports have placed snow depths between 6-1/2 to 8 inches in the City. During the day, the City received a complaint about snow plowing from Leon Orr, 19161 Echo Lane in Akin Park Estates. His complaints are summed up in the two letters attached. Mr. On was upset because of the time it took for the snow plows to begin plowing in Akin Park Estates while nearby subdivisions had received some plowing services. He expressed his concerns regarding possible retaliation by City employees and indicated that the access routes were not plowed per policy. I also received a call from Dirk Rotty, who lives at 20315 Dunbar Avenue in Pine Knoll, asking about the same issues that Leon raised. It should be noted that the City has a policy on snow plowing that has been approved by the Council. The policy states "the City is divided into zones with a plow and operator assigned to each. Each zone has been assigned priority routes which will be plowed first to provide access within one to two blocks of most residences. This should allow essential workers to leave for work if they are willing to do work necessary to reach the plowed access route. These routes will be plowed to provide two traffic lanes in the event of snow falls greater than 6". When snow is less than 6", curb to curb plowing will be done. This item was placed on the City Council agenda for the December 4, 1995 Council meeting by Council member Chris Galler. The item was pulled from that agenda to allow an investigation to be completed on the issue. It was also pulled from a public discussion and placed on executive session to avoid possible unfair labor practices by discussing matters regarding internal investigation and possible disciplinary action in a public session, as recommended by Karen Olsen, Labor Relations Consultant. I have conducted my investigation by interviewing a number of City employees; 1. Karen Finstuen 2. Jay Kennedy 3. Jerry Bauer 4. Bill Weierke 5. Todd Reiten 6. Dwight Bjerke All union employees had their Union Steward, Tom Jensen, present during the investigation interviews. The following outlines my findings of the facts; • Bill Weierke was assigned to the zone which covers Akin Park Estates. He started plowing about 4:45 AM in Lime Rock Ridge on 193rd Street. From there, Bill proceeded to plow Silver Springs I and II, followed by Prairie Creek 1st, 2nd and 3rd. About 9:30 AM, Bill received a call from Karen Finstuen regarding Leon's complaint about plowing Akin Park Estates. Bill was just arriving at the area at this time (9:35 AM). He proceeded to plow the area. • Bill indicated that he was doing what he was told to do by his supervisor, i.e. "follow the 6" policy, do one or two passes in streets and do main intersection on 31, also concentrate on hills, curves and school buses." • When asked, Bill stated that he was not directed by Jerry Bauer, his supervisor, to skip Akin Park Estates. Bill indicated that the slippery conditions led him to conclude that the hills in Silver Springs would need attention before the flatter streets in Akin Park. • Bill has indicated that either two or four passes were done on the streets he plowed prior to arriving in Akin Park Estates. This might appear to be full width, however, he returned later to plow the remaining 4-6 feet to the curb. • Bill completed his assigned areas by 2:10 PM when he began plowing alleys in older portions of the community. Bill was done with plowing at about 2:30-2:45 PM. • Jerry Bauer began calling in the crew about 4:00 AM on November 27 and helped crews load trucks with sand as they arrived. No discussion was held between Bill and Jerry on assignments at this time because crew reviewed assigned areas - "Bill knew what area to plow". { • Jerry plowed his assigned areas in the older portion of the City until Gary Hilsgen had trouble with the truck (5:45-6:00 AM). Both Jerry and Todd Reiten went to assist Gary Hilsgen. • Todd indicated he returned to plowing at 6:15 AM in the 208th Street area. Todd was aware of the areas assigned to him but did not understand the access route policy. He was not given any direction from Jerry Bauer to plow access routes. • Todd indicated he went from 208th to Hillview/Hill Dee because of the hills in the area. He plowed 208th first because of the school. • When asked, Todd said he was not given any direction from Jerry Bauer to skip the Pine Knoll area. • Todd has been briefed on the access routes in his assigned area. • Karen and Jay and John were the only employees at City Hall when Leon arrived. Leon started talking with Jay and went to Karen when she arrived. Karen took charge of the complaint from Leon. They talked from approximately 8:30 AM to 9:00 AM. Karen decided not to call the operator, Bill Weierke, until 9:31, because he was on break. • Karen gave Bill a call at 9:31 and Bill arrived at Akin Park shortly thereafter. • Karen was short of staff early this morning due to the snow fall. This made it difficult to handle incoming phone calls. Citizen Action Request Forms were not completed on the calls relating to the snow plowing on November 27. Phone notes were written instead. A total of seven (7) calls relating to snow plowing were received on November 27, including Leon's. The investigation into the incident has been completed. I did not find any evidence that indicates that Jerry Bauer directed Bill Weierke or Todd Reiten to avoid either Pine Knoll or Akin Park Estates, nor do I believe that Bill or Todd purposefully did those plowing routes to spite the residents or ex- Council members. Because there is no evidence to indicate that these areas were intentionally not plowed early, I would not recommend any disciplinary action. However, I have taken action as follow to ensure that we uniformly follow the City's Snow Plowing Policy in the future. In reviewing the incident, I believe that some minor errors may have occurred, such as; 1. The street crew needs to become familiar with access routes - please note the attached map. It has been prepared to clarify these routes and the crew has been briefed. In addition, I have instruction Jerry Bauer to review the snow conditions in future events. When he determines that it is necessary to plow access routes, he is to contact each operator personally to give instructions to plow the access routes. Without these specific instructions, the crews are to plow curb to curb. This was done on December 8, 1995. 2. Citizen Action Request Forms should be filled out for all snow plowing related calls. By policy, snow plowing is an emergency, therefore policy requires that these calls be forwarded directly to the operator if possible, as soon as they are received. It is also okay to pass these Citizen Action Requests to the supervisor. This has been reviewed with the clerical staff and it has been done on subsequent snow falls. 3. The assignment of the mechanic to a route without backup should be revised. It is my recommendation that Todd Reiten and Steve Nordstrom switch their routes. Steve will not be called away from these routes as readily as Todd, being the mechanic, might be. With Todd on a route in the older portion of the community, other operators will be able to help cover his route when he needs to do repairs to snow plows. When all things are considered, I believe that City staff did an excellent job responding to the first major snow fall of the season on November 27, 1995. The feedback that has been received and given will only improve the City response for future events. As a follow up, regarding this complaint, I will communicate these findings and corrective actions taken with Mr. Orr and with the maintenance employees. ‘11:1 Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Karen Finstuen Wayne Henneke TJK Karen Olsen, Labor Relations Assoc. r95AR10:57 6124635467 TCC NGUPAGE 61 ate: November 27, 1995 CI7NF!L1ENTI/.lL Subject: Snow Plowing on November 27,1995 To: Tom Kaldunski,City Engineer Through: Karen Finstuen, City Administrator I live at 19161 Echo Latte in.Akin Park,First Addition,east of County Road 31. In years past I have always noticed that Akin Park was plowed between 5:30 A.M.and 6:30 A.M.with a minimum of"one pass"by the plow to allow residents some access to the streets. On this date,the first large snowfall of the season the situation was noticeably different. • When 1 went to work at 7:10 A.M.I noticed that none of Akin Park had been touched except 193rd Street had been plowed curb to curb east to the dead end. I further noticed that Akin Park second addition west of Co.Rd.31 had been plowed I drove further into Fair Hills and noticed that all streets had been plowed there. I drove through Lime Rode Ridge and found that all streets there were plowed curb to curb,including all three cul-de-sacs,and curb to curb down to 193rd Street. • Next I drove to Silver Springs where all streets,including cul-de-sacs were plowed Prairie Creek was mostly plowed with a single pass. • At about 8:1.5 A.M.I returned to find that Akin Park(east)had not been touched. 1 then drove to Prairie Creek to find that all of those street were now plowed curb to curb,including one long dead end where no one lived. • I went to City Hall and talked to Jay Kennedy and Karen Finstuen about the situation. • At approximately 9:00 A.M.I returned and took pictures of the situation again noting that Lime Rock Ridge,Silver Springs,Akin Park Second(west),and Prairie Creek were done curb to curb,including cul-de-sacs dead ends etc.and Akin Park First had not been touched even with a one pass path. • At approximately 9:40 A.M.I picked up Mayor Kuchera to show him the situation. We drove through Lime Rock Ridge noting that all streets&cul-de-sacs were done curb to curb. We then drove through Akin Park First and noted that the plow was just starting(and that most streets did not yet even have a path plowed). We then drove to Prairie Creek and again observed that all streets,including dead-end non occupied streets were done curb to curb. 1 learned from City Hall that Lime Rock Ridge,Akin Park First,Silver Springs and Prairie Creek were to be cone by the same driver. This raises a question: If the driver did Lime Rock Ridge first how did be get to Prairie Creek next without driving through Akin Park First? He would have had to almost intentionally go around that development via Akin Road to get to Prairie Creek. Why not drive through Akin Park First with the plow down creating a path for those citizens. Surely he knows that Akin Park First and Prairie Creek are now connected by a street! I will be requesting a meeting with Tom Kaldunski to go over this event after which I wilt request a written explanation explaining if this plowing sequence is in accordance with Farmington's snow plowing policy and I will want to know if this is the way it will continue. Sincerely, (:::= EON W. RR 11 "" (c.Iliii COMHDEMTII\L IrrDate: November 29, 1995 Subject: Conclusions on Snow Plowing November 27, 1995 To: Tom Kaldunski,City Engineer Through: Karen Finstuen,City Administrator The purpose of this letter is to summarize for the record the meeting held on November 28 at 3:00 P.M. in your office with Tom Kaldunski,Gerald Bauer and Leon Orr concerning my observation of the plowing of the first significant snow storm(8")of this winter,also to provide you with my final thoughts on the issue after some examination of the issues at hand and to provide you with some suggestions on a reasonable policy for snow plowing. Summary of our meeting for the record. I outlined my concerns as expressed in my letter of November 27 on this subject. Specifically that the same driver was assigned to plow Lime Rock Ridge,Akin Park(1st),Silver Springs and Prairie Creek. The bottom line was that Lime Rock Ridge,Silver Springs and Prairie Creek were all plowed curb-to-curb before Akin Park(1st)was even touched,and Akin Park is in between the other three developments. Jerry said that the driver had"forgotten"Akin Park. In concluding this meeting I asked Tom if I was correct in saying that the plowing on November 27 was not in accordance with existing policy to which Tom&Jerry both acknowledged that it was not. I then asked if I would be correct in believing that this would not happen again to which both agreed that it would not. I then stated that I would be less than honest if I did not tell them that,given various circumstances,there appeared to be a possibility that Akin Park(1st)(and Pine Knoll)were skipped,forgotten,last,or whatever,because of past political issues. Jerry assured me that this was not the case. I stated that I accepted the responses which I had received and appreciated the meeting. Follow-up concerns. After giving considerable thought to the details of what was said in the above meeting,I continue to be concerned about possible reasons why Akin Park and Pine Knoll were not properly handled. These concerns are: • Jerry said that they spent a lot of time clearing accesses to Akin Road. I pointed out that Pine Knoll has three accesses to Akin Road and at 10:00 A.M.not one single pass had been made through that development while that driver had done developments 2 1/2 miles further north curb-to-curb(Hill Dee, Terra&Hill View). I also noted that some of the houses in Pine Knoll were a great distance from Akin Road. I have since checked that distance and determined that the farthest house in Pine Knoll from Akin Road is 1,320 feet. These people were not even provided a single plowed path to Akin • Road while all other subdivisions north(except Akin Park)had curb-to-curb plowing completed. This is neither safe(emergency vehicle needs)nor equitable for the tax paying public. • I pointed out that the plow had to pass Pine Knoll enroute to Hill Dee,Terra&Hill View to which Jerry said the driver was concerned about the hills in Hill Dee. There should have been equal concern for the distance into Pine Knoll. In reviewing this response one would also note that an estimated 90% of early morning traffic in northern developments is by people going to work and in the case of Hill Dee,Terra&Hill View it is down hill to Akin Road! The only exception is a short cul-de-sac in Hill View is not down hill. • With respect to Akin Park Jerry said that the driver had tried to go to Akin Park via climbing the hill out of Prairie Creek. After some thought about this I must tell you that shortly after 9:00 A.M.I stopped at that very intersection to take pictures and if the truck tried to go up that hill he did it without his plow down because there was ret any snow disturbed by a plow anywhere on that street but the street going perpendicular to the southeast(dead end to unoccupied houses under construction)was INTI . V plowed curb-to-curb. Don't those trucks have sand dispensing apparatus in front of those rear wheels? Since Lime Rock Ridge was plowed first,Akin Park was the next logical development since they are connected by roads and the plow would have been going down that hill to Prairie Creek. • It was stated during this meeting that the policy was to plow curb-to-curb as you go with 6 inches of snow or less. More than 6 inches requires a one-pass path be created through all roads to provide some access to all property owners. Jerry responded that actually the drivers were legal in doing curb- to-curb plowing because it was 6 inches of snow. I pointed out that the recorded and reported snow in Farmington was 8 inches. This brings up a question that if policy is based upon inches of snow shouldn't the Superindendent have a source of determining what the snow fall was in depth? • In retrospect I find the statement that the driver"forgot"Akin Park to be difficult to comprehend. In professional terms I have always found our drivers to be very capable of handling their equipment and it is simply not believable that a professional/experienced driver could"forget"to plow a development of 100 homes which lies in between three other developments that hg plowed. I find it equally difficult that a driver would drive past Pine Knoll and go 2 1/2 miles north because of concern for a hill in that subdivision which was"down hill"to work for those residents and to stay there and do complete plowing before returning to even provide a path for Pine Knoll residents who were 1320 ft. off of the main road! How about concern for those taxpayers? Some suggestions. • Standard routes should be established for each plowing area which are the most time efficient and provide reasonably equal relief to all residents. For example,the Pine Knoll,Hill Dee,Hill View& Terra plow area(more than 6 inches of snow)could be one pass through Pine Knoll,one pass through Terra and a pass through Hill Dee&Hill View with curb-to-curb plowing to be in reverse. Everyone gets some access quickly. In the case of the other questioned area a logical route would be a pass through Lime Rock,then Akin Park(1st),down the hill into Prairie Creek,left into Silver Springs and on around to the rest of Prairie Creek. Then curb-to-curb plowing in reverse. Again access for all and efficient. It would also be an added safety factor for emergency vehicles. • Another suggestion would be to examine the 6"criteria for snow emergency. If possible the Superindendent should have authority to declare 5 to 6 inches of heavy wet snow to be a snow emergency and then follow those rules in the plowing routine. For a lot of drivers 5 inches of heavy wet snow has a greater impact than 7 inches of light fluffy. I must say that I still have that instinctive feeling that this was politically motivated. I would very much like to feel otherwise because I have very strong feelings that that the most dispicable act that a public employee can do is use public equipment and position against taxpaying citizens. When a plow operator gets in that big truck with"The City of Farmington"on the doors.he is to serve all equal. That is the sign of a professional. There is no place for political retribution by public employees. This lingers with me because I know those involved to be too experienced and professional in the past to"drive by" 100 homes in Pine Knoll and to"forget"a hundred homes in the entire subdivision of Akin Park. If you can offer any additional information that could pursuade me that this was not political I would appreciate it. Also let me know if I have mis-stated any facts above. Sincerely, (1140k 19161 Echo Lane Farmington,MN.55024 s t PM flt I "ir i‘lti%6 _'1 il el 4 I.I I i 9 I 1111'1.1-_ .. 1 L-7- GE\ 9 w ►._ N 1 4 ' ZONE COLOR VEHICLE OPERATOR to.taw srti i „.m ROUTE PRIORITY VARIABLE VARIABLE (1°61X4'E” ` I GRADER DAVE DAHL ? - �i--7 II 93 CHEW TOM JENSEN -�y' ,, It III MULTI-TECH J�044 ''-,*/ ikla � winIV 89 INT. BILL WEIERKE V 80 FORD GARY HILSGEN \ VI 95 CHEW TODD RE1Ti`ff- 5,74--4/46'1 VII 85 FORD JERRY BAUER VIII SKIDSTER BENNO KLOTZ - early morning to 7 a.m. BEN VanBlarcom - 7 a.m. to evening ,cum 511¢r Wsr --- ' °°"i. NOTE: PRIORITY ROUTES ARE FOR HEAVY V • N ®, SNOWFALL EVENTS ,�� PARKING LOTS TO CLEAR ---,__1A — Fire/Ambulance exit zone B — Library lot-school area only liN. ' ©©, ) c,/ --0 C Police Dept. exit zone fT�`t -'_, iv / c D — Downtown public parking lots E — Library lot - main lot rr 195TH ST. F — Liquor store lot z G — Complete fire hall 0 � N O gD r4-------- Z \ 11 I 0: S cowl'low I¢14 mom msec 4160 .21 L -I 1111:111 J U 2 m.m WI 6o r. -, /[1:1]— \ I I ` 1 lmmn.:iL 4 mew MEET SAW MIST i+ . w E .....r."4111 _-____,_�_----------,-I------ - - -L _-' _ _z I _. „ x ONTYR50 �Ls' „ n �IF 1 COIabrA. -mpIo.7zI � . I, f r---I;NM, . .I 4 ........ Z ' i - 41 . .:„. I E ',I . _r' CJI L i 0 1! fr 49, 1I=- 5TH STREET WEST k jj1 i'i'iii 1., _ _t CRY OF FARMINGTONFAR611NGTON --- 1TEURExA TOWNSHIP 1 ; O-.. � n WC 50 I ' /' ,..-jam �g In - I i CITY -P PARvI\GT❑\ 1`ii . r 1995-96 SN❑WPLCWING R- _ T -S = €J-' �"'�"'�"� PPECTIV= -CT- 3ER 2, 1995 / i DRAWN BY RLS /100/IW 500 1 DATE: 10 -2-95 1 ( I JAY JI\MAPS\SWRDUTE,DWG /34 0 1000 2000 3000 1 REV. 10/19/95 RLS r(r REV. 10/24/95 RLS SCALE AGENDA REQUEST FORM Item No. 9b �� Name: Chris Galler n.��Vy�y� /0")") ()(:V Department: Council ), )j-1171Airc- . w JJ�2Vl" (�,,e`' P November 2 7 19 9 5r d'" Date: ��. Meeting Date: Dom" Category: Unfinished Business Subject: Discuss Departure from Adopted snow Plowing Policy Explanation: Reference MateriallResponsibilty Chris Galler Referred To: (Name) Department Karen Finstuen Administration Tom Kaldunski Public Works Signature v 'sotmtem i win reties Assoc.REALTORS Christopher Geller,Pubic Affairs Office:452-6611, Fax:452-2911 CHRISTOPHER M. GALLER r* ** *„ ,411;r4= 5275 One Hundred Ninetieth Street,Farmington,Minnesota 55024 t ** *+ .4x a Residence 463-8477,Office 452-6611,Fax 452-2911,Voice Mail 220-3813 kk x S1tl,'$8 if"`"'fr**4 m...ittiii,.., TO: KAREN, FINSTUEN DATE: November 27, 1995 ..::::::'•,-:•• RE: CITY RESOLUTION x8•81.5ki b min Q I. Please add two agenda items to the December 4th City Council q<400,30'NR SRtl000 0: Agenda. 4044 RSR. n,R,R.R ,,,,.,,RF;:. wa .. g3a4R......,�ffi ITEM #1 —STREET PLOWING ACTIVITIES, SUPERVISOR BAUER a Upon a three separate citizen complaints it appears that two of the cities subdivision were disregarded after the November 26th 4.4414.40444.40**,,L=4,1:14:434•4424:44=4“:4,., 9 " 1 r ; snow. For some reason, the Pine Knolls and Akin Park Estates ist S ffiffi'¢R4Y.R78 b.C4448ffi R:R86EBkY iR3 &SB A'RFPF3 d,A` :( • ffi1 ffi Edition were left unplowed while other neighborhoods were •%#9D:•6_wYYB�R•n dffi•R V.'LWNdnR ,D,1 ti: 3R .& =um=fF1'B, R �� " 4 ; plowed curb-to-curb. This presents a very difficult situation for t"'04�.4@a A �� 4. .ffi�R residents, school buses, and fire equipment. This is the first time I ad3 triii.&ffi ....,=====1:11 R4R0 �R.RR403tR4444RZDAa.<affi44,44 , have received this type of complaint about neighborhoods 7,0!0.,,,v1,00,011000,0:.: Rm @R 44:4,4,44444-4:44.; being overlooked during a snow crisis. This was not in the snow ffi z8$ Rtt# 04.0 g4,0 0,, SS's➢3..., � � removal plan submitted to the City Council. It is of greatest 1 � s�:��sffiffig� 8R&S&a"AffiS #° ffiffi��� 1:�. concern since this is the first time a new supervisor has been in charge of this program. The City Council should make sure there �ffig � 1 S, i, is a clear understanding of what, when and how this job should 14ffi°"" R,R ffiR R x"iffima� be completed, so problems like this do not occur in the future. vu�saBRt• m.e�se�.�. 1g__ 12/04/95 MON 14:31 FAX 6125461552 LABOR RELATIONS ASSOC. 11002 LABOR RELATIONS ASSOCIATES, INC 7501 Golden Valley Road Golden Valley, Minnesota 55427 612/546.1470 FAX:612/546.1652 December 4, 1995 TO: Mayor and City Council City of Farmington FROM: Karen Olsen Consultant SUBJECT: Complaint regarding Snowplowing on 11/27/95 A complaint has been filed concerning a residential area that was not plowed until mid- morning of November 27, 1995. The complaint and the City's snowplowing policy are on the agenda for tonight's meeting. The management staff are investigating this complaint and will provide you with a complete report. The investigation will be conducted in accordance with the City's Labor Agreement with AFSCME, Council 14. Under this contract and applicable law employees may be questioned, but have the right to have a Union Representative present. Such questioning will take place in a private setting. Following completion of the investigation the report will be provided by the management staff to the Mayor and Council in a closed session. Under the Minnesota Data Practices Act the report is private data at this time. If disciplinary action is taken following the Council's review, the data remains private until the date of final appeal of any disciplinary action. The management staff and I have conferred with the City Attorney to ensure that legal requirements are followed in following-up on this complaint. I am sure he will be able to answer any further questions you may have. 12/04/95 MON 14:31 FAX 8125461552 LABOR RELATIONS ASSOC. 01001 LABOR RELATIONS ASSOCIATES. INC. 7505 Golden Valley Road Golden Valley, Minnesota 55427 612/546-1470 FAX:51V545-1552 • DATE: (2(4- c6 TO: CO./CITY: rt�,,�u FAX #: 4�a FROM: Labor R tIa •oni s Assqc. SENDER: 6. PAGES: 2- (Including Cover Page) If you have any problems receiving this transmission please call S46-1470 and ask for Ann/Lisa at Labor Relations Assoc. COMMENTS: alc Date: November 29, 1995 Subject: Conclusions on Snow Plowing November 27, 1995 To: Tom Kaldunski,City Engineer Through: Karen Finstuen,City Administrator The purpose of this letter is to summarize for the record the meeting held on November 28 at 3:00 P.M.in your office with Tom Kaldunski,Gerald Bauer and Leon Orr concerning my observation of the plowing of the first significant snow storm(8")of this winter,also to provide you with my final thoughts on the issue after some examination of the issues at hand and to provide you with some suggestions on a reasonable policy for snow plowing. Summary of our meeting for the record. I outlined my concerns as expressed in my letter of November 27 on this subject. Specifically that the same driver was assigned to plow Lime Rock Ridge,Akin Park(1st),Silver Springs and Prairie Creek. The bottom line was that Lime Rock Ridge, Silver Springs and Prairie Creek were all plowed curb-to-curb before Akin Park(1st)was even touched,and Akin Park is in between the other three developments. Jerry said that the driver had"forgotten"Akin Park. In concluding this meeting I asked Tom if I was correct in saying that the plowing on November 27 was not in accordance with existing policy to which Tom&Jerry both acknowledged that it was not. I then asked if I would be correct in believing that this would not happen again to which both agreed that it would not. I then stated that I would be less than honest if I did not tell them that,given various circumstances,there appeared to be a possibility that Akin Park(1st)(and Pine Knoll)were skipped,forgotten,last,or whatever,because of past political issues. Jerry assured me that this was not the case. I stated that I accepted the responses which I had received and appreciated the meeting. Follow-up concerns. After giving considerable thought to the details of what was said in the above meeting,I continue to be concerned about possible reasons why Akin Park and Pine Knoll were not properly handled. These concerns are: • Jerry said that they spent a lot of time clearing accesses to Akin Road. I pointed out that Pine Knoll has three accesses to Akin Road and at 10:00 A.M.not one single pass had been made through that development while that driver had done developments 2 1/2 miles further north curb-to-curb(Hill Dee, Terra&Hill View). I also noted that some of the houses in Pine Knoll were a great distance from Akin Road. I have since checked that distance and determined that the farthest house in Pine Knoll from Akin Road is 1,320 feet. These people were not even provided a single plowed path to Akin Road while all other subdivisions north(except Akin Park)had curb-to-curb plowing completed. This is neither safe(emergency vehicle needs)nor equitable for the tax paying public. • I pointed out that the plow had to pass Pine Knoll enroute to Hill Dee,Terra&Hill View to which Jerry said the driver was concerned about the hills in Hill Dee. There should have been equal concern for the distance into Pine Knoll. In reviewing this response one would also note that an estimated 90% of early morning traffic in northern developments is by people going to work and in the case of Hill Dee,Terra&Hill View it is down hill to Akin Road! The only exception is a short cul-de-sac in Hill View is not down hill. • With respect to Akin Park Jerry said that the driver had tried to go to Akin Park via climbing the hill out of Prairie Creek. After some thought about this I must tell you that shortly after 9:00 A.M.I stopped at that very intersection to take pictures and if the truck tried to go up that hill he did it without his plow down because there was not any snow disturbed by a plow anywhere on that street but the street going perpendicular to the southeast(dead end to unoccupied houses under construction)was 4 plowed curb-to-curb. Don't those trucks have sand dispensing apparatus in front of those rear wheels? Since Lime Rock Ridge was plowed first,Akin Park was the next logical development since they are connected by roads and the plow would have been going down that hill to Prairie Creek. • It was stated during this meeting that the policy was to plow curb-to-curb as you go with 6 inches of snow or less. More than 6 inches requires a one-pass path be created through all roads to provide some access to all property owners. Jerry responded that actually the drivers were legal in doing curb- to-curb plowing because it was 6 inches of snow. I pointed out that the recorded and reported snow in Farmington was 8 inches. This brings up a question that if policy is based upon inches of snow shouldn't the Superindendent have a source of determining what the snow fall was in depth? • In retrospect I find the statement that the driver"forgot"Akin Park to be difficult to comprehend. In professional terms I have always found our drivers to be very capable of handling their equipment and it is simply not believable that a professional/experienced driver could"forget"to plow a development of 100 homes which lies in between three other developments that he plowed. I find it equally difficult that a driver would drive past Pine Knoll and go 2 1/2 miles north because of concern for a hill in that subdivision which was"down hill"to work for those residents and to stay there and do complete plowing before returning to even provide a path for Pine Knoll residents who were 1320 ft. off of the main road! How about concern for those taxpayers? Some suggestions. • Standard routes should be established for each plowing area which are the most time efficient and provide reasonably equal relief to all residents. For example,the Pine Knoll,Hill Dee,Hill View& Terra plow area(more than 6 inches of snow)could be one pass through Pine Knoll,one pass through Terra and a pass through Hill Dee&Hill View with curb-to-curb plowing to be in reverse. Everyone gets some access quickly. In the case of the other questioned area a logical route would be a pass through Lime Rock,then Akin Park(1st),down the hill into Prairie Creek,left into Silver Springs and on around to the rest of Prairie Creek. Then curb-to-curb plowing in reverse. Again access for all and efficient. It would also be an added safety factor for emergency vehicles. • Another suggestion would be to examine the 6"criteria for snow emergency. If possible the Superindendent should have authority to declare 5 to 6 inches of heavy wet snow to be a snow emergency and then follow those rules in the plowing routine. For a lot of drivers 5 inches of heavy wet snow has a greater impact than 7 inches of light fluffy. I must say that I still have that instinctive feeling that this was politically motivated. I would very much like to feel otherwise because I have very strong feelings that that the most dispicable act that a public employee can do is use public equipment and position against taxpaying citizens. When a plow operator gets in that big truck with"The City of Farmington"on the doors.he is to serve all equal. That is the sign of a professional. There is no place for political retribution by public employees. This lingers with me because I know those involved to be too experienced and professional in the past to"drive by" 100 homes in Pine Knoll and to"forget"a hundred homes in the entire subdivision of Akin Park. If you can offer any additional information that could pursuade me that this was not political I would appreciate it. Also let me know if I have mis-stated any facts above. Sincerely, 07: W. Or . 19161 Echo Lane Farmington,MN. 55024 Date: November 27, 1995 Subject: Snow Plowing on November 27, 1995 To: Tom Kaldunski,City Engineer Through: Karen Finstuen, City Administrator I live at 19161 Echo Lane in Akin Park,First Addition,east of County Road 31. In years past I have always noticed that Akin Park was plowed between 5:30 A.M.and 6:30 A.M.with a minimum of"one pass"by the plow to allow residents some access to the streets. On this date,the first large snowfall of the season the situation was noticeably different. • When I went to work at 7:10 A.M.I noticed that none of Akin Park had been touched except 193rd Street had been plowed curb to curb east to the dead end. I further noticed that Akin Park second addition west of Co. Rd.31 had been plowed. I drove further into Fair Hills and noticed that all streets had been plowed there. I drove through Lime Rock Ridge and found that all streets there were plowed curb to curb, including all three cul-de-sacs,and curb to curb down to 193rd Street. • Next I drove to Silver Springs where all streets, including cul-de-sacs were plowed. Prairie Creek was mostly plowed with a single pass. ' • At about 8:15 A.M.I returned to find that Akin Park(east)had not been touched. I then drove to Prairie Creek to find that all of those streets were now plowed curb to curb, including one long dead end where no one lived. • I went to City Hall and talked to Jay Kennedy and Karen Finstuen about the situation. • At approximately 9:00 A.M.I returned and took pictures of the situation again noting that Lime Rock Ridge,Silver Springs,Akin Park Second(west),and Prairie Creek were done curb to curb, including cul-de-sacs dead ends etc. and Akin Park First had not been touched even with a one pass path. • At approximately 9:40 A.M. I picked up Mayor Kuchera to show him the situation. We drove through Lime Rock Ridge noting that all streets&cul-de-sacs were done curb to curb. We then drove through Akin Park First and noted that the plow was just starting(and that most streets did not yet even have a path plowed). We then drove to Prairie Creek and again observed that all streets, including dead-end non occupied streets were done curb to curb. I learned from City Hall that Lime Rock Ridge,Akin Park First,Silver Springs and Prairie Creek were to be done by the same driver. This raises a question: If the driver did Lime Rock Ridge first how did he get to Prairie Creek next without driving through Akin Park First? He would have had to almost intentionally go around that development via Akin Road to get to Prairie Creek. Why not drive through Akin Park First with the plow down creating a path for those citizens. Surely he knows that Akin Park First and Prairie Creek are now connected by a street! I will be requesting a meeting with Tom Kaldunski to go over this event after which I will request a written explanation explaining if this plowing sequence is in accordance with Farmington's snow plowing policy and I will want to know if this is the way it will continue. Sincerely, EON W. RR 11/27/1995 10:57 6124635467 ZMP ARTCC NCO PAGE 01 Date: November 27, 1995 Subject: Snow Plowing on November 27, 1995 To: Torn Kaldunski,City Engineer Through: Karen Finstuen, City Administrator i live at 1.9161 Echo Lane in Akin Park First Addition,east of County Road 31_ in years past I have always noticed that Akin Park was plowed between 5:30 A.M.and 6:30 A.M.with a minimum of"one pass"by the plow to allow residents some access to the streets. On this date,the first large snowfall of the season the situation was noticeably different. • When I went to work at 7:10 A.M.I noticed that none of Akin Park had been touched except 193rd Street had been plowed curb to curb east to the dead end. I further noticed that Akin Park second addition west of Co.Rd.31 had been plowed. I drove further into Fair Hills and noticed that all streets had been plowed there. I drove through Lure Rock Ridge and found that all streets there were plowed curb to curb,including all three cul-de-sacs,and curb to curb down to 193rd Street. • Next I drove to Silver Springs where all streets,including cul-de-sacs were plowed_ Prairie Creek was mostly plowed with a single pass. • At about 8:15 A.M.I returned to find that Akin Park(east)had not been touched. I then drove to Prairie Creek to find that all of those streets were now plowed curb to curb,including one long dead end where no one lived. • I went to City Hall and talked to Jay Kennedy and Karen Finstuen about the situation. • At approximately 9:00 A.M.I returned and took pictures of the situation again noting that Lime Rock Ridge,Silver Springs,Akin Park Second(west),and Prairie Creek were done curb to curb,including cul-de-sacs dead ends etc.and Akin Park First had not been touched even with a one pass path. • At approximately 9:40 A.M.I picked up Mayor Kuchera to show him the situation. We drove through Lime Rock Ridge noting that all streets&cul-de-sacs were done curb to curb. We then drove through Akin Park First and noted that the plow was just starting(and that most streets did not yet even have a path plowed). We then drove to Prairie Creek and again observed that all streets,including dead-end non occupied streets were done curb to curb. I learned from City Hall that Lime Rock Ridge,Akin Park First,Silver Springs and Prairie Creek were to be done by the same driver. This raises a question: If the driver did Lime Rock Ridge first how did he get to Prairie Creek next without driving through Akin Park First? He would have had to almost intentionally go around that development via Akin Road to get to Prairie Creek. Why not drive through Akin Park First with the plow down creating a path for those citizens. Surely he knows that Akin Park First and Prairie Creek are now connected by a street! I will be requesting a meeting with Torn Kaldunski to go over this event after which I will request a written explanation explaining if this plowing sequence is in accordance with Farmington's snow plowing policy and I will want to know if this is the way it will continue. Sincerely, EON W. ISR AGENDA REQUEST FORM Item No. Name: Karen Finstuen Department: Administration Date: December 15, 1995 MeetingDate: December 18, 1995 Category: Add On Subject: Adopt Resolution Ordering Advertisement for Bids for Project 96-4 - City Hall Remodeling Explanation: Reference Material/Responsibility Resolution/Advertisement 4j Referred To: (Name) Department • ah • /4-14.4±(4"4"----* Signature • PROPOSED RESOLUTION NO. R - 95 ORDERING ADVERTISEMENT FOR BIDS - PROJECT NO. 96-4 - CITY HALL REMODELING 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 of the 18th day of December, 1995 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 entered into an agreement with CNH Architects to prepare plans for project 96-4, City Hall remodeling, and; WHEREAS, said plans are now before the Council for its consideration. NOW THEREFORE, BE IT RESOLVED that: 1) Said plans are hereby approved. 2) The City Clerk shall prepare and 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 until 2:00 P.M. on January 16, 1996, at which time they will be publicly opened and read aloud and considered by the Council at its regular meeting of January 16, 1996, 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 se%sion on the 18th day of December, 1995. • Mayor Attested to the day of , 1995. Clerk/Administrator SEAL 6 ADVERTISEMENT FOR BIDS Contractor's sealed proposal for the remodeling of the Farmington City Hall for the City of Farmington, will be received until 2:00 pm on January 16, 1996 at the Farmington City Hall, in accordance with the plans and specifications prepared by Cording-Natwick-Hilbert Architects, Inc., 7300 W. 147th Street, Suite 504, St. Paul, MN 55124. Proposals will be received for general construction. Each proposal shall be accompanied by a bid bond, cashier's check or a certified check the amount of 5% of the proposal, payable to the Owner as a guaranty of the prompt execution of the contract in accordance with the proposal and contract documents, and that the bidder will furnish bond acceptable to the Owner covering performance of the contract. Proposals may not be withdrawn within forty-five (45) days after the opening without the consent of the Owner. Bidders may - obtain a full set of bidding documents from the office of Cording-Natwick-Hilbert Architects, Inc. with the receipt of a $75.00 payment. Prime bidders may receive a second set for an additional payment. NQ partial sets will be issued. Refunds will be given to all bidders that return the bidding documents in good condition • within fifteen days of the bid opening. Prime contractors which submit a bonafide bid will receive a full refund for their first set of documents. All other bidders and prime Contractor second sets will receive a $50.00 refund. Copies of the plans will be on file at the offices of the Owner, Architect, engineers and the following: F.W. Dodge Plan Room 7600 Parklawn Avenue, Suite 352 Minneapolis, MN 55435 • Builders Exchange of St. Paul 445 Farrington Street St. Paul, MN 55103 Minneapolis Builders Exchange 1123 Glenwood Avenue Minneapolis, MN 55405 CBCMD Plan Room 9443 Science Center Dr. New Hope, MN 55428 A prebid tour of the facility is scheduled for January 9, 1996 at 9:00 am. All bidders are encouraged to attend this tour to review the existing facilities. Only limited access will be provided at unscheduled times. The Owner reserves the right to reject any or all proposals, to waive irregularities and informalities therein, and further reserves the right to award the contract in the best interest of the Owner. • , 2 . (,_d (... c a.:.„s s , 13 0 kl L • f A r- =, =-/-i- ) NIII Lilt_- ,, A-= \i \ilt i7 0 "`�..' 13,---,' of • ) ' olL",.........4 v I ji ___.._ a=___ .o _ 4' [ j 1,... __ l 1