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HomeMy WebLinkAbout07.06.92 Council Packet AGENDA COUNCIL MEETING REGULAR JULY 6, 1992 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. May 19, 1992 - Special b. June 8, 1992 - Special c. June 15, 1992 - Regular d. June 22, 1992 - Special 4. CITIZENS COMMENTS a. Pine Street Driveways 5. PUBLIC HEARINGS a. 7:30 P.M. - Mineral Extraction Permit - Hoffbeck Trucking b. 7:45 P.M. - Silver Springs 2nd Addition c. 8:00 P.M. - Grading and Mineral Extraction - Seed Property 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Ken Meyers Resignation from the HRA b. Vacation of Oak Street c. Business Regulations - Billiard Parlors d. Design Center Study for Farmington 7. ORDINANCES AND RESOLUTIONS a. Amendment to Dog Ordinance b. Amendment to Parking Ordinance c. Water Utility Ordinance 8. UNFINISHED BUSINESS a. Nelsen Hills Farm Plat b. Low Density Housing 9. NEW BUSINESS a. Solid Waste Personnel - Proposed Changes 10. MISCELLANEOUS 11. CONSENT AGENDA a. Budget Adjustment - Fire Department b. Ordinance Amending Ordinance 092-265 - Bung Annexation c. Ordinance Annexing Parcel of Land Owned by Eugene Hildreth d. Resolution Relating to Developers Agreement - FAA Expansion e. Purchase of Radios - Police Department f. Temporary 3.2 License - St. Michael's Octoberfest g. Equipment Purchase - Public Works h. Equipment Purchase - Public Works i. Project No. 91-10 Completion Date Extension j . Capital Outlay Request - Public Works k. Amend Dakota County Estates 7th Developers Agreement - Letter of Credit 1. Southeast Area Storm Sewer Project m. Resolution Accepting Petition for Annexation - Robert Adelmann (Continued on Other Side) r't i ) AGENDA REQUEST FORM ITEM NO. NAME: Karen Finstuen DEPARTMENT: Administration DATE: June 16, 1992 MEETING DATE: July 6, 1992 CATEGORY: Approve Minutes SUBJECT: May 19, 1992 Minutes EXPLANATION: See attached memo REFERENCE MATERIAL/RESPONSIBILITY: Memo - Minutes REFERRED TO: (NAME) DEPARTMENT: SIGNATURE MEMO TO: MAYOR AND COUNCIL SUBJECT: MAY 19, 1992 MINUTES DATE: JUNE 25, 1992 Following is my interpretation of the amendments made to the Mayor by Ed Nelson for above referenced minutes. 1. The comments made by Councilmembers should reflect that they appeared to be negative. 2. The Mayor asked if the taxpayers could be stuck with the bill of $184,000. The answer was "It's very possible." 3. Councilmember Galler stated we could take a $184,000 loss and walk away or put the mesrsq into something that we have a greater concern for. Gt, rho. If you have any questions, please let me know. Karen Finstuen Administrative Assistant MINUTES CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY MEETING SPECIAL MAY 1.9, 1992 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Orr, Galler, Rotty Members Absent: Mayer Also Present: Administrator Thompson 2. The purpose of the meeting was to discuss proposed uses for the Exchange Bank Building. 3. HRA Executive Director Henricks presented an overview of the Exchange Bank Building noting the following: a. History of the building b. National Registry c. Joint efforts by the Council and HRA to rehabilitate it d. CDBG deadline - June 30, 1993 e. Previous attempts to rehabilitate - 1. Mixed use - residential/commercial 2. Rehabilitation south 1/2 block 3. Restaurant/banquet facility f. Survey results - Logia/ Rail Road Depot - 3; Exchange rehaz::litation - 95 4. The following comments were received: 1. Available funding (historic) • 2. Tax Advantages - Tax credits and quali::.:rations (75% restoration) 3. Deteriorating conditions 4. Local financial commitments to date - CDBG funds - $184, 00 5. Minimum dollars to restore - $150,000 t.: $200,000 5. Ed Nelson was adamantly opposed to rehabilitating the Exchange Sank Building because of limited interest. City Planner Charles Tooker indicated that because of its unique architectural style it would be a great loss to the community if it was torn down. 6. The following suggestions for uses were made: 1. Library 2. Cultural Arts Center (Chorale, theater, historical society) 3. Office 4. Chamber of Commerce Office 5. Bank 6. Restaurant 7. Dance Hall 8. Museum 9. Bed and Breakfast 10. Hotel 11. Coffee Shop 12. Apartment Building 13. Retail - Specialty Sh.-T 14. Professional Building 15. Dental/Medical Office 16. School 17. County office 18. Pool Hall /FP • 19. Incubators 11 20. Telecommunications 21. Tourist Information Center 22. Dance Studio 23. Health Center 24. Liquor Store (private) 25. Satellite FAA center 26. Child Care Center 7. It was suggested by a number of individuals that the City would have to look beyond the Exchange Bank Building itself in order to attract a developer. It was suggested that the Council and HRA assume all uses were financially feasible and to begin identifying a funding source. Questions were raised whether there would be a use which would generate sufficient funds to finance the building. The following funding sources were explored: 1. Tax incentives 2. Public Fund Raiser 3. Charitable Gambling 4. Foundations 5. National Historical Society 6. Joint Community funds 7. Service groups 8. Grant Programs 9. Volunteer Labor 10. School Fund Raisers 11. Private funds 8. Questions were raised as to what to do in the short run. The status of the CDBG grant was discussed. It was agreed that the list should be narrowed down. Councilman Rotty suggested the extension of the CDBG deadline be strongly pursued. 9. It was agreed to meet again in a joint session to be determined by the Executive Director and Administrator. 10. Motion by Member Orr and second by Member Rotty to adjourn at 9:10 P.M. APIF, MOTION CARRIED. Respectfully submitted, , iciA 1-2744 L�rfr' Thompson son P City Administrator Approved \.. AGENDA REQUEST FORM ikt/.Le_4///fTEM NO. a . NAME: Gerald A. Henricks �j _ DEPARTMENT: HRA aQ --(3' DATE: June 26, 1992 y� � „ otigl effe—IL/-\ MEETING DATE: July 6, 1992 �'�/ CATEGORY: Petitions, Requests & Communications 7' '"� SUBJECT: Ken Meyer resignation from HRA EXPLANATION: REFERENCE MATERIAL/RESPONSIBILITY: Memo REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Jerry Henricks HRA 44.4011N1/40444.411) SIGNATURE • MEMO TO: LARRY THOMPSON SUBJECT: KEN MEYER RESIGNATION DATE: JULY 1, 1992 On June 16, 1992 Ken Meyer submitted his resignation from the Farmington Housing and Redevelopment Authority effective immediately. At the HRA June 22, 1992 meeting the board accepted Ken Meyer's resignation. The HRA requests the City Council to fill the vacancy left by Meyer's resignation whose term expires on January 31, 1996. The board faces some very crucial decisions in the next couple of months. These decisions relate to the Elm Park project. With two members of the board having possible conflicts of interest, this creates a lack of a quorum for voting purposes on the Elm Park project. Therefore, the lack of a quorum prevents the board from taking the appropriate action to complete this project. Presently, the development agreement for the 42 unit apartment complex has not been signed by the HRA although the terms of the agreement are satisfactory to the two voting board members. Would it be possible for the Council to appoint one of its members as a temporary replacement for Ken Meyer? When the Council has completed their interviews for the vacancy, the temporary appointee would step down allowing the newly appointed HRA member to his/her seat. If there are any questions, please feel free to contact me. 4:4;0/1 #-'1400444.1) Gerald A. Henricks HRA Executive Director GAH/js cc: GAH AGENDA REQUEST FORM ITEM N0. NAME: Daniel M . Siebenaler DEPARTMENT: Police �`• DATE: June 18 , 1992 -- b ----- MEETING DATE: July 6 , 1992 CATEGORY: Ordinances & Resolutions SUBJECT: Parking Ordinance EXPLANATION: Amendment to Parking Ordinance per Council Direction REFERENCE MATERIAL/RESPONSIBILITY: Ordinance attached REFERRED TO: (NAME) DEPARTMENT: Larry Thompson City Administrator Karen Finstuen Administrative Assistant SIGNATURE 9-1-4 (f ) Between 2 AM and 5 AM, no person shall park any vehicle in excess of 7 , 000 pounds GVW or any trailer on any City street except that the owner of a vehicle under 15 , 000 pounds GVW may apply to the Farmington Police Department for temporary parking permit , not to exceed 3 consecutive days or 6 days annually . Such permit to be issued only with the written consent of the property owner (s ) directly adjacent to the parked vehicle. No property owner may authorize more than three permits per calendar year. I 4. AGENDA REQUEST FORM ITEM NO. q(di NAME: Tom Kaldunski P(.vQ S.j""e:Yr"fi— DEPARTMENT: Public Works ,049-6- 1 -4'5( /?°13‘' DATE: June 5, 1992 (/ 0-1 MEETING DATE: July 6, 1992 n \ CATEGORY: New Business SUBJECT: Solid Waste Personnel - Proposed changes EXPLANATION: Proposition of two full-time permanent positions. REFERENCE MATERIAL/RESPONSIBILITY: Memo REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Russ Matthys Public Works SIGNA MEMO TO: LARRY THOMPSON SUBJECT: PROPOSAL FOR SOLID WASTE DATE: JUNE 26, 1992 The purpose of this memo is to outline a proposal for manpower and equipment needs for the Solid Waste Operations of the Public Works Department. This proposal is based upon numerous meetings to get input and ideas from the crews and Administration. These meetings have been taking place over the last few months. One of the major concerns raised in most of the meetings is the impact of the Solid Waste operations on other division of the Public Works department (See attached #1 existing Department Organizational Chart) . Currently, Solid Waste operations regularly request supporting manpower from the street and utility crew (averages 12 hours/weekly and 624 hours/year). Since the termination of the Solid Waste Coordinator's position, the Assistant City Engineer has been supplementing the Solid Waste operations for 10 to 15 hours per week (780 hours per year) to fill in on various solid waste duties (ie. customer contact, grant review and applications, weight based system implementation, etc.) . In addition, the department has an 8 month part time position in the Solid Waste operations to assist in the collection of Solid Waste (1386 hours/year) . When these manpower needs are considered as a whole, it becomes apparent that an additional permanent position (40 hours/week, 2080 hours/year) is necessary for Solid Waste operations. In addition, the Street and Utility and Engineering crews have a heavy work load due to the growth of the community. These crews have enough duties to utilize the resources currently available. One intent of this proposal is to establish the actual manpower needs of the solid waste operations at sufficient levels to complete the assigned duties without the continued impact on other Public.Works operations. The Solid Waste operations are funded by revenues generated by this enterprise. It is imperative that the Solid Waste operations be able to stand alone in completing the duties, without a continuous impact on the other Public Works activities. Impacts for double pickup days, clean up days and breakdowns are understandable and to be expected. This enterprise should stand on its own. Attachment #2 is the proposed Public Works department organizational chart. Note that it is proposed to establish a Permanent Foreman (currently filled by an interim position) and to add a new position titled - Solid Waste Operator II, (Note similarity to Street and Utility operations) . Currently, Benno Klotz has been appointed to the position of "Interim Solid Waste Foreman". The appointment was given on September 5, 1990 with a $1.00/hour increase in pay over the Maintenance Worker I position which Benno holds. The 1992 Budget was originally established with a permanent Solid Waste Foreman position and an 8 month part time Solid Waste Operator and Maintenance Worker I position filled currently by Benno. It is proposed that a Solid Waste Operator II position will also be needed in lieu of the part time position. It is recommended that the City fill 2 permanent positions as soon as possible (Solid Waste Foreman and Solid Waste Operator II) . Note that a proposal to address the Maintenance Worker I position may be brought forth at a later date depending upon who fills these two positions. In addition, it is anticipated that another Solid Waste Operator I position will be needed in 1995. Attached to this report are the proposed job descriptions for the positions discussed: Position Prel.. m;r.ar« G'-AdP Solid Waste Foreman 8 Solid Waste Operator II 6 Solid Waste Operator I 4 Solid Waste Worker 3 I have done a preliminary review of these positions in accordance with the City's The following are the preliminary grade's which Comparable Worth study and grade. I would recommend at this time. These preliminary grades will help establish budgetary estimates and provide the basis for wages to be shown in the advertisements. Before the new employee's are hired, the City's Wage Committee and Department Heads should review the job descriptions to verify and get the final job grade classification as required by the policy. HISTORY OF GROWTH AND MANPOWER In 1985, the City's Solid Waste operation consisted of 3 1/2 men (7280 hours) operating 2 rear loader packers, 1325 customers were serviced by these crews and equipment. The City population was 5140 in the 1987 special census. Many changes have occurred since then. The City turned to automated collection to improve efficiency because of continued growth. New laws required residential curbside recycling. Other services such as spring and fall cleanup days, Christmas tree collection, special pickups on request, commercial recycling have been added. In 1992 the city's solid waste operations consisted of 4.75 full time employees (9880 hours) 2 Automated collection vehicles, 2 rear loader packer trucks, 1 recycling truck with trailer combination and 1 hook lift vehicle. 1870 customers are serviced by these crews and equipment as of April 1, 1992. Mandatory garbage collections is being required in August, 1992. This will add approximately 75 customers to the list. In addition, up to 5 residental subdivisions with approximately 450 residential lots have been proposed for development. Assuming that the lots will be developed and houses built over the next 5 years, it is estimated that the city will be providing solid waste collections to 2400 customers by the year 1997. These growth projections indicate that there will be a definite growth in the demand (+28%) for the city Solid Waste services which shall result in additional manpower and equipment for the Public Works department. (Note, Similar projections apply throughout the city) . Review of Current Operations Currently, the city services its residential customers with an automated Solid Waste Collection vehicle (Rapid Rail) . This unit services 1800 residential customers each week, emptying the 90 gallon containers, an average of 360 customers per day. 70 commercial customers are typically serviced by an automated Solid Waste Collection Vehicle (Wayne) as outlined below: Day # of Customers Monday 50 Tuesday 43 Wednesday 24 Thursday 33 Friday 56 With the new city Industrial Park and the proposed Elm Park developments, the number of commercial customers could rise by 20 to 25 (a 30%+ potential) over the next 5 years. 360 residential customers per day are currently provided curb- side recycling with International truck with 5 compartment recycling body and a 20 foot, 2 compartment trailer for cardboard and plastic jugs as follows: This system is at its peak capacity and additional manpower is added to the crew on the peak days serving the growing areas in the north portions of the City. This system also needs to be updated and automated to improve its efficiency. Currently, there is too much manual handling of recyclables in the process. Based upon the earlier projections it becomes apparent that the City needs to add to its curbside recycling as soon as possible to keep up with the growth. Based upon the number of customers estimated for 1997, the city needs 2 curb- side recycling units. Also, note that the city currently does not have any back up recycling collection system available to date. In the event that the recycling truck became inoperable for some length of time, the department would experience serious problems. 2 units would provide backup of each other. This is very important. In reviewing a recent study on commercial recycling, it is apparent that many of the commercial customers are doing a great job recycling, however, this study also points out that there is a strong potential for more growth in commercial recycling. This growth will most likely follow the implementation of the weight based billing system. The demand for commercial recycling will increase. It should be noted that the city is preparing for some of this demand by utilizing the County Landfill Abatement Grant to purchase additional recycling containers of all sizes. Existing Budget and CIP 1992 - $10,000 for Recycling Truck 1995 - $90,000 for Packer 1993 - $90,000 for Packer 1996 - $50,000 for Recycling Truck 1997 - $50,000 Unknown $300,000+ over the next 5 years Proposed Changes in Equipment Needs 1. Hold off on 1992 recycling trailer purchase until 1993. Carry over $10,000 in budget to 1993. 2. In 1993 revise needs from buying new packer (in part due to weight based grant and Wayne purchase) . Convert this noted below: a. $10,000 - To redo best packer b. $30,000 - For new truck chassis for best packer. c. $10,000 - For 12'X 8' recycling trailer (cardboard only- multi-tech compatible) . d. $50,000 - For new recycling truck - Right drive, Walkout cab, side to top load mechanism, Compartment for plastic jugs and cans. 6 comnartments on truck. { P equipment 3• projected'ected a ui ment budget for 1993 to 1997 as it relates to collection vehicles can remain as shown above. Based upon this report, it is my recommendation that the Council authorize the Public Works department to proceed with the following actions: 1. Fill the permanent Solid Waste Foreman position 2. Fill the permanent Solid Waste Operations II position 3. Authorizing preparations of specifications for the: a. Purchase of a new recycling truck b. Purchase of a new recycling trailer c. Retrofitting of old packer body d. Purchase of new truck chassis for packer body. Items 1 and 2 should be advertised immediately. It is estimated that it will take 2 months to fill these positions. Item #3 should begin as soon as possible with an anticipated bid date in the fall of 1992 to allow 6 months for delivery of the equipment in late winter of 1993. The Finance Department will be conducting a fiscal review of this proposal to determine the impact of this proposal. It is anticipated that a rate increase will be necessary to implement this proposal. Thomas J. Kaldunski City Engineer/Public Works Director TJK/sm cc: file Mayor and Council Wayne Henneke Benno Klotz Russ Matthys TJK Memo to: Mayor & Council Date July 1, 1992 Re Solid Waste Personnel - Financial Analysis It is being requested of the City Council to approve a permanent Solid Waste Foreman position and to create a new permanent Solid Waste Operator II position. It is also requested not to purchase the $90, 000 automated truck budgeted in 1993 but to purchase the following items : Packer Retro-fit - $10, 000 Chassis - 30, 000 Recycling Truck - 50, 000 It is further requested to purchase the $10, 000 recycling trailer in 1993 instead of 1992 . The 1986 - 1997 Solid Waste Analysis and the 1992 Budget have been updated reflecting closer projections in revenues, expenditures, debt service, and the above request. It is recommended to increase the 90 gallon container rate from $49/quarter to $55/quarter, approximately a 12% increase. It is not recommended to increase the 300 gallon container rate due to remaining competitive in the market place. The increase will not only fund the needed personnel changes in solid waste but will also provide working capital in the Solid Waste Fund which is needed to strengthen the fund. The rates of $55/quarter for 90 gallon service and $169 . 20 for 300 gallon service are competitive with private haulers in Dakota County as depicted below: 90 Gallon 1 1/2 Yd. Service Service Lakeville Sanitation $59 . 10/qtr. $195 . 00/qtr. Dick ' s Sanitation 59 . 10 195 . 00 Mendota Heights Rubbish 56 . 10 165 . 00 Knudtson 55 . 86 150. 00 - 210 . 00 Browning Ferris 59 . 25 171 . 00 Mike ' s Disposal 63 . 75 Not Available Quality Waste Control 64 . 50 168 . 00 Farmington (Present) 49 . 00 169 .20 //60C41 :44 WaynneE E . `Henneke Finance Director c. c . Larry Thompson, City Administrator Tom Kaldunski, Public Works Director .iLl.VL Lail i. 1 file CITY OF FARMINGTON POSITION DESCRIPTION POSITION: SOLID WASTE OPERATOR II PURPOSE AND SCOPE: Assists and supports the Public Works Director and the Solid Waste Foremen in main- taining and performing the day to day operations of the Solid Waste Department. RELATIONSHIPS: Reports To: Public Works Director/City Engineer Solid Waste Foreman Gives Work Direction To: Solid Waste Operators I Solid Waste Workers Part Time Workers SPECIFIC RESPONSIBILITIES: TASK 1. General Administration 1.1 Assists the Public Works Director with the preparation of the department Capital Improvement Program. 1.2 Coordinates the submittal and approval of all Federal, State and local grants and loans relating to the operation and implementation of a total waste management system. 1.3 Responsible for the coordination of a comprehensive recycling program, including design and education. 1.4 Responsible for solid waste/system compliance with all Federal, State, and local regulations. 1.5 Responsible for administering all waste system grants and loan programs and assuring compliance with rules and regulations. Assists the Solid Waste Foreman in the folowing: 1.6 Negotiates and secures markets for the disposal/sale of waste. 1.7 Maintains required records. 1.8 Maintains a continuous search for solid waste grant monies. 1.9 Supervises the Solid Waste operations in the absence of the Public Works Director and the Solid Waste Foreman. 1. 10 Provides liaison services with Dakota County. TASK 2: Solid Waste Collection 2.1 Responsible for the collection of all mixed solid waste. 2.2 Assists Solid Waste Forman with submitting billing information to Finance. 2.3 Operates Solid Waste equipment during the course of duty. TASK 3: Recycling 3.1 Operates recycling equipment during the course of duty. 3.2 Works with the public and agencies to provide an on-going recycling education program. TASK 4: Equipment 4.1 Responsible for the repair and maintenance of all solid waste equipment. 4.2 Assists reviewing and evaluating all Solid Waste equipment as to needs and recommends accordingly. The above statements describe the principal functions of the job identified, but shall not be construed as an exclusive listing of all the work requirements that may be inherent in the job. Minimum Qualifications High School diploma plus a minimum 2 years Vo-Tech in related fields, plus 2 years of record keeping (accounting-type) skills or equal. Class "A" driver's license. CITY OF FARMINGTON POSITION DESCRIPTION POSITION: Solid Waste Worker PURPOSE AND SCOPE: Loads solid waste into collection vehicles. RELATIONSHIPS: Reports to: Solid Waste Foreman SPECIFIC RESPONSIBILITIES: 1. Loads solid waste into collection vehicle on a daily basis. 2. Loads commercial dumpsters onto truck. 3. Assembles and delivers solid waste containers. 4. Performs routine repair and maintenance to vehicles and equipment. The above statements describe the principal functions of the job identified but shall not be construed as an exclusive listing of all the work requirements that may be inherent in the job. Minimum Qualifications High School diploma. Ability to lift heavy items continuously. 69 CITY OF FARMINGTON POSITION DESCRIPTION POSITION: Solid Waste Operator I PURPOSE AND SCOPE: Operates a Solid Waste Collection vehicle and disposes of solid waste. RELATIONSHIPS: Reports to: Solid Waste Foreman SPECIFIC RESPONSIBILITIES: 1. Operates automated and manual loading solid waste collection vehicle. 2. Operates recycling truck on established routes. 3. Drives trucks to the sanitary landfill or processing facilities for disposal of solid waste. 4. Loads solid waste as necessary to make optimum use of equipment. 5. Completes daily log as required. 6. Assembles and delivers solid waste containers. 7. Performs routine repair and maintenance to vehicles and equipment. The above statements describe the principal functions of the job identified but shall not be construed as an exclusive listing of all the work requirements that may be inherent in the job. Minimum Qualifications High School Diploma. Class 'A" drivers license. Ability to lift heavy items continuously. 68 • CITY OF FARMINGTON POSITION DESCRIPTION POSITION: Solid Waste Foreman PURPOSE AND SCOPE: Directs and performs the day to day operations of the Solid Waste Department. RELATIONSHIPS: Reports to: Public Works Director/City Engineer Gives Work Direction to: Solid Waste Operators I & II Solid Waste Workers Part Time Solid Waste Workers SPECIFIC RESPONSIBILITIES: TASK 1. General Administration 1.1 Oversees the daily operations of the Solid Waste Department and schedules manpower accordingly. 1.2 Prioritizes work assignments to assure adequate functioning of essential services. 1.3 Assists the Public Work Director with the preparation of the department's Capital Improvement Program. 1.4 Submits purchase orders to the Public Works Director for department supplies and equipment maintenance. 1.5 Recommends the hiring of part time employees to the Public Works Director. 1.6 Maintains required records. 1.7 Supervises the Solid Waste operations in the absence of the Public Works Director. 1.8 Works directly with the Solid Waste Coordinator on a daily basis to facilitate and strengthen necessary communications between on-the-street and in-the-shop operations, and overall Solid Waste administration and planning. TASK 2. Collections 2. 1 Responsible for the collection of all mixed solid waste. 2.2 Dispatches special garbage pickup and submits billing information to Finance. 2.3 Operates Solid Waste and Recycling equipment during the course of duty. TASK 3. Equipment 3. 1 Responsible for the repair and maintenance of all solid waste equipment. 3.2. Reviews and evaluates all solid waste equipment as to needs and recommends accordingly. The above statements describe the principal functions of the job identified, but shall not be construed as an exclusive listing of all the work requirements that may be in- herent in the job. Minimum Qualifications High School diploma plus 2 years VoTech in related fields, plus 2-4 years supervisory experience. Class "A" drivers license. July 8, 1992 Harvey Snyder Century 21 409 3rd Street Farmington, MN 55024 Re: 310 Division Street Dear Harvey, This letter is in response to your request for reimbursement from the City for your client for attorney's fees relating to 310 Division Street. The City Council addressed the matter at its July 6th meeting and denied the request based on the reasons stated in my June 25th memo to the Council, a copy of which you should have received. If you have any questions, please contact me. Yours truly, /,471279'"-- Larry Larry Thompson City Administrator cc: file Mayor and Council Wayne Henneke LT/mh City e4 FauttiIgfogt 325 Oak Sheet • Faneciegfex, KIN 55024 • (612) 463-7111 AGENDA REQUEST FORM ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: June 24, 1992 MEETING DATE: July 6, 1992 CATEGORY: Consent SUBJECT: Deny Request for Payment of Attorney Fees - 310 Division Street EXPLANATION: Deny Request that the City pay for Dr. Hunter's attorney fees relating to the amended condemnation order. REFERENCE MATERIAL/RESPONSIBILITY: Request/Memo - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Wayne Henneke Administration MEMO TO: MAYOR AND COUNCIL SUBJECT: REQUEST FOR PAYMENT OF ATTORNEY'S FEES - 310 DIVISION STREET DATE: JUNE 25, 1992 Attached please find a letter from Century 21 requesting the City pay for the attorney fees relating to an amended condemnation order affecting 310 Division Street. It is recommended that the Council deny the request for the following reasons. 1. Assuming the City was responsible for the error in description, the City settled its responsibility when it prepared and approved the quit claim deed per the advice of Mr. Hunter's attorney. If the City had been advised that an amended order was required, Mr. Harmeyer would have prepared the amended order instead of the quit claim deed. 2. While Mr. Harmeyer was aware that the amended order was being prepared, he indicated that he made it clear that he had no authorization to prepare the order or to authorize Dr. Hunter's attorney to prepare it on behalf of the City. 3. Mr. Harmeyer indicated the $897 fee was a great deal more than he would have charged, which was probably due to the limited time frame. Larry Thoi pson City Administrator cc: Dave Harmeyer Wayne Henneke Karen Finstuen Harvey Snyder file .�.,�4;.r > yr r .r,- � CITY OF FARMINGTON Farmington Realty • U N 2 3 1992 409 Third Street uJ +�� Farmington, Minnesota 55024 (612)463-7471 [11 MUN 11MUI 2 Tune. 22 , 1992 Mr. Larry Thompson Administrator City of Farmington 325 Oak Street Farmington, Minnesota 55024 . RE 310 Division Street Dear Mr. Thompson: The closing for the sale of the above captioned property did take place on June 17 , 1992. There were however, a couple of points which were raised -which I must share with you and ask that they be presented to the council for their consideration. First, the quit ^_.laim deed contains an error '' in the description according to the buyer 's attorney. The quit claim deed describes the addition as Feely 's Addition, instead of P. H. Feels' Addition to Farmington. Due to this difference , we will need a newly executed quit claim with the correct description. Secondly, the buyer's objected to receiving a quit claim deed and not an amended order of the original condemnation. In order to satisfy this requirement, and proceed t-ro-__�eq_} tt_ close this transaction in a timely fashion, Dr. Hunter 's attorney _prepared this order, had it executed by Judge Michael Sovis , and filed for recdrd with the District Court. This was completed with the knowledge of Attorney Harmeyer. Dr. Hunter 's attorney, Howard J.. Groves has billed him $397 . 00 , for -obtaining this amended order. Please present this bill to the council for their consideration. Dr. Hunter and Dr. Johnson feel that the city should be responsible for • obtaining the necessary documentation to provide clear title. The error in description was unfortunate , but clearly the responsibility of the city. We understand that the same order could have been obtained from the City Attorne=r , hiif 40Uld have taken more time iOa' council _n:��trt1C�"'�----- -� well as wor`t-�ing it into his hedule. No doubt , the amount oflegal fees involved would have been comparable. • Farh nffiro lc Inrlononrlontly(lumarl dnr1 nnaratarl -2- If you have any questions regarding the attached billing, please feel free to call me at 463-7471. Thank you for your consideration in this matter. Si icerely. -L ` __arv� r F. 3n�der. Broker Enc: Quit Claim Deed Amended Order Attorney 's Bill HFS: prp • STREEELAND, GROVES 8 JACOW ATTORNEYS AT LAW INDIVIDUAL PRACTITIONERS QUITE 263 • SKYLINE SQUARE RUSSELL L, 5TREEFLAND 12940 HARRIET AVENUE SOUTH BURNSVILLE. MINNESOTA 5:1337 HOWARD I, GROVES June 17 , 1992 TELEPHONE 612-810-2477 TELECOPIEK (112-8=10-2547 WAYNE A. IACOW M.H. HUNTER, MD GRAYDON JOHNSON, DDS C/O CENTURY 21 FARMINGTON REALTY 409 THIRD STREET FARMINGTON MN 55024 RE: Hunter 06/04/92 Telephone call with Mona; review Purchase Agreement, Addendum and Agreement; telephone call with Mona $ 156.00 06/12/92 Telephone call with Mona regarding erroneous inclusion of property in the City of Farmington condemnation proceeding; review letters; telephone call with Mona; telephone call with attorney Syverson; telephone call with Mona 06/16/92 Review material from Buyer' s attorney; research; telephone call with Mona; telephone call with Bonnie O'Malley Review Condemnation Petition, Notice and Order; telephone call with Mona; telephone call with attorneys Syverson and O'Malley; prepare Amended Order 06/17/92 Telephone call with attorney Harmeyer; telephone call with Mickey; telephone call with Harvey; telephone call with attorney Harmeyer; telephone call with Harvey; telephone call with Court; prepare Non- foreign Person Affidavit; letter to Mickey; telephone call with attorney O'Malley; telephone call with attorney O'Malley; to Apple Valley, conference with Judge; obtain Order; conference with Harvey; telephone call with Mona $ 897.00 For professional services rendered $1,053.00 Previous balance $1,420.00 aalance Due $2,473.00 AGENDA REQUEST FORM ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: May 28, 1992 MEETING DATE: June 1, 1992 CATEGORY: Add On SUBJECT: Approve Quit Claim Deed - West 300' of Dr. Murray Hunter Property EXPLANATION: During the title review of the sale of the River Valley Clinic building to Larry Ihle, it was discovered that the west 300' was inadvertently deeded during condemnation to the City. Harvey Snyder is preparing the background information and will present it at the meeting. REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Jim Bell Administration Charlie Tooker Administration SIGNATURE FROM FREDRIKSON & BYRON 5.27. 1992 13:47. F. 4 FREI?RIKSON & RYRON APROPk QhM.AssuASAflan Mr. and Mrs. Larry D. Ihle May 27, 1992 Page 2 That part of the SE 1/4 of NW 1/4 of Section 31, Township 114, Range 19, lying East of the Vermillion River west of the platted portion of Farmington which lies within a distance of 75 feet on each side of the center line of Trunk Highway No. 65, Together with all right of access except between points distant 120.2 feet and 160.2 feet westerly of the west line of Division Street; ALSO, the right to erect temporary snow fences upon lands adjacent thereto. We require that a release of this snow fence easement be obtained from the State of Minnesota and recorded. The right of access reserved pursuant to this Final Certificate was extinguished pursuant to instrument dated October 10, 1964, filed December 31, 1964 in Book 264 of Mortgages, page 500. We require that evidence of access to the property be provided. (Th 3, i The City of Farmington acquired part of the SW 1/4 of 1/4 for park purpbses-ley! condemnation evidenced by Order filed�ebruary 25, 1974 as Document No.,g, 430334 and filed June 14, 1979 as Document No. 539031. It appears that the West.360"feet of the Premises were included in this condemnation regardless of the fact that the then current owner was not named in the action. We that require a deed be obtained from the City and recorded. 4. Judgment by Norman A. Hansen vs. Rivers Edge Medical Clinic docketed September 2, 1986 in Case No. CC 14020 in the amount of$347.00. We require a satisfaction of the judgment. 5. We have based this opinion upon an abstract of title containing 77 entries last certified to by Chicago Title Insurance Company on April 16, 1992. 6. A survey of the premises prepared by Donald H. Campbell dated January 27, 1964 has been supplied for our review. Based on that survey, a barn foundation encroaches on the premises and a sidewalk is shown on the southerly property line which appears to benefit the premises. We require evidence of the demolition of the barn. If it still exists, please check with us for further requirements. We also require an easement over the sidewalk area which provides the purchaser, its employees and business invitees the exclusive right to use the sidewalk. Ft S eLt?, 'NIL; C , ' S Cul (t__6L,t_„ ibLt, :f7 -aL 1)) /-[57.:c ' i /75c/ ,S :715-•_ c) Yt `- T 7\ • • to l,v D C r.. p W ' 0 "'0 0• D o 32s XiC C . 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