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09.17.12 Council Packet
City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING September 17, 2012 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during"Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (9/4/12 Regular) (9/10/12 Workshop) Approved b) Appointment Recommendation Finance Director—Human Resources Approved c) Medical Loss Ratio (MLR) Rebate Distribution—Human Resources Approved d) Acknowledge Resignation Fire Department—Human Resources Acknowledged e) City Administrator Evaluation Summary—City Attorney Information Received f) Recycling Association of MN Annual Conference—Municipal Services Approved g) MN State Fire Chiefs Conference—Fire Department Approved h) MN Water Resources Conference—Engineering Approved i) Adopt Resolution—Tax Forfeiture Parkview Ponds Outlots -Engineering R34-12 j) Approve Temporary On-Sale Liquor License VFW—Administration Approved k) Approve Temporary On-Sale Liquor License Farmington Liquors - Administration Approved 1) Adopt Resolution—Approving Gambling Event Permit Farmington Firefighters Auxiliary Association—Administration R35-12 m) Approve Game Ice Rental Agreement Farmington School District—Parks and Recreation Approved n) Approve Bills Approved o) Salary Investigation Summary-Administration Acknowledged REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed Speakers will be given at least three minutes to speak per item.Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS a) Adopt Resolution-Approving Modification to TIF Plan for HRA Redevelopment District No. 2—Administration R36-12 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution—Approving 195th Street Assessments—Engineering R37-12 12. NEW BUSINESS a) Ice for Tigers Presentation—Administration Approved 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda 3 Approve Council Minutes (9/4/12 Regular)(9/10/12 Workshop) Regular Minutes 5 Workshop Minutes 11 Appointment Recommendation - Finance Appt Rec_RHanson 16 Medical Loss Ratio (MLR) Rebate Distribution Med Loss Ratio Distribution 17 Acknowledge Resignation - Fire Department Ack Resignation_McCann 19 City Administrator Evaluation Summary Memo 20 Recycling Association of MN Annual Conference- Municipal Services Memo 22 Conference Brochure 23 MN State Fire Chiefs Conference Memo 32 Conference Brochure 33 Minnesota Water Resources Conference Water Resource Conference 37 Adopt Resolution -Tax Forfeiture-Parkview Ponds Outlots Parkview Ponds Tax Forfeit Property 091712 38 Tax Forfeit Property-Parkview Ponds Outlots 091712 39 Parkview Ponds Plat 41 Approve Temporary On-Sale Liquor License VFW Memo 42 Applications 43 Approve Temporary On-Sale Liquor License Farmington Liquors Memo 46 Application 47 Adopt Resolution -Approving Gambling Event Permit Farmington Fire Fighters Auxiliary Association Memo 48 Resolution 49 Approve Game Ice Rental Agreement with Farmington School District memo 50 agreement clean version 51 agreement signed marked up version 53 Approve Bills Bills 55 1 Adopt Resolution -Approving Modifications to TIF Plan for HRA Redevelopment District No. 2 Memo 79 Adopt Resolution -Approving 195th Street Assessments 195th Street Assessments 091712 104 195th Street Assessment Resoulution 091712 105 195th Parcels 108 Ice for Tigers Presentation Memo 109 2 7a COUNCIL MINUTES REGULAR September 4, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Donnelly(arrived 7:03), Fogarty, May Members Absent: None Also Present: Andrea Poehler, City Attorney;David McKnight, City Administrator;Brian Lindquist, Police Chief;Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer;Todd Reiten, Municipal Services Director;Brenda Wendlandt, Human Resources Director;Tim Pietsch, Fire Chief; Cynthia Muller, Executive Assistant Audience: Adam Steffen, Lynne Halterman, Jeff Thelen, David Pritzlaff 4. APPROVE AGENDA MOTION by Fogarty, second by May to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim September Tie It Teal Month Mayor Larson proclaimed September Tie It Teal Month for ovarian cancer awareness. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes(8/20/12 Regular) b) Approved Rescue Squad Membership—Fire Department c) Approved School and Conference-Planning d) Approved School and Conference Heritage Preservation Commission-Planning e) Approved Bills APIF,MOTION CARRIED. 5 Council Minutes(Regular) September 4,2012 Page 2 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License Hadler Family Chiropractic- Administration Mr.Adam Steffen has applied for a Therapeutic Massage License to practice at Hadler Family Chiropractic, 625 8th Street. MOTION by Fogarty, second by May to close the public hearing. APIF,MOTION CARRIED. MOTION by Fogarty, second by May to approve a Therapeutic Massage License for Adam Steffen at Hadler Family Chiropractic, 625 8th Street. MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution—Approve 2013 Preliminary Tax Levy and Budget- Administration City Administrator McKnight presented the 2013 preliminary budget. His biggest concern for the financial state of the City has been the status of the general fund budget. We have the most money in the general fund on December 31. We spend that money until we receive the first half property taxes in June. That money is spent down again until we receive the second half property taxes at the end of November. In 2011 the general fund dipped below zero for two months out of the year. We have gone below zero two to four months annually since 2008. We have already gone below zero in two months in 2012. His second concern is we ended December 2011 between$2.2 and$2.3 million in the general fund balance. We have a$10 million general fund so that means we have a 22%-23%general fund balance. The state auditor recommends a 35%- 50%fund balance at the end of each year. City Administrator McKnight presented a 2013 budget of $10,060,366 which is a 0.46% increase. Staff is also proposing$8,808,865 tax levy which is a 2.84%or$242,000 increase over 2012. He presented a breakdown of the budget by department. Administration,Human Resources, Finance and Police budgets have a small increase to a significant decrease. The Fire Department has the largest increase because of new equipment and building upgrades. Engineering has personnel costs transferred to their budget from other funds. Municipal Services had a$40,000 payment for work on Flagstaff Avenue. There is also a$10,000 storm clean-up line. Parks and Recreation budget has increased trail maintenance and the transfers are down significantly because we have one time transfers that are being spent in 2012 that will not be spent in 2013. Significant factors impacting the 2013 budget include the purchase of a new fire truck in 2012 with the loan payments starting in 2013 for$120,000/year. Revenues have been adjusted to more accurately reflect expected revenues. All 6 Council Minutes(Regular) September 4,2012 Page 3 personnel costs have been included in the budget for$107,000. There are capital equipment increases related to the fire department. Two of the four union contracts are settled for a cost of$46,000 for 2013. Also included is a$15,000 building maintenance fund. These factors total$648,000. The budget also includes staff reductions of eliminating two full time positions, one in community development and a retirement in human resources;two part time positions have been eliminated, a community service officer and an administrative support position in municipal services;one full time administrative support position in the police department will change to part time beginning next year. We will go from 83 to 80 full time employees and from 10 to 9 part time employees. This is an estimated savings of$242,000. The most important information for Council to consider is the impact of this on properties. From 2006—2013,the tax capacity for commercial/industrial has increased. This is because commercial/industrial property values have fallen at a slower rate than residential properties. If we did not raise taxes for 2013,the commercial/industrial properties would pay higher taxes because they are eligible to pay a higher portion of taxes because their tax capacity has grown. Property tax statements show two different values. The market value is what the county thinks the home is worth. The taxable value takes into consideration the market value homestead credit. The taxable value is used to determine residents' percentage of the City taxes. The impact on residential properties ranges from a $95 decrease to a$21.87 increase. The average taxable value for properties in 2012 was$165,480 and for 2013 it is$151,869. The taxes for an average property would go down by$0.23. For commercial/industrial properties the increase ranges from$235 to $754. These properties have higher values and therefore,the potential to pay higher taxes. The commercial/industrial properties are taking the biggest hit with this proposed budget increase. The budget does a number of positive things. It includes all expenses,takes a conservative approach on revenue expectations,the seal coat and economic development funds established in 2012 are still in the budget, a building reserve fund has been established for 2013 to meet future needs, a storm clean up line has been added, and we have developed a two year budget cycle for a look at 2014. There are three main reasons why the budget stands as it is today. The purchase of a new fire truck which we have to start paying for in 2013,revenue adjustments, and increased human resources costs to make sure everything we have negotiated is in the budget. A public hearing for the final budget will be held on December 3, 2012. Councilmember Fogarty continued to be frustrated over market value homestead credit and the lack of control over how it affects our taxes. She will continue to advocate that the county eliminate this program. 7 Council Minutes(Regular) September 4,2012 Page 4 Councilmember May stated no matter what they call it,we are still talking about whether we increase or decrease the budget. She commended the good job staff did on the revenue side. It is the first time she felt comfortable with the revenue numbers and it seems to include everything. She still has a concern over the level of spending and the shift to the commercial side for the burden of increased taxes. The decreases will come from cutting spending. As in the past, she will not approve the budget because she believes there are additional cuts we could have made. Staff has done a good job with laying the budget out; it is easy to read, very thorough and well written. Councilmember Bartholomay agreed staff did a good job with the revenues. He agreed with purchasing a fire truck which Council agreed on. He still had questions regarding comp time versus overtime, so he was not completely satisfied with that number. He had a concern with going with straight overtime versus having comp time and overtime. Looking back, if we have not budgeted for it, it would seem we would go $107,000 in debt every year which would be a huge number by now. City Administrator McKnight stated we paid it out,but it was not included in the budget, so you start the budget out a$107,000 in the hole. Councilmember Fogarty stated this is one reason we have seen our fund balance decrease. Councilmember Bartholomay felt we would be putting a high burden on our businesses with a 2.84% increase. He made a mistake approving a preliminary budget last year he did not agree with, so he would not do that again this year. He received a report from the county showing tax capacity rates. Apple Valley has .44%, Empire .31%, Lakeville .39%, Rosemount .47%,and Farmington at.63%. We have the highest taxes in the county. He cannot support the current preliminary number. Mayor Larson asked why we go negative in the fund balance at least twice a year. City Administrator McKnight explained we have a$10 million general fund balance. The biggest revenue is property taxes. On December 31, 2010,the general fund balance number should have been between 35% and 50%, so $3.5 million and$5 million. You spend down until we receive property taxes. You have to have enough money at the end of the year to get you through everything you will pay for in the first five months of the year. We are not ending the year with enough money to stay below zero by the time we hit our low point in May and again in November. If the budget is off by$107,000, and we spend 100%of the budget and take in 100%of the revenues, which has not been happening,we will not have enough money to stay above zero. We haven't been meeting our revenues so we do not have enough money to cover expenses. We only get paid twice a year. Mayor Larson asked how we pay the bills when we go negative. City Administrator McKnight explained we use pooled cash. The general fund is just one fund. We have other funds where we borrow money and pay those funds back. Then we pay down the general fund and borrow money again in November. It will take years for this to correct itself. Mayor Larson stated the actual increase is$648,000, and we are asking for a$242,883 increase, so $405,425 were cuts. City Administrator McKnight stated they are the position cuts and one time 8 Council Minutes(Regular) September 4,2012 Page 5 expenditures that were taken out of the budget for 2013. Mayor Larson did not like the increase, but if we are going to be a healthy community we need to have a sound budget document. He thanked staff for all the work and fording the numbers we needed to include. City Administrator McKnight was asked to redo the budget document and he did and made it much easier to read. Mayor Larson asked that between now and December we still look for reductions, but stood behind the City Administrator that we have a sound budget for the first time in a long time with everything on the table and all numbers included in the budget. He did not like the increase, but will support the preliminary budget. Councilmember Donnelly stated he was much more confident with this budget than in the past. Everything is accounted for and there should be no surprises. We looked at revenues and reduced them. In the past we had unrealistic revenue projections and at the end of the year they did not happen and it comes out of the fund balance and makes things look worse. We had to purchase a new fire truck. We reduced personnel. We have a realistic budget that moves us forward. Even if we reduce the tax levy, commercial businesses would still pay more taxes than last year. City Administrator McKnight stated if you wanted to get commercial properties to a zero increase,we would have to reduce the levy by$515,000 which is a 5%decrease. Councilmember Donnelly felt it is a realistic budget,we have discussed everything. We made decisions during the course of the year to spend more money and we also made decisions to reduce positions. With revenue reductions it did not end up at zero. He felt it was a fair, accurate budget, and does move us forward. He will support the budget. Councilmember Fogarty stated it is a very solid approach to a preliminary budget. It is rare that the preliminary number becomes the final number. It cannot increase, only decrease. It is preliminary, but we need to get something out to the residents so they know what could potentially happen to their property. She will support it. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R33-12 approving the 2013 preliminary budget and tax levy as proposed. Voting for: Larson, Donnelly, Fogarty. Voting against: Bartholomay, May. MOTION CARRIED. City Administrator McKnight will bring the non-levy budgets and the general fund budget to the October workshop. 13. COUNCIL ROUNDTABLE Councilmember Donnelly: School is open and there is lots of traffic on Flagstaff. No incidents on the first day of school and everything went smooth. Councilmember Fogarty: School is back in session so there is more traffic and be attentive. She congratulated the football team on winning the game. 9 Council Minutes(Regular) September 4,2012 Page 6 Municipal Services Director Reiten: Staff met with FEMA to receive funds for storm clean-up. FEMA has estimated the City will receive$18,000. FEMA gives us 75%of the money and the state gives us 25%, or the state will split that 25%with the City. This is the first time we have received anything from FEMA. The reason is because it was a statewide event. He was pleased to have a storm clean-up fund in the budget. All the storm clean-up was done during normal work hours with no over time. City Engineer Schorzman: Municipal Services Director Reiten did a great job with obtaining the FEMA funds. Municipal Services Director Reiten noted Police Chief Lindquist also helped with this effort. Mayor Larson: He attended the 30th Anniversary Open House for the Rambling River Center and it was a great time. The program included a group of singers ranging from 62 to 94 years of age. September 8, 2012, is household hazardous waste drop-off at the Maintenance Facility. It is open to all Dakota County residents. There were two fires over the weekend and he thanked the firefighters for their hard work. He encouraged residents to shop local and promote our businesses. 14. EXECUTIVE SESSION MOTION by Fogarty, second by Bartholomay to recess at 7:50 p.m. into executive session for the City Administrator performance review. APIF,MOTION CARRIED. Closed session began at 7:58 p.m. Mayor Larson moved the meeting into open session at 9:18 p.m. 15. ADJOURN MOTION by Fogarty, second by May to adjourn at 9:18 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 10 City Council Workshop Minutes September 10,2012 Mayor Larson called the workshop to order at 6:31 p.m. Present: Larson, Bartholomay, Donnelly, Fogarty, May Also Present: Ice For Tigers group—Darren Simon, Cal Huntley, Brian McGregor, Mitch Snobeck, Rob Junker David McKnight, City Administrator;Randy Distad, Parks and Recreation Director; Cynthia Muller, Executive Assistant MOTION by Fogarty, second by May to approve the agenda. APIF,MOTION CARRIED. The purpose of the workshop was to hear a presentation from Ice for Tigers on building a second sheet of ice next to the Schmitz-Maki Arena. Mr.Junker stated the goal of the presentation is their hope to unite all the programs together in a way to ask the City to help them build a second sheet of ice. They are not affiliated with Farmington Youth Hockey, and are an independent group. None of them stand to gain anything from this arrangement. They are parents doing this for their kids. They are also focused on seeing Farmington grow. Farmington has a rich tradition when it comes to skating. This new sheet of ice will open up new opportunities for Farmington for economic development and growth that allows us to host tournaments. They have been working on uniting all the groups that have an interest in this, including City staff,the school, and Youth Hockey Association to make this a guaranteed top line revenue earning arena. Their focus is to build a second sheet of ice in a very fiscally responsible manner. They are not looking for dollars, but are looking at huge private rates that will augment this. They do not want to start to build until they know how this will generate revenue as opposed to losing money. They also want to be respectful of Farmington's natural resources and bring this back to the community in terms of builders and allowing them to be part of this. Challenges today include the amount of drive time to other cities, a single sheet of ice only offers 62%rink efficiency which is operating dollars that go into the rink to generate a profit. Because the ice resurfacer sits idle for a period of time on a single sheet, it is amortized across the cost of operations. Parents spend a lot of time driving away from Farmington. A second sheet would bring people to Farmington. There are parents who have decided this sport is not worth the amount of time and have pulled their kids out. Ice for Tigers started meeting in December 2011 and broke the project down into three phases. The inception phase to make sure it was the right thing to build, as there were concerns about the soil and the Vermillion River. In the elaboration phase they studied other arenas to learn what makes good rinks great and what makes bad rinks fail. The execution phase is to start working toward a radical build so they know exactly how much this project will cost and to work towards a fund raising pyramid that allows them to extract the revenue necessary to start the project. A Joint Powers Agreement would be developed to detail how the arrangement will work between all parties involved. Some agreements include the upfront capital expenditures and assigning 11 Council Workshop Minutes September 10,2012 Page 2 those costs to individual parties. They will make sure they have the demand before building. In the agreement every party will have to state the number of hours of ice they will be purchasing which will establish a clear top line revenue for the arena that can be counted on from season to season. You need to have good operations and equipment to make sure the ice is always there, including summer ice. We should not over build which makes the increase in supply less than the demand. Even with the second sheet of ice,there will be excess demand going out of the City. We need to use reputable builders and have the best ice around. Consider the structure for the duration of the build, incent like a business, and get everyone to the table. On the really bad side is don't mis-build the structure. We are putting something up that is meant to stay up and continue on that focus. Don't leave the arena in the lurch and have a solid revenue plan upfront and also plan for reinvestment to make sure the upkeep is maintained. Construction concerns were discussed. A dehumidification system in the current arena was considered, but it cannot be sealed properly, which means summer ice is not a viable option in the current arena. They used that knowledge to have the current arena available in the summer without ice so other dry land events can be held. The second sheet would be for practice and would be maintained during the summer. It is cheaper to seal the building from humidity when building it, rather than after. There are currently two compressors and with a second sheet they would need three compressors. The builder they have been working with is the 292 Design Group. They have built 28 rinks in the last three years and are based in Minnesota. The three goals given to the builder was to make sure it is cost effective, environmentally responsible, and utilize energy reclamation systems. The plans for the second sheet were presented to the Council. The ice resurfacer would be moved to the back of the arena and it will be a shared service between the two rinks. In the corner is a melting pit as opposed to dumping the snow near the river or having any runoff. It would drain into the sanitary sewer. They would remove the current team rooms and build new varsity locker rooms of high quality. There would be seating for 300 in the bleachers. They met with the Learn-to-Skate program to meet their needs. Other arenas are allowing kids to have birthday parties on the ice with an hour of ice time and then using the community room. The second floor in the current arena would become storage. The concession stand would be on the main floor. They spoke with the Farmington Business Association to provide advertising and information for brochures. Two sheets will allow Farmington to host tournaments. Tournaments provide a great economic opportunity. Right now they have to do advance registration and collect the money upfront to get into the tournaments. It is a missed opportunity to not be able to host a tournament in the south metro. Having tournaments away from home is a great stress on families because of travel time and late hours. Tournaments here would create a demand for a hotel. We can save on energy costs, but they are not budgeted. Having inside doorways to the ice will change the way we manage the arena between the different areas. The bid they have today includes construction of everything. They need to determine how much of the cost they can reclaim. Regarding parking,the current lot has 55 spaces, and the middle school has 403 spaces. If the school lot were used,there would have to be a crosswalk with a flashing yellow light. There is an interested party who is participating in the joint powers agreement who might be able to help out with the parking. The fund raising plans were presented as a triangle with individual cells for sponsors and various naming rights. They have not had to sell anything and with interested people contributing they 12 Council Workshop Minutes September 10,2012 Page 3 have commitments for$360,141. With a sound fund raising pyramid, as well as a clear plan in mind,this can be done. There are also dasherboard programs,tape for Tigers, and puck wall sponsors which is called the half million dollar wall. Revenue projects are responsible and guaranteed. The FYHA ice purchased in 2011-2012 season is 758.25 hours. There are 513 hours of demand outside of the current arena. These are based upon current ice projections. For the second sheet, revenues are projected at$408,245 and expenses are projected at $406,949. This is no summer ice, no tournaments, no additional ice outside of FYHA included in the budget. The figure skating club wants more ice time, and the school has guaranteed practice time and wants more ice time. One of the questions asked of each group participating in the Joint Powers Agreement will be exactly how many hours of ice are you actually contributing to the rink. There is much more demand outside of these numbers, but they wanted to be conservative. There will be concrete numbers with the Joint Powers Agreement. Lakeville is also renting ice time from Faribault because of their demand. They would rather rent from Farmington. The Parks and Recreation Commission asked if there would be additional full time staff to manage the second sheet. There would be part time staff added. In the Joint Powers Agreement the revenue numbers would be concrete and the parties responsible would understand their requirements, and long term capital responsibility. Every seated party including the City, school, FYHA, learn-to-skate,Ice for Tigers,would meet with specific focus on cost of capital, upfront capital,the period for payback,the structure of the build, any specific intake requirements that deviate from the plan. The school would like to have $800,000 worth of locker rooms,but they need to help pay for that. The Joint Powers Agreement will include who is responsible for certain requirements. The outcome of the meeting would be a defined radical build so they know exactly how much this will cost, so we have long term capital responsibility, as well as a joint incentivized agreement to see the successful outcome of the arena. It will make sure that people who can purchase ice are guaranteed those ice hours, making sure people who have the leverage to control this are upfront and signing up as well. They need to come up with something that goes beyond the build, from the construction phase to the payback phase to the ongoing phase. Ice for Tigers is focused on raising the upfront capital necessary to start construction. At the same time,the biggest things that affect that equation are cost of capital. Ice for Tigers cannot get a loan, so they need to determine their amount of capital,what is total build cost,the association capital pulled in from other things, as well as City support. The City support comes in a lot of different ways, from helping them get the message out to all citizens,to making sure we are putting this together in a way that all costs are understood and the demands can be met,then turning this over as we go from construction phase, to payback phase,to ongoing phase of making sure we repay any capital debt as well as any loans, and focus on responsibility is the Joint Powers Agreement. Because they are stating the operating expenses and capital expenses in the Joint Powers Agreement,there is a legal entity associated with that payback. This group will be responsible for repaying dollars committed over time. The goal is to focus on rink profitability,the co-op marketing opportunities and longer term to create a revenue structure for a re-investment in programs and continued execution of those programs. Ice for Tigers has spent a lot of time understanding the problems and the risks and the outcome. They have identified 145 people they would like to get together to sell them the idea and obtain funding. They cannot do that unless they know they have the ability to do these things 13 Council Workshop Minutes September 10,2012 Page 4 contingent upon Council approval. They currently have anonymous donors offering large sums of money. They are asking where this will be built. Ice for Tigers is seeking approval to build next to the current arena contingent upon a Joint Powers Agreement being ratified by all parties. Councilmember Bartholomay liked their conservative approach. It will be important to have consistent communication between all parties. Mr. Snobeck noted the superintendent has committed to the Joint Powers Agreement. Parks and Recreation Director Distad asked if they have met with the School Board. Mr.Junker stated they met with the superintendent and the school board chair. Councilmember Fogarty asked if they wanted a representative from the Council or staff. The group wants someone from the Council. The school is seating the director of finance, a school board member and the athletic director. Councilmember May felt it was a very good presentation, but as a banker she was confused. They were asking for approval, but there are no fmancials. Mr.Junker stated it will be between $2.5 million and$4.7 million depending upon amenities. That will be balanced against the funding. They have not presented a number because they want it to be justifiable. They are not asking to help build,they are asking for the ability to start building. Mayor Larson stated on Monday they will be asking to use the land and naming rights. Mr. Junker added and to be part of the Joint Powers Agreement so they can work on the numbers. Councilmember May asked if this will involve public financing or asking for pledges over a number of years. There will be two types of pledges, one for the capital upfront and the other an ongoing contribution. Their target is to build in year one and take loans over the following five year period and repay the loans in the remaining four years. Councilmember May asked about the current agreement with the hockey association to assist with repaying the$1 million loan for renovations. They would need to meet with the hockey association. Councilmember May would like feedback from the Park and Rec Commission and staff. Councilmember Donnelly stated they plan to have the money before construction so do you plan to have the money raised by then or plan to pay it back. Mr. Junker stated the finances have yet to be decided in terms of what they could get for loans and they may have to raise it all upfront which would take longer. Mr.Junker felt it is not their responsibility to come forth with a structure that is forced upon everyone else. That should come from the Joint Powers Agreement. Councilmember May stated if you are looking at going to the public for$4 million, should it be a referendum item as the sportsplex was and the community opted to not do it. Mr.Junker stated they will be doing substantial fundraising on their own, and when they get to that point,they will have to determine the right approach. Mayor Larson noted this is the first group that has come to Council wanting to give back to the community. He was very encouraged by the presentation. For the Parks and Recreation Commission,the parks and trails have been the main focus. The Ice for Tigers members stated the goal is to be profitable. You cannot break even with one sheet, but you can with two sheets. The Commission felt we need to really evaluate when using public funding, what the community really wants. A portion of the community wants hockey and skating. They asked if there has been a conversation with arena staff on what is feasible for staff because two sheets of ice is a lot of work. Mayor Larson clarified the community that would be 14 Council Workshop Minutes September 10,2012 Page 5 benefiting also includes the businesses and not just the hockey community. The Commission felt the group did their homework and will continue to look at this with an open mind. The Commission clarified what the group is looking for on September 17, 2012, is permission for the property and the naming rights and the joint powers agreement. The Park and Recreation Commission needs to get their heads around the net increase and expense. Ice for Tigers clarified it is just to start the process. Mayor Larson stated it is contingent on the Joint Powers Agreement being worked out. Councilmember Donnelly noted the Joint Powers Agreement has to come back to the Council and School Board for approval. Saying yes now is to move the project forward. Without the Joint Powers Agreement, it is over. The land was discussed and it was noted an environmental review would be done. City Administrator McKnight noted we could sell 12 prime time ice hours per day, but with the new sheet there could only be one group. Mr. Junker stated staff looked at the available ice, and the hours available for certain age groups,and the school wants to move practices to the morning which opens up two more prime time ice hours. Parks and Recreation Director Distad noted the budget is very conservative. They have looked at expenses from other rinks, and this would not be a separate facility;we will have one facility with two sheets of ice. Councilmember May asked if the pledges are binding. Mr. Junker stated they have only asked for commitments. Some of them have asked where this will be built. They will make them as binding as possible when moving to the next phase. With the commitment to capital to build, without the dollars in the bank we cannot start. Councilmember Donnelly asked about the status of meeting with joint powers members. Mr. Junker stated the school board has agreed to seat people,the meeting with FYHA is on Wednesday, and the Council is the following Monday. The FBA is not part of the joint powers group. Staff recommended two Park and Rec Commission members be on the joint powers group. MOTION by Fogarty, second by Bartholomay to adjourn at 8:08 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 15 7Z n City of Farmington 430 Third Street, Farmington, MN 55024 (651) 280-6800 Fax(651) 280-6899 www.d.farmington.mn.us 11444 mote TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation—Finance DATE: September 17, 2012 INTRODUCTION The recruitment and selection process for the appointment of the full-time Finance Director to fill the vacant position has been completed. DISCUSSION After a thorough review by the City Administrator and the Human Resources Office, a contingent offer of employment has been made to Robin Hanson, subject to ratification by the City Council. Ms. Hanson has previous experience as a Finance Director and meets the qualifications for this position. BUDGET IMPACT Ms. Hanson's starting annualized salary will be $76,447.39 which is the beginning step of the salary range for this position (Salary Range: $76,447.39 - $93,684.38). Additionally, Ms. Hanson will start with a beginning Paid Time Off(PTO) balance of 40 hours; however, she will accrue time according to the PTO schedule. Funding for this position is authorized in the 2012 budget. ACTION REQUESTED Approve the appointment of Robin Hanson as Finance Director effective on September 20, 2012. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 16 7c, City of Farmington fz\A 430 Third Street .Eb Farmington.Minnesota �bt 651.280.6800•Fax 651.280.6899 +�wn3.ci.fnrmington.nm.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Medical Loss Ratio (MLR) Rebate Distribution DATE: September 17, 2012 INTRODUCTION This memorandum is to provide information and request approval for the distribution of the Medical Loss Ratio rebate. DISCUSSION The City received a Medical Loss Ratio (MLR) rebate check in the amount of$4,091.72 from HealthPartners. Under the Affordable Care Act, health insurers are to spend at least 85 percent of premiums they receive (80% for small groups) on health care services and activities to improve health care quality. If this percentage is not met,the insurer must rebate the difference by August 1, 2012 for the 2011 service year. For 2011, HealthPartners did not meet this percentage on the Distinctions Plan (Co-pay/Co-Insurance plan). Since this was one of the plans offered by the City, the City received an MLR rebate. This federal mandate also dictates what can be done with any rebate. First, it is important to understand that the only portion of the rebate that the City must distribute back to its employees is the proportionate share based on what they, as your employee, paid for their premium(s). The City is not required to reimburse any share that the City, as the employer, paid. For example, because the City pays 100% of the premium for employees choosing single coverage, $0.00 would be rebated back to that employee. The City's health insurance benefit consultant, Yvonne Johnson with Gallagher Benefit Services has worked with benefits attorney, Darcy Hitesman of Hitesman and Wold in order to assist the City in complying with the requirements for distribution of this rebate. While the calculations regarding the rebate are based on 2011, distribution of the rebate is based on who is enrolled in the City's health plan as of July 31, 2012. Additionally, since the City no longer offers the exact same plans in 2012 as in 2011, the City needs to look at the whole 17 population of employees that pay a portion of their premium and distribute the rebate dollars to those employees. The following paragraphs outline how the City is to calculate the percentage of the MLR rebate that must be distributed to employees; and provides for making that distribution. In order to calculate the amount of the MLR rebate to distribute to employees,the City needed to: 1) Determine the total amount of premiums paid to HealthPartners on the plan as of December 31,2011. 2) Calculate the percentage of premium paid by employees on the plan as of December 31, 2011;and 3) Calculate the percentage of premium paid by COBRA/Retirees as of December 31, 2011. 4) Determine the total percentage paid by both employees and COBRA/Retirees. 5) Apply that percentage to the MLR rebate to determine the amount to be distributed back to employees. The City determined that employees paid 13% and COBRA/Retirees paid 11% of the total premium of the plan for a total of 24% of the premium. As previously mentioned, the MLR rebate amount is $4,091.72 and 24% of that amount is $982.01. Therefore the amount to be distributed back to those employees is $982.01 which equates to $44.64 per person as there are 22 employees and/or COBRA/Retirees eligible for this rebate. Finally, in order to distribute this rebate, the City must either reduce the annual premium for 2012 or give employees a taxable cash rebate. Based on the advice from the City's benefit consultant, the best option is to provide a reduction in premium. Upon Council approval, this reduction in premium would be given to coincide with the first pay period in October. BUDGET IMPACT The remaining rebate amount of$3,109.71 is an increase to the budget and will be reflected in the Employee Expense Fund. ACTION REOUESTED The action requested is to approve the distribution of the Medical Loss Ratio through a reduction in premium to coincide with the first pay period in October. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 18 id AA_R fj.� City of Farmington ; A 430 Third Street t '.,- Farmington,Minnesota 651.2R0.6R00•Fax 651.280.6899 "A row- 1iY tYl1.L•1.18iYT 1ii�[/117.111iLLLY TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation—Fire Department DATE: September 17, 2012 INTRODUCTION The City received notice that Mr. Christopher McCann has resigned from his position as a paid on- call fire fighter. DISCUSSION Mr. McCann has been a member of the Fire Department since January 20, 2010 and has been a valued member of the department. The City appreciates his commitment to the organization and wishes him well in his future endeavors. ACTION REQUESTED, Acknowledge the resignation of Mr. Christopher McCann, effective July 23, 2012. Respectfully Submitted, Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 19 TO: Mayor and City Councilmembers David McKnight FROM: Andrea McDowell Poehler DATE: September 17,2012 • RE: City Administrator Evaluation Summary Report Pursuant to the State's Open Meeting Law, Minn. Stat. Section 13D.05, subd. 3,the City Council conducted a closed special meeting on Monday September 4,2012 to evaluate the performance of City Administrator David McKnight. The Mayor and all City Councilmembers were in attendance. The law requires that, at its next open meeting,the public body shall summarize its conclusions regarding the evaluation. The following is submitted for council review and approval as a summary of the evaluation. City Administrator McKnight's performance review was conducted using a standard city-prepared survey instrument allowing each councilmember to provide,without attribution, his or her rated assessment of Mr. McKnight's performance in 17 specified topic areas with ratings of either"Needs Improvement"or"Meets Expectations". A numbering system was not a part of the survey. The specified topic areas and averaged ratings for the survey instrument were: Decision Making Persistence&Flexibility Analytical Ability Conflict Resolution Knowledge/Skill Level Relationship with Supervisor Quality of Work Stress Management Time Management Initiative Ethics and Professionalism Teamwork/Cooperation Communications/ Leadership Public Relations Management Skills/Abilities Accepts Responsibility Budget As part of the City Council review,the Mayor and each Councilmember provided his or her own analysis of the results of the review summary and identified issues that they had with Mr. McKnight's performance and points of commendation.The Council •Page 1 20 evaluations indicated that overall Mr. McKnight was meeting expectations of the Council particularly in recognition of the significant amount of work assigned by the Council to Mr. McKnight during his first year with the City. Councilmembers indicated to Administrator McKnight a desire that he focus improvement in the following areas: 1. Continue improving council administrator communications,staff communications and team building; 2. Personnel issues and taking a stronger supervisory roll where necessary; and 3. Continued focus on Council goals. Due to the state of the budget, Mr. McKnight did not ask for any increase in compensation at this time. The City Council thanked Mr. McKnight for his leadership in this area. Annual compensation will be reviewed again in August 2013. •Page 2 21 7r cowiy��► City of Farmington �• o 430 Third Street Farmington,Minnesota ;� 0„ 651.280.6800•Fax 651.280.6899 www.cifarmington.mn.us TO: Mayor,Councilmembers,City Administrator FROM: Lena Larson,Municipal Services Coordinator SUBJECT: Recycling Association of Minnesota/Minnesota Chapter Solid Waste Association of North America Annual Conference DATE: September 17,2012 INTRODUCTION/DISCUSSION The Annual Recycling Association of Minnesota and Minnesota Chapter Solid Waste Association of North America Conference will take place at the Minneapolis Convention Center on Tuesday,October 16,2012. This conference provides information about new rules and regulations,legislative updates,and new practices and products. BUDGET IMPACT The cost of this conference is$190 and is covered in the Solid Waste budget. ACTION REQUESTED Approval of this conference request for Lena Larson. Res ectfully s y itted, ✓ge- ena Lars l Municipal Services Coordinator 22 RECYCLING AU ASSOCIATION SWANA of Minnesota SOLID WASTE ASSOCIATION of North Ain,Ca 17th Annual Conference and Show: Recycling Association of Minnesota Minnesota Chapter Solid Waste Association of North America Conference At A Glance Day 1: RAM/SWANA 17th Annual Conference Tuesday, October 16, 2012 Minneapolis Convention Center (2nd floor) (6 MPCA CEUs) 8:15 am- Registration and Breakfast with Exhibitors 8:15 am 8:15 am- Keynote: Michael Washburn, Nestle Waters North America 9:30 am Grand Ballroom Session I PANEL: Legislative Update Landfill Regulatory Moderator: Paul Gardner, Update 9:35-10:50 Recycling Reinvented Moderator: Curt Hoffman, MPCA 10:50- 11:00 Coffee Break with Exhibitors Reuse: School Waste Disaster Economic,Social,& Anaerobic Relief: Session H Environmental Reduction Digestion Flood Benefits Case Studies Moderator: Mary Cleanup Moderator: Tara Chamberlain,SAIL 11:00-12:00 Roffler, Ramsey Moderator:Lori County Moderator:Tim Blais,WLSSD y Farnan,MPCA 12:00- 1:00 Lunch and break with exhibitors 23 Recycled An Old Plastics 101: Restriction on Psychology of Session III Products & Disposal &a New (EPR, Caps on vs. Sustainable Reuse Recovery Off, &Flow Rates) Behavior 1:00-2:15 Technology Moderator: Steve Moderator: Moderator: Steuber,Scott Moderator: Kathy Michael Reed, Mark Rust, County Osborne,Foth Ramsey County MPCA 2:15-2:45 Dessert Break with Exhibitors Compostable Foreclosures & Plastics 102: Recycling Plastics & Tax Forfeits: Today's Markets Session IV Organics Environmental Infrastructure for Impacts Plastic Recycling Update Recycling p 2:45 -4:00 Moderator: Michael Moderator: Bill Moderator:Anne Moderator: Ludvik,SET Reed,Ramsey Keegan,Dem-Con County Companies Mark Rys,MPCA 4:00 Conference Ends RAM & SWANA Annual Meeting Dinner (2MPCA CEUs) 5:00-6:00 Registration and Networking with Exhibitors with a jazz pianist 5:00 pm- Location: Grand Ballroom, MPLS Convention Center 8:30 pm 6:00 Dinner Starts 6:00- 7:00 Presentation of RAM Awards&SWANA Floyd Forsberg Scholarship 7:00-8:00 KEYNOTE ADDRESS:John Lively,Preserve Company Day 2: Post-Conference Sessions Wednesday, October 17, 2012 Minnesota Composting Council Co-Hosts: Compostable Plastics: New Programs,Facilities,&Industry Solid Waste Post Conference Advancements (6 MPCA CEUs) (6 MPCA CEUs) Delano City Hall&Randy's Environmental Services 24 Keynote Speaker: Michael Washburn, Vice President of Sustainability for Nestle Waters North America Michael has spent over 15 years working in conservation roles at 'IS 4 non-profits and universities,with a focus on sustainable forestry, land conservation,green building and conservation leadership. In particular,he recently held a senior position at The Wilderness Society, focused on public-lands advocacy,and,he served as the Vice President of Brand Management for the Forest Stewardship Council where he advanced the adoption of independent forest certification and product labeling programs. Michael has a substantive education in forestry and environmental policy.He holds a Ph.D.in Forest Policy from Penn State and earned a B.S. in Environmental Studies and an M.S.in Forest Resources Management from SUNY College of Environmental Science and Forestry in Syracuse.In addition,he was an advisor to the USDA Forest Service on sustainability issues while on faculty at Penn State and the Yale School of Forestry. In addition to his environmental interests, Michael devotes significant time and energy to the fields of workplace giving and disability advocacy and sits on the boards of Adirondack Adaptive Adventures,Aging and Disabilities Charities of America, Human and Civil Rights organizations of America and Child Aid International. He serves on the advisory board for Adirondack Wild/Friends of the Forest Preserve. Annual Meeting & Dinner Keynote Speaker: John Lively, Preserve Foundation Preserve is a sustainable consumer goods company and producer of 100%recycled plastic products.They have been creating everyday products for the kitchen,table and bathroom since 1996. The company is powered by the recycling efforts of individuals and companies via its Preserve Gimme 5 program where the company collects #5 plastics and transforms them into new Preserve products. Preserve makes its flagship product,the Preserve Toothbrush,from recycled yogurt cups and collects over 20%of its toothbrushes back for recycling with its revolutionary Preserve Toothbrush Mail Back Pack. Proud to lead Preserve's effort to create products that are good for people and the planet and that empower people to make a difference,John Lively is Director of Environment and Material Science at Preserve. He runs their innovative material development and sustainability programs,aiming to bring the approaches of industrial ecology to everyday products like toothbrushes,plates and food storage containers. John and his small family live in Cambridge, MA where he has helped to run Preserve for the past thirteen years. After a childhood in the swamps and beaches of northern Florida,he attended Harvard University where studied environmental science and public policy. 25 Session I: 9:35am - 10:50am State Representatives Legislative Update: Speakers:Sate Representatives Melissa Hortman and Denny McNamara Moderator:Paul Gardner,Recycling ReInvented Come hear two key legislative leaders from the Minnesota House of Representatives share their thoughts about the 2012 session and prognosis for waste-related issues in 2013. Representative Denny McNamara is the chair of the House committee responsible for the environment,and Representative Melissa Hortman has been a strong recycling advocate during her tenure in the House. Landfill Regulatory Update: Speakers: Moderator:Curt Hoffman,MPCA Session II: 11:00am - 12:00pm Reuse: Economic,Social, &Environmental Benefits: Speakers:Madalyn Cioci,MPCA;Sara Sternberger,Bridging,and John Bailey,No Thro Moderator:Tara Roffler,Ramsey County Come learn about the many benefits of reusing products. Madalyn Cioci will present the MPCA's 2011 study"Economic Activity Associated with Reuse, Repair and Rental". Sara Sternberger will share the social benefits of reuse through furniture banks such as Bridging,and John Bailey,the founder of No Thro,will describe his new business and the environmental benefits to providing reusable to-go containers to restaurants in downtown Minneapolis and St.Paul. Anaerobic Digestion: Speakers:Robert Craggs,SAIC and Larry Newell,Liberty Paper Moderator:Mary Chamberlain,SAIC Anaerobic digestion is the next frontier for the waste industry. Come learn about the feasibility of anaerobic digestion from Robert Craggs of SAIC who conducted a study for Columbia Biogas in Portland to produce renewable energy through AD of food waste. Also,a representative from Liberty Paper located in Becker, MN will speak on their plan to use AD to treat the plant's wastewater. School Waste Reduction Case Studies: 26 Speakers: Dar Fosse,Jeffers Foundation;Laura Hotvet,TonkaGreen;and Bill Jacobson(invited), Minnetonka Middle School West Moderator:Tim Farnan,MPCA Dar Fosse from the Jeffers Foundation will detail the best practices identified through the Foundation's Waste Reduction Awards Program(WRAP). The WRAP program received 31 applications from elementary schools around Minnesota highlighting the strategies they used to reduce waste in their cafeteria and food service operations. The three schools with the most innovative and successful waste prevention programs received a monetary award recognizing their achievement Laura Hotvet and Bill Jacobsen will describe Minnetonka Middle School's transition back to using reusable utensils and dishware along with other initiatives to reduce waste,increase recycling and compost more. The school received an MPCA grant to evaluate what costs,opportunities and challenges schools may encounter as they discontinue using disposable items. Disaster Relief: Flood Cleanup: Speakers:AjAxtell,WLSSD Moderator: Lorilee Blais,WLSSD Natural disasters have been increasing in quantity and severity over the past couple years. Come hear how WLSSD had to quickly and efficiently organize waste collections for many different material types after the flood. Aj Baublitz from WLSSD led the organization for creating temporary HHW drop-offs,proper management of bulky materials such as carpeting and C&D waste and many other items. She will also address how this event will shape disaster relief plans for the future. Session III: 1:00pm- 2:15pm Recycled Products&Reuse: Speakers:Heather Tran,A Better Society;John Lively,Preserve;and Michele Poppelwell,Miller Waste Mills,Inc. Moderator:Steve Steuber,Scott County What do furniture staining,bicycles,and toothbrushes have in common? These are just some of the products or services that are the result of recycling and reuse. If you want to learn more attend this session. An Old Restriction on Disposal and a New Recovery Technology Speakers:Sig Scheurle,MPCA;Julie Ketchum,Waste Management;Tim Steinbeck(invited),Great River Energy;and Rich Reardon,Bulk Handling Systems Moderator: Kathy Osborne,Foth Come to this session to hear about the MPCA report to be submitted to the Legislature regarding the restriction on disposal law along with some discussion on potential opposing viewpoints. You will also learn about a new technology to recover materials from the waste stream. Plastics 101: EPR, Caps On vs. Caps Off&Flow Rates 27 Speakers:Paul Gardner,Recycling Reinvented;a representative from the Closure&Container Manufacturing Association,and a representative from Gopher Resource Moderator:Michael Reed,Ramsey County Paul Gardner will discuss Extended Producer Responsibility from the plastic point of view and how Recycling Reinvented is working to expand its possibilities. A representative from the Closure and Container Manufacturing Association will speak on the caps on caps off conundrum;and a representative from Gopher Resource will share recent changes and current flow rates of plastics. Psychology of Sustainable Behavior: Bringing About Voluntary Behavior Change Speakers:Christy Manning,Macalester College Moderator:Mark Rust,MPCA How does one bring about voluntary change?It requires an understanding of the complex, interacting factors that influence behavior.Psychology,the scientific study of human behavior,can provide valuable insight into these factors,and how they can be overcome.With the help of psychology,environmental programs can focus their resources on specific,cost-effective methods. Social Psychology expert,Dr.Christie Manning,will share practical resources,study findings,and real-world examples to help you integrate sustainability and sustainable behavior change into your environmental programs. Session IV: 2:30pm - 3:45pm Compostable Plastics&Organics Programs-What you need to know: Speakers:David Brooks,Biodegradable Products Institute;John Jaimez,Hennepin County;and Patrick Reeves,Progressive Associates Moderator:Anne Ludvik,Specialized Environmental Technologies(SET) Come to this session to learn the history of the compostable labeling system and where it's going in the future from Biodegradable Product Institute representative David Brooks. Detailing local successful organics programs where converting to compostables was key, John Jaimez from Hennepin County will explain the challenges with implementing school programs and Patrick Reeves from Progressive Associates will share the barriers and bridges to implementing successful organics programs at large venues such as: the Xcel Energy Center,RiverCentre,and the Science Museum of Minnesota. Plastics 102:Today's Infrastructure for Plastic Recycling Speakers:Patty Moore,Moore Recycling Associates Moderator:Bill Keegan,Dem-Con Companies Many changes have been taking place in plastics recycling moving well beyond the collection of PET and HPDE bottles. Join us to hear more about the current infrastructure in place to process the expanded list of plastic resins,recovery rates,evolving domestic and international markets including China as well as education approaches to effectively communicate these changes to consumers. 28 Foreclosures&Tax Forfeits: Environmental Impacts: Speakers:Jennifer Volkman,MPCA Household Hazardous Waste Program Coordinator;MN Foreclosure Council Representative;and Kris Kujala,Ramsey County Records&Revenue-Tax Forfeit Properties Moderator:Michael Reed,Ramsey County The economic downturn has resulted in a significant increase in the number of home foreclosures and tax forfeits over the past 5 years. Depressed real estate prices have only made this situation worse. Join us to learn more about the challenges presented when these properties revert back to control or ownership of the Federal Government or private lender through foreclosure,or local government through tax forfeit. The condition of these properties range from condemned public health nuisances requiring demolition to renovation for resale in public auction to market ready(return to market once housing prices rebound). Whether the properties require clean out for demolition,renovation or are being maintained as vacant buildings,the household hazardous waste,electronics,major appliances,furniture,household trash and other problem materials that remain require proper management. Who cleans them out? Who pays for disposal? Where are the opportunities for public/private partnerships? Recycling Markets Update: Speakers:Julie Ketchum,Waste Management;Peg Wander,LDI Fibres;Jim Birmingham,Consultant for Pioneer Industries;Dave Keeling,Steel Recycling Institute Moderator:Mark Rys.MPCA Ms.Ketchum will speak about advances in collection and processing technology that increase the extraction of resources from the waste stream. From the hauler's perspective, these technological advances have allowed for increases in the recycling rate,increased interest and convenience for the residents,and overall environmental improvement through increased recovery rates,less fuel use and reduced emissions. Education and customer engagement, coupled with technological advances and increased market value of commodities drive the return on investment required to advance our recycling system. Ms.Wander will be addressing the following issues:What is the current state of the paper recycling market? What changes have been occurring over the last six months? What to expect in the next six months? Mr.Birmingham will discuss the current plastics pricing for the most popular commodities and most recent outlook on the plastics markets both domestic and export markets. Mr.Hudson will be giving a general overview of the glass processing and glass recycling industries as well as discussing the current glass market in the upper Midwest and on a national perspective. Mr.Keeling will be providing an overview of current metal markets for steel aluminum and copper. 29 Keynote Sponsor: Platinum Sponsor: stle 12 8 1 waters it ' - Liberty Paper Incorporated an LDI Company NORTH AMERICA Gold Sponsors: '` ,, O nnouulilliiiiil �aPAVaMEE,lar SRE C YC L EI R S the art and science of pure flower and plant essences a I11111IIIUUU11111i ••s•�----- i' t �' . ,--" SPECIALIZED ENVIRONMENTAL TECHNOLOGIES, INC. E NwiR ai ra rs4 E i4rr,A S r rev ic' '— The Mulch Store Organics Processing • Mulches • Compost NR �- RI END www.mulchstoremn.com 4RockTenn 71, Gopher $i9 „ ,,,,,-, :. Resourcea ,-, yiv ig”) RRT isrija.5... ��♦. . Resource Recovery Technologies, LLC EN 1/1110 YPILYYI41r 11 # t t 4 30 Conference Organizers: As a non-profit organization,the Recycling Association of Minnesota (RAM)brings together businesses,government,and individuals committed to promoting resource conservation through waste RECYCLING Prevention,reuse,recycling,composting,and purchasing practices using 110 , the most cost effective and environmentally sound methods available in ''N ASSOCIATION Minnesota. Contact Ellen Telander,Executive Director,at(952)473- of Minnesota 0048,ram @recycleminnesota.org,or visit RecycleMinnesota.org for more info about RAM and the projects they're currently working on. With a mission to advance the practice of environmentally and - / economically sound management of solid waste in North America,the Solid Waste Association of North America(SWANA),a non-profit educational ® organization,brings individuals and communities together with industry WAIlA professionals to promote professionalism,respect,and credibility for solid waste management in the state of Minnesota. For more info contact Maggie , SOLID WASTE ASSOCIATION Mattacola,Executive Director,at(612)670-9138. / of North America 31 20! tj' City of Farmington 430 Third Street Farmington,Minnesota t., 651.280.6800.Fax 651.280.6899 wwwCI.iam lTIgWn.m 1.Lti TO: Mayor, Council and City Administrator FROM: Tim Pietsch,Fire Chief SUBJECT: School and Conference DATE: September 17, 2012 INTRODUCTION: Five chief officers and one captain are planning on attending the annual Minnesota State Fire Chiefs Conference held in Duluth,MN from October 18 thru 20, 2012. DISCUSSION: Members attending include Troy Corrigan, Justin Elvestad, Todd Kindseth, Tim Pietsch, John Powers and Jim Schmitz.All have signed up for various workshop classes along with a symposium program. BUDGET IMPACT: The 2012 budget supports this request. Early registration is$210 per attendee for a total of $1,260.Lodging will run$129 per night for a total of$1,937. Mileage for four attendees is approximately 356 miles round trip. Various meals are not provided for in the conference. ACTION REQUESTED: Approve Fire Chiefs request to send these members to the annual conference. Respectfully submitted, Tim Pietsch Fire Chief 32 i T�� J'. 1 ::{.� ...,_...:lu...f:,... ..'.:,. ,.J. :k...._Y nr.✓y/J.:.. ...,._.F.JTA.t. A.....:.i::�N+iG;:>•,:Se:kC.4tL'J'ro4.1'..A.: ',:../..h5. ..., .,..1'_NYS 3s... C./h Y...#t.., i:w?typ`.k`-;t4fr'st^ifrv.�i PF "kh-.X?c_;.:t;q MSFCA to hold annual conference in Duluth October 1840, 2 Registration information , schedule announced by Dale Specken,Chair•MSFCA Education Committee CLASS REGISTRATION INFORMATION: The 2012 Fall Conference will be held October 18-20 in Duluth Minnesota. Please take the time to read the entire MS- FCA Conference schedule. THURSDAY SCHEDULE: 8:00—8:15 AM Conference Welcome 11:45—1:00 PM Lunch on your own 8:15—9:30 AM Conference Kick-Off/Lessons Learned 11:45-1:00 PM Great lakes Lunch forIAFC Members Only 9:30—10:00 AM Break 1:00—5:00 PM Educational Programs 10:00--11:45 AM Lessons Learned 6:00—8:00 PM President's Reception - CONFERENCE WORKSHOPS/LESSONS LEARNED Thursday,October 18,2012 8:00 AM—11:30 AM CONFERENCE KICKOFF/"LESSONS LEARNED":TIM FARMER&SCOTT CARRIVEAU We will be offering a"lessons learned"workshop on Thursday morning as part of the conference kick-off. The workshop will be a symposium setting typically addressing special incidents that have happened over the past year in Minnesota and the lessons learned from these events from the responders of these incidents. You may attend ay portion of this program. These presentations will begin at 8:00AM on Thursday with a break in the middle of the presentations. THURSDAY AFTERNOON EDUCATIONAL OPPORTUNITIES Thursday,October 18,2012 1:00 PM—5:00 PM STATE FIRE MARSHAL'S WORKSHOP:KEVIN McGINTY Bruce Roed,Fire Service Specialist,State Fire Marshal Division Kathi Osmonson,Juvenile Fire Setter Intervention Specialist,State Fire Marshal Division Each program will give a 30 minute review of the State program.Participants will learn about what services are available,how the services can help them in their role as a community fire service leader and how to access the services. Jer,y RosendabL State Fire Marshal and Becki White,Public Educator-State Fire Marshal Division State Fire Marshal Jerry Rosendahl will conduct his annual session starting with a brief update of the previous year's activities followed by an opportunity for YOU to ask any question you would like.This time is for you and has generated some interest- ing discussions in past years. Bring your questions and try to"Stump the Fire Marshal" Becki White will be presenting Fire and Life Safety in Your Community:Fire Prevention is a large part of the role we play in our communities. Find out what resources are available to supplement or expand your fire safety programs. Learn about new programs and technology that are being used to fight fires before they start. NEW CHIEF'S WORKSHOP:NYLE ZIKMUND (THIS CLASS IS FOR"NEW"FIRE OFFICERS IN THE FIRE SERVICE) 'This workshop will include a anel of experienced Chief Officers who will share ideas with new Chief Officers that will in- clude direction,information and suggestions to make their abilities more effective.Some of the Fire Organizations that will be reviewed are the MSFCA,MSFDA,MARAC,IAAI,FMAM,OSHA,and SFMO,HSEM and other state and federal agencies. Along with the overview will be a summary of legal,fiscal and liability issues that today's chief officers faces,as well as model standards and policies that cover such issues as training, human resources, budgets, leadership, fire cause determination and arson responsibilities. EMS PROGRAM MANAGEMENT:FRANK LANGER • Mike Dobesh,Jonathan Bund4 Jeremy Berndt will present Responding to Hostile Events: This session will explore: Field validated guidance on How to Respond to Hostile Events(including sample SOGs) •The importance of strong working relationships and how to build those relationships through training and exercises. •Information on participating in the 3Echo Curriculum •Information for Fire/EMS on patient management 33 PROFESSIONAL DEVELOPMENT WORKSHOP:JIM HANSEN Ken Betterton,MPA,presents: "Embracing Change- With Eyes Open" This workshop is designed specifically for those chiefs involved in leadership and supervision. Why do people focus on fear,frustration and anxiety of change?Learn obstacles,identify negatives of status quo as they apply to change and discard them! Functioning within status quo has never led individuals, groups or organizations into the future.Note:Like minds equate to slow death and stifle creativity. Educating your staff and creating a motivated and passionate approach to leading them into the future means success.Your employees can recognize through your leadership the value of change:Focus on what is important,build strengths,become edu- cated,explore new methods,new problem solving skills,build self confidence and all flexibility! CHIEFS ISSUES WORKSHOP:MIKE CRAIG This workshop will identify destructive behaviors that firefighters present with and will list three ways to correct the behavior. We will list two psychological factors that negatively affect a firefighter and give an example of each term.Will identify three of the leading causes of firefighter fatalities as listed from a given LODD incident report and list specific measures to reduce these risks in their own department.Will Iist three positive behaviors that should be exhibited by a company officer and match those behaviors with negative behaviors that can be corrected by the positive behavior.Identify specific actions a company officer must take to motivate, lead,counsel and mentor his crew positively.The student will list five communication obstacles that are per- formed by officers at all levels that negatively affect their crews and staff and will identify and list three methods that firefighters can use to enrich their career and personal lives. THURSDAY AFTERNOON BREAKS-IN VENDOR AREA 2:30—3:00 PM Professional Development,EMS Program Management and New Chiefs 3:00—3:30 PM Chiefs Issues&The State Fire Marshal FRIDAY SCHEDULE: 8:00 AM—12:00 PM Educational Programs 5:30 PM Memorial Service 11:00 AM- 1:00 PM Partners Brunch 6:00 PM Social Hour 12:00 PM—1:00 PM Lunch in Vendor Area 7:00-9:00 PM Awards Banquet 1:00 PM MSFCA Annual Business Meeting FRIDAY MORNING EDUCATIONAL OPPORTUNITIES Friday,October 19,2012 8:00 AM to 12:00 PM SAFETY:ROB PEARSON&T.V.F.GATLIN P.J.Norwood is a Deputy Chie,fiTraining O f icer for the East Haven CT Fire Department a,will present: Tactical Perspectives of Ventilation This program will focus on real life ventilation in private dwellings. Most departments today do not staff their truck com- panies or even have a dedicated truck company with a four or five member crew.This presentation will discuss real life tactical considerations for those members in order to complete their job safely and effectively when it's their turn on the roof. I will present tactical considerations and helpful"tricks"to perform ventilation on today's private dwelling fires.Today's ventilation has many new concerns that we must be prepared for.We must learn how to perform this critical skill in a safe and efficient manner. This program will utilize NIOSH reports to enforce the danger associated with performing vertical ventilation and how to avoid those pitfalls that have affected other departments.The program will provide the attendees with real life embedded videos from the PennWell and Fire Engineering's Tactical Perspectives of Ventilation DVD in which I coauthored.The embedded video will demonstrate what happens when ventilation is completed incorrectly,as well as when completed the proper way. CHIEFS ISSUES:MIKE CRAIG ChiefHoevehnann will discuss, "The Genesis ofa Successful Training Program" Chief Jason Hoevelmann will identify steps for creating or improving a fire service training program that will lead to a mission driven and proficient fire department.We will delve into the very core mission of both the training division and the department as a whole to determine needs and to create a system that ensures that both systems are synonymous with each other. This class will include tools,resources and methods to ensure that our firefighters and officers are meeting and exceeding the minimum standards and best practices in our profession by charting and documentation.We will discuss implementing the most basic firefighting classes all the way through to addressing specialized needs that each department faces. 34 'x. HOT TOPICS WORKSHOP:ULIE SEAL,DOUG THIES AND CONNIE FORSTER Bob James with UL will present"How to Influence people to create a safer environment" This program will help chief's understand ways to work with your community to bring your message and information to them in a way to influence their safety.Brainstorm ways to use your community leaders to spread your message.What role do different safety groups play in providing and assist you in achieving your goal? Bloomington Fire Chief Ulie Seal will discuss Advanced Learning in Integrated Visual Environment(ALIVE) Bloomington,Eagan,and Eden Prairie Fire Departments were selected to participate with Chicago Fire Department(CFD) and the Fire Department of New York(FDNY) in a study funded by Assistance to Firefighters Grants Program (AFG) of the Federal Emergency Management Agency(FEMA). The purpose of this study is to assess the best ways to help firefighters gain the knowledge and skills necessary to fight fires suc- cessfully and safely. In brief,you will be presented with information in three parts concerning cutting edge technique and issues for firefighting through the course of the training session.The session will overview the research project,preliminary findings, and an overview of the virtual learning tool being developed. . The three topics utilized for the research are:Wind Driven High-Rise Fires,Structural Stability of Lightweight Construction, Fatigue and Sleep Management. STATE FIRE MARSHAL'S WORKSHOP:KEVIN MCGINTY Forrest Williams,SF11 Office will present:Solid Fuel-BurningAppliances Identifying Hazards This course will provide an overview of the installation requirements for solid fuel-burning appliances as contained within Minn.State Fire Code,Mechanical Code,and Building Code.Requirements for free-standing solid-fuel appliances such as wood stoves and corn or pellet burners will be covered in detail, along with general requirements for site-built, masonry fireplaces. Course attendees will be able to identify common hazards associated with the improper installation of solid fuel appliances,and take the necessary steps for correction.Additionally, attendees will also be able to locate and research installation requirements within code,and from the manufacturer's documentation. James Iammatteo and Crawford Weistling will present;Firefighter Arson! The subject no one wants to talk about.The class will discuss Firefighter ethics and how it pertains to firefighter arson.Stu- dents will learn how to identify and investigate firefighter arson. Strategies will also be presented on how to address and prevent firefighter arson.Statistics and general examples of firefighter involved arson will also be presented. EMERGENCY MANAGEMENT:JOHN OLSON Kevin Reed,HSEM State Emergency Response Team Coordinator,and Sgt.JohnAdamek, Commander, City of St.Paul Police Department This course will discuss the current state of IED's in Minnesota and evolving trends worldwide. Lesson learn and response con- siderations for the first arriving in crew. We will focus on first responder's safety for the first arriving units. How do you reach additional assets and what to expect when they arrive to assist the local commander in a possible TED event. The attendee will review recent case studies that have occurred in Minnesota and be provided information as to what to look for at an emergency call. FRIDAY MORNING BREAKS-IN VENDOR AREA 9:30—10:00 AM Hot Topics,State Fire Marshal,and Emergency Management 10:00—10:30 AM Safety and Chiefs Issues SATURDAY OC.COBER20,2012 SYMPOSIUM IMO AMID 12:30 PM: RICH GASAWAY&DAVID BROSNAHAN 10:00 AM—10:30 AM Break Lionel&Joanna Crowther from the Winnipeg Fire Department will give a firsthand account of a flashover that trapped 6 crew members on the 2nd floor of a residential home;Lionel Crowther sustained 3rd degree burns to 30%of his body while another crew member sustained 3rd degree burns to 60%,sadly the fire claimed the lives of two veteran captains. The presentation will cover an operational breakdown of the incident,its aftermath and Lionel's recovery and return to work process. Throughout the presentation Lionel&Joanna will focus on fire fighting training(getting"back to basics"),firefighter survivor training methods, effects of a fire fighters burn injury on his family and the need for a balanced mind to return to the fire.Lionel&Joanna speak about the many triumphs and obstacles they encountered along the way,again personally to the family(Firefighter to Burn Sur- vivor to Firefighter Burn Survivor)and our department.This includes the return to work process,both the physical and mental aspects that neither we at home and as a department were prepared for.Through an amazing partnership at home and with our department,Lionel was successful in a return to work program that was initiated as a result of this incident. He is proud to say he is once again a full-duty firefighter. 35 A *24 ,� i City of Farmington i 430 Third Street N Farmington,Minnesota 651.463.7111 •Fax 651,463.2591 ppp40 www.d.iarmingum.mn.0 TO: Mayor, Councilmembers, City Administrator FROM: Jennifer Dullum,Natural Resource Specialist SUBJECT: School and Conference DATE: September 17, 2012 INTRODUCTION The University of Minnesota Water Resources Center offers the annual Minnesota Water Resources Conference. DISCUSSION The Minnesota Water Resources Conference is being held this year in St.Paul on October 16 and 17, 2012. The conference provides an opportunity for staff to keep up-to-date on a variety of issues related to storm water. In addition to general sessions,the conference offers four concurrent sessions with each session having three topics to choose from. The topics include; lessons learned from implementation, best practices in design and application, implications of water policy decisions, and research into current and emerging issues. BUDGET IMPACT The cost for early registration for this conference(prior to September 28, 2012) is$230.00. Funding for this conference is included in the 2012 budget for NPDES and the Storm Water fund. The total budget impact will be$460.00. ACTION REQUESTED Approve Kevin Schorzman and Jennifer Dullum's attendance at the Minnesota Water Resources Conference. Respectfully submitted, Jennifer Dullum Natural Resource Specialist 37 -2/ 1 ;j E!- City of Farmington 430 Third Street Farmington,Minnesota e 651.280.6800•Fax 651.280.6899 www.ci.larrnin n.mn.ur TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Parkview Ponds Outlots DATE: September 17, 2012 INTRODUCTION In accordance with the terms of the development contract dated May 16, 2005, the developer is obligated to deed outlots A-J to the City. These outlots have been forfeited to the State for non- payment of property taxes. DISCUSSION Minnesota Statute 282.01 allows governmental units to acquire tax forfeited property,which was supposed to be deeded to them based on a written development agreement, without compensation or consideration. Dakota County has informed the City that the disposition of these outlots will be considered by the County Board at their November 6, 2012, meeting. To acquire the outlots,the City must pass a resolution requesting that they be transferred to the City, and provide the County a copy of the development contract. BUDGET IMPACT None. ACTION REQUESTED, By motion, approve the attached resolution requesting the conveyance of Parkview Ponds outlots A through J to the City pursuant to the development contract for Parkview Ponds and Minnesota Statute 282.01. Respectfully submitted, Kevin Schorzman, P.E. City Engineer cc: file 38 RESOLUTION NO. R34-12 RESOLUTION REGARDING TAX FORFEITURE PROPERTY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of September, 2012 at 7:00 p.m. Members present: Larson, Bartholomay, Donnelly, Fogarty, May Members absent: None Member Fogarty introduced and Member Bartholomay seconded the following resolution: WHEREAS, on May 16, 2005, the City entered into a Development Contract with Manley Land Development Inc., Dakota County Recorder#2354386; and WHEREAS, as a condition of the Development Contract, Manley Land Development Inc. agreed to deed outlots A, B, C, D, E, F, G, H, I, and J in the Parkview Ponds development,to the City; and WHEREAS, Manley Land Development Inc. did not execute transfer deeds for outlots A-J; and WHEREAS,outlots A-J have been forfeited to the State of Minnesota for non-payment of property taxes; and WHEREAS,Minnesota Statute 282.01 subdivision la. (f) allows conveyance without compensation or consideration when a governmental subdivision is entitled to the parcel under a written development agreement. NOW, THEREFORE,be it resolved by the City Council of the City of Farmington, Minnesota: 1. The City of Farmington requests that outlots A, B, C, D, E, F, G, H, I, and J in the Parkview Ponds development, as shown in Exhibit A be conveyed to the City as contemplated in the Development Contract for Parkview Ponds. 2. That the Mayor and the City Administrator are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the property interests. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of September 2012. odd Larson Ma or Attested to the /g-A day of September 2012. t Li avid J. McKni V SEAL City Administrator EXHIBIT "A" 14-56800-00-010 Parkview Ponds Outlot A 14-56800-00-020 Parkview Ponds Outlot B 14-56800-00-030 Parkview Ponds Outlot C 14-56800-00-040 Parkview Ponds Outlot D 14-56800-00-050 Parkview Ponds Outlot E 14-56800-00-060 Parkview Ponds Outlot F 14-56800-00-070 Parkview Ponds Outlot G 14-56800-00-080 Parkview Ponds Outlot H 14-56800-00-090 Parkview Ponds Outlot I 14-56800-00-100 Parkview Ponds Outlot J I� I I I ■ r_______ ,.. .71.. o *.„,,,A,,,,,, 11110.011.14.1.11:138532 14.133:18IIVAMearE4 B. WII1381131i °' av l ga� 1 04 . �1yy Q yq� 7_ gq .., V1 < S m a F------J-------�&F! g0 a8. i P126 Ig 6 4P1 -y+--, R od 15 /���� da� I "r''i' I �'1�� ,0 o $2 :f< a ct -RI G m+l 'r' p g a ,g, 1 o .—, hig l8�g�I o • p-I � NA. g m:•RAl It';14 vL 735 1 _ u/ :D_/1 35 3111 10 3tL15`. ILH:!.. -_—__—__--__ 9x= N 0 I •L99'4911, 3190810 X 3AL14.t9.99s 5.11 A .yv.n rtizea v asrree \�---�r--tr ,r--� - �•' �a�.R • ri .,oe"� \ II M \I 2 lIr• II OI1O II ' 1 111111 �i. 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I L kg I'�3 m� mo a „I t, a =Ill� , v� V V V v o v—�—V V V o o V-V ; \� (L332iLs HL 8) 49 'ON OV02!ALNf10o _ ----- I EITTILI £0'£9t1 3,CZ,£1439S gii33y' HSS61.j 49 C.C`J A2411039—Jr- ti i m am vivaavn 7a ao r/t 35 an.ro 3tm II/ • —r—— _ " .ol�ra:1 aa� �� �, :^in I / a City of Farmington 430 Third Street ' Farmington,Minnesota `, 651.280.6400•Fax 651.280.6899 Sim A wwm.ci.hanningum.mn.i.14 TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Temporary On-Sale Liquor License—VFW DATE: September 17, 2012 INTRODUCTION The VFW is requesting a Temporary On-Sale Liquor License for their steak fry. DISCUSSION The VFW is requesting a Temporary On-Sale Liquor License for their steak fry to be held October 20,November 17, and December 15, 2012, at 421 Third Street. Per State Statute,a Temporary On-Sale Liquor License must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore,the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REOUESTED Approve the attached applications for a Temporary On-Sale Liquor License for the VFW for their steak fry to be held on October 20,November 17, and December 15, 2012. Respectfully submitted, Cynthia Muller Executive Assistant 42 T* : �v' Minnesota Department of Public Safety ' ' • � ALCOHOL AND GAMBLING ENFORCEMENT DIVISION • "" • •'�bE M r 444 Cedar Street Suite 133,St.Paul MN 55 101-5133 t...:?j (651)201-7507 Fax(65 1)297-5259 TTY(651)282-6555 ; W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE • TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER Sy��d ;Gfrva Orr 1) •L✓• 17r —2 . d 0Pe' Z y 4'!-O9 b E>ays' STREET ADDRESS CITY STATE ZIP CODE 1/421•4_52!=i ;i-7. rAlz 5-5-622 ' Nit,,bite OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE KO i E-7171:57-4 c.r:7 (455 L1 r=,t, L"t) 1-/A?3 •"811• DATES LIQUOR WILL BE SOLD Jb �`A or• • ORGAN ON ORGANIZATION OFFICER'S NAME •5� , T ABLE RELIGIOUS 0 T7JER NONPROFIT• Gird c-JSr+F•L • ,• • ' /7.4; ! rt'le1L 31)) F S/ ORGANIZATION OFFICER'S NAME ADDRESS P 0.4614 4 ,'i' t'$ 5:110-i}&PI Pil;P OROANZATIOIsrOFFICER'S NAME ADDRESS 6-' • /..Z s 'y;.$S' ./S6'1 ?�= i /71/">'2—;)446,.. Yes x% Location license will be used. If an outdoor area,describe • Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. • 'Will the applicant carry liquor liability Insurance? If so,please provide the carrier's name and amount of coverage. cv1, u•nt w C..•3► 4°17 / t;)4.5b tea+✓ " • APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLI,N C ENFORCEMENT CITY/COUNTY • DATE APPROVED CITY FEE AMOUNT LICENSE DATES • DATE FEEEPAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAVff3LL\G ENFORCEMENT NOTE;Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application Is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the mot PS•09079(03/06) 43 •I T.,���N Minnesota Department of Public Safety � '' q�, � a ALCOHOL AND GAMBLING ENFORCEMENT DIVISION tif , t.''''V ` �4, ,1, ' 444 Cedar Street Suite 133,St.Paul MN 55101-5133(651)201-7507 Fax(651)297-5259 TTY(651)282-6555 "`�3•�.li W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER Y7/01./• /N 7f p 1)1'4.'4)- i7i T-7: 2 tw e' writ, 4i/_d 5 n 0 av.i- STREET ADDRESS • . CITY STATE ZIP CODE N4, OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE tv'N E:7-6-114 L I> (G>") 1:(&C)" 211Ir 0.-P1-) 3..36 7t• DATES LIQUOR WILL BE SOLD /. /7—1,1, lir- • PRGANIZ ON Cis! . MART,F RRLIOIOi1S OTHER NONPROFIT ORGANIZATION OFFICER'S NAME • s a• gs.•- f t,v c.... /4 L''h • ' /. 1 v:677,:;;;F-. 't"uxv ec.•/. 143')1. �2 y ORGANIZATION OFFICER'S NAME ADDRESS e./1 Pi elMV423s y:4'3.1.1.,- zA1'' ORGANIZATIOI(OFFICER'S NAME ADDRESS 7 7-'6-17 /5,k s0 a 93is jSo-' pr. i• Mfr T : 7't'Sx:-' Location license will be used. If an outdoor area,describe 47' Pr's%/.h "ey fV,,C• ,5Y" ! • x. ... Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. , Will the applicant carry liquor liability Insurance? If so,please provide the carrier's name and amount of coverage. `P)5 cc fr Po.'C. n i)!0.4.x=..• C t,7)Cper,-.Roe mss/ l;>,c;0 ,51.- e4--7.. iv..,.›- i APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ', ENFORCEMENT f CITY/COUNTY DATE APPROVED • CITY FEE AMOUNT • LICENSE DATES DATE FEE PAID • SIGNATURE CITY CLERK OR COUNTY OFFICIAL I APPROVED DIRECTOR ALCOHOL AND GAM:BLLNG ENFORCE3tES7 • NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the eve el PS-09079(05/06) 44 b"- Minnesota Department of Public Safety �`' ALCOHOL AND GAMBLING ENFORCEMENT DIVISION a Vs?1 -: mot, 444 Cedar Street Suite 133,St.Paul MN 55101.5133 • (651)201.7507 Fax(651)297.5259 TTY(651)282-6555 s ;c WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER SyP.9� /Np4 ri 1)r . 17 r7j4Z .a.i es,�� 4//_4 9 6 n STREET ADDRESS . • CITY STATE ZIP CODE f f 1 111 ri°+dz 141.1 ;irk f N • ✓.a!_'':>2 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE (4>1) &el (1.3,1-) 3 acs`7L • DATES LIQUOR WILL BE SOLD � r OROANIZON (:IS1IF ITABL RELIGIOUS OTHER NONPROFIT ORGANIZATION OFFICER'S NAME RESS " e4-2 Cf%St; Lh •' • //I-i`-/.67/"Por.7ve .7, ORGANIZATION OFFICER'S NAME ADDRESS -•-Aprdee ri p)e yvk --VaA 'i4>ts' ll:>"-- -i a. Pv$ 'j_ ORGANIZATIO1fOFFICER'S NAME ADDRESS y DS —55 Location license will be used. If an outdoor area,describe 47-- fie /�v i �%v.� /'�s�•1'cLZ Zzr • Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability Insurance? If so,please provide the carrier's name and amount of coverage. ,k10,S er trYyt.•C.2"..; 4117 d I X z5 t4 sue✓"�+"' (0/ L%i • APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FE&PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application Is approved the Alcohol sad Gambling Enforcement Dlvlslon will return this application to be used as the License for the event PS.09079(0$;.0) 45 4 44:o` ,� City of Farmington 430 Third Street ! " Farmington,Minnesota %.,A,.�" 651.280.61300•Fax 651280.6899 ")'A TO: Mayor, Councilmembers, City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Temporary On-Sale Liquor License—Farmington Liquors DATE: September 17, 2012 INTRODUCTION Farmington Liquors is requesting a Temporary On-Sale Liquor License for a wine tasting event to be held November 15, 2012. DISCUSSION This event will be held at the Rambling River Center, 325 Oak Street. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REOUESTED Approve the attached application for a Temporary Liquor License for Farmington Liquors, for a wine tasting to be held at the Rambling River Center, 325 Oak Street, on November 15, 2012. Respectfully submitted, Cynthia Muller Executive Assistant 46 V Minnesota Department of Public Safety �`1+1, ALCOHOL AND GAMBLING ENFORCEMENT DIVISION �,�i f;,•' 444 Cedar Street Suite 222,St.Paul MN 55101-5133 (651)201-7507 Fax(651)297-5259 TTY(651)282-6555 'r- WWW.DPS.STATEI ET.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER rm t nc3 l.,l CbutCPC 5 19'50'5 eoz:z o 52. STREET ADDRESS CITY STATE ZIP CODE 1 09 'E 1 m S 'eel- ``4r ncqko q 141• 55402,4 NAME OF,PPRSON MAKING APPLICATION BUSINESS PHONE HOME PHONE tavi o�Tr s hu,s . (ssq 2e0—6.93o ( ) DATES L Q OR WILL BESO '2.0 2. TYPE OF ORGANIZATION ORGANIZATION OFFICER'S NAME ADDRESS 10Gt Elm Vrrn1rg�1t Ct1 150,22-1. ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICERS NAME ADDRESS Location license will be used. If aanoutdoor area,describe • ciRA � f0,11 rIn i�1 vex Ct n*`'c 3.75'oak 55 VPornil A5+oA , k K.) 55024 \JlC\ETTIrcr-l:it13 (03°- Will the applicant contract for Intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. e Ague c>(2 )41Q C 1-1.1es Will the applicant carry liquor liability insurance? If so,please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY WIltr rf I C%340 A ,l�AKOTA DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GANDOLINGENFORCEMENT NOTE:Submit this form to the city or county 39 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to he used as the License for the event • PS-09079(12109) • 47 7Z J,% p i City of Farmington ;' 430 Third Street P' Farmington,Minnesota `��.l "° 651.2R0.6R00•Fax 651.280.6899 �''•a, _ www.clIaremngtani.mn.LLS TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Approve a Gambling Event Permit—Farmington Fire Fighters Auxiliary Association DATE: September 17, 2012 INTRODUCTION The Farmington Fire Fighters Auxiliary Association is requesting a Gambling Event Permit at 21625 Denmark Avenue. DISCUSSION Pursuant to State Statute and pertinent City Code,an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The Farmington Fire Fighters Auxiliary Association is requesting approval to conduct turkey bingo at Farmington Fire Station 1, 21625 Denmark Avenue, on November 10, 2012. The appropriate application has been received and the Auxiliary Association is requesting the$50 investigation fee be waived. BUDGET IMPACT Gambling event fees are included in the revenue estimates of the 2012 budget. ACTION REQUESTED Consider the attached resolution approving a Gambling Event Permit for the Farmington Fire Fighters Auxiliary Association at 21625 Denmark Avenue on November 10, 2012. Respectfully submitted, Cynthia Muller Executive Assistant 48 r RESOLUTION NO.R35-12 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERM'APPLICATION FOR FARMINGTON FIRE FIGHTERS AUXILIARY ASSOCIATION Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington,Minnesota,was held in the Council Chambers of said City on the 17th day of September 2012 at 7:00 p.m. Members Present: Larson,Bartholomay,Donnelly,Fogarty,May Members Absent: None Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS,pursuant to M.S.349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS,the Farmington Fire Fighters Auxiliary Association has submitted an application for a Gambling Event Permit to be conducted at 21625 Denmark Avenue on November 10,2012,for Council consideration,and WHEREAS,the Auxiliary Association has requested the$50 investigation fee be waived. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Farmington Fire Fighters Auxiliary Association at 21625 Denmark Avenue on November 10,2012,is hereby approved and the$50 investigation fee is waived. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of September 2012. Mayor Attested to the jg-417 day of September 2012. Oti _ Administrat• SEAL 7fl) j E S1 City of Farmington 430 Third Street ! Farmington,Minnesota V 651.280.6400•Fax 651.280.6599 wwa.ci.tarmingtim mni1' TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve 2012-2013 High School Hockey Game Ice Contract DATE: September 17, 2012 INTRODUCTION The Farmington High School(High School)hockey game agreement has been revised for the 2012-2013 season due to an increase in the per hour prime time ice rental rate that the City of Farmington(the City) charges for its use. DISCUSSION On July 1, 2012,the City's Schmitz-Maki Arena(Arena)prime time ice rental rate increased from$205 per hour to$210 per hour.As a result the annual agreement that the City and the Farmington School District(School District) enters into to rent ice for the High School boys and girls hockey games needs to be revised to reflect this rate increase. An agreement is attached that reflects the $5.00 hourly rate increase for renting the Arena by the School District for High School hockey games. School District staff members have reviewed the agreement and have signed it. All other items in the agreement remain the same. BUDGET IMPACT Given the$5.00 an hour prime time ice rate increase,the Arena will receive an overall increase in payment during the season from the School District resulting in the Arena increasing its annual operating revenue. ACTION REQUESTED Approve by motion the attached agreement with the School District for the rental of the Arena for its High School hockey games. Respectfully submitted, Randy Distad Parks and Recreation Director 50 ;yap �R a, City of Farmington i - 430 Third Street 1"• ` ��.� : Farmington.Minnesota . peg v��•� '8 4 65 L280 6800•Fax 651.280.68899 ��'"pgo° www.cifsrnungton.maus FARMINGTON HIGH SCHOOL GAME ICE RENTAL AGREEMENT Independent School District No. 192 (School District) and the City of Farmington(City) agree as follows: This Agreement covers the 2012-2013 school year. The School District hereby agrees to pay to the City$318.75 an hour for Farmington High School varsity and junior varsity games when the Facility Maintenance Supervisor works during games and$258.75,an hour when the Facility Maintenance Supervisor does not work during games. Since the School District is tax exempt no taxes will be charged. The City agrees to allow the School District to keep 100%of the gross ticket proceeds from Farmington High School hockey games. In consideration of being allowed to use the Schmitz-Maki Arena(Arena), the School District, for itself and each of its members,hereby voluntarily assumes all risks of accident or damage to its property and to any person and property of said members and hereby releases and agrees to defend and indemnify the City, its officers and employees from every claim, liability or demand of any kind for or on account of any personal injury or damage of any kind sustained by it and each one of its members or guests,whether caused by negligence by the City, its officers or employees. The parties agree that the release, defense, and indemnification obligations of this Agreement are intended to be as broad and inclusive as is permitted by the laws of Minnesota. If any portion thereof is held invalid, it is further agreed that the balance shall, notwithstanding, continue in full legal force and effect.Further,the School District agrees that it and its members and guests using the Arena shall abide by all rules and regulations from time to time in effect governing the use thereof. It is understood that the City and the School District each reserves the right(1)to cancel this Agreement for any default by either party in terms of this Agreement and (2)to reschedule the dates or times of permitted use of said facilities on 20 days written notice. In the event of mechanical failure of the Arena's equipment,the School District shall be notified by the Arena staff as soon as possible. The condition of the ice sheet becomes the responsibility of the Arena staff. Prepaid fees for hours canceled due to mechanical failure shall be reimbursed to the School District. 51 The School District shall receive a refund of the amount owed for ice rental when the following conditions apply: 1. When the School District has declared school closed due to inclement weather or other emergency condition,Act of God/Force Majeure. 2. When the Minnesota State High School League curtails all practice times for any reason. All invoices or refunds due to the School District under this Agreement shall be sent directly to the School District's Business Office. The City shall provide and pay for the following: • Concession personnel • One(1) scoreboard operator • One(1) announcer • One(1) penalty box gate operator The School District shall provide and pay for the following: • First-aid personnel • Game referees • Goal judges when deemed necessary by the Athletic Director • Admission personnel The School District shall be responsible for notifying their opponents of the game schedule and fees set forth by the City for the Arena. FARMINGTON SCHOOL DISTRICT CITY OF FARMINGTON,a ISD#192 Minnesota Municipal Corporation By: Jay Haugen By: Todd Larson Its: Superintendent Its: Mayor By: David McKnight Its: City Administrator 52 ,�o 404, City of Farmington 4, mss' 430 Third Street �,� x,, Farmington,Minnesota °`,W01), 651.280.6800•Fax 651.280.6899 4S).APRO��B�a- www.ci.farmington mn.us FARMINGTON HIGH SCHOOL GAME ICE RENTAL AGREEMENT Independent School District No. 192(School District)and the City of Farmington(City)agree as follows: This Agreement covers the 2011 2012 2012-2013 school year. The School District hereby agrees to pay to the City 834-1,75$318.75 an hour for Farmington High School varsity and junior varsity games when the Facility Maintenance Supervisor works during games and$253:-75 $258.75 an hour when the Facility Maintenance Supervisor does not work during games. Since the School District is tax exempt no taxes will be charged. The City agrees to allow the School District to keep 100%of the gross ticket proceeds from Farmington High School hockey games. In consideration of being allowed to use the Schmitz-Maki Arena(Arena),the School District,for itself and each of its members,hereby voluntarily assumes all risks of accident or damage to its property and to any person and property of said members and hereby releases and agrees to defend and indemnify the City,its officers and employees from every claim,liability or demand of any kind for or on account of any personal injury or damage of any kind sustained by it and each one of its members or guests,whether caused by negligence by the City,its officers or employees. The parties agree that the release, defense, and indemnification obligations of this Agreement are intended to be as broad and inclusive as is permitted by the laws of Minnesota. If any portion thereof is held invalid, it is further agreed that the balance shall,notwithstanding,continue in full legal force and effect.Further,the School District agrees that it and its members and guests using the Arena shall abide by all rules and regulations from time to time in effect governing the use thereof. It is understood that the City and the School District each reserves the right(1) to cancel this Agreement for any default by either party in terms of this Agreement and(2)to reschedule the dates or times of permitted use of said facilities on 20 days written notice. In the event of mechanical failure of the Arena's equipment,the School District shall be notified by the Arena staff as soon as possible. The condition of the ice sheet becomes the responsibility of the Arena staff. Prepaid fees for hours canceled due to mechanical failure shall be reimbursed to the School District. The School District shall receive a refund of the amount owed for ice rental when the following conditions apply: 1. When the School District has declared school closed due to inclement weather or other emergency condition,Act of God/Force Majeure. 2. When the Minnesota State High School League curtails all practice times for any reason. 53 All invoices or refunds due to the School District under this Agreement shall be sent directly to the School District's Business Office. The City shall provide and pay for the following: • Concession personnel • One(1)scoreboard operator • One(1)announcer • One(1)penalty box gate operator The School District shall provide and pay for the following: • First-aid personnel • Game referees • Goal judges when deemed necessary by the Athletic Director • Admission personnel The School District shall be responsible for notifying their opponents of the game schedule and fees set forth by the City for the Arena. 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W I)) 5 w� W� w I¢- R re IY Z Z U s Q S O ,, , on a Q 0 1. F F- W U U U a a li li W t~n cA U~i 2 a a a a cwi) z y c? Q o a v) cn ccnn ccnn cnn ccnn ?i z Z W 0 CC > f o g W O R' co Q csi (21 0 re 5 Y `o 0 J m In W re > R vARM/y City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800•Fax 651.280.6899 GGOp�'•A pRoa�4 ` www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David McKnight City Administrator SUBJECT: Supplemental Agenda DATE: September 17, 2012 Attached is the following supplemental item for the September 17, 2012 agenda: CONSENT AGENDA 7o) Salary Investigation Summary Attached is an investigation summary in regards to past salary issues. 7® iy��, City of Farmington 0 430 Third Street Farmington, Minnesota 11191P0 651.280.6800•Fax 651.280.6899 •A moo www.ci.farmington.mn.us TO: Mayor and City Council FROM: David J. McKnight, City Administrator SUBJECT: Salary Investigation Summary DATE: September 17, 2012 INTRODUCTION Attached for your review is the investigation summary prepared by the Ratwik, Roszak and Maloney law firm on the salary increase issue that you are all aware of. DISCUSSION An investigation was requested on salary increases provided to city staff in the past 10+years. The City contracted with the Ratwik law firm to conduct this study in July 2012. The investigation found that no evidence of any illegal actions or policy violations by any former or current employees whose raises were investigated. The Ratwik firm has determined that the full report is not public data under the Minnesota Government Data Practices Act. BUDGET IMPACT To date bills have been received for the investigation in the amount of$8,388.36. All of the billing for the investigation has not been received by the City at this point. ACTION REQUESTED Acknowledge receipt of the investigation summary performed by the Ratwik, Roszak and Maloney law firm in regards to past salary issues. Respectfully submitted, David J. McKnight City Administrator CITY OF FARMINGTON INVESTIGATION SUMMARY Ratwik, Roszak & Maloney, P.A. 300 U.S. Trust Building 730 Second Avenue South Minneapolis, MN 55402 INTRODUCTION The City Administrator for the City of Farmington, David McKnight, contacted Scott T. Anderson of the law firm of Ratwik, Roszak &Maloney, P.A., to conduct an investigation into the potential misconduct of current and former employees regarding personnel issues that were not approved by the City Council. Amy Mace, Trevor Helmers, and Scott Anderson worked on the investigation. The investigation focused on whether certain current and/or former City employees violated the law or engaged in any misconduct. The investigation also explored the past practices of the City regarding personnel matters and compensation studies. During the investigation, seven witnesses were interviewed. In addition, the undersigned reviewed and analyzed portions of the City Code, past City Council Meeting Minutes and Packets, personnel policies, documents related to salary increases and promotions for a number of employees,past compensation studies, past pay equity reports, correspondence between City employees, and collective bargaining documents. An investigation report was prepared and submitted to the City Administrator. INVESTIGATION SUMMARY There was sufficient evidence produced during the investigation to support the finding that employee raises were regularly approved by the City Administrator and not brought to the City Council for approval. The evidence gathered during the investigation showed that many employees received raises throughout the years with only the approval of the City Administrator. Employees received increases in salary through pay equity adjustments, market adjustments, performance awards, step increases, and merit increases without those increases being specifically approved by the City Council. The investigation showed that this was a long-standing practice. The Council granted the authority to handle all personnel matters to the City Administrator through its adoption of City Code, Chapter 7, "City Administrator." That ordinance states that: "The City Administrator shall be Personnel Officer for the City and shall be responsible for the implementation of City personnel policy with the exception of final hiring and dismissal of City employees as specified below." Interim City Administrators are given the same authority as City Administrators. This ordinance may fairly be interpreted to mean that the City Administrator, as the personnel officer for the City, does not need to bring any personnel matters to the Council for approval, other than hiring and firing employees. Personnel matters would include salary increases. There is also evidence that the Council anticipated that employees would receive salary increases without explicit Council approval because the 1 Council approved salary ranges and a schedule of steps for employees rather than to annually set a salary for each position. With this ordinance as a backdrop, the investigation uncovered no evidence of any illegal actions or policy violations by any former or current employees whose raises were investigated. Rather, the City's past practice demonstrates that raises and changes to job titles were actions that were within the discretion of the acting City Administrator. Each employee salary increase that was reviewed as a part of this investigation was approved by an acting City Administrator. There is no law or statute which requires notice to the Council of a personnel action. The investigation uncovered no evidence of fraud. The 2002 Compensation Study reorganized the pay structure for employees and resulted in employee raises. The City Council was presented with the executive summary of that study, but never approved the final recommendations of Fox Lawson or the implementation of those recommendations. However, the City Council authorized the study, the study did not result in the hiring or firing of any employees, and the study only dealt with personnel issues of salaries and the pay structure. As such, under the practices then in place, the final decision on the implementation of the study was left to the City Administrator as the head personnel officer for the City. There was sufficient evidence discovered during the investigation to substantiate the finding that each City department built potential salary increases into the department budget. The investigation concluded that the Council tacitly approved the employee raises by approving those individual department budgets as part of the yearly budget process. Each department prepared a budget and included a salary line for the upcoming year. In their budget packets, Councilmembers could see the salary line for each department. If the increases were within the budgeted salary amount, the Council would have implicitly approved those salary increases by approving the budget. In practice, the Council set the budget for the year, and the City Administrator approved salary increases, when deemed necessary, as long as the increases were within that budget. Thus, the 2002 Compensation Study was approved by Council when the proposed salary increases were approved as part of the department budgets for the next fiscal year. No evidence was discovered during the course of the investigation to indicate that any of the salary increases caused the individual departments to exceed the budgeted amount approved by the Council. There is no illegality or violation of policy by the City Administrator implementing the study without explicit Council approval. The investigation also found that it is within the City Administrator's discretion to reorganize a position, as this would not technically be a hiring decision. There is no formal requirement that position reorganizations or job title changes must be approved by the Council, and the City Administrator has complete personnel authority other than final hiring or firing decisions. 2 While it is arguably best practice for a City Administrator to keep the Council informed of personnel matters and issues which may have arisen, there is no requirement of notification in the ordinance. If a City Administrator does not communicate or respond to inquiries from Councilmembers, or the Council disagrees with the Administrator's personnel management, the Council has the authority to amend the ordinance governing personnel matters, and/or to terminate the City Administrator. There was sufficient evidence discovered to substantiate the finding that the Council approved Cost of Living Adjustments ("COLA") for unaffiliated employees each year. The unaffiliated employees would generally receive the same COLA that had been approved for union employees through the collective bargaining process. This summary is based upon information received during the course of the investigation. Information not contained and the issues not discussed in this summary are either classified as private personnel data on employees under the Minnesota Government Data Practices Act, Minnesota Statutes, Section 13, et. seq., or were deemed irrelevant or outside the scope of the investigation. Respectfully Submitted, RATWIK, ROSZAK &MALONEY, P.A. Dated: 13,4917. By: l• 47 Cott T. Anderson Dated: 713/2 0 /Z By: Trevor S. Helmers 300 U.S. Trust Building 730 Second Avenue South Minneapolis, MN 55402 (612) 339-0060 RAM: 168005 3 itikR946 City of Farmington 430 Third Street N Farmington,Minnesota % 41410�° 651.280.6800•Fax 651.280.6899 www.cifarmington.mn.us TO: Mayor and Councilmembers FROM: David J.McKnight,City Administrator SUBJECT: Modifications to the Tax Increment Finance Plan for the HRA Redevelopment District No.2 within the Downtown Redevelopment Project DATE: September 17,2012 INTRODUCTION Ehlers and Associates will be in attendance at your September 17,2012 City Council meeting to present modifications to the Tax Increment Finance Plan for the HRA Redevelopment District No.2 within the Downtown Redevelopment Project. These modifications are being proposed after the annual review of all districts was performed by Ehlers earlier this year. DISCUSSION Ehlers is proposing the modifications to this district to reflect actual increment received to date and expected through the term of the TIF district and bring the plan into conformance with current Office of State Auditor requirements. The City is not modifying the boundaries or extending the term of the TIF district. BUDGET IMPACT Will be explained by Ehlers and Associates as a part of the presentation. ,ACTION REQUESTED After the City Council holds the public hearing on this issue,city staff recommends that a motion be made to approve the attached resolution adopting a modification to the redevelopment plan for the downtown redevelopment project and a modification to the tax increment financing plan for the HRA redevelopment district number two. Respectfully submitted, David J.McKnight City Administrator 79 CITY OF FARMINGTON DAKOTA COUNTY STATE OF MINNESOTA Council member Fogarty introduced the following resolution and moved its adoption: RESOLUTION NO.R36-12 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR HRA REDEVELOPMENT DISTRICT NO.2. BE IT RESOLVED by the City Council ("Council") of the City of Farmington, Minnesota ("City"),as follows: Section 1. Recitals 1.01. The Board of Commissioners ("Board") of the Farmington Housing and Redevelopment Authority("HRA")has heretofore established the Downtown Redevelopment Project(the "Project Area") and adopted a Redevelopment Plan therefore. On August 22, 2005, the City Council enabled the creation of an Economic Development Authority("EDA") in the City of Farmington, Minnesota. As of January 1, 2006, the EDA accepted the control, authority, and operation of all projects, programs, and activities of the HRA. It has been proposed by the EDA and the City that the City adopt a Modification to the Redevelopment Plan(the "Redevelopment Plan Modification")for the Project Area and a Modification to the Tax Increment Financing Plan (the "TIF Plan") for HRA Redevelopment District No. 2 (the "TIF District") which are referred to collectively herein as the "Modifications", all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modifications and have caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Dakota County and Independent School District No. 192, having taxing jurisdiction over the property in the TIF District, approval of the Modifications by the EDA on August 27, 2012, a review of and written comment on the Modifications by the City Planning Commission on September 11,2012, and the holding of a public hearing upon published notice as required by law. Notice of the public hearing was published in the Farmington Independent,the official newspaper of the City, on September 6, 2012. 1.04. The City is not modifying the boundaries of the Project Area or the TIF District. 1.05. The City is not extending the duration of the TIF District. Section 2. Findings for the Redevelopment Plan Modification 2.01. The Council hereby finds that: (a)the land within the Project Area would not be available for development or redevelopment without the financial aid to be sought under the Redevelopment Plan Modification; (b) the Redevelopment Plan Modification will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and (c)the Redevelopment Plan Modification conforms to the general plan for the development of the City as a whole. 2.02. These findings are based on the facts and conditions described in the Redevelopment Plan Modification,which is incorporated herein by reference. Section 3. Findings for the Modification to the TIF Plan 3.01 The Council hereby reaffirms the original findings for the TIF District,namely that when it was established,it was established as a"redevelopment district". 3.02 The modification to the TIF Plan is being completed to reflect actual increment received to date and expected through the term of the TIF District and bring the plan into conformance with current OSA requirements.The City is not modifying the boundaries or extending the term of the TIF District. 3.03 The modification to the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole. The fact supporting this finding is that the modification to the TIF Plan will generally complement and serve to implement policies adopted in the City's comprehensive plan. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 3.04 The modification to the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Project Area by private enterprise. The facts supporting this finding are that the modification to the TIF Plan will continue the redevelopment by private enterprise that has been stimulated under the original plan for the TIF District. 3.05 The Council further finds the future redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. A 37,200 square foot commercial facility has already been constructed in the TIF District, which facility would not have been constructed without the use of tax increment financing. Section 4. Public Purpose 4.01. The adoption of the Modifications conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up, to provide employment opportunities, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Section 3, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications, as presented to the Council on this date, are hereby approved,ratified, adopted and shall be placed on file in the office of the City Administrator. 5.02. The staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further Modifications, resolutions, documents and contracts necessary for this purpose. Approval of the Modifications does not constitute approval of any project or a Development Agreement with any developer. 5.03. The City Administrator is authorized and directed to forward a copy of the Modifications to the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to M.S., Section 469.175, Subd. 4a. 5.04. The City Administrator is further authorized and directed to file a copy of the Modifications with the Dakota County Auditor. The motion for the adoption of the foregoing resolution was duly seconded by Council member Bartholomay,and upon a vote being taken thereon,the following voted in favor thereof: Larson,Bartholomay, Donnelly,Fogarty,May and the following voted against the same: None Dated: September 17,2012 ATTEST: Todd Larson,Mayor David McKnight,qc!A trator (Seal) �t•.,aszor=Mw.o,:nvs.:..sr:n- .,..x.::rr.... r-r.•x,evwr�emv,y„x•:-s;•.�>.rrm.`..,v,;:';.� u�...,;. arn..m.:r:asrr.•x:vmuerx::r.•.�n•,vrer,isvwmen,.s..vusce�nw:<+c•.:n^Fi��',s�'�i'^A -">xrtyT-,"""'f'- ,r^Fr.vr'v.+T-:..y.:m t m f ti 7 pi 6 F 1 As of September S,2012 ,, Drafi for Public Hearing f e. I Modification to the r Tax Increment Financing Plan J for `: the HRA Redevelopment District No. 2 s (a redevelopment district) k k within 1 a sc the Downtown Redevelopment Project �. y Y r Farmington Economic Development Authority { F City of Farmington ii Dakota County ? 1 State of Minnesota L r: , Adopted: June 17,1991 } Public Hearing on Modification No. 1: September 17,2012 r s Modification No. Adopted: f 1 1 x t t 9 aDd 6by5:1-E69H7 LER55S� wASSOChIlAersTE-Snc,.IcoNm E H L E RS 3060 Centre Pointe ve, Roseville,Mnnesoa 55113-1105 z 651-697-85�p c I i. �u���:,:::�.����w �r�>p�„x.� �.�� a s,z..�,,,..,,�,�x,<:•.,n�•w�- ww���-:��::_��-�:�.. �, .��k.,�. rM�....,»:...,� ,,w-,,>r. w., _, ._�__��._.�.-:�.,Z�:�:��.,.. 83 Table of Contents A.STATUTORY AUTHORITY 1 B.STATEMENT OF OBJECTIVES 1 C.STATEMENT OF DEVELOPMENT PROGRAM 2 D.LEGAL DESCRIPTION OF PROJECT PROPERTY 2 E.STATEMENT OF REDEVELOPMENT ACTIVITIES FOR WHICH CONTRACTS HAVE BEEN ENTERED INTO 2 F.IDENTIFICATION OR DESCRIPTION OF TYPE OF OTHER SPECIFIC DEVELOPMENT REASONABLY EXPECTED TO TAKE PLACE WITHIN THE PROJECT AND EXPECTED DATE OR DATES THEREOF 3 G.STATEMENT OF TOTAL DEVEIDPMENT ACTIVITIES TO TAKE PLACE WITH PROPOSED DATE OF COMPLETION 3 H.PROJECT COSTS ESTIMATES INCLUDING ADMINISTRATIVE EXPENSES 3 I.PROPOSED BONDING INDEBTEDNESS TO BE INCURRED 4 J.SOURCE OF REVENUE TO FINANCE OR OTHERWISE PAY PUBLIC COSTS 4 K.MOST RECENT NET TAX CAPACITY OF TAXABLE REAL PROPERTY WITHIN TAX INCREMENT FINANCING DISTRICT 5 L.ESTIMATED CAPTURED NET TAX CAPACITY OF TAX INCREMENT FINANCING DISTRICT UPON REDEVELOPMENT COMPLETION 5 M.DURATION OF TAX INCREMENT FINANCING DISTRICT 5 N.STATEMENT OF AUTHORITIES'ESTIMATE OF IMPACT OF TAX INCREMENT FINANCING DISTRICT ON ASSESSED VALUES OF ALL TAXING JURISDICTION AFFECTED THEREBY 6 O.STUDIES AND ANALYSIS 8 P.BUSINESS SUBSIDIES 8 Q.DEFINITION OF TAX INCREMENT REVENUES 9 R.MODIFICATIONS TO THE DISTRICT 9 S.ADMINISTRATIVE EXPENSES 10 T.USE OF TAX INCREMENT 11 U.EXCESS INCREMENTS 11 84 V.ASSESSMENT AGREEMENTS 11 W.ADMINISTRATION OF THE DISTRICT 12 X.ANNUAL DISCLOSURE REQUIREMENTS 12 Y.REASONABLE EXPECTATIONS 12 Z.OTHER LIIVIITATIONS ON THE USE OF TAX INCREMENT 12 AA.SUMMARY 13 AB.FISCAL DISPARITIES ELECTION 13 Exhibits "A"—Description of Property to be Included in the District "B"—Project Cost Estimates "C"—Projected Tax Increments to be Received «D»-Map 85 A.STATUTORY AUTHORITY The Housing and Redevelopment Authority of the City of Farmington,Minnesota(hereinafter HRA),undertakes this project pursuant to Minnesota Statutes 469.001 to 469.047 as HRA Development District #2. Further, pursuant to M.S.A.469.174 to 469.190 the HRA intends financing for HRA Development District#2 through the use of tax increment financing. (AS MODIFIED SEPTEMBER 17,2012) On August 22, 2005, the City Council enabled the creation of an Economic Development Authority ("EDA") in the City of Farmington, Minnesota. As of January 1, 2006, the EDA accepted the control, authority,and operation of all projects,programs,or activities of the HRA. B.STATEMENT OF OBJECTIVES 1. Provide new infrastructure facilities to provide impetus for industrial development to be located on the Redevelopment Property; 2. Improve and provide opportunities for growth in the financial base of the City; 3. Provide employment opportunities through the creation of new jobs; 4. Provide opportunities for development of and expansion of existing businesses; 4. Acquire land or space and poorly configured parcels which are vacant,unused,underused, or inappropriately used a part of which consists of abandoned railroad right-of-way; 5. Acquire property for public use and/or reuse by private enterprise; 6. Eliminate blight and blighting influences which impede potential development by employment opportunities and upgrading of developed property within the city; 7. Coordinate elements of the City's Comprehensive Plan with project objectives;and 8. Provide maximum opportunity,consistent with the needs of the City,for development by private enterprise. 9. Raze dilapidated residential buildings,join together irregular parcels to create an economically viable parcel on which development can occur and redevelop area to appropriate land use. 10. Eliminate soil and water contaminated area thereby becoming a developable area by private enterprise. 11. Remove possible hazardous waste substances and the sources of that contamination. (AS MODIFIED SEPTEMBER 17,2012) The TIF Plan for TIF District No. 2 is being modified to reflect actual increment received to date and expected through the term of the District and bring the plan into conformance with current OSA requirements. 1 86 C. STATEMENT OF DEVELOPMENT PROGRAM The tax increment financing district is being created for the purpose of continuing improvement and revitalization activities in and adjacent to the existing downtown area of the City of Farmington in accordance with the City's Comprehensive Plan and the objectives of BRA.The proposed redevelopment consists of razing obsolete and blighted housing;purchase numerous parcels of poorly configured lots; purchase former railroad right-of-way property; and petition City to vacate former streets within the area. The HRA shall combine the parcels to form a single economically viable parcel consistent with HRA project plans and objectives and the City's overall development plan. The BRA proposes to assist the developer in acquiring the unified parcel of land or portion thereof as hereinafter legally described,together with streets to be vacated,for the construction of commercial and residential facilities.In addition,the developer will be assisted in a portion of the costs of site development,public utilities installation and other public improvement costs associated therewith.Funding for public redevelopment costs will be born by the HRA partly through the issuance of Bonds with repayment thereof by the tax increment generated as a result of this development and partly through repayment to BRA for acquisition costs born by HRA. Currently the BRA has negotiated the development contract relating to the construction of a retail shopping facility to be located thereon. Further, this project is part of a larger redevelopment plan one of the objectives of which is to relocate existing manufacturing from blighted areas in the commercial area to a more appropriate location to provide efficient allocation of land, and separate incompatible land uses.The HRA is negotiating to relocate Austin Products will allow the manufacturing site to be cleared and the property redeveloped to eliminate blight in the area of the original commercial downtown and reconfigure the original parcels to conform to the Downtown Redevelopment Plan. D. LEGAL DESCRIPTION OF PROJECT PROPERTY See Exhibit"A"attached. E. STATEMENT OF REDEVELOPMENT ACTIVITIES FOR WHICH CONTRACTS HAVE BEEN ENTERED INTO The BRA has entered into a Development Agreement with Elm Park Limited, Inc., for the construction of a 37,200 square foot commercial facility to be located on the site.The commercial facility is to have an assessed valuation of$1,860,000.00 pursuant to the terms of an Assessment Agreement.The Development Agreement is contingent upon HRA being able to acquire all necessary properties at a cost which will be recoverable through payment of tax increment to be received in respect to the project. The contract is further contingent upon Developers obtaining financing acceptable to HRA and the titles to the several properties being marketable or acceptable to Developer.The expected completion date of construction is spring of 1992. (AS MODIFIED SEPTEMBER 17,2012) As of the date of this modification,the Authority has entered into contracts with the following developers for the following development activities: 1. The Elm Park Limited Incorporated,dated September 20,1993.Activity is the construction of an approximately 37,200 square foot commercial facility,which has been completed. 2 87 F. IDENTIFICATION OR DESCRIPTION OF TYPE OF OTHER SPECIFIC DEVELOPMENT REASONABLY, EXPECTED TO TAKE PLACE WITHIN THE PROJECT AND EXPECTED DATE OR DATES THEREOF Without HRA acquisition of parcels, clearing of blighted buildings, and purchase of prior railroad right-of- way to form a unit viable for development,no other development is reasonably expected in the foreseeable future within the project area.Further this development is the relocation of an existing manufacturing business within the blighted area to a more appropriate location. G. STATEMENT OF TOTAL DEVEIDPMENT ACTIVITIES TO TAKE PLACE WITH PROPOSED DATE OF COMPLETION Purchase and Transfer of Project Property .. Fall of 1990 --free of encumbrances thereon- Site Preparation for Construction ... Fall of 1990 Installation of Utilities Fall of 1990 Paving Spring of 1991 Curbs and Walkways Installed Spring of 1991 Landscaping Spring of 1991 H. PROJECT COSTS ESTIMATES INCLUDING ADMINISTRATIVE EXPENSES See Exhibit"B"attached. (ASMODJFJED SEPTEMBER 17,2012) The total uses of funds has been revised to reflect the actual increment received to date and expected to be received through the term of the District. In addition,the City and EDA have determined that it will be necessary to provide assistance to the project(s)for certain District and Downtown Redevelopment Project costs. The revised cumulative uses of tax increment funds is summarized in the table below: USES OF TAX INCREMENT FUNDS TOTAL Land/Building Acquisition $350,000 Site Improvements/Preparation $250,000 Other Qualifying Improvements $1,350,000 • Administrative Costs(un to 10%) $300,000 PROJECT COST TOTAL $2,250,000 Interest ,$900,000 PROJECT AND INTEREST COSTS TOTAL $3,150,000 The total project cost,including financing costs(interest)listed in the table above does not exceed the total projected tax increments for the District as shown in Section J. 3 88 Estimated capital and administrative costs listed above are subject to change among categories by modification of the TIF Plan without hearings and notices as required for approval of the initial TIF Plan, so long as the total capital and administrative costs combined do not exceed the total listed above.Further, the EDA may spend up to 25 percent of the tax increments from the District for activities(described in the table above) located outside the boundaries of the District but within the boundaries of the Project (including administrative costs,which are considered to be spent outside the District),subject to all other terms and conditions of this TIF Plan. 1. PROPOSED BONDING INDEBTEDNESS TO BE INCURRED Bonding up to the amount of$1,250,000.00 will be issued in phases in respect to the project. Further, the remaining public development costs are to be financed by HRA indebtedness in respect to land acquisition; repayment to be made from TIF funds.Said financing to be in accordance with paragraph H above. (AS MODIFIED SEPTEMBER 17,2012) The EDA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of$1,250,000. Such bonds may be in the form of pay-as-you go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of this modification. J. SOURCE OF REVENUE TO FINANCE OR OTHERWISE PAY PUBLIC COSTS Public costs will be repaid by tax increment received pursuant to the schedule of projected payments shown on Exhibit"C"attached hereto. (AS MODIFIED SEPTEMBER 17,2012) The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The EDA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues for the District are shown in the table below: SOURCES OF FUNDS TOTAL Tax Increment $3,100,000 Interest $50.000 TOTAL $3,150,000 4 89 K. MOST RECENT NET TAX CAPACITY OF TAXABLE REAL PROPERTY WITHIN TAX INCREMENT FINANCING DISTRICT Parcel #14-77000-030-18/Tax Capacity $ -0- Parcel #14-77000-040-18/Tax Capacity $ -0- Parcel #14-77000-050-18/Tax Capacity $ 13.78 Parcel #14-77000-060-18/Tax Capacity $ 2,065.30 Parcel #14-77000-061-18/Tax Capacity $ 387.48 Parcel #14-77000-070-18/Tax Capacity $ 1,463.46 Parcel #14-77000-080-18/Tax Capacity $ 590.10 Parcel #14-77000-090-18/Tax Capacity $ 604.84 Parcel #14-77000-100-18/Tax Capacity $ -0- Parcel #14-77000-060-25/Tax Capacity $ -0- Parcel #14-03100-012-01/Tax Capacity $ 953.18 Parcel #14-03100-011-37/Tax Capacity $ 1,822.78 (AS MODIFIED SEPTEMBER 17,2012) The actual original local tax rate for the TIF District is 132.731,which is the rate for taxes payable in 1994. The estimated rate for taxes payable in 2012 is higher,as shown in the chart below.The lower rate is used for purposes of tax increment projections in the Modification Project Estimated Tax Capacity upon Completion(PTC) $110,440 Original Estimated Net Tax Capacity(ONTC) 8,395 Estimated Captured Tax Capacity(CTC) $102,045 Original Local Tax Rate 1.32731 Pay 1994 Estimated Annual Tax Increment(CTC x Local Tax Rate) $135,445 Percent Retained by the EDA 100% L. ESTIMATED CAPTURED NET TAX CAPACITY OF TAX INCREMENT FINANCING DISTRICT UPON REDEVELOPMENT COMPLETION See Exhibit"C"attached hereto. M. DURATION OF TAX INCREMENT FINANCING DISTRICT The tax increment financing district is a redevelopment district.The district shall exist for twenty-five(25)years from the date of the receipt of the first tax increment payment. If the public costs are repaid within a shorter period,the district shall be dissolved as of the date of repayment of such costs.See Exhibit"C"attached hereto. 5 90 (AS MODIFIED SEPTEMBER 17,2012) Pursuant to M.S,,Section 469.175,Subd. 1,and Section 469.176,Subd.1,the duration of the District must be indicated within the TIF Plan. Pursuant to M.S.,Section 469.176,Subd.lb,the duration of the District will be 25 years after receipt of the first increment by the City(a total of 26 years of tax increment). The date of receipt by the City of the first tax increment was July,1996. Thus,it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes,would terminate after December 31,2021,or when the TIF Plan is satisfied. The City reserves the right to decertify the District prior to the legally required date. N. STATEMENT OF AUTHORITIES'ESTIMATE OF IMPACT OF TAX INCREMENT FINANCING DISTRICT ON ASSESSED VALUES OF ALL TAXING JURISDICTION AFFECTED THEREBY The property in question is taxed as: Parcel #14-77000-030-18 Parcel #14-77000-040-18 Parcel #14-77000-050-18 Parcel #14-77000-060-18 Parcel #14-77000-061-18 Parcel #14-77000-070-18 Parcel #14-77000-080-18 Parcel #1477000-090-18 Parcel #14-77000-100-18 Parcel #14-77000-060-25 Parcel #14-03100-012-01 Parcel #14-03100-011-37 with total market value of$400,400.00 and assessed value of$400,400.00. The gross tax on the parcels is $7,900.92;the same being broken down as follows,to-wit: City of Farmington $1,858.93 School District#192 $4,407.29 Dakota County $1,520.61 Other $114.56 Assuming the property was developed as proposed without the aid of tax increment financing the impact on the taxing jurisdictions would be as follows: The appraised value of the property as improved is estimated to be approximately$4,260,000.00 Real Estate Tax to be generated, in excess of the present base tax, is in the estimated amount of $178,406.00 with the same being allocated as follows: Percentage Amount City of Farmington 23.528 $41,975.00 Independent School Dish Ict 55.782 $99,518.00 Dakota County 19246 $34,336.00 Others 1.445 $2,577.00 6 91 However,the development as proposed would not be viable within the foreseeable future without the assistance of tax increment financing. Therefore there is no negative impact on the respective taxing jurisdictions excepting therefrom loss to the City of Farmington of LGA Funds of$342,507 as determined by present law. (AS MODIFIED SEPTEMBER 17,2012) The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 14-25831-00-010 OUTLOT A Farmington City Center LLC 14-25831-01-010 113 Elm St. City Center Development LLC 14-25831-01-020 109 EIm St. Farmington City Center LLC 14-25831-01-031 115 Elm St. Farmington City Center LLC The charts below include the captured tax capacity for the original and modified District. IMPACT ON TAX BASE 2011/Pay 2012 Estimated Captured Total Net Tax Capacity(CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Dakota County 356,397,445 102,045 0.0003% City of Farmington 13,576,819 102,045 0.0075% ISD 192 22,964,744 102,045 0.0044% IMPACT ON TAX RATES Pay 2012 Percent Potential Extension Rates of Total CTC Taxes Dakota County 0.314170 20.40% 102,045 32,059 City of Farmington 0.63093 40.97% 102,045 64,383 ISD 192 0.55292 35.91% 102,045 56,423 Other 0.04187 2.72% 102,045 4.273 Total 1.53989 100.00% 126,120 The estimates listed above display the captured tax capacity as of taxes payable in 2012. The tax rate used for calculations is the actual Pay 2012 rate. The total net capacity for the entities listed above are based on actual Pay 2012 figures. 7 92 O. STUDIES AND ANALYSIS In 1984,Barton-Aschman Associates, Inc. prepared a study of Retail Market Analysis and Revitalization study. Subsequently,and in conjunction with the above named study Milo Thompson prepared a further study in 1987, taking into account the physical locations of revitalization activities to accomplish HRA objectives. In the intervening years the City of Farmington and the HRA have repeatedly attempted to accomplish the objectives and parts thereof by private investment and development without government assistance. Those efforts experienced miimal success because interested private efforts experienced minimal success because interested private developers found that development,without substantial government aid,was not practicable.Therefore, since no private development was found to be feasible for this property and since the City of Farmington and the HRA must move forward to accomplish the objectives of redevelopment and eliminate blight,the project is being undertaken by the HRA.Although the HRA has repeatedly attempted to induce private investment,the fact is that both in the past and in the reasonably foreseeable future,it appears that private investment and redevelopment of the subject property is not viable without government assistance. (AS MODIFIED SEPTEMBER 17,2012) P.BUSINESS SUBSIDIES Pursuant to M.S.,Section 1161.993,Subd.3,the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than$150,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses,such as a line of business,size,location,or similar general criteria; (3) Public improvements to buildings or lands owned by the state or Iocal government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in MS.,Section 1161.552,Subd.3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50%of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S,Section 469174,Subd.23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers'compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501(c)(3)of the Internal Revenue Code of 1986,as amended through December 31,1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174,Subd 19; 8 93 (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature; (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of$150,000 or less; (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration;and Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation under Minnesota Rules,chapter 8100. The will comply with M.S.,Sections 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Q. DEFINITION OF TAX INCREMENT REVENUES. Pursuant to M.S., Section 469.174, Subd 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity,but excluding any excess taxes,as computed under M.S., Section 469.177; 2. The proceeds from the sale or lease of property,tangible or intangible,to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1,1993;and 6. The market value homestead credit paid to the Authority under M.S.,Section 273.1384. R. MODIFICATIONS TO THE DISTRICT In accordance with M.S.,Section 469.175,Subi 4,any: 1. Reduction or enlargement of the geographic area of the District,if the reduction does not meet the requirements of M.,.,Section 469.175,Subd.4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City; 5. Increase in the estimate of the cost of the District,including administrative expenses,that will be paid or financed with tax increment from the District;or 6. Designation of additional property to be acquired by the EDA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. 9 94 Pursuant to M.S.Section 469.175 Subd. 4(0,the geographic area of the District may be reduced,but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S.,Section 469.174,Subd.10,must be documented in writing and retained. The requirements of this paragraph do not apply if(1) the only modification is elimination of parcel(s) from the District and (2XA) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or(B)the EDA agrees that,notwithstanding M.S.,Section 469.177,Subd 1,the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The EDA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. S. ADMINISTRATIVE EXPENSES In accordance with M.S.,Section 469.174,Subd. 14, administrative expenses means all expenditures of the EDA or City,other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project;or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.&,Section 469.178;or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses(1)to(3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S.,Section 469.176,Sub. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments,as defined by M.S.,Section 469.174,Subd.25,clause(1),from the District,whichever is less. Pursuant to M.S.,Section 469.176,Subd 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S,Section 469. 177,Subd. 11,the County Treasurer shall deduct an amount(currently.36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. 10 95 T. USE OF TAX INCREMENT The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay the cost of redevelopment of the Downtown Redevelopment Project pursuant to M.S.,Sections 469.090 to 469.1082; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance,or otherwise pay for other purposes as provided in M.S.,Section 469.176,Subd,4; 5. To pay principal and interest on any loans,advances or other payments made to or on behalf of the EDA or City or for the benefit of the Downtown Redevelopment Project by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIE Plan or pursuant to M.S., Chapter 4620 M.S.,Sections 469.152 through 469.165, and/or M.S., Sections 469178;and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165,and/or M.S.,Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S.,Section 469.176,Subd.4. Tax increments generated in the District will be paid by Dakota County to the EDA for the Tax Increment Fund of said District. The EDA or City will pay to the developer(s)annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for EDA or City administration (up to 10 percent) and for the costs of public improvement activities outside the District. U. EXCESS INCREMENTS Excess increments,as defined in M.S.,Section 469176,Subd.2,shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds;or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The EDA or City must spend or return the excess increments under paragraph(c)within nine months after the end of the year. In addition,the EDA or City may,subject to the limitations set forth herein,choose to modify the TIF Plan in order to finance additional public costs in the Downtown Redevelopment Project or the District. V. ASSESSMENT AGREEMENTS Pursuant to M.S.,Section 469.177,Subd 8,the EDA or City may enter into a written assessment agreement 11 96 in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed,review the market value previously assigned to the land upon which the improvements are to be constructed and,so long as the minimum market value contained in the assessment agreement appears,in the judgment of the assessor,to be a reasonable estimate,the County Assessor shall also certify the minimum market value agreement. W. ADMINISTRATION OF THE DISTRICT Administration of the District will be handled by the City Administrator. X. ANNUAL DISCLOSURE REQUIREMENTS Pursuant to M.S:,Section 469.175,Subds.5,6,and 6b the EDA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor,County Board and County Auditor on or before August 1 of each year. M.S.,Section 469.175,Subd.5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subtl.S and Subd. 6,the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Y. REASONABLE EXPECTATIONS As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination,reliance has been placed upon written representation made by the developer to such effects and upon EDA and City staff awareness of the feasibility of developing the project site(s) within the District. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development(less the indicated subtractions)exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Z. OTHER LIMITATIONS ON THE USE OF TAX INCREMENT 1. General Limitations. MI revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Downtown Redevelopment Project pursuant to M.S., Sections 469.090 to 469.1082; Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition,construction,renovation,operation,or maintenance of a building to be used primarily and regularly for conducting the business of a municipality,county,school district,or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 12 97 2. Pooling Limitations. At Ieast 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay,or secure payment of,debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended,through a development fund or otherwise,on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction,all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S.,Section 469.1763,Subd. 3,has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S.,Section 469.1763,SubtL 5. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under M.S, Section 469.176 Subd. 4). These costs include,but are not limited to,acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land,and installation of utilities,roads,sidewalks,and parking facilities for the site. The allocated administrative expenses of the EDA or City, including the cost of preparation of the development action response plan,may be included in the qualifying costs. AA.SUMMARY The City of Farmington established and is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIP Plan for the District was prepared by Ehlers&Associates,Inc.,3060 Centre Pointe Drive,Roseville,Minnesota 55113, telephone(651)697-8500. Ali.FISCAL DISPARITIES ELECTION Pursuant to M.S.,Section 469.177,Subd.3,the EDA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S.,Section 469.177,Subd 3,clause a,(outside the District)are followed,the following method of computation shall apply: (1) The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity,there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity,the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated,in its tax increment financing plan,to share with the local taxing districts is the retained captured net tax capacity of the authority. 13 98 (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as )veil as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of(A)the local taxing district tax rates or(B)the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City will choose to calculate fiscal disparities by clause a. According to M.S.,Section 469.177,Subd.3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or(b)shall remain the same for the duration of the district,except that the governing body may elect to change its election from the method of computation in paragraph(a)to the method in paragraph(b). 14 99 EXHIBIT"A" DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT Parcel #14-77000-030-I8 Parcel #14-77000-040-18 Parcel #14-77000-050-18 Parcel #14-77000-060-18 Parcel #14-77000-061-18 Parcel #14-77000-070-18 Parcel #14-77000-080-18 Parcel #14-77000-090-18 Parcel #14-77000-100-18 Parcel #14-77000-060-25 Parcel #14-03100-012-01 Parcel #14-03100-01I-37 (AS MODIFIED SEPTEMBER 17,2012) The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 14-25831-00-010 OUTLOT A Farmington City Center LLC 14-25831-01-010 113 Elm St. City Center Development LLC 14-25831-01-020 109 Elm St. Farmington City Center LLC 14-25831-01-031 115 Elm St. Farmington City Center LLC 15 100 EXHIBIT`B" FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY REDEVELOPMENT DISTRICT NO.2 PROJECT COSTS ESTIMATES MAY 15, 1991 Activity Cost Acquisition $ 1,479,565 Relocation 45,000 Demolition 55..000 TOTAL $ 1,579,565 On-Site Improvements Streets/Utilities(Estimate) $350,000 Parking Lot 125,000 Landscaping 50,000 Bond Interest 1,575,500 Issuance 195,000 Administration 510,525 Soil Contamination 300,000 New Tax Base 5 2 TOTAL ESTIMATED COSTS $ 5,330,715 16 101 0 W ,n �' i�'000 �' o `b' o N ft E-( o0W00Wt0�0oCo0o oa N N N N N N N N N 9;6969699;699;69.69 U; .0 0 w p.l0l0lDl0lDl0l0lDl0 O O 0\a\a\ a\ O\ a\ 6\6\a\ O - d; d 'mot ,7MMM CMMMCMMM 00 069646.96436960 H4 OMMMMMMMMM N IVI 1-4• °IalMalsCh VI, k.16 10 10 10 10 tD 10 0\O M 6699;699;699;69699; 3 Q D O O O pp O O pp O O p . . . . . . . .. eL: � 45 5,',e,e.,W N rZ - N N N N N N N .4 . 1 1 .- py � 0699;9;69 69 69 69 69 69 d AA 0 00U N N N N N N N N N g Q O o O O b O O O, • siNNNNNsINfI W 4 4 69 69 69 se w ll OtolDtoDtototo ° q O ,r,00000OOO - ,D H �„42... — - -3 , . .-, 9;69 ;9; 2 8NN NNNN�} O , ,• Dooa , oOOO yyy ; ygyygyy GS N 4 lecRg8V;V'AcT8 m a- a a\ O _ 0 ,--a .--..-- N o N 102 EXIIBIT"D" MAP OF DOWNTOWN REDEVELOPMENT PROJECT AND HRA REDEVELOPMENT DISTRICT NO.2 T75Ti{ST•)V �•`! + '•} t A• 17YIHSilt,/ o0 '��a It STWI iki.• • ''•ia}1yo sr vr;r Ai ,•1 st la5IH OT''�••.e:tti . 4 • • ,- 4, .. 0e I Y 19) sl w i99T ST Y , .4:61,-, • te?w°ow fj� y� • e INO;Tt ,•,� :sy._195hHSTW t. •• ° ° •h. ,,,,;f fil? p y .r . g t,H ST .fyt - Hsi w a • b' �J`j' yga a�° �"'y, .per°' 20157 at yin tl;., .• v +' • (�..jl CSI 't!• i A � A� , ' 1 '. . * 1 114 Ili,'it, -4 i /i1{St'w t p '20t8rThAST w, : V Y i :�/1 •• ,V .ILLOW S -- ..„n 2n N tST, is 213TH A11 imevit `R, 'KlitilSFN�R9 �' 9 �� 1F7OAK sr.; yL . i �iis... Si'TUCU St, ' t N•,'•z 4. Downtown Redevelopment Projedf 42, T , 'e z I N;.1'I DRARedevelopmeentD3sl idtNo.2 I . °i?. : . ■ !CO%- < "I ±L,1` 1'V f ¢ 1 3 225TH'$1 w • • . r v • ti•....7.4,/, A 406 ■ CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA DOWNTOWN REDEVELOPivirNT Thai rCT ERA REDEV LOrN1ENT DIS'T`RICI'No,2 18 103 City of Farmington dpia__,15= 430 Third Street 1 r Farmington,Minnesota A°° 651.2R0.6R00•Fax 651.280.6899 �� D° ww.ci.fitrenington_miuts TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: 195th Street Assessment-Fairhill Property DATE: September 17, 2012 INTRODUCTION In accordance with the terms of the PUD agreement dated June 2, 2008, the developer is obligated to begin payment of their portion of the project cost in 2013. DISCUSSION The outstanding portion of the developer's obligations for the195t Street Project is $4,632,010. This amount will be proportionally assessed against the subject properties in the area covered by the PUD based on area. The interest rate per the PUD will be 3.786%, and interest will begin accruing on January 1, 2013. As with any assessment,the developer will have the opportunity to pre-pay the assessment prior to certification with Dakota County. The developer will have until November 29, 2012, to pre-pay any of the assessments, at their discretion, without interest or assessment fees. BUDGET IMPACT Funds collected through this assessment are included in the fmancial plan for the 195th Street Project. ACTION REOUESTED By motion, approve the attached resolution adopting the assessment roll for the Fairhill development related to the 195th Street Project. Respectfully submitted, Kevin Schorzman, P.E. City Engineer cc: file 104 CITY OF FARMINGTON RESOLUTION NO.: R37-12 RESOLUTION ADOPTING ASSESSMENT PURSUANT TO TERMS OF DEVELOPMENT AGREEMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,Minnesota, was held in the Council Chambers of said City on the 17th day of September 2012 at 7:00 p.m. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member Donnelly seconded the following: WHEREAS, the City of Farmington and the Owner and Developer of the Fairhill Development entered into a Planned Unit Development Agreement on June 2,2008,Dakota County Recorder #2599311, and amended that Agreement on May 2, 2011, Dakota County Recorder #2809625,and; WHEREAS, the Agreement and Amended Agreement provide for the City to levy certain special assessments against the project property for certain public improvements as specified in those Agreements, and; WHEREAS, those public improvements have been completed and the costs of construction have been calculated by the City. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON,MINNESOTA: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 11 years,the first of the installments to be payable on or before the first Monday in January 2013, and shall bear interest at the rate of 3.786 percent per annum from January 1, 2013. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to January 1, 2013, pay the whole of the assessment on such property, to the city treasurer, and he/she may, at any time 1 thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes.' ADOPTED this 17th day of September, 2012, by the City Council of the City of Farmington. CITY OF FARMING N -- Todd Larson, Mayor Attested to the /g4 yy tiay of September 2012. I// R // t c! -id McKnight, City Aistrator SEAL 2 EXHIBIT"A" Fairhill Property Assessment Roll PID# Amount 140190001017 $ 508,503.29 140180076012 $ 404,351.40 140180075020 $ 381,453.12 140180002050 $ 102,941.40 140180025030 $ 14,828.40 140180075030 $ 23,150.47 140180050040 $ 83,321.51 140180051020 $ 182,883.65 140180050021 $ 119,938.59 140180052014 $ 124,326.58 140180052030 $ 59,868.42 140190025014 $ 340,296.73 140190026020 $ 51,848.98 140070076010 $ 402,485.24 140180001013 $ 400,972.14 140180002040 $ 297,475.94 140180025020 $ 514,505.26 140180026010 $ 198,569.47 140130001020 $ 261,262.35 140180050025 $ 89,827.85 140180050050 $ 69,199.22 $4,632,010.00 3 195th Street Assessment Parcels ,,,,,,,,,,,„.. .,,,4,t1 v , ii, L.,,," ,:„, , „.,,,,, , ,.. ., ,f ,, ,. , , w , q e •• t a«.-..,e r t}) • e ■F 1� .. , . 140070076010" ..1401430001020 , - - _, . � , ' *,,,:: , ` 140180025020 " 140 800E `1Q ,. t 140180026010 `' it ' ''1 '"_ 1401800020340 1401800250304 140180002050 O,; .K., :„.%:.4.1.,, 140180051020 �--- 140180075030- v14018005002 5 140180075020 '__ ___._ `' x--140180050050 y ,,. 140180052.014 k' 140180050040 10. ',: 14018007612. . , .: .,, 140180052030 , ` 7-'1'''' k'� .4..._.-140180050021 , 40190025014 140190001017 1 " Yyf r! rj(r,-r1 *i f _ 140190026020 "`1'°"'4 ' '` `y j a = A r A * t ✓ j r k �, 1 0' r ,, '. ; r!1— 4 �. i tree• t 'L.:"v, r ;''. w f T. 4?, ` III 1‘ ': �. rig. , 44, 4 t y t i r., a t "iEti / 0.?ct_ 40R4vyc City of Farmington alp, 430 Third Street Farmington,Minnesota 4 651.280.6800•Fax 651.280.6899 4r•A r�01' a' www ci.€armington mn us TO: Mayor and City Council FROM: David J.McKnight,City Administrator SUBJECT: Ice for Tigers Presentation DATE: September 17,2012 INTRODUCTION The Ice for Tigers group will be in attendance at your September 17,2012 City Council meeting to formally request a number of items from the city. These items were reviewed in detail at your September 10,2012 City Council work session. DISCUSSION The Ice for Tigers group will be formally asking you to approve the following items at your meeting: 1. Approve the ability for a new rink to be added to the Schmitz-Maki Arena contingent upon agreement of a joint powers agreement(JPA)by all seated WA parties. 2. Approve the ability to sell both naming rights to the new sheet and naming rights to the arena(Schmitz-Maki retains the current sheet and our group recognizes their instrumental contribution to our community)contingent on City Council/Parks and Recreation approval. 3. Approve the ability to sell sponsorship opportunities in the new rink with sponsored player benches,scoreboard,penalty boxes,scorer's table,locker room and seats contingent upon City Council approval. 4. Approve the ability to sell sponsorship dasher board panels for upfront capital investments over a period of five to 10 years,contingent upon City Council approval. 5. Approve the ability to sell pucks for donations for our$500K wall which will be mounted at the new sheet on the wall in the format of a"TIGERS"display. 6. Approve a joint working session alongside JPA parties to reach mutual agreement on a JPA. These items were reviewed in more detail at your last work session. Ice for Tigers representatives will be available to answer any additional questions you might have. 109 BUDGET IMPACT To be determined. ,ACTION REQUESTED If the City Council is comfortable moving forward at this point,realizing there is much work to be done on this issue before final decisions are made,a motion should be made to approve some or all of the requested items that the Ice for Tigers group has requested. City staff is willing to continue to work with this group and the JPA group to provide requested information and our experience in this area. If the number of City Council member spots has been determined for participation in the joint powers agreement work group,you may want to discuss and potentially appoint members to this group if you desire. Respectfully submitted, David J.McKnight City Administrator 110 1 71 it iz ti^;, Ice for Tigers 1f'3j= g A Partnership focused on bringing more ice ut°t ' to Farmington. Contact @IceForTigers.com http://www.icefortigers.com jitry_11'} �;SYL ,e` .R.t f ya. Mission To BRING ANOTHER SHEET OF ICE TO THE FARMINGTON =;1ysx SKATING COMMUNITY (SCHOOL, HOCKEY, FIGURE—SKATING :YS { t£ AND LEARN—TO—SKATE) SO THAT OUR ATHLETIC PROGRAMS '77 ; CAN BE MORE COMPETITIVE OUR DRAW CAN BE MORE FF. WIDESPREAD, OUR CHILDREN CAN GROW UP WITH THE DISCIPLINE OF AN ORGANIZED SPORT, OUR CITY CAN GROW ; rttyr -na) six AND OUR COMMUNITY CAN BE MORE FAMILY—FOCUSED BY REDUCING CONSIDERABLE DRIVE—TIME TO PLAY SPORTS OUR CHILDREN LOVE. if a 1 Y 111 p,:w.q:L oxss,5"�,"; Rimmot :ce.114NS. {r: How did get here? . .a ' !�� s =' •+`ae ' ```a`�, p . 4 k s ya,,,,4.-0 V,,,, ..?1,,,f,,,5.r :A x ;! vSSIVII fig,W • a .el:F -i, PeAt '�y *g: a.b j4 a' > 403�egrali a I , 910 o r,0 w }f , - X �� X 11p l iell 11 ii 51' - c ,�`' a F t f,4 ph ;444te � A∎1.6.1: .,_1111.11111104 Y a . 1 >° z t '. c $ k:: I: - �� :• n , ? On build,at he s ite ea >�oy a^ ' :"li� 4-+:Can sbd on '`:. �ndyvtat ddesi�:#ake '�;::> ' ',,seei sie w en f�om . ' fiy „iS� #.2, .: uilt?• ; , ` ' f :•pies-In RIY e �rn �n i :' 4 an �s " �'i W 4t d. .puri � Q . . tir ' :::::.•,:•:,:. 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S;How:rU . a.. � ':r a�fr. �. a • 'sti . a' December 2011—May 2012 May 2012--September 2012 September 2012 onward °' =K`'! •292 Design Group - Plan E `K 'rr 01('--- --li 3 Tr'--... =" X960 Ir..17:1‘t III M _ �. E Ilil <: 4.._ 0 so \fPI[ • J • h lill -- --- -- ---- =::: 'r :::.:=: _-= =—2: on i. ,..) g _ I) 0. 1 1111 MpIOW b son ., _._.. LI1�- ex. ._ .......... MAMMA WAWA 1M'' ) 112 eZP"'" • , , .;•if_. • , ,-, .. Financial Sourcing ,,, ., ... . ,„_ but ® Goal is to raise a portion of the funds via private funding look to retire the debt over a 5 year period. i,<5, �S'zY# Sheet Naming Rights* Z 4, s !, { f f - Players Bench naming Rights* e- i -51�� r�"; , .,1 `. y 4, Penalty Box&Scorers table Rights `' �t's`(r.',(>/:i.-,;;I e3�� E � � k {'s"•`e t, x A . SLocker Room Naming Rights ` ''fi4 a-Ga;7fs ".3.` f `5• rt. s �S.1... " '''- .k a Build Sponsors,-2 4 t-, y i, rw -.y V`"...•P r t c },4-> z a� iE •---'4,-,t"," a�f .vr c «4r•fiw � g ru•� -a r'= " a �.,Puri 3 - d¢tz,i s i,zsr A r r Y � f s r Al , {-•••,r,•,,,,••..4,,,:�c n3 „,,,',,,,':'''',>\yr '+ ? s r” v r� A tr fuy- w x . ,r i ,. . x ti 7,;� Zs ,„ ' r Founding Sponsor1.s . r • c . . ti-, r 5 , ? „ ..-r`.. f.tt, --.., .6.-.k,w *Seeking ability to sell naming rights and build site approval on September 17th City Council Meeting Joint Powers Agreement ( 3 3=.'t'jla,.' ,rim r^,4. ��t,'s�i�' ..,- ��},. 3 s”'—',,,T hC14-1,, '' `"v';M1�"2 2�P ,• , ,' =.5�°*.-4 k*a"r "S.c .� xr s,,. „ry .4 ...)„,...4,-„,„.,„ „. SE�S ✓,, ..r S•a' 4 hr '�, �j.�{�` �y��■ lQ•#: ,,,.. !tE r"'S ) ` E� . r,,,, Sealted. Qtr 1 nY�-a , 1 I, t ry' Al'',�R • .r it ` - 1 K .,�j I� -,,,�� SF.y2 ,,' ;ri ,,z h n s,9 �,.: k�,.t-P3, - i1.y5, ,±2 ,,;it.n ."z t- n 5., 47A",-74,,,"�,. 4,17, , n -� k t. _, E t it-2 c`c }.' fir g` 1.)I.L �1. , " c.'" 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S x.,-fit,,,,,a4 2 ..„E �,€' �`u'fi,,,„„ .y tai r�2� e^`,�' '1 �.r�,,••ti • i3 S etyma ''''a'''9p "1 d K fi` ,F . »•S `.n”'"E.-Y{, >swt , - y 3.,--",,,,7` �"yr,'The ”..4tf s ;-. 113 Our requested 9/17 motions 1. To approve the ability for a new rink to be added to the Schmitz-Maki f'rvr Arena contingent upon agreement of a Joint Powers Agreement (JPA) by all seated JPA parties. } ' 2. To approve the ability to sell both naming rights to the new sheet and naming rights to the arena Schmitz-Maki retains current sheet and our group also recognizes their instrumental contributions to our -lyY- community)contingent to City Council/Parks and Recreation approval. 3. To approve the ability to sell sponsorship opportunities in the new rink with sponsored player benches,scoreboard, penalty boxes, wa scorers table, locker room and seats contingent upon City Council approval. G::; 4. To approve the ability to sell sponsorship dasherboard panels for upfront capital investments over a period of 5 and 10 years, contingent upon City Council approval. 5. To approve the ability to sell pucks for donations for our$500K wall which will be mounted at the new sheet on the wall in the format of a "TIGERS"display. 5K 6, To approve a joint-working session alongside JPA parties to reach mutual agreement on a JPA. hanks. �.:Lk'N<`•:}ti iii Ice for Tigers Contact @icefortigers.com http://www.icefortigers.com 2 114 ,::r