HomeMy WebLinkAbout11.19.12 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
NOVEMBER 19, 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
a) Introduce Blair Peterson—Liquor Operations Manager Introduced
b) 360 Communities—Sal Mondelli Information Received
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 (10/15/12 Regular) (11/5/12 Workshop) (11/9/12
Special) Approved
b) Adopt Resolution—Approving Gambling Event Permit Southern Dakota
County Sportsman Club-Administration R43-12
c) Adopt Resolution—Accept Donation from Mike and Sara Rausch—Fire
Department R44-12
d) Adopt Resolution—Accept Donation from Robert and Bonnie Howard—Fire
Department R45-12
e) Adopt Resolution—Accept Tree Donation from Kristen Goedert—Parks and
Recreation R46-12
f) Adopt Resolution—Approve Submittal of Application for Landfill
Abatement Funds from Dakota County—Municipal Services R47-12
g) Replace Existing Credit Card Program—Finance Approved
h) Updated Schedule of 2012 Interfund Transfers—Finance Approved
i) Approve Early Redemption of Remaining Series 2004D Bonds - Finance Approved
j) Approve Early Redemption of Remaining Series 2005A Bonds—Finance Approved
k) Approve Telephone Service Contract—Human Resources Approved
1) School and Conference—Building Inspections Approved
m) Approve Request from Yellow Ribbon Committee to Waive Rambling River
Center Rental Fee—Parks and Recreation Approved
n) Approve Settlement Agreement—City Attorney Approved
o) Approve Bills Approved
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
9. AWARD OF CONTRACT
10. PETITIONS,REQUESTS AND COMMUNICATIONS
a) Approve the Name Jim Bell Park and Preserve for the Park and Open Space
Areas in Autumn Glen, Fairhill and Meadow Creek Third Addition
Developments—Parks and Recreation Approved
b) Adopt Resolution—Approving the 2030 Comprehensive Plan 2011
Amendment and Adopt Ordinance Amending Section 10-5-1 of the City R48-12
Code Adopting a New Official Zoning Map—Planning Ord 012-653
c) Adopt Resolution—Approving the Master Plan and Authorizing the Signing
of the Master PUD Agreement for Farmington Health Services and Adopt an
Ordinance Rezoning the Property Located at 3410 213th Street W to R-5 R49-12
PUD - Planning Ord 012-654
d) Adopt Ordinance—Modifying Billing Requirements for Utility Billing—
Finance Tabled
e) September and October 2012 Financial Report-Finance Information Received
f) Adopt Resolution—Approve Debt Post-Issuance Compliance Policy-Finance R50-12
g) Adopt Resolution—Authorizing 2013A Bond Sale to Refund 2005B and
2006A Bonds—Finance R51-12
h) Set Public Hearing—Refinancing of a Project by St. Francis Health Services
of Morris, Inc. - Finance R52-12, 12/17/12
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. EXECUTIVE SESSION
a) AFSCME Union Negotiations
15. 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 4
Approve Council Minutes (10/15/12 Regular)(11/5/12
Workshop)(11/9/12 Special)
Regular Minutes 7
Workshop Minutes 16
Special Minutes 18
Adopt Resolution -Approving Gambling Event Permit Southern
Dakota County Sportsman Club
Memo 19
Resolution 20
Adopt Resolution -Accept Donation from Mike and Sara
Rausch
Memo 21
Resolution 22
Letter 23
Letter 25
Adopt Resolution -Accept Donation from Robert and Bonnie
Howard
Memo 26
Resolution 27
Adopt Resolution Accept Tree Donation from Kristen Goedert
memo 28
resolution 29
Adopt Resolution -Approve Submittal of Application for Landfill
Abatement Funds from Dakota County
Memo 30
Resolution 31
Replace the City's Existing Credit Card Program for Staff Issued
Business Credit Cards
CM New Credit Card Program 20121119 32
Updated Schedule of 2012 Interfund Transfers
CM Interfund Transfers 20121119 34
2012 Operatings Transfers-All -To Council 20121119 36
Early Redemption of the Remaining Series 2004D Bonds
CM 2004D Early Redemption 40
Approve Early Redemption of the Remaining Series 2005A
Bonds
CM 2005A Early Redemption 41
Approve Telephone Service Contract with Enventis
Enventis Phone Contract-2012 42
School and Licensing
School and conference 43
Approve Request to Waive Rambling River Center Rental Fees
memo 44
1
Approve Settlement Agreement
Memo 45
Approve Bills
Bills 52
Approve the Name Jim Bell Park and Preserve for the Park and
Open Space Areas in Autumn Glen, Fairhill and Meadow Creek
Third Addition Developments
memo 72
Exhibit A 74
Exhibit B 75
Exhibit C 76
Adopt Resolution Approving the 2030 Comprehensive Plan -
2011 Amendment and Adopt an Ordinance Amending Section
10-5-1 of the City Code adopting a new Official Zoning Map
CP 2011 Amendment and Zoning Map Amendment
Memo2012CC 77
CP Amendment 2011 approval Itr 81
ExA existing zoning map 82
ExB comp plan map 83
Area 1 84
Area2 85
Area3 86
CP 2011 Amendment Approval Resolution 87
Zoning Map Amendment Ord2012 88
Adopt Resolution Approving the Master Plan and Authorizing
the Signing of the Master PUD Agreement for Farmington
Health Services and Adopt an Ordinance Rezoning the Property
locacted at 3410 213th Street W to R-5 PUD
Trinity PUD and Rezone CCmemo 89
Trinity PUD Agreementvl 92
Trinity Master PUD and Agreement Resolution 98
Trinity Rezone R-5PUD Ord 99
Trinity Care Master Plan 100
Adopt Ordinance Amendment Modifying Billing Requirements
for Utility Bills
CM Utility Bill Ordinance Amend 20121119 101
Amendment- Ordinance Utility Billins System 20121117 103
Utility Ordinance Amendment Summary for Publication 106
September and October 2012 Financial Report
CM October Fin'l Review 20121119 107
October Financial Report- Council 111
Adopt Resolution -Approve Debt Post-Issuance Compliance
Policy
CM Debt Post-Issuance Compliance Policy 116
City Post-Issuance Debt Compliance Policy 117
Resolution - Post-Issuance Debt Compliance Policy 119
2
Authorizing 2013A Bond Sale to Refund 2005B and 2006A
Bonds
CM 20121119 2013A Refunding of 2005B and 2006A 121
CM 20121119 Resolution Calling for 2013A Bond Sale 124
Set Public Hearing - Refinancing of a Project by St. Francis
Health Services of Morris, Inc.
Memo 125
Resolution 127
AFSCME Union Negotiations
Memo 131
3
7a.
COUNCIL MINUTES
REGULAR
October 15, 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, Fogarty, May
Members Absent: None
Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator;
Robin Hanson, Finance Director;Kevin Schorzman, City
Engineer;Todd Reiten, Municipal Services Director;Brenda
Wendlandt, Human Resources Director;Tony Wippler,Assistant
City Planner;Cynthia Muller, Executive Assistant
Audience:
4. APPROVE AGENDA
Councilmember Bartholomay pulled item 7c)Approve City Insurance Contribution for
Non-Bargaining Employees. Councilmember May pulled item 70 Amend City
Administrator Code. City Administrator McKnight noted there is a supplemental item
7q)Appointment Recommendation Liquor Operations.
MOTION by Fogarty, second by May to approve the Agenda. APIF,MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Fogarty, second by Donnelly to approve the Consent Agenda as follows:
a) Approved Council Minutes(10/1/12 Regular)(10/8/12 Workshop)
b) Received Information Third Quarter 2012 New Construction Report and
Population Estimate—Building Inspections
d) Set November 9, 2012 for a Special Council Meeting-Administration
e) Adopted ORDINANCE 012-648 Modifying Wine and 3.2 Beer License
Requirements-Administration
g) Approved Temporary On-Sale Liquor License Knights of Columbus-
Administration
h) Authorized Commercial Listing Agreement for 431 Third Street Property-
Administration
i) Accepted Resignation Parks and Recreation Commission-Administration
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Council Minutes(Regular)
October 15,2012
Page 2
j) Adopted ORDINANCE 012-650 Increasing Maximum Lot Coverage
Requirement in R-2 Zoning District-Planning
k) Adopted ORDINANCE 012-651 Permitting Twin Home Dwellings in the R-3
Zoning District -Planning
1) Approved Apprize Technology Agreement—Human Resources
m) Approved School and Conference-Finance
n) Approved School and Conference-Finance
o) Approved School and Conference-Fire
p) Approved Bills
q) Approved Appointment Recommendation Liquor Operations—Human Resources
APIF,MOTION CARRIED.
c) Adopt Resolution—Approve City Insurance Contribution for Non-
Bargaining Employees-Administration
When this item was discussed, Councilmember Bartholomay understood Council
wanted the final amounts to be zero,where employees would not receive a check,
but he did not think Council wanted employees to have to pay in under the single
plan. Councilmember May didn't think they said no one would pay in, but the
fact that those who waive coverage are getting cash, and the City Administrator
did follow up with an update. It was not Council's desire for anyone who waived
coverage to get a check. City Administrator McKnight stated the base plan was to
be the single$2500 HSA, where in 2013 the City's contribution would equal the
contribution for the health premium, dental, life insurance and half the deductible.
The other plans would pay more depending on which plan was chosen. These are
for the non-represented employees. This will affect 19 non-union employees.
Councilmember May still preferred a percent of the cost of the plan, where the
City offers health insurance programs and the employee has different options to
choose from and the City would pay a certain percent of the cost. This
recommendation is a good step in the right direction. She does disagree that if
you waive coverage you get a check, but we are taking a step in the right
direction.
Councilmember Fogarty asked about the dollar amount of the difference. City
Administrator McKnight stated the base plan is the$2500 deductible HSA plan.
Those employees went from receiving$146.90 as left over money in 2012 to zero
dollars left over in 2013. The co-pay plan went from having benefits paid for in
2012 to paying $91.33/month. The$1500 single HRA plan went from receiving
$96/month to paying$58.83 out of pocket. The $2500 single BRA plan went
from receiving$108/month to paying$41.50 out of pocket. Family plans already
pay out of pocket and will pay more in 2013. We were able to adjust the single
contributions to one number and the family contributions to one number.
Councilmember Fogarty noted for the HRA plans the City is contributing money
to that. City Administrator McKnight stated the City is required to contribute.
For 2013 on the HSA plan the City will be contributing half of that amount as
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Council Minutes(Regular)
October 15,2012
Page 3
well. Councilmember Donnelly noted City Administrator McKnight did what
Council asked him to do. Employees do not receive checks unless they waive
coverage. MOTION by Fogarty, second by May to adopt RESOLUTION R39-
12 setting the 2013 non-union City benefits contribution. Voting for: Donnelly,
Fogarty, May. Voting against: Bartholomay. Abstain: Larson. MOTION
CARRIED.
t) Adopt Ordinance—Amend City Administrator Code-Administration
Councilmember May stated when someone is hired we receive a memo under the
Consent Agenda. When adding promotions,job titles, etc. and Council is asked
to approve them, she is not questioning the approval, but does not want to see it
on the Consent Agenda. She did not want to micro-manage but wanted more
information than a memo on the Consent Agenda. She would like some
background prior to it being on the agenda, or have some discussion during a
prior workshop. If it is buried on the Consent Agenda, it would not change
anything. City Administrator McKnight stated so you know why we are making
the change. MOTION by Fogarty, second by Donnelly to adopt ORDINANCE
012-649 approving the proposed changes to the City Administrator powers, duties
and limitations section of the City code. APIF,MOTION CARRIED.
8. PUBLIC HEARINGS
a) Adopt Resolution—Parkview Ponds Easements Vacation-Planning
The City is recommending vacating drainage and utility easements on seven lots
in Parkview Ponds. Properties affected include:
19690 Dover Drive(Lot 23, Box 2,Parkview Ponds)
19730 Dover Drive(Lot 24, Block 2,Parkview Ponds)
19760 Dover Drive(Lot 25, Block 2, Parkview Ponds)
19800 Dover Drive(Lot 1, Block 3, Parkview Ponds)
19806 Dover Drive(Lot 2, Block 3, Parkview Ponds
19824 Dover Drive(Lot 5, Block 3, Parkview Ponds)
19830 Dover Drive(Lot 6, Block 6, Parkview Ponds)
The easements will be reduced to various widths. With the construction of
Diamond Path,the swale will be constructed within the right-of-way of Diamond
Path so the easements are no longer needed. MOTION by May, second by
Fogarty to close the public hearing. APIF,MOTION CARRIED. MOTION by
Fogarty, second by Donnelly to adopt RESOLUTION R40-12 vacating the
portions of drainage and utility easements on the rear of the lots described above
of the Parkview Ponds plat. APIF,MOTION CARRIED.
b) Adopt Resolution—Delinquent Municipal Services Assessments-Finance
Notice was sent a month ago to delinquent accounts. The current outstanding
balance is $426,930. Finance Director Hanson thanked the Finance staff and
those at the front desk for the tremendous amount of work on this.
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Council Minutes(Regular)
October 15,2012
Page 4
Councilmember May asked who made the decision to certify anything that is past
due and do we have that authority without notice? Finance Director Hanson
stated anything that is 30 days or more delinquent is eligible to be certified.
Historically,that has not been the practice. For example, an account could have
been delinquent in April,was not certified until fall, and did not show up on the
taxes until the next year. So it was a long time before the utility receipts were
collected by the City. Those that were delinquent in the summer and fall, did not
get certified until the next year. In talking with other cities,we learned we were
not certifying as often as we could to collect those balances. So this year we took
those accounts that were 30 days or more delinquent as of the cut off period and
included them in the certification. Councilmember May recalled last year there
were a number of people that were landlords, which there are more of now. It is
not always the practice to keep the bills in the homeowner's name, so there is no
notice to them. We have talked in the past that we do not send out late notices to
the landlords even though they are the ones ultimately responsible for the bill.
Finance Director Hanson stated staff is aware of that situation and the tenant
receives the bill, and the landlord receives a courtesy copy, if the City is aware of
a landlord—tenant situation. Councilmember May had a concern with the 30
days. Those landlords do not have a lot of time to collect the fee from the tenant.
She felt it should be at least 60 days. Councilmember May asked about the
number of those 30 days overdue versus 60 days. Staff did not break them out.
Finance Director Hanson stated if they were 30 days delinquent as of August 31,
they are 75 days delinquent as of today. We certify once a year and the cut off is
always August 31. There is also a$25 certification fee added if not paid by today.
Everyone was notified the end of August and they had until October 15,2012,to
pay. MOTION by Fogarty, second by Donnelly to close the public hearing.
APIF,MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to
adopt RESOLUTION R41-12 certifying the delinquent accounts as a special
assessment to the 2013 taxes of the appropriate properties. APIF,MOTION
CARRIED.
c) Adopt Ordinance—Approving 2013 Fee Schedule-Administration
There are a number of fee changes where were discussed at the October 8,2012,
Council workshop. The storm water fee was proposed to increase by$3, but has
been changed to $1.50 increase. The solid waste fees were also discussed at the
workshop. There were also a couple additional fee changes from the workshop,
including a commercial plumbing fee increase from$47 to $63.25, and the SAC
fee is going from$2,365 to $2,435/unit. A lot of the fee changes for park and
recreation went from a fee plus tax to including tax in the fee.
Councilmember Fogarty asked about the antenna fees and thought the Water
Board had to approve them. City Engineer Schorzman stated the Water Board
approves the fees, but then they are forwarded to Council for incorporation into
this ordinance. The fee goes back to the Water Board.
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Council Minutes(Regular)
October 15,2012
Page 5
Councilmember May discussed the storm water utility fee and the dredging of
ponds. Before any fee is increased, she wanted to learn more about what study
states how often you have to dredge and wanted more information on that subject.
We based a lot of decision on a fee from a short meeting without a lot of
discussion on the mandate,the age of the ponds, etc. Before we increase any fee,
she would like more information on that subject. In addition, there is a lot of
borrowing among funds. At the workshop she mentioned she would like to see
the status of these funds and the loans associated with the funds. She understood
there is short term borrowing, but that is not what she is concerned about. There
is a fire truck loan,we owe$200,000 from the EDA to the storm water fund, and
before we talk about raising fees for these funds, we need to talk more about the
history of these funds and where they are at. City Engineer Schorzman stated
there is not a study saying when ponds should be cleaned. We need to survey the
ponds to determine the sediment and determine if the ponds need to be cleaned.
Mayor Larson stated it has to do with water storage in the ponds and to keep
water from going into backyards or into the river. Ponds get filled up with
sediment over the years and we need to get that capacity back.
Councilmember May noted there are a lot of fees. We talk about a tax levy for
the general fund and then we talk about all these fees. The money the City has to
raise is for City staff and services. So you have the general fund and then you
have the fees. She asked if there could be a simpler way, such as having a general
fund that would allow for services and not have so many fees. She understood
development fees, but to have a fee for siding or a water softener, perhaps we
could do something new and different. Every year we talk about how to increase
the general levy and then how to increase fees to pay for staff. Councilmember
Fogarty stated some of these could be part of the general fund, but is that the right
thing to do. If someone does ten things a year to their home and a neighbor does
nothing, should everyone have to pay for those inspections? She liked the
philosophy of pay as you go and you pay for the services you use.
Councilmember May stated as the years go,the answer cannot always be increase
taxes.
Councilmember Bartholomay stated these fees are common with every City. We
need to make sure we are getting paid for what we are doing. Councilmember
Fogarty noted some people use government more than others. Councilmember
Donnelly noted they are user fees. Not all the fees went up and there is rationale
for why they were increased. Mayor Larson felt we need to find out what we
have in the funds and perhaps we would not need as much of an increase.
Councilmember May did not know how we can approve an increase to a fund
when we don't know what the balance is in the fund. If there are sufficient funds,
we don't need to increase it. We are basing the decision off someone telling us
we should test the ponds next year. Councilmember Fogarty stated there are costs
that are going up next year. She agreed we need to know the fund balances, but
that doesn't change what is coming in and going out each year. MOTION by
Fogarty, second by Donnelly to close the public hearing. APIF,MOTION
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Council Minutes(Regular)
October 15,2012
Page 6
CARRIED. MOTION by Fogarty, second by Donnelly to adopt ORDINANCE
012-652 approving the 2013 City fee schedule. Voting for: Larson, Fogarty,
Donnelly. Voting against: Bartholomay, May. MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS,REQUESTS AND COMMUNICATIONS
a) New 2012 Polling Locations-Administration
Executive Assistant Muller informed Council and residents on the location change
of four of the six polling locations.
b) Preliminary Discussion Bond Refunding-Finance
Finance Director Hanson stated the City has the opportunity to refund three
different series of bonds. The details will be brought to the November 19, 2012,
Council meeting. Staff wanted to inform Council of the options and get some
direction. The three series involved are 2005A, 2005B, and 2006A series bonds.
The 2005A is the smallest amount with$780,000 outstanding. Rather than
incurring the cost of issuance of sale, as there are only two years remaining on the
bonds, staff is recommending using funds available in the street construction fund
that would otherwise be invested in C.D.'s to pay off the bonds and save the cost
of issuance and lower the interest on the bonds.
Councilmember May felt we should not make any decision on internal borrowing
until we see where the funds are at. She also asked what this would do to our
cash flow. It sounds nice to pay yourself the interest,but it can also be a
dangerous path. When we should be looking at reducing spending, we are fmding
easier ways to fmance debt we already have. She felt Council should not make a
decision until we understand where we are with the funds. City Engineer
Schorzman stated the 2005A bonds are for the Pilot Knob Road project. We went
through the road and bridge fund spreadsheet which has plans for how all the
bonds get paid off and has a final balance at the end. Staff is proposing to keep it
within that box. We are not taking money from a fund,the proposal is to keep it
within the box and save money within that box. Finance Director Hanson stated
there are sufficient funds to absorb this. By doing this we would save$11,000 in
the cost of issuance and the interest rate on the existing bonds which is 4%and
they could be perhaps .5%. Mayor Larson asked for the dollar amount saved on
the interest.
The second bond is the 2005B bonds, which are not redeemable until 2014. We
could choose to wait and do nothing or choose to refund the bonds at this time. It
is in the City's best interest to include the bonds in the refunding sale. There is a
cost to this. The money we would be investing for the next 12-13 months before
the bonds are redeemable would cost us$18,000 as the investment earnings
would be less than what we are paying. If we wait another year and refund only
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Council Minutes(Regular)
October 15,2012
Page 7
these bonds,the cost of issuance would be$60,000 - $80,000. So we would be
ahead by including them now and plan to refund the bonds in 2014.
Councilmember May asked if the saving is less if we do all three. Finance
Director Hanson stated the savings in the memo is if all three bonds were
refunded at this time. Councilmember May suggested taking action on only the
2005B bonds. Staff noted if we funded them now,we would not be able to pay
off the existing bonds until 2014. It makes the most sense to do the 2005A and
the 2006A, as they are both redeemable now. Councilmember Donnelly stated we
cannot pay them off until February 2014, but the environment is good now,we
are going to issue a new bond, we will put that money in the bank, and then pay
them off in February 2014. We would issue one new bond and get rid of these
three series of bonds.
If Council does nothing with the previous two bonds,the third option would be to
refund all the bonds now and structure the first principal date at a different time.
The first principal date now would be February 1, 2013. They were originally
intended to be structured to levy the taxes in 2012, collect the taxes in 2013, and
make the corresponding principal and interest payments in 2014, so you would
have the money in hand. What is happening now, is February 1, 2012, we made a
principal and interest payment,we did not collect the corresponding tax dollars
until the first installment in June/July. We made the second payment which was
interest only on August 1,2012, and this December we will collect the second
half with the end being picked up in January 2013. The City is advancing the
payment of those bond payments and collecting the money in arrears. We could
continue as is, and the gross savings would be $690,000. If we delay the principal
one year so we are collecting taxes the year prior to paying debt service,that is
reduced to $605,000. If you take the middle of the road and fund six months the
savings is$645,000. That does not include staff time to manage it or the lost
investment earnings. Finance Director Hanson recommended refunding the
bonds.
Councilmember Fogarty stated option one is the best for the cash flow,but will it
be strong enough to keep us from going negative? It will do that for these three
bonds, but not across the board.
Councilmember May could not believe City finances have not been structured to
collect money to make payments on the bonds. Finance Director Hanson stated it
is a lag. Councilmember Fogarty stated it is just during certain parts of the year
that it is negative, at the end of the year it is fine. Councilmember May would
like to see the history of the bonds and where the money has gone.
Councilmember Donnelly stated all the options save the taxpayer money and we
don't know why the timing is the way it is, but we have the option to correct it.
He agreed with option one. City Engineer Schorzman stated with option one, if
you pay them off now,there is$47,200 in interest associated with the next three
years payments. So you are saving $11,000 on the reissuance plus the$47,000
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Council Minutes(Regular)
October 15,2012
Page 8
minus the .5%payback. Councilmember Bartholomay felt it would not hurt to
obtain more information and suggested discussing this in a workshop prior to
November 19, 2012. Finance Director Hanson stated the 2005A is the only one
that would use internal funds from the road and bridge fund. The others would be
new bonds.
Councilmember Fogarty did not see a reason to wait on the other two. She was
open to discussing whether we should do internal borrowing. It seems reducing
taxpayer debt is something we should do. City Engineer Schorzman suggested
rather than thinking of this as internal borrowing, think of it as an advance
payment. There is money there to do it and we would save$58,000.
Councilmember May had a concern as Council was talking about cash flow and
we still have to collect it. Council discussed whether to have a workshop or ask
questions individually. It was determined to have a workshop on November 5,
2012. MOTION by Fogarty, second by Bartholomay to table this for more
information and bring back at the City Administrator's discretion. APIF,
MOTION CARRIED.
c) 2013—2017 Dakota County CIP-Engineering
Staff is requesting the 195t Street project from Flagstaff Avenue to Diamond
Path be included in the county's 2013 —2017 CIP. This includes widening the
road, intersection improvements and turn lanes on 195th Street. This project
would be scheduled for 2013/2014. MOTION by Fogarty, second by
Bartholomay to adopt RESOLUTION R42-12 indicating the City's continuing
support for this project being included in the 2013-2017 Dakota County CIP.
APIF,MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Fogarty: High School sports is having a great year. Congratulations
to the Farmington football team. Girls U14 soccer took the state championship. Varsity
girls are moving on to the sectional fmals. For the first time in Farmington,three
cheerleaders made the all state cheer team.
Councilmember Bartholomay: The first Joint Powers meeting for Ice for Tigers
was held this evening. Upcoming meetings are November 5 and 19, 2012.
Councilmember May: A resident asked about township representation on the joint
powers team. This was discussed at the meeting. She asked City Administrator
McKnight about the reimbursement of insurance premium to the employee expense fund.
Staff is working on this. Regarding the fee schedule, we need to talk about the totals the
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Council Minutes(Regular)
October 15,2012
Page 9
fee increases bring to the bottom line and what that does to the funds and the general
fund. Also,what does the fee increase do to that department?
City Administrator McKnight: There will not be a formal Council meeting on
November 5, 2012,but we will have the workshop.
Mayor Larson: Encouraged residents to shop local and invest in the community.
Profits from the Farmington liquor stores stay in the community.
14. ADJOURN
MOTION by Fogarty, second by Bartholomay to adjourn at 8:57 p.m. APIF,MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
15
Council Workshop Minutes
November 5,2012
Mayor Larson called the workshop to order at 6:05 p.m.
Present: Larson,Bartholomay, Fogarty, Donnelly, May
Also Present: David McKnight, City Administrator;Robin Hanson, Finance Director;Kevin
Schorzman, City Engineer;
Audience: Doug Bonar, Michelle Leonard, Laura Adelmann
MOTION by Fogarty, second by May to approve the agenda. APIF,MOTION CARRIED.
Bond Refinancine/Debt
Finance Director Hanson discussed the options to refmance three of the City's existing bonded
debt obligations. Option A would be to refmance the debt at a lower interest rate,but leave the
terms and maturities the same. Option B would be to refmance two of the debt issues and use
existing Road and Bridge funds to accelerate the payment of the 2005A bonds. Option C would
be to do Option B, but also adjust the payment and maturity date so that there would be positive
cash flow to the refinanced bonds. After discussion,the consensus of the Council was to move
forward with Option C. Actionable items from Option C will be brought to Council at future
meetings for formal action.
Finance Director Hanson also provided Council with a spreadsheet showing fund balances for
governmental and enterprise funds. Director Hanson explained the information contained in the
spreadsheet and indicated that this was just an opportunity to get Council familiar with the items
included and the terminology. Councilmembers asked a few questions about the information,
and indicated that they were happy with the information and would like to discuss it more in the
future.
2013 Budget Review
City Administrator McKnight presented Council with an updated 2013 budget. The preliminary
levy was an increase of approximately 2.84%. The current budget has been reduced, and
currently reflects a 1.79% increase over 2012. Administrator McKnight shared that there have
been several reductions, but the biggest reduction was moving an anticipated fire chief vehicle
purchase from 2013 to 2014. Councilmembers discussed the budget, and in particular the effect
current Police Department staffing has on the budget. After discussion,the majority of the
Council indicated their concurrence with the proposed budget.
City Administrator Update
City Administrator McKnight asked for direction from the Council related to leasing the
expansion space at City Hall. The consensus of the Council was that they were comfortable
leasing the space to another governmental agency, and that they would also be comfortable
16
Council Workshop Minutes
October 8,2012
Page 2
leasing the space to a private company provided there was no privately-owned commercial space
available that fit the company's needs, and provided their operations would be compatible with
City Hall operations.
There was a MOTION and a second to adjourn at 7:30 p.m. APIF,MOTION CARRIED.
Respectfully submitted,
Kevin Schorzman
City Engineer
17
COUNCIL MINUTES
SPECIAL
November 9, 2012
1. CALL TO ORDER
The meeting was called to order by Mayor Larson at 8:30 a.m.
2. PLEDGE OFALLEGIANCE
Mayor Larson led the audience and Council in the Pledge of Allegiance.
3. ROLL CALL
Members Present: Larson, Bartholomay, Donnelly
Members Absent: Fogarty, May
Also Present: David McKnight, City Administrator; Robin Hanson, Finance
Director; Cynthia Muller, Executive Assistant
4. APPROVE AGENDA
MOTION by Bartholomay, second by Donnelly to approve the Agenda. APIF,
MOTION CARRIED.
5. CONSENT AGENDA
a) Adopt Resolution—Canvass of the November 2012 General Election Results
-Administration
MOTION by Bartholomay, second by Donnelly adopting RESOLUTION R43-
12 canvassing the results of the November 2012 General Election and declare that
Todd Larson has been elected Mayor and Terry Donnelly and Doug Bonar have
been elected as City Councilmembers effective January 1, 2013. APIF,
MOTION CARRIED.
b) Approve Bills
MOTION by Donnelly, second by Bartholomay to approve the list of bills.
APIF,MOTION CARRIED.
6. ADJOURN
MOTION by Bartholomay, second by Donnelly to adjourn at 8:33 a.m. APIF,
MOTION CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
2Z
j A� City of Farmington
430 Third Street
' Farmington,Minnesota
651.280.6800•Fax 651.280.6899
www.CI.I'armIngwn.untu i
TO: Mayor, Councilmembers and City Administrator
FROM: Cynthia Muller
Executive Assistant
SUBJECT: Gambling Event Permit—Southern Dakota County Sportsman Club
DATE: November 19, 2012
INTRODUCTION
The Southern Dakota County Sportsman Club is requesting a Gambling Event Permit for a raffle
for their fundraiser.
DISCUSSION
Per State Statute 349.166 and pertinent City Code,a Gambling Event Permit must be issued by
the City for this type of event. An application has been received, along with the appropriate fees.
The City Attorney has reviewed the application and the attached resolution approving the
request.
BUDGET IMPACT
Gambling fees are included in the revenue portion of the 2012 budget.
ACTION REOUESTED
Consider the attached resolution granting a Gambling Event Permit to Southern Dakota County
Sportsman Club,to be held at Tailgaters Bar and Grill, 10 North 8th Street,on January 19, 2013.
Respectfully submitted,
Cynthia Muller
Executive Assistant
19
RESOLUTION NO. R43-12
APPROVING A MINNESOTA LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
SOUTHERN DAKKOTA COUNTY SPORTSMAN CLUB
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 19th day of
November 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,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,Southern Dakota County Sportsman Club has submitted an application for a Gambling
Event Permit to be conducted at Tailgaters Bar and Grill, 10 North 8th Street on January 19,2013,for
Council consideration.
NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling
Event Permit for Southern Dakota County Sportsman Club,to be held at Tailgaters Bar and Grill, 10
North 8th Street,is hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November 2012.
Mayor
Attested to the G26-447 day of November 2012.
'ty Adminis .t•
SEAL
7c.
/.....-�c�AR!��r, City of Farmington
( 430 Third Street
' - Farmington,Minnesota
`\ �' 651,2RQ_fi4A0•Fax 65L2S!?.fi899
A° wtiv�+ei.ianningum mn.0
TO: Mayor, Council and City Administrator
FROM: Tim Pietsch, Fire Chief
SUBJECT: Adopt Resolution-Accepting Donation Mike and Sara Rausch
DATE: November 19, 2012
INTRODUCTION:
As part of our Open House event,we decided to do a little food shelf project for the kids. If they
bring an item for donation to the Open House,they get their name thrown in for a drawing for a
ride home from school on a fire truck.The family of the child chosen has made a donation to the
fire department.The money will be used for equipment and supplies. I have attached the note
from the family. The child also submitted a letter thanking those that made this all possible.
DISCUSSION:
Mike and Sara Rausch have donated$100 toward the fire department to use as deemed
appropriate.
ACTION REQUESTED:
Adopt the attached resolution, accepting the donation from the Rausch family to be designated
for equipment and supplies purchases.
Respectfully submitted,
Tim Pietsch
Fire Chief
21
RESOLUTION No. R44-12
ACCEPTING DONATION FROM MIKE AND SARA RAUSCH
FOR THE FIRE DEPARTMENT
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 19th day
of November, 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,Mike and Sara Rausch have donated $100 towards the Fire Department to
be used as deemed appropriate; and
WHEREAS, it is in the best interest of the City to accept such donations.
NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts
the generous donation of$100 from Mike and Sara Rausch to be used for the purchase of
equipment and supplies.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 19th day of November 2012.
Mayor
Attested to the a6-h day of November, 2012.
1 Admimstra or
SEAL
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7d
--cAI Ad s City of Farmington
430 Third Street
it Farmington,Minncsota
`' a 651,2R0.6R00•Fax 651.280.6899
www.ci.larmvgt+mmn.u.4
TO: Mayor, Council and City Administrator
FROM: Tim Pietsch, Fire Chief
SUBJECT: Adopt Resolution-Accept Donation from Robert and Bonnie Howard
DATE: November 19, 2012
INTRODUCTION:
Robert and Bonnie Howard have agreed to donate their old car to the fire department for training
purposes.They have a son-in-law on the department.
DISCUSSION:
The vehicle being donated is a 1992 Dodge Shadow. We will park it behind Station 1 and
conduct winter time training with this vehicle and extrication drills.
ACTION REQUESTED:
Adopt the attached resolution accepting vehicle donation to fire department from Robert and
Bonnie Howard.
Respectfully submitted,
Tim Pietsch
Fire Chief
26
RESOLUTION No. R45-12
ACCEPTING DONATION FROM ROBERT AND BONNIE HOWARD
FOR THE FIRE DEPARTMENT
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 19t day
of November, 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,Robert and Bonnie Howard have donated a 1992 Dodge Shadow towards
the Fire Department to be used for training purposes; and
WHEREAS,it is in the best interest of the City to accept such donations.
NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts
the generous donation of a 1992 Dodge Shadow from Robert and Bonnie Howard to be
used for training purposes.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 19th day of November 2012. Mayor
Attested to the ' 4-11 4-11& day of November, 2012.
Administra or
SEAL
7e..
City of Farmington
430 Third Street
' Farmington,Minnesota
651.240.6400•Fax 651 280.6899
.A wwwci.t'armingt4 f.mll.u.
TO: Mayor, Councilmembers, and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Adopt Resolution Accepting Tree Donation from Kristen Goedert
DATE: November 19, 2012
INTRODUCTION
Two trees have been donated and planted in Meadowview Park.
DISCUSSION
Kristen Goedert, a Farmington resident,has graciously donated two planted trees in
Meadowview Park. One tree was a Northern Red Oak and the other was a Clump Service Berry.
Planting guidelines call for newly planted trees to be watered for up to two years. Ms. Goedert
has agreed to monitor and water the trees as needed for the first two years so that staff does not
have to in order to ensure that the trees survive through any prolonged dry periods.
BUDGET IMPACT
The value of the two trees was placed at$372.44. Park maintenance staff will put these two trees
on the park tree inventory list and will trim/prune the two trees as needed. Trimming these two
trees should take less than a half hour every 4-5 years.
ACTION REQUESTED
Adopt the attached resolution accepting a donation from Kristen Goedert for the planting of two
trees in Meadowview Park at a value of$372.44.
Respectfully Submitted,
Randy Distad
Parks and Recreation Director
28
RESOLUTION NO.R46-12
ACCEPT DONATION OF TWO TREES FROM KRISTEN GOEDERT
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 19th day of
November 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, Kristen Goedert has donated two trees that have been planted in Meadowview
Park; and,
WHEREAS, the two trees are valued at a total of$372.44; and,
WHEREAS, it is required by State Statute and is in the best interest of the City to accept such
donation.
NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with
gratitude the generous donation of two trees from Kristen Goedert that have been planted in
Meadowview Park and have a total value of$372.44.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November, 2012.
Mayor
Attested to the d 6-4-4 day of November, 2012.
ty Administr. or
SEAL
7-r
okE,0,,, City of Farmington
14(7.
A430 Third Street
;t, Farmington,Minnesota
651.280.6800.Fax 651.280,6899
-`'.A D www.ciArmingum.mn.us
TO: Mayor, Councilmembers, and City Administrator
FROM: Lena Larson, Municipal Services Coordinator
SUBJECT: Approving Submittal of an Application for Landfill Abatement Funds from
Dakota County
DATE: November 19, 2012
INTRODUCTION&DISCUSSION
Dakota County has provided landfill abatement funding assistance to communities in Dakota
County since 1989. Dakota County Board Resolution No. 88-651 states that the County's portion
of funding of recycling implementation and operating costs incurred by cities and townships will
be through performance based funding. Communities over 5,000 in population are eligible to
receive a$5,000 base per community plus$2.00 per household, based on 2011 Metropolitan
Council household estimates.These funds assist the City in producing and distributing literature,
promotional items, and programs and events that promote waste reduction and recycling
programs in Farmington.The application also indicates that Farmington would be interested in
hosting a Household Hazardous Waste Event Collection with Dakota County in 2013.
BUDGET IMPACT
The year 2013 reimbursement for Farmington is$19,300.
RECOMMENDATION
Approve the attached resolution approving submittal of a grant application to Dakota County.
Respectfully Submitted,
Lena Larson
Municipal Services Coordinator
30
RESOLUTION NO. R47-12
APPROVING AN APPLICATION FOR
WASTE ABATEMENT FUNDING ASSISTANCE
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 19th day of
November,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 resolution:
WHEREAS, according to Dakota County Board Resolution No. 88-651, Dakota County
presently provides funding assistance for landfill abatement activities based on performance
based funding; and,
WHEREAS, the City presently has an integrated resource recovery system of which curbside
collection of yard waste and recyclables are major components, and would be eligible for
funding under the County program.
NOW THEREFORE, BE IT RESOLVED that the application for Dakota County Waste
Abatement Funding Assistance, a copy of which is on file in the office of the City Clerk, is
hereby approved.
BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed
to execute and forward the 2013 Community Funding Application.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November,2012.
Mayor
Attested to the 076 411 day of November, 2012.
. /4/
Administrat a r
SEAL
r°` , City of Farmington
;�fi 430 Third Street
Farmington,Minnesota
651.280.6800•Fax 651 80.61899
w ww c1.larmmgL 7rLmn.LCi
TO: Mayor, Councilmembers and City Administrator
FROM: Robin Hanson
Finance Director
SUBJECT: Replace the City's Existing Credit Card Program for Staff Issued Business Credit
Cards
DATE: November 19, 2012
INTRODUCTION
Anchor Bank recently introduced a new credit card program which relies on the City's credit,
rather than the credit of the individual card holders(i.e. staff members).
DISCUSSION
When the cards were originally issued Anchor Bank did not offer a program which relied on the
City's credit. The underwriting for the cards was done based on the credit of the individuals
involved.Under the present program the individuals are liable for any non-payment or late
payment of the City's credit card bill.
Anchor Bank now offers a program which relies on the credit of the City,rather than the
individual cardholders. Staff is recommending replacing the existing Anchor Bank credit card
program with the new CommUNITY Credit Card program. In addition, now that the Finance
Director position has been filled, replacing the card issued to Brenda Wendlandt with a card
issued to Robin Hanson.
Name Current Credit Limit Proposed Credit Limit
Distad, Randy $ 2,000.00 $ 2,000.00
Reiten,Todd $ 2,000.00 $ 2,000.00
Omlid,Kellee $ 2,000.00 $ 2,000.00
Kohlbeck,Melissa $ 2,000.00 $ 2,000.00
Lindquist,Brian $ 4,000.00 $ 4,000.00
Pire, Jeremy $ 2,000.00 $ 2,000.00
Rutherford,Gary $ 3,000.00 $ 3,000.00
Boerboom,Robert $ 2,000.00 $ 2,000.00
Wendlandt, Brenda* $ 25,000.00 $ -
Hanson,Robin* $ - $ 25,000.00
*Authorized Officer
32
BUDGET IMPACT
This amendment will not affect the budget.
ACTION REQUESTED
Authorize staff to replace the City's existing credit card program with the new Anchor Bank
CommUNITY Credit Card Program for the individuals indicated above at the corresponding
credit limits listed.
Respectfully submitted,
Robin Hanson
Finance Director
33
74
,aoE , City of Farmington
430 Third Street
',- ._ Farmington,Minnesota
v 651.2R0.6R00•Fax 651280.6599
wwwci.tarmingtm mn.ur
TO: Mayor, Councilmembers and City Administrator
FROM: Robin Hanson
Finance Director
SUBJECT: Updated Schedule of 2012 Interfund Transfers
DATE: November 19, 2012
INTRODUCTION
Each year the City transfers money between Funds. The transfers are generally identified during
the budgeting process and approved by Council at that time.
In 2010 the Road and Bridge Fund Master spreadsheet was developed. This cash flow forecast
established a plan to transfer monies within the Road and Bridge Fund and to the related debt
service funds to ensure the corresponding principal and interest payments for the related bonds
were paid in a timely manner. Staff has reconciled the December 31, 2010 beginning balances,
2011 financial activity and 2011 ending fund balances on the Road and Bridge Fund Master
spreadsheet to the audit report and general ledger. Now it is time to make the corresponding
planned transfers for 2012.
DISCUSSION
Staff has prepared a comprehensive schedule that details both the transfers previously approved
by Council and the additional transfers as prescribed in the Road and Bridge Fund master
spreadsheet.
• The transfers highlighted in yellow on the attached worksheet were previously approved
by the Council as part of the adoption of the 2012 Budget.
• The amounts highlighted in pink were previously approved by Council, but are no longer
needed.
• The remaining highlighted amounts relate to the Road and Bridge Fund Master
spreadsheet.
Explanations for each transfer have been included in the explanations on the lower left-hand
portion of the worksheet.
34
BUDGET IMPACT
The updated amounts mean the Sanitary Sewer Fund will not transfer$15,000 (highlighted in
pink) and the Storm Water Trunk Fund will not transfer$25,000 (also highlighted in pink)to the
Walnut Street Reconstruction project account. The work for this project was completed in 2011.
As a result the$40,000 transfer($15,000+$25,000) is not needed.
The remaining transfers do not directly impact the budget. Rather,those transfers are needed to
maintain the integrity of the Road and Bridge Fund Master cash flow spreadsheet.
ACTION REQUESTED
Approve the updated list of Interfund Transfers.
Respectfully submitted,
Robin Hanson
Finance Director
35
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FAR j
City of Farmington
430 Third Street
! l armington,Minnesota 651.280.6800•Fax 651 280.6899
woo ci.tann n m.mn.U4
TO: Mayor, Councilmembers, and City Administrator
FROM: Robin Hanson, Finance Director
SUBJECT: Early Redemption of the Remaining Series 2004D Bonds
DATE: November 19, 2012
INTRODUCTION
As of December 1, 2012, $230,000 of the City's Series 2004D Bonds will remain outstanding.
The bonds bear interest at 3.20% and are optionally redeemable, at par, plus accrued interest on
December 1, 2012 and on any date thereafter with at least thirty days published notice.
DISCUSSION
The Sewer Fund is the primary source of repayment for the bonds and has sufficient funds to
redeem these bonds early without detriment to any function or project for which the fund was
established.
The highest investment interest rate available for a similar maturity would most likely be an
FDIC insured certificate of deposit with an interest rate of.3%.The City achieves a 2.9% (3.2%
- .3%)higher rate of return by investing in the early redemption of the Series 2004D.
Staff recommends calling for the early redemption of the remaining$230,000 of the Series
2004D Bonds on December 20, 2012 or as soon thereafter as due notice can be properly given.
BUDGET IMPACT:
The net benefit to the Sewer Funds in 2013 is estimated to be$6,000 which is a combined result
of the$6,800 in reduced interest payments, offset by the potential$800 in investment earnings
the Sewer Fund may have otherwise realized.
ACTION REQUESTED:
Approve the early redemption of the Series 2004D bonds on December 20, 2012 or as soon
thereafter as due notice can be properly given.
Respectfully submitted,
Robin Hanson
Finance Director
40
2 ,
f
:NIA 4004 City of Farmington
430 Third Street
,y:- Farmington,Minnesota
`"rte° 651,280.6400•Fax 651 280,6894
8T p
wup..CLIarmiTIg ima n.L1 i
TO: Mayor, Council Members, and City Administrator
FROM: Robin Hanson, Finance Director
SUBJECT: Early Redemption of the Remaining Series 2005A Bonds
DATE: November 19, 2012
INTRODUCTION
The 2005A bonds have$780,000 in outstanding principal and are scheduled to be fully retired on
February 1, 2015. The bonds bear interest at 4% and are presently optionally redeemable, at par,
plus accrued interest. Property taxes, special assessments and funds within the Road and Bridge
Fund are used to repay these bonds.
DISCUSSION
Retiring these bonds early is estimated to save the City approximately$31,600 in interest savings
which is a combined result of the$34,200 in reduced interest payments, offset by the potential
$2,600 in investment earnings the City may have otherwise realized.
Rather than spending$11,000 to issue refunding bonds for this series of bonds,which would
only be outstanding for approximately two years, staff recommends the City accelerate the use of
the Road and Bridge Funds for the early redemption of the bonds.
Staff recommends calling for the early redemption of the remaining$780,000 of the Series
2005A Bonds on December 20, 2012 or as soon thereafter as due notice can be properly given.
BUDGET IMPACT:
The benefit to the City is estimated to be$31,600 in net interest savings.
By utilizing Road and Bridge Funds for early redemption, rather than issuing refunding bonds,
the City will not have to pay$11,000 in costs of issuance to retire these bonds.
ACTION REQUESTED:
Approve the early redemption of the Series 2005A bonds on December 20, 2012 or as soon
thereafter as due notice can be properly given.
Respectfully submitted,
Robin Hanson
Finance Director
41
7/c•
%oAR � City of Farmington
430 Third Street
!: '►,�� Farmington,Minnesota
-ta:4 651.280.6800•Fax 651 280.6899
www.d.tarmingum.mn.0
TO: Mayor, Councilmembers, and City Administrator
FROM: Brenda Wendlandt, Human Resources Director
SUBJECT: Telephone Service Contract
DATE: November 19, 2012
INTRODUCTION
This memorandum provides information regarding the City's telephone service.
DISCUSSION
The City's contract for the dial tone portion of their phone service is up for renewal. While the contract
is one that has an automatic renewal, staff had discussions with Enventis to lower the cost of both
PRI's.
It is advantageous for the City to remain with the same carrier as it eliminates the costs and potential
issues associated with porting the existing phone numbers to a new carrier.
Enventis gave us a favorable quote for the next two years of service.The quoted price for both PRI's is
$1799.95 per month which is a reduction from our current cost of$1200.00 per year.
BUDGET IMPACT
Funding for phone service is included in the budget;and the estimated annual cost savings is$1200.00.
ACTION REQUESTED
Approve the Enventis telephone service contract for dial tone.
Respectfully submitted,
Brenda Wendlandt
Human Resources Director
cc: File
42
o`JARAitic City of Farmington
430 Third Street
Farmington,Minnesota
tea't 651.280.6800•Fax 651.280.6899
"•"," . wwwwci.farmington.mn.us
TO: Mayor,Council Members,and City Administrator
FROM: Ken Lewis,Building Official
SUBJECT: School and Licensing
DATE: November 19,2012
Introduction
The State of Minnesota requires the city to have a licensed building inspectors to ensure that contractors
and property owners comply with state regulations.
Discussion
Building Inspector Ron Fedder and Building Official Ken Lewis are currently licensed as Building
Inspectors. The State of Minnesota requires that inspectors be recertified every 2 years.In order to maintain
their licenses,they are required to participate in seminars and or classes to acquire continuing education
units.The classes will be held on January 14—18,2013 at the University of Minnesota.This seminar is only
offered once a year.
Budget Impact
The total cost will be$750.00.This includes the class fee of$375.00 per person.There will be no mileage
reimbursement as they will be using a city vehicle.This fee will be taken out of the 2013 budget for training
and subsistence.
Action Requested
Authorize Building Inspector Ron Fedder's and Building Official Ken Lewis's attendance at the Annual
Institute for Building Officials Continuing Education Seminar.
Respectfully submitted
Ken Lewis
43
?/1-7
;yoEARA� .?► City of Farmington
�
j 430 Third Street
! "r Farmington,Minnesota
651.280.6400•Fax 651 80.6899
��
"A DOW wwwclArmingwn.mn.us
TO: Mayor, Council Members and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Request to Waive Rambling River Center Rental Fees
DATE: November 19, 2012
INTRODUCTION
A facility rental fee would normally be required for an event planned to be held on December 9,
2012 at the Rambling River Center.
DISCUSSION
Farmington Yellow Ribbon Network,which is a non-profit organization, is planning to have an
event where people will drop off cookies at the Rambling River Center and when enough
cookies have been collected,the cookies are divided up,put on paper plates and then delivered to
military families in the Farmington area. This is a free event.There has been a good response in
the past and the Farmington Yellow Ribbon Network would like to continue to sponsor this
event and would like to use the Rambling River Center because it offers a larger area to collect
and manage the delivery of the cookies.
This event is being planned to be held in the Banquet Room at the Rambling River Center on
December 9, 2012 from 12:00 Noon until 4:00 p.m.. The Rambling River Center's Banquet
Room is available for the Farmington Yellow Ribbon Network to use on this date as there are
currently no rentals booked during this time and date. The Farmington Yellow Ribbon Network
is requesting that the City Council waive the Rambling River Center rental fee for the event.
BUDGET IlVIPACT,
The normal rental fee for this event based on the current 2012 fees would be$150 for the rental
and a$100 cleaning fee for a total rental fee of$250.00. The Farmington Yellow Ribbon
Network is requesting to have the fee waived and has indicated they are willing to clean up the
Banquet Room after its use.
ACTION REOUESTED
Approve the request to waive the Banquet Room rental fee of$250.00 at the Rambling River
Center for the Farmington Yellow Ribbon Network event planned for December 9, 2012.
Respectfully submitted,
Randy Distad
Parks and Recreation Director
44
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J.Campbell (651)452-5000
Roger N.Knutson
Thomas M.Scott Fax(651)452-5550 John F.Kelly
Elliott 13.Knetsch Henry A.Schaeffer,III
Joel J.Jamnik Author's Direct Dial:(651)234-6219 Alma Schwartz
Andrea McDowell Pochler E-mail Address:jja mnik@ck-law.com Samuel J.Edmunds
Soren M.Mattick Marguerite M.McCarron
November 14,2012
To: Farmington City Council
David McKnight,City Administrator
From: Joel Jamnik,City Attorney
Subject: Proposed Settlement Agreement and Release for City Council Consideration/Teresa
Walters
Background.
Teresa Walters served as City Finance Director from March 22,2010 to June 6,2012. On
September 13, our office was contacted by John Fabian of the Fabian, May and Anderson law
firm to inform us that Ms.Walters had retained Mr. Fabian represent her in connection with her
separation from the City of Farmington and to ascertain whether the City was interested in
resolving Ms.Walters' employment related claims prior to commencement of litigation.
Following consultation with the City Administrator, I engaged in negotiations with Mr. Fabian
regarding a possible separation agreement and release. I subsequently involved the city's
insurance provider,the League of Minnesota Cities Insurance Trust in the negotiations,since the
proposed settlement amount would exceed the city's deductible threshold, and because one
of the possible claims involved Minnesota's whistleblower statute,an area of law that is
complex and uncertain.
Following their review,the LMCIT defense counsel and claims supervisor recommend a
negotiated settlement due to the possible costs associated with litigating this matter, and the
possible ramifications to all of the parties depending on the various outcomes should the matter
not be settled. It is also my opinion that the agreement constitutes a fair and reasonable
settlement for all parties. The cost to the City is limited to the amount of the City's per claim and
annual deductible,which is capped at$10,000 per year depending on the number of other
claims, if any.
Action Requested
Attached for Council review is a proposed settlement agreement and release regarding Ms.
Walters. I recommend the Council by motion approve the execution of the proposed
settlement document.
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve *Eagan,MN 55121
45
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and Release of Claims(hereinafter"Agreement")is
made by and between Teresa Walters(hereinafter referred to as"Walters")and the City
of Farmington(hereinafter referred to as"City").
WHEREAS,Walters has made certain employment related claims against the
City;and
WHEREAS,the City has denied any liability or wrongdoing whatsoever relating
to the claims raised by Walters;and
WHEREAS,in order to avoid the expense and uncertainty of litigation,the
parties desire to mutually resolve and settle all disputes among them,known and
unknown,without the further expenditure of time,effort or money;and
WHEREAS,this Agreement is intended to embody all the settlement terms and
conditions and shall constitute the complete agreement between the parties.
NOW THEREFORE,in consideration of the recitals and promises made herein,
the parties agree as follows:
1. Nonadmission. It is expressly understood and agreed that this Agreement
and Release of Claims does not constitute,nor shall either be construed,as an
adjudication or finding on the merits of any claim or potential claim by Walters nor does
this Agreement constitute,nor shall either be in any manner construed,as an admission
of wrongful conduct or liability on the part of the City,its officials,employees,
volunteers,agents,representatives,and any affiliated entity of the City of Farmington.
1
46
2. Payment. In settlement and consideration for the release of any and all
claims,grievances,or complaints, asserted or unasserted,the League of Minnesota
Cities Insurance Trust("LMCIT"),on behalf of the City of Farmington,agrees to pay
the total sum of Twenty Three Thousand Dollars($23,000.00)to be issued in the
following manner: $20,000 made payable to Teresa Walters for alleged non-wage
related damages;and$3,000 made payable to Fabian May&Anderson,PLLP,for
alleged costs and attorney fees. These payments are in consideration for the Release of
Claims,and do not constitute back wages,back pay or severance of any kind. LMCIT
will issue Form 1099 for the payments to Walters and Fabian May&Anderson,PLLP.
Box 3 on Walters' Form 1099 will be used to record the payment to her. The City and
LMCIT make no representations or warranties about any particular tax treatment of
these payments. Walters enters into this Agreement only after consulting with her own
attorney and/or tax advisor as to the characterization and treatment of such payments. In
the event a taxing authority asserts a claim for federal or state income taxes,social
security taxes,unemployment taxes and/or Medicare taxes,Walters stipulates and agrees
that neither the City nor LMCIT is responsible to said taxing authority for payment of
that obligation,and Walters agrees to pay for any such obligation;and Walters further
agrees to indemnify,defend and hold harmless the City and LMCIT from those claims if
asserted.
3. Release of Claims. In exchange for the above referenced payments at
Paragraph 2,Walters,for herself,her heirs,administrators,representatives,successors,
2
47
and assigns,hereby releases and forever discharges the City of Farmington,LMCIT,and
their current and former officers,agents,or employees,successors and assigns from any
and all demands,debts,obligations or claims that were or could have been raised by
Walters and that arise from or relate in any way to Walters's employment,including,but
not limited to,any claims for severance,wrongful termination,breach of contract,
defamation,intentional or negligent infliction of emotional distress,attorney's fees,
expenses or costs;claims under the Minnesota Human Rights Act;claims under the Age
Discrimination in Employment Act(ADEA),as amended;claims under the Americans
with Disabilities Act of 1990,as amended;claims under the Rehabilitation Act of 1973,
as amended; claims under Title VII of the Civil Rights Act of 1964,as amended; claims
under the Civil Rights Act of 1991;claims under 42 U.S.C. §1981, §1981a,§1983,
§1985, §1988;claims under Minn. Stat. Ch. 179A;claims under Minn. Stat. § 181.932;
and claims under any other applicable federal, state or local statute or ordinance,existing
at any time up to and including the date of this Agreement. Excluded from this release
are any claims that cannot be waived by law,including,but not limited to,the right to
file a charge with or participate in an investigation conducted by certain government
agencies.Walters is waiving,however,the right to any monetary recovery should any
agency(including,but not limited to,the Equal Employment Opportunity Commission)
pursue any claims on her behalf.
4. Non-Disparagement. The parties to this Agreement agree not to make
any statements,written or verbal,or cause or encourage others to make any statements,
3
48
written or verbal,that defame or disparage the personal or business reputation,practices,
or conduct of Walters or the City and its employees,directors,and officers. The parties
further agree that any disclosure or discussion of the terms of this Agreement is
governed by current(2012)Minnesota Statutes §13.43, subd.2 and subd. 1.
6. Personnel File. Upon final execution of this Agreement,the City will
remove all performance evaluation forms from Walters' official personnel file as
maintained by the City of Farmington except for the evaluation dated September 14,
2010. The City will seal and maintain all removed documents in a separate,confidential
file.
7. Additional Representations. Walters acknowledges that as of the date of
her signature on this Agreement,the City has fully and properly paid her for all of the
hours,the work,and the services that she has ever provided to the City,and that,except
for the payment referenced in Paragraph 2 above,she has received from the City all
wages,salaries,earnings, overtime pay,commissions,bonuses and all other
remuneration to which she is entitled.
8. Voluntary and Knowing Action. Each person signing this Agreement
specifically acknowledges that he/she has read the terms of the Agreement in full,has
had the opportunity to consult with the attorney of his/his choice,understands the terms
of this Agreement, and understands to be bound thereby in full. Those signing below in
the representative capacity fully affirm or verify that they are authorized to execute this
Agreement on behalf of their respective principals, and that it is their principals' intent
4
49
to be bound thereby in full.
9. Entire Agreement. This Agreement constitutes the entire Agreement of
parties and there are no unrecorded inducements or representations leading to its
execution.
10. Severability. In case any one or more of the provisions of this Agreement
shall be found to be invalid,illegal or unenforceable in any respect,the validity,legality
and enforceability of the remaining provisions contained in this Agreement shall not in
any way be affected or impaired.
11. Governing Law. Interpretation and construction of this Agreement shall
be governed by the laws of the State of Minnesota.
12. Rescission Period. In compliance with the ADEA,29 U.S.C.
626(f)(1)(F)(i),Walters has 21 days in which to consider this Settlement Agreement. In
compliance with the ADEA,29 U.S.C. 626(f)(1)(G)and the Minnesota Human Rights
Act,Minn. Stat. § 363A.31,Walters has 15 days from her execution of this Agreement
in which to rescind it. To be effective,any such rescission must be in writing and
delivered to the City Administrator for the City of Farmington,430 3rd Street,
Farmington,Minnesota,within 15 days from Walters's execution of the Agreement,
either:
a. By hand by 5 p.m.on the last day;or
b. By certified mail return receipt requested,postmarked by the last day.
5
50
IN WITNESS WHEREOF,the City of Farmington and Teresa Walters have
approved and executed this Settlement Agreement and Release of Claims.
Date:
Teresa Walters
FOR CITY OF FARMINGTON
Date:
6
51
70
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cOW( City of Farmington
riA. 430 Third Street
' --a- Farmington,Minnesota
651.2R0.6800.Fax 651.280.6899
�Bt'A www.d.tarmingum.mn.us
TO: Mayor, Council Members and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve the Name Jim Bell Park and Preserve for the Park and Open Space Areas
in Autumn Glen, Fairhill and Meadow Creek Third Addition Developments
DATE: November 19, 2012
INTRODUCTION
The Parks and Recreation Advisory Commission(the Commission) members and Parks and
Recreation Department staff members are recommending to the City Council to use the name
Jim Bell Park and Preserve to identify the park and open space areas that are contiguous in the
Autumn Glen, Fairhill and Meadow Creek Third Addition Developments(the Developments).
DISCUSSION
Attached is Exhibit A,which shows the location of the park and open space area to be named
after Mr.Bell.The park and open space area to be named is approximately 135 acres in size.
Currently no signage exists at any of the entrances to this identified park and open space area.
At its October 10, 2012 meeting the Commission discussed a Parks and Recreation Department
staff recommendation to name the park and open space area in the Developments as Jim Bell
Park. As part of the motion and unanimous recommendation, Commission members deferred the
actual naming of the park and open space area to allow Mr.Bell the opportunity to provide a
name that he would be in favor of.
Staff members then met with Mr. Bell and informed him of the recommendation being made to
name this area after him in honor of his 27 years of service to the City as its first Parks and
Recreation Director. Staff asked Mr. Bell if he had a preference on a name that he would like to
use to identify the park and open space. Mr.Bell requested that he be given an opportunity to
"think"about the name.
The following week staff was contacted by Mr. Bell and he stated that he had thought of three
possible names for the park and open space area: Jim Bell Park and Preserve, Jim Bell Park and
Playfields or Jim Bell Preserve and Playfields. Staff then contacted Mr.Bell and commented
that their preference would be Jim Bell Park and Preserve. Mr. Bell agreed with staff members
on this name for the park and open space area.
The park/facility naming policy,which is attached as Exhibit B states that a facility can be
named after someone if one or more of the following is met:
1. A long-time City employee, volunteer or supporter.
2. A citizen and/or family of the community.
72
3. An individual, family or organization supported the project financially.
The policy also states that Park and Recreation park and facility names should be named
carefully and with permanent intent. In the past the City Council has used the naming policy and
approved the re-naming of the Farmington Civic Arena to Schmitz-Maki Arena. It has also
allowed rooms in the Rambling River Center to be named after people or organizations willing to
purchase the naming rights.
BUDGET IMPACT
New entrance signage will need to be purchased and installed. There are five main park entrance
signs planned to be purchased and installed initially. The approximate locations of the park
entrance signs have been identified on Exhibit A with an"X". When the park is further
developed,there may be a need to purchase additional entrance signs.
The City has in the past purchased park entrance signs from Cylex Signs, a company specializing
in park,trail and golf course signage. Given the proprietary material used in making the signs, it
is being recommended to purchase these signs from the same company so the entrance signs to
the Jim Bell Park and Preserve are uniform with the dimensions, graphics, lettering and color
that other park entrance signs contain. Attached in Exhibit C is an estimate provided by Cylex
Signs to purchase five park entrance signs in the amount of$13,840.31. It is being
recommended to purchase these signs in 2013 with Park Improvement Fund money and then
have staff install the new park signs in late spring-early summer 2013.
ACTION REOUESTED
The City Council is being asked to approve naming the park and open space area identified in
Exhibit A as Jim Bell Park and Preserve based on the unanimous recommendation made by the
PRAC and after further input from Mr. Bell and to approve the purchase of five park entrance
signs in 2013 from the Park Improvement Fund to permanently identify this area as the Jim Bell
Park and Preserve.
Respectfully submitted,
Randy Distad
Parks and Recreation Director
cc: Park and Recreation Advisory Commission Members
73
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Disclaimer:Map and parcel data are believed to he accurate,
but
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legal document and should not be substituted for a title search papr:rauisr aa lc,y is not guaranteed. This Is not a Map Scale
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urve or for zoning 1 inch = 66 feet
verification.Dakota County assumes no legal responsibility for the information contained In this data.
10/25/2012
74 1
B
PARK/FACILITY NAMING AND DONATIONS POLICY
•
PARK/FACILITY NAMING GUIDELINES
1. The neighborhood or subdivision in which the park is located.
2. The street name adjacent to,or closely identified with,the park.
3. The name of a local point of interest or local focal point near the park.
4:- The name df s stiff).or creek adjacent"fo or e az the park`:"—
5. The name of some topographic feature associated with the park.
6. The name of a historical occurrence associated with the area indigenous to Farmington.
a.The HPC should review historical recommendations.
7. A creative name based on some impression of the site, (i.e.,vegetation, dominant feature, or
the ecology of the area.)
8. Parks can be named after an individual or family. Items and/or facilities within a park may
also be named after an individual or family. This should be done only after careful
{ evaluation. The individual that the park,park item and/or facility is to be named after should
be one or more of the following:
a) A longtime City employee,volunteer or supporter.
b) A citizen and/or family of the community.
c) An individual,family or organization that supported the project financially.
9. If naming a park after an individual or family, a unanimous decision must be made by
the PARAC.
10. Park and recreation facilities'names should be named carefully and with permanent intent.
NAMING PROCESS
1. The Director and Park and Recreation Commission compiles a list of names. These can be
from surveys,neighbors,members,contests and so on.
2. The Park and Recreation Commission narrows the list down to three choices.
. 3. The Park and Recreation Commission, at its next meeting,makes a final recommendation to
the Council.
75
)(11!b*1 C
Webber Recreational Design,Inc. Estimate
1442 Brooke Ct
Hastings,MN 55033 Date Estimate#
11/14/2012 385
Name/Address Ship To
City of Farmington Ship To:City of Farmington
430 Third Street 19650 Maniciple Drive
Farmington,MN 55024-0000 Farmington,MN 55024
•
Customer Phone Customer Fax
651-280-6800 Rep
• JW
Description Qty Rate Total
5'x 3'Single-sided Sign per spec on(2)54"x 6"x 6"Posts 5 2,300.00 11,500.00T
Delivery 1 1,450.00 1,450.00T
Subtotal $12,950.00
Sales Tax (6.875%) $890.31
Total $13,840.31
Phone# Fax# E-mail Web Site
651.438.3630 651.438.3939 bsutter@webberrec.com wwvwebberrec.com
76
/0,
u
EA10 City of Farmington
430 Third Street
! Farmington,Minnesota
651.2XOh'RU0•Fax 651?80:6899
ww ci.farmingum.mn.u�
TO: Mayor, City Council Members, City Administrator
FROM: Tony Wippler,Assistant City Planner
SUBJECT: -Adopt Resolution Approving the 2030 Comprehensive Plan—2011 Amendment
-Adopt an Ordinance Amending Section 10-5-1 of the City Code adopting a new
Official Zoning Map
DATE: November 19, 2012
INTRODUCTION
The Metropolitan Council reviewed Farmington's 2030 Comprehensive Plan—2011 Amendment
at their meeting on August 20, 2012.
DISCUSSION
2030 Comprehensive Plan—2011 Amendment
At the meeting, the Metropolitan Council found that the Amendment"meets the Comprehensive
Plan Amendment Administrative Review Guidelines adopted by the Council on July 28, 2010.
The proposed amendment does not affect official forecasts or the City's ability to accommodate
its share of the region's affordable housing need. Therefore, the Council will waive further
review and action, and the City may place this amendment into effect."
The Planning Commission reviewed the document and held a public hearing on July 9, 2012 and
subsequently the City Council reviewed the document on July 16, 2012 (copies of the entire
document were provided to the Council at that time). The Metropolitan Council did not place
any modification requirements on the Amendment, therefore, what the Commission and City
Council reviewed at their respective meetings is what staff is requesting approval of tonight.
As a review, the amendment includes the following notable revisions (this is not an all inclusive
list):
1. Most of the changes deal with population, household, etc., numbers that are associated
with the 2010 Census.
2. The Agricultural Preserve Acres have been modified because property owners have
determined that they want to re-enroll in the program. Of note, Donnelly Farms has re-
enrolled eleven properties into the program for the next eight years. No development
may occur on these properties until the owner takes them out of the Agricultural
Preserve,not before eight years has passed.
77
3. The 2009 Transportation Study has been included in the Plan along with the construction
discussion for 195th Street.
4. The Sustainability Chapter is now included in the Plan.
5. The Economic Development Chapter has been revised to include the Economic
Development Strategy.
6. The"fringe properties"along 1st and Elm Streets and 4th and Oak Streets have been
revised from commercial to low medium density residential.
7. 25 acres at the northeast intersection of CSAH 50 and Flagstaff Avenue have been
revised from Agricultural to Industrial and will be granted MUSA upon adoption of the
2030 Comprehensive Plan—2011 Amendment.
New Official Zoning Map
City staff is recommending amendments to Section 10-5-1 concerning the Official Zoning Map
(Exhibit A) in order to comply with the 2030 Comprehensive Plan—2011 Amendment (Exhibit
B). As previously mentioned in this memorandum the Metropolitan Council has approved the
City's 2030 Comprehensive Plan—2011 Amendment with no modifications. With the approval
of the Metropolitan Council,the City must update its ordinances and official controls intended to
help implement the Comprehensive Plan amendment. The information below identifies three(3)
areas (Exhibit C1-C3) that consist of nine (9) parcels within the City that are in need of Official
Zoning Map amendments (rezoning) in order to comply with the 2030 Comprehensive Plan —
2011 Amendment. The current zoning and proposed zoning, along with the reasoning for the
zoning changes are included in the information below:
Staff has identified three (3) areas containing nine (9) properties within the City that are being
proposed to be amended;they are as follows:
Area 1—Exhibit Cl
Addresses Affected: 200 1St Street
204 1St Street
212 1St Street
220 1St Street
35 Elm Street
33 Elm Street
2030 Comprehensive Plan—
2011 Amendment Land Uses: Low Medium Residential
Current Zoning: B-2(Downtown Business)
Proposed Zoning Changes: R-T(Downtown Transitional Mixed Use)
Reason for Proposed Change: The Planning Commission held a workshop on January 24, 2012
to review the draft version of the 2030 Comprehensive Plan— 2011 Amendment including the
78
possible re-guiding and rezoning of certain downtown fringe properties, of which these six
properties are included. The Commission was comfortable with re-guiding these properties from
Commercial to Low Medium Density Residential as they are currently utilized for residential and
the likely hood of redevelopment of these parcels for commercial use is low. The properties are
adjacent to residential properties that are zoned R-T, therefore it is recommended to rezone them
to R-T (Downtown Transitional Mixed Use). Rezoning these properties to R-T would make
them conform to the 2030 Comprehensive Plan — 2011 Amendment. It should be noted that
Planning staff surveyed the affected property owners on whether they would support these
changes in guidance and zoning and all agreed the changes are appropriate.
Area 2—Exhibit C2
Addresses Affected: 400 Oak Street
404 Oak Street
2030 Comprehensive Plan—
2011 Amendment Land Uses: Low Medium Density Residential
Current Zoning: B-2 (Downtown Business)
Proposed Zoning Changes: R-T(Downtown Transitional Mixed Use)
Reason for Proposed Change: The Planning Commission held a workshop on January 24, 2012
to review the draft version of the 2030 Comprehensive Plan — 2011 Amendment including the
possible re-guiding and rezoning of certain downtown fringe properties, of which these two
properties are included. The Commission was comfortable with re-guiding these properties from
Commercial to Low Medium Density Residential as they are currently utilized for residential and
the likely hood of redevelopment of these parcels for commercial use is low. The properties are
adjacent to residential properties that are zoned R-T, therefore it is recommended to rezone them
to R-T (Downtown Transitional Mixed Use). Rezoning these properties to R-T would make
them conform to the 2030 Comprehensive Plan — 2011 Amendment. It should be noted that
Planning staff surveyed the affected property owners on whether they would support these
changes in guidance and zoning and all agreed the changes are appropriate.
Area 3—Exhibit C3
Property Affected: Approximately 25 acres of currently cultivated farmland
located at the northeast intersection of CSAH 50 and
Flagstaff Avenue. The property is owned by Bernard
Murphy.
2030 Comprehensive Plan—
2011 Amendment Land Use: Industrial
79
Current Zoning: A-1 (Agriculture)
Proposed Zoning Change: IP (Industrial Park)
Reason for Proposed Change: The MUSA Review Committee met on January 24, 2012 and
determined that the 25 acres of land at the northeast intersection of CSAH 50 and Flagstaff
Avenue should be given MUSA in 2012 upon approval of the 2011 Amendment. It was also
agreed upon that the 25 acres should be a continuation of the Industrial area adjacent to the east.
Rezoning these 25 acres from A-1 (Agriculture) to IP (Industrial Park) makes this area conform
to the 2030 Comprehensive Plan—2011 Amendment.
ACTION REQUESTED
Staff recommends that the City Council take the following actions:
1. Adopt the attached resolution adopting the 2030 Comprehensive Plan — 2011
Amendment.
2. Adopt the attached ordinance amending Section 10-5-1 of the City Code adopting a new
official zoning map.
Respectfully submitted,
Tony Wippler
Assistant City Planner
80
•
Metropolitan Council
October 2,2012
Tony Wippler
City of Farmington
325 Oak Street
Farmington,MN 55024 .
Re: City of Farmington's 2011 Comprehensive Plan Amendment Review File No.20385-2
Metropolitan Council District 16
Dear Tony,
The Metropolitan Council received the City's 2011 Comprehensive Plan Amendment on August
20,2012. The amendment reguides 25 acres of Agricultural to Industrial,and 2-acres from
Commercial to Low Medium Density Residential.
The proposal is located at the southeast portion of the downtown Farmington area. The proposal
also adds new language regarding the 2010 US Census data,language on a transportation study,
and a new chapter on sustainability.
Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative
Review Guidelines adopted by the Council on July 28,2010. The proposed amendment does not
affect official forecasts or the City's ability_to accommodate its share of the region's affordable
housing need. Therefore,the Council will waive further review and action,and the City may
• place this amendment into effect.
The amendment,explanatory materials,and the information submission form will be appended
to the City's Plan in the Council's files. If you have any questions about this review,contact
Patrick Boylan,Principal Reviewer,at 651-602-1438.
Sincerely,
.4,41,
LisaBeth Barajas,Acting Manag
Local Planning Assistance
cc: Julie Monson,Minnesota Housing
Tod Sherman,Development Reviews Coordinator,MnDOT Metro Division
Wendy Wulff,Metropolitan Council District 16
Patrick Boylan,Sector Representative
Cheryl Olsen,Reviews Coordinator
N:4ComrDev)LPA 1Communities&FarrmingtonlLetters FFarmnngton-CPA-AdminRev_20385,2.do,ex
www.metrocounell.org
390 Robert Street North • St.Paul,MN 55101-1805 • (651)602-1000 • Fax(651)602-1550 • TTY(651)291-0904
An Equal Oppo?ulitty Employer
I'. 4
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Map dated March 14,2012.
I I Vermillion River Fioodpiain Q Downtown Commercial District Prepared for the City of Farmington
Community Development Department
°t Historic Properties o by the Dakota County Office of GIS.
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86
(
RESOLUTION NO.R48-12
ADOPTION OF THE 2030
COMPREHENSIVE PLAN—2011 AMENDMENT
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 19th day of
November, 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, Minn. Stat. § 462.355 and § 473.864 require the City to review its comprehensive
plan and amend it, if necessary; and
WHEREAS, the City of Farmington has prepared a 2030 Comprehensive Plan — 2011
Amendment in accordance with the Metropolitan Land Planning Act; and
WHEREAS, numerous public hearings, workshops, and meetings were held to provide for
public input on development issues, goals and policies related to the 2030 Comprehensive Plan—
2011 Amendment process, and
WHEREAS, the Planning Commission and City Council previously recommended submittal of
the proposed 2030 Comprehensive Plan—2011 Amendment to the Metropolitan Council; and
WHEREAS, the 2030 Comprehensive Plan — 2011 Amendment was submitted to adjacent
governmental units, special affected districts lying in whole or in part within the City, and
affected school districts for review and comment in accordance with Minn. Stat. § 473.858; and
WHEREAS, the Metropolitan Council on August 20, 2012 reviewed the 2030 Comprehensive
Plan—2011 Amendment and determined that the City could put the 2030 Comprehensive Plan—
2011 Amendment into effect
NOW, THEREFORE,BE IT RESOLVED that the City Council of Farmington hereby adopts
the 2030 Comprehensive Plan—2011 Amendment for the City of Farmington.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November, 2012
Mayor
Attest to the 07‘.4- day of November, 2012.
ity Administrat r
SEAL
ORDINANCE NO. 012-653
CITY OF FARMINGTON
DAKOTA COUNTY,MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON
CITY CODE,THE FARMINGTON ZONING ORDINANCE,
ADOPTING A NEW OFFICIAL ZONING DISTRICT MAP
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. The Zoning Map of the City of Farmington established by the City Code,
Section 10-5-1, is amended by deleting the existing City of Farmington Zoning Map and adopting
the new Official Zoning District Map which is attached hereto and incorporated herein as Exhibit
«A»
SECTION 2. This ordinance shall be effective immediately upon its passage.
ADOPTED this 19th day of November,by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson,Mayor
ATTEST:
By.
avid McKni: C• • dministrator
SEAL
Approved as to form the day of ,2012
B-' -�.•� • /
y.
City Atterney
Published in the Farmington Independent the /3 4-1/ day of ,2012.
L . 4
City.of Farmington Map 12.1
Farmington Zoning Map
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I I B-2(Downtown Busipass) I R-3(Medium Density Residential-6.0-12.0 du/ac)
1. 1 B-3(Heavy Business) I R=5(High Density Residential-12.0+dt loo) N
1 1 B-4(Neighborhood Business) I R-D(Downtown Residential) e^\
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r11-1(Industrial I ROW(Right-of-Way) VV
®IF(Industrial Park) I SSC(Spruce Street Commercial) S
1-1 of Mixed-Use 1 1 Water
Mixed-Use Commerciai/Residentiai
Other
Map dated March 14,2012. •
I-1 Vermillion River Floodplain Q Downtown Commercial District- Prepared for the City of Farmington
Community Development Department
4. Historic Properties o n by the Dakota County Office of GIS.
rJG I
//�
o)EAR4i� City of Farmington
430 Third Street
���: >: Farmington,Minnesota
,� 4,° 651,280_6800•Fax 651 280.6899
A° ww d.i n iigt+ni mn ux
TO: Mayor, City Council Members, City Administrator
FROM: Tony Wippler, Assistant City Planner
SUBJECT: - Adopt Resolution Approving the Master Plan and Authorizing the Signing of
the Master PUD Agreement for Farmington Health Services
-Adopt an Ordinance Rezoning the Property located at 3410 213th Street W to R-
5 PUD
DATE: November 19, 2012
INTRODUCTION
The applicant, Farmington Health Services, has requested the approval of a Planned Unit
Development application and rezoning to R-5 PUD. The subject property is the Trinity Campus
located at 3410 213th Street West. The property is owned by St. Francis Health Services.
DISCUSSION
Planned Unit Development
On August 9, 2011,the Planning Commission approved a conditional use permit [CUP] allowing
the construction of a ten (10) unit group home on the Trinity property. A condition of approval
of the CUP was that the applicant applies for and receives approval of a Planned Unit
Development [PUD]. The need to have a Planned Unit Development established for this
property was created by the development of the memory care unit(s). The memory care unit(s)
need to be separated from the remaining facilities, which are interconnected, on site in order to
provide for the most secure and safe living environment for the patients being cared for. By
separating these facilities, the applicant is creating multiple principal buildings on a single
platted lot. Section 10-4-1(H) of the City Code requires that no more than one principal building
or structure shall be located on a platted lot or parcel of land, except in the case of planned unit
developments.
The establishment of a PUD will assist in two specific ways with this particular property. First,
it will remove the requirement of only one principal structure on a lot. Secondly, and most
importantly, it will allow the City and the applicant to look at the property in a comprehensive
way and to develop a master plan for the future development and/or redevelopment of the
property instead of the piece meal approach that has occurred over the last several years.
Attached as Exhibit A is the Planned Unit Development Agreement as drafted by staff and
reviewed and found in acceptable form by the City Attorney, applicant, and Planning
Commission. The PUD Agreement outlines the terms of the Planned Unit Development. The
89
main code deviation that is specified in the agreement is the allowance for multiple principal
buildings on a single platted lot. The other provision that staff wanted to make the Commission
aware of can be found on page 3 of the agreement title Recordation Plan. This provision requires
that the applicant submit a recordation plan for the existing hospital building on site prior to
approval of a demolition permit for this portion of the building. The recordation plan includes a
written history of the building as well as building plans. This was a recommendation of the
Heritage Preservation Commission.
Master Plan
Attached as Exhibit B, is the proposed Master Plan as submitted by the applicant. The existing
site currently accommodates the following:
• Trinity Care Center — Skilled Nursing Care center licensed for 65 beds and is
approximately 44,318 square feet.
• Trinity Suites—ten (10) bed group home for Memory Care residents and is 8,828
square feet.
• Trinity Terrace— 54 unit, 3 story Senior Living (assisted living and independent
living)facility.
• Existing (partially abandoned) hospital. This portion of the existing hospital
contains the kitchen, laundry and boiler room which serve the Skilled Nursing
care center.
The proposed future site modifications and additions as shown on the attached Master Plan are as
follows:
• Construction of an additional ten (10) bed group home for Memory Care
residents, identical to the one that opened in 2012. This would be a separate
facility. Group Homes are a conditional use in the R-5 district. A separate CUP
will have to be applied for and approved by the Planning Commission prior to
submitting for a building permit for this facility.
• Demolition of the remaining hospital and construction of a"Utilities Addition"to
the existing Skilled Nursing Care Center. This would include a new commercial
kitchen, commercial laundry and new mechanical room to serve the facility. A
demolition permit will have to be submitted to the City's Building Official prior
to demolition work being commenced on site.
• Construction of two additional "Senior Living" facilities where the old hospital
once stood. Construction of these facilities would require site plan approval
through the Planning Commission prior to building permit submission. It should
be noted that these "Senior Living" facilities are proposed to have underground
parking available.
It should be noted that the Master Plan can be amended by the applicant through the City's PUD
Amendment process if future plans were to change with this property.
The property is subject to the setback and lot coverage requirements of the R-5 Zoning District.
The setbacks for the R-5 zone are as follows:
90
Front Yard: 25 feet
Side Yard: 10 feet
Rear Yard: 10 feet
The proposed buildings as shown in the Master Plan meet the setback requirements shown
above. The R-5 Zoning District stipulates that the lot coverage of all structures cannot exceed 30
percent of the lot area. With all of the proposals shown in the Master Plan, the lot coverage upon
build out will be approximately 23.3%.
Rezoning
With the submittal of the PUD application, the applicant is requesting the property be rezoned
from R-5 (High Density Residential) to R-5 PUD. It should be noted that upon rezoning the
property will be subject to all other code provisions in the R-5 (High Density Residential)
Zoning District that are not specifically identified as a deviation in the PUD Agreement.
Planning Commission Review
The Planning Commission reviewed the Master Plan, Master PUD Agreement and the Rezoning
for the Trinity property at its regular meeting on November 13, 2012. The Commission
recommended approval of the Master Plan, Master PUD Agreement and the Rezoning with a
vote of 3-0.
ACTION REQUESTED
1. Adopt the attached Resolution approving the PUD Master Plan and Authorizing the
Signing of the Master PUD Agreement;
2. Adopt the attached Ordinance rezoning the subject property from R-5 (High Density
Residential)to R-5 PUD.
Respectfully submitted,
Tony Wippler,Assistant City Planner
Cc: Kyle Camacho, Prairie Design Studio
91
Exhibit A
PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT dated , 20_, by and between the CITY
OF FARMINGTON, a Minnesota municipal corporation(referred to herein as "City"),
and St. Francis Health Services(referred to herein as"Developer").
RECITALS
A. Developer owns property situated in the County of Dakota, State of
Minnesota and legally described as follows:
Lot 1,Block 1 Trinity Health Care 1st Addition
(referred to herein as"Subject Property).
B. Developer has asked the City to approve a planned unit development for
the Subject Property(also referred to in this Agreement as the"PUD").
C. Developer desires to have the Subject Property rezoned from R-5 to R-5
Planned Unit Development.
NOW,THEREFORE,the parties agree as follows:
1
92
1. Conditions of Approval. The City hereby approves a rezoning of the
Subject Property to R-5 PUD subject to the conditions set forth in this Agreement, on
condition that the Developer enters into this Agreement.
2. Effect of Planned Unit Development Approval. For two (2)years from
the date of this Agreement,no amendments to the City's Comprehensive Plan or official
controls shall apply to or affect the use, development density, lot size, lot layout or
dedications of the development unless required by state or federal law or agreed to in
writing by the City and Developer. Thereafter, notwithstanding anything in this
document to the contrary, subject to nonconforming use rights the City may require
compliance with any amendments to the City's Comprehensive Plan,Zoning Ordinance,
official controls, platting or dedication requirements enacted after the date of this
document.
3. Plans. The City grants approval to the development of the PUD in
accordance with the following plans which are on file at Farmington City Hall. The plans
are not attached hereto. If the plans vary from the written terms of this Agreement,the
written terms shall control. The plans are:
Plan A—PUD Master Plan
4. Zoning. Except as otherwise modified by this Agreement,the landuse,
design and other requirements and standards of the R-5 zoning district shall apply to the
Subject Property with the following exceptions:
• More than one principal building may be located on the platted lot
The Developer may not convey all or any part of the PUD buildings without subdividing
with conforming lots.
2
93
5. Recordation Plan. The Developer shall submit a recordation plan, which
includes building plans and a written history, of the existing hospital building on site.
The recordation plan must be submitted to the City prior to approval of a demolition
permit for the existing hospital portion of the campus.
6. Compliance with Permit and Licenses. It is the responsibility of the
Developer to obtain and comply with all necessary approvals, permits, and licenses from
the City of Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota
Department of Health, and any other regulatory agency affected by or having jurisdiction
over the Subject Property. All costs incurred to obtain said approvals, permits, and
licenses shall be the responsibility of the Developer.
7. Compliance with Laws and Regulations. Developer represents to the
City that the proposed development complies with all applicable City, County,
Metropolitan, State, and Federal laws and regulations, including but not limited to the
Farmington City Code, planned unit development ordinance, subdivision ordinances,
zoning ordinances, and environmental regulations in effect during the course of this
development or Agreement, and agrees to comply with such laws and regulations.
8. Enforcement. Developer shall reimburse the City costs incurred in the
enforcement of this Agreement, including reasonable engineering and attorney's fees.
Developer shall pay in full all bills submitted to it by the City within sixty(60) days after
receipt. Bills not paid within sixty(60) days shall be subject to an eight percent(8%)per
annum interest charge.
3
94
9. Miscellaneous.
A. Breach of any material term of this Agreement by Developer shall
be grounds for denial of building permits.
B. If any material portion, section, subsection, sentence, clause,
paragraph, or phrase of this Planned Unit Development Agreement is for any reason held
invalid as a result of a challenge brought by Developer,their agents or assigns,the City
may, at its option, declare the entire Agreement null and void and approval of the fmal
planned unit development shall thereby be revoked.
C. The action or inaction of any party shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers
shall be in writing, signed by the parties, and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Agreement after
expiration of time in which work is to be completed shall not be a waiver or release.
D. This Agreement shall run with the land and shall be recorded in the
Dakota County Recorder's office.
E. This Agreement shall be binding upon the parties,their heirs,
successors, or assigns, as the case may be.
F. Third parties shall have no recourse against the City under this
Agreement.
G. Except as otherwise specified herein, Developer shall pay all costs
incurred by them or the City in conjunction with the development of the PUD, including
but not limited to legal, planning, engineering and inspection expenses incurred in
connection with the preparation of this Agreement.
4
95
H. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right,power or remedy, express or implied,
now or hereafter arising, available to City, at law or in equity, or under any other
agreement, and each and every right, power and remedy herein set forth or otherwise so
existing may be exercised from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
10. Notices. Required notices to Developer shall be in writing, and shall be
either hand-delivered to Developer, its employees or agents,or mailed to Luverne
Hoffivan, Chief Executive Officer, at St. Francis Health Services by registered mail at the
following address: 801 Nevada Avenue, Morris, MN 56267. Notices to the City shall be
in writing and shall be either hand-delivered to the City Administrator,or mailed to the
City by registered mail in care of the City Administrator at the following address:
Farmington City Hall, 430 Third Street,Farmington, Minnesota 55024.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
And
David McKnight, City Administrator
ST. FRANCIS HEALTH SERVICES
By:
Luverne Hoffman
Its
5
96
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 20 , by Todd Larson and David McKnight,the Mayor and City
Administrator of the City of Farmington, a Minnesota municipal corporation,on behalf of
the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by ,the
of St. Francis Health Services, a Minnesota , on behalf of said
Notary Public
6
97
RESOLUTION NO. R49-12
APPROVING THE MASTER PLAN AND AUTHORIZING
THE SIGNING OF THE MASTER PUD AGREEMENT FOR FARMINGTON
HEALTH SERVICES (TRINITY)
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 191 day of
November,2012 at 7:00 P.M.
Member Present: Larson,Bartholomay,Donnelly, Fogarty,May
Members Absent: None
Member Fogarty introduced and Member Donnelly seconded the following:
WHEREAS, the Master Plan and PUD Agreement for Farmington Health Services (Trinity) are
now before the Council for review and approval; and
WHEREAS, a public hearing of the Planning Commission was held for the Master Plan and
PUD Agreement for Farmington Health Services (Trinity) on November 13, 2012 after notice of
the same was published in the official newspaper of the City and proper notice sent to
surrounding property owners; and
WHEREAS, The Planning Commission reviewed the Master Plan and PUD Agreement for
Farmington Health Services (Trinity) on November 13, 2012 and forwarded a recommendation
of approval to the City Council.
WHEREAS, the City Council has reviewed the Master Plan and PUD Agreement for
Farmington Health Services (Trinity).
NOW, THEREFORE, BE IT RESOLVED that the Master Plan and PUD Agreement be
approved and that the requisite signatures are authorized and directed to be affixed to the PUD
Agreement.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November, 2012.
Mayor
Attest to the c,96 jI h day of November,2012.
el/
Administr to
SEAL
CITY OF FARMINGTON
DAKOTA COUNTY,MINNESOTA
ORDINANCE NO.012-654
An Ordinance Amending Title 10 of the Farmington City Code,the Farmington Zoning
Ordinance,rezoning the property located at 3410 213th Street W
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the
property addressed as 3410 213th Street West and legally described as Lot 1, Block 1, Trinity
Health Care 1'Addition from R-5 (High Density Residential)to R-5 PUD.
SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5-1
of the Farmington City Code, shall be republished to show the aforesaid zoning.
SECTION 3. This ordinance shall be effective immediately upon its passage.
Adopted this 19t day of November,2012,by the City Council of the City of Farmington.
CITY OF FARMINGTON
MAYOR
ATTEST:
AD II . IR
SEAL
Approved as to form the 2 day of 60(9-42-A■
ITY ATT
Published in the Farmington Independent the /3 day of ,20 .
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, 430 Third Street
Farmington,Minnesota
651.2RO.66R00•Fax 651.280.6899
Pale v ww.c1.farmirgum.mn.0 4
TO: Mayor, Councilmembers and City Administrator
FROM: Robin Hanson, Finance Director
SUBJECT: Adopt Ordinance Amendment Modifying Billing Requirements for Utility Bills
DATE: November 19, 2012
INTRODUCTION
The City invoices for its utility services(water, solid waste, sewer, storm water and street lights)
on a quarterly basis. Currently, in most rental property situations, the City invoices the tenant for
the utilities and provides the property owner with a courtesy copy(i.e. duplicate)of the utility
statement.
DISCUSSION
Finance staff spends a significant amount of time throughout the year updating records and final
billing accounts for tenant changes. Each time a tenant changes, staff must close one set of utility
accounts and open another set.This can occur more than once a year and usually occurs during a
billing cycle. Public Works staff must also spend time obtaining final meter readings and more
often than not Solid Waste staff must change garbage containers from one size to another for the
new tenant.
If the City is not advised of a change in tenancy,the City's ability to collect from the prior tenant
is limited. Meanwhile, maintaining an account relationship with both the tenant and the owner
increases the City's exposure to non-collection as a result of a bankruptcy by either the tenant or
the owner. If the account is maintained in just the owner's name the City would be unaffected
by a tenant filing bankruptcy.
Finance staff fields a high volume of calls from property owners inquiring as to whether or not
their tenants have paid their utility bills. Unfortunately, during the year, but especially in the fall
when the City certifies delinquent utility accounts, staff gets caught in the middle of disputes
between tenants and property owners regarding payment of utility bills.Tenant billing
complicates the City's ultimate collection tool—assessment against the property. It can create
unnecessary legal issues as to proper notice of the delinquency.
In talking with staff from some other cities, reviewing information provided by the League of
Minnesota Cities and discussions with the City Attorney, staff has learned a City may enact an
ordinance making property owners, as landlords,be responsible for tenants' utility charges
because the property owner allows or requests connection of the property to the utility and lets
tenants use the services.
101
The following table provides some summary information about the City's utility accounts:
Allocation of
Number Utility
of Type of Accounts Billing
Accounts Account Certified Staff Time*
Rental 456 7% 14% 30%
All Others 5,915 93% 9% 70%
Total 6,371 100% 100%
*These percentages do not include time spent by other Finance or Public Works staff on work
related to rental accounts.
Rental accounts represent 7%of the total utility accounts. However,they represent 14%of the
delinquent accounts and require 30%of the utility billing staff person's time. The remaining
Finance staff Public Works and Solid Waste staff also spend additional time on rental accounts.
Given the disproportionate amount of time spent on tenant accounts due to the frequency of
tenants relocating and difficulties with owners and tenants communicating in a timely and
accurate fashion regarding payment of the utility bills, staff is recommending an ordinance
amendment which would make property owners responsible for tenant's charges to help ensure
timely payment and reduce staff time.
Under the attached proposed amendment the City would invoice the property owner. The
property owner would be responsible for paying the City. This removes the City from the
equation. It would be the property owner's responsibility to communicate with and collect from
their tenants, not the City.
BUDGET IMPACT
This amendment will not affect the budget.
The proposed change may result in more timely collections of utility bills,would reduce staff
time dealing with these issues and allow better utilization of staff time in other areas.
ACTION REQUESTED,
Adopt the attached ordinance amending the City Code to provide utility bills be invoiced to
property owners only.
Respectfully submitted,
Robin Hanson
Finance Director
102
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 012-
AN ORDINANCE RELATING TO SEWER RENTAL CHARGES,WATER RENTAL
CHARGES AND BILLING REGULATIONS RESPECTIVELY
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 8, of the Farmington City Code is hereby amended by adding the following Chapter
12 CITY UTILITY SYSTEMS RATES AND BILLING:
Chapter 12: CITY UTILITY SYSTEMS RATES AND BILLING
8-12-1: DEFINTIONS
8-12-2: ACCOUNTS
8-12-3: BILLING
8-12-4: FEES AND CHARGES SCHEDULE
8-12-5: DELINQUENT ACCOUNTS
8-12-6: OTHER REMEDIES
8-12-1 DEFINITIONS
For the purpose of this Ordinance,the following capitalized terms listed in alphabetical order shall have
the following meanings:
Account: A record of utility services used by each property and the periodic costs for those utility
services.
City: The City of Farmington, County of Dakota, State of Minnesota
City Utility System: Facilities used for providing public utility service owned or operated by City or
agency thereof, including, but not limited to, sewer, storm sewer,water service, and solid waste service.
Fees and Charges Schedule: A schedule of all utility rates and charges set by ordinance of the City or
by action of the Water Commission.
8-12-2 ACCOUNTS
All accounts shall be carried in the name of the owner who personally, or by his or her authorized agent,
applied for such service. The owner shall be liable for City Utility System services supplied to the
property,whether he or she is occupying the property or not,and any unpaid charges shall be a lien upon
the property.
8-12-3 BILLING
Water, sewer, and other utility service charges shall be billed on one bill as applicable to each account.
All charges for water, sewer, and other utility services, shall be due as stated on the bill and considered
delinquent the third business day after the due date stated on the bill. All bills shall contain the address
and telephone number of the official in charge of billing and shall be clearly visible and easily readable.
103
Bills shall be mailed to the customers on or before the fifth day of each month(by billing group)of each
year(Billing Group I& II: January, April, July, October;Billing Group III: February,May,August,
November;and Billing Group IV: March, June, September, December) and specify the water consumed
and the sewer and other utility service charges in accordance with the current Fees and Charges Schedule
set by ordinance of the City Council.
8-12-4 FEES AND CHARGES SCHEDULE
(A)The Fees and Charges Schedule shall be adopted annually by ordinance of the City Council. The
ordinance shall include fees established by the Water Commission in accordance with Title 2, Chapter 5
of the City Code.
(B) The City Council ordinance setting out the utility rate schedule shall also establish the number of
certification cycles per year. At least one certification cycle will be timed each year to coincide with
Dakota County's requirements for certification to the following year's taxes. Additional certification
cycles must be set in the annual rate schedule ordinance. Each year,the Council shall establish one or
more certification cut-off dates. All City utility accounts, unless exempt for other legal reason,which
have been billed a delinquent bill and remain unpaid as of the certification cut-off date shall have the
balance on the account included in a preliminary certification list.
8-12-5 DELINQUENT ACCOUNTS
(A)Penalties: A late payment penalty as set out in the fees and charges schedule shall be assessed on all
accounts with a past due balance.
(B) Certification for collection with taxes: Unpaid charges on utility accounts shall not be certified to
the county auditor until notice and an opportunity for a hearing have been provided to the owner of the
premises involved. The notice shall be sent by first class mail and shall state that if payment is not made
before the date for certification,the entire amount unpaid plus certification fees will be certified to the
county auditor for collection as other taxes are collected. The notice shall also state that the owner may,
before such certification date, attend a hearing on the matter to object to certification of unpaid utility
charges.
(C)The owner of the property shall have the option of paying the balance due on the account until the
date and time specified on the notice of the certification hearing. After the date and time specified on the
notice of certification hearing, payments will still be accepted, but will include certification fees as
established in the Fees and Charges Schedule.
(D)A hearing shall be held on the matter by the City Council. Property owners with unpaid utility
charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes
are collected. It after the hearing,the City Council finds that the amounts claimed as delinquent are
actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified
for collection with taxes in accordance with this ordinance, the City may certify the unpaid charges to the
county auditor for collection as other taxes are collected.
(E)For each objected certification sustained, the property owner shall have the following options after
the hearing:
(1)To pay the delinquent amount listed on the preliminary roll within five business days of the
hearing date, but without additional certification fees as established in the Fees and Charges
Schedule.
104
(2)To pay the certified charges as billed to them by Dakota County on their property tax
statement with a collection term of one year.
(F) Six business days after the hearing,the certified roll, minus any payments, shall be delivered to
Dakota County for collection as other taxes are collected with interest at the rate set in the adopted rate
schedule, accrued beginning on the date of the public hearing through December 31 of the following year
and certification fees as provided for in the Fees and Charges Schedule.
8-12-6 OTHER REMEDIES
In addition to any procedures or penalties provided for in this ordinance if any person, firm or
corporation fails to comply with any provision of this ordinance,the Council or any City official
designated by it may institute appropriate proceedings at law or at equity to procure payment and or
enforce the provisions of this ordinance.
SECTION 2. Title 8,Chapter 2, Section 12, SEWER RENTAL CHARGES is deleted in its entirety
and replaced with the following language:
8-2-12: Charges for use of the City utility system shall be established and billed for as provided in Title
8, Chapter 12
SECTION 3. Title 8,Chapter 3, Section 8,WATER RENTAL CHARGES is deleted in its entirety
and replaced with the following language:
8-3-8: Charges for use of the City utility system shall be established and billed for as provided in Title
8, Chapter 12
SECTION 4. Title 8,Chapter 3,Section 10,BILLING REGULATIONS, is deleted in its entirety.
SECTION 5. FF'ECTIVE DATE. This ordinance shall be effective January 1, 2013 upon its passage
and publication according to law.
ADOPTED this 19th day of November, 2012, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson,Mayor
ATTEST:
By:
David McKnight, City Administrator
SEAL
Approved as to form the day of November 2012.
By:
City Attorney
Summary published in the Farmington Independent the day of , 2012
105
CITY OF FARMINGTON
DAKOTA COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 8, OF THE FARMINGTON CITY CODE
ADDING A NEW CHAPTER 12 REGARDING CITY UTILITY RATES AND BILLING,
AND AMENDING OR DELETING EXISTING PROVISIONS
AFFECTED BY THE NEW PROVISIONS
On November 17, 2012, Ordinance No. was adopted by the City Council of the City of
Farmington, Minnesota. Due to the lengthy nature of the Ordinance, the following summary of the
ordinance has been prepared for publication and approved by the City Council as authorized by state law.
The adopted ordinance adds a new section of the City Code relating to the establishment of rates or
charges for City utility systems, including but not limited to water, sewer and storm water utilities. The
ordinance also amends or deletes current code sections that address the same issues that are impacted by
adding the new language. The new chapter of the code addresses how rates and charges are established for
the various City utilities, how those charges are billed and collected from utility customers, and related
matters. The ordinance is effective immediately. A copy of the Ordinance is available for public review
at City Hall during regular office hours at the office of the City Clerk and is also available on the City
website.
APPROVED FOR PUBLICATION this 19th day of November, 2012, by the City Council of the
City of Farmington,Minnesota.
CITY OF FARMINGTON
BY:
Todd Larson, Mayor
ATTEST:
BY:
David McKnight, City Administrator
SEAL
Approved as to form the day of November 2012.
Published in the Farmington Independent the day of 2012.
106
/Oc
City of Farmington
t. 74 430 Third Street
rh Farmington,Minnesota
651.280_61300•Fax 651 280.6899
Wp
prwr
www.clearminguntmlum
TO: Mayor, Councilmembers and City Administrator
FROM: Robin Hanson, Finance Director
SUBJECT: September/October Financial Review
DATE: November 19, 2012
INTRODUCTION
Enclosed is the financial report through the month of October 2012.The following notes will
highlight variations from budget.
General Fund- Overall
Through the end of October you would expect revenues and expenses to be approximately 83%
of this year's budgeted amounts.
Through October, General Fund revenues total$5.5 million or 57%of budgeted amounts.
• Property taxes represent 83%of the City's total revenues.As of October only the first
half property taxes have been received. The second half property tax revenues will be
received in December/January.
• Excluding property taxes,the remaining revenue line items are at 88%of the budget.
Through October, General Fund expenditures total$7.3 million or 79%of budgeted amounts.
Overall,this is less than the 83%of anticipated expenditures that would be expected through the
first 10 months of the year. It is comparable to last year's expenditure percentage for the same
time period which was 78%of budget.
Revenue Line Items
Intergovernmental Revenue
The Minnesota State Aid for both Police and Fire were received in October.These two
amounts totaled approximately$250,000.
Investment Income
For the majority of the City's investments interest is paid semi-annually from the date of
purchase.Therefore, it is not received(and not recorded as revenue) on a consistent basis,
thus the fluctuations in amounts from one month to the next. In conjunction with year-
end the revenue will be recorded for interest earned, but not yet received as of December
31st and you will see the actual amount approximating budget for the year.
107
Expenditure Line Items
Emergency Management
Expenditures are 130%of budget due to the upgrade of all of our warning sirens earlier
this year.
Engineering
Engineering is at 94%of budget due to more work being charged to this area than was
budgeted. There are offsetting budgets in the non-general fund area that are under budget
due to this issue.
Snow Removal
Snow removal expenditures are at 39%of budget due to the seasonal nature of this line
item.
Park Maintenance
Park maintenance expenditures are slightly ahead of schedule. If we do not have
unseasonal snow fall through the end of the year, this line item should approximate
budgeted expenditures.
Swimming Pool
Pool expenditures are at 98%of budget. The pool is seasonal and is closed for the year.
Recreation Budget(Included in the General Fund)
Rambling River Center
Earlier this year,Rambling River Center achieved its fundraising goal of$90,000.
Following that achievement Council authorized that funds raised through future
fundraising efforts be set-aside for future capital improvements. Staff has since identified
$9,466.96 in additional donations and$1,480.38 in related fundraising costs incurred for
a net $7,986.58 in additional fundraising through the end of October. In November these
funds are being transferred to a separate Rambling River Center Capital Improvement
Fund, so that the funds are more easily identifiable.
Pool
The pool is closed for the year. Through October expenditures exceed revenues by
$49,940. There will be some modest expenses in November and December for utilities.
Special Revenue Funds
The Special Revenue funds are established to account for specific revenue sources(grants)or to
fmance a specific activity. A plan to eliminate deficits was discussed during the budget process.
The following is a summary of some of the special revenue funds:
EDA
Through October expenditures exceeded revenue by approximately$7,500. In addition,
during October,the EDA transferred its annual loan payment of$33,500 to the Storm
Water Trunk Fund for past improvements related to the library.
108
At the end of October the fund balance equals$32,135. There are two remaining
monthly transfers(per budget)of$18,750 each. Assuming modest expenditures during
the next two months,the two remaining monthly transfers should eliminate the negative
fund balance in the EDA.
Park Improvement
Revenues are very difficult to project in this account. For 2012 revenues are nearly
double the budgeted amount. Expenses appear more than budgeted due to recent
improvements at Lake Julia.Ultimately, $13,000 of those expenses will be reimbursed by
Dakota County.
Ice Arena
Year to-date revenues exceed expenditures by approximately$47,000. If November and
December of 2012 are similar to the past two years,then the ice arena should show a
modest profit for the year. One additional item to note,with the warmer weather October
expenditures increased due to increased electrical charges to maintain the ice and the
installation of a small concrete pad outside the arena.
Enterprise funds
The Enterprise funds are self supporting and do not need financial assistance from the General
fund.
Downtown Liquor Store
Receipts have exceeded expenditures for each of the last two months. Overall revenues
are slightly ahead of budgeted amounts. Expenditures are less than budgeted for the first
ten months of 2012 and are$30,000 less than expenditures last year for the same time
period.
Pilot Knob Liquor Store
Receipts have exceeded expenditures for each of the last three months. Receipts are also
approximately$90,000 ahead of where they were for the same time period last year.
Meanwhile, expenditures are only$40,000 ahead of where they were for the same time
period last year. As a result the bottom-line for the Pilot Knob store is$50,000 ahead of
where it was last year at this time.
Combined Liquor Stores
The fmancial results for the two liquor stores continue to improve.
Sewer
Sewer expenses are less than anticipated. The two primary reasons are 1)professional
services are less than budgeted,which is offset by the increased charges being reflected
in the General Fund and 2) at this point one of the smaller projects,totaling$95,000, has
not been undertaken.
109
Solid Waste
Solid waste expenses are less than anticipated. The primary reason is the delayed
purchase of a new truck which was budgeted at$175,000.
Storm Water
Solid waste expenses are less than anticipated in part due to the unanticipated delay of a
joint project with Lakeville that was budgeted for approximately$40,000.
Water
Solid waste expenses are less than anticipated in part due to the seasonal nature of this
account(parts purchases usually increase shortly after hydrant flushing)and this year the
City's wells were not inspected which often results in increased maintenance.
Street Light Utility
The Street Light Utility Fund results have been better than budgeted. The negative fund
balance in this Fund may be eliminated by the end of the year.
Graph
The graph details that overall 2012 YTD fund balance. At the end of October the balance is
positive at $9,724.A year ago at this time the ending fund balance was$99,196.
DISCUSSION
Review the fmancial report, discuss any issues, and answer any additional questions.
BUDGET IMPACT
None.
ACTION REOUESTED
None, information only.
Respectfully submitted,
Robin Hanson
Finance Director
110
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J A City of Farmington
430 Third Street
! Farmington,Minnesota
651.280.6800.Fax 651 280.6899
www.clAirmingon.mit s
TO: Mayor, Council Members, and City Administrator
FROM: Robin Hanson,Finance Director
SUBJECT: Debt Post-Issuance Compliance Policy and Resolution
DATE: November 19, 2012
INTRODUCTION
In conjunction with each tax exempt bond sale the issuer is required to file a completed IRS
Form 8038-G.
DISCUSSION
Recent changes have been made to IRS Form 8038-G which asks issuers to indicate if they have
written procedures to monitor compliance with the arbitrage and private activity rules.Although
there is no statutory requirement that the City have written procedures, disclosing the absence of
such procedures may prompt an IRS examination.
Attached you will find a Post Issuance Debt Compliance Policy and Resolution.
BUDGET IMPACT:
No direct budget impact.
ACTION REQUESTED:
Approve the attached Post Issuance Debt Compliance Policy and corresponding resolution.
Respectfully submitted,
Robin Hanson
Finance Director
116
City of Farmington, Minnesota
Post-Issuance Debt Compliance Policy
The City Council(the"Council") of the City of Farmington,Minnesota(the"City")has chosen,
by policy,to take steps to help ensure that all obligations will be in compliance with all
applicable state and federal regulations.This policy may be amended, as necessary, in the future.
Background
The Internal Revenue Service(IRS) is responsible for enforcing compliance with the Internal
Revenue Code(the"Code")and related regulations governing certain obligations(for example:
tax-exempt obligations, Build America Bonds, Recovery Zone Development Bonds and various
"Tax Credit"Bonds). The IRS expects issuers and beneficiaries of these obligations to adopt and
implement a post-issuance debt compliance policy and procedures to safeguard against post-
issuance violations.
Post-Issuance Debt Compliance Policy Objective
The City desires to monitor these obligations to ensure compliance with the IRS Code and
related regulations governing such obligations. To help ensure compliance,the City has
developed the following policy(the"Post-Issuance Debt Compliance Policy"). The Post-
Issuance Debt Compliance Policy shall apply to the obligations mentioned above, including
bonds, notes, loans, lease purchase contracts, lines of credit, commercial paper or any other form
of debt that is subject to compliance.
Post-Issuance Debt Compliance Policy
The Finance Director of the City is designated as the City's agent who is responsible for post-
issuance compliance of these obligations.
The Finance Director shall assemble all relevant documentation, records and activities required
to ensure post-issuance debt compliance as further detailed in corresponding procedures(the
"Post-Issuance Debt Compliance Procedures").At a minimum,the Post-Issuance Debt
Compliance Procedures for each qualifying obligation will address the following:
1. General post-issuance compliance;
2. Proper and timely use of bond proceeds and bond-financed property;
3. Arbitrage yield restriction and rebate;
4. Timely filings and other general requirements;
5. Additional undertakings or activities that support points 1 through 4 above;
6. Other requirements that become necessary in the future.
The Finance Director shall apply the Post-Issuance Debt Compliance Procedures to each
qualifying obligation and maintain a record of the results. Further,the Finance Director will
ensure that the Post-Issuance Debt Compliance Policy and Procedures are updated on a regular
and as needed basis.
117
Council will review requests from the Finance Director or any other individuals responsible for
assisting the Finance Director in maintaining records needed to ensure post-issuance debt
compliance,to attend training or secure use of other educational resources for ensuring
compliance such as consulting, publications, and compliance assistance.
Most of the provisions of this Post-Issuance Debt Compliance Policy are not applicable to
governmental bonds the interest on which is includable in gross income for federal income tax
purposes. On the other hand, if an issue of taxable governmental bonds is later refunded with the
proceeds of an issue of tax-exempt governmental refunding bonds,then the uses of the proceeds
of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the
taxable governmental bonds will be relevant to the tax-exempt status of the governmental
refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable
governmental bonds may be refunded, in whole or in part,with the proceeds of an issue of tax-
exempt governmental bonds then, for purposes of this Post-Issuance Debt Compliance Policy,
the Finance Director shall treat the issue of taxable governmental bonds as if such issue were an
issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of
this Post-Issuance Debt Compliance Policy with respect to such taxable governmental bonds.
The Finance Director shall seek the advice of bond counsel and its financial advisor as to
whether there is any reasonable possibility of issuing tax-exempt governmental bonds to refund
an issue of taxable governmental bonds.
If the City issues bonds to finance a facility to be owned by the City but which may be used, in
whole or in substantial part,by a nongovernmental organization that is exempt from federal
income taxation under Section 501(a) of the Code as a result of the application of Section
501(c)(3)of the Code(the "501(c)(3)Organization"),the City may elect to issue the bonds as
"qualified 501(c)(3) bonds"the interest on which is exempt from federal income taxation under
Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such
qualified 501(c)(3)bonds are not governmental bonds, at the election of the Finance Director,for
purposes of this Post-Issuance Debt Compliance Policy,the Finance Director shall treat such
issue of qualified 501(c)(3)bonds as if such issue were an issue of tax-exempt governmental
bonds and shall carry out and comply with the requirements of this Post-Issuance Debt
Compliance Policy with respect to such qualified 501(c)(3)bonds. Alternatively, in cases where
compliance activities are reasonably within the control of the relevant 501(c)(3)Organization,
the Finance Director may determine that all or some portion of compliance responsibilities
described in this Post-Issuance Debt Compliance Policy shall be assigned to the relevant
organization.
The City may also issue tax-exempt bonds,the proceeds of which are loaned to certain private
entities, including qualified 501(c)(3)organizations(referred to as"conduit bonds"). The City
will require, as part of approval of any conduit bonds,that the borrower assumes the duties of
post-issuance debt compliance as described in this Post-Issuance Debt Compliance Policy,
including provisions for reporting to the City.
Adopted this 19th day of November by the Council of the City of Farmington, Minnesota
118
RESOLUTION NO.R50-12
ADOPTING POST-ISSUANCE DEBT COMPLIANCE POLICY
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 19th day of
November 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,The City Council (the"Council") of the City of Farmington, Minnesota(the
"City")has chosen,by policy,to take steps to help ensure that all obligations will be in
compliance with all applicable state and federal regulations. This policy may be amended, as
necessary, in the future.
WHEREAS,The Internal Revenue Service (IRS) is responsible for enforcing compliance with
the Internal Revenue Code(the"Code")and related regulations governing certain obligations
(for example:tax-exempt obligations,Build America Bonds,Recovery Zone Development
Bonds and various"Tax Credit"Bonds). The IRS expects issuers and beneficiaries of these
obligations to adopt and implement a post-issuance debt compliance policy and procedures to
safeguard against post-issuance violations; and
WHEREAS,The City desires to monitor these obligations to ensure compliance with the IRS
Code and related regulations governing such obligations. To help ensure compliance,the City
has developed the following policy(the "Post-Issuance Debt Compliance Policy"). The Post-
Issuance Debt Compliance Policy shall apply to the obligations mentioned above, including
bonds,notes,loans, lease purchase contracts, lines of credit,commercial paper or any other form
of debt that is subject to compliance.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Farmington,that
the Finance Director of the City is designated as the City's agent who is responsible for post-
issuance compliance of these obligations.
The Finance Director shall assemble all relevant documentation,records and activities required
to ensure post-issuance debt compliance as further detailed in corresponding procedures(the
"Post-Issuance Debt Compliance Procedures"). At a minimum,the Post-Issuance Debt
Compliance Procedures for each qualifying obligation will address the following:
1. General post-issuance compliance;
2. Proper and timely use of bond proceeds and bond-financed property;
3. Arbitrage yield restriction and rebate;
4. Timely filings and other general requirements;
5. Additional undertakings or activities that support points 1 through 4 above;
6. Other requirements that become necessary in the future.
The Finance Director shall apply the Post-Issuance Debt Compliance Procedures to each
qualifying obligation and maintain a record of the results. Further,the Finance Director will
ensure that the Post-Issuance Debt Compliance Policy and Procedures are updated on a regular
and as needed basis.
Council will review requests from the Finance Director or any other individuals responsible for
assisting the Finance Director in maintaining records needed to ensure post-issuance debt
compliance,to attend training or secure use of other educational resources for ensuring
compliance such as consulting,publications, and compliance assistance.
Most of the provisions of this Post-Issuance Debt Compliance Policy are not applicable to
governmental bonds the interest on which is includable in gross income for federal income tax
purposes. On the other hand, if an issue of taxable governmental bonds is later refunded with the
proceeds of an issue of tax-exempt governmental refunding bonds,then the uses of the proceeds
of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the
taxable governmental bonds will be relevant to the tax-exempt status of the governmental
refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable
governmental bonds may be refunded, in whole or in part,with the proceeds of an issue of tax-
exempt governmental bonds then, for purposes of this Post-Issuance Debt Compliance Policy,
the Finance Director shall treat the issue of taxable governmental bonds as if such issue were an
issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of
this Post-Issuance Debt Compliance Policy with respect to such taxable governmental bonds.
The Finance Director shall seek the advice of bond counsel and its financial advisor as to
whether there is any reasonable possibility of issuing tax-exempt governmental bonds to refund
an issue of taxable governmental bonds.
If the City issues bonds to finance a facility to be owned by the City but which may be used, in
whole or in substantial part,by a nongovernmental organization that is exempt from federal
income taxation under Section 501(a)of the Code as a result of the application of Section
501(c)(3)of the Code (the "501(c)(3) Organization"),the City may elect to issue the bonds as
"qualified 501(c)(3)bonds"the interest on which is exempt from federal income taxation under
Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such
qualified 501(c)(3)bonds are not governmental bonds, at the election of the Finance Director, for
purposes of this Post-Issuance Debt Compliance Policy,the Finance Director shall treat such
issue of qualified 501(c)(3)bonds as if such issue were an issue of tax-exempt governmental
bonds and shall carry out and comply with the requirements of this Post-Issuance Debt
Compliance Policy with respect to such qualified 501(c)(3)bonds. Alternatively, in cases where
compliance activities are reasonably within the control of the relevant 501(c)(3) Organization,
the Finance Director may determine that all or some portion of compliance responsibilities
described in this Post-Issuance Debt Compliance Policy shall be assigned to the relevant
organization.
The City may also issue tax-exempt bonds,the proceeds of which are loaned to certain private
entities, including qualified 501(c)(3) organizations (referred to as"conduit bonds"). The City
will require, as part of approval of any conduit bonds,that the borrower assumes the duties of
post-issuance debt compliance as described in this Post-Issuance Debt Compliance Policy,
including provisions for reporting to the City.
This resolution is adopted by recorded vote of the City of Farmington City Council in open
session on the 19th day of November, 2012.
Mayor Todd Larson
Attested to the d 6 day of November, 2012
i�
/
SEAL 0...f d McKnig ', #IJF Administrator
/off
%Ep ►i› City of Farmington
430 Third Street
.., :. Farmington,Minnesota
651.2R0.6R00•Fax 651 280.6899
"A ow
www.ci.tarmmgt+m.mn.ur
TO: Mayor, Council Members and City Administrator
FROM: Robin Hanson, Finance Director
SUBJECT: Approve Resolution—Authorizing 2013A Bond Sale to Refund 2005B and
2006A Bonds
DATE: November 19, 2012
INTRODUCTION
The City has an opportunity to refund(refinance)the 2005B and 2006A bonds which would
reduce the City's future interest costs.
2005B (Ash Street)
These bonds were originally issued to fmance the Ash Street construction project.The
outstanding debt on this series of bonds is$1,770,000 and is scheduled to be paid off on
February 1, 2021. The current interest rate is between 3.45%and 4.10%. The optional
redemption date is February 1, 2014.
2006A(Spruce Street extension and Hill Dee)
These bonds were originally issued to finance the Spruce Street extension and Hill Dee project.
The outstanding debt on this series of bonds is$4,385,000 and is scheduled to be paid off on
February 1, 2022. The current interest rate is between 3.90 %and 4.20%. The optional
redemption date is February 1, 2013.
DISCUSSION
2005B Bonds(Refund Now or Later)
The 2005B bonds are not currently optionally redeemable.Utilizing a cross-over refunding, it is
still possible to refund the bonds at this time. Refunding the bonds now is estimated to cost
$18,000,because the investment earnings on the new bond proceeds will be less than the interest
cost on the existing bonds which will remain outstanding until February 1, 2014. Refunding the
bonds later, as a separate issue, is estimated to cost($40,000 -$50,000) for costs of issuance.
Even though the 2005B bond are not redeemable now(bonds will not be called until February 1,
2014),they are being included in the 2013A refunding bond issue because the cost of negative
121
arbitrage($18,000) is less than the estimated costs of issuance($40,000-$50,000)the City
would incur if they issued a separate set of bonds at a later date.
2013A(Bond Structure Changes)
A refinancing provides the issuer an opportunity to look at the way an issue is currently
performing and, if desired,restructure the new debt to better match future anticipated cash flow.
The City has taken the opportunity to update the bond structure. Two notable structural changes
have been made:
1. The first principal payment date has been changed from February 1, 2014 to February 1,
2015. This change was made because the current timing of cash receipts does not match
the payment of the related bond principal and interest. Currently,the City pays principal
and interest on February 1 and August 1, but does not collect the related tax levy and
special assessments until the following June/July and December/January. Changing the
date of the first principal payment for the 2013A Bonds puts the City in the position of
receiving the tax and special assessments before making payment to the bondholders the
following year as was originally anticipated in the original cash flow projections.
2. Current repayment schedules for the related special assessments have been factored into
the cash flow projections. As a result the bond maturities have been revised to more
closely match the anticipated special assessment repayments.
Please note, even though the first principal payment date was changed,the fmal maturity of the
bonds did not change. There were sufficient savings generated within the cash flow projections
to enable the fmal maturity date to remain the same.
The most recent cash flow projections estimate the interest rate on the new bonds to range from
.55%-1.55%(current rates range from 3.45%-4.20%) with an estimated gross savings of
approximately$675,000. The estimated gross savings are higher than previously projected,
because the yield curve has flattened. Interest rates on the earlier maturities have increased
slightly(+5 basis points or+.5%),while the interest rates on the longer maturities have
decreased (-15 basis points or-.15%). Final interest rates and savings will not be known until
the actual sale occurs in December.
BUDGET IMPACT
This has no impact on the City's current year budget.
LONG TERM FINANCIAL IMPACT
The proposed refinancing will:
• Reduce the City's interest cost,
• Reduce the City's costs of issuance,
• Restore the timing of cash receipts and payments to that which was anticipated in the
original cash flow projections.
• Strengthen the City's cash flow,thereby reducing pressure on the City's general
obligation pledge.
122
ACTION REQUESTED
Staff requests Council adopt the enclosed resolution providing for the sale of$5,565,000 General
Obligation Improvement Refunding Bonds, Series 2013A which replaces General Obligation
Improvement Bonds 2005B and 2006A.
Respectfully submitted,
Robin Hanson
Finance Director
123
Debt Issuance Services
November 19, 2012
Pre-Sale Report for
$5,565,000 General Obligation Refunding
Improvement Bonds, Series 2013A
Farmington, Minnesota
Prepared and Presented by:
Bruce Kimmel
(4 -,0 Financial Advisor
And
Shelly Eldridge
e Financial Advisor
WWW,ehlers-inc.com
E H L E RS Minnesota phone 651-697-8500 Pointe Drive
LEADERS IN PUBLIC FINANCE Offices also(�Wisconsin and Illinois fax 651 697-8555 Roseville,MN 55113-1122
toll free 800-552-1171
Debt Issuance Services
Executive Summary of Proposed Debt
Proposed Issue: $5,565,000 General Obligation Refunding Improvement Bonds,
Series 2013A
Authority: The Bonds are refunding bonds that were originally issued pursuant
to Minnesota Statues, Chapter 429 and 475. Because the City has
assessed at least 20% of the project costs,the Bonds can be a general
obligation without a referendum and will not count against the City's
debt limit.
Purposes/Funding Sources: The proposed issue includes refinancing of the City's 2006A and
2005B outstanding Bonds as follows:
• $5,500,000 General Obligation Improvement Bonds,
Series 2006A: A current refunding of $4,025,000
callable outstanding principal.
This portion of the refunding is considered to be a current
refunding as the bonds being refunded are callable (pre-
payable) within 90 days of the date of issue of the new
Bonds.
• $2,635,000 General Obligation Improvement Bonds,
Series 2005B: An advanced crossover refunding of
$1,435,000 callable outstanding principal.
This portion of the refunding is considered an advance
refunding as the new Bonds will be issued more than 90
days prior to the call date of the obligations being
refunded.
The 2006A bonds were issued in 2006 to finance the Spruce Street
extension and Hill Dee projects. The 2005B bonds were issued in
2005 to finance the Ash Street Project. The debt service will
continue to be paid from special assessment collections and tax levy.
Interest rates on the obligations proposed to be refunded are 3.45%to
4.20%. The refunding is expected to reduce interest expense by
approximately $662,513 over the next 9 years. The Net Present
Value Benefit of the refunding is estimated to be $646,247, equal to
12.087%of the refunded principal.
Term/Call Feature The Bonds are being issued for a 9 year term. Principal on the Bonds
will be due on February 1 in the years 2015 through 2022. Interest is
payable every six months beginning August 1,2013.
The Bonds maturing February 1, 2021, and thereafter will be subject
to prepayment at the discretion of the City on February 1,2020 or any
Presale Report November 19, 2012
City of Farmington, Minnesota Page 1
_ Debt Issuance Services
date thereafter.
Bank Qualification Because the City is issuing less than $10,000,000 in the calendar
year,the City will be able to designate the Bonds as"bank qualified"
obligations. Bank qualified status broadens the market for the Bonds,
which can result in lower interest rates.
Rating: The City's most recent bond issues were rated AA- by Standard &
Poor's. The City will request a new rating for the Bonds.
If the winning bidder on the Bonds elects to purchase bond insurance,
the rating for the issue may be higher than the City's bond rating in
the event that the bond rating of the insurer is higher than that of the
City.
Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will solicit
competitive bids for purchase of the Bonds from local banks in your
area and regional underwriters.
We have included an allowance for discount bidding equal to.75%of
the principal amount of the issue. The discount is treated as an
interest item and provides the underwriter with all or a portion of its
compensation in the transaction.
If the Bonds are purchased at a price greater than the minimum bid
amount (maximum discount), the unused allowance may be used to
lower your borrowing amount.
Other Considerations: In order to better match the special assessment and tax levy
collections to the debt service payments, the first principal is being
deferred for one year, from the scheduled February 1, 2014 to
February 1, 2015. The preliminary overall reduction in savings was
estimated to be$85,000 over the term of the issue,due to the change..
Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and fmd
that, other than the obligations proposed to be refunded with the
Bonds,there are no other refunding opportunities at this time.
We will continue to monitor the market and the call dates for the
City's outstanding debt and will alert you to any future refunding
opportunities.
Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt
(including this issue) and this issue is over$1,000,000, the City will
be agreeing to provide certain updated Annual Financial Information
and its Audited Financial Statement annually as well as providing
notices of the occurrence of certain "material events" to the
Municipal Securities Rulemaking Board (the "MSRB"), as required
by rules of the Securities and Exchange Commission (SEC). The
City is already obligated to provide such reports for its existing
bonds,and has contracted with Ehlers to prepare and file the reports.
0 Presale Report November 19, 2012
City of Farmington, Minnesota Page 2
Debt Issuance Services
Arbitrage Monitoring: Because the Bonds are tax-exempt securities/tax credit securities,the
Issuer must ensure compliance with certain Internal Revenue Service
(IRS) rules throughout the life of the issue. These rules apply to all
gross proceeds of the issue, including initial bond proceeds and
investment earnings in construction, escrow, debt service, and any
reserve funds. How issuers spend bond proceeds and how they track
interest earnings on funds(arbitrage/yield restriction compliance) are
common subjects of IRS inquiries. Your specific responsibilities will
be detailed in the-Signature,No-Litigation,Arbitrage Certificate and
Purchase Price Receipt prepared by your Bond Attorney and provided
at closing. We recommend that you regularly monitor compliance
with these rules and/or retain the services of a qualified firm to assist
you We also recommend that you establish written procedures
regarding compliance with IRS rules.
Risk Factors: We have assumed no pre-paid special assessments and that the
assessments will be collected as projected. If the City receives a
significant amount of pre-paid assessments, it may need to increase
the levy portion of the debt service to make up for lower interest
earnings than the expected assessment interest rate.
For the portion of the Bonds that are being issued for the current
refunding, the prior debt obligations are "callable" now and can
therefore be paid off any time after February 1, 2013. The new
Bonds will not be pre-payable until February 1,2020.This refunding
is being undertaken based in part on an assumption that the Issuer
does not expect to have future revenues to pay off this debt and that
market conditions warrant the refinancing at this time.
For the portion of the Bonds that are being issued for the"advance"
refunding,only one advance refunding of an original tax-exempt debt
obligation is permitted under current IRS rules. This refunding is
being undertaken based in part on the following assumptions:
• Since the new Bonds will extend the"call"date for this debt,
we are assuming that the City does not expect to have
revenues available to pre-pay the current obligations prior to
this new call date.
• That advance refunding will provide an overall lower debt
cost as compared to waiting to refund the issue until its call
date.
Presale Report November 19, 2012
City of Farmington, Minnesota Page 3
Debt Issuance Services
Proposed Debt Issuance Schedule
Pre-Sale Review by Council: November 19,2012
Distribute Official Statement: December 6,2012
Conference with Rating Agency: Week of December 3,2012
City Council Meeting to Award Sale of the Bonds: December 17,2012
Estimated Closing Date: January 15,2013
Attachments
Sources and Uses of Funds
Proposed Debt Service Schedule
Refunding Savings Analysis
Bond Buyer Index
Resolution Authorizing Ehlers to Proceed With Bond Sale
Ehlers Contacts:
Financial Advisors: Shelly Eldridge (651)697-8504
Bruce Kimmel (651)697-8572
Bond Analyst: Pia Troy (651)697-8556
Bond Sale Coordinator: Alicia Baldwin (651)697-8523
Financial Analyst: Alicia Gage (651)697-8551
The Official Statement for this financing will be distributed to the City Council at their home address or
e-mailed for review prior to the sale date.
Presale Report November 19, 2012
City of Farmington, Minnesota Page 4
Farmington, MN
$5,580,000 General Obligation Refunding Bonds, Series 2013A
Current Refund Series 2006A&Crossover Refund Series 2005B
"AA" B.Q. Market Rates+10bps- 1st Prin 2/1/2015-Wrap @ Assessments
Total Issue Sources And Uses
Dated 01/10/2013 I Delivered 01/10/2013
Crossover Current
Refund Refund Issue
Series 20058 Series 2006A Summary
Sources Of Funds
Par Amount of Bonds $1,475,000.00 $4,105,000.00 $5,580,000.00
Total Sources $1,475,000.00 $4,105,000.00 $5,580,000.00
Uses Of Funds
Deposit to Current Refunding Fund 1,447,366.19 4,038,627.73 5,485,993.92
Costs of Issuance 12,556.01 34,943.99 47,500.00
Total Underwriter's Discount (0.750%) 11,062.50 30,787.50 41,850.00
Rounding Amount 4,015.30 640.78 4,656.08
Total Uses $1,475,000.00 $4,105,000.00 $5,580,000.00
Proposed 2012CROSAXRSer05 I Issue Summary I 11/152012 I 420 PM
0 EHLERS
LEADERS IN PUBLIC FINANCE
Farmington, MN
$5,580,000 General Obligation Refunding Bonds, Series 2013A
Current Refund Series 2006A&Crossover Refund Series 2005B
"AA" B.Q. Market Rates+10bps-1st Prin 2/1/2015-Wrap @ Assessments
Debt Service Schedule
Date Principal Coupon Interest Total P+1 Fiscal Total
01/10/2013 - - - - -
08/01/2013 - - 31,582.13 31,582.13 -
02/01/2014 - - 28,282.50 28,282.50 59,864.63
08/01/2014 - - 28,282.50 28,282.50 -
02/01/2015 720,000.00 0.550% 28,282.50 748,282.50 776,565.00
08/01/2015 - - 26,302.50 26,302.50 -
02/01/2016 720,000.00 0.650% 26,302.50 746,302.50 772,605.00
08/01/2016 - - 23,962.50 23,962.50 -
02/01/2017 720,000.00 0.750% 23,962.50 743,962.50 767,925.00
08/01/2017 - - 21,262.50 21,262.50 -
02/01/2018 720,000.00 0.900% 21,262.50 741,262.50 762,525.00
08/01/2018 - - 18,022.50 18,022.50 -
02/01/2019 725,000.00 1.100% 18,022.50 743,022.50 761,045.00
08/01/2019 - - 14,035.00 14,035.00 -
02/01/2020 725,000.00 1.300% 14,035.00 739,035.00 753,070.00
08/01/2020 - - 9,322.50 9,322.50 -
02/01/2021 730,000.00 1.450% 9,322.50 739,322.50 748,645.00
08/01/2021 - - 4,030.00 4,030.00 -
02/01/2022 520,000.00 1.550% 4,030.00 524,030.00 528,060.00
Total $5,580,000.00 - $350,304.63 $5,930,304.63 -
Yield Statistics
Bond Year Dollars $30,350.50
Average Life 5.439 Years
Average Coupon 1.1541972%
Net Interest Cost(NIC) 1.2920862%
True Interest Cost(TIC) __ 1.2940100%
Bond Yield for Arbitrage Purposes _ 1.1504116%
All Inclusive Cost(AIC) 1.4586876%
IRS Form 8038
Net Interest Cost 1.1541972%
Weighted Average Maturity 5.439 Years
Proposed 2012CRO6AXRSer05 I Issue Summary I 11/152012 I 4:20 PM
8 EHLERS
LEADERS IN PUBLIC FINANCE
Farmington, MN
$5,580,000 General Obligation Refunding Bonds, Series 2013A
Current Refund Series 2006A&Crossover Refund Series 2005B
"AA" B.Q. Market Rates+10bps- 1st Prin 2/1/2015-Wrap @ Assessments
Debt Service Comparison
Const Loan
Date Total PO Pmt Existing D/S Net New D/S Old Net D/S Savings
02/01/2013 - - - (4,656.08) - 4,656.08
02/01/2014 59,864.63 (1,449,967.48) 1,494,552.42 104,449.57 598,085.12 493,635.55
02/01/2015 776,565.00 - - 776,565.00 775,177.70 (1,387.30)
02/01/2016 772,605.00 - - 772,605.00 773,202.70 597.70
02/01/2017 767,925.00 - - 767,925.00 780,052.70 12,127.70
02/01/2018 762,525.00 - - 762,525.00 790,545.20 28,020.20
02/01/2019 761,045.00 - - 761,045.00 784,227.70 23,182.70
02/01/2020 753,070.00 - - 753,070.00 791,762.70 38,692.70
02/01/2021 748,645.00 - - 748,645.00 792,642.50 43,997.50
02/01/2022 528,060.00 - - 528,060.00 547,050.00 18,990.00
Total $5,930,304.63 (1,449,967.48) $1,494,552.42 $5,970,233.49 $6,632,746.32 $662,512.83
PV Analysis Summary(Net to Net)
Gross PV Debt Service Savings 641,590.49
Net PV Cashflow Savings @ 1.150%(Bond Yield) 641,590.49
Contingency or Rounding Amount. 4,656.08
Net Present Value Benefit $646,246.57
Net PV Benefit/$6,206,758.75 PV Refunded Debt Service 10.412%
Net PV Benefit/ $5,460,000 Refunded Principal... 11.836%
Net PV Benefit/ $5,580,000 Refunding Principal.. 11.581%
Refunding Bond Information
Refunding Dated Date 1/10/2013
Refunding Delivery Date 1/10/2013
Proposed 2012CR05AXRSer05 I Issue Summary I 11/152012 1 4:20 PM
0 EHLERS
LEADERS IN PUBLIC FINANCE
Farmington, MN
$5,580,000 General Obligation Refunding Bonds, Series 2013A
Current Refund Series 2006A&Crossover Refund Series 2005B
"AA" B.Q. Market Rates+10bps- 1st Prin 2/1/2015-Wrap @ Assessments
Current Refunding Escrow
Cash
Date Principal Rate Interest Receipts Disbursements Balance
01/10/2013 - - - 0.92 - 0.92
03/01/2013 4,038,627.00 - - 4,038,627.00 4,038,627.73 0.19
08/01/2013 6,520.00 0.150% 1,376.58 7,896.58 7,896.23 0.54
02/01/2014 1,440,846.00 0.170% 1,224.71 1,442,070.71 1,442,071.25 -
Total $5,485,993.00 - $2,601.29 $5,488,595.21 $5,488,595.21 -
Investment Parameters
Investment Model[PV,GIC,or Securities] Securities
Default investment yield target Unrestricted
Cash Deposit 0.92
Cost of Investments Purchased with Bond Proceeds 5,485,993.00
Total Cost of Investments $5,485,993.92
Target Cost of Investments at bond yield $5,464,585.69
Actual positive or(negative)arbitrage (21,40823)
Yield to Receipt 0.1238097%
Yield for Arbitrage Purposes 1.1504116%
State and Local Government Series(SLGS)rates for 11/07/2012
Proposed 2012CR06AXRSer05 I Issue Summary I 11/15/2012 I 4:56 PM
EHLERS
LEADERS IN PUBLIC FINANCE
Farmington, MN
$5,580,000 General Obligation Refunding Bonds, Series 2013A
Current Refund Series 2006A&Crossover Refund Series 2005B
"AA" B.Q. Market Rates+10bps-1st Prin 2/1/2015-Wrap @ Assessments
Debt Service Schedule
Date Principal Coupon Interest Total P+1 105%of Total Assessments Levy/(Surplus)
02/01/2013 - - - - - - -
02/01/2014 - - 59,864.63 59,864.63 62,857.86 109,896.02 (47,038.16)
02/01/2015 720,000.00 0.550% 56,565.00 776,565.00 815,393.25 105,948.76 709,444.49
02/01/2016 720,000.00 0.650% 52,605.00 772,605.00 811,235.25 101,998.96 709,236.29
02/01/2017 720,000.00 0.750% 47,925.00 767,925.00 806,321.25 98,051.32 708,269.93
02/01/2018 720,000.00 0.900% 42,525.00 762,525.00 800,651.25 93,287.00 707,364.25
02/01/2019 725,000.00 1.100% 36,045.00 761,045.00 799,097.25 89,380.00 709,717.25
02/01/2020 725,000.00 1.300% 28,070.00 753,070.00 790,723.50 85,471.53 705,251.97
02/01/2021 730,000.00 1.450% 18,645.00 748,645.00 786,077.25 81,572.43 704,504.82
02/01/2022 520,000.00 1.550% 8,060.00 528,060.00 554,463.00 64,150.66 490,312.34
Total $5,580,000.00 - $350,304.63 $5,930,304.63 $6,226,819.86 $829,756.68 $5,397,063.18
Significant Dates
Dated 1/10/2013
First Coupon Date 8/01/2013
Yield Statistics
Bond Year Dollars $30,350.50
Average Life 5.439 Years
Average Coupon 1.1541972%
Net Interest Cost(NIC) 1.2920862%
True Interest Cost(TIC) 1.2940100%
Bond Yield for Arbitrage Purposes 1.1504116%
All Inclusive Cost(AIC) 1.4586876%
Proposed 2012CR06AXRSer05 I Issue Summary I 11/15/2012 I 4:20 PM
0 EHLERS
LEADERS IN PUBLIC FINANCE
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Resolution No. R51-12
Resolution Providing for the Sale of
$5,565,000 General Obligation Improvement Refunding Bonds,
Series 2013A
A. WHEREAS,the City Council of the City of Farmington,Minnesota,has heretofore determined that it
is necessary and expedient to issue the City's $5,565,000 General Obligation Improvement Refunding
Bonds, Series 2013A(the "Bonds"),to refund the callable maturities of the City's General Obligation
Improvement Bonds, Series 2005B in a crossover refunding and the City's General Obligation
Improvement Bonds, Series 2006A, in a current refunding;and
B. WHEREAS,the City has retained Ehlers&Associates, Inc., in Roseville,Minnesota("Ehlers"),as its
independent fmancial advisor for the Bonds and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, as
follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale
of the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:00 pm on December 17, 2012, for the
purpose of considering sealed proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was moved by Fogarty duly seconded by
Bartholomay and, after full discussion thereof and upon a vote being taken thereon,the following Council
Members voted in favor thereof: Larson,Bartholomay,Donnelly,Fogarty,May.
and the following voted against the same: None
Whereupon said resolution was declared duly passed and adopted.
Dated this 19th day of November,2012.
City Clerk
/o/
1'�o�111, �► City of Farmington
o 430 Third Street
Farmington,Minnesota
651.280.6800•Fax 6510.6899
a•"A a ww ci.larrningtim inn
TO: Mayor, Council Members, and City Administrator
FROM: Robin Hanson, Finance Director
SUBJECT: Public Hearing Request For the Refinancing of A Project by St.Francis Health
Services of Morris, Inc..
DATE: November 19, 2012
INTRODUCTION
In 2010 St. Francis Health Service of Morris Inc. obtained taxable fmancing, a portion of which
was used for capital improvements, including fire safety and energy improvements, HVAC
improvements and network upgrades at Farmington Health Center, a 65-bed skilled nursing
facility located at 3410—213th Street West, Farmington, MN.
DISCUSSION
St.Francis Health System(SFHS)plans to complete a$10 million tax-exempt refinancing of
several notes. This$10 million bond issue will be issued by the City of Morris(host issuer)and
involves amounts which were primarily spent on SFHS campuses in Morris and Duluth. A small
amount was spent in Farmington, MN(less than a million)and for that reason they are obliged to
hold a public hearing and ask the City to participate under a joint power's agreement.
Since a portion of the project is located in Farmington the City has been asked to schedule a
public hearing on the proposal to undertake and finance the Project. St.Francis Health System
will pay any and all costs incurred by the City in connection with the Project and the issuance of
the Obligations, whether or not the Project is carried to completion, or the Obligations are issued.
A draft of the resolution and public hearing noticed are attached.
After the public hearing on December 17, 2012 Council will be asked to sign a joint powers
agreement to cooperate with the City of Morris as the host issuer.
BUDGET IMPACT:
No direct budget impact.
125
ACTION REQUESTED:
Approve the attached resolution calling for a public hearing on December 17, 2012.
Respectfully submitted,
Robin Hanson
Finance Director
126
RESOLUTION NO. R52-12
RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROJECT BY ST.
FRANCIS HEALTH SERVICES OF MORRIS,INC.
BE IT RESOLVED, by the City Council of the City of Farmington, Minnesota, Dakota County,
Minnesota(the"City"),as follows:
1. Authority. Fryberger, Buchanan, Smith & Frederick, P.A., bond counsel ("Bond
Counsel") has advised the City that Minnesota Statutes, Sections 469.152 through
469.165, as amended (the "Act"), authorizes a city to issue revenue obligations to
refmance indebtedness incurred by an organization engaged in providing health care
related activities and social services.
2. The Project. Representatives of St. Francis Health Services of Morris, Inc. (the
"Borrower") have represented to the City that Borrower is a Minnesota nonprofit
corporation and organization described in Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended, engaged in providing health care services. Representatives of the
Borrower have further advised the City that Borrower desires to refmance taxable
indebtedness incurred in 2010 for capital improvements, including fire safety and energy
improvements, HVAC improvements and network upgrades at Farmington Health
Center, a 65-bed skilled nursing facility located at 3410 — 213th Street West in the City
(the"Project") and pay costs associated with the refmancing.
3. Financing; Joint Powers Agreement.
a. The Borrower desires to finance the Project through the issuance of tax-exempt
revenue obligations (the"Obligations")by the City of Morris (the"Issuer").
b. The Borrower has further requested that the Issuer and the City cooperate,
through a joint powers agreement, to finance the Project through the issuance of
the Obligations by the Issuer pursuant to the Act.
4. Public Hearing.
a. As the Project is located within the City, the City will conduct a public hearing on
the proposal to undertake and finance the Project.
b. Bond Counsel is authorized and directed to cause the notice substantially in the
form attached hereto as Exhibit A, to be published in the official newspaper of the
City and a newspaper of general circulation in the City not less than 14 days nor
more than 30 days prior to the date set for the public hearing; provided that if the
official newspaper of the City is a newspaper of general circulation in the City,
the notice may be published only once.
5. City Costs. The Borrower has agreed that it will pay or, upon demand, reimburse the
City for payment of, any and all costs incurred by the City in connection with the Project
and the issuance of the Obligations,whether or not the Project is carried to completion, or
the Obligations are issued.
6. Rights Reserved. Nothing in this resolution shall be construed as an indication of an
intent to approve this Project and issuance of the proposed obligations by the Issuer. The
Council specifically reserves the right to approve or disapprove the request after said
public hearing.
Adopted:November 19, 2012.
Mayor
Attested to the a9444 day of November 2012.
• 'strator
2
EXHIBIT A
NOTICE OF PUBLIC HEARING
ON PROPOSED PROJECT AND THE ISSUANCE OF PRIVATE ACTIVITY BONDS
CITY OF FARMINGTON,MINNESOTA
Notice is hereby given that the City Council of City of Farmington, Minnesota (the "City") will
meet on Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as reasonably possible
in the City Hall, 430 Third Street, Farmington, Minnesota, for the purpose of conducting a public
hearing to consider giving host approval to the issuance by the City of Morris (the "Issuer") of
revenue obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through
469.165 (the "Act"), in order to refinance the cost of a project located in the City. The project
will consist of refinancing debt incurred to fund capital projects at Farmington Health Center, a
65-bed skilled nursing facility located at 3410 — 213th Street West in the City and paying a
portion of the costs associated with the financing. The financing will be combined with
financing for projects in Morris and Duluth, Minnesota, in the maximum aggregate amount for
all projects of$10,000,000, all on behalf of the owner, St. Francis Health Services of Morris,
Inc., a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended. The obligations and interest thereon shall not be
payable from nor charged against any funds of the City other than revenue pledged for the
payment thereof, nor shall the City be subject to any liability thereon. No holders of the
obligations shall ever have the right to compel any exercise of the taxing power of the City to
pay the obligations or the interest thereon, nor to enforce payment against any property of the
City. Such obligations shall not constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the City,nor shall the same constitute a debt of the City within the meaning
of any constitutional or statutory limitations.
A draft copy of the proposed Application to the Minnesota Department of Employment and
Economic Development for approval of the project, together with all attachments and exhibits
thereto, is available for public inspection at the office of the Administrator at 430 Third Street,
Farmington, Minnesota, between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday,
except legal holidays.
All persons interested may appear and be heard at the time and place set forth above or may
submit written comments to the Administrator in advance of the hearing.
EXTRACT OF MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE
CITY OF FARMINGTON,MINNESOTA
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was duly called and held at the City Hall located at 430 Third Street,
Farmington, Minnesota, on Monday,November 19,2012, at 7:00 p.m.
The following members were present: Larson,Bartholomay, Donnelly, Fogarty,May
and the following members were absent: None
MOTION: Member Fogarty moved to adopt Resolution No. R52-12, entitled "Resolution
Calling for a Public Hearing on a Project by St. Francis Health Services of Morris,
Inc.,"the reading of which had been dispensed with by unanimous consent.
SECOND: Member Donnelly
RESULT: On a roll call vote the motion was carried.
Ayes: 5
Nays: 0
Not Voting: 0
Absent: 0
M.1 DOCS1097361000009IROUSW8705.DOCX
o��A /yam City of Farmington
4 h 430 Third Street
; Farmington,Minnesota
651.280.6800.Fax 651.280.6899
www.ci.farmington.mn.us
TO: Mayor and City Council Members
FROM: David J.McKnight,City Administrator
SUBJECT: Closed Session-AFSCME Union Negotiations
DATE: November 19,2012
INTRODUCTION •
The City is currently in negotiations with our two AFSCME bargaining units for the contracts
that are set to expire on December 31,2012.
DISCUSSION
Minnesota Statute 13D allows a very limited number of topics that the City Council can go into
to closed session to discuss. Labor negotiations are one of the items permitted to be discussed in
a closed session.
BUDGET IMPACT
None.
ACTION REQUESTED
A motion should be made to go into closed session as allowed by state statute to discuss labor
negotiations as they pertain to the AFSCME union contracts.
Respectfully submitted,
David J.McKnight
City Administrator
131