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HomeMy WebLinkAbout12.03.12 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 DECEMBER 3, 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) Recognition of Service—Commissioner Joe Harris Recognized 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 (11/19/12 Regular) Approved b) Approve Various 2013 License Renewals -Administration Approved c) Approve Sale of 431 Third Street-Administration Approved d) Approve Advertisement to Lease Land in Jim Bell Park and Preserve for Farm Purposes—Parks and Recreation Approved e) Adopt Resolution—Accept Donation to Skate with Santa Event—Parks and Recreation R53-12 0 Adopt Resolution—Accept Donation to Rambling River Center—Parks and Recreation R54-12 g) School and Conference -Engineering Approved h) Approve Fire Act Grant Program—Fire Department Approved i) Adopt Resolution—Approve Revised Master Subscriber Agreement and FAST Access Amendment—City Attorney R55-12 j) 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 a) Approve Various 2013 License Renewals -Administration Approved 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution—Approve 2013 Tax Levy and Budget-Administration Amend budget to 0% levy increase 12. NEW BUSINESS a) 2013 Inflow and Infiltration Grant-Engineering Approved 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda 2 Approve Council Minutes (11/19/12 Regular) Minutes 4 Approve Various 2013 License Renewals Memo 13 Approve Sale of 431 Third Street Memo 15 Approving Advertisement to Lease Land in the Jim Bell Park and Preserve for Farm Purposes memo 28 exhibit A 29 Adopt Resolution Accept Donation to the Skate with Santa Event memo 30 resolution 31 Adopt Resolution Accept Donation to the Rambling River Center memo 32 resolution 33 School and Conference ET Recertification 120312 34 Approve Fire Act Grant Program Memo 35 Adopt Resolution -Approve Revised Master Subscriber Agreement and FAST Access Amendment Memo 36 Agreement 38 Approve Bills Bills 60 Approve Various 2013 License Renewals Memo 80 Adopt Resolution -Approve 2013 Tax Levy and Budget Memo 82 2013 Inflow and Infiltration Grant 2013 l&I Grant 120312 118 1 t z n �\ o c O N to tit, O rt O b 'Z' Pt i % % N4‘ t 'S. � ` ^^ I ` �w N O N H‘ ,i4,. % oya d CO as "1 a t N\ Nk‘ Y fr'il 42 % '7: A O�� uTURE N Zcz COUNCIL MINUTES REGULAR November 19, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE 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;Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer;Tony Wippler,Assistant City Planner;Cynthia Muller,Executive Assistant Audience: Jim and Tobe Bell, Mark and Amy Pellicci, Julie McKnight, Randy Oswald, Pam and Vern Schoolmeester 4. APPROVE AGENDA City Administrator McKnight added item 14b) Consider Offer for 431 Third Street MOTION by Fogarty, second by May to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce Blair Peterson—Liquor Operations Manager City Administrator McKnight introduced Blair Peterson as the new Liquor Operations Manager. b) 360 Communities—Sal Mondelli Mr. Sal Mondelli gave a presentation on 360 Communities and the services they offer. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Donnelly to approve the Consent Agenda as follows: a) Approved Council Minutes(10/15/12 Regular)(11/5/12 Workshop)(11/9/12 Special) b) Adopted RESOLUTION R43-12 Approving Gambling Event Permit Southern Dakota County Sportsman Club-Administration c) Adopted RESOLUTION R44-12 Accepting Donation from Mike and Sara Rausch—Fire Department 4 Council Minutes(Regular) November 19,2012 Page 2 d) Adopted RESOLUTION R45-12 Accepting Donation from Robert and Bonnie Howard—Fire Department e) Adopted RESOLUTION R46-12 Accepting Tree Donation from Kristen Goedert —Parks and Recreation 1) Adopted RESOLUTION R47-12 Approving Submittal of Application for Landfill Abatement Funds from Dakota County—Municipal Services g) Approved Replacement of Existing Credit Card Program-Finance h) Approved Updated Schedule of 2012 Interfund Transfers-Finance i) Approved Early Redemption of Remaining Series 2004D Bonds-Finance j) Approved Early Redemption of Remaining Series 2005A Bonds-Finance k) Approved Telephone Service Contract—Human Resources 1) Approved School and Conference—Building Inspections m) Approved Request from Yellow Ribbon Committee to Waive Rambling River Center Rental Fee—Parks and Recreation n) Approved Settlement Agreement—City Attorney o) Approved Bills APIF,MOTION CARRIED. 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 The Parks and Recreation Commission and staff recommended naming the park and open space areas that are contiguous in the Autumn Glen,Fairhill and Meadow Creek Third Addition Developments, as Jim Bell Park and Preserve. This area is 135 acres in size. They felt this was appropriate because of Mr. Bell's 27 years of service as Farmington's first Parks and Recreation Director. Staff recommended purchasing five entrance signs in the amount of$13,840 which will come from the 2013 park improvement fund. Mr.Bell was honored and humbled and thanked Council,the Parks and Recreation Commission and staff. Councilmember May was in favor of the honor. Her concern was with the sign cost as funds are limited. She suggested getting a couple of signs now and purchase the rest later as the area develops. Parks and Recreation Director Distad explained they have identified five entrances to the park. The signs along 195th Street could be combined for now. Councilmember Fogarty thanked Mr.Bell for everything he has done for this area. It is incredibly appropriate that the man who worked so hard to get a great 5 Council Minutes(Regular) November 19,2012 Page 3 trail system is now having an area with a great network of trails, named in his honor. Councilmember Donnelly stated it is a well-deserved honor and thanked Mr. Bell for his service. Mayor Larson stated the parks system would look nothing like it does now without Mr.Bell's vision. Recently a survey was done and what people wanted the most was to keep up the trail system and have the necessary connections. Residents comment how nice the trail system is and allows them to get anywhere. As far as the signs, he will take the recommendation from the Park and Rec Commission. We appointed them to make recommendations. If they feel five signs are necessary and can justify spending the money,he was fine with that. Councilmember Fogarty noted three of the entrances are trailheads. Councilmember Bartholomay agreed with getting all the signs now and doing justice to Mr.Bell to have the park look nice. MOTION by Fogarty, second by Donnelly to approve naming the park and open space area identified as Jim Bell Park and Preserve based on the unanimous recommendation made by the Park and Rec Commission and to approve the purchase of five park entrance signs in 2013 from the Park Improvement Fund. Voting for: Larson, Bartholomay,Donnelly, Fogarty. Voting against: May. MOTION CARRIED. b) Adopt Resolution—Approving the 2030 Comprehensive Plan 2011 Amendment and Adopt Ordinance Amending Section 10-5-1 of the City Code Adopting a New Official Zoning Map-Planning Council approved the 2011 Comp Plan Amendment in July 2012. The Met Council did not require any modifications to the plan. Most of the changes deal with population, census data, and household information. The maps and text regarding ag preserve have been updated. A number of properties re-enrolled in the ag preserve program. The 2009 Transportation Study has been included as well as added language regarding the construction of the 195th Street extension. The sustainability chapter is now included in the comp plan. The economic development chapter was revised to include the economic development strategic • plan. There are two land use issues with this amendment. The first deals with eight fringe properties along Elm and First Streets, and Fourth and Oak Streets. These have been revised from a commercial designation to low-medium density residential. The second deals with 25 acres at the northeast intersection of CR50 and Flagstaff Avenue. This has been revised from agricultural to industrial and MUSA will be granted to that area if approved. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R48-12 adopting the 2030 Comprehensive Plan 2011 Amendment and adopt ORDINANCE 012-653 amending Section 10- 5-1 of the City Code adopting a new official zoning map. APIF,MOTION CARRIED. 6 Council Minutes(Regular) November 19,2012 Page 4 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 PUD—Planning Last year the Planning Commission approved a CUP for a ten unit group home for memory care at the Trinity Campus on 213th Street. The PUD removes the requirement of having one principal structure on a single platted lot and allows development of a master plan for future development. Staff recommended rezoning the property from R-5 high density residential to R-5 PUD. The master plan includes the Trinity Care Center,Trinity Suites for memory care, Trinity Terrace for assisted and independent living, and a partially abandoned hospital. The plan contains an additional ten bed group home for memory care, demolition of the remaining hospital and construction of a utility addition to the existing skilled nursing care center, and construction of two additional senior living facilities where the old hospital once stood. Councilmember May noted there is a provision requiring a recordation plan and asked for an explanation and the purpose of that. Assistant City Planner Wippler explained that request came from the Heritage Preservation Commission. While demolition is best for the condition of the hospital, they requested a written history of the building and to also provide plans of the building. Councilmember May did not think it served any purpose and would like to leave that out. Councilmember Fogarty was extremely excited Trinity is continuing to expand. It is nice to know our residents can continue to stay in their community. Mayor Larson asked if the drive from Elm Street to Ace Hardware will remain. Staff noted in the long term plans it may not. Mayor Larson stated as hwy 3 gets busier it may be important to use the signal light. In future site reviews, he wanted staff to think long term. We have lost some crossings we could have utilized lights for and we regret it. If there is a way to work that out,we should look at it. Exiting that area at the signal light is much safer. Councilmember Bartholomay was fine with leaving the recordation requirement out. Councilmember Fogarty was comfortable with leaving it as a recommendation rather than a requirement. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R49-12 approving the PUD Master Plan and Authorizing the Singing of the Master PUD Agreement, changing the recordation language to a recommendation rather than a requirement, and adopt ORDINANCE 012-654 rezoning the property from R-5 high-density residential to R-5 PUD. APIF,MOTION CARRIED. d) Adopt Ordinance—Modifying Billing Requirements for Utility Billing- Finance Currently the City invoices for utility services quarterly. With rental properties, in most cases the tenant is invoiced and the owner is provided with a copy of the 7 Council Minutes(Regular) November 19,2012 Page 5 bill. Staff spends a significant amount of time updating records and billings for tenant changes. In addition, public works staff has to obtain final readings and solid waste staff has to change out garbage containers. If the City is not advised of a change in tenants,then the City's ability to collect is limited. Finance staff fields a high number of calls from owners inquiring if tenants have paid the bill. Staff has learned the City could make the property owner the billing owner of record. We have 6,371 utility accounts, of that 456 are rental accounts. Of the accounts certified this fall, 14%were rental. One staff person spends 30%of their time managing just rental accounts. Finance Director Hanson recommended an ordinance amendment which would make property owners responsible for tenant charges to ensure timely payment and reduce the amount of staff time spent on the accounts. The City would invoice the property owner,who would be responsible for payment. The owner would have to collect from the tenants. Over the last several months, staff has mentioned this possible change to owners, and only one complaint has been received. Councilmember May was not happy with this change. She owns several rental properties and it is not an easy business. She does have the properties in her name for simplicity, but no one is telling her she has to do that. With the elimination of the market value homestead credit,the non-homestead properties are paying a larger portion of the taxes because they no longer get the exclusion like homesteaded properties. The non-homesteaded properties are paying a higher proportion of taxes against the value of the homes. If it wasn't for the investment owners,we would have a lot more vacant homes in the community. She understood the transient population may be more difficult to collect from, but if you want to be in the garbage business and collect a street light utility fee, part of that is collecting the money. The City will get paid, because the homeowner will eventually get the bill. If that individual property owner does not want the bill in their name,that is the choice they make. If someone owns a lot of properties that could be a large bill to pay and then collect. This says staff wants to take the easiest route. We talk about wanting to be open to businesses and investment property owners are small business owners in our community. They are already paying a higher tax, our fees are going up, and now we are going to tell them how to run their business. It is not a very welcoming ordinance to put out there at this time. Finance Director Hanson stated several cities have changed to this recently due to the time demands. Councilmember May questioned if those communities also had garbage service. It is a cash flow issue. She would not recommend this. We want investment owners to buy up properties. We have a high foreclosure rate and this is not good timing. Councilmember Bartholomay suggested staff look at how Hastings handles collections as they shut off service. Finance Director Hanson stated that was past practice,but due to potential legal issues,that was changed and it was also extremely time consuming. 8 Council Minutes(Regular) November 19,2012 Page 6 City Attorney Jamnik stated many cities did have shut off policies, but you have the cold weather rule. You also have to implement a payment plan mechanism and that eats up a lot of staff time. The certification through the county system works as a payment plan. That is a separate issue from whether or not to bill the property owner. The certification treats everyone the same. The courts have said we cannot hold a new tenant responsible for a past tenant's bills. It falls to the landlord. Councilmember Fogarty felt this would also help the cash flow. Staff agreed there would be fewer delinquent accounts. Councilmember May stated you are already certifying sooner than in the past. Councilmember Fogarty stated ultimately the property owner is responsible. In some cases there is lack of communication to the property owner until it is too late. She had no problem with this if it makes things more streamlined. Councilmember Donnelly understood there is no burden to the landlord, but it should be a wash with the tenant as it will cost them the same. The landlord would put the utility costs in the rent. Councilmember May stated the utility amount fluctuates depending on the number of people in the house and the size garbage they need. There was a comment made that it would be easier for staff. We are here to represent the taxpayer and these investment property owners are taxpayers. They are paying a bigger portion of the tax since last year. We are taking away some of their rights by telling them how they need to run their business. Councilmember Fogarty was not talking about it being easier for staff. She was talking about taxpayer dollars that pay staff and utilizing their time better is protecting the taxpayer. Councilmember May stated the investment property owners are paying a bigger portion of the taxes now. We already made the change we are going to certify the delinquent bills sooner than we have in the past, so let's let that sink in first. Finance Director Hanson stated there are many aspects to utility billing. We need to make sure we address all customers' needs in a timely manner and that gets difficult because it takes up a larger share of time. It is a matter of looking at how we are spending utility billing staff time and how we are addressing those needs. Councilmember Donnelly asked how this would be implemented. Will it start January 1, or phased in, and there are lease contracts. Finance Director Hanson stated it would be effective January 1,but would be implemented with the quarterly billing cycles. The next step if approved, would be to draft a letter to owners and tenants about the change. The first week of January we would have to get meter readings, close out tenant accounts and put them in the owner's name. Councilmember May felt it would be a nice gesture to send out the letters saying Council is considering this, instead of saying this is the way it will be. These are small business owners. If you are going to consider this, at least give the owners a chance to review what you are proposing and give them a chance to come to 9 Council Minutes(Regular) November 19,2012 Page 7 Council to see how they feel. We have to be business friendly and let them know what we are proposing because this does have an affect on cash flow. There are some that own a lot of properties and this is a big deal. Councilmember Donnelly stated they would have 1.5 months notice before the end of the year. They would have to change their lease contracts. Finance Director Hanson stated they have a sample letter with a particular date to go forward. Councilmember Donnelly had a concern that a public hearing wasn't required to receive comments. City Administrator McKnight proposed sending out letters to the property owners in January/February that we will be accepting public comments on a certain date, and then Council can make a decision. MOTION by Fogarty, second by Bartholomay to table a decision to a date to be determined by the City Administrator to hear public comment after letters are sent. APIF,MOTION CARRIED. e) September and October 2012 Financial Report-Finance Through the end of October revenues and expenses should be at 83%of budget. The general fund revenues total 57%of budget because second half property taxes will be received until December. Expenditures total 79%of budget. Finance Director Hanson reviewed various funds and budgets. At the end of October the fund balance is positive at$9,724. A year ago at this time the ending fund balance was$99,196. I) Adopt Resolution—Approve Debt Post-Issuance Compliance Policy- Finance Each time a tax-exempt bond issue is sold,the City is required to file an IRS form. This form has been modified to indicate whether a debt post-issuance compliance policy is in place. This is being required since the City's last bond issue. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R50-12 approving the Post Issuance Debt Compliance Policy. APIF,MOTION CARRIED. g) Adopt Resolution—Authorizing 2013A Bond Sale to Refund 2005B and 2006A Bonds-Finance The City has an opportunity to refund the 2005B and 2006A bonds. The 2005B bonds were issued to finance the Ash Street project and the 2006 bonds were for the Spruce Street extension and Hill Dee projects. Refunding the 2005B bonds now will cost $18,000. If we were to wait until next year, it would cost between $40,000 -$50,000. In conjunction with refinancing,we also have an opportunity to look at the structure of principal and interest payments. The first principal payment has been changed from February 1, 2014,to February 1, 2015. This will allow us to levy in one year, collect taxes the following year and pay the principal the year after that. Staff also incorporated the remaining special assessments that are outstanding into this structure. The principal payments have changed, but the final maturity date did not change. This is an estimated savings of$660,000. The final interest rate and savings will not be known until the sale occurs in December. The proposed refmancing will reduce the City's interest costs,the 10 Council Minutes(Regular) November 19,2012 Page 8 costs of issuance, and restore the timing of cash receipts and payments and will strengthen the City's overall cash flow. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R51-12 providing for the sale of $5,565,000 General Obligation Improvement Refunding Bonds, Series 2013A which replaces General Obligation Improvement Bonds 2005B and 2006A. APIF,MOTION CARRIED. h) Set Public Hearing—Refinancing of a Project by St. Francis Health Services of Morris,Inc.-Finance St. Francis Health Services of Morris obtained some taxable financing over the last couple years,which was used to make improvements at the Trinity Campus. They would like to refinance$10 million of the taxable financing with tax exempt bonds. Because the City's project is included in the refinancing we need to provide an opportunity for a public hearing even though the improvements have been made and completed. Staff requested a public hearing be held on December 17, 2012. There will also be a joint powers agreement at that time. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R52-12 calling for a public hearing on December 17, 2012. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Donnelly: Wished everyone a Happy Thanksgiving. Councilmember Fogarty: Congratulated Councilmember Donnelly, Mayor Larson and Councilmember-elect Doug Bonar on winning the election. Winter parking restrictions are in effect. There are several events throughout the community to raise money for Toys for Town. Drop boxes are everywhere. She encouraged members to attend the LMC conference for elected officials. Councilmember Bartholomay: Congratulations to Mayor Larson and Councilmember Donnelly on their re-election and to Councilmember-elect Doug Bonar. He has also attended the LMC conferences for elected officials and they are very helpful. Councilmember May: Happy Thanksgiving Mayor Larson: Encouraged residents to shop local and support our businesses. Shop local logos have been placed throughout town. The liquor stores are open this holiday week from 10:00 a.m.— 10:00 p.m. There is also a coupon in the City calendar. 11 Council Minutes(Regular) November 19,2012 Page 9 14. EXECUTIVE SESSION a) AFSCME Union Negotiations b) Consider Purchase Offer for 431 Third Street Council recessed into executive session for labor negotiations discussion and a consideration of an offer to purchase City property. No official action will be taken. The sale of the property will be ratified at a public meeting. Council recessed at 8:35 p.m.and the Executive Session started at 8:40 p.m. Present: Larson, Bartholomay, Donnelly, Fogarty, May, Councilmember- elect Bonar Joel Jamnik, City Attorney;David McKnight, City Administrator; Janie Tutewohl(for property discussion only) 14. ADJOURN Meeting adjourned at 9:20 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 7Z. 7,07046 City of Farmington 430 Third Street ! Farmington,Minnesota nose" 651,280.6400•Fax 651 280.6899 � �A wwwci.tarmmgt+m.mnLts TO: Mayor, Councilmembers, City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Various Licenses and Permit Renewals DATE: December 3, 2012 INTRODUCTION/DISCUSSION Per City Code the City Council has the authority to approve On-Sale and Off-Sale Beer Licenses, Cigarette Licenses, Billiards Licenses and Gaming Device Licenses. The following establishments have submitted their applications for renewal: Beer On-Sale- Fountain Valley Golf Course, 2830 220th Street West Pilot Knob Pizzeria, 18500 Pilot Knob Road Farmington Billiards, 933 8th Street Dunn Bros Coffee, 20700 Chippendale W B &B Pizza, 216 Elm Street Weng's Kitchen, 115 Elm Street Beer Off-Sale- Kwik Trip, 217 Elm Street Kwik Trip, 18290 Pilot Knob Road Fountain Valley Golf Course, 2830 220th Street West SuperAmerica#4534, 18520 Pilot Knob Road Cigarette License- Farmington Municipal Liquor Store, 18350 Pilot Knob Road Farmington Municipal Liquor Store, 109 Elm Street Farmington Amcon, 957 8th Street Kwik Trip#693, 217 Elm Street Kwik Trip#443, 18290 Pilot Knob Road Family Fresh Market, 115 Elm Street SuperAmerica, 18520 Pilot Knob Road Tailgators Sports Bar&Grill, 10 North 8th Street CVS Pharmacy#241, 19605 Pilot Knob Road Billiards License- Farmington Billiards, 933 8th Street 13 Gaming Device License- Farmington Lanes, 27 5th Street B &B Pizza, 216 Elm Street Farmington Billiards, 933 8th Street The appropriate forms, fees and insurance information have been submitted with the applications. The applications have also been reviewed and approved by the Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2013 budget. ACTION REQUESTED Approve licenses for the above mentioned applicants. Respectfully submitted, Cynthia Muller Executive Assistant 14 iArtit City of Farmington NINA. ft 430 Third Street Farmington,Minnesota 2`a,4;r a 651.280.6800•Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and City Council FROM: David J.McKnight,City Administrator SUBJECT: Sale of 431 Third Street Building DATE: December 3,2012 INTRODUCTION The City of Farmington has owned the building located at 431 Third Street for over 25 years. Since the Rambling River Center moved out of the building in 2009 the building has remained empty and we have been trying to sell the property. DISCUSSION The City Council entered into a realtor agreement with Janie Tutewohl of Keller Williams Realty earlier this fall. After an aggressive month of showing the building we have received an offer. _ Sackett Properties has made an offer of$90,000 with the contingency that parking on the south side of the building on Spruce Street can be changed to diagonal parking at the new owners cost if they so wish. Ms.Tutewohl and I both recommend accepting this offer. BUDGET IMPACT, The funds from this sale, after realtor commission,will be approximately$85,000. Staff recommends repaying the general fund the cost of the building abatement and roof repair that was performed this fall. This is estimated to total$54,000. The council can determine the use or placement of the remaining$31,000 in sale revenue. ACTION REQUESTED If the City Council is comfortable with this offer,a motion should be made to approve the purchase agreement with Sackett Properties for the sale of 431 Third Street. In addition,the City Administrator is authorized to execute the purchase agreement and any other documents associated with the sale and closing of the property. Respectfully submitted, David J.McKnight City Administrator 15 '471 EARNEST MONEY RECEIPT KELLER WILLIAMS. This form approved by the Minnesota Association of REALTORSe, PREFERRED REALTY m which disciaims any liability arising out of use or misuse of this form. 02012 Minnesota Association of REALTORSe,Edina,MN 1. Date 11/8/2012 2. lime 11:44am 3. Buyer's licensee representing or assisting Buyer represents that he/she has in his/her possession earnest money In 4. the amount of$ 1,000.00 , check number soca 5. related to the property located at 6. 431 Third Street (mot) 7. • Farmington 55024 (City) (Zip) 8. Buyer's licensee representing or assisting Buyer will promptly deliver the earnest money to be deposited upon final 9. acceptance of the Purchase Agreement by all parties,on or before the third Business Day after Final Acceptance,in 10. the trust account of listing broker, unless otherwise agreed to in writing, but to be returned to Buyer If Purchase 11. Agreement is not accepted by Seller. 12. Buyer and Licensee Representing or Assisting Buyer information: 13, 8ACEETT PROPHRTTES, LLD (Buyer's Name(s)) • 14. JAMIE TUTEWOHL (Buyer's Licensee Representing orAsslstlng Buyer) MN:EMR(10112) norms 16 • r • SELLER'S DISCLOSURE ALTERNATIVES 4.571 Thlsform approved by the Minnesota Association of REALTORS®, . which disclaims any!lability arising out of use or misuse of this form. t $ 9 i ®2009 Minnesota Association of REALTORS,Edina,MN t'' f g: REF$ k D1 1 ' 7.ATY 11 1. Date 2. Page 1 of 4 pages 3. Property located at._42..1..._%444,--q" 4. City of_. ,County of Wtootta ,State of Minnesota. . 5. NOTICE e. Sellers of residential property,with limited exceptions,are obligated to satisfy the requirements of MN Statutes 513.52 7. through 513.60.To comply with the statute,Seller must provide either a written disclosure to the prospective 8. Buyer{see Seller's Property Disclosure Statement)or'satisfy one of the following two options: 9. (Select one option only.) 10. 1) ❑ QUALIFIED THIRD-PARTY INSPECTION: Seller shall provide to prospective Buyer a written report that 11. discloses material information relating to the real property that has been prepared by a qualified third party. • 12. °Qualified third party"means a federal,state or local governmental agency,or any person whom Seller or 13. prospective Buyer reasonably believes has the expertise necessary to meet the Industry standards of practice • 14. for the type of inspection or Investigation that has been conducted by the third party In order to prepare the 15. written report. 16. . Seller shall disclose to prospective Buyer material facts known by Seller that contradict any information 17. that Is Included in a written report,or material facts known by Seller that are not Included in the 18. report. 19. The inspection report was prepared by 20. 21, and dated. ,20 22. Seller discloses to Buyer the following material facts known by Seller that contradict any Information Included 23. In the above referenced inspection report. 24. 25. . 26. 27, 28. 29, Seller discloses to Buyer the following material facts known by Seiler that are not included In the above 30. referenced Inspection report. 31. . 32. 33. 34. 35, 36. 2) grWAiVER:The written disclosure required may be waived if Seller and prospective Buyer agree In writing.Seller 37. and Buyer hereby waive the written disclosure required under MN Statutes 513.52 through 613,60. 38. Waiver of the disclosure required under MN Statutes 513.52 through 513.60 does not waive,limit or 39. abridge any obligation for Seller disclosure created by any other law. 40. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN:SDA-1(8/09) WEBFotmsmtmet2009 17 Keller Williams Preferred ItI y SELLER'S DISCLOSURE ALTERNATIVES 41. Page 2 42. Property(coated at °� �;:3 Y1 43. OTHER REQUIRED DISCLOSURES: t �t 44. NOTE: in addition to electing one of the above alternatives to the metalled Tact disclosure, Minnesota law also 46, requires sellers to•c•v de tlt�er-disclosures to prospective buyer,such as those disclosures listed below. 46. Additionally,there m=r e titer required disclosures byfeder ,state,local or other governmental entities 47. that are not listed below. 14114 48. A. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 49. .disclosure is required by MN Statute 115.55,)(Check appropriate box) 60. Seller certifies that Seller❑DOES[ OES NOT know of a subsurface sewage treatment system on or serving --(0 51. the above-described real property. (If an (If a s nswer Is DOES, and the system does not require a state permit, see 52. Subsurface Sewage Treatment System Disclosure Statement.) 53. ❑ There is a subsurface sewage treatment system on or serving the above-described real properly. 64. (See Subsurface Sewage 17'eatrnent System Disclosure Statement) 66. ❑ There Is an abandoned subsurface sewage.treatment system on the above-described real property, 56, (See Subsurface Sewage Treatment System Disclosure Statement.) 67. B. ARWATE WELL. DISCLOSURE: (A well disclosure and Certificate are required by MN Statute 1031.235.) 68, (Check appropriate box) 69. [Seger certifies that Seller does not know of any wells on the above-described real property. 80. ❑ Seller certifies there are one or more wells located on the above-described real property. 61. (See Well Disclosure Statement.) 62. Are there any wells serving the above-described property that are not located on the property? ['Yes EI No 63. Contaminated Well:is there a well on or serving the property that contains contaminated water? Dyes ❑No 64. To your knowledge,Is the property in a Special Well Construction Area? Oyes ❑No 65. Comments: 86. C. VALUATION©CC-USION DISCLOSURE:(Required by MN Statute 273.11,Subd.16) 67. There❑IS IS NOT an exclusion from market value for home improvements on this property.Any valuation ---(Chadcmne.)--. 68. - exclusion shag terminate upon sale piths property,and the property's estimated market value for property tax purposes 69. shall Increase. If a valuation exclusion exists, Buyers are encouraged to look into the resulting tax 70. consequences. 71. Additional comments: 72, 73. 11 METHAMPHETAMINE PRODUCTION DISCLOSURE: 74. (A met mphetamine production disclosure Is required by MN Statute 152.0276,Subd,2(m).) 75. eller is not aware of any methamphetamine production that has occurred on the property. 76. ❑ Seller Is aware that methamphetamine production has occurred on the property. 77. (See Methamphetamine Production Disclosure Statement.) 78. E. NOTICE REGARDING AIRPORT ZONING REGULMONS:The property may be in or near an airport safety zone 79. with zoning regulations adopted by the governing body that may affect the property.Such zoning regulations are 80. filed with the county recorder in each county where the zoned area is located.If you would like to determine If such 81. zoning regulations affect the property,you should contact the county recorder where the zoned area is located. 82. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN:SDA-2(8/09) WEBFomts-1MAu912009 • 18 Keller Williams Preferred Rl y SELLER'S DISCLOSURE ALTERNATIVES 83. Page 3 84. Property looated at 86. F.4 As* WW1 { Buyer has had the opportunity to review page four(Of this Agreement. 86. G. NOTICE REGARDING CARBQN MONOXIDE DETECTORS: 87. MN Statute 299E51 requires'Carbon Monoxide Detectors to be boated within ten (10) feet from all sleeping 88. rooms.Carbon Monoxide Detectors may or may not be persoriAi;property and may or may not be included In the 89. sale of the home. 90. H. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 91. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 92.. may be obtained by contacting the local law enforcement offices in the community where the property is 93. located or the Minnesota Department of Corrections at(651)3617200,or from the Department of Corrections 94. web site at www.comstateann.us. 95. I. SELLER'S STATEMENT: 96. (To be signed at time of listing.) 97. Sellers)hereby authorizes any llcensee(s)representing or assisting any party(les)In this transaction to provide 98. a copy of this Disclosure to any person or entity in connection with any actual or anticipated sale of the property. 99. r 3 -t !-r?/Z ( a er) (Date) (Seller) (Date) ) 100. J. BUYER'S ACKNOWLEDGEMENT: 101. (To be signed at time of purchase agreement.) 102. i/We,the Buyer(s)of the property,acknowledge receipt of this SELLER'S DISCLOSURE ALTERNATIVES form 103. and agree to the seller's disclosure option selected In this form.I/We further agree that no representations regarding 104. material facts have been made,other than those made In this form. 105. / 60/C1O)\j h1 j$/1 . (Buy ° (Date) (Buyer) (Date) 106. K. ADDITIONAL DISCLOSURES: 107. • 108. 109. 110. L. SELLER'S ACKNOWLEDGEMENT: 111. (7b be signed at time of purchase agreement.) 112. AS OF THE DATE BELOW, Uwe,the Seller(s)of the property,state that the material facts are the same,except 113. for changes as Indicated below,which have been signed and dated. 114. 115. 116. 117, (Seller) (Dale) (seller) (Date) 118. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN:SDA 3 WOO WEBFamrs"Aug!2008 19 Keller Williams Preferred Rlty SELLER'S DISCLOSURE ALTERNATIVES 119. Page 4 120. M. OTHER 1NFORMATiO1 ,'°. to 121. WATER INTRUSION AND MOLD GROWTH: Recent studies have shown that various forms of water intrusion 122. affect many homes.Water intrusion may occur from exterior moisture entering the home and/or Interior moisture 123. leaving the home. 124. Examples of exterior moisture sources may be • 125. • Improper flashing around windows and doors, • 126. • improper grading, 127. • flooding, 128. • roof leaks. 129. Examples of interior moisture sources may be 130. • plumbing teaks, 131. • condensation(caused by indoor humidity that is too high or surfaces that are too cold), 132. • overflow from tubs,sinks or toilets, 133. • firewood stored Indoors, 134. • humidifier use, 135. • inadequate venting of kitchen and bath humidity, 136. • improper venting of clothes dryer exhaust outdoors(including electrical dryers), 137. • line-drying laundry indoors, 138. • houseplants-watering them can generate large amounts of moisture. 139. In addition to the possible struoturat damage water intrusion may do to the property,water intrusion may also result 140. in the growth of mold,mildew and other fungi.Mold growth may also cause structural damage to the property. 141. Therefore,It is very important to detect and remediate water Intrusion problems. 142. Fungi are present everywhere in our environment,both Indoors and outdoors.Many molds are beneficial to humans. 143. However,molds have the ability to produce mycotoxlnsthat may have a potential to cause serious health problems, 144. particularly in some immun000mpromised individuals and people who have asthma or allergies to mold. 145. To complicate matters,mold growth is often difficult to detect,as it frequently grows within the wall structure.If you 146. have a concern about water Intrusion or the resulting mold/mildew/fungi growth,you may want to consider having 147. the property inspected for moisture problems before entering into a purchase agreement or as a condition of your 148. purchase agreement,Such an analysis is particularly advisable If you observe staining or any musty odors on the 149. property. 150. For additional Information about water intrusion,indoor air quality,moisture or mold Issues,go to the Minnesota 151. Association of REALTORS®web site at www.mnrealtor.com. 152. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE 153. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING INTHE PROPERTY. 154. ORIGINAL COPYTO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER MN:sDA-4(8/09) • wasFormesAugaa009 20 '47) COMMERCIAL PURCHASE AGREEMENT KELLER WILLIAMS. This form approved by the Minnesota Association of REALTORS® PRE F H A A E D REALTY s and the Minnesota Commercial Association of REALTORS®,which disclaims any liability arising out of use or misuse of this form. 02012 Minnesota Anode 112 n of REALTORS°,Edina,MN I 1. Date i( /y�'/ tot-2, Page 1 of pages 3. Received of 'n 6f1 '�S C 4. the sum of t9'iAt1 Uit.6'I4 1L Q�/ 5. - ! 00' 0 DOLLARS 6. �fr" as earnest money to be deposited upon Final Acceptance of (Check,cash or note-stale which.) 7. Purchase Agreement by all parties,on or before the third Business Day after Final Acceptance,in the trust 8. account of listing broker, unless otherwise agreed to In writing,but to be returned to Buyer if Purchase 9. Agreement is not accepted by Seller. 10. Said earnest money Is part payment for the purchase of property at 11. 431 3sa street situated In the 12. Farmington 13. County of nakota. ,State of Minnesota,PID#(s) 27037147700020080 14. and legally described as follows 16 TOWN OF FARMINGTON S 51 FT OF LOT 7 BLK 20 S 52 FT OF LOT 8 BLK 20 EX N 1 FT OF W 2 FT OF LOT 8 20 16. 17. together with the following personal property: \Jptdi� 18. 19. 20. 21. all of which property the undersigned has this day sold to Buyer for the sum of: 10/If'f 22. NiK O itt 50 • 23. ($ l p1 d© ` )DOLLARS,which Buyer agrees to pay in the following manner: 24. Earnest money herei paid $ f Q�00 op and $ gq1 IVY/ , cash; on 25. R11 AV hC I�T ,20 fir! ,the date of Closing and the balance of$ 26, by financing as shown on the attached Addendum. 27. DEEDiMARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a 28. ❑ Warranty Deed,❑ Limited Warranty Deed or Ig Other: Deed, _ _._ ..._. (Check one}- 29. conveying marketable title,subject to: 30. (a) building and zoning laws,ordinances,and state and federal regulations; 31. (b) restrictions relating to use or Improvement of the property without effective forfeiture provisions; 32. (a) reservation of any mineral rights by the State of Minnesota or other government entity; 33. (d) utility and drainage easements which do not Interfere with existing Improvements; 34. (e) rights of tenants as follows 1none subject to the following tenancies: 35. 36. � ;and 37. (f) others (must be specified In writing): l`y U 38. MNC:PA 1(10/12) Iffiriet 21 P �►,�, COMMERCIAL PURCHASE AGREEMENT 39. Page 2 Date 40. Property located at 431 3rd street Farmington 41. REAL ESTATETAXES:Real estate taxes due and payable In the year of closing shall be prorated between Seller and 42. Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this Purchase Agreement. 43. Real estate taxes payable in the years prior to dosing shall be paid by Seller.Real estate taxes payable in the years 44. subsequent to closing shall be paid by Buyer. 45. SPECIAL ASSESSMENTS: 46. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING Ri SELLER SHALL PAY "(Checkone.) 47. on the date of closing all Installments of special assessments certified for payment with the real estate taxes due and 48. payable in the year of closing. 49. ❑ BUYER SHALL ASSUME RI SELLER SHALL PAY ON DATE OF CLOSING all other special assessments -- ---(check orra} 50. levied as of the date of this Agreeme t. 51. ❑ BUYER SHALL ASSUME EV SELLER SHALL PROVIDE FOR PAYMENT OF special assessments ». -(Che¢kono.) • 52. after the date of this Purchase Agreement and before the date of closing, Buyer may, at Buyer's option; 53. (a) assume payment of the pending special assessment without adjustment to the purchase price; 54, (b) require Seller to pay the pending special,assessment(or escrow for payment of same a sum equal to 1 1/2 times 55. the projected pending assessment) and Buyer shall pay a commensurate increase in the purchase price of the 58. property,which increase shall be the same as the estimated amount of the assessment;or 57. (c) declare this Purchase Agreement terminated by Written notice to Seller or licensee representing or assisting Seller. 58. If Buyer terminates this Purchase Agreement,Buyer and Seller shall Immediately sign a cancellation of purchase 59. agreement directing all earnest money paid hereunder to be refunded to Buyer. Seller shall pay on date of closing 60. any deferred real estate taxes or special assessments payment of which is required as a result of the closing of 81. this sale. 62. POSSESSION:Seller shall deliver possession of the property no later than.I AVVielaWitlif after closing. 83. PRORATIONS:All items customarily prorated and adjusted in connection with the closing of the sale of the property 64. herein including but not limited to rents,operating expenses,interest on any debt assumed by Buyer,shall be prorated 65. as of the date of closing.It shall be assumed that Buyer will own the property for the entire date of the closing. 66, DAMAGES TO REAL PROPERTY: If there is any loss or damage to the property between the date hereof and the 67. date of closing,for any reason,the risk of loss shall be on Seller.If the property is destroyed or substantially damaged 68. before the closing,this Purchase Agreement shall terminate,at Buyer's option,_if Buyer gives written notice to Seller 69. or licensee representing or assisting Seller of such termination within thirty (30) days of the damage, Upon said 70. termination,Buyer and Seller shall immediately sign a cancellation of purchase agreement directing all earnest money 71. paid hereunder to be refunded Buyer. 72. EXAMINATION OF TITLE: Within a reasonable time after acceptance of this Purchase Agieement, Seller shall 73. provide evidence of title to Buyer or Buyer's designated title service provider, which shall Include proper searches 74. covering bankruptcies;state and federal judgments and liens,and levied and-pending special assessments,as follows: 75. IFTHE PROPERTY IS ABSTRACT,Seller shall provide either: 76. (a) a commitment for an owner's policy of title insurance on a current ALTA form issued by an Insurer licensed to write 77. title insurance in Minnesota and Seiler shall pay the costs of evidence of title forsuch title insurance policy,and Buyer 78. shall pay the premium for any owner's policy or lender's policy. Issued by the title insurance company, the title 79. examination fee and the fee for any endorsements or other coverages requested by Buyer;or 80. (b) Abstract of Title certified to date. 81. Seller shall pay for all abstracting fees and surrender any abstract in Seller's possession or control to Buyer at Closing. 82. IF THE PROPERTY ISTORRENS,Seller shall provide,at Buyer's option and request,either: 83. (a) a Registered Property Abstract certified to date;or 84. (b) a commitment for an owner's policy of title insurance on a current ALTA form issued by insurer licensed to write 85. title insurance in Minnesota. MNC:PA 2(i W12) 1� 22 • R .Ll9• COMMERCIAL PURCHASE AGREEMENT BRBFERR REA Y' 86. Page 3 Date 87. Property located at 431 3rd street Farmington 88. Seller shall be responsible to pay,under either option,only those costs necessary to prepare the Registered Property 89. Abstract or commitment. Buyer shall,at Buyer's option,pay for either an attorney's title opinion or the title insurance 90. premium(for both an owners policy and any lender's policy and the examination fee,together with the costs for any 91. endorsements or other coverages requested by Buyer). 92. Buyer shall have ten (10)business days after receipt of the Abstract of Title, Registered Property Abstract or title 93. Insurance commitment to provide Seller,or licensee representing or assisting Seller,with written objections to title. 94, Buyer shall be deemed to have waived any title objections not made within such ten(10) day period,except that this 95. shall not operate as a waiver of Seller's covenant to deliver a Deed,as specified in this Purchase Agreement.Seller • 96. shall use Seller's best efforts to correct any title objections noted by Buyer and to provide marketable title by the dale 97. of Closing. In the event Seller has not cured the title objections or otherwise provided marketable title by the date of 98. Closing,Seller shall have an additional thirty(30)days to correct the title objections or otherwise make title marketable. 99. Buyer may waive title objections or other defects by written notice to Seller or licensee representing or assisting Seller.In 100. addition to the thirty(30)day extension,Buyer and Seller may by mutual agreement further extend the Closing date. 101. Lacking such extension,either party may declare this Purchase Agreement terminated and neither party shall be liable 102. for damages to the other.Buyer and Seller shall immediately sign a cancellation of purchase agreement directing all 103. earnest money paid hereunder to be refunded to Buyer. 104. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller,Seller shall pay 105. all subdivision expenses and obtain all necessary governmental approvals.Seller warrants that the legal description 106. of the real property to be conveyed has been or shall be approved for recording as of the date of closing.Seller warrants 107. that the buildings are or shall be constructed entirely within the boundary lines of the property.Seiler warrants that 108.•there Is a right of access to the property from a public right-of-way.These warranties shall survive the delivery of the 109. deed or contract for deed. 110. MECHANIC'S LiENS;Seller warrants that prior to the closing,payment in full will have been made for all labor,materials, 111. machinery,fixtures or tools furnished within the 120 days immediately preceding the closing in connection with 112. construction,alteration or repair of any structure on,or improvement to,the property. 113. NOTICES:Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 114. proceedings,or violation of any law,ordinance or regulation.If the property Is subject to restrictive covenants,Seller 115. warrants that Seiler has not received any notice from any person or authority as to a breach of the covenants.Any 116. such notices received by Seller shall be provided to Buyer immediately. 117. DIMENSIONS;Buyer acknowledges any dimensions,square footage or acreage of land or improvements provided by 118. Seller,third party,or broker representing or assisting Seller are approximate.Buyer shall verify the accuracy of information 119. to Buyer's satisfaction,if material,at Buyer's sole cost and expense. 120. ACCESS:Seller agrees to allow reasonable access to the property for performance of any surveys,due diligence or 121. inspections agreed to herein. 122. REPRESENTATIONS AND WARRANTIES:See attached Addendum. 123. TIME IS OFTHE ESSENCE FOR ALL PROVISIONS OFTHIS CONTRACT. 124. ENTIRE AGREEMENT:This Purchase Agreement,any attached exhibits and any addenda or amendments signed 125. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any other written or 126. oral agreements between Seller and Buyer.This Purchase Agreement can be modified or canceled only In writing 127. signed by Seiler and Buyer or by operation of law.The parties agree the electronic signature of any party on any 128. document related to this transaction constitute valid,binding signatures.All monetary sums are deemed to be United 129. States currency for purposes of this Purchase Agreement.Buyer or Seller may be required to pay certain closing costs, 130. which may effectively increase the cash outlay at closing or reduce the proceeds from the sale. 131. FINAL ACCEPTANCE:To be binding,this Purchase Agreement must be fully executed by both parties and a copy 132. must be delivered. MNOTA-3(10112) A 23 PAM�P(EEL�y{��yp� {1115 COMMERCIAL PURCHASE AGREEMENT R6ALT 1'' 133. Page 4 Data 134. Property located at 431 3rd street 'armington 135. CALCULATION OF DAYS:Any calculation of days begins on the first day(calendar or Business Days as specified) 136. following the occurrence of the event specified and Includes subsequent days(calendar or Business Days as specified) 137. ending at 11:59 RM.on the last day. 138. BUSINESS DAYS:°Business Days°are days which are not Saturdays,Sundays or state or federal holidays unless 139. stated elsewhere by the parties in writing. 140. DEFAULT:If Buyer defaults in any of the agreements hereunder,Seller may terminate this Purchase Agreement under 141. the provisions of MN Statute 559.21. 142. If this Purchase Agreement Is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 14.3. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement;and,as to 144. specific performance,such action must be commenced within six(6)months after such right of action arises. 145. ENVIRONMENTAL CONCERNS:To the best of Seller's knowledge,there are no hazardous substances or underground 148. storage tanks except herein noted: 140 vie, 147. 148. 149. 150. • 151. 152. 153. (Check appropriate boxes.) 154. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 155. CITY SEWER WES❑NO / CITY WATERJYES❑NO 166. SUBSURFACE SEWAGE TREATMENT SYSTEM 157. SELLER CERTIFIES THAT SELLER DOES 74 a OES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT 158. SYSTEM ON OR SERVING THE PROPERTY: (If answer Is DOES,and the system does not require a state permit, 159. see Subsurface Sewage Treatment System Disclosure Statement) 160. PRIVATE WELL, 161. SELLER CERTIFIES THAT SELLER 0 DOESX DOES NOT KNOW OF A WELL ON OR SERVING THE -- {Check one.)-------- 162. PROPERTY.(If answer Is DOES and well Is located on the property,see Well Disclosure Statement) 163. THIS PURCHASE AGREEMENT 0 IS IS NOT SUBJECT TO A SUBSURFACE SEWAGE TREATMENT 164. SYSTEM SYSTEM AND WELL INSPECTION CONTINGENCY ADDENDUM.(If answer Is IS,see attached Addendum.) 165. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 166. RECEIVED A WELL DISCLOSURE STATEMENT AND/OR A SUBSURFACE SEWAGE TREATMENT SYSTEM 167. DISCLOSURE STATEMENT. 168. NOTICE !! 169. Janie Tutevrohl Keller Williams Preferred Rlty Represents lu P-t '' i k • (Agent) (Company Name) 170. Tanis Tuf ewoh. Keller Williams Preferred Rlty Represents a& ` � A.& (Agent) (Company Name) MNC:PA-4(10/12) VAMP- 24 KI�RR R Y COMMERCIAL PURCHASE AGREEMENT 171. Page 5 Date 172. Property located at 433, 3rd Street Farmington 173. DUAL AGENCY DISCLOSURE: Dual agency occurs when one broker or salesperson represents both parties to a 174, transaction,or when two salespersons licensed to the same broker each represent a party to the transaction.Dual 175. agency requires the informed consent of all parties,and means that the broker or salesperson owes the same fiduciary • 176. duties to both parties to the transaction.ThIs role limits the level of representation the broker and salespersons can 177. provide,and prohibits them from acting exclusively for either party.In dual agency,confidential information about price, 178. terms and motivation for pursuing a transaction will be kept confidential unless one party instructs the broker or 179. salesperson in writing to disclose specific information about him or her.Other information will be shared.Dual agents 180. may not advocate for one party to the detriment of the other. 181. CONSENT TO DUAL AGENCY 182. Broker represents both parties involved in the transaction,which creates a dual agency.This means that Broker and 183. its salespersons owe fiduciary duties to both parties.Because the parties may have conflicting interests,Broker and its 184. salespersons are prohibited from advocating exclusively for either party.Broker cannot act as a dual agent In this 185. transaction without the consent of both parties.Both parties acknowledge that 186. (1) confidential information communicated to Broker which regards price,terms or motivation to buy,sell or lease will 187. remain confidential unless the patties instruct Broker in writing to disclose this information.Other Information wilt 188. be shared; 189. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other;and 190. (3) within the limits of dual agency,Broker and its salesperson will work diligently to facilitate the mechanics of the 191. sale. 192. With the knowledge and understanding of the explanation above,the parties authorize and instruct Broker and its 193. salespersons to act as dual agents in this transaction. 194. SELLER: BUYE` . . " c i • '.c i tie g c' 195. By:. By: QC v�'�-'' City Of Farmington Moll Aaron 196. its: its: 6.h i' nckeC 197. C� (Date) (Date) 198. SELLER: BUYER: 199. By: By: 200. Its: its: 201. (Date) (Date) 202. MISCELLANEOUS PROVISIONS. 203. (a) Survival.AO of the warranties,representations and covenants of this Agreement shall survive and be enforceable 204. after the dosing. 205. (b) Entire Agreement:Modification.This Purchase Agreement constitutes the complete agreement between the 206. parties and supersedes any prior oral or written agreements between the parties regarding the property.There 207. are no verbal agreements that change this Purchase Agreement and no waiver of any of its terms will be effective 208. unless in writing executed by the parties. 209. (a) Successors and Assigns.If this Purchase Agreement is assigned,all provisions of this Purchase Agreement 210. shall be binding on successors and assigns. MNC:PA-5(10/12) IRM 25 • KeLLCR COMMERCIAL PURCHASE AGREEMENT RBA 211. Page 6 Date 212. Property located at 431 3rd Street Farmington • 213. (d) Other. t 215. qt G y v Ui /AtL . V 216. 217. 11%.,. �. 4 218. 219. 'ii J7grnVLIJ I'/ rirl A �I�., •7 220. 221. / o P� It A-ll I 4 222. 223. ACCEPTANCE DEADLINE.This offer to purchase, unless accepted sooner,shall be null and void at 11:59 p.m., 224. ,20 ,and in such event all earnest money shall be refunded to Buyer. 225. ADDENDA AND PAGE NUMBERING:Attached addenda are a part of this Purchase Agreement. 226. ❑ If checked, this Commercial Purchase Agreement is subject to attached Counteroffer Addendum to 227. Commercial Purchase Agreement 228. SELLER BUYER 229. k batA60A+ Qn O px c1-I e s .LL 230. By: By: a at)(M) City Of Farmington Moll ro (f,. 231. Its: Its: l T WA.An C 232. 1 (Date) (Date) I 233. SELLER BUYER 234. 235. By: By: 236. Its:- Its: 237. (Date) (Date) 238. FINAL ACCEPTANCE DATE: The Final Acceptance Date 239. Is the date on which the fully executed Purchase Agreement is delivered. 240. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER AND SELLER. 241. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. 242. THIS MINNESOTA ASSOCIATION OF REALTORS®COMMERCIAL PURCHASE AGREEMENT IS NOT 243. DESIGNED TO BE AND IS NOT WARRANTED TO BE INCLUSIVE OF ALL ISSUES SELLER AND BUYER 244. MAY WISH TO ADDRESS,AND EITHER PARTY MAY WISH TO MODIFYTHIS PURCHASE AGREEMENT 245. TO ADDRESS STATUTORY OR CONTRACTUAL MATTERS NOT CONTAINED IN THIS FORM. 246. BOTH PARTIES ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY TO ENSURE 247. THIS CONTRACT ADEQUATELY ADDRESSES THAT PARTY'S RIGHTS. MNC:PA-6(1 0/12) rai 26 7 KELLER ELECTRONIC COMMUNICAITON �7 a 4IkfL AGREEMENT(FAX RIDER) R E A L T Y This Rider is made a part of the incorporated into that certain Real Estate Contract dated (8' ,20.1 __ ,for the sale of the property commonly known as 431 3rd Street Farmington ,Minnesota,entered into by city Of Farmington (Seller) and Molly Aaron (Purchaser). The purpose of this rider shall be to permit the use of a facsimile machine (fax) or a email transition in the negotiation of the contract for the real estate described above in which this rider has been attached and made a part thereof. The Parties agree to such as in the interest of expediency. Therefore,the undersigned parties agree as follows: 1. For the purposes of negotiating and finalizing this contract, any SIGNED document (including this RIDER)transmitted by FAX machine or scanned via email shall be treated in all manner and respects as an ORIGINAL document. 2. The signature of any party of any document transmitted by FAX machine or scanned via email shall be considered for these purposes as an ORIGINAL signature. 3. Any such FAX or scan to email document shall be considered to have the same binding legal effects as an ORIGINAL document. 4. At the request of either party any FAX or scan to email document subject to this RIDER shall be re-executed by both parties in an ORIGINAL form. S. No party shall raise the use of a FAX machine or scanned email as a defense to this Contract and shall forever waive such defense. 6. Buyer(s)and Seller(s)acknowledge and give permission by signing below that fax signatures and/or electronic signatures may be used during the transaction and will be considered legally binding signatures. tell\e,W{Cla\- tiDale( a Purchaser Seller Date Molly Aaron City Of Farmington Purchaser Date Seller Date Revised: 12/23/11 l 2`7 7d 7,4111%, City of Farmington ,�, 430 Third Streit b ',: i. :,=>.,. Farmington,Minnesota �°P•A ° 651.2RQ6R00•Fax 65I.280.6i899 os, wwwcl.t Srmlingtonann.I3s TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approving Advertisement to Lease Land in the Jim Bell Park and Preserve for Farm Purposes DATE: December 3,2012 INTRODUCTION The City currently owns approximately 30 acres of land in the Jim Bell Park and Preserve that would be considered tillable for farming. DISCUSSION Exhibit A shows the location of tillable acreage in the Jim Bell Park and Preserve. In 2012,this site was approximately 27 acres in size and staff had negotiated a one year payment to allow a local farmer to till, plant and harvest a crop on this acreage. Recently staff took some action to clean up about three additional acres of land that could be farmed by having large timbers removed and several dirt piles leveled. This has resulted in the creation of about a 30 acre parcel of land that could be farmed. Since there is time before the next growing season,staff is requesting to allow an advertisement to be placed to lease this land for up to five years for farming purposes.By going with a longer time period it is hoped to generate more interest in proposals being submitted to lease the approximately 30 acres due to interested parties having a longer lease period and thus would be able to make fertilizer and pesticide applications over a longer period of time to maximize their yield. Advertising of the leasing of the 30 acres of land in the Jim Bell Park and Preserve for farm purposes will occur in the local newspapers and on the City's website. After the deadline for submitting bids has passed early in 2013 and a tabulation of the bids submitted on the leasing of the 30 acres of land has been completed, staff will bring to the City Council a lease agreement to be approved with the highest bidder. BUDGET IMPACT The only cost would be to advertise in local newspapers about leasing 30 acres of land from the City for farm purposes. ACTION REQUESTED By motion approve allowing staff to place ads in local newspapers and on the City's website in order to receive proposals from interested parties to lease for farm purposes approximately 30 acres of land in the Jim Bell Park and Preserve. Respectfully Submitted, Randy Distad, Parks and Recreation Director 28 Exhibit A 1 11� ; --..,-,=;c:.4triti, ' .,t- ' ., - ;,, ,w., .. , , .1„,, . % al , r,, fi , �= ' - ! , ,� `. ' +r tr"!, rat { I 5 t `� •(t(t(t(tr y� j trok,' sR tf4 p k �i, ..`7rarw• 1- , � w. )41 ■ = fi � we 4 4 _ ..,-,... ill . .. , I.. lit, *''' :'-';''':k-' .414/3412 Esil;r % c • N elm :j 4': '. �5'' i 1 , t t•,VIC iioir,4_ i.44:4 iiii I., ,,-r-,! L1114,,,,'. '411tillib'41F:' 41111111141) Ill-: ' ■ Disclaimer: Map and parcel data are believed to be accurate, but accuracy Is not guaranteed, This is not a Map Scale legal document and should not be substituted for a title search appraisal,survey, or for zoning 1 Inch = 599 feet verification. Dakota County assumes no legal responsibility for the information contained in this data 11/26/2012 29 ;7( +404, City of Farmington „' 430 Third Street 1. ' . ----- Farmington,Minnesota %� 651.240.6400.Fax 0.51.280.6899 ' °P'A Pitte Wtbw.CI.ea17711i1gLi71LT1711 LCi TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation from Park Dental Clinic to the Skate with Santa Event DATE: December 3, 2012 INTRODUCTION The Parks and Recreation Department will be hosting a Skate with Santa Event at Schmitz-Maki Arena from 3:30-5:00 p.m. on December 9, 2012.Park Dental Clinic has informed staff members that it is willing to donate a$50 I Pod Shuffle to be given away at the event. DISCUSSION The Skate with Santa Event will be a local food shelf event whereby canned food items will be collected in exchange for admission to the event. Park Dental Clinic has donated the I Pod Shuffle in order to encourage a second canned food item to be given in order to be entered into a drawing for the I Pod Shuffle. ACTION REQUESTED Adopt the attached resolution accepting the donation of an I Pod Shuffle from Park Dental Clinic valued at$50 to the Skate with Santa Event being held on December 9, 2012 at the Schmitz- Maki Arena. Respectfully Submitted, Randy Distad Parks and Recreation Director 30 RESOLUTION NO. R53-12 ACCEPT DONATION FROM PARK DENTAL CLINIC TO THE SKATE WITH SANTA EVENT HELD AT SCHMITZ-MAKI ARENA 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 3`d day of December, 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, a donation of an I Pod Shuffle valued at $50 was received from Park Dental Clinic for the Skate with Santa Event that will be held at the Schmitz-Maki Arena on December 9, 2012; and, WHEREAS, it is required by State Statute that such donations be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW,THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of an I Pod Shuffle valued at $50 from Park Dental Clinic to the Skate with Santa Event that will be held at the Schmitz-Maki Arena on December 9, 2012. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of December, 2012. Mayor Attested to the 514 day of December 2012. ity Administra or SEAL 114,4, City of Farmington , 430 Third Strect �. ,.. Farmington,Minncsota 4r��A • 651.2R0.(R00•Fax 651,280.6899 TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation to the Rambling River Center DATE: December 3, 2012 INTRODUCTION A donation has recently been received from the Farmington Sons of the American Legion and the American Legion Auxiliary. DISCUSSION The Sons of the American Legion and the American Legion Auxiliary held an omelet breakfast fundraiser in November for the Rambling River Center. As a result of this fundraiser$400 has been donated to the Rambling River Center. This fundraising money will be used in the future to fund capital improvements to the Rambling River Center. Staff will communicate the City's appreciation on behalf of the Council to the Sons of the American Legion and the American Legion Auxiliary for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of$400.00 from the Sons of the American Legion and the American Legion Auxiliary to the Rambling River Center. Respectfully Submitted, Randy Distad Parks and Recreation Director 32 RESOLUTION NO. R54-12 ACCEPT $400 DONATION TO THE RAMBLING RIVER CENTER FROM THE SONS OF THE AMERICAN LEGION AND THE AMERICAN LEGION AUXILIARY 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 3rd day of December, 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, a donation of$400 was received from the Sons of the American Legion and the American Legion Auxiliary from an omelet breakfast fundraiser for the Rambling River Center; and, WHEREAS, it is required by State Statute that such donations be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW,THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation totaling $400 from the Sons of the American Legion and the American Legion Auxiliary to the Rambling River Center for future capital improvements. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of December 2012. Mayor Attested to the y417day of December 2012. City Administra or SEAL 7 -o City of Farmington e 430 Third Stunt Farmington,Minnesota ,� . 651.463.7111 •Fax 6,51.463.2591 A ww .ci.iarmmgum.mm ui TO: Mayor,Councilmembers,City Administrator FROM: Kevin Schorzman,City Engineer SUBJECT: School and Conference DATE: December 3,2012 INTRODUCTION The Minnesota Department of Transportation provides training for engineers and engineering technicians that allows them to be certified to inspect different aspects of construction projects. DISCUSSION To attain certification,inspectors are required to attend classes that familiarize them with current construction techniques and materials as well as provide knowledge of the specific process. Many of these certifications are tiered programs which include one class as a prerequisite for another. For example,prior to being able to achieve certification as a concrete inspector,the individual must first be certified in aggregate production. Tom Strid will become certified in aggregate production later this month,which would allow him to become certified in concrete inspection in 2013. To maintain certifications, inspectors are required to attend classes to recertify on a regular basis. This allows them to refresh their knowledge,and be informed of changes to approved construction techniques and materials. Rich Schimmel has two certifications that require recertification in 2013: Bituminous Street,and Grading and Base. BUDGET IMPACT The cost for the Concrete Field 1 certification is $420, the cost for Bituminous Street recertification is $200, and the cost for Grading and Base recertification is $200. The cost for this training is included in the proposed 2013 budget. ACTION REQUESTED Approve Tom Strid's attendance at the Concrete Field certification in Rochester on February 13-14,2013, and Rich Schimmel's attendance at the Bituminous Street and Grading and Base recertification classes in Shoreview on February 7,2013 and April 8,2013,respectively. Respectfully Submitted, Kevin Schorzman,P.E., City Engineer 34 74 404 City of Farmington 430 Third Street Farmington,Minnesota e,46 651.2R0.6R00•Fax 651 280.6899 44gr.A wwwct armingtin.mn.ui TO: Mayor, Council and City Administrator FROM: Tim Pietsch, Fire Chief SUBJECT: Fire Act Grant Program DATE: December 3, 2012 INTRODUCTION: Fire Marshal, John Powers has been asked by the Department of Homeland Security(DHS)to participate in the peer grant review process for the Fire Act Grant Program. The DHS depends on subject experts to analyze requested projects and award funds to worthwhile projects in the area of fire suppression. The future grant funding process will also be discussed. DISCUSSION: Farmington Fire Department has received five grants from this program in the past several years. The process of reviewing grants, would provide us with a great learning experience and enhance our chances to receive continued grant funding opportunities. The program will be held December 9-13, 2012, in the Washington,DC area. BUDGET IMPACT: The cost of travel, accommodations and per diem expenses are entirely covered by the Department of Homeland Security ACTION REQUESTED: Approve the meeting attendance for Fire Marshal Powers. Respectfully submitted, Tim Pietsch Fire Chief 35 7 ° CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J.Campbell (651)452-5000 Roger N.Knutson John F.Kelly Thomas M.Scott Fax (651)452-5550 Henry A.Schaeffer,III Elliott B.Knetsch Mina Schwartz Joel J.Jamnik Author's Direct Dial:(651)234-6219 Samuel J.Edmunds Andrea McDowell Poehler E-mail Address:jjamnik@Jck-law.cam Marguerite M.McCarron Soren M.Mattick December 3, 2012 To: Mayor Larson and City Council David McKnight, City Administrator From: Joel Jamnik, City Attorney Subject: Adopt Resolution approving revised Master Subscriber Agreement and FAST Access Amendment Backaround The Police Department and City Attorney's office routinely access law enforcement and judicial data bases and systems in the performance of their duties. The Minnesota Court system is currently undertaking a state-wide conversion to paperless or electronic records management systems. As part of the process Dakota County is participating in what has been termed the FAST Access Dakota County Pilot Program. In order for the City Attorney's office to access the required data, the City Council must approve a revised Master Subscriber Agreement and a FAST Access Amendment between the City and the State. More information on this matter is provided in the memo from the State Court Administrator's Legal Counsel. There is no immediate cost to the City, but as the memo indicates fees for use of the FAST Access system may be charged by the county or state at a later date. Action Requested Adopt the attached resolution approving a revised Master Subscriber Agreement and a FAST Access Amendment between the City and the State. Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve •Eagan,MN 55121 36 RESOLUTION NO. R55-12 APPROVING A REVISED MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES AND A FAST ACCESS SUBSCRIBER AMENDMENT FOR DAKOTA COUNTY PILOT PROGAM 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 3rd day of December 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. § 471.59,the State of Minnesota and the City of Farmington may enter into cooperative agreements for the joint exercise of powers or for the provision of governmental services, and; WHEREAS,the State of Minnesota, Office of State Court Administration, offers and provides certain court data services, including access to state court records and documents, solely for certain governmental use, and; WHEREAS,the City of Farmington desires to have its City Attorney access and use that data to assist in the efficient performance of its duties. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Mayor and City Administrator, City Attorney, or other appropriate officers of the City are hereby authorized to execute on behalf of the City the aforementioned Agreement, Amendment, and related documents and forms required by the State to allow access to the specified court service data. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of December 2012. Mayor Attested to the E/411 day of December 2012. 1 Qq dminist SEAL LEGAL COUNSEL DIVISION STATE COURT ADMINISTRATOR'S OFFICE 25 Rev.Dr.Martin Luther King,Jr.Blvd. Saint Paul,Minnesota 55155 651-284-4369 • MEMORANDUM • FROM: PAUL REGAN DATE: NOVEMBER 16,2012 • RE: FAST ACCESS DAKOTA COUNTY PILOT PROGRAM As the Minnesota Judicial Branch moves towards a paperless court, the eCourt1 IN initiative is committed to ensuring that non-court governmental agencies have appropriate access to court records and documents. The FAST Access Dakota County Pilot Program will permit attorneys • in your office to electronically access court records and court documents in Dakota County Adult Criminal cases scheduled on the first appearance, bail hearing, and arraignment calendars. Attached to this memorandum are a new Master Subscriber Agreement, a FAST Access Subscriber Amendment, and a FAST Access User Authorization Form that will allow your agency to participate in the FAST Access Pilot. The Access Attorneys Will Be Granted through the FAST Access Pilot In the FAST Access Dakota County Pilot Program, authorized government, student,and contract attorneys will have limited access to court records and court documents in Dakota County adult • criminal cases through MNCIS Government Access in cases where they appear for a first appearance, bail hearing, or arraignment calendar. On the day of the calendar, attorneys will be provided a password that will allow access to cases,limited to that calendar and to the designated court and detention facilities and to that particular day. Passwords may not be shared. Attorneys will be able to access both public and confidential documents in these cases. Sealed documents will not be made available in the FAST Access Pilot. Whv You Are Receiving a New Master Subscriber Agreement and FAST Access Amendment The updated Master Subscriber Agreement is necessary now that court documents will be provided to your agency through this pilot. The new Master Subscriber Agreement references Exhibit A. Exhibit A will be provided at a later date and will describe additional Court Data Services, separate from the FAST Access Pilot,which will be provided to your agency based on your governmental function and legitimate business needs. A FAST Access Subscriber Amendment is included to add FAST Access specific language to the Master Subscriber Agreement. Please note that FAST Access is not for police department use. Authorized Access and Use of Court Records and Court Documents As stated in the Master Subscriber Agreement, access to court records and court document images is for legitimate governmental business needs related to adult criminal proceedings only. 38 • Any non-official or personal use of court records and court documents is prohibited. Violations will result in the loss of access to court records and court documents for both the individual user and possibly your entire governmental agency. Proof of Authority We are requesting that you return your proof of authority, such as a council resolution, board authority or legally binding decision maker, to enter into the Master Subscriber Agreement and FAST Access Subscriber Amendment as Exhibit C. Individual User Acknowledgment Forms Are Required for the FAST Access Pilot All qualified attorneys and student attorneys must sign the attached FAST Access User Acknowledgment Form before they will by granted access to FAST Access. We are requiring all users to sign the User Acknowledgment Forms to ensure that they understand the requirements of FAST Access use. These User Acknowledgment Forms contain a blank space for the name of the governmental entity. Government entities should fill in this space with their full legal name (as is appears in the Master Subscriber Agreement) before providing these forms for signatures to guarantee uniformity. Signed FAST Access User Acknowledgment Forms must be submitted with the signed Master Subscriber Agreement and FAST Access Amendment. In the future,new employees will also be required to sign the FAST Access User Acknowledgment Forms before receiving access. The Judicial Branch intends to audit compliance with this requirement and will sanction individuals and agencies in case of violations. While in the initial phase of the pilot, fees will not be charged for use of FAST Access. Fees may be charged at a later date. Your signed Master Subscriber Agreement, FAST Access Subscriber Amendment, and FAST Access User Acknowledgment Forms may be sent to Carol Renn, Dakota County District Court Administration. Please provide three signed originals of each document, along with Exhibit C, so we may provide you with original documents for your records. Should you have any questions regarding the Master Subscriber Agreement or the information in this memorandum,please contact me at(651)284-4369 or paul.regan@courts.state.mn.us. • 2 39 MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL-AGENCIES THIS AGREEMENT is entered into by and between (Government Subscriber Name/Name of Entity) of (Government Subscriber Address) • (hereinafter"Government Subscriber")and THE STA'T'E OF MINNESOTA Office of State Court Administration (Judicial District OR Office of State Court Administration) of 25 Rev.Dr.Martin Luther King Jr.Blvd. St.Paul,Minnesota 55155 (Address) • • (hereinafter"the Court"). .Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same,to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public • Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's"Legitimate Governmental Business Need"as defined herein. The access to statewide public Court Documents is a pilot program. During the initial phase of the pilot program, the State will not charge Government Subscriber for access to Court `Documents. The State may charge Government Subscriber for access to Court Documents at a later date or after the initial phase of the pilot program concludes. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein,the Court and Government Subscriber agree as follows: Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 1 of 15 40 TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty(30)days after the other party's receipt of the notice of termination,unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Court Data Services"means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.courts.state.mn.us, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.1.1 `Bulk Data Delivery"means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or • more of the Court's databases and through any means of transmission, as described in applicable Policies & Notices and materials referenced therein. 2.1.2 "Court Integration Services" means pre-defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems;and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre-determined • events, as described in applicable Policies & Notices and materials referenced therein. 2.1.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents through the Minnesota Court Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 2 of 15 41 • 2.1.4 "ViBES Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records through the Violations Bureau Electronic System ("VIBES"), as described in applicable Policies & Notices and materials referenced therein. 2.2 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services,together with any documentation related • thereto,including without limitation descriptions of the format or contents of data, data schemers,and all related components. 2.3 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services,together with any documentation related thereto. 2.4 "Court Documents" means electronic images of documents that are part of or • included in a court file when the electronic images become available. Court Documents have a document security classification as follows: 2.4.1 "Publicl" means the classification used for documents that are accessible to the general public in electronic form from any location. 2.4.2 "Public2" means the classification used for documents that are accessible to the general public in electronic form at the courthouse,but not from any other location. 2.4.3 "Public2 Citation" means the classification used for Court Payment Center documents that are accessible to the general public in electronic form at the courthouse,but not from any other location. 2.4.4 "Confidentiall" means the classification used for documents that are not accessible to the general public in electronic form, but are available to Government Subscribers with legal authorization to access the case under Minn.R Pub.Access'8,subd.4(b). 2.4.5 "Confldential2" means the classification used for documents that are not • accessible to the public in electronic form and is not accessible to Government Subscribers except as authorized by specific court rules or orders that identify the specific document to be accessed. • 2.4.6 "Sealedi" means the classification used for documents that are not accessible to anyone except by court order or specific authorization. 2.5 "Court Records"means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement,including: 2.5.0 "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court • Documents,when available,as defined herein. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 3 of 15 42 , 2.5.1 "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.2 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services,including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.3 "Court Confidential Information" means any information in the Court • Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, as well as the access,use and dissemination of Court Records and Court Documents,is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection - with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government • Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms;that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 4 of 15 43 • published from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records,"all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules,lists,and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the main website for the Court, • for which the current address is www.courts.state.mn.us. 2.12 "SCAO"means the State of Minnesota,State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies &Notices, and other documents referenced, attached to, or submitted or issued here-under. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1,8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form attached to this document as Exhibit B, signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement. 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Data Services described in.Exhibit A, attached hereto and incorporated by reference. 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT RECORDS AND COURT DOCUMENTS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services, Court Records and Court Documents. 4.1.1 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services, Court Records and Court Documents, when available, necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services, Court Records or Court Documents, when available, in any manner not set forth in this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 5 of 15 44 Agreement, Policies & Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services, Court Records and Court Documents. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services, Court Records and Court Documents, when available, accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies &Notices or other materials. 4.2.2 The use of Court Data Services,Court Records or Court Documents,when available, by Government Subscriber or Government Subscriber's • Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services, Court Records or Court Documents, when available, in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records and Court Documents. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records or Court Documents,when available, accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the access, use, and dissemination of Court Records and Court Documents. 4.5 Violations. 4.5.1 The access or use of Court Data Services, Court Records or Court Documents, when available, beyond what is necessary for a Legitimate Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The dissemination of Court Records or Court Documents, when available, by • • Government Subscriber or Government Subscriber's Individual Users with third parties or other individuals beyond what is necessary for a Legitimate Governmental Business Need is a violation of this Agreement. The access, use and dissemination of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or • Government Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or • Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 • Page 6 of 15 45 • Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber's Individual Users. 4.6 Sanctions. • 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users, the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government • Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information, or Court Documents, when available,to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action,whether by instruction, agreement, or otherwise,to insure the protection, confidentiality and security of Court Confidential Information and Court Documents, when available, and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the Acknowledgment Form attached in Exhibit B before accessing Court Data Services. 5.4 That,without limiting Clause 1 of this Agreement,the obligations of Government • Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information and Court Documents, when available, shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 7 of 15 • • 46 Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5,or a violation of those same agreements by Government Subscriber's Individual Users,shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data • Services,Court Records and Court Documents,when available. 6. APPLICABILITY TO COURT CASE• INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate.. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate,but remain in effect with respect to all other Court Case Information provided by the Court to • Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To effect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services, Court Records and Court Documents,when available,under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement Form(Exhibit B). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Court for approval and shell accompany the submission of this Agreement for approval. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 • • Page 8of15 47 • 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is obtained, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services, Court Records or Court Documents, when available. The access, use or dissemination of Court Data Services,Court Records or Court Documents by a Government. Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written acknowledgements on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof,the Court,with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Court Records and Court Documents,when available. SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects. and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization,including without limitation data schemas such as the Court XML Schema, are trade secret • information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks"IvINCIS"and"Odyssey." 8.4 Restrictions on Duplication,Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Information. In addition, Government Subscriber will not copy any part Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 9 of 15 • 48 of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors,in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not,however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors,or • information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services,solely for its own,use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright,trade secret,and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication,disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data. Services Programs or Court Data Services Databases,related documentation,or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto,the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. -8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder,and • all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 10 of 15 49 Services Databases, and related documentation, including but not limited to training and configuration materials,if any,and logon account information; or(2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including,but not limited to, a time-out feature,to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court,SCAO,SCAO's licensors,and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors,and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors,and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that,except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing,liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims•Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota,liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions)or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the • Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agendas—Revised October 12,2012 Page 11 of 15 50 Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. • 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services, Court Records, and Court Documents by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to • whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to,and copies of, such logs upon request. 12.2.3 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services, Court Records, and Court Documents from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3. Personnel. Government Subscriber agrees to investigate, at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement,Policies& Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber agrees to notify the Court of the results of such investigation. 13. FEES; INVOICES;FEES DURING PILOT PROGRAM. 13.1 Fees and Invoices. Applicable monthly fees commence ten(10)days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,if - any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year,if applicable. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 12 of 15 51 13.2 Fees During Pilot Program. During the initial phase of the access to Court Documents pilot program, the State will not charge Government Subscriber for access to Court Documents. The State may charge Government Subscriber for access to Court Documents at a later date. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein,and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies &Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT • RECORDS.THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee,partner,agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government • Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies &Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) • hours after it has been deposited in the United States mail, first class, proper postage prepaid,addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 13 of 15 52 • • exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver,but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the • performance of their respective obligations hereunder caused by acts beyond their reasonable control. • 20. SEVERABILITY. Every provision of this Agreement shall be construed,to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon andinure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into,by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted,construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this • Agreement, its performance,enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies&Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA. DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota • Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90)but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 14 of 15 53 law, and (4) these applicable restrictions must be followed in the appropriate circum stances. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement in duplicate,intending to be bound thereby. • 1. GOVERNMENT ' SUBSCRIBER 2. THE COURT • Government Subscriber must attach • documented verification of authority to sign on behalf of and bind the • entity, such a council resolution, board authority or legally binding decision maker and attach same as Exhibit C. By By (SIGNATURE) (SIGNATURE) Date Date Name(typed) Name(typed) Mark Moore Title Title CIO/Director Information Technology Division of State Court Office Office Administration • • Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012 Page 15of15 • 54 MASTER SUBSCRIBER AGREEMENT AMENDMENT FOR "FAST ACCESS" THIS AGREEMENT AMENDMENT is entered into by and between • , (Government Subscriber Name/Name of Entity) of (Government Subscriber Address) • (hereinafter"Government Subscriber")and THE STATE OF MINNESOTA • Office of State Court Administration (Judicial District OR Office of State Court Administration) • of 25 Rev..Dr.Martin Luther King Jr.Blvd.St.Paul,Minnesota 55155 (Address) • (hereinafter"the Court"). • Recitals This Master Subscriber Agreement Amendment for FAST Access ("Amendment")modifies and supplements the Master. Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between Government Subscriber and the Court ("Agreement"). This Amendment provides the framework for Government Subscriber's Individual Users access to FAST Access. FAST Access provides certain,qualified individual users with web-based access to Court Records and Court Documents in cases where they qualify for access. Amendment The Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies is modified and supplemented by the addition of the following provisions: 1. DEFINITIONS. The definitions of the Agreement are incorporated herein. 1.1 "MNCIS Government Access"means the web-based software that provides government agencies with remote Internet access to electronic records in MNCIS. 1.2 "FAST Access" (First Appearance Support Track) means a MNCIS Government Access login that provides Government Subscriber's Individual Users with access to Court Records and Court Documents at the court facility and any detention area, as designated by county court administration, in cases scheduled on the first appearance, bail hearing, and arraignment calendars where prosecutors and defense attorneys typically do not yet have a case file and need access to the documents filed with the court. [Individual Users that qualify for FAST Access are currently limited as described in Clause 1.3 of this Amendment.] Government Master Subscriber Agreement Amendment for FAST Access—Revised November 9,2012 Page 1 of 4 55 Subscriber's Individual Users will be provided with riaily,passwords to FAST Access by county court administration for use during the court calendar. • 1.3 "FAST Access Dakota County Pilot" means the pilot FAST Access program being tested in Dakota County Adult Criminal Courts. Under the FAST Access Dakota County Pilot,qualified Government Subscriber's Individual Users will be limited to government attorneys and contract attorneys, and any student attorneys under their supervision, who practice in Dakota County Criminal Court • proceedings on behalf of Government Subscriber. During the initial phase of the Dakota County Pilot, the State will not charge Government Subscriber or Government Subscriber's Individual Users for access to FAST Access. The State may charge for access to FAST Access at a later date. 2. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT SUBSCRIBER'S INDIVIDUAL USERS. This clause modifies Clause 3 of the Agreement. Following execution of the Agreement and this Amendment by both parties,Government Subscriber's Individual Users who qualify for access must sign the FAST Access User Acknowledgement form to be granted the access through the MNCIS Government Access application to the extent described in this clause. • 2.1 FAST Access Dakota County Pilot Access. 2.1.1 Dakota County Access. In the FAST Access Dakota County Pilot, Government Subscriber's Individual Users who are present in court to represent parties in court on that day, and who have signed the FAST Access User Acknowledgement form,may access and use certain Court Records and Court Documents in Dakota County adult criminal cases only for a"Legitimate Governmental Business Need." For purposes of FAST Access, a"legitimate governmental business need"is limited to a requirement,duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with the Individual User's cases on the court calendar for that day. Such access and use of Court Documents will be limited to Court documents that have been assigned the following security classifications:Publicl,Public2,Public2 Citation, Confidentiall,and Confidential2. Such access and use will not include Court Documents that have the security classification Sealedl. Access is limited to the court calendar for which access was granted,for legitimate government business needs as defined above, and is limited to access from the designated court and detention facilities. Access at any other time,for any other purpose,or from any other location is prohibited. 2.2 FAST Access. [Access provided to FAST Access users outside of the Dakota • County Pilot is reserved.] 3. ' AUTHORIZED ACCESS TO FAST Access. Master Subscriber Agreement Amendment for FAST Access—Revised November 9,2012 Page 2 of 4 • 56 3.1 Access for Government Subscriber's Individual User. Individual Users who • are granted access to cases through FAST Access will be provided with a login and password if they are attorneys or student attorneys appearing in court under the supervision of an attorney. Passwords will change on a daily basis and will be received by court administration and provided to qualified Individual Users who • appear for a daily calendar. Passwords may not be shared. 3.2 Notice When a Government Subscriber's Individual User should no Longer Receive FAST Access. Individual Users that no longer work for Government Subscriber,or*who no longer need FAST Access to fulfill a"Legitimate Governmental Business Need"as defined in the Agreement, should not have FAST Access. Government Subscriber shall immediately notify the Court whenever an Individual User no longer works for Government Subscriber or no longer needs FAST Access to fulfill a"Legitimate Governmental Business Need" as defined in the Agreement. 4. WARRANTY DISCLAIMERS. The warranty disclaimers listed in Clause 15 of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies is modified to include the following. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH FAST ACCESS DUE TO COMPUTER OR NETWORK MALFUNCTION,MISTAKE OR USER ERROR. THE COURT MAKES NO WARRANTIES AS TO THE • COMPLETENESS OR ACCURACY OF THE COURT RECORDS AND COURT DOCUMENTS PROVIDED THROUGH FAST ACCESS. 5. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS AND COURT DOCUMENTS UNDER THIS AGREEMENT. Pursuant to Clause 7 of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, Government Subscriber's Individual Users are required to sign an Authorization Form before being provided access to Court Data. For FAST Access, Government Subscriber's Individual Users are required to sign a FAST Access specific Acknowledgment Form before being provided a FAST Access login and password. • Master Subscriber Agreement Amendment for FAST Access—Revised November 9,2012 Page 3 of 4 57 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement in duplicate,intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority • to sign on behalf of and bind the entity, such as a council resolution, board authority or legally binding decision maker and attach same as • Exhibit C. By By (SIGNATURE) • (SIGNATURE) Date Date Name(typed) Name(typed) Mark Moore Title Title CIO/Director Information Technology Division of State Court Office Office Administration • • • • Master Subscriber Agreement Amendment for FAST Access—Revised November 9,2012 Page 4 of 4 58 "FAST Access" User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration(the "Court") for the access and use of the Court's Court Records and Court Documents accessed through FAST Access. Under that contract,the Agency is required to have employees,student attorneys and contractors sign the written acknowledgment below before they are permitted access to FAST Access: I, ,as an employee/student attorney/contractor of ("the Agency"),state the following: 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and the Master Subscriber Agreement Amendment for FAST Access between the Agency and the Court. I have been provided training in the access,use,and dissemination of Court Records and Court Documents for FAST Access. 2. FAST Access logins and passwords are provided by court administration to authorized attorneys and .student attorneys who physically appear in Adult Criminal court proceedings on a given day on behalf of the prosecutor or public defender's office for the arraignment,first appearance, and bail hearing calendar. FAST Access passwords change on a daily basis, and logins and passwords are only available for use at the designated court and detention facilities and may not be shared. 3. I shall access and use only the .Court Records and Court Documents provided through FAST Access necessary for "legitimate governmental business needs." I understand a "legitimate governmental business need" for purposes of FAST Access is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with my cases on the court calendar for that day. I further understand that I may only access FAST Access from the designated court and detention facilities, and that access at any other time,for any other purpose,or from any other location is prohibited. 4. I shall not access or use Court Records and Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3,above. . 5. I will not share Court Records and Court Documents with third parties other than as needed to further ' legitimate governmental business needs as defined in paragraph 3, above. • . 6. I understand that the Court is not liable for any Court Records or Court Documents not available through FAST Access due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the.Court Records and Court Documents•provided through FAST Access. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for FAST Access. S. I understand that this is a pilot project that is subject to change. 9. I understand that should I violate paragraphs 3., 4., or 5.,it would result in the suspension or termination • of my access to FAST Access, and may result in the suspension or termination of the access to FAST Access by the Agency,and other civil and criminal liability. 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N w co a I° OC.c.. 01.1.40 City of Farmington 430 Third Street Farmington,Minnc rota �p�p�° 651.280.6800.Fax 651 280.6899 .A"""t www.ci.earm flg[i711.TT uss TO: Mayor, Councilmembers, City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: 2013 License Renewal Public Hearing DATE: December 3, 2012 INTRODUCTION/DISCUSSION Per City Code, a public hearing must be held to issue or renew On-Sale Liquor Licenses, On- Sale Sunday Liquor Licenses, On-Sale Wine Licenses, Club Licenses and Therapeutic Massage Licenses. The required applications, fees and insurance information have been submitted for renewal and have been reviewed and approved by the Police Department for the following establishments: On-Sale Liquor: Farmington Lanes, 27 5th Street Long Branch Saloon and Eatery, 309 3rd Street Big Sombrero Mexican Restaurant, 953 8th Street Tailgaters Sports Bar&Grill, 10 N 8th Street Pizza Man, 409 3rd Street Celt's Pub&Grill, 200 3rd Street The Mug, 18450 Pilot Knob Road On-Sale Sunday: Farmington Lanes, 27 5th Street Long Branch Saloon and Eatery, 309 3rd Street Big Sombrero Mexican Restaurant, 953 8th Street Tailgaters Sports Bar&Grill, 10 N 8th Street Pizza Man, 409 3rd Street Celt's Pub&Grill, 200 3rd Street The Mug, 18450 Pilot Knob Road VFW Club Post#7662, 421 3rd Street Club Licenses: VFW Club Post#7662, 421 3rd Street 80 On-Sale Wine&On-Sale Intoxicating Malt Liquor: B &B Pizza, 216 Elm Street Weng's Kitchen, 115 Elm Street Pilot Knob Pizzeria, 18500 Pilot Knob Road Dunn Bros Coffee, 20700 Chippendale Avenue Farmington Billiards, 933 8th Street Therapeutic Massage: Debbi Odegard, Tan Ambitions 923 S 8th Street Adam Steffen, Hadler Family Chiropractic, 625 8th Street Denson Malone, Touch of Soul Massage Therapy, 1212 Oak Street Jackie Klanchnik, HealthPro Chiropractic, 19685 Pilot Knob Road Michelle Connors, Sweet Serenity Massage, 324 3rd Street BUDGET IMPACT The fees collected are included in the revenue estimates of the 2013 budget. ACTION REQUESTED Approve the On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Intoxicating Malt Liquor and On- Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above. Respectfully submitted, Cynthia Muller Executive Assistant 81 /1a. Alto/am City of Farmington WA.' 430 Third Street Farmington,Minnesota t o4 651.280.6800•Fax 651.280.6899 p *NA moo* wwwci.farmington.mn.us TO: Mayor and City Council FROM: David J.McKnight,City Administrator SUBJECT: Final 2013 City Budget and Tax Levy DATE: December 3,2012 INTRODUCTION Included for your review with this memo are the resolutions to set the 2013 final property tax levy and a resolution to adopt the 2013 governmental budgets. The City Council approved a preliminary 2013 property tax levy in September of$8,808,865 which represented a$242,883 increase or 2.84%over the 2012 property tax levy. Since that time city staff has worked to reduce the property tax levy and refine the entire 2013 budget. DISCUSSION, The City of Farmington follows the typical budget timeline of other cities and counties in Minnesota. A preliminary tax levy is certified to the County Auditor by September 15th each year. A budget adoption date is also sent to the County Auditor for inclusion in the Truth in Taxation notices that are sent out to all property owners in November. Finally,the City Council will consider adoption of the final budget and tax levy at your meeting on December 3,2012 after receiving comments from residents. The budget that is included with this memo includes a number of important items/issues that are important to note: ✓ Revenues were reduced in the General Fund by$247,000 to better reflect anticipated revenues. ✓ Inclusion of the first payment($120,000)of the fire truck approved by the City Council in 2012. ✓ All anticipated personnel costs now included in the budget($107,000). ✓ Two full time positions(Human Resources and Community Development)and two part time positions(Police and Municipal Services)have been eliminated from the 2013 budget. In addition,we have reduced one full time position in the Police Department to part time. The estimated savings of these reductions is$242,000. ✓ The approach to assigning most employees to one budget or home business unit was changed after the preliminary budget was approved. Staff informed the City Council of the reason for this change. This change will show significant increases in the budgets for 82 Finance,Engineering and Municipal Services. In addition,the offsetting revenue for these increased costs is shown with a significant increase in the Transfer Revenue into the General Fund from the Sanitary,Storm Water and Water Funds. This change had no net impact on the tax levy. The change will also reduce the amount of work that is required at the staff level in many departments. Since the preliminary budget and tax levy were approved in September 2012,staff has reviewed the budget and reduced the proposed final tax levy. The proposed tax levy approved in September was$8,808,865. The proposed final tax levy included with this memo/budget now stands at$8,718,968. This proposed tax levy represents an increase of$152,986 or 1.79%over the final 2012 property tax levy. In addition,it represents an$89,897 reduction over the preliminary 2013 tax levy approved by the City Council in September. A broad look at the proposed 2013 tax levy is included below: Item Amount 2012 Tax Levy $8,565,982 Revenue Reductions(Add) $247,000 First Fire Truck Payment(Add) $120,000 All Personnel Costs(Add) $107,000 Staff Reductions(Subtract) $242,000 Gross Tax Levy $8,797,982 Additional Cuts(Subtract) $79,014 Net Tax Levy $8,718,968 As you are all aware,Truth in Taxation statements were sent out to all property owners in November. The information that was used to estimate city taxes for 2013 was based on the preliminary tax levy you approved in September. Since that time staff has worked to reduce the tax levy by almost$90,000. With that in mind,all of the numbers that you and other property owners see on your TNT statements will be reduced if the proposed tax levy is approved at the meeting tonight. Property tax values and changes will have a significant impact on changes that residence and business owners will see in any approved tax levy increase. Residential property values continue to fall in Farmington. Commercial/industrial values have declined in 2012 as well but at a lower rate than residential values. This means that the commercial/industrial properties will make up a larger portion of our tax capacity in 2013 compared to 2012 and therefore will be impacted more than residential properties. Even if the tax levy stayed the same as it was in 2012, commercial/industrial properties would pay more in taxes in 2013 than in 2012 based on property values and changes from 2012 to 2013. 2012 2013 %Increase(Decrease) Property Tax Levy $8,565,982 $8,718,968 1.79% Tax Capacity $13,576,755 $12,827,262 -5.84% 83 The 2013 budget process has again been a long process with many meetings and difficult decisions. Having a new city administrator bring a different approach to budgeting also put a new wrinkle on this process. There are many good things to come out of this budget process and the proposed budget. These items include: ✓ This is a solid budget document that includes all anticipated expenditures and takes a very conservative approach to revenues. This will go a long way towards starting to address the fund balance issue in the General Fund. ✓ The City Council has gained significant knowledge of both our budget and fund balance issues as a part of this process. We have a long way to go in planning the financial future of the city but that work has started and will be more significant in 2013. ✓ All inter-fund loans/liabilities were reported and shared with the City Council. These liabilities are now included in the budget document for all to see. ✓ Separate accounts have been established/continued for sealcoating and future building needs. I want to thank the City Council for the time that you have put into the 2013 budget process. In addition city staff members were very helpful and professional during this entire process. I have learned how to improve this budget process for 2014 and will work with all of those involved to refine the process we use for the 2014 budget. BUDGET IMPACT The action of the City Council tonight will establish the 2013 budget. ACTION REQUESTED After taking comment from any members of the audience who wish to share their thoughts,I recommend that a motion be made to approve the two attached resolutions adopting the tax levy for the year 2013 tax collectible and approving the 2013 budget. If you need any additional information before the meeting please contact me so we can have that information ready. Thank you for your time on this important matter. Respectfully submitted, David J.McKnight City Administrator 84 RESOLUTION NO.R__-2012 A RESOLUTION ADOPTING THE TAX LEVY FOR THE YEAR 2013 COLLECTION Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 3rd day of December 2012 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS,the City of Farmington is annually required by state law to approve a resolution setting forth an annual tax levy to the Dakota County Auditor;and WHEREAS,Minnesota Statute currently in place require certification of the tax levy to the Dakota County Auditor on or before December 28,2012;and WHERAS,summary details of the proposed budgets are contained in the budget submitted to the City Council. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Farmington,that the following sums of money be levied in 2012,collectible in 2013,upon the taxable property in said City of Farmington for the following purposes: General Fund $ 8,036,786 Special Levy(Ag Credit) $ 3,000 Debt Service(Schedule Attached) $2,720,801 Fire Levy $ 154,255 GROSS LEVY $10,914,842 Less Fiscal Disparities $2,195,874 NET LEVY $ 8,718,968 This resolution was adopted by recorded vote of the Farmington City Council in open session on the 3rd day of December 2012. Mayor Attested to on the 3rd day of December 2012. City Administrator 85 2013 BUDGET Summary of debt service levy to be attached and become part of the resolution R-_2012 FUND PROJECT LEVY AMOUNT 3080 GO Improvement Refunding Bonds of 2005A $176,450 (Pilot Knob Road Project Refinancing) 3085 GO Improvement Bonds 2005B $127,500 (Ash Street Project) 3090 GO Improvement Bonds 2006A $390,000 (Spruce Street Extension and Bridge/Hill Dee) 3095 GO Improvement Bonds 2008A/B $40,000 (Elm Street and 195th Street Projects) 3097 GO Improvement Bonds 2010A $396,000 (Police Station and Maintenance Facility) 3099 GO Improvement Refunding Bonds 2011A $300,000 (Main Street Project) 3110 GO Wastewater Treatment 1995 Bonds $60,000 (Wastewater Treatment Facilities Project) 3130 GO Capital Improvement Plan Bonds 2005C $168,234 (Fire Station#2 Project) 3135 GO Capital Improvement Plan Bonds 2007A $735,837 (City Hall and First Street Garage Projects) 3140 Public Safety Bonds 2007 $61,950 (DCC) 3300 GO Equipment Certificate 2010D $144,830 (Ice Sheet) XXXX Water Board Equipment Loan $120,000 (Fire Truck) The amount levied is less than the required amounts from the payment schedules for some of the bonds. The bonds are listed on the back of Form B which is part of this resolution. The city has sufficient sources to pay the bonds. These sources are also listed on Form B. 86 RESOLUTION NO.R_-2012 A RESOLUTION ADOPTING THE TAX LEVY FOR THE YEAR 2013 COLLECTION Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 3rd day of December 2012 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS,the City of Farmington Ordinance Chapter 7,Section 1-7-3 requires that an annual budget be submitted to the City Council which accurately reflects the financial needs of the City organization;and WHEREAS,Minnesota Statutes require approval of a resolution setting forth an annual budget and tax levy to the Dakota County Auditor on or before December 28,2012. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Farmington,that the 2013 operating budget shall be adopted. General Fund Revenues Expenditures Property Taxes $8,191,041 Licenses/Permits $381,550 Fines/Forfeitures $62,800 Interest $60,000 Intergovernmental $407,600 Charges for Services $491,650 Miscellaneous $32,500 Transfers from Other Funds $1,064,498 Administration $949,764 HR/IT $188,166 Finance $509,597 Police $4,010,417. Fire $900,504 Engineering $1,155,832 Municipal Services $1,262,851 Parks/Recreation $1,279,508 Transfers to Other Funds - $435.000 Total General Fund $10,691,639 $10,691,639 87 • Special Revenue Funds Revenues Expenditures Arena $286,500 $282,582 Park Improvement $69,500 $120,000 Police Forfeiture $4,000 $4,000 Economic Development $52,200 $45,120 Tax Increment $90,135 $85,825 Total Special Revenue $502,335 $537,527 Debt Service All Debt Service Funds $4,062,434 $4,322,703 Capital Projects Funds Capital Acquisition/Cable $140,000 $252,265 Street Construction/Maintenance $1,236,368 $842,000 Private Capital Project Fund $50,000 $50,000 Storm Water Trunk Fund $63,500 $267,633 Sanitary Sewer Trunk Fund $20,000 $152,800 Seal Coating Fund $350,000 $250,000 Total Capital Projects $1,859,868 $1,814,698 Total Governmental Funds $17,116,276 $17,366,567 This resolution was adopted by recorded vote of the Farmington City Council in open session on the 3rd day of December 2012. Mayor Attested to on the 3rd day of December 2012. City Administrator 88 CITY OF FARMINGTON 2013 BUDGET GENERAL FUND 2011 2012 2013 2014 REVENUES BUDGET BUDGET BUDGET ESTIMATED PROPERTY TAX LEVY $7,084,547 $7,839,637 $8,191,041 $8,513,830 LICENSES/PERMITS $431,455 $431,455 $381,550 $396,150 FINES/FORFEITURES $70,000 $70,000 $62,800 $62,800 INTEREST $200,000 $80,000 $60,000 $63,000 INTERGOVERNMENTAL $405,590 $405,590 $407,600 $407,600 CHARGES FOR SERVICE $578,678 $617,649 $491,650 $495,150 MISCELLANEOUS $69,000 $79,007 $32,500 $32,500 TOTAL REVENUE $8,839,270 $9,523,338 $9,627,141 $9,971,030 TRANSFERS IN . EDA $0 $0 $0 $0 LIQUOR OPERATIONS $70,007 $70,007 $50,000 $50,000 SEWER $70,007 $70,007 $70,007 $70,007 STORM WATER • $70,007 $70,007 $305,306 $308,835 SOLID WASTE $70,007 $70,007 $70,007 $70,007 WATER $70,007 $70,007 $376,739 $381,340 SANITARY $0 $0 $192,439 $195,326 TOTAL TRANSFERS IN $350,035 $350,035 $1,064,498 $1,075,515 GRAND TOTAL REVENUES $9,189,305 $9,873,373 $10,691,639 $11,046,545 EXPENDITURES ADMINISTRATION $932,197 $896,656 $949,764 $996,309 HUMAN RESOURCES $238,159 $248,329 $188,166 $199,358 FINANCE $429,658 $425,357 $509,597 $528,827 POLICE $3,868,994 $3,877,398 $4,010,417 $4,058,005 FIRE $714,085 $836,930 $900,504 $1,090,716 ENGINEERING $896,866 $890,922 $1,155,832 $1,182,546 MUNICIPAL SERVICES $802,352 $800,891 $1,262,851 $1,245,858 PARKS/RECREATION $888,981 $1,201,890 $1,279,508 $1,309,926 TOTAL EXPENDITURES $8,771,292 $9,178,373 $10,256,639 $10,611,545 TRANSFERS OUT RECREATION OPERATING $140,700 $120,000 $0 $0 SEAL COATING $0 $350,000 $350,000 $350,000 11/21/2012 89 General Fund Summary EDA $0 $225,000 $50,000 $50,000 .... DEBT SERVICES $233,973 $0 $20,000 $20,000 BUILDING FUND $0 $0 $15,000 $15,000 TOTAL TRANSFERS OUT $374,673 $695,000 $435,000 $435,000 ..._..._.. GRAND TOTAL EXPENDITURES $9,145,965 $9,873,373 $10,691,639 $11,046,545 DCCESS(DEFlaENCY)OF $43,340 $0 $0 REVENUE AND OTHER FINANCING SOURCES OVER _ EXPENDITURES FUND BALANCE 1/1 $2,207,772 $2,207,772 $2,207,772 $2,207,772 FUND BALANCE 12/31 $2,200,074 $2,207,772 $2,207,772 $2,207,772 11/21/2012 General Fund Summary 90 CITY OF FARMINGTON 2013 BUDGET SPECIAL REVENUE BUDGET SUMMARY REVENUES 2012 2013 2014 EDA $4,779 $2,200 $2,200 TIF DIST.2 $85,000 $85,000 $85,000 TIF DIST.13 $5,135 $5,135 $5,135 POUCE FORFEITURE $4,000 $4,000 $4,000 PARK IMPROVEMENT $69,500 $69,500 $58,400 ICE ARENA $308,300 $286,500 $291,550 TOTAL REVENUE $476,714 $452,335 $446,285 EXPENDITURES 2012 2013 2014 EDA $5,695 $11,620 $11,620 TIF DIST.2 $8,204 $8,204 $8,204 TIF DIST.13 $5,121 $5,121 $5,121 POLICE FORFEITURE $4,000 $4,000 $4,000 PARK IMPROVEMENT $170,000 $120,000 $70,000 ICE ARENA $301,756 $282,582 $295,471 TOTAL EXPENDITURES $494,776 $431,527 $394,416 TRANSFERS 2012 2013 2014 TRANFERS IN $50,000 $50,000 $50,000 TRANSFERS OUT -$106,000 -$106,000 -$106,000 TOTAL TRANSFERS -$56,000 -$56,000 -$56,000 REV AND TRANS IN $526,714 $502,335 $496,285 EXPEN AND TRAN OUT $600,776 $537,527 $500,416 11/21/2012 91 Special Revenue Budget(TIF,Arena, EDA) CITYOFFARMINGTON 2013 BUDGET EDA-2000 REVENUES APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 4955 INTEREST $2,700 $3,195 11833% $2,284 $2,135 93.48% $2,200 $2,200 4975 RENTAL INCOME $13,761 $2,675 19.44% $0 $0 #DIV/01 $0 $0 5010 SALE OF ASSETTS $0 $123,901 #DIV/0 I $0 $0 UOIV/01 $0 $0 5350 MISCELLANEOUS $2,625 $3,657_ 139.31% $2,495 $0 0.00% $0 $0 TOTAL REVENUE $19,086 $133,428 699.09% $4,779 $2,135 44.67% $2,200 $2,200 EXPENSES 6100 PERSONAL SERVICES $0 $0 #1)1V/O1 $0 $0 #DIV/0 I $0 $0 6200 SUPPLIES $0 $0 #DIV/01 $0 $0 ifINV/0 I $0 $0 6400 OTHER SERVICES/CHARGES $19,086 $36,858 193.12% $5,695 $9,728 170.82% $11,620 $11,620 6900 CAPITAL OUTLAY $0 $0 #DIV/0 I $0 $0 #DIV/01 $0 $0 TOTAL EXPENSES $19,086 $36,858 193.12% $5,695 $9,128 170.82% $11,620 $11,620 INCOME(LOSS)BEFORE $0 $96,570 #DIV/01 -$916 -$7,593 828.93% -$9,420 -$9,420 TRANSFERS TRANSFERS 7310 TRANSFER OUT(ST.TRUNK) $33,500 -$33,500 100.00% -$33,500 $0 0.00% -$33,500 -$33,500 7310 TRANSFER IN(GEN FUND) $0 $2,930 #1)111/01 $225,000 $168,750 75.00% $50,000 $50,000 TOTAL TRANSFERS -$33,500 -$30,570 91.25% $191,500 $168,750 88.12% $16,500 $16,500 TOTAL AFTER TRANSFERS -$33,500 , $66,000 -197.01%, $190,584 $161,157 84.56% $7,080 $7,080 11/13/2012 92 Special Revenue Budget(TIF,Arena, EDA) CITY OF FARMINGTON 2013 BUDGET EDA ADOPTED THROUGH APPROVED THROUGH REQUESTED ESTIMATED PERSONNEL 2011 12/2011 % 2012 9/2012 % 2015 2014 6110 SALARIES-FT $0 $0 #DIV/01 $0 $0 #DIV/0I $0 $0 1 6112 SALARIES-0T $0 $0 #DIV/01 $0 $0 #D1V/01 $0 $0 6120 SALARIES-PT $0 $0 #DIV/01 $0 $0 4DIV/01 $0 $0 6130 COMP TIME $0 $0 #DIV/01 $0 $0 #DIV/01 $0 $0 6135 OTHER PAY $0 $0 #DIV/01 $0 $0 #DIV/01 $0 $0 6152 FICA/MEDICARE $0 $0 #DIV/OI $0 $0 #DIV/01 $0 $0 • 6154 PERA $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 _ 6156 HCSP $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 6158 EMPLOYEE BENEFITS $0 $0 #DIV/01 $0 $0 #DIV/0I $0 $0 6159 WORKERS COMP $0 $0 #DIV/01 $0 $0 #DIV/0I $0 $0 TOTAL PERSONNEL $0 $0 8DIV/01 $0 $0 8DIV/01 $0 $0 SUPPLIES 5502 COST OF GOODS SOLD $0 $0 #DIV/01 $0 $0 #DIV/01 $0 $0 6220 EQUIPMENT/SUPPLIES $0 $0 #DIV/01 $0 $0 #DIV/OI $0 $0 TOTAL SUPPLIES $0 $0 8DIV/01 $0 $0 8DIV/01 $0 $0 • OTHER SERVICES 6401 PROFESSIONAL SERVICES $8,646 $7,251 83.87% $3,220 $8,069 250.59% $8,220 $8,220 _ 6403 LEGAL SERVICES $5,171 $23,124 447.19% $2,000 $765 38.25% $2,000 $2,000 6411 TELEPHONE $0 $0 #D1V/01 $0 $0 #DIV/01 $0 $0 6412 CELLULAR TELEPHONES $0 $0 #DIV/01 _ $0 $0 #DIV/0I $0 $0 6421 MUN la PAL SERVICES $0 $66 #DIV/OI $0 $0 #DIV/01 $0 $0 _ _ 6422 ELECTRICAL $628 $432 68.79% $475 $162 34.11% $400 $400 6423 NATURAL GAS $0 $0 #DIV/01 $0 $0 #DIV/01 $0 $0 _ 6426 INSURANCE $996 $996 100.00% $0 $747 #DIV/OI $1,000 $1,000 6445 POSTAGE $0 $0 #DIV/01 $0 $0 #DIV/01 $0 $0 6450 OUTSIDE PRINTING $0 $183 #DIV/01 _ $0 $0 #DIV/01 $0 $0 6460 DUES/SUBSCRIPTIONS $0 $1,220 #DIV/0I $0 $0 #DIV/01 $0 $0 6470 TRAINING/SUBSTINANCE $445 $40 8.99% $0 $0 #DIV/01 $0 $0 6485 MILEAGE $200 $36 18.00% $0 $0 #DIV/01 $0 $0 6570 PROGRAM EXPENSE $3,000 $3,510 117.00% $0 -$15 #DIV/01 $0 $0 7420 MISCELLANEOUS $0 $0 #DIV/0I $0 $0 #DIV/01 $0 $0 TOTAL OTHER SERVICES $19,086 $36,858 3.93.12% $5,695 $9,728 170.82% $11,620 $11,620 TOTAL BUDGET $19,086 $36,858 193.12% $5,695 $9,728 170.82% $11,620 $11,620 11/13/2012 93 Special Revenue Budget(TIF,Arena,EDA) CITY OF FARMINGTON 2013 BUDGET I TIF DISTRICT 2-CITY CENTER • REVENUES ADOPTED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 8/2012 % 2013 2014 4020 TAX INCREMENT EXCESS $0 $11,119 #DIV/0I $0 $0 #DIV/0I $0 $0 4025 TAX INCREMENT $85,000 $135,879 159.86% $85,000 $67,470 79.38% $85,000 $85,000 4955 INTEREST $0 $0 0.00% $0 $0 #DIV/0I $0 $0 5045 DEDICATED FEES $0 $0 #DIV/OI $0 $0 #DIV/OI $0 $0 5350 MISCELLANEOUS $0 $0 #DIV/OI $0 $0 #DIV/0I $0 $0 5355 DONATIONS $0 $0 0.00% $0 $0 #DIV/OI $0 $0 TOTAL REVENUE $85,000 $146,998 172.94% $85,000 $67,470 79.38% $85,000 $85,000 EXPENDITURES 6100 PERSONNEL $2,000 $2,000 100.00% $2,000 $0 0.00% $2,000 $2,000 6401 PROFESSIONAL SERVICES . $1,000 $1,000 100.00% $1,000 $575 57.50% $1,000 $1,000 6470 TRAINING/SUBSISTANCE $0 $0 #DIV/01 $0 $260 #DIV/01 $0 $0 6550 DEVELOPER PAYMENTS $5,204 $5,204 100.00% $5,204 $5,203 99.98% $5,204 $5,204 6900 CAPITAL OUTLAY $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 7010 CONSTRUCTION $0 $0 #DIV/0I $0 $0 #DIV/OI $0 $0 TOTAL EXPENDITURES $8,204 $8,204 • 100.00% $8,204 $6,038 73.60% $8,204 $8,204 TRANSFERS 7310 DEBT 2004B(3235) ($71,705) ($71,705) 181.11% ($72,500) $0 0.00% ($72,500) ($72,500) TOTAL TRANSFERS ($71,705) ($71,705) 96.91% ($72,500) $0 0.00% ($72,500) ($72,500) TOTAL BUDGET $79,909 $79,909 93.72% $80,704 $6,038 7.48% $80,704 $80,704 CHANGE IN FUND BAL. $5,091 $4,296 $4,296 $4,296 FUND BALANCE 1/1 $180,633 $190,815 $195,111 $199,407 FUND BALANCE 12/31 $185,724 $195,111 $199,407 $203,703 11/13/2012 94 Special Revenue Budget(TIF,Arena, EDA) CITY OF FARMINGTON 2013 BUDGET TIF DISTRICT 13-EAGLES _ • REVENUES ADOPTED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 8/2012 % 2013 2014 4020 TAX INCREMENT EXCESS ' $0 $261 #DIV/01 $0 $0 #DIV/O! $0 $0 4025 TAX INCREMENT $5,000 $3,079 61.58% $5,135 $233 4.54% $5,135 $5,135 4955 INTEREST $0 $0 0.00% $0 $0 #DIV/0I $0 $0 5045 DEDICATED FEES $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 5350 MISCELLANEOUS $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 5355 DONATIONS $0 $0 0.00% $0 $0 #DIV/0I $0 $0 TOTAL REVENUE $5,000 $3,340 66.80% $5,135 $233 4.54% $5,135 $5,135 EXPENDITURES 6100 PERSONNEL $0 $0 #DIV/01 $0 $0 #DIV/0I $0 $0 6401 PROFESSIONAL SERVICES $500 $500 100.00% $500 $500 100.00% $500 $500 6470 TRAINING/SUBSISTANCE $0 $0 #DIV/01 $0 $260 #DIV/0I $0 $0 6550 DEVELOPER PAYMENTS $4,500 $4,500 100.00% $4,621 $0 0.00% $4,621 $4,621 6900 CAPITAL OUTLAY $0 $0 #DIV/01 $0 $0 #DIV/01 $0 $0 7010 CONSTRUCTION $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 TOTAL EXPENDITURES $5,000 $5,000 100.00% $5,121 $760 14.84% $5,121 $5,121 TRANSFERS 7310 NONE $0 $0 #DIV/0I $0 $0 #DIV/01 $0 $0 TOTAL TRANSFERS $0 $0 #DIV/OI $0 $0 #DIV/01 $0 $0 TOTAL BUDGET $5,000 $5,000 100.00% $5,121 $760 14.84% $5,121 $5,121 CHANGE IN FUND BAL. $0 $14 $14 $14 FUND BALANCE 1/1 $7,156 $7,156 $7,170 $7,184 ,FUND BALANCE 12/31 $7,156 $7,170 $7,184 $7,198 11/13/2012 95 Special Revenue Budget(TIF,Arena,EDA) CITY OF FARMINGTON 2013 BUDGET 2100 POLICE FORFEITURES REVENUES ADOPTED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 5010 SALE OF PROPERTY $2,000 $0 0.00% $4,000 $5,160 129.00% $4,000 $4,000 5450 MISCELLANEOUS $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 TOTAL REVENUE '$2,000 $0 0.00% $4,000 $5,160 129.00% $4,000 $4,000 EXPENDITURES 6100 PERSONNEL $0 $0 #DIV/0I $0 $0 #DIV/0I $0 $0 6234 LICENSES/TABS $0 $0 #DIV/oI $0 $25 #DIV/0I $0 $0 6250 SUPPLIES $2,000 $0 0.00% $2,000 $2,171 108.55% $2,000 $2,000 6401 OTHER SERVICES $2,000 $0 0.00% $2,000 $0 0.00% $2,000 $2,000 6403 LEGAL $0 $0 #DIV/01 $0 $1,475 #DIV/0I $0 $0 6900 CAPITAL OUTLAY $0 $0 #DIV/0! $0 $0 #DIV/0I $0 $0 TOTAL EXPENDITURES $4,000 $0 0.00% $4,000 $3,671 91.78% $4,000 $4,000 CHANGE IN FUND BAL ($2,000) $0 0.00% $0 $1,489 #DIV/01 $0 $0 FUND BALANCE 1/1 $4,429 FUND BALANCE 12/31 $2,429 11/13/2012 96 Special Revenue Budget(TIF,Arena,EDA) CITY OF FARMINGTON 2013 BUDGET 2300 . PARK IMPROVEMENT FUND • REVENUES ADOPTED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 4901 ASSESSMENTS $0 $54,827 #DIV/0I $40,000 $20,458 51.15% $50,000 $40,000 4955 INTEREST $400 $2,359 589.75% $500 $273 54.60% $1,000 $12,500 5045 DEDICATED FEES $20,000 $11,556 57.78% $25,000 $0 0.00% $10,000 $400 5350 MISCELLANEOUS $3,000 $3,232 107.73% $3,500 $2,000 57.14% $8,000- $0 5355 DONATIONS $0 $459 #DIV/OI $500 $0 0.00% $500 $5,500 TOTAL REVENUE $23,400 $72,433 309.54% $69,500 $22,731 - 32.71% $69,500 $58,400 EXPENDITURES 6200 SUPPLIES $0 $0 #DIV/0I $0 $136 #DIV/0I $0 $0 6400 OTHER SERVICES $1,000 $3,763 376.30% $0 $9,683 #DIV/01 $0 $0 6900 CAPITAL OUTLAY $0 $7,133 #DIV/01 $100,000 $0 0.00% $20,000 $20,000 7010 CONSTRUCTION $25,000 $0 0.00% $70,000 $152,893 218.42% $100,000 $50,000 7140 LEGAL $0 $0 #DIV/OI $0 $121 #DIV/0I $0 $0 TOTAL EXPENDITURES $26,000 $10,896 41.91% $170,000 $162,833 95.78% $120,000 $70,000 CHANGE IN FUND BAL ($2,600) $61,537 ##II##### ($100,500) ($140,102) 139A0% ($50,500) ($11,600) FUND BALANCE 1/1 $213,992 $213,992 $275,529 $175,029 $124,529 FUND BALANCE 12/31 $211,392 $275,529 $175,029 $124,529 $112,929 11/13/2012 97 Special Revenue Budget(TIF,Arena,EDA) CITY OF FARMINGTON 2013 BUDGET ICE ARENA . _ ... ..._ REVENUES - APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED _ 2011 12/2011 % 2012 8/2012 % 2013 2014 . . ..._ . __._ 4512 SUMMER ACTIVITIES $500 $531 106.20% $500 $495 99.00% $500 $500 4668 CONCESSIONS $4,700 $489 10.40% $1,000 $101 10.10% $500 $500 4810 ICE RENTAL $250,000 $255,936 102.37% $255,000 $107,171 42.03% $250,000 $255,000 4815 INSTRUCTION $17,000 $15,189 89.35% $17,000 $6,712 39.48% $14,500 $14,500 4820 OPEN SKATING $5,000 $4,116 82.32% $2,500 $1,588 63.52% $3,000 $3,000 4825 ADMISSIONS $15,000 $730 4.87% $15,000 $0 0.00% $0 $0 - ----- - 4830 SKATE SHARPENING $4,000 $2,075 51.88% $2,500 $739 29.56% $1,500 $1,500 4835 ADVERTISING $9,000 $6,171 68.57% $9,500 $500 5.26% $6,000 $6,000 4840 SKATE SHOW $4,500 $4,158 92.40% $4,500 $3,115 69.22% $4,000 $4,000 5010 MERCHANDISE SALES $0 $840 #DIV/01 $800 $176 22.00% $800 $850 5350 MISCELLANEOUS $0 $1,431 #DIV/0 I $0 $789 #DIV/0 I $700 $700 5355 FYHA/DONATION $0 $0 #DIV/0 I $0 $5,106 #DIV/01 $5,000 $5,000 TOTAL REVENUE $309,700 $291,666 94.18% $308,300 $126,492 41.03% $286,500 $291,550 EXPENSES 6100 PERSONAL SERVICES $175,115 $198,517 113.36% $176,800 $96,460 54.56% $156,960 $162,915 6200 SUPPLIES $17,350 $10,542 60.76% $14,450 $10,952 75.79% $16,000 $16,550 6400 OTHER SERVICES/CHARGES $112,682 $97,422 86.46% $110,506 $57,538 52.07% $109,622 $116,006 6900 CAPITAL OUTLAY $0 $0 #DIV/01 $0 $0 #D1V/01 $0 $0 .__ ......_ TOTAL EXPENSES $305,147 $306,481 100.44% $301,756 $164,950 54.66% $282,582 $295,471 INCOME(LOSS)BEFORE $4,553 -$14,815 -325.39% $6,544 -$38,458 -587.68A $3,918 -$3,921 TRANSFERS 11/13/2012 98 Special Revenue Budget(TIF,Arena,EDA) • CITY OF FARMINGTON 2013 BUDGET ICE ARENA ADOPTED THROUGH APPROVED THROUGH REQUESTED ESTIMATED PERSONNEL . 2011 12/2011 % 2012 9/2012 % 2013 2014 6110 SALARIES-FT $101,441 $102,494 101.04% $94,860 $44,821 47.25% $87,295 $91,491 6112 SALARIES-0T $2,725 $963 35.34% $0 $172 #DIV/01 $0 $0 6120 SALARIES-PT $19,910 $37,340 187.54% $37,390 $20,895 55.88% $39,209 $39,798 6130 COMP TIME $0 $824 #D1V/01 $0 $0 #DIV/01 $800 $800 6135 OTHER PAY $0 $1,270 #D1V/01 $0 $684 #DIV/01 $1,300 $1,300 6152 FICA/MEDICARE $9,492 $10,174 107.18% $10,117 $5,021 49.63% $9,838 $10,204 6154 PERA $7,552 $10,837 143.50% $7,530 $4,234 56.23% $6,481 $6,785 ' 6156 HCSP $0 $68 #DIV/01 $0 $0 #DIV/01 $436 $436 6158 EMPLOYEE BENEFITS $33,995 $34,547 101.62% $26,903 $19,463 72.35% $11,600 $12,100 6159 WORKERS COMP $0 $0 #DIV/01 $0 $1,170 #DIV/01 $0 $0 • TOTAL PERSONNEL $175,115 $198,517 113.36% $176,800 $96,460 54.56% $156,960 $162,915 SUPPLIES 5502 COST OF GOODS SOLD $1,400 $1,164 83.14% $1,400 $1,807 129.07% $1,400 $1,400 6220 EQUIPMENT/SUPPLIES $6,800 $3,038 44.68% $1,600 $2,015 125.94% $3,000 $3,000 6240 BUILDING SUPPLIES $5,100 $2,558 50.16% $7,600 $5,270 69.34% $7,600 $7,950 6250 OTHER SUPPLIES $750 $554 73.87% $750 $27 3.60% $750 $750 _....._ 6255 LANDSCAPE MATERIALS $200 $302 151.00% $0 $0 1101 Viol $50 $50 6272 FUEL $2,000 $1,759 87.95% $2,000 $1,031 51.55% $2,000 $2,200 6290 UNIFORMS $1,100 $1,167 106.09% $1,100 $802 72.91% $1,200 $1,200 TOTAL SUPPLIES $17,350 $10,542 60.76% $14,450 $10,952 75.79% $16,000 $16,550 OTHER SERVICES 6401 PROFESSIONAL SERVICES $6,000 $8,249 137.48% $6,000 $6,408 106.80% $6,000 $6,500 6404 IT SERVICES $2,587 $2,587 100.00% $2,936 $2,197 74.83% $9,872 $11,331 6411 TELEPHONE $625 $831 132.96% $1,000 $362 36.20% $1,000 $1,000 6412 CELLULAR TELEPHONES $1,000 $0 0.00% $500 $0 0.00% $500 $500 6421 MUNICIPAL SERVICES $7,000 $4,453 63.61% $7,000 $3,650 52.14% $5,000 $5,100 6422 ELECTRICAL $43,000 $38,356 89.20% $45,000 $23,882 53.07% $42,000 $43,000 6423 NATURAL GAS $22,800 $15,041 65.97% $23,000 $6,945 30.20% $20,000 $21,000 6426 INSURANCE $8,000 $8,000 100.00% $8,000 $6,001 75.01% $8,000 $8,100 6445 POSTAGE $0 $0 #D1V/01 $0 $0 #D1V/01 $0 $0 6450 OUTSIDE PRINTING $500 $115 23.00% $500 $0 0.00% $500 $500 6460 DUES/SUBSCRIPTIONS $3,095 $1,146 37.03% $3,020 $1,680 55.63% $2,000 $2,175 6470 TRAINING/SUBSTINANCE $1,450 $959 66.14% $1,500 $496 33.07% $1,500 $1,600 6485 MILEAGE $0 $234 #DIV/01 $0 $0 #DIV/01 $250 $250 6492 ADVERTISING $0 $195 #DIV/OI $0 $0 #DIV/0! $250 $250 11/13/2012 99 Special Revenue Budget(TIF,Arena,EDA) 6505 EQUIPMENT MAINT. $8,750 $4,133 47.23% $4,750 $2,755 58.00% _$_4,750 $5,550 6510 VEHICLE REPAIR $0 $0 #DIV/OI $0 $0 #DIV/0I $0 $0 6515 BUILDING MAINT. $4,800 $1,897 39.52% $3,300 $395 11.97% $3,300 $4,150 6545 CREDIT CARD FEES $0 $0 #DIV/0I $0 $0 #DIV/0! $0 $0 6555 EQUIPMENT RENTAL $0 $5,597 #DIV/0I $0 $0 #DIV/O! $0 $0 6556 BUILDING RENT $0 $0 #DIV/OI $0 $0 #DIV/01 $0 $0 6570 PROGRAM EXPENSE $3,075 $5,611 182.47% $4,000 $2,767 69.18% $4,700 $5,000 7420 MISCELLANEOUS $0 $18 #DIV/01 $0 $0 #DIV/0! $0 $0 TOTAL OTHER SERVICES $112,682 $97,422 86.46% $110,506 $57,538 52.07% $109,622 $116,006 TOTAL BUDGET $305,147 $306,481 100.44% $301,756 $164,950 54.66% $282,582 $295,471 I 1 11/13/2012 Special Revenue Budget(TIP,Arena,EPA) 100 crnr OF FARMINGTON 2012 BUDGET DEBT SUMMARY REVENUES 2011 2012. 2013 2014 4011 PROPERTY TAX $2,441,760 $2,598,414 $2,720,801 $2,713,800 4110 SPECIAL ASSESSMENTS $291,433 $248,968 $243,282 $224,425 4955 DEFERRED ASSESSMENTS $0 $0 $0 $331,598 TOTAL REVENUE $2,733,193 $2,847,382 $2,964,083 $3,269,823 EXPENDITURES 7110 PRINCIPAL $2,605,095 $2,962,207 $3,052,540 $3,107,032 7120 INTEREST $1,478,335 $1,363,032 $1,270,163 $1,171,615 TOTAL EXPENDITURES $4,083,430 $4,325,239 $4,322,703 $4,278,647 OTHER FINANCING SOURCES AND USES 5105 BOND PROCEEDS $0 $0 $0 $0 5205 TRANSFERS IN $1,862,005 $1,166,209 $1,098,351 $1,091,430 XXXX TRANSFERS OUT -$19,104 $0 $0 $0 TOTAL OTHER $1,842,901 $1,166,209 $1,098,351 $1,091,430 EXCESS(DEFICIENCY)OF $492,664 -$311,648 -$260,269 $82,606 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $783,507 $1,276,171 $964,523 $704,254 FUND BALANCE 12/31 $1,276,171 $964,52-3-1 $704,254 $786,860 11/13/2012 101 Debt Service Budgets and Summary CITY OF FARMINGTON 2013 BUDGET CAPITAL PROJECTS FUND BUDGET SUMMARY REVENUES 2012 2013 2014 SANITARY SEWER TRUNK FUND $17,484 $20,000 $15,000 CAPITAL ACQUISITION/CABLE FUND $140,000 $140,000 $140,000 STREET RECONSTRUCTION/ROAD AND BRIDGE FUND $518,760 $845,781 $834,956 MUNICIPAL BUILDING FUND $0 $0 $0 STORM WATER TRUNK FUND $10,000 $10,000 $20,000 PRIVATE CAPITAL PROJECTS FUND $50,000 $50,000 $50,000 PERMANENT IMPROVEMENT REVOLVING FUND $9,000 $0 $0 SEAL COATING FUND $0 $0 $0 TOTAL REVENUES $745,244 $1,065,781 $1,059,956 EXPENDITURES SANITARY SEWER TRUNK FUND $0 $95,000 $0 CAPITAL ACQUISITION/CABLE FUND $70,500 $252,265 $60,000 STREET RECONSTRUCTION/ROAD AND BRIDGE FUND $85,000 $0 $0 MUNICIPAL BUILDING FUND $0 $0 $0 STORM WATER TRUNK FUND $60,000 $60,000 $60,000 PRIVATE CAPITAL PROJECTS FUND $50,000 $50,000 $50,900 PERMANENT IMPROVEMENT REVOLVING FUND $208 $0 $0 SEAL COATING FUND $258,796 $250,000 $300,000 TOTAL EXPENDITURES $524,504 $707,265 $470,000 TRANSFERS IN $931,653 $794,084 $794,088 TRANSFERS OUT -$1,265,572 -$1,107,433 -$1,095,633 TOTAL TRANSFERS -$333,919 -$313,349 -$301,545 REVENUE AND TRANSFERS IN $1,676,897 $1,859,865 $1,854,044 EXPENDITURES AND TRANSFERS OUT $1,790,076 , $1,814,698 $1,565,633 1.1/21/2012 102 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET SANITARY SEWER TRUNK FUND REVENUES 2011 2012 2013 2014 4100 SPECIAL ASSESSMENTS $50,000 $17,484 $15,000 $10,000 4335 CITY SAC $35,000 $0 $5,000 $5,000 4625 DEDICATED FEES $5,000 $0 $0 $0 4955 INVESTMENT INCOME $0 $0 $0 $0 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $90,000 $17,484 $20,000 $15,000 EXPENDITURES CAPITAL OUTLAY $0 $0 $0 $0 PROFESSIONAL SERVICES $0 $0 $0 $0 CONSTRUCTION $0 $0 $95,000 $0 MISCELLANEOUS $0 $0 $0 $0 • TOTAL EXPENDITURES $0 $0 $95,000 $0 OTHER FINANCING SOURCES AND USES 5105 BOND PROCEEDS $0 $0 $0 $0 5210 TRANSFERS IN $0 $0 $0 $0 7310 TRANSFERS OUT(BOND 3095) -$15,000 -$72,800 -$57,800 $0 TOTAL OTHER -$15,000 -$72,800 -$57,800 $0 EXCESS/(DEFICIENCY)OF $75,000 -$55,316 -$132,800 $15,000 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $197,098 $272,098 $216,782 $83,982 FUND BALANCE 12/31 $272,098 $216,782 $83,982 $98,982 2013 PROJECT IS NEW SEWER EAST OF HIGHWAY 3 BETWEEN OAK AND SPRUCE 11/19/2012 103 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET 4005 CAPITALACQUISMON/CABLE FUND REVENUES 2011 2012 2013 2014 4011 PROPERTY TAXES(DEBT) $162,600 $0 $0 $0 4404 FEDERAL GRANT $0 $0 $0 $0 4955 INVESTMENT INCOME $0 $0 $0 $0 5095 CABLE FRANCHISE FEES $140,000 $140,000 $140,000 $140,000 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $302,600 $140,000 $140,000 $140,000 EXPENDITURES 6401 COMMUNICATIONS PROJECTS $50,000 $50,000 $252,265 $60,000 6250 OTHER SERVICES/CHARGES $500 $20,500 $0 $0 7110 PRINCIPAL RETIREMENT $160,000 $0 $0 $0 7120 INTEREST AND FISCAL CHARGES $7,525 $0 $0 $0 TOTAL EXPENDITURES $218,025 $70,500 $252,265 $60,000 • OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $0 $0 $0 $0 7310 TRANSFERS OUT $0 $0 $0 $0 TOTAL OTHER $0 $0 $0 $0 EXCESS/(DEFICIENCY)OF $84,575 $69,500 -$112,265 $80,000 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $196,105 $280,680 $350,180 $237,915 FUND BALANCE 12/31 $280,680 $350,180 $237,915 $317,915 2013 EXPENDITURES INCLUDE: EQUIPMENT REPLACEMENT $200,000 COOPERATIVE AGREEMENT $44,265 LEGAL/FRANCHISE FEE WORK $8,000 11/19/2012 104 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET 4100 STREET RECONSTRUCTION AND MAINTENANCE FUND(ROAD AND BRIDGE FUND) REVENUES 2011 2012 2013 2014 4100 SPECIAL ASSESSMENTS $77,197 $38,760 $37,029 $34,457 4428 INTERGOVERNMENTAL-STATE $1,126,293 $480,000 $500,000 $500,000 4450 INTERGOVERNMENTAL-COUNTY $598,203 $0 $0 $0 DEFERRED ASSESSMENTS $0 $0 $308,752 $300,499 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $1,801,693 $518,760 $845,781 $834,956 EXPENDITURES 195TH STREET EAST EXTENSION $0 $85,000 $0 $0 4119 WALNUT STREET RECONSTRUCTION $0 $0 $0 $0 MISCELLANEOUS $126,434 $0 $0 $0 TOTAL EXPENDITURES $126,434 $85,000 $0 $0 OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $41,711 $430,388 $390,587 $390,588 7310 TRANSFERS OUT -$1,045,000 -$829,391 -$842,000 -$888,000 TOTAL OTHER -$1,003,289 -$398,803 -$451,413 -$497,412 EXCESS/(DEFICIENCY)OF $671,970 $34,957 $394,368 $337,544 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $2,180,217 $2,852,187 $2,887,144 $3,281,512 FUND BALANCE 12/31 $2,852,187 $2,887,144 $3,281,512 $3,619,056 • • 11/19/2012 105 Capital Projects Budgets and Summary I CITY OF FARMINGTON I 2013 BUDGET 4200 MUNICIPAL BUILDING FUND REVENUES 2011 2012 2013 2014 4405 STATE GRANT $0 $0 $0 $0 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $0 $0 $0 $0 EXPENDITURES 7010 CONSTRUCTION $0 $0 $0 $0 7100 DEBT SERVICE $0 $0 $0 $0 TOTAL EXPENDITURES $0 $0 $0 $0 OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $0 $0 $0 $0 7310 TRANSFERS OUT -$268,138 $0 $0 $0 TOTAL OTHER $262,138 $0 $0 $0 EXCESS/{DEFICIENCY)OF $268,138 $0 $0 $0 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $268,138 $0 $0 $0 FUND BALANCE 12/31 $0 $0 $0 $0 THIS FUND WAS CLOSED IN 2012 11/19/2012 106 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET 4400 STORM WATER TRUNK FUND REVENUES 2011 2012 2013 2014 4110 SPECIAL ASSESSMENTS $0 $0 $0 $0 4630 DEDICATED FEES $25,000 $10,000 $10,000 $20,000 4955 INVESTMENT INCOME $0 $0 $0 $0 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $25,000 $10,000 $10,000 $20,000 EXPENDITURES 7010 CONSTRUCTION $0 $0 $0 $0 PROFESSIONAL SERVICES $0 $10,000 $10,000 $10,000 _ . 195TH STREET STORM SEWER $0 $0 $0 $0 MISCELLANEOUS $50,000 $50,000 $50,000 $50,000 TOTAL EXPENDITURES $50,000 $60,000 $60,000 $60,000 OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $53,500 $53,500 $53,500 $53,500 7310 TRANSFERS OUT -$34,730 -$257,024 -$207,633 -$207,633 TOTAL OTHER $18,770 -$203,524 -$154,133 -$154,133 EXCESS/(DEFICIENCY)OF -$6,230 -$253,524 -$204,133 -$194,133 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $3,690,243 $3,684,013 $3,430,489 $3,226,356 FUND BALANCE 12/31 $3,684,013 $3,430,489 $3,226,356 $3,032,223 TRANSFERS IN ARE EDA LOAN($33,500)AND RRC LOAN($20,000) TRANSFERS OUT IS FOR THE 195TH STREET PROJECT I. 11/19/2012 • 107 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET 4600 PRIVATE CAPITAL.PROJECTS FUND REVENUES 2011 2012 2013 2014 4610 DEDICATED FEES $50,000 $50,000 $50,000 $50,000 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $50,000 $50,000 $50,000 $50,000 EXPENDITURES 6401 PROFESSIONAL SERVICES $0 $0 $0 $0 ENGINEERING $45,000 $45,000 $45,000 $45,000 ADMINSTRATION AND LEGAL $5,000 $5,000 $5,000 $5,000 7420 MISCELLANEOUS $0 $0 $0 $0 TOTAL EXPENDITURES $50,000 $50,000 $50,000 $50,000 OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $0 $0 $0 $0 7310 TRANSFERS OUT $0 $0 $0 $0 TOTAL OTHER $0 $0 $0 $0 EXCESS/(DEFICIENCY}OF $0 $0 $0 $0 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $20 $20 $20 $20 FUND BALANCE 12/31 $20 $20 $20 $20 11/19/2012 108 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET 4900 _ PERMANENT IMPROVEMENT REVOLVING FUND REVENUES 2011 2012 2013 2014 4100 • SPECIAL ASSESSMENT $31,450 $9,000 $0 $0 _ INTERGOVERNMENTAL $0 $0 $0 $0 4625 CHARGES FOR SERVICES $151,000 $0 $0 $0 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $182,450 $9,000 $0 $0 EXPENDITURES CAPITAL OUTLAY $182,450 $208 $0 $0 PROFESIONAL SERVICES $0 $0 $0 $0 TOTAL EXPENDITURES $182,450 $208 $0 $0 OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $38,919 $97,565 $0 $0 7310 TRANSFERS OUT $0 -$106,357 $0 $0 TOTAL OTHER $38,919 -$8,792 $0 $0 EXCESS/(DEFICIENCY)OF $38,919 $0 $0 $0 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 -$38,919 $0 $0 $0 FUND BALANCE 12/31 $0 $0 $0 $0 THIS FUND CLOSED IN 2012 11/19/2012 109 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET 5700 SEAL COATING FUND REVENUES 2011 2012 2013 2014 4100 SPECIAL ASSESSMENTS $0 $0 $0 $0 5350 MISCELLANEOUS $0 $0 $0 $0 TOTAL REVENUE $0 $0 $0 $0 EXPENDITURES 6401 PROFESSIONAL SERVICES $0 $258,796 $250,000 $300,000 TOTAL EXPENDITURES $0 $258,796 $250,000 $300,000 OTHER FINANCING SOURCES AND USES 5210 TRANSFERS IN $0 $350,000 $350,000 $350,000 7310 TRANSFERS OUT $0 $0 $0 $0 TOTAL OTHER $0 $350,000 $350,000 $350,000 EXCESS/(DEFICIENCY}OF $0 $91,204 $100,000 $50,000 REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES FUND BALANCE 1/1 $0 $0 $91,204 $191,204 FUND BALANCE 12/31 $0 $91,204 $191,204 $241,204 11/19/2012 110 Capital Projects Budgets and Summary CITY OF FARMINGTON 2013 BUDGET ENTERPRISE FUND BUDGET SUMMARY REVENUES 2012 2013 2014 LIQUOR STORES $984,100 $990,000 $996,000 SEWER OPERATIONS $1,794,689 $1,795,750 $1,795,750 SOLID WASTE $1,876,903 $1,936,700 $1,937,700 STORM WATER . $464,000 $551,672 $551,672 WATER $1,542,500 $1,747,750 $1,747,750 STREETLIGHTS $195,282 $210,000 $210,000 TOTAL REVENUES $6,857,474 $7,231,872 $7,238,872 EXPENDITURES LIQUOR STORES $878,451 $866,545 $862,972 SEWER OPERATIONS $1,813,102 $1,373,755 $1,104,237 SOLID WASTE $1,930,220 $1,975,128 $1,865,052 STORM WATER $456,826 $302,105 $726,413 WATER $1,135,098 $874,449 $861,482 STREETLIGHTS $178,823 $189,150 $194,150 TOTAL EXPENDITURES $6,392,520 $5,581,132 $5,614,306 TRANSFERS _ TRANSFERS IN $0 $0 $0 TRANSFERS OUT -$726,325 -$1 390 114 -$1 393 422 TOTAL TRANSFERS -$726,325 -$1,390,114 -$1,393,422 REVENUE AND TRANSFERS IN $6,857,474 $7,231,872 $7,238,872. EXPENDITURES AND TRANSFERS OUT $7,118,845 $6,971,246 $7,007,728 11/21/2012 1 1 1 Enterprise Fund Budgets CITY OF FARMINGTON 2013 BUDGET LIQOUR STORE SUMMARY REVENUES APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 4750 SALES DOWNTOWN $2,000,000 $1,858,022 92.90% $1,880,000 $1,437,283 76.45% $1,800,000 $1,804,000 4750 SALES PILOT KNOB $2,439,250 $2,336,901,_95.80% $2,390,000 $1,804,099 75.49% $2,300,000 $2,312,000 5502 COST OF GOOD SOLD -$3,418,223 -$3,167,685 92.67% -$3,287,900 -$2,422,682 73.68% -$3,110,000 -$3,120,000 GROSS PROFIT $1,021,027 $1,027,238 100.61% $982,100 $818,700 8336% $990,000 $996,000 4955 INVESTMENT INCOME $0 $0 #01V/O1 $0 $0 #DIV/01 $0 $0 5350 MISCELLANEOUS $2,000 $4,556 227.80% $2,000 $0 0.00% $0 _ $0 TOTAL OTHER REVENUE $2,000 $4,556 227.80% $2,000 $0 0.00% $0 $0 TOTAL REVENUE $1,023,027 $1,031,794 100.86% $984,100 $818,700 83.19% $990,000 $996,000 EXPENSES 6100 PERSONAL SERVICES $397,888 $395,215 9933% $B93,148 $297,588 75.69% $380,592 $396,966 6200 SUPPLIES - _ $15,100 $6,185 40.96% $15,100 $14,664 97.11% MT$20,200 $20,200 6400 OTHER SERVICES/CHARGES $528,297 $503,107 95.23% $470,203 $323,971 68.90% $465,753 $445,806 6900 CAPITAL OUTLAY $0 $0 #DIV/OI $0 $0 #01V/01 $0 $0 TOTAL EXPENSES $941,285 $904,507 96.09% $878,451 $636,223 72.43% $866,545 $862,972 INCOME(LOSS)BEFORE $81,742 $127,287 155.72% $105,649 $182,477 172.72% $123,455 $133,028 TRANSFERS TRANSFERS 7310 GENERAL FUND -$70,007 -$70,007 100.00% -$70,007 -$52,506 75.00% -$50,000 -$50,000 7310 SWIMMING POOL -$20,000 -$20,000 100.00% -$20,000 -$20,000 100.00% -$20,000 -$20,000 TOTAL TRANSFERS -$90,007 -$90,007 100.00% -$90,007 -$72,506 80.56% -$70,000 -$70,000 INCOME(LOSS)AFTER -$8,265 $37,280 -451.06% $15,642 $109,971 703.05% $53,455 $63,028 TRANSFERS 11/3.3/2012 112 Liquor Store Budgets CITY OF FARMINGTON 2013 BUDGET , SEWER OPERATIONS SUMMARY REVENUES APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 5025 CHARGES FOR SERVICE $1,600,000 $1,486,250 92.89% $1,767,189 $1,234,395 69.85% $1,770,000 $1,770,000 5030 OTHER $0 $5,106 #DIV/0I $0 $0 #D1W01 $0 $0 SUBTOTAL $1,600,000 $1,491,356 93.21% $1,767,189 $1,234,395 69.85% $1,770,000 $1,770,000 4100 SPECIAL ASSESSMENTS $20,000 $280,115 1400.58% $20,000 $133,501 667.51% $7,500 $7,500 4125 PREPAID ASSESSMENTS $0 $5,512 #D1 V/01 $0 $0 0.00% $5,500 $5,500 4130 PENALTIES $0 $3,955 #DIV/0I $0 $1,932 _ 0.00% $2,000 $2,000 4626 SEWER BENEEFIT CHARGE $0 $2,160 #DIV/01 $0 $0 0.00% $2,000 $2,000 4835 ADVERTISING $0 $1 150 #DIV/01 f____ $0 $1,937 0.00% $1,250 $1,250 4955 INVESTMENT INCOME $15,000 $10,129 67.53% $7,500 $4,101 54.68% _ $7,500 $7,500 4960 GAIN/LOSS ON1MV $0 -$1,450 #DIV/01 $0 $0 #DIV/01 $0 $0 5350 MISCELLANEOUS $0 $451 #DIV/01 $0 $0 #DIV/01 $0 $0 TOTAL OTHER REVENUE $35,000 $302,022 862.92% $27,500 $141,471 514.44% $25,750 $25,750 TOTAL REVENUE $1,635,000 $1,793,378 109.69% $1,794,689 $1,375,866 76.66% $1,795,750 $1,795,750 EXPENSES 6100 PERSONAL SERVICES $192,388 $162,935 84.69% $233,233 $128,501 55.10% $9,605 $9,605 6200 SUPPLIES $28,986 $28,891 99.67% $27,975 $16,257 58.11% $29,925 $29,950 6400 OTHER SERVICES/CHARGES $1,128,043 $1,049,790 93.06% $1,271,334 $813,750 64.01% $1,145,828 $1,064,682 6900 DEBT SERVICE $235,540 $238,891 101.42% $280,560 $0 0.00% $188,397 $0 _.___._• - TOTAL EXPENSES $1,584,957 $1,480,507 93.41% $1,813,102 $958,508 52.87% $1,373,755 $1,104,237 INCOME(LOSS)BEFORE $50,043 $312,871 625.20% -$18,413 $417,358 88888#8II $421,995 $691,513 1 TRANSFERS TRANSFERS 7310 GENERAL FUND -$70,007 -$70,007 100.00% -$70,007 -$52,506 75.00% -$70,007 -$70,007 7310 GENERAL FUND-PW/ENG $0 $0 #DIV/01 $0 $0 #DIV/01 -$192,439 -$192,438 7310 CAPITAL PROJECTS FUND $0 $0 #DIV/01 -$24,391 $0 0.00% $0 $0 7310 DEBT SERVICE FUND(3098) -$31,610 -$31,610 100.00% -$31,138 $0 0.00% -$30,665 -$31,493 _ TOTAL TRANSFERS -$101,617 -$101,617 100.00% -$125,536 -$52,506 41.83% -$293,111 -$293,938 . _ INCOME(LOSS)AFTER -$51,574 $211,254 -409.61% -$143,949 $364,852 -253.46% $128,884 $397,575 TRANSFERS , 11/13/2012 Liquor Store Budgets 113 CITY OF FARMINGTON 2013 BUDGET SOLID WASTE SUMMARY REVENUES j APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 4370 OTHER PERMITS $1,700 $1,700 100.00% $1,700 $1,600 94.12% $1,700 $1,700 5025 CHARGES FOR SERVICE $1,855,253 $1,832,811 98.79% $1,845,253 $1,254,605 67.99% $1,894,000 $1,895,000 5026 RECYCLING $0 $36,111 #D I V/0 I $10,000 $21,050 210.50% $20,000 $20,000 5355 DONATIONS $0 $1,000 #DIV/0 I $0 $1,000 4iD IV/01 $0 $0 SUBTOTAL $1,856,953 $1,871,622 100.79% $1,856,953 $1,278;255 68.84% $1,915,700 $1,916,700 4460 INTERGOVERNMENTAL $18,700 $19,000 101.60% $18,700 $20,010 107.01% $19,000 $19,000 4835 ADVERTISING $0 $1,150 #DIV/0 I $0 $1,937 ItD IV/0 I $1,000 $1,000 4955 INVESTMENT INCOME $1,250 $844 67.52% $1,250 $684 54.72% $1,000 $1,000 4960 INVEST MARKET VALUE $0 $0 #DIV/0 I $0 $0 #01V/01 $0 $0 TOTAL OTHER REVENUE $19,950 $20,994 105.23% $19,950 $22,631 113.44% $21,000 $21,000 TOTAL REVENUE $1,876,903 $1,892,616 100.84% $1,876,903 $1,300,886 69.31% $1,936,700 $1,937,700 EXPENSES -- 6100 PERSONNEL SERVICES $451,586 $462,598 102.44% $447,490 $319,527 71.40% $437,066 $445,237 6200 SUPPLIES $147,935 $94,734 64.04% $139,435 $841826 60.84% $139,975 $139,975 6400 OTHER SERVICES/CHARGES $1,214,172 $1,115,541 91.88% $1,168,295 $817,542 69.98% $1,178,087 $1,204,840 6900 CAPITAL OUTLAY $o $0 #DIWO I $175,000 $0 0.00% $220,000 $75,000 TOTAL EXPENSES $1,813,693 $1,672,873 92.24% $1,930,220 $1,221,895 63.30% $1,975,128 $1,865,052 INCOME(LOSS)BEFORE $63,210 $219,743 347.64% .453517 $78,991 -148.15% -$38,428 $72,648 TRANSFERS TRANSFERS 7310 GENERAL FUN DADM I N 470,007 470,007 100.00% -$70,007 -$52,506 75.00% -$70,007 -$70,007 7310 DEBT SERVICE(3098) -$47,416 4471416 100.00% -$46,707 $0 0.00% 445,998 -$47,238 ,---. TOTAL TRANSFERS -$117,423 -$117,423 100.00% -$116,714 -$52,506 44.99% -$116,005 -$117,245 INCOME(LOSS)AFTER 454,213 $102,320 488.74% -070,031 $26,485 45.58% 4154,433 -$44,597 TRANSFERS 11/13/2012 114 Liquor Store Budgets CITY OF FARMINGTON 2013 BUDGET STORM WATER UTILITY SUMMARY REVENUES APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED -__ 2011 12/2011 % 2012 9/2012 % 2013 2014 5025 CHARGES FOR SERVICE $450,000 $446,081 99.13% $460,000 $332,170 72.21% $545,672 $545,672 SUBTOTAL $450,000 $446,081 99.13% $460,000 $332,170 72.21% $545,672 $545,672 4.637 MANAGEMENT FEE $0 $195 4iDIV/0! $0 $0 #DIV/0I $500 $500 4835 ADVERTISING $0 $875 #DIV/0I $0 $1,938 #DIV/0I $1,500 $1,500 4955 INVESTMENT INCOME $4,000 $2,702 67.55%_-$4,000 $2,187 54.68% $4,000 $4,000 4960 _ G/L_MARK VALUE $0 -$387 #DIV/01 $0 $0 #DIV/0I $0 $0 5350 -MISCELLANEOUS $0 $660 #DIV/0! $0 $0 #DIV/01 $0 $0 TOTAL OTHER REVENUE $4,000 $4,045 101.13% $4,000 $4,125 103.13% $6,000 $6,000 - TOTAL REVENUE $454,000 $450,126 99.15% $464,000 $336,295 72.48% $551,672 $551,672 EXPENSES 6100 PERSONAL SERVICES $214,273 $190,692 88.99% $247,099 $154,809 62.65% $7,951 $7,951 6200 SUPPLIES $20,325 $17,330 85.26% $22,400 $7,873 35.15% $23,050 $23,300 6400 OTHER SERVICES/CHARGES $146,154 $116,203 79.51% $187,327 $92,471 49.36% $271,104 $245,162 _-- 6900 CAPITAL OUTLAY $0 $0 #DIV/01 $0 $0 #Div/0! $0 $450,000 TOTAL EXPENSES $380,752 $324,225 85.15% $456,826 $255,153 55.85% $302,105 $726,413 INCOME(LOSS)BEFORE $73,248 $125,901 171.88% $7,174 $81,142 1131.06% $249,568- -$174,741 TRANSFERS . ._ ...._.. TRANSFERS -__ 7310 GENERAL FUND ADMIN -$70,007 -$70,007 100.00% -$70,007 -$52,506 75.00% -$70,007 -$70,007 7310 GENERAL FUND ENG/PW $0 $0 #DIV/OI $0 $0 _#DIV/01 -$235,299 _ -$235,299 7310 DEBT SERVICE FUND(3098) __-$15,806 -$15,806 100.00% -$15,569 $0 0.00% -$15,333 -$15,746 TOTAL TRANSFERS -$85,813 -$85,813 100.00% -$85,576 452,506 61.36% -$320,639 -$321,052 INCOME(LOSS)AFTER -$12,565 $40,088 419.04% -$78,402 _ $28,636 -3652% -$71,072 _$495,793 TRANSFERS 11/13/2012 115 Liquor Store Budgets CITY OF FARMINGTON _ 2013 BUDGET WATER UTILITY SUMMARY T- ^ REVENUES APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 4110 �_ _ _SPEC ASSESS CURRENT $50,000 $17,273 34.55% $50,000 $8,953 1791% $7,500 $7,500 4120 SPEC ASSESS CNTY PREPAID $0 $6,934 #DIV/01 $0 $3,091 #DIV/01 $5,500 $5,500 4125 SPEC ASSESS PREPAID CITY $0 $11,082 #DIV/01 $0 $1,588 #DIV/01 $5,500 $5,500 4130 SPEC ASSESS PENALTY/INT $0 $1,244 #DIV/01 $0 $30,182 #DIV/01 $2,000 $2,000 4320 WATER PERMITS $0 $4,800 #DIV/Ol $0 $3,825 #DIV/01 $4,500 $4,500 4370 OTHER PERMITS $60,000 $0 0.00% $60,000 $0 0.00% $0 $0 ___ 4512 CUST SERVICE NON TAX $0 $28,755 #DIV/01 $0 $18,578 #DIV/O! $22,000 $22,000 4637 WATER_QUALI7Y MGMT FEE $0 $32,300 #DIV/01 $0 $620 #D1V/01 $5,000 $5,000 4640 WATER AVAILABILITY CHG $0 $73,505 #DIV/01 $0 $61,455 __ #DIV/01 $64,000_ $64,000_ 4835 ADVERTISING $0 $1,150 #01V/OI $0 $1,937 #DIV/01 $1,250 _ $1,250 4910 CODE VIOLATIONS $2,500 $5,606 224.24% $2,500 $5,500 220.00% $2,500 $2,500 4955 INVESTMENT INCOME $100,000_ $66,978 66.98% $100,000 $54,684 54.68% $83,000 $83,000 4970 RENTAL INCOME $0 $145,728 #DIV/0I $0 $126,862 #DIV/01 $125,000 $125,000 5025 ENTERPRISE SALES $1,330,000 $1,290,503 97.03% $1,330,000 $843,020 63.38% $1,300,000 $1,300,000 5200 TRANSFERS IN-FIRE TRUCK $0 $0 #DIV/0I $0 $0 #DIV/01 $120,000 $120,000 ___.___.____TOTAL REVENUE $1,542,500 $1,685,858 109.29% $1,542,500 $1,160,295 75.22% $1,747,750 $1,747,750 EXPENSES _______. 6100 PERSONAL SERVICES $295,460 $0 0.00% $325,009 $229,010 70.46% $7,615 $7,615 6200 SUPPLIES $203,875 $187,157 91.80% $203,875--$202,617 99.38% $250,475 $250,700 6400 OTHER SERVICES/CHARGES _$395,989_ $370,359 93.53% $406,214 $177,255 43.64% $416,359 $403,167 6900 CAPITAL OUTLAY $200,000 $0 0.00% $200,000 $0 0.00% $200,000 $200,000 TOTAL EXPENSES $1,095,324 $557,516 50.90% $1,135,098 $608,882 53.64% $874,449 $861,482 INCOME(LOSS)BEFORE $447,176 $1,128,342 252.33% $407,402 $551,413 135,35% $873,301 $886,268 TRANSFERS _ TRANSFERS 7310 GENERAL FUND-ADMIN -$70,007 -$70,007 100.00% _ ~-$70,007 -$52,506 75.00% -$70,007 -$70,007 - 7310 GENERAL FUND-ENG/PW � ^ $0 $0 #DIV/01 $0 $0 #01V/Ol -$306,732 -$306,732 7310 CAPITAL PROJECTS FUND $0 $0 #DIV/01 -$207,347 $0 0.00% -$182,955 -$182,955 7310 DEBT SERVICE FUND(3098) _ �$31,610 -$31,610 100.00% -$31,138 $0 0.00•% _ -$30,665 -$31,493 m TOTAL TRANSFERS -$101,617 -$101,617 100.00% -$308,492 -$52,506 17.02% -$590,359 -$591,187 INCOME(LOSS)AFTER $345,559 $1,026,725 297.12% $98,910 $498,907 504.41% $282,942 $295,081 TRANSFERS 11/13/2012 116 Liquor Store Budgets CITY OF FARMINGTON 2013 BUDGET • STREETLIGHT UTILITY REVENUES APPROVED THROUGH APPROVED THROUGH REQUESTED ESTIMATED 2011 12/2011 % 2012 9/2012 % 2013 2014 5025 CHARGES FOR SERVICES $175,039 $163,089 93.17% $195,282 $144,752 74.12% $210,000 $210,000 TOTAL REVENUE $175,039 $163,089 93.17% $195,282 $144,752 74.12% $210,000 $210,000 EXPENSES 6422 SERVICES AND CHARGES $169,323 $180,200 106.42% $178,823 $120,400 67.33% $189,150 $194,150 TOTAL EXPENSES $169,323 $180,200 106.42% $178,823 $120,400 67.33% $189,150 $194,150 INCOME(LOSS)BEFORE $5,716 . -$17,111 -Z99.35% $16,459 $24,352 147.96% $20,850 $15,850 TRANSFERS FUND BALANCE -$28,560 -$28,560 -$12,101 -$4,208 34.77% $8,749 $24,599 11/13/2012 117 Liquor Store Budgets o� �, City of Farmington t 430 Third Strcct •s '-- Farmington,Minnesota 651.240.6400•Fax 651?80.6899 \+4*.A , , wwwcidarmmgttm.nmur TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: 2013 Inflow and Infiltration Grant DATE: December 3,2012 INTRODUCTION The City of Farmington has been preliminarily awarded a grant from the Metropolitan Council for Inflow and Infiltration (I&I) reduction in our sanitary sewer system. In 2010, during the Walnut Street Reconstruction Project, a previously unknown sanitary sewer line was discovered that crosses TH-3 at Oak Street. There was extra work required on the Walnut Street project due to this sanitary sewer line, and Council approved the change order for that work at the June 21, 2010, Council meeting. DISCUSSION As Council will recall from previous discussions, staff has been working on plans for a project to replace the sanitary sewer line that was discovered during the Walnut Street project as time allows. We are at the point where plans are approximately 70% complete, and we will continue to work on them over the winter. The 2013 budget includes approximately$95,000 to complete the replacement of the sanitary sewer line work. The work will include abandoning the existing shallow, clay tile line that crosses TH-3, and installing a new PVC line from Oak Street down to Spruce Street under the frontage road on the east side of TH-3. In October, the Met Council announced that it was taking applications for grants related to reduction of I&I in the sanitary sewer system. Based on the stage of plan preparation, and the inclusion of funding for the project in the 2013 budget, staff applied, and has received preliminary approval for a grant from the Met Council to cover part of the project costs. The City has been notified that the preliminary grant amount for Farmington is $23,328 of the $95,000 estimated total project cost. The Met Council has asked those cities that have been preliminarily approved to receive grant funds to reaffirm their commitment to their projects by December 21, 2012. After December 21g, any money from cities that decide not to move ahead with their projects will be redistributed to the remaining cities in the grant solicitation. A more formal resolution will be brought to Council following determination of the final grant amounts from the Met Council. 118 2013 I&.I Grant December 3,2012 Page 2 of 2' BUDGET IMPACT Although full funding for the project has been included in the 2013 budget,this grant will reduce the amount of money used from the Sanitary Sewer Fund, thereby reducing the City's contribution to the project. ACTION REQUESTED By motion, authorize staff to continue preparation of plans and specifications for the project, and authorize staff to communicate the City's continued support of the project to the Met Council. Respectfully Submitted, Kevin Schorzman, P.E. City Engineer cc: file 119