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HomeMy WebLinkAbout08.05.96 Council Packet AGENDA COUNCIL MEETING REGULAR AUGUST 5, 1996 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF RETIREMENT - DAVID DAHL, PUBLIC WORKS 4. APPROVE AGENDA 5. CITIZENS COMMENTS (5 minute limit per person for items not on Agenda.) a. Wausau NURP Pond Concerns b. Adopt Resolution Accepting Donation from Don and Peg Davison 6. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 7/15/96 (Regular) b. Recognition of Winning Liquor Store Bed Race participants c. Receive Fire Cataract Annual Benefit/City Contribution Request d. Adopt Resolution Amending Comprehensive Plan - prairie Creek Fourth Sanitary Trunk Sewer e. Approve Lot Split - Stephen O'Dell - 20100 Akin Road f. Authorize Sale of Obsolete Solid Waste Dumpsters g. Approve Capital Outlay Request for 2 Scott Air Pack Breathing Apparatus - Fire Department h. Adopt Resolution Appointing Election Judges for Primary Election i. Deer Meadow 2nd Addition 1) Traffic Signal Light Surety 2) Resolution Approving Development Agreement j. Approve Payment of the Bills 7. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7:30 P.M. - Economic Development TIF District No. 11 b. 7:30 P.M. - Economic Development TIF District No. 12 c. 7:30 P.M. - Preliminary Plat of Farmington Industrial Park 2nd Addition 8. PETITIONS, REQUESTS AND COMMONlCATIC~S a. Adopt Ordinance Rezoning Lot 9, Block 5, Town of Farmington and Adjoining Vacated Locust Street from R-3 to R-2 b. Adopt Drdinance Rezoning South One-Half of Southernmost Building in the P.H. Feely Cluster from R-3 to B-2 c. Request Modification of Recycling/Redemption Center Zoning Ordinance Ord.096":376 Adopted Set Rearing for Lots Itxtj, J$lock ~ Ord 096-377 Referred back to Planning Commission 9. UNFINISHED BUSINESS a. Presentation of Comprehensive Sewer Plan b. Bonestroo Rosene and Anderlik Presentation - Wausau Alignment NURP Pond c. 1995 Audit Presentation d. Dakota Electric Street Light Pole Replacement Policy e. Municipal Pool Final Budget f. Receive 1997 Preliminary Budget - Budget Workshop for Review of 1997 proposed Budget g. LGA Penalty - prairie Waterway h. Parental Responsibility Ordinance - Preliminary Legal Opinion Tabled Until 8/19 10. NEW BUSINESS a. Dakota County Economic Development Partnership Enterprise Facilitation Program b. Authorize Southeast Farmington Resident Survey c. Accept Empire Township Withdrawal from Building Inspection Services Contract d. Reschedule September 2nd Council Meeting to September 3rd due to Labor Day Holiday e. Add On - External Involvement in Internal Personnel "'..atters 11. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS a. PARAC Request for Joint Council/PARAC Meeting - Park Referendum Plan Accepted Presentation Given Tabled Until 8/19 No Action Needed No Action Needed Set Workshop Dates 8/15 & 8/21 -7PH Use TIF Admin Fees as City Contribution Decline Participation Council to Rework ? s Accepted Rescheduled Discussion - No Council involvement in internal affairs 6:30 - 8/19 13. EXECUTIVE SESSION County Land Use Tssues Railroad Property Cleaned Up Hardee's Security Problems 12. ROUNDTABLE a. Labor Negotiations b. Wausau Alignment 14 . ADJOURN .:; " TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Supplemental Agenda Items DATE: August 5, 1996 It is requested that the August 5, 1996 agenda be updated as follows. Item 9c - 1995 Audit Presentation. Bill Lauer, representing Malloy, Montague, Karnowski and Radosevich, CPAs, telephoned will not be able to attend tonight's meeting due to be tabled until the August 19th Council meeting. this morning and stated he illness. This item should Item 12a - External Involvement in Internal Organizational Matters. It is requested that this item be added to the agenda for tonight's meeting under Roundtable. It is recommended that the above changes be made to the Agenda for August 5th. Respectfully submitted, ~fcL- J; hn F. Erar ity Administrator I CitlJ. of FarminfJton 325 Oak Street · Farmint)tonJ MN 55024 · (672) 463.7777 · Fax (672) 463.2597 TO: Mayor, Councilmembers, City Administrator FROM: Wayne Henneke, Finance Director SUBJECT: 1995 Audit Presentation DATE: August 5, 1996 INTRODUCTION The 1995 Audit presentation by Bill Lauer, Malloy Montague Karnowski Radosevich, C.P.A.'s, will be postponed to the August 19, 1996 Council Meeting. DISCUSSION Bill Lauer called this morning and stated that he is ill and will not be able to attend the Council Meeting tonight. He will be able to make his presentation at the August 19, 1996 Council Meeting. ACTION REQUIRED This memorandum is for information only, no action is required. Respectfully submitted, ~~ Wayne E. Henneke Finance Director I Citlj of FarminfJ.ton 325 Oak Street · FarminiJtonJ MN 55024 · (672) 463.7777 · Fa/( (672) 463-2597 TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: External Involvement in Internal Organizational Matters DATE: August 5, 1996 INTRODUCTION At the July 15, 1996 Council meeting, a discussion concerning how personnel matters should be handled within the organization was held with Council. The product of that conversation established the roles of both Council and the administrator with respect to internal organizational management issues. It was my understanding, and that of the City Attorney, that the consensus of the Council was that there would be no external involvement by the Council as a group or individually with internal personnel matters, and that the administrator, would be responsible for personnel issues concerning the City organization. DISCUSSION Since that time, Councilmember Galler has indicated his intent to attend a personnel meeting which I scheduled with the department heads and the City's EAP counselor, Linda Norton, to resolve some internal organizational matters. These organizational matters have focused on issues which have emerged since I assumed my responsibilities as City Administrator. The current nature of these issues are related to my management expectations and related staff performance, a change in organizational philosophy and direction, resulting staff perceptions and internal communications. In essence, these are issues directly related to my management responsibilities with respect to managing the organization in the most productive, effective and efficient manner possible. It is my feeling that the Councilmember's proposed involvement in this meeting would interfere with my ability to manage these organizational issues, and would generally undermine my position as it relates to this and other management issues. ACTION REQUESTED In that this specific issue revolves around broader management responsibilities, I am requesting that Council clarify their expectations with regard to the following responsibilities: 1. that the administrator is responsible for managing and overseeing the organization, including the organizational implementation of Council's policies I CitlJ. of FarminiJton 325 Oak Street · FarminfJtonl MN 55024 · (612) 463.7111 · Fax (612) 463.2591 2. that based on previous conversations with Council, that personnel matters within the organization are to be handled by the administrator in compliance with the City Code, state and federal employment laws, with the exception of final hiring and dismissal actions as specified in the City Code. (attached is the City Code, Section 7) 3. that department heads report to the administrator, and should be held accountable for their department's performance by the administrator, and that deficiencies in individual staff and department performance should be addressed by the administrator in an appropriate manner without external interference 4. that Council policies should be implemented by appropriate staff under the direction of the administrator in a fair, impartial and consistent manner 5. that all issues should be adequately researched by staff, reviewed and discussed with the administrator prior to being presented to Council 6. that the internal administration of City affairs, including staff assignments, grievances, job responsibilities and responsibility for completing projects in the most productive, efficient and cost-effective manner possible are areas which I may determine based on organizational' needs, individual capabilities and available resources 7. that the financial status of the City, including problems and deficiencies with any project authorized by Council, should be reported to Council when deemed appropriate by the administrator, and in keeping with the provisions of the City Code 8. that the direction and objectives of the organization is to deliver City services in a professional, competent and cost-effective manner to the public. It is requested that Council review these expectations and provide me with direction on these organizational management issues. If Council is inclined to agree with these expectations, a motion is requested. Respectfully submitted, 9L'Ib ~hn F. Erar City Administrator , ~. 1-7-1 1-7-3 CHAPTER 7 ADMINISTRATOR SECTION: 1-7-1 : 1-7-2: 1-7-3: 1-7-4: Job Title Appointment, Qual ifications Powers and Duties, limitations Bond 1-7-1 : JOB TITLE: The office of the Village Administrator is hereby created in the Vi II age of Farmington. (12-6-71) 1-7-2: APPOINTMENT, QUALIFICATIONS: The Administrator shall be appointed by the Vi lIage Counci I on the basis of his educa- tion, training, experience and administrative qualifications. The Adminis- trator shall be appointed for an indefinite period of time and shall be paid . for his services at such a salary as the Council from time to time may determine. The Administrator may be removed by the Council at any time provided, however, that if the Administrator has served the Village for at least a period of one year, he may demand written charges and a public hearing on the charges before the Council prior to the date his removal is to take effect. Pending such hearing and removal, the Council may suspend him from his office. The Council may designate some qualified person to perform the duties of the Administrator during his absence or disability~ (12-6-71, amd. by Ord. 7~40, 7-~76) 1-7-3: POWERS AND DUTIES, LIMITATIONS: The Village Adminis- tratOr shall be the head of Department of Administration and the Chief Administrative officer of the Village, and pursuant to this posi- tion shall perform the' duties set out in the following subsections: (A) Supervise the management and operation of the Department of Adminis- tration. (B) Coordinate the administration of all Village departments and divi- sions. (C) Make ministerial decisions affecting such departments, recommend procedures to the Counci I for adoption, and make recommendations to the Council regarding the employment and/or dismissal of personnel. . -, --"" , -,-v (D) Develop and issue all administrative rules, regulations and procedures necessary to insure the propel'" functioning of and coordination with all departments. Such rules, regulations and procedures shall be consistent with Minnesota Statutes, VillClge ordinances, and Counei I policy. Said rules, regulations, and procedures shall be effective upon issuance and shall continue to be in effect until rescinded by the Administrator or by express action of the Counci I. (E) The Administrator. shall submit to the Counci I at least thirty (30) days prior to call by the County Auditor, a single consolidated budget document which shall include statements relating to proiected revenue and proposed sources of revenue, and all proposed expendi- tures to be made and obligations to be incurred, by the Village in the forthcoming fiscal year. (F) The Administrator shall be Personnel Officer for the Village and shall be responsible for the implementation of Village personnel policy. (G) The Administrator shall advise the Counci I on all matters pertaining to 01'" affecting the operation of the Village government and/or the Vi Ilage propel"'. (H) The Administrator shall be responsible for the enforcement of all laws and ordinances within the Village, and whenever necessary shall make recommendations for changes, amendments, 01'" repeal of exist- ing ordinances. (I) The Administrator shall be responsible for the application of approved financial and accounting procedures and methods employed within the Department and shall recommend accounting procedures to be adopted by all departments. (J) The Administrator shall be directly responsible to the Council for the faithful and satisfactory performance of his duties. He shall attend all Council meetings, provided, however, that he shall not have the right to vote. He shall, likewise, perform such additional duties and attend such committee meetings as the Council may direct. (K) The Administrator shall represent the Village at all official 01'" semi- official functions as may be directed by the Counci I. (L) The Administrator shall act as Zoning Officer pursuant to Chapter 11 of the Village Code. (M) All purchases and acquisitions made for, or in the name of the Village of F armington, other than those made from petty cash funds, shall be made under the direction of the Villa9E! Administrator unless otherwise directed, by the Couneil. All such purchases made shall meet the conditions as set oot in the following subsections unless otherwise directed by the Counei I. .It 17? , ..~ ..1-.. -- ....~ - ~ ... - ~"'-'''--''~'''''':1II1 -_.. 1-7-3 1-7-3 M) 1. The head of the department or division for which the service, equipment, or supplies are ordered must recommend that the order be placed. 2. The service equipment, or supplies must be necessary to the operation of the department. 3. Where equipment is ordered to replace obsolete, damaged, or worn-out equipment, the new equipment shall as nearly as possible equal that which it replaces in design, and function. 4. Where there is more than one feasible source of supply for any item having a cost of three hundred dollars ($300.00) or more, the Administrator shall request price quotations from at least two (2) sources and shall place the order at the lowest price quoted, provided the items are of comparable quality, unless the Council otherwise directs. 5. The Administrator shall have authority to sign purchase orders for routine service, equipment, or supplies for which the cost does not exceed five hundred dollars ($500.00). 6. The expenditure must be within the limits established by the department budget. 7. AU claims resulting from orders placed by the City Administrator shall be audited for payment by the City Council. 8. Where bidding is required to be used, bidding procedures shall be consistent with Minnesota Statutes. (12-6-71) (N) The City Council expressly retains its power to disaffirm any order or contract entered into by the City Administrator on behalf of the City in the same manner and to the same extent that such power existed prior to the adoption of this Ordinance. The Administrator shall serve as the Section 504Coordinator relating to handicap accessibility requirements. (12-6-71; amd. Ord. 086-178, 4-21-86) (0) The City Administrator shall maintain all City accounts and develop all reports required by the -law or requested by the Council, and shall maintain and store the . official City records of all revenue collections, disbursements, and deposits. (P) All books and records shall be maintained in accordance with the generally accepted accounting principles and in accordance with classifications prescribed by the State Public Examiner's office wherever practicable. tQ) The City Administrator shall pertorm all omer QUIles as art:! It:'-!UII cu uy State statute, the City Code, or as the City Council shall direct. (R) The City Administrator shall be designated as the Clerk-Treasurer and shall assume all duties commensurate therewith as provided by Minnesota Statutes creating and defining an Optional "A" type of government. 1-7 -4: BOND: The A.jministrator shall be bonded, at City expense, through a position bond which will indemnify the City in the amount of twenty five thousand dollars ($25,000.00). (12-6.71) 172 ,l: .. 5 TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Recognition of Retirement - David Dahl - Public Works Department DATE: August 5, 1996 David Dahl, City Public Works Department employee, retired from public service effective July 31, 1996. A Certificate of Commendation and plaque will be presented to Dave at the meeting Monday evening. Respectfully submitted, ~~L / / John F. Erar City Administrator CitlJ of FarminfJ.ton 325 Oak Street · Farmin9ton, MN 5502~ · (612) ~63.7111 · Falf (612) ~63.2591 50-- July 30. 1996 Henry Iwerks 1105 Sunnyside Drive Farmington, MN 55024 RE: Oil Spill in Prairie Waterway Dear Mr. Iwerks, Thank you for identifying the potential oil spill on the Prairie Waterway. I have followed up on this issue with Paul Meneghini of Peer Environmental and Keith Cherryholmes of the Minnesota Pollution Control Agency. A meeting was held at the Wausau Supply Pond and water samples were collected for testing. No oil slick was evident when the samples were collected. Test results will be analyzed in the coming weeks as part of the City's monitoring program. It is illegal to dispose of hazardous material such as oil and anti-freeze in storm sewers and drainage ways. It is extremely important that local residents notify City officials promptly when potential pollution is detected. Prompt notification of local officials will ensure proper clean up responses by appropriate authorities. Thank you for your assistance. Please feel free to notify me personally if you notice any similar events in the future. ~~~' ///111 4 V~J!I(~' Thomas J.~ldunski, P.E. Director of Public Works/City Engineer TJK/ll cc: file, Mayor and Council, John Erar, Department Heads 5b FROM: Mayor and Councilmembers, City Administrator~ Karen Finstuen, Administrative Assistant TO: SUBJECT: Adopt Resolution Accepting Donation of Aerial Photo DATE: August 5, 1996 INTRODUCTION Adopt a resolution accepting the donation of an infrared aerial photograph. DISCUSS:ION Don and Peg Davison have generously donated an infrared aerial photograph of Farmington to the City. The photograph is mounted and framed and will be a useful and appealing addition to City Hall. A letter of appreciation will be sent to the Davison's for their thoughtful gesture. ACT:ION REQUESTED Adopt a resolution accepting the donation of the photograph. ,5klN-1v~/l/LLt~ Karen Finstuen Administrative Assistant .r: CitlJ. of Farminf/ton 325 Oak Street · Farmintjton, MN 55021, · (612) 1,63.7111 · Fa!r (612) 1,63.2591 PRO P 0 SED RESOLUTION ACCEPTING DONATION OF INFRARED AERIAL PHOTO OF CITY FROM DON AND PEG DAVISON Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 5th day of August, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Don and Peg Davison have generously donated an infrared aerial photo of the City of Farmington to the City; and WHEREAS, it is in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of an aerial photograph of the City of Farmington from Don and Peg Davison. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of August, 1996. Mayor Attested to the _____ day of August, 1996. City Administrator SEAL ,; MINUTES CITY COUNCIL REGULAR JULY 15, 1996 I / 0(1 1. The Mayor called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Galler, Gamer, Fitch, Ristow. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a) Remove item Sb - Peer Environmental Agreement for Contaminated Soil on Wausau Alignment - from Consent for discussion. b) Remove item 5g - Resolution Accepting Mt. Dew Day Donation - from Consent for recognition. c) Remove item 5j - Payment to Arcon Construction for project 93-14 (Wausau Alignment) - from Consent for voting abstention. d) Add item 51 - Adopt Resolution Approving Charitable Gambling Premise Permit Application for Farmington Youth Hockey Association. APIP, MOTION CARRIED. 4. Citizen Comments Henry Iwerks: . City should send a letter of apology to Mrs. Georgia Anderson for error in notification regarding weed problem. . Believes staff informed offending party who made complaint regarding illegally parked cars on Second Street. . Expressed concerns regarding water contamination in nurp ponds along prairie Waterway and Peer Environmental's response to questions regarding clean up of contaminated soil John Richardson - Response to City Policy regarding City removal of storm damaged trees from private property - Satisfied with explanation provided by Parks and Recreation Director Bell. John Gurban - As a~representative of Minnesota Recreation and Parks Association, Mr. Gurban presented a check to the City to fund the "Music In Your Park" concert series. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R73-96 accepting the donation of $1,800 from MRPA. APIP, MOTION CAlUUED . ,; 5 . CONSENT AGENDA MOTION by Fitch, second by Ristow to approve the Consenc Agenda as follows: a) Approve minutes of July 1, 1996. b) Approve payment of final Briggs and Morgan bill. c) Receive first half year building permit summary report. d) Adopt RESOLUTION NO. R74-96 accepting Mighty Ducks Grant and approving expenditure of matching funds from the Parks Improvement Fund. e) Approve ADA evaluation of pool bath house. f) Approve final payment for 1996 Seal Coat Project to Allied Blacktopping. g) Approve Dakota County Highway Department request to waive wetland permit fees for County Road 31 construction project. h) Approve payment of the bills as submitted. i) Adopt RESOLUTION NO. R75-96 approving gambling premise permit application for Farmington Youth Hockey Association. APIF, MOTION CARRIED. 6. Agreement with Peer Environmental for Contaminated Soil Monitoring on Wausau Alignment Councilmember Ristow asked that this item be removed from Consent so that he could abstain from voting. City Engineer Kaldunski stated that soil testing was required because environmental investigations had detected contaminated soils. In addition, the Minnesota Pollution Control Agency requires monitoring of the storm sewer outfall effluent. The proposed agreement with Peer Environmental would provide for this testing to be done. Other questions brought forward regarding the waterway system will be discussed at the August 5th meeting when the project engineer will be present. MOTION by Galler, second by Fitch to approve the agreement with Peer Environmental. VOTING FOR: Kuchera, Galler, Fitch, Gamer. OPPOSED: None. ABSTAIN: Ristow. MOTION CARRIED. 7. Mt. Dew Days Donation Councilmember Galler removed this item from Consent in order to acknowledge the winning bed race team members who donated their winnings to the Senior Center. Parks and Recreation Director Bell stated the Liquor Store had sponsored the bed which was manned by City Engineering, Parks and Recreation and Liquor Store staff. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R76-96 accepting the donation of $175.00 to the Farmington Area Senior Center. APIF, MOTION CARRIED. 8. Project 93-14 (Wausau Alignment) Contract Payment MOTION by Fitch, second by Gamer to approve Payment #1 to Arcon Construction for work performed in connection with Project 93-14 (Wausau Alignment). VOTING FOR: Kuchera, Galler, Fitch, Gamer. OPPOSED: None. ABSTAIN: Ristow. MOTION CARRIED. 9. MOTION by Fitch, second by Galler to reset the Lexington Standard TIF District public hearing for August 5, 1996 at 7:30 P.M.. APIF, MOTION CARRIED. .ii 10. Request for Refund of Traffic Signal Escrow - Deer Meadow Tim Giles, developer of Deer Meadow Subdivision, requested a refund of money escrowed for a share of the cost of installing a traffic signal at 1BOth Street and County Road 31, which is the access road to and from his development. City Engineer Kaldunski provided background information on the reasoning traffic signal escrow was required within the development contract for the project. Mr. Giles felt this was unfair since other developers along County Road 31 were ~c~ required to do the same and, because he had received a letter from Peter Sorenson, Dakota County Highway Department, stating that a traffic signal at this intersection was not currently in the County's CIP. Lengthy discussion followed between Mr. Giles and Council which resulted in the consensus that traffic control devices signal escrow would need to be considered as a part of all development agreements in the future. It was also the Council's consensus that the development agreement for Deer Meadow was a legal, binding document and should remain as written and signed. , 11. City Policy on Storm Damaged Tree Removal from Private Property Parks and Recreation Director Bell requested Council clarification on the City's position regarding removal of storm damage from private property. He also commended Forestry staff for their excellent job of cleaning up damage from the Mt. Dew Days storm. It was Council's wish that staff review policy from surrounding cities and bring the issue back to the August 19, 1996 meeting. 12. Stop Sign Request at Dunbar Avenue and 203rd Street This discussion was a continuation of a request made at the July 1, 1996 Council meeting. Police Chief Siebenaler stated that his staff had monitored the intersection and had noted a problem with obstruction of vision due to large pine trees growing in the boulevard. He also stated his belief that the existing stop signs at the intersection were adequate to control traffic. After lengthy discussion, a HOTXON by Galler, seconded by Fitch to not install additional stop signs but to trim the pine trees back to improve vision at the intersection. VOTXNG FOR: Fitch, Kuchera, Galler. AGAXNST: Gamer, Ristow. MOTXON CARRIED. Staff was directed to inform the property owners prior to proceeding with trimming the pine trees and to exercise caution to prevent damage. 13. Accessory Building/Detached Garage Size Limitations City Planner Tooker explained the Planning Commission's recommendations regarding proposed changes in the ordinance regulating storage sheds and detached garages. The Commission recommended changing the allowed height for storage sheds from 9 feet to 12 feet; maintaining the BOO square foot minimum size limitation, and not allowing a garage or storage shed to be built without a principal use. M~TION by Galler, second by Fitch to set a public hearing for August 19, 1996 to consider proposed changes to the detached accessory building ordinance. APIF, MOTION CARRIED. .if:: 14. Animal Control Services Budget Adjustment The change to a new animal control service, 4 Paws, resulted in a budget deficit in this line item for 1996. The previous service did not provide as extensive coverage, nor maintain as accurate records as the new service. It was noted that most cities in Dakota County use 4 Paws Animal Control Service and the service provided is excellent. Questions regarding the cost of animal control, and the inclusion of cats in the control ordinance and fee schedule were raised. Following discussion, staff was directed to research a cat control ordinance for the City. MOTION by Fitch, second by Gamer to approve the budget adjustment to fund the cost overrun in animal control for 1996. APIF, MOTION CARRIED. 15. Cable TV Franchise Agreement Renewal Process City Administrator Erar provided information regarding the franchise renewal process and the proposal to work with the cities of Apple Valley, Lakeville and Rglemount on a joint powers agreement for cable television service. It was acknowledged that it would be to the City's advantage to work together. Councilmember Galler asked whether the townships should be included in the discussions also. Administrator Erar said he would check whether townships and cities had the same type of agreement and forward that information to Council. MOTION by Gamer, second by Fitch to commit the City to working with the cities of Apple Valley, Lakeville and Rosemount on a cable television franchise joint powers agreement. APIF, MOTION CARRIED. 16. 1997 Budget Process Administrator Erar reviewed the budget process with Council noting that it should prove to be a more accurate financial record. One of the key aspects would be a team approach to establish and prioritize goals. He further' -' explained that the 1997 Budget would be in keeping with the past Council goal of no increase in local tax rates. The Council reviewed the process calendar. It was noted that a hearing should be held early in the process, perhaps September, to allow public review and input. MOTION by Gamer, second by Fitch to adopt the 1997 Financial Goals as presented. APIF, MOTION CARRIED. 17. 1995 Audit Finance Director Henneke presented a synopsis of issues related to the 1995 Audit, noting that a representative from the auditing firm will be present at the August 5, 1996 meeting. Mr. Henneke described various factors which led to a budget deficit for 1995. Among these were increased operating expenses due to rapid population growth, increased contractor fees, transfer of funds to the annexation fund, an error in salary fund allocations, labor contract arbitration award, and an over estimation of projected fees. A lengthy discussion between Council and staff followed. The 1995 audit will be discussed in more depth at the August 5th meeting. 18. Administrative Assistant Finstuen reminded Council of the August 7th City Hall Open House. Invitations will be sent and refreshments will be served. 19. The Council agreed to take a 5 minuce recess before adjourning into executive session. 20. Executive Session adjourned at 11:50 P.M.. 21. Personnel Issues Personnel issues were removed from Executive Session due to City Attorney Grannis' recommendation that these issues should be discussed in open sessicn. Administrator Erar discussed the importance of keeping all personnel issues, with the exception of hiring and dismissal actions, within the organization. It was also discussed that, due to the complexity of human resource issues, which includes labor negotiations, disciplinary action and other organizational matters, Council should not directly involve itself in the organization. Councilmembers agreed that the City Administrator should direct and oversee all personnel related matters, with the exception of final actions concerning hiring and dismissal, in keeping with State and Federal employment laws. Council also agreed that they would not interfere or involve themselves with the internal administration of personnel activities. Council requested the Administrator distribute information concerning the Council-Manager form of government. It was pointed out that the Council-Manager form of government is being adopted nationally, and within Minnesota, to provide for more professional management of local government operations. Due to the increasingly complex nature of employment related litigation, elected officials are finding the Council-Manager form of government the most efficient and effective form of local governance with respect to how organizational issues need to be addressed in compliance with City, State and Federal employment laws. Council/Manager form of local governance maintains the same type of Council relationship with the Administrator and staff, but allows the Manager/Administrator to exercise full control over personnel related matters, with the Mayor and Council involving itself primarily in legislative arid policy related matters. It was discussed that, if the Manager/Administrator is to be accountable for how the organization performs, s/he must have the final authority over staffing decisions. 22. Council adjourned at 12:30 A.M.. Respectfully submitted, Mary Hanson Clerk Typist r; 06 FROM: Mayor, Councilpersons, City Administrato~ James Bell, Parks and Recreation Director TO: SUBJECT: Liquor Store Sponsored Mt. Dew Days Bed Race Winners. DATE: August 5, 1996 INTRODUCTION: Council requested staff acknowledge the individual members of the winning bed race team. DISCUSSION: The following individuals made up the winning team of the Mountain Dew Days Bed Race: Brian Gergen Adam Klotz Sonja Stanek Jeff Anderson Kate Westad Rich Schimmel Matt Stordahl Rich Schindler Pat Schimmel Ryan Bluhm The entry fee of $25.00 was paid by the Liquor Store. The rules of the event require the winning team donate all bed race entry fees received to a local non profit organization. ACTION REQUESTED: For information only. Respectfully submitted, ~c--c- 6~ James Bell Parks and Recreation Director .; .r;.. CitlJ. of FarminfJton 325 Oak Street · FarmintJton, MN 550211 · (612) 1163.7111 · Fait (612) 1163-2591 0C FROM: Mayor. Councilmemb~JS' City AdministratorLY~ / Wayne Henneke. Finance Director TO: SUBJECT: Fire Cataract Annual Benefit City Contribution Request DATE: July 31,1996 INTRODUCTION The Fire Cataract is required to submit their annual fire levy requirements to the municipal clerk by August 1. The City Clerks Office received the attached request July 24, 1996. The request increases the annual pension amount from $1,600 per year of service to $1,650 per year of service commencing January, 1997. The City's annual fire levy would be $45,000 which represents no change from 1996. DISCUSSION The Fire Cataract is requesting an annual benefit increase from $1,600 per year of service to $1,650 per year of service. The annual fire levy requirement to fund this request is $31,357. The Fire Cataract has a projected deficit of$114,127. This is based on the accrued ~ liability based on all of the members accrued benefits minus the funds they are projected to have at the end of 1996. To help fund this deficit, the Fire Cataract has proposed to keep the annual fire levy at $45,000 which is the same as 1996. The $45,000 will fund the fire levy requirement of $31 ,357 plus $13,643 towards funding of the deficit. BUDGET IMP ACT The 1997 Proposed Levy has included the $45,000 requested by the Fire Cataract. ACTION REQUIRED Receive the request from the Fire Cataract. The $45,000 requested by the Fire Cataract will be included in the 1997 Proposed Budget. Respectfully submitted, .. \ ~ ~J J L{...'CUy1~ ~1~.4-.....::L, Wayne E. Henneke Finance Director CitlJ. of Farminf/,ton 325 Oak Street · Farm;n9ton, MN 5502~ · (672) ~63.7717 · Fair (672) 463.2597 Date: July 24, 1996 To: Wayne Henneke, City Finance Director From: Farmington Fire Department Cataract Relief Association Subject: Association Pension Request for 1997 The Board of Directors of the Farmington Fire Department Cataract Relief Association meet on July 23, 1996 to discuss the 1997 pension request for 1997. It was approved by the Board to request a yearly pension increase from the present $1,600.00 per year to $1,650.00 per year. The city's contribution would remain the same as last year $45,000.00. If you have any questions please feel free to contact President Bill Sauber, Treasurer Terry Threan, or myself. Thank you. Respectfully submitted, ~L.~ Thomas E. Hemish Secretary c.c. John Erar, City Administrator Cataract Board of Directors File .~i ,; FROM: Mayor, Councilmembers, City Administrator tjJf- Charles Tooker, City Planner I i 'a TO: SUBJECT: Prairie Creek Fourth Addition Sanitary Sewer Comprehensive Plan Amendment DATE: August 5, 1996 INTRODUCTION A Comprehensive Plan Amendment is required to construct a trunk sanitary sewer linking prairie Creek Fourth Addition with the Lakeville/Apple Valley interceptor. DISCUSSION Originally, sewer service for this plat was to drain northward through existing trunk sewer system. However, the Developer would have been required to place up to three feet of fill on site to keep the pipes from coming out of the ground. During plat preparation, the Developer decided to construct a trunk sanitary sewer directly to the east to connect with the existing Lakeville/Apple valley interceptor. This alignment was suggested by the City's Consulting Engineer in a proposed draft of the City Comprehensive Sewer Plan. The proposal was approved by City Engineering staff, however, the Metropolitan Council Engineering staff had not been asked for its approval. Subsequent meetings with Met Council staff answered the questions raised and established a procedure for updating the Comprehensive Plan dealing only with this issue. The Planning Commission met on July 23rd and agreed to forward a recommendation to approve the amendment to the Comprehensive Plan. The Empire Township Board was also asked to comment on the amendment and they decided to forward the request to the Empire/Farmington Joint Planning Committee for discussion at its August 22nd meeting. The Township has six months to provide an official response. It is unclear whether or not Township .approval is necessary in this process. Metropolitan Council staff has been asked to provide guidance in dealing with this amendment issue. A response is expected prior to the August 5th Council meeting. ACTION REQUIRED An update will be provided at the Council meeting which will suggest a required action. Respectfully submitted, /)/) I IfJ /f7 ~ V ,~ ~.A/~ t. Iff Charles Tooker City Planner CT3 .if Citlj of FarminiJton 325 Oak Street. FarmintjtonJ MN 55024 · (612) 463.7111 · Fax (612) 463.2591 / foG TO: Mayor, Councilmembers and City Administrator~ Charles Tooker City Planner FROM: SUBJECT: Lot Split at 20100 Akin Road DATE: August 5, 1996 INTRODUCTION The Stephen O'Dell property at 20100 Akin Road was provided two sanitary sewer "stub outs" when MUSA was extended to Pine Knoll and other housing along Akin Road. Mr. O'Dell would now like to divide his property. DISCUSSION The waiver of platting section of the City Code says, in part, that a waiver may be granted by the Zoning Officer if the property is part of a recorded plat, or if both parcels created are situated outside of the urban service area or MUSA. The O'Dell property is not part of a plat and is within MUSA and, therefore, must have Council authorization for a lot split. As indicated, stub outs were provided for two dwelling sites when the pine Knoll sewer project was initiated. Assessments for one of the stub outs was paid and the other is being paid as part of the annual tax statement. In order to sell the property, the second assessment will need to be paid. Because the house is situated entirely within the north half of the lot, it may be divided to provide a separate building site. ACTION REQUIRED Authorize the waiver of platting to divide the property at 20100 Akin Road subject to the payment of the existing sanitary sewer assessment. {Jf:ActWY~~d' Charles Tooker City Planner .; - CitlJ of Farminf/,ton 325 Oak Street · Farmin9ton, MN 55024. (612) 463.7111 · Fax (612) 463.2591 0~ TO: Mayor. Councill.1tembers and City Administrator !--,;t FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Sale of Old Dumpsters DATE: August 5, 1996 INTRODUCTION The Council previously authorized the advertisement for the sale of dumpsters no longer needed in the Public Works Department. DISCUSSION The Public Works Department has 19 dumpsters that were being used for commercial recycling and are no longer needed by the City due to changes in the Solid Waste operations. The dumpsters are in good condition. Attached is a tabulation of the three bids received on July 15, 1996. The highest bid was submitted by Hillcrest Sanitation in the amount of $1,520.00 ($80 each). BUDGET IMPACT The sale of the dumpsters will provide additional revenue for the Solid Waste operations. ACTION REQUESTED Approve the sale of 19 dumpsters to Hillcrest Sanitation in the amount of their bid of $1,520.00. ~Z~ Director of Public Works/City Engineer TJK/ll cc: file, Wayne Henneke, Benno Klotz, Lena Larson, TJK .r;'. CltlJ. of FarminfJton 325 Oak Street. FarmintJton, MN 5502~ · (612) ~63.7111 · Fait (612) ~63.2591 City of Farmington Dumpster Bids July 15, 1996 2:00 PM Contractor amount per dumpster TOTAL 5% Bid Bond Hillcrest Sanitation $80.00 $1,520.00 x Dick's Sanitation $65.00 $1,235.00 x Mendota Heights Rubbish $35.00 $665.00 none .r; FROM: Mavor, Councilmembers, City Administrator~ Ken Kuchera Fire Chief 03 TO: SUBJECT: Capital Outlay Request Scott Air Pack Fifty 2.2 DATE: August 5, 1996 INTRODUCTION Approve a request to purchase two Scott Air Pack Fifty 2.2 units complete with pak Alert, face pieces and standard aluminum cylinders. DISCUSSION The 1996 Budget provides funding for the purchase of new breathing apparatus, air cylinders and personal safety alarms for the Fire Department. The Scott Air Pack Fifty 2.2 breathing apparatus (air pack) incorporates a personal safety alarm within the unit which automatically activates an air supply and eliminates the need for an additional unattached alarm device. Clarey's Safety Equipment provides the lowest bid price in the Minnesota Fire Agencies Purchasing Consortium, therefore, only one price quote is being presented. The quote also provides for personal safety alarms to be installed in the four breathing apparatus which were purchased in 1995. This type of alarm was not available at the time those units were purchased. BUDGET IMPACT The ~996 Budget provides $4,500 for Air Packs, $1,500 for Air Pack Cylinders, and $2,000 for personal safety alarms, totaling $8,000. The price of two new Scott Air Pack Fifty 2.2 units, with alarms, face pieces, cylinders and the installation of alarms on existing equipment comes to $7,972.30. This purchase is tax exempt. ACTION REQUESTED Approve the request to purchase two Scott Air Pack Fifty 2.2 units with accessories, and the installation of personal safety alarms on 4 existing air packs purchased in 1995. Respectfully submitted, I.t "-~ Ken Kuchera ~ Fire Chief l'i CitlJ. of FarminfJ.ton 325 Oak Street · Farmint)ton, MN 55024 · (612) 463.7111 · Fax (612) 463.2591 REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT h';~ DATE OF REQUEST 7 !;;2{; /'1 h ITEM(S). TO BE PURCHASED ;2- tfy'wvfl.ib S~tr SC-oA-/ 3- tJi0~/t.O , ,3- {\J-0l;9C0 ~W ~ 0.-:>> & - ~,,-k 4-~ . AMOUNT PROV I DED . I N OR I G I NAL/ ADJUS TED 199jz BUDGET: $ &, OtJ 0 AMOUNT REMAINING AS OF DATE OF REQUEST: $ QUOTATIONS RECEIVED: ~ 1. VENDOR ~W-t-~. ~ DATE 2. VENDOR .J~ ' I.m~DATE ~ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN 1 ) ;):;2./'1& AMOUNT $ ?/~'7,1. ,?O AMOUNT $ BELOW 1"1"" LL~ C~ DEPARTMENT HEAD SiGNATU -?!::lc,!? t DATE ! ~'-J 0/t --.... h ~ FINANCE DIRECTOR SIGNATURE //~J /'7l- DATE' TO: THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGNATURE OF CITY ADMINISTRATOR DATE ACTION TAKEN BY THE COUNCIL ON THE DAY OF 19_ (A?flROVED) (NOT APPROVED) old 'FILE: CC: rF Clareq's Safety Equipment, Inc. 1216 7th Street N.W. · Rochester, MN 55901 July 22,1996 Farmington Fire Department Attn: Ken Kuchera, Chief 325 Oak Street Farmington, MN 55024 RE: Air Pak Quotation Dear Ken, We are please to offer the Farmington Fire Department the following quotation for your consideration. Unit Total Description Qty. Price Price 1. New Scott #804484-02 Air-Pak Fifty 2.2 with 2 $1,693.20 $3,386.40 standard aluminum cylinders 2. New Scott #804385-02 Pak-Alert 1000 2 $500.00 $1,000.00 Pass System installed on the above air paks 3. New Scott #804191-02 AV-2000 Facepiece 3 $150.00 $450.00 4. New Scott #804101-01 Standard aluminum 3 $378.60 $1,135..80 cylinders, spare 5. New Scott #804385-02 Pak-Alert 1000 4 $500.00 $2,000.00 Pass System installed on the air paks delivered in January 1996 Please note your total price for the above listed equipment is $7,972.20. Please contact us if you have any questions or if we can be of further assistance. Thank you for your truly valued consideration. Sincerely, "': " ......... -I ri SAFETY IS OUR BUSINESS ) f PERFORMANCE YOU CAN COUNT ON The Air-Pak' /ifI!i' continues the time-tested operating systems which have given users the easy-breathing SCBA performance they have learned to rely on time and time again for dependable respiratory protection. COMFORTABLE & USER-FRIENDLY From donning the lightweight Air-Pak riP!I. to relying on its automatic operat- ing features. right through to maintaining it. the SCBA is designed to respond to user requirements simply. efficiently. OPTIMUM VERSATILITY ( Like the Air-Pak 2.2/4.5 you may now use. the Air-Pak HAl SCBA is designed to be upgradeable. so it will satisfy your needs now. as well as in the future should your needs change. THE SCOTT FAMILY OF PRODUCTS To promote specific user advantages. the Air-Pak ftft!l. as well as the I\ir-Pak 2.2/45. utilizes components interchangeable with other Scott air-supplied and air-purifying respirators. This simplifies training and helps minimize costs. (on TO: Mayor. Councilmembers. City AdministratorF FROM: Karen Finstuen Administrative Assistant SUBJECT: Appointment of Election Judges - Primary Election INTRODUCTION The Primary Election is September 10, 1996. DISCUSSION The attached Resolution lists the judges and precinct polls that will be used in the Primary Election. BUDGET IMP ACT The costs for the election are included in the 1996 budget. ACTION REOUlRED Approve the attached resolution. Respectfully submitted, .~'V- J~v~ Karen Finstuen Administrative Assistant City of FarminfJ.ton 325 Oak Street · Farm;nqton, MN 55021J · (612) 1J63.7111 · Fax (612) 1J63.2591 PROPOSED R APPROVING LIST OF ELECTION JUDGES AND DESIGNATING POLLING PLACE FOR PRIMARY ELECTION OF SEPTEMBER 10, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City the 5th day of August, 1996 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: NOW THEREFORE, BE IT RESOLVED that the following list of election judges be approved for the Primary Election to be held September 10, 1996. Precinct 1 Eileen Sauber Norma Lord Florence Mohn Arlene Gramentz Delores Johnson Precinct 2 Gretchen Bergman Karen Pietsch Kim Soderberg Jeanne Stanek Precinct 3 Betty Raveling Suzanne White Charlene Pluntz Mary Swanson Lois Lotze Evan Brewer Joan Shea Dennis Sullivan Sue Perro Information Pat White BE IT FURTHER RESOLVED that the address of the polling place for Precincts 1, 2 and 3 shall be as follows: Precinct 1 - Senior Citizen Center - 431 Third Street Precinct 2 - Senior Citizen Center - 431 Third Street Precinct 3 - Akin Road Elementary School - 5231 195th Street West This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of August, 1996. Mayor Attested to the _day of ,1996. SEAL Clerk! Administrator t; ~i: ". - - 0/ (l ./ TO: Mavor. Councilmembers and City Ad~inistrator~ fI FROM: Thomas J. Kaldunski. P.E. Director of Public Works/City Engineer SUBJECT: Deer Meadows 2nd Addition -- Traffic Signal Light Surety DATE: August 5, 1996 INTRODUCTION As part of the Deer Meadows 1st Addition, the City recognized the need for a traffic light at 180th Street and Pilot Knob Road (CSAH 31). Council discussed this topic at the July 15, 1996, Council meeting and reaffirmed the need for surety until January 1, 1999. DISCUSSION The City Council established $27,500 escrow account towards a traffic light at 180th Street and Deer Meadows 1st Addition. The need for this traffic light was based upon discussions which: 1. Eliminated the interconnection of local streets between Deer Meadows and Hill Dee subdivisions . 2. Recognized the Deer Meadows PUD was split into two phases, requiring a longer period for traffic patterns to develop. 3. Recognized that the City and County were working towards a joint improvement project on CSAH 31 (pilot Knob) in 1996/1997 which would result in a four lane street section on Pilot Knob. The need for improved geometric alignments at the intersection was also recognized. The City did not require the developer to install a right turn lane for traffic heading west on 180th Street into Deer Meadows because this improvement is anticipated with the CSAH 31 project. When reviewing the reasons why this surety account was required, it appears appropriate and reasonable for the City to request an extension of the surety agreement escrow account beyond the original January 1, 1999 date. A one year extension of this effective date would allow sufficient time for the improvements in Deer Meadows and on CSAH 31 to be completed. The appropriate time to make the decision on the traffic signal needs will occur once these improvements are in place. The best time to review traffic control devices is after the traffic patterns have become established. .; .~f CklJ. of Farminf/.ton 325 Oalc Street. FarmintJton, MN 55024 · (612) 463-7111 · Fa~ (612) 463-2591 BUDGET IMPACT The City established this $27,500 escrow account to reduce the financial impacts to the City's residents by new developments. Releasing the escrow funds before the traffic pattern is established could result in extra costs to the City. The City would have to determine how to cover 50% of the traffic signal costs if this escrow account is released before the warrants of the Minimum Uniform Traffic Control Manual are met. The possibility of assessing these traffic signal costs to benefited properties could be considered. RECOMMENDATION Council should consider extending the $27,500 escrow account effective date from January 1, 1999 to January 1, 2000, in the Developers Agreement for Deer Meadows 2nd to allow the City and County sufficient time to review the traffic signal need after the improvements on CSAH 31 have been completed and Deer Meadows is fully developed. ~IYS7:h Thomas i~, P.E. Director of Public Works/City Engineer TJK/ll cc: file Development Committee Tim Giles, Crystal Ridge Dev. Jay Hill, Westergren Associates I (of l '. TO: Mayor, counc~lmember~~ C~ty Adm~n~st:rator /~ / / FROM: Charles Tooker, City Planner SUBJECT: Deer Meadow 2nd Addition Development Agreement DATE: August 5, 1996 INTRODUCTION The preliminary plat of Deer Meadow 2nd Addition has been approved and the proposed development agreement has been forwarded to the developer, who has some questions to be discussed with the City Engineer. If they have not been resolved prior to the meeting, the developer will ask for further discussion with Council. DISCUSSION Several questions with the proposed development agreement have been raised. Questions regarding land area calculations for surface water management and water area charges are relatively simple to resolve. More difficult questions include: . the requirement to install a new pond outlet on the east side of Pilot Knob Road south of 180th Street to an existing culvert south of 182nd Street West (Paragraph 15) ; . the requirement to loop the water main system with Upper 182nd Street~West (Paragraph 17); and . the requirement to extend the surety for a one-quarter share of a traffic control signal by one year, to January 1, 2000. The surety is a requirement of the Deer Meadow Addition development agreement. (paragraph 20A) The first two requirements are based upon City policy which reflects current engineering practice, whereas, the third requirement has been proposed to reflect the addition of 44 housing units which may not be in place until the 1999 construction season. ACTION REQUIRED If all the issues can be resolved, adopt a resolution approving the development agreement and authorizing its signing. /JJJSP#tfUl~ ~'l'mit}ed, ~ 14 ~ f/.' I f"v ,_...- Charles Tooker City Planner CitlJ. of Farminf/ton 325 Oak Street. Farminf.Jton, MN 55024 · (612) 463-7111 · Fa:r (612) 463.2591 DEVELOPMENT CONTRACT AGREEMENT dated this 5th day of August, 1996, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Crystal Ridge Holding Company, a Minnesota corporation (DEVELOPER). 1. Request for Plat ~pproval. The Developer has asked the City to approve a plat for Deer Meadow 2nd Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: Outlot B, Deer Meadow 2. Conditions of Approval. The City hereby approves the plat on the condition that: a. the Developer enter into this Agreement; and b. the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by tne City Plan F - Final Street and Utility Plans and Specifications .if.!: -- .. ' 1 Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. 4. Sales Office Re~irements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoning/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Re~ired Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees .it 2 The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a preconstruct ion meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette containing the following information in an Autocad Release 12 compatible format (.dwg or .dxf files) : - approved plat proposed utilities (storm sewer, water main, sanitary sewer) - layer names should be self explanatory, or a list must be included as a key. If the Developer does not provide such information, the City will digitize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by October 31, 1997. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. ~: 3 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. If all improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. If streets and underground utilities are installed by separate contractors, the warranty period on streets shall commence after the final wear course has been installed and accepted by City Council resolution and the warranty period on underground utilities shall commence following their completion and acceptance by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety ~re furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 10. Grading Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. 4 If the developer needs to change grading affecting drainage after homeowners are on site he must notify all property owners/residents of this work prior to its initiation. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $ 275.00 Erosion and Sediment Control fee based upon the number of lots in the plat, plus inspection fees at the current rate of $39.00 per hour as charged by the Soil and Water Conservation District. The Developer is also responsible for a Water Quality Management Fee of $ 455.20 based upon the number of acres in the plat. 12. Landscaping. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. .if; .r 5 .' 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City'S Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance w~th any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement any may require submission of a new plat. 15. Surface Water Mana~ement Area Fee. The Developer shall pay an area storm water management charge of $ 71,382.64 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8\) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections'to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall .~i 6 be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. . The Developer shall be required to install a new pond outlet from the existing 15" pipe on the east side of Pilot Knob Road to the existing 36" culvert near 182nd Street to conform with the City Comprehensive Sewer Plan update. The City will issue a credit of $10,980.00 for storm sewer trunk oversizing on this pond outlet. . The Developer shall also receive a credit of $10,078.50 for ponding created in Deer Meadow and Deer Meadow 2nd Additions, plus a credit of $293.00 for storm sewer oversizing resulting in a net surface water management fee of $50,031.14. 16. Wetland Conservation and Miti~ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. In addition, the Developer is required to transfer the title for Outlot B within this plat, including wetland deed restrictions, to the City of Farmington. Also, the Developer agrees to install signs on all four sides of the outlot indicating that it is a Natural Conservation Area which is subject to flooding. 17. Water Main Trunk Area Charge. The Developer shall pay a water area charge of $ 33,815.97 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. ,; 7 In addition, the Developer will be required to loop the water main system with Upper 182nd Street and to restore any improvements that are disturbed when the loop is installed. All associated costs will be the Developer's responsibility. . The Developer will receive a credit of $10,500.00 for water main oversizing resulting in a net water main trunk area charge of $23,315.97. 18. Sanitary Trunk Sewer Area. The Developer shall pay a sanitary trunk sewer area charge of $ 23,178.78 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. . The Developer shall receive a credit of $3,605.18 for past assessments a~d $1,409.75 for sanitary sewer oversizing, resulting in a net Sanitary Sewer Trunk Area charge of $18,163.85. 19. Park Dedication. The Developer shall pay a park dedication fee of $ 32,595.00 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases 8 shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. . The Developer shall receive a credit of $7,430.40 for constructing an 8 foot wide bituminous trail on the south side of 180th Street, resulting in a net Park Dedication fee of $25,164.60. 20. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $4,277.14 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 20A. Traffic Control Device and Turn Lanes. The Developer agrees to extend the period of time that the City may hold $27,500.00 in escrow to pay for 1/4 share of the cost of the traffic control device at 180th Street and County Road 31, identified in the Development Contract for Deer Meadow until January I, 2000. In addition, the developer is responsible for providing a right turn lane off of County Road 31 unless the County includes one in the County Road 31 reconstruction project. 21. GIS Fees. The Developer is responsible for a Government Information System fee of $1,1000.00. based upon the number of lots within the subdivision. 22. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 23. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. ~ .~t - - 9 24. Clean U~. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. 25. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $695,642.68. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be for a period ending October 31, 1997. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Lateral Water Main Storm Sewer Street Construction $ 63,250.00 Monuments $ 8,800.00 $107,490.85 St. Lites/Signs $ 13,562.50 $136.874.27 Blvd. Trees $ 21,200.00 $ 66,723.44 Blvd. Sodding $ 13,194.22 $224,771.40 Wetland Protection $ 5,000.00 Two Years Principal and Interest on Assessments $ 34,776.00 This breakdown is for historical reference; it is not a restriction on the use of the security. .il' 10 26. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the Ci~y within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (3) days shall accrue interest at the rate of eight percent (8%) per annum. 27. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 28. Existing Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed ~ 11 tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 29. Develo~er's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 30. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of rough site grading, installation of erosion control devices and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be 12 issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end or the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, that the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees, that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Feder~l laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one " 13 directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 25 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 29 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a .reasonable amount to compensate the City for its damages. 31. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Tim Giles Crystal Ridge Holding Company 8343 210th Street West Lakeville, MN 55044 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 14 CITY OF FARMINGTON SIGNATURE PAGE By: Eugene "Babe" Kuchera, Mayor By: John F. Erar, City Administrator DEVELOPER: Crystal Ridge Holding Company By: Its Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota (61.2) 463-71.1.1. 55024 1.5 l; FROM: Mayor, Councilmembers, City Administrator;7~ Wayne Henneke Finance Director 0' j TO: SUBJECT: Payment of the Bills DATE: August 5, 1996 Due to the additional time necessary to complete the Proposed 1997 Budget, Finance staff has been unable to prepare the list of bills in time for inclusion in the agenda packet. The list of bills will be available prior to the meeting Monday evening. Respectfully submitted, Wo.pu-~ Wayne Henneke Finance Director CitlJ. of FarminiJ.ton 325 Oak Street · Farm;nijJonl MN 5502~ · (612) ~63.7111 · Fax (612) ~63.2591 /' , , / '-'I ",~ ,1..1: \b\l)[ ~1l111 L';:\ ~~~uncii (it': ,-\dmmlstrator'rt- . / From: Geraid A. HenrIcKs HR.-\ Executl\'e Director Subject: Lexington Stanaara Date: J ul \" .J 1.1996 Introduction Lexington Standard has requested the HRA to sell it Lot 1 Block::: F mnington lndusmai Park for the purpose of constructing a 60.000 square foot facility in Farmington. Discussion The Farmington Housing and Redevelopment Authority has reviewed and approved the preliminary design plans for the Lexington Standard 60,000 square foot construction proposal. The proposed project would occur on Lot 1 Block 2 F mnington Industrial Park. It is anticipated that the construction would commence in August 1996 with completion in February 1997. It is anticipated this proposed project would create an additional 20 plus jobs in Farmington over the next two years. Lexington Standard has requested Tax Increment Financing assistance for this proposed project. The Tax Increment Financing Plan is attached for your review and approval. The total increments generated will be $793,712 with Lexington Standard receiving 90% of the increments( $714,344 over the 8 year period). The local Government Aid penalty would be $287,872. This penalty can be avoided by the HRA contributing 10% of the total increments generated prior to the end of the construction completion or by contributing 10% of the increments generated annual1y($99.210 prior to the first year of disbursements of increments). Example. if the district is established in 1996 with construction completed in 1997. the HRA would be required to contribute 59.921 in 1998 to off-set the LGA penalty. The annual contribution would provide the HRA an opportunity to reduce its rinancial outlay at this time and provide for the HRA to place the land sales dollars in an interest bearing account to assist in meeting this future obligation of the HRA. Financial impact information reiating to this project was presented to the HR.-\ at its July 8.1996 meeting. This information is attached for your reviev.... Requested Action CitlJ.'of Farmin9ton 325 Oak Street · Farmintjton, MN 5502~ · (612) ~63-7111 · Far (612) ~63.2591 Lexington Standard Corporation Tax Increments Generated July 31,1996 Assumptions Administration expense percentage Percentage of TIF provided to L-S Construction start and completion Estimated Market Value(based on 75% of estimated construction costs plus land costs) Economic Development 8 years 35 % of annual increments if no off-setting contribution 10% 90% 1996 Type of Tax Increment District Life of TIF District *Local Government Aid Penalty ** $1.767.250 1996 Total increase in estimated market value Times: Commercial tax classification rate Net Tax Capacity Less: Base Tax Capacity Captured Tax Capacity Value Times: Tax Capacity Rate Annual Gross Tax Increment $1.767,250 4.6% $ 81,294 5.980 $ 75,314 1.31735 $ 99.214 Lexington Standard would receive 90% of tax increments for 8 years City would receive 10% of tax increments for 8 years Total increments available for disbursement $ 714.344 79.368 $793,712 *The Local Government Aid penalty for the City using Tax Increment Financing to assist Lexington Standard would be calculated as follows: ( the LGA penalty is implemented if there is no off-setting local contribution) Total Increments distributed ( $99.214 X 8 years) Local Government Aid penalty( $35,984 X 8 years) Off-setting Local Government Aid contribution ($9,921 X 8 years) $ 79.368 ** Minnesota Statute 469 allows cities to make a 10% contribution based upon the total increments distributed to off-set its LGA penalty associated with establishing a TIF District. The 10% contribution is calculated as follows: Total increments distributed $ 793,712 Local contribution at 10% ofTIF $ 79.368 $ 793.712 287.872 .:;.. The Farmington HRA requests the City Council to establish economic development tax increment financing district # 11 for the Lexington Standard proposed project. The anached resolution notes that the City intends to use M.S. Section 273.1399. Subdivision 6(d) to avoid the LGA penalty. A motion approving the anached resolution establishing TIF District # 11 is requested. Respectfully Submitted, ~. 'I ,~ ) ~ -4(' "" ,~(~? ~ Gerald A. Henricks HRA Executive Director cc: HRA Files .i;-:' Section A. Section B. Section C. Section D. Section E. Section F. Section G. Section H. Section 1. Section J. Section K. Section L. Section M. Section N. Section O. Section P. Section Q. Section R. TAX I:\fCREMENT F[\.-\\CI:\G ?L\.\ TABLE OF CO'\TENTS .J'"'l{"~ ~ Detinitions and Exhibits............. ...................................................... Statutory A.uthority . ......... ..... ..................... .................................................. - Statement of Objectives ........ ....................................................................... - Statement of Development Program ........................ ............ ............... Legal Description of Project Propert)' ... ..............0................... .........0 .......... ' Statement of Development Activities for \\.lbich Cuntracts Have Been Entered Into. .......... ......... .............0.... ,....................................... ... Identification or Description of Type or Other Speciric Development Reasonably Expected to Take Place Within the Project and Expected Date or Dates Thereat.... ......0................. ......................................................... .., Statement of Total Development Activities to Take Place with Proposed Date of Completion ..................................................................... 3 Project Cost Estimates Including Administrative Expenses ....................... -+ Fiscal Disparity Method of Disbursement ...................................................' -+ Proposed Bonding Indebtedness to Be Incurred......................................... -+ Source of Revenue to Finance or Otherwise Pay Public Costs .................. -+ City/HRA Contribution to the Project ....... ..... ........................ ................... -+ Most Recent Net Tax Capacity of Taxable Real Property Within Tax Increment Financing Districts.............. ...................................................... J. Estimated Captured Net Tax Capacity oiTax Increment Financing District Upon Development Completion ............ ........... .......... ......... ......... Duration of Tax Increment Financing District .......................................... Statement of Authorities' Estimate ot Impact or Tax Increment Financing District on Assessed Values of All Taxing Jurisdiction .-\tfected Thereby...... ........... .... ................................................................. : Studies and Analysis.. .......... ............- ....................................... ................. THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON. ~lINNESOTA TAX INCREMENT FINANCING PLAN (MINNESOTA STATUES 469.174 TO 469.190) for ECONOMIC DEVELOPMENT DISTRICT #11 Adopted on the day of City of Farmington, Minnesota , 1996, by the Acting Pursuant to Minnesota Statues 469.001 to 469.047 Prepared by: Gerald A. Henricks Executive Director Farmington HRA "Tax Increment financinf!:\ct" :nc:.lns \ iil1I1cSUI:;''::: tJLUt;:S. ~ ,;,;::,-'[1) _11'1 JOIh inciusiye. as amended and supplememcu [rom llmc tl~ t::11c. _ , . .", . ....,\ - ~~lrou~n -fi)'-}.: '. "Tax Increment Financing Plan" means me reSDecme l-l:\. ::1Cr~mcI1l t":;:anclrJ.g i)~:.:a for each Ta.'\: Increment Financing District loc:neu within the Oe\(~lopmem Program. "Tax Increments" means theta'\: increments deri\'edfrom the l.l.\: Increment Fin:mcmg DistrIct. EXHIBITS " A" - Legal Descriptions "B" - Estimated Public Costs and Estimated Bonded Indebtedness "C" - Estimated impact on Other Ta'\:ing Jurisdiction "0" - Captured Tax Capacity/Duration ofTa.'\: Increment District "E" - LGAlHACA Penalty Calculations "F" - Map of Economic Development District "G" - Map of Redevelopment Project Area \v'hich Includes Economic Deyeiopment Distrrict No. 12 B. Statutory Authority The Housing and Redevelopment Authority of the Ciry of Farmington. Minnesota (hereinafter HRAl. undetakes this project pursuant to Minnesota Statutes 469.001 to 469.047 as Economic Development District # 11. Further, pursuant to M.S.A. 469.174 to 469.190 the HRA intends financing for Economic Development District # 11 through the use of Tax Increment Financing. C. Statement of Objectives 1. Provide and improve opportunities for growth of the tinancial base of the City: ') Provide employment opportunities through the creation of new jobs; and the preservation of existing jobs. ... .). Provide opportunities for the expansion of an existing business: 4. Acquire land or space which is vacant. unused. underused. or inappropriately used: 5. Acquire property for reconveyance to and use by privaate enterprise: 6. Eliminate blighting influences which impede potential development and upgrade developed property within the City; 7. Create employment opportunities: s. Coordinate elements of the City's Comprehensiye Plan and the HR.<-\ 1974 Redeveiooment Plan. :is amended. with project objectives: and o Provide maximum opportUnity. consistent with the needs of the Ci,ry. for development by private enterprise. (-.' A. Detinitions and Exhibits The terms derined below have. for purposes or this Economic De\eiopment Program :.mci T JX incre- ment Financing Plan. the meanings herein specified. unless the context speciric:111y requires other- \VIse: "City" means City of Farmington. a municipal corporation ana poiitical subdi\"ision of the State of Minnesota. "City Council" meand the City Council of the City. "County" means Dakota County, Minnesota. "Development District Act" means Minnesota Statutes. Sections 469.174 through 469.190. as amended and supplemented from time to time. "Economic Development District" means Economic Development Districvt No. i 1 or the City, the boundaries of which are described on the attached exhibit. "Development Program" means the Redevelopment Program for the Redevelopment District adopted in 1974 and amended on February 8. 1990 by the City Council. "Governing Body" means the dult elected City Council. "Land Use Regulations" means all federal, state and local laws. rules. regulations. ordinances and plans relating to or governing the use or development of land in the City. including but not limited to environmental, zoning and building code laws and regulations. "Municipality" means and city, however organized. "Public Costs" means the repayment of debt service on any Tax Increment Bonds. the costs set forth in Section K of the Development Program. any other costs eligible to be tinanced by Ta.'( Increments under Minnesota Statutes. Section 469.176. subdivision 4. "Site Improvements" means the improvements described in Section K of the Tax Increment Financing Plan. "State" means the State of Minnesota. "Tax Increment Bonds" means any ta.'( increment bonds issued by the City to tinance the Public Costs of the Development District as stated in the Development Program and in the Ta.x lncre,ment Financing Plan. and any obligations issued to refund such bonds. "Tax Increment Financing District" means and tax increment tinancing district presently established or to be established in the future in the Development Program project area. I 1 ) 1. Project Costs Estimates Including Administrative Expenses See Exhibit "B" attached .J. Fiscal Disparity Method of Disbursement Fiscal disparity for this Tax Increment District will utilize option (a) as the contribution method option (a) "provides that the original and captured assessed values of the Ta.x Increment District are determined without regard to fiscal disparities. The Tax Increment Financing District itself does not contribute financially to fiscal disparities. The entire cost is therefore spread upon property outside the Tax Increment Financing District. [Minn. Stat. Section 273.76. subd. -+(a)]." K. Proposed Bonding Indebtedness To Be Incurred The HRA shall be reimbursed certain public improvement costs out of ta.x increment tinancing funds initially financed by bonds or other financing issued by HRA. Said financing to be in accordance with paragraph H above. L. Qualifying Local Contributions Pursuant to Minnesota Statutes, Section 273.1399, Subdivision 6(d), as added pursuant to Laws of Minnesota for 1995, Chapter 264, Article 5, Section 6, this Tax Increment Financing District is exempt from the regular Local Government Aid/Homestead and Agricultural Credit Aid "penalty" provisions otherwise applicable pursuant to said Section 273.1399, provided that a "qualifying local contribution" is made. For an economic development tax increment district such as this Tax Incre- ment Financing District, the applicable percentage of local contribution is 10% of the increment. Pursuant hereto and pursuant to City Council resolution approving this Tax Increment Financing Plan, the City elects to avail itself of, and hereby elects, the above mentioned 10% local contribution percentage. The City is also mindful of the requirement in these new statutes that in any givenyear the City may not make a local contribution for all tax increment districts which exceeds 2% of its net tax capacity (as defined in Minnesota Statutes, Section 477 A.011, Subdivision 20). M. Economic Development and Job Creation The City agrees to comply with Minnesota Statutes, Section 1161.991. which states that a business receiving state or local government assistance for economic development or job growth purposes. including tax increment financing, must create a net increase in jobs in Minnesota within two years of receiving assistance. N. Reasonable Expectations Reasonable Expectations is required by the Tax Increment Financing Act. in establishing Tax Incre- ment District No. 11 , the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected Tax Increments for the maximum duration of Tax Increment Financing District No. 11 permitted by the Tax Increment Financing Plan. (4) D. Statement of Development Pro!!ram [he T <1..'( Increment Financing District is being created ror the pumosc III (l~mmumg 11TIDrOvcment Jnll revitalization activities in the City in accordance with the Citys ComDrnenslve Plan and the obiectl\cs orHRA as stated in the 1974 Redevelopment Plan. as amended. The proposed EconomIC Development District contains a new construction project to locate an existing busmess in the recently constructed Farmington Industrial Park in accordance with HRA. project plans and objectives. The HRA proposes to assist the existing business in acquiring a speciric parcel or land as heremafter legally described for the construction project and in addition. the business will be assisted in recovering a ponion or the costs of site development. public utilities installation and other eiigible improvement costs associated therewith. Funding of Public Development Costs \vill be born by the company and reimbursed by increment Financing receipts so generated as delineated herein. Currently the HRA. is negotiating the development contract relating to the construction of the facility to be located on the site. In conformity with HRA and City Plans the Project is intended to create job opportunities within the City and provide existing manufacturing facilities. improperly located at the present time. to reiocate to an appropriate site within the Industrial Park. E. Legal Description of Project Property Lot 1. Block 2. Farmington Industrial Park Lot 1. Block 3. Farmington Industrial Park Second Addition F. Statement of Development Activities for Which Contracts Have Been Entered Into No contracts have been entered into as of the date hereof. G. Identification or Description of Type of Other Specific Development Reasonably Expected To Take Place Within the Project and Expected Date or Dates Thereof Although the Industrial Park has been and is being promoted for development \vithout government assistance. this development would not occur without government assistance. H. Statement of Total Development Activities to Take Place With Proposed Date of Completion Purchase and Transfer of Project Propeny.............. ........................ ... .......... ..... --free of encumbrances thereon-- . A.ugust 1996 Site Preparation for Construction.... ............... ................................................. August 1996 Installation or C tilities .:............... ................................. ................................... September 1996 Paving............................................................................................................. . ); ovember 19y6 Curbs and \Valkways Installed........................................................................ '<ovember 1 Y06 Landscaping.. ........ ................. ....... ............. ..................................................... June 1997 (.J ) : x H I BIT A,~ CITY OF F~r\\~I'-G7Q'-', "",-'-ESOT.'., :C.\''.TC'.\'-' K:::::\::LC?\',:'- - :::~C:::C~ ~ ,::\ :':C:--;C.\\IC C::VELOP,\~E~T \,\\ ,,'.C::\::\',:'.-;- :::'.,.:...'.c:~,C ='5-::'C~ '.C. .. Legal Description oi City oi Farmington Tax increment Financing District So. 11 I~e aoove-reierencea Distrlct:s ic=~t:iiec i:-. ::-.e r~::r:s or =.=".:;:a C::';:-,7\'. '::-:-esc:.= ana t~e Ci:y of rarr:-::i.g:c~ ::y :~e !'~,;c'.ving ceSC:-:::1C:-:: Lot 1, Slock 2. tar;-:-:ing:o:11:iCus:i:21 ParK ?r.2se i --... ';:'.1\,,1 Lot 1, Slock 3, Farr:1ir.g:c:i I~::;s:j:ai ?::rk ?~.=se Ii ,; ::cres) .- '" In making said determination. reliance has been placed upon written representatlves made by the developer to such etfects and upon City starf awareness or'the feasibility l)f de\.eloping the proiect site. .-\ comparative analysis of estimated market values both with and witham establishment or Tax Increment Financing District No. 11 and the use or' Tax Increments has been performed as described abO\'e. Such analysis is on tile with the City. and indicates that the increase in estimated market \'alue ot the proposed development (less the indicated subtractions) exceeds the estimated market value otthe site absent the establishment otTax Increment Financing District ~o. 11 and the use or' Tax Increments. O. Estimated Captured Net Tax Capacity of Tax Increment Financing District Upon Development Completion See "Exhibit "D" attached hereto. P. Duration of Tax Increment Financing District The Tax Increment Financing District is an Economic Development District. The District shall exist for eight (8) years from the date of the receipt of the tirst tax increment payment or ten (10) years from approval of the Tax Increment Financing Plan. whichever is earlier or. if the public costs are repaid within a shorter period. the district shall be dissolved as of the date of repayment of such costs. Q. Statement of Authorities' Estimate ofImpact of Tax Increment Financing District on Assessed Values of All Taxing Jurisdiction Affected Thereby See Exhibit "D" attached hereto. R. Studies and Analysis In 1984. Barton-Aschman Associates. Inc. prepared a study of Retail Market Analysis and Revitalization. Subsequently, and in conjunction with the above named study, Milo Thompson prepared a further study in 1987. taking into account the physical locations of revitalization activities to accomplish HRA objectives. In the intervening years the City of Farmington and the HRA have repeatedly attempted to accomplish the objectives and parts thereof by private investment and devel- opment without government assistance. None of those efforts have been successful as each inter- ested private developer found that development. without substantial government aid. was not fea- sible. Therefore. since no private development was found to be feasible and since the City of Farm- ington and the HRA must move forward to accomplish the objectives of development and redevelop- ment and eliminate blight and the causes associated therewith. the project is being undertaken by the HM. Although the HRA has repeatedly attempted to induce private investment. the fact is that both in'the past and in the reasonably foreseeable future. it appears that private investment and development of this nature is not viable withom 2:overnment assistance. .:; ( 5) cXHIBl7 .J. " ~ oJ CiTY OF ~:";:;MING70~L [,IINNESCT:' CCWNTOWN R=OEV2-0F~.1=~,iT ~~O';=':T':',:;c.:" ~. G ~. - -.., 'C- , " -. :CC~O.\\IC :E\'ELO?...\E~ T 7!..X !'C::;:E.\~:' I Fi~~.'\...'" c.. ,::: i ", ''v. . ESTIMATED IMPACT ON OTHE::i TAXING JURISDIC710NS Estimated Average Ca;Jturea -;- ~x C a:ac::y ! ~ 998-200: \ Payable 1996 Local Tax Rate - - - - '" ... : I .:..; ,- .. 21 .725 : ': Estimated Annual Tax lnc~eme~t S99.2~5 PA Y A8LE 1996 TAX CAPACITIES OF AFFEC7ED TAXING JURISDICTiONS Dakota CJunty School District City of Farmington TAX CAPACITY 266,222,501 CA;::TU~.=J -.:.X ;::=~ENT C.~.r:.ACi7"Y C..~~TURED c:::: ... - ........ .. _1;:).';.- :'.03 7,452.154 S75.3;~ ;""1 '" ~ VI 3.812.724 :: - ~ ~.. ~ - {"". - . - ~. ~8 ... DOLLAR IMPACT ON AFFECTED TAXING JURISDICTIONS PAY .- c,..... TAX ADDED 1_:::'0 LOCAL eo OF I r--..cR8v1 ENT LOCAL TAX RATE TOTAL Sf-l..6.RE TAX RATE Dakota County 26.569 c: 20.1F'o 20,010 ,J.008. . School District 68.394 " <: 5 1 . S 2 ~/O =1,510 0.691 ., City of Farmington 34. i69 " 2 6 _ 3 90/0 25,186 J.687 - Other 2.003 "0 1 -~O/ 1,509 . =~ 0 i31.735 <: 1 'JO.CGOlo 99,215 STATEMENT #1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions even if the City does not c~eate Tax Increment Financing District . No. 11, then the creation of the District will reduce the tax capacities and increase the tax capacity rates as illustrated in the above-referenced tacles. STATEMENT #2:t.ssuming that NONE of t:-:e captured tax capacIty would be available 10 all taxing jurisdictic~s if the City did not provide tax inc~ement assistance througn Tax Increment Financing District No. 11. then the plan has VIrtually no initial imoact on the tax capacities of the taxing jurisdictions. However. once the District is establisheo. allowaole costs are paid from increments. and the District is termmated. all taxing jurisdiction Will enjoy an improvement in their tax base. -" EXHIBIT -SJl CITY OF FARMINGTON. MINNESOTA COWNTOWN REDEVELOPMENT PROJECT Ar.=.:" :CO\:O.\1IC CEVELOPMENT TAX I\:CRE.""C'"T ri\:,.l..'C',G :: :~T~iCT '0. . . ESTIMATED PUBLIC COSTS TO SE FINANCED : :s the intention of the City of Farmington to reimburse the ceveiocer cf trois carcsl lor ccsts =.ssociated with site improvements and construction, as well as utility ana roaa extensions to the ~xtent authorized by this plan. It is the expectation that this cistrict wiil generate SS9.2~.i ?':"1nuaily, and thus will over a period of 8 receipt years generate 2.:Jproximate!y S793. 7~ 4 ." . ::al increment revenues. As stated earlier, these monies will t:e utilized for e!igible ccsts ~curred by the developer including site preparation. construction and ac:uisiticn. access ,cao. signage, footings and foundation, and utility extensions. ESTlMA TED BONDED INDEBTEDNESS t is not the intention of the City to issue bonds for the project, including aoministrative expenses. The developer will be required to provide the City with evidence of the eligible costs incurred prior to the distribution of annual increment receipts. The application of the . ax increment revenues are as follows: Site improvements, structural construction, road and utility extensions and other related exoense: Administrative expenses 71~.343 79.371 TOTAL 733.714 ./' =XHIB1T --t '= f'f ::7Y OF FARMINGiCN. ~.~lNNESOj:'" :':'.VNTC'lJN ~EG=V=L.C;:~,~=!'rr ~~.'~=:-:-- ':'F=.::,; :(O:\;C' C ::E\'ELO?,'l.1E~T T..>..X i~CRE.\\E'. T r:i'''' ,c'.C :::ST~C '. -:. . : LGAlHACA PENALTY C;'LCtJLA TJ01\:5 : SSUMPTI ONS: ::Strlct ::staOils:;ed Aug~sl 6, ~ ~~5 ='~!ect C~r.strwc:=a CUring ~ 996 =;rst Tax :ncrer.1ent ReceIved in 1998 OPTION '~':.;R 7':"XES '=.:R =.l.Y;.SLE i c-- _'::'~ "- 997 . 998 ~ .:. i 999 ~ 2000 -3 2001 2002 - 2003 - 2004 J 2005 CA?'D T:FTAX CA?t.C;TY ,=~ASE.!N QUALIFY. C'Q i;\G ?E? STATE T1F tAX . "" CPTION 3 i O. C 0 ~o 3::~':O_ ~:"';'J 7.;',X :==:<~L TY :.... '2. A/ -.. -- ~ ~.'-=:: C"=',~;:'C:TY -.:.x '..,-. .. -,-\",..I"'\ , --., '___~.1.- I_A I."J C,:..r: ;',C;7Y =,':'-,::; \ ~. ;::~~:..'~. ,='.(:"~G ) =':'7= '2) ==~!AL 7'./ , .. I ::\-=~~ 0 iCO.OG% J - - - - : - _. 350'0 99. -1 A ~ CO. OC~/" . 21 A 90 5C c: - ~ ::: -:l 350/= . ==4 - - . ~, .. - - .. ........ ,-....-' -_. - ~ - 99,21 4 i :0,00% 99 21 4- ...., ...- :95:3 . , c;:, C' 25,984 - , . - ~. __ 0 - I 99,21 4 , 00.00% C'" ,.... 4 ;'J.5':c= :9.5':3 . , 1:;':: Of - - A ~21 _ ':j, It. I __ 0 ~- . ':.":.... - 99,2' 4 i 00.00% 99,21 to .~ =..... -: ~o :::!'"':l . , :: "" 0: :: 5. ~5 4 ~ -. -..., - -.... _ ~ 0 - =':;"1 99,21 4 . 00.00% S:3,21 A 9:J 5':' c: -- -.3 550'0 :;5,984 co;, I .. ...':::,::'... -_. - . 99,2 , 4 i 00.00% 99,21 to ;0. SCO~ :9.5Ca :; 2 . 5 6 ~'o 25.984 - ;21 99,21 4 , 00.00% 99.2' 4 ;,J.5'~o: :9,50S -.... - ~ Of 35,584- 921 ..:.::. co .0 - 99.21 4 , OO.CO% 99.21 4 S'J. 50 =: ~ :9,5CS 22.85% 25.984 - ;2' TOTAL= :;87,872 ;"9,368 . .07= (1)- ?~r Tom Clark, Department of Revenue, 297'2533.':":':':~:.m:5 ~~ fL.:t'.,;r~ WliI vary. ',CTE (2)- ;::~r Terri Yetter, Department of Ed:.Jcatlon, 297.3525. ';'.710:';:-::5 in fL.::L.:re will vary. ',:7= (3)- Estimated reduction in State paid LGA or ~ACA Ci:S. :~ t:slrs:. t~e C::y r;-.ay .:~ease the tax levy to cover the rec:.Jction. ../ .:: ~: x H I B I r - LJ . ::j'i C~ FARMING7C~~. f.W'~NESC7;' :~::\VNTC\VN r:.E=:='/=LC';:~.~E:~'"7 ;:=.::~=.:~ ,~I:;=-~' :::\C.\1:( :~\':LC?\\E.\ 7 -.':"'\ i\C~::\1:\ ~: "~.".C:',C :~-~C~ ',,~. .. CAPTURED TAX CAPACITY ~SSUMPTIONS: :Istrict Establishea August 6. 1996 ?~oject Constructed During 1996 ?:rst Tax Increment Receivea in 1998 PROJECT DESCRIPTION: LEXINGTON STANDARD (A) (8) ( C) (D) (E) ( F) (G) (H) ( I ) CAPTURED 100.00% 90.00% ASSEs....~R'S \=.\V 3AS= -,l.X =ST!MA TEQ -~"""l,~^--- ::::: llhll"\ I =:... ',',':"LUE '?,A.Y MARKET CLASS T.:',X "7" ':'.X CAPACiTY -,';X - 1'/ ,-,,,\ YE.AR YE.AR VALUE RATE CAPACIIY CAP.':'CTY VALUE :~.x:r.i3.!;~T '\.cR2.12<; 1996 1997 0.00% -:997 1998 1.767.250 4.60% 81.294 5. sao 75,314 ~9.21~ ...,.... ""........ ,O~. ~:;.; 1998 .coo 1,767.250 4.60% 81.294 5.980 75.314 99.21.1 39.2S3 I........." 1999 2000 1.767.250 4.60% S 1.294 5, sao 75.314 C1Q ?1~ 89.2~3 ............ ""+ 2000 2001 1.767,250 4. 60~'o 81.294 5.980 75.314 99.214 -9 --- d . ::"-:.j 2001 2002 1,767.250 4.60% 81.294 5.980 75.314 99,214 8~ ~ 2002 2003 1.767.250 4.60% 81.294 5.980 75,314 99,214 8 _. _:::~ 2003 2004 1.767,250 4.60% 81.294 5.980 75,314 99.214 89,293 2004 2005 1.767,250 4.60% 81.294 5.980 75,314 99,214 89.2S3 2005 2006 0 0.00% 0 0 0 0 $ 793,712 $ 714,3':'~ NPV= S622.242 $560.018 (B) The 1996 Plan identifies an 8 year district with pay 2005 being the last year to collect increment. (C) Assumes a "new" market value of $1 ,767,250 for the building excluding $130,000 for land value. (D) As per current state law. (E) Assessor's market value upon completion of the proposed strudure multiplied by the class rate. (F) The 1996 market value of the District ( $130,000) multiplied by the class rate. (G) The difference between the new tax capacity and the base tax capacity. (H) The estimated tax increment based on a tax rate of 131.735 %. Although the currenttax rate is higher, Minnesota Statutes 469 states that the tax capacity rate used for this calculation shall be the current rate of the base year rate, whichever is less. A:Captax/suepm4 .:i \VHEREAS, Independent School District No. 192 and the Board or County Commissioners in and for Dakota County, Minnesota. have made a response as of August 1, 1996. WHEREAS, the City Council of the City of Fannington. Minnesota. on the 5th day of August, 1996, held a public hearing for discussion and comment reference approval of the Tax Increment Financing Plan and establishment of the associated Tax Increment Financing District; and WHEREAS, such notice of such public hearing was published on the 25th day of July, 1996, and such notice was published pursuant to law; and WHEREAS, after presentation of the Project Property Tax Increment Financing Plan. a copy of which is hereto attached and incorporated by reference. the conducting of a public hearing and discussion of the purposes, objectives, and specitlc plans to be carried out in conjunction with ECONOMIC DEVELOPMENT TIF DISTRICT No. 11 and Tax Increment Financing Plan associated therewith, the City Council finds that said Tax Increment Financing Plan aids in reducing the causes of blight in the City, expands economic opportunities in and for the City, encourages commerce and industry and creates the impetus for development of additional commerce and industry in the City, creates employment, preserves and enhances the tax base of the City, and aids in the creation and maintenance of suitable living environment within and for the community; and WHEREAS, the Council specifically finds: 1. That, the City and the HRA have attempted, on a continuous basis. to interest private investment and development in the industrial area and that all such efforts have been unproductive. That such failure has frustrated and continues to frustrate completion of the 1974 Farmington Housing and Redevelopment Authority's Redevelopment Plan as amended. 2. That creation of the Tax Increment Financing District described in the Tax Increment Financing Plan for ECONOMIC DEVELOPMENT TIF DISTRICT No. 11 locates a business to a site appropriate for manufacturing operations. 3. That the land in the project area would not be utilized for such development without the financial aids sought. of. The Development Program for the development areas in the municipality will afford maximum opportunity, consistent with the sound needs of the community as a whole. for the development of such areas by private enterprise. PROPOSED RESOLUTION No. ACTION OF THE CITY OF FARMINGTON, MINNESOTA, APPROVING THE TAX INCREMENT FINANCING PLAN AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT FOR ECONOMIC DEVELOPMENT DISTRICT No. 11 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held at Farmington City Hall in said City on the 5th day of August, 1996, at 7:30 o'clock p.m. The following members were present: The following members were absent: Member introduced and member seconded the following resolution: WHEREAS, the Housing and Redevelopment Authority of the City of Farmington, Minnesota, by resolution dated August 5,1996, approved the HRA project on the hereinafter legally described property and further approved the Tax Increment Financing Plan proposed for ECONOMIC DEVELOPMENT TIF DISTRICT No. 11 legally described as follows, to-wit: Lot One (1), Block Two (2), Farmington Industrial Park Lot One (1), Block Three (3), Farmington Industrial Park Second Addition WHEREAS, such ECONOMIC DEVELOPMENT TIF DISTRICT No. 11 is intended to aid in the development of the viability of the City, to reduce blighting factors and conditions, to expand economic opportunities in and for the City, to encourage commerce and industry and the further development of commerce and industry in the City, to create employment. and to preserve and enhance the tax base of the municipality; and WHEREAS, in conjunction with and as financing for development within said ECONOMIC DEVELOPMENT TIF DISTRICT No. 11 the HRA has prepared a Tax Increment Financing Plan; and \VHEREAS, such tax increment financing plan has been submitted. as required by law. to the Board of County Commissioners in and for Dakota County. Minnesota. and to Independent School District No. 192 for comment and criticism: and meeting and further the City Clerk is directed to tile a copy at said plan pursuant to law. ..., That the City Administrator is hereby authorized to proceed pursuant to the terms of said Tax Increment Financing Plan and to do any and all things necessary in respect to implementation of the same. BE IT FURTHER RESOLVED, that the Farmington City Council. pursuant to Statute. hereby requests the Dakota County Auditor certify the most recently determined net tax capacity of the following described property, to-wit: Lot One ( 1 ), Block Two ( 2 ), Farmington Industrial Park Lot One ( 1), Block Three ( 3 ), Farmington Industrial Park Second Addition BE IT FURTHER RESOLVED, that the Dakota County Auditor is hereby requested to proceed in accordance with statute, to remit to the Housing and Redevelopment Authority of the City of Farmington, Minnesota, such tax increments as may be attributed to said Development Project Area as legally described above for the period as stated in said Tax Increment Financing Plan for ECONOMIC DEVELOPMENT TIF DISTRICT No.ii. This resolution adopted by recorded vote of the Farmington City Council in open session this 5th day of August. 1996. Mayor Attested to this _ day of ,199_ By: City Clerk SEAL .:; The Development Program conforms to the general plan for the development of the City as a whole. \VHEREAS, after public hearing it is hereby found that proper development in the proposed ECONOMIC DEVELOPMENT TIF DISTRICT No.11 cannot be achieved without the financial assistance sought under the tax increment financing plan as submitted and attached hereto; and WHEREAS, in respect to said financing plan the Council finds: 1. That the proposed tax increment financing district is an ECONOMIC DEVELOPMENT TIF DISTRICT as defined in Minn. Stat. 469.174 Subd. 12 and more specifically that it will discourage manufacturing from moving its operations to another state, will result in increased employment within the state. and will preserve and enhance the tax base of the state. 2. That the proposed development, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. 3. That the tax increment financing plan conforms to the general plan for the development and redevelopment of the municipality as a whole and the type of development being hereby approved is in accordance with the City's zoning plan. 4. That the tax increment financing plan will afford maximum opportunity consistent with the sound needs of the municipality as a whole, for the development of the project by private enterprise. 5. That the City elects the method of tax increment computation as set forth in Minn. Stat. 469.177, Subd. 3, clause a. 6. That the City elects pursuant to Minnesota Statutes, Section 273.1399. Subdivision 6(d)as added pursuant to Laws of Minnesota for 1995, Chapter 264. Article 5. Section 6, this Tax Increment Financing District is exempt from the regular Local Government Aid/Homestead and Agricultural Credit Aid "penalty" provisions otherwise applicable pursuant to said Section 273.1399, provided that a "qualifying local contribution" is made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA, AS FOLLOWS: 1. That the tax increment financing plan submitted to the City CounciL a copy of which is attached hereto and incorporated by reference. is approved as submitted and that the City Clerk is hereby directed to file a copy of the same with the Minutes of this .:r ~1 , -.--' . 0: \!J\l~r ~mu C:ty ~_>unCll ,_0 i t\. . \Jmmistr~tor J,~_ From: Gcr~id .-\. HenncKs HR.-\ Executlve Director Subject: Duo Plastics Date: J ul\ .3 1.1996 Introduction Duo Plastics has requested the HRA to seil it Lots 2.3 and 4 Block .3 Farmington Industrial Park for the purpose of constructing a 40.000 square root facility in F armmgton and the additional land would allow Duo Plastics to meet its future expansion needs. Discussion The Farmington Housing and Redevelopment Authority has reviewed and approved the preliminary design plans for the Duo Plastics 40.000 square foot construction proposal. The proposed project would occur on Lots 2 Block 3 Farmington Industrial Park. It is anticipated that the construction would commence in September 1996 with completion in February 1997. It is anticipated this proposed project would create an additional 20 plus jobs in Farmington over the next two years. Duo Plastics has requested Tax Increment Financing assistance for this proposed project. The Tax Increment Financing Plan is attached for your review and approval. The total increments generated will be $436.304 with Duo Plastics receiving 80% of the increments( $349,040 over the 8 year period). The local Government Aid penalty \vould be $158.240. This penalty can be avoided ~y the HRA contributing 10% of the total increments generated prior to the end of the construction completion or by contributing 10% of the increments generated annually($5.454 prior to the tirst year of disbursements of increments). Example. if the district is established in 1996 with construction completed in 1997. the HRA would be required to contribute 55.454 in 1998 to orI-set the LGA penalty. The annual contribution would provide the HRA an opportunity to reduce its rinancial outlay at this time and provide tor the HRA to place the land sales dollars in an i::tcrest bearing account to assist in mee!:ng this future obligation of the HR.-\.. Financial impact information relating to this project was presented to the HR.-\ :It its July 8.1996 meeung. This intormation is anached for your revie\v. -CitlJ.. of FarminlJton 325 Oak Street · Farminf/ton, MAl 55024 · (612) 463-7171 · Fax (612) 463.2591 Duo Plastics Tax Increments Generated July 31,1996 Assumptions Administration expense percentage Percentage of TIF provided to L-S Construction start and completion Estimated Market Value(based on 75% of estimated construction costs plus land costs) Economic Development 8 years 35 % of annual increments if no off-setting contribution 10% 80% 1996 Type of Tax Increment District Life of TIF District *Local Government Aid Penalty ** $1.203.000 l22Q Total increase in estimated market value Times: Commercial tax classification rate Net Tax Capacity Less: Base Tax Capacity Captured Tax Capacity Value Times: Tax Capacity Rate Annual Gross Tax Increment $1,203,000 4.6% $ 55,338 13.938 $ 41,400 1.31735 $ 54,538 Duo Plastics would receive 80% of tax increments for 8 years HRA would receive 10% of tax increments for 8 years Total increments available for disbursement $ 349.040 87.264 $436.304 *The Local Government Aid penalty for the City using Tax Increment Financing to assist Duo Plastics would be calculated as follows: ( the LGA penalty is implemented if there is no off-setting local contribution) Total Increments distributed ( $43,630 X 8 years) Local Government Aid penalty( $19,780 X 8 years) Off-setting Local Government Aid contribution ($5,454 X 8 years) $ 43.632 * * Minnesota Statute 469 allows cities to make a 10% contribution based upon the total increments distributed to ofT-set its LGA penalty associated with establishing a TIF District. The 10% contribution is calculated as follows: Total increments distributed $ 436,304 Local contribution at 10% ofTIF $ 43,632 $ 349,040 158.240 r; Requested Action The Farmington HRA requests the City Council to establish economic development tax increment financing district # 12 for the Duo Plastics proposed project. The attached resolution notes that the City intends to use M.S. Section 273.1399, Subdivision 6(d) to avoid the LGA penalty. A motion approving the attached resolution establishing TIF District # 12 is requested. Respectfully s;;;:::.;.t, ) ~J?!: Gerald A. Henricks HRA Executive Director cc: HRA Files Section A. Section B. Section C. Section D. Section E. Section F. Section G. Section H. Section 1. Section J. Section K. Section L. Section M. Section N. Section O. Section P. Section Q. Section R. T AX INCREMENT FINANCI~G PLAN TABLE OF CONTENTS P:J.ge Definitions and Exhibits.............................. ........... ...... .............. ...... ........... Statutory Authority ........................ .............................................................. 2 Statement of Objectives ............ ........... ........................................................ 2 Statement of Development Program ............................................................ 3 Legal Description of Project Property .. ....................................................... 3 Statement of Development Activities for Which Contracts Have Been Entered Into .............................................................................. 3 Identification or Description of Type of Other Specific Development Reasonably Expected to Take Place Within the Project and Expected Date or Dates Thereof... ....... ... ..... ...... ... ..................................... ................. 3 Statement of Total Development Activities to Take Place with Proposed Date of Completion.............. ......... .............................................. 3 Project Cost Estimates Including Administrative Expenses ....................... 4 Fiscal Disparity Method of Disbursement .................................................. 4 Proposed Bonding Indebtedness to Be Incurred ......................................... 4 Source of Revenue to Finance or Otherwise Pay Public Costs .................. 4 City/HRA Contribution to the Project ....................................................... 4 Most Recent Net Tax Capacity of Taxable Real Property Within Tax Increment Financing Districts ......... ............. .............................................. 4 Estimated Captured Net Tax Capacity of Tax Increment Financing District Upon Development Completion ................................................... 5 Duration of Tax Increment Financing District .......................................... ) Statement of Authorities' Estimate of Impact of Tax Increment Financing District on Assessed Values of All Taxing Jurisdiction Affected Thereby. ... ...... ..... ..... ....0........ .... ..... ............................................ J Studies and Analysis ................................................................................. ~ THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA TAX INCREMENT FINANCING PLAN (MINNESOTA STATUES 469.174 TO 469.190) for ECONOMIC DEVELOPMENT DISTRICT #12 Adopted on the day of City of Farmington, Minnesota , 1996, by the Acting Pursuant to Minnesota Statues 469.001 to 469.047 Prepared by: Gerald A. Henricks Executive Director Farmington HRA "Tax Increment FinancingAct" means Minnesota Statutes. Sections 469.17 -+ through 469.179. both inclusive. as amended and supplemented from tIme to ume. "Tax Increment Financing Plan" means the respective Tax Increment Financing Plan for each Tax Increment Financing District located within the Development Program. "Tax Increments" means the tax increments derived from the T ax Increment Financing District. EXHIBITS "A" - Legal Descriptions "B" - Estimated Public Costs and Estimated Bonded Indebtedness "e" - Estimated impact on Other Taxing Jurisdiction "D" - Captured Tax Capacity/Duration of Tax Increment District "E" - LGAlHACA Penalty Calculations "F" - Map of Economic Development District "G" - Map of Redevelopment Project Area Which Includes Economic Development Distrrict No. 12 B. Statutory Authority The Housing and Redevelopment Authority of the City of Farmington. Minnesota (hereinafter HRA), undetakes this project pursuant to Minnesota Statutes 469.001 to 469.047 as Economic Development District # 12. Further, pursuant to M.S.A. 469.174 to 469.190 the HRA intends financing for Economic Development District # 12 through the use of Tax Increment Financing. C. Statement of Objectives 1. Provide and improve opportunities for growth of the financial base of the City; 2. Provide employment opportunities through the creation of new jobs; and the preservation of existing jobs. 3. Provide opportunities for the expansion of an existing business; 4. Acquire land or space which is vacant, unused. underused. or inappropriately used; 5. Acquire property for reconveyance to and use by privaate enterprise; 6. Eliminate blighting influences which impede potential development and upgrade developed property within the City; 7. Create employment opportunities; 8. Coordinate elements of the City's Comprehensive Plan and the HRA 1974 Redevelopment Plan. as amended. with project objectives: and 9. Provide maximum opportunity, consistent with the needs of the City, for development by private enterprise." (2) A. Definitions and Exhibits The terms defined below have, for purposes of this Economic Development Program and Tax Incre- ment Financing Plan, the meanings herein specified. unless the context specifically requires other- WIse: "City" means City of Farmington, a municipal corporation and political subdivision of the State of Minnesota. "City Council" meand the City Council of the City. "County" means Dakota County, Minnesota. "Development District Act" means Minnesota Statutes. Sections 469.174 through 469.190. as amended and supplemented from time to time. "Economic Development District" means Economic Development Districvt No. 11 of the City, the boundaries of which are described on the attached exhibit. "Development Program" means the Redevelopment Program for the Redevelopment District adopted in 1974 and amended on February 8, 1990 by the City Council. "Governing Body" means the dult elected City Council. "Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances and plans relating to or governing the use or development of land in the City, including but not limited to environmental, zoning and building code laws and regulations. "Municipality" means and city, however organized. "Public Costs" means the repayment of debt service on any Tax Increment Bonds, the costs set forth in Section K of the Development Program, any other costs eligible to be financed by Tax Increments under Minnesota Statutes, Section 469.176, subdivision 4. "Site Improvements" means the improvements described in Section K of the Tax Increment Financing Plan. "State" means the State of Minnesota. "Tax Increment Bonds" means any tax increment bonds issued by the City to finance the Public Costs of the Development District as stated in the Development Program and in the Tax Increment Financing Plan, and any obligations issued to refund such bonds. "Tax Increment Financing District" means and tax increment financing district presently established or to be established in the future in the Development Program project area. .~t :=. (1) 1. Project Costs Estimates Including Administrative Expenses See Exhibit "B" attached J. Fiscal Disparity Method of Disbursement Fiscal disparity for this Tax Increment District will utilize option (a) as the contribution method option (a) "provides that the original and captured assessed values of the Tax Increment District are determined without regard to tiscal disparities. The Tax Increment Financing District itself does not contribute tinancially to fiscal disparities. The entire cost is therefore spread upon property outside the Tax Increment Financing District. [Minn. Stat. Section 273.76. subd. ..J.(a)]." K. Proposed Bonding Indebtedness To Be Incurred The HRA shall be reimbursed certain public improvement costs out of tax increment financing funds initially financed by bonds or other financing issued by HRA. Said financing to be in accordance with paragraph H above. L. Qualifying Local Contributions Pursuant to Minnesota Statutes, Section 273.1399, Subdivision 6(d), as added pursuant to Laws of Minnesota for 1995, Chapter 264, Article 5, Section 6, this Tax Increment Financing District is exempt from the regular Local Government AidIHomestead and Agricultural Credit Aid "penalty" provisions otherwise applicable pursuant to said Section 273.1399. provided that a "qualifying local contribution" is made. For an economic development tax increment district such as this Tax Incre- ment Financing District, the applicable percentage of local contribution is 10% of the increment. Pursuant hereto and pursuant to City Council resolution approving this Tax Increment Financing Plan, the City elects to avail itself of, and hereby elects, the above mentioned 1 0% local contrib\ltion percentage. The City is also mindful of the requirement in these new statutes that in any given year the City may not make a local contribution for all tax increment districts which exceeds 2% of its net tax capacity (as defined in Minnesota Statutes, Section 477A.Ol1. Subdivision 20). M. Economic Development and Job Creation The City agrees to comply with Minnesota Statutes, Section 116J. 991, which states that a business receiving state or local government assistance for economic development or job growth purposes. including tax increment financing, must create a net increase in jobs in Minnesota within two years of receiving assistance. N. Reasonable Expectations Reasonable Expectations is required by the Tax Increment Financing Act. in establishing Tax Incre- ment District No. 12, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected Tax Increments for the maximum duration of Tax Increment Financing District No. 12 permitted by the Tax Increment Financing Plan. (4) D. Statement of Development Program The Tax Increment Financing District is being created for the purpose of continuing improvement and revitalization activities in the City in accordance with the City's Comprhensive Plan and the objectives ofHRA as stated in the 1974 Redevelopment Plan, as amended. The proposed Economic Development District contains a new construction project to locate an existing business in the recently constructed Farmington Industrial Park in accordance with HRA project plans and objectives. The HRA proposes to assist the existing business in acquiring a specific parcel of land as hereinafter legally described for the construction project and in addition. the business will be assisted in recovering a portion of the costs of site development, public utilities installation and other eligible improvement costs associated therewith. Funding of Public Development Costs will be born by the company and reimbursed by increment Financing receipts so generated as delineated herein. Currently the HRA is negotiating the development contract relating to the construction of the facility to be located on the site. In conformity with HRA and City Plans the Project is intended to create job opportunities within the City and provide existing manufacturing facilities, improperly located at the present time. to relocate to an appropriate site within the Industrial Park. E. Legal Description of Project Property Lots 2, 3, and 4, Block 3, Farmington Industrial Park F. Statement of Development Activities for Which Contracts Have Been Entered Into No contracts have been entered into as of the date hereof. G. Identification or Description of Type of Other Specific Development Reasonably Expected To Take Place Within the Project and Expected Date or Dates Thereof Although the Industrial Park has been and is being promoted for development without government assistance, this development would not occur without government assistance. H. Statement of Total Development Activities to Take Place With Proposed Date of Completion Purchase and Transfer of Project Property..... ....... ......... ..... ..... ......................... -- free of encumbrances thereon-- August 1996 Site Preparation for Construction ................... ......... ........................................ September 1996 Installation of Utilities..............~.. ................................... ................................. October 1996 Paving.................... ....... .:.... ............................................................................. November 1996 Curbs and Walkways Installed. ........... ........................ ...... .............................. November 1996 Landscaping........ ......... ................ ................................ ....................................' (3) June 1997 NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF FARMINGTON. MINNESOTA TAX INCREMENT FINANCING FOR ECONOMIC DEVELOPMENT DISTRICT NO. TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Farmington. Minnesota will meet at the City Hall in Farmington, Minnesota at pm on the day of . 19 . to consider formation of Economic Development District No. , the associated Tax Increment Financing Plan and adoption of a development program and tax increment financing plan pursuant to Minnesota Statutes. Chapter 469. Such persons as desire to be heard with reference to the proposed Economic Development tax increment financing district. development program and tax increment financing plan will be heard at this meeting. The proposed Economic Development District No. and Tax Increment Financing Plan prepared and submitted by the Housing and Redevelopment Authority of the City of Farrnington. Minnesota is tiled in respect to the property legally described as follows: Copies of the proposed Economic Development District and tax increment financing plan are on file in the office of the City Clerk and are available for public examination. Dated: This day of ,199_ BY ORDER OF THE FARMINGTON CITY COUNCIL BY: City Clerk :-; In making said determination. reliance has been placed upon wrinen representatives made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of Tax Increment Financing District No. 12 and the use of Tax Increments has been performed as described above. Such analysis is on file with the City, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Tax Increment Financing District No. 11 and the use of Tax Increments. O. Estimated Captured Net Tax Capacity of Tax Increment Financing District Upon Development Completion See "Exhibit "D" attached hereto. P. Duration of Tax In~rement Financing District The Tax Increment Financing District is an Economic Development District. The District shall exist for eight (8) years from the date of the receipt of the first tax increment payment or ten (10) years from approval of the Tax Increment Financing Plan, whichever is earlier or, if the public costs are repaid within a shorter period, the district shall be dissolved as of the date of repayment of such costs. O. Statement of Authorities' Estimate oflmpact of Tax Increment Financing District on Assessed Values of All Taxing Jurisdiction Affected Thereby See Exhibit "D" attached hereto. R. Studies and Analysis In 1984, Barton-Aschman Associates, Inc. prepared a study of Retail Market Analysis and Revitalization. Subsequently, and in conjunction with the above named study, Milo Thompson prepared a further study in 1987, taking into account the physical locations of revitalization activities to accomplish HRA objectives. In the intervening years the City of Farmington and the HRA have repeatedly attempted to accomplish the objectives and parts thereof by private investment and devel- opment without government assistance. None of those efforts have been successful as each inter- ested private developer found that development, without substantial government aid, was not fea- sible. Therefore, since no private development was found to be feasible and since the City of Farm- ington and the HRA must move forward to accomplish the objectives of development and redevelop- ment and eliminate blight and the causes associated therewith, the project is being undertaken by the HRA. Although the HRA has repeatedly attempted to induce private investment. the fact is that both in th~ past and in the reasonably foreseeable future. it appears that private investment and development of this nature is not viable without government assistance. .if " (5) EXHIBIT nAn CITY OF FARMINGTON, MINNESOTA DOWNTOWN REOEVROPMENT PROJECT AREA - - ECONOMIC DEVElOPMENT TAX INCREME~T FINA.\'C1NG DISTRICT NO. 12 legal Description of City of Farmington Tax Increment Financing District No. 12 The above-referenced District is identified in the records of Dakota County, Minnesota and the City of Farmington by the following description: Lots 2,3, and 4 Block 3 Farmington Industrial Park Phase I NOTICE OF PUBLIC HEARING ON Housing and Redevelopment Authority of the City of Farmington, Minnesota APPROVING THE SALE OF . Farmington Industrial Park. and the Associated Tax Increment Financing Plan and Requesting Approval by the Farmington City Council of the Tax Increment Financing Plan and the Establishment of Tax Increment Financing District for Economic Development Dis- trict No. TO WHOM IT MAY CONCERN: Notice is hereby given that the Housing and Redevelopment Authority of the City of Farmington. Minnesota will meet at the City Hall in Farmington, Minnesota at pm on the day of , 199 , to consider approval of the Tax Increment Financing Plan for Economic Development District No. , and the sale oflot block of the Farmington Industrial Park, and requesting the City Council to establish Economic Development District No. pursuant to Minnesota Statutes, Chapter 469. Such persons as desire to be heard with reference to the proposed sale of land and the tax increment financing plan, tax increment financing district and the development program \\lill be heard at this meeting. The proposed sale oflot block , Farmington Industrial Park and the Tax Increment Financing Plan prepared and submitted by the Housing and Redevelopment Authority of the City of Farmington. Minnesota is filed in respect to the property legally described as follows: Copies of the proposed tax increment financing plan are on file in the office of the City Clerk and are available for public examination. Written or oral statements will be considered. Dated: This day of .199 - BY ORDER OF THE FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY, FARMINGTON, MINNESOTA By: HRA Executive Director EXHIBIT "C" CITY OF FARMINGTON, MINNESOTA Downtown Redevelopment Project Area Economic Development Ta.x Increment Financing District No. 12 CAPTURED TAX CAPACITY Assumptions: Project Description: Duo Plastics District Established August 6, 1996 Project Constructed During 1996 First Tax Increments Received in 1998 (A) (B) (C) (D) (E) (F) (G) (H) <n Captured 100.00% 80.00% Assessor's New Base Tax Estimated Estimated Value Pay Market Class Tax Tax Capacity Tax Tax fiB[ Yw: V alue ..Rm Capacity Capacity V alue Increment Increment 1996 1997 0.00% 1997 1998 1,203,000 4.60% 55,338 13,938 4 1 ,400 54.538 43.630 1998 1999 1,203,000 4.60% 55,338 13,938 41 ,400 54.538 43,630 1999 2000 1,203,000 4.60% 55,338 13,938 4 1 ,400 54,538 43,630 2000 2001 1,203,000 4.60% 55,338 13,938 41,400 54,538 43,630 2001 2002 1,203,000 4.60% 55,338 13,938 41,400 54,538 43,630 2002 2003 1,203,000 4.60% 55,338 13,938 41,400 54,538 43,630 2003 2004 1,203,000 4.60% 55,338 13,938 41,400 54,538 43,630 2004 2005 1,203,000 4.60% 55,338 13,938 41,400 54,538 43.630 2005 2006 0 0.00% 0 0 0 0 0 $436,304 $349,040 (B) The 1996 Plan identifies an 8 year district with pay 2004 being the last year to collect increment. (C) Assumes a "new" market value of $1 ,203,000 for the building including $303.000 for land value. (D) As per current state law. (E) Assessor's market value upon completion of the proposed structure multiplied by the class rate. (F) The 1996 market value of the District $303,000 multiplied by the class rate. (G) The difference between the new tax capacity and the base tax capacity. (H) The estimated tax increment based on a tax rate of 131.735%. Although the current tax rate is higher. Minnesota Statutes 469 states that the tax capacity rate used for this calculation shall be the current rate of the base year rate. whichever is less. .~; EXHIBIT "B" CITY OF FARMINGTON, MINNESOTA DOWNTOWN REDEVELOPMENT. PROJECT AREA ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 12 ESTIMATED PUBLIC COSTS TO BE FINANCED It is the intention of the City of Farmington to reimburse the developer of this parcel for costs associated with site improvements and construction. as well as utility and road extensions to the extent authorized by this plan. It is the expectation that this district will generate $63,628 annually, and thus will over a period of 8 receipt years generate approximately $509,024 in total increment revenues. As stated earlier, these monies will be utilized for eligible costs incurred by the developer including site preparation, construction and acquisition, access road, signage. footings and foundation, and utility extensions. ESTIMATED BONDED INDEBTEDNESS It is not the intention of the City to issue bonds for the project. including administrative expenses. The developer will be required to provide the City with evidence of the eligible costs incurred prior to the distribution of annual increment receipts. The application of the tax increment revenues are as follows: Site improvements, structural construction. road and utility extensions and other related expense: Administrative expenses 407,219 101,805 TOTAL 509,024 .r;-." EXHIBIT "E" CITY OF FARMINGTON. MINNESOTA Downtown Redevelopment Project Area Economic Development Tax Increment Financing District No. 12 Estimated Impact on Other Taxing Jurisdictions Estimated Average Captured Tax Capacity (1998-2005) Payable 1996 Local Tax Rate S41.400 131.735% Estimated Annual Tax Increment 554.538 Payable 1996 Tax Capacities of Affected Taxing Jurisdictions Tax Capacity Captured Tax Capacity Percent Captured Dakota County School District City of Farmington 266,222,501 7,452,154 3,812,724 $41 ,400 41,400 41,400 0.02% 0.56% 1.09% Dollar Impact on Affected Taxing Jurisdictions Pay 1996 Local Tax Rate %of :DlliU Tax Increment ~ Added Local Tax Rate Dakota County School District City of Farmington Other 26.569% 68.394% 34.769% 2.003% 131.735% 20.17% 51.92% 26.39% 1.52% 100.00% 8,350 21,496 10,925 629 41,400 0.003 0.288 0.287 Statement #1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions even if the City does not create Tax Increment Financing District No. 12, then the creation of the District will reduce the tax capacities and increase the tax capacity rates as illustrated in the above referenced tables. Statement #2: Assuming that NONE of the captured tax capacity would be available to all taxing jurisdictions if the City did not provide tax increment assistance through Tax Increment Financing DistrictNo. 12, then the plan has virtually no initial impact on the tax capacities if the taxing jurisdictions. However, once the District is established, allowable costs are paid from increments, and the District is terminated, all taxing jurisdiction will enjoy and improvement in their tax base. a: taxj uris. pm4 PROPOSED RESOLUTION No. ACTION OF THE CITY OF FARMINGTON, MINNESOTA. APPROVING THE TAX INCREMENT FINANCING PLAN AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT FOR ECONOMIC DEVELOPMENT DISTRICT No. 12 Pursuant to due call and notice thereof. a regular meeting of the City Council of the City of Farmington, Minnesota, was held at Farmington City Hall in said City on the 5th day of August, 1996, at 7:30 o'clock p.m. The following members were present: The following members were absent: Member introduced and member seconded the following resolution: WHEREAS, the Housing and Redevelopment Authority of the City of Farmington, Minnesota, by resolution dated August 5,1996, approved the HRA project on the hereinafter legally described property and further approved the Tax Increment Financing Plan proposed for ECONOMIC DEVELOPMENT TIF DISTRICT No. 12 legally described as follows, to-wit: Lots Two (2), Three (3) and Four (4), Block Three (3), Farmington Industrial Park WHEREAS, such ECONOMIC DEVELOPMENT TIF DISTRICT No. 12 is intended to aid in the development of the viability of the City, to reduce blighting factors and conditions, to expand economic opportunities in and for the City, to encourage commerce and industry and the further development of commerce and industry in the City, to create employment, and to preserve and enhance the tax base of the municipality; and WHEREAS, in conjunction with and as financing for development within said ECONOMIC DEVELOPMENT TIF DISTRICT No. 12 the HRA has prepared a Tax Increment Financing Plan; and WHEREAS, such tax increment financing plan has been submitted, as required by law. to the Board of County Commissioners in and for Dakota County, Minnesota. and to Independent School District No. 192 for comment and criticism: and otto:' EXHIBIT "D" CITY OF FARMINGTON, MINNESOTA Downtown Redevelopment Project Area Economic Development Tax Increment Financing District No. 12 LGAlHACA PENAL TY CALCULATIONS Assumptions: District established August 6, 1996 Project Constructed During 1996 First Tax Increment Received in 1998 Option Option Phase- In Qualifying Adj'd A B Year Cap'd Percent TIF School Tax Penalty LOA! 10.00% Taxes TIF Tax Per State Tax Sales Capacity Tax HAC A Local Year Payable Capacity Law Capacity Ratio(1) (Qualifying) Rate(2) Penalty(3) Contm 1 1996 2 1997 0 100.00% 0 90.60% 0 32.86% 0 0 '" 1998 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,45 ,j 4 1999 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 5 2000 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 6 2001 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 7 2002 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 8 2003 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 9 2004 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 10 2005 54,538 100.00% 54,538 90.60% 60,196 32.86% 19,780 5,454 Total $158,240 $43,632 Note (1) - Per Tom Clark, Department of Revenue, 297-2538. Amounts in future will vary. Note (2) - Per Terri Yetter, Department of Education, 297-3625. Amounts in future will vary. Note (3) - Estimated reduction in State paid LOA or HACA aids. If desired, the City may increase the tax levy to cover the reduction. a:LOAHACA.pm4 2. That the City Administrator is hereby authorized to proceed pursuant to the terms of said Tax Increment Financing Plan and to do any and all things necessary in respect to implementation of the same. BE IT FURTHER RESOLVED, that the Farmington City Council. pursuant to Statute, hereby requests the Dakota County Auditor certify the most recently determined net tax capacity of the following described property, to-wit: Lots Two (2), Three (3) and Four (4), Block Three (3), Farmington Industrial Park BE IT FURTHER RESOLVED, that the Dakota County Auditor is hereby requested to proceed in accordance with statute, to remit to the Housing and Redevelopment Authority of the City of Farmington, Minnesota, such tax increments as may be attributed to said Development Project Area as legally described above for the period as stated in said Tax Increment Financing Plan for ECONOMIC DEVELOPMENT TIF DISTRICT No.12. This resolution adopted by recorded vote of the Farmington City Council in open session this 5th day of August, 1996. Mayor Attested to this _ day of ,199_" By: City Clerk SEAL 1c FROM: Mayor, Councilmembers, City Administrator~ Charles Tooker, City Planner TO: SUBJECT: Preliminary Plat of Farmington Industrial Park 2nd Addition DATE: August 5, 1996 INTRODUCTION The Farmington HRA has proposed expanding the Farmington Industrial Park to provide expansion space for three existing industries. One of these, Lexington Standard, will begin its expansion as soon as the platting process is complete. DISCUSSION Farmington Industrial Park 2nd Addition includes 36.87 acres divided into 5 sites. The plat will include a portion of 208th Street and, together with extensions of Eaton and Edmonton Avenues, will provide a looped street system within the Industrial Park. Questions raised by staff concerning a large NURP pond system within Lot 1 and a portion of Lot 2 of Block 1 led to a complete redesign of the ponding system. The Planning Commission recommends the NURP pond, the flood plain of the Vermillion River Tributary and a 20 foot wide maintenance access be included within one outlot which can be dedicated to the City in the development agreement. The Planning Commission recommends approval of the preliminary plat. ACTION REQUIRED Adopt a resolution approving the preliminary plat and authorizing the preparation of development agreement and signing of the final plat. Respectfully submitted, (}/ ~ if! 1J,~ Charles Tooker City Planner Citl}. of FarminiJton 325 OaltStreet e Farmintjton, MN 550211e (612) 463.7111 e Fa/(' (612) 1163.2591 go. FROM: Mayor, Councilmembers, City Administrator ~ Charles Tooker, City Planner TO: SUBJECT: Rezoning Lot 9, Block 5, Town of Farmington DATE: August 5, 1996 INTRODUCTION The request to rezone Lot 9, Block 5, Town of Farmington, from R-3 to R-2 will enable the applicant to build a duplex on the former "broom factory" site. DISCUSSION The zoning ordinance was drafted in a manner to discourage single family dwellings and duplexes within the high density district by requiring more land area for those units than for multiple family units. This lot contains approximately 12,895 square feet and, if rezoned, will be large enough to accommodate a duplex. The neighborhood has developed at densities consistent with the R-2 District and this lot, if left as R-3, could introduce a change in the character of the housing on this block. For this reason, the Council may also wish to consider an additional change and advertise a hearing to rezone Lots 7 and 8, Block 5, and the lot immediately to the north with a parcel number of 14-03100-010-63 from R-3 High Density to R-2 Medium Density residential. Two of the lots include single family dwellings and the third is vacant. One of the property owners has already indicated an interest in such a change. ACTION REQUIRED Adopt an ordinance rezoning Lot 9, Block 5, Town of Farmington from R-3 to R-2 and set a public hearing to discuss rezoning Lots 7 and 8, Block 5 plus the adjoining vacant lot from R-3 High Density to R-2 Medium Density residential. Respectfully submitted, {lfJ., If! ~~ Charles Tooker City Planner Citlj. of FarminlJ.ton 325 Oak Street. FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 Zb FROM: Mayor and councilme~~s City Administrator V~~ Charles Tooker, City Planner TO: SUBJECT: Rezoning the South One Half of Southernmost Building in the P.H. Feely Cluster from R3 to B2 DATE: August 5, 1996 INTRODUCTION On the existing City Zoning Map, the south building in the P.H. Feely split between R-3 High Density Residential and B-2 General Business. will place the entire building in the General Business District. cluster is This request DISCUSSION The building in question has been in existence for many years and much of that time it has been associated with Feely Elevator. The highest and best use of the building is business and the structure appears to be sound. The mistake in the zoning map was discovered when the recycling business began collecting aluminum cans at this site. If this building is changed to B-2 and four lots in Block 5 are rezoned to R-2, a long narrow strip, measuring 60 feet by 290 feet, with a Parcel Number of_, 14-03100- 030-63, will be the only R-3 zoning between the railroad right-of-way and Second Street. REQUESTED ACTION Adopt an ordinance rezoning the Feely property from R-3 to B-2, since the 60 foot lot depth adjoining the railroad is not suitable for multiple family housing. Also, set a public hearing to discuss rezoning Parcel #14-03100-030-63 to B-2 General Business. /lIJesPjctf//f ;;tm}}ted, (, ',fuA, 7. 7ff~ Charles Tooker City Planner Citlj. of FarminlJ.ton 325 Oak Street. FarminiJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 ~c TO: Mayor and Councilmembers City Administrator~ FROM: Charles Tooker City Planner SUBJECT: Planning Commission Action on Cash Back Recycling DATE: August 5, 1996 INTRODUCTION Recycling is not a permitted or conditional use within any district in Farmington. The Planning Commission decided in May, 1996 against recommending an ordinance that would add it. Donn Johnson is appealing this decision to Council. A letter from Mr. Johnson is attached to this memo. DISCUSSION Recycling was discussed several years ago by the Planning Commission in connection with a City proposal to introduce co-composting as part of City trash collection services. The Commission decided against including it at that time, but the specific term used was resource recovery which included both cocomposting and recycling. The latest proposal included only recycling. The Commission was concerned about the impact adding recycling to the list of permitted or conditional uses would have on the City'S contract with Dick's Sanitation for recycling collection. Planning Commission discussion on May 28th was as follows: Following a period of give and take, the consensus of members present was that while the City remains under contract with the existing trash hauling service which handles City recycling, the City should not be responsible for a competing service that offers cash payments. The Commission indicated that this policy could be reevaluated if the present recycling contract were to be terminated. It should be noted that the contract with Dick's Sanitation does not mention any exclusive rights to Farmington recyclables. Prior to reaching the above agreement, the Commission indicated a preference for locating recycling operations within the industrial, rather than a business, district. ACTION REQUIRED Provide direction to the Planning Commission if Council feels the policy on recycling needs furt~er consideration. &~fU~S~~ Charles Tooker City Planner". Citlj. of FarminlJ.ton 325 Oak Street · FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 . /1 / ~ .--7 ) /CC(;/ :/ .' /./ /. -< ,/ ,/ / ., I ~ c:::.--'./ ' , ' -' /~ / '/ -- /J ,~ .10 - vfJJ/~L //~f~L- ,----., r' " .' /' ..--n---; . . /;:'~ - -j -?{ J~~s-'n ~~.' /<..~?J //~ 1//1. k/~ ~ r;->._/Y" . ~ . L~ V~<:-,IL ,'~'&7 1f/~/ /'l'7 #~~/ .. /'" 1 ;' /: /;;::/ / ;; ./,/} / ..r;7 '. ~1;? /7~~j~ ~ L~~i ~drd ~~7!j /' , u{~;? ~ ~S, 7J~ ~ ~~ 0 ~~ -ZUJ";0~~ :ft ~-Fd-b7-7 ~ ~ :s-.~ /99&, ~ O~. ~~. tut14 ~ ~ d dt; ~- &~ ~ d~ /~ L /7}? J J'l<it. Pi- . " - /// / 10. . -L. -... . ./ i. #~n<-r c:~ /7~J /~~C:-/~t:/f---/ ~";PeHc-a-l' ~ ~?~ ~c..v -d:,44-~"-~ ~ . V~ \../~~ / 2~'~-<:--L a--u ~-7&C-CC~-r~U vi~ L-Ld a-r--!" h~~~J/r~~~ c..?~ f~~7',c:- ~~ (~: ~ ~ ...' ~~e:..--~S / .r 0) I /J t0~ #/vrv'lAJ~ 9a TO: Mayor, Councilm/9}bers and City Administrator{J~v FROM: Thomas J. Kaldunski, P. E. Director of Public Works/City Engineer SUBJECT: Presentation of Comprehensive Sewer Plan DATE: August 5, 1996 INTRODUCTION The City of Farmington has secured the services of Bonestroo, Rosene, Anderlik and Associates to update the City's Comprehensive Sanitary Sewer Policy Plan. The City's consultant has worked closely with staff to prepare this update of this Comprehensive Plan. DISCUSSION Attached is a copy of the City's 1996 Comprehensive Sanitary Sewer Policy Plan for your review and comment. Representatives from Bonestroo, Rosene, Anderlik & Associates will be at the Council meeting to present this policy plan to the Council. The Council will be considering the adoption of the plan. The summary and conclusions of the report are outlined on page 45. The following sanitary sewer capital improvements are recommended in the proposed C.I.P.; A) Continue with the extension of the southeast sanitary sewer trunk main from the existing facilities at the former Hendersen lift station site to the Sunnyside life station and ultimately to the Hunter lift station. Note that these lift stations can be abandoned in the future if the Southeast Sanitary Sewer Trunk is installed. B) Continue the annual sanitary sewer rehabilitation program in conjunction with the street improvement projects that are included in the City's Capital Improvement Plan. The City is eligible to utilize the Minnesota Pollution Control Agency Revolving Loan Program to assist in funding these improvements. C) Install an 18" trunk sanitary sewer on 5th Street between Elm and the Metropolitan Council Wastewater Services Interceptor near the Vermillion River to increase the trunk sewer capacity in the area. D) Begin negotiations with the Metropolitan Council for the installation of an inter-City sewage interceptor (30" size) which will service the central to north western portions of the City of Farmington as well as portions of the City of Lakeville. The Council has established portions of this interceptor's service area as the #1 priority for MUSA expansion in the immediate future. Citlj. of FarminlJ.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 E) Implement the installation of the Prairie Creek 4th Addition trunk sanitary sewer. This new trunk could provide sanitary sewer service to the City's #2 priority area for MUSA expansion immediately east of Dakota County Estates, Prairie Creek and Akin Park developments. This new trunk would also allow the City to avoid potential overloading of the existing 15" /18" trunk in the Dakota County Estates area with planned developments in sewer district #1. In 1993, the City adopted a policy for assessing trunk sanitary sewer service on an area basis. The 1996 rate was established at $1,273/acre in January of 1996. The City should continue to adjust this rate annually to account for cost increases for the infrastructure requirements. BUDGET IMPACT The policies outlined in this comprehensive plan are intended to provide the City with a sound financial plan for the construction of the necessary sanitary sewer trunk improvements. RECOMMENDATION The City Council should adopt the 1996 Comprehensive Sanitary Sewer Policy Plan as presented and direct staff to submit this comprehensive plan amendment to the Metropolitan Council and neighboring communities for review and comment. The City will need to adopt this policy plan as part of the overall City Comprehensive Plan. ft:::l~ Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/ll cc: file Development Committee Public Works Supervisors Glenn Cook, B.R.A.A. .i; qb TO: Mayor, Coun~~bers and City Administrator!t...--' Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer FROM: SUBJECT: Bonestroo, Rosene, Anderlik & Associates presentation on Wausau Alignment Storm Sewer Improvement Project DATE: August 5, 1996 INTRODUCTION Several issues relating to the Wausau Alignment project were discussed briefly at the July 15, 1996, Council meeting. DISCUSSION Glenn Cook of Bonestroo, Rosene, Anderlik & Associates will be present at the meeting to make a presentation on the project and brief overview of the entire Public Works project. He will be available to answer questions that the City Council has related to the project. Mr. Keith Cherryholmes of the Minnesota Pollution Control Agency has also been asked to attend the meeting. I have met with Mr. Cherryholmes and Paul Meneghini of Peer Environmental at the site of the Wausau Pond to review the project. Water samples were collected by Peer Environmental. These monitoring results will be presented to the Council as they become available. ACTION REQUESTED This memo is for information only. The presentation and discussion will allow the Council to ask questions regarding the project. ;rySU~;u Thomas iunski. P.E. Director of Public Works/City Engineer TJK/ll cc: file, Glenn Cook, TJK I Citlj. of FarminlJ.ton 325 Oak Street. FarmintjtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 TO: Mayor, Councilmembers, City Administrator~ Wayne Henneke Finance Director FROM: SUBJECT: 1995 Audit Presentation DATE: August 5, 1996 Bill Lauer, representing the City's auditing firm of Malloy, Karnowski, Montague and Radosevich, will be in attendance Monday evening to review the 1995 Financial Audit with Council. Respectfully submitted, w~~ Wayne Henneke Finance Director .l-t q(! -CitlJ of FarminlJ.ton 325 Oak Street · FarmintjtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 TO: Mayor, Councilpersons, City Administrator ~ FROM: James Bell, Parks and Recreation Director SUBJECT: Dakota Electric Residential Street Light Rates. DATE: August 5, 1996 INTRODUCTION : Council directed staff to research residential street light rates in the Dakota Electric servIce area. DISCUSSION: Staff discussed different rates with Sue Mahlis of Dakota Electric. She indicated that unlike NSP, Dakota Electric has only one rate for residential street lights. The replacement policy of damaged standards will remain as previously reported. ACTION REOUESTED: No action is necessary at this time. Respectfully submitted, -J~ -~~ James Bell Parks and Recreation Director .li 9d - Citlj. of FarminlJ.ton 325 Oak Street · FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 G' Ie TO: ~ayor. c~~cilme4ft, s, Cltv Adnllmstrato . . I FROM: James Bell. Parks and Recreation Director SUBJECT: Pool Reconstruction Update. DATE: August 5, 1996 INTRODUCTION The following information is a final update on the municipal pool reconstruction project budget. DISCUSSION Reconstruction proceeded slightly behind schedule due to unforeseen difficulties and weather. The pool opened one week late on June 17, 1996. All additional items have been installed and the project is completed for 1996. BUDGET IMP ACT Staff was able to keep the project within budget. Attached Council will find a final budget update. Unspent funds totalled $18,641. ACTION REQUESTED For information only. Respectfully submitted, ,J- <<oJ c~.0tQ_ James Bell Parks and Recreation Director 1 ~ Cit" of FarminlJ.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 POOL RECONSTRUCTION 1996 FINAL BUDGET UPDATE AUGUST 5, 1996 DESCRIPTION APPROVED APPROVED YEAR TO DATE VARIANCE BUDGET CHANGE EXPENSES ORDERS Gutter $98,750 $98,750 0 Decking $4,500 $4,500 0 Demolition $6,300 $6,298 $2 Slide $6,000 $4,815 $1,185 Lift for handicapped $5,000 $2,940 $2,060 Consultant fees $14.000 $15.230 ($1.230) * $134,550 0 $132,533 $2,017 1996 Contingency $26,050 Mn Dept of Health Fee 0 C.O.Concrete Cuts 0 C.O.Pool Lights 0 C.O.Water Level 0 CO.Drain Line 0 Total 1996 $160,600 $200 $3,075 $3,550 $2,000 $500 $9,325 $200 $3,075 $4,126 $2,025 o $141,959 $26,050 ($200) ($3,075) ($4,126) ($2,025) o $16,624 * Overbudget is a result of Minnesota State Department of Health requirements. TOTAL BUDGET FOR PROJECT TOTAL EXPENSES UNSPENT FUNDDS $160,600 $141,959 $18,641 .l'i 9P TO: Mayor and City Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Budget Workshop for Review of 1997 Proposed Budget DATE: August 5, 1996 INTRODUCTION Council will be presented with the proposed 1997 Annual City Budget at the August 5, 1996 meeting. DISCUSSION It is recommended that Council schedule a workshop(s) to review the budget document with staff prior to the September 3, 1996 Council meeting. The regularly scheduled September 2, 1996 Council meeting will need to be moved to Tuesday, September 3rd due to the Labor Day holiday. According to state requirements, the City must adopt a preliminary tax levy prior to September 15, 1996. The next regularly scheduled Council meeting is Monday, September 16, 1996. Workshop date( s) will be presented for Council consideration at the August 5th Council meeting. ACTION REQUESTED Set Council workshop date(s) to review the proposed 1997 Annual City Budget. Respectfully submitted, .:Jy i~ JOM F. Erar City Administrator Citlj. of FarminlJ.ton 325 Oak Street · FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 FROM: John F. Erar. City Administrator ,/'\ C/~ / ! .( I \......- ~ TO: ylayor and City Councilmembers SUBJECT: Determination of LGA Penalty Soils Condition District No.1 DATE: August 5.1996 INTRODUCTION The Department of Revenue has issued an opinion relative to the request by the City that the contributions of soils in the East Farmington development project be used to meet the local contribution requirement under tax-increment financing laws and avoid and LGAlHACA loss. The Department of Revenue has denied the City's request. DISCUSSION A review of the financial implications associated with the State's denial of the City's request does subject the City to a reduction or penalty of Local Government Aid. An initial projection prepared by the City's former financial advisor, Springsted Inc., indicated that an LGA penalty of over $2,000,000 could result over the life of the soils district. As Council was aware, this preliminary estimate was prepared in conjunction with the issuance of the tax-increment bonds. Discussions with Tom Truszinski of Juran & Moody, the City's fmancial advisor, arid John Kirby of Dorsey & Whitney, the City's bond counsel, indicated that when the Council approved the soils conditions district in 1995, the City elected to be governed by a slower phase-in of LGAlHACA loss allowed under state law. This statutory election provided the City with a reduced LGA penalty in case the request for soils contribution was denied. Accordingly, this statutory election mitigated the worst case scenario preliminarily envisioned at the time the bonds were issued. In bottom line terms, the statutory election by Council under Option A provides for a less severe loss of LGA through a phased-in reduction percentage. According to calculations provided by John Kirby, it is anticipated that the LGA penalty will be approximately $693,809 if no local contribution is made or $529,328 if the City opts to make a local contribution over the life of the district. In essence, by making a local contribution to the project or to the debt service on the bonds from the General Fund, the City would reduce the penalty by an additional $164,448. This revised financial projection is in contrast with preliminary estimates of over $2,000,000 in LGA penalties. It should be noted that final LGA penalty figures are subject to the Gross Tax Increments generated by the project. Citlj. of FarminlJ.ton 325 Oak Street. FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 Mayor and Council Determination of LGA Penalty Page 2 of2 Accordingly, the City would need to make contributions beginning in 1997, with the first payment in the amount of$1,564. Attached, please find a schedule of the projected loss prepared by John Kirby detailing the annual estimated penalties. According to John Kirby, the "Total***" column indicates what the amount of the penalty would be if no local contribution is made. The "Required Local Contribution**" column is the amount of what the City's local contribution would need to be ($529,328) in order to avoid the larger penalty amount of $693,448. Further analysis of the project indicates that the City will be receiving TIF administration fees over the life of the district amounting to approximately $530,966. These funds may be used as a means of offsetting the City's local contribution in this regard. The net effect of using this funding approach would mean that the City would experience no actual loss of revenues during the life of the district other than committing project administration fees for this specific purpose. One additional option for Council to consider would be to appeal the Department of Revenue's decision. My discussions with Juran & Moody, John Kirby, and representatives from the Department of Revenue, indicate that the reason for the denial of the City's request centers around the fact that tax increment bond proceeds were used to pay the contractor for the extraction of the soils. Statutory provisions clearly indicate that the use of TIF proceeds violates the rules governing how a qualifying local contribution must be made in a tax increment project. BUDGET IMPACT The City will need to contribute $1,564 from the General Fund as local contribution in 1997. According to projections, this amount can be offset by TIP project administration fees which the City will receive in 1997. ACTION REQUESTED Council determination whether the City should appeal the Department of Revenue decision is requested. Approve the concept of using TIF administration fees from the project as the City's local contribution to the project. Respectfully submitted, 4t>f~ ~~F. Erar City Administrator ::. 6 :~'J~ 1l!:;J 6 :=.-\X 1 in:: J -to 26-l~ =: ORsn "\HC~:CY ~l''J-t Exhibit A E~timat~d LGA/HACA L0SS . Soil:; District \io. 1. [If No Local Contribution Made] Estimated Gross LGAI HAC:\. Req uired Local Year Tax bcrements Penalty'" Cnntributinn .... T otal ~..* 'l997 $2U,~5!J 0 S'1,564 $1~564 1998 2.18,828 " 16.+ 12 '16.412 oj 1999 434,214 a 32,566 "" -,:., - j_.':), t) 2000 626,128 13,151 46.960 46,960 200l 781,288 32,820 58.597 58,59i 2002 917,182 57,793 68,789 68.789 2003 1,014,799 85,2SS 76,110 85,255 2004 1,014,799 106,573 76.110 106.373 2005 1,014,799 127i888 76,110 127,888 2006 1,014,799 149,202 76.l1lL 149.202 ~~"I ~a8 5693.809 ... From Truszinski Schedule Under pre-1996 law ..... 7.50/0 times Gross Tax Increments '10"" Greater of the Penaltv Column or the Local Contribution Cotumn - Will be , taken from LGA/HACA " I :D -< en ,~ "Eo i3 n . 1 S - N~~~~~NN~~~~~I~~m ~ I,,: '0 :: --~ lD ; ~ 8~~ffil::1~~\-~o III 2~O -- ~~ :I. @.' Co ~s _ ~CD~g)\1I1 ID- 0 m ." C" -I~::j5?ii " li :E~;! ':'; ~I -~ !ID"'<< ~ -"" ~ -4..... a a ~ :a!:::s '" "0 .0oOOtC"CliJl.:l I ~m~ " =~!.CD.I!.i -lD ell :D U'I ...........CD~ ...", ~3w >... 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JI.:lW"'CDQ;lCIIN \- In "cc ~ ~ -... -N "Ul "0 iD :a. .= 8 -n a. 0 ~iCD ~ o ClIllACDNN........ - ::r >=i O='-O~UlQQ)-..=c;nQC i:I l1) I I room ..., :u:a ." .." -:i~~{; c t5 ~I!! :2 Q. o Ul. o. 31D <.0 > ;::s.-~ .........:=-acn . U1 ~IQQOCOQOQQOQOO I ~ ~ p .s,oo" - ~ :>c. I -I \ ~ <nl I o~>m I I 55 I - ,~ 1 ~ Ulenace ~ w- -"::J c: ~ - .0 ~~_cO).N~~~$Q_CD~.:~~ i!!. I ~ ~ ~Cl~~~S18~~m I alD-!'! I z I 0 Oa:ltOtOU10CD-,.Q 00 - - ~ .... ... ... I 01 .:; ~ ~~"r\),,~~~... -~~~ "tJ :- ~~~~~~~~~~~~~\~~a~ ~ alCIIC'lIOOCD"'AAO:iSlCl:lI ~ (,11- ~....<D~"""p\)a""~'-' - ale=tO <1lC .j:low<ec.:-.oj(.)I ----- HU~- l-~o lMU (;U~ ~KHNN1~ LHW UrrlGt rH^ NU. Ol~4~~ij~~ r. UC MBHORANDUK TO: FROM: DATE: RE: Mayor Kuchera' COllDOilDlem);)e4t'8 Attorney Dave Granni8 ).\1C)US't; 1, 1996 proposed Parental Rights Ordinance The purpose of this memo is to provide the mayor and council with a general preliminary analysis of the legal issues regarding the proposed Parental Responsibility Ordinance. I have attempted to divide my discussion into three topic headings. Discussions with the Leaque I have written a letter to Tom Grundhoffer at the League of Minnesota Cities, asking if the League would be interested in working with the city to formalize an ordinance and participate in defending it from the almost certain lawsuits challenging the constitutionality of such an ordinance. My concern being whether League would be willing to share or bear the entire burden of the anticipated legal expenses resulting from the costs of litigating such an ordinance. Mr. Grundhoffer indicated to me in a telephone conversation that normally the Leaque does not get involved in such undertakings. This is verified by the letter from Kent Su1em of the League dated July 10, 1996 (a copy of which I have attached for your information). This letter indicates that the League will perform a formal legal analysis on the proposed ordinance for a fee of $60.00 per hour. I also spoke with them regarding the League of Minnesota Cities Insurance Trust and whether the City's legal fees could be covered under its policy. I~ appears that this type of expense would not be covered, unless the challenge of the ordinance also involves a claim for damages. constitutionality of the Proposed Ordinance No Minnesota court has directly addressed the constitutionality or validity of a parental responsibility provision. The courts however, seem to clearly acknowledge the fact that parents have a duty, in certain contexts, to control the conduct of their children, whether for their own protection or for others. However, this duty is narrow, and at the very most, arises when the parent has both the opportunity and ability to control the child. The proposed Parental Responsibility Ordinance presumes a parent's ability to control their children. HUlJ- l-~O IOU (.U~ lJltHl'lI'll;:' LHW ur r 1 vc. rH^ NU. OI~~~~~J~~ r.UJ I doubt the validity of such an ordinance. The general rule at common law is that a parent is not liable in damages for the torts of his minor child, which are committed without his knowledge, consent, participation, or sanction. In derogation of this common law principal several states including Minnesota have enacted statutes which permit recovery against parents of an unemancipated minor for damages intentionally caused by the minor. Minn. Statutes S 540.18 provides that a parent of an unemancipated minor is liable for damage to person or property intentionally caused by that minor if the minor would have been liable for the damage if he had been an adult. The statute limits the liability to $1,000.00. presumably the intent of the statute is not to fully compensate the injured party, but rather to deter juvenile vandalism by imposing a penalty upon the parents of a destructive child. The League in 1983 gave the city of Stewartville an opinion that a City may not be authorized to create additional liability Which conflicts with common law and goes beyond statutory law. Section 5, paragraph b, of Councilmember Galler's draft holds the parent civilly liable for the damages caused by the minor child. To the extent that this amount exceeds the $1,000 limit of Minn. Stat. S 540.18 I believe that it would be in jeopardy of being found unconstitutional (city would have exceeded authority in passing such an ordinance). The proposed ordinance goes beyond the statute by imposing civil penalties (fines) and possible incarceration. However, the Minnesota statute does state that the liability provided therein is in addition to and not in lieu of any other liability Which may exist at law. The liability imposed by the Farmington ordinance could be considered such "other liability which may exist at law". Preli~inary Opinion A definitive answer of the constitutionality of the ordinance is not possible. Should the council decide to pursue this matter further, I would recommend that the city work with the League in drafting the most defensible ordinance. Also, you may want to wait until the legal challenge of the st. Clair Shores ordinance is final. If you proceed the cost of defending the constitutional challenges of the ordinance are unknown, but most likely it will involve appealS to both the Minnesota Court of Appeals and the Minnesota supreme Court. I do not recommend proceeding further unless you are committed to taking the matter to the Supreme Court. .:f AUG- 1-~blHU /:lU GKANN1~ LAW U~~IGt J1.lL~23-1996 1:;):40 FROM CITY OF FARMINGTON ............_....... "'....... . . - ..__ .t' ,.~-_.._' ," .... ~A^ NU. Ol~4~~~j~~ . m. . .. !~_ __ ..- r23S9 r 1. U4 P.Bl -:~c ~I l-..-.[~ oa. a..~~_l..JI' -.. . J -'-'" J St. P.1ul, Mi."l55103-2044 31.1200 · ,(800) 925..1122 .. rG; \bl~' ~1~u99 · roD (612) ~1-1290 July 10, 1996 Cbris Le~ City AGmlnJatratot City of Pumn,pm 325 Oak Street p"",if\gton, MN SS024 CfrtOf~ fo) JUL U 1996 ~I ~~ ~~~ PH.~ ~Mr. ~: . . .-', .; .-.... - '...:.......c::~~ ,,-.1-- . ~'." .- .", -~-t I 'TJiO ~ha5 ,,*ome' aware tbai 1be City of F~ftYli~gtOn is considering a~ a ..~ Respouibilit)'- oIdinancc. This orWpAnc.t!! would allow the city to hold parcms Ie5pODS1"blo for thIr milWaviOl' of tbeir miDor dIiWml. AccordiDg to receIJt micles iA both the ~-IpOUs St3r 'fribw1c aDd. the St. Paul Pioneer PfeIl, as well as Jiye DC1'II !tOries on the local IlOWI c:batme18, the City drafted this orcSi1Wlce base4 on legal research performed by the Leap and i5 wmnUy hlvUIg the Leapt ~ a legal miew of the ordinaJlco. AI the members of the LeaSUC staff mat woul4 nommny pedom1 tbat type 01 review bave not yet ~ a copy of the propoeecl orl'nft!W"~, 1 am writiDa to ~ what appear. to bs a ~ of tba Leap'S CUtmlt iAvolwmeDl in this matter. . ' Accordil1llO League records, you ~. the V-F'S Researd1 amllDformaticm Sel'Vi~ c1epartmelll on Juce 18 of this year. On JUDO 25, Marcus Miller, one ofb I..eape~s ReseatCh Assistants, scat you c:opies of twO mano6 thAt djsc,lSS tb8 issue of oNm.- holdiDc patel118 1i4bJe for acts of v~Umt committed by their miuor cbi1drm, I1Id a sample ~ tI1It I believe dealt with a curfew pnMsion c:atiDa cedaiB obtiptions far puaD md lawful ~.'" " . ,..-.~' - '.. The first memo. datc4 1-$-83 aacl ad.cireesec1 to tbe City of sc.wumne, ~ some legal dlseussioDs about panmbI11iability for the &em of their miDDr childml. In t1B third. paragraph of thiS memo, however, it c1car1y sMeS _ tbe autbm was not ma1rf~g aD)' CXJDdusiom abo\lt the validity of such ordilUl-- hl Mimlesota. ~~ the memo dated 7- 8--93 and addIcsscd to tba! CIty of New LoIIkm, pIVVidcs 0D1y a brief snmm~ of some of thD ~suca involved with such crM--es &ad cites ~ load nfwflllDfJ 1bat CCNld be checked by tile dty. Neither memo wu drafted as a fmma11egal opinloD, DOl was MamlI' lUpome to you hueJUled to be a formallep1 opiDiol1. AJ the League does not ~rvu.a WestLaw type ICUChI:s for pum1 informatioD requcstJ, no search. was ~lformrd for caaolaw on this maUcJ'. AI it is tb8 Research deplI'trDeIIt's polky to provi4e ge.aeral iDfC)rmatio!l m1 DOt s~ific legal advice, no formal analysia oEbow tho iDformatioa wwltl ~ly spccifica11y to YOUI' =>,'. situation WOUld bave been perfcm1ed. AN !Q\1A1. OWOtmlNrt'Y1 Aft'mMATtVE .A.CTIO~ EMPLOYER ..-- , --.. HU~- I-~O Inu t. II ~~HNNI~ LHW vrrl~t JU.-23-1996 15:42 FROM CITY OF FRRMINGTCN rHlI I'tV. OI~400~jO;j TO 4552359 r. U;J P.e2 ._9. '. The Qty. tbcrefore, should not intc:lpl'ec the general wtonnatiou it recei~ earlier as an approval or guaram.ee of ftUdity of the type of mdimmcc FarmiDgtgl1 if c:onsideriDg. ID51c:ad. it is simply ~ to pzovide ~ city witll puent iDformatloD on which it c.n hoe i5 own declsioD, p.teferably wltIl the a~ of the city altCmDY. If the city would like tbB League to peIfozm a fotmallepl a1ysis on the proposed Of'ltjtIR~. that can be arranged. Such amlysia will tKlt pammce the va1icUty of an ord<<mGCe a.s it is impossible to bow with l.\b$olute ~ how die COU1U may iPterpxct sometbinB~ but it would be alep1 gpiDioa based on an auorDe)'" raeuch am interpreratim1 of existin& law and ~ would be ilm!ndAlJ to point out the :safest approadlu well as risks tv be avoided. This service is offe:ed CD a fee basis with tile cutta!l charge be1Dg sixty dollars per hour ($()OIbr). it IX city is iJltm;Itm in tbis optiml. please let me qow. l'ImII1. I";; ~osiDg ~~of~'';'ju&t~~ ~~_of . ,C1Uta_~,~ ~.1~~~,tn a ,Mic:bipncit7. Thtzc wu. ~ ~ ~ , that o.rrUnll~, lmt it m.y wad6a&tJondi..g tbat the case is ~ on appeal. 1 am DOl aware of my other ordiP,.".es of tbia DIDm: tbat bave becD.1a&ecl in c.oun, aId1o\Igh one of the enclosed artidGiS dU~ ~ cftodt of __ ill Oregcm to bQ14 puwtI rapoasible. t have DOl yet bJd tile time to ~PACl the OIqOD I.a&uc to see wbat iDformatiou they may have. I I' bDpc ,lbat thra lear'da2:ifia tbe ~gue'l QIEtCQ& involvaDCDt in 1bis matter. If there lie any ~.~ about dIis .., please ctirect 1hcm.10 me.. . ' " Sincerely,' . ~,~.. Kim SUlem Codification Attorney -"EDt;' , . .'. ,"'-" .:; To: ~vlayor;:md City Couqci~ City Administrator ..~ / Gerald .-\. Henricks HRA Executive Director From: Subject: Enterprise Facilitation Project Date: July 30.1996 Introduction The Dakota County Economic Development Partnership presents for review and appropriate action by the City Council the Minnesota Valley Enterprise Facilitation project. Discussion The Minnesota Valley Enterprise Facilitation project is a pilot program intended to nurture local economic growth. The Enterprise Facilitation accomplishes this task by providing the local entrepreneur with the technical. marketing and financial expertise ("Trinity of Business") to develop and build the successful team. The Enterprise Facilitation project would contact 100 to 150 entrepreneurs, enroll and serve 40 to 50 clients, establish 12 to 15 new businesses and cteate 25 to 30 new jobs over a two year period. Budget Impact To accomplish the tasks and goals of the Enterprise Facilitation project, it will be necessary to hire a Enterprise Facilitator. An annual budget has been established for this ___~_.prQposed.proj.ect.at$52.20Q....J)CEDP,has.obtained a $2RQDD..annual contribution from the McKnight Foundation requiring the $32.200 budget balance to be provided by local governments, businesses. utilities and Chamber of Commerce. The office location for the Enterprise Facilitator has not been determined at this time. however. the City of Lakeville has volunteered to provide the needed office space and in-kind needs for this position. The location of the Enterprise Facilitator's office could influence the business location decision for the perspective client. At the present time. the HRA's goals and objectives identifies the activities of the HRA Director as the same activities the EF is to perform. An example. the developer for the Exchange Bank Building was directed to the appropriate experts for needed information by the HRA Director. The Director assisted the developer in obtaining the tinancing. the completion of the business plan and supplied additional assistance necessary to complete 1- Citlj. 'Of Farminf.J.ton 3250akStreeteFarmintJton,MN55024. (612) 463.7111.Fall' (612) 463-2591 the project. The HRA Director commits full time effort to assist businesses while the EF will be required to share his time and services with other communities. Action requested If the City Council determines they would wish to participate in this program, the City will be requested to provide $5,000 annually or $10,000 for two years and provide office space, supplies and equipment for the Enterprise Facilitator to meet with prospective clients in Farmington. The Enterprise Facilitator's position will duplicate areas of the HRA Director's work. It is uncertain at this time the extent of duplication and benefit to be derived for the City at this time. If the Council determines to proceed with this program, a motion should be passed approving the City participating in this program and directing the Mayor to sign the attached Letter of Commitment. If the Council determines to not participate in this program, a motion should be passed directing the HRA Director or the City Administrator to write a letter to DCEDP informing it that the City declines participating in this program. If there are any questions, please feel free to contact me at 463-1860. ~~~mi;. ~~ Gerald A. Henricks HRA Executive Director cc: Department Heads .:-; COUNTY Economic Development Partnership JUL 9 19Sc July 3, 1996 Mayor Babe Kuchera City Hall 325 Oak Street Farmington, MN 55024 Dear Mayor Kuchera, For several months, the Partnership has been conducting educational and organizational meetings to introduce a grassroots approach to economic development called Enterprise Facilitation to Dakota County. The method is based on the belief that nurturing local residents creativity is most cost-effective way to stimulate ongoing economic growth. The Partnership has been asked to facilitate the formation of a Minnesota Valley Enterprise Facilitation project. The project would involve up to six communities (Apple Valley, Burnsville, Eagan, Farmington, Lakeville, and Rosemount) to cooperatively hire an "Enterprise Facilitator" for a two-year period. The Facilitator would provide FREE and CONFIDENTIAL business consultation to anyone in the participating communities who has an idea that they would like to turn into a money-making reality. A detailed concept paper explaining this proposal is enclosed. The Partnership has already received a commitment from the McKnight Foundation to fund the project for two years at $20,000. The balance of the unfunded project budget, $27,200 must come from local private and public contributors. The City of Lakeville has indicated a willingness an interest in funding the project at $5,000 per year if other cities participate. The Partnership is now seeking a formal two-year commitments of $5;000 per year from other potential city partners in this project. The funding, should you choose participate, would be needed after January 1, 1997. If you wish to participate with the Minnesota Valley Enterprise Facilitation project, please return the enclosed commitment letter to the Partnership by September 8, 1996. Most of the project details will be decided by joint agreement by representatives of the participating communities and private sector sponsors, if any. The Partnership has already established the hiring authorities and procedures needed to employ a Facilitator for the project when the funds for the position are available. A representative of the Partnership's Enterprise Facilitation Steering Committee will be calling you soon to discuss your interest in the project. In the meantime, please feel free to call me or Scott Beckman with any questions or comments. :?Ln 0 LaDann. Riste, c~ encs. cc: John Erar, City Administrator Jerry Henricks, Community Development Director Chris Galler, DCEDP Board Member Achieving Community Potential Through Cooperative Action Scott Beckman Director Dakota County Economic Development Partnership 1300 1-!5'h Street Rosemount. ~1N 55068 (612) -!23-8291 FAX (612) -!23-9706 MINNESOTA VALLEY ENTERPRISE FACIUTATION LEITER OF COMMITMENT Ms. LaDonna Riste Chair, Board of Directors Dakota County Economic Development Partnership 1300 145th Street Rosemount, MN 55068 Dear LaDonna: The City of has reviewed the Partnership's proposal to establish the Minnesota Valley Enterprise Facilitation initiative. This letter is to inform you that we would like to participate with this initiative. We acknowledge that our cities major responsibilities include: to make two $5,000 payments to the Partnership payable after January 1, 1997 and January 1, 1998; and to assist in the recruitment of between two and four individuals from our community to serve on a Minnesota Valley Enterprise Facilitation Steering Committee. Further, we recognize that the Partnership has committed: to continue coordination of a County Enterprise Facilitation Steering Committee to support the local project, to include development a long-term funding recommendations; to provide director-level direction and staff support to the Steering Committees; to act as training, fiscal and personnel agent for the project; Finally, we understand that the proposed roles and relationships detailed in the attached Minnesota Valley Enterprise Facilitation project outline are intended as a starting point for further discussion and final definition by the participating communities. Other roles and responsibilities of the interested parties may be reached through the mutual agreement. The City of hereby agrees to participate in the Minnesota Valley Enterprise Facilitation project under the terms outlined above. This agreement is subject to the inclusion of the any additional terms that the City has included as an attachment to this letter of commitment. Authorized Signature on Date , 1996. .~i iVIINNESOTA VALLEY ENTERPRISE FACILITATION (EF) "Success is to do brilliantly what one loves doing and one of the most dUJic-..tit tasks that each of us has to perfonn in life is to find out not how to make it, but what it is we love doing. " Emesto Sirolli, Founder of Enterprise Facilit:ltion "Look inward to find a good economic ally. Ernesto's vision deserves a long hard look. His message is charmingly simple and indisputably successful. He says that all communities have the power to vitali=e themselves from the bottom up. All that's needed is an Enterprise Facfiitator, someone to help transform wishful thinking into a business reality." Peter Gillette, fonner Commissioner, Minnesota Department of Trade and Economic Development Mission To establish a pilot Enterprise Facilitation center serving .Minnesota Valley (defined in this repon as Apple Valley, Bumsville, Farmington, Lakeville, and Rosemount) entrepreneurs and businesses. Enterorise Facilitation Enterprise Facilitation is a grassroots, person-centered business development program that aids individuals in their quest for succ:ss. The following premises underlie this approach: . The seeds of suc::ess are present in our communities if we c:e:lte a c:lring, nunuring environment which encournges people and businesses to flourish. . In every community, individuals have promising ide:lS and wish to develop those ide:1s into suc::::ssful business enterprises. . Business is hard work. Assembly of human, technic:l1, financial, and information resourc:s is essential to success. Individualized business development will enhance the chanc:s for success. Distinctive Fe3tures · Locally initiated, funded and controlled. . Grounded in the belief that development is the result of people's personal growth. . Works with any person with a business ide:}, including those considering start-ups. . Employs colloqui:l1. non-technicllanguage and illu.str:ltions. . Develops non-trnditional, in-home, and street-level relationships. . Individualizes service in response to the motivation and performance of the client . Pro.actively complements and works with existing agencies. A Proven Model Over the past ten y~, Enterprise Faci1it:ltion has been embraced by over 100 communities in three nations. It has been responsible for cre:lung 20,000 jobs in Austr:llia, New Zealand. and the United States. In Lincoln County, ~linnesota. (population 6.000) EF progr:un results be~veen 1988-1995 included: 303 people cont:lcted the Enterprise F:lcilit:ltion office 38 new businesses 51 business expansions 139 jobs cfe:lted S1.5 million in new wages gener:lted DRAr'1- PAGE 1 Success Factors in the Minnesota Vallev · There are people in our community with unre:1lized dre:uns of becoming successful business owners. · Loc:1llayoffs cre:lte new business ownership opportunities for many highly-tr:tined professionals. · Dakota COWlty grows many in-home businesses (20% of residents work at home. Wkeville survey). · Small business is responsible for most new jobs cre:lted during the past deode (US Commerce Dept.). · EF is a cost-effective small business cre:ltion str.ltegy ($750 per job in Lyon Counry, Minnesota). · When a community gives to its residents, residents give back to the community. Proiected Two- Ye:1r Results · Consult with 100 - 150 entrepreneurs · Enroll and serve 40 - 50 clients · Establish 12 - 15 new business · Cre:lte 2S - 30 new jobs Roles and Resoonsibilities Proje1:t Manager, Executive Director of the Dakota County Economic Developmem Partnership. · Administers project funds via a trust-in-agency account with the Dakota County Technical College. · Hires and supervises the Enterprise Facilitator (a DCTC employee) on a d.ay-to~y basis. · Serves as an e."t-officio member and provide staff support to the DCEDP Ente.t)rise Facilitation Steering Committee and the Minnesota Valley Enterprise Fa~Jitation Steering Committee. DCEDP Enterprise Facilitation Steering Committee, a IS-person resource te:lIIl that promotes Enterprise Facilitation in Dakota County and helps communities to establish and maintain local Enterprise Facilitation projects. · Introduces Enterprise Facilitltion to Dakotl County and develops frameworks for local ac-jon. · Supervises the Project Manager and advises the Minnesota Valley Enterprise Facilitation Committee on matters such as policies and procedures and long-term project sustainability. · Helps organize local projects. · Secures gr:mts to seed local projects. · Refers clients to Facilitators. · Coordinates joint activities between local projects. · Helps to link local client entrepreneurs. to resourc:s. Minnesota V:uley Enterprise Facilitation Steering Committee. a broad-based, 9-15 person multi- community le:ldership te:un that meets monthly. · Receives Emerprise Facilitation tr.rining. · Advises in the hiring of the loc:ll Enterprise Facilitator. · Sets loc:1l policies and procedures such as service are:l. groundrules for ccoperntion and service slmring among communities. · P:uticipates in joint activities with other locI efforts. · Helps to link loQ.! client entrepreneurs to resources. · Works with Partnership and other local Committees to ensure long-term project sust:llrulbility. DRAFT - PAGE :2 Enterprise F:lcilitator, a tr.lined professional hired by the Project Manager in consultation with the Minnesota Valley Enterprise Facilitation Steering Committee. . Fosters, advoc:ltes and advises pet)ple who wish to start or e:-..-pand their businesses. . Employs ethic:ll me:ms to help individuals trnnSform their id~ into money. . Successful business requires technic:ll, marketing, and financial expertise. The Facilitator te:lches prospec-jve business owners about this "Trinity of Business" and helps entrepreneurs to build a successful te:un. . Directs prospective business owners in the application of sound business planning techniques. . Cre:ltively accesses and refers people to existing public and private sector business development resources. Annual Budget Use Project Coordinator Enterprise Facilitator (540,000) Tmvel Phone Supplies Total Project Budget Amount Source 55,000 20,000 20,000 3,600 2,400 1.200 552,200 DCEDP Nf~~ghtFoundation N1N Valley Consortium MN Valley Consortium MN Valley Consortium J\-IN Valley Consortium One possible fundraising strategy for a Minnesota Valley Enterprise Facilitation project follows. City 1 City 2 City 3 Banks Utilities C~rporations Chambers Total Local Funding Needed $5,000 5,000 5,000 4,000 4,000 4,000 200 + in-kind contributions 527,200 In-kind requirements include: office space; office equipmenc office supplies. Long-term Funding This is a pilot project. It is intended to demonstr.1te the cost-benefits of the Enterprise Facilitation method of business development in Dakota County. If the experiment does NOT produce the intended results, it should not be continued. If the project performs as anticipated. Dakota County will have evidence th:J.t Enterprise Facilitation is one of the most cost-effective methods of job cre:ltion in the world. It follows th:J.t the initiative would warr:mt some measure of ongoing local support. Tne DCEDP Enterprise Facilitation Committee will begin working with the Minnesota Valley Steering Commiuee to develop a long-term funding str.ltegy for the project imrnedi:uely following implementation. Tne Committee ms alre::.dy identified several opportUnities that w:mant funber e:-""p1or:ltion. DRAFT - PAGE J Recommended Action Plan Date A~jon Completed i /96 - 3/86 i /96 - 8/96 3/96 - 9/96 9/96 - 10/96 10/96 Ongoing Ongoing Ongoing Ongoing Ongoing Primarv Contact Secure matching gr.mt from Mc.r<night Found:ltion Secure funding from coalition of Minnesota Valley cities and businesses Organize and tntin Nlinnesota Valley Enterprise Facilitation Steering Committee Review and finalize dr.lft Policies and Procedures Hire and train Enterprise Facilitator Orient Enterprise Facilitator to all available business te::hnic:ll assistance providers Implement Enterprise Facilitation marketing strategy Implement Enterprise Facilitation Client Case Management activities Monitor and evaluate process and peIformance Publicize success stories Secure long-tenn funding commitments for the program Scott Beckman Executive Director Dakota County Economic Development Partnership 1300 145th Street Rosemount, MN 55068 Phone: 612-423-8291 FAX: 612-423-9i06 DRAri- PAGE-+ .:i =- - - - rJ'J c:: ~ Z ~ ===:;E- -<-<=== =-c:::S ~ rlll_ Z'-.IU ~OZ :;===0 =-=-- OZE- .JO< ~E=t:! >-<Z ~~< C_e" U::c:: -UO :; -< r"_' Or.;> Zr-l_ OrJ'JE- U-< r-l;:C:: >c::~ E-r-l~ Z~.J ;::JZ...; O~- U -< ~ o ~ -< Q .5 ~. ,_'~ ~ ;;:5 ::! .. ti " 3 ] t=] .3= _ ":;C ~ " -; .::". -"0 - ti..; ..:::.~.s 'e 's .s ~ ~ .- ~.s -= I: ".. 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':.S "'; ~.~ 1= ~ :: .: .. ~ ~ -3 :::'u ..... ~ r;I,2.2:.~_; ;';'=0 u -t~>'::o=:i~~o ..I....".. ~8""_~_ ~=<~ ... .=... oi ... 13 .. " <) .. .a :: .s!! ~ c.g -Cj-:::s -;~ O-ll ~.s ~"'.~_oli -;1:_ C~i~~ ii "_ 0.. == U "1.1 ;~~e~ .0' ~5 ~I'~'::t:~g .li..~l5. - :II (3 :-- c:. 1] ii ! :: ~ : ~ ~ ; ~ oli i:.~ ~ 3:: ;i - ~ :: ~'3 ::l:: l5.~::.~ ~ ~..s'j::'u-;",; 3 ~~::: ,.~...~~~.;~ :~'=~ . l5.%'.e~ ~-:;;- _ ~'a ~ v,.- S:I a::.'!! :1'-'..2 '2>g.'C_ .c==:I. ~ w ~ -; e--g a ~ ~~ "i ~ - :loll ~ ~ "'0'::;.. ":.::-:; I:n" >.'-:.i:j I: l5... ~ e;: Co =-e .. c.:::~Q_ ~1=;!."'=="""Q~ ';O=8~~=~=c.J_ t.;':::J~_=_ .... ~. . ~ = ,.. "!ij = ~ ~ .- :n 5i ~ ~~< - U.-: :J ._ _ .. ~::Si::5tJB ~.. ... ~ ~.3 ~ fro = ] - ~.s :: >- >-.:: ~ ~ --:n~___~, (ji=.aOi:Ji:J::.:...::- :'"- c:: _ >. ~ ... lJII .. U g,- ~.::i~ g~ .~, .~- ~ j ~ ~ g .~ ~ >- Q..c -= c "a"ii '- "'oli e-01S8 5:- ~1-~..,QO :II?: .; ~ ~ ~ .~ '2 "= li''';;~:::1:l '> Q ~ -= = c a _ -3'~ ;,il--;..\;;", =Q uatig<:Jg ~.-.: -= U ~ ' ~.; ~~c ~~9.a'i~ :1 'a ~ ''E ~ ;: .s ~ .~ i!",-: ~=;'==':; il ~ :: ;;.~ '" g,.g,:! ~ .'! ~ _..'" - =- -;; c:. ~l ,41 -.:: ~.... ~ lJ ;; :: ~ ~U L;;; ~ _ ~ =; .~ ] "":J '..) ~ -.:: . ~ ~:.:.. ~;<"i;.) _::n.. ..... . ::.. . /OIJ CHRISTOPHER GALLER 5275 ONE HUNDRED NINETIETH STREET. FARMINGTON. MN 55024 RESIDENCE 463-8477. OFFICE 452-661 1. FAX 452-291 1 TO: Mayor Kuchera and City Council DATE: July 22, 1996 RE: SOUTHEAST FARMINGTON RESIDENT SURVEY In 1994, the City Council proceeded with the Prairie Waterway project in order to minimize or eliminate the water problems of residents in the southeast area of the original portion of town. The project was much bally-hooed do to the financing mechanism that was utilized to pay for the project costs. Non-the-Iess, the project was completed and reports I have heard indicate that the projects main objective, elimi- nate or minimize the wet basement problems in southeast Farming- ton, have been accomplished. Attached is survey that we should consider sending to residents in the target area. This was one of the largest projects ever completed within the City of Farmington. Finding out how well it accomplished or failed to accomplish it's goals should be a primary concern of the City Council. The attached survey also discusses the homes built in the new subdivi- sion of Park Place. Much of the discussion surrounding the project was related to ensuring that new housing units did not have the same water problems as current area residents were experiencing. I have not heard comments one way or the other from the new area, but this information will help the City Council decide if additional measures need to be taken. Please review the attached survey and make adjustments or add questions were you feel appropriate. .ri PURPOSE OF SURVEY: To determine the effectiveness of the Prairie Waterway project in reducing wet basements in the Eastern Area of Farmington. To what extent did the project achieve one of it's primary goals? PROPOSED SURVEY AREA: Every resident on Seventh Street and East, North of Ash Street, within the City of Farmington. PROPOSED QUESTIONS: (Please place an "X" by the description that best fits your situation.) 1. Describe your basement: I do not have a basement. Please check and return this form to City Hall. Thank You. My basement is about half in the ground (split entry or split level home). My basement is full depth in the ground. 2. If you live in a new home, please check here and Skip to Question 5. 3. Describe your basement water conditions Before the Prairie Waterway was constructed (1995)? My basement was Always Dry. (no water seepage on floor at any time). No water on the basement floor but basement was Damp. Occasional Water on the basement floor (once every couple of years). Water on the basement floor at least Once Each Year. Water on the basement floor Frequently Each Year. 4. Describe your sump pump operation Before the construction of the Prairie Waterway? I Did Not use any sump pumps. I used One sump pump Occasionally to keep my basement dry. I used one sump pump Frequently to keep my basement dry. I used Two or More sump pumps to keep my basement dry. 5. Describe your basement water conditions After construction of the Prairie Waterway drainage system? My basement is Always Dry (no seepage on floor at any time). No water on the basement floor, but basement is Damp. Occasional water on the basement floor. Water on the basement floor at least Once during the past year. Water on the basement floor Frequently during the past year. 6. Describe your sump pump operation during the past year After the Prairie Waterway was constructed. I do Not Use any sump pumps. I use one sump pump occasionally to keep my basement dry. I use one sump pump frequently to keep my basement dry. I use two or more sump pumps to keep my basement dry. 7. Please add any other comments or concerns you may have related to the project or questionnaire. Please return this questionnaire to City Hall at 325 Oak Street, Farmington, MN 55024. Thank You for your cooperation. .i; 2 lOt TO: Mayor, Councilmembers, City Administrator 1?f-- FROM: Karen Finstuen, Administrative Assistant SUBJECT: Empire Townships Withdrawal from Building Inspection Services DATE: August 5, 1996 INTRODUCTION Empire Township has taken action which terminates the City's longstanding agreement for providing Building Inspection Services to the Township. DISCUSSION As noted in the letter dated July 11, 1996, Empire Township requests this withdrawal become effective July 9, 1996. Their Clerk, Floyd Henry, states the increased building in the Township and City as the reason for termination of this contract. BUDGET IMPACT The 1996 budget indicates a proposed income of$15,000 from Empire and Eureka Townships combined. Empire Township paid a total of$3359.62 for 1995. In 1996 they have issued eight permits for which we have done inspections which will generate $1806.37. ACTION REQUIRED Since Empire has taken action to replace our inspectors, no official action is required, this is forwarded to you for information only. Respectfully submitted, .; , -J.- '. " ;;NUR,- ~:fJ..--rv~ Karen Finstuen Administrative Assistant .:r - CillJ. of FarminlJ.ton 325 Oak Street. FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 lEmpirE (UOfun5~ip 3385 197th ST. WEST FARMINGTON, MN 55024 (612) 463.4494 Mr John Erar City Administrator City of Farmington 325 Oak street Farmington MN 55024 ~C1lY OF FARMINGTON DI JUl 15 1996 J If G in rIJ IE ~ July 11, 1996 Dear Mr Erar: In the past we have been using John Manke as our Township Building Inspector. Because of the increased construction in Farmington and our own increased construction we have decided to contract our own Building Inspector. This will be effective July 9, 1996. The last inspection for your services will be BP 96-8 for Roger Moore, 1210 l70th street, Farmington MN 55024 for a deck. We thank you for your past service. We have been pleased with your work. A check for your past services for the 1996 year to date will be processed for payment at our next Township Board Meeting. Again, thank you for your past service. Sincerely, ~; :::~I::r Empire Township cc: John Manke / ()el FROM: Mayor, Councilmembers, City Administrator~ Mary Hanson Clerk Typist TO: SUBJECT: Reschedule September 2nd Council Meeting DATE: August 5, 1996 Due to the Labor Day Holiday, the Council meeting of September 2, 1996 will need to be rescheduled for Tuesday evening, September 3rd at 7:00 P.M.. This memo is for information only and requires no official Council action. Respectfully submitted, f!!g~ Clerk Typist .r; - CifJJ of FarminlJ.ton 325 Oak Street · Farmintjtonl MN 55024 · (612) 463.7111 · Fall' (612) 463.2591 ) /a TO: Mayor, Councilmembers, ~ City Administrator Erar~~ FROM: James Bell, Director Parks and Recreation SUBJECT: PARAC Request for Joint CounciljPARAC Meeting - Park Referendum DATE: August 5, 1996 INTRODUCTION The PARAC requests that Council set a joint meeting to discuss the proposed parks referendum. DISCUSSION PARAC has met numerous times with individuals who have experience in park referendums. After these discussions, the Commission has concerns about the proposed referendum and would like to discuss them with Council at a joint meeting. RECOMMENDATION It is requested that Council set a joint meeting with the PARAC on August 19, 1996 at 6:00 P.M.. fespectfull~ submitted, '-..'.c:-..----. ..~~ James Bell Parks and Recreation Director .it.- -CitlJ..of FarminlJ.ton 325 Oak Street. FarmintJtonJ MN 55024 · (612) 463.7111 · Fall' (612) 463.2591