HomeMy WebLinkAbout12.04.23 Work Session Minutes City of Farmington
City Council Work Session Minutes
Monday, December 4, 2023
The City Council met in a Work Session on Monday, December 4, 2023, at Farmington
City Hall, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the Work Session to order at 5 p.m.
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Nick Lien, Katie Porter,
and Steve Wilson
Members Absent: None
Staff Present: Lynn Gorski, City Administrator
Julie Flaten, Asst City Administrator/HR Director
Deanna Kuennen, Community & Economic Development Director
Kim Sommerland, Finance Director
Justin Elvestad, Fire Chief
Jeff Allbee, Fire Relief President
Tony Wippler, Planning Manager
Gary Rutherford, Police Chief
John Powell, Public Works Director
Ed Rutledge, Natural Resources Specialist
Shirley Buecksler, City Clerk
Also Present: Vishal Dutt, Development Partner, Yellow Tree
Robb Lubenow, Yellow Tree
Tom Wasmoen, Firm Ground Architects and Engineers
2. APPROVE AGENDA
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays.
3. DISCUSSION ITEMS
3.1 Discussion Regarding Proposed Development and Existing Special
Assessments
Director Kuennen presented. In June of this year, Staff attended the Minnesota
Real Estate Journal Apartment Summit, where they met Vishal Dutt,
Development Partner with Yellow Tree — a Minneapolis-based commercial real
Work Session Minutes of December 4,2023 Page 1 of 8
estate development and construction firm. Staff has been working with Mr. Dutt
(the Developer) to identify a site in Farmington for the construction of a market
rate apartment project. The Developer has secured a site and is now seeking
assistance from the City to advance this project.
Mr. Dutt has successfully negotiated a purchase agreement for a 3-acre portion
of the 15-acre "Hy-Vee" property (PID 148260000031). The site, once
subdivided, would house a market-rate apartment development with covered and
surface parking, and other outdoor amenities. The proposed project is estimated
to be $28 million - which includes land acquisition, hard construction costs and
soft costs (architecture, engineering, finance, etc.). In order for the project to
move forward, the developer is seeking financial assistance from the City- in the
form of forgiveness of the special assessment attached to the property and some
form of tax incentive (tax abatement). These resources are necessary for the
project to be financially feasible.
The property is currently paying on a 15-year special assessment that was
previously deferred. Calendar year 2023 is Year 2 of the assessment payments,
with a total approximate payoff of $1,722,595 (total parcel), at a per acre rate of
$116,549. Based on these numbers, the special assessment is an impediment
to the project, as it adds an additional estimated $350,000 to the overall
development costs for the 3-acre development. Before spending additional
dollars on engineering, architecture, and design, the Developer is seeking input
regarding the City Council's appetite to waive the special assessment on the
3-acre portion of the overall parcel (contingent to the investment/development
moving forward) and also if the City Council is open to exploring the use of tax
abatement as a means to reduce the financial gap/feasibility in order to advance
the project. Based on feedback from the City Council, the Developer will decide
whether to continue pursuing the project at this location. If there is positive
feedback and a willingness to support utilizing such resources to advance the
development, the next steps will include engaging with the City's financial
consultant to work with the developer in preparing a more in-depth financial
analysis and tax incentive recommendation which would come back at a future
meeting.
Discussion included:
Councilmember Wilson: As a policy maker, where we know there is going to be
a need to use financing tools on a lot of different projects, whether its multi family,
high quality apartments, retail, commercial, etc., we have to know what the City's
capacity is to waive or abate. There has to be a threshold. For a period of time,
there is going to be a lot of taxes and things that are waived where we are either
holding market value for an extended period of time or you just flat out waive it.
And I have to believe with the Peterson north portion, the remainder of the Hy-
Vee property, and the portion on the other side of Eden, those are going to
require some kind of assistance, too. As a City, we need to be prepared to help,
Work Session Minutes of December 4,2023 Page 2 of 8
but what is the threshold to help them? I don't want to be responsible for holding
the future of the City hostage in the same way it happened before for a period of
time, and we need to see those assessments coming through. We should be
prepared for an expectation of $1.72M would be automatically asked for if we
were to give it to one developer, I assume the remainder would.
Director Kuennen: The abatement is limited by state law. If we are interested in
abatement for this project, we are well under the threshold. Looking how we can
use future taxes to support a project, With the project comes the ask to abate a
portion of those taxes. Part is keeping those existing taxes. We are only looking
to use the taxes from the project, into the project. Every request will be analyzed
on its own merit.
Councilmember Lien: Has Hy-Vee shared their plans and do they have 3 acres
to spare? Manager Wippler said they had an approved site plan and occupational
use and that they did not use the entire space.
Councilmember Bernatz: 1) As we divide the parcel, what is the likelihood of
smaller parcels that we would have an equal investment to the $28M parcel?
Giving up $1.7M could potentially return a higher gain. 2) What is the benefit/loss
to the City in regard to abatement? 3) What is the message that we send to
corporations if we forgive abatement? It is not our job to penalize other
developers for the actions of a previous developer.
Mr. Dutt: If you put in housing, everything else will come. Councilmember Lien
agreed — you need people to make business grow.
Director Kuennen: We are actively trying to recruit a grocery store. There are
metrics that grocery stores look at. This is the kind of development that helps the
case to get a grocery store here. The location of the site does not limit the use of
the other 12 acres. It is a logical location.
Councilmember Porter: 80% of our tax base is residential. We understand that
drives the market analysis. Are we complicating a partnership that we are trying
to create? The market for that in Farmington concerns me. Thinking about the
abatement and lack of proven success rate with rental is hard. I'm not here to
say no—we just need a little more in front of us, with the possibility of that$1.7M.
The comparison to Farmington is really hard to find. The ask for the market rate
pricing — there is a lot bigger demand for that.
Mr. Lubenow: A lot is played out through a market rate study to get that
information.
Director Kuennen: The market analysis will determine the rents that will be
compatible here. The Ebert construction project will be included in that analysis.
Council would have a lot of decisions before it's considered.
7
W 23ork Session Minutes of December 4,�0�� Page 3 of 8
Councilmember Porter: We are going to have concerns from our constituents
and it's our responsibility to ask those questions. I appreciate the point that many
people are still working remotely.
Mayor Hoyt: There are some good questions and points that have been made.
But it's important to understand that, for the past seven years, the City was
promised a build by a big company, but that changed, and we have had to put
out fires in the community for the past five to seven years. Abatement, or waiving
any form of assessment, must either bring jobs in or create density, which
becomes a promotion for other employers to bring jobs in. You need to do your
market study, but we would hate to abate and 12 months from now, we could
have a property with no development. We need a reasonable amount of certainty
of what the ask is. When we started doing Vita Attiva, we had to redo the
comprehensive plan regarding mill and overlay. The first think I look at is if the
square-about doesn't need to be there, does it affect the site layout and ability to
put in more units?
Mr. Dutt: This is three levels with underground parking and on surface parking.
Mayor Hoyt: Do you have any mixed use projects with retail integrated in the
system? The need for more retail options continues to exist. How do you achieve
your density and cost mix along with some sort of retail? Does the square-about
change your site layout? There is a huge appetite for a lot more mixed use.
Mr. Wasmoen: I don't think this site is good for mixed use but perhaps on the
north side. It would have to be a destination retail with more parking. First floor
retail in Lino Lakes still has empty space for the past 17 years. The grand vision
is hard and works better when it's organic. I would work on increasing retail in
the downtown.
Mayor Hoyt: I understand you want some form of direction. I am in favor of the
$350K going away because it's adding to our density. We don't have the housing
to support the workforce for some of these larger prospective employers. I would
support it for that reason. I will ask that we get some level of idea of what type of
abatement you'll need. What can't happen is we let the $350K go, the City takes
on a million dollars in road reconstruction project, connect things through, and
meet all the fire needs, we can't take on that expense and then find out there is
going to be a fill-in-the-blank ask and abatement. We don't want you to incur
expenses and then come back and we say no. As long as the additional
abatement over time isn't over the top that it becomes prohibitive for us in future
capacity.
Councilmember Bernatz: I agree with your position on it and would take a similar
stance. We need to remember as Council that the questions and conversations
will be tough with residents, and it is our goal to discuss those. I want to know
more about the dollars and cents — anything that provides density along with
commercial, I'm happy moving forward.
Work Session Minutes of December 4,2023 Page 4 of 8
Councilmember Porter: We are just asking for more clarity. This is an
aesthetically pleasing project.
Councilmember Wilson: The development is attractive. The market will be the
guiding point for density. I am concerned about the road and don't like the way
it's configured, so that will need to be figured out. Specifically, Dushane Parkway
- the idea is to bring it straight down to the intersection or a roundabout.
Mayor Hoyt: Vita Attiva is responsible for the intersection signal at Pilot Knob. It's
the right time to look at the square-about and provide a smooth transportation
flow. That definitely needs to be looked at. The developer can come up with a
concept for a roundabout versus a square-about that will work for them.
Councilmember Wilson: The major issue I have is Council needs to discuss the
$1.7M and what it looks like. We need a dialogue about the whole thing, but it's
a very attractive project.
Councilmember Lien: We know there is a shortage of retail, so my tolerance of
the abatement is higher if there is retail.
Mayor Hoyt: We believe we know what our community needs. We always have
an appetite for more retail. About three of us are clearly yes, absent more
information. A quick offline conversation will fill in the other gaps. Staff can do
that as quickly as possible.
Mr. Dutt: We intend to start by Fall 2024.
3.2 Emerald Ash Borer (EAB) Management Plan — Update
Director Powell and Natural Resources Specialist Rutledge presented. Earlier
this year, City Council considered various scenarios for an updated EAB
Management Plan. On March 20, 2023, Council approved Scenario #4, which
aggressively responds to the EAB while keeping public safety as the focus.
Scenario #4 pertains to public trees, particularly those in boulevard areas (city
right-of-way outside of the roadway) and park areas. This scenario uses a
coordinated approach on public ash trees, including extensive tree removals,
along with injection of an insecticide to extend the health of the trees until they
can be safely removed. At the same time, we have a significant effort underway
to perform boulevard tree trimming along roadways. Staff provided a brief update
to Council on our progress and challenges so far. An annual update will be
provided in March or April of 2024.
Following are some metrics for trees removed, trimmed, ash-treated and stumps
removed so far in 2023. More trees will be trimmed in the next few weeks via
contracted labor.
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Tree removals:
• 375 trees removed.
• Includes 325 Ash trees; the remainder were dead/hazard trees of other
species.
86% removed by contractors; the balance removed by City Staff.
Trimming:
570 trees trimmed.
65% trimmed by contractors; the balance by City Staff.
Treatment: 1,060 trees by contractor.
Stump Removal: 449 stumps removed by contractors
We are also doing major trimming. We have code support for doing the work we
do, but it has a big impact on residents. There has been a backlog in pruning for
about a decade. Future focus will be hazards and trimming only. We have a
Green Corp member auditing trees who found about 40 private trees — we are
bound to find more going forward. It's labor intensive. People are starting to
understand, and the calls are slowing down. We may look at a tree rebate
program for planting new trees. Some may plant the tree on their side of the lot
line, and it will become a private tree — that comes with a lot of communication.
The goal is to replace trees because we are losing our canopy and a variety of
species.
Councilmember Lien asked that we have language with a specific list of species.
Mayor Hoyt suggested going one step further regarding species and placement,
which trees provide canopy and height over sidewalks, mix of trees, likelihood of
success, and the proposed rebate. Come up with an ordinance and a way to
implement a good plan. Spot it for them on GIS and we will figure it out from a
policy standpoint.
Councilmember Lien asked about expectations of park land. Behind his home is
80% marsh and 20% buckthorn.
Mayor Hoyt said as we go through future developments, we need to be talking
about trees and placement. He also suggested a City forestry division where
things can be handled internally.
3.3 Speed Limit Background
Director Powell presented the issue of speed limit levels, the City's ability to set
speed limits, and the process for changing speed limits has been raised in the
past, and again more recently. This is a good opportunity to share background
Work Session Minutes of December 4,2023 Page 6 of 3
information on relatively recent legislative changes and research pertaining to
speed limits.
Minnesota Statute Section 169.14, subd. 2 was updated August 1, 2019, by the
Minnesota State Legislature. The change gave cities the authority to establish
speed limits for streets under their jurisdiction without having MnDOT conduct a
speed study and without approval by the Commissioner of Transportation
provided that:
• Speed limits are implemented in a consistent and understandable manner.
• The City erects appropriate signs to display the speed limit.
• The City develops procedures to set speed limits based on the City's safety,
engineering, and traffic analysis considering national urban speed limit
guidance and studies, local traffic crashes, and methods to effectively
communicate the change to the public.
The best practices process (which could be applied either citywide or roadway
specific) described in the report is as follows:
1. Document Existing Conditions
2. Survey Residents and Elected Officials
3. Analyze your Data
4. Partnering with Law Enforcement
5. Evaluate Alternative Approaches/Make a Decision
6. Prepare a Policy Statement
7. Develop a Plan to Implement
8. Conduct a Follow-Up Assessment
Two examples of how Saint Paul and Minneapolis have responded to speed limit
legislation changes were included in the Council's packet. The approach for
Farmington needs to be developed at a level of scope detail that meets our
needs. The goal being that we develop a defined process that incorporates best
practices and transparency for the public.
Director Powell will direct Staff to prepare a procedure and approach for future
requests to change speed limits. We currently do not have a procedure to follow.
4. COUNCIL COMMITTEE UPDATE
No update.
5. CITY ADMINISTRATOR UPDATE
No update.
Work Session Minutes of December 4,2023 Page 7 of 8
6. ADJOURNMENT
Motion was made by Councilmember Lien and seconded by Councilmember Bernatz
to adjourn the meeting at 6:53 p.m.
Motion carried: 5 ayes / 0 nays.
Respectfully submitted,
Shirley R Bue s er v-
City Clerk
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