City of Northfield
City Hall 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us
Meeting Agenda - Final
Tuesday, November 18, 2014
6:00 PM
Closed Meeting - 6 pm Regular Meeting - 7 pm
Council Chambers
City Council City Council Meeting Agenda - Final November 18, 2014
6:00 PM - CLOSED SESSION CALL TO ORDER 1. 14-206 Closed Meeting Pursuant to Minn. Stat. § 13D.03, Subd. 1 for consideration of strategy for labor negotiations - 6 pm
ADJOURN
7:00 PM - REGULAR AGENDA CALL TO ORDER Mayor: Graham Councilmembers: DeLong, Ludescher, Nakasian, Peterson White, Pownell, Zweifel
APPROVAL OF AGENDA
APPROVAL OF MINUTES
2. 14-207 City Council Meeting Minutes - November 10, 2014
Attachments: Meeting Minutes November 10 2014 Draft
PRESENTATIONS
3. 14-208 Link Center Budget Presentation
Attachments: 1 - Link Center Motion & Agreement
REPORTS FROM THE MAYOR AND COUNCILMEMBERS
CONSENT AGENDA
Public Comments: Persons commenting on consent agenda items only may use this opportunity to speak. Speakers must identify themselves by providing their name and address and completing a comment card. Comments are limited to two (2) minutes (not including interpreter’s time). Agenda items below are approved by one motion unless a Council member requests separate action. All items approved by majority vote unless noted 4. 14-209 Disbursements
Attachments: 1 - Disbursements 1
5. Res. 2014-130 Certify delinquent bills to property taxes
Attachments: 1 - Resolution Certification of Delinquent Charges 2 - 2014 Delinquent Utilities to be Certified to the County Property Taxes 3 - 2014 CERTIFICATION LETTER
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6. Res. 2014-131 Interfund TIF loan for Presidential Commons
Attachments: 1 - Res 2014 TIF Loan 2 - Amortization schedule 2007D
7. Ord. 965 Second Reading of Drug Paraphernalia Ordinance - Chapter 50
Attachments: 1 - Drug paraphernalia ord Northfield v 3 as revised 100914 2 - Chris Hood E-mail 3 - TobaccoField Ltr - Hvistendahl - 111014
8. 14-210 Approve Summary Publication of Ordinance No. 965 - Drug Paraphernalia Ordinance Attachments: 1 - Summary Publication of Ord. No. 965
9. Ord. 964 Second Reading of Revised Tobacco Ordinance Chapter 30, Divisions 1 and 2 Attachments: 1 - Tobacco ordinance amendments 2014 v 3 Final 102914
10 14-211 Approve Summary Publication of Ordinance No. 964 - Revised . Tobacco Ordinance Attachments: 1- Summary Publication of Ord. No. 964
11 14-212 WWTP Watermain Extension - Reject Bid . Attachments: 1 - Recommendation of Award 11-12-14
12 14-213 Updated tuition reimbursement policy for the Employee Handbook . Attachments: 1 - 5.05 tuition reimb (tracked changes) 11.14
OPEN PUBLIC COMMENTS
Persons may take one opportunity to address the council for two (2) minutes on any topic, even if on the agenda (not including interpreter’s time), with the condition that they may not speak on the same item later in the meeting. No notification of the mayor is required. However, speakers are asked to complete a comment card. Persons wanting a response to a question must submit the question in writing to the recording secretary. Questions must include name, address and phone number.
REGULAR AGENDA
Please submit name and address to the recording secretary before the meeting or prior to the start of the regular agenda. The Mayor will ask you to speak after the staff report on the item. Please be respectful of the public’s and the council’s time. Members of the public wishing to speak must adhere to the following guidelines: • Speak only once for no more than two (2) minutes (not including interpreter’s time) on the topic unless the speaker is addressed by the council; • Identify your relationship to the topic (interested citizens included); • Have a spokesperson or two for your group to present your comments.
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13 Res. 2014-132 Water, Sewer, Storm Water, and Refuse Rates . Attachments: 1 - Resolution 2014 Utility Rate Increase 2 - 2015 Water Fund Rate Options 3 - Impact Analysis - 5 Years - Option #2
14 14-187 Review of TIF 4 Project Matrix . Attachments: 1-Resolution 2013-157 2-TIF4 Project Matrix 10.23.14 3-TIF Modification 2013
ADMINISTRATORS UPDATE
15 14-214 Upcoming Council Items . Attachments: Upcoming Agenda Items
ADJOURN
Note: The City Council may take a five minute break during the meeting. All regular City Council meetings end at 10:00 pm unless a 5/7 majority of the City Council vote to extend the time. SPECIAL NEEDS: If you require special services to attend or participate in a public meeting, please call the City's Administration Office at (507) 645-3001 or e-mail Deb Little, City Clerk, at [email protected]. TDD users can call (507) 645-3030. Please call at least 24 hours before the meeting, if possible.
City of Northfield Page 4 Printed on 11/13/2014 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-206, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council
From: Michelle Mahowald, Communications & Human Resources Manager Nick Haggenmiller, City Administrator Frank Madden, Labor Attorney
Subject: Closed Meeting Pursuant to Minn. Stat. § 13D.03, Subd. 1 for consideration of strategy for labor negotiations - 6 pm
Action Requested: The Northfield City Council moves to close the meeting pursuant to Minn. Stat. § 13D.03, Subd. 1 for consideration of strategy for labor negotiations.
Summary Report: The Northfield City Council review, discuss and provide direction to staff to complete labor negotiations. Frank Madden, the City’s Labor Attorney, will be present to discuss current settlement trends and answer questions about the process.
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-207, Version: 1
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Meeting Minutes - Draft City Council
Monday, November 10, 2014 7:00 PM Council Chambers
7:00 PM - REGULAR AGENDA CALL TO ORDER Mayor Graham called the meeting to order at 7:00 pm. He congratulated the winners of the election. Noted that Veteran's Day is tomorrow and that is the reason for a Monday night meeting. Stated appreciation for all Veterans. Present: 7 - Mayor Dana Graham, Council Member David DeLong, Council Member David Ludescher, Council Member Suzie Nakasian, Council Member Jessica Peterson White, Council Member Rhonda Pownell, and Council Member Erica Zweifel APPROVAL OF AGENDA
Mayor Graham noted the items on the greens sheet, stated that item #6 MESERB contribution has been removed from the agenda. Item #3 was moved from consent agenda to the regular agenda.
This agenda was approved as amended.
Yes: 6 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Pownell, and C. Zweifel
Not Present: 1 - C. Peterson White
APPROVAL OF MINUTES
A motion was made by Council Member Pownell, seconded by Council Member Zweifel, to approve the October 21, 2014 meeting minutes. The motion carried by the following vote:
Yes: 6 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Pownell, and C. Zweifel
Not Present: 1 - C. Peterson White
1. 14-190
REPORTS FROM THE MAYOR AND COUNCILMEMBERS
C. Nakasian - None C. DeLong - Reported on recent Intergovernmental meeting. C. Peterson White - None - Entered the meeting at 7:04 pm. C. Zweifel - Thanked IT staff for assisting with her electronic participation in the last meeting. C. Ludescher - None C. Pownell - Reported on the EDA & NEC joint meeting. Mayor Graham - Reported on the NAFRS board meeting, Mayors Youth Council forum and Hospital board meeting. Reported on meeting with Rice County representatives regarding Woodley Street. Also met with MnDOT regarding crossing on Highway #3
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near Fremouw Ave. Reported on meeting with the Mayors Task Force on Youth Alcohol & Drug Use. They have been tasked with reviewing the Rice County Health Assessment related to drug use in Northfield and how to better educate on this topic. Attended first meeting on moving Northfield towards being a Yellow Ribbon Community. The next meeting is on December 8 at 7 am. CONSENT AGENDA
City Administrator Haggenmiller introduced the items on the consent agenda.
A motion was made by Council Member Pownell, seconded by Council Member Peterson White, to approve the consent agenda. The motion carried by the following vote:
Yes: 7 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Peterson White, C. Pownell, and C. Zweifel
2. 14-191 Disbursements
4. 14-198 Approve the Purchase and Installation of New Squad Video Systems for Northfield Police Department
5. Res. 2014-126 Well No. 6 - Approve Plans and Order Advertisement for Bids
7. Res. 2014-129 Approve Canvass of Votes Cast at the November 4, 2014 General Election OPEN PUBLIC COMMENTS
Victor Summa, 812 St. Olaf Ave., spoke about article in the Northfield News regarding the election. Noted that those elected spoke regarding their interested in economic development. Spoke regarding his opinion of the ineffectiveness of the EDA and asked Council to consider goals related to economic development and what has happened in the past. REGULAR AGENDA
3. Res. 2014-124 Accept Feasibility Report and Call for Improvement Hearing - 2015 Second Street Reconstruction Interim Public Works Director/City Engineer Erickson introduced this item, noted information on the green sheet and answered questions posed by Council. Finance Director Schlomann answered questions posed by the Council.
A motion was made by Council Member DeLong, seconded by Council Member Peterson White, to approve Resolution 2014-124.
An amendment was made by C. Zweifel and seconded by C. Peterson White to amend the resolution by adding that staff is directed to bring back financial options for completing the project in one construction season for Council consideration. An amendment to the amendment was made by C. Ludescher and seconded by C. Peterson White to amend the second whereas clause to include Second Street between Madison and Orchard Street and Orchard Street between Second Street and Third Street and to amend the dollar amount in #1 to $3,197,645 in the Now Therefore Be It Resolved clause. All in favor. Motion
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carried.
Vote on resolution as amended. The motion carried by the following vote:
Yes: 7 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Peterson White, C. Pownell, and C. Zweifel
8. 14-192 NCRC Budget Presentation and Discussion
Finance Director Schlomann introduced this item. Jim Blaha, NCRC Corp member, spoke regarding the NCRC transition. City Administrator Haggenmiller answered questions posed by the Council.
9. 14-193 Approval of 2015 Budget for the Convention and Visitors Bureau
Community Development Coordinator Merxbauer introduced this item. Todd Bornhauser, Lisa Havelka & Brad Ness presented information related to the 2015 CVB budget and answered questions posed by the Council.
Victor Summa, 812 St. Olaf Ave., spoke regarding the impressive presentation. Asked about Council's authority over the CVB and whether Council is required to approve the budget.
A motion was made by Council Member Pownell, seconded by Council Member Nakasian, to accept and approve the 2015 budget for the Convention and Visitors Bureau. The motion carried by the following vote:
Yes: 7 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Peterson White, C. Pownell, and C. Zweifel
10. Ord. 964 First Reading of Revised Tobacco Ordinance Chapter 30, Divisions 1 and 2 Police Chief Nelson introduced this item and answered questions posed by the Council. City Attorney Hood answered questions posed by the Council.
Tracy Ackman-Shaw, Public Educator Rice County Public Health, shared statistics related to smoking in Northfield and Rice County and spoke regarding e-cigarettes. Spoke in favor of the ordinance revisions.
Greg Gelineau, Interim Principal at Northfield Middle School, spoke in support of the proposed changes to the Tobacco Ordinance and the proposed Drug Paraphernalia Ordinance. Noted accessibility goes hand in hand with use. Stated that additional regulations will send a clear message to students and parents.
A motion was made by Council Member DeLong, seconded by Council Member Pownell, to approve the First Reading of Ordinance No. 964. The motion carried by the following vote:
Yes: 7 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Peterson White, C. Pownell, and C. Zweifel
11. Ord. 965 First Reading of Drug Paraphernalia Ordinance - Chapter 50
Police Chief Nelson introduced this item and answered questions posed by Council. City Attorney Hood answered questions posed by the Council.
A motion was made by Council Member Pownell, seconded by Council Member Peterson White, to approve the First Reading of Ordinance No. 965. The motion
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carried by the following vote:
Yes: 7 - Mayor Graham, C. DeLong, C. Ludescher, C. Nakasian, C. Peterson White, C. Pownell, and C. Zweifel
12. 14-194 Library and IT budget presentations
The Council took a 5 minute recess.
Council Member Nakasian left the meeting. Finance Director Schlomann introduced this item and answered questions posed by the Council. Library/IT Director Jensen presented information related to the Library, Library Gift Funds & IT budgets and answered questions posed by the Council. City Administrator Haggenmiller answered questions posed by the Council.
13. 14-195 Utility Rates Discussion
Finance Director Schlomann introduced this item and answered questions posed by Council. City Administrator Haggenmiller answered questions posed by Council. This item will be brought back for consideration at the November 18, Council meeting.
14. 14-196 Waterford Township Annexation Payment Discussion
Council Member Ludescher introduced this item. Council members discussed information related to this item. Mayor Graham suggested that Council Members Ludescher and Zweifel talk with Waterford Township and report back to Council. ADJOURN
The meeting adjourned at 10:06 pm
City of Northfield Page 4 Printed on 11/13/2014 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-208, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Link Center Budget Presentation
Action Requested: Janet Lewis Muth will provide a presentation on the Link Center activities and budget.
Summary Report: The City Council approved a three-year agreement with Growing Up Healthy and Healthy Community Initiative for the Link Center in January 2014 effective through December 31, 2015. A copy of the agreement is attached. Janet Lewis Muth will be provide information on Link Center activities and budget at the meeting.
Alternative Options: N/A
Financial Impacts: The contract cost is $22,100/year payable in equal installments on February, July and October1 in 2014 - 2016.
Tentative Timelines: N/A
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ CONSENT
Item #5
M2014 -012
Date of City Council Meeting: January 21, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Approve Consultant Service Contract for The Link Center
Action Requested: The City Council is being asked to approve the Consultant Service Contract with Growing Up Healthy and Healthy Community Initiative for the Link Center.
Summary Report: On October 15, 2013, the City Council approved Motion M2013 -105 " directing staff to develop a three year contact for service for The Link Center for $22, 100 /year from the Communications Fund." The attached Consult Service Contract was created and reviewed by the Growing Up Healthy, Healthy Community Initiative (HCI) and the City Attorney.
Alternative Options: The Council could amend the contract or choose to not approve the contract.
Financial Information: The City will pay an annual fee of $22, 100 for services in equal installments on February 1, July 1, and October 1. The City will also provide office space at the Northfield Community Resource Center (NCRC) totaling approximately 200 square feet.
Timelines: Delay of contract approval would delay the first payment.
Attachments: 1. Consultant Service Contract 0 CONSULTANT SERVICE CONTRACT
This Contract, made this a10 day of n i , 2014, by and between the CITY OF NORTHFIELD, a Minnesota munici$al corporation (the " CITY ") 801 Washington Street, Northfield, MN 55057, and GROWING UP HEALTHY, a Multi- Agency Grant -Funded Coalition, 1651 Jefferson Parkway, Northfield, MN 55057 ( "CONSULTANT ") and NORTHFIELD HEALTHY COMMUNITY INITIATIVE, the fiscal agent for CONSULTANT, collectively the " Parties ").
WHEREAS, CONSULTANT is a grant -funded initiative, which has established the LINK Center program to jointly provide certain services to the City and the other entities and organizations making up CONSULTANT, including addressing the needs of new residents coming to Northfield; and
WHEREAS, CONSULTANT is comprised of the entities and organizations attached hereto as Exhibit 1; and
WHEREAS, CONSULTANT is funded partially through grant funding that may have a limited duration; and
WHEREAS, the Northfield Healthy Community Initiative has agreed to serve as fiscal agent for CONSULTANT in order for CONSULTANT to provide the services needed by the City and the other entities and organizations comprising CONSULTANT; and
WHEREAS, the CITY requires professional services to assist the CITY in providing certain services and programming assistance to new populations in the community that can be provided cost -effectively and efficiently through a contract with CONSULTANT; and
WHEREAS, CONSULTANT agrees to furnish the various professional services required by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
SECTION I —CONSULTANT' S SERVICES AND RESPONSIBILITIES
A. Scope of Services. CONSULTANT agrees to perform various Project services as detailed in Exhibit 2, Scope of Services, attached hereto and incorporated herein by
reference.
B. Changes to Scope of Services /Additional Services. Upon mutual agreement of the parties hereto pursuant to Section VI, Paragraph G of this Contract, a change to the scope of services detailed in Exhibit 2, attached hereto, may be authorized. In the event that such a change to the scope of services detailed in Exhibit 2, attached hereto, requires additional services by CONSULTANT, CONSULTANT shall be entitled to additional compensation consistent with Section III of this Contract. CONSULTANT shall give written notice to the CITY of any additional services prior to furnishing such additional services. The CITY may request an estimate of additional cost from CONSULTANT, and upon receipt of the request, CONSULTANT shall furnish such cost estimate in writing, prior to the CITY' s authorization of the changed scope of services.
C. Standard of Care. Services provided by CONSULTANT or its subcontractors and /or sub -consultants under this Contract will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of CONSULTANT's profession or trade.
D. Insurance.
1. CONSULTANT agrees to maintain, at CONSULTANT's expense, statutory
worker' s compensation coverage.
2. CONSULTANT agrees to maintain, at CONSULTANT' s expense, general liability insurance coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT' s general business activities (including automobile use).
i. The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $2, 000,000.
ii. The liability insurance policy shall name the City of Northfield as additional insured.
iii. The liability insurance policy shall provide a minimum aggregate limit of 4, 000, 000.
3. True, accurate and current certificates of insurance, showing evidence of the required insurance coverages, are hereby provided to the CITY by CONSULTANT and are attached hereto as Exhibit 3.
SECTION II —THE CITY' S RESPONSIBILITIES
A. The CITY shall promptly compensate CONSULTANT as services are performed to the satisfaction of the City Administrator, in accordance with Section III of this Contract.
B. The CITY shall provide access to any and all previously acquired information relevant to the scope of services detailed in Exhibit 2, attached hereto, in its custody to CONSULTANT for its use, at CONSULTANT' s request.
C. Tim Madigan, City Administrator, shall serve as the liaison person to act as the CITY's representative with respect to services to be rendered under this Contract. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CITY' s policies with respect to the Project and CONSULTANT' s services.
Such person shall be the primary contact person between the CITY and CONSULTANT with respect to the services from CONSULTANT under this Contract. The CITY reserves the right to substitute the authorized contact person at any time and shall notify CONSULTANT thereof.
SECTION III —CONSIDERATION
A. Fees. The CITY will compensate CONSULTANT as detailed in Exhibit 4, Schedule of Fees, which is attached hereto and incorporated herein by reference, for CONSULTANT' s performance of services under this Contract.
B. If the CITY fails to make any payment due CONSULTANT for services performed to the satisfaction of the CITY ADMINISTRATOR as detailed in Exhibit 4, CONSULTANT, without waiving any claim or right against the CITY and without incurring liability whatsoever to the CITY, may suspend services due under this Contract until CONSULTANT has been paid in full all amounts due for services, expenses and charges.
SECTION IV —TERM AND TERMINATION
A. Term. This Contract shall be in effect until such time as the Project is completed, but in no event later than December 31, 2016. This Agreement is subject to annual review and approval by the parties. Any party to this Agreement may also terminate this Agreement upon sixty (60) days written notice to the other parties hereto. This Agreement may additionally be terminated by any of the parties hereto in the event of the loss of continued external grant funding needed to support the services provided through the Program. In the event of early termination as provided herein, remaining funds as provided by the City for the Program shall be returned by the Fiscal Agent to the City.
B. Default. If CONSULTANT fails to perform any of the provisions of this Contract or so fails to administer the services detailed in Exhibit 2, attached hereto, in such a manner as to endanger the performance of the Contract, this shall constitute default. Unless CONSULTANT' s default is excused by the CITY, the CITY may, upon written notice, immediately cancel this Contract or exercise any other rights or remedies available to the CITY under this Contract or law. In the event of CONSULTANT' s default, CONSULTANT shall be liable to CITY for any and all costs, disbursements, attorney and consultant fees reasonably incurred by CITY in enforcing this Contract.
C. Suspension of Work. If any work performed by CONSULTANT is abandoned or suspended in whole or in part by the CITY, CONSULTANT shall be paid for any services performed to the satisfaction of the City Administrator prior to CONSULTANT' s receipt of written notice from the CITY of such abandonment or suspension, but in no event shall the total of CITY' s payments to CONSULTANT under this Contract be required to exceed a percentage of the total contract price (calculated by either the Contract price or the maximum price set forth in Exhibit 4, attached hereto) equivalent to the percentage of the scope of services completed by CONSULTANT to the satisfaction of the City Administrator as determined by the CITY.
D. Termination for the City' s convenience. The City reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the CONSULTANT shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the CONSULTANT shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the CONSULTANT can demonstrate to the satisfaction of the City, have resulted from the termination. The CONTRACTOR shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
SECTION V —INDEMNIFICATION
A. CONSULTANT shall indemnify, protect, save, hold harmless and insure the CITY, and its respective officers, directors, employees and members and agents, from and against any and all claims and demands for, or litigation with respect to, all damages which may arise out of or be caused by CONSULTANT or its agents, employees, contractors, subcontractors, or sub -consultants with respect to CONSULTANT' s performance of its obligations under this Contract. CONSULTANT shall defend the CITY against the foregoing, or litigation in connection with the foregoing, at CONSULTANT' s expense, with counsel reasonably acceptable to the CITY. The CITY, at its expense, shall have the right to participate in the defense of any Claims or litigation and shall have the right to approve any settlement, which approval shall not be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or other losses proximately caused by the negligence or willful misconduct of the CITY. All indemnification obligations shall survive termination, expiration or cancellation of this Contract.
B. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against the CITY or CONSULTANT. CONSULTANT's services under this Contract are being performed solely for the CITY's benefit, and no other entity shall have any claim against CONSULTANT because of this Contract or the performance or nonperformance of services provided hereunder.
SECTION VI —GENERAL TERMS
A. Voluntary and Knowing Action. The PARTIES, by executing this Contract, state that they have carefully read this Contract and understand fully the contents thereof; that in executing this Contract they voluntarily accept all terms described in this Contract without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby. B. Authorized Signatories. The PARTIES each represent and warrant to the other that ( 1) the persons signing this Contract are authorized signatories for the entities represented, and ( 2) no further approvals, actions or ratifications are needed for the full enforceability of this Contract against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty.
C. Notices. The PARTIES' representatives for notification for all purposes are:
THE CITY: Tim Madigan City Administrator 801 Washington Street Northfield, MN 55057 Phone: ( 507) 645 -3009 Email: tim.madi an kci.northfield.mn.us
CONSULTANT: Zach Pruitt Executive Director for fiscal agent 1651 Jefferson Parkway Northfield MN 55057 Phone: 507- 664 -3524 Email: zpruittncarleton.edu
D. Independent Contractor Status. CONSULTANT, at all times and for all purposes hereunder, shall be an independent contractor and is not an employee of the CITY for any purpose. No statement contained in this Contract shall be construed so as to find CONSULTANT to be an employee of the CITY, and CONSULTANT shall not be entitled to any of the rights, privileges, or benefits of employees of the CITY, including but not limited to, workers' compensation, health/ death benefits, and indemnification for third -party personal injury /property damage claims.
CONSULTANT acknowledges that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due CONSULTANT, and that it is CONSULTANT' s sole obligation to comply with the applicable provisions of all Federal and State tax laws.
CONSULTANT shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein.
CONSULTANT is responsible for hiring sufficient workers to perform the services /duties required by this Contract, withholding their taxes and paying all other employment tax obligations on their behalf.
0 E. Subcontracting. CONSULTANT shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the CITY. CONSULTANT shall be responsible for the performance of all subcontractors
and /or sub -consultants.
F. Assignment. This Contract may not be assigned by either Party without the written consent of the other Party.
G. Modifications /Amendment. Any alterations, variations, modifications, amendments or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representative of the CITY and CONSULTANT.
H. Records —Availability and Retention. Pursuant to Minn. Stat. § 16C. 05, subd. 5, CONSULTANT agrees that the CITY, the CITY' s Economic Development Authority, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONSULTANT and involve transactions relating to this Contract.
CONSULTANT agrees to maintain these records for a period of six years from the date of termination of this Contract.
I. Force Majeure. The PARTIES shall each be excused from performance under this Contract while and to the extent that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, war, total or partial failure of transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, and any act of government or military authority. In the event either party is rendered unable wholly or in part by force majeure to carry out its obligations under this Contract then the party affected by force majeure shall give written notice with explanation to the other party immediately.
J. Compliance with Laws. CONSULTANT shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Contract or to the facilities, programs and staff for which CONSULTANT is responsible.
K. Covenant Against Contingent Fee. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Contract.
L. Covenant Against Vendor Interest. CONSULTANT warrants that it is not employed by any vendor of equipment or service provider that could result in a commission, percentage, brokerage, or contingent fee as a result of CONSULTANT' s association with the CITY.
M. Non -Discrimination. The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Contract as if fully set forth herein.
N. Interest by EDA or City Officials. No elected official, officer, or employee of the CITY or its Economic Development Authority shall during his or her tenure or employment and for one year thereafter, have any interest, direct or indirect, in this Contract or the proceeds thereof.
O. Work Product. All materials such as reports, exhibits, models, graphics, computer files, maps, charts, and supporting documentation produced under work authorized by this Contract ( "Materials ") shall become the property of CITY upon completion of the work. CITY may use the information for the Project for which they were prepared. Such use by CITY shall not relieve any liability on the part of CONSULTANT. Notwithstanding any of the foregoing to the contrary; ( a) CONSULTANT may reuse standard details of its Materials in the normal course of its business; and (b) CITY understands that the Materials have been prepared for a specific project, and are not intended to be reused for other purposes. If CITY reuses the Materials for any other purpose, CITY waives any claims against CONSULTANT arising from such reuse and agrees to defend and indemnify CONSULTANT from any claims arising from such reuse.
P. Governing Law. This Contract shall be deemed to have been made and accepted in Rice County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Contract without regard to its choice of law or conflict of laws principles.
Q. Data Practices. The PARTIES acknowledge that this Contract is subject to the requirements of Minnesota' s Government Data Practices Act, Minnesota Statutes, Section 13. 01 et seq.
R. No Waiver. Any Party' s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party' s right to assert or rely upon the terms and conditions of this Contract. Any express waiver of a term of this Contract shall not be binding and effective unless made in writing and properly executed by the waiving Party.
S. Patented Devices, Materials and Processes. If this Contract requires, or the CONSULTANT desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, CONSULTANT shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with CITY. If no such agreement is made or filed as noted, CONSULTANT shall indemnify and hold harmless CITY from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend CITY for any costs, liability, expenses and attorney's fees that result from any such infringement.
T. Mechanic' s Liens. CONSULTANT hereby covenants and agrees that CONSULTANT will not permit or allow any mechanic' s or materialman' s liens to be placed on the City' s interest in any Property that is the subject of the Project during the term hereof. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on CITY' s interest, CONSULTANT shall take all steps necessary to see that it is removed within thirty (30) days of its being filed; provided, however, that CONSULTANT may contest any such lien provided CONSULTANT first posts a surety bond, in favor of and insuring CITY, in an amount equal to 125% of the amount of any such lien.
U. Severability. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Contract to the extent of its invalidity or unenforceability, and this Contract shall be construed and enforced as if the Contract did not contain that particular provision to the extent of its invalidity or unenforceability.
V. Entire Contract. These terms and conditions constitute the entire Contract between the PARTIES regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Contract.
W. Headings and Captions. Headings and captions contained in this Contract are for convenience only and are not intended to alter any of the provisions of this Contract and shall not be used for the interpretation ofthe validity of the Contract or any provision hereof.
X. Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any Party or PARTIES, and any undischarged obligations of the CITY and CONSULTANT arising prior to the expiration of this Contract (whether by completion or earlier termination), shall survive such expiration.
Y. Execution. This Contract may be executed simultaneously in two or more counterparts that, when taken together, shall be deemed an original and constitute one and the same document. The signature of any Party to the counterpart shall be deemed a signature to the Contract, and may be appended to, any other counterpart. Facsimile and email transmissions of executed signature pages shall be deemed as originals and sufficient to bind the executing Party.
Remainder ofpage intentionally left blank. SECTION VII —SIGNATURES
IN WITNESS WHEREOF, the PARTIES have hereunto executed this document the day and year first above written.
CONSULTANT: GROWING UP HEALTHY
By: A" ( f-10" Date: (, ( 511 q Signat ) Title: n affkiLl Cocya' Print Name:
C Date: 1 1 1 5 1 1
Title ACS bivCi Prin
FISCAL AGENT: NORTHFIELD HEALTHY COMMUNITY INITIATIVE
Date: + / s—//I CJ
By: /` T/( 4 Date: l nature) Title: L' i Si_ ° C Lei o Print Name:
CITY OF NORTHFIELD:
I ( . Date: fhq Its Mayor
By: luw,"PA Date: ' / a,I I I `I Deb Little, Its City Clerk 0 EXHIBIT 1
LIST OF ENTITIES AND ORGANIZATIONS COMPRISING CONSULTANT
Cannon River STEM School Child Care Resource and Referral, Inc. Community Action Center of Northfield Faribault McKinley Early Childhood Center Faribault Public Schools Community Education HealthFinders Collaborative HOPE Center Northfield Area United Way Northfield Early Childhood Initiative Coalition Northfield Healthy Community Initiative Northfield Public Schools Community Services Rice County Family Services Collaborative Rice County Public Health Rice County Social Services Rice County Statewide Health Improvement Program (SHIP) So How are the Children ( SHAG) Three Rivers Community Action, Inc. United Way of Faribault 0 EXHIBIT 2 SCOPE OF SERVICES
Subject to the terms of this Contract, CONSULTANT shall perform the following services as its contractual obligation to the CITY:
1. The CONSULTANT' s program and services will be self -sufficient with regard to funding for programming and its operations. 2. CONSULTANT will be responsible for providing programming and services to address the needs of new residents in Northfield. 3. CONSULTANT through the Fiscal Agent will maintain a financial accounting system. 4. CONSULTANT shall submit an annual operating budget to the City by June 30 for the upcoming fiscal year. 5. CONSULTANT shall be solely responsible for the security of its office space at NCRC for the Program, including inventory and for any loss, damage or destruction thereof. 6. CONSULTANT shall provide the following services: a. Operate the Northfield LINK Center a minimum average of 25 hours per week throughout the year. Train LINK Center staff and volunteers to be able to connect Northfield community members ( particularly newcomers to the community) with available local resources and opportunities. b. Coordinate weekly Face -to -Face hours, publicizing and providing a place for City representatives and CONSULTANT partners to meet with Northfield community members. c. Publicize the availability of the Northfield LINK Center within the Northfield community, focusing particularly on newcomers to the community and marginalized community members. d. Produce and distribute a monthly Northfield LINK Center newsletter in English and Spanish, listing upcoming events and opportunities. e. Track data on the use of the Northfield LINK Center, including number of visits to the Northfield LINK Center, the general nature of the visits, service hours, and
partnerships. f. Produce an annual report, highlighting Northfield LINK Center usage data; release the report by April 15 each year.
0 EXHIBIT 3
CERTIFICATES OF REQUIRED INSURANCE COVERAGES
Certificates ofInsurance attached hereto]
r EXHIBIT 4
COMPENSATION
Subject to the limitations set forth in this Exhibit, the CITY will pay CONSULTANT a flat fee of $22, 100 /year ( "Contract price ") for CONSULTANT' s services, including expenses, under this Contract.
The CITY will make periodic payment to CONSULTANT, in the following manner:
1. Payable in equal installments on February 1, July 1, and October 1 2. The City will provide office space at the Northfield Community Resource Center NCRC) totaling approximately 200 square feet in order for the CONSULTANT to provide services to the City as part of the Project. a. CONSULTANT accepts such premises in an " as is" condition, except that any improvements desired by CONSULTANT for the Program shall be presented to and approved by the City prior to implementation. b. The City, its employees, and its agents shall have the right to enter the premises at NCRC used by CONSULTANT for the Program at all reasonable times for the purpose of inspecting, cleaning, repairing, altering, or improving the premises. 3. There shall be no other payments to the CONSULTANT for services provided to the City in accordance with this Agreement.
The CITY' s responsibility to make the payments described above shall be contingent upon CONSULTANT first demonstrating, to the CITY' s satisfaction, progress in 1. Accomplishing its responsibilities listed in Exhibit 2, and 2. Providing written and verbal reports on such progress to the CITY, in a form satisfactory to the CITY, prior to the disbursements outlined above.
40 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-209, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Mary Grant, Accountant
Subject: Disbursements
Action Requested: The Northfield City Council approves disbursements totaling $357,224.77.
Summary Report:
Disbursement Description Date Amount 11/07/14 A/P Ck’s EFT’s 11/07/14 357,224.77 Total $357,224.77
Public Safety Center portion of A/P is $132,075.34.
Alternative Options: N/A
Financial Impacts: They are within the limitations of the approved budget and resources available.
Tentative Timelines: N/A
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL FUND DANCO AUTO GROUP, INC. D4, MAT, SPRAY IN BED LINE 10.33- ELAN CORPORATE OCT 2014 ELAN PURCHASES 7,817.58 NFLD CONVENTION AND VISITORS BUREAU LESS 5% ADMIN FEE 3.98- LESS 5% ADMIN FEE 3.62- LESS 5% ADMIN FEE 6.08- LESS 5% ADMIN FEE 0.08- NAPA AUTO PARTS D5, LIC LGT 0.68- HIAWATHALAND TRANSIT OCT 2014 PUNCH PASS 125.00 OCT 2014 DIAL A RIDE TOKEN 311.50_ TOTAL: 8,229.31
Administration GENERAL FUND CITY OF NORTHFIELD LODGING-8/24-8/28 HAGGENMI 441.52 APG MEDIA OF SOUTHERN MINNESOTA LLC ONE YEAR SUBSCRIPTION-ADMI 85.80 ON TARGET A & M, INC. PROCESSING FEE 32.00_ TOTAL: 559.32
City Clerk GENERAL FUND SCHWAAB, INC. CITY LOGO STAMP 45.75_ TOTAL: 45.75
Finance GENERAL FUND CITY OF NORTHFIELD 9/26 GFOA LUNCH-MS, MG 14.36_ TOTAL: 14.36
Human Resources GENERAL FUND MADDEN GALANTER HANSEN, LLP SEPT 2014 LABOR RELATIONS 768.00 VERIFICATIONS, INC. PRE EMPL BACKGROUND CHECK 79.40 MNJIS - CRIMINAL HISTORY ACCESS PRE EMPL BACKGR ACCOUNT 125.00_ TOTAL: 972.40
City Hall Operations GENERAL FUND CINTAS CORPORATION #754 RUGS 264.02 MENARD'S -DUNDAS POWER GRAB FOR CITY HALL 6.97 CAP NUT 0.89 PVC CAP 4.09 NFLD MACHINERY BUILDERS, INC. BOOM TRUCK RENTAL 100.00 ST OLAF TELCO TELEPHONE & COMMUNICATIONS 651.32 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USAGE HR 100.69 OCT RENTAL/SEPT USAGE FIN 186.84 OCT RENTAL/SEPT USAGE E554 392.80 OCT RENTAL/SEPT USE E3540 250.52 OCT RENTAL/SEPT USE FIN 96.17 OCT RENTAL/SEPT USE ADMIN 98.29 BERRY COFFEE COMPANY CITY HALL COFFEE SUPPLIES 96.65 JAGUAR COMMUNICATIONS CITY HALL INTERNET 511.50 CITY HALL INTERNET 766.67_ TOTAL: 3,527.42
Police Administration GENERAL FUND BY ALL MEANS BROCHURES - OPEN HOUSE 198.50 CITY OF NORTHFIELD OPEN HOUSE MEAL RESERVES 66.73 CHIEF'S WHITEBOARD 746.51 BATTERIES 139.32 NAME TAGS - ADMIN (4) 46.45 OFFICE SUPPLIES 132.53 OFFICE SUPPLIES 99.52 EASY BOARD DISPLAYS 40.00 BEVERAGE DISPENSER OPEN HO 50.38 OPEN HOUSE MISC 43.30 OPEN HOUSE MISC 40.91 OFFICE SUPPLIES 32.37 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
OFFICE SUPPLIES 51.54 CANNON VALLEY WATER DRINKING WATER 32.50 CUB FOODS MISCELLANEOUS- OPEN HOUSE 44.01 MORE COOKIES - OPEN HOUSE 20.94 COOKIES FOR OPEN HOUSE 77.87 CHARTER COMMUNICATIONS CABLE SERVICE 13.57 FASTENAL COMPANY EPOXY 16.76 EPOXY GUN 23.63 GRAPHIC MAILBOX POSTAGE TO BCA 12.50 HILLYARD / HUTCHINSON 6 SQUEEGEES - GARAGE CLEAN 242.92 MENARD'S -DUNDAS DOOR STOPS, POLICE STATION 4.95 BRAD NAIL DRILL BIT 4.99 ST OLAF TELCO TELEPHONE & COMMUNICATIONS 969.98 SAFETY SIGNS TRAFFIC CONTROL DJJD 2014 3,136.70 VALLEY AUTOHAUS INC LOF & MOUNT TIRES SQUAD #9 42.40 LOF - SQ# 6 20.40 REPLACED TURN SIGNAL BULBS 68.19 ZEP SALES & SERVICE AIR FRESHNER DISPENSER 224.08 KEEPRS, INC. RESERVES UNIFORM SHIRT/FLA 69.38 RESERVES UNIFORM SHIRTS 250.12 RESERVES NAME TAGS 83.93 NAME TAG - RESERVES 11.99 TACTICAL SOLUTIONS RADAR & LASER CERTIFICATIO 389.00 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USAGE POL 249.35 OCT RENTAL/SEPT USE POL EV 189.83 OCT RENTAL/SEPT USE POL HP 75.10 OCT RENTAL/SEPT USE POL HP 0.01 VERIZON WIRELESS CELLS 1,737.35 STADSVOLDS LAWN & LANDSCAPE MGT INC WINTERIZE SPRINKLERS 88.00 BERRY COFFEE COMPANY COFFEE 70.50 MISCELLANEOUS V ROY J SIMON ROY J SIMON:IMPOUND OVERPA 37.32_ TOTAL: 9,896.33
Police Patrol GENERAL FUND CITY OF NORTHFIELD KNEEPADS - ABRAHAMSON 45.58 MENARD'S -DUNDAS SHOE POLISH 14.97 BOOT POLISH 13.47 NITA SWEDIN REPAIRS TO UNIFORMS 45.00 KEEPRS, INC. FLEECE JACKET - CSO MONTER 121.00 UNIFORM PANTS - BAILEY 127.98 SHIRT EMBROIDERY - JOHNSON 8.29 INNER BELT, MAG POUCH -WIE 89.57 INNER BELT - FELDHAKE 18.69_ TOTAL: 484.55
Police Investigations GENERAL FUND KEEPRS, INC. MAGAZINE POUCH - BORCHARDT 44.89 MN SOUTH CENTRAL INVESTIGATORS COALITI 2015 WNTR CONF - HAIDER 75.00_ TOTAL: 119.89
Engineering GENERAL FUND CITY OF NORTHFIELD BATTERY BACKUPS, LAPTOP BA 807.52 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USAGE ENG 159.00 OCT RENTAL/SEPT USE ENG HP 6.69 OCT RENTAL/SEPT USE PLOTTE 349.45_ TOTAL: 1,322.66
Streets GENERAL FUND EARL F. ANDERSEN, INC DIRCTIONAL ARROW SIGNS 264.92 ARROW ACE HARDWARE LUBE ANTI-SEIZE 9.99 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PRESSURE WASHER COUPLE HOS 5.59 COMMERCIAL ASPHALT COMPANY DURA DRIVE HOTMIX 215.86 CINTAS CORPORATION #754 RUGS 108.75 CINTAS FIRST AID & SAFETY #LOC431 FIRST AID SUPPLIES 37.15 DANCO AUTO GROUP, INC. D4, MAT, SPRAY IN BED LINE 150.33 KNECHT'S NURSERIES & LANDSCAPING TH3 N PLANTING PROJECT 10,831.00 MENARD'S -DUNDAS MAILBOX REPAIR 18.99 PAINT & SUPPLIES 91.82 PAINT & SUPPLIES 91.82 MN FALL MAINTENANCE EXPO MAINTENANCE EXPO - STILLWA 100.00 NAPA AUTO PARTS D5, LIC LGT 9.83 M4, ROCKER SWITCH 9.81 STEVE PETRICKA FOOD EXPENSE 9.83 SAFETY SIGNS BARRICADES - 4TH ST BRIDGE 4,457.80 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USE STREET 75.05 I-STATE TRUCK CENTER KIT FILTER, FREIGHT 58.79 DERO BIKE RACK CO. BIKE AIR PUMPS 1,337.57 OTTE EXCAVATING, INC GARRET AVE W DITCHES, ROCK 2,750.00 GARRETT AVE E SIDE DITCHES 750.00 NORTH AMERICAN SAFETY INC SAFETY JACKETS 691.00_ TOTAL: 22,075.90
Street Lighting GENERAL FUND GUTH ELECTRIC, INC STREET LIGHT REPAIRS 5,729.00 NF STREET LIGHTS 7,616.00_ TOTAL: 13,345.00
Ice Arena GENERAL FUND GUTH ELECTRIC, INC LOCKER ROOM SWITCH, BULBS 538.00 MORTENSON FIRE & SAFETY, INC SERVICE FIRE EXTINGUISHERS 71.40 METRO JANITORIAL SUPPLY INC BUCKETS, MOPS, ICEMELT 233.88_ TOTAL: 843.28
General Parks GENERAL FUND MENARD'S -DUNDAS GARBAGE BAGS, WAY PARK REP 119.72 ODDFELLOWS PARK 9.24 MN AG GROUP, INC. COUPLER 10.50 RENT 'N' SAVE PORTABLE SERVICES SEPT PORTABLE TOILET RENTA 206.00 SEPT PORTABLE TOILET RENTA 309.00_ TOTAL: 654.46
Athletic Facilities GENERAL FUND RENT 'N' SAVE PORTABLE SERVICES SEPT PORTABLE TOILET RENTA 889.50_ TOTAL: 889.50
Outdoor Pool GENERAL FUND AQUA LOGIC INC. WINTERIZE POOLS 475.00_ TOTAL: 475.00
Library GENERAL FUND BAKER & TAYLOR NON-FICTION 267.57 FICTION 114.44 SHIPPING 4.30 NON-FICTION 58.54 FICTION 122.16 SHIPPING 2.20 JUV MATERIALS 3.98 SHIPPING 0.04 NON-FICTION 197.26 FICTION 73.83 SHIPPING 3.27 SHIPPING 0.16 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
CANNON VALLEY WATER SUPPLIES (BOTTLED WATER) 19.50 RECORDED BOOKS, INC. BCD 6.95 RANDOM HOUSE, INC BCD 245.00 TUMBLEWEED PRESS INC. ONLINE DATABASES 1,148.50 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USAGE LIBR 248.92 MIDWEST TAPE JUV MEDIA 24.99 BCD 74.97 SHIPPING 5.00 BCD 79.98 SHIPPIING 4.00 CHILDREN'S PLUS, INC. JUV MATERIALS 204.35_ TOTAL: 2,909.91
Other Financing Uses GENERAL FUND NFLD CONVENTION AND VISITORS BUREAU LODGING TAX-AUG'14 79.59 LODGING TAX-SEP'14 72.31 LODGING TAX-JUL'14 121.56 LODGING TAX-MAY'14 1.69 MISCELLANEOUS V USPS USPS : RIGHTS APPLICATION 25.00_ TOTAL: 300.15
Motor Vehicle MOTOR VEHICLE FUND TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USAGE DMV 108.01_ TOTAL: 108.01
Communication COMMUNICATION FUND COREY BUTLER 2014 WINTER PARKING VIDEO 112.50_ TOTAL: 112.50
Other Financing Uses LIBRARY GIFT FUND BAKER & TAYLOR GIFT-GENERAL (SF) 9.60 GALE/CENGAGE LEARNING GIFT-MATERIALS (LP) 57.58 GIFT-MATERIALS (LP) 48.73_ TOTAL: 115.91
Other Financing Uses G.W. BUNDAY FUND BAKER & TAYLOR GIFT-BUNDAY (MY) 37.98 GIFT-BUNDAY (MY) 30.69 GIFT-BUNDAY (SPANISH MATER 8.53 GIFT-BUNDAY (MY) 48.01 GIFT-BUNDAY (SPANISH MATER 7.77 GIFT-BUNDAY (FIC) 16.47_ TOTAL: 149.45
Other Financing Uses MUNICIPAL TIF DIST MISCELLANEOUS V ASBESTROL ASBESTROL:DISPOSE ASBESTOS 2,450.00_ TOTAL: 2,450.00
EDA General Operating ECONOMIC DEVELOPME RICE COUNTY AUDITOR/TREASURER 219 WATER ST - TAX LATE FE 35.28_ TOTAL: 35.28
HRA Rental Projects HOUSING AND REDEVE BRIAN MALECHA CONSTRUCTION, INC VINYL FENCE 2,859.88 D & S CEMENT CO., INC. STEPS/REPAIR CONCRETE 3,645.00_ TOTAL: 6,504.88
Capital Projects 2014 CAPITAL PROJE WSB & ASSOCIATES, INC. SEPT TESTING SERV - 6TH ST 2,110.00 SEPT TEST SERV - 2014 RECL 226.00 SEPT TEST SERV - RIVERVIEW 2,746.00_ TOTAL: 5,082.00
Capital Projects 2015 CAPITAL PROJE SHORT ELLIOT HENDRICKSON, INC SERV THRU 9/30 - 2ND ST 4,026.45 SERV THRU 9/30 - IND PK RD 93.80 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 5
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
SERV THRU 9/30 - CANNON RD 407.79 SERV THRU 9/30 - TH3 & 3RD 4,869.81_ TOTAL: 9,397.85
Capital Projects TRANSPORTATION FUN WSB & ASSOCIATES, INC. AUG SERV - WOODLY MIT 1,501.00 SEPT SERV - WOODLY MIT 243.00_ TOTAL: 1,744.00
Parks PARK FUND MEEKS APPRAISAL & CONSULTING APPRAISAL-T LACANNE PROP 2,500.00_ TOTAL: 2,500.00
Capital Projects PUBLIC SAFETY CNTR MET-CON CONSTRUCTION, INC POLICE BUILDING - AUGUST 2 121,571.34 ROOF DRAINS 1,000.00 WHITEWATER WIRELESS, INC INSTALL SIREN, 800MHZ, RAD 6,422.37 INSTALL AUDIO, PATROL, SPE 1,483.27 INSTALL HD VHF/UHF ANTENNA 1,598.36_ TOTAL: 132,075.34
CAPITAL PROJECTS TIGER GRANT CAP PR WSB & ASSOCIATES, INC. AUG SERV - TIGER TRAIL 6,264.41 SEPT SERV - TIGER TR 1,480.20_ TOTAL: 7,744.61
Water WATER FUND AMERICAN PAYMENT CENTERS DROP BOX SCV NOV,DEC'14, J 102.00 DEPUTY REGISTRAR 00 CHEV RENEWAL - 274LVN 52.00 DPC INDUSTRIES, INC. CHLORINE 571.70 CHEMICALS 1,668.27 FRANEK ELECTRIC, INC. LOCATE - MONTESSORI 85.00 LOCATE - VILLAGE ON CANNON 85.00 MENARD'S -DUNDAS SILICONE TAPE 5.96 NAPA AUTO PARTS PUMP AND FITTINGS 84.59 ON TARGET A & M, INC. UTILITY BILLS -4659 143.58 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USE WATER 102.40 FRONTIER PRECISION, INC GPS ANTENNA HARDWARE 175.18_ TOTAL: 3,075.68
Wastewater WASTEWATER FUND AMERICAN PAYMENT CENTERS DROP BOX SCV NOV,DEC'14, J 102.00 CANNON VALLEY WATER SEPT WATER 13.00 OCT WATER 13.00 OCT WATER 6.50 CARQUEST AUTO PARTS OF NORTHFIELD BELT/CHAIN 69.48 CHEMISOLV CORP FLOCCULENT 3,289.00 CINTAS FIRST AID & SAFETY #LOC431 OCT REFILL 75.77 FIRST SYSTEMS TECHNOLOGY FLOW METER VERIFICATION 437.50 FASTENAL COMPANY FASTENERS 18.75 INTELLISYS, INC 2015 SOFTWARE SUPPORT 1,350.00 MENARD'S -DUNDAS WELDABLE ANGLE 21.17 WELDABLE ANGLE 55.20 CLEANING SUPPLIES 54.54 MN DEPT OF LABOR & INDUSTRY PRESSURE VESSELS 80.00 ON TARGET A & M, INC. UTILITY BILLS -4659 143.58 ST OLAF TELCO TELEPHONE & COMMUNICATIONS 30.00 VESSCO, INC O RINGS/CLAMP/SEATS 1,135.08 VANTON PUMP & EQUIPMENT CORP. SG PUMP ASSY 9,089.84 ELECTRIC PUMP PUMP REPAIRS 372.70 NOISE FILTER 600.00 HIMEC MECHANICAL-SERVICE DIVISION REPLACE FLAME ROD ASSEMBLY 194.50 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 6
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
LIFT STATION REPAIRS 340.00 FRONTIER PRECISION, INC GPS ANTENNA HARDWARE 175.17 DUNCAN CO. KIT 6" SEAT/SPRING 150.65 SERVOCAL INSTRUMENTS INC 55 GALLON DRUM 768.64_ TOTAL: 18,586.07
Garbage GARBAGE FUND ON TARGET A & M, INC. UTILITY BILLS -4659 47.86 RENT 'N' SAVE PORTABLE SERVICES SEPT PORTABLE TOILET RENTA 51.50_ TOTAL: 99.36
Storm Water Drainage STORM WATER DRAINA BARR ENGINEERING SEPT SERV - RIVER WALL REP 2,777.45 ON TARGET A & M, INC. UTILITY BILLS -4659 47.86 FRONTIER PRECISION, INC GPS ANTENNA HARDWARE 175.18_ TOTAL: 3,000.49
NON-DEPARTMENTAL LIQUOR STORE FUND CITY OF NORTHFIELD SALES TAX 8.26- VAN PAPER COMPANY PAPER PRODUCTS 2.85- PAPER PRODUCTS 20.80- TOTAL: 31.91-
Liquor Store - Purchas LIQUOR STORE FUND BELLBOY CORPORATION LIQUOR PURCHASES 3,256.28 LIQUOR PURCHASES 216.00 FREIGHT 42.02 MISC TAXABLE 25.00 MISC NON-TAXABLE 16.00 FREIGHT 3.20 COLLEGE CITY BEVERAGE, INC. BEER PURCHASES 103.00 BEER CREDIT #151402 60.00- BEER PURCHASES 9,709.84 MISC TAXABLE 42.55 BEER PURCHASES 4,198.65 MISC TAXABLE PURCHASE 135.60 WIRTZ BEV MN WINE & SPIRITS LIQUOR PURCHASES 3,540.68 MISC TAXABLE 73.39 LIQUOR CREDIT #2080061993 123.00- FREIGHT 46.43 LIQUOR PURCHASES 3,364.31 MISC TAXABLE 25.51 LIQUOR CREDIT #2080061999 47.51- FREIGHT 48.22 WINE PURCHASE 216.00 MISC TAXABLE 36.00 WINE CREDIT #2080061989 20.00- FREIGHT 6.60 GRAPE BEGINNINGS WINE PURCHASE 176.00 FREIGHT 4.50 WINE PURCHASE 2,300.00 FREIGHT 51.75 WINE PURCHASE 1,592.00 FREIGHT 31.50 HERMEL WHOLESALE CIGARETTES 314.04 MISC NON TAXABLE 43.60 FREIGHT 3.95 CIGARETTES 398.89 MISC NON TAXABLE 14.43 FREIGHT 3.95 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 7
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
HOHENSTEIN'S INC BEER PURCHASES 714.95 JOHNSON BROTHERS WHOLESALE LIQUOR PURCHASES 4,150.95 FREIGHT 61.57 WINE PURCHASE 1,998.35 FREIGHT 71.29 WINE 267.00 FREIGHT COSTS 4.86 LIQUOR PURCHASES 1,503.00 FREIGHT 26.73 WINE PURCHASE 191.40 FREIGHT 8.10 WINE PURCHASE 604.20 FREIGHT 21.06 WINE PURCHASE 200.00 WINE CREDIT #635864 57.45- FREIGHT 1.62 LIQUOR PURCHASES 5,217.19 FREIGHT 74.27 WINE PURCHASE 1,014.35 FREIGHT 38.88 WINE PURCHASES 20.99 WINE PURCHASE 356.00 FREIGHT 6.48 LIQUOR PURCHASES 442.50 FREIGHT 8.10 WINE PURCHASE 74.50 FREIGHT 1.62 LIQUOR PURCHASES 133.54 FREIGHT 1.62 WINE PURCHASE 583.20 FREIGHT 27.54 WINE PURCHASE 356.00 FREIGHT 6.48 WINE PURCHASE 394.75 FREIGHT 9.72 JJ TAYLOR DIST. OF MN BEER PURCHASES 4,517.35 FREIGHT 3.00 BEER PURCHASES 3,750.04 FREIGHT 3.00 MARGRON-SKOGLUND WINE IMPORTS, INC WINE PURCHASES 705.00 WINE CREDIT #20018082 56.50- FREIGHT 10.50 PAUSTIS & SONS WINE COMPANY WINE PURCHASE 807.36 FREIGHT 13.75 WINE PURCHASE 199.00 FREIGHT 1.25 WINE PURCHASE 2,673.62 MISC TAXABLE 47.00 FREIGHT 47.50 LIQUOR PURCHASES 245.00 FREIGHT 1.25 PHILLIPS WINE AND SPIRITS,INC. WINE PURCHASE 449.60 FREIGHT 16.20 LIQUOR PURCHASES 5,295.01 FREIGHT 94.80 WINE PURCHASE 365.00 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 8
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
FREIGHT 11.34 WINE PURCHASE 117.10 WINE CREDIT #201155 13.10- FREIGHT 3.24 LIQUOR PURCHASES 2,138.60 LIQUOR CREDIT #201030 145.98- FREIGHT 16.88 WINE PURCHASE 213.95 FREIGHT 8.10 WINE MERCHANTS, INC WINE PURCHASE 340.00 FREIGHT 6.48 WINE COMPANY WINE PURCHASE 972.00 WINE CREDIT #37588500 8.00- FREIGHT 18.15 WATERVILLE FOODS AND ICE ICE 61.35 FREIGHT 1.50 WIRTZ BEV MN BEER, INC BEER PURCHASES 2,303.80 BEER CREDIT 30.00- MISC TAXABLE PURCHASE 23.10 BEER PURCHASES 5,360.80 BEER PURCHASES 792.40 MISC TAXABLE PURCHASE 23.10 AMERICAN BOTTLING COMPANY POP/MISC TAXABLE 179.40 SOUTHERN WINE & SPIRITS OF MN, LLC LIQUOR PURCHASES 2,038.98 FREIGHT 15.08 WINE PURCHASE 557.75 FREIGHT 12.15 LIQUOR PURCHASES 842.13 FREIGHT 9.45 WINE PURCHASE 839.75 FREIGHT 23.63 BOURGET IMPORTS WINE PURCHASE 528.00 FREIGHT 13.50 WINE PURCHASE 320.00 FREIGHT 9.00 Z WINES USA LLC WINE PURCHASE 754.00 FREIGHT 15.00 BERNICK'S BEER PURCHASES 480.00 ARTISAN BEER COMPANY BEER PURCHASES 189.00 BEER PURCHASES 50.75 BEER PURCHASES 886.00 BEER PURCHASES 968.55 BEER PURCHASES 235.00_ TOTAL: 88,695.40
Liquor Store - Operati LIQUOR STORE FUND BY ALL MEANS ENTERTAINMENT GUIDE 131.00 CITY OF NORTHFIELD TIGER DIRECT-WALL MOUNTS 120.30 HERMEL WHOLESALE PROMOTIONAL 9.30 MN MUNICIPAL BEVERAGE ASSOC. ALCOHOL AWARENESS TRAINING 200.00 NFLD HEALTHY COMMUNITY INITIATIVE PARENT AND COMMUNITY ED 3,098.66 YOUTH ENGAGEMENT 1,084.17 MOST 1,496.95 COALITIONS AND PARTNERSHIP 351.72 DEX MEDIA EAST, INC. DIRECTORY LISTING 9.87 VAN PAPER COMPANY PAPER PRODUCTS 41.52 PAPER PRODUCTS 317.07 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 9
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PAPER PROD. CREDIT #327769 14.30- MEDIA USA ADVERTISING DIRECTORY LISTING NFLD HOT 495.00 TOSHIBA BUSINESS SOLUTIONS OCT RENTAL/SEPT USE LIQ 98.99_ TOTAL: 7,440.25
Information Technology INFORMATION TECHNO CITY OF NORTHFIELD KEYBOARD, MOUSE, OFFIC ESU 263.06 DOMAIN NAMES 81.67 TAPES FOR BACKUP TAPES 499.99 ST OLAF TELCO TELEPHONE & COMMUNICATIONS 629.69 ST OLAF COLLEGE SPACE RENTAL FEE 200.00_ TOTAL: 1,674.41
======FUND TOTALS ======101 GENERAL FUND 66,665.19 215 MOTOR VEHICLE FUND 108.01 229 COMMUNICATION FUND 112.50 240 LIBRARY GIFT FUND 115.91 241 G.W. BUNDAY FUND 149.45 270 MUNICIPAL TIF DIST 4 2,450.00 290 ECONOMIC DEVELOPMENT AUTH 35.28 295 HOUSING AND REDEVELOPMENT 6,504.88 415 2014 CAPITAL PROJECTS 5,082.00 416 2015 CAPITAL PROJECTS 9,397.85 450 TRANSPORTATION FUND 1,744.00 451 PARK FUND 2,500.00 460 PUBLIC SAFETY CNTR CONST 132,075.34 461 TIGER GRANT CAP PROJ FUND 7,744.61 601 WATER FUND 3,075.68 602 WASTEWATER FUND 18,586.07 603 GARBAGE FUND 99.36 604 STORM WATER DRAINAGE 3,000.49 609 LIQUOR STORE FUND 96,103.74 701 INFORMATION TECHNOLOGY 1,674.41 ------GRAND TOTAL: 357,224.77 ------
TOTAL PAGES: 9 11-12-2014 04:18 PM COUNCIL REPORT - 11/18/14 A/P CKS/EFTs PAGE: 10
SELECTION CRITERIA ------SELECTION OPTIONS
VENDOR SET: 01-NORTHFIELD VENDOR: All CLASSIFICATION: All BANK CODE: All ITEM DATE: 0/00/0000 THRU 99/99/9999 ITEM AMOUNT: 9,999,999.00CR THRU 9,999,999.00 GL POST DATE: 0/00/0000 THRU 99/99/9999 CHECK DATE: 11/03/2014 THRU 11/07/2014 ------PAYROLL SELECTION
PAYROLL EXPENSES: NO CHECK DATE: 0/00/0000 THRU 99/99/9999 ------PRINT OPTIONS
PRINT DATE: None SEQUENCE: By Department DESCRIPTION: Distribution GL ACCTS: NO REPORT TITLE: COUNCIL REPORT - 11/18/14 A/P CKS/EFTs SIGNATURE LINES: 0 ------PACKET OPTIONS
INCLUDE REFUNDS: NO INCLUDE OPEN ITEM:NO ------City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: Res. 2014-130, Version: 1
Date of Meeting: November 18, 2014
To: Mayor and City Council City Administrator
From: Melanie Schlomann, Finance Director
Subject: Certify delinquent bills to property taxes
Action Requested: The Northfield City Council approves the attached resolution that certifies delinquent charges to the 2015 tax bills.
Summary Report: Each year staff determines delinquent utility and other charges as of October 1st. Any balances out for 90 days or more as of October 1st (June 30th balances) constitute the initial list of charges subject to certification to the following year’s tax rolls. In Early October letters (letter template attached) are sent to property owners advising them of the certification process and that payment was required by early November in order for certification to be avoided. Staff also goes through all miscellaneous accounts receivable as of October 1st. Any balances out for 90 days or more are assessed to the property taxes.
The table below summarizes the history of delinquent utility amounts certified to taxes for the last several years.
Certified Year Amount Change from Prior Year 2010 $191,673 2011 $195,956 + 2.2% 2012 $203,598 + 3.9% 2013 $168,126 -17.4% 2014 $150,375 -10.5%
The totals shown above do not include additional fees charged for certification or any delinquent special assessments. The total shown for 2014 is as of November 12th. Finance staff will continue to work with customers up until December 1st. We are required to submit data to the county by December 15th.
Alternative Options: Staff does not recommend any alternative options.
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Financial Impacts: Approving the certifications will bring the Utility bills on the list current to June 30th 2014.
Tentative Timelines: The resolution for delinquent accounts needs to be passed before December so we can compile the list to send to the county for certification.
City of Northfield Page 2 of 2 Printed on 11/13/2014 powered by Legistar™ CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION #2014 -130
CERTIFYING DELINQUENT CHARGES TO TAXES PAYABLE 2015
WHEREAS, pursuant to the proper notice duly given as required by law, the City Council of the City of Northfield, Minnesota, met on the 18th day of November, 2014, for the purpose of considering assessing costs incurred by the City against the real estate benefited pursuant to Northfield City Charter and Minnesota Statutes, sections 366.012, 415.01, 429.101, 444.075 and 514.67. The unpaid charges relate to one or more of the following: improvements for sewer, water, storm sewer, curb, gutter and surfacing; delinquent charges in the water, sewer, storm drainage, and garbage funds; delinquent lodging taxes; and delinquent charges for removal of rubbish, junk, debris, weeds or snow/ice, and other miscellaneous unpaid charges pursuant to applicable law; and
WHEREAS, a public hearing was held pursuant to said notice as part of the above-referenced City Council meeting and the City Council heard and passed upon all objections to the proposed delinquent special assessment charges; and
WHEREAS, the assessment roll and other matters brought before the City Council were duly considered.
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND CITY COUNCIL THAT:
1. The assessment roll, a copy of which is attached hereto and made a part hereof, is hereby accepted and adopted shall constitute a special assessment against the lands described, and each tract of land is hereby found to be benefited in the amount of the assessment levied against it and such amount is found to be reasonable under the City’s regulatory authority.
2. Each assessment shall be payable in one single installment bearing interest at the rate of ten percent per annum after the date of the adoption of this assessment resolution.
3. The owner of the property assessed may, at any time prior to certification to the County Auditor, pay the assessment, with interest accrued to the date of payment to the City Clerk, except that no interest shall be charged if the assessment is paid within thirty days from the adoption of this resolution.
4. The Finance Director shall forthwith transmit a certified copy of said assessment roll to the County of the county and such assessments shall be collected and paid in the same manner as property taxes, if not paid prior to the time for certification.
PASSED by the City Council of the City of Northfield on this 18th day of November 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL 2014 Delinquent Utilities to be Certified to the County Property Taxes Rice County PID Total Certify to County 2206126018 $824.10 2206126036 $1,119.40 2206126001 $924.10 2206200027 $638.91 2206225055 $757.52 2201100017 $692.09 2201100015 $830.89 2206225091 $486.39 2206225033 $383.52 2206225013 $516.89 2206326032 $1,023.61 2205325006 $430.55 2205251016 $6,564.73 2205203045 $1,032.00 2201175014 $931.25 2201175032 $1,303.96 2201151010 $335.96 2201175045 $779.42 2201151019 $269.78 2201151020 $888.20 2201151027 $922.98 2201401002 $1,404.81 2201175055 $1,879.27 2201175036 $450.80 2201175021 $38.08 2201175019 $887.01 2201175068 $758.22 2201175067 $370.38 2201402003 $1,136.61 2201400008 $853.04 2201400015 $404.97 2201404012 $1,140.88 2201403030 $1,316.73 2201403026 $764.02 2201403025 $113.21 2206326033 $580.97 2201400001 $1,065.04 2201400039 $1,078.39 2206250052 $760.11 2206326021 $3.16 2206326056 $702.48 2206326053 $1,444.84 2206326060 $1,107.00 2206276052 $627.92 2206276053 $681.71 2206276063 $1,131.38 2206278008 $403.05 2206276043 $643.30 2206250031 $690.25 2206250011 $1,211.66 2206225117 $1,113.28 2206225113 $81.79 2206200096 $421.16 2206126029 $153.76 2206200067 $68.74 2206225068 $324.58 2206151016 $1,385.32 2206151017 $908.50 2206151007 $658.92 2206277001 $493.05 2206278013 $731.23 2206302002 $1,318.00 2206332003 $909.93 2206332009 $18.74 2206302013 $844.17 2206426055 $736.13 2206426144 $1,198.71 2206426176 $1,068.18 2206452008 $38.06 2206426225 $747.55 2206426126 $1,211.31 2206426029 $877.31 2206426039 $927.92 2206352002 $1,549.60 2206352009 $971.85 2206352032 $751.67 2206352021 $530.79 2207126009 $44.78 2207128014 $1.68 2207128017 $1,115.18 2207151039 $173.81 2207151006 $1,575.51 2212201033 $79.02 2212201024 $1,126.64 2212202004 $226.95 2212201148 $1,085.82 2212201165 $1,261.27 2212201178 $277.34 2212201198 $1,217.66 2212201117 $1,675.83 2212201139 $1,006.57 2212201136 $1,365.53 2212201240 $1,171.18 2212201246 $1,251.60 2201378056 $829.11 2201378048 $1,029.05 2201378020 $736.67 2201425007 $346.12 2201451060 $637.22 2212226005 $1,111.20 2212276021 $332.50 2212254002 $617.49 2212252012 $822.79 2212251039 $1,098.93 2212251037 $645.13 2212251011 $115.70 2207228004 $285.86 2207228011 $1,496.39 2207251005 $804.82 2207253012 $794.34 2207253016 $1,132.76 2207230008 $1,208.65 2212326004 $998.16 2212330005 $1,437.89 2212328021 $29.03 2212328014 $388.87 2212329021 $539.33 2212329028 $24.07 2201475001 $1,076.78 2207276018 $1,485.86 2207277002 $784.20 2207276030 $402.68 2211476048 $1,723.18 2207426038 $935.26 2207426034 $437.26 2207426007 $167.44 2207277001 $1,355.57 2207130027 $643.35 2236351039 $856.92 2201126015 $1,435.41 2201126027 $773.42 2236451067 $1,207.22 2201126042 $22.63 2236451115 $718.84 2236451115 $871.28 2236451115 $2,283.66 2236402005 $600.12 2236425042 $550.00 2236451040 $598.64 2236451024 $832.05 2236452012 $157.06 2236351025 $241.51 2236451087 $1,566.82 2236451047 $1,110.01 2236451052 $1,545.87 2236425034 $246.32 2236300034 $265.39 2236300025 $777.36 2236351018 $639.33 2236451013 $2,381.69 2231325011 $637.57 2236150009 $279.08 2236150006 $580.98 2236275004 $1,154.37 2236427002 $409.99 2236425009 $18.24 2236426007 $3.54 2236402017 $302.09 2236178004 $1,320.36 2236151007 $223.40 2236255009 $561.04 2236282002 $556.84 2236276014 $1,317.76 2236277008 $906.10 2236201023 $348.56 2236201029 $775.59 2236176011 $1,093.91 2236176016 $1,197.44 2236176060 $186.67 2236176034 $1,054.08 2236176035 $923.90 2236176032 $472.68 2236176036 $125.68 2236176036 $698.51 2236176031 $707.39 2212251011 $213.40 2236150010 $816.97 2211476049 $15.68 2212276028 $2.27 2212276027 $2.66 2211476020 $16.25 2211476019 $22.87 2211476005 $189.29 2201351007 $4.88 2206426054 $61.46 2201126043 $12.33 2236451115 $85.03 2211176908 $1.64 2211476067 $1,039.76 2236480001 $17.07 $144,514.60
Total Misc A/R 22.11.1.01.006 $22,312.50 $22,312.50
Dakota County 435210002070.00 $702.61 435210002210.00 $570.90 435210102070.00 $1,076.13 435210001060.00 $755.11 435210001012.00 $1,208.28 431640000260.00 $70.91 431640000390.00 $854.43 432250001110.00 $621.62 $5,859.99
Total Certification to the Counties $172,687.09
November 12, 2014
«Name» «Address_Attention» «Address_1» «Address_2» «City», «State» «Zip»
Dear «Name»:
Re: Delinquent Utility Charges
Our records show that there are unpaid utility charges against your property as follows:
Account #: «Account» Service Address: «Service_Address» Parcel #: «PID» Amount Due: «Certify»
The amount due must be received in the Finance Department at City Hall no later than 5:00 p.m. on Friday, October 31, 2014. If unpaid after this date, the amount due plus an additional 10% penalty / administrative fee will be certified to your property taxes payable in 2015.
The unpaid charges on the property described will be considered for certification with the above amount to be collected as a property tax on the above-referenced real property pursuant to City Charter, State Statute and City Code. This matter will be considered by the City Council of the City of Northfield at a hearing on November 18, 2014 at 7:00 p.m. or as soon thereafter as the matter may be heard in the Northfield City Council Chambers located at 801 Washington Street, Northfield, MN 55057.
The assessment roll for the above assessment amount is on file with the City Clerk. Written or oral objection signed by the property owner filed with the City Clerk prior to the above hearing date, or presented to the presiding officer at the hearing will be considered by the City Council. You have the right to appear at this hearing before the City Council to be heard.
To stop the above action, you must make a payment to the City of Northfield for the amount stated above. City offices are open from 8:00 am to 5:00 pm Monday through Friday.
Please return this letter with your payment.
Sincerely,
City of Northfield Finance Department
City Hall 801 Washington Street Northfield, MN 55057-2598 507.645.3015 fax 507.645.3055 e-mail:[email protected]
City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: Res. 2014-131, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Melanie Schlomann, Finance Director
Subject: Interfund TIF loan for Presidential Commons
Action Requested: The Northfield City Council approves a resolution allowing TIF District #4 to loan money to Presidential Commons TIF district.
Summary Report: Presidential Commons is a TIF district established in 1999 between the HRA for the City of Northfield and Northfield WNS Inc. The district was used to finance a townhome development. Market conditions over the past few years have caused property values to decline, creating less revenue to be collected. This affects the money available for the bond payments. Currently, the district is not collecting enough tax increment to make the full yearly bond payment. While revenue collected is increasing as property values rise, it is still not enough to cover the bond payment for the year. The City is attempting to collect the shortfall from the developer. The original developer has recently passed away, but staff is still working on options to collect the shortfall from the estate.
2014 Bond Payments $103,773.75 1st Half tax payment $ 37,141.36 2nd Half tax payment (est.) $ 37,141.36 Balance $ 29,491.03
To cover the shortfall, staff is requesting another internal loan from TIF #4 in the amount of $50,000. Council passed a resolution in December of 2013 for a $50,000 loan from TIF district #4. Council expressed wanting to see an update on the district each year if it was not able to support itself. This led to a smaller loan being made in 2013. We submit a report on each TIF district to the state each year, and it is not allowable to summit a negative fund balance.
Attached is the payment schedule for the bond being financed by the Presidential Commons District. This is the primary expense for this TIF district. The last payment on the bond will be incurred in 2022. The district is set to decertify in 2026. We anticipate the revenue will continue to increase with market correction and this interfund loan will not have to be made in the near future. With the length of the district, the loan will be paid back as we have a few years of collections before decertifying the district to clean this up.
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Alternative Options: Loan Presidential Commons money from the General Fund or HRA. It has been suggested that money be loaned from the HRA since this was a housing project. Staff does not recommend either of these options, since we already have a loan to Presidential Commons District from District #4. For ease of bookkeeping, it is recommended we keep the loan on the same terms as the first.
Financial Impacts: Presidential Commons must be loaned money before the end of the year when a negative balance would be reported.
Tentative Timelines: Must approve a resolution before year end.
City of Northfield Page 2 of 2 Printed on 11/13/2014 powered by Legistar™ CITY OF NORTHFIELD, MN CITY COUNCIL RESOLUTION 2014-131 AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO 1-1
WHEREAS, the City Council (the "Council") of the City of Northfield, Minnesota (the "City"), as follows:
Section 1. Background.
1.01. The City has heretofore approved the establishment of Tax Increment Financing District No. 1-1, Presidential Commons (the "TIF District") within the Housing and Redevelopment Project No. 1 (the "Project"), and has adopted a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project.
1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation, public utilities, streets and sidewalks, other housing improvements, bond and loan principal and interest and administrative costs (collectively, the "Qualified Costs"), which costs may be financed on a temporary basis from City funds available for such purposes.
1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan").
Section 2. Terms of Interfund Loan.
2.01. The City hereby authorizes the advance of up to $50,000.00 from the municipal #4 TIF fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 3% and will not fluctuate.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the City Administrator, through the date of last receipt of tax increment from the TIF District.
2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the City Administrator, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Rice County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan.
2.05. This Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date.
2.06. The City may amend the terms of this Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT
The City hereby authorizes the advance of up to $50,000.00 from the Municipal #4 TIF Fund or so much thereof as may be paid as Qualified Costs. The interest rate shall be 3% and will not fluctuate.
PASSED by the City Council of the City of Northfield on this 18th day of November, 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL $960,000 Taxable G.O. Tax Increment Refunding Bonds, Series 2007D (Fund 379) The 2007D Bonds were issued to refund the 1999C Bonds issued to facilitate new development in establishing the Presidential Commons TIF District 1-1. The bonds are being repaid through annual tax increment collections through 2022. Municipal District 4 issued a $50,000 advance to this fund in 2013 to offset underperforming tax increment revenues. The City may consider additional advances in the coming years until the debt is retired.
Maturity Date: February 1, 2022 Call Date: February 1, 2017
Fund Number: 379
Fund Title: 2007D GO Tax Increment Refunding Bonds Presidential Commons TIF District
Revenues Expenditures
Taxes 1.00% Total Total Levy Collect Fund Balance Increment Other Investment Projected Debt Other Projected Fund Balance Year Year Jan. 1 Taxes Receipts Interest Receipts Payments Disbursements Disbursements Dec. 31 - 2010 2011 0 - - - - - 81,770 2011 2012 81,770 66,621 291 66,912 105,723 1,515 107,238 41,444 2012 2013 41,444 64,592 - - 64,592 107,317 2,402 109,719 (3,683) 2013 2014 (3,683) 64,500 - - 64,500 103,773 1,500 105,273 (44,456) 2014 2015 (44,456) 64,500 - - 64,500 105,095 1,500 106,595 (86,551) 2015 2016 (86,551) 64,500 - - 64,500 106,144 1,500 107,644 (129,695) 2016 2017 (129,695) 64,500 - - 64,500 102,056 1,500 103,556 (168,751) 2017 2018 (168,751) 64,500 - - 64,500 97,856 1,500 99,356 (203,607) 2018 2019 (203,607) 64,500 - 64,500 98,400 1,500 99,900 (239,007) 2019 2020 (239,007) 64,500 - 64,500 103,513 1,500 105,013 (279,520) 2020 2021 (279,520) 64,500 - 64,500 103,193 1,500 104,693 (319,713) 2021 2022 (319,713) 64,500 - 64,500 97,731 1,500 99,231 (354,444) 2022 2023 (354,444) 64,500 - 64,500 (289,944) 2023 2024 (289,944) 64,500 - 64,500 (225,444) 2024 2025 (225,444) 64,500 - 64,500 (160,944) 2025 2026 (160,944) 64,500 - 64,500 (96,444) 2026 2027 (96,444) - - (96,444) 2027 2028 (96,444)
969,713 - 291 970,004 1,130,801 17,417 1,148,218 Remaining Schedule
Payment Total Date Principal Rate Interest P & I 8/1/2014 18,501 18,501 2/1/2015 70,000 5.450% 18,501 88,501 8/1/2015 16,594 16,594 2/1/2016 75,000 5.450% 16,594 91,594 8/1/2016 14,550 14,550 2/1/2017 75,000 5.450% 14,550 89,550 8/1/2017 12,506 12,506 2/1/2018 75,000 5.750% 12,506 87,506 8/1/2018 10,350 10,350 2/1/2019 80,000 5.750% 10,350 90,350 8/1/2019 8,050 8,050 2/1/2020 90,000 5.750% 8,050 98,050 8/1/2020 5,463 5,463 2/1/2021 95,000 5.750% 5,462 100,462 8/1/2021 2,731 2,731 2/1/2022 95,000 5.750% 2,731 97,731
______
Debt Study for the City of Northfield, MN Page 28 Prepared by Ehlers July 22, 2014 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: Ord. 965, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Monte Nelson, Chief of Police
Subject: Second Reading of Drug Paraphernalia Ordinance - Chapter 50
Action Requested: The Northfield City Council is asked to approve second reading of an Ordinance Amending Northfield City Code, Chapter 50 - Offenses and Miscellaneous provisions, Article IV. - Offenses involving Public Peace and Order, relating to Drug Paraphernalia.
Summary Report: On November, 10, 2014, Council approved the first reading the proposed Ordinance Amending Northfield City Code, Chapter 50 - Offenses and Miscellaneous provisions, Article IV. - Offenses involving Public Peace and Order, relating to Drug Paraphernalia. Council is asked to approve the second reading of the ordinance at their meeting on November 18, 2014.
On September 9, 2014, the Council discussed information presented by the Chief and members of the Mayor’s Task Force on Youth Alcohol and Drug Use regarding the Northfield Tobacco Ordinance and Drug Paraphernalia. At the conclusion of the discussion, Council directed the Chief and City Attorney to research the subjects and bring back possible changes to existing tobacco ordinances and/or a proposed Drug Paraphernalia Ordinance.
Chris Hood, the Chief, and members of the Mayor’s Task Force reviewed and researched many sources regarding Drug Paraphernalia Ordinances. Mr. Hood drafted a proposed Drug Paraphernalia Ordinance based on information gathered from other cities with similar ordinances. Some cities with similar ordinances include Red Wing, Hastings, Cottage Grove, and Stillwater. The proposed ordinance was discussed at the October 7 City Council Meeting.
At the meeting on the October 7, Council brought up a concern regarding the “Offenses” section of the Ordinance, 50-89(d). As a result, Mr. Hood revised this section to mirror the Minnesota State Statute regarding Drug Paraphernalia: “Possession” of paraphernalia would be a petty misdemeanor. “Manufacture or Delivery” including sales would be a misdemeanor. Sale to Minors would be a gross misdemeanor. “Advertisement” would be a misdemeanor.
Staff believes the attached ordinance represents sound, legally defensible policy aimed at reducing drug use in our community by prohibiting the sale of drug paraphernalia. It should also be considered that prohibiting and
City of Northfield Page 1 of 2 Printed on 11/13/2014 powered by Legistar™ File #: Ord. 965, Version: 1 regulating the sale of drug paraphernalia may help reduce the “public acceptance of, or indifference to” use of controlled substances.
Currently in Northfield, one existing business, Tobacco Field, offers many different types of drug paraphernalia for sale, and Downtown Tobacco is prohibited from the same type of sales due to the special conditions on their license. The proposed ordinance would create consistent regulation regarding sales of drug paraphernalia in Northfield as approved by the City Council.
Alternative Options: 1. Council could choose to not approve the ordinance and direct staff to perform more research and propose other changes. This would change the timing of the ordinance as it relates to the renewal of tobacco licenses for 2015.
2. Council could choose to not approve the ordinance at all. A decision would then need to be made regarding the list of 10 special conditions currently placed on Downtown Tobacco. At the Council Meeting on June 3, 2014, Council denied the request to remove the special conditions, and instead decided to wait to address the special conditions as this process moved forward.
Financial Impacts: City Financial impacts of the Ordinance on the City are minimal.
Impacted Private Businesses Financial impacts on most tobacco retailers are also minimal, or non-existent, because they do not currently sell items that would be prohibited by this ordinance. Tobacco Field currently sells many items that would be prohibited by this ordinance. Predicting the financial impact would be difficult. With that said, Tobacco Field’s attorney, Dave Hvistendahl, did send a letter to the City regarding the proposed ordinance. Financial impact on Tobacco Field was one of several concerns brought up by Mr. Hvistendahl regarding the proposed ordinance. See the attached copy of the letter. City Attorney Chris Hood’s e-mail response regarding the concerns in the letter is also attached.
Tentative Timelines: If approved for second reading at this meeting, the ordinance would move to publication. After the 30 day publication period, the revised ordinance would become effective December 22, 2014.
City of Northfield Page 2 of 2 Printed on 11/13/2014 powered by Legistar™ ORDINANCE NO. 965
AN ORDINANCE AMENDING NORTHFIELD CITY CODE, CHAPTER 50 – OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE IV. – OFFENSES INVOLVING PUBLIC PEACE AND ORDER, RELATING TO DRUG PARAPHERNALIA
THE CITY COUNCIL OF THE CITY OF NORTHFIELD DOES ORDAIN THAT:
SECTION 1. Northfield Code, Chapter 50 – Offenses and Miscellaneous Provisions, Article IV. – Offenses Involving Public Peace and Order is hereby amended to add Sec. 50-89 – Drug Paraphernalia, as follows:
Sec. 50-89. – Drug Paraphernalia.
(a) Purpose. The purpose of this Section is as follows:
(1) To protect and promote the public health, safety and general welfare by regulating the possession, manufacture, delivery and advertisement of drug paraphernalia within the City.
(2) To deter the use of controlled substances within the City by controlling and prohibiting certain paraphernalia associated with their use and manufacture.
(3) To reduce the availability of drug paraphernalia in order to prevent their availability from inducing, promoting, suggesting or increasing public use of controlled substances.
(4) This section is not intended to allow what the Minnesota Statutes prohibit nor to prohibit what the Minnesota Statutes expressly allow.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) Drug paraphernalia means all equipment, products, and materials of any kind, which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, enhancing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Minnesota Statutes or this section. The term drug paraphernalia includes, but is not limited to:
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a. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. b. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. c. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant, which is a controlled substance. d. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances. e. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. f. Diluents and adulterants, including quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances. g. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana. h. Blenders, bowls, containers, spoons, grinders, and mixing devices used, intended for use, or designed for use in compounding, manufacturing, producing, processing, or preparing controlled substances. i. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances. j. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or products or materials used or intended for use in manufacturing, producing, processing, or preparing controlled substances. k. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injected controlled substances into the human body. l. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances, to include but not limited to marijuana, cocaine, methamphetamine, hashish, or hashish oil, into the human body, such as:
i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. ii. Chillums and one time use pipes commonly referred to as a one-hitter or hit pipes. iii. Water pipes.
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iv. Carburetion pipes, tubes and devices. v. Smoking and carburetion masks. vi. Objects, sometimes commonly referred to as roach clips, meaning objects used to hold burning material such as a marijuana cigarette, which has become too small or too short to be held in the hand. vii. Miniature cocaine spoons and cocaine vials. viii. Chamber pipes. ix. Carburetor pipes. x. Electric pipes. xi. Air-pipes. xii. Ice pipes and chillers xiii. Bongs.
m. Ingredients or components to be used or intended or designed to be used in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance, whether or not otherwise lawfully obtained, including anhydrous ammonia, nonprescription medications, methamphetamine precursor drugs, or lawfully dispensed controlled substances.
(2) The terms controlled substance, manufacture, marijuana, and person are defined as specified in Minn. Stat. § 152.01, as it may be amended from time to time.
(c) Evidence. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to other relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance and/or drug paraphernalia within the ten (10) year period immediately preceding an alleged violation of this section.
(3) The proximity of the object, in time and space, to a direct violation of this section.
(4) The proximity of the object to controlled substances.
(5) The existence of any residue of controlled substances on the object.
(6) Direct or circumstantial evidence of the intent of an owner, or of any person in control of the object, to deliver the object to another person
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whom the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of this section. The innocence of an owner, or of any person in control of the object, as to a direct violation of this section should not prevent a finding that the object is intended or designed for use as drug paraphernalia.
(7) Instructions, oral or written, provided with the object concerning the object's use.
(8) Descriptive materials accompanying the object, which explain or depict the object's use.
(9) National and local advertising concerning the object's use, intended use and/or design.
(10) The manner in which the object is displayed for sale.
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products, a medical or dental care provider, or a pharmacist.
(12) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony, including the testimony of law enforcement officers through drug task force operations or otherwise, concerning the object's use.
(15) The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance.
(d) Offenses.
(1) Possession. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled
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substance in violation of this section or Minn. Stat. Chapter 152. Any violation of this clause is a petty misdemeanor.
(2) Manufacture or Delivery. It is unlawful for a person to sell, deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, if that person knows or should reasonably know that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, enhance, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this section or Minn. Stat. Chapter 152. Any violation of this clause is a misdemeanor.
(3) Minors. Any person 18 years of age or over who violates paragraph (d)(2) above by selling or delivering drug paraphernalia and said sale or delivery is to a person who is under 18 years of age and at least 3 years his or her junior is guilty of a gross misdemeanor.
(4) Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. A violation of this section is a misdemeanor.
(e) Violations. Each violation of any provision of this section, as well as each day of continued violation shall be considered a separate offense.
(f) Civil Forfeiture. All drug paraphernalia as defined in this section are subject to forfeiture in accordance with the provisions set forth in Minn. Stat. § 609.531, et. seq.
(g) Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.
Sec. 50-90 - 50-115. Reserved.
SECTION 2: This Ordinance shall take effect thirty days after its publication.
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Passed by the City Council of the City of Northfield, Minnesota, this 18th day of November 2014.
ATTEST:
______City Clerk Mayor
First Reading: November 10, 2014 Second Reading: ______Published: ______
VOTE: ____ GRAHAM ____ DELONG ____LUDESCHER ____NAKASIAN ____POWNELL ____PETERSON WHITE ____ZWEIFEL
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Deb Little
From: Chris Hood Sent: Thursday, October 30, 2014 1:33 PM To: Nick Haggenmiller; Monte Nelson; Deb Little; Dana Graham Cc: Robert Scott Subject: Tobacco Fields Comments on Drug Paraphernalia Ordinance Attachments: lt city 2014-10-29.pdf
October 30, 2014
Good afternoon,
Here are my initial comments on the letter received from Tobacco Field’s attorney taking issue with portions of the draft drug paraphernalia ordinance (See attached letter for ease of reference):
1. Whether the City Council decides in its discretion to enact the draft drug paraphernalia ordinance in whole, in part or not at all, is a policy decision for the City Council to make in its discretion and as they determine will be in the best interests of the Northfield community. As you are aware I was previously asked to research and draft a drug paraphernalia ordinance for the Council's consideration. I have done that by, among other things, looking specifically at ordinances from other Minnesota cities that have been enacted by those cites and vetted to some degree by the courts. It is not the role of the City Attorney to advocate either for or against this legislation, but to instead provide information so that the City Council can deliberate on the subject matter and make a reasoned decision.
2. The following cities have adopted drug paraphernalia ordinances that are identical or virtually identical to the draft ordinance now before the City Council for its consideration (there may be others as well as my research has not been exhaustive):
a. Bloomington b. Apple Valley c. Cottage Grove d. North St. Paul e. Stillwater f. Hastings g. Forest Lake h. Red Wing i. St. Louis Park j. Moorhead.
3. A couple of the above ordinances have been subjected to legal challenge. In each case, the ordinances have withstood the challenges and been upheld by the Courts.
a. City of Moorhead case (See Disc & Tape, Inc., doing business as Discontent v. City of Moorhead).
In 2012, the drug paraphernalia ordinance of the city of Moorhead, which is substantially similar to the draft ordinance being considered by Northfield, was challenged in United States Federal District Court. The plaintiffs in that case sought a motion for a preliminary injunction and a temporary restraining order to prevent the city of Morehead from implementing and enforcing its ordinance. The plaintiffs were a business licensed to sell tobacco products and also had numerous pipes and other smoking devices for sale. In Moorhead's case, there were also three other businesses in the city that sold similar products, which would be prohibited by the drug paraphernalia ordinance. The City sought voluntary compliance for implementation and the three other businesses voluntarily modified their inventory to be 1 compliant. The plaintiffs, however, brought action in federal district court to enjoin the city from enforcing its ordinance.
At the outset of the federal District Court’s decision in the Moorhead case, it noted that the plaintiffs conceded that the city’s ordinance was constitutional as written based upon prior legal precedent from the United States Supreme Court upholding a very similar drug paraphernalia statute. See Posters ‘N’ Things, Ltd. v. United States, 511 U.S. 513 (1994).
In relying on the Posters case, the District Court held that in implementing the ordinance, the city intends to enforce the ordinance only against those products that the City considers drug paraphernalia under the ordinance. The plaintiffs sought to assert that any definition of drug paraphernalia had to include an analysis of subjective intent. However, the U.S. Supreme Court squarely rejected that position in the Posters case upholding the constitutionality of a federal statute, which was very similar to the Moorhead ordinance.
The District Court quoting the Posters case made clear that "the objective characteristics of some items establish that they are designed specifically for use with controlled substances." Posters at 518. "Such items, including bongs, cocaine freebase kits, and certain kinds of pipes, have no other use besides contrived ones (such as the use of a bong as a flower vase)." Id. The District Court concluded that “these items – specifically enumerated in the federal statute contested in Posters ‘N’ Things and also in the ordinance at issue here – are "per se drug paraphernalia." Id. at 526.
The Supreme Court further explained its position in Posters as follows: "the purpose of a seller of drug paraphernalia is to sell his product; the seller is indifferent as to whether that product ultimately is used in connection with illegal drugs or otherwise. If [a drug paraphernalia prohibition] required a purpose that the items be used with illegal drugs, individuals could avoid liability for selling bongs and cocaine freebase kits simply by a establishing that they lacked the ‘conscious object’ that the items be used with illegal drugs." Posters at 523.
b. City of Hastings case (State of Minnesota v. Ibrahim Mohammad Aqel, File No. 19HA-CR-10-3282).
A second case was also brought in 2011 challenging the City of Hastings drug paraphernalia ordinance, which again is virtually identical to the ordinance now under consideration by the city of Northfield. This case was brought in State District Court. In the case, a defendant charged with violation of the city of Hastings drug paraphernalia ordinance challenged the ordinance as being unconstitutionally vague, unconstitutionally overbroad, and that the prosecution entailed discriminatory enforcement. The District Court rejected all of these arguments and upheld the Hastings ordinance.
In this case, the Court relied upon another United States Supreme Court case that stated "the language ‘designed … for use’ is not unconstitutionally vague on its face, since it is clear that such standard encompasses at least an item that is principally used with illegal drugs by virtue of its objective features, i.e., features designed by the manufacturer." Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U. S. 489, 490, (U.S. 1982).
The state district court held that: "Consequently, Hastings City Ordinance Section 130.16 prescribes, at minimum, some comprehensible course of conduct – do not possess items such as roach clips or pipes specially designed for use with controlled substances." The court further held that the Hastings ordinance adequately gave “notice of prohibited conduct because a person of common intelligence need not guess at its meaning.” The court also stated that: "The reasonableness of the Hastings City Ordinance Section 130.16 is, at the very least, debatable so the court will not interfere with the legislative discretion. Defendant has not met the substantial burden of showing, beyond a reasonable doubt, that the ordinance is unconstitutionally vague." The district court also held that the Hasting ordinance was not unconstitutionally overbroad and that enforcement of the same was not arbitrary or discriminatory.
4. In reviewing the comment letter from Tobacco Fields’ attorney (attached) on the subject ordinance, I would note that the comments being made are somewhat speculative regarding what might happen in the future and also 2 substantially contain conclusory statements without cited legal support for the opinions being made. Thus, the opinions asserted are those of Tobacco Fields, and while they have every right to advocate their position in this legislative process in an effort to influence the policy direction of the City Council, the comments are primarily advocacy, which does not appear to be supported by the court precedent that exists on this subject.
5. Finally, I am not aware how or if future changes related to marijuana laws will impact this ordinance going forward. If there are legal changes affecting this ordinance based on actions at a state level in the future, should this ordinance be adopted by the City Council at this time, then the ordinance will need to be amended accordingly at that time.
Let me know if you have questions or need further assistance.
Thank you.
Chris
Christopher M. Hood FLAHERTY & HOOD, P.A.
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City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-210, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Approve Summary Publication of Ordinance No. 965 - Drug Paraphernalia Ordinance
Action Requested: The Northfield City Council approves summary publication of Ordinance No. 965 - an ordinance amending Northfield City Code, Chapter 50 - Offenses and Miscellaneous Provisions, Article IV. - Offenses Involving Public Peace and Order, Relating to Drug Paraphernalia.
Summary Report: The Northfield City Council approved the first and second readings of Ordinance No. 965 on November 10 and November 18, 2014 respectively. Council is being asked to approve summary publication of Ordinance No. 965.
Alternative Options: Council could choose to direct staff to publish the entire ordinance. However, it would be quite costly to publish all six pages of the ordinance.
Financial Impacts: Summary publication will cost significantly less than publishing the entire ordinance with changes.
Tentative Timelines: Summary publication is proposed to occur on November 22, 2014.
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ SUMMARY PUBLICATION OF CITY OF NORTHFIELD ORDINANCE NO. 965
AN ORDINANCE AMENDING NORTHFIELD CITY CODE, CHAPTER 50 – OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE IV. – OFFENSES INVOLVING PUBLIC PEACE AND ORDER, RELATING TO DRUG PARAPHERNALIA
Summary: An ordinance amending the Northfield City Code Chapter 50 by adding a new Section 50-89 Drug Paraphernalia that includes purpose, definitions, evidence and violations regulations relating to drug paraphernalia. The complete text of Ordinance No. 965 may be obtained at no charge at City Hall or from the City’s website at www.ci.northfield.mn.us. City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: Ord. 964, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Monte Nelson, Chief of Police
Subject: Second Reading of Revised Tobacco Ordinance Chapter 30, Divisions 1 and 2
Action Requested: The Northfield City Council is asked to approve the Second Reading of Revised Tobacco Ordinance Chapter 30, Divisions 1 and 2.
Summary Report: On November 10, 2014, Council approved the First Reading of Revised Tobacco Ordinance Chapter 30, Divisions 1 and 2. Council is asked to approve the Second Reading of the Revised Ordinance at their meeting on November 18, 2014
On September 9, 2014, the Council discussed information presented by the Chief and members of the Mayor’s Task Force on Youth Alcohol and Drug Use regarding the Northfield Tobacco Ordinance and Drug Paraphernalia. At the conclusion of the discussion, Council directed the Chief and City Attorney to research the subjects and bring back possible changes to existing tobacco ordinances.
At the October 7 Council Meeting, Chris Hood and Chief Nelson presented suggested improvements to Northfield’s Tobacco Ordinance. The changes included a definition of “Tobacco Products Shop,” clarified penalties, provided additional language regarding “E-Cigarette” related items, smoking/sampling inside stores, and other clarifications. Council discussed the proposed changes and asked staff to bring the proposed changes back to the Council in Ordinance format.
Since the last meeting, City Attorney Hood and Chief Nelson reviewed the proposed changes and received additional suggestions regarding the “E-Cigarette” language from the Association for Nonsmokers in MN and the Public Health Law Center. Mr. Hood has added suggested language regarding, “Electronic Delivery Devices,” in the definitions of the ordinance to ensure the related products and devices are properly regulated. Language was also included regarding child-resistant liquid packaging rules as they apply to E-Cigarettes; this language relates to new state regulations that become effective January 1, 2015. These changes in language, as well as all previously suggested and discussed changes appear in in the attached copy of the Tobacco Ordinance Chapter 30, Divisions 1 and 2 (new material is underlined; deleted material is lined out).
Council is asked to review the modified Ordinance and approve it for first reading. Staff is confident the suggested changes are important and fair revisions to the Tobacco Ordinance. The changes clarify the
City of Northfield Page 1 of 2 Printed on 11/13/2014 powered by Legistar™ File #: Ord. 964, Version: 1 difference between Tobacco Shops and other Tobacco Retailers and the rules that apply to either/both types of licensed Tobacco sellers. This new language will help create more consistent regulation of Tobacco Shops in Northfield, with rules approved by the Council. The other changes help clarify issues surrounding E- Cigarettes, smoking/sampling inside stores, mandatory tobacco retailer employee education, and administrative penalties for violations.
Alternative Options: Council could choose not to approve the first reading and ask that no changes to the Tobacco Ordinance take place. A decision would then need to be made regarding the list of 10 special conditions currently placed on Downtown Tobacco. At the Council Meeting on June 3rd, 2014, Council denied the request to remove the special conditions, and instead decided to wait to address the special conditions as this process moved forward.
Council could choose not to approve the first reading and ask staff to research other revisions. As a reminder, 2015 tobacco license applications will be renewed before the end of the year, so timing of any changes is becoming more important.
Financial Impacts: There is no significant financial impact on the City. Financial impact to licensed tobacco shops is related to two different subjects. - Administrative penalties for violations of the ordinance were clarified and raised in certain circumstances. See the ordinance for details. - Other costs to tobacco retailers might include changes/modifications/installation retailers might need to do to comply with new conditions spelled out in sections 30-75 and 30-76. The actual financial impact will vary greatly by retailer, because many licensees currently meet some, or many of the new conditions.
Tentative Timelines: If approved for Second Reading, the ordinance would move to publication. After the 30 day publication period, the revised ordinance would become effective December 22, 2014.
City of Northfield Page 2 of 2 Printed on 11/13/2014 powered by Legistar™ ORDINANCE NO. 964
AN ORDINANCE AMENDING NORTHFIELD CITY CODE, CHAPTER 30 – HEALTH AND SANITATION, ARTICLE II. – TOBACCO
THE CITY COUNCIL OF THE CITY OF NORTHFIELD DOES ORDAIN THAT (new material is underlined; deleted material is lined out; sections which are not proposed to be amended are omitted; sections which are only proposed to be re-numbered are only set forth below as to their number and title):
SECTION 1. Northfield Code, Chapter 30 – Health and Sanitation, Article II. – Tobacco, Division 1. Generally, is hereby amended to read as follows:
Sec. 30-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco-related devices, and nicotine or lobelia delivery products or devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices and nicotine or lobelia delivery products or devices. Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products include but are not limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar. Minor means any natural person who has not yet reached the age of 18 years. Moveable place of business refers to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
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Nicotine or lobelia delivery products or devices means any product containing or delivering nicotine, or lobelia or any other substance intended for human consumption, or any part of such a product or device, including electronic delivery devices and related products as defined herein, that is not tobacco as defined in this section,. Nicotine or lobelia delivery products or devices do not includinge any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation treatment, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Retail establishment means any place of business where tobacco, tobacco products, or tobacco- related devices, or nicotine or lobelia delivery products or devices are available for sale to the general public. Retail establishments include but are not limited to grocery stores, convenience stores, and restaurants, and drug stores. Sale means any transfer of goods for money, trade, barter, or other consideration. Self-service merchandising means open displays of tobacco, tobacco products, or tobacco-related devices , or nicotine or lobelia delivery products or devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco-related devices, or nicotine or lobelia delivery products or devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco-related device, or nicotine or lobelia delivery products or devices between the customer and the licensee or employee. Self-service merchandising does not include vending machines. Smoking means inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. Tobacco andor tobacco products mean any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Tobacco and tobacco products also include any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Tobacco products shop means a retail establishment with an entrance door opening directly to the outside that derives more than seventy (70) percent of its gross revenue from the sale of tobacco, tobacco products, tobacco-related devices, and/or nicotine or lobelia delivery products or devices. This includes but is not limited to the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license. Tobacco-related devices means any tobacco products as well as pipes, rolling papers, and other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, ingesting, absorbing, or smoking of tobacco or tobacco products. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco-related devices, or nicotine or lobelia delivery products or devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco-related device, or nicotine or lobelia delivery products or devices.
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Sec. 30-27. Violations.
(a) Notice. Upon discovery of a suspected violation of this article, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusation. (b) Hearing. If a person accused of violating this article so requests in writing filed with the city clerk, a hearing shall be scheduled, the time and place of which shall be published and provided by the city clerk to the accused violator. (c) Hearing officer. The city council shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 30-28, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the ciounty in which the alleged violation occurred. (f) Misdemeanor prosecution. Violation of this article shall be a misdemeanor offense. In addition to any civil penalties imposed under this article, Nnothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed, except that the city council may suspend, or revoke, or not renew a license in appropriate circumstances. (g) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute separate offenses.
Sec. 30-28. Penalties.
(a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of $75200.00 for a first violation of this article, $2400.00 for a second offense at the same licensed premises within a 24-month period, and $25800.00 for a third or subsequent offense at the same location within a 24-month period, and $1,600.00 for a fourth offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days; and after the fourth offense, the license shall be suspended for not less than thirty days. For the purposes of this section, "within a 24-month period" means a period, two (2) years in duration, which begins to toll on the date of the occurrence of the first violation, and ends two (2) years from the date of the first violation. If no further violations occur within two (2) years following the first violation, any violations occurring after the expiration of the two-year period will not be cumulative with regards to the first violation. (b) Other individuals. Individuals other than licensees, and other than minors regulated by subsection (c) of this section, found to be in violation of this article shall be charged an administrative fine of $50.00. The licensee will be responsible for ensuring that an employee pays the fine or takes necessary steps to appeal the penalty. (c) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products, or tobacco-related devices shall be charged an administrative fine of $50.00 and shall be subject to any policy separately adopted by the city council with regard to administrative penalties for minors. (d) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article.
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Sec. 30-29. Purpose.
Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco products, and tobacco-related devices, and nicotine or lobelia delivery products or devices, and such sales, possession, and use are violations of both state and federal laws; because studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco-related devices, and nicotine or lobelia delivery products or devices for the purpose of enforcing and furthering existing laws; to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco-related devices, and nicotine or lobelia delivery products or devices; and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stat. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of the Center for Disease Control in their study “Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997,” and of the following medical professionals in these medical journals: Khuder SA, et al., “Age at Smoking Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October 1999; D’Avanzo B, et al., “Age at Starting Smoking and Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, “Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference.
Sec. 30-30. Exceptions and defenses.
Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco-related devices, or nicotine or lobelia delivery products or devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law.
Sec. 30-31. Prohibited sales.
It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product or device: (1) To any person under the age of 18 years. (2) By means of any type of vending machine. (3) By means of self-service methods whereby the customer does not need to make an oral or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product or device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product device between the licensee or the licensee's employee and the customer, except as provided in subsection 30-33(b). (4) By means of loosies as defined in section 30-26. (5) Containing opium, morphine, jimsonweed, belladonna, Strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other
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substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (6) By any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance, or other regulation.
Sec. 30-32. Minors.
Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device or nicotine or lobelia product delivery device to any minor. (2) Illegal possession. It shall be a violation of this article for any minor to have in his/her possession any tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product or device. This subsection shall not apply to minors lawfully involved in a compliance check. (3) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product or device. (4) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product or device, and it shall be a violation of this article for any person to purchase or otherwise obtain such item on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device or nicotine or lobelia delivery product or device. This subsection shall not apply to minors lawfully involved in a compliance check. (5) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (6) Liquid packaging – child resistant. Effective January 1, 2015, it shall be a violation of this section for any licensee to sell any liquid, whether or not such liquid contains nicotine, that is intended for human consumption and use in a nicotine or lobelia delivery device, that is not in child resistant packaging as required by applicable federal or state law.
Sec. 30-33. Self-service sales.
(a) Prohibited sales. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, tobacco-related devices or nicotine or lobelia delivery products or devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device or the nicotine or lobelia delivery product or device between the licensee or his/her clerk and the customer. All tobacco, tobacco products, tobacco- related devices and nicotine or lobelia delivery products or devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. (b) Exception. This section shall not apply to tobacco products shopsretail stores which derive at least 90 percent of their revenue from tobacco and tobacco-related products and where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter, at any time. This prohibition shall be clearly posted with a professional grade sign at the store entrance. The city
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may require a certified audit or other method or such other documentations as acceptable to the city to determine and verify the percentage of revenue from tobacco, or tobacco-related products or devices, or nicotine or lobelia delivery products or devices for purposes of eligibility or continued eligibility of this exception.
Sec. 30-34. Vending machines.
It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco-related devices, or nicotine or lobelia delivery products or devices by the means of a vending machine.
SECTION 2. . Northfield Code, Chapter 30 – Health and Sanitation, Article II. – Tobacco, Division 2. Dealer’s License, is hereby amended to read as follows:
Sec. 30-61. Required.
No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery products or devices without first having obtained a license to do so from the city.
Sec. 30-62. Application.
An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices shall be made to the city clerk on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name and nature of the business for which the license is sought, the other information as required by the application form, and any additional information the city deems necessary. Upon receipt of a completed application, the city clerk shall forward the application to the chief of police for a background check on the applicant, which shall be completed and report made to the city clerk. Upon receipt of a report from the chief of police, the city clerk shall forward the application and the report to the city council for action at its next regularly scheduled meeting. If the city clerk shall determine that an application is incomplete, he/she shall return the application to the applicant with notice of the information necessary to make the application complete. Every person applying for a license under this article shall certify on the annual license application that the person has implemented a training program for employees regarding laws related to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices and has trained all employees to comply with state and federal laws and/or regulations as well as this article regarding the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices.
Sec. 30-64. Basis for denial of license.
The following shall be grounds for denying the issuance or renewal of a license required under this division, provided that, except as may otherwise be required by law, the existence of any particular ground for denial does not mean that the city must deny the license: (1) The applicant is under the age of 18 years. (2) The applicant, owner, partner, officer or manager has been convicted within the past five years of any violation of a federal, state, or local law, ordinance, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices.
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(3) The applicant, owner, partner, officer or manager has had a license to sell tobacco, tobacco products, tobacco-related devices or nicotine or lobelia delivery products or devices revoked or suspended within the preceding 24 months of the date of application. (4) The applicant fails to provide any information required on the application or provides false or misleading information. (5) The applicant owner, partner, officer or manager is prohibited by federal, state, or other local law, ordinance, or other regulation from holding such a license. (6) No license shall be granted or renewed for operation on any premises on which taxes, assessments, service charges, or other financial claims of the city or of the state are delinquent. The city council may waive strict compliance with this subsection. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after they become due, except, in the sole discretion of the city council under the circumstances presented, in instances of a lessee of leased property upon which taxes are delinquent. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section.
Sec. 30-68. Renewal.
The renewal of a license issued under this division shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but not more than 690 days before the expiration of the current license. The issuance of a license under this division shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
Sec. 30-70. Responsibility of licensee.
Every person issued a license under this division shall be responsible for the actions of his/her employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the licensee's employee(s) to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation.
Sec. 30-71. Compliance checks and inspections.
(a) All premises licensed under this division shall be open to inspection by the city police or other authorized city official during regular business hours. (b) From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by city-designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery products or devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his/her employee and shall produce any identification, if any exists, for which he/she is asked. (c) Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes or required for the enforcement of a particular state or federal law.
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Sec. 30-73. Revocation, or suspension or non-renewal.
Any license issued under this division may be revoked or suspended as provided in sections 30-27 and 30-28. Every license holder under this article will either be subject to a monetary penalty or in extenuating circumstances have their license revoked, suspended, or not renewed by the city council according to the penalty schedule and procedures as provided in sections 30-27 and 30-28, for any of the following reasons:
(a) Violation of any provision of this article or Section 50-89.- Drug Paraphernalia.
(b) Other good cause related to the business of selling or furnishing tobacco, tobacco products, tobacco-related devices , or nicotine or lobelia delivery products or devices.
Sec. 30-74. Smoking and Sampling Prohibited.
Pursuant to Minnesota Statutes, Section 144.417, Ssmoking or otherwise sampling of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products or devices is prohibited within a retail establishment and shall not be permitted by the licensee and no person shall smoke or sample the same within the indoor area of any retail establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco-related products is prohibited.
Sec. 30-75. License Conditions.
Each license issued under this article is subject to all of the following conditions: (a) The licensee must fully light the interior of the retail establishment during business hours. (b) The licensee must fully cooperate with representatives from the City when present at the retail establishment for City business purposes. (c) The licensee must maintain clean and clear front and rear entrances of the retail establishment. (d) The licensee may not supply matches to non-purchasing customers. (e) The licensee must promptly remove any graffiti on the exterior of the retail establishment.
Sec. 30-76. Other License Conditions for Tobacco Products Shops.
In addition to the license conditions required in section 30-75, each license issued under this article for a tobacco products shop is subject to all of the following conditions:
(a) The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. (b) The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for fifteen days before being reused, erased or otherwise deleted. (c) The licensee must post a sign at front entrance of the retail establishment that prohibits minors from entering the retail establishment. (d) The front windows of the retail establishment must be clear, untinted, and unobstructed.
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(e) Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. SECTION 3: This Ordinance shall take effect thirty days after its publication. Passed by the City Council of the City of Northfield, Minnesota, this 18th day of November 2014.
ATTEST:
______City Clerk Mayor
First Reading: November 10, 2014 Second Reading: ______Published: ______
VOTE: ____ GRAHAM ____ DELONG ____LUDESCHER ____NAKASIAN ____POWNELL ____PETERSON WHITE ____ZWEIFEL
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City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-211, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Approve Summary Publication of Ordinance No. 964 - Revised Tobacco Ordinance
Action Requested: The Northfield City Council approves summary publication of Ordinance No. 964 an ordinance amending Northfield City Code, Chapter 30 - Health and Sanitation, Article II. - Tobacco.
Summary Report: The Northfield City Council approved the first and second readings of Ordinance No. 964 on November 10 and November 18, 2014 respectively. Council is being asked to approve summary publication of Ordinance No. 964.
Alternative Options: Council could choose to direct staff to publish the entire ordinance. However, it would be quite costly to publish eight pages of changes.
Financial Impacts: Summary publication will cost significantly less than publishing the entire ordinance with changes.
Tentative Timelines: Summary publication is proposed to occur on November 22, 2014.
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ SUMMARY PUBLICATION OF CITY OF NORTHFIELD ORDINANCE NO. 964
AN ORDINANCE AMENDING NORTHFIELD CITY CODE, CHAPTER 30 – HEALTH AND SANITATION, ARTICLE II. – TOBACCO
Summary: An ordinance amending the Northfield City Code related to tobacco regulations by adding definitions, text and conditions related to e-cigarette items, tobacco products shops, and revising text related to penalties and violations.
The complete text of Ordinance No. 964 may be obtained at no charge at City Hall or from the City’s website at www.ci.northfield.mn.us. City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-212, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Brian Erickson, P.E., Interim Public Works Director/City Engineer
Subject: WWTP Watermain Extension - Reject Bid
Action Requested: The Northfield City Council rejects the bid for the WWTP Watermain Extension.
Summary Report: At their September 16, 2014 meeting, the City Council approved the plans and specifications and authorizing the advertisement for bids for the Wastewater Treatment Plant (WWTP) Watermain Extension (2014WATR- K03) via Resolution 2014-105. Staff and the consulting engineer then advertised the bids for the minimum 21 days. Bids were opened on November 8, 2014 where there was one bidder.
During the bid period there were six addendums issued clarifying questions for the bidders. The most substantive issue that required clarification was the potential for encountering rock in the project corridor. As a result there were a series of soil borings that were performed to quantify the amount of rock that could be anticipated. This resulted in some cost increase in the engineer’s estimate. The final engineer’s estimate is shown below along with the single bid.
Total Project Cost DIP PVC HDPE Design $36,000 $36,000 $36,000 Engineer’s Estimate$593,382 $566,757 $580,946 Contingency (10%) $59,338 $56,676 $58,095 TOTAL $688,720 $659,433 $675,041
Bid $1,064,497.87 $1,034,970.47 $1,006,988.02 Difference from Estimate$471,115.87 $468,213.47 $426,042.02
As shown in the table the single bid is between 70% and 80% above the engineer’s estimate depending upon the material used for the watermain. A review of the bid shows several areas where the unit prices are significantly higher than the engineer’s estimate. A discussion with the bidder has also indicated that construction in November and December did add a significant cost to their bid. Finally, with only one bidder,
City of Northfield Page 1 of 2 Printed on 11/13/2014 powered by Legistar™ File #: 14-212, Version: 1 there are no other bids to compare with for competitive prices. Per language detailed in the bid process, the city council must reject or approve bids. As a result, staff and the consultant recommend that the City Council reject this bid.
Alternative Options: Staff is currently reviewing options for addressing the problems with the existing well and will return to City Council at a later date to present options for correcting this problem.
Financial Impacts: Staff recommends that the City Council reject the bid received on this project as the cost is not in line with the engineer’s estimate.
Tentative Timelines: Staff is currently reviewing options for completing the work required to insure a sufficient source of water for the WWTP. This plan will return to the City Council once a plan is solidified, likely early 2015.
City of Northfield Page 2 of 2 Printed on 11/13/2014 powered by Legistar™
November 12, 2014
Mr. Brian Erickson, P.E. Interim Public Works Director/ City Engineer City of Northfield 801 Washington Street Northfield, MN 55057
RE: Watermain to Wastewater Treatment Plant
Dear Mr. Erickson,
Bids were opened for the Watermain to Wastewater Treatment Plant project on Friday, November 7, 2014. 1 (one) bid was received.
The following is a summary of the bid received: Alt. 1 Alt. 2 Alt. 3 Contractor Base Bid Ductile Iron Fused PVC HDPE GM Contracting, Inc. $869,344.97 $195,153.00 $165,625.50 $137,643.05 Engineer’s Estimate $445,582.00 $147,800.00 $121,175.00 $135,364.00
The project total consists of adding the selected Alternate to the base bid. Project totals range from $1,006,988.02 to $1,064,497.97.
The letter report dated July 29, 2014 estimated the cost of the project between $471,770 and $562,800. Subsequent to advertising and issuing plans for bidding purposes, we discovered through soil borings that rock was present for approximately half the footage of the 12” pipe and for all of the 24” casing under the railroad. The additional cost associated with the rock is $237,000, making the project between $708,770 and $799,800.
Other factors contributing to the difference are lack of competition and a large premium for constructing during the winter. These factors are difficult to provide exact numbers for but based on previous bids, some of the unit prices are up to 40% higher.
Considering the amount, we do not recommend that the contract be awarded. We recommend that the project be advertised again and bid this winter for spring and early summer construction. Doing this should help provide competition and remove the winter construction premiums.
Please call me at 651-283-7244 if you have any questions.
Sincerely, BOLTON & MENK, INC.
Mark D. Kasma, P.E. Senior Principal Engineer
City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-213, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Michelle Mahowald, Communications & Human Resources Manager
Subject: Updated tuition reimbursement policy for the Employee Handbook
Action Requested: The Northfield City Council approves policy 5.05 Tuition Reimbursement for the Employee Handbook.
Summary Report: The policy before you has been reviewed by the Leadership Team and City Administrator.
This revised policy has been updated to reflect administration of the tuition reimbursement process for city employees.
5.05 Tuition Reimbursement: The current policy allows reimbursement to take place after the employee completes the coursework. A language change has been made to reimburse the employee once the employee receives the tuition bill. This relieves the financial burden on the employee.
The City of Northfield has historically used credit costs posted on the Minnesota State University Mankato website to calculate tuition reimbursement. This calculation will continue. Per policy, tuition reimbursement is for credit hours only and cannot exceed the per credit hour cost of a Minnesota University system institution.
Employees will continue to follow the policy language by providing a copy of the grade sheet and original receipt for the employee’s personnel file. Employees must receive a grade of “C” or better to be eligible for tuition reimbursement.
The employee must reimburse the city if he/she doesn’t receive a grade of “C” or better or drops out of the course.
Timelines: Policy approved on November 18, 2014 will be distributed to all employees by email. HR will document employee receipt of approved policies.
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Financial Considerations: Employee participation in this program has ebbed and flowed over the last several years. Currently, two employees participate and make use of the benefit. The expenses do not reflect increases in the budget, nor does the proposed change present an increase in expenditures as they are accounted for in personnel training and conferences.
Attachments: 5.05 Tuition Reimbursement Policy (with tracked changes)
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Policy: Tuition Reimbursement Adopted: M2007-0143 Effective: 10/1/2007 Revised: 11/18/14
Purpose To afford employees the ability to acquire an education which allows them a mastery of a major field of study, but also the ability to think critically, solve problems, and communicate effectively. Education stresses disciplines in writing, speaking, critical thinking, and quantitative reasoning benefiting the employee and the employer.
The City of Northfield encourages employees to continue to improve their skills and knowledge as an investment in quality performance for mutual benefit of the employee and the City.
Policy The City of Northfield will reimburse regular full-time non-probationary benefit eligible employees the cost of tuition for job related courses under the Tuition Reimbursement Policy as long as there is funding available. Tuition reimbursement is for credit hours only and cannot exceed the per credit hour cost of a Minnesota University system institution.
Employees not receiving a vehicle allowance will be reimbursed the standard mileage rate to operate their own automobile for up to 60 miles (one way) to attend class at the current Internal Revenue Service business rate.
Requirements Eligibility requirements as follows: • Employed by the City of Northfield as a regular full-time employee • Employee must have successfully completed their probationary period at the time of application • Tuition reimbursement must be requested during the budget cycle of the year prior to enrollment Example: request in summer 2007 budget preparation for 2008 budget, enrollment and reimbursement
Criteria To receive approval for tuition reimbursement, the following conditions must be met: • An accredited college or university must be selected. • Employees in the classification below the position of department or division manager may be reimbursed for job-related courses. up through Bachelor of Science or Bachelor of Applied Arts Degrees. • Employees in department or division manager position may be reimbursed for job-related courses through a Master of Arts degree. • The degree program must be directly related to the employee’s current job or to a position to which the employee could be directly promoted within the City. • Employee must declare a job-related degree program. All courses required for a job-related degree program will be reimbursed. • All course work and studying shall be completed outside normal working hours. • Coursework shall be of such a nature and level of demand as to not interfere with an employee’s work performance, capacity to work, concentration, alertness or any other measure of performance.
Section 5.05 Page 1 of 2
Policy: Tuition Reimbursement Adopted: M2007-0143 Effective: 10/1/2007 Revised: 11/18/14
• After the class has been completed, the employee must provide a photocopy of the grade sheet and the original receipt for tuition. The employee will be reimbursed for a grade of “C” or better. • The employee must remain with the City for one (1) year after completing the class, or reimburse the City for the total cost of any class taken in the previous one (1) year.
Procedures Steps to take to receive authorization: • Requests for tuition reimbursement should be made in the prior year budget cycle to ensure that the Department Director can include the funds in the budgeting process. • Before enrolling in a class, the employee must discuss the course in which she/he is interested with the employee’s supervisor. The purpose of this discussion is to define and determine the job relatedness of the course proposed and facilitate the approval process. • Complete the top half of a Tuition Reimbursement Form and submit it to the supervisor for approval. Be sure to include the course description.
Steps to take to receive reimbursement: • Upon completion receipt of tuition invoice of the course, complete the bottom half of the Tuition Reimbursement Form and obtain the appropriate signatures. Attach a photocopy of the grade sheet, the original receipt for tuition and a completed expense voucher. • Submit all approved paperwork to your department director for processing. • After the class has been completed, the employee must provide a photocopy of the grade sheet and the original receipt for tuition to the Human Resources department for the employee’s personnel file. The employee will be reimbursed for a grade of “C” or better.
Budget Constraints If the City receives requests for more money than is available in a departmental budget, the department director will attempt to equitably distribute the funds among the participants.
Ineligible The following items do not qualify for tuition reimbursement: • Charges for books, supplies, student union membership, student health coverage, parking permits, activity tickets, laptops, Internet fees, and other charges for which the employee receives some item or service other than actual credit hour tuition. • Credit hour tuition paid by scholarships, grants, government assistance and/or educational assistance from other sources. Employee must disclose any educational assistance received from other sources for credit hours. The City will pay the credit hour cost difference between outside educational assistance received and actual credit hour cost. • Credit hour tuition owed to other entities or institutions at the time of employment.
Section 5.05 Page 2 of 2
Policy: Tuition Reimbursement Adopted: M2007-0143 Effective: 10/1/2007 Revised: 11/18/14
• The employee must reimburse the City if he/she doesn’t receive a grade of “C” or drops out of the course.
Violation Falsification of records or failure to comply with this policy in any other way will be subject to discipline up to and including discharge.
Section 5.05 Page 3 of 2 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: Res. 2014-132, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council City Administrator
From: Melanie Schlomann, Finance Director
Subject: Water, Sewer, Storm Water, and Refuse Rates
Action Requested: The Northfield City Council is being asked to approve the attached resolution that sets the rates for the City’s utility operations for next year.
Summary Report: Attached is a resolution for proposed utility rates for 2015. After multiple work sessions discussing options, the following is staff recommendations for 2015.
Water - Rates stay flat. Base rate is restructured to a true base rate with no water included. Water previously included in the base will have a tier created for it, or option #2 as stated in attachment “2 - 2015 Water Fund Rate Options”.
Wastewater (Sewer) - 3% increase in 2015.
Storm Water - 6% increase in 2015.
Garbage - Rates stay flat.
A utility rate study was done by Ehlers and Associates over the last few months. The water rate restructure was part of this study. The goal is to pull the water out of the base charge while keeping revenue for the water fund fairly neutral. We have a new structure that will do just that across all classes of water use. To meet state regulation in regards to water conservation, the proposed plan is set forth for implementation. As a result, we anticipate conservation of water to occur with the new rate structure. One concern if this happens is our revenue will decrease for not only the Water Fund, but also the Wastewater (Sewer) Fund. The Water and Wastewater charges are tied to usage. While that very well will be the case moving forward, one factor that was intentionally ignored in the study was future growth and development. Northfield is fortunate to have steady growth each year, even with the last recession. This growth would be the factor that would keep our revenue projections at the level anticipated in the case of water conservation as a result of the rate restructure even with the most conservative of development projections used. The Wastewater fund structure did not include water in the base charge, so that portion is not changing. We are only asking for a 3% increase in both the base charge and the consumption charge.
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Current Fund Balances The rate study took into account the fund balances of the Utility Enterprise funds. While we don’t have a formal fund balance policy in place, it is common practice to have a fund balance at a level of 50% of operating expense for the year + depreciation + 100% of bond payments for the next year. Staff would like to bring back a fund balance policy for our enterprise funds for Council to adopt that if not these parameters, some that are very similar. In the meantime, the proposed utility rate modifications ensure we meet our debt obligations as well as properly plan for future capital expenditures.
One of the largest challenges presented in the rate study, is the fact that while the fund balance in the Sewer and Storm Water fund are healthy, they will not stay that way with the project load anticipated in the next 5 to 10 years. With that knowledge, we requested a dollar amount available for projects each year for the study. The Wastewater Fund will have approximately $400,000 a year available, and the Storm Water has very little excess monies available for projects if we would like to build the fund balance to where it needs to be. These are dependent upon keeping the fund balances healthy. There is money in the funds, we just don’t want to spend it all in case there is an emergency and it is necessary to use it to keep base services functioning. With the little amount of cash available and the large amount of projects, we will be using our Water fund (with Council approval) to loan money to each of these two funds. The City does not have an inter-fund loan policy at this time. With the knowledge this will become a reality in the future; a policy can be drafted and brought to Council before loans from the Water Fund occur. The proposal at this time is a ten year loan term and 3% interest. The challenge for staff with all of the projects in the Wastewater and Storm Water fund is to set a realistic timeline for repairs, and prioritize what order the repairs need to be made in. This will be discussed on November 25th with the presentation of the CIP. An Interfund loan policy or even guidelines is difficult to ascertain until the final rate structure is adopted by Council. At which point, the CIP will be able to be finalized and future policy considerations will be made.
Alternative Options: Council, as always, has an option to amend the proposal or simply not move forward with increases or modifications to the rate structure. Additionally, Council may choose to delay the rate increase until mid-year.
None of these options are recommended by staff. We know we have many projects to simply maintain our infrastructure on the horizon. While staff is figuring out the timeline, the projects are not going away. The restructured water charge is in compliance with the DNR best practices for water conservation. And finally, we have a third party user of our Sewer System. We would need to review the contract to determine if we can make a mid-year change in their rates. This user has contacted the Finance Department and is anticipating the rate increase being recommended by staff for the first of the year.
Financial Impacts: Moderate rate increase in the Wastewater and Storm Sewer fund will compound and help us reach the needed capital for infrastructure maintenance projects. The Water restructure is anticipated to be a revenue neutral transition.
Tentative Timelines: Resolution passes on November 18, 2014. Rates for Water and Wastewater will be effective with the February 2015 billing that covers January 2015 consumption and Storm water rate increases shall be effective with the January 2015 bills.
City of Northfield Page 2 of 2 Printed on 11/13/2014 powered by Legistar™ CITY OF NORTHFIELD, MN CITY COUNCIL RESOLUTION 2014-132
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTHFIELD, MINNESOTA ADOPTING UTILITY FEE SCHEDULE FOR 2015
WHEREAS, the city of Northfield provides water, sewer, storm water and refuse collection utility services to property owners; and
WHEREAS, property owners receiving these services are charged a fee based upon usage or other basis; and
WHEREAS, the fees charged are required to cover the costs associated with providing water, wastewater, storm water and refuse collection services; and
WHEREAS, the city has issued utility revenue bonds to cover the costs of constructing and reconstructing water, wastewater and storm water utility infrastructure as part of the services provided; and
WHEREAS, the fees collected must cover all of the costs of the utility services provided including debt service on bonds issued for utility infrastructure purposes as well as provide cash reserves for smaller capital improvements for which bonds are not issued; and
WHEREAS, the city is required to have the fees cover these costs now and in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT:
The following monthly rates are adopted effective January 1, 2015: 2015 2014 Change WATER RATES: $ % Single Family Residential - Meter Base Charge $ 7.00 Flat base 2015 $ 12.93 $ (5.93) -45.86% Tier I - 1 to 500 cubic feet 1.18 per 100 cubic feet In Base $ - Tier II - 501 to 1,000 cubic feet 1.42 per 100 cubic feet $ 1.37 $ 0.05 3.65% Tier III - 1,001 to 2,000 cubic feet 1.78 per 100 cubic feet $ 1.71 $ 0.07 4.09% Tier IV - Over 2,001 cubic feet 2.23 per 100 cubic feet $ 2.06 $ 0.17 8.25%
Water - Other Class Meter Base Charge $ 7.00 Flat base 2015 $ 12.93 $ (5.93) -45.86% Tier I - 1 to 500 cubic feet 1.18 per 100 cubic feet In Base Tier II - 501 to 2,500 cubic feet 1.42 per 100 cubic feet $ 1.37 $ 0.05 3.65% Tier III - 2,501 to 5,000 cubic feet 1.78 per 100 cubic feet $ 1.71 $ 0.07 4.09% Tier IV - Over 5,001 cubic feet 2.23 per 100 cubic feet $ 2.06 $ 0.17 8.25%
Water - Other Class 2 Meter Base Charge $ 7.00 Flat base 2015 $ 74.58 $ (67.58) -90.61% Tier I -1 to 5,000 cubic feet 1.18 per 100 cubic feet In Base $ - Tier II - 5,001 to 15,000 cubic feet 1.42 per 100 cubic feet $ 1.37 $ 0.05 3.65% Tier III - 15,001 - 150,000 cubic feet 1.78 per 100 cubic feet $ 1.71 $ 0.07 4.09% Tier IV - Over 150,001 cubic feet 2.23 per 100 cubic feet $ 2.06 $ 0.17 8.25%
SEWER RATES: Sewer Base Charge $ 7.77 $ 7.54 $ 0.23 3.05% Consumption Charge (volume) $ 4.13 per 100 cubic feet $ 4.01 $ 0.12 2.99% BOD $ 0.62 per lb $ 0.60 $ 0.02 3.33% TSS $ 0.64 per lb $ 0.62 $ 0.02 3.23%
STORM SEWER RATES: Base Charge - per acre $ 15.70 per acre $ 14.81 $ 0.89 6.01%
REFUSE COLLECTION RATES: Drive by service $ 9.88 Flat fee per mo. $ 9.88 $ - 0.00% 14 Gallon Container $ 10.10 Flat fee per mo. $ 10.10 $ - 0.00% 35 Gallon Container $ 12.30 Flat fee per mo. $ 12.30 $ - 0.00% 64 Gallon Container $ 16.70 Flat fee per mo. $ 16.70 $ - 0.00% 96 Gallon Container $ 21.40 Flat fee per mo. $ 21.40 $ - 0.00%
BE IT FURTHER RESOLVED: The rate change for sewer charges will be effective with the February 2015 billing that covers January 2015 consumption; and,
Storm water rate increases shall be effective with the January 2015 bills. PASSED by the City Council of the City of Northfield on this 18th day of November, 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL City of Northfield 2015 Water Fund Rate Options
Existing Rates Option #1 ‐ Eliminate Base Consumption Option #2 ‐ Add Base Usage as New Tier
Residential Residential Residential Cubic Feet Rate Consumption Charge Cubic Feet Rate Consumption Charge Cubic Feet Rate Consumption Charge Base Charge 500$ 12.93 22,042,283 $ 762,301.00 Flat Fee$ 7.00 4,913 $ 412,692.00 Flat Fee$ 7.00 4,913 $ 412,692.00 10% Discount Usage < 500 (1.29) ‐ (39,348.58) N/A ‐ ‐ ‐ N/A ‐ ‐ ‐ Tier 1 501 ‐ 1,000 1.37 7,621,535 104,415.03 0 ‐ 1,000 1.39 29,663,818 412,327.07 500 1.18 22,042,283 260,098.94 Tier 2 1,001 ‐ 2,000 1.71 3,748,364 64,097.02 1,001 ‐ 2,000 1.67 3,748,364 62,597.68 501 ‐ 1,000 1.42 7,621,535 108,225.80 Tier 3 +2,000 2.06 5,033,194 103,683.80 +2,000 2.09 5,033,194 105,193.75 1,001 ‐ 2,000 1.78 3,748,364 66,720.88 Tier 4N/AN/A ‐ ‐ N/A N/A ‐ ‐ +2,000 2.23 5,033,194 112,240.23 Totals 38,445,376 $ 995,148.27 38,445,376 $ 992,810.50 38,445,376 $ 959,977.85
Class 1 Class 1 Class 1 Cubic Feet Rate Consumption Charge Cubic Feet Rate Consumption Charge Cubic Feet Rate Consumption Charge Base Charge 500$ 12.93 1,714,675 $ 67,805.00 N/A$ 7.00 437 $ 36,708.00 N/A$ 7.00 437 $ 36,708.00 Tier 1 501 ‐ 2,500 1.37 3,137,394 42,982.30 0 ‐ 2,500 1.39 4,852,069 67,443.76 500 1.18 1,714,675 20,233.17 Tier 2 2,501 ‐ 5,000 1.71 1,392,180 23,806.28 2,501 ‐ 5,000 1.67 1,392,180 23,249.41 501 ‐ 2,500 1.42 3,137,394 44,550.99 Tier 3 +5,000 2.06 1,305,060 26,884.24 +5,000 2.09 1,305,060 27,275.75 2,501 ‐ 5,000 1.78 1,392,180 24,780.80 Tier 4N/AN/A ‐ ‐ N/A N/A ‐ ‐ +5,000 2.23 1,305,060 29,102.84 Totals 7,549,309 $ 161,477.82 7,549,309 $ 154,676.92 7,549,309 $ 155,375.80
Class 2 Class 2 Class 2 Cubic Feet Rate Consumption Charge Cubic Feet Rate Consumption Charge Cubic Feet Rate Consumption Charge Base Charge 5,000$ 74.58 7,902,634 $ 115,450.00 N/A$ 7.00 129 $ 10,836.00 N/A$ 7.00 129 $ 10,836.00 Tier 1 5,001 ‐ 15,000 1.37 7,907,833 108,337.31 0 ‐ 15,000 1.39 15,810,467 219,765.49 5,000 1.18 7,902,634 93,251.08 Tier 2 15,001 ‐ 150,000 1.71 19,605,383 335,252.05 15,001 ‐ 150,000 1.67 19,605,383 327,409.90 5,001 ‐ 15,000 1.42 7,907,833 112,291.23 Tier 3 +150,000 2.06 20,797,694 428,432.50 +150,000 2.09 20,797,694 434,671.80 15,001 ‐ 150,000 1.78 19,605,383 348,975.82 Tier 4N/AN/A ‐ ‐ N/A N/A ‐ ‐ +150,000 2.23 20,797,694 463,788.58 Totals 56,213,544 $ 987,471.86 56,213,544 $ 992,683.19 56,213,544 $ 1,029,142.71
Grand Totals 102,208,229 $ 2,144,097.95 102,208,229 $ 2,140,170.61 102,208,229 $ 2,144,496.36
Water Only Impact Analysis Residential Class 1 Class 2 Cubic Feet Existing Option #1 Option #2 Cubic Feet Existing Option #1 Option #2 Cubic Feet Existing Option #1 Option #2 Low Water User 200 $ 11.64 $ 9.78 $ 9.36 200 $ 12.93 $ 9.78 $ 9.36 1,500 $ 74.58 $ 27.85 $ 24.70 $ Difference (1.86) (2.28) (3.15) (3.57) (46.73) (49.88) % Difference ‐15.98% ‐19.59% ‐24.36% ‐27.61% ‐62.66% ‐66.88%
Median Water User 500 $ 12.93 $ 13.95 $ 12.90 1,000 $ 19.78 $ 20.90 $ 20.00 7,000 $ 101.98 $ 104.30 $ 94.40 $ Difference 1.02 (0.03) 1.12 0.22 2.32 (7.58) % Difference 7.89% ‐0.23% 5.66% 1.11% 2.27% ‐7.43%
High Water User 1,000 $ 19.78 $ 20.90 $ 20.00 2,100 $ 34.85 $ 36.19 $ 35.62 17,000 $ 245.78 $ 248.90 $ 243.60 $ Difference 1.12 0.22 1.34 0.77 3.12 (2.18) % Difference 5.66% 1.11% 3.85% 2.21% 1.27% ‐0.89%
MOM Brands (9 accounts) 1,282,000 $ 24,597.51 $ 24,692.75 $ 26,228.33 $ Difference 95.24 1,630.82 % Difference 0.39% 6.63%
11/4/2014 City of Northfield Impact Analysis - 5 Years - Option #2 Utility Rate Study
Total Utility Bill Impact Analysis
RESIDENTIAL CLASS 1 CLASS 2 Existing Option #2 Existing Option #2 Existing Option #2 Cubic Feet 2014 2015 2016 2017 2018 2019 Cubic Feet 2014 2015 2016 2017 2018 2019 Cubic Feet 2014 2015 2016 2017 2018 2019 Low Water User Water Bill 200 $ 11.64 $ 9.36 $ 9.36 $ 9.36 $ 9.36 $ 9.36 200 $ 12.93 $ 9.36 $ 9.36 $ 9.36 $ 9.36 $ 9.36 1,500 $ 74.58 $ 24.70 $ 24.70 $ 24.70 $ 24.70 $ 24.70 Sewer Bill 200 15.56 16.03 16.51 17.00 17.52 17.52 200 15.56 16.03 16.51 17.00 17.52 17.52 1,500 67.69 69.72 71.81 73.97 76.19 76.19 Storm Sewer Bill 4.82 5.11 5.42 5.75 6.10 6.47 52.75 55.92 59.28 62.84 66.61 70.61 62.92 66.70 70.70 74.94 79.44 84.21 Total Utility Bill $ 32.02 $ 30.50 $ 31.29 $ 32.11 $ 32.98 $ 33.35 $ 81.24 $ 81.31 $ 85.15 $ 89.20 $ 93.49 $ 97.49 $ 205.19 $ 161.12 $ 167.21 $ 173.61 $ 180.33 $ 185.10 $ Difference$ (1.52) 0.79 0.82 0.87 0.37 $ 0.07 $ 3.84 $ 4.05 $ 4.29 $ 4.00 $ (44.07) $ 6.09 $ 6.40 $ 6.72 $ 4.77 % Difference ‐4.747% 2.588% 2.621% 2.701% 1.122% 0.086% 4.722% 4.756% 4.806% 4.279% ‐21.478% 3.779% 3.828% 3.869% 2.645%
Median Water User Water Bill 500 $ 12.93 $ 12.90 $ 12.90 $ 12.90 $ 12.90 $ 12.90 1,000 $ 19.78 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 7,000 $ 101.98 $ 94.40 $ 94.40 $ 94.40 $ 94.40 $ 94.40 Sewer Bill 500 27.59 28.42 29.27 30.15 31.06 31.06 1,000 47.64 49.07 50.54 52.06 53.62 53.62 7,000 288.24 296.87 305.79 314.97 324.42 324.42 Storm Sewer Bill 5.66 6.00 6.36 6.74 7.14 7.57 110.60 117.24 124.27 131.73 139.63 148.01 104.08 110.32 116.94 123.96 131.40 139.28 Total Utility Bill $ 46.18 $ 47.32 $ 48.53 $ 49.79 $ 51.10 $ 51.53 $ 178.02 $ 186.31 $ 194.81 $ 203.79 $ 213.25 $ 221.63 $ 494.30 $ 501.59 $ 517.13 $ 533.33 $ 550.22 $ 558.10 $ Difference$ 1.14 $ 1.21 $ 1.26 $ 1.31 $ 0.43 $ 8.29 $ 8.50 $ 8.98 $ 9.46 $ 8.38 $ 7.29 $ 15.54 $ 16.20 $ 16.89 $ 7.88 % Difference 2.469% 2.555% 2.596% 2.625% 0.842% 4.657% 4.562% 4.610% 4.641% 3.930% 1.475% 3.098% 3.133% 3.166% 1.432%
High Water User Water Bill 1,000 $ 19.78 $ 20.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 2,100 $ 34.85 $ 35.62 $ 35.62 $ 35.62 $ 35.62 $ 35.62 17,000 $ 245.78 $ 243.60 $ 243.60 $ 243.60 $ 243.60 $ 243.60 Sewer Bill 1,000 47.64 49.07 50.54 52.06 53.62 53.62 2,100 91.75 94.50 97.34 100.26 103.27 103.27 17,000 689.24 709.87 731.22 753.15 775.75 775.75 Storm Sewer Bill 17.93 19.01 20.15 21.36 22.64 24.00 332.31 352.25 373.39 395.79 419.54 444.71 327.47 347.12 367.95 390.03 413.43 438.24 Total Utility Bill $ 85.35 $ 88.08 $ 90.69 $ 93.42 $ 96.26 $ 97.62 $ 458.91 $ 482.37 $ 506.35 $ 531.67 $ 558.43 $ 583.60 $ 1,262.49 $ 1,300.59 $ 1,342.77 $ 1,386.78 $ 1,432.78 $ 1,457.59 $ Difference$ 2.73 $ 2.61 $ 2.73 $ 2.84 $ 1.36 $ 23.46 $ 23.98 $ 25.32 $ 26.76 $ 25.17 $ 38.10 $ 42.18 $ 44.01 $ 46.00 $ 24.81 % Difference 3.199% 2.962% 3.010% 3.037% 1.413% 5.112% 4.971% 5.001% 5.033% 4.507% 3.018% 3.243% 3.278% 3.317% 1.732%
MOM Brands (All accounts) Water Bill 1,282,000 $ 24,597.51 $ 26,228.33 $ 26,228.33 $ 26,228.33 $ 26,228.33 $ 26,228.33 Sewer Bill 1,178,000 28,690.62 30,105.79 31,570.57 33,075.69 34,625.96 34,625.96 BOD/TSS Bill 55,828.57 56,667.94 57,507.31 58,346.67 59,186.04 59,186.04 Storm Sewer Bill 2,336.85 2,477.06 2,625.68 2,783.22 2,950.21 3,127.22 Total Utility Bill $ 111,453.55 $ 115,479.12 $ 117,931.89 $ 120,433.91 $ 122,990.54 $ 123,167.55 $ Difference $ 4,025.57 $ 2,452.77 $ 2,502.02 $ 2,556.63 $ 177.01 % Difference 3.612% 2.124% 2.122% 2.123% 0.144%
11/7/2014 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-187, Version: 1
City Council Meeting Date: November 18, 2014
To: Mayor and City Council
From: Nick Haggenmiller, City Administrator
Subject: Review of TIF 4 Project Matrix
Action Requested: The Northfield City Council is asked to review the updated TIF4 Project Matrix and discuss next steps in project process.
Discussion Goals: 1. Re-familiarize Council with TIF Modification [permitted & prohibited uses] 2. Review current status of previously approved Council projects and priorities. 3. Discuss next steps including new or emerging projects, priorities and overall funding allocations.
Summary Report:
Background While the original redevelopment district dates back to March of 1986, the focus for this report is more recent action, specifically 2013 forward. In December of 2013, the City Council officially modified the Tax Increment Finance Plan on file with Rice & Dakota Counties via Resolution 2013-157. [Attachment Resolution 2013-157] This resolution amended the qualifying expenses for use moving forward. This did not impact the overall collection rate, duration of the TIF district or the geographic boundaries of the redevelopment area.
TIF Modification [Attachment: TIF Modification 2013] The modification includes a revised project budget and classification of projects that have undergone legal review of our City Attorney and an independent TIF attorney, and has been approved by local governing bodies. The modification allows for both specific action and also broad use of funds based on general classification.
Previous Council discussion has centered on determining if a particular request, project or concept is a permitted use of funds. Minnesota State Statute 273.71-78 explicitly states:
The revenues shall be used for the following purposes: 1. To pay principal and interest on bonds used to finance the project; 2. To finance or otherwise pay the capital and administrative expenses of the Master Development District; 3. To pay for project costs identified in the budget; and
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4. To finance or otherwise pay for other purposes as provided in M.S., Section 469.176
Therefore, several projects have been removed from this sheet as they do not have legal authority for use under this program, signage being one of the key projects removed post legal review. Other prohibited items include the construction or renovation of a municipally owned facility. However, it does not “prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality.” For further information, reference pages 5 and 6 of the Modification of TIF Agreement document. As previously discussed, the City Council passed Resolution 2013- 157 that delineates the approved items as listed: 2013 Budget Mod Items Qualified Improvements Land Acquisition Q Block Transit Hub 115,000 Bike/ped bridge over RR (Tiger Grant match) 250,000 Bridge Sq master plan 20,000 Division St enhancement master plan 15,000 Street light-correct faulty lights 106,000 DT district parking improvements 650,000 Garbage dumpster corrals 15,000 Newspaper vending corrals 20,000 Bench additions 10,000 Gateway corridor enhancements 190,000 W Riverwalk access 35,000 Trail between 2nd St and Olav Ave 40,000 Historic district street lighting 75,000 Streetscape-urban edge 145,000 Highway 3 Enhancements 75,000 Streetscape-Division St 100,000 Riverwall repair 300,000 Total 1,511,000 650,000
Proposed Projects & Project Status [Attachment TIF4 Matrix] A now decommissioned taskforce was largely responsible for the formation of a project matrix. Many projects, more than was budgeted for in the overall TIF Financing Plan, were discussed and brought forward by the taskforce for Council consideration over the course of several years. A number of these were approved by Council; others were allowed to proceed with project planning and a great deal were simply conceptual. Additionally and more recently, other items have been added to reflect the City Council Work Plan and current projects underway.
Over the last month, staff has focused on updating the project matrix to reflect projects that have received City Council authority to proceed. These projects were further refined to reflect the best possible breakdown of total project cost and how it relates to other financial measures such as the CIP and 2014-2015 Budget. The current project list and status of each item is included as an attachment to this report. The list is reflective of the TIF modification and Council approved actions and clearly shows the project status. The matrix is broken down into two primary sections: one is more or less ‘shovel ready’ or even currently being implemented, and the second category requires additional Council direction.
Alternative Options:
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An additional portion of this Council workshop should discuss items not necessarily listed but may fit the permitted uses of funding. Regardless, the general consensus of this discussion should be reflected in modifications to the Council Work Plan which is slated for update in the next few weeks.
Financial Impacts: The updated project matrix includes alternative and additional funding sources that have been committed into various projects. The intent is to show how it impacts other financial areas such as the CIP and 2014-2015 Budget. Additionally, it will help show Council any suspected funding gaps that need to be addressed prior to project implementation.
Specifically, in regards to the TIF4 project fund, please reference this table:
TIF4 Fund Balance Current Fund Balance 1,413,729 Projects in Process/Encumbered [Blue] 574,000
Balance 839,729
Projects with Planning Authorized [Orange]945,000
Balance remaining -105,271
Tentative Timelines: Pending Council discussion and timeline, individual project timelines will be drafted and brought back to the Council for consideration.
City of Northfield Page 3 of 3 Printed on 11/13/2014 powered by Legistar™ CITY OF NORTHFIELD, MINNESOTA
RESOLUTION NO. 2013- 157
RESOLUTION APPROVING AN ADMINISTRATIVE AMENDMENT TO BUDGET FOR TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT (MUNICIPAL DEVELOPMENT DISTRICT NO. 4 /ALSO KNOWN AS REDEVELOPMENT DISTRICT # 1)
BE IT RESOLVED by the City Council ( the " Council ") of the City of Northfield, Minnesota (the " City "), as follows:
Section 1. Recitals.
1. 01. The City has previously established Municipal Development District No. 4 ( the Project Area ") and adopted a Development Program, as amended ( the " Development Program "). The City has also established the Downtown Tax Increment Financing District (the TIF District ") within the Project Area, and adopted a Tax Increment Financing Plan ( the " TIF Plan ") therefor.
1. 02. The City desires to amend the TIF Plan as set forth in Exhibit A to provide for administrative changes to the budget set forth therein (the " Amendment ").
1. 03. The Amendment does not increase the total estimated tax increment expenditures, the amount of bonded indebtedness, capitalized interest, or make any other changes described in Minnesota Statutes, Section 469. 175, subd. 4, that would require a new public hearing.
Section 2. Approval and Adoption of Amendment.
2. 01. The City finds that its objectives in encouraging development and redevelopment within the Project Area and TIF District would be advanced by adoption of the Amendment to the TIF Plan.
2. 02. The Amendment to the TIF Plan is hereby approved and adopted by the City as set forth in Exhibit A hereto.
Approved by the City Council of the City of Northfield this 10th day of December, 2013.
ATTEST
City Clerk Mayor
VOTE: GRAHAM N DELONG N LUDESCHER NAKASIAN 1( PETERSON WHITE POWNELL ZWEIFEL Exhibit A
See attached Plan: 2013 MOD TIF plan downtown development district TIF Projects and Project Ideas
Council Grant Line Project Name Project Description Project Estimate CIP Other Funding TIF $ Funding Gap Comments and Next Steps Status Funding
A. FUNDS HAVE BEEN ALLOCATED
Needs Council Paving of the east side Cannon River trail between Northfield Review due to $40,000 (Park) A.1 East River Trail Paving and Dundas that will be constructed with DNR and rotary grant $1,340,161 $0 $454,500 $160,075 $625,586 Being designed, pursuing ACE permit project $60,000 (Dundas) funding. changes
Transit Hub funding includes only site Local share of transit hub funded by Federal Transit dollars Q Block Transit Hub Match, & Site hazardous materials clean-up; Streat and A.2 and assistance for site development to accommodate both $115,000 $0 NA NA $115,000 $0 Development site work is the next step for site Transit Hub and Depot reolocation to the Q Block development.
Purchase of the bulding at 219 S. Water Street and site Funds Property has been purchased, demo and A.3 Fink Water Street Property $80,000 $80,000 NA NA $80,000 $0 expenses for future development option. allocated asbestos abatement to be completed
Includes street-lighting study and design Downtown Enhancement Projects Division Street Enhancements Master Plan and Design Funds A.4 $15,000 $0 NA NA $15,000 $0 guidelines for Division St. between 2nd Planning Standards allocated and 8th Streets, and sidestreets.
Project TH3 & Third Street Intersection Intersection improvements creating a safe passage across TH3 Approved, Council approval of design, go out for A.5 $275,000 $275,000 NA NA $275,000 $0 Enhancements along third street need funding bids, construct in 2015 approval
Ready for Council approval of interior wall design, 303-305 Interior River Wall Per 303-305 development agreement, reconstruct interior River A.6 Council $200,000 $17,000 NA NA $100,000 $0 go out for bids, possible 2014 Reconstruction Wall Review construction
Project is going out for bids, council will Funds A.7 LIBRARY Streetscape enhancements, new sidewalk, ect $54,000 NA $2,000,750 $54,000 $0 need to approve a bid and construction allocated $54,000 will start
Possible partners: Econofoods; Forget- Cost sharing program for businesses to use the City’s Private/Public Urban Edge Funds Me-Not Florist; Witt Bros. Also A.8 streetscape elements along the edges of private properties to 145,000 0 NA NA $145,000 $0 Enhancements allocated encompasses next Division Street project create a cohesive look within the district. from 6th Street south.
$574,000 Total
B. POTENTIAL PROJECTS FOR CIP
City Council parking subcommittee has recommended 3 possible Purchase of property and site development of same to address Needs Council B.1 Parking Improvements 0 ?? ?? sites:Washington St between 2nd and inadequate parking supply in the Downtown District direction $650,000 $650,000 $0 3rd, corner of Hwy 3 and 2nd, Premier Bank corner Design a dumpster enclosure for replication at multiple sites. Needs Council Priority projects are parking lots at 4th & B.2 Garbage Dumpster Corrals $15,000 0 ?? NA $15,000 $0 Provide matching funds for interested businesses. direction Washington/3rd & Washington
Needs Council Council needs to decide if this is a B.4 Newspaper Vending Corrals Design and build 5 vending corrals with a 5 box capacity $20,000 0 ?? NA $20,000 $0 direction priority we will dedicate TIF funding to.
Locate and install benches in the downtown, gaining property Needs Council Council needs to decide if this is a B.5 Bench additions $10,000 0 ?? NA $10,000 $0 owner support direction priority we will dedicate TIF funding to.
West Riverwalk access from south to Priority for discussion as a tie-in to the 2nd St. Downtown Trail Connectivity issues. Design of trail and identification of trail easement on the west Needs Council B.6 0 ? ? Council needs to direct staff to move side of the River south of the 2nd St. bridge direction $35,000 $35,000 $0 forward if interested in this as a project for the CIP
Original part of the Crossing Trail linking 2nd St. with St. Olaf Ave. Install bituminous trail between the Crossing and the Cannon Needs Council development, council needs to direct staff B.7 $40,000 0 ? ? $40,000 $0 on west side of Cannon River direction if they wish to move forward, it will then be placed in the CIP
Council needs to direct staff to move Division St./Historic District Lighting Initial construction phase following adoption of Division St. Needs Council B.8 $75,000 0 ? ? $75,000 $0 forward with the project. Staff will then Enhancement Master Plan direction integrate into the CIP
This project is in the 2018 Capital Improvement Plan, Council needs to 2018 work planned for Division Street from 6th to 8th and 7th Needs Council B.9 Streetscape Improvements 0 ? ? decide if they wish to use TIF as a Street from Water to Washington direction $100,000 $100,000 $0 funding source for the streetscape portion of the work
$945,000 Total DOCUMENT FOR COUNCIL
MODIFICATION TO THE TAX INCREMENT DISTRICT PLAN FOR MUNICIPAL DEVELOPMENT DISTRICT #4 (THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT/ALSO KNOWN AS REDEVELOPMENT DISTRICT #1) (a redevelopment district)
CITY OF NORTHFIELD DAKOTA AND RICE COUNTIES STATE OF MINNESOTA
ORIGINAL PLAN: February 20, 1986 ADOPTED: March 17, 1986 #86-96 & #86-97 AMENDED: June 17, 1991 ADOPTED: November 7, 2005 MODIFICATION ADOPTED: December 10, 2013
Modification prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com
TABLE OF CONTENTS MODIFICATION TO THE TAX INCREMENT DISTRICT PLAN FOR THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT (MUNICIPAL DEVELOPMENT DISTRICT NO. 4/ALSO KNOWN AS REDEVELOPMENT DISTRICT #1)
Tax Increment Financing District Plan
A. Statement of Purpose 1 B. Statutory Authority 1 C. Property Description 1 D. Classification of Districts 2 E. Duration of Program 2 F. Modification of Plan 2 G. Limitation on Administrative Expenses 3 H. Limitation on Duration of Districts 3 I. Limitation on Qualification of Property Not Improved 3 J. Limitation on Use of Tax Increment 3 K. Notification of Prior Planned Improvements 4 L. Excess Tax Increments 4 M. Development Agreements 5 N. Assessment Agreements 5 O. Administration 5 P. Annual Disclosure 5 Q. Municipal Findings 6
Tax Increment Financial Plan
A. Statement of Purpose 7 B. Source and Use of Funds 7 C. Estimated Jurisdictional Impact 9 D. Original Assessed Value 12 E. Estimated Captured Assessed Value 12 F. Bond Considerations 12
Exhibit A Municipal Development District #4 Map (also known as the Downtown TIF District and also known as Redevelopment District #1)
Exhibit B Parcels to be Eliminated from Municipal Development District #4 (also known as the Downtown TIF District and also known as Redevelopment District #1)
MODIFICATION TO THE TAX INCREMENT DISTRICT PLAN FOR THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT (MUNICIPAL DEVELOPMENT DISTRICT NO. 4)
A. STATEMENT OF PURPOSE
To assist with implementation of the Development Program established by Municipal Development District #4, the City of Northfield intends to establish a tax increment financing district pursuant to Minnesota State Statutes 273.71-78. This tax increment financing district plan is drafted to reflect the Development Program as established by Municipal Development District #4 and hereby adopts said Development Program for incorporation by reference.
(AS MODIFIED DECEMBER 10, 2013)
The Tax Increment Financing Plan for Municipal Development District #4 is being modified in order to identify future public improvements and to modify the budget to reflect future projects and to align it with existing Office of the State Auditor standards.
B. STATUTORY AUTHORITY
The City of Northfield is authorized to establish a tax increment district pursuant to Minnesota State Statutes 273.71-78.
C. PROPERTY DESCRIPTION
Pursuant to Minnesota State Statutes 273.71-78, the City of Northfield hereby establishes the following districts:
Redevelopment District #1 Redevelopment District #2
Each District is identified by map identified as Exhibit A and by specific parcel listing in Exhibit B - Redevelopment Districts #1 and #2. Said District boundaries may be reduced, but not enlarged after five (5) years following the date of certification of the original value by the County Auditor. Modification of District boundaries may only occur following due process procedures provided by law.
AS MODIFIED NOVEMBER 7, 2005
The boundaries of Redevelopment District #1 are modified to eliminate the parcels listed in Exhibit B.
Property to be Acquired
The City may acquire any parcel within the District, including interior and adjacent street rights of way. Properties will be acquired by the City only in order to accomplish one or more of the following: storm sewer improvements, provide land for needed public street, utilities and facilities; transfer to private developers in order to accomplish the uses and objectives set forth in this TIF Plan. The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 1 finance the acquisition and related costs. The City may also reimburse developers for costs of land acquisition in lieu of direct acquisition by the City.
D. CLASSIFICATION OF DISTRICTS
Each tax increment financing district established within Municipal Development District #4 is hereby classified as a redevelopment district. Each district has been developed in accordance with the redevelopment district requirements as established by Minnesota State Statutes 273.71-78. That is, the Northfield City Council has determined that a minimum of 20% of the buildings within the redevelopment districts are structurally substandard and that an additional 30% of the buildings are in need of substantial renovation or clearance. Additionally, the Northfield City Council has found that a portion of Redevelopment District #1 consists of vacant or unused railroad yards.
For purposes of determining which properties qualify as meeting the minimum requirements established by law, the term structurally substandard is defined as a building which contains defects in structural elements or a condition of deficiencies which are of sufficient total significance to justify substantial renovation or clearance.
E. DURATION OF PROGRAM
The duration of the tax increment financing districts identified as Redevelopment District #1 and Redevelopment District #2 will not exceed twenty-five (25) years from the date of approval of this Tax Increment Financing District Plan and Municipal Development District #4.
AS MODIFIED NOVEMBER 7, 2005
Pursuant to Minnesota Statutes, Section 469.175, Subdivision 1, and Section 469.176 Subdivision 1, the duration of Redevelopment District #1 and Redevelopment District #2 must be indicated within the Plan. Pursuant to Minnesota Statutes, section 469.176 Subdivision 1 (b), the duration of Tax Increment Financing District #4 will be 25 years from the date of receipt of the first increment by the city. The date of receipt by the City of Northfield of the first tax increment was July, 1988. Thus it is estimated that the Tax Increment Financing District, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2013, or when the Plan is satisfied. The City reserves the right to decertify the District prior to the legally required date.
F. MODIFICATION OF PLAN
In accordance with Minnesota Statutes, Section 273.74, Subdivision 4, any reduction or enlargement of the geographic area of the tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determination of capitalized interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the City of Northfield shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the County Auditor.
Redevelopment District #1 and Redevelopment District #2 may therefore be expanded through 1991.
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 2
G. LIMITATION ON ADMINISTRATIVE EXPENSES
In accordance with Minnesota Statutes, Section 273.73, Subdivision 13 and Minnesota Statutes, Section 273.75, Subdivision 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 273.77. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for a project which exceed ten percent (10%) of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less.
H. LIMITATION ON DURATION OF DISTRICTS
Pursuant to Minnesota Statutes, Section 273.75, Subdivision 1, "no tax increment shall be paid to the City of Northfield three years from the date of certification by the County Auditor unless within the three-year period (1) bonds have been issued pursuant to Section 273.77 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Chapter 474, prior to the effective date of the Act; or (2) the City of Northfield has acquired property within the district; or (3) the City of Northfield has constructed or caused to be constructed public improvements within the district. The City must therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1988 or the County Auditor may dissolve the tax increment financing district.
I. LIMITATION ON QUALIFICATION OF PROPERTY NOT IMPROVED
Pursuant to Minnesota Statutes, Section 273.75, Subdivision 6, "if, after four years from the date of certification of the original assessed value of the tax increment financing district..., no demolition, rehabilitation or renovation of parcel or other site preparation or improvement including improvement of a street adjacent to a property but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the City of Northfield or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financing district. If the City of Northfield or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the City of Northfield shall certify to the County Auditor in the annual disclosure report that the activity has commenced. The County Auditor shall certify the assessed value thereof as most recently certified and add said value to the original assessed value of the respective redevelopment district.
J. LIMITATION ON USE OF TAX INCREMENT
All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public redevelopment costs pursuant to Minnesota Statutes. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction or renovation of a municipally owned building used primarily and regularly for conducting the business of the municipality; this provision shall not prohibit the
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 3 use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality.
AS MODIFIED NOVEMBER 7, 2005
The revenues shall be used for the following purposes:
1. To pay principal and interest on bonds used to finance the project; 2. To finance or otherwise may the capital and administrative expenses of the Master Development District; 3. To pay for project costs identified in the budget; and 4. To finance or otherwise pay for other purposes as provided in M.S., Section 469.176 Subd. 4.
K. NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS
Pursuant to Minnesota Statutes, Section 273.76, Subdivision 4, the City has reviewed and searched the properties to be included in the tax increment financing redevelopment districts and found no properties for which building permits have been issued during the 18 months immediately preceding approval of the tax increment financing plan by the City. If a building permit had been issued within the 18 month period preceding approval of the tax increment financing plan by the City, the County Auditor shall increase the original assessed value of the district by the assessed valuation of the improvements for which the building permit was issued, excluding the assessed valuation of improvements for which a building permit was issued during the three month period immediately preceding said approval of the tax increment financing plan, as certified by the assessor.
L. EXCESS TAX INCREMENT
In any year which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, the City of Northfield shall utilize any excess amounts to prepay outstanding bonds if any and/or discharge the pledge of tax increment therefore and/or pay into an escrow amount dedicated to the payment of such bond and/or repay any loans including interest on said loans and/or return the excess amounts for redistribution to the respective taxing jurisdictions in proportion to their mill rate as determined by the County Auditor.
AS MODIFIED NOVEMBER 7, 2005
Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following:
1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates.
The City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the City may, subject to the limitations set forth herein, choose to modify the Plan in order to finance additional public costs in the Master Development District or the District
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 4
M. DEVELOPMENT AGREEMENTS
Pursuant to Minnesota Statutes, Section 273.75, Subdivision 5, no more than 10 percent by acreage of the property to be acquired by the City in a redevelopment district shall be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Section 273.77 without the City having prior to acquisition, concluded an agreement for the development of the property acquired and which provides recourse for the City should the development not be completed as permitted by law.
N. ASSESSMENT AGREEMENT
Pursuant to Minnesota Statutes, Section 273.76, Subdivision 8, the City may, upon entering into a development agreement pursuant to Minnesota Statutes, Section 273.75, Subdivision 5, enter into an agreement in recordable form with the developer of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements for the duration of the tax increment district. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the Assessor, to be a reasonable estimate, the Assessor may certify the minimum market value agreement.
O. ADMINISTRATION
Administration of the tax increment financing redevelopment districts will be the responsibility of the City Administrator or his designated appointee.
The tax increment received as a result of increases in the assessed value of the tax increment financing redevelopment districts will be maintained in a special account separate from all other municipal accounts and expended only upon sanctioned municipal activities identified in the tax increment Financing Plan.
P. ANNUAL DISCLOSURE
Pursuant to Minnesota Statutes, Section 273.74, Subdivision 5, the City of Northfield must file an annual disclosure report for all tax increment financing districts. The report shall be filed with the School Board, County Board and the Minnesota Department of Energy and Economic Development as may be required by law. The report shall include the following information:
1. The amount and source of revenue in the account. 2. The amount and purpose of expenditures from the account. 3. The amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness. 4. The original assessed value of the district. 5. The captured assessed value retained by the City of Northfield. 6. The captured assessed value shared with other taxing districts. 7. The tax increment received.
The annual disclosure report is designed to be a two-way medium of information dissemination for both the Office of the County Auditor and the City. Should the auditor want additional information from the City regarding its tax increment financing activities, such information should be requested prior to submission of
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 5 the annual disclosure report by the City. Similarly, the City Council may utilize the annual disclosure report as a means for requesting information from the Office of the County Auditor.
Additionally, the City must annually publish a statement in a newspaper of general circulation in the municipality showing the tax increment received and expended in that year, the original assessed value, the captured assessed value, amount of outstanding bonded indebtedness and any additional information the· City deems necessary.
AS MODIFIED NOVEMBER 7, 2005
Pursuant to M.S., Section 469.175, Subd. 5, 6, and 6b the City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District.
Q. MUNICIPAL FINDINGS
Pursuant to Minnesota Statutes, Section 273.74, Subdivision 3, before or at the time of approval of the tax increment Financing Plan, the City of Northfield shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination:
1. The proposed development or redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Without the use of tax increments to assist with financing development costs, the City of Northfield could not achieve designated development goals and objectives as identified by the Development Program.
2. The tax increment financing plan will afford maximum opportunity and encouragement, consistent with the sound needs of the City as a whole, for development by private enterprise in the area.
3. The tax increment financing plan conforms to the general plan for the development of the City as a whole as it will result in the increase and expansion of the City's economic activity.
4. The tax increment districts to be established are redevelopment districts pursuant to Minnesota Statutes.
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 6
TAX INCREMENT FINANCIAL PLAN
A. STATEMENT OF PURPOSE
Pursuant to the Development Program established for Municipal Development District #4, the Tax Increment Financing District Plan, and Minnesota Statutes 273.71-78, a Financial Plan has been prepared. The Financial Plan provides reasonable projections concerning the estimated costs associated with implementation of the Development Program and tax increment District Plan; provides estimated revenues to be derived from tax increments and other sources; and, provides the estimated impacts to the other taxing jurisdictions as required by State Statutes 273.71-78.
B. SOURCE AND USE OF FUNDS
It is proposed that the necessary improvements to be made within Municipal Development District #4 be financed through a multitude of possible funding sources. The City Council recognizes that all of the desired activities cannot, and should not, be financed entirely by tax increment proceeds. Consequently, the proposed financial plan identifies other funding sources which could be utilized in conjunction with tax increment financing to accomplish the necessary improvements.
Source of Funds Use of Funds
TIF Increments (max. $2,500,000) Parking-Transportation System Imp. Cannon River Corridor Special Assessments Improvements Public Space Improvements Intergovernmental Revenue Property Acquisition-Clearance-Relocation Utility Repairs- City of Northfield Funds Replacements- Relocation Bonding Proceeds Elimination of Blight Conditions Administration- Planning- Loan Proceeds Promotion- Management Private Funds Other Improvements Consistent with the Program Other Available Sources
$5,000,000 $5,000,000
(AS MODIFIED DECEMBER 10, 2013)
Source of Funds Use of Funds
TIF Increments (max. $2,500,000) Parking-Transportation System Imp. Cannon River Corridor Special Assessments Improvements Public Space Improvements Intergovernmental Revenue Property Acquisition-Clearance-Relocation Utility Repairs- City of Northfield Funds Replacements- Relocation Bonding Proceeds Elimination of Blight Conditions Administration- Planning- Loan Proceeds Promotion- Management Private Funds Other Improvements Consistent with the Program Other Available Sources Q Block Transit Hub street and site improvements Public safety improvements near railroad crossing at Highway 3 Bridge Square Master Planning
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 7 Division Street Master Planning and construction Replace defective street lighting along Greenvale Downtown parking improvements Gateway Corridor enhancements-intersection improvements Pedestrian enhancements along streets and the Riverwalk Downtown Historic District street lighting enhancement Streetscape improvements along Highway 3 and on Division Street and 7th Street. River wall repair
AS MODIFIED NOVEMBER 7, 2005
SOURCES OF FUNDS Tax Increment 10,817,135 Interest 910,825 Project Loan 270,000 Buy Back Revenue 68,000 Other 2,500,000 PROJECT REVENUES 14,565,960 Bond Proceeds 6,528,500 Transfers 2,000,000 TOTAL PROJECT/FINANCING REVENUES 23,094,460
(AS MODIFIED DECEMBER 10, 2013)
SOURCES OF FUNDS Tax Increment 10,817,135 Interest 910,825 PROJECT REVENUES 11,727,960
The Financial Plan proposes the expenditure of $5,000,000 of public and private funds through the program's duration. Tax increment revenues and expenditures are proposed to be limited to $2,500,000 of the total.
In an attempt to establish reasonable revenue and expenditure projections, a tax increment proforma was developed. Underlying assumptions made include:
The current real estate tax philosophy will continue into the future. That is, public jurisdictions will derive a proportion of their operating revenues from the real estate tax. Current assessment ratios in affect for commercial and multi-family residential developments will begin a decreasing trend but will continue to be valued at rates somewhat higher than homestead residential property. Mill levy rates established by the local jurisdictions will continue to exist in the range of 130 mills.
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 8 Private investments into taxable fixed assets will vary in degree and timing throughout the life of this program. That is, it is assumed that no single investment will occur at a particular point in time that will contribute all, or substantially all, of the projected tax increment revenue.
Given the aforementioned assumptions, it is estimated that a minimum of $5,000,000 of new taxable market value will have to occur within Municipal Development District #4 between the years of 1986 and 2006 to generate the incremental income projection of $2,500,000. Under 1985 assessed value provisions, it is estimated that the amount of new assessed value captured throughout the program's duration would be approximately $1,750,000. To create the environment necessary to entice and capture such investment, the City of Northfield has determined that it is necessary to inject tax increment revenue and other public financial assistance into Municipal Development District #4 to eliminate blight conditions which presently dissuade private investment.
AS MODIFIED NOVEMBER 7, 2005
The City has determined that tax increment financing is necessary to accomplish redevelopment of a portion of the Project. To facilitate the establishment and development or redevelopment of the Project, this TIF Plan authorizes the use of tax increment financing to pay for certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table below.
USES OF FUNDS Land/Building 5,618,710 Utilities/Streets 5,399,000 Site 3,004,000 Capitalized Interest 154,250 Bond Discount 10,000 Administrative Costs 367,000 Contingency 13,000 PROJECT COST TOTAL 14,565,960 Transfers Out 2,000,000 Bond Principal 6,528,500
The above budget is organized according to the OSA reporting forms. Estimated costs for project and financing expenditures are $23,094,460 as listed above.
(AS MODIFIED DECEMBER 10, 2013)
The City has determined that tax increment financing is necessary to accomplish redevelopment of a portion of the Project. To facilitate the establishment and development or redevelopment of the Project, this TIF Plan authorizes the use of tax increment financing to pay for certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table below.
USES OF FUNDS Land/Building Acquisition 2,660,960 Utilities 500,000 Site Improvements/Preparation 3,700,000 Other Public/Qualifying Improvements 4,500,000
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 9 Administrative Costs 367,000
PROJECT COST TOTAL 11,727,960
Estimated costs associated with the District are subject to change among categories by modification to the Plan through City Council resolution. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to applicable statutory requirements.
The City reserves the right to use other sources of revenue legally applicable to the City and to the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from developer and investment income, to pay for the estimated public costs.
The City reserves the right to incur bonded indebtedness or other indebtedness as a result of the Plan. As presently proposed, the projects will be financed through bonded debt. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness or other indebtedness related to the use of tax increment financing will not exceed $ without a modification to the Plan pursuant to applicable statutes.
This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City may also finance the activities to be undertaken pursuant to the Plan through loans from funds of the City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The City reserves the right to refund any of the $6,528,500 bonds, if issued, to the extent allowed by law.
C. ESTIMATED JURISDICTIONAL IMPACT
This section will outline the possible impacts that may be associated with the use of tax increment financing relative to the concerns of the School District and Rice County. Estimates are made to reflect the program and projection assumptions and do not include modifications which would occur in relationship to valuation changes, mill rate fluctuations, or inflation factors throughout the duration of the program. Basic information includes:
1985 TIF Assessed Values
TIF District #1 and #2 Properties $2,452,034 Existing TIF District Properties 528,941 $2,980,975
The values noted above have been provided by the County Auditor. However, the numbers do not include tax increment valuation which was added in 1985 including the Computer Controlled Machines, Cardinal IG, and Malt-O-Meal projects. To more accurately reflect said projects, the following projected valuations are offered: TIF Assessed Value
TIF District #1 and #2 Properties $2,452,034 Existing TIF District Properties 528,941 CCM-Cardinal-Malt-O-Meal (est.) 1,106,000 $4,086,975
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 10
For purposes of determining the degree to which tax increment assessed value relates to the total assessed value for each respective taxing jurisdiction, the following ratio analysis is provided:
1985 Assessed TIF Value to Valuation Total Value
Rice County $211,846,444 1.929% School District #659* 82,140,624* 4.980% City of Northfield 40,113,401 10.190%
*Includes Rice, Dakota and Goodhue Counties
The more relevant analysis is perhaps that which deals with the assessed value which is projected to occur through new development within the proposed tax increment districts. If one were to assume that the projected increased valuation of $1,750,000 would occur without the use of tax increment financing, then lost tax revenues for each respective taxing jurisdiction could be projected. By applying the percentage of the total mill rate for 1985 levied by each jurisdiction to the projected mill rate and the estimated tax increment received would reveal the annual loss of tax dollars assuming that development would occur without the public assistance.
The finance plan indicates that the City would anticipate a maximum tax increment generated throughout the entire duration of the districts to be $2,500,000. In addition, the plan projects a new assessed valuation based on 1985 assessment procedures of $1,750,000. Because it is not anticipated that the new increment revenue and new assessed value will occur in one year, for purposes of determining estimated impact, it was assumed that the incremental revenue will be received in equal proportions each year throughout the duration of the program. Therefore, based upon 1985 mill rates, the estimated tax revenues received if new development occurred without the use of tax increment financing are projected as follows:
Mills Percent Tax Increment
Rice County 29.914 22.65 22,650 School District #659 63.035 47.72 47,720 City of Northfield 39.133 29.63 29,630 132.082 100.00 100,000*
*$2,500,000 +
Given the aforementioned assumptions, it could be concluded that if the City actually received development in equal proportions beginning in the base year (1986) and each year thereafter, the duration of the districts would not extend to the total of twenty-five (25) years because the multiplier effect generated by tax increment financing would soon meet the maximum established cap of increments to be received of $2,500,000.
Pursuant to the assumptions made, the following table represents the additional mills that would have to be levied to compensate for the loss of tax dollars in estimated tax increments for each taxing jurisdiction. Although the increases in assessed value due to development will not be available for the application of the mill levy for the duration of the tax increment financing district, this new assessed value could eventually permit a mill levy decrease. If it could be assumed that the captured assessed value was available for each
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 11 taxing jurisdiction, the non-receipt of tax dollars represented as tax increments may be determined. This determination is facilitated by estimating how much the mill levy for property outside of the tax increment financing district would have to be increased to raise the same amount of tax dollars in each taxing jurisdiction that would be available if the projects occurred without the assistance of the City.
1985 Assessed Required Tax Increment Value Mills
Rice County 211,846,444 .11 22,650 School District #659 82,140,624 .58 47,720 City of Northfield 40,113,401 .74 29,630
Again, it is extremely difficult to accurately reflect the fiscal impact to each jurisdiction that may be associated with a program such as the one being proposed. What is known is that the program proposes a cap limit of captured tax increments throughout the program's duration to be $2,500,000 in present value terms. Additionally, the proposed captured assessed valuation cap is also estimated by the program to be $1,750,000 in present value terms. The ratio of projected captured assessed value plus existing captured assessed value to the total 1985 assessed valuations of each jurisdiction are:
Rice County 1.58% School District #659 4.08% City of Northfield 8.36%
AS MODIFIED NOVEMBER 7, 2005
The following table shows the comparison of captured tax capacity from the original plan estimate to the captured tax capacity for taxes payable 2005.
Impact on Tax Base 2004/2005 Percent of CTC Total Net Tax Captured Tax Capacity to Entity Total Capacity (CTC) Rice County 41,985,267 214,122 0.5100% City of Northfield 11,068,181 214,122 1.9346% ISD No. 659 19,258,832 214,122 1.1119%
Impact on Tax Rates 2004/2005 Percent of Potential Extension Rates Total (CTC) Taxes Rice County 0.310220 30.50% 214,122 66,425 City of Northfield 0.369900 36.36% 214,122 79,204 ISD No. 659 0.324160 31.87% 214,122 69,410 Other 0.012940 1.27% 214,122 2,771 Total 1.017220 100.00% 217,810
The tax rates used for the calculations are the actual 2004/Pay 2005 tax rates. The total net capacity for the entities listed above are based on the actual Pay 2005 figures.
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 12
D. ORIGINAL ASSESSED VALUE
The 1985 Original Assessed Value for Redevelopment District #1 is $2,452,034 and for Redevelopment District #2 $0 (tax exempt property). These values have been provided by the Rice County Auditor. Annually, the County Auditor will calculate the tax increment payable to each redevelopment district fund based upon the respective increase or decrease in total assessed valuations of each district. In any year in which there is an increase in total assessed valuation, a tax increment will be payable. In any year which the total assessed valuation declines below the original assessed valuation, no assessed valuation is captured and no tax increments will be payable.
Each year following the date of certification of the original assessed value, the County Auditor shall certify the amount of increased or decreased valuation as a result of:
Change in tax exempt status of property; or Reduction or enlargement of the geographic boundaries of a district; or Change due to stipulations, adjustments, negotiated or cost-ordered abatements.
E. ESTIMATED CAPTURED ASSESSED VALUE
During the duration of the program, it is estimated that the captured assessed value will become approximately $1,750,000. It is expected that the captured assessed value will result from private taxable fixed asset investments which occur as a result of implementing the Development Program. It is proposed that the new valuation be captured for a term not to exceed twenty-five (25) years from certification of the original assessed value by the County Auditor. Additionally, it is proposed that the captured assessed value could be pooled among the respective redevelopment districts in accordance with State Statute.
F. BOND CONSIDERATIONS
At this time, it is not proposed that bonds be issued to finance expenditures projected herein. However, if legislation allows for the issuance of bonds, and if so approved by the City Council, it is expected that bonds could be sold to provide financing needed to accomplish the objectives identified by the program. If issued, bonding amounts will be limited by the fiscal ability of the redevelopment activities to generate revenues sufficient to repay the bonds.
If bonds are used, capitalized interest will be calculated equal an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenue to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475 or in excess of limits provided by legislation at the time. Capitalized interest is a function of interest rates, construction schedules and tax timing; therefore, an estimate of capitalized interest will be subject to change.
AS MODIFIED DECEMBER 10, 2013
The City of Northfield has established the District to preserve and enhance the tax base of the City and State, and has provided an impetus for development or redevelopment to occur in the City. The Modification to the Tax Increment District Plan was prepared by Ehlers, Inc. 3060 Centre Pointe Drive, Roseville, MN 55113-1105, telephone (651) 697-8500.
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 13 EXHIBIT "A"
MAP OF MUNICIPAL DEVELOPMENT DISTRICT #4 (THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT/ALSO KNOWN AS REDEVELOPMENT DISTRICT #1)
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 14
EXHIBIT "B"
PARCELS TO BE ELIMINATED FROM MUNICIPAL DEVELOPMENT DISTRICT #4 (THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT/ALSO KNOWN AS REDEVELOPMENT DISTRICT #1)
Parcel Number Alternate ID Address 22.36.4.75.002 22.1172.000 * 110 Water St. N. 22.36.4.75.001 22.1173.000 ** 205 St. Olaf Ave. 22.31.3.50.017 22.1343.000 ** 22.36.4.75.003 22.1171.000 ** 22.31.3.50.018 22.1344.000 ** 22.36.4.75.004 22.1169.000 * 102 Water St. N. 22.36.4.75.007 22.1169.001 * 105 Water St. S. 22.36.4.75.006 22.1169.002 * 22.36.4.75.005 22.1169.003 * 22.36.4.75.008 22.1168.000 ** 109 Water St. S. 22.36.4.75.013 22.1177.000 ** 22.31.3.50.019 22.1346.000 ** 22.36.4.75.009 22.1167.000 ** 22.36.4.75.011 22.1179.000 ** 102 2nd St. W. 22.36.4.75.012 22.1178.000 ** 104 2nd St. W. 22.31.3.50.020 22.1345.000 ** 22.36.4.75.010 22.1166.000 ** 115 Water St. South 22.36.4.75.044 22.1181.001 * 201 Water St. S. 22.36.4.75.043 22.1181.000 * 22.31.3.50.021 22.1347.001 ** 22.31.3.50.022 22.1347.000 ** * These parcels were previously certified in, and are to be eliminated from Municipal Development District No. 4 (Downtown TIF District)/County Identifier #70 to be included in the Riverfront Tax Increment Financing District.
** These parcels are "Knocked Down" parcels that are also being removed from Municipal Development District No. 4 (Downtown TIF District)/County Identifier #70 to be included in the Riverfront Tax Increment Financing District.
City of Northfield Modification to the Tax Increment District Plan for Municipal Development District #4 (Downtown TIF District) 15 City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Legislation Text
File #: 14-214, Version: 1
City of Northfield Page 1 of 1 Printed on 11/13/2014 powered by Legistar™ City Hall City of Northfield 801 Washington Street Northfield, MN 55057 ci.northfield.mn.us Upcoming Agenda Items
City Council
Tuesday, November 25, 2014
TMP-0299 Hospital Board Year End Report
Status: Draft
TMP-0306 Council Finance Committee Report- Finance Policies
Status: Draft
TMP-0313 Final Levy Discussion
Status: Draft
TMP-0321 Bicycle Friendly Community Application Report
Status: Draft
TMP-0373 Grace Whittier Trust Fund Presentation
Status: Draft
TMP-0405 Capital Improvement Plan, Capital Equipment Plan
Status: Draft
TMP-0524 Grant Opportunity Update
Status: Draft
TMP-0404 Budget Presentations - Public works departments, Utility Enterprise funds Status: Draft
Tuesday, December 2, 2014
TMP-0302 Approve Revised Data Practices Policy
Status: Draft
TMP-0544 Approve Temporary Liquor License for St. Dominics School
Status: Draft
Page 1 Printed on 11/13/2014 Thursday, November 13, 2014
TMP-0523 Final Pay - Meadows Interceptor Swale Project
Status: Draft
TMP-0314 Budget/Tax Levy Public Hearing & Approvals
Status: Draft
TMP-0286 Order Improvement and Preparation of Plans and Specifications - 2015 Second Street Reconstruction Status: Draft
TMP-0290 Approve Plans and Specifications and Order Ad for Bids - 2015 Enterprise Park Reclamation Status: Draft
TMP-0424 Final Pay - 2014 Street Reclamation Project
Status: Draft
TMP-0489 Approve Agreement with Northfield Historical Society
Status: Draft
TMP-0336 Stormwater Audit Results/Discussion
Status: Draft
TMP-0284 Public Hearing - Improvement Hearing - 2015 Second Street Reconstruction Status: Draft
Tuesday, December 9, 2014
TMP-0300 Approve Tobacco License Renewals
Status: Draft
TMP-0446 Disbursements
Status: Draft
TMP-0495 Well No. 6 - Accept Bids and Award Contract
Status: Draft
TMP-0547 Skateboard Park Discussion
Status: Draft
TMP-0548 WWTP Watermain Options
Page 2 Printed on 11/13/2014 Thursday, November 13, 2014
Status: Draft
TMP-0292 First Reading of Ordinance Amending Chapter Six - Alcoholic Beverages
Status: Draft
TMP-0551 Review Proposed LDC Amendments
Status: Draft
Page 3 Printed on 11/13/2014