REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 3, 2012 7:00 PM COUNCIL CHAMBERS
CALL TO ORDER _____Rossing ______Buckheit _____ Ganey ____Imm ____Nakasian _____ Pownell _____Zweifel
APPROVAL OF AGENDA
APPROVAL OF MINUTES
PRESENTATIONS Swearing in of new police officer Brian Kramer Badge #6426 Presentation and approval of Resolution 2012-028 - Proclaiming the week of April 8-14 as Library Week
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. Agenda items below are approved by one motion unless a Council member requests separate action. All items approved by majority vote unless noted.
1. Motion – Review of City Disbursements
2. Motion – Approve Payment to Southern Minnesota Initiative Foundation
3. Resolution 2012-027 – Approve Establishment of a Complete Streets Task Force and Appointment of Task Force Members
4. Motion - Award Electrician Services Contract
5. Motion – Approve appointments to the Planning Commission and Arts & Culture Commission
6. Motion - Notice to the Northfield Chamber of Commerce of No Change in Convention & Visitors Bureau Contract until 12.31.12
7. Resolution 2012-029 – Approve DNR Agreement Mill Towns Trail
OPEN PUBLIC COMMENTS Persons may take one opportunity to address the council for three (3) minutes on a topic not on the agenda. 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 may be asked to: Speak only once for no more than two (2) minutes on the topic unless the speaker is addressed by the council; To identify your relationship to the topic (interested citizens included); To have a spokesperson or two for your group to present your comments.
8. Ordinance No. 931 – First Reading of an ordinance amending the Land Development Code
9. Ordinance No. 932 - Second Reading of an ordinance amending City Code Chapter 2 to add Sec. 2-1 – City Wards (Redistricting plan)
10. Motion – Approve Purchase Agreement for 1601 Riverview Drive for Public Safety Center
11. Discussion – Local Option Sales Tax Process
12. Motion – Direct Staff to Work with MnDOT and Rice County to Improve Road Surfaces of Highways 3 and 19 and Woodley Street
13. Motion - Direct the Mayor’s Task Force on Youth Alcohol and Drug Use to Investigate Establishing a Drug Court
14. Motion- Direct EDA to Work With MnDOT to Identify Potential Relocation Sites for MnDOT Truck Station
ADMINISTRATORS UPDATE
ADJOURN
NOTE: 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 24 hours before the meeting, if possible. PRESENTATION
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Lynne Young, Library and Recreation Services Director on behalf of the Library Board
Subject: Resolution proclaiming April 8-14, 2012 as Library Week.
Action Requested: The Library Board requests that the Council pass the attached resolution in recognition of the importance of libraries in the life of our community.
Background Information: First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. . In Northfield we especially want to recognize the contributions of the school media centers and the college libraries as well as the public library. . The theme for this year’s library week is “You Belong @Your Library.” . Tuesday, April 10 is National Library Workers Day – time to celebrate those who make our libraries work so well. . Over the years, Northfield has celebrated this week with a variety of activities including author visits, displays, coffee/refreshments and contests. In 2012 those activities will include: Pre-National Library Week events: 1) Friends of the Library annual meeting with featured speaker Evelyn Hadden, author of Beautiful No-Mow Yard, Tuesday, April 3, at 7:30 p.m. in the library meeting room. A library “carding” campaign – unexpected times and places The Northfield Public Library Board passed the attached resolution at its March 14, 2012 meeting
Attachment: 1) Resolution 2012-028
CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2012-028
A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTHFIELD, MINNESOTA PROCLAIMING APRIL 8-14, 2012 AS NATIONAL LIBRARY WEEK
WHEREAS, libraries have historically served as our nation’s great equalizers of knowledge by providing free access to all;
WHEREAS, our nation’s school, academic, public and special libraries make a difference in the lives of millions of Americans today, more than ever;
WHEREAS, our nation’s libraries provide a forum for diverse ideas and points of view that help us better understand each other and ourselves;
WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find and interpret the information they need to live, learn and work in a challenging economy;
WHEREAS, librarians design and offer programs to meet their community’s economic needs, providing residents with resume writing classes, interviewing workshops and job seeking resources;
WHEREAS, libraries are part of the American dream, places for education, opportunity and lifelong learning;
WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week.
NOW, THEREFORE, be it resolved by the Mayor and City Council that we proclaim National Library Week April 8-14 and encourage all residents to visit the library this week to take advantage of the wonderful library resources available @ your library. You belong @ your library.
PASSED by the City Council of the City of Northfield on this 3rd day of April 2012.
ATTEST
City Clerk Mayor
VOTE: _____ ROSSING _____ BUCKHEIT GANEY _____ IMM _____ NAKASIAN _____ POWNELL _____ ZWEIFEL CONSENT
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Melanie Schlomann, Assistant Finance Director
Subject: Disbursements
Action Requested:
The Northfield City Council approves disbursements totaling $612,454.87
Summary Report:
Disbursement Description Date Amount
03/16/12 Xcel Draft 03/16/12 $268.50 03/16/12 A/P Checks & EFTs 03/16/12 312,280.27 03/19/12 A/P Checks & EFTs 03/19/12 63,660.08 03/22/12 Payroll Transfer 03/22/12 139,086.80 03/23/12 EFT’s and Payroll Liabilities 03/23/12 97,159.22
Total $612,454.87
They are within the limitations of the approved budget and resources available.
Attachments: 1. Disbursement Lists
03-23-2012 08:28 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
Administration GENERAL FUND BOLTON & MENK, INC. TAX BASE RESEARCH 651.50 CAMPBELL KNUTSON LEGAL SERVICES FEB 2012 10,199.35 GENERAL LEGAL 449.05 INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 115.16 OFFICE SUPPLIES 45.04_ TOTAL: 11,460.10
Finance GENERAL FUND ENGAGE PRINT, INC. SCHLOMANN BUSINESS CARDS 73.74 INNOVATIVE OFFICE SOLUTIONS, LLC CALENDAR,MARKERS,PENS,WIPE 45.29 JULIE NORDMEIER ACCOUNTING ASSISTANCE 598.50_ TOTAL: 717.53
Community Development GENERAL FUND INNOVATIVE OFFICE SOLUTIONS, LLC SUPPLIES 10.24 SUPPLIES 44.71_ TOTAL: 54.95
Planning GENERAL FUND BOLTON & MENK, INC. KEY REDEVELOPMENT 621.00 DRC SERVICES 1,102.50 ALL SAINTS CHURCH PRE APP 787.50 MALT-0-MEAN PRE APP 667.50 LDC MODIFICATIONS 2,240.00 HARVEST HILLS TH REPLAT PR 849.50 PATHWAYS OF FAITH PRE APP 187.50 MISC PLANNING 105.00 PLANNING - YMCA 52.50 METHODIST CHURCH PRE APP 52.50 O'RUEKKY SITE PLAN PRE APP 157.50 PLANNING - YMCA 330.00 PLANNING - THE DEPOT 737.50_ TOTAL: 7,890.50
City Hall Operations GENERAL FUND DALCO RESTROOM SUPPLIES 87.61 INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 25.35_ TOTAL: 112.96
Police Administration GENERAL FUND DALCO RESTROOM SUPPLIES 87.60_ TOTAL: 87.60
Building Inspection GENERAL FUND CAMPBELL KNUTSON 912 WINONA CODE ENFORCEMEN 339.50 701 COVEY CODE ENFORCEMENT 34.50 CODE ENFORCEMENT GENERAL 23.00_ TOTAL: 397.00
Engineering GENERAL FUND BOLTON & MENK, INC. JAN PROF SERV - MSA ASSIST 4,071.00_ TOTAL: 4,071.00
Streets GENERAL FUND EPIC ENTERPRISES, INC FEB CLEANING SERVICES 154.11 MANPOWER, INC. MACRAE, DOUG 2/26/12 799.36 MACRAE, DOUG 3/4/12 999.20_ TOTAL: 1,952.67
Facilities GENERAL FUND EPIC ENTERPRISES, INC FEB CLEANING SERVICES 909.28 MANPOWER, INC. HAAN, ANNALISE 2/26/12 687.20 HAAN, ANNALISE 3/4/12 687.20_ TOTAL: 2,283.68
03-23-2012 08:28 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
Ice Arena GENERAL FUND DU FOUR'S, INC RUG RENTAL 20.31 R & R SPECIALTIES, INC. BLADE SHARPENING 38.50 BLADE SHARPENING 38.50_ TOTAL: 97.31
Athletic Facilities GENERAL FUND EPIC ENTERPRISES, INC FEB CLEANING SERVICES 154.11_ TOTAL: 154.11
Library GENERAL FUND MARCO, INC. OFFICE DUPLICATING 129.73 DEMCO INC. SUPPLIES - PROCESSING 305.93 DALCO RESTROOM SUPPLIES 87.61 INNOVATIVE OFFICE SOLUTIONS, LLC SUPPLIES 229.00 SUPPLIES 168.34 MICROMARKETING LLC JUV MEDIA 100.92 SHIPPING 7.00 JUV MEDIA 9.99 KATHY NESS MILEAGE 61.05 SELCO SUPPLIES 343.14 AUTOMATION 3,036.83 POSTAGE - MAILERS 159.50 PUMPKIN BOOKS, INC. JUV MATERIALS 160.13_ TOTAL: 4,799.17
Transit Administration TRANSIT EPIC ENTERPRISES, INC BUS CLEANING 55.48 BUS CLEANING 55.48 BUS CLEANING 55.48 BUS CLEANING 55.48 BUS CLEANING 55.48_ TOTAL: 277.40
NCRC Administration COMMUNITY RESOURCE DALCO RESTROOM SUPPLIES 378.95_ TOTAL: 378.95
Wellness Center COMMUNITY RESOURCE DALCO RESTROOM SUPPLIES 318.54_ TOTAL: 318.54
Cable TV CABLE TV KYMN RADIO, INC. VIDEO STREAMING FEB2012 495.00_ TOTAL: 495.00
EDA General Operating ECONOMIC DEVELOPME INNOVATIVE OFFICE SOLUTIONS, LLC SUPPLIES 151.86_ TOTAL: 151.86
Capital Projects 2012 CAPITAL PROJE UNION PACIFIC RAILROAD UP RAILROAD PERMIT FEE 545.00_ TOTAL: 545.00
Parks PARK FUND BOHNHOFF DESIGN 2012 SIDEWALK POETRY POSTE 200.00_ TOTAL: 200.00
Water WATER FUND BOLTON & MENK, INC. JAN PROF SERV - SOP 750.00_ TOTAL: 750.00
Wastewater WASTEWATER FUND EPIC ENTERPRISES, INC FEB CLEANING SERVICES 123.29 USA BLUE BOOK BUFFER 260.81 WESTERN LIME CORPORATION GROUND LIME 3,362.87 FREMONT INDUSTRIES, INC. PH ADJUST 2,055.42_ TOTAL: 5,802.39
03-23-2012 08:28 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
Storm Water Drainage STORM WATER DRAINA ZIEGLER, INC. BRUSH CUTTER RENTAL 5,172.75 EQUIPMENT RENTAL REFUND 2,361.94- TOTAL: 2,810.81
Liquor Store - Purchas LIQUOR STORE FUND CANNON RIVER WINERY WINE PURCHASES 408.00 DAY DISTRIBUTING CO BEER PURCHASES 4,027.60 BEER CREDIT 6.05- QUALITY WINE & SPIRITS CO LIQUOR PURCHASES 6,308.89 WINE PURCHASES 651.00 LIQUOR PURCHASES 5,863.72 LIQUOR PURCHASES 416.40 WINE PURCHASES 102.00 WINE PURCHASES 32.00_ TOTAL: 17,803.56
Liquor Store - Operati LIQUOR STORE FUND DU FOUR'S, INC ENTRY RUGS 47.99_ TOTAL: 47.99
======FUND TOTALS ======101 GENERAL FUND 34,078.58 210 TRANSIT 277.40 211 COMMUNITY RESOURCE CNTR 697.49 229 CABLE TV 495.00 290 ECONOMIC DEVELOPMENT AUTH 151.86 413 2012 CAPITAL PROJECTS 545.00 451 PARK FUND 200.00 601 WATER FUND 750.00 602 WASTEWATER FUND 5,802.39 604 STORM WATER DRAINAGE 2,810.81 609 LIQUOR STORE FUND 17,851.55 ------GRAND TOTAL: 63,660.08 ------
TOTAL PAGES: 3 03-23-2012 08:28 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 4
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: 12/31/2011 THRU 3/23/2012 CHECK DATE: 3/19/2012 THRU 3/23/2012 ------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 - 04/03/2012 CHECKS/EFTs SIGNATURE LINES: 0 ------PACKET OPTIONS
INCLUDE REFUNDS: NO INCLUDE OPEN ITEM:NO ------03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL FUND CITY OF NORTHFIELD PREPAID PURCHASES 1.91 SALES TAX 3.93- ELAN CORPORATE FEB 2012 ELAN PURCHASES 5,590.06 GREEN LIGHTS RECYCLING, INC. SALES TAX 17.00- NFLD CONVENTION AND VISITORS BUREAU LESS 5% ADMIN FEE 292.62- NFLD FIRE RELIEF ASSOC MULTEK DONATION 1,000.00 TRAF-O-TERIA SYSTEMS SALES TAX 13.23- IDVILLE SALES TAX 5.67- MISCELLANEOUS V CANVAS CHURCH 1122 100.00_ TOTAL: 6,359.52
Mayor & City Council GENERAL FUND CITY OF NORTHFIELD NAKASIAN NLC REGISTRATION 445.00 LEAGUE OF MN CITIES MN MAYORS ASSOC CONF 120.00 NFLD DOWNTOWN DEVELOPMENT CORP. NDDC FIRST PAYMENT 17,500.00_ TOTAL: 18,065.00
Administration GENERAL FUND CITY OF NORTHFIELD BUS. LUNCHES - NDDC / RICE 30.81 LEAGUE OF MN CITIES LMC 2012 ANN CONF - MADIGA 295.00 MCMA DUES - MADIGAN 141.23 NFLD AREA CHAMBER 2012 ANN MTG & MEMBER BANQ 30.00 HUCKLE MEDIA, LLC FEB AD #593540 2/6 AGENDA 175.75 FEB AD #592934 BUDGET SUUM 417.25 FEB AD #592948 ORD 927 112.00 FEB AD #592948 ORD 928 269.25 FEB AD #592950 REDISTRICTI 28.75 FEB AD #593563 REDIST OPEN 92.50 FEB AD #592950 REDIST HRNG 27.75 FEB AD #593591 2/21 AGENDA 166.50 FEB AD #3039987 ORD 929 SU 38.00 FEB AD #3039988 ORD 930 334.00 FEB AD #3039991 IT RFP 56.50 ON TARGET A & M, INC. PROCESSING FEE 32.00 VALLEY TEMPORARY STAFFING TEMP - ROBERGE WK ENDING 2 390.00 TEMP - ROBERGE WK ENDING 2 409.50 TEMP - ROBERGE WK END 2/25 312.00 TEMP - ROBERGE WK END 3/3/ 390.00_ TOTAL: 3,748.79
City Clerk GENERAL FUND CITY OF NORTHFIELD MCFOA CONF. REG. FEE - LIT 210.00_ TOTAL: 210.00
Information Technology GENERAL FUND ARROW ACE HARDWARE IT SUPPLIES 61.56 CITY OF NORTHFIELD WEBSITE WORKING LUNCH-OLE 36.25 ST OLAF TELCO MARCH FIBER OPTIC/INTERNET 614.01 MARCH 2012 DARK FIBER RENT 62.25 MARCH 2012 DARK FIBER/RENT 306.88 SHI INTERNATIONAL CORP TONER 153.90 ADOBE ACROBAT X - SCHLOMAN 210.54 ENGINEERING PLOTTER - 203.07 FLEXIBLE NYLON TAPE 32.06 RICE COUNTY INFORMATION TECHNOLOGY DEP 2011 GIS DATA LICENSE AGRE 11,442.00_ TOTAL: 13,122.52
Human Resources/Risk M GENERAL FUND CITY OF NORTHFIELD TRI-STATE MACHINES CERT MA 5.75 EW TRAINING 5/2/12 129.00 MN PRIMA DIRECTOR ANNUAL MEMBERSHIP 40.00 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NORTHFIELD HOSPITAL RANDOM/PRE-EMPL SCREENING 153.30 HUCKLE MEDIA, LLC FEB AD #3041023X MISC JOBS 86.20 FEB AD #3041023X MISC JOB 45.90 FEB AD #3041023X MISC JOB 61.20 FEB AD #3041023X MISC JOB 80.50 FEB AD #3041023X MISC JOB 27.75 FEB AD #3041023X MISC JOB 55.50 VERIFICATIONS, INC. VERIFICATIONS, INC. 83.34 BETH WACHOLZ ARBITRATION WORKING LUNCH 37.01 TASC ADMINISTRATIVE FEE FOR 2/2 158.40 MNJIS - CRIMINAL HISTORY ACCESS REPLENTISH MNJIS ACCT 50.00_ TOTAL: 1,013.85
Community Development GENERAL FUND SCHWAAB, INC. RECEIVED DATE STAMP 87.62_ TOTAL: 87.62
Planning GENERAL FUND AMERICAN PLANNING ASSOCIATION RENEW PLANNING ADV SERVICE 795.00 ZONING PRACTICE RENEWAL 95.00 CITY OF NORTHFIELD PLANNING COMM JOURNAL 13.75 HUCKLE MEDIA, LLC FEB AD #592930 AMEND LDC 28.75_ TOTAL: 932.50
City Hall Operations GENERAL FUND CINTAS CORPORATION #754 RUG RENTAL 187.78 GREEN LIGHTS RECYCLING, INC. RECYCLING BULBS AND BATTER 66.07 INTEGRA TELECOM 9387581 CITY HALL 3/1/2012 180.85 ST OLAF TELCO MARCH 2012 BASE SERVICE 718.08 FEB 2012 TOLL CALLS 55.50 WASTE MANAGEMENT OF WI/MN FEB 497-0000970-0491-5 259.29 XCEL ENERGY ELECTRICITY FEB'12 USAGE 978.07 GAS CHARGES FEB'12 USAGE 1,322.35 TOSHIBA BUSINESS SOLUTIONS MAR BASE RATE 281.34 FEB B&W COPIES 137.90 FEB COLOR COPIES 905.40 APR CONTRACT CHGS HR 79.24 APR CONTRACT CHGS HR 149.25_ TOTAL: 5,321.12
Police Administration GENERAL FUND ARROW ACE HARDWARE KEY HOLDERS / MISC HARDWAR 47.06 CREATIVE PRODUCT SOURCING, INC DARE GRADUATION 731.57 CITY OF NORTHFIELD MEAL-BACKGROUND OF OFFICER 11.49 LODGING-BACKGROUND OF OFFI 58.82 MEAL-BACKGROUND OF OFFICER 7.47 FUEL-BACKGROUND OF OFFICER 36.00 OFFICE SUPPLIES 217.93 OFFICE SUPPLIES 25.64 FILING CABINET FOR FIRE DE 122.68 NTOA MEMBERSHIP 2012 40.00 BADGE WALLETS, MIC EARPIEC 61.11 CANNON VALLEY WATER CONDITION DRINKING WATER 71.50 CINTAS CORPORATION #754 BLACK RUGS & SCRAPER MATS 68.28 BLACK RUGS & SCRAPER MATS 68.28 CINTAS FIRST AID & SAFETY #LOC431 FIRST AID SUPPLIES 82.77 CENTRAL VALLEY COOPERATIVE FUEL 5,193.84 DOKMO FORD CHRYSLER HEATER HOSE, TRUE ROTORS#4 377.90 MARJORIE EVANS-DE-CARPIO CASE# 11-001853 TRANSCRIPT 1,588.56 GRAPHIC MAILBOX POSTAGE 4.35 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
POSTAGE 4.06 INK STAMP - TAYLOR 21.32 MENARD'S -DUNDAS EVIDENCE BAGS, MISC. 64.57 MACA 2012 CONFERENCE 100.00 2012 MACA MEMBERSHIP 30.00 POST BOARD 7 OFFICERS POST RENEWALS 630.00 STREICHER'S RETURNED BOOTS - WIESE 169.99- 2 UNIFORM PANTS - GIGSTAD 129.98 SS UNIFORM SHIRT - BAILEY 56.99 BOOTS - WIESE 199.99 ST OLAF TELCO MARCH 2012 PHONES 800.39 TOLL CALLS FEB'12 7.90 TRAF-O-TERIA SYSTEMS 500 PARKING TICKETS 205.66 TRI STATE BUSINESS MACHINE INC B&W COPIER LEASE 262.86 VALLEY AUTOHAUS INC LOF SQUAD # 4 20.67 LOF #3 22.01 BATTERY LOF SQUAD #1 140.64 BATTERY, LOF SQUAD #10 118.63 COIL RELAYS SQUAD#1 99.23 TOW SQUAD #1 42.75 WELCH PLUMBING, INC RESTROOM REPAIR 256.22 WASTE MANAGEMENT OF WI/MN #497000112404918 FEB'12 RE 179.23 XCEL ENERGY ELECTRICITY FEB'12 USAGE 1,573.59 GAS CHARGES FEB'12 USAGE 993.88 CITI-CARGO & STORAGE STORAGE RENTAL 200.86 COUNTRYSIDE ANIMAL HOSPITAL ANIMAL IMPOUND FEB'12 454.58 TOSHIBA BUSINESS SOLUTIONS COLOR COPIER LEASE 43.82 EUGENE E JASNOCH STORAGE LEASE 2,400.00 CENTURY LINK RADIO LINE POLICE AND FIRE 52.91 MN SHERIFF'S ASSOCIATION DATA PRACTICES TRAINING - 280.00 MISCELLANEOUS V LIFELINE TRAINING LIFELINE TRAINING:3 OFFICE 477.00_ TOTAL: 18,515.00
Police Investigations GENERAL FUND CITY OF NORTHFIELD LODGING - MSC CONFERENCE 154.52_ TOTAL: 154.52
Fire GENERAL FUND EARL F. ANDERSEN, INC 3-48" SIGNS 69.95 BY ALL MEANS 6 COPIES OF ISO REPORTS 58.74 CITY OF NORTHFIELD PREMIXED GAS FOR CHAINSAWS 39.68 GRAPHIC MAILBOX REFLECTIVE TRUCK MARKINGS 111.15 MENARD'S -DUNDAS MISC. SUPPLIES 239.05 NAPA AUTO PARTS SUPPORT 63.40 SUPPORT 63.40 XCEL ENERGY AMBUL GARAGE ELEC FEB'12 U 64.07 AMBUL GARAGE GAS FEB'12 US 76.23 CENTURY LINK RADIO LINE POLICE AND FIRE 52.90_ TOTAL: 838.57
Building Inspection GENERAL FUND CENTRAL VALLEY COOPERATIVE FUEL FOR FEBRUARY 2012 90.67_ TOTAL: 90.67
Engineering GENERAL FUND CITY OF NORTHFIELD ENR SUBSCRIPTION 39.00 CENTRAL VALLEY COOPERATIVE FEB FUEL 47.50 G S DIRECT, INC PLOTTER PAPER 53.77_ TOTAL: 140.27
03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
Streets GENERAL FUND EARL F. ANDERSEN, INC SIGN SUPPLIES 38.21 SIGN SUPPLIES 275.10 SIGN SUPPLIES 4,912.04 ASPEN EQUIPMENT COMPANY SEAL KIT 96.88 ARROW ACE HARDWARE MARKING PAINT 16.01 SIGN SUPPLIES 26.71 CARGILL, INCORPORATED ROAD SALT 5,550.51 ROAD SALT 2,138.65 CINTAS CORPORATION #754 RUG RENTAL 79.28 CENTRAL VALLEY COOPERATIVE DIESEL 4,958.20 UNLEADED 1,114.21 FASTENAL COMPANY SIGN SUPPLIES 8.40 SUPPLIES 46.86 GREEN LIGHTS RECYCLING, INC. RECYCLING BULBS AND BATTER 66.07 INTEGRA TELECOM 9387581 STREET ALARM 3/1/ 46.11 JIRIK PLOWING VFW ALLEY FEB 2012 PLOWING 82.50 MENARD'S -DUNDAS BRINE TANK 280.12 ICE MELT 470.80 NAPA AUTO PARTS RETURNS 113.48- FILTERS 52.93 NORTHERN SAFETY TECHNOLOGY, INC. HALOGEN BULBS 40.90 ROCKY TOP SCREENPRINTING & EMBROIDERY TJ HEINRICY CLOTHING ALLOW 86.00 LOGO ON CITY JACKETS 91.44 SPECIALTY TURF & AG ICE BITE 1,229.06 TRI STATE BUSINESS MACHINE INC 3/4-4/3 STREET SHOP COPIER 62.81 WASTE MANAGEMENT OF WI/MN FEB 497-0000970-0491-5 220.70 FEB 497-0000970-0491-5 527.11 XCEL ENERGY ELECTRICITY FEB'12 USAGE 583.66 GAS CHARGES FEB'12 USAGE 963.12 SOUTHERN MN INSPECTION CO, LLC HOIST INSPECTION 554.06 I-STATE TRUCK CENTER D3 STREET DEPT 62.44_ TOTAL: 24,567.41
Street Lighting GENERAL FUND XCEL ENERGY ELECTRICITY FEB'12 USAGE 839.56 TRAFFIC SIGNALS FEB'12 USA 286.18_ TOTAL: 1,125.74
Facilities GENERAL FUND CENTRAL VALLEY COOPERATIVE FEB 2012 FUEL 249.14 GREEN LIGHTS RECYCLING, INC. RECYCLING BULBS AND BATTER 66.07 MENARD'S -DUNDAS SUPPLIES 6.51 IDVILLE KEY CARD PUNCH 88.12 PERFECTION PLUS, INC CITY HALL FEB 2012 1,225.00 LIBRARY FEB 2012 875.00 SAFETY CENTER FEB 2012 1,180.00_ TOTAL: 3,689.84
Ice Arena GENERAL FUND CITY OF NORTHFIELD NARCE COURSE REGISTRATION 550.00 FARIBO PLUMBING & HEATING, INC MATERIALS RO SYSTEM 590.29 INTEGRA TELECOM 9387581 ARENA 3/1/2012 45.22 WASTE MANAGEMENT OF WI/MN FEB 497-0000970-0491-5 373.69 XCEL ENERGY ARENA-ELECTRIC FEB'12 USAG 6,413.62 ARENA - GAS FEB'12 USAGE 683.33 METRO LIFT PROPANE ZAM PROPANE 197.72_ TOTAL: 8,853.87
General Parks GENERAL FUND EARL F. ANDERSEN, INC JACKET 81.37 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 5
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
CITY OF NORTHFIELD FOREST PEST CLASS TJ SP SM 90.00 CENTRAL VALLEY COOPERATIVE UNLEADED 105.11 MTI DISTRIBUTING CO SPIDER ASBLY 247.91 MENARD'S -DUNDAS M3, M6 STREET SHOP[ 14.88 NAPA AUTO PARTS FILTERS 39.07 P-15 1.90 RENT 'N' SAVE PORTABLE SERVICES fFEB 2012 PORTABLE RESTROO 154.81 WASTE MANAGEMENT OF WI/MN FEB 497-0000970-0491-5 31.30 XCEL ENERGY ELECTRICITY FEB'12 USAGE 746.75_ TOTAL: 1,513.10
Athletic Facilities GENERAL FUND INTEGRA TELECOM 9387581 SECHLER-2 LINE3/1/ 90.21 XCEL ENERGY ELECTRICITY FEB'12 USAGE 150.47_ TOTAL: 240.68
Outdoor Pool GENERAL FUND XCEL ENERGY POOL ELECTRIC FEB'12 USAGE 135.58 POOL GAS FEB'12 USAGE 53.44 CENTURY LINK FEB 2012 POOL PHONE 36.73_ TOTAL: 225.75
Library GENERAL FUND AUSTIN PUBLIC LIBRARY DVD BUFFING 50.00 BAKER & TAYLOR NON-FICTION 385.27 FICTION 190.58 SHIPPING 5.76 JUV MATERIALS 78.88 SUPPLIES - PROCESSING 4.13 SHIPPING 0.79 FICTION 201.37 SHIPPING 2.01 NON-FICTION 343.87 FICTION 9.59 SHIPPING 3.53 FICTION 44.89 SHIPPING 0.45 CITY OF NORTHFIELD NON- FICTION DVDS 262.45 NON-FICTION 190.58 REFERENCE 220.94 DVDS 443.76 BOOKS ON CD 167.32 MUSIC CDS 220.21 JUV MATERIAL 96.02 JUV MEDIA 217.56 SUPPLIES 27.24 POSTAGE 23.00 SUPPLIES 79.89 CANNON VALLEY WATER CONDITION SUPPLIES 56.50 THE CREATIVE COMPANY JUV MATERIALS 178.23 GREEN LIGHTS RECYCLING, INC. RECYCLING BULBS AND BATTER 66.07 HOUCHEN BINDERY LTD. BINDING & PRINTING 194.40 INTEGRA TELECOM 9387581 LIBRARY 3/1/2012 87.47 MARSHALL CAVENDISH JUV MATERIALS 687.08 ROSEN PUBLISHING GROUP JUV MATERIALS 433.85 RECORDED BOOKS, INC. BCD 6.95 WASTE MANAGEMENT OF WI/MN FEB 12- 497-0001125-0491-5 36.63 XCEL ENERGY ELECTRICITY FEB'12 USAGE 770.65 GAS CHARGES FEB'12 USAGE 350.04 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 6
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
WEDDE TECH LLC FIRE PANEL 996.08 TOSHIBA BUSINESS SOLUTIONS OFFICE DUPLICATING 194.94 MIDWEST TAPE BOOKS ON CD 69.98 SHIPPING 3.50 TIM FREELAND PROGRAMMING - JUV 200.00_ TOTAL: 7,602.46
Other Financing Uses GENERAL FUND NFLD CONVENTION AND VISITORS BUREAU LODGING TAX-DEC 2011 1,624.00 LODGING TAX-JAN 2012 3,742.16 LODGING TAX-FEB 2012 94.46 LODGING TAX-ARREARS 391.80_ TOTAL: 5,852.42
Transit Administration TRANSIT CITY OF NORTHFIELD TT-13 TRANSIT REPAIR 74.58 CENTRAL VALLEY COOPERATIVE FEB 2012 UNLEADED FUEL 1,633.23 INTEGRA TELECOM 9387581 TRANSIT FAX 3/1/2 46.11 NORTH CENTRAL TRUCK EQUIP & BUS SALES RETURN 26.12- ARMREST 32.20 SPORT SEAT 91.00 NAPA AUTO PARTS FILTERS 36.63 FILTERS 36.63 FILTERS 36.63 FILTERS 36.63 FILTERS 36.63 XCEL ENERGY ELECTRICITY FEB'12 USAGE 265.75 GAS CHARGES FEB'12 USAGE 367.87_ TOTAL: 2,667.77
NON-DEPARTMENTAL COMMUNITY RESOURCE GREEN LIGHTS RECYCLING, INC. SALES TAX 8.50- TOTAL: 8.50-
NCRC Administration COMMUNITY RESOURCE CITY OF NORTHFIELD SUPPLIES 30.45 GREEN LIGHTS RECYCLING, INC. RECYCLING BULBS AND BATTER 66.07 INTEGRA TELECOM 9387581 NCRC PHONES 3/1/2 924.39 9387581 NCRC LD 3/1/2012 69.72 TRI STATE BUSINESS MACHINE INC 3/4-4/3 NCRC COPIER 62.81 WELCH PLUMBING, INC RESTROOM REPAIR 77.50 WASTE MANAGEMENT OF WI/MN FEB 497-0000970-0491-5 388.96 XCEL ENERGY ELECTRICITY FEB'12 USAGE 3,888.12 GAS CHARGES FEB'12 USAGE 1,849.82 CENTURY LINK 1/16-2/15/12 HSI ALARM - 8 105.07 PERFECTION PLUS, INC YOUTH WING FEB 2012 850.00 FEB 2012 CLEANING HS 1,002.25_ TOTAL: 9,315.16
Wellness Center COMMUNITY RESOURCE CITY OF NORTHFIELD SUPPLIES 30.45 GREEN LIGHTS RECYCLING, INC. RECYCLING BULBS AND BATTER 66.09 MENARD'S -DUNDAS SUPPLIES 21.72 WASTE MANAGEMENT OF WI/MN FEB 497-0000970-0491-5 129.65 XCEL ENERGY ELECTRICITY FEB'12 USAGE 686.14 GAS CHARGES FEB'12 USAGE 1,849.82 CENTURY LINK 1/16-2/15/12 HSI ALARM - 1 18.54_ TOTAL: 2,802.41
Motor Vehicle MOTOR VEHICLE FUND MUNICI-PALS 5/1/12 MUNICIPALS REG-JOHA 60.00 TOSHIBA BUSINESS SOLUTIONS APR CONTRACT CHGS DMV 100.21 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 7
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT______TOTAL: 160.21
Other Financing Uses MUNICIPAL TIF DIST ARCHER HOUSE 1/30 GAETWAY MTG CATERING 123.59 STANTEC CONSULTING SERVICES, INC NFLD GATEWAY BEAUTIFICATIO 10,292.51_ TOTAL: 10,416.10
EDA General Operating ECONOMIC DEVELOPME CUB FOODS REFREHSMENTS EDA MEETING 82.56_ TOTAL: 82.56
HRA Rental Projects HOUSING AND REDEVE XCEL ENERGY 517-517 1/2 WASHINGTON 141.37 517-517 1/2 WASHINGTON 127.13_ TOTAL: 268.50
Debt Service 2002A BOND FUND US BANK NATIONAL BOND TRUSTEE FEES-2002A 431.25_ TOTAL: 431.25
Debt Service 2007A GO IMPROVEME US BANK NATIONAL BOND TRUSTEE FEES-2007A 271.69_ TOTAL: 271.69
Debt Service COMMUNITY RESOURCE US BANK NATIONAL BOND TRUSTEE FEES-GO 2007B 431.25_ TOTAL: 431.25
Debt Service PRESIDENTIAL COMMO US BANK NATIONAL BOND TRUSTEE FEES-2007D 431.25_ TOTAL: 431.25
Debt Service WATER FUND US BANK NATIONAL BOND TRUSTEE FEES 38.81 BOND TRUSTEE FEES-2007C 56.06_ TOTAL: 94.87
Water WATER FUND ARROW ACE HARDWARE VALVE BALL/COUPLING 34.13 CANNON VALLEY WATER CONDITION FEB WATER 13.00 INTEGRA TELECOM 9387581 WATER 3/1/2012 683.14 MENARD'S -DUNDAS PAINT - WELL #5 26.69 MN PIPE & EQUIPMENT HYDRANT FLAGS/VALVE COVER 263.45 ON TARGET A & M, INC. UTILITY BILLS -4681 114.23 WASTE MANAGEMENT OF WI/MN FEB 497-0001130-0491-5 126.95 XCEL ENERGY ELECTRICITY FEB'12 USAGE 4,513.63 GAS CHARGES FEB'12 USAGE 623.33_ TOTAL: 6,398.55
NON-DEPARTMENTAL WASTEWATER FUND CITY OF NORTHFIELD SALES TAX 8.26- TOTAL: 8.26-
Debt Service WASTEWATER FUND US BANK NATIONAL BOND TRUSTEE FEES 38.81 BOND TRUSTEE FEES 288.94_ TOTAL: 327.75
Wastewater WASTEWATER FUND CITY OF NORTHFIELD BETTY MILLS-BIOSOLIDS SQUE 96.01 AMAZON-TELEHANDLER RADIO 42.62 CARQUEST AUTO PARTS OF NORTHFIELD BELTS 439.47 BELT 29.31 CINTAS FIRST AID & SAFETY #LOC431 FEB REFILL 30.91 GRAPHIC MAILBOX UPS MAILING 6.70 UPS MAILING - INFRATECH 9.15 HIMEC, INC HEATER REPAIRS-PRETREATMEN 3,451.34 PRETREATMENT MUA REPAIR 350.00 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 8
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
INFRATECH MULTIPRO - 4 GAS MONITOR 575.10 INTEGRA TELECOM 9387581 WASTEWATER 3/1/20 136.94 MENARD'S -DUNDAS LED LIGHTS 12.74 HOLESAW 24.26 DETERGENT/SALT 61.72 BALL VALVES/HDWRE SUPPLIES 108.75 ON TARGET A & M, INC. UTILITY BILLS -4681 114.22 PNEU-MOTION INC. CSK KIT 203.40 ST OLAF TELCO PAGER RENT 32.06 MN DEPT OF PUBLIC SAFETY HAZARDOUS CHEMICAL FEE 25.00 UTILITY CONSULTANTS, INC SAMPLE TESTING 2,020.64 VESSCO, INC PVC CONNECTORS 384.96 WASTE MANAGEMENT OF WI/MN FEB 497-0001131-0491-3 1,026.20 XCEL ENERGY ELECTRICITY FEB'12 USAGE 20,397.22 GAS CHARGES FEB'12 USAGE 9,167.28 JOHNSON CONTROLS, INC LINEAR TRANSMITTER 296.68_ TOTAL: 39,042.68
Garbage GARBAGE FUND ON TARGET A & M, INC. UTILITY BILLS -4681 38.08 RICE COUNTY WASTE MANAGEMENT FEB LANDFILL CHGS 11,658.60 XCEL ENERGY ELECTRICITY FEB'12 USAGE 10.17_ TOTAL: 11,706.85
Debt Service STORM WATER DRAINA US BANK NATIONAL BOND TRUSTEE FEES 81.94 BOND TRUSTEE FEES 86.25_ TOTAL: 168.19
Storm Water Drainage STORM WATER DRAINA BARR ENGINEERING JAN PROF SERV - ROSEWOOD P 467.00 ON TARGET A & M, INC. UTILITY BILLS -4681 38.08_ TOTAL: 505.08
Liquor Store - Purchas LIQUOR STORE FUND BELLBOY CORPORATION LIQUOR PURCHASES 1,019.10 LIQUOR PURCHASES 1,316.55 WINE PURCHASES 520.00 MISC TAXABLE 141.50 COLLEGE CITY BEVERAGE, INC. BEER PURCHASES 444.00 BEER PURCHASES 5,039.70 WIRTZ BEV MN WINE & SPIRITS LIQUOR PURCHASES 2,797.85 LIQUOR CREDIT #854879 89.00- WINE PURCHASES 1,618.13 LIQUOR PURCHASES 2,001.19 WINE PURCHASES 1,055.31 GRAPE BEGINNINGS WINE PURCHASES 432.00 WINE PURCHASES 216.00 WINE PURCHASES 650.00 HERMEL WHOLESALE CIGARETTES 240.74 MISC TAXABLE 45.83 MISC NON TAXABLE 43.65 FREIGHT 3.95 CIGARETTES 393.13 MISC TAXABLE 18.51 MISC NON TAXABLE 9.76 FREIGHT 3.95 JOHNSON BROTHERS WHOLESALE WINE PURCHASES 1,305.40 WINE PURCHASES 1,270.90 WINE CREDIT #527369 18.00- 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 9
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
WINE PURCHASES 57.90 WINE PURCHASE 1,557.20 WINE CREDIT#527368 36.00- FREIGHT CREDIT 1.37- LIQUOR PURCHASES 846.00 WINE PURCHASES 496.00 LIQUOR PURCHASES 1,913.20 WINE PURCHASES 812.70 BEER PURCHASES 29.25 JJ TAYLOR DIST. OF MN BEER PURCHASES 2,953.85 MISC TAXABLE PURCHASE 44.60 FREIGHT 3.00 NEW FRANCE WINE COMPANY WINE PURCHASE 396.00 FREIGHT 8.00 PAUSTIS & SONS WINE COMPANY WINE PURCHASE 475.00 FREIGHT 6.25 WINE PURCHASE 238.00 FREIGHT 2.50 WINE PURCHASE 1,963.14 FREIGHT 31.25 WINE PURCHASE 2,144.05 FREIGHT 45.00 PAT KERNS WINE MERCHANTS WINE PURCHASE 340.00 FREIGHT 11.00 PHILLIPS WINE AND SPIRITS,INC. WINE PURCHASES 480.80 LIQUOR PURCHASES 1,117.92 WINE PURCHASES 175.10 WINE PURCHASES 676.40 LIQUOR PURCHASES 2,116.45 WINE PURCHASES 402.00 SURLY BREWING CO. BEER PURCHASES 910.00 VOGELSBERG TRUCKING, INC. FREIGHT 975.70 WINE MERCHANTS, INC WINE PURCHASES 1,269.00 WINE PURCHASES 1,336.25 WINE COMPANY WINE PURCHASE 4,064.00 FREIGHT 72.60 VINOCOPIA WINE PURCHASES 120.00 WIRTZ BEV MN BEER, INC BEER PURCHASES 3,010.35 BEER CREDIT RPA#89821 1,198.66- BEER PURCHASES 119.90 SOUTHERN WINE & SPIRITS OF MN, LLC LIQUOR PURCHASES 441.18 FREIGHT 4.89 WINE PURCHASE 328.00 FREIGHT 5.75 BOURGET IMPORTS WINE PURCHASES 695.99_ TOTAL: 51,940.29
Liquor Store - Operati LIQUOR STORE FUND HERMEL WHOLESALE PROMOTIONAL 4.65 INTEGRA TELECOM 9387581 LIQUOR 3/1/2012 45.89 JIRIK PLOWING LIQUOR STORE FEB 2012 PLOW 115.50 XCEL ENERGY ELECTRICITY FEB'12 USAGE 870.53 GAS CHARGES FEB'12 USAGE 240.50 PERFECTION PLUS, INC LIQUOR STORE FEB 12 625.33_ TOTAL: 1,902.40
Insurance INSURANCE FUND LEAGUE OF MN CITIES INS TRUST WC 2ND QTR INSTALLMENT 50,661.00_ TOTAL: 50,661.00
03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 10
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
======FUND TOTALS ======101 GENERAL FUND 122,271.22 210 TRANSIT 2,667.77 211 COMMUNITY RESOURCE CNTR 12,109.07 215 MOTOR VEHICLE FUND 160.21 270 MUNICIPAL TIF DIST 4 10,416.10 290 ECONOMIC DEVELOPMENT AUTH 82.56 295 HOUSING AND REDEVELOPMENT 268.50 306 2002A BOND FUND 431.25 308 2007A GO IMPROVEMENT DEBT 271.69 351 COMMUNITY RESOURCE CENTER 431.25 379 PRESIDENTIAL COMMONS TIF 431.25 601 WATER FUND 6,493.42 602 WASTEWATER FUND 39,362.17 603 GARBAGE FUND 11,706.85 604 STORM WATER DRAINAGE 673.27 609 LIQUOR STORE FUND 53,842.69 705 INSURANCE FUND 50,661.00 ------GRAND TOTAL: 312,280.27 ------
TOTAL PAGES: 10 03-23-2012 08:20 AM COUNCIL REPORT - 04/03/2012 CHECKS/EFTs PAGE: 11
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: 12/31/2011 THRU 3/16/2012 CHECK DATE: 3/12/2012 THRU 3/16/2012 ------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 - 04/03/2012 CHECKS/EFTs SIGNATURE LINES: 0 ------PACKET OPTIONS
INCLUDE REFUNDS: NO INCLUDE OPEN ITEM:NO ------CONSENT
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Michele Merxbauer, Interim Community Development Director
Subject: Approve contribution to Southern Minnesota Initiative Foundation
Action Requested:
The City Council is being asked to approve the 2012 contribution to the Southern Minnesota Initiative Foundation.
Summary Report:
During budget discussions in November 2011, the City Council discussed the Economic Development Authority funding the Southern Minnesota Initiative Foundation (SMIF). The City Council chose to remove that funding request from the EDA and support the SMIF at the City Council level. This amounts to $5,000 to help support SMIF, which the City is allowed to do under Section 9.1 of the City Charter, which states “The council may contribute city funds to any entity to promote the health, safety, and welfare of the city, if the grant does not have as its primary objective the benefit of a private interest.
Attached, please find a letter from Tim Penny, President and CEO of SMIF. He outlines in his letter the programs that SMIF provides that are available to Northfield businesses and residents, and also attached a spreadsheet showing how Northfield has benefited from the SMIF programs.
The City Council is requested to authorize the 2012 contribution of $5,000 to the Southern Minnesota Initiative Foundation.
Attachments: 1. Letter from Tim Penny, President and CEO of SMIF 2. Spreadsheet showing grant/loan support to Northfield from 2009-2012
Tim Madigan City of Northfield 801 Washington St Northfield, MN 55057
Re: Annual SMIF $5,000 support payment.
Dear Mr. Madigan and City Council Members:
The Northfield EDA’s annual contribution allows the City of Northfield and EDA to utilize the expertise and resources of Southern Minnesota Initiative Foundation (SMIF) to assist the economic and community development efforts. SMIF agrees to make the following services available: Revolving Loan Fund (loans up to $200,000); Small Enterprise Loan Fund (loans up to $35,000); BioSeed Fund (investment up to $25,000); Technical Assistance; Community Growth Initiative grant dollars; Incentive Grant dollars; Early Childhood Program grant dollars/programs; and other various programs.
As a partner in economic development, Southern Minnesota Initiative Foundation work hinges on the financial partnerships with communities such as Northfield. We thank you in advance for your financial partnership that will strengthen the economic development landscape of southern Minnesota.
Throughout its history the SMIF provided and continues to provide essential economic and community development services within southern Minnesota. Each year we will report back to all our donors noting how we have allocated our resources, including a Return on Investment Chart by county. Currently the ROI in Rice County is $14:$1. I have also included a 4 year snapshot of the support specific to Northfield.
We stand ready as always to work with you to help promote economic growth in our region. If you have any questions, please don’t hesitate to contact me.
Sincerely,
Timothy J. Penny President/CEO
Northfield Grant/Loan Support 2009-2012
FLName Title Desc Dec Grant Early Childhood Program Support ISD #659 - Northfield Early Literacy Home Visiting Requesting 200 books, awarded 200 books 4/22/2009 $3,200
Project SIGHT Northfield Young Latino Mothers Requesting 200 books, awarded 200 books 4/29/2010 $3,200 ISD #659 - Northfield Books, Books Everywhere! Requesting 225 books, awarded 225 books 5/11/2011 $3,672
We would provide 4 events throughout the year for children (and their families) who will be entering kindergarten the following fall. Our goal is to better prepare not only the students to be academically and Northfield Early Childhood Initiative Growing our Kindergarten! socially ready for a smooth transition into s 3/7/2012 $5,000 ISD #659 - Northfield Young Explorer Awarded 2 YE 10/7/2009 $4,298 ISD #659 - Northfield Young Explorer Mini Grant 12/7/2010 $200
ISD #659 - Northfield Young Explorer Awarded 1 Young Explorer. 3/23/2011 $2,600 Entrepreneur Program Support Water entered basement production area. Approx. 2 feet of river water flooded production equipment. Damade equipment included Anatol Automatic textile Larson's Fabric Printing press, tajima embroidery machines, loline cad cutter Incorporated dba Larson's Printing Flood Recovery plus other misc. pcs. 11/15/2010 $2,049 Basement level of business took in some ground water resulting in loss of inventory (dry storage mainly) as well as two cooling units and water heater. Furthermore, power and gas were shut off due to flooding leading to the business being closed Basil's Pizza Flood Recovery September 11/15/2010 $4,500 This was our first season. We purchased new materials, signs, etc. They were stored (in-kind donation) in the basement of a downtown business and brought to our event site each week. The basement received 6 ft of flood water. Our loss Riverwalk Market Fair Incorporated Flood Recovery included actual phys 11/18/2010 $686
Froggy Bottoms was underwater by four feet and lost all equipment, inventory and furnishings. West Bank boiler room and electrical panels were destroyed. All West Bank Properties Flood Recovery lower level exterior doors and windows were damaged. 11/18/2010 $4,500 Northfield Grant/Loan Support 2009-2012
Loss of all carpet, offices and apartment. Clean up costs are my biggest out of pocket costs. Herreid Agency Flood Recovery Approximately $5,000. Loss of 2 pc's. 12/2/2010 $4,500 To start Riverwalk Arts Quarter Organization to sustain Northfield Arts Guild Northfield TMI - Entrepreneurs art related activities and events. 1/3/2009 $20,000
The Riverwalk Marketplace (RM) will be an upscale, collaborative open air market held Saturday mornings, Riverwalk (Summer Saturday) Market Faire - mid-May through September, in the heart of downtown Northfield Arts Guild NOW RIVERWALK MARKET FAIR INC along Northfield's beautiful b 11/10/2009 $8,000 The Agripreneur Incubator will support aspiring farmers as they make the trainsition from agripreneur training graduate to a sustainable poultry farmer. Main Street Project - Rural Agripreneur training graduates will have the Enterprise Center Agripreneur Incubator opportunity to t 10/13/2011 $90,000
This project is designed to bring sustainability to the Riverwalk Farmers Market venue and at the same time expand access to healthy, local foods for more people. Specifically, this project is designed to increase both Riverwalk Market Fair - Farmers Market the Riverwalk Market Fair Incorporated Enhancement number of a 5/31/2011 $15,000 Transition Northfield Division Street Recycling + Historic District Design and build 16 recycling bins for downtown 1/13/2011 $1,500 Business Loans: SpeechGear LLC, AznaWritesAtoZ, AUM Cardiovascular Inc, Brand Yourself LLC, Rocky Top, LLC 2009-2012 $263,000 $435,905.00 Consent Agenda Item 3
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Joseph L. Stapf, P.E., Public Works Director/City Engineer
Subject: Complete Street Policy Task Force, and Task Force Appointments
Action Requested: The City Council is being asked to consider the attached resolution establishing the City of Northfield Complete Streets Policy Task Force, and to approve the appointments of various Task Force members.
Summary Report: The purpose of a Complete Streets Policy is to assure streets are designed, operated and maintained to be safe and accessible for pedestrians, transit riders, bicyclists, and drivers–all users, regardless of age or ability.
The features of complete streets vary based on context, topography, road function, the speed of traffic, pedestrian and bicycle demand, and other factors.
Based on context, common features of complete streets may include:
Sidewalks Paved shoulders Bike lanes Safe crossing points Accessible curb ramps Pedestrian refuge medians Bus stop access Sidewalk “bump-outs” at intersections Access to adjacent trails in a “corridor"
The City of Northfield already has many of these elements established in several guidance documents; included among them are the Comprehensive Land Use Plan, Transportation Plan, Safe Routes to School Plan, Land Development Code, zoning regulations, and design of street improvements projects. However, development and adoption of a Complete Streets Policy will draw those various elements into a single cohesive document that can be enhanced and clarified where necessary. By doing so, the City of Northfield will be better positioned to partner with the Minnesota Department of Transportation to fully implement the 2010 state Complete Streets law, especially as it impacts State Trunk Highways 3, 19, and 246 into and through Northfield. At its meeting of February 21, 2012, the Northfield City Council adopted Resolution 2012-017, which affirmed the City Council’s support for the concept of Complete Streets, and directed the formation of a Task Force for that purpose. At is meeting of March 6, 2012, the City Council approved Motion 2012-045 which established a Complete Streets Subcommittee, and appointed Councilors Rhonda Pownell and Betsy Buckheit to that Subcommittee. That subcommittee met with City Administrator Tim Madigan and Public Works Director/City Engineer Joe Stapf on March 14, 2012. An outcome of that discussion was to recommend to the City Council the establishment of a Complete Streets Task Force consisting of interested community members, including two members of the Environmental Quality Commission and two members of the Planning Commission.
Two members of the Environmental Quality Commission—namely Joe Gransee-Bowman and George Kinney have volunteered to serve on the Task Force. From the Planning Commission, Joey Robinson and Richard Schulte have expressed an interest in serving.
Staff has prepared for City Council consideration the attached resolution which formalizes the establishment of the Complete Streets Policy Task Force, and appoints its members.
Attachments: 1. Resolution 2012-027 2. City Council Resolution 2012-017 CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2012-027 ESTABLISHMENT OF A COMPLETE STREETS POLICY TASK FORCE, AND APPOINTMENT OF TASK FORCE MEMBERS
WHERAS, the City Council of the City of Northfield adopted City Council Resolution 2012- 017, at the City Council meeting of February 17, 2012; and, WHEREAS, as expressed in that Resolution, the Northfield City Council desires to develop and adopt a Complete Streets Policy to assure city streets are designed, operated and maintained to be safe and accessible for pedestrians, transit riders, bicyclists, drivers—all users regardless of age or ability; and, WHEREAS, The City of Northfield already has many of these elements established in its Comprehensive Land Use Plan, Transportation Plan, Safe Routes to School Plan, Land Development Code, zoning regulations, and design of street improvements projects; and, WHEREAS, development and adoption of a Complete Streets Policy will draw these various elements into a single cohesive document that can be enhanced and clarified where necessary; and, WHEREAS, having a City of Northfield Complete Streets Policy will better position the City of Northfield to partner with the Minnesota Department of Transportation to fully implement the 2010 state Complete Streets law, especially when considering improvements to State Trunk Highways 3, 19, and 246 into and through Northfield.
NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT:
1. The City Council of the City of Northfield hereby establishes the Complete Streets Policy Task Force. 2. The City Council of the City of Northfield hereby approves the appointment of the following individuals to serve as members of the Complete Streets Policy Task Force: Joe Gransee-Bowman, Environmental Quality Commission George Kinney, Environmental Quality Commission Joey Robinson, Planning Commission Richard Schulte, Planning Commission Any other members deemed appropriate 3. The Complete Streets Policy Committee is directed to report back to the City Council by July 15, 2012, with a recommended Complete Streets policy statement.
PASSED by the City Council of the City of Northfield on this 3rd day of April, 2012.
ATTEST
______City Clerk Mayor
VOTE: ___ ROSSING ___ BUCKHEIT ___ GANEY ___ NAKASIAN ___ POWNELL ___ IMM ___ ZWEIFEL
Consent Item 4
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Joseph L. Stapf, P.E., Public Works Director/City Engineer Brian Erickson, P.E., Assistant Public Works Director/Assistant City Engineer Mark Taylor, Public Safety Director
Subject: Award Electrician Services Contract
Action Requested: The City Council is being asked to award the contract for electrician services to Franek Electric, Inc. of Northfield and Guth Electric, Inc. of Northfield.
Summary Report:
Staff has over the past several years requested bids from local contractors for various kinds of services including: Snow hauling Snow removal Plumbing services Grounds maintenance Electrical services As part of this process bidders have provided rates on various items of work and/or hourly rates. This was done in order for staff to insure that the least expensive contractor was being used without having to call for bids on every item of maintenance.
As part of the 2012 bidding process bids were requested and received on the electrical services contract (attachment 1) from two local firms. The bids for various types of work were nearly the same from each contractor, see attachment 2. Additionally, each contractor has performed satisfactory work for the City of Northfield in the past.
One concern regarding the award is the fact that the president of Franek Electric, Gerry Franek, is also the City of Northfield’s Fire Chief. As a result staff has discussed this situation with the City Attorney. Based on his review of City Code (2-121 and 2-127) and MN State Statute (471.87) there is nothing that precludes this contract from being awarded to both firms as staff is recommending as long as Mr. Franek’s interest in the contract is disclosed to the City Council (attachment 3). For the record Mr. Franek, in his official capacity as the Fire Chief, has had no involvement in the request for proposal process for electrical services. Additionally, staff is recommending that any electrical work required on the Public Safety Center be performed by Guth Electric in order to prevent any possible concerns over impropriety.
Staff is recommending that this contract be awarded to both firms. Staff will also establish a rotation between the firms to insure that the distribution remains relatively equitable.
Attachments: 1. Electrical Services Contract 2. Electrical Services Bid Tab 3. Partial E-mail from City Attorney
SPECIFICATIONS AND BIDDER'S PROPOSAL
FOR
2012-2013 CONTRACTED ELECTRICIAN SERVICES
Bid Quotes Must Be Received at:
Public Works Maintenance Facility 1710 Riverview Drive Northfield, MN 55057
By
December 22, 2011
2:00PM
CITY OF NORTHFIELD CONTRACTED ELECTRICIAN SERVICES FOR 2012-2013
NOTICE TO BIDDERS Invitation for Bid Quote:
Proposals will be received at the Public Works Maintenance Facility, 1710 Riverview Drive, Northfield, MN 55057, until 2:00 PM on December 22, 2011 for contracted Electrician Services for 2012-2013 for the City of Northfield
Submission of Bid Quote: Bid quote must be submitted and received no later than 2:00 P.M. on December 22, 2011
Mailed To: Delivered To: Maintenance Facility Maintenance Facility 1710 Riverview Drive 1710 Riverview Drive Northfield, MN 55057 Northfield, MN 55057
The City of Northfield reserves the right to reject any and all bid quotes, waive technicalities, and award the bid in the best interest of the City.
GENERAL SPECIFICATIONS
A. Contractor's Qualification
In order to qualify for this contract, a contractor must be able to demonstrate that he/she has successfully performed services similar to those called for in the specifications. Such work must have been performed for a period of at least two (2) years prior to submitting a proposal. A list of at least two (2) references must be submitted with the proposal.
B. Term of Agreement
The term of this agreement shall commence January 1, 2012. The contract period will be for January 1, 2012 through December 31, 2013 with the option of a one (1) year extension if agreed upon by both parties.
C. Method of Payment
The Contractor shall submit itemized bills for electrical services provided to the City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the City. The Contractor shall provide documentation and reports as required.
D. Working Hours
Allowable working hours within the City of Northfield are Monday through Friday from 7:00am to 7:00 pm. Any deviations from this working schedule must be approved in advance with the Streets and Parks Supervisor or Facilities Supervisor.
E. Independent Contractor
At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor to be an employee of the City.
E. Compliance with Laws and Regulations
In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided hereunder. Any violation shall constitute a material breach of this agreement.
CONTRACT DOCUMENTS
Bidders must familiarize themselves with all local ordinances and statutes pertaining to the work, and examine and determine for themselves the location and nature of the proposed work, and the amount and character of the labor and materials required therefore, and the difficulties which may be encountered.
BIDDERS KNOWLEDGE
The bidders shall acquaint themselves with any and all changes in specifications and changes in methods or procedures or policies as may be set forth in these Contract Documents.
If any person contemplating the submission of a quote for the proposed work is in doubt as to the true meaning to any part of the plans, specifications or other proposed Contract Documents, he may submit to the Facilities Supervisor a written request for an interpretation thereof at least 7 days prior to the scheduled quotes being accepted. The person submitting the request will be responsible for prompt delivery.
All proposals shall be made and received with the express understanding that the Bidder accept the terms and conditions contained in these instructions and the plans and specifications, forms of contract and bond and any other contract documents referred to herein.
If, after the quotes have been delivered to the City, any difference of opinion shall arise as to the true intent or meaning of any part of the specifications, the decision of the Streets and Parks Supervisor or Facilities Supervisor shall be final, conclusive and binding on all parties.
BIDDERS QUALIFICATIONS
If requested, bidders must present satisfactory evidence that they are familiar with the class of work specified, and that they are provided with the necessary capital, tools, machinery and other equipment necessary to conduct the work and complete the improvement within the time specified in the proposal, in a good and workmanlike manner and to the entire satisfaction of the City.
The bidder agrees that he is fully responsible to the City for the acts and omissions of any of his proposed subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him.
Before any subcontractor may commence work, the successful Bidder must file with the City satisfactory certificates, in duplicate, from the involved insurance companies, showing insurance coverage to the same extent and the amounts as required by the successful Bidder.
No subcontractor will be permitted to commence work until authorization by the City to proceed is received in writing by the Contractor.
SUBMISSION OF QUOTES
Sealed quotes will be received by the City, up to the date and hour as specified in the quote request letter. Quotes received after the time specified shall be returned unopened.
All quotes must be made in ink upon the separate quote form included in the specifications and should give price for each item and aggregate amount for the work, and must be signed and acknowledged by the bidder in accordance with the directions on the quote form. In order to insure consideration the quote shall be enclosed in a sealed envelope addressed to the City and clearly marked as to the time and date of quote submittal and the nature of the work. If forwarded by mail, the sealed envelope containing the quote must be enclosed in another envelope addressed to the City, and be clearly marked “Contains Quote”.
Each quote must contain the full name or names of company, contact person(s), post office or mailing address, emergency contact name(s), home and office telephone numbers, and any person signing a proposal as agent of another, or of a firm, may be required to furnish legal evidence of his authority to do so. A corporation bidder must name the state in which its Articles of Incorporation are held. A partnership must give the full names and addresses of all parties.
When a firm submits a quote, the individual names of all its members shall be written out and shall be signed in full; but the signers may, if they choose, describe themselves in addition, as doing business under a firm name and style.
In the case a corporation submits a quote, the quote must be signed in the name of, and under the seal of, the corporation by a duly authorized officer or agent of the corporation and his address given. Such officer or agent may be required to present legal evidence that he has a lawful authority to sign said quote. In the event that any corporation organized and doing business under the laws of a foreign state is the successful bidder, such corporation shall present evidence that it is authorized to do business in the State of Minnesota before the contract is executed.
More than one quote from an individual, firm, partnership or corporation under the same or different names will not be considered. Evidence that any bidder is interested in more than one quote for the same work will be considered sufficient cause for the rejection of all quotes so affected.
A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct quote on his own behalf.
Failure on the part of any bidder to carry out previous contracts satisfactory or his lack of experience or equipment necessary for the satisfactory completion of the project may be deemed sufficient cause for his disqualification.
Unless otherwise specifically provided in the specifications for the improvement, quotes must be made upon each and every item shown on the blank Proposal Form, including all alternate items.
Faxed quotes will not be considered. Modifications to quotes already submitted will be allowed if submitted by facsimile prior to the time specified closing date. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised quotes.
EVALUATION OF QUOTES
The quotes from each responsible bidder will be considered on the basis of the total amount, as shown on the quote form, and awarded according to the lowest total reflecting the correct summation of all item extensions shown or as otherwise described in the Special Provisions.
The City reserves the right to reject any or all quotes or to accept the quote deemed in the best interest of the City. Without limiting the generality of the foregoing, any quote which is incomplete, obscure, or irregular may be rejected, any quote having erasures or corrections in the price sheet may be rejected, any bid which omits an amount on any one or more items in the price sheet may be rejected, any quote in which unit prices are obviously unbalanced may be rejected, any quote accompanied by an insufficient or irregular bid bond may be rejected.
The City may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the City. The City reserves the right to reject any quote if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligation of the Agreement and to complete the work contemplated therein.
MINIMUM INSURANCE COVERAGE
GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE REQUIREMENTS
The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below, which may arise out of or result from Contractor’s execution of the work, whether such execution be by the Contractor or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
Claims under worker’s compensation, disability benefit and other similar employee benefit acts;
Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employee(s);
Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employee(s);
Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; and
Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
Certificates of insurance acceptable (Acord 25-Certificate of Liability form – 2009/09 ) to the City of Northfield shall be filed with the Risk Manager of the City of Northfield within ten (10) days after the receipt of the Notice of Award and not less than ten (10) days prior to starting any work. These certificates shall name the City of Northfield as an additional insured and ensure that in the event the policy is cancelled, the City of Northfield as additional insured is notified of the cancellation. The certificate of insurance, completed as shown in the Example, must be signed by a duly authorized representative of the applicable insurance company or companies.
The Contractor shall procure and maintain, at the Contractor’s own expense, during the time of the contract, liability insurance as hereinafter specified:
Contractor general public liability and property damage insurance including vehicle coverage issued to the Contractor and protecting the Contractor and the City of Northfield from all claims for personal injury, including death, and all claims for destruction of or damage to property, including loss of use resulting therefrom, arising out of or in connection with any operations under the contract documents, whether such operations be by the Contractor or by any subcontractor under said Contractor, or anyone directly or indirectly employed by the Contractor or by a subcontractor under the Contractor. Such liability insurance shall be written on a “Comprehensive General Liability” form or a form by whatever name known wherein the policy provisions included coverage for claims relating to operations or activities by the Contractor or any of the Contractor’s employees or subcontractors or their employees that were not known or anticipated by the applicable insurance company at the time of policy issuance and/or issuance of the certificate of insurance. Preference shall be given to bids that comply with these insurance requirements fully and use an “Occurrence” form of coverage. Quotes submitted that provide evidence of the required insurance written on a “Claims-Made” form of coverage will be considered, however, an “Occurrence” form will receive more favorable consideration. Insurance shall be written with a limit of liability of not less than $1,500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $2,000,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $500,000 for all property damage sustained by any one person in any one accident; and a limit of not less than $1,000,000 for any such damage sustained by two or more persons in any one accident. If the above required insurance, evidence of which is submitted with the Contractor’s bid, is written in a policy form that incorporates an “Aggregate” limit or a maximum dollar amount for all claims in any one policy period, then a “Designated Project or Premises Endorsement” or similar endorsement by whatever name known which provides that the “General Aggregate” or maximum limit of claim payment in any one policy period will be available separately to each of the Contractor’s projects must be included.
The Contractor shall procure and maintain, at its own expense, during the contract time, in accordance with the provisions of the laws of the state in which the work is performed, worker’s compensation insurance, including occupational disease provisions, for all of the Contractor’s employees at the site of the project and in case any work is sublet, the Contractor shall require each subcontractor similarly to provide worker’s compensation insurance, including occupational disease provisions, for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under the contract at the site of the project is not protected under the Worker’s Compensation Act, the Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable insurance for the protection of their employees not otherwise protected. The Contractor shall provide the City of Northfield with proof of worker’s compensation insurance covering all the employees of the Contract and all subcontractors.
CONTRACT INSURANCE REQUIREMENTS - SUPPLEMENTAL
The sample Certificate of Insurance attached is supplied to be transmitted to your agent along with the insurance requirements identified in the Request for Proposal. Should your proposal be selected and the City contract with your company, this will make it possible for your agent to complete a certificate of insurance that will be in compliance with the specifications in the contract.
An important requirement of the contract insurance is that the City be listed as “Additional Insured” by being added to your liability policy by endorsement. This endorsement must accompany the certificate and must be provided to the City prior to the Contractor beginning any work for the City. It may be mailed via regular U.S. mail or may be emailed to:
City of Northfield Maintenance Facility 1710 Riverview Drive Northfield, MN 55057
SPECIAL PROVISIONS
I. GENERAL
1. CODES AND STANDARDS:
References to codes and standards established by federal, state, and local agencies, or by professional trade societies and associations shall be to the latest edition at the time of contract award. The Contractor shall accomplish the work in a workmanlike manner in accordance with all applicable governing codes, standards, regulations and laws.
3. MONTHLY BILLING OF WORK:
Contractor providing Electrical Service for the City are required to turn in a monthly statement of work completed. Monthly statements shall include date work was completed, any hourly rate charges, along with other pertinent information. Monthly billing statement shall be turned in to the City of Northfield Maintenance Facility office and include costs for all electrical services completed in the previous month.
4. WORKING HOURS:
The Contractor will commence accepting work for the City of Northfield in 2012 when contacted. This contract will be valid until December 31, 2013. The Contractor agrees to respond to all requests within 24 hours unless deemed an emergency. Allowable working hours within the City of Northfield are Monday through Friday from 7:00am to 7:00pm. Any deviations from this working schedule must be approved in advance with the Street and Parks Supervisor or Facilities Supervisor.
5. SUPPLIES:
The Contractor will furnish all of the tools, equipment, labor and other services necessary for the construction and completion of the Project. The City of Northfield reserves the right to purchase any or all materials above $500.
6. LOCATES:
The Contractor must have the means and ability to perform electrical locates for the City of Northfield.
2012-2013 CONTRACTED ELECTRICIAN BID
GUTH ELECTRIC FRANEK PO BOX 387 4 JEFFERSON DRIVE NORTHFIELD, MN 55057 NORTHFIELD, MN 55057 MASTER ELECTRICIAN STANDARD SERVICE 50 50 EMERGENCY SERVICE 50 50 AFTER HOURS SERVICE 75 75 JOURNEYMAN ELECTRICIAN STANDARD SERVICE 50 50 EMERGENCY SERVICE 50 50 AFTER HOURS SERVICE 75 75 APPRENTICE ELECTRICIAN STANDARD SERVICE 40 40 EMERGENCY SERVICE 40 40 AFTER HOURS SERVICE 60 55 ADDITIONAL PROPOSAL REQUESTS BUCKET TRUCK 50 PER HR 45 PER HR PORTABLE MAN LIFT 20 PER HR 15 PER HR HR RATE - LOCATES 50 PER HOUR 85 PER HOUR From: Robert Scott Sent: Tuesday, February 14, 2012 4:50 PM To: 'Joe Stapf' Cc: Tim Madigan; Chris Hood Subject: RE: Employee and contracts Importance: High
Good afternoon Joe,
I have reviewed the RFP and proposals to provide electrician services to the City. I had requested an estimate of the value of the contract annually, as the proposals simply listed hourly rates for various services, but it appears the value of the contract is not relevant to our analysis of whether the City can award the contract to Gery Franek, who is currently the City’s Fire Chief.
Under Section 2-121 of the City Code, the Fire Chief is included in the definition of “public official,” and is thus subject to the requirement under Section 2-127 of the Code that “(a)ny public official who has a personal financial interest in any sale, lease, or contract with the city shall make such interest known to the city council and shall be bound by state law in determining how to resolve such a conflict of interest.”
Minn. Stat. § 471.87 prohibits “a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity” from voluntarily having “a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom.”
As long as the Fire Chief would not ordinarily have any involvement in the City’s process for contracting for electrician services, neither state law nor City Code would prevent the City from awarding the contract to Mr. Franek. City Code does require that Mr. Franek’s interest in the contract be disclosed to the City Council, but that is the only requirement that would need to be met.
On your separate question about whether the City can use both Franek and Guth Electric on a case-by- case basis, I don’t see any reason why it couldn’t do that given that this contract was not required to be competitively bid.
Please let me know if you have any questions,
Thanks,
Robert T. Scott, Senior Attorney Flaherty & Hood, P.A. 525 Park Street, Suite 470 St. Paul, MN 55103 Phone (651) 225-8840 Fax (651) 225-9088
CONSENT
Date of City Council Meeting: April 3, 2012
To: City Council City Administrator
From: Mayor Rossing
Subject: Board/ Commission Appointments
Action Requested: The Northfield City Council hereby approves the following appointments: Jay Jasnoch appointed to the Planning Commission for a two-year term ending December 31, 2013. Rob Schanilec appointed to the Arts & Culture Commission for a three-year term ending December 31, 2014
SUMMARY:
The City Council is being asked approve the appointments as noted above. I am recommending the following individuals be appointed to serve the City at this time:
Planning Commission I am recommending the appointment of Mr. Jay Jasnoch to fill out the remaining term of the seat vacated by Ivan Imm. This term runs through December 31, 2013. Mr. Jasnoch is Principal of JADE Architects and a Partner of LOCUST Development Group both of which do business in the Northfield market. He is familiar with the City process for development and has been active with the Developer/Stakeholder groups advising the Planning Commission in the writing of the Land Development Codes. His perspective based in practical application of the Code will be a valuable addition to the Commission.
Arts and Culture Commission I am recommending the appointment of Mr. Rob Schanilec for a 3-year term ending December 31, 2014. Mr. Schanilec is the publisher of The Entertainment Guide and a downtown business owner. He has been actively engaged in promoting and supporting arts and cultural events through his leadership positions for many years and will provide a good bridge for the commission with his experience and because he has his finger on the pulse of what is happening downtown. CONSENT
Date of City Council Meeting: April 03, 2012
To: Mayor and City Council
From: Tim Madigan, City Administrator
Subject: Notice to Chamber of Commerce on CVB
Action Requested:
Authorize notice be given to the Northfield Area Chamber of Commerce that the City Council does not intend to change the current agreement between the City and the Chamber related to Convention and Visitors Bureau services until December 31, 2012.
Summary Report:
Following review of the responses to the request for proposals for Convention and Visitor Bureau services at the City Council work session on March 13, 2012 meeting, Council members requested that the Council take action to give notice to the Chamber of Commerce on the current agreement. The Council also requested that staff return at a later date with a ranking of the three proposals received in response to the RFP.
CONSENT
Date of City Council Meeting: April 03, 2012
To: Mayor and City Council
From: Tim Madigan, City Administrator
Subject: DNR Agreement for Mill Towns Trail
Action Requested:
The Northfield City Council authorizes execution of the attached agreement with the Department of Natural Resources related to the Mill towns Trail segment between Dundas and Northfield.
Summary Report:
The attached agreement with the DNR will designate the trail between Northfield and Dundas near County #78/Armstrong Road as part of the Mill Towns Trail corridor, and will allow for the trail to be widened and paved with State funds. The City will still be responsible for maintenance of the trail.
Attachments: DNR Agreement
MILL TOWNS STATE TRAIL-DUNDAS TO NORTHFIELD SEGMENT LAND USE COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF NORTHFIELD
This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Northfield, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes Section 85.015, sub. 8a, to establish, develop, maintain and operate the Mill Towns State Trail; and
WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and
WHEREAS, the State and City have determined that the development, operations and maintenance of the Mill Towns State Trail is of high priority; and
WHEREAS, the State and City have determined that the segment of existing City developed, bituminous surfaced, recreational trail, located between the trailhead in Dundas to the eastern right-of way of Highway 3 in Northfield, should be designated as a segment of the Mill Towns State Trail, hereinafter referred to as the “Trail Corridor”; and
WHEREAS, the City owns and/or has a Limited Use Permit and/or holds easements to use land described as: Sec. 1, 2, 10, and 11, T.111N, R.20W, Rice County, as shown on the attached map in Exhibit A; and
WHEREAS, the State shall manage and administer the Trail Corridor as the Mill Towns State Trail as established; and
WHEREAS, a resolution or copy of the City of Northfield council meeting minutes authorizing the respective entities to enter into this agreement is/are attached hereto as Exhibit B; and
NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows:
I. STATE’S DUTIES AND RESPONSIBILITIES
a. The State shall manage and administer the City developed Trail Corridor as a segment of the Mill Towns State Trail as established.
b. The State shall design and construct all future Trail Corridor associated improvements. The design shall meet ADA requirements.
c. The State will encumber funds for improvements to the Trail Corridor through the standard internal purchasing process including, but not limited to, a separate requisition request.
d. The State will provide and install the appropriate signage for the Trail Corridor as a segment of the Mill Towns State Trail. The State shall also provide all trail related informational signs for the Trail Corridor as determined by Department of Natural Resources policy.
e. The State shall permit the City to review and approve any alterations to the Trail Corridor proposed by the State.
Mill Towns State Trail-Northfield Segment 1 of 4 City of Northfield MnDNR Parks & Trails Draft 5Dec11
f. The State reserves the right to inspect the Trail Corridor at any time to ensure that the City is in compliance with this agreement.
II. CITY DUTIES AND RESPONSIBILITIES
a. The City shall allow the State to construct improvements to the Trail Corridor as defined within Exhibit A.
b. The City shall permit the State to review and approve any alterations to the Trail Corridor proposed by the City. Proposed alterations to the Trail Corridor shall meet ADA requirements.
c. The City shall operate and maintain the Trail Corridor consistent with all local, state, and federal laws, regulations and rules that may apply to the management, operation, and maintenance of a State Trail.
d. The City shall provide police protection and patrols for the Trail Corridor in accordance with the City’s established police department policies for a facility of this type.
e. The City shall maintain the Trail Corridor and related facilities and keep them in good and sanitary order in accordance with the City's established practices and DNR standards for maintenance of trail facilities which includes following the invasive species management guidelines as shown in Exhibit C. Duties include trail sweeping, mowing, sign repair, bituminous patching including crack sealing and fogging, invasive species management, litter collection, and minor shoulder work.
f. The City shall maintain its landownership as described in Exhibit A.
III. FUNDING The State shall provide funding for it’s responsibilities under Article I above through the standard internal purchasing process including, but not limited to, a separate requisition in which funds will encumbered. The obligation of the State is also limited to the amount of funds legislatively appropriated and administratively allocated to this project.
a. Effective Date: January 1, 2012, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later.
b. Expiration Date: December 31, 2037, or when all obligations under Article I has been satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed.
The City shall provide funding for it’s responsibilities under Article II above through the City’s purchasing process. The obligation of the City is also limited to the amount of funds budgeted and allocated to this project by the City Council.
IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law.
V. TERM c. Effective Date: January 1, 2012, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later.
Mill Towns State Trail-Northfield Segment 2 of 4 City of Northfield MnDNR Parks & Trails Draft 5Dec11
d. Expiration Date: January 1, 2037, for a period of twenty five (25) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required given notice is given.
VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement.
VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota.
VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the completion of the activities covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State’s receiving that notice.
IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State.
X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement.
XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office.
XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: The State The City Minnesota Department of Natural Resources City of Northfield Parks and Trails Division Area (4D) Supervisor City Administrator
Mill Towns State Trail-Northfield Segment 3 of 4 City of Northfield MnDNR Parks & Trails Draft 5Dec11
2300 Silver Creek Road NE 801 Washington Street Rochester, MN 55906 Northfield, MN 55057 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby.
DEPARTMENT OF NATURAL RESOURCES CITY OF NORTHFIELD
By: ______By: ______
Title: ______Title: ______
Date: ______Date: ______
DEPARTMENT OF ADMINISTRATION CITY OF NORTHFIELD Delegated to Materials Management Division
By: ______By: ______
Title: ______Title: ______
Date: ______Date: ______(Effective Date)
STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05.
Signed:
Date:
Contract: ______
Mill Towns State Trail-Northfield Segment 4 of 4 City of Northfield MnDNR Parks & Trails Draft 5Dec11
REGULAR
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Michele Merxbauer, Interim Community Development Director
Subject: First Reading of Ordinance No. 931 – Land Development Code
Action Requested:
The City Council is being asked to have the first reading of Ordinance No. 931 amending Northfield City Code Chapter 34: Land Development Code.
Summary Report:
The City Council is being asked to consider amendments to the City’s Land Development Code as recommended by the Northfield Planning Commission on February 16, 2012. The Land Development Code was first adopted put into effect on September 6, 2011. Since the City Council first adopted the LDC, the Planning Commission has been revising sections of the code that were found to be problematic, needed more clarification, and addressing sections of the code that had not been revised in the first large re-write of the LDC.
ANALYSIS:
The Planning Commission held the public hearing as required by State Statute 331A.02 and 331A.07 on February 16, 2012. The public hearing was properly noticed in the Northfield News on February 4, 2012. The Planning Commission received no public testimony and closed the public hearing. The Planning Commission made minor spelling and clarification changes and recommended that staff forward the document to the City Council for final approval. The Planning Commission has met bi-monthly and has continued to devote time to the re-write and fine tuning of the LDC to ensure it reflects the regulatory policy of the City of Northfield and the direction that is established in the Comprehensive Plan.
The Planning Commission received a request from the City Council to review the Adult Use section, and also received a request to review the Perimeter Transition Area and college use zones with representatives from both colleges. Articles Two and Three of the proposed LDC have undergone the greatest degree of detailed review and change as part of the review process. As a result, numerous changes to the proposed LDC have been made by the Commission. These changes are apparent in the attachment by both underlining or crossed-out words, and indications in the right-hand margin of where the changes are located. These include, but are not limited to:
Changes to the permitted use table (Table 2.7-1) to reflect the allowance of raising crops in the N2-B zone and the addition of a mixed-use commercial/residential in C1-B Changes to use definitions Changes to the adult use section and definitions The addition and definition of commercial/residential uses in C1-B Revisions to the I1-B District Site Development Standards Revisions to Subdivision Design Standards
In addition, the Planning Commission continues to devote time to detail review, which will result in a need for an additional amendment to the adopted LDC towards the end of 2012. This continued review will involve the following provisions of the LDC as identified by the Commission: I1-B District Regulations Economic Development Floating District Solar devices regulations Agriculture District Neighborhood Center Floating Manufactured Home District Wind Energy Turbine regulations Telecommunication Devices Mining, Extraction and Aggregate Others
Attachments: 1. Summary of changes 2. Revised sections of Chapter 34: Land Development Code
Please note: Council will be emailed a document showing LDC changes that will include more of the text before and after the changes, to give more context to the change. Due to the length of the document this will not be provided in the packets. A hard copy will be available at the library and City Hall for viewing, and an electronic addendum will be available online. Summary of Changes to the LDC
1. Page 1: 2.3.9 (A)(2): clarifies the I1-B zoning district for existing uses prior to the adoption of the current code.
2. Page 2: 2.7.2 Use Table: Crop Raising identified as a Conditional Use in N2-B; various reference sections corrected.
3. Page 3: 2.7.2 Use Table: Vehicle Rental allowed as permitted use in I1-B; various reference sections corrected.
4. Page 4: 2.7.2 Use Table: Various reference sections corrected.
5. Page 5: 2.8.3: Added (N) Mixed Use Commercial/Residential category, which allows for residential uses in the downtown area above or behind a ground floor business.
6. Pages 5-10: Changes made to Adult Use section. It was determined after Council requested the Planning Commission to review the zoning for Adult Uses, that much of the Adult Use ordinance from the prior code was not brought into the current code; it was determined by the Planning Commission that this was an oversight by the consultant. These pages clarify the Adult Uses and locations, including zoning and distances. Distance was increased from 400 feet to 500 feet. Table 2.9.2 was taken out because the information is presented in a list instead. The Planning Commission was conscientious to determine which items should be placed in the land development code versus a licensing ordinance, and left out requirements such as licensing and hours of operation, as it was determined those were licensing regulations rather than zoning.
7. Page 10: 2.9.11: Outlines and describes Mixed Use/Commercial Residential
8. Pages 11 and 12: Fixes references
9. Page 13: 3.2.5: Amends size and setbacks for I1-B zoning; 3.5.2: Clarifies how exemptions and standards should be applicable in the PTA sub-zone.
10. Page 14: 3.10.1 (A)(13) Identifies the City plans to be used for reference for subdivision requirements.; 3.10.2: Defines applicablility for subdivision approvals.
11. Page 15: 3.10.4: Minor revisions of the section for clarification purposes.
12. Page 16: 3.11.2: Revises from “minimum lot dimensions” to only “lot dimensions.” Various other language clarifications and references corrected.
13. Page 17: 3.11.3: Adds a purpose statement to the Streets section; other language clarifications and references corrected.
14. Page 18: 3.11.3(B)(4): Clarifies pedestrian improvements in difficult circumstances; removes minimum distance between driveways from Table 3.11-3; 3.11.3(B)(8) references the Transportation Plan.
15. Pages 19 and 20: Language clarifications and references corrected.
16. Pages 20, 21 and 22: 3.11.5: Purpose Statement added to Surface Water, Drainage, Water Quality and Erosion Control section, and added (B) Subdivider Responsibilities; 3.11.6: added Purpose Statement, etc to Parks Section.
17. Pages 24-26: Various language clarifications and references corrected.
18. Page 27: 5.5.9: language clarifications added; 5.5.12(D)(1)(b) Added language for final plat approval procedure.
19. Pages 28 and 29: Added Definitions for Adult Use, Anatomical Areas and Sexual Activities.
ORDINANCE NO. 931
AN ORDINANCE OF THE CITY OF NORTHFIELD, MINNESOTA, AMENDING NORTHFIELD CODE, CHAPTER 34 – LAND DEVELOPMENT CODE, ARTICLE 2, ZONING DISTRICTS AND USE REGULATIONS, ARTICLE 3, DEVELOPMENT STANDARDS, ARTICLE 5, DEVELOPMENT PROCEDURES, AND ARTICLE 6, DEFINITIONS THE CITY COUNCIL OF THE CITY OF NORTHFIELD DOES ORDAIN THAT:
Northfield Code, Chapter 34 – Land Development Code, Article 2. – Zoning Districts and Use Regulations, Section 2.3, Base Zoning Districts; Section 2.5, Overlay Zoning Districts; Section 2.7, Permitted Principal Uses; Section 2.8, Use Definitions; Section 2.9, Use Specific Standards; Article 3. – Development Standards, Section 3.2, Site Development Standards; Section 3.5, Neighborhood Compatibility Standards; Section 3.10, Basic Subdivision Requirements; Section 3.11, Subdivision Design Standards; Section 3.12, Development Standards for the FP-O District; Article 5. – Development Procedures, Section 5.5, Specific Development Review Procedure Requirements; Article 6. – Definitions, Section 6.2, Definitions, are hereby amended as follows (deleted material is crossed out; new material is underlined; sections and subsections not being amended are omitted):
Article 2: Zoning Districts and Use Regulations
2.3 Base Zoning Districts
2.3.9 Industrial District (I1-B) [DISCONTINUED DISTRICT]
(A) Purpose
(2) The purpose of the Industrial (I1-B) district is to provide an area to accommodate existing manufacturing uses, general businesses, offices, service and repair businesses, warehousing and office showroom uses in existence prior to the effective date of this code and any additions to or redevelopment of those uses. Limited and incidental retailing shall be allowed in this district. Its overall character is intended to be compatible in scale and intensity with the adjacent highway commercial district. The portion of the district that abuts the Cannon River shall be developed in a manner that enhances, restores, augments and maintains the ecology and beauty of this natural corridor.
2.5 Overlay Zoning Districts
2.5.1 Floodplain Overlay District (FP-0)
(D) Establishment of Subdistricts
(2) Compliance
(a) New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically Section 3.12.9, Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles.
2.7 Permitted Principal Uses
2.7.2 Explanation of Table of Permitted Uses
Table 2.7-1: Permitted Principal Uses Use Category and Use Type Special Base Floating Base Zoning Districts Zoning Zoning Districts Districts * Discontinued Zoning District Use-Specific
P = Permitted Use Standards in
C = Conditional Use 1 F F S B B B B S - S ------B
- Section: S[2] - - B [1] B [1] B [3] B [4] PE = Pre-Existing Use - - - - - A PI PB R1 R4 N1 N2 I1 ED [#] Reference to Notes at Bottom of the Table NC CD R2 R3 C1 C2
Agricultural Use Category Agricultural Buildings ------P P ------Crop Raising ------C ------P P -- P -- P Stables and Raising of Livestock ------P P ------Wholesale or Commercial Plant ------P PE P P ------Nurseries Group Living Use Category Dormitories/Residence Hall PE ------P ------Residential-Care, Licensed In-Home P P P P P P P ------for six or Fewer Persons Residential-Care, Licensed for More C P P -- P P P C ------than six Persons Specialized Care Facilities -- P P -- -- P -- P ------P -- -- Household Living Use Category Bed & Breakfast Establishments P P P -- P P P P -- P P ------2.9.3 Dwelling, Multi-Family (Apartment PE P P -- P P P P -- -- P ------2.9.143(A)(2) Building with nine or more units) Dwelling, Multi-Family (Apartment PE P P -- P P P P -- -- P ------2.9.143(A)(3) House with four to eight units) Dwelling, Multi-Family (Rowhouse) -- P P -- P P -- P -- -- P ------2.9.143(A)(4) Dwelling, Single-Family, Two-Family, P P P -- P P PE -- -- P P ------Three-Family Live-Work ------P P P -- -- P ------2.9.10 Live-Work /Rowhouse ------P P P -- -- P ------2.9.10 Manufactured Home Park -- C C P C C C C ------2.9.12
2 Table 2.7-1: Permitted Principal Uses Use Category and Use Type Special Base Floating Base Zoning Districts Zoning Zoning Districts Districts * Discontinued Zoning District Use-Specific
P = Permitted Use Standards in
C = Conditional Use 1 F F S B B B B S - S ------B
- Section: S[2] - - B [1] B [1] B [3] B [4] PE = Pre-Existing Use - - - - - A PI PB R1 R4 N1 N2 I1 ED [#] Reference to Notes at Bottom of the Table NC CD R2 R3 C1 C2
Mixed Use Commercial/Residential P 2.9.11 Commercial Use Category Adult Uses ------P ------2.9.2 Animal Hospital/Veterinary Clinics ------C P ------Auto Service Stations PE ------PE P P ------P Banks or Financial Institutions ------P P P ------P Bars, Taverns, Nightclubs, Banquet ------P P P ------Halls Commercial Truck Storage and Parking ------P ------Convenience Stores ------C -- P P ------C C Day Care Facilities -- P P P P P P P P ------C C 2.9.5 Day Care Facilities, In-Home P P P -- P P P -- -- P ------Drive-Through Establishments ------C P ------2.9.6 Farm Implement Sales and Service ------P P P ------Firearms Dealers ------P ------2.9.7 Funeral Homes PE ------P P P P ------Gasoline Station (Fuel Sales) PE ------PE P P ------2.9.8 Greenhouses, Garden, and Landscaping ------P P P P ------Sales and Service Hotel, Motel, Extended Stay ------P P P ------Establishments Kennels ------P P P ------Neighborhood-serving Commercial ------P P ------2.9.154 Offices, Business ------P P P ------Medical Clinic ------P P ------Parking Lots or Ramps ------C P P ------P -- P Personal Services ------P P P ------C Private Clubs ------P P ------Recreational Vehicle Parks ------C ------Restaurant ------P P P ------C Restaurant, Drive-through ------C P ------C Restaurant, Limited Service PE ------C -- P P ------C C Retail Sales and Service ------P P P ------P C P 2.9.176 Theaters ------P P P ------Vehicle, Boat or Recreational Sales & ------P P ------Service Vehicle Rental ------P P P ------2.9.198 Industrial, Manufacturing, Research, and Wholesale Use
3 Table 2.7-1: Permitted Principal Uses Use Category and Use Type Special Base Floating Base Zoning Districts Zoning Zoning Districts Districts * Discontinued Zoning District Use-Specific
P = Permitted Use Standards in
C = Conditional Use 1 F F S B B B B S - S ------B
- Section: S[2] - - B [1] B [1] B [3] B [4] PE = Pre-Existing Use - - - - - A PI PB R1 R4 N1 N2 I1 ED [#] Reference to Notes at Bottom of the Table NC CD R2 R3 C1 C2
Automobile or truck repair, including ------PE P P ------C body work Bulk Storage of Liquids ------C ------C 2.9.4 Distribution Facilities ------P P ------P Industrial Uses (Indoors) ------C P P ------P 2.9.9 Industrial Uses with Outdoor/Open ------P ------P storage of Parts, Products, or Fuels Lumberyards and Construction ------P P ------Material Sales Mining, Extraction, and Aggregate ------C C ------C 2.9.132 Processing Mini-Warehouses ------P ------Recycling of Aggregate Material ------P P ------Warehouses and Yards ------P ------P Wholesale Commercial Uses ------P ------P Public Facilities, Telecommunication, Utilities Use Category Essential Services P P P P P P P P P P P P P P P Telecommunication Facilities and C C C C C C -- C P P P C P -- P 2.9.187 Antennae Public, Institutional, or Recreational Use Category Campgrounds ------C C P -- P ------Cemeteries ------P -- P P -- -- College Related Offices ------P ------Cultural Facilities C C C C C C P P ------P C P -- Golf Courses ------P -- P P -- -- Hospitals ------P P ------P -- P Open Space, Urban (Plazas), P P P -- P P P P ------P P P -- Conservation Areas Public Access to Rivers and Streams ------P P P -- -- P ------Public and Semipublic Buildings C C C C C C C P P C -- P P -- P Recreational Facilities, Indoor ------P P P P -- P P -- -- Recreational Facilities, Outdoor [4] C C C -- C C C -- C C -- P P -- -- 2.9.165 Religious Institutions C C C C C C C C ------School (Elementary or Secondary) C C C -- C C C PE -- C ------School (Institutions of Higher PE P/ Education – College, Seminary, or ------C C -- P ------C University) [5] School (Nursery or Kindergarten) C C C -- C C C C C C -- C ------School (Trade, Business, or Other) ------C C C ------
4 Table 2.7-1: Permitted Principal Uses Use Category and Use Type Special Base Floating Base Zoning Districts Zoning Zoning Districts Districts * Discontinued Zoning District Use-Specific
P = Permitted Use Standards in
C = Conditional Use 1 F F S B B B B S - S ------B
- Section: S[2] - - B [1] B [1] B [3] B [4] PE = Pre-Existing Use - - - - - A PI PB R1 R4 N1 N2 I1 ED [#] Reference to Notes at Bottom of the Table NC CD R2 R3 C1 C2
NOTES: [1] Discontinued Zoning District [2] College-related uses are permitted uses in the IDA portion of the CD-S district and in parts of the PTA that adjoin all districts except residential and commercial districts. College-related uses are conditional uses in parts of the PTA adjacent to residential and commercial districts. [3] Within the C1-B District commercial uses are required on the ground floor, and any residential uses shall be located behind or above the commercial use. [4] Within the C2-B District, miniature golf facilities are allowed as a Permitted Use. [5] The property at 320 3rd Street E. designated as PE may be used for any college-related use other than residential. Any college- related PE in the R1-B district that is subject to a conditional use permit must continue to meet the conditions of the conditional use permit unless otherwise approved by the City. Other college-related uses in existence in the R1-B district prior to the effective date of this code, unless designated as PE, are nonconforming uses in the R1-B district.
2.8 Use Definitions
2.8.3 Household Living Use Category
(N) Mixed Use Commercial/Residential
A structure in which commercial activity is located on the ground floor and residential living spaces are located above on the second or third floors, or behind the commercial unit on the first floor.
Existing Section 2.8.3 (N) shall be renumbered accordingly.
2.8.4 Commercial Use Category
(A) Adult Uses
(7) Adult Establishment
Any establishment in which an adult use comprises more than ten percent of the floor area of the establishment in which it is located or more than 20 percent of the gross receipts in any month for the entire business operation.
Existing Sections 2.8.4 (A) (7-17) shall be renumbered accordingly.
5 (1011) Adult Mini-Motion Picture Theater
Any building or portion of a building with a capacity of fewer than 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors because of age and if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
(1112) Adult Miscellaneous Adult Use
2.9 Use-Specific Standards
2.9.2 Adult Uses
(A) Findings and Purpose
(1) The state attorney general prepared a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989. The report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses, also called adult establishments. (2) The attorney general's report, based upon the studies referenced in paragraph (1) above and the testimony presented to it, concluded “that sexually oriented businesses are associated with high crime rates and depression of property values.” In addition, the attorney general’s working group “…heard testimony that the character of a neighborhood can dramatically change when Formatted: Font color: Black there is a concentration of sexually oriented businesses adjacent to residential property.” The report concluded that: Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses;
Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transience, and decreased stability of ownership;
The adverse impacts that adult uses have on surrounding areas diminish as the distance from the adult use increases;
Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior;
6 The City of Phoenix, Arizona, study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses;
Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses;
Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses;
The Indianapolis, Indiana, study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one- to three-block area of the store;
The adverse impacts of adult uses are exacerbated when the uses are located near each other; and
The presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood.
(3) The city council finds that the characteristics of the city are similar to those of the cities cited by the report when considering the effects of adult uses. (4) The city council finds, based upon the report and the studies cited therein, that adult uses will have secondary effects upon certain pre-existing land uses within the city. (5) The city council finds that adult uses could reasonably be allowed in an industrial district if separated from certain sensitive land uses, if those same sensitive land uses are not allowed in an industrial district, and if potential adult uses are separated from one another. The city council also finds that there are a reasonable number of distinct locations within the city's industrial districts where adult uses might locate and meet reasonable spacing standards from sensitive land uses and from one another.
Studies conducted by the Minnesota Attorney General, the American Planning Association, and the Texas City Attorneys’ Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana, Hopkins, Minnesota, Ramsey, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower property values, increased transiency, neighborhood blight, and potential health risks. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult establishments increases. Based on these studies and findings, the city council concludes:
7 (1) Adult establishments have adverse secondary impacts of the types set forth above on the neighborhoods surrounding them, which is distinct from the impact caused by other commercial uses.
(2) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic, licensing, and health requirements.
(3) It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city.
(4) Many members of the public perceive areas within which adult establishments are located as less safe than other areas that do not have such uses.
(5) A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and the operators of the adult establishment. A licensing procedure will place an incentive on the operators to see that the adult establishment is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the residents of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult establishment, fully in possession and control of the premises and activities occurring therein.
(6) The fact that an applicant for an adult establishment license has been convicted of a sexually-related crime is rationally related to the legitimate concern that the applicant may engage in similar criminal conduct in the future.
(7) The barring of individuals with sexually-related criminal convictions from the management of adult establishments for a period of time serves as a deterrent to future criminal conduct.
(8) The general health, safety, and welfare of the community is promoted by prohibiting nudity in adult establishments. This prohibition is based on concerns of potential adverse effects such as prostitution, the transmission of sexually-transmitted diseases, exposure to minors, obscenity and unsanitary conditions in public places.
(9) Smaller cities throughout Minnesota experience many of the same adverse impacts of adult establishments that are present in larger metropolitan communities.
(10) The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments.
8 (11) The city council finds the characteristics of the city are substantially similar to those of the cities cited when considering the affects of adult establishments.
(12) The city council finds, based upon the report and the studies cited, that adult uses may have adverse secondary effects upon certain preexisting land uses within the city, and that the public health, safety, and general welfare will be promoted if the city adopts regulations regarding adult uses.
(13) The city council finds that the adverse secondary effects tend to diminish if adult uses in the city are regulated by locational and licensing requirements.
(B) Permitted Location offor Adult Uses
Table 2.9-1 illustrates the minimum setbacks for adult uses from certain specified uses and districts. Measurements shall be made in a direct line from the nearest point on the property line of each premise where such use is located. Only one adult use establishment is allowed per free-standing building. Adult use establishments shall be located at least 500 feet as measured in a straight line, from the main public entrance of the adult establishment to the nearest boundary line of the following:
(1) Any residential zoning district, existing residential use within or outside of city limits, or any PD-O district
(2) Any daycare center;
(3) Any school;
(4) Any youth organization facility;
(5) Any establishment with a liquor license;
(6) Library;
(7) Any public park;
(8) Any religious institution;
(9) Any public playground or other public recreational facility, not including trails or walkways;
(10) Nearest lot line of any other adult use;
9 (11) From the right of way of Highways #3 and #19 (See Table 2.7-1)
Table 2.9-2: Adult Use Setback Requirements Setback Distance From 400 Feet Nearest lot line of any residential zoning district, existing residential use, or PD-O district. 400 Feet Day care center, school, youth organization facility, establishment with a liquor license, library, park, religious institution, playground or other public recreational facility, not including trails or walkways. 500 Feet Nearest lot line of any other adult use.
2.9.11 Mixed Use/Commercial Residential
(A) Purpose
The purpose of mixed use commercial and residential in the commercial districts is to allow for residential opportunities in the second and third floors above, or on the first floor behind, commercial spaces throughout the downtown.
(B) General Standards
(1) Residential units may be located in the floors above or in the space commercial spaces throughout the commercial districts. The residential portion, if located on the ground floor, shall be completely located behind the commercial portion of the building such that the ground floor street façade is a commercial use and commercial façade.
(2) The residential portion of the mixed use shall have at least one entrance that exits to grade and is separate from any commercial entrance or commercial portion of the structure.
(3) Signage regulations for mixed use units shall adhere to Section 3.7, Signage for commercial districts.
Existing Sections 2.9.11 through 2.9.18 shall be renumbered accordingly.
2.9.178 Telecommunication Facilities and Antennas
(C) Towers in the R1-B, R2-B, R3-B, R4-B, A-S, or CD-S Districts
(1) Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed as a conditional use, and only in the following locations:
10 (b) Park sites, when compatible with the nature of the park, provided that the requirements of Section 2.9.178(F)(2) are met; and
(G) General Location Standards for Telecommunication Facilities
All telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions, shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions:
(H) Roads and Parking
All telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions, shall be served by the minimum roads and parking areas necessary. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions:
(I) Landscaping and Screening
All telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions, shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions:
(J) Environmental Resource Protection
All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions:
(L) Visual Compatibility
All telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions, shall be constructed and sited so as to minimize the visual effect of such facilities on the surrounding area. To that end the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.178 (B), Exemptions:
11 Article 3: Development Standards
3.2 Site Development Standards
3.2.2 Residential Site Development Standards
Table 3.2-1: Residential District Site Development Standards R1-B R2-B R3-B R4-B N1-B
Permitted Density Controlled by Controlled by 8.1 to 15 units 15.1 to 25 units See Section Permitted Density Lot Width and Lot Width and per acre (Gross) per acre (Gross) 2.9.121(E) Lot Depth Lot Depth Build-to Line See Section See Section Front Street Not Applicable Not Applicable Not Applicable 3.5.4 3.5.4 See Section See Section Side Street Not Applicable Not Applicable Not Applicable 3.5.4 3.5.4 Building Area Ratio Building Area Ratio 25% Not Applicable Not Applicable Not Applicable 30% Building Setbacks See Section See Note [1] See Note [1] See Section Front 3.5.4 Below Below 3.5.4
See Section See Note [1] See Note [1] Side 3.5.4 Below Below See Section See Section 2.9.121(E) 3.5.4 See Note [1] See Note [1] Rear 30 Feet 30 Feet Below Below Between Buildings Not Applicable 10 Feet 10 Feet Not Applicable Lot Depth Max. Lot Depth 150 Feet Not Applicable Not Applicable Not Applicable 150 Feet Minimum and Maximum Lot Width Single-Family Not Applicable Not Applicable 50-75 Feet [2] 50-75 Feet [3] Dwelling [2] [2] Not Applicable Not Applicable See Section. Two-Family Dwelling 60-85 Feet 60-85 Feet [2] [2] 2.9.121(E) Three-Family Not Applicable Not Applicable 75-105 Feet 80-105 Feet Dwelling [2] [2] Multi-Family Not Applicable Not Applicable Not Applicable Not Applicable 105 to 150 Feet Dwellings [2] [2] As determined As determined by the planning Not Applicable Not Applicable See Section. by the planning Other Forms commission in [2] [2] 2.9.121(E) commission in the CUP review the CUP review Building Height Max. Building Height See Section See Note [4], See Note [4], See Section. See Section 3.5.4 below below 2.9.121(E) 3.5.4
12 Table 3.2-1: Residential District Site Development Standards R1-B R2-B R3-B R4-B N1-B
Parking Lot Setbacks Ten feet along Ten feet along Parking Lot Setbacks Not Applicable property lines property lines Not Applicable Not Applicable and public rights and public of way rights of way NOTES: [1] Building placement requirements for one, two, and three unit residential structures are found in Section 3.5.4, Standards for Development in R1-B, R2-B, R3-B, N1-B. Building setback requirements for four or more unit residential structures are 30 feet from any property line. [2] Minimum and maximum lot widths for lots zoned R2-B and R3-B shall be the lot widths as part of the official lot of record. [3] Lot widths of 40 feet shall be allowed on lots where access is provided by an alley as permitted in Section 3.11.3(B)(11), Alleys and Private Streets or for single family lots with shared driveways. [4] Building height requirements for one, two, and three unit residential structures are found in Section 3.5.4, Standards for Development in R1-B, R2-B, R3-B, N1-B. The building height requirement for four or more unit residential structures is 30 feet, but buildings may exceed 30 feet in height if for each additional ten feet of height, the building is set back an additional five feet from all adjacent buildings and lot lines.
The reference in Table 3.2-2, Note [5] shall be changed as follows: Section 2.9.134.
3.2.5 I1-B District Site Development Standards
(A) The minimum lot size shall be 20,000 10,000 square feet.
(C) The minimum front yard setback shall be 20 10 feet.
(D) The minimum side yard setback shall be 15 10 feet from a lot line or 20 10 feet from a street unless a greater setback distance is required by the state building code or other regulation.
3.5 Neighborhood Compatibility Standards
3.5.2 General Provisions
(A) Except where exempted by Section 3.5.3, Exemptions, these standards shall apply to the development, expansion, or redevelopment of structures in the R1-B, R2-B, R3-B, N1-B, and NC-F districts. In the PTA subzone, these standards shall be used as guidelines and not absolute standards.
13 3.10 Basic Subdivision Requirements
3.10.1 Purpose and Applicability
(A) The city hereby adopts subdivision regulations, the authority of which is provided for in Minn. Stat. §462.358. The intent of these regulations is to protect and provide for the public health, safety, morals, and general welfare of the city and its people, and specifically to achieve the following purposes:
(13) To implement the policies and objectives found in adopted plans of the city including but not limited to:
The Comprehensive Sanitary Sewer Plan;
The Comprehensive Water Plan;
The Greater Northfield Area Greenway System Action Plan;
The Natural Resources Inventory;
The Parks, Open Space, and Trail System Plan; and
The Comprehensive Transportation Plan Update.
3.10.2 Subdivision Approval Required
(A) Applicability
Subdivision approval, in compliance with the provisions of this section shall occur as follows:
(1) Minor Subdivision where a lot division or consolidation results in three or less parcels under certain conditions as described in Section 5.5.11, Minor Subdivision or Lot Consolidation.
(2) Major Subdivisions where a lot division creates two or more parcels, lots, or tracts under single ownership where the division necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, or any change in the lot line or lines of a parcel, lot, or tract, or the establishment of the lot lines of a parcel, lot, or tract not previously platted as described in Section 5.5.12, Major Subdivisions.
14 Subdivision approval, in compliance with the provisions of this section, Section 5.5.11, Minor Subdivision or Lot Consolidation and Section 5.5.12, Major Subdivisions, shall be required for the separation of an area, parcel, or tract of land under single ownership into two or more parcels, lots, or tracts where the division necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, or any change in the lot line or lines of a parcel, lot, or tract, or the establishment of the lot lines of a parcel, lot, or tract not previously platted.
3.10.4 Development Agreement Required
(B) Required Improvements
(2) Other Improvements
The subdivider shall arrange for the installation of private utilities including but not limited to telecommunications cabling, telephone, cable TV, electrical and natural gas service following the backfilling of the curb and gutter.
(C) Installation of Basic Improvements
(2) The city council reserves the right to, in its sole discretion, elect to install all or any part of the basic improvements required under the provisions of this section and assess the costs to the benefiting property owners pursuant to Minn. Stat., Chapter 429, as may be amended.
(3) Unless separate written approval has been given by the city as provided for in Section 5.5.12(B)(3)(a), within the plat or land to be platted, the subdivider may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings within the plat or land to be platted until all the following conditions have been satisfied:
(H) Warranty/Maintenance Guarantee
(4) The required warranty period for erosion control will be for five years from acceptance of the improvements as established in the development agreement.
15 3.11 Subdivision Design Standards
3.11.1 General Standards
(H) Open Space and Natural Features
(1) Natural amenities features (including views, protected trees, creeks, riparian corridors, rocky outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.
3.11.2 Lot and Block Design
(A) Minimum Lot Dimensions
(1) All lot dimensions shall comply with the minimum standards of the applicable zoning district in this LDC. Depth and width of properties reserved or laid out for commercial, office or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use contemplated, as established in this LDC. (See Tables 3.2-1, 3.2-2 and 3.2-3)
(B) Lots Designed for Affordable Housing
The city encourages the development of affordable housing. In an effort to encourage the distribution of lots for affordable housing across the city, as an alternative to clustering affordable housing in a single area of the city, no more than 20 percent of any lots on a single block may include deed restrictions or other covenants that are tied to the provision of affordable housing (e.g., limiting housing costs or establishing maximum income levels)(See Table 3.2-2, Note [4]).
(D) Street Frontage Required
Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum the lot width required by the applicable zoning district.
(G) Double Frontage Lots
(3) Corner lots shall be of sufficient width and depth to comply with the minimum building setback or build-to line requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in this LDC. See the provisions related to corner lots in Section 3.11.2(F)(1).
16
(J) Lots Abutting Water
(1) If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the shoreline of the water body among the fees of adjacent lots. The city may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the shoreline of the water body is so placed that it will not become a city responsibility.
(K) Large Tracts
When a parcel of land is subdivided into larger tracts than for building lots, such tracts shall be divided so as to allow plan for future lots and for the opening of major streets and the ultimate extension of adjacent streets and utilities.
3.11.3 Streets
(A) Purpose
Northfield views the street system as an integral element of the public realm that is designed in coordination with the Land Use Principles found in the Northfield Comprehensive Plan. A well designed street system creates a lasting image of the City. Therefore, these regulations are proposed to insure:
(1) a high degree of connectivity,
(2) provide for a pleasant experience while moving throughout the city,
(3) linkage to the various residential and commercial neighborhoods,
(4) an accessible multi-modal system, and
(5) a system with a high degree of safety and convenience for the movement of people, goods and services.
(AB) General Requirements
(1) Gated Communities Prohibited
“Gated communities” and other similar residential developments (wheredevelopments that contain a gate or other barrier is placed across an access road, that is or that are designed to appear or that function as walled-off areas disconnected and isolated from the rest of the community), are prohibited.
17 (4) Topography and Arrangement
(b) Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for multi-modal pedestrian circulation, emergency access, and vehicle trips from, to, and within the subdivision., as appropriate. Where street connections cannot occur due to topography, design constraints or some other feature beyond the control of the developer, sidewalks and/or trails shall be extended to connect with other pedestrian access improvements.
(7) Access
(d) Driveway access shall comply with Table 3.11-1.
Table 3.11-3: Driveway Access Standards Driveway Dimensions Residential Nonresidential 11 to 22 feet 16 feet to 32 feet Driveway Access Width (16 feet is desired) (32 feet is desired) Minimum Distance Between 20 feet 20 feet Driveways Minimum Corner Clearance from a 60 feet 80 feet [1] Collector street NOTE: [1] At the discretion of the city engineer 80 feet shall be the minimum this standard may be modified.
(8) Signs, Traffic Signs and Lights, and Street Lights
(b) Traffic control signs pursuant to Minn. Stat.§169.06 and the Comprehensive Transportation Plan Update, where applicable, shall be installed at locations within the subdivision as designated by the city engineer.
(d) Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform to city lighting standards. The developer shall pay to the city the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever time period is less.
18 (9) Sidewalks and Trails
Sidewalks and trails required by Section 3.9, Pedestrian Access and Circulation and Section 3.11.6, Parks, Trails, and Open Space Dedication, shall be installed at the time a street is constructed.
(10) Dead-End Streets, Stub Streets, and Cul-de-Sac Streets (Permanent and Temporary)
(c) Permanent cul-de-sac streets are prohibited except as may be installed where absolutely necessary due to topography, configuration of land, existing road layouts or other special circumstances. The closed end of the cul-de-sac shall have a pavement width of 80 feet in diameter and the overall length of the road shall not exceed 600 feet in length as measured from the centerline of the nearest intersection to the center pointclosed end of the cul-de-sac.
(d) In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located 150 feet or more from the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet in diameter shall be provided at the closed end. Any portion of a temporary cul-de-sac not located within the street right-of-way shall be placed in a temporary roadway easement extending at least ten feet beyond the curb line of the temporary cul-de-sac in all directions. No building permit shall be issued for any properties containing or adjacent to a temporary cul-de-sac or roadway easement.
(11) Alleys and Private Streets
(a) Alleys may be established in the city under the following conditions:
(ii) The alleys shall be are made of concrete, asphalt, pervious pavers, or other similar non-graveled surfaces;
(BC) Street Design Standards
(3) Street Surfacing and Improvements
After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete sidewalks, curbs and gutters and shall surface streets to the width prescribed in this section. Curbs and gutters shall only be installed to the degree where necessary to accommodate the street design standard. The designer is encouraged to include techniques
19 that will direct surface water drainage to off-street areas. Types of pavement shall be as prescribed in the city’s engineering standard specifications. Adequate provision shall be made for culverts, drains and bridges. The portion of the right-of-way outside the area surfaced shall be sodded or planted with other acceptable materials as approved by the city engineer. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the city’s engineering standard specifications and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval.
(4) Grading
(a) Streets shall be graded with at least 0.5 percent slope from the centerline to the curb to maintain drainage.
(b) Arterial and collector streets shall have a maximum running grade of five percent.
(c) All other streets shall have a maximum running slope of seven percent, or as determined by the city engineer.
3.11.4 Sewer, Water, and Other Utilities
(A) The subdivider shall install adequate sanitary sewer and water facilities (including fire hydrants) subject to the specifications in the city’s engineering standard specifications, and the Recommended Standards for Water Works and the Recommended Standards for Wastewater Facilities (known collectively as the “ten-state standards”).
(D) All utility facilities, including but not limited to telephone, category 5 cabletelecommunications cabling, natural gas and electric power, shall be located underground. Whenever existing utility facilities are located above ground, except when existing on public roads and right-of-way, they shall be removed and placed underground.
3.11.5 Surface Water, Drainage, Water Quality, and Erosion Control
(A) Purpose
These regulations are intended to result in the effective management of surface water run-off by ensuring compliance with the adopted Surface Water Management Plan of the City of Northfield and also the requirements found in Chapter 22, Article VI of the Northfield Municipal Code.
20 The City of Northfield supports a regional approach to surface water management or any similar innovative approach to managing surface water that protects and improves surface water quality, promotes ground water recharge, enhances wildlife through proper management of surface water, and minimizes public expenditures needed to protect water quality problems.
The subdivider shall demonstrate that the runoff generated by the proposed subdivision is properly treated on or off site for phosphorus, total suspended solid levels, and other potential contaminants consistent with the requirements of the city’s surface water management plan and chapter 22, article VI of Northfield Municipal Code.
(B) Subdivider Responsibilities
The subdivider is responsible for compliance with the overall objectives and expectations as stated in the Surface Water Management Plan and shall install needed improvements or pay to the City fees and or charges that have been established to ensure compliance with surface water management requirements as established by the City. If the city’s surface water management plan designates a regional pond within the boundaries of the proposed subdivision, the subdivider shall provide the city with drainage and utility easements for the regional pond. The subdivider shall construct the pond in conjunction with development of the subdivision.
If the city’s surface water management plan designates a regional pond within the boundaries of the proposed subdivision, the subdivider shall provide the city with drainage and utility easements for the regional pond. The subdivider shall construct the pond in conjunction with development of the subdivision.
3.11.6 Parks, Trails, and Open Space Dedication
(A) Purpose, Nexus, and Proportionality
(1) Purpose
21 These requirements are established for the purpose of assisting with the implementation of the Parks, Open Space and Trail System Plan of the City of Northfield by providing for the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the city. The Parks, Open Space and Trail System Plan promotes a balanced and systematic approach to acquiring park and open space resources that include active park facilities, an interconnected trail system, areas of natural and ecological significance emphasizing the Cannon River corridor that is available to residents of the city and the broader region. As a means to accomplish these goals, each developer shall be required to dedicate land, or at the discretion of the city, pay an equivalent cash payment in lieu of land dedication for parks and open space acquisition and development. The policy of the city is to acquire and manage larger parcels of park and open space land resources; therefore, as a result of this policy, it is likely that a cash payment in lieu of land dedication will be the method by which this requirement will be accomplished in most instances, although not to the complete exclusion of a land dedication requirement.
(2) Nexus
The city council finds that there is a rational nexus between the demands created by the subdivision and related development of land and the need for parks, trails, open space areas, public art, and facilities.
(3) Proportionality
Further, the city council herein establishes requirements for the dedication and/or development of park land, trail improvements, and open space land that is roughly proportionate to the demands created by the subdivision and development of land resulting from such subdivision approval.
These requirements are established for the purpose of providing for the recreation, health, safety and welfare of the public through the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the city. The city council finds that there is a rationale nexus between the demands created by the subdivision and related development of land and the need for parks, trails, and open space facilities. Further, the city council herein establishes requirements for the dedication and or development of park land, trail improvements, and open space land that is roughly proportionate to the demands created by the subdivision and development of land resulting from such subdivision approval.
(C) Waiver Requirements
Upon a request by the developer, the city council, in its discretion, may waive or reduce the requirements of this section for development in the C1-B (downtown),
22 C2-B (corridor development) or ED-F (economic development) or N2-B (neighborhood general) districts where the city council finds:
(3) That development in areas zoned N1-BN2-B district which allows for the construction of affordable housing units of a type, price, or amount that is determined to be of greater benefit to the city in comparison to parks, trail, or open space improvements; or
(4) That Ccity-assisted development or redevelopment projects that achieve public objectives.
(D) Land Dedication Required
(2) Pursuant to Minn. Stat. §462.358, subd. 2b., it is reasonable to require a portion of buildable land to be dedicated to the public for parks, recreational facilities, playgrounds, trails, wetlands or open space purposes. The land to be used for the purposes previously stated shall be determined to be suitable in at the sole discretion of the city and the city shall not be required to accept land that is not usable for the stated purposes.
(3) The land required to be dedicated by the applicant for parks, recreational facilities, playgrounds, public art, trails, wetlands or open space purposes is a recreational and open space resource available for the benefit of the public. The amount and type of park and open space resource dedicated is intended to be proportionate to the users of the park and open space resource that primarily for the users that result from the subdivision of the land.
(4) The amount of land required to be dedicated by the applicant for stated purposes in (1) above shall be based upon the net area (gross area minus area required for public streets, trails, and stormwater ponding) of the land to be subdivided which could be developed for residential, commercial, industrial or other purposes. The area shall be determined at the time of the preliminary plat and shall be calculated as follows:
(6) Such dedication shall be in an amount based on the schedule of dedication requirements adopted by city council and maintained outside of this LDC.
(E) Land Suitability Requirement
(1) Land dedicated for parks, trails, and open space shall be reasonably suitable as advised by the parks and recreation advisory board for its intended use and shall be at a location convenient to the people to be served.
23 (2) Factors used in evaluating the adequacy of a proposed park, trail, or open space dedication shall include:
(b) Size (that is consistent with the city’s policy of wanting more large parks and fewer small parks);
(F) Conformance with Comprehensive Plan
Land dedicated under this division shall reasonably conform to the city's comprehensive plan and Parks, Open Space, and Trail System Plan, wherever possible. If the comprehensive plan or Parks, Open Space and Trail System Plan for the parcel of land to be subdivided calls for public property in excess of that required by Section 3.11.6(D), Land Dedication Required, the city council shall, before approval or disapproval of the plat, determine whether to take the necessary steps to acquire, by purchase or condemnation, all or part of the additional public property.
(G) More Dedication of Excess Land
If the city requires parks, trails or open space dedication in excess of the amount of land required by Section 3.11.6(D), Land Dedication Required, the city shall pay to the developer the fair market value of the land in excess of the percentage of land required to be dedicated, which payment shall be due at the time of final plat approval. Such amount shall be due at the time of final plat approval that would otherwise be dedicated for parks, trails and open space under this section.
(I) Trail Construction
When the city's comprehensive plan or parks system master planParks, Open Space, and Trail System Plan identifies a trail to be constructed in the land to be subdivided, this trail segment shall be interpreted by the city as basic infrastructure and, therefore, the developer shall be required to pay for the construction of the trail improvements. This trail construction requirement shall be in addition to the required land dedication as set forth in Section 3.11.6(D), Land Dedication Required, or set forth in Section 3.11.6(K) Dedication or Cash Payment in Lieu of Requirements. The construction specifications of trails shall be determined by the city engineer and whenever possible, trails shall connect with existing trails and/or sidewalks.
(J) Credit for Private Open Space, Recreational Areas and Trails
(4) Credit for private trail improvements shall be given by the city only when the private trail system connects to a public trail or walkway system.
Existing Sections 3.11.6 (J) (4-5) shall be renumbered accordingly.
24 (K) Dedication or Cash-in-Lieu of Requirements
The city may elect to accept a cash payment in lieu of land dedication for parks, recreational facilities, playgrounds, trails, wetlands or open space purposes. In such cases the applicant shall be required to make such payment to the city’s dedicated park fund based on the estimated fair market value as indicated in the records of the county assessor that is equivalent to a land dedication requirement as follows:
(3) Industrial Development
Two percent of the gross area for the purpose of the trail system only.
(M) Park Tree Requirements
The subdivider or developer shall preserve all existing trees on any land to be dedicated under this section in accordance with Section 3.6.6, Tree and Woodland Preservation.
(N) Other Conditions Prior to Deeding
(2) Rocks that are four inches or greater in diameter shall have been removed from the land. If possible, any boulders or glacial erratic should remain and be incorporated for landscaping interest in parks and open spaces.
(3) A minimum of four inches of black topsoil shall have been provided by the developer dependent on subsoil material as determined by the city engineer.
(4) The surface should be planted with low maintenance vegetation to ensure the immediate stabilization of the exposed soils. The park and recreation advisory board should be consulted to determine which areas should become turf and which should be planted with non-turf vegetation. Areas of turf shall be seeded in Grass shall have been seeded in the amount of 50-75 percent Kentucky bluegrass and 25-50 percent perennial ryegrass, or other quick establishing crop to prevent soil erosion.
3.12 Development Standards for the FP-O District
3.12.6 Development Standards for the General Flood Plain Subdistrict
(B) Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District
(2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the
25 floodway or flood fringe subdistrict and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000--6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
(3) The city planner shall present the technical evaluation and findings of the designated engineer or expert to the council, who must formally accept the technical evaluation and the recommended floodway and/or flood fringe subdistrict boundary or deny the flood development permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency (FEMA), the Department of Natural Resources (DNR) or the planning commission for review and comment. Once the floodway and flood fringe subdistrict boundaries have been determined, the city council shall refer the matter back to the city planner who shall process the flood development permit application consistent with the applicable provisions of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW) and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF) of this LDC.
3.12.10 Administration
(A) The city planner shall administer and enforce the provisions of this section. If the city planner finds a violation of the provisions of this section, the city planner shall notify the person responsible for such violation in accordance with the procedures stated in Section 3.12.13, Penalties for Violation of tThese Standards.
3.12.11 Nonconforming Uses
(F) If a substantial improvement occurs (See definition in Article 6: Definitions) from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by paragraph (B) above) and the existing nonconforming building must meet the requirements of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
26 Article 5: Development Procedures
5.5 Specific Development Review Procedure Requirements
5.5.9 Conditional Use Permit
(D) Approval Criteria
(2) Criterion (a) below must be met and criteria (b) through (n) shall be considered in the review of conditional use permit applications:
(l) In the Perimeter Transition Area (PTA) within the college development district (CD-S) that abut residential and commercial districts, the uses of a height, building orientation, massing, setback and scale shall be considered in building renovation and/or new construction in order to maintain compatibility has to be compatible with surrounding areas as described in guided by Section 3.5, Neighborhood Compatibility Standards. These neighborhood compatibility standards are to be administered in order to maintain a harmonious neighborhood environmentas guidelines and absolute compliance with these standards is not intended.
5.5.12 Major Subdivision
(D) Final Plat
(1) Approval Procedure
(b) The application and staff report to be considered by the city council for final approval shall be shared with the planning commission.
Existing Sections 5.5.12 (D) (1) (c-d) shall be renumbered accordingly.
5.5.16 Variance
(A) Applicability
(1) A variance is a modification or variation of the provisions of this LDC as applied to a specific piece of property. Pursuant to Minnesota Statutes, use variances are prohibited.
27 Article 6: Definitions
6.2 Definitions
Adult Use
Any use as defined in Section 2.8.4(A).
Any business that:
(i) devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise to; or
(ii) devotes a substantial or significant portion of its floor area of the business (not including store rooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to; or
(iii) derives a substantial or significant portion of its gross revenue from sales of, materials or devices that stimulate human genitals, are designed for sexual stimulation, or that depict or that relate to “specified anatomical areas” or “specified sexual activities.”
Activities and matters classified as obscene as defined by Minn.Stat. § 617.241 are not adult uses and are prohibited in the City.
Nude or Specified Anatomical Areas
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola; or
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
28 Specified Sexual Activities
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or
Excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above.
Passed by the City Council of the City of Northfield this ___ day of ______, 2012.
ATTEST:
______
City Clerk Mayor
VOTE: ____ ROSSING ____ BUCKHEIT ____ GANEY ____ NAKASIAN ____ POWNELL ____ IMMS ____ ZWEIFEL
First reading: ______
Second reading: ______
Published: ______
29 Regular
Date of City Council Meeting: April 3, 2012
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Second Reading of Ordinance No. 932 – Amending City Code Chapter 2 to add Sec. 2-1 – City Wards (Redistricting plan)
Action Requested: The City Council is being asked to have the second reading of Ordinance No. 932 - Amending City Code Chapter 2 to add Sec. 2-1 – City Wards (Redistricting plan).
Summary Report: Ordinance No. 932 has been amended slightly since the first reading to include descriptions for two sections of Northfield in Ward 3, Precinct 1 that were not shown on the census block maps. The changes are shown in the descriptions for Ward 3 and Ward 4 (new material is underlined, deleted material is struck out). These sections include the three properties along Falk Avenue and the Mayo Clinic facility on North Avenue. These locations are currently included in our existing Ward 3, Precinct 2. The new ward and precinct boundaries have now been downloaded into the City’s plat map for ease of use and accuracy. The new map is attached and will now be the official map.
I continue to try and find suitable polling locations that are willing to commit to this use. I am hopeful that a resolution can be brought back for Council consideration on April 17.
Following approval of the redistricting plan, the notification and publication process will begin. Once our data is uploaded into the statewide system, I will be working with county staff to check all addresses to ensure that they are correct on the precinct finders. In addition to the legally required processes, staff will be using a variety of methods to inform voters of changes. These will include: Press releases (local media sources and Northfield.org) City website City Commons Posting information at City Hall and the Northfield Public Library Posting maps in polling locations (previously used and new) Outreach/collaboration with various groups such as League of Women Voters – Voters Services.
Attachments: 1. Ordinance No. 932 2. Ward & Precinct Map for the City of Northfield
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY OF NORTHFIELD, MINNESOTA, AMENDING NORTHFIELD CODE, CHAPTER 2 – ADMINISTRATION, ARTICLE I. - IN GENERAL
THE CITY COUNCIL OF THE CITY OF NORTHFIELD DOES ORDAIN THAT:
Northfield Code, Chapter 2 – Administration, Article I. - In General is hereby amended to add Sec. 2-1. – City Ward Boundaries, as follows:
Sec. 2-1. – City Ward Boundaries.
The City of Northfield shall be composed of, and hereby is divided into four wards, and may be further divided into precincts as approved by resolution of the city council, for purposes of all elections conducted within the City of Northfield shown on the attached map and described as follows:
a. Ward 1 - The first ward shall contain the following area within the Rice County portion of the City of Northfield within the area described as follows: Commencing at the point of the intersection of the northeastern city limits line and the northern Rice County limits line, thence west along the Rice County line to the Cannon Falls Spur railroad tracks, thence following the Cannon Falls Spur railroad tracks south to Water Street N., thence following Water Street N. south to St. Olaf Avenue, thence following St. Olaf Avenue west to Highway 3, thence following Highway 3 south to Second Street, thence following Second Street east to Winona Street, thence following Winona Street south to Woodley Street, thence following Woodley Street west to Division Street, thence following Division Street south to Ames Street, thence following Ames Street east to Maple Street S., thence following Maple Street S. south to Jefferson Parkway, thence following Jefferson Parkway to the eastern City limits, thence following the easterly city limits line north to the point of beginning.
b. Ward 2 - The second ward shall contain the following area within the Rice County portion of the City of Northfield within the area described as follows: Commencing at the point of the southeastern city limits thence north to Jefferson Parkway, thence following Jefferson Parkway west to Maple Street S., thence following Maple Street S. north to Ames Street, thence following Ames Street west to Division Street, thence following Division Street north to Woodley Street, thence following Woodley Street west to Highway 3 S., thence following Highway 3 S. south to Bollenbacher Drive, thence following Bollenbacher Drive south to Babcock Lane, thence following Babcock Lane west to the Cannon River, thence following the Cannon River South to Rice Creek and then west to the Union Pacific railroad tracks, thence following the Union Pacific railroad tracks to the intersection with the southerly city limits line, thence following the southerly city limits line east to the point of beginning.
c. Ward 3 - The third ward shall contain all of the Dakota County portion of the City of Northfield and the following area within the Rice County portion of the City of Northfield within the area described as follows: Commencing at the point of the intersection of North Avenue and Falk/Cedar Avenue, thence following North Avenue east and following the Rice County northerly boundary line east to the to the Cannon Falls Spur railroad tracks, thence following the Cannon Falls Spur railroad tracks south to Water Street N., thence following Water Street N. south to St. Olaf Avenue, thence following St. Olaf Avenue west to Lincoln Street N., thence following Lincoln Street N. north to Greenvale Avenue, thence following Greenvale Avenue west to Falk Avenue, thence following Falk Avenue north to Cannon Valley Place, thence all of the area of the
City west of Falk Avenue following the City limits line to Falk Avenue, thence following Falk Avenue north to east and west of Falk avenue north of Cannon Valley Place and east of Eaves Avenue south of North Avenue/the point of beginning. The third ward shall also contain the portion of the City of Northfield west of Falk Avenue and south of North Avenue, which abuts the southerly Dakota County line and follows the city limits line.
d. Ward 4 - The fourth ward shall contain the following area within the Rice County portion of the City of Northfield within the area described as follows: Commencing at the point of the southwesterly City limits, thence east following the southerly city limits line to the Union Pacific railroad tracks, thence following Union Pacific railroad tracks north to Rice Creek and then east to the Cannon River, thence following the Cannon River north to Babcock Lane, thence following Babcock Lane east to Bollenbacher Drive, thence following Bollenbacher Drive north to Highway 3 S., thence following Highway 3 S. north to Woodley Street, thence following Woodley Street east to Winona Street, thence following Winona Street north to Second Street E., thence following Second Street E. west to Highway 3, thence following Highway 3 north to St. Olaf Avenue, thence following St. Olaf Avenue west to Lincoln Street N., thence following Lincoln Street N. north to Greenvale Avenue, thence following Greenvale Avenue west to Falk Avenue, thence following Falk Avenue north to North AvenueCannon Valley Place , then west on North Avenue to the westerly to the city limits line, thence following the westerly city limits south to the point of beginning.
Passed by the City Council of the City of Northfield this ___ day of ______, 2012.
ATTEST:
______City Clerk Mayor
VOTE: ____ ROSSING ____ BUCKHEIT ____ GANEY ____ NAKASIAN ____ POWNELL ____IMM ____ ZWEIFEL
First reading: ______Second reading: ______Published: ______
Legend Ward & Precinct Map Council Wards W1-P1 W1-P2 City of Northfield W2-P1 W2-P2 W3-P1 W3-P2 1:8,500 0 0.2 0.4 0.6 0.8 1 Miles W4-P1 1 inch equals 0.13 miles 0 1,000 2,000 3,000 4,000 5,000 W4-P2 O 1 inch = 708 feet Feet Ordinance 932 - Establishing Wards and Resolution #2012-022- Establishing Precincts for Redistricting. Passed March 20, 2012. Updated: 3/27/2012
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809
813 1500 915 805 32840 817 801 32765 713 709 611 705 701 607 1409 1408 913 907 903 1404 32810 704 32750 500 504 1405 1404 32741 1144 1140 708
700 612 608 604 600 32811 1417 1421 1422 1418 1002 1136 1401 1400 1006 1413 1412 OODLA 1132 GILL LN 1145 N W 703 509 32820 1409 1408 1315 1316 709 D 505 605 1131 1128 701 32830 705 1210 1206 T 611 601 1311 E 1200 32791 1312 1401 1400 1202 R 607 32825 704 32815 L 609 603 501 1112 1007 504 NE R LUPI D 500 R 1308 708 614 1108 700 606 512 D
1124 626 620 32800 1305 1304 1104 600 508 1319 1320 Y 1304 1100 608 T 32857 E 1008 1120 703 C 1301 1204 1123 709 ON 509 1311 1312 1300 L 1300 LS 505 3051 7559 1109 701 NE L 705 623 617 609 501 513 1308 1105 W3-P2 1307 1207 1208 1119 704 32907 2000 A 1275 1300 1101 1234 615 601 504 1304 1203 500 1150 1303 1227 V 607 708 512 N 700 32868 1204 1009 600 508 1200 1223 O 1115 630 624 614 608
GARRETTAVE 1220 1229 N 1226 1230 606 T 1116 C 513 622 616 E 32971 32938 1212 1219 1222 709 N 1216 N IO 505 1225 1111 IM 501 A 1225 703 701 S 705 625 1204 32975 1215 1218 609 601 1217 1200 C 1112 ZANMILLER DR 1120 1214 1208 704 509 512 1229 629 617 613 32995 1119 1123 1208 1210 1105 708 1116 700 504 508 1209 1211 1108 621 605
500 1115 1114 1113 1112 1233 1212 32985 1104 1111 1205 1204 1207 1206 T 32980 1224 1101 1100 WILSON C 1106 709 1105 1104 1107 1103 1201 1200 1203 1202 703 701 705 513
505 509 501 D 1101 1100 32991 R LONSDALE BLVD E 330TH ST W NORTH AVE L NORTH AVE H HWY 3 N Waterford Township ?A@ 537 A 19 1060 720 700 525
1065 420 D
529 521 533 E 1000 416 412 408 1009 1017 L 915
3215 8200 N 1040 OO 450 Bridgewater Township 716 L MIS CT E 1050 1321 S 1821 H
1001 3 Northfield Township 1005 708 L 1000 712 509 517 S 340
8032 421 417 413 407
3151
E 959 505 4054 1000 501 D Y 953 978
404
1751
1715 1691 V 3061 1651 1615 8042 416 DECKERAVE 947 972 1025 L FRE HWY 3 N B
A M
408 400 429 412 941 966 OUW N 4508 8062 931 935 960 A O T 4531 V 4492 929 V T 954 V C E 425 5 E N 923 948 I A R 4521 401 K T E 8082 951 942 421 S K 832 I
417
409 405 DE C 936 413 N 4501 900 837 930 G 924 1951 833 SUMMERFIELD918 DR T 828 E 910 4481 912 829 901 E V 906 824 R 900 825 A 700 820 821 N 888 816 E 875 817 900 D
EAVES AVE EAVES
813 S 910 406 E 8201 LINCOLN PKWY 985
LINDEN ST N 302 R 815 FALK AVE FALK 901 747 R 8200 8175 809 808 900 780 775 724 D D 300 755 210 206 200 C L A P 904 905 812 805 804 776 771 751 P 740 1 2351 NNON VALLE Y 728 801 912 E 800 909 O 745 DIVISION ST N 1000 V 772 767 755 913 R 732 730 8750 1004
412 404 400
4706 8997 1008 A H 806 735 H 8175 ER 768 763 759 SCHJELMILE LN IP 917 736 720 1160 N 929 LAT E JU 933 925 804 937 JUNIPER AVE A 4519 2791 921 764 802 D 710 740 908 748 1001 760 756 1009 1005 912 752 744 409 405 401 800 707 916 LE 904 712 Y 920 832 C 701
828 710 900 T 824
820 8353 928 924 816 700 EDWARD LN 406 400
412 4523 500 1300 H 812 708 AN O 704 IV E 706 DR 808 905 8187
909 4554 913 W3-P1 804 8380 917 700 801 513 F 901 809 610 L 805 817 630 815 650 925 921 O
401
501 415 409
505 800 655 509 RA CT
8400 HALL AVE HALL
904 900
814 910 912 605
316 308 4613 500
810
806
718 716
714 710 706 702 720
802 800
410 406 402 8405 1008 1004 1000 114 4562 300
1112 HIGHLAND AVE HIGHLAND AVE DELANCEY4597 CT
505 43 1212 315 SPRING STN 1208 1116 520 600 4567 713 903 120 911 1210 915 907 905 711
709 705 703 401
1009 1005 600 1200 413 409
809 805 801 719 715 307 301 1001 HWY 3 N 8441 510 440 4691 1140
212 8483 1117 220
928 920 716
916 912 908 904
714 712 706 700 506 504 414 410 406 402
812 806
900 800 720 718 314 310 306 304 4682 GREENVALE AVE
19 411 414 703 414 415 416 431 330 327 1 509 503 517 415
409 20 907 905 811 417 325
E 1005 400 409 412 410 411 328 V 410 427 403 323 8541 416 320 323 8431 8522 A 406 326 16 405 405 408 320 400 8539 406 419 317 86TH CT E LIN 13 403 402 315 321 N CO 401 317 412 314 324 35 L N 319 W1-P1 318 311 314 318 417 8546 O 315 39 319 311 322 211 L 12 313 406 L 8541 316 309 310 X 8544 8539 317 Y I N 315 314 415 307 320 311 M 34 5052 33 310 307 308 404 308 A D 309 312 11 411 N 8561 311 310 315 316 DR 4640 4660 LINDEN ST N DEVINEAVE St. Olaf Campus 308 305 306 400 301 307 8581 8576 32 305 409 312 8583 307 310 306 303 OXFORD ST N 304 310 320 29 10 306 CHERRY ST 303 1520 ORCHARD ST N 319 309 308 30 303 302 712 302 301 8615 4875 31 302 300 GINSENG CT 317 219 219 307 304 221 N 9 8780 1 313 T 8629 217 218 217 314 215 301 217 314 218 S 229 711 709 705 201 4625 3 309 304 216 HWY 3N 6 8 215 710 215 308 213 PLUM ST N 220 5 7 214 306 227 N LD LN 5062 W4-P2 214 305 U 714 300 211 MANITOU ST N 209 O O 4811 218 211 G 4867 301 300 223 212 I 4635 209 210 210 304 ORCHARD PL 220 216 209 216 N 220 107 219 217 210 U 205 208 205 218 L 207 O IN
711 715 215 4945 5074 215 204 217 206 D 8677 212 203 202 216 208 201 R 914 910 211 212 203 1002 213 8651 211 202 306 206 N 812 420
506 500 Carleton Campus
804
1304
1300 1218 1212 1208 1204 1118
5094 1200
400 1114
806 720 708
716 800 704 700 T 1012 1008
614
518 512
510
604 602 318
4090 414 404 S 1100 202 201
WATER ST N WATER ST OLAF AVE E N
1011 G LINCOLN STN 519 117
407 T
509 303
301
611
115 911
811
907 905 901 809 807 805
801 713 605 601
709 707
501
411
419 417 415 5111 5048 505 S
1115 1111 108 1109 1201 113 720 112 112 109 105 LLE 110 140 8793 104 115 E E 910 908 103 107 810 106 816 804 800 O 5072 5162 L 105 101 712 405
710 708
510 502 508 504
101 914 912 414 412 410 C B 1008 1004 5041 518
1110 1108 101 101 1106 1104 1100 100 614 101 118 E 1ST ST W 103 100 1ST ST E AP LINDEN ST N M L 5119 1ST ST W SPRING STN MADISON ST N 100 106 100 101 100 600 102 8801 W 103 400
709 405 101 100 0
5082 101
911 A 411 501 415 413 110 107 300 105 104 102 603 106 107 105 106 104 Y 907 901 819 817 809 805 803 105 106 104 105 100 114 5112 111 509 505 5122 108 110 109 111 110 109 110 5094 801 110 109 110 107 1415 110 112 112
5104 112 0 5188 106 114 115
716 706 114 407
420 416
608 412 118
510
205 307 309 615 209
113 112
920 918 916 914 910 908 900 826 504 500 119
201 612 518 116 408 304 118 114 113 4548 5048 118 118 117 600 119 517 117 5036 118 5054 2ND ST W PLUM ST S DIVISION ST S 2ND ST E 3 201 ORCHARD ST S ?A@ 201 200 201 200 200 212 201 408 201 EBERT CT 2 409 200 19 314 201 514 200 203 202 201
WATER ST S 200 304 200 208
202 801
1117
1127 1123 719 715
1113 1111 711
915 913 907 901 200 5125 205 201 203 208 206 203 808 203 905 819 817 206 205 815 807 208 208 201 209 5062 911 213 5103 500 207 204 205 201 208 207 210 208 209
210 208 211 210 212 217 4886 COLLEGE ST S 8945 4 211 205 419 215 207 216 215
210 711
714 712
219 707 208 809 212 216
710 706
5115 702 212
4356 LINCOLN STS 201 501
401 509 615 216 214 215 216
910 904 900 308 116 619
218 219 STELM S 219 414 418 8620 818 402 291
820
LINDEN ST S
814 810 806
920 918 914
1118 1114 5191 1 1120 1008 3RD ST W 3RD ST E
1112 1110
1004 1000 306 MAPLE ST S
5 1102 1100
1016 1010
4896 300
90TH ST E 4950 300 301 516 303 303 303 OAK ST S 1051
PLUM ST S
300 303 302
610 709 203 607
713 603
708 417 302 FOREST AVE 411 304 300 306 ST 305 211 59 307 90TH ST E 5TH ST W 309 308 309 308 311 207 309 320 421 311 308 309 310 WALL STREET RD 4405 5194 ST 5194 5130 BRIDGE SQ 79 5785 5204 315 1801 4051 4992 311 312 315 312 315 304 315 313 315 1791 1851 709 713 715 907 909 613 701 703 913 353 319 509 408 1700 805 317 1708
4625 320
318 1781
5829 5815
1401 318 319 318 412 5008 5851 319 316 201 319 319 5026 5174 5208 1011 4TH ST W 300 4TH ST E 401 383
ORCHARD ST S 905 1780 5216 402 401 400 401 400 401 200 401 5789 1601 1260 815 402 401 401 214 410 500 504 510 518 606 610 425
613 403
400 908 910 5186 D 403 700 704 708 712 716 718 404 403 404 408 TE R 403 407 403 1120 1800
814 A 409 816 14 516 IV 410 411 410 408 405 410 410 405 411 1790 5180 450 411 411 415 R
705 R 416 707 410 807 O 455 415 415 414 611 413 8549
P 911 407
915 909 811
619 703 500 WASHINGTON ST S 420 S 417 613 615 411
804 400 300 418 801 424 E 485 604 116 429 419 417 419 417 420 419 715 419 W 9114 5076 411 454 O 5156 5TH ST E
9135 GRASTVEDT LN 484 O 1000 614 701 T 401 501 116 D 316 503 416 920
502 501 904 9135 410 506 501 505 500
C 510 616 5841 218 310 R 500 9144 115
ST S NEVADA L 509 618 700 808 810 900 902 D 5231 508 508 518 E 301 507 511 509 706 710 800 9151 1550 500 510 510 908 516 509 9180 R 514 513 510 506 U 516 512 511 513 515 534 513 619 9187 1500 517 613
519 411 901 A 407 417 517 518 313 516 520 604 552 801 523 516 517 519 520 N L WINONA ST S 604 600 600 600 601
L 9231 RD 602 566 603 RK 6TH ST W 6TH ST E COLLEGE ST S 601 603 EDGEBROOK DR A 604 O 9206 P 601 202 318 582 601
R 606 PRAIRIE ST S PRIMROSE CT 9251 E 107 600 701 514 600 610 609 605 310 208 212 300 306 416 5211 109 G
L 500 608 H 630 400 406 410 608 600 I C 605 601 608 801 607 617 E 506 612 618 610 607 S 608 609 D 9230 9281 609 607 610 613 605 611 N INDUSTRIAL DR 610 610 611 614 611 612 I 637 618 612 613 615 614 615 614 612 611 701 636 9301 1111 413 613 611 619 4 222 618 617 409 417 501 620 615 648 9250 619 211 617
700 1604 1 700 701 1600 616 660 9343 705 617 7TH ST W 7TH ST E 681 680 9280 1412 704 705 704
702 700 701 308 700 701 414 703 3 5 7 9 701 700 1 701 701
11
13 15 17 19 21 23 25 27 1605 9365 600 612 614 700 700 108 2 1408 1601 700
700 115 704 705 706 705 704 703 709 704 506 ER DR 1509 9300 OW 1609 W4-P1 ST S WATER 1505 710 5 PARK DR FL N 6 T 705 740 301 710 707 710 711 710 705 712 711 709 4 9240 9381 12 14 Y L 1404 1411
700 A 9351 3 10
210 710 C 704 16
18 800 715 715 714 4 20 22 24 801 709 712 1602 708 M 760 779
1501 708 Y
420 315 317 9320 717 1610 410 406 400 712 6 1510 R 1704 9425 717 110 719 718 7 5 5 720 713 711 714 301 1606 C 1400 1405 1506 R 9 708 1708 1407 9 1700 780
8 7 11 E 4 E 43 805 15 1502 9350 SERVICE RD 804 R 7 41 N 45 8TH ST E 8 712 800 8TH ST W 1401 W RO EN D CT E 9390 T D 804
FAREWAY DR FAREWAY 104 10 11 R 21 L 801 800 800 800 801 800 803 6 808 789 9 809 O B 800 A 1720 12 1318 808 707 G 1607
804 412 414 O 10 1603 405 315 313 307 802 L 800 1701 UNION ST S 8 1712 844
800 419 409 10 805 12 L 814 1511 800 N 409 805 806 806 807 804 802 807 L 1716 11 16 N 811 812 803 808 17 46 R 19 F 13 21 40 1611 808 809 801 815 804 811 808 769 809 806 812 812 811 810 12 Y 804 816
630 13 1314 818 U 15 828 15 14 820 811 1507 812 813 812 38 A 1503 1325 812 813 808 816 816 815 814 812 T 112 808 809
619 805
409 818 M
817 14 824 116 36 815 902 813 414 817 208 818 817 906 808 410 402 819 310 308 818 818 819 818 32 1308 819
611
615 607 903 813 34 801 16 18 20 22 24 28 30 812 RD 9TH ST W 9TH ST E 900 D 817 9TH ST E 825 821 1306 822 904 O 209 900 102 110 202 900 901 900 901 410 412 823 910 901 411 902 901 928 12 906 105 900 814 1407 901 114 903 932
833 829
315 904 905 16 907 407 403 8 1411 909 904 903 907 906 907 906 907 910 608 612 WO905 903 1401 311 307 924 960 912 1302 Y 700 304 904 936 1301 1513 500 910 911 910 909 911 910 908 911 912 907 20 1309 913 510 914 911 1515 E 705 814 408 701 ADO 605 ME W H 609
910 511 907 907 906 913 916 915 912 915 513 515 517 920 805 4 24 R DR 909 914
409 509 A 1404
216 908
116 212 218 845 910 916 918 919 P 1000 911 918 917 918 205 219 ARMSTRONG RD 1500 913
1504 POPLAR ST S
1508 1512 1516
1600
1304 1604 1407 WOODLEY ST W 418 WOODLEY ST E 510 620 1003 1000 1405 1008 1308 1411 1001 1003 840 828 832 836
802 806 824
608 518 516 512 820 800 1001 1004 1312 529 521 1000 116 120 1419 1004 1316 1501
1507
210 202 206
1006 1513 1519
300 306 314 405
1003 1525 1601 1607
307 309 401
211 1007
219 215 203 201
119 115 1001
109 1400 525 1005
1701 509
1002 1008 1007 1705 1709 1713
312
701 407
1001 409 303
505 1801
1407 1406
511
605 601
825 829 833 837
507 811 1009 1813 813 815 817 821
1005 1050 W1-P2 1809 1010 1009 503 1012 1805 1012 1011 1004 1007 1010 1005 1008 1009 1011 1012 1412 CREEK LN 1070 1009 1418 520 R 1009 1015 1481 600 1014 1012 1007 1010 1013 FREMONT ST E 1500 1101 FREMONT ST E 1106 1601 1100 1006 1013 1506 1009 1512 1014 1015 1518 1524 501 1530 1600 D 1606
1102 1021 1700 1704 1708 1011 1011 1020 1018 1017 1012 1015 315 1019 1018 1712 1100 1800
606 610 L 502 1017 1106 1101 1100 1105 1015 1101 1804
832 836 840
820 824 828 1019 812 816 1025 1102 A 1101 509 1016 1010 1013 28 1808 1115 N FREMONT ST W FREMONT ST E 1104 4567 1816 1140 519 1110 1111 1100 650 O 1101 1103 1108 1109 1105 1009 I 928 932 1023 1101 1100 1101 S 527 1101 1104 1101 1103 1101
1108 ELMST S 1017
214 204 216
116 118 924 S 202
1115 1114 936 940 E 1121 1105 1109 1112 1121 P 1014 1100 1109 1120 1106 1013 1118 1101 1103 1115 1106 1160 E LINDEN ST S 1103 1107 BOLLENBACHER DR R 1106 1301 F 109 1112 SU 1200 1122 1105 NSET DR Y 107 1110 1119 1118 O 601 1134 1109 1105 1110 1109 1106 1115 1116 1200 1180 1110 1104 1107 1110 1113 PROSPECT DR
1118 1305 1111 1116 1117 W 1118 1012 1110 1113 1112 1117 1200 1201 MN 3 SERVICE RD 619 1114 1115 1114 1113 920 S 1113 1123 1120 1201 K
501 515 1108 1111 507 1117
116 112 1118 401 419 1123 1122 908 904 104 205 1112 1117 307 1004 1008 P 103 912 P 916 1117 1205 1306 8384 9697 R 1122 1112 SPRING STS 1115 1221 1300 1200 928 N 1240 1201 1118 1201 1009 CTFAREHAVEN 9684 U 1121 SUMNER ST W SUMNER ST E 924 1250 1203 1400 100TH ST E O 1201 1203 1209 1260 1126 1116 1119 932 1208 C 1146 1200 1201 936 S 500 514 1203 506 604 1310
1200 116
110 1201
316 318
1207
308 310 312 212 204 208
E 1200 117
1125 1201 1205 1209 1213 1194 P 1217 R 1205 316 OP T 1013 1209 940 PY
HWY 3 S 1200 C
312 304 1150 308 1204 104 ST S NEVADA 1213 1130 210 E
1021 1120
78 1123 4567 1225 1209 1186 C 1208 1206 1211 1208 1211 1210 PLEA 944 1215 S F 1190 1213 920 119 115 A 1201 T N 1217 SUMAC LN F
418 1207 400 1217 T 1231 1017
1280 1205 333 1205 LINDEN PL S 1206 916 V E 1219 1218 1213 1216 1344 R 1235 1182 1219 IE J 8496 9634 1178 MARVIN LN 1211 1330 D 1235 1213 329 116 1300 W 1217 912 1212 1212 1301 908 1348 1285 325 1210 1340 321 900 1332 1336 1204 313
317 205 309 301 201 305 213 209 217 1220 C
1162 112 215 501 505 1217 100 104 108
R 1170 E 1218 303 315 T H 1235 JEFFERSON RD 1200 1310 1300 AC 1300 1220 AMES ST LIBERTY CT 1301 1227 1308 701 B 703 1328 1312 1310 1285 705 N 709 1316 E 212
300 1304 1110 L 1350 1313 SIBLEY DR 713 1300 1305 L 1300 R 1324 1301 1316 1304 719 9860 O D 1320 1320
1305
702 1304 706 708 723 B R 710 1408 1325 L 1309 714 1412 3884 1324 1416 D 1309 727 1380 1308 1404
A
1100 8656 DUNDAS BLVD 718 1420 1308 1400 1400 1400 L N 731 1285 722 1312 1313 T 1401 A O C 1404 735 1320 I I 726 R 1400 4050 1400 1401 1428 8115 1381 T T E 1424 1405 1470 1432
9821 739 DR LIA 1425 1408 730 E 4448 N U 1405 N 1500 1404 1401 734 O 1436 1404 1480 E T 1412 741 I I 1400 P 1418 D 4450 1450 1409 738 745 1409 1520 I T 1408 1510 1480 S 1416 1516 1408 1500 S 1400 1516 742 1512 1520 1532 E 1412 1413 1413 1500 R N 1420 P 723 1508 749 719 727 746 L O 1423 731 I 1424 N 1501
1510 C N 1548 N L D 1520 O 1427 715 750 CLINT 1502 1500 735 751 711 1504 1505 724 B E 1510 1500 1528 D 1504 707 1512
307 309 754 R 301 303 305 4050 I 1501 1411 757 E 1500 S L 739 R 1509 E A 1508 311 BIRCH LN 720 I 716 DECKERAVE G 1501 1600 N IC ASTER DR 712 758 1513 708 728 743 761 H D 1512 313 1517 1501 1521 U 704 C
304 306 1501 O J 300 302 1550 1521 1535 1505 1525 T 1537 721 W 1516 315 715 KOESTER CT 713 747 762 765 100TH ST E 1610 1505 705 709 732 1515 1533 1507 E 328
322 1600 1600 326 324 317 1539 R 701 1531 1509 MEADOW VIEW DR 1710 1651 319 C 1604 T 1604 321 1009 1601 1604 1581 1664 RAIDER DR M 916 920 1600 804 808 812 900 904 908 912 1529 1600 S 704 708 708 716 720 800 1511 700 1520 T 1005 1625
1680 1700 1605 O 323
325 327 N 1601 1608 329 1608 815
3885 1520 3 1603 D 10017 R 1527 1513 407 1704 O 403 919 R L
911 811 1612 1608 907 915 711
707 715 719 801 807 905
511 10004 701 1690 703 I 507 1001 E 901
503
411 415 419 1612 1615 1012 C 1008 27 C 1525 1515 DIVISION ST S A 1708 4 T 1700 IE 1607 IR 609 EAST RIDGE DR A B 605 1611 1712 R 1600 601 P 1705 1706 I RILEY DR 1704 810 502 RIVERVIEW LN 28 1613 1612 1712 1519 904 J 1004
916
1704 H 1611 806 912 H A 704 708 712 716 720 800 920 E 700 1500 1709 26 R F R 1000
414 418
1712 406 410 1702 402 1700 1620 R F C 1701 D E 805 29 1701 I 1800 S 1700 RS 1716 R 1700 1703 25 1703 10150 1713 24 1714 O 600 809 H 1705
A 711
801 715 719 707 1800 JACKSON1705 CT 1716 N O 703 1700 1003
1707 1701 N C 1007 501 1718 405 409 413 417 I RIVERVIEW DR 1804 C 401 FRONTAGE RD 1801 23 30 1709 T P 1704 1704 R 1709 1420 1720 1703 1705 608 1711 1713 K 1707 D 1704 1011 W 604 AL 1722 1705 1733 N Y BRENT LN 1808 1805 22 L 1715 W 1701 1731 1708 1700 1707 1713 31 1804 1801 46
718
710 1729 714
702 706 1702 N 1717 1810 1700 1728 1735 1727 1709 1705 1809 21 VAN 1802 1006 1702 N 1717 O B 416 1725 1719 1800 1812 45 1805 1002 1812 1816 U 1711 1712 S 1723 L 1801 R 1801 1704 1813 20 32 E 1800 1700 R 47 1737 N 1706 E 1800 1900 E 44 1713 S 1809 1720 1807 C 1811 T 1716 T 1807 1817 F 1848 1805 1803 1809 1800 1805 1521 19 1818 1804 T 1804 F 1739 1803 A 1813 1904 43 48 1832 1801 S 1800 1051 1840 1809 1800 1801
34 1848 T E 1741 1813
1808 1808 1801 R 2 18 J S N 1817 909 51 1401 1908 50 1842 1802 1803 1805 1719 42 N 911 49 MA CT E 1812 O 1805 1829 U W2-P1 501 505 509 513 517 601 605 609 813 817 1813 809 1812 1901 D 35 R T 1809 805 10230 T 1831 1844 401 1821 1912 1880 1804 1805 1806 1809 15 N 413 2250 1905 JEFFERSO 1833 1827 KE 1816 G 613 1825 N T 16 1852 N C 1813 KER DR 1816 1823 UN 1720 ED Y N B 1813 1900 2000 1862 1817 1806 1807 1820 I 1803 409 408 1900 1901 616 617 LAKE DR 1860 1817 1900 10253 10163 H 1904 1905 R 404 620 621 1908 1817 1911 1856 1902 36 1808 1809 1900 S 1904 1600 O 1907 E 1901 1904 1720 1819 N 401 2013 A 1901 1908 1909 1901 1900 O 1901 L CANNON LN 1109 R 1810 1811 1904 1906 SPRING CREEK RD 1113 1928 1905 1908 S W
MCKINLEY DR 1905 1903 D W 10220 E 1917 1902 1901 105 V 1932 1900 1951 1908 1909 1910 1909 1912 1924 T E 1909 E T 1912 I 1903 1911 L 1921 L
V 1936 1911 C ANDERSON DR 1916 1905 T 2001 1913 1112 1925 1920 E MAPLE ST S 2004 W2-P2 2004 1940 1915 2000 D 2005 1701 1948 V Y 1909 1920 R N E 1905 2005 1917 1909
E
112 116
100 102 104 106 108 120 1802 2005 1940 1907 2003 W 2001 O S 1919 2004
1900 L MICHIGAN DR 120 2101 S 2000 O 10353 2001 S
2009 2000 2007 O 107
1601 B 2011 2103 R 2001 2008
I
10331 T 116 N 1949 103 2011 2004
2000 2005 111 2013 2051 115
S
119 T 123 127 R S 2002 H 2001 I 112 S 2005 2012 S 1951 2008 10347 BLUESTONE DR M 2015 O 617 100 2102 C 108 1801 N DA 2006 2017 2005 A 716 709 708 2111 1251 2008 J 950 2012 L 2013 705 701 104 1401 613 O 125 2019 2021 2009 2106 AGATE DR 2009 2030 2012 I 2110 O 703 2016 712 705 704 701 121 2131 2031 2014 2022 2110 102 101 609 2013
114 118 1403 505 122 120
C 2250 2023 2023 2026 2025 R 124 501 2016 2100 2114
601 517 2140 2120 2013 2034 2018 700 513 509 510 2017 N 2035 708 117 105 1605 605 A G I 2100 909 700 702 821 2016 2029 913 T 817 2118 2103 2102 ASPEN ST 2101 2030 2101 101 L 2101 704 113 2101 T R HAYES DR
113 117
121 825 905 109 2102 2100POINTE LN 901 N 10375 2121 2100 2101 2125 2104 813 F N 105 A 604 2106 2101 2105 F L 500 2122 700 U A 2107 2104 2107 2105 O L Y 2115 809 121 109 2130 1405 2105 2109
B 117 512
2130 600 504 508 2105 113 2109 980 2106 N ARBOR ST 125 2104 L 2108 2111 805 2126 128 1135 2111 2109 816 701 2109 H 1930 2150 2215 T 605 812 129 OR CT 2202 713 2115 501 2109
2128 904 900 908 O 2125 820
112
100 104 108 124
2206 709 116 705 D 120
2280 1910 2108 2113
601
513 509 505
1221 1113 1205 1209 1213 1217
1105 1109 1201
717 808
2130 1101 713 HERITAGE DR 709 1005
701 N R 2116 2119 2113 2200 705 912 E 2100 2203 132 2112 2121 Y 2165 2124 804 L 2116 137 O 2120 CARTER DR 916
C 1400 V SUPERIOR DR 1130 1118 1200 2200 1126 1124 1116 130 U 604 118 800 A 2207
134 S 1000
230 218 222 226 708 214 712 704
138 2210 700 118
126 122
114 T
106 600 512 508
1220
1112 1208 1212 1216
504 500 1104
1004 1108
1200 1204
416 412 708 712 716 1100 234 238
2206 1012
700 LEGACY LN L 704 1008 210 102 606 2220
2200 E 206 610 D 1360 1300 2201 2215 L 2210 1017 1021 142 R 2202 602 1013 R E SPRING W MIL 1611 1009 AVE HALL LER LN 1101
2204 2205 I
2304 2300 2300 2308
E Y 10598 2205 1000 H 2207 2213 2215 2221 1005 2225 131 611 2229 2301 2201 2203 2300 E 127 10638 514 515 FILLMOREST 1001 A D 2209 10670 211 107 D T 515 2208 2303 917 1022
215 207 111 103 2207 119 115
123 607 219 R 10646 1212 2309 10511 D 913 R 510 511 527 2222 2308 519 203 R 10658 2311 1016
2218 909 1100 2212 2211 10666 1012 518 1320 522 2303 2307 2313 905
514 2206 2212 2214 1008 506 507 514 523 1340 2220 2315 2312 511 2204 901 CANNON RD N 2304 2351 1004 518 510 L 2307 120 2311 2317 1000 502 503 515 510 519 2302 2319 2316 507 E 10678 817 506 813 908 515 2311 10588 1316 1312 G ABBEY RD
414 415 511 506 800 2306 2401 2400 904
805 809 514 503 502 511 D 2305 10631 10641 801 900 1320 I 2315 10684
1304 1308 2310 2405 2404 410 411 502 2400 DRHARBOR 507 STON 507 2323 R L E 2309 816 510 L 10561 10661 I 2413 L 2314 2317 2409 2408 812 406 407 503 M 421 N 503 R 10555 401 R1313 2313 2318 2411 2410 506 D E 10673 2413 2412 420 T 1317 402 403 H S P 2322 2301 DRELIANNA
1309 U 1305 2415 2414 502 O C 2417 10690 2417 2416 N O 1301 2305 400 E L 2418 P N Y 2402 R V 10545 318 319 2422 A 1321 E L D 10576 10695 2419 2418 2421 590 2309 2421 2420 P L 600
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118TH ST E 306 DUNDAS BLVD T 212 214 V 403 A E 405 210 404 5750 W 408 3993 120TH ST E 11821 5780 14 11821 5710 5730 6025 6035 500 6233 11770 11760 11764 11757 7275 DIVISION ST S 411 410 408 415 411 COLLEGE ST S REGULAR
Date of City Council Meeting: April 03, 2012
To: Mayor and City Council
From: Tim Madigan, City Administrator
Subject: Purchase of 1601 Riverview Drive for Public Safety Center
Action Requested: The Northfield City Council authorizes execution of a purchase agreement for 1601 Riverview Drive for use for the new Public Safety Center (PSC) site and the review of this land purchase by the Planning Commission is waived based on the following findings related to the Comprehensive Plan goals:
The new site for the Safety Center meets goal #2: Land Use. This is an efficient use of land as it is an infill project and is a strategic redevelopment of a commercial/industrial area.
It meets goal # 7 Community Facilities. “Plan for and prioritize the construction of community facilities so as to provide the greatest benefit to the residents in the most cost-effective manner possible, with the most positive effect on the immediate surroundings.”
And it highlights a variety of the land use principles: #3 preference for future growth is infill locations, then redevelopment/land intensification opportunities; #6 Mixed use that are distinctive
Summary Report: The City Council reviewed the draft purchase agreement for the purchase of 1601 Riverview Drive at the March 20 meeting. The attached draft has been modified to address the final closing if a referendum is held this year. City Attorney at the meeting will explain how the agreement works related to earnest money and other details of the agreement.
Should the Council decide to approve this transaction, City staff will return with a financing plan for the project which will include the land, new Police facility, and Fire Administration and training areas. The new PSC will be designed to allow for expansion to include Fire vehicle storage. DLR Architects are currently preparing the cost estimate for this facility. We will also prepare a calendar of events for the project e.g. issuance of CIP bonds, bidding, etc.
It is recommended the City Council waive review of the land purchase by the Planning Commission as unnecessary due to the long review of sites for the project and because this is a permitted use in this zone and it does not impact land uses in the area.
Attachments: Purchase Agreement, Memo from Flaherty and Hood
MEMORANDUM
To: Tim Madigan, City Administrator
From: Christopher M. Hood and Steven W. Nyhus VIA EMAIL ONLY
Date: March 29, 2012
Re: Draft Purchase Agreement Between TBC, LLC and the City of Northfield
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The purpose of this memorandum is to address two questions posed by the City regarding the draft Purchase Agreement (herein the “Agreement”) between TBC, LLC (herein “TBC”) as Seller, and the City as Buyer, now under consideration by the City Council:
1. Under what circumstances would the City receive a refund of, or in the alternative, forfeit the earnest money paid under the Agreement?
2. How does the Agreement address environmental conditions that might be on the subject property? At what point would the City be “stuck” with any environmental conditions that may later be shown to exist?
Our answers to the above questions follow.
1. Key Dates and Termination Procedure
For purposes of this analysis, there are several dates the Council should keep in mind. First, as indicated in the very first paragraph of the Agreement, the Agreement’s “effective date” is the date when the last party signs the Agreement. Therefore, a delay in signature by one party has the effect of pushing the subsequent dates back.
Second, Section 3(a) of the Agreement provides that closing shall take place no later than 1) sixty (60) days after the City has received the necessary transaction approvals (e.g. a successful referendum), or 2) November 30, 2012, again assuming the City has received the necessary transaction approvals. We believe it is important to emphasize that if these necessary approvals have not been secured, the deal cannot go forward since it is our understanding that the City would not purchase the property but for the safety center proceeding. Additional language is included at the end of Section 4 to reinforce this point.
Third, Section 10 of the Agreement provides an Inspection/Due Diligence period. The Seller has proposed twenty (20) days after the Agreement’s effective date. The City has proposed 90 days. If the City accepts 20 days, the City could delay signing the agreement to give it additional time to conduct an environmental assessment of the property. Given that this transaction may not close for potentially a more lengthy period, we recommend at least a 90 day inspection period.
Finally, Section 20 specifies remedies available to the parties. If TBC were to default, the City could terminate the Agreement with five (5) days’ written notice to TBC. The City would also have the option to seek TBC’s specific performance of the Agreement.
2. When Is Earnest Money Refundable
Section 2 of the draft Purchase Agreement provides that the $20,000 in earnest money is refundable under three circumstances: 1) a failure of TBC’s representations and warranties; 2) default by TBC; or 3) elsewhere as expressly provided in the Agreement.
a. Failure of Seller’s Representations and Warranties
TBC’s representations and warranties are described in detail in Section 9 of the draft Agreement. If any of these warranties or representations proves to be untrue as of the Closing Date, then one of the options available to the City is to terminate the Agreement and receive a full refund of the earnest money.
b. Default by the Seller
Events of default are referred to in Section 20 (remedies) and Section 23 (duties of the title company). In Section 23, the title company is directed that if the Agreement is terminated pursuant to Section 4 (either party fails to obtain necessary approvals) or Section 6 (title defects are identified in and not properly cured), or if TBC defaults, the title company is to return the City’s earnest money.
c. Other Express Refund Provisions
As noted above, in Section 4 if TBC fails to obtain necessary transaction approvals, the City would be entitled to a refund of its earnest money pursuant to Section 23. However, if the City fails to approve the transaction (e.g., referendum fails, if applicable), TBC may then retain the City’s earnest money, but the agreement would otherwise terminate without the City having to take title to the property. We have added language at the end of Section 4 to make clear that if the City fails to obtain the necessary transaction approvals, the City may then declare this Agreement to be null and void and the City is under no further liability or obligation other than TBC being able to retain the $20,000 earnest money.
Section 6 provides that upon receipt of a title commitment for the property, the City shall have fifteen (15) business days to review it and provide in writing any title objections to TBC. If TBC fails to cure the objections by the closing date, the City may terminate the Agreement and receive a refund of the earnest money.
2 Section 8 provides that if the property is substantially damaged prior to closing due to fire, natural disasters or the like, either party will have an option to terminate (according to the schedule set out in this section) and the earnest money with accrued interest will be refunded.
Section 10 provides for an Inspection/Due Diligence period (discussed more below). In the event the City finds any information or conditions that it finds unacceptable, the City may terminate the Agreement and receive a refund of the earnest money.
Section 24 essentially parrots the language of Section 4(a), such that if the City fails to approve the transaction by the Closing Date, TBC would be able to retain the earnest money.
3. When Must Environmental Concerns Be Identified and Addressed?
Three key provisions of the Agreement come into play with regard to environmental conditions.
First, Section 9 spells out TBC’s warranties and representations that must be true as of the date of closing. The Council may wish to take particular note of paragraphs (b), (e), (h), and (k) of this section, which refer to various environmental laws and conditions.
Second, Section 10 provides for an Inspection/Due Diligence period. This begins on the effective date of the Agreement and continues for ninety (90) days under the City’s current proposal. As provided in paragraph (b) therein, the identification of an environmental condition that the City finds unacceptable constitutes grounds for terminating the Agreement and receiving a refund of the earnest money.
Third, Section 12 provides that, subject to the Inspection/Due Diligence period and TBC’s warranties, the City purchases the property “as-is,” “all faults.” This means that after the transaction closes, the City would in essence acknowledge that it has accepted all of TBC’s warranties and representations regarding the condition of the property as true; the City has had adequate opportunity to inspect the property itself and identify any unacceptable environmental conditions; and the City accepts all risk of claims under environmental laws from that point forward. Thus, environmental liability for the property would become the City’s so it is important that the City be satisfied with the environmental condition of the property within the 90 day period or such longer period as the Council make direct staff to make to the purchase agreement. One other option would be to seek an indemnification agreement from the Seller indemnifying the City for those environmental hazards existing prior to closing.
4. Conclusion
Putting these provisions together, we again note that once the latter of either the City or TBC signs the Agreement, the Agreement then becomes effective and activates two clocks: 1) the 90- day clock for inspections and due diligence review (under the City’s proposal); and 2) the November 30 clock for closing, assuming that the referendum or other necessary transaction approvals will take place within that time frame.
3 In addition to securing transaction approvals, within this period of time the City would need to do whatever it needs to acquire comfort with the environmental condition of the property. If any issues are found within this time frame and they are deemed unacceptable by the City, the City would have the option to terminate the Agreement and receive a refund of its earnest money.
If the City fails to inspect the property and conduct such other due diligence as it deems necessary within the first 90 days, it would be more difficult later in the process for the City to argue that TBC withheld information about the property that the City could have discovered on its own. In other words, instead of being able to rely on both the inspection and warranties clauses, the City would only be able to rely on the warranties clause. For this reason, we believe the City would be well-served to inspect the property promptly and assess for any potential environmental problems.
Once the transaction closes, the possibility of further objections or refunds of the earnest money disappears and the City would then assume the risk of any conditions not heretofore discovered.
It should be noted in closing as well that at the time of drafting this memo these proposals were made to the Seller, but Seller has not yet accepted the City’s proposals.
If you have any questions about this memorandum, please contact us at your convenience at (651) 225-8840.
CMH-SWN
4 COMMERCIAL PROPERTY PURCHASE AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into by and between TBC, LLC, a Minnesota limited liability company, 604 Baneberry Court, Northfield, Minnesota 55057 (“Seller”), and the City of Northfield, a Minnesota municipal corporation, 801 Washington Street, Northfield, Minnesota 55057-2565, its successors and assigns (“Buyer”), together referred to herein as the “Parties,” effective as of the last date of signature by any of the parties as provided below.
In consideration of the mutual covenants and agreements of the parties hereto contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows:
1. SALE OF PROPERTY. Upon and subject to the terms and conditions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the following property (collectively, the “Property”):
a. Real Property. The real property is bare land located in Rice County, Minnesota, bearing Parcel ID Number 22.11.1.02.003, is legally described on the attached Exhibit A (“Land”) together with (1) all buildings and improvements constructed or located on the land (“Improvements”) and (2) all easements and rights benefiting or appurtenant to the Land and Improvements including any right, title or interest in the bed of any street, road, highway or alley adjoining the land (collectively the “Real Property”).
b. Personal Property. All of the fixtures, if any, situated in or about the Real Property owned by Seller and relating to the use and operation of the Real Property (“Personal Property”). Seller agrees to remove all other personal property prior to the Closing Date.
c. Permits. Seller’s interests in any certificates, permits, variances, licenses and approvals which benefit or relate to the Real Property and its current use (“Permits”).
d. Warranties. Seller’s interest in all warranties and guaranties, if any, given to, assigned to or benefiting Seller or the Real Property or the Personal Property, regarding the acquisition, construction, design, use, operation, management or maintenance of the Real Property (“Warranties”).
e. Plans. All blueprints, shop drawings, surveys, studies, plans and specifications regarding the Real Property and Personal Property that are in the possession of or readily available to Seller or its agents (the “Plans”).
f. Records. All records regarding the Real Property and the Personal Property (“Records”) that are in possession of the Seller, or its Seller’s contract manageagents, except those that are proprietary to Seller or which are normally viewed as confidential.
1 g. Proceeds. Seller’s interest in and to any insurance or condemnation proceeds hereinafter received relating to any of the Property, subject to the provisions of Section 8 (“Proceeds”).
2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price (“Purchase Price”) to be paid by Buyer to Seller for the Property shall be Six Hundred Twenty-Two Thousand Thirty-Seven and 00/100 Dollars ($622,037,000.00), calculated as $3.40 per square foot of land, payable as follows:
a. Twenty Thousand and 00/100 Dollars ($ 20,000.00) as earnest money (“Earnest Money”), which Earnest Money shall be held by Seller, the receipt of which Seller hereby acknowledges; and
b. The balance, Six Hundred Two Thousand Thirty-Seven and 00/100 Dollars ($ 602,037.00), by check to be paid on the Closing Date.
The earnest money provided in this paragraph shall be non-refundable to Buyer except in the event of a failure of Seller’s representations or warranties, a default by Seller, or as otherwise expressly set forth in this Agreement.
3. CLOSING.
a. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on a date mutually acceptable to Seller and Buyer, but no later than ninesixty (960) days after the Buyer has secured necessary transaction approvals, as applicable, required pursuant to Section 4(a) of this Agreement, or November 30, 2012, provided Buyer has secured necessary transaction approvals, as applicable, required pursuant to Section 4(a) of this Agreement, whichever occurs first (the “Closing Date”). The Closing shall take place at Northfield City Hall, 801 Washington Street, Northfield, Minnesota 55057-2565, or at such other place as may be agreed to mutually by the parties. Seller agrees to deliver possession of the Property to Buyer on the closing date, subject to the rights of tenants under the Leases.
b. Seller’s Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, “Seller’s Closing Documents”):
i. Deed. A General Warranty Deed (with statement regarding presence or absence of wells), in form substantially similar to Exhibit C attached heretoy and reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the “Permitted Encumbrances” determined pursuant to Section 6 hereof.
ii. Bill of Sale. A Bill of Sale in general warranty form, conveying the Personal Property to Buyer, free and clear of all encumbrances except Permitted Encumbrances.
2
iii. Seller’s Affidavits. An Affidavit of Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no labor or material furnished to the Real Property for which payment has not been made for which mechanics’ liens could be filed; that there are no other unrecorded interests in the Real Property; and that there are no encroachment or survey issues of which Seller is aware; together with whatever standard owner’s affidavit and/or indemnity which may be reasonably required by the Title Company to issue an owner’s policy of title insurance conforming to the requirements of Section 6 of this Agreement.
iv. Original Documents. To the extent reasonably available to Seller or Manager, original copies of the Leases, the Permits, Warranties, Plans and Records, if any.
v. Well Certificate. If there are wells on the Real Property, a Well Certificate in the form required by Minn. Stat. § 103I.
vi. Other Affidavits. Any other affidavits or certificates that may be required under Minn. Stat. § 116.48, Subd. 6, or Sect. 115B.16 or other provisions of law.
vii. Abstract. The abstract of title or the owner’s duplicate certificate of title for the Real Property.
viii. Title Policy. A title policy, or a marked-up Title Commitment, meeting the requirements of Section 6.
c. Buyer’s Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, “Buyer’s Closing Documents”):
i. Purchase Price. The Purchase Price, by check.
4. CONTINGENCIES. The obligation of the Buyer to perform under this Purchase Agreement is contingent upon the timely occurrence or satisfaction of each of the following conditions:
a. Transaction Approvals. The parties understand and agree that the purchase of the Property is contingent upon approval by the City Council of the City of Northfield and approval through any referendum of the eligible voters of the City of Northfield required by law, ordinance or resolution of the City Council authorizing the City to finance and construct a public safety center on the Property. If any approval as provided herein is not obtained by the Closing Date, this Agreement shall be null and void, and in this event Seller may retain the earnest money paid by Buyer.
3 b. On the Closing Date, title to the Property shall be acceptable to Buyer in accordance with the provisions of Section 6.
c. The Inspection Period described in Section 10 shall have expired without Buyer’s terminating the Purchase Agreement.
d. The representations and warranties of Seller shall be true and correct in all material respects up through and including the Date of Closing.
e. Buyer has obtained financing sufficient to enable it to pay the Purchase Price.
The contingencies in this section are solely for the benefit of, and may at any time be waived by, the Buyer. If allany of the necessary contingencies are not met by the Closing Date, Buyer may elect, and is hereby authorized, to declare this Agreement null and void, and in this event Seller may retain the earnest money and Buyer shall have no further liability or obligation to Seller.
5. PRORATIONS. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement.
a. Title Insurance and Closing Fee. Seller will pay alla maximum of Five Hundred and 00/100 Dollars ($500.00) toward the costs of the Title Commitment. Buyer will pay all premiums required for the issuance of the Title Policy. Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by the Title Company.
b. Deed Tax. Seller shall pay the state deed tax on the Warranty Deed to be delivered by Seller under this Agreement.
c. Real Estate Taxes and Special Assessments. General real estate taxes and installments of special assessments payable therewith payable in the year prior to the year of Closing and all prior years will be paid by Seller. Seller shall pay on or before the Closing Date all special assessments that were officially levied or pending as of the date of this Agreement (except installments thereof which are payable along with real estate taxes payable in 2011). Special assessments levied or which become pending after the date of this Agreement shall be paid by Buyer. General real estate taxes payable in the year of closing shall be prorated such that Seller shall pay such portion of such taxes attributable to the period beginning on January 1 of the year in which the Closing Date takes place, and continuing through and including the Closing Date and buyer shall pay such portion of such taxes attributable to the period beginning on the first day after the Closing Date takes place. If general real estate taxes due and payable during the year in which the Closing Date takes place have not yet been determined as of the Closing Date, Buyer and Seller shall estimate such taxes to be 105% of real estate taxes due and payable during the previous year and shall prorate taxes based on such amount; provided that, after taxes due and payable during the year in which the Closing Date takes place have been determined by the
4 taxing authority; either party shall have the right to cause a reconciliation by sending written notice to the other party. Within 10 days of receipt of such notice, the party required to pay any additional amount pursuant to such reconciliation shall pay such amount to the other party.
d. Recording Costs. Buyer will pay the cost of recording the Deed. Seller shall pay the cost of recording any documents necessary to perfect its own title or which release encumbrances other than Permitted Encumbrances.
e. Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs accruing on or before the Closing Date, and Buyer pays that part of such operating costs accruing after the Closing Date.
f. Attorneys’ Fees. Each of the parties will pay its own attorneys’, accountants’ and consultants’ fees.
6. TITLE. Seller shall convey good and marketable title to the Property to the Buyer, free of encumbrances other than easements and restrictions of record which do not materially interfere with Buyer’s intended use of the Property and Permitted Exceptions as provided by this Agreement.
a. Title Commitment. Within tenfifteen (105) business days after receiving written notification from the Buyer of approval of this Agreement by referendum, Seller shall, at Seller’s expense, obtain and deliver to Buyer a title commitment (“Title Commitment”) covering the Property and binding the title company (“Title Company”) to issue at closing a current form ALTA Owner’s Policy of Title Insurance (“Title Policy”) in the full amount of the purchase price hereunder. At the same time Seller shall deliver to Buyer one or more Abstracts of Title, covering all parcels that make up the Property, provided that the Abstracts of Title are not required to be certified to date nor to include searches covering bankruptcies, state and federal judgments, judgment liens, or special assessments, so long as the Title Commitment required above assures good and unfettered title.
b. Objections. Within ten (150) business days after delivery of the Title Commitment to Buyer, Buyer may deliver to Seller such written objections as Buyer may have to anything contained therein. Seller shall make commercially reasonable efforts to satisfy such objections prior to the Closing Date.
c. Buyer’s Rights if Seller Fails to Cure Objections. If Seller delivers written notice to Buyer on or before the Closing Date that Seller is unable to satisfy any objection or if, for any reason, Seller is unable to convey title in accordance herewith, Buyer may, as Buyer’s exclusive remedies, waive such objections and accept such title as Seller is able to convey, with or without adjustment in the purchase price, or terminate this Agreement by written notice to Seller and receive a refund of the earnest money,
5 provided that such termination notice must be delivered on or before the Closing Date.
d. Permitted Exceptions. The following shall be deemed to be permitted exceptions:
(1) Building and zoning laws, ordinances, state and federal regulations; and
(2) The lien of real property taxes payable in the year of Closing which by the terms of this Agreement are to be paid or assumed by Buyer.
7. OPERATION PRIOR TO CLOSING. During the period from the date of Seller’s acceptance of this Agreement to the Closing Date (the “Executory Period”) Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and any currently-maintained insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief (Buyer understands that Seller may self-insure fire and other property casualties), provided, that Seller will not enter into any new leases, or renew any lease terms (other than on a month-to- month basis), or modify or terminate any lease, or accept the surrender of any leased premises, without the written consent of Buyer, which consent shall not be unreasonably withheld or delayed.
8. DAMAGE/CONDEMNATION. If, prior to the Closing Date, all or any part of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer’s option (to be exercised within fifteen (15) days after Seller’s notice), this Agreement shall terminate. In the event Buyer does not terminate this Agreement during the said fifteen (15) day period, Seller shall have the right, during the succeeding five (5) day period to terminate this Agreement by giving written notice thereof to Buyer. In the event either Buyer or Seller so terminates this Agreement, the parties will have no further obligations under this Agreement and any Earnest Money, together with any accrued interest, shall be refunded to Buyer. If neither Buyer nor Seller so elects to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage and Buyer shall have the right to approve any loss adjustment reached by Seller with the applicable insurance companies, such approval not to be unreasonably withheld or delayed. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price shall be reduced by the cost of such repair; or at Buyer’s option, the Seller shall assign to Buyer all right to receive the proceeds of any insurance it may carry relating to such damage and Seller shall pay
6 Buyer an amount equal to the deductible under the applicable policies, and the Purchase Price shall remain the same (or, Seller may forego payment of the deductible, in which case the Purchase Price shall be reduced by the amount of said deductible). For purposes of this Section, the words “substantially damaged” mean damage that would cost $40,000.00 or more to repair or which permits any of the principal tenants of the Property to avoid or cancel their lease.
9. SELLER’S WARRANTIES. As an inducement to Buyer to enter into this Agreement of sale and purchase, Seller hereby represents and warrants to Buyer and agrees as follows:
a. Seller is a Minnesota limited liability company, validly existing in good standing under the laws of the State of Minnesota. Seller has taken all steps required under its Articles of Operation in order to authorize this Purchase Agreement and the performance and satisfaction of all its terms and conditions. Neither the execution, delivery nor performance of this Purchase Agreement will result in the breach under any indenture, security instrument or other agreement or court or administrative order by which the Seller or the Property may be bound or affected.
b. The Property and its current use, and the location of the Improvements on the Property, are in compliance with all federal, state and municipal laws, ordinances, rules and regulations, including zoning, subdivision, environmental protection, building, fire and health laws, ordinances, rules and regulations; and Seller has received no notices from municipal or regulatory bodies that the Property is in violation of the provisions of any such laws, ordinances, rules or regulations.
c. No portion of the Property is in a flood plain.
d. There is access to and from the Property to a public street.
e. Seller has disclosed and made available to Buyer all reports and investigations commissioned by or otherwise readily available to Seller relating to Hazardous Substance and the Property. The term “Hazardous Substance,” in the singular and plural form, means any “hazardous substance” as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time (42 U.S.C. §§ 9601 et seq.), any substances or materials which are classified or considered to be hazardous, contaminants, toxic or pollutants, or otherwise regulated under the laws of the State in which the Property is located, and crude oil and any fraction thereof, asbestos in any form or condition, and polychlorinated biphenyls in any form or condition.
f. To the best of Seller’s knowledge, no methamphetamine production has occurred on the Property.
g. All permits, licenses, approvals and reports necessary or required for a party to store, use, generate or dispose of any Hazardous Substances within or on the Property have been obtained or made, are being complied with, and are in full force and effect.
7 h. Seller is not aware of any environmental condition, situation or incident on, at, or concerning the Property, that could give rise to an action or liability under any law, rule, ordinance, or common law theory. i. To the best of Seller’s knowledge, (i) there are no past or present investigation, administrative proceedings, litigation, regulatory hearings or other actions proposed, threatened or pending, alleging non-compliance with or violation of any federal, or state or local laws, ordinance, rule or regulations dealing with environmental, health or safety matters (“Environmental Laws”) or relating to any required environmental permits, and (ii) neither Seller nor any third party has violated any Environmental laws with respect to the Property or Improvements. j. There are not now, nor to the best of Seller’s knowledge have there ever been, any wells, operating or abandoned, located in, on or under the Property. Seller is providing a Well Disclosure Statement to accompany this Agreement. k. There are no underground or above ground storage tanks on the Property, in use or abandoned, and no such tanks have been removed during Seller’s ownership of the Property except in strict compliance with all laws, ordinances and regulations regarding such removal. l. There is in effect no contract or agreement relating to management, maintenance services or operation of the Property that cannot be terminated on or prior to the Closing Date. m. Seller has paid for, or will pay for on or before the Closing Date, all work, supplies and materials, performed upon and supplied to the Real Property. n. There exists no litigation affecting or calling into question the Property or any part or component thereof, or Seller’s interest therein. There is no condemnation proceeding pending with respect to any part of the Property, and Seller has no knowledge of any threat or the imminence thereof. o. Seller is the owner of all, and there exists no lien, encumbrance or adverse claim with respect to, any of the items of Personal Property, and all equipment and capital leases for fixtures or equipment essential to operation of the Property have been disclosed in writing to Buyer. p. There are no service, maintenance or other contracts or equipment leases relating to the Property other than those which can and, at Buyer’s option, will be cancelled on or before the Closing Date; and Seller has disclosed in writing to Buyer all such contracts and equipment leases, if any. q. There are no leases or tenancies on the Real Property. The information contained in any rent roll to be made available to Buyer, and all other information concerning
8 written leases and any tenancies in the Real Property not arising out of written leases, will be accurate as of the date set forth therein, or if no date is set forth therein, as of the Closing Date; there are no leases or tenancies for any space in the Property other than those set forth in said rent roll and other documents provided to Buyer; no renewal or extension options have been granted to tenants other than as set forth in said leases; the rents set forth are being collected on a current basis and there are no arrearages in excess of one (1) month; no tenant is entitled to rental concessions or abatements for any period subsequent to the Closing Date; Seller is aware of no claim by any tenant that it is entitled to an offset against or abatement of any rent, except as may be disclosed in the Estoppel Certificates; no action or proceeding instituted against Seller by any tenant of the Property is presently pending in any court; and the accounting for security deposits (and interest thereon) to be provided by Seller to Buyer is accurate and there are no security deposits other than those set forth thereon. Formatted: Outline numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + r.q. The income and expense statements of the Property made available and to be made Alignment: Left + Aligned at: 0.5" + Tab after: available to Buyer by Seller shall be true, accurate, and complete in all material 0" + Indent at: 0.75" respects and shall not omit any material information.
All such representations and warranties shall be true on the Closing Date as if made on and as of such date. In the event that any aforesaid warranty is determined not to be true on and as of the Closing Date Buyer may, in Buyer’s sole discretion, at its option and by notice to Seller, either: (i) terminate this Agreement and upon said termination, Seller shall promptly refund to Buyer all monies paid to Seller hereunder, or (ii) waive the warranty or representation and close the sale and purchase hereof.
10. INSPECTION/DUE DILIGENCE PERIOD. Buyer shall have twenty (20)ninety (90) days, commencing the effective date of this Purchase Agreement, until [DATE], 2011 (the “Inspection/Due Diligence Period”) to (i) conduct such reviews, inspections and tests of the Property as Buyer in its sole discretion deems necessary or advisable, (ii) conduct a Phase I environmental assessment of the Property, and (iii) obtain such federal, state and local governmental approvals and permits as Buyer in its sole discretion deems necessary or advisable for Buyer’s proposed development and use of the Property. Such inspection/due diligence by Buyer shall include, but not necessarily be limited to, the following:
a. Seller shall allow Buyer and its agents, upon 24 hours advance verbal or written notice from Buyer to Seller, the right of any ingress and egress over and through the Subject Property for the purpose of inspecting and testing the same and making other observations as Buyer deems prudent, necessary or advisable, all however, at Buyer’s expense. Buyer agrees to indemnify and hold Seller harmless from all injury, death, or property damage or claims of any kind whatsoever arising out of or in any way incidental to Buyer’s presence on the Property for the purposes aforesaid, which indemnity and hold harmless obligation of Buyer shall survive termination of this Purchase Agreement for any reason.
b. If prior to the end of the Inspection/Due Diligence Period, Buyer finds any information or conditions relating to the Subject Property or Buyer’s proposed
9 development and use thereof that are objectionable to Buyer in Buyer’s sole discretion, Buyer shall have the right to terminate this Purchase Agreement by giving written notice of termination to Seller no later than the end of the Inspection/Due Diligence Period and in such case, any Earnest Money shall be promptly refunded to Buyer. For purposes of this Section, objectionable information or conditions means: (1) that the item or component being inspected is not fit for its intended purpose, that it is in violation of a public law, code or regulation, that it needs replacement, cleaning, repairs or service, or that it is missing essential parts; or, (2) that an environmental condition (such as for example radon, mold, well water contamination, asbestos, soil contamination, noise or vibration) exists at levels that are unacceptable to Buyer. However, an item or component is not in objectionable condition if its only imperfections are cosmetic or signs of wear and tear or diminished effectiveness associated with an item or component of its age, or because it is not new or perfect, or because it is legally nonconforming under current law.
11. BROKER’S COMMISSION. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction.
12. PURCHASE AS-IS. Subject to Buyer’s right to terminate this Agreement during the Inspection/Due Diligence Period (Section 10), and subject to the express representations and warranties of Seller as set forth in this Purchase Agreement, Buyer agrees to accept the condition of the Property, including specifically without limitation, the environmental and geological condition of the Property, in an “AS-IS” and with “ALL FAULTS” condition. Buyer’s acceptance of title to the Property shall represent Buyer’s acknowledgment and agreement that, except as expressly set forth in this Agreement: (i) Seller has not made any written or oral representation or warranty of any kind with respect to the Property (including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose), (ii) Buyer has not relied on any written or oral representation or warranty made by Seller, its agents or employees with respect to the condition or value of the Property, (iii) Buyer has had an adequate opportunity to inspect the condition of the Property, including without limitation, any environmental testing, and to inspect documents applicable thereto, and Buyer is relying solely on such inspection and testing, and (iv) the condition of the Property is fit for Buyer’s intended use. Buyer agrees to accept all risk of Claims (including without limitation all Claims under any Environmental Law and all Claims arising at common law, in equity or under a federal, state or local statute, rule or regulation) whether past, present or future, existing or contingent, known or unknown, arising out of, resulting from or relating to the condition of the Property, known or unknown, contemplated or uncontemplated, suspected or unsuspected, including without limitation, the presence of any Hazardous Substance on the Property, whether such Hazardous Substance is located on or under the Property, or has migrated or will migrate from or to the Property.
For purposes of this Section, the following terms have the following meanings:
a. “Environmental Law” means the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §9601 et seq. the Federal Water Pollution
10 Control Act, 33 U.S.C. §1201 et seq., the Clean Water Act, 33 U.S.C. §1321 et seq., the Clean Air Act, 42 U.S.C. §7401 et seq., the Toxic Substances Control Act, 33 U.S.C. §1251 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law or ordinance dealing with the protection of human health, safety, natural resources or the environment now existing and hereafter enacted; and
b. “Hazardous Substance” means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law.
c. “Claim” or “Claims” means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgment, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney’s fees, consultant’s fees, costs, remedial action costs, cleanup costs and expenses which may be related to any claims).
13. ASSIGNMENT. Buyer shall have an unconditional right to assign this Agreement, and either party may assign its rights under this Agreement at any time; provided that no such assignment will relieve the assigning party of its obligations under this Agreement.
14. SURVIVAL. The respective covenants, agreements, indemnifications, warranties and other terms of this Agreement will survive and be in full force and effect after the Closing, and shall not be deemed to have merged into any of the Closing Documents.
15. NOTICES. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to a partner of Buyerthe City Administrator or Finance Officer of the City of Northfield; or if mailed by United States registered or certified mail; return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice as above required, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows:
If to Buyer:
Tim Madigan, InterimCity Administrator City of Northfield 801 Washington Street Northfield, MN 55057-2565
cc: Christopher M. Hood, City Attorney Flaherty & Hood, P.A. 525 Park Street, Suite 470
11 St. Paul, MN 55103-2122
If to Seller:
Bill Cowles TBC, LLC 604 Baneberry Court Northfield, MN 55057 Formatted: Indent: Left: 0", First line: 0" cc: Jacqueline A. Dorsey Formatted: Indent: Left: 0" Hvistendahl, Moersch, Dorsey & Hahn, P.A. 311 South Water Street Northfield, MN 55057
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run two (2) business days after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified.
16. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement.
17. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties.
18. BINDING EFFECT. This Agreement binds and benefits the parties and their successors and assigns.
19. CONTROLLING LAW. The Parties acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of this Agreement. The Parties have equal bargaining power, and intend the plain meaning of the provisions of this Agreement. In the event of an ambiguity in or dispute regarding the interpretation of this Agreement, the ambiguity or dispute shall not be resolved by application of any rule that provides for interpretation against the drafter of the Agreement. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation.
20. REMEDIES. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and
12 upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages. If Seller defaults under this Agreement, Buyer may terminate the Agreement upon five (5) days’ notice to Seller (Seller having cure rights during the 5-day period). Nothing in this Section 20 precludes Buyer from seeking and recovering specific performance of this Agreement or “loss of bargain” damages upon Seller’s default.
21. DATES AND TIME PERIODS. Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or legal holiday, such date shall be extended to the next succeeding business day which is not a Saturday, Sunday or legal holiday.
22. COUNTERPARTS. This Purchase Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall constitute a single, integrated contract.
23. DUTIES OF TITLE COMPANY. In the event the Title Company receives written notice from Buyer (i) this Purchase Agreement has been duly terminated pursuant to Section 4, (ii) this Purchase Agreement has been duly terminated pursuant to Section 6, or (iii) this Purchase Agreement was otherwise terminated as a result of a default by Seller, then Title shall promptly deliver all earnest money hereunder (together with all interest accrued thereon) to Buyerthe party entitled thereto as set forth in this Purchase Agreement. In the event the Title Company receives written evidence from Seller that this Purchase Agreement has been duly terminated by Seller pursuant to Minnesota Statutes § 559.21, then Title shall promptly deliver all earnest money hereunder (together will all accrued interest thereon) to Seller. The sole duties of the Title Company shall be those described herein, and the Title Company shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. The Title Company may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on the Title Company’s part. The Title Company shall have no duty or liability to verify any such notice, consent order or other document, and its sole responsibility shall be to act as expressly set forth in this Agreement. The Title Company shall be under no obligation to institute or defend any action, suit or proceeding of any connection with this Agreement. If any dispute arises with respect to the disbursement of any monies, the Title Company may continue to hold the same pending resolution of such dispute, and the parties hereto hereby indemnify and hold harmless the Title Company from any action taken by it in good faith in the execution of its duties hereunder. The parties hereto agree that there may exist a potential conflict of interest between the duties and obligations of the Title Company pursuant to this Agreement and as insurer of the purchase of the Property by Buyer from Seller. The parties hereto acknowledge such potential conflict and indemnify and hold harmless the Title Company from any claim of conflict of interest arising as a result of its duties hereunder and in determining whether it can give its irrevocable commitment to insure Buyer’s title. The provisions of this Section 223 shall survive the termination of this Purchase Agreement.
13
24. BUYER’S TRANSACTION APPROVALS. Buyer’s obligation to perform hereunder is contingent upon Buyer obtaining, before the Closing Date, approval of the transaction contemplated by this Agreement by the City Council of the City of Northfield and any required approval through referendum of the eligible voters of the City of Northfield authorizing the City to finance and construct a public safety center on the Property. Notwithstanding anything in this Agreement to the contrary, if such approvals have not been obtained by the Closing Date, this Agreement shall be null and void, and in this event Seller may retain the earnest money paid by Buyer. Execution of this Agreement by any person on behalf of the Buyer prior to obtaining the necessary approvals provided herein shall not confer any personal authority nor create any personal liability on the signer for the obligations of Buyer under this Agreement.
Remainder of this page intentionally left blank.
14 IN WITNESS WHEREOF, Seller and Buyer have each executed this Agreement in their corporate names as of the date first written above.
Seller: TBC, LLC
Date: ______By:______Its ______
Date: ______By:______Its ______
Buyer: CITY OF NORTHFIELD, MINNESOTA
Date: ______By:______Mary Rossing, Mayor
Date: ______By:______Deb Little, City Clerk
15 EXHIBIT A
Legal Description
To be determined
16 EXHIBIT B
Permitted Encumbrances
1. Real estate taxes due and payable in 2011 and subsequent years together with installments of special assessments payable therewith.
2. Right of tenants under written leases.
3. Building and zoning laws and ordinances, and state and federal regulations.
4. ______.
5. ______.
6. ______.
17
EXHIBIT C
Form Warranty Deed
(top 3 inches reserved for recording data)
WARRANTY DEED Formatted: Left Business Entity to Business Entity
DEED TAX DUE: $[…] DATE: ____ , 20__
FOR VALUABLE CONSIDERATION, TBC, LLC, a limited liability company under the laws of the State of Minnesota (“Grantor”), hereby conveys and warrants to the City of Northfield, a municipal corporation under the laws of the State of Minnesota (“Grantee”), real property in Rice County, Minnesota, legally described as follows:
[…] together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
[…]
The Seller certifies that the Seller does not know of any wells on the described real property.
Grantor Formatted: Left, Indent: Left: 3", First line: 0.5" TBC, LLC Formatted: Left Formatted: Left, Indent: Left: 3", First line: 0.5" By: Formatted: Left Formatted: Left, Indent: Left: 3", First line: Its: 0.5" Formatted: Left By: Formatted: Left, Indent: Left: 3", First line: 0.5" Its: Formatted: Left Formatted: Left, Indent: Left: 3", First line: 0.5" Formatted: Left
18
STATE OF MINNESOTA ) ) ss. COUNTY OF RICE )
This instrument was acknowledged before me on ______, 20__, by and on behalf of TBC, LLC, a Minnesota limited liability company, Grantor.
(Seal) (signature of notarial officer) Formatted: Left, Indent: Left: 2.5", First line: 0.5" Formatted: Left My commission expires: Formatted: Left, Indent: Left: 2.5", First line: (month/day/year) 0.5" Formatted: Left
THIS INSTRUMENT WAS DRAFTED BY:
FLAHERTY & HOOD, P.A. 525 Park Street, Suite 470 St. Paul, MN 55103-2122
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO:
Finance Director City of Northfield 801 Washington Street Northfield, MN 55057-2565
19 *********
This Purchase Agreement was prepared by:
Flaherty & Hood, P.A. 525 Park Street, Suite 470 St. Paul, MN 55103-2122 www.flaherty-hood.com Telephone: 651-225-8840 Facsimile: 651-225-9088
Others who will assist Seller or Buyer with this transaction:
Attorney for Buyer
Flaherty & Hood, P.A. 525 Park Street, Suite 470 St. Paul, MN 55103-2122 Telephone: 651-225-8840 Facsimile: 651-225-9088 Attorney for Seller
Jacqueline A. Dorsey Hvistendahl, Moersch, Dorsey & Hahn, P.A. 311 South Water Street Northfield, MN 55057 Telephone: 507-645-9358 Facsimile: 507-645-9350 Selling Agent and Broker for this transaction are: Telephone: Facsimile:
Buyer’s or Lender’s Title Insurer:: Telephone: Facsimile:
20
REGULAR AGENDA
Date: April 3, 2012
To: Mayor and City Council City Administrator
From: Kathleen McBride, Finance Director Christopher M. Hood, City Attorney
Subject: Local Options Sales Tax – Process
ACTION REQUESTED:
The City Council is asked to review the information presented on implementing a local option sales tax and, if desired, direct staff to proceed to the next steps.
SUMMARY REPORT:
The City Council has requested information on implementing a local option sales tax as a means of financing major building projects. Local sales taxes may only be used to fund specific capital improvements.
One of the best sources of information on this topic can be found in the “Local Sales Taxes in Minnesota” Information Brief published by the Research Department of the Minnesota House of Representatives (January 2012). The following excerpt best summarizes the process required:
“In order to impose a local sales tax, a political subdivision must obtain legislative enactment of a special law authorizing it to do so by taking the following steps (in the order listed):
1. The governing body of political subdivision must pass a resolution proposing the tax stating (at least) the: a. Proposed tax rate, b. Amount of revenue to be raised and its intended uses, and c. Anticipated date that the tax will expire. 2. The proposed tax, then, must be submitted to and passed by of the voters at a general election held at least 90 days after the resolution was passed. The political subdivision may not expend money to advertise or promote the tax. 3. The political subdivision must request and the legislature must enact a special law authorizing imposition of the tax. 4. The political subdivision must pass an ordinance imposing the tax and notify the Commissioner of Revenue at least 90 days before the first day of the calendar on which the tax is to be imposed.”
POSSIBLE TIMELINE:
Should the City Council wish to pursue the local sales tax option, the following timeline would provide the quickest implementation:
Council passes resolution in early summer, but no later than the second meeting in July (needs to be at least 90 days before the general election); The proposed tax is placed on the ballot for the general election of November 6th; If the tax is approved by voters, special legislation would be drafted and introduced for the 2013 Legislative session; Council enacts an ordinance imposing the tax sometime after legislative approval (likely May 2013). Actual implementation date will need to be coordinated to comply with 90 day notice to the Commissioner of Revenue.
OTHER BACKGROUND AND CONSIDERATIONS:
In 2011, the State Legislature changed the statutes governing local option sales taxes to require that a local election must be held approving a local sales tax prior to a local government unit seeking special legislation from the Legislature authorizing the local tax. Historically, the process was inconsistent on this issue, and in many cases was just the opposite, where legislation was sought prior to local voter approval.
Additionally, local option sales taxes have in the past been somewhat limited or restricted to projects having some regional significance. While there is nothing in the governing statute requiring this regional factor, past practice by the Legislature, up to the 2011 special session, was to impose this factor upon projects seeking Legislative authorization. In 2011, however, this regional factor seems to have been not as strictly applied. For example, the following local option sales taxes were authorized by the Legislature in 2011:
Cloquet .5% park and infrastructure improvements
Fergus Falls .5% community ice arena
Hutchinson .5% wastewater treatment facility
Lanesboro .5% local dam, streets, utilities and municipal buildings
Marshall .5% industry training center and regional amateur sports center
Medford .5% water and wastewater treatment facilities
It remains to be seen whether the regional factor will be applied to 2012 requests, but philosophical perspective on such local taxes may likely come into play when seeking special legislation in the future. The success of such legislation may in large part be determined by who sits in the House and Senate Tax Committee chairs. Also important for the success of special legislation will be the effectiveness of the City’s legislators in 2013 who would be called upon to author the special legislation, and the advocacy of the City’s elected officials and staff, and the City’s lobbyist, should the City choose to retain a lobbyist to assist it in this process. The City Council should weigh the foregoing in considering pursuit of a local option sales tax and whether there may be a regional element that could be part of the City’s public safety center project or other future projects for which the City might desire to apply a local sales tax.
It will also be important to involve Northfield’s legislators early on in the process as well as seek support locally from citizens, the business community and the local chamber of commerce. A community education process would also seem advisable, but a new provision was also added to law in 2011 that prohibits the City from advertising or spending funds to promote a local referendum to support imposing the local sales tax. The previous “moratorium” on local option sales taxes (2009- 2010) expired last year.
Finally, coordination of the start date of the sales tax with the bond payment schedule would be determined at a later date.
Flaherty & Hood, P.A. can assist the City with preparing legislation and lobbying for special legislation should the City decide to pursue a voter approved local option sales tax. Flaherty & Hood, P.A. has extensive experience in assisting cities with local tax authorizations including work on behalf of Rochester, Winona, North Mankato, Owatonna, Mankato, and the St. Cloud area cities.
REVENUE GENERATED BY A LOCAL OPTIONS SALES TAX:
The third attachment to the report is the most recent sales and use tax statistics available. For 2009, the total taxable sales in the City of Northfield were $103,865,771. Based upon this sales figure, a half-cent sales tax would generate around $500,000. There are certain exemptions and limits that apply to local options sales tax, so an exact estimate cannot be made.
ATTACHMENTS:
1. Information Brief – Local Sales Taxes in Minnesota, Research Department, Minnesota House of Representatives 2. MN Statute 297A.99 Local Sales Taxes 3. Excerpts from 2011 Laws of Minnesota, Chapter 7 (First Special Session), Article 4, Local Taxes 4. Northfield City by Industry 2009, excerpt from Minnesota Sales and Use Tax Statistics INFORMATION BRIEF Research Department Minnesota House of Representatives !"#!$%&% '()*+ "" Local Sales Taxes in Minnesota
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/+ + "#$ ## Summary of the Local Sales Tax Provisions
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Steps That a Local Government Must Follow to Impose a Local Sales Tax
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Determination of the Local Tax Rate 1- /+ - -+ 0 -/1- + -- /+(( /. '1 3 3++ (( + , . ++ / - +& ""#$ ## .
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--- (( +(+,( /,+ - 3 ( "(+- . /,+ - ++-D"(+ - 3 " -%#+4""
Requirements of a Complementary Use Tax
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Collection, Administration, and Enforcement of Local Taxes 1- +8 + -A,, + ; , + / 1- ,+ (+/ (+ / / ( +-/ ,( - -- ., + . - 1- - 3+8 3 ( /,( +,- , + (+ - =3 +- ,, +. --/*+ ". -'1 +8 + / .
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%1- / ,( - ,( +O P /. , +3- - /3 ( 1- / ,( , (+ - . + . + +, + - / 5+ 1- /+, - . +, ,( 3 -. - / +-++8 + - / ,(,+ /3 + -+ 0 A?A - =+,3 ? = ; + -(+, '()*+ "" 1/ Imposing and Repealing Local Sales Tax 1 , + / - ,( /, . - + +8++;( / - + 8++ / 5+ , -(+, ; # R . +/ ,( ++(1- (+ 3 , "& '1 +8 +, 1-/3 . +- ,, +- + -+ R 3 (( ++, +- ,, +- - + " R 1-(+ - / 5+ 3 - - ,, +,+-# R
1- 3 , ###+8 +.+?.3-+( / / -+ ,( / +-+(+( 3 /, 3/( + + ,( - ( (+5 - +,, 3 + +- /( + . + ,( 3/ + +(+5 ,.+ +, -( - -- + / /-3 -/(+ /( . +-//( + ( - +8 +,/ 3++-+/ / "3 --! +3 2"4"# +/ / 3+/3 (+5 ; - +3 + / " ""#$ ## . &(+9:"
Determining the Site of a Delivery Sales for Local Tax Purposes 1-### +(+ 3 -- 0 ( +, 3--+ + .5 /1- 3 , "& 3'1 +8 +, '+- --3 ,. /+(( 0 ( + ,+-/+>+/,( 0 ( .-(+ E 93 - /:(+ ( 93 -- ! /:- ( /, . ! 0 ( -. .+, -/ + ""#$ ## .
Transportation Local Sales Taxes Authorized by Statute 2"4- + 33 3 ,( / -( + (+ 2-13 A ! ,+( + , 5 -+( 1+ (+ +3- - ,( / -+ + (+5 1-+, 4 - ( ,+( + 5 - +( 1+ +, ,( / + (+ 5 (3+ +, ( + (+ (+5
?; - +-A+ 3+3/- +/ 3 -! + 3 7-3 +-/ +8 + +((+ 2"4?=+,3+ +3+ 3// (+5 "#A?A 3 3/ / 3 (+5 = ; + -(+, '()*+ "" 1/ Metropolitan Transportation Area Sales Tax ??=( ;, F - . + - + .+ 5 -+( 1+ (+ +5 (3+ +,A+ + -- . 5 -+, "(+ / ,( - -+(+ -5 (3+ +,1-/ /( + - 3 -+3 +,-5 (3+ +,1-+ + , . + (+(+ 8 ( (+5 (+ ++ (+5 $ ""#$ ##" Greater Minnesota Transportation Sales and Use Tax - (+ -+( 1+ (+ +, +-+-5 (3+ +, ,( / (!- (+ D" / / ,,+ ,+ - + (+ (+5 2++ ,( -/- + , ( (+5 . . -(+ +((+ - - + 1-//( + 3- - ( (+5 ,(A++ - ,( /+- (+ ""#$ ##&
Other Local Sales Taxes 1- 3 +. -3-+ / -- .-+ 0. - + + 5+ F --/ ( A?=( - .3 ,( + / 1. - / - + ++ ,( 1." - / -3+ ,( .- /( + 1.& -+ / -3+-+ 0. + ,( 1.% / ++ ,( . -+ 0
>+,+ - / -5+ ( ?-/( + - +, .+ - /++3. 333- ,G-+G-+-,
$>+,+ +, - + +(+ -.+ - /+ ( -= ; + -2 +, + !'U h hvAvhprGrtvyhv)Gh!'8uhr $!((""!"% = ; + -(+, '()*+ "" 1/ $ 1. Currently Imposed Local Sales Taxes Taxing Jurisdiction & Rate Approval required Use of Revenues/Other Comments Year Authorized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
= ; + -(+, '()*+ "" 1/ 4 1. Currently Imposed Local Sales Taxes Taxing Jurisdiction & Rate Approval required Use of Revenues/Other Comments Year Authorized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urrently Imposed Local Sales Taxes Taxing Jurisdiction & Rate Approval required Use of Revenues/Other Comments Year Authorized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ocal Sales Taxes That Were Imposed But Have Expired Taxing Jurisdiction & Rate Approval required Use of Revenues/Other Comments Year Authorized A?A M##& I ;8 + +((+ + /( +3-D%, 3 + +-A?A - ( E/ ##$ ++ ( 3 D"", .+ +-+--+ + +E/( + (+ "4 F ,+M##$ I ;8 + +((+ - > .++ ,(+ , E/( + ,.+&" +D%, 3 + ##+ F M##4 I ;8 + +((+ - + ?F E/( + ,.+&" ++ D%, ##4+ 3M" I ;8 + +((+ - >+ (+ (+5 + (+? + +- .++ ,(+ , E/( + "+ -+ + + +3-+ + ( D"$, . E/( +*& " 1.& Authorized Local Sales Taxes That Were Never Imposed Taxing Jurisdiction & Rate Approval required Use of Revenues/Other Comments Year Authorized , M#4 I A ((+ ,+ ,(+ , This tax was only authorized for sales at the Mall of America site.1- ,( -/. + -+ 3 +( #4$ 1- ; +> M##" I K+((+ -##" 1+ , ; +,--+ /( + + E M##" I K+((+ -##" F + L3 (+5 1- ,( -/3 -+8 ++ +, + L++ M##& I K+((+ ++ A 3+ ,(+5 1-+ +,3 +-7however, this authority has not expired ( + ? M##4 I K+((+ -##4 A,, +1- ,( -/3 -+8 ++ +, + >+ > M##4 I K+((+ -##4 A + + +1- ,( -/3 -+8 ++ +, + 3M##4 I K+((+ -##4 3E , (,"(+5 1- ,( -/3 - + +8 ++ +,3-+ 3 " ,.+ ( (+5 9 1.: = - M##4 I K+((+ ##4 A ++ + 1- ,( -/3 -+8 + ++ ( + +, , 5 M##4 I K+((+ -##4 A +; +,---+ /( +2"3-+ 3 + (+?+ ,(+ , 9 1.: = ; + -(+, '()*+ "" 1/ 1.& Authorized Local Sales Taxes That Were Never Imposed Taxing Jurisdiction & Rate Approval required Use of Revenues/Other Comments Year Authorized A+ A I E - - + A+ E A+-++ + + +(+5 1- ,( -/ M##49 ((+ -###+ 3 -+8 ++ +, / (+3-+ + / A?;( - 3 "" +(+-+ ,(+ , 9 1.: +* (- F +?: F M" I K+((+ + >+ (+ (+5 1- ,( -/3 -+8 ++ +, F M"4 I K+((+ ++ >(D4, + ,(+ , 1-+ +,3 +- ( -. + ,.+&"# 1.% Local Sales Taxes Authorized But Not Yet Imposed Taxing Jurisdiction & Rate Approval required Use of Revenues/ Other Comments Year Authorized , M"4 I A , -++ 1- , 3 -++ ( / + - ,+ + MI ( / + ,( / - + (+? -+(. ,(+ , +- ,+ - 222"-+8 +,--+..3II3 , 3+.3I1-/- . ,( --+ - /( + A8M" I K+((+ + >(D, (+? ( + + + ,(+ , 2 ((+ -/ /( + -+ + & + + ,( +3-+ + - -+ 0(+5 . + -M" I K+((+ + >(D$"#, ,+ + ( + + ++ 3 - 3 + ,+ (+ +1- + , -3(+5 (+ 2 ((+ -/ /( + -+ + + + ,( +3-+ + - -+ 0(+5 . +M" I K+((+ -/ 1+( (D%", +,- . > -+ ,(+ - + R 3+3 3++, 2 ((+ -//( + -+ + " + + ,( +3-+ + +( - 297A.99 LOCAL SALES TAXES. Subdivision 1.Authorization; scope. (a) A political subdivision of this state may impose a general sales tax (1) under section 297A.992, (2) under section 297A.993, (3) if permitted by special law, or (4) if the political subdivision enacted and imposed the tax before January 1, 1982, and its predecessor provision. (b) This section governs the imposition of a general sales tax by the political subdivision. The provisions of this section preempt the provisions of any special law: (1) enacted before June 2, 1997, or (2) enacted on or after June 2, 1997, that does not explicitly exempt the special law provision from this section's rules by reference. (c) This section does not apply to or preempt a sales tax on motor vehicles or a special excise tax on motor vehicles. (d) A political subdivision may not advertise or expend funds for the promotion of a referendum to support imposing a local option sales tax. A political subdivision may only expend funds to conduct the referendum. Subd. 2.Local resolution before application for authority. Before the governing body of a political subdivision requests legislative approval of a special law for a local sales tax that is administered under this section, it shall adopt a resolution indicating its approval of the tax. The resolution must include, at a minimum, information on the proposed tax rate, how the revenues will be used, the total revenue that will be raised before the tax expires, and the estimated length of time that the tax will be in effect. This subdivision applies to local laws enacted after June 30, 1998. Subd. 3.Requirements for adoption, use, termination. (a) Imposition of a local sales tax is subject to approval by voters of the political subdivision at a general election. The election must be conducted before the governing body of the political subdivision requests legislative approval of the tax. (b) The proceeds of the tax must be dedicated exclusively to payment of the cost of a specific capital improvement which is designated at least 90 days before the referendum on imposition of the tax is conducted. (c) The tax must terminate after the improvement designated under paragraph (b) has been completed. (d) After a sales tax imposed by a political subdivision has expired or been terminated, the political subdivision is prohibited from imposing a local sales tax for a period of one year. Notwithstanding subdivision 13, this paragraph applies to all local sales taxes in effect at the time of or imposed after May 26, 1999. Subd. 4.Tax base. (a) The tax applies to sales taxable under this chapter that occur within the political subdivision. (b) Taxable goods or services are subject to a political subdivision's sales tax, if they are sourced to the political subdivision pursuant to section 297A.668. Subd. 5.Tax rate. (a) The tax rate is as specified in the special law authorization and as imposed by the political subdivision. (b) The full political subdivision rate applies to any sales that are taxed at a state rate, and the political subdivision must not have more than one local sales tax rate or more than one local use tax rate. This paragraph does not apply to sales or use taxes imposed on electricity, piped natural or artificial gas, or other heating fuels delivered by the seller, or the retail sale or transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured homes, or mobile homes. Subd. 6.Use tax. A compensating use tax applies, at the same rate as the sales tax, on the use, storage, distribution, or consumption of tangible personal property or taxable services. Subd. 7.Exemptions. (a) All goods or services that are otherwise exempt from taxation under this chapter are exempt from a political subdivision's tax. (b) All mobile transportation equipment, and parts and accessories attached to or to be attached to the equipment are exempt, if purchased by a holder of a motor carrier direct pay permit under section 297A.90. Subd. 8.Credit for other local taxes. If a person paid sales or use tax to another political subdivision of this state on an item subject to tax under this section, a credit applies against the tax imposed under this section. The credit equals the tax the person paid to the other political subdivision for the item. Subd. 9.Enforcement; collection; and administration. (a) The commissioner of revenue shall collect the taxes subject to this section. The commissioner may collect the tax with the state sales and use tax. All taxes under this section are subject to the same penalties, interest, and enforcement provisions as apply to the state sales and use tax. (b) A request for a refund of state sales tax paid in excess of the amount of tax legally due includes a request for a refund of the political subdivision taxes paid on the goods or services. The commissioner shall refund to the taxpayer the full amount of the political subdivision taxes paid on exempt sales or use. (c) A political subdivision shall incur a legal debt to the state for refunds of local sales taxes made by the commissioner after a tax has terminated when the amount of the refunds exceeds the amount of local sales taxes collected for but not remitted to the political subdivision. The commissioner of revenue shall bill the political subdivision for this difference. The commissioner shall deposit the money in the state treasury and credit it to the general fund. Subd. 10.Use of zip code in determining location of sale. The lowest combined tax rate imposed in the zip code area applies if the area includes more than one tax rate in any level of taxing jurisdictions. If a nine-digit zip code designation is not available for a street address or if a seller is unable to determine the nine-digit zip code designation of a purchaser after exercising due diligence to determine the designation, the seller may apply the rate for the five-digit zip code area. For the purposes of this subdivision, there is a rebuttable presumption that a seller has exercised due diligence if the seller has attempted to determine the nine-digit zip code designation by utilizing software approved by the governing board that makes this designation from the street address and the five-digit zip code of the purchaser. Notwithstanding subdivision 13, this subdivision applies to all local sales taxes without regard to the date of authorization. This subdivision does not apply when the purchased product is received by the purchaser at the business location of the seller. Subd. 11.Revenues; cost of collection. The commissioner shall remit the proceeds of the tax, less refunds and a proportionate share of the cost of collection, at least quarterly, to the political subdivision. The commissioner shall deduct from the proceeds remitted an amount that equals (1) the direct and indirect costs of the department to administer, audit, and collect the political subdivision's tax, plus (2) the political subdivision's proportionate share of the indirect cost of administering all taxes under this section, plus (3) the cost of constructing and maintaining a zip code or geo‐code database necessary for local sales tax collections under the Streamlined Sales and Use Tax Agreement in section 297A.995. The initial cost of constructing a database under clause (3) shall be distributed among the cities with a local sales tax based on each city's population. The commissioner shall develop a method for distributing the cost of maintaining the database among the cities with a local sales tax based on the number of boundary changes for each city. Subd. 12.Effective dates; notification. (a) A political subdivision may impose a tax under this section starting only on the first day of a calendar quarter. A political subdivision may repeal a tax under this section stopping only on the last day of a calendar quarter. (b) The political subdivision shall notify the commissioner of revenue at least 90 days before imposing, changing the rate of, or repealing a tax under this section. (c) The political subdivision shall change the rate of tax imposed under this section starting only on the first day of a calendar quarter, and only after the commissioner has notified sellers at least 60 days prior to the change. (d) The political subdivision shall apply the rate change for sales tax imposed under this section to purchases from printed catalogs, wherein the purchaser computed the tax based upon local tax rates published in the catalog, starting only on the first day of a calendar quarter, and only after the commissioner has notified sellers at least 120 days prior to the change. (e) The political subdivision shall apply local jurisdiction boundary changes to taxes imposed under this section starting only on the first day of a calendar quarter, and only after the commissioner has notified sellers at least 60 days prior to the change. Subd. 12a.Notification of use tax. Any political subdivision imposing a local sales and use tax, which maintains an official Web site, must display on its main home page a link to a notice that residents and businesses in the political subdivision may owe a local use tax on purchases of goods and services made outside of the political subdivision limits. The notice must provide information, including a link to any relevant Department of Revenue Web site, on how the taxpayer may get information and forms necessary for calculating and paying the tax. If the political subdivision provides and bills for sewer, water, garbage collection, or other public utility services, the billing statement must also include at least once per year a notice that residents and businesses may owe a local use tax on purchases made outside of the political subdivision limits and provide information on how the taxpayer may get information and forms necessary for calculating and paying the tax. Subd. 13.Application. This section applies to all local sales taxes that were authorized before, on, or after June 2, 1997.
297A.993 GREATER MINNESOTA TRANSPORTATION SALES AND USE TAX. Subdivision 1.Authorization; rates. Notwithstanding section 297A.99, subdivisions 1, 2, 3, 5, and 13, or 477A.016, or any other law, the board of a county outside the metropolitan transportation area, as defined under section 297A.992, subdivision 1, or more than one county outside the metropolitan transportation area acting under a joint powers agreement, may impose (1) a transportation sales tax at a rate of up to one-half of one percent on retail sales and uses taxable under this chapter, and (2) an excise tax of $20 per motor vehicle, as defined in section 297B.01, subdivision 11, purchased or acquired from any person engaged in the business of selling motor vehicles at retail, occurring within the jurisdiction of the taxing authority. The taxes imposed under this section are subject to approval by a majority of the voters in each of the counties affected at a general election who vote on the question to impose the taxes. Subd. 2.Allocation; termination. The proceeds of the taxes must be dedicated exclusively to payment of the cost of a specific transportation project or improvement. The transportation project or improvement must be designated by the board of the county, or more than one county acting under a joint powers agreement. The taxes must terminate after the project or improvement has been completed. Subd. 3.Administration, collection, enforcement. The administration, collection, and enforcement provisions in section 297A.99, subdivisions 4 and 6 to 12, apply to all taxes imposed under this section.
MINNESOTA SALES AND USE TAX STATISTICS 1 NORTHFIELD CITY BY INDUSTRY 2009.XLS
YEAR CITY INDUSTRY GROSS SALES TAXABLE SALES SALES TAX USE TAX TOTAL TAX NUMBER 2009 NORTHFIELD 236 CONSTRUCT -BUILDINGS $7,601,254 $33,308 $2,249 $2,241 $4,490 9 2009 NORTHFIELD 238 CONSTRUCT -SPECIAL TRADES $2,505,582 $361,713 $24,190 $87 $24,277 9 2009 NORTHFIELD 323 MFG -PRINTING, SUPPORT $2,280,361 $375,518 $25,120 $12 $25,132 5 2009 NORTHFIELD 339 MFG -MISC $454,805,170 $2,311,334 $154,447 $22,406 $176,853 5 2009 NORTHFIELD 424 WHOLESALE -NONDURABLE $128,264,511 $1,809,398 $121,078 $40,941 $162,019 4 2009 NORTHFIELD 441 RETL -VEHICLES, PARTS $23,666,531 $3,943,126 $264,102 $1,266 $265,368 7 2009 NORTHFIELD 442 RETL -FURNITURE STORES $2,419,727 $1,124,597 $75,609 $9,427 $85,036 7 2009 NORTHFIELD 445 RETL -FOOD BEVERAGE STORE $57,857,063 $11,722,485 $851,749 $5,625 $857,374 5 2009 NORTHFIELD 446 RETL -HEALTH, PERSONAL $15,383,279 $1,809,187 $121,056 $1,010 $122,066 5 2009 NORTHFIELD 447 RETL -GASOLINE STATIONS $28,010,157 $4,469,439 $300,338 $2,116 $302,454 7 2009 NORTHFIELD 448 RETL -CLOTHING, ACCESSORY $2,181,129 $541,650 $36,318 $0 $36,318 9 2009 NORTHFIELD 451 RETL -LEISURE GOODS $2,405,852 $772,544 $51,451 $20 $51,471 16 2009 NORTHFIELD 453 RETL -MISC STORE RETAILER $38,422,361 $24,410,204 $1,636,521 $5,501 $1,642,022 66 2009 NORTHFIELD 454 RETL -NONSTORE RETAILERS $44,405,054 $2,927,791 $197,324 $48 $197,372 12 2009 NORTHFIELD 511 INFO -PUBLISHING INDUSTRY $3,560,826 $14,447 $960 $555 $1,515 4 2009 NORTHFIELD 519 INFO -OTHER SERVICES $116,095 $23,887 $1,594 $246 $1,840 6 2009 NORTHFIELD 531 REAL ESTATE $1,971,975 $1,190,329 $84,985 $198 $85,183 6 2009 NORTHFIELD 532 RENTAL, LEASING SERVICES $597,642 $584,671 $38,937 $30,286 $69,223 4 2009 NORTHFIELD 541 PROF,SCIENTIFIC,TECH SERV $14,108,482 $1,375,924 $92,156 $1,145 $93,301 41 2009 NORTHFIELD 561 ADMIN, SUPPORT SERVICES $4,636,857 $1,925,423 $128,957 $1,091 $130,048 21 2009 NORTHFIELD 611 EDUCATIONAL SERVICES $4,987,726 $1,361,652 $92,097 $52 $92,149 6 2009 NORTHFIELD 621 HEALTH -AMBULATORY CARE $1,339,550 $127,136 $8,496 $695 $9,191 14 2009 NORTHFIELD 623 HEALTH -NURSING,HOME CARE $811,502 $130,559 $8,758 $0 $8,758 5 2009 NORTHFIELD 711 PERF ART, SPECTATOR SPRTS $63,529 $57,568 $3,874 $4 $3,878 5 2009 NORTHFIELD 713 AMUSEMENT, GAMBLING, RECR $2,951,413 $2,553,626 $177,782 $0 $177,782 6 2009 NORTHFIELD 721 ACCOMMODATION $1,400,812 $1,353,823 $90,651 $2,602 $93,253 5 2009 NORTHFIELD 722 FOOD SERV, DRNKING PLACES $30,882,517 $21,558,552 $1,491,732 $10,267 $1,501,999 36 2009 NORTHFIELD 811 REPAIR, MAINTENANCE $7,911,616 $4,016,486 $268,940 $23,631 $292,571 22 2009 NORTHFIELD 812 PERSONAL, LAUNDRY SERVICE $3,767,523 $1,193,780 $79,596 $22,240 $101,836 43 2009 NORTHFIELD 813 RELIGIOUS,CIVIC,PROF ORGS $1,385,639 $713,615 $60,860 $0 $60,860 9 2009 NORTHFIELD 999 UNDESIGNATED/SUPPRESSED $96,247,234 $9,071,999 $606,821 $140,661 $747,482 39 $986,948,969 $103,865,771 $7,098,748 $324,373 $7,423,121 438
Minnesota Department of Revenue, Tax Research Division
REGULAR
Date of City Council Meeting: April 3, 2012
To: Mayor & City Council City Administrator
From: Councilor Rhonda Pownell
Subject: County and State Roads
Action Requested: The City Council directs staff to work with MNDOT and the County to look at potential options to move forward initiatives and studies to improve the road surfaces of the following State and County roads: 1. Hwy 19 - Trunk Hwy 19 Environmental Impact Statement and road surface improvement from 2nd Street going east past Carleton College 2. Hwy 3 - Access Management and Safety Plan 3. Woodley Street – reconstruction/road surface improvement.
SUMMARY: The City Council has made significant strides to put plans in place to improve the 18-19 miles of local streets that are in poor condition. In addition to our local streets, there are State and County roads within the Northfield City limits that need significant improvement or long term future planning.
Knowing what the potential options are for improving the identified roads will inform our Capital Improvement Plan discussion in the coming months or aid in moving these projects forward earlier if an opportunity presents itself.
REGULAR
Date of City Council Meeting: April 03, 2012
To: Mayor & City Council City Administrator
From: Councilor Rhonda Pownell
Subject: Rice County Drug Court
Action Requested: The City Council directs the Mayor’s Task Force on Youth Alcohol and Drug Use to work with the Northfield Public Safety Director to investigate the possibility of establishing a Drug Court in Rice County and to bring forward any pertinent information that would be helpful to have as background information such as costs, identified need, potential collaborations, pros and cons, etc. and to report back to the City Council.
SUMMARY: Drug Courts are a proven cost effective tool to prevent drug offenders from reoffending or resuming drug use because they provide immediate sanctions and incentives. Drug Court costs $4000-$5000 while prison costs $30,000 or more.
In recent years Northfield has experienced deaths due to heroin overdoses. In 2011 there were 2 heroin overdose deaths and 14 arrested for felony drug deals. Many are working hard on all fronts to help eradicate heroin from our community and to make sure there are no future lives lost.
The following is a link to information on drug courts in Minnesota: http://www.mnvideovault.org/index.php?id=17399&select_index=0&popup=yes
Doing the necessary background information gathering on establishing a drug court in Rice County, will help inform whether there are any other roles the city could play to help fight drug use in Northfield. REGULAR
Date of City Council Meeting: April 3, 2012
To: Mayor & City Council City Administrator
From: Councilor Rhonda Pownell
Subject: MnDOT Truck Station
Action Requested: The City Council directs the Economic Development Authority to work with MNDOT to identify a clean 5 to 6 acre (minimum of 4 acres) piece of property and to help facilitate the relocation of the MNDOT truck station to that site and to report back to the City Council with an update on the process in the 4th quarter of 2012.
SUMMARY: The corner of Hwy 3 and Woodley is a strategic location for commercial development and has been identified by many as a potential redevelopment site. In addition MNDOT has indicated that they would like to relocate the truck station to a clean 5 to 6 acre site with sewer and water that’s close to the trunk highway system and in an industrial area per their email to Tim Madigan on February 17th.
It could take up to 2.5 years to accomplish this once a site has been identified. It is prudent to start this process now so that the site is available in the future.