SPECIAL CLOSED MEETING & REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 5, 2014 6:00 PM COUNCIL CHAMBERS
6:00 PM – CLOSED MEETING
CALL TO ORDER ____Graham ____DeLong ____Ludescher ____Nakasian ____Peterson White ____ Pownell ____Zweifel
1. Motion to Close Meeting Pursuant to Minn. Stat. § 13D.03, Subd. 1 for consideration of strategy for labor negotiations
ADJOURN
7:00 PM – REGULAR MEETING
CALL TO ORDER ____Graham ____DeLong ____Ludescher ____Nakasian ____Peterson White ____ Pownell ____Zweifel
APPROVAL OF AGENDA
APPROVAL OF MINUTES
PRESENTATIONS Swear in Patrol Officer Michael Murphy-Smith NDDC Mid Year Report
REPORTS FROM THE MAYOR AND COUNCILMEMBERS
CONSENT AGENDA Public Comments: Persons commenting on consent agenda items only may use this opportunity to speak. Speakers must identify themselves by providing their name and address and completing a comment card. Comments are limited to two (2) minutes (not including interpreter’s time). Agenda items below are approved by one motion unless a Council member requests separate action. All items approved by majority vote unless noted.
1. Motion – Review of City Disbursements
2. Resolution 2014-084 - Accept Bids and Award Contract East Cannon River Wall Repair Project
3. Motion – Support Bike Friendly Community Application
4. Resolution 2014-085 – Approve Maintenance for Bicycle Detector Pavement Marking at Second Street
5. Motion – Approve Community Event License Agreement with Canvas Church
6. Motion – Approve Community Event License Agreement with Extreme Music Tour
7. Motion – Approve Community Event License Agreement with Masonic Lodge
8. Ordinance No. 959 – Second Reading of an Ordinance Amending City Code Sec. 2-26 Regarding Council Compensation
9. Motion - Authorize East Cannon River Wall Railing Project
10. Motion- Approve Initial Northfield Area Fire Rescue Services Payment
11. Resolution 2014-088 – Approve WWTP Well Replacement/Water Line Extension Project
12. Motion – Approve Stipend for Interim Housing Expenses for Nick Haggenmiller
OPEN PUBLIC COMMENTS Persons may take one opportunity to address the council for two (2) minutes on any topic, even if on the agenda (not including interpreter’s time), with the condition that they may not speak on the same item later in the meeting. No notification of the mayor is required. However, speakers are asked to complete a comment card. Persons wanting a response to a question must submit the question in writing to the recording secretary. Questions must include name, address and phone number.
REGULAR AGENDA Please submit name and address to the recording secretary before the meeting or prior to the start of the regular agenda. The Mayor will ask you to speak after the staff report on the item. Please be respectful of the public’s and the council’s time. Members of the public wishing to speak must adhere to the following guidelines: Speak only once for no more than two (2) minutes (not including interpreter’s time) on the topic unless the speaker is addressed by the council; Identify your relationship to the topic (interested citizens included); Have a spokesperson or two for your group to present your comments.
13. Resolution 2014 -086 - Award Sale of 2014A Bonds
14. Resolution 2014-087 - Approve Library Building Program and Authorization to Proceed with schematic plan and a preliminary budget
15. Ordinance No. 960 – First Reading of Ordinance Rezoning for Central Valley Coop Site
16. Resolution 2014-090- Approve Purchase of Gleason Property for Regional Park
17. Resolution 2014-089 - Authorize Plan Design and Specifications for Phase 2 of the East Cannon River Trail
18. Motion - Approve Conflict of Interest Form for Fire JPA/Attorney
ADMINISTRATORS UPDATE 19. Tentative Council Agenda List
ADJOURN
Note: The City Council may take a five minute break during the meeting. All regular City Council meetings end at 10:00 pm unless a 5/7 majority of the City Council vote to extend the time.
SPECIAL NEEDS: If you require special services to attend or participate in a public meeting, please call the City's Administration Office at (507) 645-3001 or e-mail Deb Little, City Clerk, at [email protected]. TDD users can call (507) 645-3030. Please call 24 hours before the meeting, if possible.
Meeting: City Council Meeting
Date: July 15, 2014 Location: Council Chambers Start Time: 7:00 p.m. Adjourn Time: 9:58 p.m.
Members Present: Council Members David DeLong, David Ludescher, Suzie Nakasian, Jessica Peterson White, Rhonda Pownell, and Mayor Pro Tem Erica Zweifel
Members Absent: Mayor Dana Graham
Others present: Brian Hoff, Jim Pokorney, Helen Medin, Gary Weiers, David Drown & Associates, Assistant Public Works Director/Assistant City Engineer Brian Erickson, GIS Technician Jasper Kruggel, Human Resources/Communications Manager Michelle Mahowald, City Clerk Deb Little, City Administrator Tim Madigan, Northfield News and other interested citizens.
Item Discussion/Conclusions Action Call to Order At 7:00 p.m. Mayor Pro Tem Zweifel called the A roll call was taken of members present and meeting to order. a quorum was declared. Approval of Agenda Mayor Pro Tem Zweifel noted items on the green sheet. A motion was made by C. Pownell and Items 2 & 5 were moved from the consent agenda to the seconded by C. Peterson White to approve regular agenda. the agenda for July 15, 2014 as amended. All in favor. Motion carried. Approval of Minutes A motion was made by C. Nakasian and seconded by C. Peterson White to approve the City Council Meeting minutes for July 8, 2014. All in favor. Motion carried.
A motion was made by C. Peterson White and seconded by C. Ludescher to approve the Special City Council Meeting minutes from July 10, 2014. All in favor. Motion carried. Presentation Brian Hoff & Jim Pokorney gave an update on the YMCA project progress and funding. They offered tours for interested council members. They also spoke regarding collaborations and opportunities for public/private partnerships. Reports From Council Members C. Nakasian – Reported on memorial service for Dixon Bond. Asked Council to think about opportunities for recognizing exemplary leadership and service. C. Peterson White – Attended NDDC/Chamber/CVB work group meeting. C. DeLong – Attended Fire Relief Association meeting. C. Ludescher – None C. Pownell – Noted important impact Dixon Bond had on the community. Recommended the book “For the Love of Cities” by Peter Peter Kageyama. Attended Mayors Task Force on Youth Alcohol & Drug Use. Noted three policy work groups and the projects that
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Item Discussion/Conclusions Action they are working on. Attended Y Kids Tri. C. Zweifel – Noted passing of Dixon Bond and acknowledged his many years of service in the community. Reported on HRA meeting. Reminded the Council of the Intergovernmental meeting next Wednesday. Consent Agenda Approval of Consent City Administrator Madigan introduced the items on the A motion was made by C. Pownell and Agenda consent agenda. seconded by C. Peterson White to APPROVE THE CONSENT AGENDA. All in favor. Motion carried. Motion M2014-130 Approve Disbursements Totaling $404,909.07. Disbursements Motion M2014-131 The Northfield City Council approves reimbursement of NLC Conference costs for the registration, lodging and miscellaneous Expenses Mayor expenses for Mayor Graham to attend the National Graham League of Cities Conference in November 2014, in the estimated amount of $2,500. Resolution 2014-077 Establishing a Schedule of Grading Permit Fees and Grading Permit Fee Performance Security Escrow Amounts Motion M2014-132 The Northfield City Council hereby approves Stormwater Utility adjustments to stormwater utility charges brought Charges forward by staff on parcels 2211154004, 2211154008, 2211154001, 2211154002, 2211154003, 2202450001, 2211154006, 2211154009, 2211200003, and 2211154007 as shown in Attachment #1. Public Comments Open Public None. Comments Regular Agenda Resolution 2014-078 GIS Technician Kruggel introduced this item and A motion was made by C. Nakasian and Gleason Property answered questions posed by the Council. City seconded by C. Peterson White to Purchase Administrator Madigan answered questions posed by the APPROVE RESOLUTION 2014-078 – Council. City Clerk Little answered questions posed by APPROVING THE PURCHASE OF REAL the Council regarding number of votes needed to PROPERTY IN NORTHFIELD, approve the resolution. MINNESTA, AND DISPENSING WITH REVIEW OF THE PURCHASE BY THE NORTHFIELD PLANNING COMMISSION.
A motion was made by C. Ludescher and seconded by C. Nakasian TO AMEND THE SECOND RESOLVED CLAUSE AS FOLLOWS: THE CITY COUNCIL HEREBY APPROVES THE ATTACHED PURCHASE AGREEMENT AND AUTHORIZES THE MAYOR AND CITY CLERK TO EXECUTE THE PURCHASE AGREEMENT SUBSTANTIALLY IN THE FORM HEREBY APPROVED SUBJECT TO THE RECEIPT OF THE TEST RESULTS REGARDING CONTAMINATION AND APPROVAL OF THE CITY STAFF THAT THERE IS NO CONTAMINATION OF THE PROPERTY.
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Item Discussion/Conclusions Action All in favor. Motion carried.
A motion was made by C. Ludescher seconded by C. DeLong to POSTPONE TO THE NEXT MEETING. All in favor. Motion carried. Motion M2014-133 Assistant Public Works Director/Assistant City Engineer A motion (M2014-133) was made by C. PSA for Highway Erickson introduced this item and answered questions Peterson White and seconded by C. Pownell 3/3rd Street posed by the Council. City Administrator Madigan that THE NORTHFIELD CITY COUNCIL answered questions posed by the Council. APPROVES THE ATTACHED AMENDED SCOPE OF WORK FOR THE 2015 STREET IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC., FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES RELATED TO THE DETAILED DESIGN AND RELATED PROJECT DEVELOPMENT FOR THE PROPOSED TH 3/THIRD STREET INTERSECTION IMPROVEMENTS PROJECT. All in favor. Motion carried. Resolution 2014-083 Human Resources/Communications Manager Mahowald A motion was made by C. Nakasian and City Administrator introduced this item. Gary Weiers reviewed terms of the seconded by C. Peterson White to Contract employment agreement and answered questions posed APPROVE RESOLUTION 2014-083 –CITY by the Council. ADMINISTRATOR EMPLOYMENT AGREEMENT. All in favor. Motion carried. Ordinance No. 959 City Administrator Madigan introduced this item. A motion was made by C. DeLong and Council seconded by C. Peterson White to HAVE Compensation THE FIRST READING OF ORDINANCE NO. 959 - AMENDING CITY CODE SECTION 2-26 REGARDING COUNCIL COMPENSATION.
A motion was made by C. Pownell and seconded by C. Peterson White TO AMEND THE ORDINANCE TO POSTPONE THE ORDINANCE TO TAKE EFFECT JANUARY 1, 2017 BY CHANGING 2015 TO 2017 AND 2016 TO 2018 IN ALL PLACES THAT IT APPEARS IN THE ORDINANCE. Yes votes: C. Nakasian, C. Peterson White, C. Pownell. No votes: C. DeLong, C. Ludescher and Mayor Pro Tem Zweifel. Vote is 3-3. Motion failed.
Vote on First Reading of Ordinance No. 959: Yes votes: C. DeLong, C. Ludescher, C. Peterson White and Mayor Pro Tem. No votes: C. Nakasian, C. Pownell. Vote is 4-2. Motion carried.
Recess The Council took a 5 minute break at 8:50 p.m. None. Resolution 2014-079 Assistant Public Works Director/Assistant City Engineer A motion was made by C. Pownell and Riverview Drive Erickson introduced this item and answered questions seconded by C. Peterson White to Assessments posed by the Council. APPROVE RESOLUTION 2014-079
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Item Discussion/Conclusions Action ADOPTING ASSESSMENTS RIVERVIEW DRIVE RECLAMATION PROJECT STRT2014-A21. Yes votes: C. Ludescher, C. Nakasian, C. Peterson White, C. Pownell, Mayor Pro Tem Zweifel. No vote: C. DeLong. Vote is 5-1. Motion carried. Resolution 2014-080 Assistant Public Works Director/Assistant City Engineer A motion was made by C. Pownell and Riverview Drive Erickson introduced this item and answered questions seconded by C. Peterson White to Accept Bids & Award posed by the Council. APPROVE RESOLUTION 2014-080 – Contract ACCEPTING BIDS AND AWARDING THE CONTRACT FOR RIVERVIEW DRIVE RECLAMATION PROJECT 2014 STREET IMPROVEMENT A21.
A motion was made by C. Pownell seconded by C. Nakasian to AMEND THE RESOLUTION BY ADDING A #4 TO THE NOW THEREFORE BE IT RESOLVED CLAUSE THAT THE CITY COUNCIL DIRECTS STAFF TO LOOK INTO OPPORTUNITIES TO CHANGE THE SIDEWALK TO A TRAIL AS WELL AS ADDING AN ADDITIONAL SPUR ON THE SOUTH SIDE OF RIVERVIEW DRIVE TO ARCADIA SCHOOL AND BRING BACK THIS INFORMATION TO COUNCIL.
A motion was made by C. DeLong and seconded by C. Ludescher to DEDUCT SIDEWALKS ON THE EAST SIDE OF CANNON ROAD. Yes votes: C. DeLong and C. Ludescher. No votes: C. Nakasian, C. Peterson White, C. Pownell and Mayor Pro Tem Zweifel. Vote is 2-4. Motion failed.
Vote on amendment: Yes votes: C. Nakasian, C. Peterson White, C. Pownell, C. Zweifel. No votes: C. DeLong, C. Ludescher. Vote is 4-2. Motion carried.
Vote on Resolution 2014-080 as amended: Yes votes: C. Nakasian, C. Peterson White, C. Pownell, C. Zweifel. No votes: C. DeLong, C. Ludescher. Vote is 4-2. Motion carried. Resolution 2014-081 Assistant Public Works Director/Assistant City Engineer A motion was made by C. DeLong and Cemstone Agreement Erickson introduced this item and answered questions seconded by C. Ludescher to APPROVE posed by the Council. RESOLUTION 2014-081 – AUTHORIZING STAFF TO NEGOTIATE AN AGREEMENT WITH CEMSTONE. All in favor. Motion carried. Motion M2014-134 Assistant Public Works Director/Assistant City Engineer A motion (M2014-134) was made by C. Engineering RFP Erickson introduced this item and answered questions Peterson White and seconded by C. Woodley Street posed by the Council. Ludescher that THE NORTHFIELD CITY COUNCIL APPROVES THE ATTACHED REQUEST FOR
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Item Discussion/Conclusions Action PROPOSALS FOR PROFESSIONAL SERVICES RELATED TO PROJECT DEVELOPMENT FOR THE 2016 WOODLEY STREET IMPROVEMENT PROJECT, AND AUTHORIZES ITS RELEASE. All in favor. Motion carried. Resolution 2014-082 A motion was made by C. Nakasian and Rice County seconded by C. Peterson White to Cooperative APPROVE RESOLUTION 2014-082 Agreement for APPROVING THE ENGINEERING AND Woodley Street CONSTRUCTION COOPERATIVE PROJECT AGREEMENT WITH RICE COUNTY FOR THE 2016 WOODLEY STREET IMPROVEMENT PROJECT. All in favor. Motion carried. Discussion Council members have a brief discussion regarding None Woodley Street sidewalk on the Woodley Street Improvement project. Sidewalk City Administrator Update City Administrator Madigan provided an update on the following: Reviewed future council meeting items list Noted adjustments related to 20 minute parking and placement of signs. Adjourn Adjourn the meeting A motion was made by C. Pownell and seconded by C. Ludescher to adjourn the meeting at 9:58 p.m.
Submitted by: ______Attest: ______Deb Little, City Clerk Dana Graham, Mayor
Page 5 – July 15, 2014 City Council Minutes PRESENTATION
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Michele Merxbauer, Community Development Coordinator
Subject: Mid-year report from the Northfield Downtown Development Corporation
Action Requested: No action requested.
Summary Report: The Council voted in November 2011 to fund the NDDC and SMIF from the general fund, rather than the EDA levy. A one-year service contract has been annually awarded in the years since then, with the 2014 contract agreed upon and signed in January 2014 between the Council and the NDDC for $35,000, with the stipulation for a mid-year report. The contract states that the second half payment is payable upon a written and verbal report to the City Council.
Ross Currier, Executive Director, will be presenting the mid-year NDDC fiscal and activity report.
Attachments: 1. Exhibit 1 and Exhibit 3 from the 2014 Consultant Services Contract 2. Cover Letter 3. Council Contract Report Memo 4. Quantification Memo 5. College-Community Collaboration Projects Memo 6. Status of Activities Memo
SCOPE OF SERVICES
Subject to the terms of this Contract, CONSULTANT shall perform the following services as its contractual obligation to the CITY:
1. The CONSULTANT will submit a Work Plan for 2014 which will include projects and / or initiatives for each of the CEDP Strategies for which die organization will take the lead. The CONSULTANT will also name the specific product or outcome for each project or initiative along with a timeline for implementation and/ or completion.
2. The Comprehensive Economic Development Plan (CEDP) Strategies for which the CONSULTANT will take die lead are:
Maintain and Enhance the Existing Downtown Increase Connections with Current and Former Students Continue to Engage the Leadership of the Colleges Leverage Existing Fiber Network
3. The CONSULTANT will continue implementation of its business visitation program and provide the CITY written reports on the success of such program.
4. The CONSULTANT will report to the CITY twice during 2014, at mid -year and year end. The CONSULTANT will report on CONSULTANT' s activities, specifically identifying those areas of work CONSULTANT has undertaken to assist the CITY in accomplishing its economic development initiatives and the CITY' s Economic Development Authority' s work plan initiatives. The CONSULTANT will submit a written report before the meeting and make a verbal presentation at the meeting. Filially. the CONSULTANT will also submit its year -to -date financial report for die meeting.
5. The CONSULTANT will conduct marketing and other informational and promotional efforts to attract more shoppers to the CITY' s downtown business district, assist downtown businesses in increasing sales, and assist downtown building owners in maintaining and increasing building occupancy.
6. The CONSULTANT will support the CITY' s economic development and redevelopment initiatives in the CITY' s downtown business district. 7. Develop and implement a strategy for CONSULTANT' s organizational sustainability. The CEDP Strategies for which the CONSULTANT will be a collaborator are:
Concentrate on Existing Businesses Raise Awareness of Northfield ' vithui Region Coordinate Retail Strategy
The CEDP Strategies for which the CONSULTANT will take a supportive role are:
Make Land Available for Business Expansion Implement Targeted Recruitment Strategy Re- define Relationships with Neighbors Support Start -up Opportunities Integrate Latino Conummity
Once the lead organizations for the other CEDP Strategies submit their work plans for 2014, the CONSULTANT board will determine the appropriate tactics for the organization in its role as collaborator or supporter. This collaborative / supportive " work plan" will be submitted to the CITY in the form of a letter or memo. COMPENSATION
Subject to the limitations set forth in this Exhibit, the CITY will pay CONSULTANT a flat fee of $35, 000 ( "Contract price ") for CONSULTANT' s services, including expenses, under this Contract.
The CITY will make periodic payment to CONSULTANT, in the following manner:
a) $ 17. 500.00 upon the signing of this Professional Service Agreement by all parties, the receipt of the NDDC Action Plan as indicated in Exhibit 1 and after January 1, 2014.
b) $ 17, 500.00 upon completion of its mid -year report in July
The CITY' s responsibility to make the payments described above shall be contingent upon CONSULTANT first demonstrating, to the CITY' s satisfaction, progress in 1. Accomplishing its responsibilities listed in Exhibit 1; 2. Improving cooperation and collaboration with die CITY and the CITY' s Economic Development Authority and all its partnering organizations; and 3. Providing written and verbal reports in on such progress to the CITY, in a form satisfactory to the CITY, prior to the second disbursement outlined above. Attachment 2
P. O. Box 55 - 105 Fourth Street East, Suite 110, Northfield, MN 55057 507.663.0319 – www.nddc.org
July 29, 2014
Mayor and Councilors City of Northfield 801 Washington Street Northfield, MN 55057
Dear Mayor and Councilors:
On behalf of the Board of Directors of the Northfield Downtown Development Corporation (NDDC), it is my pleasure to present to you a report on our accomplishments for the first six months of 2014.
The NDDC has been implementing the Main Street Program in downtown Northfield for almost fifteen years. This comprehensive Four Point approach recognizes the varied stakeholders of community vibrancy and the diverse sources of economic vitality. Through the Program, the NDDC works to generate investment in the downtown. We believe that making incremental additional investment in strongly performing assets is the best strategy for Northfield’s economic development.
Highlighting the NDDC’s work in the Four Points, in Organizing we focused on transportation enhancements and flood mitigations, in Promoting, in addition to our own events and promotions (particularly collaborations with the colleges), we supported others through sharing infrastructure and process knowledge and social media, in Designing we worked for safe transportation for all modes and brought together disparate stakeholders for face-to-face discussions, and in Economic Restructuring, we sought to leverage additional economic activity from existing community assets, both private and public, through collaborations with a variety of partners, both cultural and economic.
In this Fourth Point, Economic Restructuring, we are eager for direction from the City Council and support from the Economic Development Authority. After all, we’re working together for a vibrant and vital downtown Northfield…because great downtowns don’t just happen.
Sincerely yours,
Ross Currier Executive Director
Northfield Downtown Development Corp. 2014 Board of Directors Angela Busch, Betsey Buckheit, Dave Neuger, Greg Heymans, Greg Kneser, Jeff Johnson, Jerry Bilek, Joe Hargis, Mark Quinnell, Mary Closner, Robert & Nicole Stai, Steve Schmidt, Todd Byhre
~ Great downtowns don’t just happen ~ Attachment 3
NDDC Contract with the Northfield City Council Mid-Year Report to the Council Prepared 07.27.14
Each year under its contract with the City of Northfield, the NDDC takes the lead on a group of Strategies from the Comprehensive Economic Development Plan. This year the NDDC provided leadership on the following Strategies: 1. Maintain and Enhance the Existing Downtown 2. Increase Connections with Current and Former Students 3. Continue to Engage the Leadership of the Colleges 4. Leverage Existing Fiber Network
For the first half of this year, the NDDC accomplishments in these areas include:
1. Maintain and Enhance the Existing Downtown
- Improving public parking in downtown district, including distribution of annual parking letter and map (highlighting goals and regulations), support of the City’s implantation of short-term parking spaces, meetings with City Councilors and City staff, and promoted public forums on parking and related transportation topics such multi-modal approaches to the parking issue
- Improving the safety in crossing Highway 3, including working with City councilors and City staff, participating in discussions with a wide variety of formal and informal groups, and promoted public forums seeking multi-site modifications and incremental investment throughout the corridor
- Improving multi-modal access to downtown through work with a diversity of groups and individuals on multi-modal initiatives and projects directed at transportation challenges, including high-volume bike racks, high-volume parking locations, and high-volume seating, from the downtown district to regional connections to the Twin Cities and Rochester
2. Increase Connections with Current and Former Students
- Working with Carleton and St. Olaf colleges students (and college staff) on projects relating to community issues, ranging from arts and culture event promotion and impact and local and regional flood mitigation, to build connections with potential future residents/entrepreneurs, leverage this renewable resource of energy, enthusiasm, ideas and talents, and strengthen ties with two of the most powerful economic drivers in Northfield
- Implementing cumulative college student work on flood mitigation by securing Department of Natural Resources support for a study and plan for flood mitigation in two local watersheds through regional collaboration with Bridgewater Township, including college, community and City involvement Attachment 3
3. Continue to Engage the Leadership of the Colleges
- Working with Carleton and St. Olaf College leadership on communication and collaboration on Commencement and Reunion events, including distribution of information and materials on campuses and to businesses, in order to increase economic benefits of these college events within the Northfield community through increasing community reach to college families and alums
- Building on cumulative college students ‘ work on the two colleges’ physical connections (within a transportation context) to the downtown to engage college leadership in specific issues of community infrastructure, including safety at intersections, safety in key corridors, and mapping of modes of transportation
4. Leverage Existing Economic Infrastructure
- Supporting community’s arts and culture programmers, organizations and individuals, for-profit and non-profit, particularly sharing information, specifically knowledge and experience, on programming infrastructure and process and promoting, both independently and collaboratively, events through traditional and emerging media on both established annual events and emerging events
- Engaging community and college leadership through community-driven processes and college-student driven explorations including projects on increasing positive social and economic impact of arts and culture programming through increasing leverage from partnerships, processes and infrastructure
- Initiating, supporting, and participating in broad-stakeholder and multi-modal City and community processes to produce studies, analyses, and plans to achieve local accessibility, regional connectivity, and sustainable operational maintenance throughout the Northfield regional transportation network
Attachment 4
Date: July 27th, 2014 To: Northfield City Council From: Northfield Downtown Development Corporation Regarding: Quantification of Selected Activities for 1st Half of 2014
Continued to work for enhance public parking in the Downtown District o Conducted over a dozen gatherings of different stakeholder groups, including promoted public forums and face-to-face meeting with City councilors and City staff, attended by almost 75 unique participants; distributed almost 200 annual letters and maps on parking goals and regulations to business owners
Provided information and materials for businesses regarding the Four Big College Weekends (Commencement and Reunion at both colleges) and the 2013 Vintage Band Festival to downtown businesses o Distributed 194 letters, 260 signs, 2,400 Downtown Directories; almost 30,000 visitors
Programmed the 9th Annual Taste of Northfield o 150 volunteers, 300% increase in both family-oriented activities and family- friendly performers; over 5,000 visitors to downtown Northfield
Updated and distributed the 11th year of the Downtown Directory o Almost 3,000 Downtown Directories already distributed in 2014; partners included downtown retailers, Carleton and St. Olaf Colleges, and Riverwalk Market Fair
Continued 9th Year of NDDC.org, 4th Year of facebook/downtownnorthfieldmn o Average 500 views per week on website; range of 2,000 to 10,000 views per week on facebook; last month we reached 29,000 people in the United States
Continued the Alumni Recruitment Project for the 3rd year o Displayed recruitment posters at Commencement and Reunion Weekends at both colleges, over 15,000 visitors to town
Continued the College Student Engagement Project o At the completion of the second year of the program, we have completed 23 projects (currently working on the 24th),involving 58 students (and an equal or greater number of current and retired staff members) representing both colleges Attachment 5
Northfield Downtown D. C. 2013-2014 College-Community Collaboration Projects Prepared June 6th, 2014 Revised July 29, 2014
The second year of the NDDC’s College-Community Collaboration Projects was as successful as the first. Nine student projects involving community issues were completed during the 2013- 2014 academic year; a tenth project by a Carleton Intern is taking place this Summer.
The NDDC’s CCCPs grew out of a recommendation of the organization’s College-Community Collaboration Committee. The strategy is to have Carleton and St. Olaf College alums consider Northfield for relocation of their families and businesses. The tactic is to give them a meaningful community experience while they are undergraduates.
These projects are iterative and value is cumulative. Each successive project addresses a broad community issue, adding to the information and/or data available to the colleges, community and City of Northfield and increasing the breadth of participation in identifying potential solutions.
St. Olaf Arts Infrastructure Project: A group of St. Olaf marketing students inventoried Northfield’s arts programming and performance venues, both at the colleges and in the community, with the goal of increasing the community economic leverage from its arts assets. The students recommended building a new performance facility to be shared by both colleges and the community to raise visibility of Northfield’s arts assets throughout the region.
St. Olaf Safe Crossing Project: A group of St. Olaf computer science students tracked student travel from campus to downtown. They found that the route was largely dependent on mode of transportation and, more importantly, that pedestrians were often distracted when crossing. The students recommended enhancing the 2nd Street crossing of Highway 3 for increase pedestrian safety.
Carleton Flood Mitigation Project #1: A group of Carleton geology students evaluated a potential flood water retention pond located in the southwest portion of the Carleton Arboretum. They determined that in the case of a 100-year flood, the proposed holding pond would overflow in less than five minutes.
Carleton Flood Mitigation Project #2: A group of Carleton geology students evaluated a series of potential flood water retention ponds located in the Lyman Lakes area of the Spring Creek Watershed. They determined that in the case of a 100-year flood, the proposed holding ponds would overflow in just over five minutes.
Carleton Flood Mitigation Project #3: A group of Carleton geology students evaluated a potential flood water retention pond by using the old Waterford Mill Dam to create a temporary holding area in the northwest portion of the Carleton Arboretum. They determined that even an area that size could not retain a 100-year flood for the required fifty minutes.
Carleton Ames Mill Dam Project: A group of Carleton ecology students conducted a series of focus groups regarding community perspectives on the dam. The students found a dramatically Attachment 5 declining interest in preserving the dam among younger community members and an increasing recognition that the removal of the dam could have positive impacts on the natural and built environments.
Carleton Flood History Project: A group of Carleton ecology students studied several decades of extreme flood events. They found a perception of increased occurrence of extreme events and a perception of increased damage from these events, as well as an increase in openness to new information and new techniques regarding stormwater management.
St. Olaf Property Economics Project: A group of St. Olaf business students studied operating data from ten commercial properties in downtown Northfield. The noticed emerging patterns in specific areas of costs but determined to gather data from additional properties when they return this fall.
St. Olaf Arts Marketing Project: A group of St. Olaf marketing students studied both college and community arts programming, looking for strategies and tactics to increase Northfield’s share of the regional market. They recommended the use of social media to reach baby boomers and an expansion of live music festivals to increase attraction of new boomers.
Carleton Intern Project: A Carleton College Summer Intern is studying the social and economic impact of community events. Working with college and community members, the Intern developed a survey which is being used at three community events this Summer: Cannon River Roots Festival, Vintage Band Mini-Festival, and the Outlaw Run. Attachment 6
NDDC Reporting to the City Council Status Report of Organizational Activities Prepared July 28th, 2014
Main Street Program
The NDDC’s founders based the organization on the National Trust for Historic Preservation’s Main Street Program. Our work plans and reports are based on the Program’s Four Points:
Organizing: building partnerships among community stakeholders to develop effective, on-going management and advocacy for downtown. Stakeholders include, among others, building and business owners, the City of Northfield, the City Council, the NHS, the NAG, the EDA, the CVB, the NEC, and the two colleges.
Promoting: creating a positive image through advertising, retail promotions, special events, and marketing campaigns to help sell Downtown Northfield and its distinctive characteristics, business establishments, and activities, to shoppers, investors, potential business and property owners, and visitors.
Designing: preserving, improving, and adapting downtown’s physical environment for an accessible, inviting place to work, shop, live, and gather. Designing encompasses all downtown’s physical elements, private and public and includes good maintenance and enhancement through incremental additional investment.
Economic Restructuring: strengthening existing economic assets while diversifying the economic based by retaining and expanding successful businesses, attracting new businesses the market can support, building a downtown that meets the needs of today’s consumers, and making incremental additional investments in one Northfield’s most strongly performing economic assets, home to 800 jobs and 72 percent of our businesses.
The NDDC is an associate member of the Minnesota Main Street program. Our draft budget for 2015 anticipates the time, work, and cost of becoming a full member.
Recent Accomplishments
Organizing: Explored potential merger with Chamber of Commerce, collaborating with a variety of community organization including the Northfield Historical Society and Northfield Arts Guild, as well as Carleton and St. Olaf Colleges
Promoting: Leveraged economic activity from Commencement and Reunion Weekends at both Carleton and St. Olaf Colleges; Produced Taste of Northfield
Designing: Engaged private and public interests to identify implementable enhancement of public parking supply in the downtown district Attachment 6
Restructuring: Advocated for incremental additional investment in one of Northfield’s greatest economic drivers: the downtown
Current Activities
Organizing: Working to increase communication with and advocacy for downtown building owners on key issues such as transportation and flooding
Promoting: Supporting the Vintage Band Festival, Outlaw Run, Bridge Chamber Music Festival, Defeat of Jesse James Days, and conducting the annual Welcome Students Campaign
Designing: Advocating for a safer crossing of Highway 3 at 3rd Street with multi-location and multi-modal concepts; working with local, regional and state partners on flood mitigation
Restructuring: Raising awareness of downtown’s economic impact on Northfield, and supporting the EDA’s implementation of the Comprehensive Economic Development Plan.
Future Plans
Organizing: Pursue increased private-public partnership for investment in downtown infrastructure through exploring a Special Services District
Promoting: Partner with the CVB on a stakeholder-driven community forum on increasing economic leverage from Northfield’s visitor-attracting assets
Designing: Support the Mayor’s project to increase ADA accessibility to the Cannon River on the former Fink property
Restructuring: Follow up with the Economic Development Authority on pursuing shared goals for business retention, expansion, and recruitment and promoting EDA’s portfolio of Northfield- wide real estate opportunities
CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Jasper Kruggel, GIS & Engineering Technician
Subject: Accept Bids and Award Contract - East Cannon River Wall Repair Project
Action Requested: The City Council approves Resolution 2014-084 accepting the bids and awarding the contract for the East Cannon River Wall Repair Project (STRM2014-K02) to S.M. Hentges & Sons, Inc.
Summary Report: The bid opening for the East Cannon River Wall Repair Project (STRM2014-K02) took place on July 24th, 2014 at 2:00 PM. The low apparent bid came from S.M. Hentges & Sons, Inc. at $140,600.00. This bid came in below the engineer’s estimate of $141,287.00.
Staff recommends accepting this bid and starting work on the East Cannon River Wall Repair Project.
Financial Funding for this project will come from the Storm Water fund.
Timeline A pre-construction meeting will be scheduled to determine a start date for the repairs. Once a start date is set, and construction begins, the contractor will have 90 days to complete the work.
Attachments: 1. Resolution 2014-084 2. Project Memorandum 3. Bid Tab 4. S.M. Hentges & Sons, Inc. Bid 5. BARR Engineering Recommendation 6. Project Map
CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2014-084 EAST RIVER WALL REPAIR PROJECT ACCEPTING BIDS AND AWARDING THE CONTRACT FOR EAST RIVER WALL REPAIR PROJECT STRM2014-K02
WHEREAS, pursuant to an advertisement for bids for STRM2014-K02, East River Wall Repair Project, bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement:
Contractor Total Bid S.M. Hentges & Sons, Inc. $140,600.00 Healey Construction Co. $259,550.00 Lametti & Sons, Inc. $364,700.00
AND WHEREAS, it appears that S.M. Hentges & Sons, Inc. of Jordan, Minnesota is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF NORTHFIELD, MINNESOTA: 1. The bid of S.M. Hentges & Sons, Inc. of Jordan, Minnesota, in the amount of $140,600.00 for the said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 2. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc of Jordan, Minnesota in the name of the City of Northfield for the construction of STRM2014-K02, East River Wall Repair Project, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed.
PASSED by the Mayor and City Council of the City of Northfield this 5th day of August 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL
Memorandum
To: Joseph L. Stapf, P.E., City of Northfield From: Adéle L. Braun, P.E. Subject: Selected Option Study for Cannon River East River Wall Repairs Date: April 07, 2014 Project: Cannon River East River Wall Design Repairs c: Jasper Kruggel, City of Northfield
Barr Engineering Co. (Barr) has completed the options study for the Cannon River East River Wall Design Repairs for your review. During this study, several options were evaluated using the following criteria: (1) will the repair correct the undermining deficiency, (2) will the repair reduce the risk of future repairs due to scour, and (3) does the repair address movement of the brick façade. After evaluation of the options, Barr recommends the City proceed with stabilizing the undermined portion of the wall and monitoring.
Understanding of Deficiencies Barr’s understands that there is one known deficiency with the existing wall, the undermining of the retaining wall foundation, and one potential deficiency, movement of the brick façade requiring repair or replacement. Barr has placed higher priority on the undermining deficiency and developed the options accordingly.
Recommended Option – Stabilize Undermined Portion As shown in Figure 1, stabilizing the undermined portion of the wall includes the removal of unsound concrete and bedrock near the toe of the retaining wall and modification to the existing toe by filling the void under the existing toe with new reinforced concrete. The new concrete will be placed riverward of the existing toe a minimum of twelve inches and will fill the void below the existing wall. Reinforcement will tie the new concrete into the existing concrete foundation. While this option is the least expensive alternative, with a mid-point cost estimate of $140,000, that corrects the known deficiency at the site, this option does not address the potential movement of the façade so Barr recommends initiating a monitoring plan to investigate if the façade is moving. If the façade is found to be moving, this option results in the risk of requiring a second construction contract.
To: Joseph L. Stapf, P.E., City of Northfield From: Adéle L. Braun, P.E. Subject: Selected Option Study for Cannon River East River Wall Repairs Date: April 07, 2014 Page: 2
Figure 1: Option 1 – Stabilize Undermined Portion
Cost Discussion An order of magnitude cost estimate was developed during the options study. Costs shown in Table 1 were used to compare alternatives and should not be used for budgeting purposes. The costs were developed by escalating the costs from the 2008 Cannon River wall repair and from other similar projects. This concept-level cost estimate is based on concept-level designs, quantities, and unit prices. Costs will change with future design. Time value-of-money escalation costs are not included. The estimated accuracy range for the Total Project Cost as the project is defined is -20% to +30%. The accuracy range is based on professional judgment considering the level of design completed, the complexity of the project, and the uncertainties in in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance, Engineering, and Construction Administration costs are not included.
Table 1 – Opinions Study Construction Cost Estimate Summary
Concept-Level Cost Estimate Low Range Mid-Range High Range -20% Estimate +30%
Option 1 – Stabilize Undermined Portion $110,000 $140,000 $180,000
P:\Mpls\23 MN\66\23661030 City of Northfield Cannon Rive\WorkFiles\02_Alternatives\memo\Selected Option 07April2014.docx To: Joseph L. Stapf, P.E., City of Northfield From: Adéle L. Braun, P.E. Subject: Selected Option Study for Cannon River East River Wall Repairs Date: April 07, 2014 Page: 3
Recommendation Barr recommends proceeding with stabilizing the undermined portion of the wall and monitoring. This option will correct the primary deficiency at the site by stabilizing the undermined portion of the wall. Because the movement of the façade has not been confirmed, it may be prudent to monitor the wall first and then replace the façade only if movement has been detected. If the façade is found to be moving, the cost that the City will double pay on will be the cost to mobilize construction equipment and erect the cofferdam and dewatering system, which has been estimated to cost in the range of $50,000. Barr also recommends that the City monitor the movement of the façade during the removal of the balcony and during the wall repairs.
I hereby certify that the information contained in this memorandum was prepared by me or under my direct supervision and that I am a duly registered professional engineer in the State of Minnesota.
Sincerely,
Adéle L. Braun, PE MN PE No. 49586 Project Manager 952-842-3703
P:\Mpls\23 MN\66\23661030 City of Northfield Cannon Rive\WorkFiles\02_Alternatives\memo\Selected Option 07April2014.docx 7/24/2014 Northfield Project Bid Summary
Project Name: East River Wall Rehabilitation Contract No.: Client: City Of Northfield Project No.: STRM2014‐K02 Bid Opening: 7/24/2014 14:00 Owner: City Of Northfield Engineering
Vendor Number Business Name Total Bid Amount Percent Over/Under Estimate Engineers Estimate $141,287.00
29 S.M. Hentges & Sons, Inc. $140,600.00 0.49% UNDER ESTIMATE 14 Healy Construction Co. $259,550.00 83.70% OVER ESTIMATE 40 Lametti & Sons, Inc. $364,700.00 158.13% OVER ESTIMATE
Memorandum
To: Joseph L. Stapf, City of Northfield From: Adéle L. Braun, Barr Engineering Company Subject: Bid Review Cannon River East River Wall Date: July 30, 2014 Project: Cannon River East River Wall Design Repairs c: Jasper Kruggel, City of Northfield
Barr Engineering Co. (Barr) has reviewed Bids submitted for the Cannon River East River Wall Rehabilitation Project (Project) in Northfield, MN. This memorandum summarizes our review of the bids.
Bid Review Three bids submitted for the Project include:
Healy Construction Co. at $259.550 S.M. Hentges & Sons, Inc. at $140,600 Lametti & Sons, Inc at $364,700
Barr’s scope of review included reviewing the Bid Form submitted by each Bidder; however, our review did not include reviewing the Bid security. Our review did not reveal any omissions or mathematical errors made by the Bidders. Therefore we conclude that S.M. Hentges & Sons Inc. is the lowest bidder.
Recommendation After reviewing the bids and comparing them to the engineer’s estimate of probably cost, it is our professional option that the bids are reasonable, and we recommend that the lowest bid be accepted.
Sincerely,
Adéle L. Braun, PE Project Manager 952-842-3703
WATER ST S
RIVER WALLBRIDGE SQ REPAIR 250' SECTION 250' River Wall Section to be Repaired
DIVISION ST S WATER 50ST S 25 0 50 Feet Updated: 11/25/2013 CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: City Councilmember Suzie Nakasian
Subject: Bicycle Friendly Community Application
Action Requested: The Northfield City Council authorizes an application to become a Bicycle Friendly Community.
Summary Report: The League of American Bicyclists hosts a program called The Bicycle Friendly Community Program. The Bicycle Friendly Community program provides a roadmap to improve conditions for bicycling and guidance to make the distinct vision for a better, bikeable community a reality.
Applying for this program is the first step in organizing community resources to better design and implement programs that make biking easier and safer in Northfield. There are five levels of program participation, each of which has certain criteria for successful participation (Attachment 1).
After the application is submitted, the League of American Bicyclists will provide feedback as to how we can become part of the program. We may be welcomed in at a bronze level if we meet all the criteria, or they may suggest tasks community groups can perform to elevate our status.
There are numerous local groups that are in support of this application. Those include BikeNorthfield, Cannon River Offroad Cycling & Trails, Rice County Statewide Health Improvement Program, Friends of the Mill Towns Trail, The Greater Northfield Sustainability Collaborative, Transitions Youth Group, and Carleton College.
Financial There is no fee to apply for this Bicycle Friendly Community Program.
Attachments: 1. Bike Friendly Community Infographic
THE BUILDING BLOCKS OF A produced by BICYCLE FRIENDLY COMMUNITY WWW.BIKELEAGUE.ORG KEY OUTCO Designed by Language Dept. SETTING THE STANDARD MAKING PROGRESS GETTING STARTED MES G ERIN RIDERSHIP CRASHES NE ople commuting per 10k daily FATALI GI EETS pe c p TIES EV N IAL STR by bicycle ommuter er 10k AL E RK RTER ES c dail U ETWO A IKE LAN ommu y AT LE N OAD ITH B ter 1 IO ICYC AL R W BIKE N L B TOT PRO OTA TO EAGE 90% STAF GR T AGE MIL F PE AM ILE RK RS TO M TWO ON SS NE 50 C BIK CE 20% UR E C 70% 0.2 R P L E A LIC N ENT AN BIK UB TIO IMP AN IS P RTA LE D PO 10K ME BE NS NT IN & A ED G Y S TR per citizens AR OL excellent IM HO G AC PR SC IN TI F Y CL 78% SI VE O R CY yes GN B DA BI N AT IK % N G TIO U E CO IN A 90 RE CL N E R C 12% E U U S FE D 45% 0.5 V BS O E E I OF N & T TS A G 80% 20K C IN G very good B R N citizens IK U E LI per T E E D FF C O M N O Y ES W O E L IC S yes O N C A B S 65% R T O U T LA K H N L C E & U N U V D S E B A A L 100 N I R IL 5.5% K F K monthly 43% 0.6 T E A O S 60% S G 32K E very good excellent M A N per citizens D A E IO V C T IS T N A yes O IV C H R E T U C quarterly Y D B E A C I E O C C R 50% 45% Y I T M C L U M L B 180 O excellent 3.5% 1.4 excellent I E U T P 30% yes T 70K E E at least two good / per citizens S W S A E excellent yes A L C D T A V Y very good yes L O A L P 43% N D C C N A T N I E C I E V I S Y very good 33% E R E at least two M F C G - 26% 370 excellent 1.2% R N 4 E E yes O L A U C C N good I good P Y citizens R C D I R B very good O O 77K maybe F good 33% yes P F per yes A N A / very good R T C R E N one K I E N O S L E good C I S T R M & A I E E I some E V C L A S E R T
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DIAMOND PLATINUM GOLD SILVER BRONZE There’s no single route to becoming a Bicycle Friendly Community. In fact, the beauty of the BFC BICYCLE BICYCLE BICYCLE BICYCLE BICYCLE program is the recognition that no two communities are the same and each can capitalize on its own FRIENDLY FRIENDLY FRIENDLY FRIENDLY FRIENDLY COMMUNITY COMMUNITY COMMUNITY COMMUNITY COMMUNITY unique strengths to make biking better. But, over the past decade, we’ve pored through nearly 600 applications and identified the key benchmarks that define the BFC award levels. Here’s a glimpse at DIAMOND PLATINUM GOLD SILVER BRONZE the average performance of the BFCs in important categories, like ridership, safety and education. CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Brian Erickson, P.E. Assistant Public Works Director/Assistant City Engineer
Subject: Approve Maintenance for Bicycle Detector Pavement Marking at Second Street
Action Requested: The Northfield City Council approves Resolution 2014-085 authorizing the formal request to MnDOT to install and maintain bicycle detector pavement markings at the intersection of MN Trunk Highway 3 and Second Street.
Summary Report: MnDOT has been working with a local bicyclist to adjust the sensitivity of the vehicle detection loops at the intersection of MN Trunk Highway 3 and Second Street. This adjustment allows a bicyclist to activate the signals so they can cross the highway. At this point, both the eastbound and westbound loops have been adjusted by MnDOT. This adjustment allows a bicycle to activate the loop without adding to false triggers from vehicles in other lanes. As a result of these adjustments bicyclists can use the signals in the same manner as motorized traffic.
Previously some bicyclists would use the pedestrian signals to cross the highway. However, they were able to clear the intersection more quickly than a pedestrian thus leaving the signals in a longer stop condition for Trunk Highway 3 through traffic.
The Minnesota Manual for Uniform Traffic Control Devices (MMUTCD) contains both a roadway stencil and sign (Attachment 2) that can be used to denote the optimum position for a bicyclist to actuate the signal. The MnDOT District 6 Traffic Operations Engineer has proposed that the City of Northfield paint and maintain the pavement marking and that MnDOT would install and maintain the sign. Staff is recommending that this pavement marking be installed.
Alternative Options: Council may decide not to proceed with this request; however, the adjustments would remain in place for these detector loops.
Financial Impacts: The pavement marking would be an epoxy traffic marking paint and installation is anticipated to cost approximately $1,000 and maintenance will occur on an as needed basis, estimated to be every 3 – 5 years.
Timelines: Once approved, staff will coordinate with MnDOT to have the marking installed. It is anticipated this can be completed prior to the end of the summer.
Attachments: 1. Resolution 2014-085 2. Bicycle Detector Roadway Symbol and Sign CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2014-085 BICYCLE DETECTOR PAVEMENT MARKING MAINTENANCE
WHEREAS, the City of Northfield wishes to accommodate safe crossing of MN Trunk Highway 3 by bicycles at the intersection of Second Street; and,
WHEREAS, the MnDOT District 6’s Traffic Operations Engineer has been working local cyclists to establish a way to trigger the signals at MN Trunk Highway 3 and Second Street with the detector loops; and,
WHEREAS, the current testing has proven to be successful; and,
WHEREAS, the City of Northfield is requesting MnDOT approve the adding of Bicycle Detector Pavement Marking; and,
WHEREAS, if the requested pavement markings are approved, the City of Northfield acknowledges it is responsible for the installation and ongoing maintenance of those markings; and,
WHEREAS, the City of Northfield is also requesting the installation of R10-22 Bicycle Signal Actuation Signs by MnDOT.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF NORTHFIELD, MINNESOTA, that the City of Northfield formally requests the addition of the Bicycle Detector Pavement Markings and acknowledges it is responsible for the installation and maintenance of said markings.
PASSED by the Mayor and City Council of the City of Northfield this 5th day of August 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL
CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Approve Community Event License for Canvas Church (August 14, 2014)
Action Requested: The Northfield City Council approves the attached Community Event License Agreement with Canvas Church for their Back to School Carnival event in Sechler Park on August 14, 2014.
Summary Report: Canvas Church has applied for a community event permit for their Back to School Carnival event to be held at Sechler Park on August 14, 2014. The Back to School Carnival is a free event for the Northfield community. The activities include: Free back to school haircuts, giveaways, games, and prizes Carnival games; dunk tanks, bounce houses, face painting, and balloon animals Food including hot dogs, popcorn, cotton candy and snow cones Northfield Police & Fire vehicles
Alternative Options: The City Council could modify or deny the community event license agreement.
Financial Impacts: None.
Timelines: The event is scheduled for August 14, 2014.
Attachments: License Agreement List of 2014 Community Events Link to City Community Events Page: http://www.ci.northfield.mn.us/Index.aspx?NID=628 (Includes policy/related documents & public purpose expenditure information)
COMMUNITY EVENT LICENSE AGREEMENT BETWEEN THE CITY OF NORTHFIELD AND CANVAS CHURCH
This license agreement (the “Agreement”) is made this ___ day of ______, 2014, by and between the City of Northfield, a Minnesota municipal corporation (the “Licensor” or “City”), and Canvas Church, a Minnesota nonprofit corporation (“Licensee”), (collectively the “parties”).
WHEREAS, the Licensor is the owner of all parks, all City streets, public parking lots and public surroundings, which are located in the City of Northfield, County of Rice/Dakota, State of Minnesota; and
WHEREAS, the Licensee is a non-profit corporation registered with the Minnesota Secretary of State; and
WHEREAS, the Licensee desires to hold a Back to School Carnival (the “Event”) at Sechler Park; and
WHEREAS, the Licensor is willing to permit such use, subject to the City’s Community Events Policy and terms, covenants, and conditions contained herein.
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Premises: The Licensor is the owner of City parks, City streets and public parking lots in the City of Northfield (the “public areas”). The Licensee is hereby granted a terminable license to use Sechler Park (the “Licensed Premises”) to hold the Event according to the specifications, which are listed below in paragraph #3 and incorporated herein by reference. The Licensee shall use the specified public areas only for the scheduled events and purposes stated below (the “scheduled events”).
2. Term. The term of this Agreement for the Event shall be for a period commencing at 1:30 p.m. CDT on August 14, 2014, and ending at 10:00 p.m. CDT on August 14, 2014.
3. Purpose: The following scheduled events and activities are hereby approved by the City of Northfield for inclusion in the Event:
The Back to School Carnival is a free event for the Northfield community. The activities include: Giving away 200 pairs of Nike Tennis Shoes to the first 200 K-5th Grade students, free back to school haircuts, giveaways, games, and prizes Carnival games; two dunk tanks, three bounce houses, face painting, and balloon animals Food including hot dogs, popcorn, cotton candy and snow cones Northfield Police & Fire Vehicles
4. Permits and Compliance: The Licensee agrees to obtain the permits and pay the permit fees as may be required by the City and other applicable governing bodies. This Agreement does not exempt the Licensee or any participants or spectators from observing all ordinances and laws, especially those pertaining to noise and to the sale and consumption of intoxicating liquor or 3.2% malt beverages.
5. Portable Restrooms: The location of all portable restrooms shall be approved by the Public Works Department. The restrooms shall be properly maintained and serviced, as needed, throughout the entire Event.
6. Use of Licensed Premises: Subject to the other terms and provisions contained herein, the Licensee shall be permitted to use the Licensed Premises only for the limited purpose of operating the scheduled events for the term stated herein. Licensee accepts the Licensed Premises in an “as is” condition. Scheduled events may be canceled without notice to the Licensor, but no scheduled events may be added or changed to a time not listed on the attached Exhibit A without the Licensor’s consent following reasonable notice of the added or rescheduled event(s). During the term of this Agreement, the Licensee shall comply with all applicable laws, regulations, conditions, and covenants affecting the Licensed Premises, whether federal, state, local, or contractual, including but not limited to:
State electrical inspections
Licensee is required to comply with all terms and conditions of the City of Northfield’s Community Event Policy.
The Licensee shall not commit or allow to be committed any waste on, destruction of, or damage to, or nuisance on the Licensed Premises. Should the Licensee commit or allow to be committed any waste on or destruction to the Licensed Premises, the Licensee shall immediately restore the Licensed Premises to the original condition of the Licensed Premises at the inception of this Agreement, or, alternatively, pay to the Licensor the cost of restoring the Licensed Premises to the condition herein stated, payment to be made within 30 days from the date of written notice given by Licensor to the Licensee of the amount of such costs.
Licensee shall keep the Licensed Premises in a sanitary condition, remove all trash during and after the scheduled events, keep the Licensed Premises free from refuse, and provide adequate portable toilets as necessary. Licensee shall instruct all vendors about recycling requirements, oil disposal and grey water removal and shall provide receptacles for collection of recyclables and other systems as needed. No alterations are allowed to City property without prior approval of the City. Licensee shall instruct vendors to remove all items from the Licensed Premises on or before the end of the license term provided in this Agreement. Any items that remain on the Licensed Premises after the expiration of the term of this Agreement, will be removed by the City with the costs being charged to the Licensee.
Licensee is required to use permanent tent anchors for tents where available. Licensee is required to arrange for the detection of underground utility locations before digging or pounding anything into the ground. The Gopher State One Call service is free and can be
2 accessed at http://www.gopherstateonecall.org/ or by calling 1-800-252-1166 or 811. All costs shall be borne by the Licensee.
Licensee shall have a nonexclusive license to stage and license all scheduled events occurring on the Licensed Premises, including but not limited to the parks, streets, sidewalks, and boulevards within the Licensed Premises, during the scheduled events for the license term. Businesses that have obtained an outdoor sales and service permit within the Licensed Premises shall be allowed to operate in the space designated on the permit.
7. Licensor’s Access: The City, its employees, and its agents shall have the right to enter the Licensed Premises at all times for all reasonable purposes, including, without limitation, enforcing all applicable laws, regulations and/or ordinances, keeping the peace, and inspecting, cleaning, repairing, altering, or improving the Licensed Premises. Nothing in this Agreement shall be interpreted as requiring the City to perform any such acts independent of the requirements of the other provisions of this Agreement.
8. Assignment or Transfer of License: Licensee shall have no right to assign its interest in this Agreement without the prior written consent of Licensor. The Licensee, however, may license and sublet portions of the Licensed Premises to licensees, vendors and participants in the scheduled events, provided that the substance of this Agreement is carried forward into any agreements with licensees and vendors.
9. Costs: Licensee shall reimburse the City $65.00 for expenses the City expects to incur to facilitate the Event. Licensee requests $0 for in kind grant support.
10. Police And Fire Protection: The City shall provide police and fire protection. The cost for additional police and fire protection for any scheduled events shall be borne by Licensee pursuant to Section 9 above. Notwithstanding Section 9, Licensee shall pay the City for any additional unanticipated or emergency costs and expenses above the amount stated in Section 9 incurred by the City in providing police and fire protection associated with the scheduled events.
11. Traffic and Crowd Control: The Licensee shall be responsible for establishing an adequate traffic and crowd control system. This system must be coordinated with and approved by the Police and Fire Departments. Every effort must be made by the Licensee to prevent parking in prohibited areas.
12. Carnival Games: All games in the carnival area must be games of skill rather than games of chance as defined by Minnesota statutes.
13. Removal of Equipment, Tents and Portable Restrooms: Equipment, tents and portable restrooms shall be removed at the close of the Event. The Licensee shall clean the Licensed Premises at the close of the event.
14. Cost of Electricity: The Licensee will be responsible for paying for the costs of electricity used in conjunction with the Event.
3 15. Insurance: The Licensee shall at their expense maintain insurance as provided below and shall deliver to the City a certificate of insurance evidencing such coverage at least 45 days prior to the event. Certificates shall name the City of Northfield as an additional insured.
Licensee shall require that all vendors and operators are covered by general liability coverage and that the Licensor has been named as an additional insured. Licensee is responsible to ensure that no vendor or operator shall be allowed to set-up operations until the Licensee has verified that the vendor or operator has the required general liability insurance coverage or is otherwise covered by Licensee’s commercial general liability policy.
Licensee shall maintain a commercial general liability insurance policy with limits of at least:
Class III - High risk/exposure: Insurance coverage amounts of at least $2,000,000/occurrence and $4,000,000/aggregate, or the limits of the event sponsor/licensee policy, whichever is greater.
All scheduled events proposed by the Event sponsor/Licensee shall be covered events. Licensee shall specifically ensure that Licensee's liability insurance covers claims related to all of the activities and scheduled events that are part of the Event. If any scheduled event or activity is not fully covered and/or excluded by a vendor and/or participant’s insurance policy, the Licensee must provide insurance for the scheduled event or activity at limits greater or equal to those required by the City. In addition, the Licensee will indemnify and hold harmless the City for any and all scheduled events and activities.
16. Indemnification: Licensee shall indemnify, protect, save, hold harmless and insure the City, and its respective officers, directors, employees, volunteers, members and agents, from and against any and all claims and demands for, or litigation with respect to, all damages, including attorneys' fees, which may arise out of or be caused by Licensee or its agents, employees, contractors, subcontractors, vendors, licensees, participants or volunteers or with respect to Licensee’s use or operation of the Licensed Premises. Licensee shall defend the City against the foregoing, or litigation in connection with the foregoing, at Licensee’s expense, with counsel reasonably acceptable to the City. The City, at its expense, shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement, which approval shall not be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or other losses proximately caused by or resulting from the negligence or willful misconduct of the City. All indemnification obligations shall survive termination, expiration or cancellation of this Agreement.
This clause shall not be interpreted to release any vendor or operator from the requirement to provide insurance and certificates of insurance to the Licensee and/or City as provided above, before set-up of operations will be allowed. Licensee shall collect from all participants prior to each scheduled event liability waivers signed by the participants in: runs, walks, bike rides, parades, pedal tractor pull, car shows, rodeo, tractor pull, soap box derby, participants of the bank raid reenactments, and any other like scheduled events
4 occurring on City property. No one shall be allowed to participate in such scheduled events without signing a liability waiver in a form approved by the City.
17. Liquor Licensed Premises: No part of the Licensed Premises shall be used for the sale, service or consumption of alcoholic beverages.
18. Contact Information: The Licensee shall designate the contact persons responsible for the various areas and scheduled events and provide the City with the names and phone numbers of those contact persons for each scheduled event.
19. Termination of Agreement: If at any time Licensee breaches a material term of this Agreement, then this Agreement shall become null and void, at the option of the City, immediately upon the City’s provision of written notice of the same to Licensee.
20. General Provisions:
a. Voluntary and Knowing Action. The parties, by executing this Agreement, state that they have carefully read this Agreement and understand fully the contents thereof; that in executing this Agreement they voluntarily accept all terms described in this Agreement without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby.
b. Authorized Signatories. The parties each represent and warrant to the other that (1) the persons signing this Agreement are authorized signatories for the entities represented, and (2) no further approvals, actions or ratifications are needed for the full enforceability of this Agreement against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty.
c. Notices. The parties’ representatives for notification for all purposes other than as provided in section 19 are:
CITY:
Deborah Little City Clerk 801 Washington Street Northfield, MN 55057 Phone: 507-645-3001 Email: [email protected]
LICENSEE:
Rachel Vantries Canvas Church PO Box 14 Northfield, MN 55057 Phone: 651-528-9823
5 Email: [email protected] d. Modifications/Amendment. Any alterations, variations, modifications, amendments or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by authorized representative of the parties. e. No Partnership, Joint Venture, or Fiduciary Relationship. Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between the parties. f. Records—Availability and Retention. Pursuant to Minn. Stat. § 16C.05, subd. 5, Licensee agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Licensee and involve transactions relating to this Agreement. Licensee agrees to maintain these records for a period of six years from the date of termination of this Agreement. g. Force Majeure. The parties shall each be excused from performance under this Agreement while and to the extent that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, war, total or partial failure of transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, and any act of government or military authority. In the event either party is rendered unable wholly or in part by force majeure to carry out its obligations under this Agreement then the party affected by force majeure shall give written notice with explanation to the other party immediately. h. Compliance with Laws. Licensee and its licensees, vendors, employees, volunteers, operators and other participants in the Event shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, scheduled events, activities and staff for which Licensee is responsible. i. Governing Law. This Agreement shall be deemed to have been made and accepted in Rice County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Agreement without regard to its choice of law or conflict of laws principles. j. Data Practices. The parties acknowledge that this Agreement is subject to the requirements of Minnesota’s Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. k. No Waiver. Any party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that
6 right or of that party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party. l. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. m. Entire Agreement. These terms and conditions constitute the entire Agreement between the parties regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Agreement. n. Headings and Captions. Headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. o. Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any party or parties, and any undischarged obligations of the City and Licensee arising prior to the expiration of this Agreement (whether by completion or earlier termination), shall survive such expiration. p. Execution. This Agreement may be executed simultaneously in two or more counterparts that, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart. Facsimile and email transmissions of executed signature pages shall be deemed as originals and sufficient to bind the executing party.
[Signature page to follow]
7 IN WITNESS WHEREOF, the Parties have hereunto executed this document the day and year first above written.
By: Date: ______, Its ______
CITY OF NORTHFIELD
By: Date: Dana Graham, Its Mayor
By: Date: Deb Little, Its City Clerk
8 2014 Community Events List (Updated 7/31/2014)
Event/Organization Date Council Approvals In-kind Grant Support Budgeted $42,175 St Dominics 5K 5/3/2014 04/15/2014- approved $0 Northfield Montessori Fun Run Walk 5/17/2014 05/06/2014 – approved $0 Taste of Northfield – NDDC 5/29/2014 04/15/2014 – approved $1,756 St Olaf Reunion Weekend 5/30-31/2014 05/06/2014 – approved $0 Riverwalk Market Fair 6/7-10/25/2014 05/06/2014 – approved $1,652 Community Band Bridge Square 6/5, 12, 19 & 26/2014 05/20/2014 – approved $863 Theater in The Park – Northfield Arts Guild 6/6-8 & 12-14, 2014 05/20/2014 - approved $0 Coldwell Banker 30th Birthday Celebration 6/12/2014 05/20/2014 – approved $0 Northfield Wheels Exhibit – Northfield Historical 6/26/2014 05/20/2014 – approved $365 Society Y Kids Triathlon – YMCA 7/12/14 05/20/2014 – approved $365 Crazy Daze - Chamber of Commerce 7/24/2014 06/17/2014- approved $365 Cannon River Roots Festival- Northfield Arts Guild 7/26/2014 05/20/2014 - approved $680 Skateboard Coalition Outdoor Concert – Event 7/27/2014 06/17/2014 – approved $0 moved to Key 07/01/2014 - cancel Vintage Band Festival 8/02/2014 06/17/2014 - approved $1,035 Extreme Music Tour 8/06/2014 08/05/2014 – proposed $0 Canvas Church Community Carnival 8/14/2014 08/05/2014 – proposed $0 Masonic Lodge Sesquicentennial Celebration 8/14/2014 08/05/2014 – proposed $0 Outlaw Run - Northfield Historical Society 8/16/2014 06/03/2014 - approved $932 Defeat of Jesse James Days 9/3-7/2014 06/17/2014 - approved $33,225 Heavy Hitters Car Club Heels & Wheels – Cancel 9/20/2014 $0 Winter Walk- Chamber of Commerce * ? Proposed 08/4/2014 $365(estimated) TOTAL (estimated) $41,603 Estimated Dollars Remaining 572
*No application received
The 2014 budget included $42,175 for community events in kind grant support. A list of events and requests for in kind grant support are noted above. Costs are estimated for those events without developed license agreements. Staff will continue to refine the remaining costs and bring forward remaining requests for Council consideration in the next few weeks. CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Approve Community Event License for Extreme Tour (August 6, 2014)
Action Requested: The Northfield City Council approves the attached Community Event License Agreement with Extreme Music Tour for their music event on Bridge Square on August 6, 2014.
Summary Report: Shon Medin, on behalf of Extreme Tour has applied for a community event permit for the Extreme Music Tour event to be held on Bridge Square on August 6, 2014. The event will include live music performed on Bridge Square by different bands.
Alternative Options: The City Council could modify or deny the community event license agreement.
Financial Impacts: None.
Timelines: The event is scheduled for August 6, 2014.
Attachments: License Agreement List of 2014 Community Events Link to City Community Events Page: http://www.ci.northfield.mn.us/Index.aspx?NID=628 (Includes policy/related documents & public purpose expenditure information)
COMMUNITY EVENT LICENSE AGREEMENT BETWEEN THE CITY OF NORTHFIELD AND EXTREME TOUR
This license agreement (the “Agreement”) is made this ___ day of ______, 2014, by and between the City of Northfield, a Minnesota municipal corporation (the “Licensor” or “City”), and The Extreme Tour, a nonprofit corporation (“Licensee”), (collectively the “parties”).
WHEREAS, the Licensor is the owner of all parks, all City streets, public parking lots and public surroundings, which are located in the City of Northfield, County of Rice/Dakota, State of Minnesota; and
WHEREAS, the Licensee is a non-profit corporation registered with the State of Tennessee; and
WHEREAS, the Licensee desires to hold the Extreme Tour Music (the “Event”) at Bridge Square; and
WHEREAS, the Licensor is willing to permit such use, subject to the City’s Community Events Policy and terms, covenants, and conditions contained herein.
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Premises: The Licensor is the owner of City parks, City streets and public parking lots in the City of Northfield (the “public areas”). The Licensee is hereby granted a terminable license to use Bridge Square (the “Licensed Premises”) to hold the Event according to the specifications, which are listed below in paragraph #3 and incorporated herein by reference. The Licensee shall use the specified public areas only for the scheduled events and purposes stated below (the “scheduled events”).
2. Term. The term of this Agreement for the Event shall be for a period commencing at 2:00 p.m. CDT on August 6, 2014, and ending at 10:00 p.m. CDT on August 6, 2014.
3. Purpose: The following scheduled events and activities are hereby approved by the City of Northfield for inclusion in the Event:
Live music performed on Bridge Square by different bands. The music will begin at 4 pm and end at 9 pm.
4. Permits and Compliance: The Licensee agrees to obtain the permits and pay the permit fees as may be required by the City and other applicable governing bodies. This Agreement does not exempt the Licensee or any participants or spectators from observing all ordinances and laws, especially those pertaining to noise and to the sale and consumption of intoxicating liquor or 3.2% malt beverages.
5. Portable Restrooms: The location of all portable restrooms shall be approved by the Public Works Department. The restrooms shall be properly maintained and serviced, as needed, throughout the entire Event.
6. Use of Licensed Premises: Subject to the other terms and provisions contained herein, the Licensee shall be permitted to use the Licensed Premises only for the limited purpose of operating the scheduled events for the term stated herein. Licensee accepts the Licensed Premises in an “as is” condition. Scheduled events may be canceled without notice to the Licensor, but no scheduled events may be added or changed to a time not listed in paragraph 3 without the Licensor’s consent following reasonable notice of the added or rescheduled event(s). During the term of this Agreement, the Licensee shall comply with all applicable laws, regulations, conditions, and covenants affecting the Licensed Premises, whether federal, state, local, or contractual, including but not limited to:
State electrical inspections
Licensee is required to comply with all terms and conditions of the City of Northfield’s Community Event Policy.
The Licensee shall not commit or allow to be committed any waste on, destruction of, or damage to, or nuisance on the Licensed Premises. Should the Licensee commit or allow to be committed any waste on or destruction to the Licensed Premises, the Licensee shall immediately restore the Licensed Premises to the original condition of the Licensed Premises at the inception of this Agreement, or, alternatively, pay to the Licensor the cost of restoring the Licensed Premises to the condition herein stated, payment to be made within 30 days from the date of written notice given by Licensor to the Licensee of the amount of such costs.
Licensee shall keep the Licensed Premises in a sanitary condition, remove all trash during and after the scheduled events, keep the Licensed Premises free from refuse, and provide adequate portable toilets as necessary. Licensee shall instruct all vendors about recycling requirements, oil disposal and grey water removal and shall provide receptacles for collection of recyclables and other systems as needed. No alterations are allowed to City property without prior approval of the City. Licensee shall instruct vendors to remove all items from the Licensed Premises on or before the end of the license term provided in this Agreement. Any items that remain on the Licensed Premises after the expiration of the term of this Agreement, will be removed by the City with the costs being charged to the Licensee.
Licensee is required to use permanent tent anchors for tents where available. Licensee is required to arrange for the detection of underground utility locations before digging or pounding anything into the ground. The Gopher State One Call service is free and can be accessed at http://www.gopherstateonecall.org/ or by calling 1-800-252-1166 or 811. All costs shall be borne by the Licensee.
Licensee shall have a nonexclusive license to stage and license all scheduled events occurring on the Licensed Premises, including but not limited to the parks, streets, sidewalks, and boulevards within the Licensed Premises, during the scheduled events for the
2 license term. Businesses that have obtained an outdoor sales and service permit within the Licensed Premises shall be allowed to operate in the space designated on the permit.
7. Licensor’s Access: The City, its employees, and its agents shall have the right to enter the Licensed Premises at all times for all reasonable purposes, including, without limitation, enforcing all applicable laws, regulations and/or ordinances, keeping the peace, and inspecting, cleaning, repairing, altering, or improving the Licensed Premises. Nothing in this Agreement shall be interpreted as requiring the City to perform any such acts independent of the requirements of the other provisions of this Agreement.
8. Assignment or Transfer of License: Licensee shall have no right to assign its interest in this Agreement without the prior written consent of Licensor. The Licensee, however, may license and sublet portions of the Licensed Premises to licensees, vendors and participants in the scheduled events, provided that the substance of this Agreement is carried forward into any agreements with licensees and vendors.
9. Costs: Licensee shall reimburse the City $40.00 for expenses the City expects to incur to facilitate the Event. Licensee requests $0 for in kind grant support.
10. Police And Fire Protection: The City shall provide police and fire protection. The cost for additional police and fire protection for any scheduled events shall be borne by Licensee pursuant to Section 9 above. Notwithstanding Section 9, Licensee shall pay the City for any additional unanticipated or emergency costs and expenses above the amount stated in Section 9 incurred by the City in providing police and fire protection associated with the scheduled events.
11. Traffic and Crowd Control: The Licensee shall be responsible for establishing an adequate traffic and crowd control system. This system must be coordinated with and approved by the Police and Fire Departments. Every effort must be made by the Licensee to prevent parking in prohibited areas.
12. Removal of Equipment, Tents and Portable Restrooms: Equipment, tents and portable restrooms shall be removed at the close of the Event. The Licensee shall clean the Licensed Premises at the close of the event.
13. Cost of Electricity: The Licensee will be responsible for paying for the costs of electricity used in conjunction with the Event. This cost is included in paragraph #9.
14. Insurance: The Licensee shall at their expense maintain insurance as provided below and shall deliver to the City a certificate of insurance evidencing such coverage at least 45 days prior to the event. Certificates shall name the City of Northfield as an additional insured.
Licensee shall require that all vendors and operators are covered by general liability coverage and that the Licensor has been named as an additional insured. Licensee is responsible to ensure that no vendor or operator shall be allowed to set-up operations until the Licensee has verified that the vendor or operator has the required general liability insurance coverage or is otherwise covered by Licensee’s commercial general liability policy.
3
Licensee shall maintain a commercial general liability insurance policy with limits of at least:
Insurance coverage amounts of at least $1,000,000/occurrence and $3,000,000/aggregate, or the limits of the event sponsor/licensee policy, whichever is greater.
All scheduled events proposed by the Event sponsor/Licensee shall be covered events. Licensee shall specifically ensure that Licensee's liability insurance covers claims related to all of the activities and scheduled events that are part of the Event. If any scheduled event or activity is not fully covered and/or excluded by a vendor and/or participant’s insurance policy, the Licensee must provide insurance for the scheduled event or activity at limits greater or equal to those required by the City. In addition, the Licensee will indemnify and hold harmless the City for any and all scheduled events and activities.
15. Indemnification: Licensee shall indemnify, protect, save, hold harmless and insure the City, and its respective officers, directors, employees, volunteers, members and agents, from and against any and all claims and demands for, or litigation with respect to, all damages, including attorneys' fees, which may arise out of or be caused by Licensee or its agents, employees, contractors, subcontractors, vendors, licensees, participants or volunteers or with respect to Licensee’s use or operation of the Licensed Premises. Licensee shall defend the City against the foregoing, or litigation in connection with the foregoing, at Licensee’s expense, with counsel reasonably acceptable to the City. The City, at its expense, shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement, which approval shall not be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or other losses proximately caused by or resulting from the negligence or willful misconduct of the City. All indemnification obligations shall survive termination, expiration or cancellation of this Agreement.
This clause shall not be interpreted to release any vendor or operator from the requirement to provide insurance and certificates of insurance to the Licensee and/or City as provided above, before set-up of operations will be allowed. Licensee shall collect from all participants prior to each scheduled event liability waivers signed by the participants in: runs, walks, bike rides, parades, pedal tractor pull, car shows, rodeo, tractor pull, soap box derby, participants of the bank raid reenactments, and any other like scheduled events occurring on City property. No one shall be allowed to participate in such scheduled events without signing a liability waiver in a form approved by the City.
16. Liquor Licensed Premises: No part of the Licensed Premises shall be used for the sale, service or consumption of alcoholic beverages.
17. Contact Information: The Licensee shall designate the contact persons responsible for the various areas and scheduled events and provide the City with the names and phone numbers of those contact persons for each scheduled event.
4 18. Termination of Agreement: If at any time Licensee breaches a material term of this Agreement, then this Agreement shall become null and void, at the option of the City, immediately upon the City’s provision of written notice of the same to Licensee.
19. General Provisions:
a. Voluntary and Knowing Action. The parties, by executing this Agreement, state that they have carefully read this Agreement and understand fully the contents thereof; that in executing this Agreement they voluntarily accept all terms described in this Agreement without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby.
b. Authorized Signatories. The parties each represent and warrant to the other that (1) the persons signing this Agreement are authorized signatories for the entities represented, and (2) no further approvals, actions or ratifications are needed for the full enforceability of this Agreement against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty.
c. Notices. The parties’ representatives for notification for all purposes other than as provided in section 19 are:
CITY:
Deborah Little City Clerk 801 Washington Street Northfield, MN 55057 Phone: 507-645-3001 Email: [email protected]
LICENSEE:
Shon Medin The Extreme Tour 15374 LaTopp Court Nerstrand, MN 55053 Phone: 507-581-2382 Email: [email protected]
d. Modifications/Amendment. Any alterations, variations, modifications, amendments or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by authorized representative of the parties.
e. No Partnership, Joint Venture, or Fiduciary Relationship. Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between the parties.
5 f. Records—Availability and Retention. Pursuant to Minn. Stat. § 16C.05, subd. 5, Licensee agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Licensee and involve transactions relating to this Agreement. Licensee agrees to maintain these records for a period of six years from the date of termination of this Agreement. g. Force Majeure. The parties shall each be excused from performance under this Agreement while and to the extent that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, war, total or partial failure of transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, and any act of government or military authority. In the event either party is rendered unable wholly or in part by force majeure to carry out its obligations under this Agreement then the party affected by force majeure shall give written notice with explanation to the other party immediately. h. Compliance with Laws. Licensee and its licensees, vendors, employees, volunteers, operators and other participants in the Event shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, scheduled events, activities and staff for which Licensee is responsible. i. Governing Law. This Agreement shall be deemed to have been made and accepted in Rice County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Agreement without regard to its choice of law or conflict of laws principles. j. Data Practices. The parties acknowledge that this Agreement is subject to the requirements of Minnesota’s Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. k. No Waiver. Any party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party. l. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
6 m. Entire Agreement. These terms and conditions constitute the entire Agreement between the parties regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Agreement. n. Headings and Captions. Headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. o. Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any party or parties, and any undischarged obligations of the City and Licensee arising prior to the expiration of this Agreement (whether by completion or earlier termination), shall survive such expiration. p. Execution. This Agreement may be executed simultaneously in two or more counterparts that, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart. Facsimile and email transmissions of executed signature pages shall be deemed as originals and sufficient to bind the executing party.
[Signature page to follow]
7 IN WITNESS WHEREOF, the Parties have hereunto executed this document the day and year first above written.
By: Date: ______, Its ______
CITY OF NORTHFIELD
By: Date: Dana Graham, Its Mayor
By: Date: Deb Little, Its City Clerk
8 2014 Community Events List (Updated 7/31/2014)
Event/Organization Date Council Approvals In-kind Grant Support Budgeted $42,175 St Dominics 5K 5/3/2014 04/15/2014- approved $0 Northfield Montessori Fun Run Walk 5/17/2014 05/06/2014 – approved $0 Taste of Northfield – NDDC 5/29/2014 04/15/2014 – approved $1,756 St Olaf Reunion Weekend 5/30-31/2014 05/06/2014 – approved $0 Riverwalk Market Fair 6/7-10/25/2014 05/06/2014 – approved $1,652 Community Band Bridge Square 6/5, 12, 19 & 26/2014 05/20/2014 – approved $863 Theater in The Park – Northfield Arts Guild 6/6-8 & 12-14, 2014 05/20/2014 - approved $0 Coldwell Banker 30th Birthday Celebration 6/12/2014 05/20/2014 – approved $0 Northfield Wheels Exhibit – Northfield Historical 6/26/2014 05/20/2014 – approved $365 Society Y Kids Triathlon – YMCA 7/12/14 05/20/2014 – approved $365 Crazy Daze - Chamber of Commerce 7/24/2014 06/17/2014- approved $365 Cannon River Roots Festival- Northfield Arts Guild 7/26/2014 05/20/2014 - approved $680 Skateboard Coalition Outdoor Concert – Event 7/27/2014 06/17/2014 – approved $0 moved to Key 07/01/2014 - cancel Vintage Band Festival 8/02/2014 06/17/2014 - approved $1,035 Extreme Music Tour 8/06/2014 08/05/2014 – proposed $0 Canvas Church Community Carnival 8/14/2014 08/05/2014 – proposed $0 Masonic Lodge Sesquicentennial Celebration 8/14/2014 08/05/2014 – proposed $0 Outlaw Run - Northfield Historical Society 8/16/2014 06/03/2014 - approved $932 Defeat of Jesse James Days 9/3-7/2014 06/17/2014 - approved $33,225 Heavy Hitters Car Club Heels & Wheels – Cancel 9/20/2014 $0 Winter Walk- Chamber of Commerce * ? Proposed 08/4/2014 $365(estimated) TOTAL (estimated) $41,603 Estimated Dollars Remaining 572
*No application received
The 2014 budget included $42,175 for community events in kind grant support. A list of events and requests for in kind grant support are noted above. Costs are estimated for those events without developed license agreements. Staff will continue to refine the remaining costs and bring forward remaining requests for Council consideration in the next few weeks. CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Deb Little, City Clerk
Subject: Approve Community Event License for Northfield Masonic Social Lodge (August 14, 2014)
Action Requested: The Northfield City Council approves the attached Community Event License Agreement with Northfield Masonic Social Lodge #48 for their Sesquicentennial Celebration of Social Lodge #48 on August 14, 2014.
Summary Report: The Northfield Masonic Social Lodge has applied for a community event permit for their Sesquicentennial Celebration event to be held on Bridge Square on August 14, 2014. The event will include a performance by the Minnesota Shrine Bagpipe Band and a presenation of the history of Social Lodge #48. The Masonic Lodge will also be providing food.
Alternative Options: The City Council could modify or deny the community event license agreement.
Financial Impacts: None.
Timelines: The event is scheduled for August 14, 2014.
Attachments: License Agreement List of 2014 Community Events Link to City Community Events Page: http://www.ci.northfield.mn.us/Index.aspx?NID=628 (Includes policy/related documents & public purpose expenditure information)
COMMUNITY EVENT LICENSE AGREEMENT BETWEEN THE CITY OF NORTHFIELD AND NORTHFIELD MASONIC SOCIAL LODGE #48
This license agreement (the “Agreement”) is made this ___ day of ______, 2014, by and between the City of Northfield, a Minnesota municipal corporation (the “Licensor” or “City”), and Northfield Masonic Social Lodge #48, a Minnesota nonprofit corporation (“Licensee”), (collectively the “parties”).
WHEREAS, the Licensor is the owner of all parks, all City streets, public parking lots and public surroundings, which are located in the City of Northfield, County of Rice/Dakota, State of Minnesota; and
WHEREAS, the Licensee is a non-profit corporation registered with the Minnesota Secretary of State; and
WHEREAS, the Licensee desires to hold the Sesquicentennial Celebration of Social Lodge #48 (the “Event”) at Bridge Square; and
WHEREAS, the Licensor is willing to permit such use, subject to the City’s Community Events Policy and terms, covenants, and conditions contained herein.
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Premises: The Licensor is the owner of City parks, City streets and public parking lots in the City of Northfield (the “public areas”). The Licensee is hereby granted a terminable license to use Bridge Square (the “Licensed Premises”) to hold the Event according to the specifications, which are listed below in paragraph #3 and incorporated herein by reference. The Licensee shall use the specified public areas only for the scheduled events and purposes stated below (the “scheduled events”).
2. Term. The term of this Agreement for the Event shall be for a period commencing at 5:30 p.m. CDT on August 14, 2014, and ending at 9:00 p.m. CDT on August 14, 2014.
3. Purpose: The following scheduled events and activities are hereby approved by the City of Northfield for inclusion in the Event:
Live music performed on the Showmobile on Bridge Square by the Minnesota Shrine Bagpipe Band. Food vendor
4. Permits and Compliance: The Licensee agrees to obtain the permits and pay the permit fees as may be required by the City and other applicable governing bodies. This Agreement does not exempt the Licensee or any participants or spectators from observing all ordinances and laws, especially those pertaining to noise and to the sale and consumption of intoxicating liquor or 3.2% malt beverages.
5. Portable Restrooms: The location of all portable restrooms shall be approved by the Public Works Department. The restrooms shall be properly maintained and serviced, as needed, throughout the entire Event.
6. Use of Licensed Premises: Subject to the other terms and provisions contained herein, the Licensee shall be permitted to use the Licensed Premises only for the limited purpose of operating the scheduled events for the term stated herein. Licensee accepts the Licensed Premises in an “as is” condition. Scheduled events may be canceled without notice to the Licensor, but no scheduled events may be added or changed to a time not listed in paragraph 3 without the Licensor’s consent following reasonable notice of the added or rescheduled event(s). During the term of this Agreement, the Licensee shall comply with all applicable laws, regulations, conditions, and covenants affecting the Licensed Premises, whether federal, state, local, or contractual, including but not limited to:
State electrical inspections
Licensee is required to comply with all terms and conditions of the City of Northfield’s Community Event Policy.
The Licensee shall not commit or allow to be committed any waste on, destruction of, or damage to, or nuisance on the Licensed Premises. Should the Licensee commit or allow to be committed any waste on or destruction to the Licensed Premises, the Licensee shall immediately restore the Licensed Premises to the original condition of the Licensed Premises at the inception of this Agreement, or, alternatively, pay to the Licensor the cost of restoring the Licensed Premises to the condition herein stated, payment to be made within 30 days from the date of written notice given by Licensor to the Licensee of the amount of such costs.
Licensee shall keep the Licensed Premises in a sanitary condition, remove all trash during and after the scheduled events, keep the Licensed Premises free from refuse, and provide adequate portable toilets as necessary. Licensee shall instruct all vendors about recycling requirements, oil disposal and grey water removal and shall provide receptacles for collection of recyclables and other systems as needed. No alterations are allowed to City property without prior approval of the City. Licensee shall instruct vendors to remove all items from the Licensed Premises on or before the end of the license term provided in this Agreement. Any items that remain on the Licensed Premises after the expiration of the term of this Agreement, will be removed by the City with the costs being charged to the Licensee.
Licensee is required to use permanent tent anchors for tents where available. Licensee is required to arrange for the detection of underground utility locations before digging or pounding anything into the ground. The Gopher State One Call service is free and can be accessed at http://www.gopherstateonecall.org/ or by calling 1-800-252-1166 or 811. All costs shall be borne by the Licensee.
2 Licensee shall have a nonexclusive license to stage and license all scheduled events occurring on the Licensed Premises, including but not limited to the parks, streets, sidewalks, and boulevards within the Licensed Premises, during the scheduled events for the license term. Businesses that have obtained an outdoor sales and service permit within the Licensed Premises shall be allowed to operate in the space designated on the permit.
7. Licensor’s Access: The City, its employees, and its agents shall have the right to enter the Licensed Premises at all times for all reasonable purposes, including, without limitation, enforcing all applicable laws, regulations and/or ordinances, keeping the peace, and inspecting, cleaning, repairing, altering, or improving the Licensed Premises. Nothing in this Agreement shall be interpreted as requiring the City to perform any such acts independent of the requirements of the other provisions of this Agreement.
8. Assignment or Transfer of License: Licensee shall have no right to assign its interest in this Agreement without the prior written consent of Licensor. The Licensee, however, may license and sublet portions of the Licensed Premises to licensees, vendors and participants in the scheduled events, provided that the substance of this Agreement is carried forward into any agreements with licensees and vendors.
9. Costs: Licensee shall reimburse the City $464.00 for expenses the City expects to incur to facilitate the Event. Licensee requests $0 for in kind grant support.
10. Police And Fire Protection: The City shall provide police and fire protection. The cost for additional police and fire protection for any scheduled events shall be borne by Licensee pursuant to Section 9 above. Notwithstanding Section 9, Licensee shall pay the City for any additional unanticipated or emergency costs and expenses above the amount stated in Section 9 incurred by the City in providing police and fire protection associated with the scheduled events.
11. Traffic and Crowd Control: The Licensee shall be responsible for establishing an adequate traffic and crowd control system. This system must be coordinated with and approved by the Police and Fire Departments. Every effort must be made by the Licensee to prevent parking in prohibited areas.
12. Removal of Equipment, Tents and Portable Restrooms: Equipment, tents and portable restrooms shall be removed at the close of the Event. The Licensee shall clean the Licensed Premises at the close of the event.
13. Cost of Electricity: The Licensee will be responsible for paying for the costs of electricity used in conjunction with the Event. This cost is included in paragraph #9.
14. Insurance: The Licensee shall at their expense maintain insurance as provided below and shall deliver to the City a certificate of insurance evidencing such coverage at least 45 days prior to the event. Certificates shall name the City of Northfield as an additional insured.
Licensee shall require that all vendors and operators are covered by general liability coverage and that the Licensor has been named as an additional insured. Licensee is responsible to ensure that no vendor or operator shall be allowed to set-up operations until
3 the Licensee has verified that the vendor or operator has the required general liability insurance coverage or is otherwise covered by Licensee’s commercial general liability policy.
Licensee shall maintain a commercial general liability insurance policy with limits of at least:
Insurance coverage amounts of at least $1,000,000/occurrence and $3,000,000/aggregate, or the limits of the event sponsor/licensee policy, whichever is greater.
All scheduled events proposed by the Event sponsor/Licensee shall be covered events. Licensee shall specifically ensure that Licensee's liability insurance covers claims related to all of the activities and scheduled events that are part of the Event. If any scheduled event or activity is not fully covered and/or excluded by a vendor and/or participant’s insurance policy, the Licensee must provide insurance for the scheduled event or activity at limits greater or equal to those required by the City. In addition, the Licensee will indemnify and hold harmless the City for any and all scheduled events and activities.
15. Indemnification: Licensee shall indemnify, protect, save, hold harmless and insure the City, and its respective officers, directors, employees, volunteers, members and agents, from and against any and all claims and demands for, or litigation with respect to, all damages, including attorneys' fees, which may arise out of or be caused by Licensee or its agents, employees, contractors, subcontractors, vendors, licensees, participants or volunteers or with respect to Licensee’s use or operation of the Licensed Premises. Licensee shall defend the City against the foregoing, or litigation in connection with the foregoing, at Licensee’s expense, with counsel reasonably acceptable to the City. The City, at its expense, shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement, which approval shall not be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or other losses proximately caused by or resulting from the negligence or willful misconduct of the City. All indemnification obligations shall survive termination, expiration or cancellation of this Agreement.
This clause shall not be interpreted to release any vendor or operator from the requirement to provide insurance and certificates of insurance to the Licensee and/or City as provided above, before set-up of operations will be allowed. Licensee shall collect from all participants prior to each scheduled event liability waivers signed by the participants in: runs, walks, bike rides, parades, pedal tractor pull, car shows, rodeo, tractor pull, soap box derby, participants of the bank raid reenactments, and any other like scheduled events occurring on City property. No one shall be allowed to participate in such scheduled events without signing a liability waiver in a form approved by the City.
16. Liquor Licensed Premises: No part of the Licensed Premises shall be used for the sale, service or consumption of alcoholic beverages.
17. Contact Information: The Licensee shall designate the contact persons responsible for the various areas and scheduled events and provide the City with the names and phone numbers
4 of those contact persons for each scheduled event.
18. Termination of Agreement: If at any time Licensee breaches a material term of this Agreement, then this Agreement shall become null and void, at the option of the City, immediately upon the City’s provision of written notice of the same to Licensee.
19. General Provisions:
a. Voluntary and Knowing Action. The parties, by executing this Agreement, state that they have carefully read this Agreement and understand fully the contents thereof; that in executing this Agreement they voluntarily accept all terms described in this Agreement without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby.
b. Authorized Signatories. The parties each represent and warrant to the other that (1) the persons signing this Agreement are authorized signatories for the entities represented, and (2) no further approvals, actions or ratifications are needed for the full enforceability of this Agreement against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty.
c. Notices. The parties’ representatives for notification for all purposes other than as provided in section 19 are:
CITY:
Deborah Little City Clerk 801 Washington Street Northfield, MN 55057 Phone: 507-645-3001 Email: [email protected]
LICENSEE:
L. Franklin Lee Northfield Masonic Lodge 112 Linden Street S. Northfield, MN 55057 Phone: 507-663-7082 Email: [email protected]
d. Modifications/Amendment. Any alterations, variations, modifications, amendments or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by authorized representative of the parties.
5 e. No Partnership, Joint Venture, or Fiduciary Relationship. Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between the parties. f. Records—Availability and Retention. Pursuant to Minn. Stat. § 16C.05, subd. 5, Licensee agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Licensee and involve transactions relating to this Agreement. Licensee agrees to maintain these records for a period of six years from the date of termination of this Agreement. g. Force Majeure. The parties shall each be excused from performance under this Agreement while and to the extent that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, war, total or partial failure of transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, and any act of government or military authority. In the event either party is rendered unable wholly or in part by force majeure to carry out its obligations under this Agreement then the party affected by force majeure shall give written notice with explanation to the other party immediately. h. Compliance with Laws. Licensee and its licensees, vendors, employees, volunteers, operators and other participants in the Event shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, scheduled events, activities and staff for which Licensee is responsible. i. Governing Law. This Agreement shall be deemed to have been made and accepted in Rice County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Agreement without regard to its choice of law or conflict of laws principles. j. Data Practices. The parties acknowledge that this Agreement is subject to the requirements of Minnesota’s Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. k. No Waiver. Any party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party. l. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent
6 of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. m. Entire Agreement. These terms and conditions constitute the entire Agreement between the parties regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Agreement. n. Headings and Captions. Headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. o. Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any party or parties, and any undischarged obligations of the City and Licensee arising prior to the expiration of this Agreement (whether by completion or earlier termination), shall survive such expiration. p. Execution. This Agreement may be executed simultaneously in two or more counterparts that, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart. Facsimile and email transmissions of executed signature pages shall be deemed as originals and sufficient to bind the executing party.
[Signature page to follow]
7 IN WITNESS WHEREOF, the Parties have hereunto executed this document the day and year first above written.
By: Date: ______, Its ______
CITY OF NORTHFIELD
By: Date: Dana Graham, Its Mayor
By: Date: Deb Little, Its City Clerk
8 2014 Community Events List (Updated 7/31/2014)
Event/Organization Date Council Approvals In-kind Grant Support Budgeted $42,175 St Dominics 5K 5/3/2014 04/15/2014- approved $0 Northfield Montessori Fun Run Walk 5/17/2014 05/06/2014 – approved $0 Taste of Northfield – NDDC 5/29/2014 04/15/2014 – approved $1,756 St Olaf Reunion Weekend 5/30-31/2014 05/06/2014 – approved $0 Riverwalk Market Fair 6/7-10/25/2014 05/06/2014 – approved $1,652 Community Band Bridge Square 6/5, 12, 19 & 26/2014 05/20/2014 – approved $863 Theater in The Park – Northfield Arts Guild 6/6-8 & 12-14, 2014 05/20/2014 - approved $0 Coldwell Banker 30th Birthday Celebration 6/12/2014 05/20/2014 – approved $0 Northfield Wheels Exhibit – Northfield Historical 6/26/2014 05/20/2014 – approved $365 Society Y Kids Triathlon – YMCA 7/12/14 05/20/2014 – approved $365 Crazy Daze - Chamber of Commerce 7/24/2014 06/17/2014- approved $365 Cannon River Roots Festival- Northfield Arts Guild 7/26/2014 05/20/2014 - approved $680 Skateboard Coalition Outdoor Concert – Event 7/27/2014 06/17/2014 – approved $0 moved to Key 07/01/2014 - cancel Vintage Band Festival 8/02/2014 06/17/2014 - approved $1,035 Extreme Music Tour 8/06/2014 08/05/2014 – proposed $0 Canvas Church Community Carnival 8/14/2014 08/05/2014 – proposed $0 Masonic Lodge Sesquicentennial Celebration 8/14/2014 08/05/2014 – proposed $0 Outlaw Run - Northfield Historical Society 8/16/2014 06/03/2014 - approved $932 Defeat of Jesse James Days 9/3-7/2014 06/17/2014 - approved $33,225 Heavy Hitters Car Club Heels & Wheels – Cancel 9/20/2014 $0 Winter Walk- Chamber of Commerce * ? Proposed 08/4/2014 $365(estimated) TOTAL (estimated) $41,603 Estimated Dollars Remaining 572
*No application received
The 2014 budget included $42,175 for community events in kind grant support. A list of events and requests for in kind grant support are noted above. Costs are estimated for those events without developed license agreements. Staff will continue to refine the remaining costs and bring forward remaining requests for Council consideration in the next few weeks. Consent
Date of City Council Meeting: August 05, 2014
To: Mayor and City Council
From: Tim Madigan, City Administrator
Subject: Mayor and City Council Compensation
Action Requested:
The Northfield City Council moves to hold second reading of Ordinance No. 959 - Setting Mayor and City Council Compensation for 2015 and 2016.
Summary Report: Mayor Graham as part of the Council work plan discussion requested the City Council consider adjusting the compensation for the mayor and city council positions in 2014 and 2015.
The last compensation adjustment for the mayor and city council was in 2005/06 as part of a two year adjustment, see attached ordinance. As a result, the mayor is currently paid $9,600 per year and councilors $7,200 per year.
During this eight year time period, inflation has increased by 18%. The wage range for city employees has been adjusted by 11.5%, plus some step increases. Based on this information it is recommended that the Council adjust the mayor and council compensation in 2015 by 11.5% and in 2016 by 2% (inflation rate 2013 to 2014) as presented in the attached proposed ordinance.
During the Council work session on June 10, there was discussion of adjusting the mayor’s compensation to a higher level and delaying implementation of the new compensations rates to 2017/18.
Alternative Options:
Adjust compensation by a larger or smaller amount than proposed or make no adjustment.
Financial Impacts:
The additional cost in 2015 will be $6,072 and $2,134 in 2016.
Tentative Timelines: Under Minnesota State law compensation for the mayor and city council has to be acted on before a municipal election and can only take effective after the election.
Attachments:
Current compensation Proposed ordinance Comparable cities data
PART II - NORTHFIELD CODE Chapter 2 - ADMINISTRATION ARTICLE II. - CITY COUNCIL
DIVISION 1. GENERALLY
DIVISION 1. GENERALLY
Sec. 2-26. Compensation.
(a) The annual salary for the elected members of the city council shall be in the amount of $6,000.00 commencing January 1, 2005, and shall be increased to the amount of $7,200.00 commencing January 1, 2006. (b) The annual salary for the mayor shall be in the amount of $8,400.00 commencing January 1, 2005, and shall be increased to the amount of $9,600.00 commencing January 1, 2006. (c) The salaries established shall be paid on a biweekly basis. (d) The salaries established by this section shall be effective as of the dates set forth above and shall continue in the amounts which will be effective January 1, 2006, until changed as provided by state law. (Code 1986, § 100:45; Ord. No. 816, 10-18-2004)
State law reference— Authority to fix salary of council, Minn. Stat. § 415.11.
Northfield, Minnesota, Code of Ordinances Page 1 ORDINANCE NO. 959
AN ORDINANCE AMENDING SECTION 2-26 OF CITY CODE RELATING TO COUNCIL COMPENSATION THE CITY COUNCIL OF THE CITY OF NORTHFIELD DOES ORDAIN THAT NORTHFIELD CODE SEC. 2-26 IS HEREBY AMENDED AS FOLLOWS: (new material is underlined; deleted material is lined out): Sec. 2-26. Compensation. (a) The annual salary for the elected members of the city council shall be in the amount of $6,000.00 commencing January 1, 2005, and shall be increased to the amount of $7,200.00 $8,028______commencing January 1, 20062015, and shall be increased to the amount of $8,188.00 commencing January 1, 2016.. (b) The annual salary for the mayor shall be in the amount of of $8,400.00 commencing January 1, 2005, and shall be increased to the amount of $9,600.00 $10,704______commencing January 1, 20062015, and shall be increased to the amount of $10,918.00 commencing January 1, 2016.. (c) The salaries established shall be paid on a biweekly basis. (d) The salaries established by this section shall be effective as of the dates set forth above and shall continue in the amounts which will be effective January 1, 20062015, until changed as provided by state law.
Passed by the City Council of the City of Northfield, Minnesota, this 5th day of August, 2014.
ATTEST:
______City Clerk Mayor
First Reading: ______Second Reading: ______Published: ______
VOTE: _ GRAHAM _ DELONG _ LUDESCHER _ NAKASIAN _ POWNELL _ PETERSON WHITE _ ZWEIFEL
Mayor and City Council 2014 Annual Salaries
Comparable Cities
Northfield:
Mayor $9,600.00
Council Members $7,200.00
Mayor
Anoka $8,817.00
Columbia Heights $13,800.00
Crystal $10,514.69
Faribault $8,480.00
Farmington $8,040.00
Hastings $8,400.00
Hopkins $6,000.00
New Brighton $8,600.00
New Hope $11,170.00
North St. Paul $6,400.00
Robbinsdale $10,151.00
South St. Paul $10,200.00
West St. Paul $8,910.00
Council Members
Anoka $7,141.00
Columbia Heights $7,800.00
Crystal $8,088.83
Faribault $7,220.00
Farmington $7,020.00
Hastings $6,000.00 Hopkins $4,600.00
New Brighton $7,000.00
New Hope $8,050.00
North St. Paul $5,200.00
Robbinsdale $8,097.00
South St. Paul $6,600.00
West St. Paul $7,150.00
CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Jasper Kruggel, GIS & Engineering Technician
Subject: East River Wall Railing Project
Action Requested: The Northfield City Council authorizes the East River Wall Railing Project.
Summary Report: The east river wall, south of Second Street has been identified as an area of public safety concern. During the June 2014 flooding events, even though fencing was installed to keep pedestrians away from the river corridor, people were observed walking on or around the project area (Attachment 2). The railing addition will be roughly 210 feet in length and will be constructed to City standards.
City staff has contacted three local contractors for quotes, two of which did not have the time to complete the project by the start of Defeat of Jesse James Days. The two contractors that did not bid gave a rough estimate of $200 and $210 per foot. Peterson Equipment, Inc., the contractor that indicated they could get the project done by Defeat of Jesse James Days, gave an estimate of $195 per foot. That estimate includes materials, installation and powder coating of the installed railing.
Financial The estimate of $195 per foot of railing, installed and powder coated, totals $40,950 for the project. The funding for this project will come from the street department budget which is part of the general fund. If approved, this project will be added to the budget amendment the Finance Department will bring forward in September.
Timeline Once approved, this project will begin and have a completion date projected before Defeat of Jesse James Days.
Attachments: 1. Peterson Equipment Inc. Quote 2. Site Map
SECOND ST W
19
DIVISION ST S
East River Wall Railing Legend East River Wall Railing Project Updated: 7/29/2014 Feet 30 15 0 30 Location: V:\Projects\Engineering Department\East River Wall Railing\eastRiverWall_Railing.mxd CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Melanie Schlomann, Finance Director
Subject: Payment to the Northfield Area Fire and Rescue Service (NAFRS)
Action Requested: The Northfield City Council authorizes the initial payment in the amount of $122,051.80 per the Joint Powers Agreement, Section 7 dated April 1, 2014.
Summary Report: The Joint Powers Board is requesting their first payment for September 2014 through December 2014. The invoice and calculation sheet are attached to this memo. Per our purchasing policy, Council approval is required on dollar amounts over 100,000.
Financial Impacts: I have attached a current expenditure summary for the fire department. We are under budget for the year at this time. I do not anticipate a budget amendment being necessary for the fire department in 2014.
Tentative Timelines: The check is ready to be sent, we just need council approval.
Attachments: NAFRS Invoice NAFRS Budget through 12/31/14 Expenditure summary of current fire department expense
CONSENT
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Brian Erickson, P.E. Assistant Public Works Director/Assistant City Engineer Gerald Ness, Wastewater Plant Manager Justin Wagner, Utilities Supervisor
Subject: Approve WWTP Well Replacement/Water Line Extension Project
Action Requested: The Northfield City Council hereby approves Resolution 2014-088 authorizing the preparation of the Waste Water Treatment Plant (WWTP) well replacement/water line extension project for design.
Summary Report: The City of Northfield’s Waste Water Treatment Plant (WWTP) currently treats all the wastewater for the cities of Northfield and Dundas. As part of the treatment process, the WWTP uses a significant amount of clean water from a well that is at the WWTP. At this time, the existing water system does not extend to the WWTP which is why there is a well on site.
This well has been in service since 1958 and is currently in need of replacement. The well is an artesian well and under normal conditions it will flow with no pump pressure. Currently, the well casing is leaking which has resulted in a ‘spring’ inside the well house where the casing exits the ground. This flow is anticipated to continue for the foreseeable future and will cause significant icing and other problems in the winter. The replacement of this well has been priority and currently staff has shown this well replacement in the draft Capital Improvement Plan for completion in 2015.
In addition to the current leak at the well, the existing well capacity is insufficient. During certain parts of the treatment process, the flow from this well cannot meet other demands at the plant which can result in scheduling issues for the operations.
Due to recent deterioration of the well, staff requested the Bolton and Menk, Inc. (BMI) review options and prepare a brief feasibility report for replacing this well, attachment 2. BMI reviewed three options for providing sufficient water to the WWTP. They are: 1. Construction of a new well and pump house. Staff received an estimate from a local well driller for replacing the well; however, that estimate did not include the construction of a well house. In all, the estimated cost is $850,000. Additionally, replacing the well may present some State approval issues based on required separation of well and wastewater treatment facilities. Addressing those issues will result in a project that would not be completed until sometime in the late summer or autumn of 2015. 2. Directionally drilled watermain. This option would provide a waterline extension from Northfield Montessori along the east side of MN Trunk Highway 3. The watermain would remain within the MnDOT up to the entrance into the WWTP. It should be noted that the line would be sized at 12” which is based on the City of Northfield’s Comprehensive Water Plan (December 9, 2005). There are also three material options for this work ductile iron pipe (preferred), fusible C-900, and high density polyethylene (HDPE). 3. Slipline existing abandoned sanitary sewer. Using this abandoned sanitary line would provide a relatively direct connection to the WWTP; however, this line lies within the existing railroad right of way and access for installation and maintenance/repair could be hampered depending on rail operations. It would also require the use of materials (C-900 or HDPE – plastic watermain pipe) that the City of Northfield currently does not use in its water system.
Based on the report from BMI and staff discussions, it is recommended that the City Council authorize this project to progress and that the option for a directionally bored watermain along TH 3 be developed in more detail. It is further recommended that plans and specifications be prepared for bid. Prior to advertisement staff would return to City Council and request authorization to release the advertisement for bids as well as approve the plans and specifications.
One additional issue that should be addressed is that fact that this water line would extend outside of the existing city limits into the surrounding township. All the planned work would be within either MnDOT right of way or possibly across a corner of State of MN owned property. A review of this project and the possible issues by the City Attorney is recommended.
Alternative Options: Council may decide not to proceed with this project; however, the current well will continue to leak and a major failure would require emergency measures in order to continue treating wastewater. If that failure occurred during winter months the efforts and costs required will increase significantly. Staff would also recommend that this work be undertaken as part of future Capital Improvement Plan if not approved for development at this time.
Financial Impacts: The costs for this project would range from roughly $470,000 to $850,000. This expenditure would come from the Sewer and/or Water Funds. There is sufficient fund balance to cover these costs. If authorized staff will have more detailed project estimates prepared for future presentation to the City Council.
Timelines: Once approved, staff will work with a designer to complete plans and specification for bidding this work. Approval of the plans and specifications, as well as approval of a contract will return to the City Council for action at a future date.
The rough timeline for project execution, if approved, is: September 2 – Approve Plans and Specification and Authorize Advertisement for Bids September 22 – Open Bids October 7 – Accept Bid and Award Contract If this schedule can be compressed staff would bring the items above to Council at an earlier date.
Attachments: 1. Resolution 2014-088 2. Feasibility Report CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2014-088 ACCEPTING FEASIBILITY REPORT AUTHORIZING PLANS AND SPECIFICATION
WHEREAS, the City of Northfield operates the wastewater treatment plant located at 1450 Highway 3 North, Northfield, MN; and,
WHEREAS, the location of the wastewater treatment plant is outside of the current potable water system operated by the City of Northfield; and,
WHEREAS, the wastewater treatment plant currently uses an undersized well which has been in operation since 1958 to supply non-potable water for use in the processing of wastewater; and,
WHEREAS, the current well is now experiencing a significant leak and several other maintenance issues; and,
WHEREAS, the replacement of this well is a critical need this year to insure that the proper treatment of wastewater can continue; and,
WHEREAS, an extension of the existing potable water system to the wastewater treatment plant is the most economical solution to the well replacement; and,
WHEREAS, sufficient fund balance is available for the replacement of this well.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT:
The City Engineer shall prepare plans and specifications for the extension of the existing potable water system along the MN Trunk Highway 3 corridor. The plans shall call for the directional boring of a water line up to the entrance of the wastewater treatment plant to minimize disruption to existing property owners on the east side of MN Trunk Highway 3.
PASSED by the Mayor and City Council of the City of Northfield this 5th day of August 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL
July 29, 2014
Mr. Brian Erickson, P.E. Mr. Justin Wagner Asst. Public Works Director/Asst. City Engineer Utilities Supervisor City of Northfield City of Northfield 801 Washington Street 1450 Highway 3 North Northfield, MN 55057 Northfield, MN 55057
RE: WWTP Water Supply Options
Dear Mr. Erickson and Wagner,
We have completed our evaluation and preliminary cost estimates for options to replace the WWTP water supply. The following are our results:
Option 1 – Well and Pumphouse The construction of a well and pumphouse would take approximately until October 2015 to be online. The estimated cost for this option is $250,000 for the well and an additional $600,000 for the pumphouse. Thereby a total project cost of $850,000 including contingencies and indirect costs. The City would also have maintenance on both the well and pumphouse piping and appurentances.
Option 2 – Directionally Drilled Watermain The City has an existing 12” ductile iron pipe (DIP) located on the east side of Trunk Highway (TH) 3 directly adjacent to the Northfield Montessori. A 12” watermain is proposed to be extended in the TH 3 easterly ditch from the Northfield Montessori to the WWTP. The 12” diameter extension is consistent with the City’s Water System Comprehensive Plan. Within this option, there are three different pipe materials to consider, DIP, Fusible C-900, and high density polyethylene pipe (HDPE). Following are the estimated total project costs for each of the materials: DIP – $562,800 Fusible C-900 – $506,080 HDPE – $471,770
Quantities and unit prices for each estimate are attached to this letter.
With this option, permits will be required from the Minnesota Department of Health for the watermain extension, MnDOT for work with the right-of-way and from Union Pacific for the jacking beneath the railroad. Also, since this work would be outside of the City limits, the City will need to notify Waterford Township. Based on this, we recommend that this extension be brought to the City Attorney’s attention for a legal opinion.
Option 3 – Slipline Abandoned Sanitary Sewer Figure No. 3 identifies the approximate location of an abandoned 15” vitrified clay pipe (VCP). This pipe runs parallel to the railroad. In the evaluation of this option, we do not recommend the City utilize this option for the following reasons: 12” DIP has a 15.05” diameter outside bell which is too large to slipline in a 15” VCP.
City of Northfield July 29, 2014 Page 2 of 2
Future access for maintenance or repair to a pipe located in a railroad right-of-way would require permitting each time. The City would also be limited as to when they could be working near the railroad due to rail activity. The condition of the 15” VCP is unknown. If the City chooses this option, televising will be required prior to the design. An option we considered was to shatter the 15” VCP and pull any of the materials identified in Option 2 above thru the voided area. However, we believe that the railroad will not be in favor of allowing the City to destruct the 15” VCP because of possible settling in the railroad tracks or surrounding area.
We recommend the City choose Option 2 and bid all three pipe materials as alternatives. Based on bids received, choose the material to be utilized at that time.
Please call me at 612-270-9681 if you have any questions.
Sincerely,
Bolton & Menk, Inc.
Mark D. Kasma, P.E. Senior Principal Engineer
Attachments-Preliminary Estimates and Figures
Cc: Doug Lien, Water Superintendent
WWTP WATER SUPPLY OPTIONS (DIP) PRELIMINARY ESTIMATE CITY OF NORTHFIELD
NO. ITEM UNITS QTY UNIT PRICE TOTAL PRICE 1 MOBILIZATION LS 1.00 $20,000.00 $20,000.00 2 TRAFFIC CONTROL LS 1.00 $10,000.00 $10,000.00 3 SAWING BIT PAVEMENT LIN FT 580 $2.00 $1,160.00 4 GRANULAR BORROW CU YD 200 $15.00 $3,000.00 5 REMOVE AND REPLACE BITUMINOUS SQ YD 1090 $25.00 $27,250.00 6 12" DIP WATERMAIN (DIRECTIONAL DRILL) LIN FT 2120 $100.00 $212,000.00 7 12" DIP WATERMAIN (OPEN CUT) LIN FT 290 $80.00 $23,200.00 8 8" DIP WATERMAIN (DIRECTIONAL DRILL) LIN FT 340 $80.00 $27,200.00 9 HYDRANT EACH 3 $3,750.00 $11,250.00 10 12" GATE VALVE EACH 3 $4,000.00 $12,000.00 11 6" GATE VALVE EACH 3 $1,650.00 $4,950.00 12 MJ FITTINGS LBS 1316 $5.00 $6,580.00 13 CONNECT TO EXISTING WATERMAIN EACH 2 $2,000.00 $4,000.00 14 COMMON TOPSOIL BORROW CU YD 370 $30.00 $11,100.00 15 SEED, FERTILIZER, & MULCH ACRE 0.5 $4,000.00 $2,000.00 16 CATEGORY 1 BLANKET SQ YD 2200 $3.00 $6,600.00 17 24" STEEL CASING LIN FT 90 $300.00 $27,000.00 SUBTOTAL $409,290.00 10% CONTINGENCIES $40,920.00 CONSTRUCTION COST $450,210.00 INDIRECT COSTS (25%) $112,590.00 TOTAL WATERMAIN COST $562,800.00 WWTP WATER SUPPLY OPTIONS (C900) PRELIMINARY ESTIMATE CITY OF NORTHFIELD
NO. ITEM UNITS QTY UNIT PRICE TOTAL PRICE 1 MOBILIZATION LS 1.00 $20,000.00 $20,000.00 2 TRAFFIC CONTROL LS 1.00 $10,000.00 $10,000.00 3 SAWING BIT PAVEMENT LIN FT 580 $2.00 $1,160.00 4 GRANULAR BORROW CU YD 200 $15.00 $3,000.00 5 REMOVE AND REPLACE BITUMINOUS SQ YD 1090 $25.00 $27,250.00 6 12" C900 WATERMAIN (DIRECTIONAL DRILL) LIN FT 2120 $85.00 $180,200.00 7 12" C900 WATERMAIN (OPEN CUT) LIN FT 290 $65.00 $18,850.00 8 8" C900 WATERMAIN (DIRECTIONAL DRILL) LIN FT 340 $65.00 $22,100.00 9 HYDRANT EACH 3 $3,750.00 $11,250.00 10 12" GATE VALVE EACH 3 $4,000.00 $12,000.00 11 6" GATE VALVE EACH 3 $1,650.00 $4,950.00 12 MJ FITTINGS LBS 1316 $5.00 $6,580.00 13 CONNECT TO EXISTING WATERMAIN EACH 2 $2,000.00 $4,000.00 14 COMMON TOPSOIL BORROW CU YD 370 $30.00 $11,100.00 15 SEED, FERTILIZER, & MULCH ACRE 0.5 $4,000.00 $2,000.00 16 CATEGORY 1 BLANKET SQ YD 2200 $3.00 $6,600.00 17 24" STEEL CASING LIN FT 90 $300.00 $27,000.00 SUBTOTAL $368,040.00 10% CONTINGENCIES $36,800.00 CONSTRUCTION COST $404,840.00 INDIRECT COSTS (25%) $101,240.00 TOTAL WATERMAIN COST $506,080.00 WWTP WATER SUPPLY OPTIONS (HDPE) PRELIMINARY ESTIMATE CITY OF NORTHFIELD
NO. ITEM UNITS QTY UNIT PRICE TOTAL PRICE 1 MOBILIZATION LS 1.00 $20,000.00 $20,000.00 2 TRAFFIC CONTROL LS 1.00 $10,000.00 $10,000.00 3 SAWING BIT PAVEMENT LIN FT 580 $2.00 $1,160.00 4 GRANULAR BORROW CU YD 200 $12.00 $2,400.00 5 REMOVE AND REPLACE BITUMINOUS SQ YD 1090 $25.00 $27,250.00 6 12" HDPE WATERMAIN (DIRECTIONAL DRILL) LIN FT 2120 $75.00 $159,000.00 7 12" HDPE WATERMAIN (OPEN CUT) LIN FT 290 $60.00 $17,400.00 8 8" HDPE WATERMAIN (DIRECTIONAL DRILL) LIN FT 340 $60.00 $20,400.00 9 HYDRANT EACH 3 $3,750.00 $11,250.00 10 12" GATE VALVE EACH 3 $4,000.00 $12,000.00 11 6" GATE VALVE EACH 3 $1,650.00 $4,950.00 12 MJ FITTINGS LBS 1316 $5.00 $6,580.00 13 CONNECT TO EXISTING WATERMAIN EACH 2 $2,000.00 $4,000.00 14 COMMON TOPSOIL BORROW CU YD 370 $30.00 $11,100.00 15 SEED, FERTILIZER, & MULCH ACRE 0.5 $4,000.00 $2,000.00 16 CATEGORY 1 BLANKET SQ YD 2200 $3.00 $6,600.00 17 24" STEEL CASING LIN FT 90 $300.00 $27,000.00 SUBTOTAL $343,090.00 10% CONTINGENCIES $34,300.00 CONSTRUCTION COST $377,390.00 INDIRECT COSTS (25%) $94,380.00 TOTAL WATERMAIN COST $471,770.00 FIGURE 1 AGNES M PAVEK ABANDONED SANITARY FRIEDRICH SEWER LINE - WWTP THEBERATH AGNES Legend ANNE S M PAVEK SCHULZ Sanitary Sewer Manhole (Abandoned) 8" Watermain
Sanitary Sewer Line (Abandoned) 12" Watermain
Proposed Hydrant 24'' Steel Casing BRENT R & Proposed Valve Existing Watermain MICHELLE L KESKE Updated: 7/29/2014 Hydrant Feet Water Main V V FRAME &MARCIA
150CHARLESK 75 0 150
WILLIAM J ANNE S FISCHER SCHULZ STATE OF MN
JWBENJAMIN STATE LLC OF MN JOHN L & VICKY
LYNN TRIPP LLC COLLEGE CARLETON
LLOYD P F JWBENJAMIN RODNEY WREIFF JESSE & CHRISTENSON & PATRICIA DEBRA GRABER STATE OF MN - DOT
GREGORY H CITYOF
THEISEN NORTHFIELD STATE OF MN OF
RONALD C & BETTY L GLEN H & TAUBMAN
DEBRA SEE FIGURE 02
JESSE & STATE GRABER FRONT NINE KAREN HOLZ INVESTMENTS OF MN LLC
ROBERT L & GLENNAJ FAST GEORGE L FRONT NINE & DOROTHY RUSH QUALSETH
INVESTMENTS MICHAEL LLC KAREN
LLC SELLERS FRONTNINE FRONT NINELLC INVESTMENTS 3 INVESTMENTS ROBERT H GEORGE
KARENA SELLERS & DIANE M & DOROTHY QUALSETH T ENEBAK LARRY J & ANN M LARSON
LARRY J GEORGE & ANN M & DOROTHY LARSON 12" Watermain QUALSETH
EVA M J & ANNLARRY M DAMIAN LARSON DEBORAH LEONARD& SKLUZACEK COLLEGE PATRICK J CARLETON RICHARD R PAVEK HUGHES DOUGLAS G DOUGLAS
& MARY JO G & MARY CARLETON COLLEGE GROVE JO GROVE WENDYTHOMAS L TROUT E &
PROP ESTREM LANGER &
DEBORA LANGER &
SKLUZACEK MANGER INN ESTREM PROP PARTNERS IN SERVICE HWY 3 N COLLEGE CARLETON EVA M EVA DAMIAN CARLETON COLLEGE GIRL NORTHFIELD MONTESSORI SCOUTS OF
MN& WI RIVER GIRL SCOUT COUNCIL & OF CANNON VALLEY INC CARLETO N CO LLEGE& Location: V:\Projects\Wastewater\abandoned_sanitaryLine_wProperty_140723.mxd TREASURERS OFFICE 8" Watermain
FIGURE 2 WWTP PROPOSED WATER SYSTEM
Existing Watermain Legend Watermain12" Proposed Hydrant 24'' Steel Casing Proposed Valve
8" Watermain
12" Watermain 12" Watermain 24'' Steel Casing
Existing Watermain Updated: 7/29/2014 Feet 40 20 0 40 Location: V:\Projects\Wastewater\wwtp_ProposedWaterSystem.mxd 3
FIGURE 3 ABANDONED SANITARY RD HL SEWER LINE - WWTP A
D
L Legend E
E V
A Sanitary Sewer Manhole (Abandoned)
SH HWY 3 N N Sanitary Sewer Line (Abandoned)
E
D FR EMOU Hydrant W A ES VE R Water Main
D Updated: 7/29/2014 Feet 300 150 0 300 Location: V:\Projects\Wastewater\abandoned_sanitaryLine_140723.mxd CONSENT
Date of City Council Meeting: August 5, 2014
To: City Council City Administrator
From: Mayor Dana Graham
Subject: Approve Stipend for City Administrator Interim Housing Expense
Action Requested: The Northfield City Council approves a stipend for interim housing expenses for up to ten nights for a cost of $100/night plus tax for Nick Haggenmiller.
Summary Report: Nick Haggenmiller will be starting employment with the City of Northfield on Monday, August 18, 2014. Housing is not available until September 1, 2014. It is not feasible to commute from his current residence on a daily basis. Since he is starting mid-month, I am requesting a stipend for him to cover interim housing expenses.
Alternative Options: The City Council could deny the request.
Financial Impacts: $1,000 plus tax.
Timelines: N/A
Attachments: N/A
REGULAR
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Melanie Schlomann, Finance Director
Subject: Approve the sale of 2014A Bonds
Action Requested: The Northfield City Council is being asked to approve the issuance and sale of the 2014A General Obligation Bonds, by adoption of Resolution 2014-086. Council authorized the sale at the meeting on July 8, 2014. The bonds are scheduled to open for bids on the morning of the Council meeting. Ehlers will tabulate the bids and finalize the resolution for distribution at the meeting.
Summary Report: The presale report prepared by the City’s financial consultant (Ehlers & Associates, Inc) was provided with the July 8th Council packet. As with the existing EDA 2006A Bonds, the refunding portion of the 2014A bonds will be repaid through a debt levy over eleven years (2015-2025). The improvements portion will be repaid through a combination of assessment revenue and debt levy over ten years (2015-2024).
A bond rating agency call was conducted on Monday, July 28th. The bond rating was confirmed at AA on July 30th. The report from Standard & Poor’s is attached.
Staff from Ehlers will be at the meeting to review the results of the sale.
Attachments: Resolution 2014-086 (preliminary-final with numbers to be distributed at meeting) Standard and Poor letter
CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2014-086
A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,345,000 GENERAL OBLIGATION BONDS, SERIES 2014A
A. WHEREAS, the Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City’s $3,345,000 General Obligation Bonds, Series 2014A.
B. WHEREAS, the City Finance Director presented a tabulation of the proposals that had been received in the manner specified in the Notice of Sale for the Bonds. The proposals were as set forth in EXHIBIT A attached.
After due consideration of the proposals, Member ______then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption:
BE IT RESOLVED By the City Council of the City of Northfield, Dakota and Rice Counties, Minnesota (the “City”) as follows:
Section 1. Sale of Bonds.
1.01. Background; Findings. It is determined that:
(a) Certain assessable public street improvements in the City (the “2014 Improvements”), have been made, duly ordered, or contracts let for the construction thereof, pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (collectively, the “Improvement Act”).
(b) The Economic Development Authority of the City of Northfield, Minnesota (the “Authority”) previously issued its Public Project Revenue Bonds, Series 2006A, dated July 18, 2006 (the “Series 2006A Bonds”), pursuant to a Trust Indenture, dated July 1, 2006, between the Authority and Wells Fargo Bank, National Association, as trustee (the “Series 2006A Trustee”) (the “Indenture”) and a resolution adopted by Authority on June 19, 2006 (the “Bond Resolution”). The proceeds of the Series 2006A Bonds were used to provide certain facilities for recreation, including a community swimming pool (the “Facility”). The City currently leases the Facility pursuant to a Lease Agreement, dated July 1, 2006 (the “Lease Agreement”), between the Authority, as lessor, and the City, as lessee. The City has determined to exercise its option to terminate the Lease Agreement and purchase the Facility from the Authority by defeasing the Series 2006A Bonds, which are currently outstanding in the principal amount of $2,150,000.
(c) The City is authorized by Minnesota Statutes, Chapter 475 and Sections 469.1812 through 469.1815, as amended (collectively, the “Abatement Act”) to issue general obligation abatement bonds to finance the acquisition of the Facility.
427560v2 JSB NR122-30
(d) On July 8, 2014 the City held a public hearing regarding, and adopted a resolution (the “Abatement Resolution”) approving property tax abatements pursuant to the Abatement Act.
(e) The City is authorized by Minnesota Statutes, Chapter 475, including Section 475.67, subdivision 3, to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment.
(f) Minnesota Statutes, Section 475.67, subdivision 12, permits the sale of advance refunding obligations as long certain additional conditions are met.
(g) The City finds it necessary, expedient, and desirable to the sound financial management of the affairs of the City and to reduce debt service costs of the City to issue its $3,345,000 General Obligation Bonds, Series 2014A (the “Bonds”) to (i) finance the 2014 Improvements; and (ii) acquire the Facility by defeasing the Series 2006A Bonds.
(h) The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with such sale. The actions of the City staff and the City’s financial advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects.
1.02 Award to Purchaser and Interest Rates. The proposal of ______(the “Purchaser”) to purchase the Bonds of the City described in the official statement thereof is found and determined to be the most favorable offer received and is hereby, the proposal being to purchase the Bonds at a price of $______, plus accrued interest to the date of delivery, for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2015 % 2021 % 2016 2022 2017 2023 2018 2024 2019 2025 2020
1.03. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund under Section 4.01 hereof, as determined by the City Finance Director after consultation with the City’s municipal advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City.
427560v2 JSB NR122-30 2
1.04 Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds pursuant to the Improvement Act, the Abatement Act, and Minnesota Statutes, Sections 475.67, subdivisions 3 and 12 (collectively, the “Act”), in the total principal amount of $3,345,000, originally dated August 28, 2014, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows:
427560v2 JSB NR122-30 3
Year Amount Year Amount
2015 $170,000 2021 $340,000 2016 315,000 2022 345,000 2017 335,000 2023 345,000 2018 330,000 2024 360,000 2019 335,000 2025 130,000 2020 340,000
$1,255,000 of the Bonds (the “2014 Improvement Bonds”) maturing in the amounts and on the dates set forth below are being issued to finance the 2014 Improvements:
Year Amount Year Amount
2016 $115,000 2021 $125,000 2017 130,000 2022 125,000 2018 125,000 2023 125,000 2019 125,000 2024 130,000 2020 125,000 2025 130,000
$2,090,000 of the Bonds (the “Abatement Bonds”) maturing in the amounts and on the dates set forth below are being issued to acquire the Facility by defeasing the Series 2006A Bonds:
Year Amount Year Amount
2015 $170,000 2020 $215,000 2016 200,000 2021 215,000 2017 205,000 2022 220,000 2018 205,000 2023 220,000 2019 210,000 2024 230,000
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s).
1.05. Optional Redemption. The City may elect on February 1, 2022, and on any day thereafter to prepay Bonds due on or after February 1, 2023. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest.
427560v2 JSB NR122-30 4
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2015, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no
427560v2 JSB NR122-30 5
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the
427560v2 JSB NR122-30 6
Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B.
3.02. Approving Legal Opinion. The City Finance Director is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond.
Section 4. Payment; Security; Pledges; and Covenants.
4.01. Debt Service Fund and Accounts Maintained Therein. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, the Series 2006A Bonds, and to provide adequate and specific security for the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the “General Obligation
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Bonds, Series 2014A Debt Service Fund” (the “Fund”) to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund will be maintained in the manner herein specified until all of the Bonds and the interest thereon will have been fully paid. There will be maintained in the Fund two separate accounts, to be designated the “2014 Improvements Account,” and the “Abatement Account.” Amounts in the 2014 Improvements Account are irrevocably pledged to the 2014 Improvement Bonds portion of the Bonds and amounts in the Abatement Account are irrevocably pledged to the Abatement Bonds portion of the Bonds.
(a) 2014 Improvements Account. To the 2014 Improvements Account in the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) proceeds of general taxes herein or hereafter levied and special assessments levied or to be levied for the 2014 Improvements (the “Assessments”), which ad valorem taxes and Assessments are pledged to the 2014 Improvements Account; (ii) capitalized interest financed from 2014 Improvement Bond proceeds, if any; and (iii) a pro rata portion of the amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof.
(b) Abatement Account. To the Abatement Account in the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) proceeds of general taxes herein or hereafter levied and tax abatements in accordance with the Abatement Resolution (the “Abatements”), (ii) a pro rata portion of the amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; and (iii) any additional funds directed to be deposited by the City Clerk.
4.02 Escrow Account. Pursuant to an Escrow Agreement, dated as of the date of issue of the Bonds, among the City, the Authority, and the Escrow Agent (the “Escrow Agreement”), proceeds of the Abatement Bonds, net of the amounts deposited in accordance with Section 4.01(b), in the amount of set forth therein shall be deposited in the Escrow Account to be maintained by the Escrow Agent to be applied to the defeasance and refunding of the Authority’s Series 2006A Bonds.
4.03. Construction Fund. The proceeds of the 2014 Improvement Bonds, net of the amounts deposited in accordance with Section 4.01(b) and less $______deposited in the Escrow Account in accordance with the Escrow Agreement to pay costs of issuance, together with any other funds appropriated during the construction of the 2014 Improvements and ad valorem taxes and Assessments collected, will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the 2014 Improvements and the payment of principal of and interest on the 2014 Improvement Bonds prior to the completion and payment of all costs of the 2014 Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the 2014 Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and any balance therein is to be deposited in the 2014 Improvements Account of the Debt Service Fund.
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4.04. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein.
4.05. Pledge of Tax Levy; 2014 Improvement Bonds. For the purpose of paying the principal of and interest on the 2014 Improvement Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the 2014 Improvements Account of the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of collection) as separately set forth:
Year Levy
(See EXHIBIT C)
The tax levy herein provided will be irrepealable until all of the 2014 Improvement Bonds are paid, provided that the City Clerk may annually, at the time the City makes its tax levies, certify to the County Auditor the amount available in the 2014 Improvement Account in the Debt Service Fund to pay principal and interest due during the ensuing year on the 2014 Improvement Bonds, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified.
4.06. Pledge of Tax Levy; Abatement Bonds. For the purpose of paying the principal of and interest on the Abatement Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Abatement Account in the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year):
Year Levy
(See EXHIBIT D)
The tax levy herein provided will be irrepealable until all of the Abatement Bonds portion of Bonds are paid, provided that the City Clerk may annually, at the time the City makes its tax levies, certify to the County Auditor the amount available in the Abatement Account in the Debt Service Fund to pay principal and interest due during the ensuing year on the Abatement Bonds, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified.
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4.07. Filing. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor-Treasurers of Dakota and Rice Counties and to obtain the certificate required by Section 475.63 of the Act.
4.08. Covenants Regarding 2014 Improvements. The City hereby covenants with the holders from time to time of the Bonds as follows:
(a) It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and that at least 20% of the costs of the 2014 Improvements to the City will be paid by Assessments. The City has caused or will cause the Assessments levied for the 2014 Improvements to be promptly levied so that the first installment will be collectible not later than 2015 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each 2014 Improvement financed wholly or partly from the proceeds of the 2014 Improvement Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the 2014 Improvement Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in the Assessments and ad valorem taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency.
(c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the 2014 Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments.
(d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request.
4.09. Abatement Pledge. It is determined that the principal amount of the Abatement Bonds does not exceed the estimated sum of the Abatements for the years authorized under the Abatement Resolution.
4.10. Debt Service Coverage. It is hereby determined that the estimated collection of the foregoing Taxes, Abatements and Assessments will produce at least 5% in excess of the amount needed to pay when due, the principal and interest payments on the Bonds.
Section 5. Refunding; Findings; Redemption of Series 2006A Bonds.
5.01. Refunding Series 2006A Bonds. The Series 2006A Bonds will be defeased on the date of issue of the Bonds and the Series 2006A Bonds maturing on and after February 1, 2017 will be fully redeemed on February 1, 2016. The Series 2006A Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth
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in the form of Notice of Call for Redemption attached as Exhibit A to the Escrow Agreement which terms and conditions are hereby approved and incorporated herein by reference.
5.03. Investment Yields and Applicable Arbitrage Regulations. No portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of 5% of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable temporary periods or minor portion made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Funds will not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the “Code”).
5.03. Payment of Series 2006A Bonds. It is hereby found and determined, based solely on the Verification Report of the Independent Accountant identified in the Escrow Agreement, that the monies available and appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Escrow Account, to pay at maturity or upon redemption all of the principal of and interest on the Series 2006A Bonds.
5.04. Permitted Investments. Securities purchased from the monies in the Escrow Account will be limited to securities specified in Section 475.67, subdivision 8 of the Act. The Escrow Agent as agent for the City, at the further direction of the City Finance Director and in consultation with the City’s financial advisors, is hereby authorized and directed to purchase for and on behalf of the City and in its name, appropriate securities to fund the Escrow Account. On or after the issuance and delivery of the Bonds, any securities so purchased will be deposited with the Escrow Agent and held pursuant to the terms hereof and of the Escrow Agreement.
5.05. Notice of Call for Redemption. The Series 2006A Bonds will be redeemed and prepaid in accordance with their terms on February 1, 2016, and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption set forth in the Escrow Agreement. The registrar for the Series 2006A Bonds is authorized and directed to send a copy of the Notice of Call for Redemption to the registered holder of the Series 2006A Bonds.
5.06. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and the City Clerk are hereby authorized and directed to execute the Escrow Agreement on behalf of the City. The Escrow Agreement is hereby approved in substantially the form on file with the City on the date hereof, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Clerk, in their discretion, shall
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determine, and the execution thereof by the Mayor and City Clerk shall be conclusive evidence of such determination.
5.07. Other Documents. In addition to the Escrow Agreement, the Mayor and City Clerk are hereby authorized and directed to execute such other documents which are necessary and appropriate to terminate the Lease Agreement and defease the Series 2006A Bonds, including but not limited to a termination of the Ground Lease and termination of the Lease Agreement. The execution thereof by the Mayor and City Clerk shall be conclusive evidence of acceptance of the terms thereof by the City.
Section 6. Authentication of Transcript.
6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein.
6.02. Certificates as to Official Statement. The Mayor, City Clerk and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement.
6.03. Payment of Costs of Issuance. Costs of issuance of the Bonds will be paid by the Escrow Agent pursuant to the Escrow Agreement.
Section 7. Tax Covenants.
7.01. Tax Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. To that end, the City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States (unless the City qualifies for any exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations).
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7.02. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code.
7.03. Bank Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations:
(a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code;
(b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2014 will not exceed $10,000,000;
(d) not more than $10,000,000 of obligations issued by the City during calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and
(e) the Bonds are not issued as part of an issue the aggregate face amount of which exceeds $10,000,000.
7.04. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section.
Section 8. Book-Entry System; Limited Obligation of City.
8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC.
8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the
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Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times.
8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof.
8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter.
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Section 9. Continuing Disclosure.
9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section.
9.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof.
Section 10. Defeasance. When all Bonds (or any portion thereof) and all accrued interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds (or respective portion thereof) will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or respective portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit.
Section 11. Effective Date. This resolution shall be in full force and effect from and after its passage.
PASSED by the City Council of the City of Northfield, Minnesota this 5th day of August, 2014.
ATTEST:
______City Clerk Mayor
VOTE: _____ GRAHAM _____ DELONG _____ LUDESCHER _____ NAKASIAN _____ PETERSON WHITE _____ POWNELL _____ ZWEIFEL
427560v2 JSB NR122-30 15
STATE OF MINNESOTA ) ) COUNTIES OF DAKOTA ) AND RICE ) SS. ) CITY OF NORTHFIELD )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Northfield,
Dakota and Rice Counties, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on
Tuesday, August 5, 2014 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $3,345,000 General
Obligation Bonds, Series 2014A of the City.
WITNESS My hand officially as such City Clerk of the City this ______day of
August, 2014.
City Clerk Northfield, Minnesota
427560v2 JSB NR122-30
EXHIBIT A Proposals
A-1 427560v2 JSB NR122-30
EXHIBIT B FORM OF BOND
No. R-____ UNITED STATES OF AMERICA $______STATE OF MINNESOTA COUNTIES OF DAKOTA AND RICE CITY OF NORTHFIELD
GENERAL OBLIGATION BOND, SERIES 2014A
Date of Rate Maturity Original Issue CUSIP
February 1, 20__ August 28, 2014
Registered Owner: Cede & Co.
The City of Northfield, Minnesota, a duly organized and existing municipal corporation in Dakota and Rice Counties, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum set forth above on the maturity date specified above, unless called for earlier redemption, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2015, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2022, and on any date thereafter to prepay Bonds due on or after February 1, 2023. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify the Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest.
This Bond is one of an issue in the aggregate principal amount of $3,345,000 all of like original issue date and tenor, except as to number, maturity date, interest rate, denomination and redemption privilege, all issued pursuant to a resolution adopted by the City Council on August 5,
B-1 427560v2 JSB NR122-30
2014 (the “Resolution”), for the purpose of providing money to finance the construction of various assessable public improvements in the City and to acquire a community swimming pool by exercise its option to purchase such pool from Economic Development Authority of the City of Northfield, Minnesota (the “Authority”) by defeasing certain bonds of the Authority, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429, 469, and 475, as amended, and Section 475.67. The principal hereof and a portion of the interest hereon are payable from special assessments levied against property specially benefited by local improvements, tax abatements and ad valorem taxes for the City’s share of the cost of improvements, all as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments, ad valorem taxes, and tax abatements pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange.
This Bond has been designated by the Issuer as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives.
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IN WITNESS WHEREOF, the City of Northfield, Dakota and Rice Counties, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below.
Dated: August 28, 2014
CITY OF NORTHFIELD, MINNESOTA
(Facsimile) (Facsimile) City Clerk Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
BOND TRUST SERVICES CORPORATION
By Its Authorized Representative
______
The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT ______Custodian ______in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors
JT TEN -- as joint tenants with right of survivorship and Act ...... not as tenants in common (State)
Additional abbreviations may also be used though not in the above list. ______
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ______the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by joint account.)
Please insert social security or other identifying number of assignee
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PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below.
Date of Registration Registered Owner Signature of Registrar
Cede & Co. Federal ID #13-2555119
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EXHIBIT C 2014 Improvement Bonds Levy
Tax Levy
Levy Year Collect Year Amount
2014 2015 $ 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025
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EXHIBIT D Abatement Bonds Levy
Tax Levy
Levy Year Collect Year Amount
2014 2015 $ 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025
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STATE OF MINNESOTA COUNTY AUDITOR-TREASURER’S CERTIFICATE AS TO COUNTY OF DAKOTA TAX LEVY AND REGISTRATION
I, the undersigned County Auditor of Dakota County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Northfield, Minnesota, on August 5, 2014, levying taxes for the payment of $3,345,000 General Obligation Bonds,
Series 2014A of said municipality, dated August 28, 2014, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this ____ day of ______, 2014.
County Auditor-Treasurer Dakota County, Minnesota (SEAL)
Deputy
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STATE OF MINNESOTA COUNTY AUDITOR-TREASURER’S CERTIFICATE AS TO COUNTY OF RICE TAX LEVY AND REGISTRATION
I, the undersigned County Auditor of Rice County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Northfield, Minnesota, on August
5, 2014, levying taxes for the payment of $3,345,000 General Obligation Bonds, Series 2014A of said municipality, dated August 28, 2014, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this ____ day of ______, 2014.
County Auditor-Treasurer Rice County, Minnesota (SEAL)
Deputy
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REGULAR
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Teresa Jensen, Director of Library and IT Services
Subject: Library Building Program Approval
Action Requested: The Northfield City Council approves the Library Building Program and Authorizes proceeding with the Schematic Plan and preliminary budget.
Summary Report: The attached Building Program document articulates the needs and values of the improved library building for the community. It defines required spaces, such as programmatic areas like the Children’s area, entry spaces, service areas, staff spaces, meeting spaces. It also describes what will be in those spaces, such as quantity of seating, study areas, and workspaces in the “Functional Component” tables within each of the Impact Areas defined.
The Building Program also describes challenges and observations within each of the Impact Areas, and includes statements of opportunities for each of these areas, which will help staff and stakeholders identify priorities for the library improvement project. The opportunities listed to alleviate challenges to the building fall within the projected scope of the project, although budget will define how many of these opportunities can be addressed. Solutions to problems that exist that are solvable only with a much larger budget are not included in the Building Program. An example of this would be elevation changes at Washington, 3rd and Division Streets that make entry into the building problematic; limited or difficult parking near the library is another example of an issue beyond the scope of this project.
Because the purpose of the Building Program is to define and quantify programmatic need, specific design possibilities are not included. The possibility of expansion of the building is not ruled out, neither is it articulated in the Building Program.
With the approval of the Building Program by City Council the architects and City Staff will proceed with the next phase of the project; to develop a Schematic Design and to develop a preliminary budget for project costs. Schematic Design will be presented to the City Council in a Work Session on September 23, and come to the Council for approval on October 7th.
Alternative Options: Authorize a different program schedule for Library improvements.
Financial Information: The Library Improvement Project is funded through City funds of up to $1 million and from library gift funds of $300,000 through the G. W. Bunday gift to the library.
Timelines: This project is scheduled to be completed by fall of 2015; see attached Project Schedule # 10
Attachments: Building Program Document Library Agenda July 21, 2014 Library Minutes, Draft July 21, 2014 Project Schedule #10
City of Northfield Public Library PROGRAM STATEMENT
21 July 2014
RoehrSchmitt Architecture in collaboration with ROTHHOLZ Architecture and Design 1
City of Northfield Public Library PROGRAM STATEMENT
❶ Acknowledgements
The City of Northfield in June 2014 engaged the team of RoehrSchmitt Architecture and Rothholz Architecture and Design for the Northfield Public Library Capital Improvement Project.
Thank you to all who participated in the information gathering process and the development of this report. Your insights, comments and knowledge were instrumental in shaping this Program Document and a new Vision for Northfield Public Library.
This Library Program was approved by Northfield Public Library Board 22 July 2014.
City of Northfield City Council
City of Northfield City Staff
Northfield Public Library Board
Northfield Public Library
Community Participants
❷ Introduction
According to the Northfield Public Library Capital Improvement Project’s description: “The purpose of this project is to improve the library’s accessibility, flexibility, and efficiency and thereby provide better community-focused spaces.
While the library continues to be a popular destination in Northfield with visitor count increasing each year, today’s library patron uses the library differently than they did even ten years ago.
The challenge today is not simply about a need for additional square footage, but about the quality and use of library spaces. In order to better enable the library to support its mission and goals it is necessary to create more flexible, accessible and technology enabled meeting, learning, and gathering areas within the library.”
This Program Statement represents a future oriented model and forward looking sustainable approach and philosophy of 21st century library and its role in the community. It is intended to be used as a tool for guiding the design investigation of the Northfield Public Library as it prepares to address the needs and requirements of a changing demographic, growing integrative technology, and innovative programming.
Northfield Public Library Mission
The City of Northfield is dedicated to providing effective and responsive public services to develop and enhance a livable and vibrant community
The Northfield Public Library strengthens community, supports literacy, provides access to information, and fosters lifelong learning and enrichment
Library Long Range Planning Committee
- Foster education and literacy and support life-long learning. - Support workforce and economic development in our community. - Enhance our diverse and vibrant community through collaborative partnerships. - Promote community awareness and use of the full range of services provided by our public library. - Ensure library resources – collections, programming, and services – are responsive to the needs and aspirations of our community.
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City of Northfield Public Library PROGRAM STATEMENT
❸ Key Objectives, Needs and Aspirations
The vision of the Northfield Public Library project builds upon the legacy of this historic building and the library as a community resource. The project shall strategically impact areas in order to maximize response to programmatic requirements. The project acknowledges the 1985 addition and celebrates the historic character.
References to square footage in this Program Summary are a guide.
The project design shall represent significant improvement, will provide an expansion to the existing building, and both leverage and re-assign existing area to accommodate new and increased program requirements within the parameters of the existing building and site, and the approved budget.
A key objective is to maximize the investment, demonstrate visible change and strengthen the library as center of civic life.
“The Long Range Planning Group has tentatively outlined the following programming and service objectives and aspirations:
- Expand the library’s role from providing services to the community in the library to library programming and services both in the library and outside of the library, partnering with community organizations who share similar missions - Facilitate access to and participation in the digital library resources and the digital economy - Offer a wide variety of programming and services for patrons of all ages that demonstratively support literacy and learning - Provide the facilities that support literacy, learning and collaboration.
In order to provide library services to day and into the future, the following critical needs have been identified:
- Adaptable meeting and gathering spaces for a wide range of library and public activities - Flexible children’s spaces that allow for in-library programming, access to children’s electronic resources, movable shelving for print and media collections, and caregiver and child friendly interactive learning space - Accessible public and staff spaces, including library entrances, lobby, staff workroom, public restrooms and public circulating space for better ADA accessibility - Effective staff work space for direct public service desks and off-desk responsibilities, including processing, materials - handling and library program planning.”
The Library shall be:
- Welcoming. - Intuitive to use. - Accessible. - Efficient and flexible for library operations. - Accommodate creative programming. - Accommodate a diversity of needs of individuals including intergenerational use, children, teens, seniors, researchers, customers who quickly browse or pick up reserved materials and self-checkout, adults with disabilities who access the children’s area, laptop users, browsers, families, individuals for whom English is a second language, etc. - Safe for the community and staff. Visual sight lines shall be open for staff to the library areas. Corners and hard to see areas shall be minimized. - Daylight shall be maximized. Lighting shall serve to generally illuminate, highlight and shape the library interior spaces. The library shall be a “lantern” during evening hours. - Energy efficient and sustainable. Best practices will be applied to specify materials, systems and products that are manufactured sustainably and are industry recognized certified for sustainable practices. Electrical, lighting and mechanical system upgrades will be energy efficient.
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City of Northfield Public Library PROGRAM STATEMENT
❹ Historic Overview
The Northfield Library is a designated historic building. At the federal level, the property is listed in the National Register of Historic Places (NRHP) as contributing member of the Northfield Historic District. The Northfield Historic District is also a local landmark within the city of Northfield. The community values the historic structure and the 1984 addition and anticipates that the original building will be respected and honored.
Review Process:
Because the library has both federal and local historic designation, work on the property is subject to design guidelines and approvals. The Northfield Heritage Preservation Commission (HPC) will need to approve exterior alterations, including new construction, for the building. The HPC meets on the third Thursday of each month. The necessary forms for the project (as well as the Downtown Preservation Guidelines which the project will need to follow) are available on the HPC website: http://ci.northfield.mn.us/index.aspx?NID=106
Additionally, if renovations to the library utilize any federal funding, the project will need to obtain approvals through the State Historic Preservation Office.
Funding Sources:
The library's historic status also introduces the option for alternate funding streams for the project.
• State Legacy Grant funding is awarded for planning work as well as for bricks/mortar work on NRHP properties. Legacy grants are awarded by the Minnesota Historical Society and involve a competitive grant application.
Secretary of the Interior's Standards:
- Work on the Northfield Library would fall under the category of Rehabilitation, which is defined as: the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
- While all 10 rehabilitation standards are applicable, the most relevant are likely to be:
1) A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
5) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
9) New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10) New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
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City of Northfield Public Library PROGRAM STATEMENT
❺ Impact Areas
The project will focus on enhancing the experience of visiting the library, accessing materials and resources, and delivery of service to the community by impacting critical areas. The impact of improvements to these critical areas will in turn catalyze improvements in operations, programming and service in other areas and work towards achieving the mission, vision and goals. The intent is to design for the digital age, to prepare the library to advance as technology changes and continue to serve the public with access and innovative programming.
Major remodel to the upper level is not anticipated. However, shelving and technology areas will be reconfigured, seating will be added, and lighting will be improved.
The project will also serve as an opportunity for library staff to re-organize the locations of collections. Given the use patterns of the public and the availability of on-line or digitized information, outdated media formats may also be reduced in the future.
Impact Areas are: Entry Sequence / Exterior spaces, Entry Sequence / Library Commons, Self Service Areas, Service Desks, Children’s Area, Places for People, Collaborative Creative Convening spaces, Staff Work Areas.
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City of Northfield Public Library PROGRAM STATEMENT
■ Entry Sequence / Exterior spaces
Objective This is the “first impression” of the library. It should be accessible and developed as a viable place for gathering, informal meetings, and an outdoor reading room, a place to wait for rides, write poetry and enjoy the day. It shall be accommodate municipal events, including musical performance, public use of Wi-Fi, and informal seating areas with benches and tables.
The entry sequence from the street shall be easily accessible for individuals with disabilities, families, seniors and all citizens. The Library shall have clear signage and identity from Division, Washington and Third Street. An open/closed sign shall be easily seen when driving by on Washington Avenue and Division Street.
Challenges / Observations The public enters the library from either Division Street or from Washington Street. Staff has a dedicated entrance directly into the Staff Break room. Deliveries are through a dedicated entrance into the Staff Workroom. There is an additional exit from the existing multipurpose room
The entry sequence to the library from the street can be challenging for staff and the public. - from Division Street, a visitor is challenged by the steep stairs and the lack of clear signage/identity for the library; - from Washington Street, there is no sidewalk, one curb-cut for wheelchairs and strollers, parallel parking adds to the challenge of unloading cars (particularly from both sides) and approaching the Library’s entry plaza; - from Third Street, diagonal parking on downhill slope is especially problematic during winter.
The entry plaza accumulates rain water and gets icy during cold weather. A new handrail was recently installed to assist pedestrians approach the front door to the Library on icy days.
The ability to reserve materials on line, pick them up near the entry on the “holds” shelves and self-check out highlights the need for parking that is zoned for 15 minutes to support this community pattern of use.
Opportunities Shade trees would help to make this space amenable to events and more comfortable for casual seating, citizens waiting for rides and gathering together. Add benches, chairs and tables. Railings to assist people when the plaza is icy.
Inviting to bicyclists, in a separate city project, some parking spaces on Division Street will be replaced by bicycle racks. There is a kiosk for fixing bicycles in this location.
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City of Northfield Public Library PROGRAM STATEMENT
■ Entry Sequence – Library Commons
Objective The Northfield Public Library shall be welcoming, and easily recognizable as the heart of the community and the hub of community activities and a commitment to lifelong learning. Wayfinding shall be intuitive and planning and design shall ease operations and functionality. Visual access from Service Desk is important to monitor activities in this primary entry space. The Library Commons serves as a place to enter the library, get information, catch up with neighbors and friends, as a pre- function space for programs in the Multipurpose Room, and to pick up holds and self-check out books.
Challenges/Observations The existing entry area is constrained and packed with a variety of informational boards, kiosks, and lots of miscellaneous doors that are part of building infrastructure. Entrance from both Division Street and from Washington Street reverts this into a functioning vestibule. The multipurpose rooms and restrooms are not visible from this area, and the entry to the library area is cluttered with security gates and walls separating each discrete area.
Opportunity There is a unique opportunity to open this area, and develop a space that is alive with the daily life of the community as they come to participate in innovative programming, see new books displayed in the “marketplace”, access technology and materials, seek assistance from knowledgeable staff, meet friends, and have fun and an overall enriching, educational immersive experience.
Functional Components COMPONENT EXISTING PROGRAM REQUIREMENT 1 Front Entry, vestibule Provide easy to maintain and durable flooring. Open and transparent space. Visual access from Service Desk. 2 Electronic message board Provide for one wall mounted monitor. 3 Entry to multipurpose room Consideration to orient this space so that it is more open to the Commons and visible to the entry. 4 Restrooms Provide fixtures required per code or Men and Women’s Restrooms. 5 Marketplace Display Area to display new books on both shelving with slat wall end caps, and display tables for 3 DF units face-out book display. 36” L x 24” D x 5 shelves high; 2 display tables / 3 foot diameter or equal 6 Bulletin Board Changeable bulletin boards are required. One for Library notices and one for community 2 notices. 7 Book Return Book return shall be accessed by public in the Commons and also adjacent and accessed 80 SF to Staff Work Room. It shall be large enough to accommodate the volume of closed days/weekend returns. 8 Display Case Consideration to re-use existing. 4’ x 6’ lockable 9 Mechanical room Existing location to remain. 10 Electrical / data room Existing location to remain. 11 Mop sink Existing location to remain. 12 Coat Hooks 20 hooks. Adult and children height 13 Water fountain As required by code. 14 Stroller parking Open area that does not impact general circulation. 4 strollers. 15 SF 15 Bench seating 2 – 3, 6 foot benches 16 Bag Sale shelving Books for purchase. 1 DF unit (may be in alternate 36” L x 24” D x location) 5 shelves high or equal 17 Wall mounted clock 18 Security gate Potential future need. Provide for conduit for electrical and data
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City of Northfield Public Library PROGRAM STATEMENT
■ Self Service Areas
The ability to access a large database of materials throughout the SELCO system is available to Northfield residents. Individuals who reserve materials on-line is increasing. These reserved materials are then shelved near the primary entry on “Holds” shelves and typically self-checked out. Monitoring by staff is required for efficiency.
Objective Provide for a friendly and supportive experience through the incorporation of self service areas where patrons can streamline their visits to the library. Holds will be easily identified and shelved near the entrance; self – check out equipment will be provided in a number of areas with heights that comply with ADA and are accessible for children (who are avid users of self check); public copiers and printers will be distributed and have counter nearby so that individuals can work on projects, collate materials, and organize their paperwork.
Challenges/Observations
The Northfield Library have placed these functional components where the public intuitively needs them. Payment process is currently at the Service Desks. This should be updated so that payment is electronically handled, self-service at the equipment.
Opportunities Provide 24” deep counters nearby to support the needs of users. All functional components shall be placed to encourage ease of use and ease of access.
Functional Components COMPONENT EXISTING PROGRAM REQUIREMENT 1 Holds Materials that have been requested on-line are shelved near the entry for ease of 3 SF units access. They are alphabetized. 36” L x 12” D x 7 shelves high 2 Self - check out Provide millwork or table for self - check out units. Counter space to be 48” L x 3 units total 30”D. ADA height.
LOWER LEVEL: Two units shall be located adjacent to the Information Desk/Holds; and Children’s Area.
SECOND LEVEL: One unit located near Reference Desk. 3 Public copiers and 2 units printers LOWER LEVEL: 1 printer near Service Desk Plan for 1 future unit UPPER LEVEL: 1 printer and 1 copier
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City of Northfield Public Library PROGRAM STATEMENT
■ Service Desks
Objective These critical areas of the library will be easily visible and identified, and provide open sight lines for staff throughout the library. They are key locations for direct service to the community and provide an opportunity for greater efficiency. The desk areas shall be designed ergonomically with an understanding that numerous tasks take place, and that staff shifts during the day. Careful orchestration and understanding of the needs of the service desks will increase efficiency, improve operations and flow, and support the daily work activities of the staff, and the needs of the community.
Challenges/Observations Lower level Service Desk is overly scaled for today’s delivery of services. Reference Desk and Children’s Desk areas are cluttered and lacking of proper storage space. Staff is friendly, welcoming, professional and helpful. They are essential resources and have strong bonds with the community.
Opportunities Appropriate adjacencies are critical to efficient operations at the library. Circulation services shall be located in Staff Area directly adjacent to the Book Return. Children’s Desk shall be located near to Children’s staff area to permit direct views enabling assistance when needed. The Service Desk and the Children’s Desk may be co-located.
Functional Components COMPONENT EXISTING PROGRAM REQUIREMENT 1 Service Desk - Required adjacency to Staff Work Room. 225 GSF - Services include: new cards, answering questions, processing fines, check out. - Accommodate 2 staff. - 1 cash drawer for Friends items, 1 cash drawer for fines, book sales, copies. - Credit card is part of computer. - Library merchandise: t shirts, tote bags and plastic bags. Small display area. - Locked storage for NOOK readers. - 2 drawer lateral file. - Drawers for personal purses – consider lockable “pelican” drawers. - 4 pedestal files. - 2 phones. - Storage for paper for printer. - Staff printer. - 2 computer stations, receipt printers on each computer, power, data, and 2 scanners. 2 Reference Desk - Visibility and easy to identify. 150 GSF - Accommodate one seat for library patron. -1 staff person. - Phone and computer, printer. - 2 drawer lateral file. - Cash drawer. - 1 locking drawer. - 1 SF units 36” L x 12” D x 5 shelves high for Ready Reference materials. - 6 LF of desk space. 3 Children’s Desk - Child friendly. 150 GSF - Preferred adjacency Staff Work Room with 2 workstations for Children’s staff. - Accommodate 1 staff person. - 1 computer, 1 phone, elect/data, printer. - 6 LF of desk space. - Shelving or cabinet storage behind desk for easy access.
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City of Northfield Public Library PROGRAM STATEMENT
■ Children’s Area
Objectives The gem of the library. The space shall be bright and lively, with open visual access throughout and views to the exterior. The Children’s Service Desk shall be easily identified, uncluttered, and inviting for children. The program calls for increases to books, media, seating, collaborative play space, technology, and flexibility for story hour and other children’s programs.
Observations The Children’s Area is clearly identified and is dedicated to children and families. Staff is highly motivated to serve this community and to provide innovative programs and an introduction to learning and literacy. Currently collections and materials spill into adjacent areas for lack of space in the primary area. In general, materials are easy to access, organized according to age group, and scaled for these intergenerational users. Due to the high volume of materials and the popularity of this area, some clearances make for difficult maneuvering. The majority of the shelving in the Children’s Area is wood, non-modular and fixed, which makes it impossible for reconfiguring the area to accommodate groups of children, typically accompanied by an adult, for special programs or story time.
The Northfield Library is unique in that adults with learning disabilities frequent the children’s area and collection. It is recommended that adult seating is provided.
With a remodel to this area, new modular shelving should be anticipated. “Living room” configurations are preferable near the Play Table. Adequate clearance for maneuvering around the space to accommodate ADA clearances is required. Shelving height shall not exceed 5 – high/60 inches.
Opportunities Children’s area shall grow by 30 percent to better accommodate the community’s commitment to learning and literacy and families. New shelving and new furniture should be easily moved, caster-based, to accommodate adequate free floor space for story time and other children’s programming. A variety of seating groupings dispersed throughout the collection will accommodate different age groups, intergenerational families, collaborative play, technology use, and diversity of types of learners.
Functional Components COMPONENT EXISTING PROGRAM REQUIREMENT 1 Children’s Desk See Service Desk page 8 2 Face out 44 cubbies and approximately 25 LF of spine-out New cubbies shall be 11”. Provide 50 cubbies and Picture books shelving underneath. The existing cubbies are too narrow to approximately 25 LF of spine out shelving underneath. accommodate all of the collection 3 Book Collection Variety of shelving. Approximately 285 LF 300 LF 4 Play area Play table 60” x 36” Play table 60” x 36”. Storage for play items. 35 SF. 5 Story time and First Steps In Children’s Area In Children’s Area accommodating 25 children seated on the floor. Larger groups will use the Multi-Purpose Room 6 Media 45 LF 45 LF 7 Storage space Toy Bins 72”L metal shelving x 24” D x 7 high; Consolidate children’s storage. 100 SF miscellaneous spaces throughout the library 8 Book packs Approximately 22 items hanging from wall 22 items may be stored elsewhere, or displayed near Children’s Desk 9 CD collection Cart 45”W x 24”D plus 14 LF shelving 30 LF 10 Computer Seating 1 for games; plus 2 6 total 11 Soft seating 1 loveseat, 3 chairs, 15 LF of bench seating 2 loveseat; 4 chairs; 6’ bench seating or equal. 2 groupings. 12 Periodicals 24” diameter spinner Accommodate 20 titles – no spinners 13 Seating 45” square table/5 seats 42” diameter table/2 seat table/adult height; (2) 42” diameter table/3 seats/children’s height 14 Display case 36” x 16” for historical items This may be located elsewhere in the library 15 Kiosk display For pamphlets, info on summer reading, general information Proximate to desk. May be slat wall or freestanding. TOTAL AREA Approximate 1554 GSF includes Children’s Desk Approximate 2050 GSF includes Children’s Desk
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City of Northfield Public Library PROGRAM STATEMENT
■ Places for People
Objective A diversity of users shall be accommodated. These include people who: - bring their own laptop and need electrical access, - habitually read the daily newspapers, - like to hang out with their friends, - visit to collaborate, - come to the library to tutor, - appreciate a comfortable place to settle in with a good book, - prefer to rearrange the furniture, - use staff expertise, - use library’s on-line resources, - love to browse, - use collection computers and databases for job searching, - enjoy being in the library space, - stop in during a downtown errand, - require support from librarians.
Opportunities Seating shall reinforce the architectural “bones” of the building, orientation to daylight, help to shape space, and take advantage of views to the exterior. Areas will include groupings of lounge chairs, tables and chairs, counters/carrels for technology. Providing a diversity of groupings will address differing needs.
Based on observation by staff of library usage by teens, teens access many areas of the library, not just teen collection. It was determined that the Teen collection of materials will have a special area, along with two adjacent “plug and play” areas. However, additional soft seating and table and chair seating will be integrated throughout other collections in the library.
Children’s area requirements are addressed separately.
Functional Components COMPONENT EXISTING PROGRAM REQUIREMENT 1 Soft seating 17 35 2 Tables and chairs 2 tables with 4 seats each; 1 high top table with 2 tables with 4 seats each; 1 seat 2 tables with 2 seats each 3 Computer seating 18 total plus 2 laptops 20 total. UPPER LEVEL: 16 LOWER LEVEL: 4 Plus 2 laptops 4 Perimeter counter seating 8 12 with “plug and play” capability 5 Bench 1 2-3 library benches in Library Commons, near new materials and one near entry TOTAL AREA ADD approximate 350 GSF (takes into consideration that new computer seating will be more efficient than existing configuration)
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City of Northfield Public Library PROGRAM STATEMENT
■ Collaborative, Creative and Convening Spaces
Objective Three flexible, adaptable, easy to maintain meeting and gathering spaces are proposed for a wide range of library and civic activities.
Multipurpose Room shall accommodate: Classroom configurations, seminar style configurations, Children’s programming and activities and story time, and “Maker Space” creative, artistic, performance space, etc. May be divisible with partition to create two spaces as permitted by code. Consideration for utilization with laptops. Provide electrical.
Small Meeting Room shall accommodate: tutoring, test taking, collaborative work, meeting, etc.
Medium Meeting Room shall accommodate: Small classes, collaborative work, and maker space for computer graphics/3d modeling.
Observation The existing meeting room does not adequately support the range and quantity of programs that are generated by the library and the community. It functions predominantly as a children’s space, as a result it is less desirable for any adult event. Sight lines are constrained by columns.
Functional Components COMPONENT EXISTING PROGRAM REQUIREMENT 1 L - Accommodate 50 classroom style Large Multipurpose - Ceiling mounted projector - Projection screen - Smart Board - White board - Flooring shall be durable and allow for art projects - Storage 200 SF for chairs and tables and program materials - New stacking/nesting chairs and tables - Counter and upper and lower storage - Adjacent to small kitchenette - Lighting programmed for different “scenarios” - Divisible partition for use as two spaces is permitted by code in existing configuration - Used as “maker space”. Creative. 500 SF 2 M - Accommodate 10-12. Table and chairs. Medium space - “Maker space” - Storage 325 SF 3 S - -Accommodate 4.Table and chairs Small space - White board 120 SF
■■■ Miscellaneous Spaces
Friends of the Northfield Library require storage. 50 SF is estimated.
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City of Northfield Public Library PROGRAM STATEMENT
■ Staff Work Areas
Objective Provide staff with ergonomic, well-planned space to support their needs for materials flow, creative planning, collaboration, processing, and circulation.
Observations Staff work areas are currently on both levels. This Program suggests that little change is anticipated for the Upper Level staff areas except for the Reference Desk, and little change to the Staff Break room. Program requirements for the Lower Level Staff Work Area are indicated in the following table.
Required Adjacencies: Book Return; Service Desk; Children’s Area; Delivery Entrance
Functional Components: Lower Level COMPONENT EXISTING PROGRAM REQUIREMENT 1 Processing L shaped area. 30” D counter. Counter height 35”. Open and closed shelving 80 SF above and below counter. Total 30 LF of book shelves. Electrical access at belt line of counter. Small hand sink. Accommodates one staff person. Space for 4 book carts. 2 ILL U shaped area. 24” deep counter. Open shelves above counter. Counter height 80 SF 35”. Two pedestal files. Includes work area for processing the books that arrive n 10 – 18 tubs per each delivery, and a staff work station. Adjacent to door for deliveries. Open below counter for temporary storage of tubs. Accommodates one staff person. Space for 4 book carts. 3 Circulation 30” D x 6’ L counter for scanning in. 8 Book carts for sorting. Adjacent to Book 120 SF Return. Accommodate one staff person. 4 Workstations L shaped workstation, pedestal files, computer, power, data, phone, task chair 128 SF per workstation. Accommodates 2 staff people. 64 SF each 5 Children’s Staff Preferably w direct access from Work Room to Children’s Desk. 128 SF Accommodates 2 staff people. 64 SF each 6 Storage Reams of paper, office supplies, shelving 75 SF 7 Book carts 8 additional book carts in space 40 SF 8 Collaboration Space Alternatively, staff could use one of the meeting rooms 150 TOTAL AREA 461 GSF in existing staff room 800 SF (plus 30 % gross factor) = 1040 GSF
8 Staff Break room Lockers to accommodate 14 310 SF in existing Table and 4 chairs location Refrigerator, microwave, sink 2 soft lounge seats Secure entrance from interior and exterior Staff unisex restroom Adjacent to Staff Work Room Trash and recyclables Bulletin board 9 Miscellaneous There are over 20 book carts in the building. Card readers at access points for staff.
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City of Northfield Public Library PROGRAM STATEMENT
❻ Reference Documents
Northfield Public Library Capital Improvement Project Request for Proposal May 5, 2014
Council Work Session Library Presentation, July 9, 2013
Interim Space Planning, Rethink, Re-envision, Redesign Proposal, December 13, 2012 by Library Consulting Inc.
Library Long Range Plan 2008-2012; Long Range Plan Appendix A with Action Steps
The Future of Our Public Library. Community Conversation sponsored by Friends and Foundation of Northfield Public Library and League of Women Voters of Northfield and Cannon Falls, March 12, 2012
Residential Survey, January 2011 by Decision Resources
The Economic, Cultural and Social Importance of the Northfield Public Library as the City Center by five St. Olaf College students, Spring 2010
Northfield Public Library Existing Building Expansion Feasibility Study, June 17, 2008 by MS&R
Northfield Public Library Preliminary Report and Community Needs Assessment and Space Needs, April 2006 by Robert H. Rohlf Associated and MS&R
Northfield Public Library Priorities Survey of staff and stakeholders, sponsored by Board, Friends and Foundation Board (FFOL)
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Northfield Public Library Monday, July 21, 2014 Library Board Special Meeting 6:30 – 7:00 pm Library Meeting Room AGENDA
1. Call to order
2. Approval of Agenda
3. Public Comment: This is the opportunity for residents of Northfield to address the Library Board on items on the agenda and/or related to the mission of the Library
4. New business Approval of the Library Building Program
Next Library Board meeting: Wednesday, August 6, 2014, 7:00 p.m., in Library Meeting Room
Northfield Library Board SPECIAL MEETING MINUTES RECORD
Meeting: Special Library Board Meeting Date: July 21, 2014 Location: Library Meeting Room Start time: p.m.6:33 p.m. Adjourn time: p.m. 7:00 p.m. Members present: Char Carlson, Noah Cashman, Jon Denison, Amy Goerwitz, Hans Muessig, Dan Riehle- Merrill, Jen Rothmeyer, and Nick Thompson Members absent: Adrienne Falćon and Ally Wiese Others present: Sarah Weiner (Architect), Michael Roehr (Architect), Teresa Jensen (Staff Liaison), Laurie Kodet (Staff), Kathy Rush (Staff), and Pat Stenglein (Clerical Liaison)
Call to Order The meeting was called to order at 6:30 p.m. by Chair C. Carlson
Approval of agenda It was moved by D. Riehle-Merrill and for Monday seconded by H. Muessig to approve the July 21, 2014 agenda of July 21, 2014. All in favor. Motion carried.
Public comment No public comment
New Business Approval pf the Sara Weiner and Michael Roehr presented the Library It was moved by N. Cashman Library Building Building Program and explained its framework. and seconded by H. Muessig to accept Program Questions from the Board and discussion followed. the Library Building Program dated July 21, 2014 as amended with references to sustainability and historical preservation and references to the Children’s area. All in favor. Motion carried.
Adjourn Time: 7:00 p.m. Meeting adjourned at 7:00 p.m.
Submitted by P. Stenglein, Clerical Liaison
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Northfield Public Library Schedule_10 ID Task Name Duration Start Finish 2015 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 1 PREDESIGN 77 days Mon 6/23/14 Tue 10/7/14 2 Kick Off Meeting 0 days Mon 6/23/14 Mon 6/23/14 6/23 3 Programming Staff Focus Sessions 0 days Tue 7/1/14 Tue 7/1/14 7/1 4 MEETING Core Team: Review Program 0 days Mon 7/7/14 Mon 7/7/14 7/7 5 Submit Program for Final Review/Comments 4 days Mon 7/14/14 Thu 7/17/14 6 Revise Program and submit for Approval 0 days Fri 7/18/14 Fri 7/18/14 7/18 7 MEETING CORE TEAM: Design concepts 4pm 0 days Mon 7/21/14 Mon 7/21/14 7/21 8 LIBRARY BOARD Program review 6:30pm 0 days Mon 7/21/14 Mon 7/21/14 7/21 9 COMMUNITY Meeting: Vision 7-9pm 0 days Mon 7/21/14 Mon 7/21/14 7/21 10 Submit Program to TDJ for CITY COUNCIL 0 days Tue 7/29/14 Tue 7/29/14 7/29 11 MEETING Core Team: Design review 4pm 0 days Wed 8/6/14 Wed 8/6/14 8/6 12 CITY COUNCIL Program approval vote 7pm 0 days Tue 8/5/14 Tue 8/5/14 8/5 13 LIBRARY BOARD:progress 6pm 0 days Wed 8/6/14 Wed 8/6/14 8/6 14 MEETING Core Team:Design review 8:15am 0 days Mon 8/18/14 Mon 8/18/14 8/18 15 Design Team Finalize for Costing Exercise 2 days Mon 8/18/14 Tue 8/19/14 16 Submit drawings & narrative for costing 0 days Tue 8/19/14 Tue 8/19/14 8/19 17 Costing Exercise 9 days Tue 8/19/14 Fri 8/29/14 18 MEETING Core Team: Review costs 8:15am 0 days Tue 9/2/14 Tue 9/2/14 9/2 19 Design Team/Consultants Refine/Complete 3 days Tue 9/2/14 Thu 9/4/14 20 Submit docs to TJ for LIBRARY BOARD 0 days Thu 9/4/14 Thu 9/4/14 9/4 21 Potential Donor Meeting LB 0 days Tue 9/9/14 Tue 9/9/14 9/9 22 Present to LIBRARY BOARD 7pm 0 days Wed 9/10/14 Wed 9/10/14 9/10 23 COMMUNITY Meeting: Design Review 7pm 0 days Mon 9/15/14 Mon 9/15/14 9/15 24 Submit info to HPC 0 days Thu 9/11/14 Thu 9/11/14 9/11 25 Informational to HPC (date TBD) 0 days Thu 9/18/14 Thu 9/18/14 9/18 26 Submit docs to TJ for City Council mtg 0 days Tue 9/16/14 Tue 9/16/14 9/16 27 CITY COUNCIL Presentation/work session 7pm 0 days Tue 9/23/14 Tue 9/23/14 9/23 28 Submit docs to TDJ for City Council meeting 0 days Tue 9/30/14 Tue 9/30/14 9/30 29 CITY COUNCIL Approval vote 7pm 0 days Tue 10/7/14 Tue 10/7/14 10/7 30 DESIGN DEVELOPMENT 25 days Wed 10/8/14 Tue 11/11/14 31 Documentation/Design/Coordination 25 days Wed 10/8/14 Tue 11/11/14 32 Furniture Options 20 days Wed 10/8/14 Tue 11/4/14
072814 ROTHHOLZ Architecture and Design in collaboration with RoehrSchmitt Architecture Northfield Public Library Schedule_10 ID Task Name Duration Start Finish 2015 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 33 Cost Estimate 5 days Wed 11/5/14 Tue 11/11/14 34 CONSTRUCTION DOCUMENTS 50 days Wed 11/12/14 Tue 1/20/15 35 Documentation/Design/Coordination 40 days Wed 11/12/14 Tue 1/6/15 36 Cost Estimate 10 days Wed 1/7/15 Tue 1/20/15 37 REVIEW BY CITY 15 days Mon 1/19/15 Fri 2/6/15 38 City Council 0 days Fri 2/6/15 Fri 2/6/15 2/6 39 Issue Drawings for BID 20 days Mon 2/9/15 Fri 3/6/15 40 NEGOTIATION and AWARD 10 days Mon 3/9/15 Fri 3/20/15 41 CONSTRUCTION (estimate) 120 days Mon 3/23/15 Fri 9/4/15 42 MOVE IN 10 days Mon 9/7/15 Fri 9/18/15
072814 ROTHHOLZ Architecture and Design in collaboration with RoehrSchmitt Architecture REGULAR
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Scott Tempel, City Planner
Subject: Text and Zoning Map Amendment: Central Valley Co-op, 1480 South Highway 3
Action Requested: The Northfield City Council is being asked to give a first reading of Ordinance No. 960 for a Rezoning from Highway Commercial (C2-B) to Industrial (I1-B) for a 3.8 acre parcel of land at 1480 South Highway 3.
Summary Report: Central Valley Co-op has run various industrial operations on multiple parcels in Northfield for decades. The parcel located at 1480 South Highway 3 is currently used for the storage and retail distribution of Liquefied Propane Gas (LPG). The applicant is requesting that one new 30,000 gallon propane storage tank be located adjacent to the two existing 30,000 gallon propane tanks. Additional storage at the facility will offset the loss of a pipeline into Minnesota and reduce the frequency of inbound LPG shipments. This will allow Central Valley to retain its current customer base, employees and continue to operate out of this location.
Bulk storage of liquids is defined as a use associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids. Table 2.7-1 of the Land Development Code (LDC) classifies the bulk storage of liquids as non-permitted use in the C2-B zoning district and a conditional use in the Industrial Zoning District (I1-B). The current LDC classifies this parcel as Highway Commercial (C2-B). In order for the current site plan application and building permit to be approved, the site must be rezoned as Industrial and a Conditional Use Permit (CUP) must be approved.
The parcel is contiguous to the existing I1-B zoning district and meets the criteria for Industrial zoning. The parcel meets all of the approval criteria for a zoning map amendment listed in 5.5.14 of the LDC. This property meets the Site Development Standards for the Industrial Zone District as defined in Article 3 of the LDC, Sec. 3.2.5. Of particular interest to this case, buffering and screening requirements must be adhered to when bordering other zones and a well landscaped buffer exists between the property and the C2-B zone on the north. Any building within 150 feet of the property line adjacent to Highway 3 or Highway 19 shall comply with the C2-B Site Development Standards found in Section 3.2.4; however, no buildings exist or are proposed within 150 feet of the property line.
A public hearing notice was published in the Northfield News on July 12, 2014, and notices were sent to the affected property owners on July 9, 2014. No written or verbal public comments were received from affected property owners regarding the proposed rezoning. On July 24, 2014, the Planning Commission held a public hearing on the property rezoning and recommended approval to the City Council for the rezoning from Highway Commercial to Industrial based on the following findings:
(1) The specific policies, goals, objectives, and recommendations of the comprehensive plan and other city plans, including public facilities and the capital improvement plans. This property is identified as District context zone in the Comprehensive Plan. The District context zone is primarily composed of large business or industrial structures located along collectors and arterial roadways. According to the Comprehensive Plan, no change in future character is anticipated in these areas with respect to future development. The proposed rezoning of this parcel back to Industrial is consistent with the Comprehensive Plan as it allows for continued utilization of this District for large business and industrial operation.
(2) The purpose and intent of this LDC, or in the case of a map amendment, whether it meets the purpose and intent of the individual district. a. The I1-B district should generally apply to those areas designated as "District" on the framework map of the comprehensive plan. This property is identified as District context zone in the Comprehensive Plan.
b. The purpose of the Industrial (I1-B) district is to provide an area to accommodate 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. This service business was in existence prior to the adoption of the current code. It will remain compatible with the overall character of the corridor.
c. Amendments to the Official Zoning Map to expand the I1-B district shall be limited to areas immediately adjacent to an area currently zoned I1-B. Expansion into areas not currently abutting the I1-B district shall be prohibited. The subject property is immediately adjacent to the existing I1-B zone.
(3) The adequacy of infrastructure available to serve the proposed action. The property is served by adequate public utilities for the proposed use, including existing water and sanitary sewer mains and adequate access for emergency vehicles.
(4) The adequacy of a buffer or transition provided between potentially incompatible districts. A well landscaped buffer exists between the property and the C2-B zone on the north.
Tentative Timelines: Second Reading of this Ordinance is scheduled for Tuesday, August 19th, 2014. If the second reading of this Ordinance is approved, the City Council will also be asked to approve a Conditional Use Permit (CUP) to allow the bulk storage of liquids on this site.
Attachments: 1. Central Valley Co-op Location Map 2. Old Zoning Map 3. Current Zoning Map 4. Central Valley Co-op Above Ground Tank Locations 5. Ordinance No. 960 – Central Valley Co-op
Cannon Valley Co Op - "Old Zoning"
Disclaimer: This information is to be used for reference purposes only. Property data from Dakota & Rice Counties is approximate and not legally binding. Map created on Jul 11, 2014 10:29. Contact the appropriate county with property corrections. © 2014 City of Northfield, All Rights Reserved Cannon Valley Co Op - Current Zoning
Disclaimer: This information is to be used for reference purposes only. Property data from Dakota & Rice Counties is approximate and not legally binding. Map created on Jul 11, 2014 10:21. Contact the appropriate county with property corrections. © 2014 City of Northfield, All Rights Reserved B O L LE N B A C H E R
D
R
CENTRAL VALLEY COOP
HWY 3 S
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CENTRAL VALLEY COOP
ABOVE GROUNDCLINTON TANK LN LOCATIONS
FRONTAGE RD Legend Updated: 7/23/2014 Feet 50 25 0 50 Location: V:\Projects\Community Development\Central Valley Coop\cvc_tank_locs.mxd
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF NORTHFIELD, MINNESOTA,
THE CITY COUNCIL OF THE CITY OF NORTHFIELD DOES ORDAIN THAT:
SECTION 1. Upon the recommendation of the Northfield Planning Commission, the following described real property located at 1480 South Highway 3 in the City of Northfield, County of Rice, State of Minnesota, is hereby rezoned from Highway Commercial (C2-B) to Industrial (I1-B).
SECTION 2. The official zoning map of the City of Northfield, as set forth by authority of Northfield Code Sec. 2.1, shall be amended accordingly.
SECTION 3. This Ordinance shall take effect 30 days after its publication.
Passed by the City Council of the City of Northfield, Minnesota, this 19th day of August, 2014.
ATTEST:
Deb A. Little Dana S. Graham ______City Clerk Mayor
First Reading: 08/05/2014 Second Reading: 08/19/2014 Published:
VOTE: GRAHAM POWNELL ZWEIFEL PETERSON WHITE NAKASIAN LUDESCHER DELONG REGULAR
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Jasper Kruggel, GIS & Engineering Technician
Subject: Approve Purchase of Gleason Property for Regional Park
Action Requested: The Northfield City Council hereby approves Resolution 2014-090 authorizing the purchase of parcels 2202450001, 2211200003, 2211275002, and 2211154011.
Summary Report: City staff has prepared a purchase agreement with the assistance of legal counsel, for the City to acquire parcels 2202450001, 2211200003, 2211275002, and 2211154011 from Gleason Real Estate Holdings, totaling +/-62.96 acres, for the amount of $195,000.
Per the purchase agreement, prior to closing, the City will be evaluating possible contamination on the site by conducting ten soil borings along the proposed East Cannon Trail corridor. Also, an Archeological Phase 1 study will be conducted and amended to the Archeological Phase 1 conducted in 2011. Along with flagging potential archeological hot spots on this property, this Phase 1 is required by the State Historic Preservation Office (SHPO) to satisfy requirements attached to our 2014 Legacy Park Grant.
A 1.53 acre parcel was identified through a preliminary title search as not being owned by Gleason Real Estate Holdings (Attachment 5). The true owner of this parcel is currently unknown, but is being actively being researched. Per that discovery the purchase acreage has been decreased to +/-62.96 acres. The purchase price is remaining the same after negotiating with the seller that they will not try and pursue any back taxes, fees, or assessments from the City of Northfield due to this error in describing the true parcel boundaries. This directly affects the stormwater utility fees we have been charging on the property since 2008. Staff believes this to be reasonable since the true cost in staff time and legal counsel fees may exceed the appraised value reduction of the 1.53 acre parcel, which is $4,526.
Once the owner of the 1.53 acre parcel is identified, we will pursue acquisition. Staff has been in communication with the grant coordinator and they are aware and agreeable to acquiring this additional parcel when the owner is identified.
On March 20, 2014 the Planning Commission reviewed this purchase of real property and gave an endorsement to City Council that the acquisition of these parcels is in compliance with the Comprehensive Plan.
The parcels acquired via this transaction will be associated with three grants the City has been awarded; a 2009 Legacy Trail grant in the amount of $274,000, a 2014 Legacy Regional Park Grant in the amount of $408,000, and a 2014 Federal Recreation Trail Program Grant in the amount of $120,000.
City staff recommends approving this purchase agreement to acquire these parcels.
Alternative Options: Council may decide not to acquire these parcels, effectively losing grants totaling $805,500.
Financial Impacts: Acquiring these parcels at $195,000 while using the 2014 Legacy Park Grant portion of $117,304 designated to purchase these four properties, leaves $77,696 for the City to pay. This amount will come from the General Fund.
Timelines: Once approved, and subsequent soil borings and Archaeological Phase 1 are conducted, closing on this property will occur within 15 days.
Attachments:
1. Resolution 2014-090 2. Gleason Real Estate Holdings Purchase Agreement 3. 2011 Archeological Phase 1 Study 4. March 20, 2014 Planning Commission Meeting Minutes 5. Corner Parcel Map 6. Map of Gleason Real Estate Property to be acquired
CITY OF NORTHFIELD, MINNESOTA CITY COUNCIL RESOLUTION 2014-090 APPROVING THE PURCHASE OF REAL PROPERTY IN NORTHFIELD, MINNESOTA
WHEREAS, The City of Northfield (“City”) desires to acquire certain real property located in Northfield, Minnesota, legally described as:
PARCEL A (Tax ID Number 22.11.1.54.011):
Outlot E, in GLEASON THIRD ADDITION, in the City of Northfield, Rice County, Minnesota.
PARCEL B (Tax ID Number 22.02.4.50.001):
That part of the SW 1/4 of the SE 1/4 of Section 2, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, described as follows:
Commencing at the southeast corner of the SW 1/4 of the SE 1/4 of said Section 2; thence North 54 Rods and 9 Links; thence West 12 Rods to the bank of the Cannon River; thence along the river bank to the west line of said Quarter Section; thence south to the quarter post; thence East 79 Rods to the place of beginning; excepting therefrom that portion platted as “NORTHFIELD RIVERVIEW ADDITION”, in the City of Northfield, Rice County, Minnesota.
PARCEL C (Tax ID Number 22.11.2.00.003):
That part of the N 1/2 of the NW 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, lying easterly of the Cannon River; and also the NW 1/4 of the NE 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota;
EXCEPTING THEREFROM that portion thereof platted as “NORTHFIELD RIVERVIEW ADDITION”, in the City of Northfield, Rice County, Minnesota and “NORTHFIELD RIVERVIEW THIRD ADDITION”, in the City of Northfield, Rice County, Minnesota.
ALSO EXCEPTING THEREFROM that portion thereof platted as “NORTHFIELD RIVERVIEW FOURTH ADDITION”, in the City of Northfield, Rice County, Minnesota.
ALSO EXCEPTING THEREFROM that portion thereof platted as GLEASON THIRD ADDITION, in the City of Northfield, Rice County, Minnesota.
ALSO EXCEPTING THEREFROM that part of the W 1/2 of the NE 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, NORTHFIELD RIVERVIEW THIRD ADDITION, City of Northfield, Rice County, Minnesota; thence North 50°07’47” West, along the Southwesterly line of said Lot 1, a distance of 5.00 feet to the point of beginning of the land to be described; thence North 50°07’47” West, along said southwesterly line, a distance of 634.07 feet to the most westerly corner of said Lot 1; thence South 39°52’13” West, a distance of 60.00 feet; thence South 50°07’47” East, a distance of 634.07 feet; thence North 39°52’13” East, a distance of 60.00 feet to the point of beginning.
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ALSO EXCEPTING THEREFROM that part of the W 1/2 of the NE 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, NORTHFIELD RIVERVIEW THIRD ADDITION, City of Northfield, Rice County, Minnesota; thence North 50°07’47” West, along the Southwesterly line of said Lot 1, a distance of 5.00 feet; thence South 39°52’13” West, a distance of 60.00 feet to the point of beginning of the land to be described; thence North 50°07’47” West, parallel with the southwesterly line of said Lot 1, a distance of 634.07 feet; thence South 39°52’13” West, a distance of 60.00 feet; thence South 50°07’47” East, a distance of 634.07 feet; thence North 39°52’13” East, a distance of 60.00 feet to the point of beginning.
PARCEL D (Tax ID Number 22.11.2.75.002):
That part of the S 1/2 of the NW 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, lying easterly of the Cannon River, EXCEPTING THEREFROM that portion thereof platted as GLEASON THIRD ADDITION, in the City of Northfield, Rice County, Minnesota.
excepting any easements and rights benefiting or appurtenant to the Real Property and improvements including any right, title or interest in the bed of any street, road, highway or alley adjoining the Real Property.
, referred to herein as the “Property”; and
WHEREAS, the owner/seller of the Property is willing to sell the Property to the City for One Hundred Ninety-Five Thousand Dollars ($195,000.00), including Nineteen Thousand One Hundred Dollars ($19,100.00) earnest money; and,
WHEREAS, a draft purchase agreement has been prepared and is attached hereto as Exhibit A; and,
WHEREAS, in accordance with the attached draft purchase agreement, the owner/seller and City expressly understand and agree that the purchase of the Property is contingent upon approval by the City Council of the City of Northfield; and,
WHEREAS, if any transaction approval as provided in the purchase agreement is not obtained by the closing date stated in the purchase agreement, the purchase agreement shall then be null and void, without further obligation by either party; and,
WHEREAS, as required by Minnesota Statutes, Section 462.356, the Northfield Planning Commission has reviewed the proposed acquisition, and on March 20, 2014 passed a motion finding that the proposed acquisition is in compliance with the City’s comprehensive plan and reported the same in writing to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT: The City Council hereby approves the attached purchase agreement and authorizes and directs the Mayor and City Clerk to execute the purchase agreement substantially in the form hereby approved and such other documents as are necessary to close on the purchase of the Property by the City of Northfield and record the same in the Office of the Rice County Recorder.
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PASSED by the City Council of the City of Northfield on this 5th day of August, 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ POWNELL ___ ZWEIFEL ___ PETERSON WHITE ___ NAKASIAN ___ LUDESCHER ___ DELONG
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VACANT LAND PURCHASE AGREEMENT
THIS AGREEMENT is made as of August 6, 2014, between Gleason Real Estate Holdings LLLP, a limited liability limited partnership under the laws of the State of Minnesota, 110 Bank Street Southeast, #2004, Minneapolis, Minnesota 55414 (herein the “Seller”), and the City of Northfield, a Minnesota municipal corporation, 801 Washington Street, Northfield, Minnesota 55057 (herein the “Buyer”).
In consideration of the covenants and agreements of the parties hereto, Seller and Buyer 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:
A. Real Property. The real property located in Rice County, Minnesota, legally described as follows:
PARCEL A (Tax ID Number 22.11.1.54.011):
Legal description on Appendix A and depiction on Appendix B are attached hereto and incorporated herein by reference.
PARCEL B (Tax ID Number 22.02.4.50.001):
Legal description on Appendix A and depiction on Appendix B are attached hereto and incorporated herein by reference.
PARCEL C (Tax ID Number 22.11.2.00.003):
Legal description on Appendix A and depiction on Appendix B are attached hereto and incorporated herein by reference.
PARCEL D (Tax ID Number 22.11.2.75.002):
Legal description on Appendix A and depiction on Appendix B are attached hereto and incorporated herein by reference.
excepting any easements and rights benefiting or appurtenant to the Real Property and improvements including any right, title or interest in the bed of any street, road, highway or alley adjoining the Real Property (herein collectively the “Real Property”).
B. 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”).
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C. Warranties. Seller’s interest in all warranties and guaranties, if any, given to, assigned to or benefiting Seller or the Real Property, regarding the acquisition, construction, design, use, operation, management or maintenance of the Real Property (“Warranties”).
D. Proceeds. Seller’s interest in and to any insurance or condemnation proceeds hereinafter received relating to the Real 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 Real Property shall be a total of One Hundred Ninety-Five Thousand and 00/100 Dollars ($195,000.00), allocated among the parcels of Real Property as follows:
Parcel A: Thirty Thousand and 00/100 Dollars ($30,000); Parcel B: Forty-Five Thousand and 00/100 Dollars ($45,000); Parcel C: Sixty Thousand and 00/100 Dollars ($60,000); and Parcel D: Sixty Thousand and 00/100 Dollars ($60,000). The aforementioned sums shall be payable as follows:
A. Earnest Money. Nineteen Thousand Five Hundred and 00/100 Dollars ($19,500.00) as earnest money (“Earnest Money”), which Earnest Money shall be held by Seller, the receipt of which Seller hereby acknowledges; and
B. Balance of Purchase Price. The balance, One Hundred Seventy-Five Thousand Five Hundred and 00/100 Dollars ($175,500.00), by check to be paid on the Closing Date.
3. CLOSING. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on the earlier of: (i) the fifth (5th) business day after the full execution of this Agreement; or (ii) August 13th, 2014, at Northfield City Hall, 801 Washington Street, Northfield, Minnesota 55057, or at such other time and place as may be agreed to mutually by the parties. Seller agrees to deliver possession of the Real Property to Buyer on the closing date.
A. Seller’s Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, “Seller’s Closing Documents”):
(1) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer, conveying the entirety of Seller’s interest in the Real Property to Buyer.
(2) 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
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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.
(3) Well Certificate. If there are wells on the Real Property, a Well Certificate in the form required by Minn. Stat. § 1031.
(4) 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.
(5) Abstract. The abstract of title or the owner’s duplicate certificate of title for the Real Property, to the extent that it is in the Seller’s possession or control.
B. Buyer’s Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, “Buyer’s Closing Documents):
(1) Purchase Price. The Purchase Price, by check.
(2) Resolution. A duly certified resolution of the City Council for the City of Northfield authorizing the purchase of the Property and the execution of documents necessary to complete this purchase transaction.
(3) Wetland Description. A legal description of a three point nine eight (3.98) acre wetland, to be recorded by Seller on the Closing Date.
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. On the Closing Date, the title to the Real Property shall be acceptable to Buyer in accordance with the provisions of Section 6.
B. The representations and warranties of Seller shall be true and correct in all material respects up through and including the Date of Closing.
C. There has been no material adverse change to the condition of the Real Property since the date of any inspection or testing performed by Buyer, including, without limitation the soil sampling conducted by Buyer.
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D. Buyer shall have had an opportunity to review the results of soil borings conducted on the Real Property, and have determined the results to be acceptable prior to signature of this Agreement. The results of other testing conducted during the Due Diligence / Inspection Period in Section 9 shall have been determined to be acceptable prior to the Buyer’s obligation to close.
The contingencies in this section are solely for the benefit of, and may at any time be waived by, the Buyer.
5. PRORATIONS. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement.
A. Title Insurance and Closing Fee.
(i) Seller shall pay Old Republic National Title Insurance Company’s (the “Title Company”) search, examination and commitment fees along with one half of any reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company and one half of the cost of any commercially reasonable endorsements required by Buyer.
(ii) Buyer will pay the premium for its title insurance policy and one half the cost of any commercially reasonable endorsements it requires, along with one half of any reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company.
B. Deed Tax. Seller shall pay all state deed tax regarding the deeds to be delivered by Seller under this Agreement pursuant to Paragraph 3(A)(1).
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 installments of special assessments that are due and payable in 2013 and all prior years. Installments of special assessments which are due and payable in 2015 and later years shall be paid by Buyer. General real estate taxes and installments of special assessments 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 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. If general real estate taxes and installments of special assessments that are due and payable during the year in which the Closing 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 takes place have been determined by the 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
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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.
E. Other Costs. All other operating costs of the Real 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 EXAMINATION.
A. The Delivery of the Title Commitment. Seller has provided Buyer with a current commitment for an owner’s policy of title insurance on July 16, 2014 (hereinafter the “Title Commitment”). The Title Commitment shall be based upon the description of the Real Property provided herein and shall show fee title in the Seller, subject only to the permitted encumbrances set forth on Appendix C (the “Permitted Encumbrances”) and such other encumbrances as may be waived in writing by Buyer. Buyer may request any endorsements it desires, and Buyer and Seller shall each pay one half of the cost of such endorsements, provided that Seller’s share of the endorsement cost shall not exceed $250.00.
B. The Making and Curing of Title Objections. Buyer shall be allowed five (5) business days after receipt of the Title Commitment in which to make objections to the content of the Title Commitment, said objections to be made in writing. If there are any objections to the Title Commitment which are not remedied by the Closing Date, the Seller shall have one hundred twenty (120) days from the date of receipt of said written objections in which to remedy said objections. Seller may not object to the Permitted Encumbrances.
C. The Consequences of Failing to Cure Title Objections. If said objections are not remedied on or before such one hundred twentieth (120th) day after the date of Seller's receipt of said objections, then Buyer shall have the following two alternatives:
(1) Buyer may accept title to said Real Property subject to said objections; or
(2) Buyer may declare this entire transaction to be null and void.
If Buyer declares this transaction to be null and void pursuant to this paragraph, all earnest money paid by Buyer to Seller shall be immediately refunded by Seller to Buyer.
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7. SELLER’S WARRANTIES. Seller represents, warrants, and agrees with Buyer, as of the date hereof and as of the Closing Date, as follows:
A. No Conflict or Breach. The sale of the Real Property to Buyer, the consummation of the transactions contemplated by this Agreement, and the performance by Seller of the covenants, warranties, and obligations to be performed by it under this Agreement will not conflict with, result in the breach of any term or provision of, any indenture, mortgage, deed of trust, or other agreement, instrument, undertaking, understanding, decree, order, stipulation, or consent to which Seller is a party or by which Seller is bound.
B. Pending or Threatened Litigation. There are no lawsuits or claims of any nature whatsoever pending or threatened against Seller with respect to the Real Property, and Seller does not know of or have reasonable grounds to anticipate any such lawsuits or claims that may be brought or made against Seller in the future.
C. The Accuracy of the Seller's Representations and Warranties. No representation or warranty made by Seller and no documents or other information furnished or to be furnished to Buyer by or on behalf of Seller pursuant to this Agreement contains or shall contain any untrue statement of material fact, or omits or shall omit any material fact necessary to make the statement contained therein not misleading. Further, the Seller's representations and warranties are true and accurate as of the effective date of this Agreement, and will be true and accurate continuously through the Closing Date.
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.
8. 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.
9. INSPECTION/DUE DILIGENCE PERIOD. Buyer shall have, commencing the effective date of this Purchase Agreement, until the third (3rd) business day after this Agreement is fully executed (the “Inspection/Due Diligence Period”) to (i) conduct such reviews, inspections and tests of the Real Property as Buyer in its sole discretion deems necessary or advisable, and (ii) obtain such federal, state and local governmental approvals and permits as Buyer in its sole discretion deems necessary or advisable for Buyers 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 Real Property for the purpose of inspecting and testing the same and making other
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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. Buyer has performed various inspections and tests upon the Real Property prior to the date hereof, including, without limitation, the Phase I, Survey, soil tests and other tests (collectively, the “Tests”). Buyer represents and warrants that it has had sufficient time to review and analyze the Tests and that Buyer is satisfied with the results of the Tests and Buyer further waives and releases any right to object to the condition of the Real Property for any cause analyzed, reviewed or set forth in the Tests (the parties intend for this sentence to be interpreted broadly, in favor of Seller). If, between the date this Agreement is fully executed and the end of the Inspection/Due Diligence Period, Buyer discovers: (i) a material change in the condition of an item analyzed, reviewed or set forth in the Tests; or (ii) any information or condition relating to the Real Property or Buyer’s proposed development and use thereof, which information or condition was not analyzed, reviewed or set forth in the Tests AND which a reasonable provider of any of the Tests would not have included in the Tests, which change in condition of the Real Property or previously unknown information or condition of the Real Property is objectionable, 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.
c. Buyer intends to use the Real Property for a public park. For purposes of this Section 10, “objectionable” information or conditions means information or conditions that: (i) render the Real Property unfit for its intended purpose as a public park; or (ii) place the Real Property in violation of a public law, code or regulation. However, an item or component is not an objectionable condition if its only imperfections are cosmetic or because it is legally nonconforming under current law. With sole respect to the public park for which the Real Property is intended to be used, Buyer waives any right to pursue an action to establish a cartway or other action to establish access to a public right of way over any real property owned by Seller to provide access from the Real Property to a public right of way.
10. ASSIGNMENT. Buyer shall have an unconditional right to assign this Agreement to any instrumentality of the United States government, the government of the State of Minnesota, or any political subdivision thereof, 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.
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11. 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.
12. 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 to a partner of Buyer; or if mailed by United States registered or certified mail; return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows:
If to Buyer: Tim Madigan, City Administrator City of Northfield 801 Washington Street Northfield, MN 55057
If to Seller: Gary F. Gleason, General Partner Gleason Real Estate Holdings LLLP 110 Bank Street SE #2004 Minneapolis, MN 55414
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.
13. 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.
14. 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 Real 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.
15. BINDING EFFECT. This Agreement binds and benefits the parties and their successors and assigns.
16. CONTROLLING LAW. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation.
17. 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 upon
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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 ten (10) days’ notice to Seller (Seller having cure rights during the 10-day period) and obtain a refund of the Earnest Money. The termination of this Agreement and refund of the Earnest Money will be the sole remedy available to Buyer for such default by Seller, and Seller will not be liable for damages.
18. 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.
19. “CORNER PARCEL”. This Agreement initially contemplated that the Real Property consisted of a total of 64.49 acres, including a 1.53 acre parcel of real property legally described on the attached Appendix A-1 (the “Corner Parcel”). After review, it has been determined that Seller is not the owner of the Corner Parcel. However, the Corner Parcel has been included as a part of Parcel B in the tax records and, prior to the date hereof, Seller has been paying real estate taxes, special assessments and other governmental charges and fees upon the Corner Parcel. The parties have agreed that instead of reducing the Purchase Price to reflect the reduced acreage of the Real Property, the Purchase Price will remain as it is and, as of completion of the Closing, Seller will release and waive any claim that it might have against Buyer for overpayment of taxes, assessments, fees and charges relating to the mistaken inclusion of the Corner Parcel in Parcel B. This Section 19 shall survive closing.
(signature page follows)
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IN WITNESS WHEREOF, Seller and Buyer have each executed this Agreement in their corporate names as of the date first written above.
Seller: GLEASON REAL ESTATE HOLDINGS LLLP
By:______Gary F. Gleason, General Partner
By:______James R. Gleason, General Partner
Buyer: CITY OF NORTHFIELD, MINNESOTA
By:______Dana Graham, Mayor
By:______Deb Little, City Clerk
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APPENDIX A LEGAL DESCRIPTION OF THE REAL PROPERTY
PARCEL A (Tax ID Number 22.11.1.54.011):
Outlot E, in GLEASON THIRD ADDITION, in the City of Northfield, Rice County, Minnesota.
PARCEL B (Tax ID Number 22.02.4.50.001):
That part of the SW 1/4 of the SE 1/4 of Section 2, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, described as follows:
Commencing at the southeast corner of the SW 1/4 of the SE 1/4 of said Section 2; thence North 54 Rods and 9 Links; thence West 12 Rods to the bank of the Cannon River; thence along the river bank to the west line of said Quarter Section; thence south to the quarter post; thence East 79 Rods to the place of beginning; excepting therefrom that portion platted as “NORTHFIELD RIVERVIEW ADDITION”, in the City of Northfield, Rice County, Minnesota.
PARCEL C (Tax ID Number 22.11.2.00.003):
That part of the N 1/2 of the NW 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, lying easterly of the Cannon River; and also the NW 1/4 of the NE 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota;
EXCEPTING THEREFROM that portion thereof platted as “NORTHFIELD RIVERVIEW ADDITION”, in the City of Northfield, Rice County, Minnesota and “NORTHFIELD RIVERVIEW THIRD ADDITION”, in the City of Northfield, Rice County, Minnesota.
ALSO EXCEPTING THEREFROM that portion thereof platted as “NORTHFIELD RIVERVIEW FOURTH ADDITION”, in the City of Northfield, Rice County, Minnesota.
ALSO EXCEPTING THEREFROM that portion thereof platted as GLEASON THIRD ADDITION, in the City of Northfield, Rice County, Minnesota.
ALSO EXCEPTING THEREFROM that part of the W 1/2 of the NE 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, described as follows:
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Commencing at the most southerly corner of Lot 1, Block 1, NORTHFIELD RIVERVIEW THIRD ADDITION, City of Northfield, Rice County, Minnesota; thence North 50°07’47” West, along the Southwesterly line of said Lot 1, a distance of 5.00 feet to the point of beginning of the land to be described; thence North 50°07’47” West, along said southwesterly line, a distance of 634.07 feet to the most westerly corner of said Lot 1; thence South 39°52’13” West, a distance of 60.00 feet; thence South 50°07’47” East, a distance of 634.07 feet; thence North 39°52’13” East, a distance of 60.00 feet to the point of beginning.
ALSO EXCEPTING THEREFROM that part of the W 1/2 of the NE 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, described as follows:
Commencing at the most southerly corner of Lot 1, Block 1, NORTHFIELD RIVERVIEW THIRD ADDITION, City of Northfield, Rice County, Minnesota; thence North 50°07’47” West, along the Southwesterly line of said Lot 1, a distance of 5.00 feet; thence South 39°52’13” West, a distance of 60.00 feet to the point of beginning of the land to be described; thence North 50°07’47” West, parallel with the southwesterly line of said Lot 1, a distance of 634.07 feet; thence South 39°52’13” West, a distance of 60.00 feet; thence South 50°07’47” East, a distance of 634.07 feet; thence North 39°52’13” East, a distance of 60.00 feet to the point of beginning.
PARCEL D (Tax ID Number 22.11.2.75.002):
That part of the S 1/2 of the NW 1/4 of Section 11, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, lying easterly of the Cannon River, EXCEPTING THEREFROM that portion thereof platted as GLEASON THIRD ADDITION, in the City of Northfield, Rice County, Minnesota. excepting any easements and rights benefiting or appurtenant to the Real Property and improvements including any right, title or interest in the bed of any street, road, highway or alley adjoining the Real Property.
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APPENDIX A-1 Legal description of the Corner Parcel
That part of the SE 1/4 of the SW 1/4 of Section 2, Township 111 North, Range 20 West of the 5th P.M., in the City of Northfield, Rice County, Minnesota, lying easterly of the Cannon River.
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APPENDIX B DEPICTION AND MAP OF THE REAL PROPERTY
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APPENDIX C
Schedule of Permitted Encumbrances
1. Electric transmission line easement (10 feet wide) over part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 111, Range 20, in favor of Northern States Power Company, a Minnesota corporation, as created in Document No. 210078, filed May 22, 1968.
2. Electric transmission line easement over parts of Section 11, Township 111, Range 20, in favor of Northern States Power Company, a Minnesota corporation, as created in instrument filed May 24, 1955, in Book Y.M.R., page 486.
3. Gas pipeline easement, together with other attendant rights, in favor of Northern States Power Company, as created in instrument dated June 7, 2005, filed June 17, 2005, as Document No. 558234.
4. Utility easements over parts of the Real Property, in favor of City of Dundas, as created in Document No. 426628, filed July 25, 1997; as partially released (as to Utility Easement No. 1 therein) by Release of Utility Easement, filed October 26, 2006, as Document No. 580477.
5. Storm drainage easement over part of the North Half of Section 11, Township 111, Range 20, in favor of the City of Northfield, as created in instrument filed October 26, 2006, as Document No. 580483.
6. Terms and conditions of City of Northfield Conditional Use Permit, to permit mining and extraction of gravel, dated December 13, 1989, filed January 5, 1990, as Document No. 343145.
7. Terms and conditions of City of Northfield Conditional Use Permit, to permit a multiple occupancy service building, dated October 28, 1986, filed October 30, 1986, as Document No. 314433.
8. Terms and conditions of City of Northfield Resolution No. 2001-052, approving a Conditional Use Permit to allow creation of a wetland within a floodplain, adopted February 20, 2001, filed May 29, 2001, as Document No. 478192.
9. Terms and conditions of City of Northfield Resolution No. 2006-087, approving a Conditional Use Permit to allow excavation in the Cannon River Floodway to construct a storm water retention pond, adopted August 28, 2006, filed October 26, 2006, as Document No. 580525.
10. Utility easements over parts of the Real Property, in favor of City of Northfield, as created in Document No. 456559, filed July 25, 1997. due GP:3697096 v7
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PHASE I ARCHAEOLOGICAL SURVEY FOR THE GREENWAY CORRIDOR EAST CANNON RIVER TRAIL, NORTHFIELD TO DUNDAS, RICE COUNTY, MINNESOTA
Two Pines Resource Group No. 11-08 OSA License No. 11-35 SHPO No. 2011-1245
Prepared for: City of Northfield 801 Washington Street Northfield, MN 55057
Principal Investigator and Report Author: Michelle M. Terrell, Ph.D., RPA
17711 260th Street Shafer, MN 55074
FINAL April 2011 Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page i
MANAGEMENT SUMMARY
In April of 2011, Two Pines Resource Group, LLC completed a Phase I archaeological survey for the construction of a trail along the east side of the Cannon River from Northfield to Dundas, Rice County, Minnesota. This work was performed under contract with the City of Northfield. This undertaking is funded through the Trail Legacy Grant program of the Minnesota Department of Natural Resources (DNR), and is, therefore subject to the Minnesota Historic Sites Act and Minnesota Field Archaeology Act. Upon their review of the project, the State Historic Preservation Office (SHPO) recommended that an archaeological survey of the project be completed. This undertaking may require a permit from the United States Army Corps of Engineers (Corps) under Section 404 of the Clean Water Act and, therefore, may also be subject to the National Historic Preservation Act of 1966, as amended.
The purpose of the Phase I archaeological survey was to determine whether the project area contains any intact archaeological sites that are potentially eligible for listing in the National Register of Historic Places. The area of potential effects (APE) for the project is a 15-foot-wide trail corridor, which is located within the SW-NE, SE-NW and W-SW of Section 1, the S-SE of Section 2, the E-SE of Section 10, and the E-NW and NW-SW of Section 11 of Township 111N, Range 20W. The project area is located within the Southeast Riverine West archaeological sub-region.
The Phase I archaeological survey consisted of background research at the SHPO; a thorough walkover of the entire project area in order to identify areas of moderate to high potential for containing intact archaeological sites; and systematic shovel testing of those areas. Background research was conducted on March 30, 2011, and fieldwork was performed on April 13-14, 2011. Dr. Michelle Terrell served as the Principal Investigator.
During the Phase I archaeological survey for the East Cannon River Trail, no archaeological sites were identified within the project area. No additional archaeological work is recommended.
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page ii
TABLE OF CONTENTS
MANAGEMENT SUMMARY...... i LIST OF FIGURES...... iii LIST OF TABLES...... iii INTRODUCTION...... 1 RESEARCH DESIGN...... 3 OBJECTIVES...... 3 METHODS ...... 3 Background Research ...... 3 Archaeological Fieldwork...... 3 LITERATURE SEARCH...... 5 RECORDED ARCHAEOLOGICAL SITES AND PREVIOUS SURVEYS ...... 5 PRECONTACT ARCHAEOLOGICAL POTENTIAL ...... 7 HISTORIC SITES ARCHAEOLOGICAL POTENTIAL...... 7 ENVIRONMENTAL HISTORY ...... 7 RESULTS...... 9 WORK SUMMARY ...... 9 TEST AREA A ...... 9 TEST AREA B...... 12 SUMMARY AND RECOMMENDATIONS...... 13 REFERENCES CITED...... 14 Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page iii
LIST OF FIGURES
FIGURE 1. PROJECT LOCATION ...... 2 FIGURE 2. DETAIL OF SCHMIDT’S MAP OF THE MOUNDS IN THE REGION OF NORTHFIELD (PROJECT APE INDICATED BY RED LINE)...... 6 FIGURE 3. SURVEY RESULTS ...... 10 FIGURE 4. VIEW OF TRAIL ALIGNMENT ALONG SEWER PROJECT CORRIDOR, VIEW TO SOUTHWEST...... 11 FIGURE 5. OVERVIEW OF TEST AREA A AND SEWER LINE DISTURBANCE, VIEW TO NORTH ...... 11 FIGURE 6. OVERVIEW OF TEST AREA B, VIEW TO WEST ...... 12
LIST OF TABLES
TABLE 1. PREVIOUSLY RECORDED ARCHAEOLOGICAL SITES WITHIN THE PROJECT APE ...... 5 TABLE 2. PREVIOUSLY RECORDED ARCHAEOLOGICAL SITES WITHIN ONE MILE OF THE APE ...... 6
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 1
INTRODUCTION
In April of 2011, Two Pines Resource Group, LLC (Two Pines) completed a Phase I archaeological survey for the construction of a trail along the east side of the Cannon River from Northfield to Dundas, Rice County, Minnesota. This work was performed under contract with the City of Northfield. This undertaking is funded through the Trail Legacy Grant program of the Minnesota Department of Natural Resources (DNR), and is, therefore subject to the Minnesota Historic Sites Act and Minnesota Field Archaeology Act. Upon their review of the project, the State Historic Preservation Office (SHPO) recommended that an archaeological survey of the project be completed. This undertaking may require a permit from the United States Army Corps of Engineers (Corps) under Section 404 of the Clean Water Act and, therefore, may also be subject to the National Historic Preservation Act of 1966, as amended.
The archaeological area of potential effects (APE) for the project is defined as a 15-foot (ft.) wide trail corridor. Soil disturbance within the APE will be limited to grading to an anticipated maximum depth of one foot. The project area is located within the SW-NE, SE-NW and W-SW of Section 1, the S-SE of Section 2, the E-SE of Section 10, and the E-NW and NW-SW of Section 11 of Township 111N, Range 20W. The project area is located within the Prairie Lake East archaeological sub-region. The UTM (NAD 83, Zone 15) coordinates for the north end of the project are 486669E 4922167N, while those for the south end of the project are 483856E 4919726N.
This report presents the objectives, methods, background research, environmental history, fieldwork results, and summary and recommendations for the Phase I archaeological survey.
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 2
FIGURE 1. PROJECT LOCATION
(NORTHFIELD [1991], QUADRANGLE, USGS 7.5MINUTE SERIES) Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 3
RESEARCH DESIGN
OBJECTIVES The purpose of the Phase I archaeological survey was to determine whether the project area contains any intact archaeological resources that are potentially eligible for listing in the National Register of Historic Places (NRHP).
METHODS All work was conducted in accordance with the SHPO Manual for Archaeological Projects in Minnesota (Anfinson 2005) and the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (National Park Service 1983).
Background Research Prior to fieldwork, staff from Two Pines conducted background research at the SHPO on March 30, 2011. Research at the SHPO focused on previously identified archaeological sites within a one-mile (1.6-km) radius of the project area and archaeological surveys previously occurring in or adjacent to the project area.
Archaeological Fieldwork The Phase I archaeological survey commenced with a thorough walkover of the entire project area. The purpose of the walkover was to identify any surface features within the project area, as well as to assess those portions of the project area that have a moderate to high potential for containing intact archaeological sites. Areas considered to have moderate to high archaeological potential typically include any undisturbed portions of the project area that are:
within 500 ft. (150 meters [m]) of an existing or former body of water of 40 acres (19 hectares) or greater in size; within 500 ft. (150 m) of an existing or former perennial stream; located on a topographically prominent landscape feature; or located within 300 ft. (100 m) of a previously reported site or a former or existing historic structure or feature.
Portions of the project area that are considered to have low archaeological potential include soils that are inundated, slopes of greater than 20 degrees, previously disturbed areas, and areas where the naturally occurring post-glacial soils and sediments have been removed (Anfinson 2005:29).
Those portions of the project area identified during the walkover as having the potential to contain intact archaeological sites, and which exhibited less than 25 percent surface visibility, underwent systematic shovel testing. Shovel tests are hand-excavated test holes that are 30 to 40 centimeters (cm) (12 to 15 inch [in.]) in diameter. A 15-m (49-ft.) shovel testing interval was used. All soils removed from excavated shovel tests were Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 4
screened through ¼-in. mesh. In undisturbed areas, shovel tests were excavated to culturally sterile subsoil or sediments. In areas where shovel tests and the surrounding landscape indicated the presence of fill and disturbed soils, test were excavated to a depth sufficient to demonstrate that the disturbance extended beyond the depth of the proposed impacts.
Data gathered during the survey were recorded on shovel test forms and in the field notebook of the Principal Investigator. Items noted included: the location of survey areas; the location of individual shovel tests; the depth of each shovel test and its associated soil profile; the presence or absence of cultural materials within each test; and the excavated soil texture, inclusions, and Munsell color.
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 5
LITERATURE SEARCH
On March 30, 2011, staff from Two Pines conducted background research at the SHPO. During this research, sources examined included files of previously identified archaeological sites within a one-mile (1.6 km) radius of the project area, and reports of previous surveys conducted in the immediate vicinity of the project area. This research was conducted in order to identify those portions of the project area that have a higher potential for containing intact archaeological sites.
RECORDED ARCHAEOLOGICAL SITES AND PREVIOUS SURVEYS Background research conducted at the SHPO revealed one previously identified archaeological sites within the project APE: 21RC0012 (Table 1).1 These site numbers were assigned to mound-like formations identified by Professor Edward Schmidt. Professor Schmidt taught botany and zoology at St. Olaf College, but he also had an avocational interest in the mounds of the Cannon River Valley (Anfinson 1999:42). Schmidt identified a cluster of 120 mound-like features on the east side of the Cannon River to the south of Northfield (21RC0012) and another cluster in Section 14 to the east of Dundas (21RC0013) (Winchell 1911:127) (Figure 2). While Newton Winchell, like Schmidt, thought these mounds were Native American in origin, his excavation of several of the features did not produce either human remains or artifacts (Winchell 1911:130). In May of 1939, University of Minnesota archaeologist, Lloyd Wilford, toured the area with Schmidt. Wilford observed 8 or 10 mounds of the 21RC0012 group on the farm of William Bickel. Of these mounds, Wilford wrote, “These are all low-lying mounds, where skeletal material is very doubtful. They are entirely similar to the mounds excavated by Schmidt which have all proved sterile” (Wilford 1939). More recently, the types of features observed by Schmidt are thought to be natural in origin (Arzigian and Stevenson 2003:481). Termed “mima mounds,” these low, domelike, natural mounds are formed in landscapes with a shallow basement layer such as bedrock or densely packed clay or gravel sediments, or in areas where a permanent water table impedes drainage. Both of these conditions are present in the area surrounding Northfield where Schmidt recorded his mounds.
TABLE 1. PREVIOUSLY RECORDED ARCHAEOLOGICAL SITES WITHIN THE PROJECT APE Site No. T R S ¼ Section Description Reference 111N 20W 2 S ½ Winchell 1911:127; Wilford 1939 21RC0012 Mound group 111N 20W 11 N ½ 21RC0013 111N 20W 11 SW ¼ Mound group Winchell 1911:127; Wilford 1939
1 Although the site file for a second site, 21RC0013, indicates that it is within the APE, the location in the site file is incorrect. Schmidt places this group of features in Section 14 to the east of Dundas (Winchell 1911:127), while Wilford describes them as being on the farm of Ed Chester to the south of Highway 65 (Wilford 1939). According to contemporary plat maps, the Chester farm is located in the NW ¼ of Section 14 and the E ½ of Section 15 (Farm Plat Book Company 194x). Wilford mistakenly recorded the location of the features as being in the SW ¼ of Section 11, which is neither Chester land nor to the south of the highway. The corrected location of 21RC0013 places it outside of the project APE. Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 6
21RC0013 21RC0012
FIGURE 2. DETAIL OF SCHMIDT’S MAP OF THE MOUNDS IN THE REGION OF NORTHFIELD (PROJECT APE INDICATED BY RED LINE).
Another site, 21RC44, was recorded within a one-mile (1.6 km) radius of the project area (Table 2). This site consists of a single lithic flake recovered near Heath Creek on the opposite side of the Cannon River from the project area (Harrison 1979:3).
TABLE 2. PREVIOUSLY RECORDED ARCHAEOLOGICAL SITES WITHIN ONE MILE OF THE APE Site No. T R S ¼ Section Description Reference 21RC0044 111N 30W 2 C-E-SE Lithic find spot Harrison 1979
According to a 1953 quotation cited in the 1985 report for an Archaeological Survey in Rice County, “a rather large campsite covered a three-mile area between Dundas and Northfield, intersected by TH 65. Indian artifacts were to [be] found all along the ridge north of the highway, but most of them have been picked up” (21RC0013 Archaeological Site File, SHPO). The area described is along an intermediate river terrace along the old highway alignment, which is located approximately ¼-mile to the east of the project APE.
Portions of the project area underwent archaeological survey in 1980 and 1985. The 1980 survey took place between Highway 3 and the Cannon River in the SE ¼ of Section Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 7
2 and the NE ¼ and NE ¼ of the NW ¼ of Section 11. This survey was conducted in anticipation of the construction of the Commercial/Light Industrial Corridor to the southwest of Northfield (Harrison 1980). The 1985 study was undertaken as part of a survey of Rice County. A portion of the NW ¼ of the SW ¼ of Section 11 was pedestrian surveyed because it was thought to be within the boundary of site 21RC0013 (21RC0013 Minnesota Archaeological Site Form, on file at the SHPO). Both surveys were negative for cultural material.
PRECONTACT ARCHAEOLOGICAL POTENTIAL While the mounds in the project area are non-cultural in origin, the proximity of the project area to the Cannon River together with the identification of single precontact find spot to the north/west of the river indicates a moderate potential for precontact archaeological resources within the project APE.
HISTORIC SITES ARCHAEOLOGICAL POTENTIAL A variety of documentary sources were used to identify potential historical-period archaeological sites within the project area. Historical maps were examined including Andreas (1874), county plat books (Northwest Publishing Company 1900; Webb Publishing Company 1915; Forde Printing, Inc. 1958), bird’s eye views (Ruger & Stoner 1869), and Sanborn Map Company fire insurance maps of Northfield (1884-1943). Aerial photographs from the 1930s through 1960s were also reviewed for potential archaeological resources. Together, these resources indicate that the project area remained rural and undeveloped throughout its history. The entirety of the project area was formerly cultivated. Farmsteads were located proximate to the main road between Northfield and Dundas and at a distance from the project area.
The only historical-period resource proximate to the project area is the Groveland Cemetery, which is located on the northwest corner of the intersection of Everett Street and 2nd Street in Dundas. The proposed trail runs outside the cemetery fence along the Everett Street side of the cemetery. According to the record for the cemetery in the Minnesota Genealogical Society’s Minnesota Cemetery Project, Groveland Cemetery was plotted in 1865 and the earliest known burial dates to 1870. The cemetery is still active.
Based on the results of the literature search, the project APE has a low potential to contain post-contact archaeological resources.
ENVIRONMENTAL HISTORY The East Cannon River Trail project is located within the Prairie Lake East archaeological sub-region. The following environmental history of this sub-region is based largely on information contained in Borchert and Gustafson’s Atlas of Minnesota Resources and Settlement (1980) and an overview entitled “Minnesota’s Environment and Native American Culture History” (Gibbon et al. 2002). Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 8
The Prairie Lake region covers most of southwest and south-central Minnesota. The topography of this region is dominated by the valley of the Minnesota River, which bisects the region. While much of the Prairie Lake region was covered with tallgrass prairie, the eastern sub-region contained Big Woods vegetation in the north and oak parkland in the south. The lakes from which this area derives its name are shallow, and many were drained during the historical period in order to increase land area for cultivation. The Prairie Lake East sub-region comprises that portion of the Prairie Lake region that is located to the east of the Minnesota and Blue Earth Rivers and to the west of the Mississippi River watershed. The counties of Waseca, Steele, Freeborn, Le Sueur, and portions of Scott, Dakota, Rice, Blue Earth, and Faribault counties are included in the sub-region.
Prior to EuroAmerican settlement, the project area was located within a region of hardwood forest. The climate within this sub-region has an average annual precipitation range of 28 inches. January highs average from 24 degrees Fahrenheit (F), while July highs average from 85 degrees F. The frost-free season lasts between 140-160 days, from around early May to late September.
The proposed trail passes through the Cannon River floodplain and across low river terraces. Approximately two-thirds of the project area are located within delineated wetlands comprised of Rushriver fine sandy loam, an alluvial deposit that is frequently flooded. Low terraces within the south and north-central portion of the APE are made up of Estherville sandy loam formed from glacial outwash. At the northern end of the project area, another terrace consists of Faxon clay loam over limestone bedrock (Beck 2000).
During the Late Holocene period, subsistence resources in the upland portions of the Prairie Lake region would have mainly consisted of bison with an occasional large herd of elk. However, white-tailed deer would have been found along the woodland fringe of the eastern sub-region. Fish, waterfowl and aquatic mammals would also have been present in the lakes of the area together with wild edible water lilies and cattails. Wild rice, while present in the region, was not extensively available. The prairie turnip, ground plum, and acorns were additional flora resources of the region. Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 9
RESULTS
WORK SUMMARY On April 13-14, 2011, Two Pines conducted a Phase I archaeological survey for the East Cannon River Trail project. The Principal Investigator was Michelle Terrell, and she conducted the fieldwork with Andrea Vermeer.
The fieldwork commenced with a thorough walkover of the project area. A shapefile of the trail alignment provided by the City of Northfield and downloaded into a GPS unit with sub-meter accuracy was used to guide the walkover. The walkover revealed the majority of the project area is previously disturbed or inundated (Figure 3). Commencing at the south end of the corridor, the portion of the trail alignment within the SE ¼ of Section 10 is located atop an artificial levee/berm constructed along the riverfront. Heading northward into the SW ¼ of Section 11, the trail alignment briefly aligns with a gravel road and passes through an area of push-piles and debris before once again being aligned atop another artificial levee/berm.
The central portion of the corridor within the NW ¼ of Section 11 and the SE ¼ of Section 2 is located within a delineated wetland. Soils within this area are frequently flooded and standing water and wetlands were evident within the APE. Within the SW ¼ of Section 1, the trail alignment climbs slightly out of the floodplain and passes through an area of disturbance to the rear of the Central Valley Co-Op building before following a berm resulting from the excavation of a holding pond. Beyond this berm to the north, the trail alignment passes through apparently undisturbed woodland (see Test Area B). To the north of this area, the trail aligns with a previous sewer alignment, a portion of which is currently in the process of being upgraded (Figure 4), then loops around the outfield fence of a graded ball field and passes through another delineated wetland before crossing a terrace (see Test Area A) at the northern terminus of the trail alignment in the NE ¼ of Section 1.
TEST AREA A Test Area A consisted of an approximately 300-m length of trail at the northern terminus of the proposed trail (see Figure 3). This portion of the trail parallels the river as it follows the west edge of a level, open terrace (Figures 3 and 5). Spoil within an excavated and backfilled section of sewer line trench located slightly to the east of the trail alignment suggested that fill had been used to raise and level the terrace. Two shovel tests were excavated at a 45-m interval along the proposed trail route within a portion of the terrace that on the surface was not obviously disturbed. Both tests revealed heavy gravels within a matrix of mottled very dark grayish brown (10YR 3/2) and yellowish brown (10YR 5/4) loam. This fill also contained fragments of brick, glass, metal, and other debris. One test met with refusal in limestone at 25 cm below the surface (cmbs), while the other revealed fill to a depth of 40 cm and greater. Across the Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 10
FIGURE 3. SURVEY RESULTS Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 11
FIGURE 4. VIEW OF TRAIL ALIGNMENT ALONG SEWER PROJECT CORRIDOR, VIEW TO SOUTHWEST
FIGURE 5. OVERVIEW OF TEST AREA A AND SEWER LINE DISTURBANCE, VIEW TO NORTH Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 12
remainder of the test area, this gravel fill was evident on the surface and no additional tests were excavated. Due to the disturbance that has occurred, no further archaeological fieldwork is recommended in this area.
TEST AREA B Test Area B was an approximately 50-m length of trail between an area disturbed by previous sewer work to the north and the excavation of a holding pond to the south (see Figure 3). Trees with 12- to 24-inch diameters along this length of the proposed trail suggested that the area was undisturbed (Figure 6). Three shovel tests were excavated at a 15-m interval along the proposed trail route. These tests revealed a very dark gray (10YR 3/1) silt loam extending to an average depth of 50 cmbs. This upper horizon gave way to a dark brown (10YR 3/3) sandy silt. The water table was encountered at an average depth of 65 cmbs. The southernmost test revealed the same profile, although it was capped with 33 cm of gravel fill in a very dark grayish brown (10YR 3/2), silty loam matrix. While this test area did reveal an apparently intact, natural soil profile, all shovel tests were negative for cultural material, and therefore no further archaeological fieldwork is recommended in this area.
FIGURE 6. OVERVIEW OF TEST AREA B, VIEW TO WEST
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 13
SUMMARY AND RECOMMENDATIONS
In April of 2011, Two Pines Resource Group, LLC completed a Phase I archaeological survey for the construction of the Greenway Corridor East Cannon River Trail between Northfield and Dundas in Rice County, Minnesota. This work was performed under contract with the City of Northfield.
The purpose of the Phase I archaeological survey was to determine whether the project area contains any intact archaeological sites that are potentially eligible for listing in the National Register of Historic Places. The area of potential effects (APE) for the project is defined as a 15-foot (ft.) wide trail corridor. The Phase I archaeological survey consisted of background research at the SHPO; a thorough walkover of the entire project area in order to identify areas of moderate to high potential for containing intact archaeological sites; and systematic shovel testing of those areas.
Fieldwork revealed that the majority of the project area is previously disturbed or inundated. Two areas were selected for shovel testing, and both tested negative for cultural materials. Based on these findings, Two Pines recommends no further archaeological work within the project area.
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 14
REFERENCES CITED
Andreas, A. T. 1874 An Illustrated Historical Atlas of the State of Minnesota. A. T. Andreas, Chicago.
Anfinson, S. 1999 Giants in the Earth Revisited: The Archaeology of Northfield. In Northfield: The History and Architecture of a Community. Northfield Heritage Preservation Commission, Northfield.
2005 SHPO Manual for Archaeological Projects in Minnesota. July 2005. State Historic Preservation Office, St. Paul.
Arzigian, C. M. and K. P. Stevenson 2003 Minnesota’s Indian Mounds and Burial Sites: A Synthesis of Prehistoric and Early Historic Archaeological Data. Publication No. 1. The Minnesota Office of the State Archaeologist, St. Paul.
Beck, J. F. 2000 Soil Survey of Rice County, Minnesota. National Cooperative Soil Survey, Washington, D.C.
Borchert, J. A. and N. C. Gustafson 1980 Atlas of Minnesota Resources and Settlement. Third Edition. University of Minnesota Center for Urban and Regional Affairs and the Minnesota State Planning Agency, Minneapolis.
Farm Plat Book Company 194x Official County Plat Book and Farmers’ Directory of Rice County, Minnesota. Farm Plat Book Company, Mankato, Minnesota.
Forde Printing, Inc. 1958 Official County Plat Book and Rural Directory of Rice County, Minnesota. Forde Printing, Inc., Mankato, Minnesota.
Gibbon, G. E., C. M. Johnson, and E. Hobbs 2002 Minnesota’s Environment and Native American Culture History. In A Predictive Model of Precontact Archaeological Site Location of the State of Minnesota, edited by G. J. Hudak, E. Hobbs, A. Brooks, C. A. Sersland, and C. Phillips. Minnesota Department of Transportation, St. Paul.
Greenway Corridor East Cannon River Trail April 2011 Phase I Archaeological Survey Page 15
Harrison, C. 1979 Report on the Archaeological Survey Carried out in Sechler Park, Northfield, Rice County, Minnesota, on April 23, 1979. Prepared for the City of Northfield. Program of Archaeological Research Services, Hamline University, St. Paul.
1980 Report on Cultural Resource Survey Performed on August 14, 1980 along the Cannon Rive in Sections 2 (SE) and 11 (N 1/2), T 111, R 20W, as Part of the Commercial/Light Industrial Corridor Study at Northfield, Rice County, Minnesota. Prepared for Northfield Industrial Park Associates, Inc.. Archaeological Research Services, Hamline University, Northfield.
National Park Service 1983 Archaeology and Historic Preservation; Secretary of the Interior’s Standards and Guidelines. Current version available online at http://www.cr.nps.gov/ local- law/arch_stnds_0.htm. Part IV. Federal Register (29 September):44716-44740.
Northwest Publishing Company 1900 Plat Book of Rice County, Minnesota. Northwest Publishing Company, Philadelphia.
Ruger & Stoner 1869 Bird’s Eye View of Northfield, Rice County, Minnesota. Ruger & Stoner, Madison, Wisconsin.
Webb Publishing Company 1915 Rice County Minnesota Atlas and Farm Directory. Webb Publishing Company, St. Paul.
Wilford, L. A. 1939 Memo on Rice County, May 16, 1939. On file at the State Historic Preservation Office, St. Paul.
Winchell, N. H. 1911 The Aborigines of Minnesota. Minnesota Historical Society, St. Paul.
78 D LV B S A D N U D
1.53 Acres
Unknown Owner Legend Trial Corridor
Unknown Owner Updated: 7/29/2014 Feet 120 60 0 R120IVERVIEW DR Location: V:\Projects\Engineering Department\GleasonAreas\gleasonLand_UnknownOwner.mxd GLEASON PARCELS ALONG EAST CANNON RIVER TRAIL CORRIDOR East Cannon River Trail (Proposed) Unknown Owner 2202450001 Gleason Parcels 100th St E Parcels 100TH ST E Feet
600 300 0 600 RIVERVIEW LN RIVERVIEW RIVERVIEW DR 2211200003 78
D V L B S A D N U D
CANNON LN
D R M 3 N IL D O O L 2211275002 R S B T W R LU ER N ON AGATE DR E E N D S N F D N F S TO A E R H C J O N E Y HWY 3 S LO C U ST 2211154011 DR LEGACY LN REGULAR
Date of City Council Meeting: August 5, 2014
To: Mayor and City Council City Administrator
From: Jasper Kruggel, GIS & Engineering Technician
Subject: Authorize Plan Design and Specifications for Phase 2 of the East Cannon River Trail
Action Requested: The Northfield City Council approves Resolution 2014-089 authorizing the Public Works Department to develop plans and specifications for Phase 2 of the East Cannon River Trail.
Summary Report: Phase 2 of the East Cannon Trail Project will add 1.9 miles of multi-use trail along the East side of the Cannon River to Phase 1 of the East Cannon River Trail Project that ended at 1100 Bollenbacher Court. The additional trail will be a 10 foot wide trail that will create a loop with the Mill Towns State Trail.
The East Cannon River Trail has been identified in the Northfield Parks, Open Space, and Trail System Plan (Attachment 4) as a destination trail. Rice County Soil and Water Conservation District Supervisor, Steven Pahs has indicated this trail project is in compliance with the Minnesota Wetland Conservation Act (Attachment 3). Also, the United States Army Corp of Engineers (USACE) Project Manager Sarah Wingert indicated that the project is feasible (Attachment 2).
Phase 2 of the trail will span five parcels, four of which the City is acquiring via the 2014 Regional Park Grant, and one that the City of Dundas is securing an easement on. Since this is a joint project with the City of Dundas, design costs for the Dundas portion of the trail will be covered by the City of Dundas and the City of Northfield will cover the portion within the Northfield City limits. Total project cost is estimated at $465,000, of which $394,500 will be provided via the 2009 Legacy Trail Grant ($274,500) and the 2014 Federal Recreation Trail Program Grant ($120,000).
BARR Engineering, Inc. is the consultant that will develop the plans and specifications for this project. On August 21st, 2012, we entered into a Professional Consultant Services Contract with BARR Engineering, Inc. to perform various project services (Attachment 5).
Trail design is a necessary component associated with the permitting process with the USACE. Currently, their plan review and permit acquisition has a time frame anywhere from four to twelve months.
Staff recommends proceeding with trail design since wetland permitting is now complete.
Alternative Options: Council may decide not to proceed with trail design and specifications and jeopardize numerous grants associated with this trail project.
Financial Impacts: Trail design is estimated to cost $32,065 per the professional consultant services contract.
Timelines: Once approved, trail design and specifications will begin. Trail design and specifications will be completed late September or early October. Once plans are completed, the Army Corp of Engineer (USACE) permit will be submitted. The City will then wait for USACE approval. Once approved, staff will present the plans and Engineers estimate to Council for approval, and go out to bid in mid-January. Trail construction will be beginning in June of 2015 and be completed by September 2015.
Attachments:
1. Resolution 2014-089 2. United States Army Corp of Engineers Email 3. Wetland Conservation Act Approval 4. Parks, Trails, and Open Space Plan 5. Contract with BARR Engineering, Inc. 6. East Cannon River Trail Map
CITY OF NORTHFIELD, MN CITY COUNCIL RESOLUTION 2014-089 AUTHORIZING PLANS AND SPECIFICATIONS FOR PROJECT 2010-002 – EAST CANNON RIVER TRAIL PHASE 2
WHEREAS, a conceptual design for the construction of Project 2010-002, East Cannon River Trail, Phase 2 has been prepared; and,
WHEREAS, the project 2010-002 is part of the Northfield Parks, Open Space and Trail System Plan; and,
WHEREAS, this project is part of the 2009 Legacy Trail Grant; and,
WHEREAS, this project is part of the 2014 Legacy Park Grant; and,
WHEREAS, this project is part of the 2014 Federal Recreational Trail Program Grant,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT:
The City of Northfield Public Works Department is directed to proceed with the preparation of plans and specifications for Project 2010-002, East Cannon River Trail, Phase 2.
BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL THAT:
Upon the completion of plans and specifications the Public Works Department shall present to Council to receive authorization to proceed with obtaining bids.
PASSED by the City Council of the City of Northfield on this 5th day of August 2014.
ATTEST
______City Clerk Mayor
VOTE: ___ GRAHAM ___ DELONG ___ LUDESCHER ___ NAKASIAN ___ PETERSON WHITE ___ POWNELL ___ ZWEIFEL
Jasper Kruggel
From: Wingert, Sarah E MVP
Classification: UNCLASSIFIED Caveats: NONE
Hello all,
Jasper and Mark, thank you for inviting us to last week's meeting to discuss the upcoming permit application for the second phase of the City of Northfield's Greenway East Cannon River trail project. I just wanted to follow‐up after last week's meeting regarding the main points that were discussed since I will no longer be the Corps contact for this project.
First, Northfield and Barr Engineering have addressed all my questions regarding alternatives for the proposed trail alignment, and based off the information submitted to date, I agree that it is ok to move forward with the proposed trail alignment. As we discussed, the Corps will look for information in the permit application that shows how the trail project is being designed to minimize permanent and temporary wetland impacts (and indirect impacts to Cannon River) as much as possible (such as, minimizing the trail construction corridor from 30 feet to 22 feet; consolidating stockpile locations to the minimum needed and strategically locating them in uplands and, if needed, low quality, emergent wetlands; designing the trail at grade to minimize floodplain impacts; installing culverts where necessary to maintain flow; minimizing tree clearing as much as possible; and any other design considerations that are included). We will also look for details about the culverts that would be installed to maintain flow in the wetland area, details on proposed temporary wetland impacts (i.e. source of temporary impacts, length of time the temporary impacts would last, the plan to restore wetland temporary impacts, etc), and information on how the safety of trail users would be addressed considering the majority of the trail would be in the 10‐year floodplain (i.e. how the trail would be maintained during/following flood events, etc ‐ Jasper indicated there is a maintenance plan in place that addresses these concerns). We also discussed potential educational aspects of the trail, such as information signs about the floodplain wetland.
We also discussed that the Corps will likely need to consult with SHPO pursuant to Section 106 of the National Historic Preservation Act, as we did for the first phase of the project. If the updated Phase 1 report is ready before the permit application, Northfield could submit that report to us prior to the permit application so we can begin our 106 review.
We also discussed the Gleason mitigation area. I asked Jasper if the proposed configuration of the 3.98‐acre area covered by the planned deed restriction/conservation easement could be slightly adjusted to match the approved mitigation area shown in the Corps 2001‐3202‐GAE permit issued to Mr. Gleason (see attached). To my understanding, it sounds like the deed restriction area will be revised to match the approved mitigation area shown in the Corps 2001 permit. The Corps also asked for signs to be placed along the easement, especially where the trail would pass closely to the mitigation area.
We also discussed the potential to use the excess wetland credits in the former Gleason bank area to off‐set the proposed impacts of this project. I let the group know that the Corps could consider it if the applicant submits information to us that shows what wetland functional lift occurred in this area (beyond the 3.98‐acre mitigation area), and accordingly how much credits were generated by this site. However, this is not a guarantee that we will approve
1 the use of this excess credits in the former Gleason bank site for this permit; this decision would be made at the branch chief level, and it is possible we will not approve this request.
We did not discuss Corps review under Section 7 of the Endangered Species Act. As a heads‐up, the Corps informally consulted with U.S. Fish and Wildlife Service about the project's potential to impact the Minnesota dwarf trout lily, a listed endangered species in Rice County. It is likely we will need to re‐initiate consultation with the U.S. FWS again as part of our permit review process for the second phase of the trail.
Finally, we discussed permitting review timeframes. This project would be eligible for a Corps individual permit. At this time, with current staff resources, individual permits (including letters of permission and standard permits) are averaging about 8 months, and ranging from about 4 months to a year. Items that most commonly affect the permit review timeframe include submitting a complete application, comments from the public, Corps workload, Section 106 issues, and Section 7 issues.
Thank you again for your continued cooperation with our program. If you have any questions about my summary of the main points of our meeting last week (from the Corps perspective, not WCA), please give me a call.
Sarah Wingert U.S. Army Corps of Engineers St. Paul District Regulatory Branch 180 5th Street East, Suite 700 St. Paul, MN 55101‐1678 [email protected] 651‐290‐5358
‐‐‐‐‐Original Message‐‐‐‐‐ From: Mark Jacobson [mailto:[email protected]] Sent: Wednesday, July 02, 2014 3:56 PM To: Tim Labs ([email protected]); Wingert, Sarah E MVP; Amber Steele ([email protected]); [email protected] Cc: Jasper Kruggel ([email protected]); [email protected]; Art R. Kalmes; Karen Chandler Subject: [EXTERNAL] RE: Greenway East Cannon River Corridor Trail ‐ Northfield, MN
As a follow‐up to my e‐mail below, in conjunction with discussions with Tim Labs and Sarah Wingert, you are invited to a meeting to discuss this project on Thursday, July 10, 2014, at 10:30 am at the City of Northfield, 801 Washington Street, in the engineering department.
Please let me know if you have any questions or need additional information before then.
Thanks,
Mark Jacobson
Vice President
2 Senior Environmental Scientist Minneapolis office: 952.832.2764 cell: 612.240.3297 [email protected] www.barr.com
From: Mark Jacobson Sent: Friday, June 27, 2014 10:55 AM To: Tim Labs ([email protected]); 'Wingert, Sarah E MVP'; Amber Steele ([email protected]); [email protected] Cc: Jasper Kruggel ([email protected]); [email protected]; Art R. Kalmes; Karen Chandler Subject: Greenway East Cannon River Corridor Trail ‐ Northfield, MN
This e‐mail is to notify you that the city of Northfield would like to reinitiate the alternatives analysis review process and subsequently move into permitting for the south part of the Greenway East Cannon River Corridor Trail.
The history of the project review is provided below:
* October 2012 ‐ Field‐fit preferred trail alignment established
* November 9, 2012 ‐ Alternatives Analysis submitted
* November 15, 2012 ‐ Technical Evaluation Panel (TEP) and U.S. Army Corps of Engineers (Corps) meeting
* November 21, 2012 ‐ TEP Findings of Fact (FOF) issued
* November 30, 2012 ‐ Additional information submitted to address concerns in TEP FOF
* January 4, 2013 ‐ Agency meeting
* January 4, 2013 ‐ Request for additional information from Sarah Wingert
* June 13, 2013 ‐ Additional information submitted to address concerns expressed by Sarah Wingert
3 Many of the issues raised in the most recent trail route considerations related to the Gleason property and wetland mitigation area. The city of Northfield is in the process of purchasing the four Gleason parcels located within the proposed project area as shown on the attached Figure 1. Wetland banking on those Gleason parcels will no longer be considered. As part of the property acquisition, the city will pursue recording of deed restrictions to protect the wetland mitigation area required by permits issued to Gleason based on the approximate easement area provided in the June 13, 2013, memo to Sarah Wingert from Barr Engineering unless input is provided to alter that plan.
At the January 4, 2013 agency meeting, there was a request for more information on the need for the trail considering there is one on the other side of the river along with the projected use. Information related to these questions have been scattered throughout the original alternatives analysis and subsequent submittals, but are provided below more concisely:
Trail Purpose, Use, and Need:
* Adjoining existing trails currently have high levels of usage
* Over 25 percent of the work force in Northfield (2,446 of of 8,820) walk or bicycle to work
* The trail will enhance safety by providing an off‐road transportation alternative, particularly for residents of southeastern Northfield and Dundas, where none currently exist
* The trail will create a 6‐mile loop trail that will serve as a singular recreational facility with a regional draw
* The trail will provide a connection to the Mill Towns State Trail to residents of southeastern Northfield and Dundas
* The trail will provide improved mobility between Dundas and Northfield and provide better access to public resources in downtown Northfield
* The trail will be the backbone of Northfield's greenway corridor, ultimately connecting the entire city by greenway trails
Figure 1 shows the proposed trail alignment and the alternative alignments considered during planning to avoid and minimize wetland impacts to the extent practicable. We request your consideration and approval of the alternatives analysis as documented in the November 9, 2012, Alternatives Analysis Greenway East Cannon River Corridor Trail ‐ South Part; the November 30, 2012, memorandum titled, Additional Information Requested by the Technical Evaluation Panel; the June 13, 2013, memorandum titled, Additional Alternatives Evaluation; and the information provided in this e‐mail related to proposed trail alignment. If you would like to schedule a meeting to discuss this, please contact me or Jasper Kruggel at 507‐645‐3027. The intent is to obtain agreement that the proposed alignment is practicable prior to proceeding with the trail design and permitting.
Thank you for your consideration,
4
Mark Jacobson
Vice President Senior Environmental Scientist Minneapolis office: 952.832.2764 cell: 612.240.3297 [email protected] www.barr.com
Classification: UNCLASSIFIED Caveats: NONE
5
NORTHFIELD PARKS, OPEN SPACE, AND TRAIL SYSTEM PLAN Trail Classifications Park Classifications Future Park Development Neighborhood Park Trail Classifications Future Park Reserve Land Search Area Community Park Destination Trail - Core Athletic Complex Future Neighborhood Park Search Area, Inside Priority Growth Area Linking Trail - Core Greenway/Conservation Area/Public Open Space On-Street Bike Lane Open Space Future Neighborhood Park Search Area, Outside Priority Growth Area On-Street Bike Lane (One direction only) Natural Greenway Corridor On-Street Bike Route School Site Transit Hub Local/Neighborhood Trail Pond Northfield - 2008 Corporate Boundary 0 1,000 2,000 3,000 4,000 5,000 Local/Neighborhood Trail (proposed connection) Wetland Priority Growth Area Feet Grade-Separated Crossing Miles Bridge 0 0.25 0.5 0.75 1
NEIGHBORHOOD FUTURE PARK RESERVE NORTHERN CORRIDOR PARK #7 LAND SEARCH AREA 47
NEIGHBORHOOD 23 PARK #8 3 MILL TOWN TRAIL - OPTION 'A' HAUBERG WOODS NEIGHBORHOOD ALIGNMENT (PREFERRED) THYE PKY PARK #5
THYE CT
FREEDOM CT
LIBERTY PRAIRIE PARK QUIE LN HILLS PARK GILL LN LUPINE DR NORTHFIELD G.A. NEIGHBORHOOD NO PROPOSED PARKS HOSPITAL RYSGAARD SHOWN IN THIS AREA PARK PARK #6 DUE TO CARLETON JOHN COLLEGE LAND NORTH OWNERSHIP 80TH ST E NORTH AVE PARK STANTON B LVD VIKING TER 19 HWY 3 N MILL TOWN TRAIL - OPTION 'B'
CEDARAVE GREENVALE ALIGNMENT SUMMERFIELD DR PARK DRESDENAVE DRESDEN
EAVES AVE ELEMENTARY HILLS HEEOAKSTHRE DR DIVISION ST N PARK
FALKAVE
LINDEN ST N SCHJELMILE LN
LASHBROOK IVANHOE DR EDWARD LN NO PROPOSED PARKS PARK IVANHOE AV E SHOWN IN THIS AREA DUE TO CARLETON MILL TOWN TRAIL - OPTION 'C' COLLEGE LAND HIGHLAND AVE OWNERSHIP ALIGNMENT
WESTERN CORRIDOR 43 GREENVALE AVE
LINCOLN ST N NEIGHBORHOOD LONS DALE B LVD E NO PROPOSED PARKS HALLAV E PARK #4
SHOWN IN THIS AREA LINDEN ST N DUE TO ST. OLAF COLLEGE LAND
PLUM ST N OWNERSHIP CHERRY ST CHERRY GOULD LN OLIN DR PARK SPRING ST N
MA NITOUST N ST OLAF AV E
ORCHARD ST N
WATER ST N 1S T ST E 1S T ST W 1S T ST W 19 WAY PARK 2ND ST W 2ND ST E EBERT CT LONGFELLOW
WATER ST S SCHOOL 3RD ST W 3RD ST E UNION ST S CENTRAL FOREST AVE DIVISION ST S WALL STREET RD 90TH ST E
90TH ST E PARK WALDEN PL ODDFELLOWS 4TH ST W BRIDGE 4TH ST E
OAK ST S PARK AMESSQUARE PARK
5TH ST W TRANSIT 5TH ST E ELM S T S HUB MEMORIAL 6TH ST W 6TH ST E PARK INDUSTRIAL DR RIVERSIDE 7TH ST E NEIGHBORHOOD LIONS PARK DR
WASHINGTON ST S INDIGO LN PARK 8TH ST E
PARK #9 BANEBERRY CT WASHINGTON BABCOCK SECHLAR PARK RD PARK PARK PRAIRIE ST
9TH ST W WATER ST S 9TH ST E 9TH ST E DIVISION ST S HEYWOOD WOODLEY ST E WOODLEY ST E CANNON RIVERBABCOCK CORRIDOR WOODLEY ST W PARK
ARMSTRONG RD EASTERNCORRIDOR SECHLAR ATHLETIC CREEK LN ATHLETIC COMPLEX FREMONT ST E PARMEADOW COMPLEX PARK
COLLEGE ST S PROSPECT DR
SUMNER ST E ELM S T S 100TH S T E POPPY CT SUMAC LN
MN 3 SERVICE RD MA PLE ST S 78 SPRING ST S MARVIN LN SIBLEY SECHLAR PARK AMES ST SWALE GRANT PARK 28 PARK CAMPOSTELLA SIBLEY PARK LIA DR JEFFERSON RD NORTHFIELD ELEMENTARY NEIGHBORHOOD SENATE LN HIGH SIBLEY BIRCH LN PARK #3 100TH S T E SOCCER HWY 3 S SCHOOL MILL TOWN TRAIL FIELDS SPRING HARRISON CT ALDRICH DR CREEK
SPRING CREEK RD (EXISTING) ARCHIBALD ST RIVERVIEW DR PARK AFTON DR JEFFERSON JEFFERSON PKWY W FRONTAGE RD PARK TRUMAN BRIDGEWATER LA KE DR CANNON LN PARK ELEMENTARY ESTATE LN PETERSON DR JEFFERSON PKWY E
HONEYLOCUST DR HIDDEN TYLER SPRING HALLAV E VALLEY ADAMS S T PARK CREEK MICHIGAN DR
PARK JOHNSON CT SOCCER ERIE DR
NORTHFIELD ASPEN ST COMPLEX BLUFF LN UNNAMED HERITAGE DR ROOSEVELT CARTER DR MIDDLE ASPEN SUPERIOR DR FUTURE PARK PARK PARK SCHOOL DUNDAS BLVD HERITAGE PARK ROOSEVELT SOUTHBRIDGE DR CANNON RD RIDGE ABBEY RD NEIGHBORHOOD PARK
HARBOR DR PARK #2 FORD ST E CHAR NEIGHBORHOOD COUNTY RD 1 E CARLSON PARK #1 NORTH ST PARK COMMERCIAL/RETAIL AREA WITH TRAIL ENDWOOD TRL
CONNECTIONS DENNISON BLVD
SCHILLING DR 2ND ST N HESTER ST E 246 3RD ST N 1S T ST N
FARRELL WAY 110TH ST E
STAFFORD RD N FOX AVE FARRELLAVE 1 20 SOUTHERN CORRIDOR 22
1S T ST S Based on the Northfield Parks, Open Space and Trail System Plan Updated Oct. 8, 2008
EAST CANNON RIVER TRAIL CORRIDOR
East Cannon River Trail (Proposed)
Feet 100th St E 600300 0 600 100TH ST E
3 JEFFERSON RD RIVERVIEW LN RIVERVIEW
RIVERVIEW DR
FRONTAGE RD 78 JEFFERSON DR
CANNON LN HIDDEN VALLEY RD PETERSON DR
Bluestone Dr HWY 3 S own DUNDAS BLVD HONEYLOCUST DR ll T s M i R AGATE DR d
uff La Bl
HERITAGE DR LINCOLN ST S
LEGACY LN VALLEY DR
CANNON RD HONEYLOCUST DR MILLER LN 3 Timberlane Timberlane Dr
PEPPER RIDGE LN
CR 1 E CR 1 E 3 t
1 l C
e VALLEY DR
r
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a
F 110TH ST E
F
EVERETT ST E a 3 r m r
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e REGULAR
Date of City Council Meeting:
To: Mayor and City Council City Administrator
From: Northfield Area Fire and Rescue Service (NAFRS)
Subject: Approval of Conflict of Interest Form
Action Requested:
The Northfield City Council authorizes the execution of the attached form permitting Schmitz, Ophaug, Dowd & Blumhoefer, LLP (Law Firm) to provide legal counsel to the NAFRS.
Summary Report:
Because of the legal representation that the Law Firm provides for the Rural Fire Joint Powers Board there is an official conflict of interest in their representation the NAFRS. For them to represent the NAFRS the City Council needs consent to this arrangement. NAFRS will need to obtain representation from another law firm if they wish to have legal review of the lease agreements with the City.
Alternative Options:
Do not approve the consent form and ask the NAFRS to obtain legal counsel from another law firm.
Financial Impacts:
The City of Northfield is responsible for 72% of the costs of the NAFRS.
Attachments:
Consent form
DRAFT - July 31, 2014
FUTURE CITY COUNCIL MEETING ITEMS LIST
In an effort to accomplish the city council’s goals for its business and to work around holidays, the following schedule is planned for 2014. Regular council meetings are the 1st and 3rd Tuesdays of each month; work sessions on the 2nd & 4th Tuesdays of the month. Note: These are subject to change. Additional meetings/work sessions will be added, combined or deleted as needed.
Police Building Open House date?
AUGUST
8/12 – NO MEETING – PRIMARY ELECTION
8/14 – THURSDAY 5:30 PM - Special Meeting Canvass Votes
8/19 - Council Meeting Receive Bridgewater Township/WSB Spring Creek Watershed report Update Utility Rate Study Ice Arena Development Process Bridge Swap with Rice County Park Fees (postponed from 7/8 agenda) Ord No.960 – Second Reading Approve rezoning for Central Valley Coop Site Resolution 2014- - Approve Conditional Use Permit for Expansion of Bulk Fuel Tank Preliminary CIP & CEP Work Session – Council Work Plan Update and Administrator Topics review PRAB discussion on relocating the Dog Park Motion – Approve Rice County/Dakota County Road Maintenance Agreements Motion – Approve Dirt Hauling Agreement with Dave Hubers
8/26 Work Session 2015/2016 Budget Review & Tax Levy Discussion Fire JPA Update EDA Budget Report HRA Budget Report
SEPTEMBER
9/2 – Council Meeting Adopt Preliminary Tax Levy Resolution – Award Bid for TIGER Trail Project 2013 Budget Amendment Resolution Motion – Approve Two 20 Minute Parking Spots at 600 Division Street South Discussion Loitering/Aggressive Solicitation Ordinance
DRAFT - July 31, 2014
9/9 – Work Session Council Finance Committee Report – Finance Policies Update on the LDC
9/16 - Council Meeting Ordinance No. – First Reading of Ordinance Amending Chapter 6 – Alcoholic Beverages
9/23 - Work Session 6:00pm Tour of NHS Department Budget Presentations Library Design Review Woodley Street Sidewalk Issue
OCTOBER
10/7 – Council Meeting Utility Rate Revision Update Approve Library Design
10/14 – Work Session Department Budget Presentations Arts & Culture Commission
10/21 - Council Meeting Council Work Plan Update Cannon River Study Process
10/28 - Work Session Department Budget Presentations Stormwater Management Plan for the Spring Creek Watershed Options
NOVEMBER
11/4 – NO MEETING ELECTION
11/10 – Council Meeting (MONDAY) Canvass votes
11/11 – NO MEETING HOLIDAY VETERAN’S DAY
11/18 - Council Meeting
11/25 - Work Session Hospital Board Year End Report DRAFT - July 31, 2014
DECEMBER
12/2 – Council Meeting Approve Tobacco License Renewals Budget/Tax Levy Public Hearing & Approvals
12/9 – Work Session
12/16 - Council Meeting – OPTIONAL