Loading...
HomeMy WebLinkAbout08.15.05 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA PRE-CITY COUNCIL MEETING August 15, 2005 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingjitture. AGENDA REGULAR CITY COUNCIL MEETING August 15, 2005 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS '. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (8/1/05 Regular) (8/8/05 Special) b) Approve Temporary On-Sale Liquor License - Administration c) Authorize Disposal of City Property - Police d) School and Conference - Police e) School and Conference - Police f) School and Conference - Parks and Recreation g) Appointment Recommendation - Human Resources h) Approve Solid Waste Exemptions - Parks and Recreation i) Capital Outlay - Parks and Recreation j) Consent to Extension of time for Approval of Final Plat - Executive Estates - Community Development k) Approve Bills Approved Approved Authorized Authorized Authorized Approved Approved Approved Information Received Approved Approved 8. PUBLIC HEARINGS a) Adopt Resolution - Transfer ofHRA to EDA - Community Development Ord 005-541; R104-05 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Distribute Draft 2006 Budget Document - Finance (verbal) b) Update Joint Dispatch Joint Powers Agreement - Administration c) Request for Authorization to Update System Plans - Community Development Information Received Information Received Approved 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Comprehensive Plan Amendment and Rezoning Christensen Property - Community Development b) Cataract Fire Relief Association 2006 Pension Request - Administration 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) City Administrator Update 14. ADJOURN Denied Pulled Information Received City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING August 15, 2005 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS '. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (8/1/05 Regular) (8/8/05 Special) b) Approve Temporary On-Sale Liquor License - Administration c) Authorize Disposal of City Property - Police d) School and Conference - Police e) School and Conference - Police f) School and Conference - Parks and Recreation g) Appointment Recommendation - Human Resources h) Approve Solid Waste Exemptions - Parks and Recreation i) Capital Outlay - Parks and Recreation j) Consent to Extension of time for Approval of Final Plat - Executive Estates - Community Development k) Approve Bills Page 1-1 Page 2-1 Page 3-1 Page 4-1 Page 5-1 Page 6-1 Page 7-1 Page 8-1 Page 9-1 Page 10-1 Page 11-1 8. PUBLIC HEARINGS a) Adopt Resolution - Transfer ofHRA to EDA - Community Development Page 12-1 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Distribute Draft 2006 Budget Document - Finance (verbal) b) Update Joint Dispatch Joint Powers Agreement - Administration c) Request for Authorization to Update System Plans - Community Development Page 13-1 Page 14-1 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Comprehensive Plan Amendment and Rezoning Christensen Property - Community Development b) Cataract Fire Relief Association 2006 Pension Request - Administration Page 15-1 Page 16-1 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) City Administrator Update Page 17-1 14. ADJOURN /a- COUNCIL MINUTES PRE-MEETING August 1, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked for a brief history of the Ash Street annexations and if there was neighborhood notification. Community Development Director Carroll stated certain properties were identified as being subject to annexation. The township would not oppose those annexations once the Ash Street project reached a certain point of completion. Some residents have already asked when they can connect to City services. Staff wanted to have the annexation approved prior to connecting them to City services. Staffhas discussed calling a neighborhood meeting or mailing a notice. City Engineer Mann noted these properties were identified in the orderly annexation agreement as coming into the City as part ofthe Ash Street project. They will not be annexed until 85% of the improvements were in place. The main intent was to keep the City from annexing the properties two years ahead of the project. Mayor Soderberg directed staff to notify Castle Rock Township that this item is on the agenda. Councilmember Wilson asked about the modified resolution for the Industrial Park 3rd Addition Development Contract. City Attorney Jamnik replied the developer contacted the City on Friday and indicated that John and Mary Devney do not want to be signatories to the development contract. In order to take them out of the development contract the City needs to secure the easement for 208th Street. This will be by separate document as stated in the revised resolution. The developer will record a right-of-way Council Minutes (Pre-Meeting) (August 1,2005) Page 2 easement from the Devney's to the City for the 208th Street alignment according to the legal description. Councilmember Pritzlaff asked what the total fees are for an off-sale beer and tobacco license. Staff replied the tobacco license is $150 and the off-sale beer license is $50. Councilmember Fogarty noted this business had an issue last year at the other location. She asked if the violation is dealt with as an individual business or a company. Police Chief Siebenaler replied it would be a separate manager so the store itself would get the sanctions. Mayor Soderberg asked about the bill for an appraisal and if it was part of a court-ordered appraisal. City Attorney Jamnik stated it was part of the condemnation to evaluate the value both before and after. It is part ofthe judicial process for the condemnation. The City is required to pay for it. Mayor Soderberg noted there is still the issue on the value of the trees. City Attorney Jamnik added on Friday there was still some uncertainty as to what would be done with the trees. City Engineer Mann stated the property owner will not allow the City to go onto the property to remove the trees so they can be transplanted elsewhere. The property owner also does not want them transplanted farther onto the property. Staff has researched trimming the trees and to do that would be very difficult especially with the location ofthe utilities. Two ofthe trees will have to be removed because of the utilities. Staff also asked the property owner to indemnify the City if the trees are trimmed that they will hold the City harmless as to what happens to the trees after that. The property owner refused to give that indemnification. The trees will be removed as two trees are in the way ofthe services and the remaining trees will be removed when it is time for the sidewalk construction which would be in one month. The trees cannot be spaded out unless they can go on the owner's property because ofthe power lines and the owner has not given his permission to enter the property. 5. STAFF COMMENTS Regarding the development contracts, two of them have minor changes regarding final engineering approval. For Riverbend and Industrial Park 3rd Addition Council has a revised resolution. There is an issue with the development contract with Vermillion River Crossings. This will be pulled during the regular meeting a) 2006 Budget Scenarios During the budget workshop staff was directed to prepare three different budget scenarios, an 8%, 10%, and 14% increase to the levy. Finance Director Roland prepared a comparison of where we are right now. Staff assumes all revenues being equal, the City would collect the same level of revenue in 2006 as in 2005 with the exceptions of the levy increases indicated on her spreadsheet. The spreadsheet shows the total levy times 8% less the additional which would be required for the debt, the amount that could go to the general fund, and what it would cover. It also shows an increase to transfers in for administrative services for enterprise funds. Staff assumed that would go up 5% across the board. Council Minutes (Pre-Meeting) (August 1,2005) Page 3 Because there are two liaison officers, the school will be billed that much more and that will be additional revenue, otherwise all revenues stay the same. The 8% level funds three items, no new positions, no capital outlay, part-time, overtime, supplies increases, etc. Staff will be preparing the draft budget document and asked Council which scenario they wanted to see in that document and how do they want staff to deal with any items in addition or any deletions to those budgeted items. The 14% level funds a variety of things including additional staff, however capital outlay is above and beyond that to a certain extent. That could be funded by a transfer out of a capital equipment fund which currently has a significant fund balance and would be able to absorb the capital outlay without further bonding for 2006. Staff could also do a transfer from the private capital projects fund where additional engineering charges and administrative charges are allocated. There are other revenue options, however staff has not chosen to use them in order to stay with the idea that the property tax is the main funding mechanism. This does not address any contingency funds for 2006, the capital outlay could be identified as 2% ofthe 14%, but some adjustments would need to be made. Staff asked for direction on preparation of the final document. Mayor Soderberg stated this is to prepare us for the initial levy amount. Once we set it, we can decrease it but we cannot increase it. City Administrator Urbia recommended going with the 14%. Councilmember Wilson clarified 14% means that is where the levy is set. Staff replied correct, and that would capture the entire increase in the tax valuation for 2006 and the tax rate would remain the same. Councilmember McKnight asked what the additional positions are under the 14%. Staff replied there are two police positions, one an upgrade to sergeant, an accounting technician for finance which would be shared with utility billing as there will be a conversion next year, a park and rec secretary starting July 1, a mechanic/maintenance worker for public works and the fleet area. Councilmember McKnight asked if the capital outlay was the progression to moving away from bonds and pay as we go. Staff replied yes. The original thought was to take the 14% and split it into 12% and 2% with the 2% being a capital levy that would be identified as paying for those items and not having to bond for them and try to build up a balance over a period of time. Council reached a consensus to levy at the 14%. Councilmember Pritzlaff clarified the 10% does not include any new employees. Staff replied correct. The problem is that a 10% increase in the levy does not equate to a 10% increase in expenditures overall. Right now we are at a 9% increase to expenditures. Staff will prepare the budget document at 14%, bring it to the next Council Meeting and schedule a workshop. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:56 p.m. APIF, MOTION CARRIED. Council Minutes (Pre-Meeting) (August 1,2005) Page 4 Respectfully submitted, ?r?~ ynthia Muller Executive Assistant COUNCIL MINUTES REGULAR August 1, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant George and Sharon Flynn, Marian Brown, Bob and Carolyn Papke, Randy Oswald, Guy Smith, Jim Bell 4. APPROVE AGENDA Upon the request of the developer, City Engineer Mann pulled item 7p) Vermillion River Crossings Development Contract for discussion. MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Commissioner Joe Harris He thanked the Council for working with the county on various items. He spoke about various projects such as the legislature approving a sales tax exemption for 800 MHz equipment and the east-west corridor meeting. He appreciated Council getting the Ash Street project done and working on transit issues. He realized there is a major issue with hwy 3 and urged the City to continue to push the state for improving hwy 3. b) Ms. Marian Brown, SWCD Ms. Brown introduced herself to Council as the Soil and Water Conservation District 2 Representative. She gave an overview of who they are and what they do. Council Minutes (Regular) August 1, 2005 Page 2 c) Adopt Resolution - Accept DV AC Donation for Depot Way Arts Park- Parks and Recreation Council formally recognized the DV AC for the vision they created in the Depot Way Arts Park. Ms. Carolyn Papke gave the history of the Arts Park. She recognized LaDonne Riste and Dakota Electric for providing an economic development grant in the amount of $6,000 to get the park started. Since then there have been numerous donations and in-kind work. The DV AC donated $30,256 worth of art located in the Arts Park. Parks and Recreation Director Distad thanked the DV AC for their hard work and the vision they have started and that the City hopes to continue. Council also commented on the growth of the art in the park and how much it is enjoyed. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R91-0S accepting the DV AC donation for the Depot Way Art Park. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Wilson, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (7/18/05 Regular) (7/11/05 & 7/18/05 Special) b) Approved Beer and Tobacco License - Administration c) Adopted RESOLUTION R92-0S Approving Gambling Event Permit- Administration d) Adopted RESOLUTIONS R93-0S and R94-0S Approving National Incident Management System and Intrastate Mutual Aid Agreements - Police e) Adopted RESOLUTION R9S-0S Accepting Donation Mom's Club - Parks and Recreation f) Adopted RESOLUTION R96-0S Accepting Donation New Arena Sign - Parks and Recreation g) Received Information Capital Outlay - Parks and Recreation h) Received Information Capital Outlay - Administration i) Approved School and Conference - Administration j) Approved Appointment Recommendation - Police k) Approved Contract 2005 Striping Project - Engineering 1) Adopted RESOLUTION R97-0S Schedule Assessment Hearing 2005 Sea1coat Project - Engineering m) Adopted RESOLUTION R98-0S Schedule Assessment Hearing Ash Street Project - Engineering n) Adopted RESOLUTION R99-0S Approving Industrial Park 3rd Addition Development Contract - Engineering 0) Adopted RESOLUTION RIOO-OS Approving Riverbend Development Contract - Engineering q) Authorized Sale of Fire Department Tanker Truck - Fire Department r) Authorized Sale of Self-Contained Breathing Apparatus - Fire Department s) Adopted RESOLUTIONS RIot-OS and RI02-0S Approving Ash Street Project Property Annexations - Community Development Council Minutes (Regular) August 1,2005 Page 3 t) Approved Bills APIF, MOTION CARRIED. p) Adopt Resolution - Vermillion River Crossings Development Contract - Engineering The developer wanted to address the Council regarding an issue in the development contract. Mr. Dick Allendorf, 14831 Energy Way, Apple Valley stated he is the Project Manager for Vermillion River Crossings. The plat was approved by the Council subject to a development contract being executed. Therefore, they cannot get their loan for the project because the plat is not recorded and approved. Without the loan the construction company will not get in the field, and without getting in the field in a timely manner they would lose 6 months. He appreciated staff and the work they did in a very short amount of time to prepare the development contract. The one issue has to do with the tax abatement concept. Ehlers confirmed that but for tax abatement they could not proceed with the project. This is addressed in the development contract and says the developer shall be responsible to pay for the construction of Spruce Street from Denmark Avenue to the Town Square per the approved Spruce Street alignment. The developer cannot sign the contract this way, because they would be saying they can afford $2 million for Spruce Street which is not the case. The developer suggested supplementing this statement with the tax abatement saying the developer will pay the $2 million but they will enter into a tax abatement agreement which pays the money back. Mr. Allendorf understood this to be Council's intention and wanted this in the development contract. Their attorney sent some language to the City Attorney. He asked Council if they agreed with the concept and understood the problem with the development contract. Mayor Soderberg stated that was the intent at the workshop. He felt it would be advisable for the attorneys to craft some language and bring the contract back for approval. City Attorney Jamnik stated the concern is timing. He suggested having a special meeting prior to the next regular meeting on August 15,2005. The payout term of the assessments has not been determined. He still has some concerns about the risk of loss as indicated in the draft language the obligation would be maxed at $2 million for the developer. We need to reconfirm the construction estimates to make sure the construction would be less than the $2 million plus the $955,000 grant because if we exceed that cost the most we would get out of the developer would be $2 million. Mayor Soderberg stated at the workshop they indicated they would be interested in 10 years. Mr. Allendorf stated they agree with the 10 years. Councilmember McKnight noted there is still the tax abatement process to go through. City Attorney Jamnik added having this language in the development contract commits the City to going through the abatement process. Council agreed to hold a Special Council Meeting on August 8, 2005 at 5:00 p.m. MOTION by McKnight, second by Pritzlaffto table the Vermillion River Crossings Development Contract until August 8, 2005 at 5 :00 p.m. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes (Regular) August 1,2005 Page 4 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) June 2005 Financial Report - Finance As far as revenues, the City received an advance ofthe property taxes in June which brought us to almost $1.5 million in the general fund. The rest was received in July. Licenses are ahead of where they should be, however permits are less than 25% ofthe annual budget amount at 50% of the year. Fines are slightly lower, but we are a month behind on fines revenues. The total amount in the general fund is around 30% ofthe annual budget. This will change in July when the rest ofthe property tax revenues are reflected. Weare consistent with last year except for permits. Last year we were at 50% of annual permit revenue, which was lower than budgeted. Regarding expenditures, overall the general fund is at 46% of annual expenditures. Some departments are over budget and some are at 50%. Police expenditures reflect $44,000 worth of expense for the storm on June 24,2005. The estimated total cost ofthe storm is $60,000. Councilmember Wilson stated regarding permits when he spoke with staff they felt the third and fourth quarters would be very strong because of various developments. He asked if we were still on track for that. Finance Director Roland felt that would be the case. Stafftalks about the number of residential permits and tag it at 350. That is the number of permits needed to get to the level of revenue in the budget. She believes we will hit our budgeted revenue. We may not build 350 new residential units, but we will hit the revenue budget for permits because ofthe houses that are built and the commercial retail development building permits which you will see in larger dollar amounts which come into the revenue side. Councilmember Wilson appreciated Finance Director Roland giving them this update. Councilmember Pritzlaff asked if the $60,000 storm damage is in one category. Staff replied it is in emergency management. Councilmember Fogarty stated she was optimistic and felt they would get close to that number of permits. Finance Director Roland gave an overview of the 2005 budget. Savings include $11,000 because of not needing a special election, the citywide training budget has not been spent because of a number of issues in the Human Resources Department, Public Works did not need to hire summer help so that saved $16,000, and delayed hiring some positions which saved $61,000. Also the Park Keeper position and the % time Building Inspector position have not been filled and that is a savings of $88,600. Council Minutes (Regular) August 1, 2005 Page 5 The costs include things staff and Council have identified as things that will cost money this year and were not budgeted for. These include the powerline appeal amounting to $40,000, fuel costs were budgeted at $ 1. 5 O/gallon and are paying $2.25 and $2.50/gallon, which is an increase of almost a third over what is budgeted. Currently $70,000 is budgeted for 2005 fuel and anticipate spending $40,000 more than that given that gas prices do not go down. This will also be a challenge in the 2006 budget. Also included in the costs is the storm damage clean-up. There is the Dakota County Joint Dispatch cost. When the 2005 budget was prepared there was no discussion of a joint dispatch project. Since the HiPP project it has been identified there will be joint dispatch. An Executive Director will be hired for this project by the end ofthis year which would end up costing the City an additional $10,000 above what was budgeted for in dispatch costs. Currently the police overtime budget is on track to hit the $70,000 budgeted number. That is assuming we do the hiring and delay in staffing as discussed. If there are difficulties, additional overtime might be necessary and that is a potential offset to any savings in the police area. Building permit revenues are at only 25% of budget. Staffhas reviewed their budgets and is trying to hold off on purchases not made yet or money not spent yet. Short of eliminating overtime completely, short of other personnel type of expenditure reductions, she is not certain where we would cut this budget. We cannot cut capital items as those are coming out of a bond or another fund. There is no capital in the general fund. Staffwill prepare the preliminary 2006 budget for the August 15,2005 Council meeting. Mayor Soderberg asked if Finance Director Roland had any projections on what will be a shortage in the budget. Staff could not guess. Mayor Soderberg stated the biggest concern is the permit revenue. It looks like every department is holding down costs. Councilmember Fogarty stated when the Maintenance Facility and Police Station were built, they had discussed installing our own gas pumps. For this kind of money, she thought the amount was $100,000. She felt over a couple of years and make a capital investment in 2006 they could see the money come back fairly quickly. Finance Director Roland replied staff is investigating that. This will be included as part of the CIP. The savings might take more years than expected to pay that back. Councilmember Fogarty asked if any dollars come in under budget on fire station number 2, could those bond dollars be applied to it since they would utilize it. Staffwill check with bond counsel to make sure it would be an appropriate expenditure depending on whether it was put on the project as a change order. Councilmember McKnight noted Finance Director Roland showed a savings of not hiring positions. He asked if those numbers are as of today. She replied those would be if we did not hire at all this year. During budget discussions staff has agreed that both of those positions will wait until 2006. They are not considered new positions in 2006, but are currently in the budget number for 2006. He requested staffto forward this presentation to Council. Council Minutes (Regular) August 1,2005 Page 6 b) Appointment to Cedar Avenue Transit Group - Administration The Mayor and City Administrator Urbia interviewed two candidates for the Cedar Group. Mayor Soderberg recommended appointing Mr. Jared Agerter as he is actually a user ofthe transit system. This is also in keeping with Council's goal of community involvement. MOTION by Pritzlaff, second by Wilson to appoint Mr. Jared Agerter to the Cedar Group. APIF, MOTION CARRIED. c) Cataract Fire Relief Association 2006 Pension Request - Administration City Administrator Urbia stated the required contribution is not near what the City is doing. The City is contributing $60,000 and the state requires $435. Staffis recommending the City contribution stay stable at $60,000. In the past there was a plan that the City contribution increases $5,000 every three years. The Relief Association requested an increase per service year pension benefit level. Currently that level is at $3,200. They requested to go up to $3,500 and the City contribution would be at $65,000. If Council wanted to review this further, this item could be tabled to the August 15,2005 meeting. Mr. Bill Sauber, 5330 193rd Street, President of the Cataract Relief Association, stated their purpose is to manage, maintain and grow the pension for the Fire Department. The reason they asked for more money this year is because they have taken a deficit in the amount of contribution from the City per member. They went five years with less than a 1 % benefit increase. When the program was set at a $5,000 increase every three years they were at 36 members. Presently they are at 44 members. Ifthey stay at $60,000 next year with 44 members that would be a 21 % decrease over the original program that was set up. They would like a benefit increase to $3,500 for next year. In turn ifthey are adding four new members next year, that puts them at even less money per member from the City contribution to the pension fund. Mayor Soderberg asked him to explain the 21 %. Mr. Sauber stated they set up the $5,000 increase every three years in 1996. It amounted to a 3% increase every year with the increase coming every three years. If they were currently at 36 members they would be at $1667 per member per contribution. By going to 48 members and only $60,000 next year we will be at $1250 per member from the City's contribution. Mayor Soderberg stated the table shows the pension fund is funded at 93% versus 86% overall. Mr. Sauber thought at the end oflast year they were in the low 80's. Mayor Soderberg stated the table shows 86.2% funded and projections for 2005 are increased to 93.6% funded. Mr. Sauber stated at one point they were underfunded and their goal is to be 95%-100% funded. In 1999 they were 105% funded. Mayor Soderberg noted 1997-1999 it was over 100% funded. Councilmember Fogarty asked about the benefits and asked if it was an annual benefit per year. City Administrator Urbia replied that is correct. Ifthey serve 20 years, multiply that by $3,200 and that would determine the lump sum contribution. After 20 years they are 100% vested. He stated if they can stay Council Minutes (Regular) August 1, 2005 Page 7 around 100% that is ideal. You do not want to be over that for too long. The City's goal is 90%-100%. Counci1member Fogarty stated she understood this better a week ago than she does now. She cannot make a decision tonight. She would like to meet with Finance Director Roland. Councilmember McKnight stated we set the benefit level per year and if we increased it to $3500 next year without increasing our contribution, the percentage of funding would go down. City Administrator Urbia replied it would go down from 93.6% to 93.1 %. These are projections assuming a level of investment earnings and state contribution. Councilmember McKnight clarified the table assumes a $3500 figure for 2006. Staff replied that is correct. Councilmember McKnight stated the question is a) the City contribution level and b) the benefit level. Councilmember Wilson stated he had a sense of what they were looking for and wanted to take a serious look at this. At the same time we also received the budget information tonight and we know we are nearing the end of our 2006 budget planning cycle so taking some extra time is important. There was a legislative discussion relative to the level of pension funding that would be authorized by the state. He asked if the estimated 2005 and 2006 amounts are different than what is identified based on legislative action. City Administrator Urbia will have to review that bill. Councilmember Wilson stated he would like to have that information and would like these same tables for 2004. He agreed to table this to August 15,2005. Councilmember Pritzlaff agreed with getting more information. Mayor Soderberg stated he would support the $60,000 funding for 2006. Without knowing how the investments are doing and the state contribution, and with the budget cycle in process, this is an ill-timed request. As the majority of the Council wants more information it is advisable to continue this item to August 15, 2005. MOTION by Pritzlaff, second by Wilson to continue this item to the August 15,2005 Council meeting. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She noted there were 81 pages of minutes in the packet and thanked Executive Assistant Muller for her hard work. Council Minutes (Regular) August 1, 2005 Page 8 Councilmember Wilson: He also acknowledged the amount of minutes that were done. He acknowledged the Mom's Club for their donation to Parks and Rec. Councilmember Pritzlaff: There is a Cedar Group meeting on Wednesday and asked if staff would be contacting Mr. Agerter to attend that meeting. Mayor Soderberg stated Mr. Agerter did indicate he would be able to attend the meeting and City Administrator Urbia will contact him. City Administrator Urbia: The Cedar Group meeting is Wednesday at 3 :30 in Apple Valley at the Dakota County Western Service Center. He will contact Mr. Agerter regarding his appointment. The leadership breakfast with the school is scheduled for every first Friday. Mayor Soderberg and Councilmember McKnight will attend. At the next meeting, staff will present the final draft of the Joint Powers Agreement for the Joint Dispatch component. Dakota County staff would like to give a transit update and he suggested doing this the first or third Monday in September, instead of doing the pre- meeting and start at 6:00 p.m. It was decided to do this prior to the September 19 Council meeting at 6:00 p.m. Councilmember Pritzlaff asked if the Cedar Group meeting was at the Western Service Center or at the Apple Valley City Hall. City Administrator Urbia will confirm the location of the meeting. Police Chief Siebenaler: Reminded everyone that August 2 is National Night Out. There will be 21 neighborhood block parties. This started as a crime prevention celebration. It has turned into a way for neighbors to get to know each other and to discuss issues in their neighborhood. EconoFoods will be holding a block party in their parking lot. Mayor Soderberg will be participating and from there they will be going to various block parties around town. Mayor Soderberg: EconoFoods and the businesses in City Center are hosting a National Night Out party. He will be in the dunk tank. Proceeds will go to the cub scouts. There will also be a child identification program and a clogging presentation. He received a call regarding the Executive Estates park issue. The developer wants to get started, but Park and Rec had a concern with making sure they get the same amount of land nearby if not now in the future rather than cash in lieu. The golf course area to the east was identified. City Attorney Jamnik stated a contract could be drafted that would be close to that solution. Councilmember Fogarty stated her biggest concern is they have land in that area for a park that families can get to without crossing hwy 50. Councilmember McKnight stated he was willing to gamble to get the bigger park to the east. He would be comfortable with a contract for this. Councilmember Wilson stated there are discussions with the school regarding the area nearby and his thoughts remain the same as last week. Councilmember Pritzlaffwould agree to get the same amount of land. Mayor Soderberg asked when this would be brought forward again. City Administrator Urbia stated it will be discussed tomorrow at the Development Committee meeting to determine how soon these issues can be resolved. He will advise Council after the meeting. Councilmember Wilson recalled in addition to the park, they were talking about trails and how it related to other developments. He hoped staff would work to provide some clarity on all components such as park, trails, and the adjacent business Council Minutes (Regular) August 1, 2005 Page 9 park. Councilmember Pritzlaff asked ifthere was a small issue, would they still have to wait until the first meeting in September. City Engineer Mann replied if there is an item that can be resolved and will not affect the plat, then they do not hold up the plat from coming to Council. The issues that could change lot lines, and that could change the plat need to be resolved before the plat is brought to Council. Mr. Randy Oswald, Park and Rec Commission Chair stated this will be discussed at their meeting on August 10,2005. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, //v~~ /Y?~ ~ia Muller Executive Assistant COUNCIL MINUTES SPECIAL AUGUST 8, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 5:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Wilson Pritzlaff David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Dick Allendorf 4. APPROVE AGENDA MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. UNFINISHED BUSINESS a) Adopt Resolution - Vermillion River Crossings Development Contract - Engineering City Administrator Urbia informed Council that language regarding the abatement and assessments has been added to the contract. This has been reviewed by the bond counsel and the City Attorney and they have approved this. Included in the contract is a fixed dollar amount for the project. The developer has asked to include $2 million. Staff estimates the project to be $3,050,000. After deducting the $955,000 grant the City's share would be $95,000. Finance Director Roland felt Council should not focus on the $95,000 any more than necessary. The Spruce Street extension and bridge project cost is an estimate. The number could change as the project goes along. The $2 million figure is appropriate. There would be no more than $2 million assessed against the lots in the Vermillion River Crossings project. She felt this should fund the project with the grant. Councilmember McKnight asked why the number would not be $2,095,000. Finance Director Roland replied staff estimated the project at $2 million and the developer took it as an absolute. In the feasibility study for the Spruce Street bridge project there are components which can be removed if the project goes over the $3 million. There will be costs borne by the City due to their nature. The developer wanted $2 million in the contract and that is what is there. Council Minutes (Special) August 8, 2005 Page 2 Councilmember McKnight asked for Mr. Allendorfs comments, but he had nothing to add. Councilmember Wilson noted the time period could be less than 10 years, but 10 years is the maximum. Finance Director Roland stated at most it would be 10 years. MOTION by Fogarty, second by Wilson to adopt RESOLUTION RI03-05 approving the execution of the Vermillion River Crossings Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. APIF, MOTION CARRIED. Community Development Director Carroll gave an overview of what was discussed at the Dakota County Plat Review meeting today. The county asked about the north-south road and the east-west road. They discussed the county property to the west being sold and developed. They will be private roads. The county asked ifthey would be able to connect a future east-west road to the intersection. The county wanted language added to the development contract that would guarantee them that right. Staff does not feel this is necessary. Any development on the county property and Vermillion River Crossings would benefit from a through street. Mr. Allendorf, Project Manager, did not have any concerns with a possible through street. That indication was sufficient for staff. This was not a requirement by the county, it was only a suggestion. Mr. Allendorf stated he sees nothing but benefit to any development on the county property to connect them. City Administrator Urbia noted in the contract there is a sentence stating bike trails and sidewalks must be completed before building permits are issued. This is a phased-in project and the City has security money to make sure everything is done. Parks and Recreation Director Distad stated that language pertains to residential development. There has not been an issue with putting in trails after development in commercial areas. Mayor Soderberg and Council agreed with allowing installation of trails with the phasing ofthe project. All Park and Rec Commission comments have been satisfied. Mr. Allendorf thanked Council and distributed a brochure regarding Vermillion River Crossings. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 5: 16 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ /-Y?~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 76 TO: Mayor, Councilmembers, City Administrat~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - St. Michael's Church DATE: August 15,2005 INTRODUCTION St. Michael's Church is requesting a Temporary On-Sale Liquor License for their Fall Festival to be held September 16-18,2005. DISCUSSION This event will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staff was informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for St. Michael's Church, 22120 Denmark Ave., for their Fall Festival, September 16-18,2005. Respectfully submitted, . #~11. 4Aq , LIsa Shadlck ~ Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7e. TO: Mayor and Councilmembers /J A J\ City Administrator pv · FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Disposal of City Property DATE: August 15,2005 INTRODUCTION illISCUSSION At its regular meeting of August 1, 2005 the City Council approved the removal of the radio tower from City Hall. The tower is to be moved as an expense to the Communications Budget. Before expending any money on the project, staff is requesting permission to advertise the tower as a "Free" item. It has potential use as a Ham Radio tower and possible other uses as well. Staff would require the removal of the tower in a timely manner and with proper insurance protection as part of the "Giveaway" BUDGET IMPACT If the tower can be given away and removed at the expense of the new owner the City would save in excess of $8,000 to its Communications Budget. ACTION REQUESTED Authorize the advertisement ofthe City Hall Radio under the conditions described above. Respectfully submitted, Daniel M. Siebenaler Chief of Police /' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7ei TO: Mayor and Councilmembers A~ City Administrator 7' - Daniel M. Siebenaler, Police Chief FROM: SUBJECT: School and Conference DATE: August 15,2005 INTRODUCTION / DISCUSSION The Department of Homeland Security Emergency Management (HSEM) along with other Public Safety organizations is sponsoring a "Terrorism Symposium" at Anoka Technical College. The sessions will focus on potential terrorist targets and activities here in Minnesota as well as Public Safety preparedness and response. Staff is requesting authorization to send up to four members of the Police Department to the Symposium November 15 and 16. Staff is also requesting authorization to send a Detective to a Background Investigation course in New Brighton October 4-6. The Background Investigation course is an integral part of the Police hiring process and is also widely used in other hiring processes in the City. BUDGET IMPACT Registration for the symposium is $175.00 per attendee. The registration for the Chief of Police will be funded through the Administration Training Budget. The remaining funds will be paid through the Patrol Division Training Budget. Registration for the Background Investigations course will be $275.00 and will be funded through the Investigations Division Training Budget. All of the budgets identified are sufficiently funded to cover these expenditures. , ACTION REQUESTED Authorize attendance at the Terrorism Symposium November 15-16 at Anoka Technical College and at the Background Investigations course in New Brighton October 4-6. Respectfully submitted, / Daniel M. Siebenaler Chief of Police }e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembe"Q t\.~ City Administrator {)J - FROM: Daniel M. Siebenaler, Police Chief SUBJECT: School and Conference Request DATE: August 15,2005 INTRODUCTION / DISCUSSION Staff is requesting authorization to send an officer to a Rifle Instructor's course. The course will be held September 6-8 at the Apple Valley - Eagan Firearms Range. This course will certify one of our officers as an instructor for the rifles that were added to our armory over the past two years and allow POST (police Officer Standards and Training) certification of the classes he provides as a result. Implementation of this program serves to fill a need and goal to bring this training in-house at a reasonable cost to the City. BUDGET IMPACT The cost of the program is $350.00 and is available in the Training Budget of the Patrol Division. ACTION REQUESTED Authorize registration for the Rifle Instructor's Program as identified above. Respectfully submitted, Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7-( TO: Mayor, Councilmembers and City AdministratP-- FROM: Randy Distad, Parks and Recreation Director SUBJECT: School and Conference DATE: August 15,2005 INTRODUCTION Lena Larson, Administrative Assistant is requesting to attend a seminar called Managing Emotions and Thriving Under Pressure. DISCUSSION As part of her staff training, Lena Larson is requesting to attend a seminar called Managing Emotions and Thriving Under Pressure. Since many tasks that she performs in her job are related to customer service, which from time to time can result in having to deal with customer's emotions and the resulting pressure to make good customer service decisions, this is an appropriate seminar for her to attend. The seminar also offers good training on how to improve your organizational skills in the work place. This seminar will be held in Bloomington, Minnesota on October 11,2005. BUDGET IMPACT Funding for the seminar's $199.00 registration fee will be split equally between the following 2005 budgets: Solid Waste, Water and Stormwater Fund. There are funds available in these budgets to cover the registration fee. ACTION REQUESTED Approve request to attend the Managing Emotions and Thriving Under Pressure seminar. ~y;nv Randy Distad, Parks and Recreation Director cc: Lena Larson, Administrative Assistant Lee Mann, Public Works Director/City Engineer City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Councilmembers, and City Admi11istrato~~ Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Community Development DATE: August 15,2005 INTRODUCITON The recruitment and selection process for the appointment of a full-time Administrative Support Technician, to fill a vacant position in the Community Development Department, has been completed. DISCUSSION After a thorough review of all applicants for the full-time Administrative Support Technician by the Community Development Department and Human Resources Office, a contingent offer of employment has been made to Ms. Lisa Dargis, subject to ratification by the City Council. Ms. Dargis has an extensive background in administrative support. She was previously employed by City of Bloomington as an Office Assistant in Building Inspections performing a variety of functions. Ms. Dargis meets or exceeds the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2005 budget. RECOMMENDATION Approve the appointment of Ms. Lisa Dargis in the Community Development Department, effective August 17,2005. Respectfully Submitted, /l J \'~~-r~a(.{~t- Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7~ TO: Mayor, Cooncilmembers and City AdmiruSlIato~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Approving Solid Waste Exemptions DATE: August 15,2005 INTRODUCTION City ordinance allows property owners to request from the City Council an exemption from City garbage service. DISCUSSION Three property owners have requested exemptions from City garbage service. In all three cases, the reason stated for the exemptions is that the properties are currently vacant. In the future should these properties become occupied, City garbage service would be resumed. Attached is Exhibit A, which identifies the properties and the reason for the exemption being requested. BUDGET IMP ACT: Should the City Council exempt these properties from City garbage service, then there will not be any costs incurred to pick up the garbage at these three properties nor will there be any fees collected. ACTION REQUESTED To approve by motion the exemptions identified in Exhibit A. ?J7~~ Randy Distad, Parks and Recreation Director cc: Benno Klotz, Solid Waste Supervisor Robin Roland, Finance Director Lena Larson, Public Works Administrative Assistant Deb Richter, Accounting Clerk z 0 i= D.. :E W >< W 0::: 0 LL Z 0 tJ) l- I- l- e( Z Z Z W <l: <l: <l: 0::: () () () ~ ~ ~ L() L() L() <=> <=> <=> 0 it; ii5 N <=> ~ W CO ;:::: ;:::: :E C:i C:i C:i 0 w w W l- I- I- 0 <l: <l: <l: I- 0 0 0 ::') l- I- I- 0 ~ ~ ~ 0 0 0 u: u: u: u. u. u. <l: <l: <l: , , , I , It I ~ I <C L() 1 <=> I :E <=> ::!; ::!; ! I:::! i 0::: ~ z z W ~ tn ,l- I- .... 'W - !...J ~ ~ i IW l- e e( + - 0 U- I- 'Of <=> U- s; <=> ::!; ::!; . II) N ~ it; z z <C 0 e( it; 0 0 '~ W N [: LL .~ C) IF~~-- LL.\ <C m D=: tJ) l- I- tJ): C/) ::::> I- <C Wi W Z C/) --' --' 0 0:::, 0- ~ a: C) 0' <l: C") :; <=> Of ~ ~ N e(1 <0 <0 C") I Z 0 C/) z II a: 52 :5 w ~ J: 52 () J: ~ C/) z UJ u: W J: W J: 0 0:: 0- W 0 <l: I- 0 :; C/) I- ,'" "I~ c; N <=> 1-00 L() L() <=> <=> z:::! <=> <=> ~ <=> ::')0 <0 N o~ C") <=> <=> 00 <=> <=> L() <=> 00 c; C") <=> e(~ ex:> N C") City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7,' TO: Mayor, Councilmembers and City AdrillniSIIa~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Capital Outlay Hill Dee Park Improvement DATE: August 15,2005 INTRODUCTION Hill Dee Park was scheduled for improvements to be completed in 2005. DISCUSSION Improvements identified in the Hill Dee Park Master Plan included the construction of a full court bituminous basketball court and bituminous trail connections to the basketball court and a picnic shelter. Staff solicited quotes from nine contractors and received quotes from five contractors for this bituminous work. Attached is Exhibit A, which contains information about the quotes received from the five contractors. Radloff and Weber Blacktopping, Inc. from Prior Lake, Minnesota submitted the low quote in the amount of$11,900.00 for completing this project work. BUDGET IMPACT The budget estimate in the Park Improvement Fund Budget for constructing a full court bituminous basketball court and trail connections to the basketball court and a picnic shelter was $14,000.00. The low quote received for this work is $2,100 less than the budget estimate. ACTION REQUESTED No action is requested. This is for informational purposes only. ::t::?::~ itt() Randy Distad, Parks and Recreation Director ns .Q .... CI) ~ en <&1 ~ r... ns c.. CI) CI) c + ~ ,~ ')/ .- w J: c ,S en c E r... ns LL. .... o ~ () II) o o N en c o = .!! :::s .Q ns l- S o :::s a .... CJ CI) '0' r... c.. c o = ns r... ,Sli = ~ D:::() -~ ns r... C 0 ~3: " " <( " c ns ns r... I- " c ns ~ I- en :::s CI) o CJ .: ~ E :::s .acn in ~ r... ns c.. CI) CI) c o o o o o (V') Y7 nsooooo .Qooooo .... CI) 0 0 co 010 ~OOvOLO enLOO>O>LON ~ IN..... I'-- N I'-- ....................N..... ._ ~ I Y7 Y7 Y7 Y7 Y7 J: 0 r...() .2:; SLL. o :::s a CI) en ns m II u g >. I c: c: 0) ~ u . r... c: c: ""'E c: (.) o c: o .- a. 0 C/) 1:) t5 g-u >. g ns:J..... mc: r... ~ ~ C/) S: .;::; .... C/) (.) >. "0 ..,... gg~~~~ ()UL..mO::~ .... Q) (.) O-;..o22C/)~ CI) .c Q) 5 a:l E g-sjg c: m ca<(~gE.c Z _Q):JQ) soC:=:Q.. ~=cC:a:l ....,m~ 0:::: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' J TO: Mayor, Council Members, City Administrator lcfJv y FROM: Lee Smick, AICP City Planner SUBJECT: Consent to Extension of Time for Approval of Final Plat - Executive Estates DATE: August 15,2005 INTRODUCTIONIDISCUSSION The Developer, Colin Garvey, has requested an additional 60 days for review of the Executive Estates Final Plat (see attached letter). State statute allows 60 days for review of a final plat. The final plat was submitted by the Developer on June 27, 2005 and the 60-day review period ends on August 27,2005. Therefore, the Developer is requesting an additional 60 days for review of the final plat in order for his engineer to submit revisions to the plat. ACTION REQUESTED Approve the Developer's request for an additional 60 days for review of the Executive Estates Final Plat to October 15, 2005. ~l~ Lee Smick, AICP City Planner cc: Colin Garvey Castle Rock Development, Inc. 22098 Canton Court Farmington, MN 55024 Phone 651-463-4825 August 10th, 2005 City of Farmington 325 Oak Street Farmington, MN 55024 I would like to request a 60-day extension on the final plat on the Executive Estates plat. Sincerely, <3a.., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council and City Administrato~ FROM: Kevin Carroll, Community Development Director SUBJECT: Conversion from Housing and Redevelopment Authority [HRA] to Economic Development Authority [EDA] DATE: August 15,2005 INTRODUCTION The Farmington Housing and Redevelopment Authority [HRA] has recommended that the City Council change the format ofthe HRA to that of an Economic Development Authority [EDA]. DISCUSSION During 2004, the members of the Farmington HRA began discussing the possibility of changing the format of the HRA so that it could more closely reflect the type of work that the City needs and wants to be doing in the area of economic development. As those discussions progressed through 2004 and into 2005, the HRA began to focus on the merits of converting the HRA into an Economic Development Authority [EDA]. I have attached a Memo from the City Attorney dated January 7, 2005, which provides background information on the origins and histories of HRAs and EDAs, along with a "Comparison Table" that highlights the similarities and differences between HRAs and EDAs. The main operational difference between the HRA and the EDA is in the area of membership or composition. The HRA is currently composed of one City Council member and four other residents of Farmington. The proposed EDA format would provide for a seven-member EDA, consisting of two City Council members and five other residents. This type of structure would provide an opportunity for more effective City Council- EDA interaction, and would also provide an opportunity for more community involvement and participation (through the creation of an additional "non-Councilmember" seat on the EDA). At its meetings on June 27, 2005 and July 11, 2005, the HRA reviewed initial drafts of the documents that would be needed to effectuate the transition from the current HRA format to an EDA format. Some revisions and clarifications were suggested at those meetings, and final copies of the documents in question have been attached. HRA Chair Todd Arey appeared before the City Council at its meeting on July 5 to provide the Council with an introduction to this topic. A public hearing is required prior to the adoption of the proposed Ordinance and Resolution in question. That hearing will be conducted at the August 15 City Council meeting. ACTION REQUESTED 1. Open, conduct and close the public hearing. 2. Motion to adopt the proposed Resolution Enabling the Creation of an Economic Development Authority and the proposed Ordinance Amending Title 2, Boards and Commissions, Chapter 8, Housing and Redevelopment Authority, Establishing an Economic Development Authority (EDA) for the City of Farmington and transferring all programs, projects, land, activities and personnel of the existing Farmington Housing and Redevelopment Authority to the EDA. CAMPBELL KNUTSON Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl * * Also licensed in Wisconsin Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 *** John F. Kelly Soren M. Mattick Marguerite M. McCarron Gina M. Brandt Brendan 1. Flaherty Author's Direct Dial: (651) 234-6219 E-mail Address:jjamnik@ck-Iaw.com January 7, 2005 To: Farmington HRA Board From: Joel J amnik Subject: HRAs and EDAs-Background The origins and histories ofHRAs and EDAs may provide some insight to the HRA in evaluating its composition and role within the City of Farmington. Most HRAs trace their origins back to the United States Housing Act of 1937, a New Deal program representing the first federal program committed to assist cities with building low rent housing and redeveloping blighted areas. That Act, as well as the Housing Act of 1949 and successive enactments, provided federal funds to local governments with the stated goal of providing "a decent home and a suitable living environment for every American family." HRAs were created as entities connected to, yet separate from, city hall to compete for funds, undertake housing and redevelopment initiatives" and in some cases to manage the projects following their construction in order to ensure their continued affordability and upkeep. While housing for the post-war baby boom may have been the initial focus, urban redevelopment under the Great Society's programs administered by the newly created U.S. Department of Housing and Urban Development (HUD) caused an evolutionary change in the local organizations. More emphasis began to be placed on broader redevelopment initiatives, complementing housing activities with retail, office, and other job creating land uses. The growth of HUD's Section 8, and other, housing programs was matched by a growth in local HRAs, to the point that today there are approximately 230 HRAs in Minnesota. As new governmental programs or tools were enacted to spur housing and redevelopment, or industrial or economic development, oftentimes HRAs were selected (or took the initiative to become) the lead unit of government to effectuate the program, or use the particular tool provided by the legislature. At the same time, some cities, including a few in Minnesota, that had previously been authorized by federal and state legislatures to assist or promote the creation of harbor, warehousing and transportation facilities, or to otherwise enhance or grow their port activities, started (with legislative approval) to use the port authorities' powers for commercial and industrial activities beyond the waterfront. The successes ofthe Duluth, St. Paul and Minneapolis Port Authorities to foster not only redevelopment but economic Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 development throughout the city was noticed by other city officials who sought to copy the larger cities by the creation of their own port authorities, even if they were located miles away from any real "port." Eventually, the number (and irony or incongruity) oflandlocked cities petitioning the legislature for special legislation to form port authorities in the mid to late 1980s became enough of an issue for legislators that a new entity was allowed to be formed-the Economic Development Authority. As envisioned by the proponents ofthe legislation, the EDAs focus would not be on housing, or on removal of blight, but like port authorities would work on a broad range of economic development initiatives. But unlike port authorities, which were established in some cities as quite autonomous entities, the EDA would be closely linked to the elected city council. Further, because the legislature debated the EDA legislation concurrent with the discussion of several highly publicized problem projects or issues such as the growth of the number and size oftax increment districts, certain tools available to port authorities were withheld from EDAs. For the most part, however, the passage of the EDA legislation stopped the growth of Port Authorities (now at about 25 and holding), and started a process of re-examination or reflection in many cities regarding how to best make use of these new and existing powers and structures. It is important to note that the state's economic development laws provide enough flexibility to allow each city to determine its optimum organizational structure and to change that structure over time to meet changing circumstances. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Comparison Table - HRAs and EDAs Housine: and Redevelopment Authorities PURPOSE: An HRA is responsible for determining blighted land areas, and fro preventing the spread of blight, including substandard building structures. A blighted area is one with buildings and areas that are detrimental to the health, safety and welfare ofthe community. The HRA may then provide for improvements or redevelopment of these areas through a redevelopment plan. An HRAs main area of operation is housing program development. HRAs are primarily concerned with family rahabilitiation, housing redevelopment, public housing redevelopment, public housing and rent assistance. GOVERNING BODY: Approval for any project through the approval of a redevelopment plan must be granted by the appropriate City Council or county board. Activities are controlled by a board of commissioners. An HRA is independent of the local government. Approval of the redevelopment plan for the proposed project is needed, however, by the governmental unit in order to proceed. ACTIVITIES: I. May establish a redevelopment project (Minn. Stat. ~ 469.002) for the elimination and prevention of blighted areas. 2. Carry out projects designed to improve blighted areas. 3. Acquire real or personal property for activities related to projects. 4. May provide for the administration of a commercial building loan program to preserve small sized buildings in its district. 5. May sell real or personal property for project related purposes. 6. May sell its lands and properties to private or public parties. Sale is dependent on these parties' Zresponsibilities to continue with the redevelopment plan specified by the HRA. 7. May act as federal government agent in carrying out provisions of the Municipal Housing and Redevelopment Act. 8. May exercise the powers granted to redevelopment agencies under Chapter 474. 9. Provide relocation payments and assistance in accordance with federal guidelines. Economic Development Authorities PURPOSE: The overall purpose of an EDA is to promote economic development within a district. EDAs may exercise their own powers which are similar to port authority powers, powers of a HRA, and the powers of cities in connection with development districts and municipal industrial development districts GOVERNING BODY: An EDA is created through an enabling resolution written and approved by the City Council/County Commissioners. EDAs have a board consisting of3, 5, or 7 commissioners appointed by the Mayor with the approval of the City Council/County Commissioners. The board may also consist entirely of City Council members or County Commissioners. The City Council/County Commissioners may control activities of the EDA by limiting its powers under the enabling resolution and through the annual approval ofthe EDA budget. ACTIVITIES: EDAs are granted powers within their own district, outside their development district, and, by cross-reference, the powers of HRAs, development districts in connection with the city, and agencies in connection with Municipal Industrial Development. Activities within district: 1. Acquire property of creation of development district that is tax exempt. 2. Sell or lease land either by private or public means. 3. Carry out EDA law to develop and improve land within the district. The EDA may make any necessary arrangements to make land suitable for development. Powers outside district: 1. Exercise eminent domain. 2. Enter into contracts for the purpose of economic development. 3. Purchase all materials needed to carry out development. 4. Engage in research to determine factors or specified development projects. 5. Act as limited partner in contracts with additional parties. Cross reference powers: 1. Exercise Industrial Development powers for HRA and EDA powers for industrial development activities. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. Amending Title 2, Boards and Commissions, Chapter 8, Housing and Redevelopment Authority, Establishing an Economic Development Authority (EDA) for the City of Farmington and transferring all programs, projects, land, activities and personnel of the existing Farmington Housing and Redevelopment Authority to the EDA. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 2, Chapter 8, Sections 3 - Housing and Redevelopment Authority - shall be amended by adding (underlined) and deleting (stme*) as follows: CHAPTER 8 HOUSING l\ND REDEVELOPMENT ECONOMIC DEVELOPMENT AUTHORITY 2-8-1: AUTHORITY ESTABLISHED: It is hereby recognized that in the City there was created March 18, 1974, a Housing and Redevelopment Authority which it is herein ro:i:ffirmed did and continues to exist as :in independent :idministrative authority exercising all of the powers gr:inted to it under MS^ 162.415. (Ord. 080 91, 1 7 1980). Effective upon adoption of an enablinQ resolution as required by Minnesota Statutes Chapter 469 (&469.091), all proQrams. proiects, activities and personnel of the Housinq and Redevelopment Authority are transferred to the Economic Development Authority rEDA1. The EDA Dakota County Housing and Redevelopment Authority is authorized to exercise on behalf of the City the powers conferred by MSA sections 462C.01 to 462C.08 including power to issue and sell single-family housing revenue bonds. The FIRA EDA shall, upon request of the City Council, make periodic status reports to the City Council regarding any action(s) the progress of the housing progr:im :ind bond issue undertaken pursuant to the power~ conferred hereby. The HR/\ shall submit the Housing Plan and Program for the City, prepared by the HRA, to the City Council for its approval, prior to submission of said Plan and Program to the Metropolitan Council and Minnesota Housing Finance Agency, respectively. (Ord. 083 149,8 1 1983) 2-8-2: INITIAL APPOINTMENTS: Initial appointments were made to accomplish the rotation of overlapping terms described in subsection 2-8-3(0) of this Chapter. 2-8-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A) Members; Officers: The authority shall consist of five (5) seven (7) members who shall choose from among themselves a chairperson chair, vice-chair and a secretary. (8) Designated Seats: GRe Two seat~ shall be held by a sitting member~ of the City Council. The remaining seats shall be filled by citizens appointed by the Mayor and approved by the City Council. (C) Qualifications: Members shall be citizens of the United States and residents of the City. (D) Terms Of Office: The initial appointments of the members will be for one (1 ), two (2), three (3), four (4) and five (5) years respectively. and two members will be appointed for six (6) year terms. Subsequent appointments to the fiye (5) seats filled by citizens will be for six (6) year terms. The term of the Council member~ shall be concurrent with the Council member's Council members' City Council term~ and shall expire at the same time as the member's members' Council term of office. The remaining four (4) members 'Nill be appointed to one, t\vo (2), throe (3), and four (4) year terms initially. Subsequent appointments to the four (4) seats filled by citizens will be for five (5) year terms. (E) Compensation: The authority shall establish the compensation to be paid members and the reimbursement for personal expenses within the limits prescribed in MSA 469.011. (F) Oath Of Office: Prior to assuming the duties to which first appointed, each member shall take an oath of office. 2-8-4: EFFECTIVE DATE: This Chapter becomes effective upon adoption by the Council and upon subsequent publication in the official newspaper. SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official publication of the City and shall be in effect on and after the day following such publication. EDaeted aDd ordaiDed the _ day of , 1999. SEAL CITY OF FARMINGTON Attest: Kevan A. Soderberg, Mayor David M. Urbia, City Administrator Approved as to form the _ day of ,2005. City Attorney Published in the Farmington Independent the _ day of ,2005. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF FARMINGTON, MINNESOTA BE IT RESOLVED by the City Council of the City of Farmington, Minnesota: SECTION 1. BACKGROUND AND FINDINGS. 1.01 The City is authorized by Minnesota Statutes, Chapter 469 (lithe Act") and specifically Section 469.091, to establish an Economic Development Authority to coordinate and administer economic development and redevelopment plans and programs of the City of Farmington. 1.02 The encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity, and general welfare of the citizens of the City. 1.03 The economic development and redevelopment of the City can best be accomplished by the establishment of an Economic Development Authority as authorized by the Act. 1.04 The City Council has in accordance with the Act and Section 469.093 provided public notice and conducted a public hearing on August 15,2005, concerning the establishing of an Economic Development Authority at which hearing all persons desiring to express their views were heard. SECTION 2. ENABLING RESOLUTION. 2.01 The Economic Development Authority of the City of Farmington, Minnesota ("EDA") is hereby established. The EDA is a public body corporate and politic and a political subdivision of the State of Minnesota. 2.02 Subject to the limitations contained in this Resolution, the EDA is granted the powers contained in Minnesota Statutes Sections 469.090 to 469.108, and the powers of a housing and redevelopment authority under Minnesota Statutes Sections 469.001 to 469.047 or other law. 2.03 The EDA consists of a governing body of seven (7) commissioners. Members shall be citizens of the United States and residents of the City. Two seats shall be held by sitting members of the City Council. The remaining seats shall be filled by citizens appointed by the Mayor and approved by the City Council. The terms of the Council members shall be concurrent with the Council members' City Council terms and shall expire at the same time as the members' Council terms of office. The remaining five (5) members will be appointed to one (1), two (2), three (3), four (4) and five (5) year terms initially. Subsequent appointments to the five (5) seats filled by citizens will be for six (6) year terms. SECTION 3. LIMITS OF POWERS. 3.01 The following limits shall apply to the Economic Development Authority and its operation: (a) The sale of all bonds or obligations issued by the EDA shall be first approved by the City Council. (b) The EDA shall follow the budget process for City Departments as may be provided by the City and as implemented by the City Council and Administrator. (c) All official actions of the EDA must be consistent with the City Comprehensive Plan and official controls implementing the Comprehensive Plan. 3.02 This enabling Resolution may be modified by the City to make any changes as authorized by the Act. 3.03 As provided in the Act, it is the intention of the City Council that nothing in this Resolution nor any activities of the EDA shall be construed to impair the obligations of the City under any of its contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City. The City Council shall not modify any limit in effect at the time any bonds or obligations are issued or contracts executed to the detriment of the holder of the bonds or obligations or any contracting party. SECTION 4. TRANSFER OF AUTHORITY OF FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY. 4.01 Pursuant to the authorization of Minnesota Statutes Section 469.094, the City of Farmington hereby transfers to the Economic Development Authority of the City of Farmington established by this Resolution, all activities, programs, operations, and authority of the existing City of Farmington Housing and Redevelopment Authority ("RRA"), including the transfer of the control, authority, and operation of any project as defined in Section 469.174, Subd. 8, or any other program or project authorized by Sections 469.001 to 469.047, or Sections 469.124 to 469.134 located within the City of Farmington. The EDA shall accept the control, authority, and operation of all projects, programs, or activities of the HRA. The EDA shall exercise all of the powers that the HRA could exercise. This transfer of authority from the HRA to the EDA shall be effective January 1, 2006. 4.02 The EDA shall covenant and pledge to perform the terms, conditions, and covenants of the bond indenture or other agreements executed for the security of any bonds issued by the Farmington Housing and Redevelopment Authority. The EDA shall exercise all of the powers necessary to perform the terms, conditions, and covenants of any indenture or other agreements executed for the security of the bonds and shall become obligated on any such bonds by reason of the transfer as provided in this Resolution. 4.03 All employees, if any, of the HRA as of December 31, 2005, are hereby transferred to the authority, direction, supervision, and control of the EDA. The placement of any employees under this direction, supervision, or control of the EDA does not affect the rights of any employees of the previously existing HRA. Any employees of the HRA shall become employees of the EDA. SECTION 5. IMPLEMENTATION. 5.01 The City Council shall from time to time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this Resolution. 5.02 The Mayor, the City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this Resolution. PASSED AND DULY ADOPTED by the City Council of the City of Farmington this day of ,2005. Mayor Attested to the day of August, 2005. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us lOb TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Update on Joint Dispatch Joint Powers Agreement DATE: August 15,2005 INTRODUCTION At the May 16th meeting, staff provided council with an update on the 800 MHz issue and the county-wide initiative known as HiPP (High Impact Performance Partnerships), which identified six areas to explore collaboration efforts to provide more efficient and effective services to the taxpayer. One ofthe six identified areas was exploring consolidation from six PSAP (public Safety Answering Points) down to as far as one PSAP. Significant progress has been made since then, where there will be one PSAP. To make this a reality, the City of Farmington needs to consider entering into a Joint Powers Agreement DISCUSSION Attached are the following documents: 1) Communications Summary from the HiPP Joint Dispatch Policy Committee on the status ofthe countywide joint dispatch project; 2) Draft of the proposed Joint Powers Agreement dated July 28,2005. There are a half dozen small language items that the policy committee will most likely need to meet on in the next couple of weeks to work out. Then, a final draft will be forwarded to City Council at its September 6th meeting for consideration of adoption. BUDGET IMPACT Transitional costs - 2005 - $5,000, 2006 - $20,000, with 2007 most likely a budget neutral increase due to either a new joint dispatch facility or increase from our current service provider, the City of Lakeville, due to their potential space expansions. ACTION REQUESTED For your information. David M. Urbia City Administrator Information Summary Dakota County Communities' Joint Dispatch August 2, 2005 Issued By: Elizabeth Kautz, Mayor, City of Burnsville and Steve Mielke, City Administrator, City of Lakeville Co-Chairs, HiPP Joint Dispatch Project The purpose of this document is to provide a unified update regarding the countywide joint dispatch project. The HiPP Joint Dispatch Policy Committee expects this to be the final update issued under its signature; future updates will be issued by the joint powers entity on its own behalf. Governance: The Policy Committee has focused its attention on the subject of joint dispatch governance under a joint powers agreement. Since early June, representatives from the prospective member communities have been meeting regularly and have crafted a joint powers agreement that is about to be presented for approval to the respective elected officials at the County and municipal level. The legal name of the proposed joint dispatch joint powers organization will be the Dakota Communications Center (DCC). The joint powers agreement (JPA) will create a new service entity that is owned and controlled by all jurisdictions subject to the terms and conditions of the Agreement. Four distinct areas of governance have been identified within the context of accountability, authority and responsibility. These are the: . Board of Directors - Comprised of elected officials representing each member jurisdiction. The board will be focused on financial, legal, and fiduciary controls, including policy leadership regarding levels of service. · Executive Committee - Comprised of the chief administrative officer from each member jurisdiction. The committee will be accountable for day-to-day oversight of the DCC executive director and the overall operation. · Operations Committee - Made up of a representative from each member jurisdiction's law enforcement and fire agency, as well as a representative from the Dakota County EMS Council. This group will provide operational input, feedback, and procedural leadership regarding the delivery of service. · Emergency Communications management - There will be an executive director hired to manage the transition process and to lead the day-to-day operation of the dispatch entity. The JPA will address the levels and limits of control. Shared control and decision-making among participants and the need to have meaningful, timely influence on service delivery standards and protocols were the driving parameters for agreement on governance among participants. The committee determined that weighted voting on financial and budget matters at the board of director's level would be consistent with the .....!.~.f.?~'!.!~~i?~?~r.!.'r.!.'~~::::~?i.~.~....P..i.~p.~~~~P.E?J~~ principle that states: "the more you use, the more you pay; the more you pay, the more control you will be afforded", Page 2 8/1/05 mm......!~.f.c:>.~I!!.~~ic:>..~..~.~.!!l.!!l.~.r.y=~c:>.i.~.~....I?.i.~p.~~~~~Ec:>.J~~ Finance: All participants acknowledge the importance of service improvement and added value. At the same time, there is a desire to ensure cost-effectiveness and accountability for levels of expense. The prospective member jurisdictions also agreed on a cost sharing process and formula that is practical, relevant, pragmatic, perceived as fair and equitable, and reliable over time Timing: It is assumed that the participating jurisdictions will approve and sign the joint powers agreement no later than mid-September, 2005. The Board of Directors and Executive Committee will convene immediately to begin their respective tasks toward implementation. One of the first tasks that the Executive Committee will address is to develop the process and requirements for the hiring of the Executive Director. Other human resource planning activities will commence very early in the process, because all parties concur that the collective workforce of the existing PSAPs are a valuable asset. The quality of the transition and overall implementation will, in large part, be measured by the quality of the purposeful planning conducted within and around the human resource functions. Problem Resolution and Commendation Procedures: This governance model will also provide a defined method of identifying, surfacing, discussing, and resolving problems between a participant agency(s) and the DCC, as well as between and/or among participating jurisdictions. It will also provide for an agreed upon vehicle for processing complaints and commendations from the public and field personnel, whether they be made to elected officials, County or municipal management, public safety agencies, or the joint dispatch center. The Building: The municipal participants in the joint dispatch joint powers agreement have asked the County Board to build the dispatch facility and to lease it back to the joint powers agency. The County Board has agreed to do so and work is underway to select an architectural firm and appoint a capital building project team. Sometime early this fall, a small steering committee will be appointed to begin the exciting process of defining what the future dispatch center will look like and how it will be equipped. This steering committee will include representatives from current dispatch operations. Concluding Remarks: Three months ago, the HiPP Joint Dispatch Policy Committee determined that public safety communications can be effectively and reliably delivered by working as a group to design, build, and implement joint dispatch. Over the following 45 days, the elected officials of the prospective member jurisdictions affirmed their commitment to participate. They will now finalize their decision by authorizing their jurisdiction to become a participant in the joint powers entity and signing the joint powers agreement. Page 3 8/1/05 .........!~f.~~r.!!~.~ig~~~'.:'.:l'.:'.:l~r.y=~9.i~~P.i~p.~~~.~P.E~j~~..m It is the intent of all County and municipal leadership to communicate the status of the process on a frequent basis. Still, we know that regardless of how well that is done, it is likely that at various times, one or more stakeholders may think it could be done better. If you find yourself thinking or feeling that things could be improved, "speak up", and let your agency or community representative know what you are experiencing. We will deliver a "state of the art" joint dispatch center that is known for the quality of its people and its processes. When these two forces combine with focus, best practices in service delivery prevail. Thank you for your patience the past two months while we finalized the hard work of crafting a mutually acceptable joint powers agreement. The next two years will be filled with challenge and opportunity, and there will be the discomfort of managing change. All of this is necessary to successfully complete this transition. You have our commitment to do the right things well as we move ahead. Page 4 8/1/05 Joint Powers Agreement Establishing the Dakota Communications Center DRAFT July 28, 2005 Page 1 of 34 Joint Dispatch JP A TABLE OF CONTENTS RECITALS ................................................................................................................................. 5 PURPOSE ..... .......... ............. ........ ......... ............ ..... ............ ................... ...................................... 6 TERM ......................................................................................................................................... 7 POWERS ....................................................................................................................................8 MEMBERSHIP......................................................................................................................... 10 BOARD OF DIRECTORS.......... ................. ........... .......... ........................................................ 12 EXECUTIVE COMMITTEE.................................................................................................... 17 EXECUTIVE DIRECTOR ....................................................................................................... 21 OPERATIONS COMMITTEE ................................................................................................. 24 BUDGET .................................................................................................................................. 24 AUDIT ...................................................................................................................................... 24 TERMINA nON AND DISSOLUTION ............. ................. ........ ...... ..... .............. ................... 24 WITHDRAWAL OF A MEMBER...........................................................................................24 INDEMNIFICATION............................................................................................................... 24 RESOLUTION OF DISPUTES .......... ........ ......... ............................... ...................................... 24 FORCE MAJEURE ..................................................................................................................24 MISCELLANEOUS PROVISIONS ......................................................................................... 24 Page 2 of 34 Joint Dispatch JP A This Agreement is entered into between the following political subdivisions of the State of Minnesota, by and through their respective governing bodies: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul County of Dakota Individually and collectively, the parties to this Agreement are referred to as the "Members" of the Dakota Communications Center, hereinafter referred to as the "DCC". RECITALS WHEREAS, pursuant to Minnesota Statutes 9 471.59, the Members are empowered to provide assistance to, and act in coordination with, other political subdivisions within the state of Minnesota as deemed necessary to benefit the public; and WHEREAS, the Members wish to cooperatively engage in the establishment, operation and maintenance of a countywide public safety answering point and communications center for law enforcement, fire, emergency medical services (EMS), and other publiC safety services for the mutual benefit of all; and WHEREAS, by creating the DCC the Members intend to provide a level of public safety communications services to Dakota County communities that is commensurate with industry standards; and WHEREAS, each Member represents that it is duly qualified and authorized to enter into this Agreement and will comply with its respective obligations and responsibilities as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the Members agree as follows: ARTICLE I PURPOSE Through this Agreement and the authority provided by Minnesota Statutes 9 471.59 to act cooperatively, the Members hereby create a joint powers entity referred to as the DCC for the following purposes: To acquire and provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other emergency communications system for the mutual benefit of the Members and the people of Dakota County; Page 3 of 34 Joint Dispatch JP A To provide public safety communications system services to other governmental units that are not Members through a fee for service contract; To define the rights and obligations of the Members with respect to the establishment, operation and maintenance of the DCC; and To provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications, information systems, and statistical matters within Dakota County, Minnesota. ARTICLE II TERM This Agreement shall be effective upon execution by all the parties hereto and shall continue until terminated as provided in Article IX. No party may withdraw from this Agreement from the date this Agreement is executed by all parties until five (5) years from the initial date of operation of the DCC (the Initial Term). . The Board of Directors shall determine the initial date of operation of the DCe. ARTICLE III POWERS The DCC shall have the following powers in its own name: A. To take actions necessary and convenient to discharge the duty to implement, maintain, and operate a countywide public safety communications center; B. To adopt bylaws and rules or policies consistent with this Agreement that are required to effectively exercise the powers or accomplish the objectives of the DCC; e. To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to the Members of the DCC; D. To enter into contracts in its own name, including contracts to provide public safety communications services to other governmental units who are not Members; E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of property from a Member to the DCC; F. To incur debt obligations that do not exceed ten (10) years, liabilities or other obligations necessary to accomplish its purposes that are consistent with any financial and debt policies established by the Board of Directors, or to arrange with one or more of the Members to incur debt or issue bonds for the benefit of the DCC, as permitted by law; G. To operate and maintain a communications system that will receive calls for law enforcement, fire, and emergency medical services (EMS) services and dispatch field units in response to such calls; Page 4 of 34 Joint Dispatch JP A H. To hire, discipline or discharge employees required to accomplish the purposes of this Agreement including employing an Executive Director and delegating authority to the Executive Director as determined by the Board of Directors; I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this Agreement and the purposes of the Dee; J. To seek, apply for and accept appropriations, grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; K. To sue; L. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I of this Agreement; and M. To charge fees to Members or other governmental entities for special services or communications system functionality that is not provided to all Members. ARTICLE IV MEMBERSHIP 4.1 Definition of Members All parties to this Agreement are Members of the Dee. No Member may withdraw from this Agreement during the Initial Term of this Agreement. 4.2 Requirement of Good Standing Continued Membership in the Dee shall be contingent upon the payment by each Member of an annual assessment and any additional fees as determined by the Board of Directors consistent with the financing procedures set forth in Article IX hereunder. 4.3 Addition of New Members Any unit of government within Dakota County that has at least 10,000 residents and maintains a law enforcement agency is eligible for Membership in the Dee. A new Member may be added to the Dee if first approved by the Board of Directors and if the existing Members and the unit of government seeking membership execute an amendment to this Agreement to add the new Member upon the terms as agreed to by them. Any unit of government that becomes a Member of the Dee after the execution of this Agreement shall be subject to all existing debts and liabilities of the Dee on a proportionate basis to the same extent as all then existing Members. In addition, any new Member shall be solely liable for all costs of adding or modifying hardware, software or services necessary to effectively accommodate the operational needs of the new Member, and of insuring that there is no degradation of existing capability due to the new Member's needs, as determined by the Board of Directors. Each new Member shall pay a proportionate share of the normal, continuing operating expenses of the Dee as well as a proportionate share of any special assessment, as approved from time to time by the Members. An entity seeking to become a Member may be required to and shall pay one-time initiation, assessment or capital investment fees or establish an escrow account for such fees as determined by the Board of Directors. Page 5 of 34 Joint Dispatch JP A 4.4 Withdrawal of Member Withdrawal of any Member after the Initial Term of this Agreement shall not terminate this Agreement except as provided in Article XI. Withdrawal shall be accomplished as set forth in Article XII of this Agreement. Withdrawal shall not discharge any liability incurred or chargeable to any Member before the effective date of withdrawal. No Member is entitled to a refund of cost-sharing assessments or other fees imposed by the Board of Directors that have been paid to, or is owed to, the Dee on the effective date of withdrawal. ARTICLE V BOARD OF DIRECTORS 5.1 Membership on the Board There is hereby established a Board of Directors of the Dee which shall consist of an elected official from each Member. These Directors shall serve without salary, but may be reimbursed for expenses incurred in connection with Dee business as determined by the Board of Directors. Each Member shall designate one named elected official as a Director consistent with the term and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may also designate one named elected official as an Alternate Director to attend Board meetings and vote on measures brought before the Board when a Director is absent, consistent with the procedures set forth in the Bylaws. If any Director or Alternate Director ceases to be an elected official of a Member during his or her term, such seat shall be vacant until a successor elected official is appointed by such Member. 5.2 Powers of the Board The Board of Directors shall have the following powers and duties: a. provide policy leadership and approve the general policies of the Dee relating to budget, finance, and legal matters; b. contract with a Member or third party for auditing, financial, human resources, legal and other services as needed for the Dee; c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary; d. approve changes to the membership of the Dee; e. approve contracting and purchasing policies for the Dee; f. approve the annual operating and capital budget, cost allocation formula, Member fees and assessments of the OCC; g. hire, discipline, terminate and set the compensation for the Executive Director; and h. incur debt and approve financial obligations of the Dee that are significant in amount and non-recurring. Board' approval is not required for payment of monthly budgeted expenditures and employee salaries and benefits. Page 6 of 34 Joint Dispatch JP A 5.3 Voting by Directors Each Member of the DCC shall have one seat on the Board of Directors and is entitled to one vote. The Directors'votes shall be non-weighted (all votes having the same weight) when voting on matters coming before the Board, except as provided below. The Directors' votes shall be weighted when the Board is exercising its powers under Section 5.2 (f) and (h) of this Agreement. The comparative weight of each Director's vote on those matters is determined by the proportionate share of the DCC annual operating and capital budget for that calendar year that is the responsibility of the Member casting that vote. The Board of Directors shall arrange for or contract with one or more of its Members or an independent contractor to provide personnel/human resource, accounting and finance, procurement/contracting, payroll administration and legal services for the DCe. The DCC shall not create its own personnel/human resource, accounting and finance, procurement/contracting, payroll administration or legal departments unless approved by a four-fifths (4/5) majority of the Board of Directors by non-weighted votes. After the first full year that the DCC is in operation, the Board of Directors may amend the cost allocation formula and associated definitions by a 2/3 majority of the weighted vote total of those Members present and voting at a properly noticed Board of Directors meeting. In case of a tie vote, the Chair of the Board of Directors shall cast a second and deciding vote. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Board. 5.4 Board Meetings a. The Board of Directors shall have regular meetings at least twice each calendar year at a date, time and location included in the meeting notices. The Board may schedule more regular meetings as it deems appropriate or as established by the Bylaws adopted by the Board. At least 30 days prior notice shall be provided to each Member, Director and Alternate Director of the date, time and location of such regular meetings. b. A special meeting of the Board of Directors may be called by its Chair, or by any four Directors of the Board consistent with the procedures set forth in the Bylaws. 5.5 Officers of the Board of Directors a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and Vice Chair shall be elected from among the Directors of the DCe. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Board of Directors. b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign, with the Executive Director, any instrument which the Board of Directors has authorized to be executed, or as authorized by the Bylaws or approved DCC procedural rules of operation, and perform all duties incident to the office of Chair and such other duties as may be prescribed by the Board of Directors from time to time, provided that such actions are consistent with this Agreement and the Bylaws. Page 7 of 34 Joint Dispatch JPA c. Vice Chair: In the event of the absence of the Chair, or in the event of the inability or refusal of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair. 5.6 Secretary of the Board of Directors: The Executive Director of the DCC shall serve in the administrative role of Secretary to the Board and shall keep the minutes of the meetings of the Board of Directors, see that all notices are duly provided and/or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board of Directors or as otherwise required by law, act as custodian of the business records of the DCC, and perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Board of Directors. A high-level outline of the governing organizational structure of the DCC is graphically represented in Attachment A. ARTICLE VI EXECUTIVE COMMITTEE 6.1 Membership on the Executive Committee There is hereby established an Executive Committee of the DCC, the members of which shall serve without salary and shall oversee the operations and functions of the DCC as set forth in this Article and the Bylaws of the Committee. The Executive Committee shall consist of the chief administrators of each Member. Each Member shall have one seat on the Executive Committee. Each Member may also designate a second employee or staff person as an alternate representative to attend Committee meetings and vote, on behalf of such Member, on matters brought before the Committee when a representative is absent, consistent with the procedures set forth in the Bylaws. Each representative and alternate representative shall serve without salary, but each may be reimbursed for necessary expenses incurred in connection with the DCC business, as determined by the Board of Directors. If any Committee representative ceases to be the chief administrator of a Member, such seat may be occupied by the alternate representative until a successor chief administrator or interim chief administrator is appointed by such Member. 6.2 Purpose and Powers of the Committee The Executive Committee shall have the following powers and duties: a. provide direction and oversight of the operations of the DCC, subject to the policy direction established by the Board of Directors, and within the limits fixed by the operating and capital budgets, provided that no financial obligation exceeding the amount of the approved budget shall be incurred by the Executive Committee without the prior consent of the Board of Directors; b. carry out the policy decisions of the Board of Directors and make recommendations to the Board of Directors.; c. adopt Committee Bylaws and amend the Bylaws from time to time as it deems necessary; d. review all administrative decisions concerning personnel, development efforts, operations, cost sharing, expenditure approval, utilization of personnel and Page 8 of 34 Joint Dispatch JP A equipment, and operational decisions made by the Executive Director as deemed necessary by the Committee; e. assist the Board of Directors in the recruitment of candidates for the position of Executive Director and the review of candidate qualifications and provide recommendations to the Board of Directors on the hiring, termination and review of the performance of the Executive Director; f. conduct an annual evaluation of the Executive Director's performance and present its findings and recommendations to the Board of Directors before the date the Board approves the annual operating and capital budgets; g. establish and assign tasks to advisory subcommittees as the Committee deems necessary; h. make recommendations to the Board of Directors on changes to the membership of the DCC; i. Review, modify and approve to the proposed annual operating and capital budgets prepared by the Executive Director prior to submittal to the Board of Directors. 6.3 Voting by Committee Members Each Member is entitled to one vote at committee meetings and each vote shall be non- weighted (each vote having equal weight). In the case of a tie, the Chair of the Executive Committee shall cast a second and deciding vote. Only the chief administrator, or the designated alternate representative of a Member in the absence of the chief administrator, shall vote on matters coming before the Executive Committee. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Committee. 6.4 Meetings a. Regular meetings of the Executive Committee shall be held as needed, but at least quarterly. At least 15 days prior notice shall be provided to each committee member of the date, time and location of such meetings. b. Special meetings of the Executive Committee may be called by its Chair, or any four members of the Executive Committee acting in concert, consistent with the procedures set forth in the Bylaws or operating procedures adopted by the Committee. 6.5 Officers of the Executive Committee Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and Vice Chair shall be elected from among the representatives of the Members serving on the Executive Committee. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Executive Committee. a. Chair. The Chair shall conduct meetings of the Executive Committee and shall serve as the liaison between the Board of Directors and the Executive Committee. The Chair may sign, with the Executive Director, any instruments which the Executive Committee, acting as a Committee, has authorized to be executed or as authorized by the DCC procedural rules of operation. The Chair shall also perform all duties incident to the office of Chair and such other duties as may be prescribed by the Executive Committee from time to time, provided that such actions are consistent with this Agreement and Page 9 of 34 Joint Dispatch JP A the Bylaws. b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal to act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform such other duties as may be requested by the Chair. ARTICLE VII EXECUTIVE DIRECTOR 7.1 Appointment and Vacancy a. The DCC shall have a chief operating officer of the title Executive Director. The Executive Director shall be the administrative head of the DCC and shall report to the Executive Committee for the administration and operation of the DCe. The Executive Director shall be an employee of the DCe. b. The Executive Director shall have appropriate administrative and executive qualifications for the position and shall have actual experience in and knowledge of accepted practices for a public safety communications system. c. Any vacancy in the office of Executive Director shall be filled as soon as possible after the effective date of such vacancy. In the case of absence or disability of the Executive Director, the Board of Directors may designate any other qualified employee to carry out the duties of the Executive Director during such absence or disability. 7.2 Powers And Duties The responsibilities and duties of the Executive Director shall include the following: a. To attend meetings of the Board of Directors, the Executive Committee and the Operations Committee; (1) The Executive Director shall have the right to take part in the discussion of all matters coming before the Board of Directors, the Executive Committee and the Operations Committee but shall have no vote thereon; (2) The Executive Director shall be entitled to and be given notice of all meetings, regular and special, of the Board of Directors, the Executive Committee and the Operations Committee; (3) When the Executive Director is unable to attend a meeting, the Executive Director may appoint a DCC staff member to attend. b. To appoint, evaluate, promote, demote or remove employees of the DCC pursuant to the approved DCC budget and in accord with the policies and procedures of the DCC; c. To recommend to the Executive Committee for adoption such policies and procedures as may be deemed necessary or expedient for the efficient operation of the DCC: d. To direct and oversee the day-to-day operations of the DCC and its employees and to expend operating and capital budgets consistent with the policies and direction of the Board of Directors; Page 10 of 34 Joint Dispatch JP A e. To enforce, administer, and implement the policies of the DCC as established by the Board of Directors and Executive Committee; f. To prepare a quarterly report of the DCC activities and provide copies to the Board of Directors and the Executive Committee; g. To prepare a proposed annual operating and capital budget as well as a report of estimated revenues in order to determine the estimated funds necessary to defray the expenses of the DCC for each fiscal year and to present the proposed operating and capital budget to the Executive Committee in the manner set forth under Article IX herein; h. To serve as a staff resource to the Executive Committee and the Operations Committee and coordinate the activities of the respective committees as required; i. To serve as a Member of regional committees, organizations and forums related to public safety communications and represent the collective interests of the DCC and its Members as required; j. To communicate regularly with the Members and other agencies utilizing the DCC communication services about operational, policy and training issues; k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and Operations Committee and see that all notices of the Board and Committee are duly provided and/or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board, Executive Committee and Operations Committee or as otherwise required by law; I. To act as custodian of the business records of the DCC; and m. To perform such other duties as may be delegated from time to time by the Board of Directors or by the Executive Committee. ARTICLE VIII OPERATIONS COMMITTEE 8.1 Membership on the Operations Committee Each law enforcement agency and fire agency of a Member of the DCC and the Dakota County Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement agency, fire agency and the Dakota County EMS Council shall designate a primary member and an alternate member to the Committee. Each law enforcement agency and fire agency of a community that is served by the DCC but is not a Member of the DCC may participate in the Operations Committee as a non-voting, ad-hoc member. The Executive Director shall provide staff support to the Operations Committee and its subcommittees and shall provide information and guidance to the Committee and subcommittees as needed. 8.2 Purpose and Powers of the Committee There is hereby established an Operations Committee of the DCe. The Operations Committee may establish and abolish advisory subcommittees, as it deems necessary. Initially, the Committee will have two subcommittees - the Law Enforcement Subcommittee and the Fire/EMS Subcommittee. The Members of the Operations Committee and its subcommittees Page 11 of34 Joint Dispatch JP A shall serve without compensation and shall be available to the DCC Executive Director and Executive Committee to assist in the coordination of: . Unified radio procedures; . DCC procedural changes that affect one or more Members of the DCC; . Field training and back up exercises; . DCC and Members' records management functions; . The orderly transmittal of inquiries regarding the handling of specific matters by the DCe. . Obtaining and preparing recommendations concerning operational input from the Executive Director of the DCC and the Members' public safety departments The Operations Committee shall have the following powers and duties: a. Be the personal contact at each Member's law enforcement or fire/EMS department for the Executive Director for daily procedural and operational issues; b. Provide liaison to the DCC Executive Director in the coordination and preparation of unified procedures and policies; c. Be a resource for the Executive Committee in researching special topics of interest; d. Forward comments and inquiries on the operation of the DCC from their respective agencies to the Executive Director after initial local review and screening; f. Coordinate field training and back-up exercises; g. Perform any other duties as required by the Executive Committee. 8.3 Voting by Committee Members It is expected that decisions and recommendations of the Operations Committee shall be made by consensus, but where consensus does not exist, the following procedure shall apply: a. Each Member of the DCC shall have a maximum of two votes on the Operations Committee - one from the law enforcement agency and one from the fire agency of that Member. A Member that operates a joint law enforcement or fire agency with another Member shall continue to have a voting seat on the Operations Committee for each joint agency. A Member that has only a law enforcement agency or fire agency is entitled to one vote. The Dakota County EMS Council shall have one vote on the Operations Committee. Votes shall be cast by the representative of each agency (or by his/her designated alternate, if such representative is absent) as the official representative to the Operations Committee. b. No proxy votes or absentee voting shall be permitted except as otherwise provided in the Bylaws of the Executive Committee. c. Membership and voting on subcommittees established by the Operations Committee shall be as required by the Bylaws of the Committee or the resolution of the Committee that establishes the subcommittee. Each Member that maintains a law enforcement agency individually or jointly with another Member shall have one representative and one vote on the Law Enforcement Subcommittee. Each Member Page 12 of34 Joint Dispatch JP A that maintains a fire agency individually or jointly with another Member shall have one representative and one vote on the fire agency Subcommittee. 8.4 Meetings and Actions The Operations Committee shall meet at least six times each year and may schedule additional meetings as deemed necessary and appropriate by the Membership. The meetings will be conducted in compliance with any direction provided to the Committee by the Executive Committee, subject to the policies established by the Board of Directors and the Executive Committee. Except as otherwise stated in the Bylaws, no action of the Operations Committee or its subcommittees shall be in effect until approved or ratified by the Executive Committee or if deemed necessary by the Executive Committee, until approved or ratified by the Board of Directors. Any law enforcement, fire or EMS agency that receives dispatch services from the DCC may appear before the Operations Committee or its subcommittees to discuss concerns, complaints or other operational issues concerning the DCe. If the agency is not satisfied with the action or lack of action taken by the Operations Committee, that agency may appear before the Executive Committee to discuss the actions or policies of concern. Prior to appearing before the Executive Committee, the agency shall meet and confer with the Executive Director about the issues to be discussed with the Executive Committee. ARTICLE IX BUDGET 9.1 Recommended Annual Budget The Executive Director shall prepare a proposed annual operating and capital budget for the Executive Committee no later than May 1st of each year to allow the Executive Committee members to consult with their respective governing bodies and prepare a recommended annual operating and capital budget for consideration by the Board of Directors. An annual operating and capital budget shall be adopted by the Board of Directors at a regular meeting before September 1st each year. If the Board fails to adopt a budget by September 1st, the budget from the current year shall be deemed approved for the next year. This requirement to adopt a budget at a regular meeting of the Board by September 1st does not apply to the calendar year in which this Agreement is first executed. 9.2 Distribution of Recommended Budget No later than May 1st, copies of the proposed operating and capital budget as recommended by the Executive Director shall be delivered to each Executive Committee Member. 9.3. Review by Executive Committee Not later than August 1st of each year, the Executive Committee shall review the annual operating and capital budget as proposed by the Executive Director and make such modifications as it deems proper. Following approval by the Executive Committee, the proposed operating and capital budget shall be submitted to the Board of Directors for final approval. Page 13 of 34 Joint Dispatch JP A 9.4 Allocation of Costs to Members The cost of the operations and maintenance, and capital projects of the DCC will be shared by the Members. At the time of approval of the annual operating and capital budget, the Board of Directors shall fix the cost-sharing charges for all Members and any other participants in the DCC in amounts sufficient to provide the funds required by the approved annual operating and capital budget for the following year. Each Member shall take all required actions to authorize the funds necessary to meet its obligations under the approved annual operating and capital budget. From the effective date of this Agreement as defined in Article II until the completion of the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based upon the Cost Allocation Model contained in Table 1 of Attachment B, which is incorporated into and made a part of this Agreement. When the Board adopts an operating budget and cost allocation for 2006, it shall also adopt a budget and cost allocation for 2005 to cover the expenses the DCC has incurred or will incur for the period from the effective date of this Agreement to December 31, 2005. After the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based on the percentage of the total number of events processed by the DCC in the previous twelve months that are attributable to that Member. An event is defined as a computer aided dispatching system (CAD) event (transaction as logged), a 911 telephone call processed, a ten-digit telephone call for service processed, and, when the DCC is able to capture this information, the number of data system inquiries processed by DCC employees. The calculation of the annual operating and capital cost allocation after commencing operations will be based on the formula in Attachment B, Table 3, which is incorporated into and made a part of this Agreement. During the first five (5) years that the DCC is in operation, the County of Dakota will provide a cash subsidy toward the operational budget in the amount of $62,500.00 per month based upon the Allocation of County Subsidy contained in Table 2 of Attachment B. The amount of the County of Dakota subsidy for twelve months of DCC operation will be $750,000.00. The County of Dakota is not obligated to provide an operational budget subsidy after the initial five (5) years of DCC operations. 9.5 Billing and Delinquent Payments Invoices for the cost-sharing charges shall be provided to Members monthly. Any Member whose charges have not been paid within thirty (30) days after billing shall be assessed interest on the delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the maximum authorized by law at the time the payment becomes delinquent. The Directors and representatives of a Member that is delinquent on such payment shall not be entitled to vote on any matters coming before the Board of Directors or the Executive Committee until all delinquent payments and interest have been paid. 9.6 Expenditure of the Annual Budget. The Board of Directors and/or the Executive Committee may establish procedures and limitations as may be necessary to preserve the integrity and purpose of the approved operating and capital budget. After adoption of the annual operating and capital budget by the Board of Directors, the Executive Director and the Executive Committee shall make all Page 14 of34 Joint Dispatch JP A expenditures in accordance with such budget. Purchases andjor letting contracts shall be done in accordance with procedural guidelines established by resolution of the Board of Directors, consistent with Minnesota law. The Executive Director shall have the power to transfer funds within the total annual operating budget in order to meet unanticipated needs or changed situations. The Executive Director shall not transfer funds within the total annual capital budget or between the operating budget and capital budget. The Executive Director shall report any transfer of funds within the annual operating budget to the Board of Directors and the Executive Committee in the Director's next quarterly report. 9.7 Credit or Payment to Members for Services The Board of Directors may approve contract payments or cost-allocation credits to any Member that provides services, resources or property to the Dee. ARTICLE X AUDIT The Board of Directors shall call for an annual audit of the financial affairs of the DeC, to be performed by an independent Certified Public Accountant retained by the Board in accordance with generally accepted auditing principles. A copy of the annual audit report shall be provided to each Member. ARTICLE XI TERMINATION AND DISSOLUTION 11.1 Termination. This Agreement shall terminate upon the occurrence of anyone of the following events: a. When 4jSths of the Members agree by non-weighted voting, pursuant to a resolution of their governing bodies, to terminate the Agreement. b. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 11.2 Effect of Termination. Upon the occurrence of one or more of the events in Section 11.1, the Dee shall be terminated and dissolved in accord with the provisions hereof. a. Termination shall not discharge any liability incurred by the Board or by the Members during the term of this Agreement. b. Each Member shall be liable for its own acts and for the acts of the Board to the extent provided by law and this Agreement. c. Property that is owned by the DCC at the time of termination, including any surplus money, shall be divided among the units of government that are Members of the Dee at the time of termination, in proportion to their average respective regular and special assessment payments toward the operating and capital budgets for the preceding three Page 15 of34 Joint Dispatch JP A (3) fiscal years. If liabilities exceed all assets, the difference shall be made up by contributions from all Members on a proportionate basis according to the then prevailing annual budget assessment formula. d. The Board shall approve a final report of its activities and affairs prior to dissolution of the DCe. e. Upon such termination and dissolution, and after payment of all debts, all files and documentation shall be distributed to the Member community that has jurisdiction of the subject matter of the file or documentation without charge or offset. Records of the DCC shall be retained by the County of Dakota consistent with its current document retention schedules. f. Equipment and property that is owned by an individual Member or Members that is being used by the DCC at the time of termination shall be returned to the owner(s) upon termination and dissolution of the DCe. ARTICLE XII WITHDRAWAL OF A MEMBER At any time after the Initial Term of this Agreement, any Member may withdraw from the DeC subject to the provisions of this Article. a. Such withdrawing Member shall give written notice before July 1st of any year and at least 18 months prior to the intended date of withdrawal, in the form of a certified copy of a resolution passed by its governing body, a copy of which must be mailed or delivered to the Executive Director of the DCC and the Chairs of the Executive Committee and Board of Directors. b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to any Member of its nonpayment of cost allocation fees as set forth herein, and/or the refusal or declination of any Member to be bound by any obligation of the DCC, shall also constitute notice of withdrawal of such Member, and if the Member fails to cure nonpayment or refuses to comply with an obligation within the Sixty days (60), withdrawal of that Member from the DCC shall become effective on the Sixty First day after mailing of said notice. The Force Majeure provisions of Article XV apply to a non- payment of charges and fees and the refusal or declination of a Member to act. c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the Board of Directors, the Executive Committee and the Operations Committee and subcommittees. d. The withdrawing Member shall forfeit any and all interest, right and title to DCC property and assets of any type whatsoever. e. The withdrawing Member shall be liable for all costs incurred by the DCC as a result of the Member's separation and withdrawal. This may include, but is not necessarily limited to, legal fees, court costs and interest-on late payment of obligations. f. The withdrawing Member shall continue to be responsible for: 1. One hundred (100%) percent of that Member's pro rata share of the operating costs of the DCC that are incurred up to the date of withdrawal, and One hundred (100%) percent of that Member's pro rata share of any capital debts, liabilities or obligations Page 16 of34 Joint Dispatch JP A of the Dee that were incurred prior to the date of providing notice of intent to withdraw and are due and payable before the effective date of withdrawal. 2. For any contractual obligations it has separately entered into with the Dee. ARTICLE XIII INDEMNIFICATION 13.1 Limitations on Liability and Insurance This Agreement to indemnify and hold harmless does not constitute a waiver by any Member of limitations on liability provided by any applicable Minnesota law, including Minnesota Statutes, Chapter 466. The Dee shall purchase insurance related to the operation, equipment and facilities of the Dee, and workers compensation insurance for Dee employees, as the Board of Directors or Executive Committee deems necessary. Such insurance shall name each Member as an additional insured, and may name other entities that purchase communications services from the Dee as additional insureds if deemed appropriate. If the Dee incurs liability that exceeds the amount of its insurance coverage, the excess liability shall be paid by contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. If the Dee incurs a liability that is not covered by insurance, that liability shall be paid by contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. 13.2 Third Party Action Against a Member Each Member that is subject to a claim of any nature commenced by a person or entity that is not a Member of the Dee, which arises as a consequence of the acts or omissions of such Member's personnel in responding to, or providing emergency services pursuant to a dispatch by the Dee shall, at such Member's sole expense, indemnify and save free and harmless any other Member, and its officers, employees and agents from any cost, expense, attorney fees, judgment or liability of any nature when any other Member is subject to the same claim solely as a consequence of such other Member being a Member of the Dee. 13.3 Third Party Action Against the Dee In the event the Dee and/or its Directors, officers, employees and agents are subject to a claim of any nature which arises as a consequence of the acts or omissions of Member's personnel in responding to or providing emergency services pursuant to a dispatch by the Dee, such Member shall at its sole expense, indemnify and save free and harmless from any cost, expense, attorney fees, judgments or liability of any nature the Dee and/or its officers, Directors employees and agents unless it is determined that the officers, Directors, employees and/or agents of the Dee acted in a negligent or intentionally wrongful manner in connection with dispatching the personnel of the Member. Page 17 of34 Joint Dispatch JPA 13.4 Member Action Against the DCC In the event that any Member should file suit or an action against the DeC, all representatives of that Member shall be prohibited from attending any meetings or discussions or having access to the results of such meetings related to the defense of the suit or action. The Member's representatives shall have no direct access to any written communication concerning the matter except by legal process, and no representative of the Member shall be allowed to vote on any issue related to the suit or action. ARTICLE XIV RESOLUTION OF DISPUTES The Members agree to engage in good faith efforts to resolve any disputes that arise over the establishment, operation or maintenance of the DCe. Members that have concerns about the operations of the DCC may appear at meetings of the Operations Committee, Executive Committee and Board of Directors to discuss issues of concern. ARTICLE XV FORCE MAJEURE A Member shall not be liable to the DCC or another Member for the failure to perform an obligation under this Agreement due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting Member gives notice to the Board of Directors and Executive Committee as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Entire Agreement This Agreement shall supersede all prior oral or written statements, agreements and understandings between or among the parties hereto with respect to the establishment and operation of a county-wide public safety communications center. (Discuss impact on contract for service cities?) 16.2 Attorneys' Fees. In the event of litigation relating to the Agreement, the prevailing party (e.g. the party whose position is substantially upheld) shall be entitled to recover from the losing party any costs or reasonable attorney's fees incurred by the prevailing party in connection with such litigation. 16.3 Severability. If any provision of this Agreement shall be held to be invalid by a court of competent jurisdiction, the remaining terms of this Agreement to the extent not inconsistent with any such holding, shall not be affected thereby if such remaining terms would then continue to conform with the requirements of applicable laws. 16.4 Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. Page 18 of34 Joint Dispatch JP A 16.5 Waiver: Any right or remedy that a party may have under this Agreement may be waived in writing by such party without the execution of a new or supplementary agreement, but any such waiver shall not affect the future exercise of the rights of such party hereunder (to the extent not previously waived in writing) or any other rights of the parties not specifically waived. No waiver of any right or remedy by any party at anyone time shall be deemed to be a waiver of any such right or remedy in the future. 16.6 Amendments, Modifications. This Agreement may ~e amended or modified only by a written document, duly executed by all parties that are Members of the Dee on the date the amendment is executed. 16.7 Section Headings. The descriptive headings of the articles, sections and subsections of this Agreement are for convenience only and shall not affect the meaning or construction of any of the provisions hereof. 16.8 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 16.9 Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. 16.10 Further Assurances. Each party hereto shall from time to time execute, acknowledge and deliver such further instruments and perform such additional acts at no cost to such party as the other party may reasonably request to further effectuate or confirm the intent of this Agreement. 16.11 Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party shall act in good faith. Each party acknowledges that this Agreement contemplates cooperation between and among the parties. Page 19 of34 Joint Dispatch JP A IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 9471.59. Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Date Page 20 of 34 Joint Dispatch JPA Approved by the City Council Date CITY OF BURNSVILLE By Date of Signature Attest Date of Signature Page 21 of34 Joint Dispatch JPA Approved by the City Council Date CITY OF EAGAN By Date of Signature Attest Date of Signature Page 22 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF FARMINGTON By Date of Signature Attest Date of Signature Page 23 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF HASTINGS By Date of Signature Attest Date of Signature Page 24 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature Page 25 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF LAKEVILLE By Date of Signature Attest Date of Signature Page 26 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF MENDOTA HEIGHTS By Date of Signature Attest Date of Signature Page 27 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF ROSEMOUNT By Date of Signature Attest Date of Signature Page 28 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature Page 29 of 34 Joint Dispatch JP A Approved by the City Council Date CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature Page 30 of 34 Joint Dispatch JP A Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 Dakota County Joint Dispatch JPA v5 7-1-05 By Date of Signature Approved as to Form (Asst County Atty): By Date of Signature Approved as to Execution (Asst County Atty): By Date of Signature Page 31 of34 Joint Dispatch JP A ~ ~ - (.) 2 - C/) - co c: o "- - co N "c: co ~ o l..... Q) - c: Q) o en c: o "- - co (.) "t: ~ E: E: o ~ co - o ..:::c: co Q I - c: Q) E: Q) ~ Q) "=:( ~ ~ o Q - c: "0 '"") "=:( - c: Q) E: ...c: (.) co .... .... "=:( r- I I I I 0 Q) I :s "E ..... I <tl <tl I <tl ..... Cl::: CI) I 0 I a m o(l I a 0 e +-- co :s o(l ..... <tl ~ """ Cl::: """ Q) lo.... 0) ..... Q) e <tl ..s::: ..... ..... ..... CI) 0 Q) ~ en '0 !: ~ o u ~ ~ U "C ... C'I:l o [0 ~ - !: ~ o u 03 .S g en-o ... (]) 0- --g, (.) '- ~~ o~ -s 0", "C~ ... (,) C'I:l:t:: 00 [0-0 (]) 13 (]) ~ .....03 J5 .S E- (I)(])g (1):::::-0 -.....(]) - 0_ .- .c: E~Ol (]).- E$2~ o~d: U (]) 0 '" .=: <: "'-.c: >~:!:: ;Ciis ~ '- (.) .~ ~ (1)-0,2 >< <:( .$2 w.....-O (]) '" B'~ .......~ u u c .... o I.. o t) Q) I.. C Q) > :;:::; ::::l (.) Q) >< w .c:o.: ~~ (I) lLJE (I)"Ee _.92oLL -..eLL"'" :::..,"'~ '-'1ij (,).~ (]) E~.E:la5~~ EQgOl:J~ r.::: <:(E..e o (])""-E:(]) US:":' a5 of:: en:scoEO~ '" (]) (]) ..... ..... !: :J C/) (,) (]) ._ .2 ~ "" .2 E ~ -(])olr.:::(])o E ~.s lLJ ::::: <>1l o - ~ (l)ogco c........ ....J o a5<>1l ~.~ LL I I I I I I I L OJ r.::: ". .0,........ VI co . Ri !: Q .l2 (.) 0 (]) (]) .- -- l.;. .. !: -u:~ J:E"r~ (.) (I) J: _ (I) o.:::::~ I- 00 o 00 ....... J: (.) - en it:' C'I:l !: co 0.0_ en;C/) .- C'I:l<>1l C ... (]) - (I) r.::: a.. 0.'- <3: ~ enO a.. - ..... !: (I) J5 ~ Q)".Q)Er.::: E VI - (]) (]) '" !: ~ E OJ "'oE co (.) .- 03 c: C5'RSEQ(]) -"'O.E:lE !: (I) (.) ~ ~ W Oo..c "" C5 3: ~::::'E C'I:l en ~ (]) ...J '" ~ en <;:: C/) !: ..... ::::: o (I) J5 lLJ ; (I) E.e- C'I:l_ (])r.:::~ "'~E:Jo [E038~ o E Q<>1l 'E ~~!i8 W ~'"t: -encc~ (I) (]) (]) ... '" -0 u:: ~ ~ ~ --------~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I _______J ~ ~e:; M,..c: 4-; (,) o ...... ro C"l 0.. M en ~8 ro ...... p... . S o ....., E rJ) eJ1 L.l.. '2 rJ) ::J .... E J5E Eo (])o ~<X: uO- 0, Ie '0 ~z "" ....... E rJ) e~ L.l.. 'c rJ)::J .... E J5E Eo (])() ~<X: uO- 0, Ie '0 ~z ~ ::3 ....... <.) 2 ....... C/) -- co c: o :.t::::i co N '- c: co ~ o I ....... ... - D E Q) ~ 0:> ~ ~ Q) S: o a... ....... c: '- o -., . . ~ ....... c: Q) E ...c: <.) ~ ....... ~ I- Z w ~ ~ u 5 c w U) o c. o 0:: c. 3: w z >-"'C ....... l.... C co :J 0 Oca o C/) >- '<3 ....... c .- :J 00 o c:: .Q ..... u Q) CI) lo.... Q) 1/)0.. ... C/) o <tl -0, (.) c:: (1).- ........ c~~ -::SI..(') o'~ "E~ ca.~ o u al!E o "'C Q) ..... u Q) Qj - lo....c:;) Q) . ..Q<O E a Q).- ~t5 Q) (I)"-CI) (I) 0 lo.... =~Q) .- Q) Q. E.52 CI) E :::: <tl 000: U Q).S:; :::,...... (1).- 0 >..... :::,. .- ~ -.......s::: ~CI):!::::: (.).- ~ (I).S:; >< E CI) W"'Ca "l:::;:: "-U Q)'- .- "'C ..s::: .~ o l..;; -:::J ~ en ~ 1::;:: O:::J Ci) ; U Q) "'C'I:l~ Q) ~ .~ lLJ ~ (.) I: Q) E (I) ~..s::: t::" ...E..... I.;;: OE.8-g8 ~ 0 Q) <tl CI) .- U ~ c:: :; ~:::J .Q (.)(.)0 10 (I) I: CI) I..;;, >< (I) Q) Q) W 0')0::: Q ~~ 0 E~ w~ ~ ~e:; M,..c: 4-; (,) o ...... ro Mo.. M en ~8 ro ...... p... . s o ....., "'C c:: C::..s::: :::...,<tl:-::::-;-o.. Q) U U CI) U lo.... ~ ~ c:: .~ S ~ :s: Q):!::::: 0 <tl (I). t::" O'>c::r"" (I) Q)~ I.;;: "l:: :::J ""-.I ~ --e.....ECI)..Q ~ ~ LL c:: E ~ .~ ECI)Q)~Ol.J..Jj-.: EOOQ)O:::...,CI) OQ::::;.Ulo........."l:: U c:: """ (5 Q) S .!:::;: .,. Q) = ..Q 0 <tl c,c:: I c:: E ..s::: OSCtil.J..JQ)Oo ;C/)Q)~~~Q) E:::JCI)<tl~o~ (l)C/),,""-JQ~ 00.a5 o)c(S~Q~ C1)C::Q)Q)Q)S c:: :;:: .:: ,c:: ..s::: ~ OOLLj-.:..... 0::::;. "- - 0 CD .... c CI.J E .c u i - -- ~.S! = 3 ~~~\O .=-- :;.S! = ~ o ~ ~ rJ:lrJ:l~l/') - = = o 5 Q,l rIJ o ~ ~ rIJ -- 0.= "OeD = .... Q,l Q,l ::s= ~ o ..... ~ l-< (j) Q,l - - .... > Q,l ~ ~ ~ .. Q,l ~ Q,l>'=0\ >e!c~ ~~=\O rIJ eD = .... - rIJ ~ = (j) S ..... ...... - - ro o ...... en (j) ..... - = o - eD = '5 .. ~ ~ = ~ eD ~ ~ en :a 'S ..... o ....., l-< c.E - (j) "0 o ~ ~ o ..... ~ (,) o - < ...... en o U .5.e- o = ~ = ~ 0 ~u Q,l - - .... > rIJ = .. = = Q,l >.. - Q,l Q.- Q.- <.; ...... (j) "0 ;::l ~ ~ C ::::I E E o u - Q,l - ,.Q ~ ~ 0\ 00 ~ ~ r--- - 00 '<:!: - - 00 o ~ ("f') 00 ~ o c: 00 - r--- 0\ \0 0\ c: r--- - o ~ C"l - - ro -0 >. E-L~ ~ '.c C) ~~ ..... en o ..1::8 (,) ~ S @-'.c ..... ~ Q (j) ...... 0.. .S 0 0..1:: ~ (,) p...~ p... p.. ..... en :::r:: ..... (j)Q -B1:: on '0 ~~ .1:: (j) ;::l"O "0 ..... "O~ (j)..... ~ ~ - ;::l ;::l 0 ~u ~ ro (j) ~ l-< ..... (j) ~ ~ .9 en ~ (j) 0.. on ..... ro (,) 1:: ..... (j) i ~ p.. (j) 1-0 p..c.E (j) en en ] S ..... ..... ...... . ~ ;::l ~- o 0 o en C"l ~ 1-0 >. c.E...... ~ g -ou ......"0 >.~ .-<;::: ro .::: >. ...... ..... ~u ~ (j) ~-B t+-<B o ro "O~ ~"'O (j) p.. S 7 "O~ (j)~,-. ~ ~ l/') ~enO "Oro~ (j)"00 ~2t3 - ~ ~ ;::l (j) 0 (,) en ca (j)'OO (,) a's: en "0 (j) ~~~ .groC"l ~t)- (j) (j) (j) C) .= "0 [) 8 ..g p...p...~ >- "C "U; ..Q ::::I U) ~ C ::::I o U c o :w m u .2 Ci I N OJ :0 ~ (j) ~ 0 == >. ..... ';' ~ en "'0 ~"O;::l~ >. (j).9 ;::l "O"ti> 'OO;::l (j)] .g~ao en (j) ';;; en] -B..... ..I::_l-<(j) Eo-;::::c.E:O . ~ ro .0......'3';;; ..... ~ ro.....::::: .....;::lp.....I::'" as 0 ...... ..... ~ ~rJ:l '~o ..I:: 1..1:: ..... (,) en........... ~ >.;..::::: ~ ~ p.. "'0 0 g (j) en..... p.. l=i p.. :.a~~[).p 1:: J5 2 p...~ ..... .....0..1:: .~ .0 ~ s:; (,) (j)Sl-<N~ -B 0 c.E \0 @- l-<U en~''''' c.E (j) [) 4-; "'0 ~ -B a ~.s o ~;3...... 0 ..... ~ en ro......., ~ 0 ~ l-< ...... l-<..... 0 ~ ro & S U 2-B ~&aro] o 0 -e ~ '1:: ~..I:: >---, >. (j) ..I:: (,) >-' "'0 p.. ...... ~ ==..... ~ s@-~15(j) !:l..... I ;::l >. l=i 0 en l-< o ><:(j)ro e.s .g ~ ] ~~"""oca ro4-;(j)......(,) ~ o.~ S "ti (j)~p...0J:: tE~[)~(j) "ti==S(j)-B l-< .=:1 ;::l ~ l-< t.+:::~enono ......~(j)t;=i (j)~OI-o_en ..1::.... U 00..... ..... ....... on en 1-0 (j) en ro ro o ... (,) ~ t;=i ';:l'.c (j) "'0 >. [) .~ -B (j) :9c;::~en~ 15<(;527 ;::l I.. ~ 0 en 00 o"ti a ro..l::~;::lro (j)...... - ",oS....:l::::~ 'S: S ~ ~ ~ ~~ ~] g .;~~~~ (j) ...... ~ ~ >. (j)enl-<.....",o 50 l-< 0 (j)..... rot.+:::~..I::15 en~....:lEo-;;::l ro - en ..I::..........:;..;(j) l-<o..ro..l:: >'c.E (j) (j) ...... 1::00 >.(j) ;::l 0 . l-< ~ o CI:l ro..... UO~ .] S (j)o:::J(j)(j) ...l/')(j)_...... ~r---..I::ro.$l L""~......(,)'-' 0 0 0 C"l o~ - l/') r--- ~ 0 0 l/') - r-: - 00 \0 ~ 0 0 0 O~ - l/') C"l \0 ~ 0 0 l/') 0\ C"l~ \0 l/') ~ 0 0 0 00 O~ 0 l/') ~ 0 0 ~ r--- r--- M ~ ~ 0 0 \0 O~ l/') r--- M 0 0 ~ l/') C"l - M ~ 0 0 0 ~ o~ l/') N ~ 0 0 ~ M r--- 00 - ~ 0 0 O~ C"l l/') C"l - ~ 0 0 - ~ C"l \0 ~ ~ 0 1:: c..s - en ..... ro ..I:: ~ ;::l ~ ..... ;::l 1:: 1-0 0 ;::l en ~~~8 ~ 4-; o.g 0 UCI:l >. ...... ..... I 0 U l-< c.E >. ...... ..... > - ..... m ...... c < 0 - :w ro ..... e 0 Eo-; CI.J 4-; a. 0 0 ...... .!! as ~ .c (j) ~ p... ><: m ....... a. ~ (ft Q ..... en .... .g C CI:l "0 >. -< .., ~ a.. ~ p... CI.J 0 M ~ ~ U 4-;-E ca "'0 O~ C (j) ~ p.. ~ M en 0 - (j)..... .. ;::l onQ (,) CI:l1:: m - U ro ~..... .2 U 0 '-' ~ Ci I en .... ..... en (ft 0 0 U U gp = ..... C ~ :w l-< (j) e 8- CI.J a. - ro 0 ...... 0 m Eo-; ......... ::::I II C en C ...... en C 0 """ U 0 on c ~ ..... 0 ~ :w l-< (j) .! p.. ::::I 0 ~ 4-; 0 m (j) U ~ I ..c:: CI:l M ca OJ J .0 ~ IOe- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council and City Administrato~ FROM: Kevin Carroll, Community Development Director SUBJECT: Request for Authorization to Update System Plans DATE: August 15,2005 INTRODUCTION The Community Development Department and the Engineering Department are seeking the City Council's permission to initiate the updating ofthree ofthe City's system plans. DISCUSSION During 1996 and 1997, the City created and/or updated comprehensive plans regarding the City's surface water management system, the City's sanitary sewer system, and the City's water supply and distribution system. The actual months of adoption were as follows: Surface Water Management Plan: September 1997 Sewer Policy Plan: May 1996 Water Supply and Distribution Plan: July 1996 (Updated March 1997) Residential development is currently being proposed or considered for certain areas that are not "covered" by one or more of the system plans identified above. The Metropolitan Council will probably not approve MUSA extensions or Comprehensive Plan [land use] amendments for any geographic areas that are not included within the comprehensive system plans in question. Accordingly, City staff members are asking the City Council for permission to start the process of updating such plans. As part of the first step in that process, City staff members will work with Bonestroo staff members to develop specifics regarding the scope of each system update, the estimated cost, and the projected timetable for completion. When this information becomes available, this topic will be placed on a City Council agenda for further discussion and for final authorization of the work in question. ACTION REQUESTED Motion to authorize City staffto initiate the updating ofthe three system plans referred to above. ~e . e ~y su~tted. ' .i~ in Carroll . Community Development Director I/a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council and City Administrator flY- FROM: Kevin Carroll, Community Development Director SUBJECT: 1. Consider Request by Independent School District 192 to Amend the 2020 Comprehensive Plan from Urban Reserve to Public/Semi-Public for a 11O-Acre Property Located West of Flagstaff Avenue and South of County Road 64 (aJk/a 200th Street West). Consider Amending the Text of the 2020 Comprehensive Plan To Address Any Internal Inconsistencies That Would be Created by the Approval of the Comprehensive Plan Amendment Referred to Above and/or by the Construction of a High School on the Property In Question. Consider Request by Independent School District 192 to Rezone the Property Referred to Above from A-I to R-l. 2. 3. DATE: August 15,2005 INTRODUCTION This matter was considered by the City Council at its meetings on June 20, 2005 and July 18, 2005. At the July 18 meeting, the Council voted to table the matter until its August 15 meeting. The Council's options on July 18 will include approving ISD 192's requests, denying those requests, or continuing the matter to the Council's September 6 meeting. DISCUSSION Independent School District 192 [hereinafter "ISD 192"] has requested that the City amend its 2020 Comprehensive Plan with regard to a 1l0-acre property located west of Flagstaff Avenue and south of County Road 64 (also known as 200th Street) in the City of Farmington. The property in question, which was owned by the Christensen family before it was acquired by ISD 192 in 2004, currently has an "Urban Reserve" designation in the 2020 Comprehensive Plan. ISD 192 has requested that this designation be amended to "Public/Semi-Public," to allow the construction of a high school on the property. ISD 192 has also requested that the property in question be rezoned from "A-I" (Agricultural) to R-l (Low Density Residential). School facilities are a conditional use in any R-l zoning district. The events that occurred after the Council's July 18 meeting included an all-day joint City/School District meeting that was conducted on July 27,2005. This meeting was essentially a collaborative planning exercise (a "charrette") that was designed to enable City and School District representatives to openly and objectively discuss the merits of potential alternate sites for the future high school. The meeting was attended by two School Board members, several School District staff members, various School District consultants (architects, engineers, etc.), two City Council members, and several City staff members. During the course of the meeting on July 27, School District consultants prepared drawings that illustrated, for each of three potential high school sites, possible locations and orientations for the high school building itself, the stadium, and various athletic fields. Discussions among and between the participants led to a consensus (but not unanimous) decision that one of these three sites should not be given further consideration. However, there was no indication from any of the participants that the remaining two sites had been (or should be) eliminated. The consensus, at least from the perspective of City staff members, was that the group had collectively determined that the remaining two sites were viable alternatives to the Christensen site. It was agreed that City and School District staff and elected officials would meet on the following day with Mr. Brian Laidlaw (a representative of Newland Communities, the developer of the Seed/Genstar property) and Mr. Colin Garvey (a developer who holds an option to purchase the Fountain Valley Golf Course property). The School District's consultants agreed to prepare (overnight) refined versions of the rough site plans that they had created during the charrette exerCIse. The (separate and successive) meetings with the two developers in question took place on July 28. Most of the attendees were the same ones who had participated in the charrette on July 27, although the two School Board members who had attended on July 27 were unavailable on July 28, and were therefore replaced by three other School Board members. At each meeting, the developer was shown a copy of the preliminary site plan that had been prepared, and the City and School District representatives answered the developer's questions about the high school project. Neither developer indicated an unwillingness to consider the possibility of locating a high school on his property or within his future development. Mr. Laidlaw indicated that he would need to discuss the idea with other staff members at Newland Communities. Mr. Garvey expressed an interest in seeing a revised site plan that showed some of the athletic fields on the north side of the proposed high school site rather than on the west side. The need to obtain soil borings to verify soil conditions was also discussed. City staff members left the meeting with the impression that the School District representatives had agreed that their consultants would immediately proceed with the revised site plan and the soil borings, so that further discussions could be conducted with Mr. Garvey as soon as possible. On August 3, a City staff member contacted the School District consultant who had prepared the initial conceptual site plans, to inquire about his progress in preparing the revised site plan referred to above. He indicated that he had not received authorization from the School District to proceed with the work in question, or to conduct the soil borings that were discussed on July 28. The ISD 192 School Board met on August 8, 2005. ISD 192's "Board Review," an unofficial summary of that meeting, was distributed on or about August 9, 2005. According to the "Board Review," Dr. Meeks advised the School Board on August 9 that "none of the alternate sites was satisfactory for the construction of the school and its campus," and he recommended that the School Board authorize or direct staff to "request that the Farmington City Council act favorably 2 upon" the proposed Comprehensive Plan Amendment and the rezoning request regarding the Christensen site. City staff members first indicated to School District staff members in April of 2004 that the use of the Christensen property as a high school site would be inconsistent with and contrary to the City's 2020 Comprehensive Plan. City staff members, elected and appointed officials of the City, the Metropolitan Council and others have continued to repeat or restate that concern, verbally and in writing, during the past 16 months. ISD 192 did not apply to the City for the required Comprehensive Plan Amendment until more than a year had passed from the date on which it entered into an Option Agreement to purchase the Christensen property. The City has made a good faith effort to assist the School District in identifying and examining alternate locations that could be developed as a high school site without creating conflicts with the City's Comprehensive Plan. As of Thursday, July 28, 2005, it appeared that the City and the School District had at least two alternate sites that would meet the School District's requirements, and two developers who were willing to work with the City and the School District in that regard. As indicated in the Introduction to this Memo, the City Council's options at this point include approving ISD 192's land use-related requests, denying those requests, or continuing this matter to a future meeting. The staff recommendation has been, and continues to be, to deny the requests. However, if the Council is inclined to approve the requests, staff recommends that formal action on that approval be deferred until the September 6 meeting, to provide sufficient time for the preparation and joint execution of a Memorandum of Understanding that reflects any conditions or agreements upon which the approval will be based. ACTION REQUESTED Motion to either: 1. Approve the Comprehensive Plan Amendment(s) and rezoning in question; OR 2. Deny the Comprehensive Plan Amendment(s) and rezoning in question; OR 3. Table or continue this matter for further consideration on September 6,2005. Respectfully Submitted, 1/ ~ ~e /f~ ~ Kevin Carroll Community Development Director 3 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA In Re: Application of ISD # 192 for a Comperehensive Plan Amendment and Rezoning (5/20/05) FINDINGS OF FACT AND DECISION On August 15, 2005 the Farmington City Council met to consider an application from Independent School District 192 (ISD 192) for an amendment to the City's Comprehensive Plan and Rezoning. The subject property for the request a 110 acre parcel owned by ISD 192 and located west of Flagstaff Avenue south of County Road 64, commonly referred to as the Christensen site or property. The application specifically requested to amend the City's 2020 Comprehensive Plan for the Christensen property from Urban Reserve to Public/Semi-Public and to Rezone the site from A-I to R-l. As part of the Comprehensive Plan amendment, text amendments to sections of the plan discussing infrastructure improvements and other extension of city services to the property and area necessary to allow the construction of a new high school on the site would also be authorized and directed. The application, dated May 20, 2005, has been reviewed by city staff, the Planning Commission following a public hearing and by the City Council both at previous Council meetings and workshops conducted jointly with the ISD 192 School District Board, staff, and consultants. The applicant requested and received extension of the statutory time limits for review of the application in order for a full analysis of the proposal. The City Council of the City of Farmington, at its meeting having considered the City's Comprehensive Plan, staff reports, other written materials submitted by the applicant and other persons; having heard testimony from all interested persons wishing to speak, and based on its knowledge of the community; now makes the following: FINDINGS OF FACT 1. The property is located in an area designated by the City's Comprehensive Plan as Urban Reserve and not designated for urbanization and the concurrent extension of city infrastructure and services until 2020 or thereafter. 2. The City of Farmington has been protecting this Urban Reserve area for years by not allowing any type oflarge-scale development (residential, commercial, industrial or institutional) to occur there. The City's attention has been, and will continue to be, focused on the development that the City has wanted and expected to occur in other portions of Farmington between 2000 and 2020. 3. Applicant proposes development of the site as a new high school requmng the improvement of existing city infrastructure in the area (Flagstaff Avenue) and extending new infrastructure (including sewer and water service) to the site. 4. The City of Farmington's plan for the future development of the Urban Reserve area has historically been premised upon (a) waiting until most of the owners have removed themselves from the Ag Preserve program and (b) most of the owners have also indicated an interest in ending their farming operations, at which time (c) residential development could begin to progress in a logical and orderly fashion from nearby developed areas into adjacent undeveloped areas, with the required incremental infrastructure extensions being funded directly by developers or by assessments against the developing properties, rather than by local taxpayers. 5. Amending the 2020 Comprehensive Plan to allow the development of the former Christensen property as a high school site in the center of the Urban Reserve area would represent a radical departure from development scenario outlined above, necessitating an inefficient extension of city services to serve an island of development and would unduly and prematurely force neighboring property owners of agricultural land to deal with construction activity, increased traffic and commotion, conflicting or incompatible land uses, development pressure and other consequences that the 2020 Comprehensive Plan had led them to believe would not be occurring for at least IS years. 6. The present guiding of the subject property provides reasonable economic use of the property. 7. Facts influencing the appropriate use of the subject property and surrounding areas have not changed significantly since the Comprehensive Plan was completed to support a change for this site from Urban Reserve to Public/Semi-Public. 8. Rezoning the property to Public/Semi-Public Use to allow for the construction of a high school requiring the upgrade and/or extension of city services to the subject property is inconsistent with the adopted and current Comprehensive Plan and would preclude the phased and efficient implementation of that plan. DECISION 1. The City Council of the City of Farmington denies the request by ISD 192 that the City's 2020 Comprehensive Plan be amended from Urban Reserve to Public/Semi-Public for its 110- acre parcel (the former Christensen property) located west of Flagstaff Avenue and south of County Road 64 (also known as 200th Street West). 2. The City Council of the City of Farmington denies the request by ISD 192 to rezone the property referred to above from A-I (Agricultural) to R-1 (Low Density Residential). CITY OF F INGTON BY: A City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us )/6 SUBJECT: Mayor and Councilmembers ,~2, David Urbia, City Adminplr Cataract Relief Association TO: FROM: DATE: August 15,2005 INTRODUCTION At the last meeting the state certification form was presented, as required, and a discussio~ and background was given regarding the city contribution, benefit level, and funding ratio. DISCUSSION Attached you will find a spreadsheet detailing past, current, and projected future city contributions, benefit levels, and funding ratios. The requested benefit level increase from $3,200 to $3,500 represents a 9.375% increase. The requested city contribution increase this year is difficult due to the proposed budget challenges. An alternative to look at five percent growth in the benefit level provides a fair increase, allows the city contribution to remain the same even with the request to add anywhere from four to nine firefighters, with the funding ratio increasing towards 100%, the ideal target (meaning it is neither under- or over- funded). BUDGET IMPACT There would not be a budget impact this year with the recommended five percent benefit per year increase and by keeping the city contribution the same. ACTION REQUESTED Keep the City contribution the same at $60,000. Increase benefit per year from $3,200 to $3,360, which represents a five percent increase. Direct staffthat future benefit levels should grow annually at a steady, fair rate, that future city contribution needs to be monitored for increases based upon current and proje funding ratios, keeping a target goal of 100%. C o ~ .!2l :c o C o 'iij C Gl a. 'C ~ Gl "e- a. 'C C C 0'" +:i en .~ ~ o ::J O:'!:: C~'C o C - Gl ~~ ~ .- -w E ~ <Ii ~U~ ..... r 0 o ~ 6~ 'Co Gl.... -0 mN "" rtl Gl 'C0'l GlO -0 mN iii Gl 'Ca:> GlO -0 .~N Ui Gl 'C..... GlO -0 mN gj 'Cco GlO -0 mN gj 'CLO GlO -0 EN gj (I; o N (') o o N N o o N o o N o o o N O'l O'l O'l .... a:> O'l O'l .... ..... O'l O'l .... co O'l O'l .... 10 ..... a .... .... N 0"".... ON(') 0....."" 12~~ .... LO (') "" a a:> O!. Oa:>..... 0......... O....N .ocOai co......... .... O'l LO a:> N LO a:>. oco"" 0(').... 0......... <6"':"': co......... .... "" LO ..... N "" ...... o LO 0 00'l.... 0(')..... O~a) co.... co .... .... .... co. N co. gg~ 0.... a:> acO"': cooco .... .... ID cO O'l ('). 000 000 000 a<6ri cooco .... o o a:>. <0 C'!. ON..... O(')CO 0a:>0'l .0"': cO LOO"" .... .... a:> ..... ~ o O'l gto~ o co 0 .o"':ri LO ..... (') N "" M cO LO O'l OooN ONCO 00'l"" .oacO LOCOCO .... o co co. r:: o. Of'.CO~ OCOLO"" o a:> a:>0'l o~o)~ LOLO"" .... ..... LO a:> a o .... O(')N oa:>.... 0(')(') aai.o LO(')O .... O'l co .... ri o a:> 0......... ONCO 0(')..... a"':cO LO(,)N N (') a:> ~ .... N co ococo OCOO'l 0.......... .o.oN ""(')0 .... a:> co ..... cO U; 0000 OCO.....N 00'l"""" ~~~N co N LO ...: N "" OOOLO o~cov O"f"'""LOt'-- uiC\l~-c-~~ ",,(')LO Ui .... rtl Cl Q) .~ '- ~-E~ 6~&lO Gl ::J C Gl > Gl a:: ~ '" ::J C '" ...., ~ C '" (ij 10 LO LO .... r:: N co O'l (') N co N u; a:> ri LO N LO o .... ~ N "" o ri (') N o o o cO N N O'l O'l ...... .... M ~ ..... <6 co (') "" (') LO N LO o LO o cO "" O'l N O'l .0 .... a:> a:> o cO M N co LO ri a:> .... o LO a:> ..,: co .... LO (') "" a (') .... g o I-- 'C 'm n. .l!l q:: Gl C Gl Gl .a co '6 C Gl n. x W o o LO. N .... o LO o ...: N .... LO ..... C'!. N .... o o o cO N .... r:: a:> cO o .... , "" "" "" ai co .... o o ..... N o o o ...: co O'l "" (') a .... o o "" cO .... LO a:> a:> ...: LO (') O'l .... ~ C rtl :8 ~ "'.- .l:l c: .21 Gl C rtl ~ 'E c5 ~ 'C~- <(a.O o o o .0 o o o .0 o o o <6 o o o <6 o o o .0 o o o <6 O'lLO ....N LO .0 O'l 0; N N o .... N co O'l N N 0'l0 O'lN ......... N co ..... o N o LO o N o o LO cO N o LO o N (') .... LO ..... N cO N .... o o o. M .... r:: IX!. .... .... .... o o o <6 a:> a:> O'l ..,: ..... .... O'l <0 <6 N o .... N co O'l N ai co a:> co N ri o o "" cO .... co ..... o N LO (') O'l ai LO (') O'l .... ~ g o I-- co (') "" .0 LO N N 10 ..... a .... .... N LO (') "" ci a:> O!. O'l LO a:> N LO a:>. "" LO ..... N "" .....0 .... ID. N co. .... <0 cO O'l cq o o a:>. .... co N. a:> ..... co. o O'l "" M cO LO O'l o co co. r:: o. ..... LO a:> ci o .... O'l co .... ri o a:> (') a:> co. .... N co a:> co ..... cO .... LO M Q; .0 E ~ Gl o ~ C '" (ij 10 o LO LO ri O'l (') N o o "". .... ..... .... N N ..... O'l cO .... o N o o co N o O'l. (') M cO 10. N '<t" N ri (') ...... o (') "" N N co. o o O'l cO a:> LO. "" o cq M "". ~ (') ai M. '<t" a:> (') ri ..... "!. N .... a:> ...: o a:> ..... LO ..... ri co co N "" co. .... <0 o a:> (') ..,: <X> LO rtl C .2 ro .!2l :c o "E Gl E ~ 'ai a:: ~ .... .... cO (') .... m 10 ci !:e- r:::- (') LO cO e ~ ..... ai ~ 0) ?f!. LO a:> LO u) .0 O'l !:::.. .... (') <0. .... .... m 10 ri N ~ s o <6 N e <D N co ai N e s (') o ri co e ~ N ...... o ~ LO "" o ri O'l N N ~ ai (') ~ o a .... N .... co ...: !:e- Q) Cl t'l o .c ~ rtl rtl Gl o X W ~ ~ ..t O'l ~ o N r-..: O'l ~ o .... oci O'l ~ ~ r-..: O'l ~ o <0 <'i O'l ~ ~ <0 a:> ~ :h oi ..... ~ o o '" co '#. LO N ..... '#. N ..t a:> ~ o (') <0 (') .... '#. ~ N .... '# ~ o .... ~ ~ oci a:> o LC') o "t"' ~ o LC') co ri ~ ~ <0 C'). ~ o o LC') C')" ~ o LC') '" ri ~ o o N ri ~ o LC') o ri ~ o o o C'). ~ o o o ri g .E a~ +:iLO ~~ 0.0 E= 8 ~ ~.E ..... ~ c8 - 0.- '" ~ 19 :0 .Q6. ~ (ijE .c 2 8 ~ .192 Gl eng .Gl Q>(f.)Q)> ,s . ~.91 Q)Q)C1]a: Clg'C Gl uig.!!l~ai m~~b~ ~'-U)o.c ('l')2i~N- ~ Gl Gl.5: .s Q):6L.(j)~ > rtl m = '" ~ .;;; >- Gl ~ o:c~,sg...: o.I--Oc'-Gl LO .- 0 (ij ~ ~~a;<u:)co ~md.:C2~ U) >-0) g>co..c:: mn:6~~; COCOCij::LOL. GlGlo'C",2 u?f!.E~"C-a .S to :J :J C It=: OMQ)Cro~ .....>>.=sgtt:: ~.oro-('I')N ,gJ2~cv)1C) cortlcE~cO gm~orog ~g~ro~~ 2~(ij ~~.;;; .a <( 6- 13 tE .m .- Gl Gl '" Gl .c -E .= U) Q) ~ OJ 8L1.. g>~.o~ 0)--0<.0= ~19 ~ iO'g ~ oen Gl o.N "" en en U) fn U) en Gl Gl Gl Gl Gl Gl EEEEEE cij~~~5l~~ 6~~~~~~ i=;::-N~;;;rLOu) a. :2 ::J en en <( ~ o o o ri ~ o o C') N' ~ o o o N' ~ o ~ ""'" ~ o LC') ~" ~ o o <0 ...: ~ Qj > .91 ~ J3a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Update for Council Roundtable DATE: August 15,2005 1. Coffee With Council- Thursday, August 18,2005, 7:30 am, Eagles. Wilson and Soderberg are next on list, however Soderberg filled in for Pritzlaff for the July . ~ meetmg. 2. Ehlers and Associates 50th Anniversary Open House, Thursday, August 25, 2005 3 pm to 7 pm, 3060 Centre Point Drive, Roseville, RSVP by August 16th, please let Cindy know by then if you wish to attend. 3. At the last Roundtable, we set a time with the Council on Monday, September 19th, 6:00 p.m. to receive an update regarding transit from Dakota County. However, they instead tentatively will set up an open house on a couple of Wednesday evenings in September for council and planning commission attendance. 4. Northern Dakota County Chambers of Commerce 48th Annual Meeting, September 30,2005, 7:30 am to 9:30 am, Shoreview Country Club, 239 East Mendota Road, West St. Paul. RSVP with Cindy. 5. Council should set a time for a groundbreaking for the Vermillion River Crossing in the next couple of weeks. Once we set a date, Mr. Allendorfwill have shovels and hardhats and his team present, we simply need to notify the media. Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.