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HomeMy WebLinkAbout12.16.91 Council Packet AGENDA COUNCIL MEETING REGULAR DECEMBER 16, 1991 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. November 25, 1991 - Special b. December 2, 1991 - Regular 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. 7:00 P.M. - Truth in Taxation - Continued from December 2, 1991 b. 7:30 P.M. - Zoning Amendment - Resource Recovery/Urban Land Outside of MUSA c. 8:00 P.M. - Preliminary Plat of Silver Spring - Continued from December 2, 1991 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. EDC Mission Statement 7. ORDINANCES AND RESOLUTIONS a. Refunding of G.O. Fire Station and G.O. Arena Bonds b. Resolution Accepting Chamber of Commerce Donation 8. UNFINISHED BUSINESS a. Feasibility Study for Storm Sewer in Hill Dee/Hillview/Terra 9. NEW BUSINESS a. Towing Contract b. Mutual Aid Agreement - Police Department 10. MISCELLANEOUS a. Vacancies on Boards and Commissions - 1992 b. Fall Survey Response c. Solid Waste - Weight Based System 11. CONSENT AGENDA a. Request to Reduce Mountain Dew Days Bill b. Budget Adjustments and Transfers c. Capital Outlay Request - Fire d. Capital Outlay Request - Fire e. Disposition of Donated Furniture - Fire Department f. Capital Outlay Request - Fire g. Capital Outlay Request - Public Works h. Capital Outlay Request - Public Works i. Capital Outlay Request - Public Works j . Project 92-1 - Sewage Flow Meter k. Project 91-10 - Change Order/Partial Payment 1. Public Works Personnel m. Capital Outlay Request - Fire n. Capital Outlay Request - Fire o. Capital Outlay Request - Fire p. Resolution Opposing Metropolitan Council Water Area Supply Plan q. Approve Payment of the Bills 4 AGENDA REQUEST FORM ITEM NO. awe NAME: Chris Caller / DEPARTMENT: Councilmember DATE: December 10, 1991 MEETING DATE: December 16, 1991 40 CATEGORY: Petitions, Requests and Communications SUBJECT: EDC Mission Statement EXPLANATION: Self Explanatory REFERENCE MATERIAL/RESPONSIBILITY: See attached. REFERRED TO: (NAME) DEPARTMENT: / SIGNATURE Iq41 EDC Woee Pi.<►rJ PROGRAM OF WORK Achievements 1. "Establish Community to Do Own Thing" 2. Helping Existing Businesses 3. FAA Survey • 4. Blandin Community Leadership Program 5. Star Cities 6. Industrial Park - "Open for Business" 7. Lexington Standard 8. Facilitated the sale of School Land to the FAA Center 9. Charitable Gambling Committee 10. Major Community Act - Mountain Dew Days 11. Beautification Committee 12. "MN" Cities Participation Program Coordinate federal funding from local government to first time home buyers. 13. Depot Replica Project 14. Art Society All Activities to Build a Spirt of Cooperation. Weaknesses 1. Time Constraints 2. Lack of Staff 3. Communication Limitations 4. Financial Limitation As Amended January 1, 1988 JOINT POWERS AGREEMENT BETWEEN THE CITY OF FARMINGTON, INDEPENDENT SCHOOL DISTRICT NO. 192, THE FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY, AND THE FARMINGTON AREA CHAMBER OF COMMERCE ESTABLISHING A JOINTLY SPONSORED ECONOMIC DEVELOPMENT COMMISSION TO CARRY OUT ECONOMIC DEVELOPMENT PROGRAMS WITHIN THE CITY OF FARMINGTON WHEREAS, the City of Farmington, hereinafter called "City", is authorized to, and does, encourage and guide the economic development and redevelopment of the Community; and WHEREAS, the Farmington Housing and Redevelopment Authority, hereinafter call "HRA" is authorized to carry out redevelopment projects as defined by M.S. 462.421; and WHEREAS, the Farmington Independent School District No. 192, hereinafter called "School District" is authorized, and does provide for a community education program; and WHEREAS, the Farmington Area Chamber of Commerce, hereinafter called "Chamber", established to attract, retain and promote commercial and industrial activity within the greater Farmington area; and WHEREAS, it is the intention of the parties hereto, hereinafter called "Sponsors", pursuant to Minnesota Statute 471.59 to provide a Joint Powers Agreement defining: 1, the role of the Economic Development Commission, hereinafter called "EDC" in providing commercial, industrial and economic development, redevelop- ment and educational programs within the City; and 2. the obligation and contribution of each sponsor. NOW THEREFORE, in consideration of the mutual covenant and conditions contained herein, this Agreement is made and entered into as of the 1st day of January 1985 by and between the City, HRA, School District and Chamber of Commerce pursuant to authority contained in Minnesota Statutes M.S. 471.59 whereby the sponsors agree as follows: 1. Purpose of the Agreement The sponsors shall severally, jointly and cooperatively, pursuant to applicable statutes, together with their respective and implied powes, establish an Economic Development Commission which shall establish and operate an Economic Development Program hereinafter called "Program" comprised of, but not limited to, the following categories: A. The promotion, retention and expansion of existing industrial and retail firms. B. The attraction of industrial and retail firms to the City of Farmington. C. The promotion and coordination of community activities and educational programs relating to economic development. D. The employment of staff as deemed necessary to carry out the Economic Develop- ment Program. 2. Community Services Commission The Commission shall consist of five voting members; one appointed by the City, one appointed by the Chamber, one appointed by the School District and two • appointed by the HRA. The initial term of the members shall be as follows: City - 1 year Chamber of Commerce - 2 years School District - 3 years 1st HRA Appointee - 1 year 2nd HRA Appointee - 2 years Thereafter, all members shall be appointed for a term of three years. Vacancies shall be filled for unexpired terms of office by the appropriate appointing authority. The City Administrator for the City of Farmington and the School Superintendent for ISD #192 shall be ex-officia, non-voting, advisory members of the commission The Commission shall, at the beginning of each year, adopt a set of by-laws, select a chairperson, vice chairperson and secretary. A majority shall constitute a quorum for the transaction of business. The Commission shall meet at least once a month or more often as required. Members may be removed by the appointing authorities for cause, in accordance and by procedures set forth by the respective authorities. 3. Economic Development Program The program will include business related education, community activities, promotion and retention of existing commerce, attraction of commerce to the City, and promotion of the Community in the broadest sense. Sponsor's facilities and resources will be utilized, as well as private and other public resources when available, to carry out the Program. The responsibility for the operation of the program shall rest with the sponsors through the Commission. 4. Finance A. The sponsors shall make financial contributions to the Commission to fund the operation of the Program exclusive of grants, donations and fees collected for various activities. Financial support of the portion of the operating budget not met by grants, fees or donations, shall be based on a contribution by each sponsor as follows: City 7.5% School District 7.5% Chamber 7.5% HRA 77.5% The combined contribution by the sponsors shall not exceed Thirty Thousand Dollars ($30,000.) during 1985, after which there shall be no maximum amount. Said contributions, however, shall be subject to any limitations established by State Law. On or before August 1st of each year, the annual Program Budget, as recommended by the Commission, shall be submitted to each sponsor for action on approval. The budget shall set forth a proposed program, activities for the ensuring year, as well as projected expenditures, non sponsor contributions (revenues) and sponsor contributions to carry out the activities. Additional contributions may be made by any sponsor as determined at the discretion of the governing body. Contributions from other individuals, groups and agencies may also be accepted. Billing and payment shall be quarterly. Two consecutive quarters of non payment shall result in the suspension of voting rights until the deficit is remedied. B. The HRA shall act as fiscal agent and shall maintain a separate fund for the purpose of carrying out the Program activities. C. Each sponsor shall endeavor to make applications for all County, State and Federal grants and funds, and private and foundation resources that may be available to it, provided that the requirements or conditions necessary to obtain such grants and programs are acceptable to that sponsor. D. The EDC shall endeavor to purchase equipment and supplies for the Program through procedures which will be most beneficial to the Program. Contracts let and purchases made under this agreement shall conform to the statutory requirements applicable to contracts and purchases of the sponsors. E. At the end of each calendar year, the EDC shall cause an audit to be performed of funds expended in the previous year. A copy of the annual audit shall be submitted to each sponsor by April 1st of each year. F. At the end of each calendar year, the EDC shall prepare a report of activities conducted and submit this report to the sponsors. This annual report shall be in a form such that it can be compared to the proposed program on which the annual budget has been prepared. 5. Contributions of Facilities by Sponsors A. Each sponsor shall, after receiving the recommendations of the EDC, determine which of its lands, buildings, equipment and programs, hereinafter called "Public Resources", will be made available to the Program. B. The cost of maintenance, upkeep and utilities for the Public Resources made available by the sponsors will be borne generally by the respective sponsors. C. Each sponsor shall maintain public liability insurance coverage on the Public Resources made available for the Economic Development Program. D. Public resources shall be returned to respective sponsors upon withdrawal from the Agreement under the provisions of Section 8. 6. Personnel The Economic Development Commission shall establish standards and qualifications for (1) a director, and (2) any additional personnel deemed to be necessary for the Economic Development Program. The EDC shall hire and fire all such personnel except for the Director who shall be hired upon recommendation of the HRA. The EDC shall establish the salaries and benefits of all personnel to be hired for the Economic Development Program. Employees of the EDC shall be under the direct supervision of the Economic Develop- ment Director, who in turn shall be accountable to the EDC. The Director shall further serve as the Executive Director to the HRA. 7. Supervision of Program All activities of the Program will be under the direct supervision of the EDC. The Director shall carry out the directives and goals of the Program as approved by the EDC. 8. Length of Agreement The Agreement shall remain in effect and shall govern the jointly sponsored Program of the sponsors subject, however, to the right of any sponsor to withdraw from this Agreement on December 31st of any year. Written notice of termination must be given to the sponsors at least one year prior to the date of proposed withdrawal. In the event of written notification to withdraw, the remaining parties shall meet to consider modifying the agreement to continue without the withdrawing sponsor, or to terminate. In the event of termination, all surplus funds shall be distributed to the sponsors in proportion to the amount contributed over the lifetime Agreement. Property purchased under this Agreement shall be distributed to the sponsors in the same way. As of the date of termination, each sponsor hereto shall be liable for all debts and liabilities incurred by the Program in proportion to the contribution set forth under Paragraph 4A above. 9. Nondiscrimination A. Admission and access to full utilization of and benefit from the Program shall be available to all residents of the Community without regard to race, color, creed, religion, national origin and without regard to sex, except as may be necessary as a bona fide requirements of a specific course or service of said program. B. No applicant for employment or employee hired pursuant to this Agreement shall be discriminated against with respect to that person's hire, tenure, compensation, terms, upgrading, conditions, facilities, or privileges or employment by any reason of race, color, creed, religion, national origin, or sex, except as may be based upon bona fide occupational qualifications. IN WITNESS WHEREOF, the sponsors hereto have caused this Agreement to be executed by their respective dulyauthorized officers pursuant to the authority granted by the attached Resolution adopted by the City, Chamber, HRA and School District. Independent School District No. 192 Farmington City Council Dakota County, Minnesota Chairperson Mayor Clerk City Clerk Date Date Farmington Housing and Redevelopment Authoriy Chairperson Executive Director Date Farmington Area Chamber of Commerce President Secretary Date ECONOMIC DEVELOPMENT STRATEGY 1991 - 1993 WORK PLAN LONG RANGE ECONOMIC DEVELOPMENT OBJECTIVES I. Continue participation in the Star City program and recertification process. II. Promotion/Support for City Comprehensive Plan. III. Adopt a proactive approach to City Economic Development. IV. Promote expanded employment base. V. Develop targeted market to establish a balance of Retail/Commercial facilities. VI. Promote expansion of Library Services. VII. Promote Research and Development Activities. VIII.Promote growth of cultural activities for community. IX. Promote local tourist attractions. X. Participate in organizational activities and educational programs to further knowledge of current and future economic development issues. XI. Pursue the establishment of an economic development authority and revolving loan fund. XII. Develop community and industrial promotional material. XIII.Annually evaluate the image Farmington portrays in the development community. XIV. Promote harmonious working relationships with surrounding townships and cities. OVERALL ECONOMIC DEVELOPMENT STRATEGY 1991 - 1993 WORK PLAN SHORT RANGE ECONOMIC DEVELOPMENT OBJECTIVES I. Complete Star City Program a. Complete Retail Survey b. Complete Industrial Survey c. Complete 1 and 5 Year Plan d. Complete Community Facts Booklet e. Complete Industrial Brochure f. Complete Community Brochure g. Complete Video h. Complete Capital Improvement Plan IA. Marketing Strategy for Development - Plan Formation IB. Promote Community Leadership Programs II. Develop Business Retention and Expansion Programs III. Develop and Implement Financial Incentive Options for Business Development IIIa. Business Retention IIIb. Business Expansion IV. Research/Develop Computer Programs for Effective Economic Development Packaging V. Create Economic Development Networking System with Other Cities in Dakota County VI. Promote Educational/Medical Facilities VII. Promote/Support Recreational Programs for Community ti ria SURVEY QUESTIONS 1. How long have you been employeed by the F.A.A. in Farmington? 2. What city do you presently live in? ❑ Farmington ❑ Rosemount ❑Northfield ❑ Lakeville ❑ Eagan ❑Hastings ❑ Apple Valley ❑ Burnsville ❑Bloomington ❑ Other 3. What amenities available in your present community caused you to locate in that community? ❑ Upscale housing ❑Medical Facilities ❑ Schools ❑Golf Course ❑ Shopping Facilities ❑Other ❑ Spouse Employment 4. What is the value of your present home? ❑ $75,000-$100,000 ❑$151,000-$175,000 $226,000-$250,000 ❑ $101,000-$125,000 ❑$176,000-$200,000 $251,000 or more ❑$126,000-$150,000 ❑$201,000-$225,000 5. Would either or both of the following developments available within the Farmington city limits appeal to you? ❑ 21/2 to 5 acre city lots with paved streets and on-site sewer and water systems. Ei Large lots surrounding or close to a golf course located north of the new Farmington Middle School. 6. Please note any other information or comments you want to share with us. 1 AGENDA REQUEST FORM ITEM NO. q, NAME: Daniel M . Siebenaler s. "/7/1/ ems--- DEPARTMENT: Police DATE: December 10 , 1991 jTII — S. --kg/,'� MEETING DATE: Dec ember 16 , 1991 1 &e.4- CATEGORY: eCATEGORY: New Business R-F �O SUBJECT: Towing Contract EXPLANATION: We have received a request to open the towing contract for bids . REFERENCE MATERIAL/RESPONSIBILITY: See Memo REFERRED TO: (NAME) DEPARTMENT: Larry Thompson City Administrator Wayne Henneke Finance Director 4116 . SIGNATURE MEMO TO: Mayor and Council SUBJECT: Towing Contract DATE: December 11, 1991 I have received a request from Francis Blaha of Blaha Collision to open the City of Farmington Towing Contract for competitive bids. The current towing contract (attached) is held by Marek's Towing of Lakeville. Marek's has held the contract since 1984. During that time there have been several inquiries into the towing contract but there have been no requests to re-bid until now. During the seven years, Marek's has held the contract there has been only one rate increase. Marek's has performed in perfect compliance with the terms of the contract. I have been very pleased with Marek's Towing. At this time, I am asking for a City Council response to open the towing contract to competitive bidding. If the Council decides to do so, I would suggest advertising a request for proposal in local newspapers. A request for proposals would allow the Council to - evaluate an over all package asto services, performance and facilities. It should be noted to the Council that an RFP would not guarantee a better contract than we currently have and may endanger the existing agreement. Our current contract may be terminated upon 30 days notice by either party. If you have any comments or questions, please feel free to contact me at your conv- .ience. Daniel M. Siebenaler Chief of Police DMS/m Attach. TOWING AGREEMENT AGREEMENT made this day of , 1988 , between Joseph F. Marek, d/b/a Marek ' s Towing and Repair, 20152 Kenrick Avenue, Lakeville , County of Dakota, State of Minnesota, herein- after referred to as CONTRACTOR, and the City of Farmington, County of Dakota, State of Minnesota, a municipal corporation, hereinafter referred to as CITY. RECITALS Contractor is duly registered and authorized to engage in the business of towing vehicles. SECTIONI Purpose of the Agreement The purpose of this Agreement is to designate a specific Contractor to perform the services of towing, hauling, moving, and/or impounding of vehicles when ordered to do so by the City, which is defined as "contract" services. This Agreement does not involve or control transactions which result from calls made to the Contractor by the City at the voluntary request of a private citizen , defined as "courtesy" services . Additionally, this Agreement is to assure the provision of services as to: type , availability, dependability, reput- ability, accessibility, adequacy, and costs thereof. SECTION II City-Designated Authority The Contractor shall respond to a Contract service order issued only by representatives of the Farmington Police Depart- ment who shall be designated by the Chief of Police . For reference, a copy of the City ' s Towing Policy is attached hereto as Exhibit "B" . SECTION III Contractor Designated Upon execution of this Agreement the City designates the Contractor as the exclusive vendor of the services provided for in this Agreement. SECTION IV Contractor Performance The Contractor agrees to perform as follows: 1 . Availability - Calls for contract services will be handled 24 hours per day, 365 days per year. 2. Contact numbers - The following telephone numbers will be available for contract service calls : (A) 435-5151 (B) 469-3182 (C) 469- 1944. 3. Response Time - Arrival at the scene following a call will be as prompt as possible but will not, in any case, exceed 20 minutes. 4. Equipment - Adequate equipment specifically designated to satisfy the intent of this Agreement will always be maintained in serviceable condition and will be at the disposal of the Contractor. 5. Storage Facility - The Contractor will provide secure storage area under the control of the Contractor. 6. Reclaim Convenience - The Contractor will provide the necessary accommodations to permit the reclaim of stored - 2 - vehicles by the owner in accordance with the following schedule : Monday through Friday - 7 : 00 A.M. to 5 : 30 P.M. Saturday and Sunday - Noon to 1 :00 P.M. No service will be provided outside of the above hours. SECTIONV The maximum charges that can be incurred by an owner of a vehicle handled under this Agreement by the Contractor are set forth in separate Schedule A which is attached to and is a part of this Agreement. Charges will be subject to review by the Chief of Police and shall be approved by the City Council as to their conformance with schedule of charges. SECTION VI Insurance Contractor agrees to procure and maintain during the dura- tion of this Agreement liability insurance on its vehicles and its business, as well as property damage insurance, in amounts acceptable to the City. A Certificate of Insurance listing the City as a named insured must be on file with the City during the duration of this Agreement. SECTION VII Limitation of Liability Contractor does hereby agree to indemnify City, its agents and employees from any and all liability, loss or damage City may suffer as a result of claims , demands, costs or judgments against it arising out of operations to be carried out pursuant - 3 - to the terms of this Agreement. Contractor does additionally agree to defend City against any claims brought or actions filed against City with respect to the terms contained in this Agree- ment , whether such claims or actions are rightfully or wrongfully brought or filed. In the case that a claim should be brought or an action filed with respect to the subject of this Agreement, Contractor agrees that City may employ attorneys of its own selection to appear and defend the claim or action on behalf of City at the expense of Contractor. City, at its option, shall have the sole authority for the direction of the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against City. Contractor does further agree to reimburse City for any necessary expenses , attorney fees, or costs incurred in the enforcement of any part of this Agreement. The indemnification provisions as set forth in this section shall not apply, however, to tows and other operations which are illegally ordered and directed by the City. SECTION VIII Termination This Agreement, and the relationship created hereby, may be terminated by either party upon thirty ( 30) days written notice of same to the other party. SECTION IX Unauthorized Use of Information Officers and employees of Contractor, shall not, at any time, -divulge to any unauthorized person information obtained - 4 - during performance under this Agreement. SECTIONX Independent Contractor The Contractor is an independent Contractor and is responsible for the collection and payment of worker' s compensa- tion, unemployment tax, Federal and State withholding tax, and the like, for its own employees. SECTION XI Entire Agreement This instrument contains the entire agreement between the parties and no statement, promises or inducements made by any party or agent of any party that is not contained in this written Agreement shall be valid or binding; and this agreement may not be enlarged, modified, or altered except in writing signed by all the parties. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF FARMINGTON By: Phyllis Kelly, Mayor By: Larry Thompson City Administrator BY: 0-ao / kei,ced> seph"F. Marek, d/b/a Marek' s Towing and Repair - 5 - PROPOSED RATES Hauling Towing per loaded Winch Base mile Dollyhour Towing/Hauling 1 . Vehicles less than 1- 42 .00 2.00 per 25.00 10.00 ton, includes cars, loaded motorcycles, snow- mile over mobiles, boats , boat 13 miles. trailers, mini-homes* 2. Police vehicles 15 .00 3 . Special events/connstruction and/or as needed by police department. 30.00 hr minimum 30.00 Special charges 1 . Service call 25 .00 2. Pull drive shaft or disconnect trans- mission. 5 .00 3 . Unlocking vehicles not available • 4 . Tire change 25 .00 5. Release at sence 20.00 6. Snow shoveling ( snowbird ditch work only) 10.00 per 1/3 hour 7. Car starting 25 .00 8. Disconnect linkage 5 .00 9 . Storage fee 7 . 50 per day including date of tow. * Vehicles towed as a result of being a snowbird, disabled vehicle, or a vehicle towed as a result of a traffic offense will be charged the base rate plus storage charge. Any other charges, i .e. such as dollying, winching, or special charges will have to be approved by the officer at the sence . r AGENDA REQUEST FORM 74(0/NO. 9_1) NAME: Daniel M . Siebenaler (:)k.23 DEPARTMENT: PoliceP0'j2."6 11)" 1 ‘• 1 ' DATE: December 10 , 1991 01021:6-e MEETING DATE: December 16 , 1991Oree.44k01-0 , /� CATEGORY: New Business Ava- , / SUBJECT: Mutual Aid Agreement jr:j2-11-- EXPLANATION: Update in language of the Mutual Aid Agreement REFERENCE MATERIAL/RESPONSIBILITY: See Original and Revised Agreement REFERRED TO: (NAME) DEPARTMENT: Larry Thompson City Administrator Wayne Henneke Finance Director SIGNATURE MEMO TO: Mayor and Council SUBJECT: Mutual Aid Agreement DATE: December 11, 1991 As you know the Farmington Police has had a Mutual Aid Agreement with other Law Enforcement Agencies in Dakota County for many years. The purpose of the agreement is to allow for the exchange of personnel end equipment in time of civil disorder or natural disaster. The original document was a result of the Civil Defense initiative of the 1960's. The Mutual Aid Agreement has been updated periodically to conform with changes in needs and statutory requirements. The most recent of these changes occurred in 1986. At the request of the Dakota County Chiefs of Police, the County Attorney has reviewed the Mutual Aid Agreement and has made recommendations for several changes. These changes can be found by reviewing the "final draft". Items deleted have been crossed off, items added have been underlined. Most of the changes involve clarifying language, however there are two items that are substantive changes. The first allows for the request of Mutual Aid by a "designee". Ln the case of Farmington, this would mean the Sergeant or Senior Patrol in the absence of the Chief of Police. The second change involves the elimination of Section 14 from the agreement. This section dates back to the earliest days of Mutual Aid under Civil Defense. Due to statutory changes this Section is no longer required and is being suggested for removal by the County Attorney. The Mutual Aid Agreement has served as an excellent Law Enforcement tool in Dakota County and has been of significant benefit to Farmington. We are currently involved in two ongoing operations under Mutual Aid Provisions. The Dakota County MAAG (Mutual Aid Assistance Group) and the East Metro Narcotics Task Force. Both of these groups have allowed the Farmington Police Department to provide services we would be unable to afford privately. I would recommend adoption of this Mutual Aid Agreement. If you have any comments or questions, feel free to contact me. �. ' \ , Daniel M. Siebenaler Chief of Police DMS/m FINAL DRAFT AGREEMENT BETWEEN DAKOTA COUNTY AND MUNICIPALITIES FOR JOINT AND COOPERATIVE USE OF POLICE PERSONNEL AND EQUIPMENT The undersigned desire to be prepared to deal adequately with flood, natural disaster, civil disturbance and other exigent situations occurring within their respective borders; and in order to ensure that such preparations are adequate to protect the lives and property of the people of their respective communities it is hereby found to be necessary that the parties hereto agree to furnish assistance to each other in the event of such emergency. This Agreement between Dakota County, Minnesota, a Minnesota municipal corporation, acting by and through the Dakota County Sheriff, ( "the County" ) , and the undersigned municipalities, acting by and through their respective Chiefs of Police, provides that in consideration of the mutual promises and agreements stated herein and pursuant to the provision of Minnesota Statutes Chapter 471.59, the undersigned hereby contract with each other for the joint exercise of their police powers upon the following terms: 1 . Assistance will be requested under this Agreement by the head of the law enforcement agency of any of the parties to this Agreement. "Head of the law enforcement agency" means the County Sheriff or the Chief of Police of any of the cities who are parties to this Agreement or their designee. In the event there occurs within the boundaries of any of the undersigned contracting governmental units, a disaster , or emergency, or other situation which, in the opinion of the head of the law enforcement agency of such jurisdiction (hereinafter the "requesting agency" ) , cannot be adequately dealt with by the requesting agency, the head of the law Page 1 enforcement agency of the requesting agency may, in his discretion, call upon the head of the law enforcement agency of the governmental unit from which assistance is sought (hereinafter the "assisting agency" ) to furnish law enforcement services to the requesting agency and to request for such purpose, personnel, equipment and supplies of the assisting agency. 2. Upon request of the head of law enforcement agency of the requesting agency, the. head of the law enforcement agency of the assisting agency shall, if resources permit, authorize and direct the law enforcement officers or other law enforcement personnel of the assisting agency to go to the assistance of the requesting agency with such equipment and supplies of the municipality as are available. 3 . It is the express understanding of all the parties hereto that the first and foremost priority of the law enforcement forces of all the jurisdictions is to maintain law and order and provide police protection within their respective jurisdictions. It is therefore expressly understood that the assistance contracted for by (�ssiST/►�� this Agreement shall be provided only if the req-blestifg agencies can provide such assistance without unduly jeopardizing the law and order or police protection within their respective jurisdiction. 4 . If at any time while the law enforcement personnel of one party are giving assistance to the law enforcement personnel of the other party it becomes apparent that the law and order and police protection of the assisting agency is jeopardized, such personnel may immediately terminate the giving of such assistance and return to their jurisdiction. Page 2 5. The officers and forces of the assisting agency shall remain under the control of said assisting agency and shall be paid by the assisting agency just as if performing their regular duties within the jurisdiction of the assisting agency. However, such officers shall operate under the tactical direction of the head of the law enforcement agency, or his designee, of the requesting agency for purposes of the emergency, investigation or other circumstance giving rise- to request for assistance under this Agreement. 6. The senior law enforcement officer, then on duty of the requesting agency will designate which radio channel will be used by personnel during the period in which assistance is provided. 7 . It is expressly understood and agreed that the law enforcement officers who respond to a request for assistance by the law enforcement officer of the other party shall follow the orders and commands of the senior law enforcement officer then on duty of the requesting agency during the time such assistance is being given. 8. The Joint Exercise of Powers Act entitles officers to the same authority they have in their own jurisdiction when assisting another agency under the authority of this Agreement. The senior law enforcement officer on duty with the requesting agency may assign personnel from the assisting agency to any appropriate duties, including, but not limited to, effecting arrest, transporting prisoners, processing prisoners, and staffing temporary detention facilities. Page 3 9 . The assisting agency shall be responsible for its own personnel, equipment and supplies and the requesting agency shall not be held liable for any injuries to personnel or damage to equipment of said assisting agency, nor shall the requesting agency be required to reimburse the assisting agency for supplies used, except that the unused equipment and supplies shall be returned to the assisting agency upon the termination of the emergency assistance provided hereunder. 10. The requesting agency shall not be responsible for any injuries, losses or damages to persons or equipment/supplies due to the acts of the personnel.; equipment or supplies employees or agents of said the assisting agency, nor shall said the assisting agency be responsible for any injuries, losses or damages to persons or equipment/supplies due to the acts of the employees or agents of the requesting agency. 11 . In case weather, road conditions or other circumstances are such that in the discretion of the authority of the assisting agency, equipment, personnel and supplies cannot be furnished to the requesting agency with reasonable safety, the head of the law enforcement agency of the assisting agency may refuse to authorize and direct assistance to the requesting agency. Such determination of the head of law enforcement agency of the assisting agency as to what assistance shall be furnished and whether assistance shall be withheld or withdrawn as provided herein, shall be final and conclusive. 12 . It is expressly understood that none of the parties hereto shall be in any way liable for any claim based upon a failure for any reason of a law enforcement officer of one jurisdiction to Page 4 provide assistance when requested by a law enforcement officer of another jurisdiction while providing services under this Agreement. 13 . This agreement is expressly intended to authorize requests for assistance only in emergency the situations outlined herein and nothing herein shall be construed as authorizing requests by one party of the other party for ongoing patrols and other routine activities not associated with services provided hereunder. i#- This agreement shall be effective only during periods of time when a civil Defense Emergency is not in effect and in the event such Civil Defense Emergency is declared pursuant to ordinance; or State or Federal law; this Agreement shall immediately cease to be effective until such time as the declared Civil Defense Emergency is ended. 15.14 . This Agreement shall: a . be effective ten (10) days after its approval and execution by the County, one or more governmental units in Dakota County and any additional governmental units in Dakota County may join thereafter by executing a copy of this agreement and mailing a copy of the same to each of the governmental units which previously signed; b. be for a term ending on December 31 of the year of execution; and c. continue in effect for continuing one year terms thereafter until and unless cancelled by any governmental unit upon written notice to all other governmental units; provided that such cancellation shall (be) only apply to the cancelling governmental units. Page 5 d. This Agreement may be cancelled by any municipality by giving a written notice to the other parties addressed to their authority 60 days in advance of the date of intended discontinuance or termination. Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date By Michael E. Turner, Chairman Approved as to execution: Board of Commissioners Date of Signature Assistant County Attorney/Date Attest Approved by Dakota County Board Norma Marsh, Auditor Resolution No. Date of Signature Rod Boyd Dakota County Sheriff Date of Signature APPROVED AS TO FORM CITY OF APPLE VALLEY, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF BURNSVILLE, MINNESOTA City Attorney Mayor Clerk Chief of Police Page 7 APPROVED AS TO FORM CITY OF EAGAN, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF FARMINGTON, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF HASTINGS, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF INVER GROVE HEIGHTS, MINNESOTA City Attorney Mayor Clerk Chief of Police Page 8 APPROVED AS TO FORM CITY OF LAKEVILLE, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF MENDOTA HEIGHTS, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF ROSEMOUNT, MINNESOTA City Attorney Mayor Clerk Chief of Police APPROVED AS TO FORM CITY OF SOUTH ST. PAUL, MINNESOTA City Attorney Mayor Clerk Chief of Police Page 9 APPROVED AS TO FORM CITY OF WEST ST. PAUL, MINNESOTA City Attorney Mayor Clerk Chief of Police Page 10 C/K-91-233 AGENDA REQUEST FORM ITEM N0. NAME: Karen Finstuen DEPARTMENT: Administration P moo am-- DATE: December 9, 1991 MEETING DATE: December 16, 1991 CATEGORY: Miscellaneous SUBJECT: Vacancies - Boards and Commissions - 1992 EXPLANATION: See memo. REFERENCE MATERIAL/RESPONSIBILITY: List/Memo - Karen Finstuen REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads SIGNATURE MEMO TO: MAYOR AND COUNCIL SUBJECT: APPOINTMENTS TO BOARDS AND COMMISSIONS - 1992 DATE: DECEMBER 10, 1991 Attached is a list of the various appointments that will need to be made prior to February 1, 1992. As in the past, I am providing this list early so that we may do an article in the newsletter and publish an article in the newspaper if you wish. I also need feedback from you on reappointments. Do you want attendance records formulated? I look forward to your direction. Karen Finstuen Administrative Assistant cc: file KF/mh BOARDS/COMMISSIONS VACANCIES CATV ADVISORY COMMISSION Donald Sponheim HOUSING AND REDEVELOPMENT AUTHORITY Dr. James Harms HUMAN RIGHTS COMMISSION Ken Hanson, Jr. Carol Boyd PARKS AND RECREATION ADVISORY COMMISSION Anthony Kilpela Craig Schlawin Bill Vetscher PLANNING COMMISSION Ken Hanson, Jr. Dirk Rotty Cheryl Thelen REFORESTATION ADVISORY COMMISSION Gary Cameron - Parks and Recreation Advisory Commission Ken Hanson, Jr. - Planning Commission SENIOR CENTER ADVISORY COUNCIL Winnie Duff Kay Inouye WATER BOARD Robert Shirley r AGENDA REQUEST FORM ITEM NO. 774 c3Q1-�- Pe .Nom: Larry Thompson y 1��-t - DC DEPARTMENT: Administration W Qc 8•.. - 1- 1_ _- 144-, -, DATE: December 3, 1991 MEETING DATE: December 16, 1991 cdC lAdLt ,�J YL R� CATEGORY: Miscellaneous Q G SUBJECT: Fall Survey Response/Tabulation EXPLANATION: Self Explanatory REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads SI a aTURE CURVE? fV ...a . r er :o "eCt2r lnuerstana _ n : rc t. .. : n[' .i: :, the ..uuncli is conducting -:e__..s of -Jur':eys reiati- :o _.:sues "_ease compiece this survey dna :etur^ with your utility bill. The results will e published in the Farmington Independent and :he City newsletter. 1) How long have you lived in Farmington? ow-4, 0-10 years 14110 10-20 years 20+ years 451dWIAL -w 2) Thinking back to when you moved to Farmington, what factor was most important to you in selecting this location? (check one.' 4'n Location Q Schools 11 1 Rural/Small Town 74? Housings Job Family 41 Don't Know 4 Other gaga -, e440-6$ 3) What do you presently like most about living in Farmington? G,„taa.. dt & - PLEASE COMPLETE OTHER SIDE - 4) What do you like least about living in Farmington? v5e-e- air&aircid, 5) How do you feel about the City's enforcement of such nuisances as: Too Tough About Right Not Tough Enough Don't Know 43461444 Animal Control /0 14$ 560 /42 Junked Cars 1/9 Noise A 37 l4* Messy Yards aL Other 6) Some surrounding communities have approved residential development with lots of 2} to 10 acres located outside of the City's sewer and water service area. Would you favor similar developments in some of the rural areas of Farmington? 75 yes 421 , no 90 don't know (Blue) LIKE MOST ABOUT FARMINGTON 1. Small Town - 116 2. Quiet - 34 3. Location - 16 4. Close to Cities - 22 5. Schools - 18 6. Friendly People - 17 7. Close to Job - 4 8. Low Taxes - 4 9. Housing - 3 10. High Quality of City Services - 3 11. Far from Airport - 3 12. Efficient Police Force - 2 13. Nothing - 6 14. Reasonable Government - 1 15. Children have more Freedom - 1 16. You Can Snowmobile - 1 17. Feel Safe - 2 18. Privacy - 1 19. Everything - 1 20. Low Crime - 1 21. Close to Family - 1 22. City Works to Improve Things - 1 23. Blank - 45 LIKE LEAST ABOUT FARMINGTON 1. Taxes - 27 2. No Retail/Industry - 25 3. Incresed Utility Bill - 14 4. Proposed Airport .- 16 5. Proposed incinerator - 8 6. Snowplowing - 6 7. Growth - 8 8. Limited Resources for Park & Rec Programs - 4 9. Akin Road Speed Limit - 5 10. Smell of Farms - 5 11. Limited Garbage - 4 12. Distance - 4 13. City Services - 4 14. Animal Control - 4 15. Rusty Water - 3 16. Proposed Water Meters - 2 17. Lack of Water Meters - 2 18. Turning Down Compost Facility - 2 19. Schools - 2 20. City's Waste of Public Funds - 2 21. Sprinkling Ban Not Enforced - 3 22. Compost Site - 3 23. In Town Parking - 1 24. No Sewer in Pine Knoll - 2 25. County Road 64 26. Junky Vacant Lots - 2 27. Nothing - 7 28. Blank - 24 CITY SURVEY s :n order 7.o tetter unaerstand '__:_:en :;erceoticn or the Citi;, the Council is conducting t a series or ;urvevs relating _ssues iacin'a r ne t ;.t';. ?lease complete this survey and return with your utility bill. =he f2suits will be published in the Farmington Independent and the City newsletter. 1) How long have you lived in Farmington? //6 0-10 years 5‘, 10-20 years /15 20+ years a- Bkgy1 k_ 2) Thinking back to when you moved to Farmington, what factor was most important to you in selecting this location? (check ones 55 Location l6 schools ?© Rural/Small Town 3 Housing A :ob L/3 Family Don't Know /4).. Other • -rn ( L 3) What do you presently like most about living in Farmington? See CCHaCIn HCl - PLEASE COMPLETE OTHER SIDE - 4) What do you like least about living in Farmington? SQ eet-Ate/mei 5) How do you feel about the City's enforcement of such nuisances as: Too Tough _ About Right . Not Tough Enough Don't Know 81a4k Animal Control • l AL5r. 13(0 37 aalip Junked Cars 4 170 qs 55 Noise __I___ 4010 7.a., (3 Messy Yards / 19b 12! 47 2141 Other 6) Some surrounding communities have approved residential development with lots of 2} to 10 acres located outside of the City's sewer and water service area. Would you favor similar developments in some of the rural areas of Farmington? 115 yes Stil no /.3 don't know • 7 tJ (Buff) LIKE MOST ABOUT FARMINGTON 4 1. Small Town - 107 2. Location - 27 3. Close to City - 20 4. Friendly - 51 5. Quiet - 20 6. Parks - 8 7. Schools - 5 8. Safety - 4 9. Close to Job - 5 10. Sense of Belonging - 3 11. Good City Services - 3 12. Holiday Decorations - 2 13. Family - 1 14. Tree Plantings - 1 15. Clean Up Day - 1 16. Distance from Airport - 1 17. No Water Meters - 3 18. Hospital - 1 19. Everything - 3 20. Nothing - 5 21. Blank - 42 LIKE LEAST ABOUT FARMINGTON 1. No Retail/Industry - 71 2. Taxes - 30 3. Cost of Utilities - 15 4. No Bus Service - 5 5. Proposed Airport - 7 6. Water Problems - 6 7. Trains - 4 8. Growing too Fast - 4 9. Schools - 3 10. Location - 3 11. Parking Ordinance - 3 12. Snow Removal - 3 13. Animal Control - 3 14. Fair Parking Ban - 3 15. Government Spending - 4 16. City Services - 4 17. Assessment Policy - 2 18. Distance to Work - 2 19. People - 1 20. Too Many City Staff - 2 21. Pool Closes too Soon - 1 22. Weight Based Garbage - 1 23. Failure to Enforce Watering Ban - 1 24. Noise - 1 25. No Water/Sewer Meters - 1 26. Paying for Township Services - 1 27. Ash Street RR Tracks - 1 28. Nothing - 7 29. Blank - 70