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HomeMy WebLinkAbout04.16.90 Council Packet AGENDA COUNCIL MEETING REGULAR APRIL 16, 1990 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. April 2, 1990 Regular Meeting 4. CITIZENS C0MMENTS 5. PUBLIC HEARINGS a. 7:00 P.M. - Annual Board of Equalization/Review b. 7: 15 P.M. - Massage License Application 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Clean Up Day - Request from Empire Township 7. ORDINANCES AND RESOLUTIONS a. Cooperation with School District 8. UNFINISHED BUSINESS a. Celebrate Minnesota 1990 - Project Update b. Celebrate Minnesota 1990 - Railroad Agreement c. Celebrate Minnesota 1990 - Lease Centel Garage d. Resolution Setting Fees for Park Dedication e. Feasibility Study - Dakota County Estates 6th Addition f. Project No. 89-1 - Storm Sewer Trunk g. Rod Hahn Veteran Action h. Centel Building 9. NEW BUSINESS a. Personnel - Public Works Department 10. MISCELLANEOUS a. Request to Set Speed Limit in Alley of Faith Church 11. CONSENT AGENDA a. Approve Capital Outlay Request b. Tree Give Away Program c. Approve Request to Attend Workshop - Administration d. Approve HAZMAT Joint Powers Agreement e. Approve Purchase Agreement - CMC Properties f. Hiring of Part Time Help - Liquor Store g. Approve Payment of the Bills 12. ADJOURN AGENDA REQUEST FORM ITEM NO. ////71 NAME: Larry Thompson DEPARTMENT: Administration DATE: April 9, 1990 MEETING DATE: April 16, 1990 CATEGORY: Ordinances and Resolutions SUBJECT: Cooperation with School District EXPLANATION: Per previous Council discussion REFERENCE MATERIAL/RESPONSIBILITY: Letter from School Superintendent REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads SIGNA'� Farmington Independent School District 192 • • • Schools with People who Care 510 WALNUT STREET • FARMINGTON,MINNESOTA 55024 • (612)463-7193 February 9, 1990 FEB 1 2 1990 Board of Education KLAARTJE STEGMAIER Mr. Larry Thompson, City Administrator Chairperson City of Farmington KIMBERLY HARMS 325 Oak Street Vice-Chairperson Farmington, MN 55024 WARREN SIFFERATH Clerk ROBERT SHIRLEY Dear Larry: Treasurer ROBERT BROWNAWELL Attached to this letter is rough draft of a statement Trustee that I thought our respective Boards might wish to react PATRICK RUPP to in the near future. Trustee Administration Please look it over and let me know what you think of it LEO A. RUBERTO before we put it on our respective Board agendas. I Superintendent tried to not get too fancy with it since I think we need THOMAS ROLLOFF to move cautiously in the early phases of our cooperation High School Principal in order to continue to build momentum toward our final GARY WEIS goal . Asst. High School Principal DONALD MEYERS Please advise me as soon as possible what you think our Middle School Principal next step should be in this process. DOUGLAS HENKE Elementary Principal Sincerely, JONATHANREID Elementary Principal rincipal MARGARET McKERNAN Leo A. Ruberto, Ph.D. Asst. Elementary Principal Superintendent of Schools MITZI HAMMAN Special Services Director LAR/nb JOAN KAHL Business Manager enclosure DARLENE BELL Community Education Director MIKE SCHWANKE Dir.of Buildings&Grounds LORIE HODGES Director of Food Service "AN EQUAL OPPORTUNITY EMPLOYER" } WHEREAS the City of Farmington and Independent School District #192 share many common needs and provide some services in parallel for the citizens of our community, it is important for both governmental entities to explore potential areas of cooperation. In order to initiate this process, a joint meeting took place between employees and officials of the City of Farmington and elected representatives and employees of Independent School District #192 . As a result of that initial dialogue, further efforts to coordinate our activities, specifically in the areas of recreational facilities, their use, maintenance, and development, will continue in the upcoming months. Specific discussions will take place regarding the proposed nature area for the City and summer activities. Both governmental entities will seek additional information from the citizens including input from the current community-wide task force. FUTURE meetings between the governmental entities will be scheduled to increase and continue the initial dialogue that has taken place to date. WE, THE GOVERNING BOARD of Independent School District #192 and the City Council of the City of Farmington, do hereby affirm these initial efforts and encourage their continuation and development in the future. 2/90 t ; AGENDA REQUEST FORM ITEM NO. NAME: Daniel M. Siebenaler DEPARTMENT: Police P'2444 - DATE: April 10 , 1990 MEETING DATE: April 16 , 1990 CATEGORY: Old Business SUBJECT: Centel Building EXPLANATION: Update of information on renovation and purchase of Centel Building. REFERENCE MATERIAL/RESPONSIBILITY: See memo REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administrator Department Heads SIGNA '± MEMO TO: Mayor and Council SUBJECT: Centel Building DATE : April 11 , 1990 I have been asked to do a preliminary report on the cost of purchase and renovation of the Centel Building adjacent to City Hall. With the assistance of other City Staff, I have compiled the following information. Purchase Price $140 ,000.00 oeayf:4400. Windows $ 5 ,992.00? Concrete Work 5 ,000.00 &, r. .., 3100 ? Plumbing & Heating 13,280.00 Carpentry Work 9 ,000.00 Carpeting 4 ,300.00 Suspended Ceiling 2 ,995.00 -;:. Moveable Walls 1 ,890.00 Painting-Interior 2 ,925 .00 Electrical 5 ,555.00 Painting-Exterior 200.00 Curbs , Awnings, Landscaping 3 ,905 .00 Total $55 ,042.00 If the School District chooses to participate in occupying the building, they may require an outdoor play area for their pre school program. If this is the case , the grass area at the northeast corner of City Hall would be upgraded for this purpose. Playground Costs Fence, 128 ' $ 576.00 Curb, 128 ' 576.00 Landscaping 338.00 Playground Equipment 3 ,200.00 Bury Power Lines 4 ,000.00 Total $ 8, 690.00 The total estimated price of purchase and renovation of the Centel Building would be $195 ,042.00. It should be noted this is an estimated figure and not a firm bid price. Such a price would require professional plans and specifications with bid quotations from contractors. I do feel these estimates reflect a fairly accurate picture of final costs. 21 rev 4 ocD c) @ I gs; 60© /, 5-00 i ova 4 0 . 27$ /i#. Mayor and Council April 11 , 1990 Page 2 At this point, the Railroad has expressed interest in leasing one stall of the garage. The Farmington School District has formed a committee to review the City proposal but as of this date we have no firm information on their position. In calculating the debt service on $195 ,000 over 15 years , the annual payment would be approximately $22 ,000. This space could be leased at approximately the following annual rates. 3000' Office Space $ 6 .00 sq. ft. 3 Stalls - Garage 500.00 per stall Basement 3 ,000.00 I am requesting City Council discussion and direction regarding the Centel property. If you have any questions , feel free to contact me at your con- venience. Daniel M. Siebenaler Chief of Police mw cc : Larry Thompson Jerry Henricks Department Heads • AGENDA REQUEST FORM • pi, ITEM NO. NAME: li2J Tom Kaldunski r° Sb DEPARTMENT: Public Works C" n/Vs, /0,0417 / DATE: April 2, 1990 / /� i) MEETING DATE: April 16, 1990 CATEGORY: Miscellaneous SUBJECT: Request to Set Speed Limit in Alley EXPLANATION: Faith Church is requesting a speed limit in the alley next to their church REFERENCE MATERIAL/RESPONSIBILITY: Letter of Request - Buzz Ehlers REFERRED TO: (NAME) DEPARTMENT: IL/0"V/ealet,A SIGNATURE J U N I T E o ` m 9aitI tt,nite SNEdI d1st efiLl2aI 710 8th Street I FARMINGTON, MINNESOTA 55024 0 0 N CHURCH Church Office 460-6110 DAVID BURGESS,Pastor Home 460-6414 NANCY SMITH,Youth-Education Director April 2 , 1990 City of Farmington, City Council 325 Oak Street Farmington, Minn. 55024 Attn: Tom Kaldunski , City Engineer Dear Mr. Kaldunski : Re: Your conversation with me on the restrictions for the alley north of our church located on 8th Street. We are applying for a restriction of the speed limit in the alley not to exceed 10 miles per hour and also we would like lines to designate where the alley is in accordance with the Church. In the past we have had cars parked for long periods of time and on Sunday Mornings they are in the way. We also feel by limiting the speed through the alley it will make it safer for all of us . Sincerely yours, &te Or Buzz Ehl rs , Chairman Trustee Committee r AGENDA REQUEST FORM ITEM NO. ifi —) NAME: Tom Kaldunski 4viefr DEPARTMENT: Public Works DATE: April 4, 1990 MEETING DATE: April 16, 1990 CATEGORY: Consent Agenda SUBJECT: Tree Give Away EXPLANATION: The City has approximately 20 soft maple trees at the old water treatment plant site. I want to run the Tree Give Away program in April as we have done in the past. It is necessary to have the remaining trees removed prior to replanting the site with new seedlings. REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Jerry Bauer Public Works Tom Kaldunski Public Works 7-;40-4,44/40/11 SIGNATURE A% AGENDA REQUEST FORM ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration 40--.2A1.1)-cl° 214kvi DATE: March 28, 1990 MEETING DATE: April 16, 1990 -r.Q;,, r" 4v-e-- CATEGORY: Consent Agenda SUBJECT: Approve HAZMAT Joint Powers Agreement EXPLANATION: Form Dakota County HAZMAT response team to comply with provision of OSHA SARA Title 3 REFERENCE MATERIAL/RESPONSIBILITY: Memo/Agreement - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Ken Kuchera Fire Wayne Henneke Finance Dan Siebenaler Fire ,CSS-� s/v1 8 .a . 09..ers.4„„"il le) • _ r� , �� � � r amp., �. -a U aCLASc.`--\-Va_ -0 t , • 614— W {1' `. (AJC. c)..41‘, - c.6 / ► �!y,, __ cur. 3- A-- _(.4-4:V_(.4-4:V w 4 . LA-eish, atteiw-4,..7P CO. 6-14 -A-Ije.- Ceda:„.t., ek.42)(4-;-3. 5 17144A- 55033 (64.)- ) 1 1,0 4-- ,,(Alr,le/N-.' c..5 1-re-tt•-4 s-6-A 6_ 11 . ez,„„,,,,,,„,JbL. iv&J-1,-- itithiv-L,Aiddl' ' , • . / ari.2,-,-4-4-Ls".C..,„! eLeriL • _ - _te._ij, it1 I , , ` pl I0 -6. U -L.._ , L ', ' ;S 1 .„4------ (-k- :46J2.- 1 L 'i-A.- r _,.. , /".. i, ,,______ l i w i a it , ' ra-Z1/4k-4;"(N" s2,_ } } ,..___r_ ,. f ' 1//f i ; 1 , • MEMO TO: MAYOR AND COUNCIL SUBJECT: HAZMAT - JOINT POWERS AGREEMENT DATE: APRIL 12, 1990 OSHA SARA Title III requires that cities provide emergency response units for hazardous waste spills. While the City has complied with the emergency pre- paredness and passive response requirements, it is not able to comply with the highest level of response because of the extensive training and equipment require- ments. Because all Dakota County cities face the same problem, the fire chiefs pursued the following avenues. 1. Contract with a department which has the ability to comply. The only department willing to offer the service was St. Paul. However, the chiefs were unable to come up an acceptable agreement. 2. Request that the State provide the service. Farmington, along with other cities, has requested the Legislature establish and fund regional response teams (see attached) . While a number of Bills have been introduced, it is uncertain if any will become law. 3. Provide the service under a Joint Powers Agreement. I have enclosed a copy of a proposed Joint Powers Agreement. The service would be provided in a manner similar to the ALF Ambulance Joint Powers Agreement. Farmington would be required to contribute $1,607 (which is calculated on a per capita basis) plus make fire personnel available. Under the present circumstances I feel #3 is the only viable option for the City. SARA Title III is typical of recent Federal and State legislation for which compliance requires cities to incur costs, yet provides no assistance. I would therefore recommend that the agreement be approved. The funding has been provided in the 1990 Budget. Larry Thompson City Administrator cc: Wayne Henneke Ken Kuchera Dan Siebenaler file • MEMO TO: LARRY THOMPSON SUBJECT: JOINT POWERS AGREEMENT - SOUTH METRO HAZARDOUS MATERIAL RESPONSE TEAM DATE: MARCH 27, 1990 Per our discussion on March 21st, I have attached the final draft of the Joint Powers Agreement for the South Metro Hazardous Material Response Team. Please review this agreement at your earliest convenience and submit it for Council approval on the appropriate date. Cin kt 6Ken Kuchera 4AP Fire Chief cc: FFD Board of Directors • FIRE CHIEFS' - MINNESOTA Apple Valley,Burnsville,Cannon Falls,Dakota County Emergency Preparedness,Eagan.Farmington,Hampton,Hastings,Inver Grove 9SHeights, Koch Refining, Lakeville, Mendota Heights, Miesville, Northfield, Randolph, Rosemount. So. St. Paul, West St. Paul SOCIAl TO : Dakota County City Administrators/Managers FROM: Scott Aker , President Dakota County Fire Chief ' s Association DATE: March 19 , 1990 RE: Joint Powers Agreement for the South Metro Hazardous Material Response Team Attached for your review is the final draft of the South Metro Hazardous Materials Response Team Joint Powers Agreement . Several city attorneys and the county attorney have worked out acceptable language for the agreement . There was a special meeting of the Dakota County Fire Chiefs held on March 15 , 1990 . A few minor changes were suggested . The changes were made to make sections more clear and avoid any fni.sinterpretation on anyone ' s part . The Fire Chiefs unanimously approved acceptance of this draft with the few mentioned changes . The Chief ' s association feels that this agreement is very workable and will do much to provide the fire departments with the necessary resources to protect the citizens of Dakota County. The Chief ' s association also endorsed forwarding this agreement to the City Administrators/Managers of each proposed initial member city. The Chief ' s association would look to you to review the document and forward it to your respective city councils for adoption and implementation . Thank you for your consideration in this matter . • JOINT POWERS AGREEMENT ESTABLISHING A BOARD OF DIRECTORS TO ORGANIZE AND GOVERN THE SOUTH METRO HAZARDOUS MATERIALS RESPONSE TEAM The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute 471.59. 1. General Purpose. The purpose of this Joint Powers Agreement is to establish a Board of Directors to organize, govern, train, equip, and maintain a South Metro Hazardous Material Response Team in order to mitigate the effects of a hazardous materials incident which is beyond the resources of any member governmental unit, and/or which, in the reasonable judgement of the Incident Commander poses a threat to life and property. 2 . Definitions. 2. 1 "Additional Member" A signatory of this Joint Powers Agreement who is not an Initial Member, having joined after the first year of its existence. 2 .2 . "Board" The Board of Directors established by this Agreement. 2. 3 . "Director" A member of the Board of Directors. 2 .4. "Hazardous Materials" Are toxic subtances which could cause serious health effects, as defined pursuant to 40 C. F. R. part 302. 2.5. "Hazardous Materials Incident" A situation that has developed involving the accidental release of a hazardous material which is beyond the resources of any Member Governmental Unit. 2 . 6. "Hazardous Materials Response Team" or "Response Team" A group of firefighters already employed by a Member Governmental Unit and who are designated by the Board of Directors and who have the training and equipment necessary to respond to and control a Hazardous Materials Incident. 2.7. "Incident Commander" The individual of a Member Governmental Unit responsible for decisions associated with the response operation of any incident. 2 . 8 "Initial Member" An original signatory of this Joint Powers Agreement as identified in Section 3 . 1. 2.9. "Member" Any city, township, or county which is a signatory to this Agreement. 1 • • 3 . Membership. 3. 1. The initial Members shall be: Apple Valley Hampton Miesville Burnsville Hastings Randolph Dakota County * Inver Grove Hgts Rosemount Eagan Lakeville South St. Paul Farmington Mendota Heights West St. Paul * Dakota County as representive of the unincorporated areas which are not otherwise members including the cities of Coates, New Trier and Vermillion. 3.2 . No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Member listed above to be represented on the Board as long as such Member continues to exist as a separate political subdivision. 4. Board of Directors 4. 1. The Response Team shall be governed by a Board of Directors which, shall consist of one (1) Director appointed by the governing body of each Initial Member listed in section 3 . 1 above. Each Member may designate an alternate for its appointed Director. 4.2 . Directors shall serve without compensation from the Board. This shall not prevent a Member from providing compensation to a Director for serving on the Board. 5. Quorum/ Voting 5. 1. A majority of all of the Directors shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 5.2. There shall be no voting by proxy. Except as otherwise authorized in this Agreement, all votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one (1) vote. 6. Officers 6.1. The officers of the Board shall be a Chair, Vice- Chair and Secretary/Treasurer. 2 6.2 . At its first meeting, the Board shall elect a Chair, a Vice-Chair, and a Secretary/Treasurer who shall serve out the following initial terms of office: Chair to serve through December 31 of the year when first elected and until his/her successor is elected. Vice-Chair to serve through December 31 of the year following election and until his/her successor is elected. Secretary/Treasurer to serve through December 31 of the year, two years after election and until his/her successor is elected. At the first meeting following completion of the initial term(s) and at the completion of every term thereafter, a Director shall be elected to each respective office for a three year term . 6. 3 . A Director shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 7. Meetings. 7. 1. The Board shall meet at least annually on a schedule determined by the Board. 7.2. Meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. 7.3. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 8 . Powers and Duties of the Board. The powers and duties of the Board include, but are not limited to, the following: 8. 1. The Board shall prepare, adopt, and implement a plan to provide response to a Hazardous Material Incident according to the terms and conditions herein. 8. 2. The Board shall establish, train, equip, maintain and govern a South Metro Hazardous Materials Response Team. 8. 3 . The Board shall pay for all training necessary for the Response Team to meet and maintain State and Federal Occupational Safety and Health Administration (OSHA) guidelines. 3 • 8.4 . The Board shall purchase and maintain equipment • necessary for the performance of its duties and the duties of the Response Team. 8.5. The Board may research and make recommendations to • the Members regarding other matters related to the Response Team's purposes. 8.6. The Board may consult with persons knowledgeable in hazardous materials response, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts, and any other persons who can provide pertinent information. 8.7. The Board may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organizations to accomplish the purposes for which it is organized. 8 . 8 . The Board may contract with other political subdivisions to provide the services of the Response Team. The Board may enter into a mutual aid agreement with other similar Hazardous Materials Response Teams of other political subdivisions. 8.9. The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, the Members, the Response Team, and its Property. 8. 10. The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Response Team not currently needed for its operations. 8 . 11. The Board may collect money, subject to the provisions of this Agreement, from its Members and from any other source(s) authorized by law. 8. 12 . The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirments applicable to contracts and purchases of any of the Members. 8. 13. The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to its Members at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8. 14 . The Board's books, reports and records shall be available for and open to inspection by its Members at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13 . 4 8. 15. The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. 8 . 16. The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board shall be contrary to the terms of this Agreement. 9. Response Team Limitation 9. 1 The Response Team shall not provide services to Non-Members except as herein provided in Section 8.8. 10. Additional Members. 10. 1. Other political subdivsions may become a party to this Agreement upon approval of a 2/3 majority of the Board entitled to vote. The new Member shall sign a copy of this Agreement. Existing Members shall not be required to resign. 10.2 . Members joining after the first year of this Agreement shall be Additional Members and shall not be entitled to appoint a Director to the Board but shall have all the other rights and privileges of Membership. 10. 3 . The Board may require Additional Members to pay a fee deemed appropriate by the Board. Said fee shall take into consideration the expenditures of the Board to date to train and equip a Response Team as well as ongoing expenses. The Board may allow this fee to be paid over one or more years. 11. Decontamination Team. 11. 1. Each Member that has a fire department shall train sufficient firefighters to have not less than seven (7) responders available at any given time to function as part of a decontamination team that can assist the Response Team. 12 . Contributions to General Administration. 12. 1. Each Member agrees to contribute each year to a general fund. The annual contribution by each Member shall be determined in accordance with the following formula: Population of Member X Budget Population of All Members 5 • Population shall be determined in accordance with the most current estimate of the Metropolitan Council. Dakota County shall be responsible to fund unincorporated areas in Dakota • County. 12 .2. The initial contribution by each Member shall be as follows: Apple Valley $ 9, 303 Lakeville $ 6,421 Burnsville $14,203 Miesville $ 50 Dakota County $ 5, 000 Mendota Hgts. $ 2,540 Eagan $12,459 Randolph $ 91 Farmington $ 1, 607 Rosemount $ 2,266 Hampton $ 89 South St. Paul $ 5, 679 Hastings $4, 153 West St. Paul $ 5, 198 Inver Grove Hgts $ 6, 179 The initial contribution shall be paid within sixty (60) days after the effective date of this Agreement. Subsequent contributions shall be paid within 60 days. 13 . General Administration. 13 . 1. Contributions to the general fund are to be used for general administration purposes including, but not limited to: purchase of equipment, Response Team training expenses, reimbursement of salaries, supplies, insurance and bonds. The Response Team funds may be expended by the Board in any manner determined by the Board, but the method of disbursement shall agree, as far as practicable, with the method provided by law for the disbursement of funds by the Members. 13 .2. On or before June 1 of each year, the Board shall, by approval of 3/4 of those eligible to vote, adopt a proposed general administrative budget for the ensuing year and decide upon the total amount necessary for the general fund. The Secretary/Treasurer of the Board shall certify the budget on or before June 1 to the clerk of the governing body of each Member, together with a statement of the proportion of the budget to be contributed by each Member. By July 1 of each calendar year, the governing body of each Member shall approve or object to the proposed budget and the Members' financial contribution and give notice of its action to the Board. The budget shall be deemed approved by a Member in the absence of action by August 1. Final action 6 adopting a budget for the ensuing calendar year shall be taken by the Board on or before September 15 of each year. Each Member's contribution shall be paid by November 30 or within sixty (60) days of adoption of the budget, whichever is later. 13. 3 . Any Member which has objected to its financial contribution as stated in the proposed budget may withdraw from this Agreement by filing with the Chair a written notice of intent to withdraw by August 1, of the year preceding the year for which the budget is proposed. The effective date of withdrawal shall be December 31st of the proposed budget year. Any Member formally withdrawing is still obligated to pay its contribution according to the terms of this Agreement for the proposed budget year but shall have no further liability or obligation to the Members except as to actions, events or responsibilities arising or occurring before the effective date of withdrawal. Any Member withdrawing under this provision shall not be entitled to any refund from the Board._ 14. Duration. 14 . 1. Notwithstanding Section 13 .3, each Member agrees to be bound by the terms of this Agreement until December 31, 1995. 15. Termination 15. 1. This Agreement may be terminated prior to December 31, 1995 by the written agreement of 2/3 of the Members. Any Member may petition the Board to terminate this Agreement. Upon 30 day's notice in writing to the clerk of the governing body of each Member, the Board shall hold a hearing and upon a 2/3 vote of all Directors eligible to vote, the Board may by resolution recommend that the Agreement be terminated. The resolution shall be submitted to the governing body of each Member and if ratified by 2/3 of the governing bodies of all Members within sixty (60) days, the Board shall terminate the Agreement, allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Board or Response Team. 15. 3 Upon dissolution of the The South Metro Hazardous Materials Response Team, all property purchased or owned pursuant to this Agreement shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the current Members. Such distribution of assets shall be made in proportion to the total contributions by the respective Members over the entire duration of this Agreement. The Board shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs, but for no other purpose. 7 16 Default. 16. 1. Upon the failure of any Member to contribute its financial obligation in a timely manner, or to fulfill any of its other material obligations under this Agreement the Board may expel a Member upon 2/3 vote. If an Initial Member is expelled for any reason and later desires to rejoin, such Member will be considered an Additional Member and will not be entitled to appoint a Director. 17. Effective Date. 17. 1. This Agreement shall be in full force and effect when all Initial Members, (identified in section 3.1 of this Agreement) , sign this Agreement. All Members need not sign the same copy. The signed Agreement along with a certified copy of the resolution authorizing the Agreement, shall be filed with the City Manager of the City of Burnsville, who shall notify all Members in writing of its effective date and set a date and place for the Board's first meeting. Prior to the effective date of this Agreement, any signatory may rescind its approval. 18. Amendments. 18.1. Any Member may petition the Board or the Board on its own inititive may recommend changes in this Agreement to its Members. An Amendment to this Agreement shall become effective upon written agreement of 2/3 of the Members. 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 471.59 8 Y Approved as to form: COUNTY OF DAKOTA Assistant County Attorney Date By Joseph A Harris, Chariman Board of Commissioners Date of Signature Attest Norma Marsh, Auditor Date of Signature APPROVED AS TO FORM CITY OF APPLE VALLEY, MN City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF BURNSVILLE, MINNESOTA City Attorney Mayor Manager APPROVED AS TO FORM CITY OF EAGAN, MINNESOTA City Attorney _ Mayor Clerk 9 u • { APPROVED AS TO FORM CITY OF FARMINGTON, MINNESOTA City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF HAMPTON, MINNESOTA City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF HASTINGS, MINNESOTA City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF INVER GROVE HEIGHTS, MN City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF LAKEVILLE, MINNESOTA City Attorney Mayor Clerk 10 AGENDA REQUEST FORM ITEM NO. le..) NAME: Larry Thompson DEPARTMENT: Administration DATE: April 10, 1990 MEETING DATE: April 16, 1990 CATEGORY: Consent Agenda SUBJECT: Approve Purchase Agreement - CMC Properties EXPLANATION: Per Council directive REFERENCE MATERIAL/RESPONSIBILITY: Update/Recommendation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Tom Kaldunski Public Works Wayne Henneke Finance Jerry Henricks EDC/HRA Karen Finstuen Administration SIGNATU MEMO TO: MAYOR AND COUNCIL SUBJECT: CMC PROPERTY - PROJECT 89-1 DATE: APRIL 12, 1990 Last meeting, the City Council authorized staff to submit an offer to purchase two parcels from CMC for the Storm Sewer Project (89-1) . An offer was prepared and submitted at a cost of $10,000. Staff has continued to discuss the contamination problem north of the Zimmer Tanks with the MPCA. As you may recall, it was indicated that MPCA staff had indicated that while the City may be required_.to: clean up the site, it would be reimbursed 100% for the costs. MPCA now apparently has reversed itself because: 1. The City is aware of the pollution because of borings; and 2. The contamination occurred off site. The decision apparently does not affect the property by Schmidtke Oil because borings taken before the property was purchased did not indicate any pollution. Dave Grannis and I will meet with MPCA staff on Thursday, April 12, 1990 to clarify the following: 1. What is the City's potential liability if the known contaminated property is purchased? 2. If there is a likely liability, would the acquisition of an easement in lieu of ownership lessen the liability (MPCA staff still contends the City would not be liable if only an easement is required.) 3. What reimbursements can the City expect? 4. What liability does the "west" property present? It should be noted that the MPCA staff still maintains that the City will be reimbursed for the Hardee's area site. I have discussed this matter with CMC and they indicated that they would grant an easement to the City through the "east" property and sell the City the "west" property for $10,000. In light of the fact that the easement would virtually destroy any use of the "east" property, I feel the City is still getting a good price. I will forward my recommendation after I have received a response from the MPCA. Larryy Thompson P City Administrator cc: Jerry Henricks Tom Kaldunski Wayne Henneke file V / i /V89°20'39"F ' _ -42.49 - •\ _. — --G�_/9-- _o.k. 5o.9c,- 1/ f1 1 y. rp rt) h Z r \ I 1 ° �, ti i /;;.DIr /I � f0 I LJ 0�1 \ :N31r) lb il , NI .( 0 / ./ P' (;) 0I32 IIA !�.. , k3 ,), ALLEY II m 'S rilik.' / 0 a / / n727 `''°—- 4/ ° 0. � 1 . , ,,, 1 zJ �►141,' It. :0 , , „ , . 4 Ar? ; 4. it. r.,N, k.*4 -1 / I I' 4...i 11 ni k. ,,, , /„, , , ,, . ,wv/ , , , N. 10Vtt ' ( * pkt0 ct / S' **40: • il3 SO # 1 S° NVAII • • IlV'll /\ I/ ;y JALNUT !; il I, i1 4 i 1 • •'PK