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HomeMy WebLinkAbout05.06.85 Council Packet AGENDA COUNCIL MEETING REGULAR MAY 6, 1985 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. April 15, 1985 b. April 22, 1985 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Proclamation Designating National Hospital and Nursing Home Week. 7. ORDINANCES AND RESOLUTIONS a. Approve Ordinance Assigning Responsibility of Sidewalk Maintenance 8. UNFINISHED BUSINESS a. Classify Tax Forfeited Property b. Consider Ambulance Service Joint Powers Agreement 9. NEW BUSINESS a. Personnel Policy - Catastrophic Illness b. Personnel Policy - Expense Cap c. Authorize Purchase of Senior Center d. Accept Donation from Senior Advisory Committee e. Condemnation of Residence/Health Hazard 10. MISCELLANEOUS a. Set Town Meeting to Discuss Surface Water Study 11. CONSENT AGENDA a. Approve Purchase of New Squad Car b. Approve Installation and Moving of Antenna c. Approve Request to Attend School - Police Department d. Approve Capital Outlay Request - Emergency Fire Bar and Alarm e. Approve Payment of the Bills. 12. ADJOURN 13. ADD ONS a. Adopt Resolution - Regarding Cuts in LCMR Grant Funding b. Position Description - General Services c. Advertise for Position - General Services d. Developers Agreement Extension - Whispering River e. Set Public Hearing - Street Vacation THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: AGENDA ITEMS DATE: MAY 3, 1985 6a. Copy enclosed. 7a. Memo from Administrator enclosed. 8a. This item was inadvertently placed on the agenda and should be removed. b. Memo/agreement enclosed. 9a. Memo from Administrator enclosed. b. Memo from Administrator enclosed. c&d. Memo enclosed. e. Memo from Building Inspector and Administrator enclosed. 10a. Memo enclosed. lla. Request enclosed. b. Memo from Police Chief enclosed. c. Request enclosed. d. Request/explanation enclosed. e. Copy enclosed. 13a. Resolution enclosed. b. Memo enclosed. c. Advertisements enclosed. d. Memo enclosed. e. Set a Public Hearing. °Yr:%71;$ Larry ompson City Administrator LT/mh ✓ F AGENDA REQUEST FORM ITEM NO. i b NAME: Larry Thompson DEPARTMENT: Administration DATE: April 29, 1985 MEETING DATE: May 6, 1985 CATEGORY: Unfinished Business SUBJECT: Consider Ambulance Service Joint Powers Agreement EXPLANATION: As per previous correspondence and joint meeting of Councils. REFERENCE MATERIALS/RESPONSIBILITY: Agreement/Explanation - Larry Thompson Stan Whittingham REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Stan Whittingham Police Dave Pietsch Fire S gel5X . MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: AMBULANCE SERVICE AGREEMENT DATE: MAY 3, 1985 Attached, please find a copy of the proposed Joint Powers Ambulance Agreement. The agreement is similar to the one included in the ambulance report con- sidered during the joint meeting. A summary of the agreement is as follows: BOARD/SERVICE An independent board would be established consisting of one member appointed from each city Council, which would operate an ambulance service in the cities of Apple Valley, Lakeville and Farmington. It should be noted that portions of Empire, Eureka and Castle Rock townships were included as per recommendation during• the joint meeting. No subsidy by the Townships is proposed at this time because it would be necessary to bring the townships into the negotiations of the agreement. FINANCE The Board would operate the service within budget, which would be approved by the cities. Subsidy would be based upon population ratios. The Board could not borrow money without authorization of the cities. Lakeville has volun- teered to act as fiscal agent. All budgets would have to be approved by the respective councils. iI MISCELLANEOUS Insurance would include $1,000,000 general liability and $5,000,000 medical malpractice. Public officials liability would be covered by City policies as an extension of the Council members duties. Cities would be responsible for all debts incurred by the operation while they are a member of the service. City's may withdraw from the agreement given six months written notice. The agreement basically follows Option A which was, by consensus, the most favorable option reviewed during the joint meeting. The administrators also discussed the possibility of locating a second unit in Farmington to be operated as a BLS unit staffed by part time volunteers. It was not certain whether or not this service would be staffed by Farmington employees, or by members hired by the Board. Due to the potential liability and ownership of the equipment by the Board, it was agreed that employees should probably be employed by the Board. Questions were also raised regarding medical control, licensing of a combination ALS/BLS service, and availability of EMT trained volunteers. Because of these questions, it was agreed that language relating to the BLS unit would not be included in the Agreement. I expressed concern regarding entering into an agreement with nothing in writing relating to the BLS unit. Dick Asleson and I have drafted a resolution expressing intent to provide the BLS unit to be adopted by the councils. Lakeville has received bids on the ambulance units and are expected to accept them on May 20, 1985. The low bid was $95,400 for the two units, which was the estimated price. Lakeville will not accept the low bid until the agreement is approved. The Council should consider the agreement and determine whether the agreement is acceptable as presented or needs modification. Apple Valley considered the agreeement last night and has recommended certain minor changes which I will present on Monday night. Lakeville will consider the agreement on Monday night. If major revisions are felt necessary, I would recommend a joint meeting be held. The Council should also consider who it wishes to appoint. If the agreement is approved, I would recommend that direction be given re- garding the staffing of the BLS unit. I would also recommend that a committee consisting of the Council's representatives to the Board, the Administrator, Police Chief and Fire Chief be appointed to develop a plan. Larry ompson City dministrator LT/mh cc: Stan Whittingham Dave Pietsch file Lakeville CityofLakeville APR 2 5 1985 8747-208th St. P.O.Box IIII#957 Lakeville,Minnesota 55044-8012 (612)469-4431 April 24, 1985 Mr. Larry Thompson City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 Dear Larry: Enclosed is a revised draft of the Joint Powers Agreement for the three city ambulance service. Please call me if you have any questions or comments on it. Resp- • u our Patrick E. McGarvey City Administrator/Clerk PEM/cp Enclosure JOINT POWERS AGREEMENT TO PROVIDE AMBULANCE SERVICE AGREEMENT made this day of , 1985, by and among the Cities of Apple Valley, Lakeville and Farmington, (hereinafter collectively referred to as "A.L.F. Ambulance" or "A.L.F."). 1. AUTHORITY. This Agreement is entered into pursuant to Minn. Stat. 471.476 and 471.59. 2. PURPOSE. The purpose of this Agreement is to provide advanced life support ambulance service for the cities. 3. OPERATING BOARD. The Operating Board shall consist of three voting members: One member of the council of each city. Only members of the city councils shall be eligible to serve on the Board. The initial terms of the members shall be as follows: Apple Valley - 1 year; Farmington - 2 years; Lakeville - 3 years. Thereafter, all members shall be appointed for a term of three years. The city appointing a board member may remove the member at any time with or without cause. The Board shall annually select a chair, vice chair and secretary. A majority of board members shall consti- tute a quorum for the transaction of business. Vacancies for unexpired terms of office shall be filled by the appointing authority. The Operating Board shall carry out the purposes of this Agreement and operate the ambulance service ("the program"). The Board shall act by majority vote. 4. AMBULANCE SERVICE. The ambulance service shall consist of a life support transportation service meeting or exceeding the minimum require- ments of an advanced life support service as set forth by Minn. Stat. 144.804, et seq. The service shall include the operation of at least one ambulance unit operating on a 24-hour, 365 days per year basis. The Primary Service Territory of the service, as defined by Minn. Stat. 144.801, shall consist of the municipal boundaries of the cities and parts of the Townships of Empire, Sections ; Eureka, Sections ; and Castle Rock, Sections . The ambulance service shall further consist of support services necessary for proper operation. Support services shall include, but not be limited to, emergency dispatch, billing, record keeping, housing and finance. 5. FINANCE. A. The cities shall make financial contributions to operate the program. Except for the initial contribution which shall be payable within 30 days after the member cities approve the initial budget, contribu- tions shall be payable to the Operating Board in quarterly installments on or before the first day of February, May, August and November. Contributions of that part of the operating budget not met by grants, fees and/or donations shall be based on a ratio of each city's population to the total population of the three cities. For the purpose of the agreement, population means the population established by the most recent Federal Census, by a special census conducted under contract with the United States Bureau of Census, or by a population estimate made by the Metropolitan Council, whichever is the most recent. The Operating Board's initial budget shall be proposed as soon as possible after the Board is organized. The initial budget shall promptly be sent to the member cities for approval or disapproval. The Board shall not expend any funds until after the initial budget has been approved by all member cities. Thereafter on or before May 1st of each year, the annual operating budget for the following calendar year as recommended by the Board shall be submitted to each member city council for approval or disapproval. 2 No action within sixty (60) days shall constitute approval. The budget shall set forth projected expenditures, service fees, city contributions and other revenues necessary to operate the ambulance. Additional contributions, either real or in-kind, may be made by any city at the discretion of the governing body. Contributions from other individuals, either real or in-kind, may be accepted. If all cities do not approve the budget by July 1st of any year, the program shall terminate at the end of that calendar year. B. The Board may not spend money in excess of what has been authorized by a budget approved by all member cities as it pertains to the annual subsidy. The Board may, if necessary, request additional contribu- tions from member cities. C. The Operating Board may not incur debt without the advance written approval of all member cities. When approved by all the member cities, a certificate of indebtedness may be issued by the Operating Board on behalf of the collective members to this agreement , in the alternative, a member city may issue such certificate with ali�.members being liable for the debt so incurred pursuant to Paragraph 10 of this Agreement:j )T D. The City of Lakeville shall act as fiscal agent for the Operating Board and shall maintain a separate fund for the purpose of operating the program. E. The Board shall purchase equipment and supplies for the program through procedures which are most beneficial to the program. Con- tracts let and purchases made under this Agreement shall conform to statutory requirements applicable to the cities. • 3 F. At the end of each calendar year, the Board shall cause an audit to be performed of funds expended and revenues received during the previous year. A copy of the Audit shall be made available to the cities by May 1st of each year. The audit shall be in a form such that it can be readily compared to the annual operating budget. 6. CONTRIBUTIONS OF FACILITIES BY CITIES. A. Each city shall, after receiving the recommendations of the Board, determine which of its lands, buildings, equipment and services, hereinafter called "Public Resources", will be made available to the Commis- sion. B. The cost of maintenance, upkeep and utilities for the Public Resources made available by a city shall be borne by the City that provides the Public Resources. The Cities shall not pay rent for the use of the Public Resources. C. Each City shall maintain public liability insurance coverage on the Public Resources made available for the program. D. Public Resources will be returned to the respective City upon withdrawal from the Agreement. 7. PERSONNEL. The Board shall establish standards and qualifica- tions for its personnel. The Board shall have the authority to hire and fire personnel and establish the terms of employment. The Board personnel shall be deemed employees of the Board, not of the member cities. The Board shall delegate the day-to-day supervision of personnel to a paramedic director. 4 8. NONDISCRIMINATION. A. A.L.F. Ambulance service shall be available for use without regard to race, color, creed, religion, national origin and without regard to sex, except as may be necessary as a bona fide requirement of a specific service. 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 reason of race, color, creed, religion, national origin or sex, except as may be based upon bona fide occupational qualifica- tions. 9. INSURANCE. The Board shall take out and keep in full force the following insurance coverage if it is available at a reasonable cost: Amount Coverage $1,000,000 Comprehensive general liability $5,000,000 Medical malpractice Statutory Workmen's compensation 10. LIABILITY. Participating cities shall be liable for all debts and liability incurred in the operation of the program prior to their withdrawal from this Agreement in accordance with the following formula: Individual city's total contribution (excluding Public Resources) = percentage of liability Total contribution of all member cities (excluding Public Resources) 11. DURATION. A. Any city may withdraw from this Agreement on December 31st of any year. Written notice of termination must be given to the other Cities at least six (6) months prior thereto. 5 B. In the event of written notification to withdraw, the remaining cities shall meet to consider modifying the Agreement to continue without the withdrawing city or to terminate. In the event of termination, all surplus funds shall be distributed to the cities in proportion to the amount contributed over the lifetime of the Agreement. Property obtained under this Agreement shall be distributed to the cities in the same manner. If the remaining cities continue the Agreement, the withdrawing city shall not be given any distribution, except its own Public Resources, until the other cities agree to terminate. IN WITNESS WHEREOF, the cities hereto have caused this Agreement to be executed by their respective duly authorized officers pursuant to the authority granted by the attached Resolutions adopted by the respective cities. CITY OF APPLE VALLEY Dated: Mayor Administrator CITY OF LAKEVILLE Dated: Mayor Administrator 6 AGENDA REQUEST FORM ITEM NO. 9(20# NAME: Larry Thompson DEPARTMENT: Administration DATE: April 26, 1985 MEETING DATE: May 6, 1985 CATEGORY: New Business SUBJECT: Authorize Purchase of Senior Center Building EXPLANATION: Take official action on Senior Center transaction conducted on April 26, 1985. REFERENCE MATERIALS/RESPONSIBILITY: Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Cathy Denison Senior Center Jim Bell Park and Recreation SIGNATOR ‘24r;1471; AGENDA REQUEST FORM ITEM NO. 9C1 NAME: Larry Thompson DEPARTMENT: Administration DATE: April 26, 1985 MEETING DATE: May 6, 1985 CATEGORY: New Business SUBJECT: Accept Donation from Senior Advisory Committee EXPLANATION: Take official action on pledge donations conducted on April 26, 1985. REFERENCE MATERIALS/RESPONSIBILITY: Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Cathy Denison Senior Center Jim Bell Park and Recreation — SIGNATOR Cer41---"11-- MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: SENIOR CENTER TRANSFER DATE: MAY 1, 1985 Attached, please find a purchase agreement for the Senior Center building. A memo to the HRA was copied to you explaining the agreement. The HRA will take action on the agreement on May 1, 1985. It is recommended that the Council accept the $66,000 cash donation and FAA pledge donation from the Senior Advisory Commission, and approve the purchase agreement. Larr ompson City Administrator LT/mh cc: Cathy Denison file AGREEMENTS IN RESPECT TO FARMINGTON SENIOR CITIZEN PREMISES AND FACILITIES • THIS AGREEMENT, made and entered into this day of , 1985, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA, hereinafter HRA, and the CITY OF FARMINGTON, herein- after CITY, hereby agree to certain terms and conditions in respect to the premises hereinafter legally described and commonly known as the Senior Citizen Building. WHEREAS, the HRA has on the date hereof transferred possession, ownership, right and title to the hereinafter described premises, legally described as follows, to-wit: The South Fifty-one (S.51) feet of Lot Seven (7); and the South Fifty-two (S.52) feet of Lot Eight (8), except the North One (N.1) foot of the West Two (W.2) feet thereof, all in Block Twenty (20), Town (now City) of Farmington, according to the plat thereof on file and of record in the office of the County Recorder within and for said County and State. WHEREAS, the CITY has purchased the above describ d property front HRA at the agreed upon pri Seven houeami CS70700O-894) Dollars; and WHEREAS, HRA has+ on the date hereof, received Sixty-Seven Thousand ---367 'Doonars from the CITY as part paymentto` the above described premises; and WHEREAS, the remaining amount due is to be received in periodic pledge payments by the City of Farmington and remitted to the HRA; and WHEREAS, the HRA has obligated itselfjin respect to grants received to upgrade and furnish the above described premises,through -the•-use--of-grants, agaaeod to operate the Senior Citizen Center or allow the operation of the Senior Citizen Center on the premises for a period of ten years from the date of said grants; and WHEREAS, the City of Farmington has agreed to continuation of the Ahrh operation of the Senior Citizen Center facilities for thehgrant obligationv,a.i' , NOW THEREFORE, IT IS MUTUALLY AGREED as follows: 1. That the HRA hereby acknowledges receipt �ixty-Seven Tho ani- ($67,000.00) Dollars in respect to part .erl�the above described, premises. 2. That the CITY shall, upon receipt of pledge payments, forward to the HRA said pledge payments up to and including the total amount of Three Thousand ($3,000.00) Dollars. 3. That in any event, irrespective of any other terms herein, the CITY shall, within one year from the date hereof, will-lave_..pa d a total amount of Three Thousand 03,000.00) Dollars to the ARA as and for the n0 1 remaining amount due in respect to purchase of the Senior Citizen building from HRA; irrespective of any pledge amounts received by the CITY for Senior Citizen premises purcha e♦v � f , , f ;7 4 ,ycyr i s:- 4. That the CITY hereby covenants and agrees to operate the above described premises being hereby transferred to it by the HRA for the purpose 1;i1rt'/,':,-.(i,';,,: `y'C'.- s . rt-n-+ L s%E'G�. 0 i'na of conducting a Senior Citizen Center thereon Said Senior Citizen Center comprising at least the same square footage and area as presently operated as a Senior Citizen Center as of the date hereof eee—,... te-of_this..agreement. 5. That in the event the CITY shall fail to operate the?Above v described premises as a Senior Citizen facilityhand further that HRA Shall // be responsible for repayment of any grant amounts, penalties, or other obligations in respect to grants received for the purpose of upgrading and operating the Senior Citizen Center, the CITY shall indemnify the HRA for . any and all such amounts including reasonable attorney's fees. CITY OF FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA by by Mayor Chairperson by by Secretary Form No.31-M—QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis Co.,Minneapolis Corporation or Partnership — � to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $Exam /1.4k2 ,'afi Date: , 19 85 (reserved for recording data) FOR VALUABLE CONSIDERATION, Housing and Redevelopment Authority of the City of Farmington , a municipal corporation under the laws of Minnesota , Grantor,hereby conveys and quitclaims to City of Farm4n ton a municipal corporation under the laws of Minnesota property ro eert Grantee, real n in Dakota _County, Minnesota, described as follows: The South Fifty-one (5.51) feet of Lot Seven (7); and the South Fifty-two (5.52) feet of Lot Eight (8), except the North One (11.1) foot of the West Two (W.2) feet thereof, all in Block Twenty (20), Town (now City) of Farmington, according to the plat thereof on file and of record in the office of the County Recorder within and for said County and State; )if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto, Excepting easements, covenants and restrictions of record. Housing and Redevelopment Authority 74, of the City of Farmington , Minnesota xxxx By Its Chair person STATE OF MINNESOTA BJ► SS. r COUNTY OF DAKOTA Its Secretary The foregoing was acknowledged before me this day of , 194 by Carol Sprats and nemiel ' hittier the Chairperson and of Housing and Redevelopment Authority of the City of , nm,raiinli„a1 do,rporatio under the laws of Minnesota , on behalf of the mnnioipal1 oorporittioit NOTARIAL STAMP OR SEAL(OR OTHER TPILE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to(Include name and address of Grantee): E t � 1 City of Farmington p .. 325 Oak Street THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Farmington, Minn. McBrien & Darfiinger 55024 Attorneys at Law 315 Fourth St. Box 82 Farmington, Minn. 55024 Form No.31-M CLAIM DEED Mlnneenta uniform Conveyancing Blanks(1978) Miller-Davie Co Mw i Corporation or Pbrtrprshio to Corporation or'P rtnersh,p No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $Exempt M 2 77.22, Date: , 19 85 (reserved for recording data) FOR VALUABLE CONSIDERATION, Housing and Redevelopment Authority of the City of Farmington , a municipal corporation under the laws c: Minnesota , Grantor,hereby conveys and quitclaims to City of Farmington , Grantee a municipal corporation under the laws of Minnesota , real property i:. Dakota County, Minnesota, described as follows: • The South Fifty-one (S.51) feet of Lot Seven (7); and the South Fifty-two (S.52) feet of Lot Eight (8), except the North One (N.1) foot of the West Two (W.2) feet thereof, all in Block Twenty (20), Town (now City) of Farmington, according to the plat thereof on file and of record in the office of the County Recorder within and for said County and State; (if more space is needed.continue on back) together with all hereditaments and appurtenances belonging thereto, Excepting easements, covenants and restrictions of record_ Housing and Redevelopment Authority VI( of the City of Farmington , Minneac:a By Its Chair person STATE OF MINNESOTA By ss. COUNTY OF DAKOTA Its Secretary The foregoing was acknowledged before me this day of_ , 19_4_ by Carol Sprute and DAM el Whi+tiar the Chairperson and ,,,SeAntiry , re tIxoly, of Housing and Redeveloient Authority of the City of , tettr���ret1 ��+-se,rn+t es under the laws of Minnesota , on behalf of the wnmic4pa1 cnrpathatirsn NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) t SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described In this Instrument shouit be sent to(Include name and address of Grantee): City of Farmington 325 Oak Street THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Farmington, Minn. McBrien & Darflinger 55024 • Attorneys at Lav 315 Fourth St. Box 82 Farmington, Minn. 55024 AGENDA REQUEST FORM ITEM NO. I 3 b NAME: Larry Thompson DEPARTMENT: Administration DATE: May 1, 1985 MEETING DATE: May 6, 1985 CATEGORY: Add On SUBJECT: Position Description - General Services Department EXPLANATION: As per Council directive. REFERENCE MATERIALS/RESPONSIBILITY: Description - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Jerry Bauer General Services SIGNATU