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HomeMy WebLinkAbout2.c. Joint Powers AgreementAGENDA ITEM: Joint Powers Agreement AGENDA SECTION: Discussion PREPARED BY: Jamie Verbrugge, City Administrator AGENDA Nt fr ATTACHMENTS: JPA First Draft APPROVED BY RECOMMENDED ACTION: Discussion ROSE MOUNT CITY COUNCIL City Council Work Session: April 18, 2006 EXECUTIVE SUMMARY ISSUE The City and County must enter into a Joint Powers Agreement for the maintenance and operations of the Rosemount branch Dakota County Library. BACKGROUND The City of Rosemount and Dakota County began work in March 2003 to identify a site for a future local branch of the Dakota County Library system. The South Robert Street campus of St Joseph Catholic Church was identified as the preferred site and the City began negotianons with St. Joseph to acquire the property Purchase of the site was closed in January 2005. The County is beginning the next steps in the process that will include design planning in 2006, construction start in 2007, and ultimately opening of the facility in early 2009. Pnor to doing that, the City and County must enter into a Joint Powers Agreement (JPA) that stipulates the terms, conditions, and obligations for the collaborative venture. The first draft of the document prepared by the County is attached. Since then, County and City staff have renegotiated or clarified several items. Those items include: Addition of a reversion clause descnbing the process for transfer or re- purchase of the land in the event the County discontinues use of the facility for a library Irrigation and lawn maintenance Demolition obligations related to the rectory and pansh center buildings Cost sharing of access construction Parking lot maintenance Snow plowing Monument placement SUMMARY Staff will provide an overview of the ongoing obligations to the City which have been negotiated between City and County staff. The revised draft that includes changes made as the result of negotiations is being prepared by County staff. It is anticipated that the revised draft will be available for Council review by April 18. If Council is comfortable with the terms in the JPA, it is anticipated that a final document will be ready for Council action in May 2006. AGENDA ITEM: County Road 38 -TH 3 to East Tract Line of Reflections, City Project #393 AGENDA SECTION: Discussion PREPARED BY Andrew J. Brotzler, P.E., City Engineer AGE `'"t'.'' ATTACHMENTS: 1) January 12, 2005 Executive Summary 2) February 1, 2005 Executive Summary 3) February 9, 2005 Executive Summary 4) Map APPROVED BY: RECOMMENDED ACTION: For Discussion CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Work Session Date: April 13, 2005 ISSUE: 1) Consider options for the recovery of project costs associated with the extension of sanitary sewer and water service. 2) Review City code requiring connection to City services BACKGROUND: 1) Project Costs On February 15, 2005, a public hearing for the County Road 38 project was held. At the public hearing, the estimated costs and proposed assessments were presented. The official action by Council was to order the improvements and authorize the preparation of plans and specifications. In addition, Staff was directed to prepare information regarding options for the recovery of costs associated with the extension of sanitary sewer and water service to properties along the north side of County Road 38. For reference, the properties proposed to be assessed for sanitary sewer and water service are shown on the attached map. The estimated assessments for each property are as shown on the following page County Road No 38 (Bonaire Path) Proposed Assessments •uy=r•�. t+.. 9tlµ« n .y�'a5q iii; 11�: -F_ ';niG;� .r6.4;���P, •Y p PIN 34- 02010- 010 -06 Joseph B. Pannkuk 13400.00 PIN 34- 02010- 010 -09 William Bonita J. Rohr $22,800.00 PIN 34 44300 100 -01 $13,400.00 Todd R. Hendry PIN 34 44300 040 -02 $13,400.00 Tracie L Balsley PIN 34- 44300 010 -02 Allan F Janet H. Feldsien $13,400.00 TOTAL $76,400.00 In addition to the proposed assessments, City and Met Council charges will be collected at the time that a permit is pulled to connect to the City sanitary sewer and water system. These fees (at rates) are summarized below: Met Council Sewer Access Charge (SAC) $1,450 City SAC $1,160 City WAC $1,410 Other charges (these will vary by property) are associated with contracting a licensed plumber to install the sanitary sewer and water line from the property line to the house and connecting to the house plumbing As these costs may vary significantly, we do not attempt to estimate these expenses. Attached are copies of executive summaries from previous discussions on this issue. These will provide various options available for Council consideration To briefly summarize the options that have been discussed, the first option is to levy assessments to the benefiting property owners. These assessments are typically levied over a 10 -year period and are payable with the annual property taxes The second option is to establish a special area connection charge, in -lieu of special assessments, to be collected at the time a permit is pulled to connect to City sanitary sewer and water service. 2) City Code The current City code requires that properties shall connect to the City sanitary sewer and water system within two -years from the date that service is available. It has been previously discussed that consideration should be given to modifying the City code for this specific area to extend the time period that property owners would have to connect to City 2 services. Staff suggests that this time period be extended between five and ten years and include a provision that should an existing system fail, the property owner shall be required to connect to the City system. SUMMARY: Staff is requesting Council direction on these items. 1 c 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 13, 2005 GAS UTILITY ORDINANCE AMENDMENT City Engineer Brotzler reviewed the background of the issue that emerged recently with the development of Harmony regarding the extension of gas utility services to the site. Council was asked to consider an ordinance amendment which would require gas utility companies to have in place a franchise agreement with the City to secure utility permits for the installation of new gas service lines. City Engineer Brotzler noted the most important reason for the amendment is public safety. This ordinance would mean the only provider that would currently be allowed would be Aquila because of the franchise agreement they have with the City. It is anticipated that other gas providers will approach the City for the development of a franchise agreement that will then allow for the establishment of service boundaries. City Engineer Brotzler explained that in the electric world, services are regulated by the State Public Utilitiec Commission. For gas, there is no defined boundary without a franchise agreement. Council Members Baxter, Droste and Shoe Corrigan favored the ordinance and the idea of doing franchise agreements. City Engineer Brotzler was asked to bnng the ordinance back for a first reading in May. COUNTY ROAD 38 -TH 3 TO EAST 'TRACT LINE OF REFLECTIONS, CITY PROJECT #393 City Engineer Brotzler gave the Council a brief background on the project regarding the County Road 38 project and the properties proposed to be assessed for sanitary sewer and water services. In lieu of levying special assessments, the City could recover the cost when the properties connect to City sewer and water. Staff suggests making it a special district with the time period for connection extended between five and ten years with a provision that if an existing system fails, the property owner will be required to connect to the City system. City Engineer Brotzler also noted that the Rohr property could be subdivided into two lots and should have two hook- ups. However, the Rohrs could record a deed restriction against the property so it could not be subdivided. Council Members were in agreement that this area should be a special district. Council Member Shoe Corrigan and Mayor Droste felt the Rohr property should have two stubs It was decided that within 10 years they have to hook up to City services unless they sell or otherwise transfer the property or there is a failed system. Council Member Sterner asked City Engineer Brotzler to send out a follow -up letter to Fred _Hanson to see if they are interested in the City services. ON STREET PARKING, 143" ST. WEST AND CHILI AVENUE AREA City Admiiustrator Verbrugge addressed the parking issues at the Rosemount High School. There has been "Parking By Pennit Only" signaue on the streets east of Chili Avenue on 143` UPPer 143r and 144 Streets for several years. Streets west of Chili Avenue have not had any Parking restrictions. Students are not willing to pay to park and will drive to an area where there is-free parking. AGENDA ITEM: County Road 38 TH 3 to East Tract Line of Reflections, City Project #393 AGENDA SECTION: Discussion PREPARED BY: Andrew J. Brotzler, P. E., City Engineer` AGED #2 ATTACHMENTS: Letter from City Attorney APPROVED BY: 'f/ NOTES: For Discussion Only. d City Council Work Session Date: February 9, 2005 ISSUE: Review and discuss the options available for recovering project costs from benefiting properties along the project corridor. BACKGROUND: On November 3, 2004 the Rosemount City Council authorized the preparation of a Feasibility Report for County Road 38 (Bonaire Path)(CR 38) Street and Utility Improvements and on February 1, 2005 Council received the feasibility report and ordered the public heanng for February 15, 2005. This project has been designated as City Project Not 393. The feasibility study for this project has been before Council at previous work session meetings to discuss policy considerations regarding the extension of City services to properties. At the last Council work session, on January 12, 2005, the direction given to Staff was to omit proposed improvements to 132 Court, provide future expansion of sanitary sewer and watermain west of Trunk Highway 3 (TH3), and to research the possibility of deferring assessments for the sanitary sewer and watermain services that will be provided to properties directly accessing CR 38 as part of the proposed improvements. Since that meeting, the feasibility report has been updated to reflect the necessary changes as directed by Council Also, Staff has discussed with the City Attorney, options that Council can consider for recovering project costs from benefited property owners. Attached is a copy of a letter from the City Attorney that provides an overview of options that the Council can consider to recover project costs. SUMMARY: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Staff respectfully requests Council direction for recovering project costs from benefiting properties along the County Road 38 proposed improvements project. Kenn...dg CLL- 253220v1 RS215 -3 January 19, 2005 Andy Brotzler City Engineer City of Rosemount 2875 145 St. W. Rosemount, MN 55068 Re: Collection of Special Assessments for Sewer and Water Project Dear Andy: 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337 -9310 fax hap: /www.kennedy- graven-com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email clefevere @kennedy -graven com You have asked for a letter describing the options available to the City to finance sewer and water project costs by current or deferred special assessments. The most common procedure, of course, is to require the payment of the costs of extending sewer and water service to property through the collection of special assessments at the time service is provided. The impact of such special assessments can be reduced by extending the term of payment of the assessments. State law authorizes special assessments to be deferred only in limited circumstances. One is that special assessments on unimproved property may be deferred under Minn Stat. §429.061, Subd.2. In the case of improved property, the statutes authorize deferment of special assessments only in the case of properties owned by senior citizens or disabled persons. Minn. Stat. §435.191. If a City Council decides that it does not want to collect the costs of such projects from benefited properties at the current time, but wishes to collect at a later time, it may collect the charges as a connection charge at the time the property is connected to sewer and water service Ordmanly, connection charges are imposed only to recover the costs incurred by the City in permitting and overseeing the connection of the property to public facilities. However, State law authorizes connection charges to be adjusted to take into consideration the payment (or non payment) of special assessments at an earlier date. Specifically, Minn. Stat. §444.075, Subd. 3, provides in part that "Charges for connections to the facilities may in the discretion of the governing body be fixed by reference to the portion of the cost of connection which has been paid by assessment of Andy Brotzler January 19, 2005 Page 2 the premises to be connected in comparison with other premises, as well as the cost of making or supervising the connection." The disadvantage of collecting these charges as connection charges in the future is that the City must carry the costs until connection In some cases, connection may not occur for a substantial period of time, and may never occur unless connection is compelled by an ordinance or the water or septic systems on the property fail. It is common for cities to require properties to be connected to sewer and water within a specified time after service is made available to the property It seems to me that such an ordinance serves two purposes. The first is that connection to a municipal water supply and sanitary sewer system protects the public health and environment. The second is that reasonably prompt connection to the system will facilitate payment for both the construction and operation of the facilities. If the City Council wishes to collect for the cost of the project through a connection charge, it would be necessary to amend the City's connection charge policies and rates so that properties that were not previously subject to special assessments would be required to pay those costs at the time of connection. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL•peb RS215 -3 CLL- 258220v1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 9, 2005 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, February 9, 2005 at 614 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Shoe Corrigan, Sterner, Baxter and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, City Engineer Brotzler, Public Works Superintendent Cook, Community Development Director Lindquist, Finance Director May, Police Chief Kalstabakken, and Fire Chief Aker The agenda was revised to consider County Road 38 TH 3 Assessments first because of Council Member Baxter's request to leave early for a family obligation. DISCUSSIONS County Road 38 TH 3 Assessments, City Project 393 City Engineer Brotzler presented special assessment options for residents for the proposed extension of sanitary sewer and water service. The proposed assessment rates are $4,000 /unit for street improvements and $9,400 for water and sewer improvements for this project. In follow up to previous discussions by Council regarding options for recovering project costs, City Attorney LeFevere prepared a letter outlining the City's authority to establish a special connection charge for this area. This would allow the City to not levy assessments for sewer and water and to recover costs in the future through connection charges collected at the time a property owner connects to City services. There are four properties that would have an assessment of $13,400 and one double unit lot for an assessment of $22,800. Should Council consider levying special assessments, options available to property owners include the following: 1. Prepay assessment in full within 30 days after assessment levied with no interest. 2. Make annual assessment payments over a ten year period. 3. Apply for a senior citizen deferral through Dakota County. It was noted that with this option, interest does accrue during the deferral period. The City Code states that property owners would be required to hook up to water/ sewer within two years of installation to property boundary or sooner in the event a system fails. Discussion ensued about if this two -year period should be extended to five to seven years to allow homeowners more time, especially if they had recently upgraded their septic system. City Engineer Brotzler spoke about creating a special district applying to the five homes mentioned. This will be researched further. Council Member Shoe Corrigan mentioned the "human issue" here that residents do not like to pay assessments especially if they have recently made improvements to their own water or septic systems. Shoe Corrigan encouraged staff to make clear to the residents the options that are available, and to let them know who to contact at Dakota County to levy the unpaid assessments. As with all assessments, land value benefit to the property owners must be supportable. There is also an assessment deferral option available to senior citizens within Dakota County. Council Member Baxter reiterated the three choices. 1) pay up front; 2) pay at time of connection or failure of system, and 3) or hook up in 2 years and then pay. Council requested staff to find 1 out if connection charges would be required at the time a property is sold. City Engineer Brotzler said that how the assessments are handled does not have to be determined until the time of the Public Hearing for assessments. Council Member Shoe Corrigan said it is bad policy to defer street and utility improvements because the City has to pay up -front and carry that debt. The apartment building owners contacted City Engineer Brotzler about extending the water and sewer to the apartment building The family owns three lots plus the apartment building on the west side of Highway 3 on 132nd Street. They would like to connect the apartment building and stub utilities to the other three Lots. The apartment would be reguided to Urban Residential zoning. The street improvements would include curb and gutter. City Engineer Brotzler stated that based on previous Council direction, staff would be meeting with the owners of the apaituient building and of the properties located south of 132 Street, between Dodd Road and TH 3 to discuss possible re- guiding of these properties. Council Member Baxter left the meeting at 7:15 p.m. Fire Station #2 City Administrator Verbrugge presented information on the 2005 Capital Improvement Plan for the construction of Fire Station #2. The City secured the land at Connemara Trail and Azalea Avenue for the fire station in 2003. The site will also include a future water tower and possibly a water treatment plant. Mr. Verbrugge discussed the timing, scope, architect selection, and debt issuance. Fire Chief Aker was present to answer questions Chief Aker said that fourteen volunteer firefighters would staff the satellite station. Staff has been looking for multi purpose functionality of the facility to serve as a future polling place, emergency operations center, and training space. Police Chief Kalstabakken reported that Dakota County has decided to use their its old maintenance facility on Biscayne Avenue for a Central Command Post, but the Chief noted that Rosemount needs an independent facility. Emergency response time was discussed. The majority of emergency calls are for medicals. Usually the first on scene are the police, second the firefighters, and third, ambulance service. Health East Ambulance services Rosemount, Eagan, Mendota Heights, and South St. Paul. Response time is tracked for every call. Staff recommended retaining Vetter Johnson Architects for the design Vetter Johnson was the architect for Fire Station 41. Council members expressed concern about retaining an architect without having a request for proposals (REP). Staff had researched what other communities had experienced as architect fees for recent projects and found that the 7.5% requested by VIA was very competitive with other projects. Council directed staff to pursue a reduced architect fee, in exchange for not doing an RFP process, to assure the public that the City was appropriately managing public dollars. A voter approved referendum is not required to finance public safety buildings such as a new fire station with general obligation bonds, although there is a petition process that allows the question to be put to on the ballot. Financial Consultants at Springsted have recommended that the City issue the debt before the end of May due to pending legislation that could adversely affect the City's options for financing the project. The City Council public hearing would occur in early 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 9, 2005 AGENDA ITEM: County Road 38 TH 3 to East Tract Line of Reflections, City Project #393 AGENDA SECTION: Discussion PREPARED BY: Andrew J. Brotzler, P. E., City Enginee ENpP p 2 ATTACHMENTS: Map APPROVED BY: RECOMMENDED ACTION: Discussion Only `JJ ACTION: City Council Work Session Date: January 12, 2005 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION ISSUE: Review policy implications associated with proposed improvements on County Road 38 from TH 3 to the east tract line of Reflections and the proposed extension of sanitary sewer and water service to property at 132 Street and Dodd Road and property at 132 Court that is currently zoned rural residential. BACKGROUND: On November 3, 2004, Council authorized the preparation of a feasibility report to analyze improvements to County Road 38 from TH 3 to the east tract line of the Reflections development. As part of the Council action, staff was authorized to review the extension of sanitary sewer and water service to the Rose Terrace apartment building located at 132 Street and Dodd Road. At the time that Council authorized the preparation of a feasibility report and through the preparation of the feasibility report, several policy implications have been identified. The policy implications that staff reviewed with Council on December 15, 2004, and requested Council direction on are as follows: 1. Extension of sanitary sewer and water service along County Road 38 and the potential levying of special assessments to adjacent benefiting properties on the north side of County Road 38 that are designated transitional residential. As part of the proposed improvements, sanitary sewer and water service will be made available to 3 to 6 existing residential properties on the north side of County Road 38. The transitional residential designation for these properties acknowledges anticipation that City sanitary sewer and water service may be provided. Extension of utilities would require a comprehensive plan amendment to expand the MUSA. The policy consideration for Council is the proposed levy of special assessments to these properties for sanitary sewer and water service that are designated transitional residential. This prompts an additional policy consideration regarding the continued extension of sanitary sewer and water service to the transitional residential area. Staff will provide to Council at the meeting the proposed estimated special assessments to these properties for sanitary sewer and water service. 2. Extension of sanitary sewer and water service to the Rose Terrace Apartment building located at 132 Street and Dodd Road. SUMMARY: The owner of the Rose Terrace apartment building, as noted in correspondence previously provided to Council has requested that sanitary sewer and water service be extended to the property The property was included in the North Central Sewer Study area for sanitary sewer service. However, the property is currently designated rural residential and is not within the Municipal Urban Service Area (MUSA). Therefore, consideration to extend sanitary sewer and water service to this property would require a Comprehensive Guide Plan amendment to change the land use designation and expand the MUSA. A rezoning to urban residential from rural residential would also be required. With the possible extension of sanitary sewer and water service to this property, there may be the potential for additional properties within the current rural residential area to request subdivision and development at an urban density. At the Council Work Session on December 15, 2004, this item was brought before Council to receive direction on these issues. At that meeting Council directed Staff to do the following two items: 1. Contact the property owner of Rose Terrace apartment building to inform them that Council would only consider extending utilities at this time if the owner would fund 100% of the extension if the owner agrees to fund 100% then Council would review the possible long -range planning ramifications with adjoining property owners. Staff follow -up included sending a letter and phone calls to Wenzel Properties, the owner of Rose Terrace, explaining Council's direction To date, Wenzel Properties has not replied to the letter or phone calls. 2. Contact the property owners located on 132 Court to determine if there is any interest to extend sanitary sewer and watermain at the same time improvements are being made to County Road 38. Staff follow -up included inviting all property owners along 132 Court and also property owners along County Road 38 to an open house forum with a roundtable discussion explaining the possible extension of utilities. This open house will occur prior to the Council Work Session. Staff will be prepared to inform Council of the residents' comments and concerns. Staff respectfully requests Council direction on these issues for incorporation into the final feasibility report. 2 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 12, 2005 several issues that would restrict local government control and senses the need to leave that control with local government. State Representative Ozment noted that this year there seems to be controversy about whether to allocate the funds to benefit the rural or the urban areas. City Administrator Verbrugge presented a list of three levels of political priorities for the City of Rosemount. The most important priority is the Air Cargo Regional Distribution Center which would provide economic benefits to both the State of Minnesota and to the local host community. Senator Knutson was a co- author of last year's bill regarding that. Rep. Ozment has signed on as a co- author for 2005. Secondary items are park and library land tax breaks to encourage private landowners to sell property to public entities, TIF legislation, levy limits, reverse referendum, and support of the Minnesota Zoo. Other topics of interest to Rosemount are the public utilities infrastructure impact fees, aggregate mining, eminent domain regulations, transportation funding and gas tax structure, and Highway 3 preservation status. State Representative Ozment and Senator Gerlach updated Council and staff on the identified topics. They said they value the Council's suggestions and plan to update the City of Rosemount as the session progresses. Council Member Baxter remarked that Rosemount has used Tax Increment Financing (TIF) to improve the City of Rosemount successfully and hopes the regulations don't restrict future use of TIF. Baxter pointed out that the Air Cargo Regional Distribution Center would provide jobs and economic improvement to benefit the State. It would also become a prototype for state of the art security screening for manufacturing which would be a federal benefit. Mayor Droste called for a ten -mmute break at 8.45 p.m. County Road 38 City Engineer Brotzler reported on the public informational meeting held to discuss City Project 393. The proposed improvements to extend sewer and water service along CR 38 was reviewed. It was noted that the residents along 132 Court did not express interest in having sewer and water service extended to their properties at this time. Brotzler noted that the sanitary sewer and water lines would be stubbed from CR 38 to 132 Court to accommodate future extension of sewer and water service to these properties. Brotzler reported that the North Central Sanitary Sewer Study noted that there are records of six sewer systems that have failed or don't meet code in the City. Two of those systems are adjacent to Keegan Lake Mayor Droste noted that an outlet was constructed for Keegan Lake last year The construction of an outlet from Keegan Lake will prevent the flooding of adjacent properties in the future. There was discussion about the proposed assessments. Properties adjacent to CR 38 are proposed to be assessed $4,000 for street improvements and $9,800 for sanitary sewer and water service. Council Member Shoe Corrigan noted that only one property is large enough to divide. It was noted that any property that could be subdivided would have two or more services extended and would be assessed accordingly for sewer and water service. Options were discussed for the assessment of project costs. The first option is to assess project costs immediately. A second option is to defer all or a portion of the project costs for sanitary sewer and water and collect in the future when property owners connect to City services. Staff was directed to research options with legal counsel and report back to the Council at the next work 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 12, 2005 session. It was discussed that the City code currently requires property owners to connect to City services within two years from the date they are available Consideration may be given to extending this time period for property owners adjacent to the project. Hiring of Public Works Supervisors City Administrator Verbrugge presented two new public works supervisor positions for consideration by City Council. He presented a review of the budget preparation process and previous discussions regarding the proposed supervisors to update the two new City Council members. The new supervisors would provide more direct supervision in the field, evaluate field work for efficiencies, and free up the Public Works Superintendent to focus on strategic planning and proactive maintenance initiatives. Mayor Droste had serious concerns about Rosemount's high property taxes and did not wish to have that increase. Council Member DeBettignies stated the City should be able to show it would have a good ,return on its investment Mayor Droste said he would agree to one new supervisor. Mayor Droste suggested a mechanism be put in place to measure the hours needed for labor and to consider a part-time manager for summer help. Council Member Sterner suggested that all custodians work from the Parks and Recreation Department. Sterner noted that with the purchase of St. Joseph Church additional area will be needing attention. Council Member Baxter suggested hiring one supervisor now and then prepare an evaluation in six months and determine if another supervisor may be needed City Administrator Verbrugge agreed to begin the hiring process for one supervisor and to restructure the job description. Commission Appointments City Clerk Jentink explained there are two commission vacancies due to the newly elected Council Members Sterner and Baxter. The immediate openings are one on each of the Parks Recreation Commission and the Port Authority Commission. Council Member Sterner volunteered to remain on the Parks and Recreation Commission until a replacement can be found or until the normal selection process occurs m March. Council Member Shoe Corrigan volunteered to return temporanly to the Port Authority until the normal selection process occurs. There are six commissioner positions whose terms will expire March 31. Mayor Droste recommended proceeding with the Selection Policy with interviews in February. Council Member Shoe Corrigan indicated she will not be available on weekends in February for the interviews. Staff was directed to proceed with advertising for the six positions. Marketing /Communications Plan Dates Communications Coordinator Cox reviewed the progress of the Marketing Plan. The communications tasks have been assigned target dates for completion. Council Member Baxter suggested lower priorities for an exit survey, council web pages, and a computer in a public place. The Marketing Plan is going well. Mayor Droste thanked Communication Coordinator Cox and Assistant Administrator Weitzel for their hard work and great job UPDATES City Administrator Verbrugge was alerted to a Title Search irregularity on the St. Joseph Church Property. City Attorney LeFevere determined that a narrow strip, 3 to 5 feet wide across the property was owned by a Mr Hubert Geraghty. This did not show on the first search because it only showed as a line The closing is still scheduled for January 14, 2005. V 3 NOTE Drmensans rounded to nearest foot. Copyrigh' 2006, Dakota County This drawing is neither a legally recorded map nor a survey and is not intended to be used as one This drawing is a compilation of records, information and data iocaled in varrous city, county, and state offices and other sources affecting the area shown and is to be used to reference purposes only Dakota County is not responsible for any inaccuracies hrein contained If discrepancies are found, grease contact Dakota County Survey and Land Information Department Map Data April 13, 2006 Parcels Updated 03/30/2006 Aerial Photography SITE MAP 1RoPDSED Sf i4L tliv qy N G //kR6E DISTY, rc Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033 -2392 Phillip D Prokopowicz, Chief Deputy Karen A Schaffer, First Assistant Monica Jensen, Community Relations Director January 26, 2006 MR JAMIE VERBRUGEE ROSEMOUNT CITY ADMINISTRATOR 2875 145 ST W ROSEMOUNT MN 55068 -4997 Re: JPA for Acquisition of Land for Public Library in Rosemount Our File No. K -05 -450 Dear Mr. Verbrugeet.. Enclosed please find a draft JPA for your review and comment regarding the above entitled matter. If you have any questions, please feel free to contact me. Thank you. Michael R. Ring Assistant County Attorney MRR/jjh Enc. c: Ken Harrington, Capital Planning and Project Management Sue McComber, Service and License Center L K05 -450 Victim/Witness Coordinator Patricia Ronken 30% post Criminal Division Scott A Hersey, Head OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY Juvenile and Protective Services Division Donald E Bruce, Head Office Manager Norma J Zabel An Equal Opportunity Employer Telephone (651) 438 -4438 FAX (651) 438 -4479 (Civil Divis on) FAX (651) 438 -4500 (Criminal Division) FAX (651) 438 -4499 (Juvenile /Admio Division) E-mail attomey @co dakota mn us Direct Dial- 651 -438 -4445 Email: Mike.Rmg(a,co dakota rive us REC'D JAN 3 0 2006 Civil Division Jay R Stassen, Head Child Support Enforcement Division Sandra M Torgerson, Head s m JOINT POWERS AGREEMENT FOR ACQUISITION OF LAND FOR PUBLIC LIBRARY IN ROSEMOUNT, MINNESOTA DRAFT This Agreement is entered into this day of 2006, by and between the City of Rosemount a Minnesota municipal corporation "City") and the County of Dakota, a political subdivision of the State of Minnesota "County each of whom constitutes a "governmental unit" pursuant to Minn. Stat. 471.59. 1. Statement of Purpose and Powers to be Exercised. The City and County acknowledge the need and desire to acquire land for public purposes in Rosemount, Minnesota, in order to facilitate the establishment of a library to serve Rosemount and the surrounding communities and to provide for the establishment and expansion of facilities for library purposes. The parties have statutory authonty to acquire land for public library purposes, in accordance with Minn. Stat. Ch. 134. 2. Site Acquisition and Exercise of Power. The City has undertaken at its sole cost and expense to acquire a suitable library site consisting of approximately 3.0 acres of land, within the confines of the property legally described in the attached Exhibit A. The City will convey fee title of the library site to County by a recordable deed of conveyance, free and clear of all liens and/or encumbrances, including special assessments, as of the date of transfer. Said conveyance of title by the City shall take place prior to County's approval of plans and specifications for the construction bid. 3. Liability for Debts and Obligations. No party shall do any act or thing, the effect of which would create a hen or charge against the other party. 4. Contributions by Parties. Except as set forth herein, the County, acting through its Library Board, agrees to construct, operate and maintain a library building and library site parking facility for the benefit of the public, with construction to be substantially complete by October, 2009. For and in consideration of the construction and operation of said library facility: (a) The City agrees to pay any and all costs associated with acquiring the library site. (b) The City agrees to re -plat the property, at City expense, to create a lot for the library site that is mutually acceptable to the City and the County. The final plat must be recorded before construction will begin on the library building. (c) The City shall provide the library facility access to the nearest sanitary sewer, storm sewer and water mains, except that the County shall pay the cost of extending the utility service lines from the library building to the city utility stubs. (d) The City will waive all discretionary City permit fees but will pass through to the County, and the County will pay, all construction fees and pennit fees which are not payable to the City (e.g., SAC, WAC and state building surcharge). The City will provide customary plan reviews by city staff without charge to County. (e) So long as the County maintains and operates a library facility on the premises described at paragraph 2, the City will provide lawn and landscape maintenance service for the library property and snow removal service for any parking lots, driveways and sidewalks. Lawn maintenance services shall include imgation, mowing, trimming, fertilization, chemical treatment, shrub care, and tree maintenance. These services are to be performed in accordance with the standards set forth in Attachment 1, the contents of which are incorporated herein by reference. 2 (1) The City may be involved with the Dakota County Library Board in the selection of the architectural firm hired to design the library and related facilities, and City input will be sought for the actual building design. A city staff member designated by the City Council will be invited to staff design coordination meetings. A city council member will be appointed by the council to serve on the County's Design Advisory Committee for this project. If the City has specific needs or desires for architectural design or library programming needs that the County feels are beyond the budget and/or scope of library needs or services provided in other facilities operated by the Library Board (including, but not limited to, an atrium, medallions in brickwork, 2 exterior columns, fireplaces, extra landscaping, etc.), City may be asked to contribute funds to pay for the costs associated with construction of those City specified amenities. (g) The City will provide the County with an updated abstract of title for the library lot at City's expense. (h) The City will be solely responsible for the cost of razing and removing the rectory building on the library lot. The City will be the lead agency in arranging for the work to be completed; either by City staff or outside contractors hired by the City. At such time as the County decides to raze the existing office building on the library lot, the City and County will equally split the cost of razing and removing said building. The County will be the lead agency for removal of said building. Deconstruction and disposal of the structure will be performed in accordance with County sustainability standards and waste disposal ordinance. If deconstruction begins more than three (3) years after start of construction on the library building, the County will be solely responsible for all demolition and disposal costs. Until such time as the office building is removed, the County will have the right, at its option, to rent out office space in the building. The County will be solely responsible for all costs and expenses related to rental and management of the office building. The City agrees to be solely responsible for payment of all future special assessments which would otherwise be levied against the library property, for so long as the County operates a public library on the site. (j) The City and County will equally split the cost of constructing a new entry to the north side of the library property. The entry will be constructed by contractors hired by the County as part of the building construction project. The City and County will equally split the operating and maintenance costs of the library parking lot(s) including striping, sweeping, repair, overlays, seal coating and lighting. County will be responsible for initiating repair or maintenance operations as deemed necessary. (1) The City and County will grant and execute cross parking agreements for use of the parking lots on the library site and adjacent City property, with the exception of designated, reserved parking spaces. (m) County will permit City to place an appropriate monument sign on the County Library lot identifying land uses on the library lot and adjacent City property. (i) (k) City will consult with County on the design and placement of the sign. All costs associated with the sign will be paid by City. All maintenance of the sign will be the responsibility of the City. 5. Source and Contribution of Funds. The City and the County each shall budget for or obtain funds sufficient to carry out the undertakings and responsibilities each party has agreed to or assumes by the terms of this agreement. 6. Nonassignability. Neither of the parties shall assign any interest in this Agreement or transfer any interest in the same, whether by subcontract or assignment, without the prior written consent of the other party. 7. Amendment. Any amendment to the provisions of this Agreement shall be valid only after it has been reduced to writing and signed by all parties hereto. 8. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all pnor oral or written negotiations. 9. Ownership of Land and Facilities. The parties acknowledge that at such time as the premises cease to be used as a library, ownership of the building, furniture, materials, land and improvements shall remain with the County. All other terms and conditions premised on the County operation of a library on the site will terminate. 10. Liability /Independent Contractors. For the purpose of this Agreement, each party shall be deemed independent contractors. Any and all agents, servants, or employees of one of the parties who are engaged in the performance of any work or services required to be performed pursuant to this Agreement, shall not be considered employees of any other party, and any and all claims that may or might arise on behalf of any one or more parties to this agreement, or their agents, servants, or employees as a consequence of an act or omission on the part of said party or their agents, servants, or employees or other persons shall in no way be the obligation or 5 responsibility of any other party. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 11. Equal Employment Opportunity and Compliance with Applicable Laws. All parties agree to comply with all federal, state, and local laws, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national ongin, sex, marital status, status with regard to public assistance, disability or age. All parties further agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated as they relate to the performance of the provisions of this Agreement. 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers. APPROVED BY THE ROSEMOUNT CITY COUNCIL ON APPROVED AS TO FORM BY CITY OF ROSEMOUNT ROSEMOUNT CITY ATTORNEY By: Approved by Dakota County Board Resolution No. THIS INSTRUMENT DRAFTED BY: Michael R. Ring, Assistant County Attorney Dakota County Attorney's Office 1560 West Highway 55 Hastings, MIN 55033 Telephone: 651 -438 -4438 K/K05 -450 7 By: Mayor By: City Clerk Approved as to form: COUNTY OF DAKOTA Assistant County Attomey/Date Chair, Board of Commissioners Date of Signature Attest Mary S. Schelde Clerk to the Board Date of Signature EXHIBIT A A combination of parcels generally consisting of the following: 1. Lot 26, AUDITOR'S SUBDIVISION NO. 1, (PIN 34- 03700 010 -26) 2. The Northerly 110 feet of Lot 25, AUDITOR'S SUBDIVISION NO. 1, (P114 34- 03700 020 -25) 3. Lot 25, AUDITOR'S SUBDIVISION NO. 1, except the Northerly 110 feet thereof, (PIN 34- 03700 010 -25) 4. Lot 24, AUDITOR'S SUBDIVISION NO. 1, except the Southerly 13.7 feet thereof, (PIN 34- 03700 011 -24) 5. The Northerly 44.3 feet of Lot 20, AUDITOR'S SUBDIVISION NO. 1, (PIN 34- 03700 021 -20) 6. PIN 34-66500-110-00 7. PIN 34-66500-090-00 I K K05 -050 Exhtbtt A SNOW REMOVAL ATTACHMENT 1 (From Heritage Library 7PA K -96 -283) Remove snow and treat slippery or icing conditions, including exterior sidewalks, walkways, drives and parking areas at facilities to the greatest extent possible to protect against injury and loss of property. GENERAL INFORMATION Priority Snow removal operations receive priority over all other daily work assignments for property management staff unless occupant safety is jeopardized or property loss or damage is possible. Property management staff will generally be the first into the facilities and the last to leave during heavy or major snowfalls to protect property and staff. Major Winter Storms During and following major or severe snow or ice storms, staff diligently pursue maintaining emergency access corridors into buildings and remove snow or treat ice accumulations as rapidly as the condition or availability of equipment permits. Staff Safety Staff exercise extreme caution and care when blowing or mechanically removing snow when pedestnans are present. Staff use discretion and take adequate breaks from snow removal to prevent stress and potential for hypothermia during severe winter weather conditions Adequate winter protection clothing is worn at all times to protect and ensure employee safety. All snow removal equipment, tools and machinery is maintained in top condition with all safety equipment in place. Snow blowing equipment chutes are not cleared by hand. Special Events When events occur outside normal facility building hours, the building or scheduling authority notifies property management staff of the need for snow removal, sanding or salting since developing conditions vary greatly across the County. Emergency Assistance Assist motorists and pedestrians at facilities to the greatest extent possible as weather conditions and safety penult Page 1 PROCEDURES Property management staff and contractors clear walks, drives and parking lots of snow accumulations of one inch or more and treat slippery conditions as follows: Walkways On scheduled business days, snow is removed by 7:00 a.m. to form a clear path of entry and egress from the building. Snow removal includes emergency exit door stoops or door swing radii Staff continue to clear pedestnan paths throughout the business day as conditions warrant. Walkways are mechanically and manually cleared to bare surfaces free from ice or snow by the start of the next business day when possible or within 48 hours. Icy or sleet conditions on pedestrian walkways between parking areas and facility entrances are treated with calcium chlonde, sand, salt or a combination as needed or upon first report of the developing condition to property management staff. (In general pelletized calcium chloride is used on sidewalks for removal of ice and snow build -up effective to -11F degrees.) Parking Lots Staff and contractors attempt to clear snow from parking lot surfaces no later than 7:00 a.m. or one hour pnor to normal facihty hours on scheduled business days following actual snowfall of two or more inches. When major snowfall occurs (6 inches or more) dunng business hours, department staff and contractors will maintain vehicle traffic comdors within facility parking areas to the greatest extent possible. Remove snow from parking lot or sand and salt as conditions warrant pnor to 7:00 a.m. on business days. Parking areas and drives are salted and sanded when icy conditions warrant or when requested by Property Management or the facility authority. A rock salt/sand mixture is used on bituminous pavements equal to County highway sand mix proportions. K.K05 -450 Attachment 1 Page 2