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HomeMy WebLinkAbout9.a. Approve Joint Powers Agreement Dakota County LibraryAGENDA ITEM: Dakota County- Rosemount Library JPA AGENDA SECTION: New Business PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. (Ia. ATTACHMENTS: Joint Powers Agreement; Summary of Terms and Conditions APPROVED BY: r RECOMMENDED ACTION: Motion to approve the Joint Powers Agreement for Acquisition of Land for Public Library in Rosemount, Minnesota SROSEMOUNTT CITY COUNCIL City Council Regular Meeting January 12, 2007 EXECUTIVE SUMMARY ISSUE The City and County must enter into a Joint Powers Agreement for the acquisition and transfer of land, design and construction, and ongoing maintenance and operations of the Rosemount branch Dakota County Library. BACKGROUND The City of Rosemount, Dakota County, and the Dakota County Library Board convened a site selection committee in early 2003 to identify a future location for a branch library in Rosemount. Following review of more than two dozen site possibilities, the committee recommended a site owned by St. Joseph Catholic Church on the 14300 block of South Robert Trail. Consistent with how other communities have partnered with the County and Library Board, the City is responsible for acquiring and transferring land for the library. In January 2005, the City closed on the purchase of the St Joseph property. The library will be constructed on the southern half of the property, while the northern portion of the property containing the church and school buildings will be retained by the City for a possible future community re- use. The Joint Powers Agreement descnbes the respective obligations and responsibilities of the City and County for administration, management and operation of the library and its grounds. The attached summary of terms and conditions was prepared by County staff as a quick reference guide to the terms described in the JPA. The shared obligations are consistent with those agreed to in the other communities of Dakota County where a library is operated. SUMMARY Staff presented previous drafts of the JPA for discussion with City Council at work sessions on Apnl 18, 2006, and October 11, 2006. The final revisions to the JPA were reviewed by the city's attorney in December 2006. The Dakota County Administration /Finance /Policy Committee approved the JPA at its meeting on January 9, 2007, and has forwarded it with a recommendation for approval to the Dakota County Board. The Board will act on it this month. JOINT POWERS AGREEMENT FOR ACQUISITION OF LAND FOR PUBLIC LIBRARY IN ROSEMOUNT, MINNESOTA 1 flr. c 3 e This Agreement is entered into this day of 200 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 which is 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 authority 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 2 45 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 warranty deed, 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 The legal description on the warranty deed will be for a platted lot in conformance with paragraph 4(b), below 3. Liability for Debts and Obligations. No party shall do any act or thing, the effect of which would create a lien 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 permit 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. (See also paragraph (q)). (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 irrigation, mowing, trimming, fertilization, chemical treatment, shrub care, and tree maintenance The County will be responsible for installation of the irrigation system and a water meter for the system. The City will be responsible for operation and maintenance of the irrigation system and will pay for the water used for irrigation The County will pay for all other water charges associated 2 with operating the library building Snow removal services are to be performed in accordance with the standards set forth in paragraph (n), below (f) 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, 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 Payment by the City will be made by January 31, 2009 or when a certificate of occupancy is issued for the library, whichever is later. The City will consult with County in the development of the adjacent city property to ensure that the proposed redevelopment does not adversely impact the County library The City will provide the County with an updated abstract of title for the library lot at City's expense. The City will be the lead agency in arranging for the work to be completed to raze and remove the rectory building and office building on the library lot either by City staff or outside contractors hired by the City (g) 3 The City and County will equally split the cost of razing and removing said buildings Deconstruction and disposal of the structures will be performed in accordance with County sustainability standards and waste disposal ordinance. The County will reimburse the City for fifty (50 percent of the cost of building demolition within thirty (30) days of receipt from the City of an itemized invoice (1) 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 (k) The City and County will equally split the cost of constructing a new entry to the south side of the library property, if required The entry will be constructed by contractors hired by the County as part of the building construction project (1) The City and County will equally split the operating and maintenance costs of the library parking lot(s) including repair, overlays and seal coating The City will be responsible for performing repair or maintenance operations based on City standards for parking lot maintenance and will invoice the County for 50 percent of the cost thereof (m) The City will be responsible for annual parking lot sweeping at its expense. The County will be responsible for parking lot lighting and annual parking lot striping at its expense (n) The City will be responsible for cleaning snow and ice from all sidewalks, walkways, parking lots and driveways The City will remove snow and ice accumulations at the same frequency and to the same maintenance standard as those applied to other City -owned facilities, including City Hall (o) The City and County will grant and execute cross parking agreements for shared use of the parking lots on the library site and the adjacent City property, with the exception of designated, reserved parking spaces. The City and County agree to execute a recordable agreement concerning cross parking rights and parking lot light operation prior to the opening of the library. (p) 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. City will consult with County on the design, placement and content 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. (q) The City will waive any and all fees charged by the City related to stormwater ponding, stormwater detention and rate control requirements, including the $9,000 per acre rate control fee for off -site runoff control. Further, the City agrees to waive any stormwater management plan application fees 5. Amortization For and in consideration of the acquisition of the property by the City and the transfer of various property interests to the County as set forth herein, the County and the City agree that the City shall have a lien against the library property for thirty (30) years from the date of transfer to the County as evidenced by execution of this document by the County. The amount of the lien will be the total amount that the City shall pay for acquisition of, and site improvements on, the property, which amount shall be itemized by the City and filed with the County Auditor and the County Recorder's Office. Each year for 30 years, from and after the date of commencement of operation of a library facility on site, the City's lien will be reduced by one thirtieth (1/30) In the event the County operates a library facility for 30 years on the property, the City shall no longer have a lien on the property. If, however, the County should permanently abandon or terminate its library use on the premises, prior to the expiration of 30 years from the date of commencement of operation of a 5 library facility, then the County shall pay to the City, at the time of permanent termination or abandonment, the amount of the lien as then unamortized by the passage of time. 6. 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 7. City Option to Repurchase the Property The City shall have the first right to repurchase the Library property if the County determines in the future that it will sell the property If the County intends to sell the property, it will provide written notice to the City of that decision. The City shall have 90 days thereafter to notify the County that it intends to repurchase the property If the City determines that it does not wish to execute its right to repurchase, or does not act within 90 days of receiving written notice from the County, the City's right to repurchase shall be extinguished If the City exercises its right to repurchase, the parties shall mutually agree upon a date of closing 8. Repurchase Price If the City exercises its right to repurchase the property, the parties shall mutually agree to retain a real estate appraiser to provide an independent market value appraisal of the property The City and County shall share the cost of the appraisal equally The independent appraisal shall establish the fair market value to be paid to the County for the repurchase of the property by the City. Any amount of the unamortized lien granted to the City in paragraph 5, above, will be deducted from the appraised fair market value in determining the purchase price to be paid by the City 9. Nonassignabilitv 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. 10. 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 6 11. Entire Agreement This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations 12. 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 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 It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn Stat. Ch 466, and other applicable laws, govern liability arising from the parties' acts or omissions Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self insurance program and that each has minimum coverage consistent with Minn Stat Ch. 466. 13. 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 origin, 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 7 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 Highway 55 Hastings, MN 55033 Telephone 651- 438 -4438 KJK05 -450 By Mayor Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Chair, Board of Commissioners Date of Signature 8 By: City Clerk Attest Mary S Scheide Clerk to the Board Date of Signature Robert Trail Library Joint Powers Agreement Terms and Conditions Attachment The recommended Joint Powers Agreement includes the following terms and conditions The City agrees to transfer to the County approximately 2 XX acres of property for the Robert Trail Library. The title to the property will be transferred to the County prior to the start of construction The City will re -plat the property creating a lot for the new library, at its expense The City agrees to provide the County with access to the nearest sanitary sewer, storm sewer, and water mains. The City will waive all discretionary City permit fees. The City will provide the customary plan reviews by City staff without charge to the County The City will provide lawn and landscape maintenance service, including lawn irngatron, so long as the County maintains and operates a library on the site The City will provide snow removal services for any parking lots, dnveways, sidewalks and paved areas, so long as the County maintains and operates a library on the site The City agrees to pay for any water charges associated with operating the library. The City will be permitted input into the architect selection process City input will be sought for the design of the building A City Council member will be appointed to the library Design Advisory Committee and a City staff member will be invited to staff design coordination meetings The City will consult with the County in the development of the adjacent city property. The City will provide the County with an updated abstract of title at its expense The City and County will equally share in the cost of deconstructing and disposing of the two existing structures on the property. The City agrees to be responsible for future special assessments that may be levied against the property so long as the County maintains and operates a library on the site The library parking lot will and adjacent city parking lot(s) will be subject to a cross parking agreement for shared use of the parking lots. The City and County will equally share in the operating and maintenance costs of the library parking lot, including repairs, overlays and seal coating. The City will be responsible for annual parking lot sweeping, at its expense. The County will be responsible for lighting and annual parking lot striping. The City and County will equally split the cost of constructing a new entry to the south side of the library property, if the entry is required The City will waive any fees related to stormwater ponding requirements. The County will permit the City to place an appropriate monument on the County library property identifying land uses on the library and adjacent City property The County will grant the City a 30 -year lien against the library property. The amount of the lien will be equal to the amount the City paid for the property and site improvements, and shall be reduced by 1130 for each year the County operates a library on the property The County shall grant the City the first right to repurchase the property if the County determines in the future to sell the property The purchase price shall be determined by an independent appraisal of the property.