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HomeMy WebLinkAbout9.a.Approval of Joint Powers Agreement with Empire Township Relating to Joint Environmental Review for UMore Park DevelopmentAGENDA ITEM: Approval of Joint Powers Agreement with Empire Township Relating to Joint Environmental Review for UMore Park Development AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Community Development Director AG E�D� NO. ATTACHMENTS: Joint Powers Agreement APPROVED BY: D RECOMMENDED ACTION: Motion to Approve Joint Powers Agreement Between the City of Rosemount and Empire Township Relating to Joint Environmental Review for UMore Park Development 9 ROSEMOUNT CITY COUNCIL City Council Meeting Date: February 1, 2010 EXECUTIVE SUMMARY ISSUE The City, Empire Township and the University of Minnesota have been discussing for some time commencement of the environmental review process for development of UMore Park. As has been previously discussed with the Council, the City will be the Responsible Unit of Government associated with the environmental review which will take shape as an Alternative Urban Areawide Review (AUAR). Empire Township has agreed to also let the City take the lead in the review. State rules only allow units of government to act as the RGU. The document attached lays out the understanding of both communities regarding roles and responsibilities for processing the AUAR. DISCUSSION The Council is being asked to approve a JPA that lays out the relationship between the City and Empire Township related to conducting the AUAR for Umore Park development. The City will be the RGU which requires the City to be responsible for the final document and for administering the review process. The JPA also notes that the Township will be involved in the writing, assembly and review of the document prior to distribution to appropriate agencies and the public. Further the Township will be able to review any revisions to the initial draft document and also review any 5 -year updates that will occur over the life of the project. Under the agreement both parties agree to share information including the possibility of shared infrastructure. The City and Township agree not to petition for annexation separately but may by joint petition. The City may annex if one of the following occurs: 1. the land to be annexed is owned by the City; or 2. the City receives a petition from the required number of landowners in the area proposed for annexation; or 3. The City receives an order from the Minnesota Pollution Control Agency for the extension of governmental services as described in Minnesota Statutes, Section 414.0335. The agreement notes that this is an agreement between the City and Township only. While that is true, the University of MN is interested in having the two governmental units in agreement on the process for conducting the AUAR. The term of the agreement is for at a minimum 10 years. At their meeting on January 25, 2011, the Township Board approved the JPA in the format presented to the Council tonight. It is anticipated that the first step in the AUAR process, creation of the development scenarios which will be the basis for the environmental review, should start in the next couple of months. RECOMMENDATION Staff recommends that the City Council approve the Joint Powers Agreement between the City of Rosemount and Empire Township relating to Joint Environmental Review for UMore Park Development. 2 JOINT POWERS AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND EMPIRE TOWNSHIP RELATING TO JOINT ENVIRONMENTAL REVIEW FOR UMORE PARK DEVELOPMENT THIS AGREEMENT is by and between the City of Rosemount, a Minnesota municipal corporation, hereinafter referred to as the "City," and Empire Township, a Minnesota municipal corporation, hereinafter referred to as the "Township." WHEREAS, the University of Minnesota's 5000 -acre UMore Park lies within the City and Township; and WHEREAS, the University of Minnesota's Board of Regents approved a concept master plan for UMore Park for the residential, commercial, industrial, institutional and recreational development of UMore Park; and WHEREAS, the City and the Township mutually desire to preserve and protect long range planning integrity within each community; and WHEREAS, the City and the Township desire to maintain the most efficient levels of public service delivery in furtherance of the protection of the public health, safety and welfare of each of the communities; and WHEREAS, development of UMore Park requires environmental review under Minnesota Rules, Chapter 4410; and WHEREAS, the preferred method of the Parties for environmental review of UMore Park is to prepare an Alternative Urban Areawide Review "AUAR as provided in Minnesota Rules, Chapter 4410; and WHEREAS, Minnesota Rules, Chapter 4410 requires that only one unit of government may act as the Responsible Governmental Unit "RGU in conducting an AUAR; and WHEREAS, it is in the best interest of the City and the Township and their respective residents, property owners, and businesses to develop a Joint Powers Agreement "JPA pursuant to Minn. Stat. §471.59, to foster cooperative planning and joint environmental review in furtherance of the protection of the public health, safety and welfare of each of the communities. NOW, THEREFORE, in consideration of the mutual promises and benefits that each Party shall derive herefrom, the City and Township hereby enter into this Agreement for the benefit of mutual long range planning, pursuant to the terms of this Agreement. Page 1 of 6 378605 CLL RS220 -276 Final ARTICLE I PURPOSE AND GEOGRAPHIC AREA A. Purpose. The Parties desire to cooperate in the joint environmental review and joint long range planning of UMore Park within the City and Township. B. Geographic Area. All of UMore Park located in the City and Township as depicted on Attachment One, which is attached hereto and made a part of this Agreement. ARTICLE II EFFECTIVE DATE, TERM, AND NOTICES A. Effective Date. This Agreement shall be effective from the date both Parties execute the Agreement. B. Term. This Agreement shall remain in effect from the Effective Date until terminated. This Agreement may be terminated by mutual consent at any time and may be terminated by either party on one hundred eighty (180) days' written notice provided the effective date for termination by one party may not be earlier than ten (10) years from the Effective Date. C. Notices. All notices relating to this Agreement shall be in writing and provided to each Party's clerk or administrator. ARTICLE III RESPONSIBLE GOVERNMENTAL UNIT AND COOPERATION A. Responsible Governmental Unit Authority. The Parties desire to jointly participate in the environmental review of UMore Park development. Consistent with Minnesota Rules Chapter 4410, Section 441.0500, only one jurisdiction may act as the RGU for the proposed UMore Park AUAR. The Parties agree that one AUAR will be performed for the entire UMore Park. The parties further agree, subject to the terms and conditions of this Agreement, that the City shall act as the RGU for the UMore Park AUAR. In the event that more than one AUAR is determined to be completed for UMore Park, the Parties agree that future RGU authority determination for any subsequent AUAR(s) overlapping both jurisdictions will require a separate determination by separate agreement or by amendment to this Agreement. The City shall act as the RGU until the UMore Park development is completed in the City. B. Joint Environmental Review. In consideration of the assignment of RGU authority by the Township to the City for preparation the UMore Park AUAR, the Parties agree to the following: 1. The City shall be responsible for the preparation, publication, distribution and decision making of the UMore Park AUAR. Page 2 of 6 378605 CLL RS220 -276 Final 2. The Township shall be copied on all communications between the City and the University of Minnesota and its agents and the Environmental Quality Board on all matters pertaining to the UMore Park AUAR. 3. The Township shall be invited to all significant meetings regarding the planning and preparation of UMore Park AUAR. 4. The Township shall participate in all meetings requested by the City, including staff meetings and City Council meetings. 5. The Township shall provide data and mapping relevant to portions of UMore Park within the Township for the City's use in the preparation of UMore Park AUAR. The parties agree to identify such data collection and preparation prior to preparation of UMore Park AUAR to avoid redundancy in the scope of work. 6. The Township shall be given the opportunity to review and comment on all draft components of the AUAR, including the technical components, the development scenarios, and the mitigation plan. 7. The Township shall be given the opportunity to review and comment on the final draft AUAR prior to its publication in the EQB Monitor. 8. The City shall present the draft AUAR to the Township Board of Supervisors upon request of the Township. 9. The Township shall be invited to review and respond to comments received on the draft AUAR, particularly those comments relative to the Township. 10. The Township shall be given reasonable opportunity to review and comment on the final AUAR and mitigation plan before action on the final documents is taken by the City. 11. The City shall prepare all required subsequent updates to the environmental analysis and mitigation plan, based upon any changes in development plans or assumptions within the AUAR as described in Minnesota Rules Chapter 4410, Section 4410.3610, subpart 7. 12. The Township will be notified and given the opportunity to comment on any updates to the AUAR or mitigation plan prior to the notification and distribution of any amended documents. 13. The City will prepare and distribute the mandatory "5 -year updates" for the AUAR according to Minnesota Rules Chapter 4410, Section 4410.3610, subpart 7. Page 3 of 6 378605 CLL RS220 -276 Final 14. The Township shall be notified and given the opportunity to comment on the "5- year updates" prior to distribution. C. Joint Planning. The City and Township agree to exchange all data generated by the Parties pertaining to future land use, transportation, public utilities, parks, and development concepts within UMore Park. The City and Township agree to investigate shared utilities and services that may be in the best interests of the Parties in the future development of UMore Park. D. Common Boundary. During the term of this Agreement: Neither the City nor the Township will petition for annexation of property within UMore Park under Minnesota Statutes, Section 414.031, Subd. 1(a), except by joint petition of the City and the Township. The City will not annex land within UMore Park by ordinance under Minnesota Statutes, Section 414.033 unless: 1. the land to be annexed is owned by the City; or 2. the City receives a petition from the required number of landowners in the area proposed for annexation; or 3. the City receives an order from the Minnesota Pollution Control Agency for the extension of governmental services as described in Minnesota Statutes, Section 414.0335. ARTICLE IV DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purpose by the Parties because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota rules implementing such act now in force or as amended as well as federal regulations on data privacy. ARTICLE V INDEPENDENT CONTRACTORS The Parties acknowledge that each Party is solely responsible for payment of all wages, benefits, taxes, and insurance on behalf of its employees or agents relating to planning and environmental review in the Geographic Area. It is expressly understood that neither Party can compel the other to perform work, nor shall one Party be obligated to reimburse the other, without mutual consent. Nothing contained in this Agreement can or shall be interpreted as creating an employee relationship between the Parties and no employee of either party shall be considered an employee of the other party. Page 4 of 6 378605 CLL RS220 -276 Final ARTICLE VI INDEMNIFICATION AND INSURANCE A. Indemnification. Each Party (hereinafter referred to as the Indemnifying Party) agrees to defend, indemnify, and hold harmless the other Parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Indemnifying Party and/or those of the Indemnifying Parties' employees or agents. Under no circumstances, however, shall an Indemnifying Party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for all Parties may not be added together to determine the maximum amount of liability for either Party. The intent of this paragraph is to impose on each Party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties from a single occurrence to be defended by a single attorney. B. Insurance. The Parties subject to Minnesota Statutes Chapter 466 shall maintain insurance in an amount no less than the limits of liability under Minnesota Statues Section 466.04, Subd 1 (7) and (8). ARTICLE VII MERGER, MODIFICATION, AND SEVERABILITY A. Merger. The entire Agreement between the Parties is contained here and this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter. B. Modification. This Agreement may be modified or amended only in writing and upon signatures by the Parties. C. Severability. The provisions of this Agreement are deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such finding shall have no effect on any other portion of this Agreement. ARTICLE VIII MISCELLANEOUS A. Headings and Captions. The Parties agree that the headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement. B. Controlling Law. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this agreement and the legal relations between the Parties and performance under it. The appropriate venue and Page 5 of 6 378605 CLL RS220 -276 Final jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. C. Third Parties. This Agreement is between the Township and the City as the only Parties and no provision of this Agreement shall in anyway inure to the benefit of any third person (including the public at large and any property owner, tenant or resident within the Geographic Area) so as to constitute any such person as a third party beneficiary of the Agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. CITY OF ROSEMOUNT EMPIRE TOWNSHIP By: William H. Droste, Mayor By: Amy Domeier, Clerk By: Terry L. Holmes, Chair By: Kathleen B. Krippner, Clerk- Treasurer Page 6 of 6 378605 CLL RS220 -276 Final