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HomeMy WebLinkAbout3.a. Empire Township Joint Power Agreement4ROSEMOUNT CITY COUNCIL City Council Work Session: October 13, 2010 EXECUTIVE SUMMARY " AGENDA SECTION: AGENDA ' ITEM: Empire Township Joint'Power Agreement Discussion I PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director ATTACHMENTS: JPA Outline dated 10/5/10 APPROVED BY: RECOMMENDED ACTION: Discussion Item DISCUSSION The City in partnership with the University of MN will begin the Alternate Urban Areawide Review (AUAR), the environmental review process for the UMore property. The City will be the Responsible Governmental Agency (RGU) and the two parties are working on a task list and division of labor agreement. Additionally, recent conversations with Empire Township representatives have indicated they are comfortable with including the Empire Township land in the proposed AUAR and having the City take the lead. Empire representatives will contribute to the crafting and review of the AUAR document. They have also requested a JPA with'the City to lay out their understanding of the AUAR responsibilities and desire for cooperation. They have also asked that community boundary adjustments be addressed in some fashion by noting that any adjustments would occur through mutual consent and cooperative planning. It is. suggested that the term of the JPA be for 25 years. Staff is requesting any feedback to the general outline attached. Staff has had some internal discussions about the proposal and feels it may be better to limit the JPA to 10 years instead of the longer 25 years proposed. The main reason for this deviation is that it is very, difficult to predict the future, and with a huge undertaking such as the UMore Park development it is difficult to anticipate too far into the future. RECOMMENDATION Provide Staff direction. RECITALS a Outline for Joint Powers Agreement Between the City of Rosemount and Empire Township Relating to Joint Environmental Review for UMore Park Development 1St Draft 1015110 • UMore Park in both communities • UMore Park "Concept Master Plan • Communities desire long range planning integrity • Communities desire efficient services and cooperation • Environmental review required; AUAR preferred • EQB Rules require one RGU • Best interest of communities to consider cooperative planning & environmental review for UMore Park AGREEMENT 1. Purpose /Geographic Area • Purpose: The parties desire to cooperate in the joint environmental review and joint long range planning of UMore Park within the.City and Township • Geographic Area: All of UMore Park located in the City and Township 2. Date/Term/Notices • Effective Date: Effective from the date both parties execute the agreement • Term: 25 years from the effective date. The JPA may be terminated at any time upon mutual written consent. {Date needs to last the likely span of development — AUAR updates every 5 years} • Notices: All notices shall be in writing and provided to each party's clerk or administrator 3. Responsible Governmental Unit and Cooperation • Minnesota Rules Chapter 4410, Section 441.0500, allows only one jurisdiction to act as the RGU for the proposed AUAR • Empire agrees to assign its RGU authority for, the joint planning /environmental review • Itemize the specific agreements for joint participation in the AUAR under Rosemount's authority • Itemize concepts for the joint review of UMore Park development plans and cooperative planning for land use, transportation, public utilities, etc. • Agree that there will be no boundary adjustments in UMore Park except by mutual consent and cooperative planning - A. Data Practices — this is a typical provision the attorneys may recommend 5. Independent Contractors — this should be included to indicate neither community (or its agents) works for the other or are obligated'to cover the other party's costs or expenses 6. Indemnification and Insurance — this is another typical provision the attorneys may recommend 7. Merger, Modification and Severabilily — this is another typical provision the attorneys may recommend 8. Miscellaneous — this is another typical provision the attorneys may recommend for special issues SIGNATURES