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HomeMy WebLinkAbout9/24/14 AgendaCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA September 24, 2014 7:00 p.m. A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: September 10, 2014 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 9/18/2014: $178,725.68 Payroll through 9/12/2014: $17,121.22 2. Approval of City Licenses 3. 2015 Debt Reduction from Levy 4. Close the Capital Equipment 2010A Fund (fund 424) to GO Equipment Certificates 2010A Bond Fund (fund 306). 5. Public Entity Innovation Grant – Bulky Waste Collection and Recycling Project 6. GIS User Group Joint Powers Agreement 7. City Commission Appointment G: POLICY ITEMS: H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES September 10, 2014 7:00 p.m. A. CALL TO ORDER: 7:04PM B. ROLL CALL: LINDSTROM __X__ HARRIS __X__ LONG _X___ MERCER-TAYLOR __X__ STAFF PRESENT: FISCHER __X__ PETERSEN __X__ Knutson __X__ C. PRESENTATIONS: D. APPROVAL OF MINUTES: August 13, 2014 APPROVED E. PUBLIC HEARINGS: F. CONSENT AGENDA: Chuck Long Moved, Approval 4-0 1. General Disbursements through 8/28/2014: $49,228.46 Payroll through 8/28/2014: $38,956.59 2. Approval of City Licenses 3. Order Feasibility Report for the 2015 Pavement Management Program G: POLICY ITEMS: 1. Amendment to the Planned Unit Development (PUD) at 1790 Larpenteur Ave. W to allow for a revised site plan, architectural plans, grading, drainage and utility plan and landscaping plan. Beth Mercer-Taylor Moved, Approved 4-0 Chelsea Peterson provided the staff report to the Council and answered questions. Knutson also provided information and answered questions from the council. Terry Egge of the Pohlad Foundation provided information and answered questions. Resident - Kathleen Quinn of 1800 Larpenteur Ave W expressed concerns about snow on the sidewalks during the winter and theft on the current site. 2. Approve 2015 Preliminary Levy Pam Harris Moved, Approval 4-0 Bart Fischer presented the staff report and answered questions from the Council. H. INFORMATION/ANNOUNCEMENTS: Beth Mercer-Taylor Provided an update on the Environment Commission and announced the sustainability event on November 20th from 5:30PM-8:30PM at Silverwood Park in St Anthony. Council Member Pam Harris -Provided an update on the Planning Commission Meeting (8/26/14) -Updated the Council on her participation on the Selection Committee for the vacant City Council seat and thanked the selection committee. Council Member Chuck Long -Provided an update on the Parks Commission Meeting (9/8/14) and gave an update on the parks master plan process -Provided an update on parking and school safety issues on Garden Ave. Mayor Peter Lindstrom -Provided an update on the Little Free Library effort in Falcon Heights. -Provided an update on the Gertrude Esteros Day event at 1666 Coffman. I. COMMUNITY FORUM: J. ADJOURNMENT: 8:06PM *NOTE: The City Council conducted interviews for the vacant City Council seat starting at 5:00 pm. In addition, the City Council conducted a Workshop immediately after the Regular City Council meeting to discuss the candidates. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 9/18/2014: $178,725.68 Payroll through 9/12/2014: $17,121.22 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date September 24, 2014 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approval of City Licenses Description The following individual has applied for a Business License for 2014. Staff has received the necessary documents for licensure. 1.Honest 1 AutoCare Hamline Hoyt Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Applications. Meeting Date September 24, 2014 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Assistant to the City Administrator REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item 2015 Debt Reduction from Levy Description The debt levy is part of the general operating tax levy for the City. At the September 3, 2014, City Council Workshop, discussions were had relating to the reduction of part of the 2015 debt levy and buy down of debt by using some of the city reserve funds. The debt issuances affected are as follows: Payable 2015 Certified Debt Levy Reduction Debt Levy 2010A GO Equipment Certificates 37,485.00 -37,485.00 -0- 2013A GO Improvement 22,529.34 -22,529.34 -0- 2013B GO Equipment Certificates 95,368.88 -25,634.88 69,734.00 At the September 10, 2014, City Council meeting, the Council approved the Preliminary Levy for 2015, which reflects these same changes. It is required by Ramsey County that this additional action be taken by Council Resolution. See attached resolution for reductions in the debt levy. Budget Impact Reductions in debt revenue for 2015 for affected bonds. Attachment(s) Resolution No. 14-18 Action(s) Requested Adoption of Resolution No. 14-18, reducing the 2015 Debt Levy. Meeting Date September 24, 2014 Agenda Item Consent F3 Attachment Resolution No. 14-18 Submitted By Roland Olson, Finance Director CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 24, 2014 No. 14 -18 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION REDUCING THE 2015 DEBT LEVY SCHEDULE FOR: THE $300,000 2010A GO EQUIPMENT CERTIFICATES THE $445,000 2013A GO IMPROVEMENTS THE $715,000 2013B GO EQUIPMENT CERTIFICATES WHEREAS, the City Council has determined to reduce the debt levy for 2015 with reserves NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Falcon Heights that the 2015 debt levies be reduced as follows: Payable 2015 Certified Debt Levy Reduction Debt Levy 2010A GO Equipment Certificates 37,485.00 -37,485.00 -0- 2013A GO Improvement 22,529.34 -22,529.34 -0- 2013B GO Equipment Certificates 95,368.88 -25,634.88 69,734.00 Adopted by the Falcon Heights City Council this ____ day of __________________, 2014. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor September 24, 2014 LINDSTROM ____ In Favor Attested by: ________________________ MERCER-TAYLOR Bart Fischer HARRIS ____ Against City Administrator LONG September 24, 2014 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Close the Capital Equipment 2010A Fund (fund 424) to GO Equipment Certificates 2010A Bond Fund (fund 306). Description A small fund balance remains after the completion of the equipment purchases out of the Capital Equipment Fund. Staff recommends closing the fund and transferring any remaining funds to the GO Equipment Certificates 2010A bond fund to be used for debt service on the original bond. Staff recommends the effective date of October 1st to allow for the third quarter interest being posted. There is an estimated $10,000 balance to be transferred. Budget line item amendments recommended are : Fund 424: Transfer Out: 424-4424-97000 10,000 Fund 306: Transfer In: 306-000-39200 10,000 Budget Impact Close the Capital Equipment 2010A fund and transfer any remaining balance to the GO Equipment Certificates 2010A bond fund. Attachment(s) N/A Action(s) Requested Staff recommends closing the Capital Equipment 2010A Fund (424) to the GO Equipment Certificates 2010A Bond Fund (306) for debt service needs. Also, make the budget line amendments as recommended. Meeting Date September 24,2014 Agenda Item Consent F4 Attachment N/A Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Public Entity Innovation Grant – Bulky Waste Collection and Recycling Project Phase 2 Background Ramsey County has awarded the Cities of Falcon Heights and Lauderdale a grant of up to $60,000 for a continuation of 2013’s joint pilot project for the collection and recycling of bulky waste, including items such as furniture, mattresses and appliances. Ramsey County requires one city to act as custodian of grant funds, and both cities have agreed that Falcon Heights will continue to act in this capacity. Falcon Heights will receive the grant funds from Ramsey County and pay invoices for the project on behalf of both cities. In phase one of the project residents in single family homes with bulky waste items were able to arrange for curbside pickup of a limited number of items, free of charge. It was because of the success of that project that Falcon Heights and Lauderdale have applied for the Public Entity Innovation Grant again this year to continue the program for multifamily residences. The first step of the new phase will take place between now and the end of 2014. In collaboration with Foth Infrastructure and Environment, LLC, surveys and interviews will be conducted with owners, managers, and tenants of multifamily units to determine if a bulky waste pick up program could be successful for these dwellings. Responses will be evaluated and reported to Ramsey County as part of the grant agreement. If the survey results are favorable, the next phase of this project would begin in January of 2015 and run through the summer. A pickup program, similar to the 2013 program, will be designed specifically for and advertised to multifamily units. The ideal timeframe for the pickups is the last week of May-the first week of June, during a large move in/move out weekend for many apartment residents (mainly college students). As financial custodian for the grant funds Falcon Heights needs to implement an agreement for professional services with Foth Infrastructure & Environment LLC, who will serve as consultant on the project. The full cost consultant services, marketing, and waste hauling services will be covered by the grant. City Legal Staff has reviewed and approved both agreements. Budget Impact In-kind contribution of staff time from Chelsea Petersen of approximately 60 – 70 hours over the life of the project (September 2014 – July, 2015). Meeting Date September 24, 2014 Agenda Item Consent F5 Attachment Ramsey County Grant Agreement, Professional Services Agreement Submitted By Chelsea Petersen, Community Development Coordinator Attachment(s)  Grant Agreement with Ramsey County  Professional Services Agreement with Foth Infrastructure & Environment Action(s) Requested Motion to approve the grant agreement between Ramsey County and the Cities of Falcon Heights and Lauderdale, and the agreement between the City of Falcon Heights and Foth Infrastructure and Environment, LLC, for consulting services on the grant project. And authorize the Mayor and City Administrator to sign any related documents. 170617v1 1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this _15th_ day of __September_, 2014, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("City") and FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, a Minnesota limited liability company (“FOTH”), hereinafter referred to as "Engineer". IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the work will be performed in compliance with all applicable codes and engineering standards. The work shall be performed in accordance with the Contract Documents, which includes this Agreement and the Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, and (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated Chelsea Petersen (the “City Representative”), and the Engineer has designated Susan Young (the “FOTH Representative”). The City Representative and the FOTH Representative shall be available as often as is reasonably necessary for reviewing the Services. 3. COMPENSATION. Engineer shall be paid by the City for the services described in Paragraph 1 on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $27,000.00 inclusive of taxes, if any, and reimbursable costs. 4. COMPLETION DATE. The Engineer must complete the services by December 31, 2015, however it is anticipated that work will be complete by July 31, 2015. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Engineer in conjunction with this contract. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, expressed or implied, is 170617v1 2 included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, to the extent caused by the negligent acts or omissions of the Engineer. 9. INSURANCE. Engineer shall secure and maintain such insurance as will protect Engineer from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on a primary any non-contributory basis on the general liability and umbrella policies. The Engineer shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Engineer, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Before commencing work the Engineer shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to the City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer’s intention to cancel this insurance. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall 170617v1 3 comply with Minnesota Statute § 471.425. Engineer must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under 170617v1 4 this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. CITY OF FALCON HEIGHTS FOTH INFRASTRUCTURE & ENVIRONMENT, LLC BY: ______________________________ BY: ______________________________ Peter Lindstrom, Mayor Warren A. Shuros, Client Director BY:______________________________ BY:___ _______________ _ Bart Fischer, City Administrator/City Clerk Curtis L. Hartog, Technology Director Dated: ______________________, 2014. Dated:____September 19, 2014 170617v1 5 EXHIBIT “A” SCOPE OF SERVICES This agreement with Foth Infrastructure and Environment LLC will enable the cities to collaborate in creating a survey for apartment management and a parallel questionnaire for tenants. Foth will conduct the management survey by telephone or in person interviews and assist the cities with setting up an on-line survey for tenants and publicizing the survey. With the assistance of Foth, both cities will collect the following information:  What kinds of bulky items are causing problems for building owners/managers and for residents.  What disposal options are available now and how well are they working.  What kind of communication is taking place between building management and residents regarding bulky waste disposal.  Are residents and building owners/managers interested in a collection and recycling program for bulky waste.  What kind of program would serve the needs of apartment residents and building management.  What would be the practical challenges of collecting bulky waste at these addresses and how much would it cost. Midway through the project, the cities will evaluate whether to conduct a limited bulky waste collection and recycling event for multi-family buildings and how to set up that event. If a pilot is carried out as part of this grant, it will have the same goals and gather the same types of information as our 2013 project. Intermediate reports on study results and a final report will be provided by Foth. The final report will include the following data and evaluations:  Survey results of residents and building owners/managers.  An evaluation of program options based on survey results.  If an RFP is issued, recommendations for its use as a template for other cities.  Education materials used, with recommendations for their use in cities with similar and differing demographics.  The number of participants in the program.  Staff time required to manage the program.  Resident and building management satisfaction with the program.  The amount and type of materials collected.  Items recycled, processed or otherwise disposed of, including reasons for non-recycling.  Efficiency and cost-effectiveness of the program. 170617v1 6 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Budget Phase 2a: Assessment Line Item Total Proposed Amount 1. Staff/Personnel $ -0- Consultant Fees* $13,500 3. Incentives $ -0- 4. Supplies $ -0- 5. Marketing and Communications $1,250 6. Equipment $ -0- 7. Other Expenses $0 8. Total $14,750 170617v1 7 Phase 2b: Pilot Study Line Item Total Proposed Amount 1. Staff/Personnel $ -0- Consultant Fees* $13,500 3. Incentives $ -0- 4. Supplies $ -0- 5. Marketing and Communications $1,250 6. Equipment $ -0- 7. Other Expenses $30,500 8. Total $45,250 *Total Consultant Fees - $27,000 ENGINEER’s services will be provided on a time and materials basis using the rates currently used for ENGINEER’s existing Technical Assistance Project for Ramsey County. ENGINEER will provide services related to this project subject to a total not to exceed cost of $27,000, inclusive of reimbursable costs. Susan Young’s hourly rate will be $120; Dan Krivit’s hourly rate will be $150. Warren Shuros will provide strategic advice, if needed, at a rate of $157/hour; Curt Hartog will serve as technical coordinator at a rate of $140/hour; Debra Casmer will provide project management assistance at a rate of $75/hour; Roni Oman will provide administrative assistance at a rate of $68/hour. ENGINEER will invoice the City for services monthly. Payments are due and payable thirty (30) days from the date of the ENGINEER’s invoice. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item GIS User Group Joint Powers Agreement Background The Ramsey County GIS Users Group is a joint-powers entity that works cooperatively with Ramsey County to provide geographical information system (GIS) information and mapping resources (such as digital orthographic photography) for its member cities. This collaborative organization saves the member cities money, allows cities to share data and technical resources, and provides valuable educational and networking resources for our employees. The following are a few of the benefits to Falcon Heights provided by membership in the Ramsey County GIS User Group: Unlimited access to County parcel data for a fraction of the cost of an individual license with the County. Access to important new datasets that Falcon Heights could not afford alone, including high quality orthogonal aerial photos, Pictometry oblique aerial photos, upgraded street centerline data and county walking and bike trail mapping. Access to high resolution aerial photography, ground contours and physical feature data, jointly funded by the User Group and Ramsey County. Public online mapping website (https://maps.co.ramsey.mn.us/mapramsey) that gives a growing number of citizens, businesses and city staff direct browser access to property maps and other public information without specialized GIS software or expertise. This website is solely supported by member organization dues to the RCGIS. Participation in ongoing and future collaborative GIS projects with other cities, Ramsey County and the Metropolitan Council Access to low cost training and educational opportunities for city staff working with GIS This is the required renewal of the joint powers agreement, which is done every three years. Budget Impact Membership is included in the annual operating budget each year. Attachment(s) Joint Powers Agreement Among Members of the Ramsey County Geographic Information Systems Users Group Action(s) Requested Staff recommends that the Falcon Heights City Council approve the attached Joint Powers Agreement. Meeting Date September 24, 2014 Agenda Item Consent F6 Attachment Joint Powers Agreement Submitted By Chelsea Petersen, Community Development Coordinator JOINT POWERS AGREEMENT AMONG MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (“Agreement”) is entered into pursuant to the provisions of Minn. Stat. §471.59 among Governmental Units for the purposes of forming the Ramsey County Geographic Information System Users Group (“Users Group”). ARTICLE I. INTENT OF THIS AGREEMENT In 1995, an informal alliance, known as the Ramsey County Geographic Information System Users Group (“Users Group”), was formed among Governmental Units interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to establish and enable the Users Group to represent the parties to this Agreement for the purposes of undertaking negotiations and transactions. ARTICLE II. DEFINITIONS Section 1. Members means those Governmental Units that have executed this Joint Powers Agreement and have paid the annual membership dues as provided in Article X. Section 2. Governmental Unit has the meaning set forth in Minnesota Statutes §471.59. Section 3. Users Group means a group made up of one representative of each Member with the powers and responsibilities described in this Agreement. ARTICLE III. GIS BOARD OF DIRECTORS STRUCTURE Section 1. There is hereby created a GIS Board of Directors (Board). Section 2. Each Member shall appoint one person to serve as a Director. Each Member may also appoint a person to serve as an Alternate Director. Members shall notify the Board in writing if the Director or Alternate Director changes. Section 3. The Board shall have the following officers: a Chair, Vice Chair, Secretary, and Treasurer (Officers). Section 4 The Officers will be elected annually by the Board. Section 5. The Officers shall serve on a voluntary basis without pay. Section 6. A quorum will consist of at least 40% of the full membership of the Board, whether or not all vacancies have been filled. Section 7. Decisions of the Board will be made by a majority of the quorum. ARTICLE IV. DUTIES OF THE GIS BOARD OF DIRECTORS Section 1. The Board shall meet at least two times per year. Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date of this Agreement. The organizational meeting shall include: the election of officers; the adoption of by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate; the adoption of the Users Group Budget; review of the operating procedures within this Agreement. Section 3. The Board shall approve and adopt the formula for the distribution of Ramsey County GIS data and the funding of special projects. This formula shall be reviewed annually by the Board. Section 4. The Board shall arrange for and facilitate regular meetings of the Users Group and for Users Group activities. Section 5. The Chair presides at Users Group meetings. The Vice Chair will preside in the absence of the Chair. The Secretary is responsible for recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board. Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. Section 8.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of the Users Group and its constituent Members. Section 9. The Board may: (i) Enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law; (ii) Provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; (iii) Employ such persons as it deems necessary on a part-time, full-time, or consultancy basis; (iv) Purchase, hold, or dispose of real and personal property; (v) Contract for space, commodities or personal services with a Member or group of Members; (vi) Accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto; (vii) Appoint a fiscal agent. ARTICLE V. NEW MEMBERS Section 1. Any Governmental Unit that is not a party to the initial Agreement may join as a Member at any time. Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign this Joint Powers Agreement. Section 3. New Members will pay the current one-time membership fee and the annual membership dues for the year in which the new Member is joining, as set by the Board pursuant to Article IV, Section 3, as calculated by the current formula. Fees will not be pro-rated for new Members who join after January 1 of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey County for the County GIS Data. Components will include the collection of aerial photography and maintenance of digital physical features derived from aerial photography. Section 2. The GIS Data should consist of the following components generated and maintained by the County: (i) The Ramsey County Digital Base Map; (ii) The Ramsey County Attribute Database; (iii) The Physical Features Data. Section 3. The Board shall determine whether it is satisfied with the content, accuracy, and timeliness of the data provided to Ramsey County. ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting Member for the requesting party’s own use where that GIS data has been in some way derived and/or developed from the County GIS Data accessed through this Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member any attribute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any buildin g permit data requested by Ramsey County for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. ARTICLE VIII. DATA ACCESS AND USAGE Section 1. All Members shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members may not be sold in its original form to third party agencies. However, a Member may allow use of the original data by a third party for specific contracted purposes. Section 3. Data which results from enhancement of Ramsey County GIS Data by a Member, received pursuant to this Agreement, may be made available to a third party. Section 4. All Members will adhere to future Users Group license agreements for County or other agency GIS data. ARTICLE IX. DATA SECURITY All Members agree to abide by the data privacy and data security standards of the Member when using Ramsey County GIS Data or any derivative or enhancement of the data. ARTICLE X. FINANCIAL MATTERS Section 1. The fiscal year of the Users Group is the calendar year. Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July 1 of each year for each succeeding year. The Board will give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member. Section 3. Operational costs shall be shared according to a method agreed upon by majority decision of the Board of Directors. The costs could be met by membership dues. These costs could include Users Group administrative costs, purchase of liability insurance, and others as appropriate. Section 4. Membership Fee: New Members shall pay a one-time membership fee of $500 to the Users Group for the calendar year in which they are accepted into the User Group. The amount of this fee shall be reviewed and set annually by the Board of Directors for new Members. Section 5. Annual Membership Dues: Members shall commit to payment of Annual Membership Dues, except where limited by State Statutes. Section 6. Special Projects Assessments: Members who wish to enter into special projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Board, those Members who are part of the project will be assessed to meet the cost of the project. Section 7. Billings to the Members are due and payable no later than 60 days after the receipt of the invoice. In the event of a dispute as to the amount of a billing, a Member must nevertheless make payment as billed to preserve membership status. The Member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users Group’s right to receive payment survives termination of membership. ARTICLE XI. TERM Section 1. The Term of this Agreement is January 1, 2015, through December 31, 2017. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2017 and be agreed upon and signed on or before December 31, 2017. ARTICLE XII. TERMINATION Each Member shall have the right to terminate its membership and participation in the Users Group by formal resolution of the Member’s organization and communicated to the Board in writing. However, the Member is still obligated to its financial commitments for the year during which termination of membership occurs. These commitments include: (i) Any balance of the Annual Membership Dues. This commitment applies to all Members; (ii) Any balance owing on Special Projects Assessments. This commitment applies to Members which have entered into any special project agreement(s). Termination of membership prior to expiration of the Agreement shall make the Governmental Unit ineligible to re-join the User Group during the Term of this Agreement. ARTICLE XIII. DISSOLUTION Section 1. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatory when the Secretary has received certified copies of resolutions adopted by the governing bodies of the required number of Members requesting dissolution. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be charged to and paid by the then existing Members in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO DOCUMENTS Until the expiration of six years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relating to this Agreement. ARTICLE XV. HOLD HARMLESS Section 1. Each Member agrees to defend, indemnify, and hold the other Members harmless from any claims, demands, actions or causes of action, including reasonable attorney’s fees, against or incurred by such other Members, for injury to, death of, or damage to the property of any third person or persons, arising out of any act or omission on the part of the indemnifying Member or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members under the terms of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by any Member, the Users Group of any limitation of liability under Minnesota Statutes Chapter 466, or other statutory or common law immunities, limits, or exceptions on liability. Section3. Under no circumstances, however, shall a Member be required to pay on behalf of itself and other Members, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Member. The limits of liability for some or all of the Members may not be added together to determine the maximum amount of liability for any Member. ARTICLE XVI. EQUAL EMPLOYMENT OPPORTUNITY The Members and the Users Group agree to comply with all federal, state, and local laws, resolutions, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability, or age. ARTICLE XVII. DATA PRACTICES Section 1. All data collected, created, received, maintained, or disseminated for any purpose in the course of either the Member’s or the Users Group’s performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and the Users Group agree to abide strictly by these statutes, rules, and regulations. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this ____ day of ___________, _________. ORGANIZATION ______________________________________ Approved: By:___________________________________________________ ( Mayor / Chair / President ) By:___________________________________________________ ( City Manager / Administrator ) DESIGNATED DIRECTOR TO REPRESENT ORGANIZATION: Name:____________________________________ Phone:____________________________________ Email:__ __________________________________ ALTERNATE DIRECTOR (IF APPLICABLE): Name:____________________________________ Phone:____________________________________ Email:____________________________________ By:___________________________________________________ ( Chair of Users Group ) REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item City Commission Appointment Description I recommend Clem Kurhajetz be appointed to the Falcon Heights Neighborhood Commission. Budget Impact N/A Attachment(s) Clem Kurhajetz’s application. Action(s) Requested Approval of the above appointment. Meeting Date September 24, 2014 Agenda Item Consent F7 Attachment Application Submitted By Mayor Peter Lindstrom