HomeMy WebLinkAbout2017-049 Library ServicesRUNUA-0-WAAM
11 LT
MINNESOTA
ggiqilll�i 1� I�pg ; I; I
WHEREAS, on January 1, 2012, the Lake Elmo City Council established public library service for the
City's residents, pursuant to Minnesota Statutes Section 134.07; and
WHEREAS, upon this establishment, the Library Board was appointed by the City Council which
established the Lake Elmo Public Library; and
WHEREAS, the City levies an annual tax on its taxable property for public library service for the library
fund that funds the Lake Elmo Public Library; and
WHEREAS, pursuant to Minnesota Statutes Section 134.07, it has been determined by the City that
public library services in the City will be expanded if the Lake Elmo Public Library becomes a branch of the
Washington County Library System; and
WHEREAS, the Washington County's library system is a member of a "regional public library system"
as d6fined by Minnesota Statutes Section 134.001, subdivision 4; and
WHEREAS, pursuant to Minnesota Statutes Section 134.20, subdivision 3, a city which is excluded from
the county tax supporting the county's regional public library system wider the provisions of Minnesota Statutes
Section 134.20, subdivision 3, may, upon recommendation of its library board and upon action by its city council,
be included in the county tax and become an integral part of the county's regional public library system; and
WHEREAS, at its meeting on May 15, 2017, the City's Library Board made a recommendation that the
City Council that the City be included in the County tax and become an integral part of the County's library
system, provided that the City and the County enter into an agreement with certain terms as set forth in the Library
Board's May 15, 2017 resolution regarding the City's library property and the library services that will be
provided by the County to the City; and
WHEREAS, the City Council desires that the City be included in the County library tax and become an
integral part of the County's library system, provided that the City and the County enter into an agreement with
certain terms as set forth in the Library Board's May 15, 2017 resolution regarding the City's library property and
the library services that will be provided to the City by the County; and
!11111[1 111 1
I! Eii
I City staff is directed to notify the County that the City will turn over the proceeds of its levy for
public library service to the County on the condition that the County approve and execute the
Library Agreement; and
2. The Library Agreement which is attached hereto as Exhibit A is hereby approved and the Mayor
and the City Clerk are authorized to execute it, subject to any changes that are deemed necessary
by the City Administrator or the City Attorney.
499754vl SJS LA515-5
Passed and duly adopted this 1 "n day of May, 2017, by the City Council of the City of Lake Elmo, Minnesota.
�M4ikeear�son, Mays
ATTEST:
4JuJolutis4ityZCierk
4997 4vI 5JS LA515-5
Library Agreement
499754v I SJS LA515-5
This Library Agreement (this "Agreement") is made and entered into this day of
, 2017 (the "Effective Date"), by and between the City of Lake Elmo, a Minnesota
municipal corporation (the "City") and the County of Washington, a Minnesota political subdivision (the
"County").
WHEREAS, on January 1, 2012, the Lake Elmo City Council established public library service for
the City's residents, pursuant to Minnesota Statutes Section 134.07; and
WHEREAS, upon this establishment, the Library Board was appointed by the City Council which
established the Lake Elmo Public Library; and
WHEREAS, the City levies an annual tax on its taxable property for public library service for the
library fund that funds the Lake Elmo Public Library; and
WHEREAS, pursuant to Minnesota Statutes Section 134.07, it has been determined by the City
that public library service in the City will be expanded if the Lake Elmo Public Library becomes a branch of
the Washington County Library System; and
WHEREAS, the County's library system is a member of a "regional public library system" as defined
by Minnesota Statutes Section 134.001, subdivision 4; and
WHEREAS, pursuant to Minnesota Statutes Section 134.20, subdivision 3, a city which is excluded
from the county tax supporting the county's regional public library system under the provisions of
Minnesota Statutes Section 134.20, subdivision 3, may, upon recommendation of its library board and
upon action by its city council, be included in the county tax and become an integral part of the county's
regional public library system; and
496968v6 SJS LAS 15-5
WHEREAS, at its meeting on May 15, 2017, the City's Library Board made a recommendation that
the City not tax for library services and allow the county to tax city residents for library services and for
the City become an integral part of the County's library system; and
WHEREAS, at its meeting on May 16, 2017, the City Council took such action whereby City
yrovided that t
the library services that will be provided to the City by the County; and
A. Effective January 1, 2018, the City shall be included in the County tax and become an integral
part of the County's library system,
B. On January 1, 2018, the County will begin operation in the City with the Lake Elmo Public
Library located at: 3537 Lake Elmo Avenue North, Lake Elmo reverting to a County branch
library.
C. The City agrees that it will not initiate or complete a withdrawal from the County library
system prior to January 1, 2021,
011
E, The County shall install a self -check-out system in the Lake Elmo branch library.
F. The County agrees that upon the City becoming part of the County's library system, the
County will hire all current Lake Elmo Public Library staff. Once hired, the staff will become
County employees and subject to the County's rules and regulations and collective bargaining
agreement • County library employees.
G. The County agrees that it will welcome volunteers at the Lake Elmo library branch in
accordance with the Washington County I ibrary Volunteer Handbook. Volunteers at the Lake
Elmo library branch will be allowed to engage in activities similar to those occurring at other
Washington County libraries, however, volunteers will not be used to displace work being
done by employees and will not have access to private library patron data.
496968v6 SJS LA515-5
H. The County agrees that its library staff will engage with the Friends of the Lake Elmo Library
by periodically attending their meetings and coordinating on activities where appropriate.
1. The County agrees that the Lake Elmo Public Library will not be required to pay for County
library cards effective July 1, 2017.
J. The County will seek access to Metropolitan Library Service Agency (MELBA) resources for City
residents no later than August 1, 2017,
zmzmz[��
A. Effective on January 1, 2018, the City will no longer levy for library services pursuant to
Minnesota Statutes Section 134.07. City residents will instead be assessed the County library
levy.
B. During the period of January 1, 2018 to December 31, 2021, the City agrees that it shall not
impose a library tax pursuant to Minnesota Statutes Section 134.07. The County may enforce
this provision through injunctive relief.
c The City will convey$150,000 of its library funds to the County on January 1, 2018. The County
must use the funds conveyed by the City exclusively for the Lake Elmo branch library. Any
City library funds in excess of $150,000 will be retained by the City and used in accordance
with Minnesota Statutes Section 134.20, subdivision 3, to increase or improve public library
services within the City�
IMMMM=
A. On January 1, 2018, the City shall convey in fee simple absolute by quit claim deed t
property in which the Lake Elmo Public Library is located, khown as 3537 Lake Elmo Avenu
Lake Elmo, Minnesota and the property in which the parking lot for the Lake Elmo Publ
Library is located to the County at no cost to the County by quit claim deed (the "Libra
Property"). The Library Property is legally described on the attached Exhibit A. I Ir
1. The City's conveyance shall include the library building and all fixtures and personal
property that are located on the Library Property, including, but not limited to,
furniture, books and other library materials.
2. The County shall be responsible for the cost of any title searches or title insurance for
the Library Property; the payment of the state deed tax and the cost of the recording
fees for the quit claim deed and the recording of this Agreement. The County shall
be responsible for recording the quit claim deed and this Agreement.
3. The County agrees to accept the Library Property "AS M" The conveyance of the
Library Property is being made without representation of any warranties, express, or
implied, either oral or written, made by the City or any official, employee, or agent of
496968v6 SJS LA515-5
the City with respect to the physical condition of the Library Property, including, but
hot limited to, the existence or absence of petroleum, hazardous substances,
pollutants or contaminants in, on, or under, or affecting the Library Property.
B. The City hereby agrees to waive any building permit fees, plumbing and electrical inspection
fees, and any other fees or charges normally imposed by the City with respect to any
improvements made by the County to the Library Property throughout the term of this
Agreement.
C. The City hereby agrees to pave the Library Property's parking lot at its cost. The City hereby
agrees to provide at no cost to the county, snowpiowing of the Library Property's parking lot
during the term of this Agreement. The County will be responsible for any other maintenance
required with respect to the Library Property, including, but not limited to, the building and
the parking lot. The County shall allow the City to use the parking lot for public parking
purposes during the term of this Agreement. The parties shall enter into a separate
agreement regarding the City's snowplowing obligations and the City's use of the parking lot.
D. Throughout the term of this Agreement, the County shall allow the City to use the community
room space in the library building on the Library Property for use by community groups free
of charge so long as it does not interfere with the County's library programs and is consistent
with the Washington County Library Board policies on the use of meeting rooms. The County
and the City shall enter Into a separate agreement governing the City's use of the community
E. The City agrees that it will consider the Library Property as part of its municipal facilities space
needs study.
A, Throughout the term of this Agreement, the Library Property must be used by the County for
the operation of a public library. "Operation of a public library " shall include the use of the
Library Property by the County for County library administrative offices, storage of County
library supplies and vehicles, and any other use by the County that relates to the providing of
library services to the public.
496968v6 SJS LA515-5
accordance with its policies and procedures for weeding out the library collection or the
disposal of excess property) shall be returned to the City at no cost. The City agrees to
rei*Avrst tXe C#,,.!?-ity tKe-v-,-A#*mt etival t* t�,L- ImArtytri-temts maiie *y th,- C**ntr tv
the library building from January 1, 2018 to the date of :.• The City is not
-1--ani Z MEW -91M.
pill 01-1 In III I I I 111111
the C16 shall recover the 2017 tax value of the Librar • or the sale brice. whichever
A. This Agreement shall terminate upon the County's reconveyance of the Library Property to
the City or sale of the Library Property to a third party pursuant to either Article 4 or Article 5
of this Agreement.
B. The County shall not assign its rights under this Agreement without the written consent of
the City.
This Agreement constitutes the entire a&eement between the City and the County and with
the exception of the additional agreements to be entered into between the County and the
City in regards to the use of the Library meeting rooms and the use and maintenance of the
Library parking lot, there are no other agreements, either oral orwritten, between the parties.
No subsequent alteration, amendment, change, or addition to this Agreement shall be
binding upon the City orthe County unless reduced to writing and executed in the same form
and manner in which this Agreement is executed.
D. Data exchanged between the parties under this Agreement shall be administered in
accordance with Minnesota Statutes Chapter 13 and all data on individuals shall be
"• in accordance with statutory guidelines,
496968v6 SJS LA515-5
E. The provisions of this Agreement are expressly severable, and the unenforceability of any
provision or provisions hereof shall not affect or impair the enforceability of any other
provision or provisions,
141 1 11 t 1 110 11,111, 11, 1 11�
G. This Agreement may be executed in any number of counterparts, each of which shall
constitute one and the same instrument.
K The covenants and agreements contained in this Agreement shall bind the parties' successors
and assigns and shall run with the Library Property. This Agreement shall be recorded against
the Library Property in the property records of Washington County.
496968v6 SJS LA515-5
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on or as of the date
first above written.
CITY OF LAKE ELMO
By. , ..
w ,e.
Mike Pearson
Its:
Mayor
B
gulie
Johnso
Its:
City Clerk
STATE OF MINNESOTA___ }
) ss.
COUNTY OF WASHINGT N �
The foregoing instrument was acknowledged before me this rA day of 19?�Wte
017 by Mike Pearson and Julie Johnson, the Mayor and the City Clerk, respectively,, of the C y of Lake
Elmo, a Minnesota municipal corporation, on behalf of the City.
Iotar/�'llic �
4 6968v6 SJS LA515-5
&MARI'Swillm
By:
Its:
By:
Its:
STATE 0 F M I N N ESOTA
) ss.
COUNTY OF WASHINGTON
The foregoing instrument was acknowledged before me this day of
2017, by - and -, the
and respectively of the County of Washington, a Minnesota political
subdivision, on behalf of the County.
This instrument was drafted by-.
re 411
470 U.S. Bank Plaza
200 south sixth street
Minneapolis, Minnesota 55402
(612) 337-9300
496968v6 SJS LA515-5
III, 11111qgpill
BE
All that part of Lot 31 of County Auditor's Plat No. 8 on file and of record in the office of the County
Recorder, Washington County, Minnesota.
496968v6 SJS LA5153