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CC PACKET 05222012
CITY OF ST. ANTHONY CITY COUNCIL MEETING AGENDA MAY 22, 2012 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration. Discussion, and PossibleAction on All of the foRosvingitems: I. Approval of the May 22, 2012, City Council Meeting Agenda. (action requested) II. Proclamations and Recognitions. (nonctionrequested.) III. Consent Agenda. These items are considered aoutiue and wall be enacted by are motion. There will be no separate discussion of Time items unless a Courtalmember or citizen so requests, itt which event the iteiu will be removed fmm the Consent Agenda and placed elsewhere on The agenda. A. Approval of May 8, 2012, Council Meeting Minutes. (pp. 1-6) B. Licenses and Permits. (pp. 7-8) C. Claims. (pp. 9-12) D. Resolution 12-047; Approval of a Shared Service Agreement with Mississippi Watershed Management Organization (MWMO) for Financial Services. (pp. 13-24) E. Resolution 12-048; Approval of an Agreement with the City of New Brighton for Human Resources Services. (pp. 25-32) F. Resolution 12-049; Accepting a Donation from the Kiwanis Club of St. Anthony for the St. Anthony Fire Department to Assist in Purchasing Fire Equipment. (pp. 33-36) G. Approval of a Joint Powers Agreement between the Minnesota Department of Public Safety Bureau of Criminal Apprehension and the St. Anthony Police Department for eCharging Adapter Installation. (pp. 37-44) IV. Public Hearing. V. Reports from Commission and Staff. VI. General Business of Council. A. Resolution 12-050; Accepting July 2011 Flood Investigation and Stormwater Modeling Report. Todd Hubmer, WSB & Associates is presenting. (pp. 45-60) B. Resolution 12-051; Authorizing the Mayor and City Manager to Enter into an Agreement with Rice Creek Watershed District. Todd Hubmer, WSB & Associates is presenting. (pp. 61-78) VII. Reports from City Manager and Council members. VIII. Community Forum. Individual may address the Crty Counal abaut any item not included ors the regular agenda. Speakers are requ®skd to come to the podium, sign their name and address on the form at the podlnm, state their name and address for the Ckrk's record, and limit their remarks to f m minutes. Generally, the City Council will not take o�aal action on flew dismissed at thia trme, but may -opirally refer I& matter to staff for a frihire report or direct the matter to be schedukd on an apcaming agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable communifif, a walkable village, which is sustainable, safe and secure. F:1Counci3 Meetings12012105222012\agendapg#.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTI IONY CITY COUNCIL REGULAR MEETING MINUTES MAY 8, 2012 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL. Present: Mayor Faust; Councilmembers Gray, Roth, and Stille. Absent: Councilmember Jenson. Also Present: City Manager Mark Casey, Director of Public Works Jay Hartman, and City Engineer Todd Ilubmer. Guests: Stacie Kvilvang (Ehlers & Associates) and University of Minnesota Sustainability Minor Students. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF MAY 8, 2012, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the City Council Meeting Agenda of May 8, 2012. Motion carried 4-0. II. PROCLAMATIONS AND RECOGNITIONS. A. Proclamation for National Police Week, May 13-19, 2012. Councilmember Gray recited the Proclamation to Recognize National Police Week. Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the Proclamation to Recognize National Police Week 2012 and to I-lonor the Service and Sacrifice of those Law Enforcement Officers Killed in the Line of Duty while Protecting our Communities and Safeguarding our Democracy. Motion carried 4-0. III. CONSENT AGENDA. A. Consider April 24, 2012, Council meeting minutes and April 24, 2012, Closed Session Meeting Minutes; it 2 City Council Regular Meeting Minutes May 8, 2012 Page 2 1 B. Consider licenses andep rmits; 2 C. Consider payment of claims: 3 D. Consider Adopting Policy for Remote Access; and 4 E. Consider Adopting Post Issuance Debt Compliance Policy and Procedures. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Manager Casey explained that the Remote Network Access Policy addresses access to the City's network server and is intended to minimize risk associated with remote access. He stated the policy provides that users cannot use their personal computers for remote access and their VPN access must be managed by a City -owned computer in order to ensure the server is not compromised. He stated the policy also allows the City to terminate remote access for violation of the policy. I -Ie indicated users cannot be on the server for more than 12 hours at a time and outside vendors are required to follow the policies and procedures outlined in the Policy. He also explained that the Post Issuance Debt Compliance Policy was prepared due to an IRS regulation requiring cities to formally adopt a policy and to state that the policy is in place. He added the City currently has a post issuance debt compliance policy in place and the written policy acknowledges the existence of this policy Motion by Councilmember Roth, seconded by Councilmember Gray, to approve the Consent Agenda items. Motion carried 4-0. IV. PUBLIC HEARING. None. V. REPORTS FROM COMMISSION AND STAFF. None. VI. GENERAL BUSINESS OF COUNCIL. A. GreenStep Presentation by University of Minnesota Sustainability Minor Students. City Manager Casey advised that staff has been working with students in the University of Minnesota Sustainability Minor class on the GreenStep Cities Program and it has been a great experience for both City staff and the students. He stated this work has required a minimal investment by the City which has been beneficial to both the students and the City and there are plans to continue this type of effort in the future. Mr. Evan Harris thanked the City Council for allowing them to present their work. Ile stated that their studies focused on the Minnesota GreenStep Cities framework to help cities achieve their sustainability goals through implementation of 28 best practices. He explained the best practices are sorted into five categories, including buildings and lighting, land use, transportation, environmental management, and economic and community development, and these best practices are divided into action steps for a city to complete in order to receive l[I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes May 8, 2012 Page 3 GreenStep recognition. He stated the City is currently at Step 2 out of three steps and the City has completed 16 out of 28 best practices. He advised the City has converted all traffic signals to energy efficient LED, has seen a 50% reduction in paper towels through the use of bathroom hand drivers, has adopted a policy to purchase only EnergyStar certified appliances and paper that is made of 30% recycled material, has supported a winter and summer farmers market, and has regularly replaced or added boulevard and park trees. He also congratulated the City on its water reuse plans which are highly regarded in the community. Mr. Addison Lewis explained that their work focused on determining what it would take for the City to get to Step 3 and they completed an inventory of best practices and additional steps needed to reach Step 3. He stated they had discussions with staff from the Minnesota Pollution Control Agency (MPGA) to help determine what would be required and the student's primary role was to serve as a source of communication between the City and GreenStep representatives. He advised they presented a report to staff identifying steps to move forward to Step 3 and ideas included adopting an environmentally friendly purchasing policy, agreeing to purchase paper that is at least 30% recycled material, and continued EnergyStar purchases. He stated that a preliminary review done by the MPCA indicates the agency will recommend the City for Step 3 approval and this will be followed by a final review by the League of Minnesota Cities. He noted that there are currently no other cities that have reached Step 3 recognition and pending approval by the League, St. Anthony will be the first city to reach the Step 3 level. He presented a poster made by the students for the Sustainability Communities conference held in March and stated other city officials were interested and encouraged about what has been done here and are excited to get started in the GreenStep program using St. Anthony as a role model. Ms. Caroline Gwinn congratulated the City on its work to make sustainability a priority and stated they were proud to assist the City in its efforts. She explained that they looked at ways to further the City's momentum in the GreenStep Cities program and what it would take to become a Step 4 city. She noted that Step 4 does not yet exist, but if Step 4 is implemented, it may be based on the star system found on the GreenStep Cities website. She discussed the best practice related to adoption and implementation of a comprehensive plan and the City's 2008 comprehensive plan could be used to target sustainability by seeking community input and implementing a direct set of goals based on the comprehensive plan. She stated another best practice related to mixed uses includes a three -star item on the GreenStep Cities website which suggests bringing in a Minnesota Design Team charrette to participate in an intensive three day event that includes designing and planning new sustainability plans. She stated another area to consider is improving the City's air quality ordinance to organize the ordinance in a way that citizens can easily obtain information on how to get a permit, etc., rather than providing a link to the Fire Department website. She also suggested the City review a State of Washington local air quality ordinance that the EPA is considering using as a model. She stated that the best practice related to local food requires a city to report on the percentage of residents living within a Y4 mile radius of a local food source. She indicated that the City could receive credit for its farmers market near the Apache Plaza housing development. She stated the students were pleased to spend time working with the City and they had a great time. Councilmember Stille thanked the students for spending time with the City and was hopeful that the experience was mutually beneficial. He stated that many of the things on the best practices 4 City Council Regular Meeting Minutes May 8, 2012 Page 4 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VII. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 list have already been talked about by the City, such as air quality, and it will be helpful to review the State of Washington air quality ordinance. He indicated the City is always open to suggestions from the community and the City is looking for a place to put a community garden. He stated the City is proud to be one of seven cities to go directly to Step 2 recognition. Councilmember Gray thanked the students for their hard work and thanked Public Works Director Hartman and his staff for their work with the students. Mayor Faust stated he was proud of the student's work at the March 23 sustainability symposium and their work in helping the City get to the next level of GreenStep recognition. He indicated he was grateful for their work and their efforts will help engage the public and give the City new ideas. He asked the students about their first impressions of the City's sustainability efforts. Mr. Sam Schroeder indicated he was amazed by what the City has already accomplished in its sustainability efforts and was pleased to see how enthusiastic everyone was about the GreenStep program. He stated it was a great experience to work with the City and was hopeful that the City would continue to work with college students on these types of programs. Mr. Addison Lewis stated it was refreshing to see the City Council so energetic about sustainability and added that some of the other students in their class were working in communities that were not as receptive about the GreenStep program. Mayor Faust congratulated the two students who were graduating and thanked all of them for their efforts. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey reported that staff has been engaged in discussions with MWMO about performing financial duties for MWMO under the direction of Finance Director Rueekert. Ile stated that a shared services agreement will be presented to the City Council at an upcoming meeting. He reported that as part of the reorganization of administrative staff, he has reached out to New Brighton to partner with them on human resources functions and a shared services agreement will be presented to the City Council in the near future. He added with the City's limited resources, staff will continue to explore partnerships that will maintain quality City services in the most effective and efficient manner possible. Councilmember Roth reported on his attendance at the May 3`d cable commission meeting and the May 71' City Council worksession. Councilmember Stille reported on the City Council's participation in the City's clean-up day on Saturday, May 5"'. Councilmember Gray — No report. Mayor Faust reported on his attendance at the following: • April 26°i Metro Cities amoral meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 City Council Regular Meeting Minutes May 8, 2012 Page 5 • May 3`1 meeting at the Minneapolis Club to welcome the Finland Ambassador. • May 5°i clean-up day. He thanked City Manager Casey, Public Works Director Hartman, Fire Chief Malenick, and all City staff for their help. He also thanked residents for participating in clean-up day. • May 7°i City Council worksession. • He reported that the MWMO approved an agreement today with the City for payroll services. VIII. COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. FIearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust presented a "Going Green" pamphlet available to residents and stated that anybody in the seven county metro area can go to the Twin Cities Army Ammunition plant to get rid of paint, gas, and other materials listed in the pamphlet. He indicated the pamphlets are available at City Hall. He added that all St. Anthony residents can take their yard waste to the Arden Hills site. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:39 p.m. Respectfully submitted, Barbara Hughes TimeSaver OJJ'Site Secretarial, Inc. ATTEST: City Clerk Mayor 5 0 THIS PAGE LEFT INTENTIONALLY BLANK Saint Anthony Village DATE: May 22, 2012 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: & Labeau Signs, Corcoran, MN bow Treecare, Minnetonka, MN Cub Foods, 3930 Silver Lake Rd Wal*Mart, 3800 Silver Lake Rd WA THIS PAGE LEFT INTENTIONALLY BLANK US BANK CITY OF ST. ANTHONY CHECK REGISTER 9 VENDOR PAYEE CHECK # DATE AMOUNT .0388 POUCHER/CRAIG 17646 5/1/2012 $23.59 .0389 ERICKSON/MARK D 17648 5/15/2012 $96.93 20 AA BATTERY CO 17649 5/23/2012 $31.50 9250 AMERICAN MESSAGING 17650 5/23/2012 $185.94 9943 ARAMARK 17651 5/23/2012 $124.98 4687 ASPEN WASTE SYSTEMS INC 17652 5/23/2012 $110.43 4293 BELLBOY CORP. 17653 5/23/2012 $23,064.03 9778 BERNICK'S 17654 5/23/2012 $2,720.52 8555 BIFFS, INC. 17655 5/23/2012 $191,93 9648 BOUND TREE MEDICAL LLC 17656 5/23/2012 $63.01 9703 BOYER TRUCKS LAUDERDALE 17657 5/23/2012 $264.99 7168 BOYER TRUCKS, INC. 17658 5/23/2012 $41.40 7253 BRAKE & EQUIPMENT WAREHO 17659 5/23/2012 $3.56 4231 CAPITOL BEVERAGE SALES 17660 5/23/2012 $17,035.72 9953 CASEY/MARK 17661 5/23/2012 $98.00 8291 CDW COMPUTER CENTER, INC 17662 5/23/2012 $10,637.81 2380 CENTERPOINT ENERGY 17663 5/23/2012 $2,559.46 9907 CENTURYLINK 17664 5/23/2012 $355.97 4080 CHISAGO LAKES DISTRIBUTI 17665 5/23/2012 $1,855.66 9056 CITY OF ROSEVILLE 17666 5/23/2012 $5,494.56 8275 CITY OF ST. PAUL 17667 5/23/2012 $654.65 4095 COCA COLA BOTTLING COMPA 17668 5/23/2012 $482.72 9902 COLUMBIA HEIGHTS ACE HAR 17669 5/23/2012 $5.54 4101 COMMERS CONDITIONED WATE 17670 5/23/2012 $105.65 9820 CRYSTAL SPRINGS ICE 17671 5/23/2012 $529.64 8557 DAILEY DATA & ASSOCIATES 17672 5/23/2012 $31.25 1411 DON HARSTAD CO., INC. 17673 5/23/2012 $296.62 820 DORSEY & WHITNEY 17674 5/23/2012 $24,343.03 4132 ELABORATE PAINTING 17675 5/23/2012 $525.00 9604 EMERGENCY VEHICLE SERVIC 17676 5/23/2012 $7,522.76 9798 FERGUSON WATERWORKS 17677 5/23/2012 $28.15 9824 FIRE SAFETY USA, INC. 17678 5/23/2012 $512.50 9236 FSH COMMUNICATIONS 17679 5/23/2012 $64.13 1030 G & K SERVICES INC 17680 5/23/2012 $643.66 1110 GENERAL INDUSTRIAL SUPPL 17681 5/23/2012 $51.76 1180 GOODIN COMPANY 17682 5/23/2012 $251.12 9854 GOPHER STATE ONE CALL 17683 5/23/2012 $313.25 8221 HEDBACK, ARENDT, KOHL 17684 5/23/2012 $3,500.00 8944 HENN CNTY INFO TECH DEPT 17685 5/23/2012 $2,561.53 9932 HENNEPIN COUNTY TREASURE 17686 5/23/2012 $239.61 9160 HEWLITT PACKARD COMPANY 17687 5/23/2012 $584.61 4207 HOHENSTEIN'S, INC 17688 5/23/2012 $5,445.90 8252 HOME DEPOT CREDIT SERVIC 17689 5/23/2012 $81.11 4105 INLAND TRS PROPERTY MANA 17690 5/23/2012 $1,704.93 8658 INSTRUMENTAL RESEARCH, 1 17691 5/23/2012 $85.50 I= CITY OF ST. ANTHONY CHECK REGISTER VENDOR PAYEE CHECK# DATE AMOUNT 9390 IQNECTION INTERNET SERVI 17692 5/23/2012 $80.50 4125 1J TAYLOR DISTRIBUTING 17693 5/23/2012 $43,311.56 4220 JOHNSON BROTHERS LIQUOR 17694 5/23/2012 $37,634.19 9598 KONICA MINOLTA BUSINESS 17695 5/23/2012 $100.00 9971 KUECHLE UNDERGROUND 17696 5/23/2012 $250,218.21 7143 LARSON/ROGER A 17697 5/23/2012 $56.25 9802 LEHNE'S TIRE SERVICE, IN 17698 5/23/2012 $314.00 9729 LIFT BRIDGE BEER CO. 17699 5/23/2012 $140.00 2040 LILLIE SUBURBAN NEWSPAPE 17700 5/23/2012 $117.50 8254 LMCIT%BERKLEYADMINIST 17701 5/23/2012 $10,000.00 8229 LOFFLER BUSINESS SYSTEMS 17702 5/23/2012 $839.06 9602 LUCKING MACHINE, INC. 17703 5/23/2012 $40.00 4242 MEDIAWORKS ADVERTISING 17704 5/23/2012 $1,150.00 8245 METRO FIRE 17705 5/23/2012 $25.49 8467 MIDWAY FORD 17706 5/23/2012 $103.41 2280 MIDWESTASPHALT CORP 17707 5/23/2012 $1,970.00 7131 MINNESOTA DEPT OF HEALTH 17708 5/23/2012 $55.00 9195 MISTER CAR WASH 17709 5/23/2012 $60.18 2395 MTI DISTRIBUTING, INC 17710 5/23/2012 $325.28 5232 MURPHY'S SERVICE CENTER 17711 5/23/2012 $15.56 8883 NEW FRANCE WINE COMPANY 17712 5/23/2012 $113.50 4334 NORTHEASTER 17713 5/23/2012 $499.00 45 OFFICE DEPOT 17714 5/23/2012 $572.53 9615 PAETEC 17715 5/23/2012 $93.30 4354 PAUSTIS & SONS 17716 5/23/2012 $2,726.63 4360 PHILLIPS WINE & SPIRITS 17717 5/23/2012 $9,415.91 4361 PINNACLE DIST. 17718 5/23/2012 $154.00 9384 RAMY TURF PRODUCTS 17719 5/23/2012 $82.30 9119 RECHECK 17720 5/23/2012 $15.00 9680 SENSUS METERING SYSTEMS 17721 5/23/2012 $776.56 9708 SHI INTERNATIONAL CORP. 17722 5/23/2012 $504.45 8199 SIGNATURE CONCEPTS, INC. 17723 5/23/2012 $1,630.97 8725 SITARZ/MARK 17724 5/23/2012 $51.47 8042 SOURCEONE GRAPHICS, INC. 17725 5/23/2012 $86.88 9972 SOUTH METRO PUBLIC SAFET 17726 5/23/2012 $29.00 9843 SOUTHERN WINE & SPIRITS 17727 5/23/2012 $9,124.78 4782 ST ANTHONY VILLAGE CENTE 17728 5/23/2012 $367.92 8969 STAN MORGAN & ASSOCIATES 17729 5/23/2012 $3,384.04 2420 STAR TRIBUNE 17730 5/23/2012 $60.32 3490 STREICHER'S 17731 5/23/2012 $1,211.00 4780 SURLY BREWING CO 17732 5/23/2012 $2,267.00 3260 T A SCHIFSKY & SONS 17733 5/23/2012 $503.79 9842 TASC - CLIENT INVOICES 17734 5/23/2012 $100.00 9264 TAUTGES REDPATH, LTD. 17735 5/23/2012 $28,640.00 7337 TIMESAVER OFF SITE SECRE 17736 5/23/2012 $263.10 9934 TOUCHLESS TUNNEL WASH 17737 5/23/2012 $52.90 US BANK CITY OF ST. ANTHONY CHECK REGISTER 11 VENDOR PAYEE CHECK # DATE AMOUNT 3560 TRACY PRINTING 17738 5/23/2012 $160.10 9580 TWIN CITIES FLAG SOURCE, 17739 5/23/2012 $151.76 8449 TWIN CITY GARAGE DOOR 17740 5/23/2012 $268.09 9588 U.S. BANK 17741 5/23/2012 $45.00 9590 U.S. BANK (PURCHASING 17742 5/23/2012 $2,376.60 8010 UNIFORMS UNLIMITED 17743 5/23/2012 $336.50 8336 UNITED ELECTRIC COMPANY 17744 5/23/2012 $172.23 8561 UNITED RENTALS NORTHWEST 17745 5/23/2012 $23.07 8270 UNITED STATES POSTAL SER 17746 5/23/2012 $700.00 8227 VERIZON WIRELESS 17747 5/23/2012 $452.40 4451 VINOCOPIA 17748 5/23/2012 $949.42 9702 W.D. LARSON COMPANIES LT 17749 5/23/2012 $12.38 9366 WAL-MART BUSINESS CENTER 17750 5/23/2012 $874.18 4494 WASTE MANAGEMENT OF WI -M 17751 5/23/2012 $723.31 8887 WELLS FARGO BANK MACN93 17752 5/23/2012 $400.00 8316 WINE COMPANY/THE 17753 5/23/2012 $1,069.60 8310 WINE MERCHANTS INC 17754 5/23/2012 $3,912.08 4175 WIRTZ BEVERAGE - (GRIGGS 17755 5/23/2012 $18,016.81 9734 WIRTZ BEVERAGE MINNESOTA 17756 5/23/2012 $20,458.96 4505 WORLDWIDE CELLARS 17757 5/23/2012 $438.00 8273 WSB & ASSOCIATES, INC. 17758 5/23/2012 $21,308.25 2680 XCEL ENERGY 17759 5/23/2012 $10,435.07 7325 YOCUM OIL COMPANY, INC. 17760 5/23/2012 $14,961.99 9711 Z WINES USA LLC 17761 5/23/2012 $82.50 TOTAL $623,135.45 12 THIS PAGE LEFT INTENTIONALLY BLANK 13 m ary i la CJ Report Date: Meeting Date: May 22, 2012 May 22, 2012 ITEM DESCRIPTION: Resolution 12-047; Approval of a Shared Service Agreement with Mississippi Watershed Management Organization (MWMO) for Financial Services. MANAGER'S REVIEW: The attached Shared Service Agreement and Resolution is for financial services with the MWMO. The City of St. Anthony will perform the scope of services as described in Exhibit A. The City will be compensated for these services as described in Exhibit B. This agreement will automatically renew annually and has the option of termination with ninety (90) days prior written notice to the other party. Mark Casey City Manager Attachments: • Resolution 12-047; Approval of a Shared Services Agreement with the Mississippi Watershed Management Organization (MWMO) for Financial Services • Shared Services Agreement FACouncib Mcetings120121052220121staff shared services agreement MWMO.docx - 1 - 14 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY RESOLUTION 12-047 APPROVAL OF A SHARED SERVICES AGREEMENT WITH THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (MWMO) FOR FINANCIAL SERVICES WHEREAS, Minnesota Statutes section 471.59 authorizes governmental units to enter into intergovernmental agreements: and WHEREAS, the City of St. Anthony and Mississippi Watershed Management Organization (MWMO) are both governmental units as defined under Minnesota Statutes section 471.59; and WHEREAS, the MWMO desires to contract with the City of St. Anthony for the provision of a certain set of financial services as described in Exhibit A attached hereto ("the Services"); and WHEREAS, the City of St. Anthony desires to assist the MWMO and has the ability to provide the Services to the extent and on the terms provided within the agreement NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony hereby approves the Shared Services Agreement with the Mississippi Watershed Management Organization (MWMO) for Financial Services. Adopted this 22nd day of May, 2012. ATTEST: City Clerk Review for Administration: Mayor City Manager 15 I THIS PAGE LEFT INTENTIONALLY BLANK 17 SHARED SERVICES AGREEMENT THIS SIiARE,D SERVICES AGREEMENT (this "Agreement"), dated , by and between the City of Saint Anthony Village, Minnesota, a Minnesota statutory city ("Saint Anthony"), and Mississippi Watershed Management Organization, a watershed management organization ("MWMO") (collectively, the "Parties"). RECITALS WHEREAS, Minnesota Statutes section 471.59 authorizes governmental units to enter into intergovernmental agreements; WHEREAS, Saint Anthony and Mississippi Watershed Management Organization are both governmental units as defined under Minnesota Statutes section 471.59; WHEREAS, Mississippi Watershed Management Organization desires to contract with Saint Anthony for the provision of a certain set of financial services as described in Exhibit A attached hereto (the "Services"); and WHEREAS, Saint Anthony desires to assist Mississippi Watershed Management Organization and has the ability to provide the Services to the extent and on the terms provided within this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: Scope of Services. Saint Anthony will provide a certain set of financial services as described in Exhibit A attached hereto (the "Services"). Mississippi Watershed Management Organization agrees to provide to Saint Anthony the information necessary to perform the Services well enough in advance to enable Saint Anthony to carry out its tasks during normal working hours. Saint Anthony shall not be liable for timeliness, inaccuracy, and/or incomplete information provided by Mississippi Watershed Management Organization and the consequences resulting therefrom. Mississippi Watershed Management Organization agrees to sign any releases necessary for Saint Anthony to perform the Services. 2. Fees. In consideration of the Services provided by Saint Anthony to Mississippi Watershed Management Organization pursuant to this Agreement, Mississippi Watershed Management Organization shall pay Saint Anthony fees as set forth in Exhibit B attached hereto. 3. Designated Representative. The only designated representative of Mississippi Watershed Management Organization authorized to request the performance of the Services under this Agreement is Doug Snyder, Executive Director/Administrator. 4. Term and Termination. The term of this Agreement shall be from the date last executed and shall automatically renew each year unless notice to terminate is provided. Any Party may terminate this Agreement at any time upon ninety (90) days prior written notice to the other. 5. Not to Be Construed as Emnlovment Agreement This Agreement shall provide access only to those employees of Saint Anthony identified in Exhibit A attached hereto. Any employee of Saint Anthony who assists in performing the Services for Mississippi Watershed Management Organization shall remain an employee of Saint Anthony and not an employee of Mississippi Watershed Management Organization. Nothing contained in this Agreement can or shall be interpreted as an employment relationship between Saint Anthony and Mississippi Watershed Management Organization. 6. Property. No fixed assets or personal or real property will be jointly or cooperatively held, acquired, or disposed of pursuant to this Agreement. Non -Exclusivity. This Agreement is non-exclusive between Saint Anthony and Mississippi Watershed Management Organization. Saint Anthony and Mississippi Watershed Management Organization Mississippi Watershed Management Organization have the right to enter into similar agreements with other entities. Indemnification and Insurance. 8.1 Saint Anthony and Mississippi Watershed Management Organization each agrees to and shall defend, indemnify, and hold harmless the other Party, its official, officers, agents, and employees from and against any and all claims, losses, damages, judgments or liabilities of whatever nature, including any portion thereof, arising from or related to the indemnifying Party's acts, omissions, or performance under this Agreement. It is the intent of the Parties that each Party be responsible for its own actions occurring under this Agreement. 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 each Party 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 19 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. 8.2 Each Party agrees that a Party subject to Minnesota Statutes Chapter 466 will maintain insurance in an amount consistent with Minnesota Statutes Chapter 466. 8.3 This section shall survive termination of this Agreement. 9. Waivers Amendments and Modifications. The Parties may mutually waive, amend, or modify parts of this Agreement, but such waivers, amendments, or modifications shall not be binding unless they are in writing and signed by personnel authorized to bind the Parties. Waiver of breach of any term of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10. Venue This Agreement will be governed by the laws of the State of Minnesota, both as to interpretation and performance. Any actions at law, suit in equity, or otherjudicial proceeding for the enforcement of this Agreement may be instituted only in a court of competent jurisdiction in the State of Minnesota. 11. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, condition, or application of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. 12. Inteeration and Merecr This document embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communications, representations, or agreements, whether oral or written, between the Parties. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 13. Assignment. Neither Saint Anthony nor Mississippi Watershed Management Organization will assign or transfer any rights or interest in this Agreement. 14. Third Parties NEI This Agreement is between Saint Anthony and Mississippi Watershed Management Organization 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) so as to constitute any such person as a third party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 15. Notices. Required notices to Mississippi Watershed Management Organization shall be in writing and shall either be hand delivered to Mississippi Watershed Management Organization, its employees, or agents, or mailed to Mississippi Watershed Management Organization by certified or registered mail at the following address: Mississippi Watershed Management Organization 2522 Marshall Street NE Minneapolis, Minnesota 55418 Notices to Saint Anthony shall be in writing and shall either be hand delivered to the City Manager, or mailed by certified or registered mail, in care of the City Manager at the following address: Saint Anthony Village 3301 Silver Lake Road St. Anthony, Minnesota 55418 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written CITY OF SAINT ANTHONY VILLAGE a Minnesota statutory city By: Jerome O. Faust Its: Mayor ATTEST: By: Mark Casey Its: City Manager rsi MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION a Watershed Management Organization By: Kevin Reich Its: Chair, Board of Commissioners ATTEST: By: Doug Snyder Its: Executive Director/Administrator 21 EXHIBIT A Scope of Services Bi -weekly payroll processing and related benefit submissions Quarterly and Year-end reporting for payroll Prepare checks based on weekly check requests Recording tax settlements and other receipts for general ledger purposes Bank Reconciliations Monthly listing of receipts and checks Monthly statement of revenues and expenses Maintain General Ledger Manage Annual Audit process Preparation of work papers for Annual Audit 22 EXHIBIT B Pees Mississippi Watershed Management Organization shall pay to St. Anthony Village $2,500 per month ($30,000 per year) for services provided by St. Anthony Village. St. Anthony Village will bill Mississippi Watershed Management Organization on a quarterly basis. St. Anthony Village may, subject to prior authorization by the Mississippi Watershed Management Organization Executive Director/Administrator, consult with its city attorney relating to legal issues that may arise out of the services provided under this Agreement. Mississippi Watershed Management Organization will reimburse St. Anthony Village for such out -of= pocket legal fees. Additional services requested: $65.00 per hour for Finance Director $41.00 per hour Accountant $34.00 per hour Account -Clerk 2012 SALARY 90,000.00 BILLING RATE COMPUTATION HOURLY RATE 43.27 FICA 3.31 PERA 3.14 WORKER'S COMPENSATION 0.23 HEALTH INSURANCE 6.58 DISABILITY 0.24 VAC/HOLIDAY/SICK 6.49 OVERHEAD 1.21 BILLING RATE 64.47 ANNUAL POSITION COST (Hourly x 2080) 134,097 4811-4880-5647\1 4/12/2012 4:09 PM Finance Director HOURLY RATE BASED ANNUAL SALARY AT THE TOP SCALE LEVEL FICA BASED ON ABOVE HOURLY RATE PERA BASED ON ABOVE HOURLY RATE W.C. BASED ON ABOVE HOURLY RATE BASED ON EXSIHNG FAMILY CAP BASED ON DISABILITY RATES PER WAGES (AGE BASED) BASED ON 216 HOURS PTO, 96 HOURS HOLIDAY OVERHEAD @ ANNUALLY ( CELL PHONE (85) , CAR ALLOWANCEH25)) 23 2012 SALARY 55,000.00 BILLING RATE COMPUTATION HOURLY RATE 26.44 FICA 2.02 PERA 1.92 WORKER'S COMPENSATION 0.14 HEALTH INSURANCE 6.58 DISABILITY 0.24 VAC/HOLIDAY/SICK 3.46 OVERHEAD 0.29 BILLING RATE 41.09 ANNUAL POSITION COST (Hourly x 2080) 85,471 2012 SALARY 45,801.60 BILLING RATE COMPUTATION Accountant HOURLY RATE BASED ANNUAL SALARY AT THE TOP SCALE LEVEL FICA BASED ON ABOVE HOURLY RATE PERA BASED ON ABOVE HOURLY RATE W.C. BASED ON ABOVE HOURLY RATE BASED ON EXSITING FAMILY CAP BASED ON DISABILITY RATES PER WAGES (AGE BASED) BASED ON 176 HOURS PTO, 96 HOURS HOLIDAY OVERHEAD @ ANNUALLY ( CELL PHONE (85) , CAR ALLOWANCE(125)) Clerk HOURLY RATE 22.02 HOURLY RATE BASED ANNUAL SALARY AT THE TOP SCALE LEVEL FICA v 1.68 FICA BASED ON ABOVE HOURLY RATE PERA 1.60 PERA BASED ON ABOVE HOURLY RATE WORKER'S COMPENSATION 0.12 W.C. BASED ON ABOVE HOURLY RATE HEALTH INSURANCE 5.57 BASED ON EXSITING BLENDED CAPS DISABILITY 0.24 BASED ON DISABILITY RATES PER WAGES (AGE BASED) VAC/HOLIDAY/SICK 2.88 BASED ON 216 HOURS PTO, 96 HOURS HOLIDAY BILLING RATE 34.11 OVERHEAD @ ANNUALLY ( CELL PHONE (85), CAR ALLOWANCEL25)) ANNUAL POSITION COST (Hourly x 2080) 70,943 24 THIS PAGE LEFT INTENTIONALLY BLANK 25 Report Date: Meeting Date: May 22, 2012 May 22, 2012 ITEM DESCRIPTI©N: Resolution 12-048; Approval of an Agreement between the City of St. Anthony and the City of New Brighton to Provide Human Resources Services MANAGER'S REVIEW: The attached Agreement to Provide Human Resources Services and resolution are with the City of New Brighton. New Brighton staff will provide approximately 4 (four) to 8 (eight) hours of services per week to the City of St. Anthony. In return, New Brighton will be compensated at the rate listed in section 3.1 of the agreement. This agreement will renew annually unless either party terminates the agreement. Either party may terminate this Agreement for any reason upon thirty (30) days written notice to either party. Mark Casey City Manager Attachments: • Resolution 12-048; Approval of an Agreement Between the City of St. Anthony and the City of New Brighton to Provide Human Resources Services • Agreement to Provide Human Resources Services 26 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY RESOLUTION 12-048 APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF NEW BRIGHTON TO PROVIDE HUMAN RESOURCES SERVICES WHEREAS, the City of New Brighton currently has staff that provides human resources and other similar services to their city; and WHEREAS, the City of New Brighton has determined that, in addition to providing human resources services for itself, their staff has time to provide certain similar services to the City of St. Anthony on a part-time basis; and WHEREAS, both parties can benefit from New Brighton providing these services to the City of St. Anthony; and WHEREAS, the parties desire to enter into this Agreement setting forth the terms by which New Brighton will perform the services on behalf of the City of St. Anthony. NOW, THEREFORE, BE PT RESOLVED by the City Council of the City of St. Anthony hereby approves the Agreement between the City of St. Anthony and the City of New Brighton to provide Human Resources Services. Adopted this 22nd day of May, 2012. ATTEST: City Clerk Review for Administration: Mayor City Manager 27 THIS PAGE LEFT INTENTIONALLY BLANK 29 Agreement to Provide Human Resources Services This Agreement is made as of May 22, 2012, by and between the City of New Brighton, a Minnesota municipal corporation, and the City of St. Anthony Village a Minnesota municipal corporation. RECITALS A. The City of New Brighton currently has staff that provides human resources and other similar services to New Brighton; and B. New Brighton has determined that, in addition to providing human resources services for itself, its staff has time to provide certain similar services to St. Anthony Village on a part-time basis; and C. Both parties can benefit from New Brighton providing these services to St. Anthony Village; and D. The parties desire to enter into this Agreement setting forth the terms by which New Brighton will perform the services on behalf of St. Anthony Village; and NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as follows: AGREEMENT 1. SCOPE OF SERVICES 1.1 The primary contact and staff person from New Brighton who will provide services to St. Anthony Village will be New Brighton's Assistant to the City Manager, Schawn Johnson. 1.2 New Brighton will provide human resources, safety and loss control management services to St. Anthony Village on an as -needed basis and as requested by St. Anthony Village. Such services may include, but are not limited to, the handling of day-to-day human resources inquiries and review of the St. Anthony Village employee handbook and other employee policies. 1.3 It is expected that New Brighton will provide approximately 4 (four) to 8 (eight) hours of services per week to St. Anthony Village. St. Anthony will assign work to New Brighton on a project basis, subject to the approval of both parties before services are rendered. 1.4 Mr. Johnson and other New Brighton staff providing services will consult with Mark Casey, St. Anthony Village City Manager, or designee, as needed to efficiently and effectively complete projects assigned by St. Anthony Village. 4005890 MDT NBI36-242 t 30 2. TERM 2.1 The term of this Agreement shall be fiom May 22, 2012 through May 22, 2013. This term shall annually renew unless either party terminates the agreement according to 2.2. 2.2 Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. 3. COMPENSATION 3.1 St. Anthony Village shall pay to New Brighton $52 per hour, plus expenses, for services provided by New Brighton. New Brighton will track the hours of service provided to St. Anthony Village and bill on a quarterly basis. Hourly costs will adjust annually with New Brighton's compensation system. St. Anthony Village shall provide for office space, equipment and cover any incidental costs associated rendering the services in this agreement. 3.2 New Brighton may, subject to prior authorization by the St. Anthony Village City Manager, consult with its city attorney relating to legal issues that may arise out of the services provided under this Agreement. St. Anthony Village will reimburse New Brighton for such out-of-pocket legal fees. 4. GENERAL TERMS AND CONDITIONS 4.1 Employee status. St. Anthony Village shall not assume any liability for the direct payment of any salary, wage, workers compensations, income tax withholding, or any other type of compensation to any New Brighton employee who performs services pursuant to this Agreement. Any employee assigned by New Brighton to perform services hereunder shall remain the exclusive employee of New Brighton for all purposes. 4.2 Cooperation. St. Anthony Village, its officers, agents, and employees shall cooperate with and assist New Brighton in the orderly performance of services to be provided for herein. 4.2 Entire agreement. This Agreement represents the entire Agreement between St. Anthony Village and New Brighton and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 4.3 Compliance with law. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 4.4 Indemnification. St. Anthony Village agrees to defend, indemnify and hold 400589v1 MDT NG13G-242 2 31 harmless New Brighton, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from New Brighton's performance of the services under this Agreement. 4.5 No waiver. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. 4.6 Notices. All notices required by this agreement shall be in written form and shall be deemed delivered upon its receipt by the City Manager of either party. Notice may be made by personal delivery, mail or facsimile. 4.7 Severability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 4.8 Execution. This agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF NEW BRIGHTON By: Its: Mayor By: Its: City Manager CITY OF ST. ANTHONY VILLAGE By: Its: Mayor By: Its: City Manager 400589vi MMNE136-242 3 32 THIS PAGE LEFT INTENTIONALLY BLANK 33 Report Date: Meeting Date: May 22, 2012 May 22, 2012 ITEM DESCRIPTION: Resolution 12-049; Accepting a Donation from the Kiwanis Club of St. Anthony for the St. Anthony Fire Department to Assist in the Purchase of Fire Equipment MANAGER'S REVIEW The attached is resolution accepting a donation from the Kiwanis Club of St. Anthony in the amount of $500.00 for the St. Anthony Fire Department. This donation will be used to purchase fire equipment. Mark Casey City Manager Attachments: • Resolution 12-049; Accepting a Donation from the Kiwanis Club of St. Anthony in the amount of $500.00 for the St. Anthony Fire Department to Assist in the Purchase of Fire Equipment 34 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY RESOLUTION 12-049 A RESOLUTION ACCEPTING A DONATION FROM THE KIWANIS CLUB OF ST. ANTHONY FOR THE ST. ANTHONY FIRE DEPARTMENT TO ASSIST IN THE PURCHASE OF FIRE EQUIPMENT WHEREAS, the Kiwanis Club of St. Anthony presented the St. Anthony Fire Department with a donation in the amount of $500.00; and WHEREAS, the St. Anthony Fire Department will utilize this donation to assist in the costs of purchasing fire equipment. NOW, THEREFORE, BE PT RESOLVED by the City Council of the City of St. Anthony hereby accepts a donation from the Kiwanis Club of St. Anthony for the St. Anthony Fire Department to assist in the Purchase of Fire Equipment. Adopted this 22nd day of May, 2012. ATTEST: City Clerk Review for Administration: Mayor City Manager 35 we THIS PAGE LEFT INTENTIONALLY BLANK 37 i 6hony 1a " CY Report Date: Meeting Date: RE2- ESTFOR 00kNOIL cQNS/,DF ATTON May 22, 2012 May 22, 2012 I'T'EM DESCRIPTION: Approval of a Joint Powers Agreement between the Minnesota Department of Public Safety Bureau of Criminal Apprehension and the St. Anthony Police Department for eCharging Adapter Installation. MANAGER'S REVIEW: This JPA with the Bureau of Criminal Apprehension is to allow the St. Anthony Police Department to do eCharging. The eCharging allows the Officers to charge directly from their squad car. Mark Casey City Manager Attachments: • State of Minnesota Joint Powers Agreement - SWIFT Contract #45691 W. THIS PAGE LEFT INTENTIONALLY BLANK W] SWIP"I'Contract 1145691 STATE OF MINNESOTA JOINTPOWERS AGREEMENT ']'his agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension — Minnesota Justice and Information Services - MNJIS ("State") and the City of Saint Anthony, on behalf of Police Department, 3301 Silver Lake Road NE, St. Anthony, MN 55418 ("Governmental Unit"). Recitals 1. Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. 2. Under Minn. Stat. § 299C.65, the Commissioner of Public Safety, together with the Criminal Justice Policy Group (MNJIS' governing body) is responsible for the successful completion of statewide criminal justice information system integration Network(CHMNet). 3. While various other Criminal Justice agencies at state and local government levels are working to prepare their individual information systems for the integration process, it is the MNJIS Office that is building the infrastructure required to integrate those systems. 4. The State is in need of the installation and configuration of software to enable data workflow between the Government Unit and the state courts from the Government Unit's document management system using the BCA's eCharging application. This installation will enable the eCharging incident/eReferral and eCitation components by configuring and activating the code within the eCharging eComplaints currently implemented on the Government Unit's records management server. The installation and configuration by Law Enforcement Technology Group, LLC (LETG) will include installation, activation, and configuration of the software on one records management server (RMS host) and at each agency enrolled on the records management server. Agreement Term of Agreement 1.1 Effeetive date: May 25, 2012, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration: (late: June 302012 or until all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement behveen the Parties For this project, the Governmental Unit will work with their Record Management System (RMS) vendor to install their eCharging adaptor that will provide eCharging submission capability from the Government Unit's RMS to the eCharging system at the BCA. The effort involved includes installation and testing of the adapter to successful citation submissions from the Governmental Unit's RMS are received and are able to be processed by the eCharging system. The Governmental Unit will be paid a fixed cost for the installation of the adapter at their location as well as at any other agencies/locations served by their RMS. The installation and configuration will include the following functionality: a) Modifications to St. Anthony's LETG software necessary for it to use LETG's eCharging adapter. b) The successful submission of citations from St. Anthony's LETG installation, using the above components, to eCharging's production environment. c) Project management necessary to complete the above work This agreement does not include the costs associated with annual maintenance charged to the Government Units by the vendor for support for the records management system. Annual support for the additional functionality is the responsibility of the Government Unit. Joint Powers Agreement (Rev. 07/11) S W I FT Conu act it 45691 All tasks, services and deliverables for this effort must be provided by the Governmental Unit's vendor(s)in accordance with the "State of Minnesota Enterprise Architecture" available on website httlr//our. Dov/pet/policies ,and-standards/enter ru ise-architecture/index.isp ; in accordance with the "Minnesota Office of Technology's Minnesota Technology Accessibility Standards" guidelines available on website hM //mn.gov/pet/policies-and-standards/accessibili / ; and in accordance with the Deparunent of Public Safety's Security Architecture labeled Exhibits A which are attached and incorporated into this contract. 2.1 For this effort, as specified above, the Governmental Unit will contract with their RMS vendor to: A. Implement an adapter to MN BCA eCharging specifications to facilitate the submission of citations between the Governmental Unit's RMS utilized at the following location(s): St. Anthony Police Department (Server and Installation) 13. 'fest and verify the adapter accommodates successful submissions of citations from the Governmental Unit's RMS to the eCharging system. C. implement and support the adapter during the initial deployment of the eCharging system at the Governmental tJnit's location. 2.2 The State will NOT provide: A. Resources to test RMS or Case Management System (CMS) applications. The Governmental Units' vendor is responsible for these testing activities. B. Training on the RMS or CMS user adaptor or modifications — the Governmental Units' vendor is responsible for these training activities. 3 Payment & Consideration The State will pay for all services performed by the Governmental Unit under this agreement as follows: The State agrees to reimburse the Government Unit $1,000.00 for RMS Server and installation at St. Anthony Police Department. The total obligation of the State under this agreement will not exceed $1,000.00. The Governmental Unit will submit itemized invoices to the State's Authorized Representative of this agreement when all work is completed, accepted by the State and within 30 days of the period covered by the invoice for work satisfactorily performed and completed on this project. Final invoice must be submitted by July 30, 2012. 4 Authorized Representatives The State's Authorized Representative is Oded Galili, Deputy Director,1430 Maryland Avenue East, St. Paul, MN 55106, 651-793-2710, or his/her successor. The Governmental Unit's Authorized Representative is John Ohl, Police Chief; 3301 Silver- Lake ilverLake Rd, NE, St. Anthony, MN 55418 (612) 782-3350, or his successor. Joint Powers Agreement (Rev. 07/11) 41 SWIFT Contract 1145691 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Indemnification In the performance of this contract by the Governmental Unit, or Governmental Unit's agents or employees, the Governmental Unit must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the state, to the extent caused by Governmental Unit's: 1) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State's sole negligence. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligation under this contract. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental Units' books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. Government ,Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Units may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. Joint Powers Agreement (Rev. 07/1I) 42 SWIFT Contract P 45691 10.2 Termination for InsufTcient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other fimding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to life Governmental Units. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Units will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Units notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE FNC MBRANCE VERIFICATION 3. STATE AGENCY In ividuol e 'lI S 117al f1 , ds rave been encumbe'ed as required it Slat. §§ 6A IS and 6C.05. By: (with delegated authority) Signed. -� Title: /) -- Date:� {i _..... Date: SWIFT Purchase Oidei No. _ 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division 2. GOVERNMENTAL UNIT The Governmental Unit certifies that the appropriate person(s) have executed the agreement on behalf of the Govemmental Unit as required by applicable articles, bylaws, resolutions, or ordinances. 3y: By: --------...... Date: Title: Date: By: ------------- ------- Title: Date: By: Title: Date: fly: Title: Date: Joint Powers Agreement (Rev. 07/11) 43 SWIFT Contract 1145691 EXHIBIT A Department of Public Safety's Security Architecture Minnesota Department of Public Safety divisions and their vendors should be aware of the department's security architecture when designing and/or implementing applications or installing network devices on departmental resources. Web Based Applications and/or Servers Web Based Applications should be based upon Microsoft Internet Information Server unless there is compelling business needs to use some other Web Server environment. Web Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. Web Servers must not host Applications. Applications must reside on a separate Application Server on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Database Applications and/or Servers Database Applications should be based upon Microsoft. SQL Server unless there are business needs to use some other Database Server environment. Database Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Email Based Applications and/or Servers DPS divisions and/or their vendors are encouraged to use the department's email system where appropriate. Email Based Applications should be based upon Microsoft Exchange Server unless there is compelling business needs to use some other Web Server environment. Email Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. Joint Powers Agreement (Rev. 07/11) SWIFT Contract 9 45691 The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Applications and/or Application Servers DPS divisions and/or their vendors will need to discuss with the departmental Security Manager as to the appropriate placement of applications and application servers. Data Privacy Since some departmental data is classified as "Not Public' data, this type of data must be protected during transport across public networks and possibly in storage. The department has implemented Virtual Private Network (VPN) technology to aid in the transport of private data. Contact the departmental Security Manager for discussions on the use of this technology. Vendor Remote Access Remote vendor access for technical support will occur when there is a valid business need, through a secured and monitored VPN. If persistent access is required, the VPN will use two - factor authentication. If one time access is required, VPN access may be granted using a strong password. This remote VPN access shall be limited by the firewall and/or VPN server to the specific protocols, ports, and servers needed. Vendor staffmay be required to undergo a background criminal history check in accordance with DPS Policy #5100 Information Resources Security and Acceptable Use. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Joint Powers Agreement (Rev. 07/11) WSB & Asaociales, Inc. . Planning n Environmental . Construction May 15, 2012 The Honorable Mayor, City Council and Staff c/o Mark Casey City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony Village, MN 55418-1603 Re: Request to Accept July 2011 Flood Investigation and Stormwater Modeling Report Dear Honorable Mayor, City Council, and Staff: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4600 Fax: 763-541-1700 It is requested that the City Council accept the Flood Report prepared by WSB & Associates. This report is in response to a July 16, 2011 rainfall event, where several areas within the City of St. Anthony and surrounding communities experienced severe flooding. As a result of the flooding, the City requested a review of the conveyance infrastructure and flood storage provided in the existing drainage systems. In addition, an investigation of improvements that could be pursued to reduce future flooding of the impacted areas was requested. The rainfall event has been evaluated and a hydrologic/hydraulic model has been developed for the flood areas. hnprovement options to reduce future flooding are also discussed and recommendations are presented for each flood area. The flood areas evaluated are listed below: Flood Area A: Mirror Lake Townhomes Flood Area B: Silver Lane and Shamrock Drive Flood Area C: 39°i Avenue and Shamrock Drive Flood Area D: St. Anthony Industrial Park A presentation of the Flood Report will be made at the May 22, 2012 Council Meeting. If you have any questions concerning the report, please feel free to contact me at 763-287-7182. Sincerely, WSB & Associates, Inc. Todd Hubmer, PE City Engineer Minneapolis ■ St. Cloud Equal Opportunity Employer %CmmciI MsunSs\2012V)52dIDINA 114;1-05152.1dwx 45 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY RESOLUTION 12-050 A RESOLUTION ACCEPTING JULY 2011 FLOOD INVESTIGATION AND STORMWATER MODELING REPORT WHEREAS, a rainfall event on July 16, 2011, led to flooding at several locations in the City; and WHEREAS, the City requested a review of the existing drainage infrastructure and improvements that could be pursued to reduce future flooding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: the July 2011 Flood Investigation and Stormwater Modeling Report prepared by WS13 & Associates is accepted by the City of St. Anthony Village. Adopted this 22" d day of May, 2012. ATTEST: City Clerk Reviewed for administration: Mayor City Manager /• ComsilMeet nigd2012'03222012Vics- dccgm Nood Reporidoe, 47 Mol THIS PAGE LEFT INTENTIONALLY BLANK July 16, 2011 Flood Investigation .0 May 22, 2012 July 16 Rainfall Event Fridley Weather Station 4.18" on 7116, 4:24 am to 6:59 am (2hr 35min) 1.25" on 7115 (5.43" tot) Other Nearby Rainfall Reports for 7116 Fridley 4.17 (1.71" on 7115, 5.88" total) New Brighton 3.75" Arden Hills 5.65" St. Anthony 4.46" (x" on 7115, x" total) Roseville 5.26", 5.00„ Little Canada 5.44" A wss IIV s 4A 7 July 16 Rainfall Event Fridley Weather Station 4.18" on 7116, 4:24 am to 6:59 am (2hr 35min) 1.25" on 7115 (5.43" tot) Other Nearby Rainfall Reports 4 — 6" over approx. 2.5 hrs on 7116 5 — 6.5" in 24 hrs 104 Year Design Events (1% chance/yr) 24 -hr = 5.9" (Near or Exceeded) 2 -hr = approx 3.5" (Exceeded) w�s 51 Y II��yr;g` � Rar 11C" l :7 t ,b yam ,.1!'..' a: - ♦ s .* 's r' Response Efforts Mirror Lake Pond Survey Sewer Televising Rainfall Analysis Modeling Improvement Options W$,R Mirror Lake Pond Survey Survey completed Basin storage Outlet structure Findings Storage exceeded Overflow route documented 53 C3 H , GB -2 t CE -i {,.l X �4 16AL I IF'r AIL.�--' i��FFa I 01. FE -2 A4 Ov St. Anthony Village 2011 Sewer Televising May 1 y • Mirror Lake r f Townhomes HWL Elevations ti 'ri1C�'^ � 9 Yv'•k Foss Road 917 - 918 Observed July - } ' Al * ` 917.5 July Model ` ''.////_%' y{ ■� 916.6 100yr 24hr Model Mirror Lake 925.5 +/- Observed July 924.5 Modeled -A 924.7 100yr 24hr Observed July HWL 1� g Modeled 100 -yr HWL A Mirror Lake Townhomes Option 1: / iii - ,? Lower Mirror Lake Outlet 1 Dredge Lake j All $15,000 for new outlet Significant cost for ' dredging ,000 to $700,000) u, Benefits Improves conditions for Al long, high intensity rainfalls l ti� �► Improves water quality .. Reduces flow rate to RDA - Maintains flow in Mirror Lake Mirror Lake Townhomes �. � 4 � Option 2: i:Route Cty Rd D to y ' Mirror Lake Cost: $300,000+1 - Benefits Reduces July HWL at "' Townhomes by 0.3' 4 - ' Benefits greater when coupled with other f , options `'. ` i• Improves water quality, ~ + d•� discharged to RD -3 him ; f ' Mirror Lake !Townhomes Option 3:. -l..i' Reconstruct Mirror f r"'"j f gay Lake Outlet Structure and Storm Sewer $150,000 Benefits + ` r Improves conditions for •r 4 high intensity rainfalls At y " ✓ .`r`;, Prevent pond overtopping t q: �` qr v 4f Mirror Lake Townhomes Option 4: .� Increase downstream sewer capacity on _,�"• '' r County Ditch Alignment Cost: Significant ($0.5 to $1 M sewer to Old Highway 8) L .a Benefits Reduces July HWL at Townhomes up to 1.3'' ' Benefits greater when coupled with other a ` t�r;a. _ options f;l to L T.1A f Mirror Lake Townhomes Option 5: A r. Install backflow ; NOW I y prevention device at railroad tracks Cost: $30,000 ,, Benefits Reduce backflow from RD — 3 during flood :'- events tN Imo' Mirror Lake New Driveway' Access TOWnhomeS r Option 6: Flood -proof townhomes with Earthen Berm t earthen berm and backflow prevention drainage / + r structures /Drainage Structures with backflow prevention ,r Cost: $220,000 Benefits Protect townhomes from flooding until improvements to RC Maintain Existing Driveway Access Ditch 2 occur -•sem A WSB A Silver Lane and . Nr Shamrock Drive . "�•� Option 1 ,� +' . r� Increase downstream storm sewer capacity in sQ County Ditch Cost; Significant ($0.5 - $1 M sewer to Old Highway 8) u Benefits Reduces Jul HWL b y y nearly a foot •' Other options at this location include flood- proofing homes m Discussion Questions? WJB & A.ssociaws, Inc. Engineering ■ Planning ■ Environmental ■ Construction May 15, 2012 The Honorable Mayor, City Council and Staff c/o Mark Casey City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony Village, MN 55418-1603 701 Xenia Avenue South Suite 300 Minneapolis, MN 66416 Tel: 763-641-4800 Fax: 763-541-1700 Re: Request to Enter into Agreement with Rice Creek Watershed District Dear Honorable Mayor, City Council, and Staff: It is requested that the City Council authorize the Mayor and City Manager to enter into an agreement with Rice Creek Watershed District (RCWD). The City currently needs to request debits to allow construction of its street and utility improvement projects. However, under the current framework of RCWD Rules it is impossible for the City to offset these debits due to the clay soils present throughout the City. By establishing this agreement between the City and RCWD, the City will be able to comply with RCWD Rules for the City's future street and utility improvement projects. Compliance will be achieved by providing cost-effective, regional water quality improvements near the reconstruction projects. Enclosed is a draft version of the memorandum of agreement, which is subject to review and approval by the Rice Creek Watershed District Staff and Board of Managers. A presentation showing the basis for the agreement will be made at the May 22, 2012 Council Meeting. If you have any questions concerning this request, please feel free to contact me at 763-541-4800. Sincerely, WSB & Associates, Inc. O Todd Hubmer, PE City Engineer Minneapolis . St. Cloud Equal Opportunity Employer C:V7xnin[nls 111d&,li l,.,,AMy U¢mnwlsTTR-0.,x-051512.9 dm' 61 62 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY RESOLUTION 12-051 A RESOLUTION AUTHORIZING THE, MAYOR AND CITY MANAGER To ENTER INTO AN AGREEMENT WITH RICE CREEK WATERSHED DISTRICT WHEREAS, compliance with Rice Creek Watershed District Rule C.5 is difficult or impossible for the City of St. Anthony to achieve; and WHEREAS, a Memorandum of Understanding is being developed by Rice Creek Watershed District and City Staffto facilitate efficient smrflce water quality improvements that are able to meet Rice Creek Watershed District Rules for future street and utility projects within the City oi' St. Anthony Village. NOW, THEREFORE, BE 1T RESOLVED, by the City Council of the City of St. Anthony Village that: the Mayor and City Manager be authorized to enter into an agreement with Rice Creek Watershed District for compliance with Rice Creek Watershed District Rules for future City improvements. Adopted this 22" day of MaL, 2012. ATTEST: City Clerk Reviewed for administration: Mayor City Manager F. ICowiM Meelings120121052220121Res ROOD dllemmm, Cw iplimme.d= 63 THIS PAGE LEFT INTENTIONALLY BLANK Update on: Alternative Compliance Sequencing Initiatives For Rice Creek Watershed District May 22, 2012 Why are we here? The City of St. Anthony is dedicated to improving water quality and solving recurring flood problems. St. Anthony cannot achieve volume reduction and will have a negative balance in volume reduction bank forever. What the City is proposing follows the Alternative Compliance Sequencing and exceeds the requirements of RCWD Rules. 1.2 =F' Clay Soil Conditions • Clay soils observed on all street and utility improvement projects • Soil Borings • Repair of hundreds of watermain breaks throughout City • Misc maintenance activities by City: pavement, sidewalk, utility, trees, etc. • TCAAP Study Sequencing for Planned Street Improvement Projects 4 ,t', �f� •�Itration Q.8" runoff m reconcted & d' ct '. `-{ impervio Q,QQQ cf/yr runoff v me 85lb/yr total ._ I' pho oras reduc n for all pervious ROW with) CWD) } • Biofiltration "I • Filtration • Wetland treatment �= . ,, • Extended detention basin .o • Pond . ail • Alternative compliance ' sequencing 68 Equivalent Annual Volume and Phosphorus Reduction from Existing BMPs Equivalent Volume Reduction Existing BMP (cu -ft / r) Equivalent Phosphorus Reduction (Ib 1 r) St. AnthonyWater Reuse Facility 683,156 15.2 Foss Road Biofiltration Swale 222,732 5.0 2011 Rain ardens / Filtration 1 31,09 0.7 Shamrock Dr / Silver Lk Rd Biofiltration 46,660 1.0 Ltllirror Pond 3,502,763 78.0 Total 4,486 406 99,9 1.4 1.5 Is • Equivalent Annual Volume and Phosphorus Reduction from Proposed BMPs Existing BMP Equivalent Volume Reduction (cu -ft / yr) Equivalent Phosphorus Reduction (lb 1 yr) Salo Pond Alum Enhancement 943,051 21.0 Mirror Pond Alum Enhancement 1,886,103 42.0 Mirror Pond Water Quality 1 Habitat Improvements f Dredging 179 629 4.0 37th Avenue Inline Treatment 421,560 9.0 Stinson Inline Treatment 134,722 3.0 Central Park Biofiltration 673,608 15.0 Total 4,238,673 94.0 1.5 Is • Summary of Results REQUIRED 3,820,000 cf/yr Runoff / Phosphorus reduction required to 85 lb/yr P address RCWD Rules for reconstructing all ROW within RCWD PROVIDED 4,486,000 cf/yr Equivalent water quality benefits provided 100 Ib/yr P by Existing BMPs 4,239,000 cf/yr Equivalent water quality benefits provided 94 Ib/yr P by Proposed BMPs 8,725,000 cf/yr Total equivalent water quality benefits 194 Ib/yr P provided by Existing / Proposed BMPs Prior Progress Meetings and communication with RCWD Prior Progress Meetings and communication with RCWD; Additional soil samples IR -V Prior Progress • Meetings and communication with RCWD • Additional soil samples • Additional "Sequencing" detail added to Report Recent Progress • Discussion with RCWD on technical aspects of calculating "credit" • Formal agreement drafted by RCWD • Agreement reviewed by WSB, and City Attorney • Agreement revised and provided to RCWD What is Next? • RCWD will review revisions suggested by City • Some minor revisions may be negotiated between City Staff and Watershed District Staff • RCWD and City enter into agreement Questions/Comments? 74 THIS PAGE LEFT INTENTIONALLY BLANK 75 MEMORANDUM of AGREEMENT City of St. Anthony and the Rice Creek Watershed District This Memorandum of Agreement (MOA) is made by the City of St. Anthony, a statutory city and governmental subdivision of the State of Minnesota, and the Rice Creek Watershed District (RCWD), a special purpose governmental subdivision with powers set forth in Minnesota Statutes chapters 103B and 103D (together, the parties). Recitals A. Pursuant to Minnesota Statutes §§103B.211, 103D.341 and 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans, which imposes water quality and runoff retention requirements on land -disturbing projects. B St. Anthony intends to undertake a street reconstruction program over the years 2012 to 2024 (hereinafter, "SRP"). The SRP is described in Exhibit A, attached to and incorporated into this Agreement. C. To facilitate efficient public budgeting, planning and coordination, the parties are entering into this MOA to establish a framework for St. Anthony to meet the requirements of the RCWD's stormwater management rule for its SRP. This MOA includes an advance determination of the eligible methods and locations for stormwater management Best Management Practices (BMPs) and sets forth procedures for the parties to cooperate on regulatory review related to street reconstruction during the 2012-24 period. St. Anthony and the RCWD agree that this MOA is binding and rests on good and valuable consideration. Terms 1. Projects in the SRP are within three subwatersheds, delineated on Exhibit B hereto and identified as follows: • Silver Lake; • Ramsey County Ditch 3; • Mississippi River. City of St. Anthony 1 Rice Creek Watershed District 5/16/2012 76 Each of these subwatersheds lies in whole or part within the RCWD. Stormwater management BMPs for a particular road project are intended to be located within the same subwatershed as the project disturbance. 2. RCWD Rule C.5 sets a hierarchy of preferred stormwater management methods for water quality and volume control and requires that infiltration be used where feasible. St. Anthony has demonstrated through soils data that infiltration is not feasible at any location on city right-of-way or other city property within RCWD. Therefore, in individual applications for SRP projects, St. Anthony will not be required to use infiltration BMPs or further substantiate that infiltration is infeasible. 3. Individual permit applications for SRP projects will: • Include submittals meeting RCWD requirements except for infiltration sequencing; • Be allowed to use stormwater treatment BMPs within the same subwatershed to meet Rule C requirements • Calculate phosphorus removal requirements using the equivalency factor stated below and present a proposed BMP approach to meet those requirements; and • Demonstrate compliance with standards of Rule C (except with respect to infiltration) and other applicable RCWD rules. In the event that RCWD Rule C is revised during the term of this MOA, the infiltration sequencing outcome of this MOA and phosphorus removal credits established under terms of this MOA will be protected, but the project will be subject to the water quality standard applicable at the time of application. The District retains the authority to condition a permit to address potential local water resource impacts. 4. For individual SRP project applications: a. St. Anthony will construct and use regional BMPs. b. Regional water quality BMP requirements will be determined by using a factor equating annual volume abstraction and annual total phosphorus removal. The "equivalence factor" to be used in implementing this MOA is 0.97 pounds of total phosphorus per acre-foot of runoff volume abstracted. City of St. Anthony 2 Rice Creek Watershed District 5/16/2012 77 5. The RCWD will maintain records of St. Anthony's phosphorus removal credit balance for each subwatershed. With each SRP application, St. Anthony will be responsible to demonstrate that the balance is sufficient. 6. St. Anthony may establish phosphorus removal credits in two ways: a. St. Anthony may demonstrate that an existing BMP has phosphorus removal capacity in excess of the greatest of the following: (i) compliance requirements for which the BMP was constructed; (ii) the current RCWD standard applied to the SRP area; and (iii) the proportion of the BMP funded by RCWD cost -share. b. St. Anthony may modify an existing BMP or construct a new one. For a new BMP to be eligible for phosphorus removal credit, it must be situated upgradient of any natural surface water resources that could be subject to adverse impacts. St. Anthony will prepare and submit BMP design calculations to RCWD for review and approval. Design, as -built and other appropriate data will be included in the submittal. For non-standard BMPs, the RCWD and St. Anthony will cooperate to determine the credit. Such BMPs may require a monitoring period before the credit can be determined. Each BMP providing credit must conform to applicable design standards in Rule C and be subject to St. Anthony's maintenance commitment in accordance with that rule. 8. Nothing in this MOA creates or establishes a partnership, joint venture or agency relationship between the parties. RCWD review or approval of design plans and specifications is solely for the purpose of fulfilling its responsibilities under this MOA in its regulatory capacity. As between the parties, St. Anthony is solely responsible for selection of BMPs and the means, method and manner of BMP construction. Nothing it this MOA creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. 9. This MOA is effective as of the date on which it is executed by both parties and expires on December 31, 2024. It may be amended only in a writing signed by both parties. 10. The recitals stated above are incorporated as part of this MOA. City of St. Anthony 3 Rice Creek Watershed District 5/16/2012 IN WITNESS WHEREOF, the parties execute this MOA. Rice Creek Watershed District By _ Date: Name (print) ----------------------- President, Board of Managers Approved as to Form and Execution im Name (print) Its Attorney City of St. Anthony By:-------------- Date: Name (print) ---------------------- Its City Manager City of St. Anthony 4 Rice Creek Watershed District 5/16/2012 FUTURE COUNCIL AGENDA ITEMS 05/22/2012 Meeting Meeting Date Type items/issues Staff present May 29 SPECIAL Joint Meeting with School Board City Council 5:30 pin WORKSESSION Following City Manager Resolution Accepting the Results of the Study regarding Regulation of Assemblies, Meeting Lodges, and Convention Halls. City Council June 12 Regular Feasibility Study for the 2013 Street Improvement Project City Manager Resolution for the CUP to allow a religious assembly at 3055 Old City Engineer Highway 8 Stacie Kvilvang Approval of a Purchase Agreement/ Development Agreement for Dominium (City Council & HRA) Planning Commission Items from June 19 Approval of Election Judges for the Primary Election City Council June 26 Regular 2011 Audit Presentation City Manager City's Insurance Renewal Finance Director Finance Director's Annual Report July 10 Regular City CouncilCity Manager July 24 Regular Planning Commission items from July 17 City Council Nite to Unite Proclamation City Manager SPECIAL City Council August 6 5:30 pin WORKSESSION City Manager Dept. Heads August 14 Regular City Council 8:00 PM City Manager Planning Commission Items from August 21 City Council August 28 Regular Accept Feasibility Report and Order Plans & Specifications for City Manager the 2013 Street Project City Engineer Proclamation for Kiwanis Peanut Day City Council September 11 Regular Proposed 2013 Budget &Levy City Manager Finance Director September 25 Regular Planning Commission Items from September 18 City Council City Manager October 9 Regular Approval of Election Judges for the Presidential Election City Council City Manager October 23 Regular Planning Commission Items from October 16 City Council City Manager October 30 SPECIAL Joint Meeting with School Board City Council 5:30 pm City Manager