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3. Request for Reconsideration of Council Decision Amending the Joint Cooperative Agreement creating the Suburban Transit Association, Colleen DockendorfCITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administratot Endorszd • � MEMORANDUM th d Rejected q TO: Don Ashworth, City Manager Date submit to commission FROM: Sharmin Al -Jaff, Planner II _ Date subm:red to council p1 -1 C) ? DATE: February 10, 1997 SUBJ: Request for Reconsideration of City Council Decision Amending the Joint Cooperative Agreement creating the Suburban Transit Association, Colleen Dockendorf On January 13, 1997, the City Council reviewed and approved an amendment to the Joint Cooperative Agreement that would allow the City of Chanhassen to become a member of a Suburban Transit Association. The amendment was approved with changes to the proposed language of the agreement. Staff reported the decision of the Council to Ms. Colleen Dockendorf, Interim Executive Director for Southwest Metro Transit. She stated that even though the change can be accommodated, it is logistically inconvenient since eleven other cities will have to amend their agreement as well. She requested permission to appear before the City Council to discuss this item. d ATTACHMENTS. 1. Staff report dated January 13, 1997. 2. City Council minutes dated January 13, 1997. g: \plan\sa\sta2.jca CITY OF A= CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 AcWa By City Administrator fndots6a ✓ - wA MEMORANDUM TO: FROM: DATE: SUBJ. Don Ashworth, City Manager Sharmin Al -Jaff, Planner II January 13, 1997 11oddiP Rele I - 8 - 9 Date Submitted to Commission Date Su.^:tted to Gouhcil r -13 -11 Joint Cooperative Agreement creating the Suburban Transit Association On October 12, 1995, the City Council approved a Joint Cooperative Agreement that would allow the City of Chanhassen to become a member of a Suburban Transit Association. All opt - out communities are members of the association. The association forms a coordinated legislative agenda representing the interest of opt -out communities. Southwest Metro Transit Commission is requesting that the City Council approve a resolution executing an amended Joint and Cooperative Agreement. Attached is a memo form Bob Renner, Jr., STA Legislative Consultant, explaining the amendments. Also attached is the amended Joint and Cooperative Agreement. All deleted language is stricken and new language is underlined. STAFF RECOMMENDATION Staff is recommending adoption of the attached Resolution Relating To Joint And Cooperative Agreement For Suburban Transit Association. ATTACHMENTS 1. Memo from Bob Renner, Jr. dated November 26, 1996. 2. Resolution Relating To Joint And Cooperative Agreement For Suburban Transit Association. 3. Joint And Cooperative Agreement For Suburban Transit Association. SAplan\sa\sta jca 9 ". M ESSERLI & KRAM ER P. A. TO: STA Members FROM: Bob Renner, Jr. STA Legislative Consultant RE: Amendments to the Suburban Transit Association Joint and Cooperative Agreement JOSEPH W. LAWYER R. TERRI MANDEL GARY W. BECKER ANN M. SETNES JOHN F. APITZ VINCENT G. ELL^ LINDA S. JENSEN LEANNE G. LITFIN WILLIAM B. BUTLER JEFFREY M. ELLIS MADHULIKA JAIN MARTIN A. MUENZMAIER LYNN M. NICHOLS ALICIA R. DRAKE STEPHANI M. HINZE OF COUNSEL DANIEL S. KLEINBERGER Please find attached a resolution which should be adopted by your city council. This resolution executes an amended Joint and Cooperative Agreement creating the Suburban Transit Association (STA). After its adoption, please mail a signed copy of the resolution to my assistant, Jennifer Peterson, in the enclosed envelope. The STA Board of Directors approved several amendments to the Joint and Cooperative Agreement at its November 20, 1996 meeting. I have attached a copy of the Agreement with deleted language stricken and new language underlined. It is necessary for all cities that signed the original Agreement to adopt the attached resolution before the proposed amendments are operative. A brief explanation of the amendments follows. ARTICLE 8, SECTION 8.1 This section is amended by deleting the requirement that an annual organizational meeting be held each October. The October date was awkward because members and officers of the STA elected in October may be defeated in city elections held in November. If this amendment is adopted, the annual organizational meeting will be held after the general election in November. DEC 0 9 1996 ATTORNEYS AT LAW WILLIAM F. MESSERLI ROSS E. KRAMER LEAGUE OF MINNESOTA CITIES BUILDING TOM TOGAS RONALD S. PETERSON SUITE 450 MARK S. LARSON ROBERT G. RENNER. JR. 145 UNIVERSITY AVENUE WEST GEORGE R. SEROAR SANDRA L. NEREN ST. PAUL, MINNESOTA 55103-2044 CHRISTOPHER B. HUNT JAMES C. WICKA (612) 228 DANIEL J. GOLDBERG JOSEPH B. NIERENBERG FACSIMILE (612) 228 WILLIAM C. HICKS WILLIAM M. HABICHT JOHN W. LANG PAUL W. ANDERSON AUTHORIZED TO PRACTICE LAW IN MINNESOTA, WISCONSIN. ILLINOIS, IOWA. SOUTH DAKOTA, FLORIOA AND WASHINGTON, D.C. WRITERS DIRECT DIAL NUMBER MEMORANDUM DATE: November 26, 1996 TO: STA Members FROM: Bob Renner, Jr. STA Legislative Consultant RE: Amendments to the Suburban Transit Association Joint and Cooperative Agreement JOSEPH W. LAWYER R. TERRI MANDEL GARY W. BECKER ANN M. SETNES JOHN F. APITZ VINCENT G. ELL^ LINDA S. JENSEN LEANNE G. LITFIN WILLIAM B. BUTLER JEFFREY M. ELLIS MADHULIKA JAIN MARTIN A. MUENZMAIER LYNN M. NICHOLS ALICIA R. DRAKE STEPHANI M. HINZE OF COUNSEL DANIEL S. KLEINBERGER Please find attached a resolution which should be adopted by your city council. This resolution executes an amended Joint and Cooperative Agreement creating the Suburban Transit Association (STA). After its adoption, please mail a signed copy of the resolution to my assistant, Jennifer Peterson, in the enclosed envelope. The STA Board of Directors approved several amendments to the Joint and Cooperative Agreement at its November 20, 1996 meeting. I have attached a copy of the Agreement with deleted language stricken and new language underlined. It is necessary for all cities that signed the original Agreement to adopt the attached resolution before the proposed amendments are operative. A brief explanation of the amendments follows. ARTICLE 8, SECTION 8.1 This section is amended by deleting the requirement that an annual organizational meeting be held each October. The October date was awkward because members and officers of the STA elected in October may be defeated in city elections held in November. If this amendment is adopted, the annual organizational meeting will be held after the general election in November. DEC 0 9 1996 ARTICLE 10. SECTION 10.2 The date when dues to the STA are due has been changed from October to January 15 of the subsequent year. This date change is necessary since the amount of dues will not be set until the Board of Directors approved dues at the organizational meeting held in November or December. ARTICLE 10. SECTION 10.3 This amendment is substantive. The current Agreement states that the STA budget is deemed approved unless a party to the Agreement withdraws in writing by September 15. The amendment proposes that the Board approve the annual budget at its organizational meeting in November or December. ARTICLE 11. SECTION 11.1 This amendment changes the effective date for withdrawal of a member from October 1 to December 31. The date by which a member must notify the STA of its intent to withdraw remains September 15. This amendment was made because the dues paid by each member covers membership from January 1 to December 31. I appreciate your cooperation in this amendment process. If you have any questions, please call me or Lynn Nichols at 228 -9757. RGR:jjp:8000_I.W5 b November, 1995 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute §471.59 permits two or more sub - units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of; �rograms on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affiliate members, such as transit commissions or associations previously created by a joint powers agreement, to jointly and cooperatively develop programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions to be used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the Suburban Transit Association to carry out the objectives of this Agreement. z 7 ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" means the governing body of th6 Association. 3.2) "Association" means the organization created pursuant to this Agreement. 3.3) "Authority" means the governing body of a Party. 3.4) "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. 3.5) "Party" means a municipality which has entered into this Agreement. 3.6) "Affiliate Member" means an organization, commission, association or municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. ARTICLE 4. ADDITIONAL PARTIES Any other organization, commission, association or municipality may become a Party or Affiliate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair. This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1995, whichever is sooner. ARTICLE 6. POWERS AND DUTIES OF THE ASSOCIATION The powers and duties of the Association shall include the powers set forth in this article. 6.1) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 2 6.2) It may take such action as it deems necessary and appropriate to accomplish the general purposes of this Association. 6.3) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Association. 6.4) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.5) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.6) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.7) It may contract with any of the Parties or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.8) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.9) It shall cause an annual audit of the books of the Association to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Association as provided in this Agreement. 6.10) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.11) It may exercise any other power necessary and incidental to the implementation of its powers and duties. 3 ARTICLE 7. BOARD OF MEMBERS 7.1) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member. Each Board Member shall have one (1) vote. The Authority of each Party shall appoint its one (1) Board Member, who shall be an active Council or Authority member. A preference should be made by the Authority to appoint council members who also serve on a transit commission or association previously created by a joint powers agreement to serve on the Board of Members. Board Members shall serve without compensation from the Association. 7.2) Proxy voting by a Board Member's designee shall be permitted. 7.3) Each Board Member shall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Association. 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party whose position on the Board is vacant. ARTICLE 8 MEETINGS 8.1) The Association shall meet at least semi - annually and shall hold an annual organizational meeting in Oetaber- 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. 4 8.3) Special meetings of the Board may be called (a) by the Chair or (b) by the Board upon written request of the majority of the Board Members. Three (3) days' written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications - The officers of the Association shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Chair and Vice Chair shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December 31 of that year. All officers shall be Board Members. New officers shall take office at the adjournment of the annual meeting of the Association at which they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re- elected, officers may serve for more than one year. 9.2) Resignation - Any officer of the Association may resign at any time by giving written notice of his/her resignation to the Board, to the Chair, or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal - Any officer may be removed, with or without cause, by a vote of four - fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 5 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) Chair; Vice Chair - The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) Secretaryfl'reasurer - The Secretary/'h-easurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Association. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Association. Orders, checks, and drafts of the Association shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretaryfl'reasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Association. 9.7) Other officers - The Association may appoint such other officers as it deems necessary. All such officers shall be Board Members. 9.8) Committees - The Association may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE 10. FINANCIAL MATTERS 10.1) Association funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, by any two (2) officers. 9 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its annual meeting not to exceed $.20 per capita by 9etebe January 15 of the subsequent vear of eaeh= based upon the most recent Metropolitan Council population estimates. The financial contributions of Affiliate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. 10.3) A proposed budget shall be formulated by the Board and submitted to the Parties on or before August 1 of each calendar year. &ueh4mdget shall be deemed by a Party upAess, prior- te September- 15 of i w i thd raw i ng r e m t 4 atio Final action adopting a budget for the ensuing calendar year shall be taken by the Board en-ep-b at the 6etebes organizational meeting each year. 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 11 WITHDRAWAL 11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this Agreement effective on ^ December 31 of any year by giving notice pursuant to Section 2 of this Article prior to S ep t em ber - 15 of the September 15. 11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or Affiliate Member that withdraws from this Association nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. 7 s ' ARTICLE 12 AMENDMENTS 12.1) Amendments - This Agreement may be amended by a vote of two - thirds (2/3) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice of the meeting and the proposed amendment is provided in writing to all Board Members at least seven (7) days in advance of the meeting. ARTICLE 13. DISSOLUTION 13.1) Duration of Association - The Association shall be dissolved if less than two (2) Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets - Upon dissolution of the Association, all remaining assets of the Association, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Association. The Association shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. IN WITNESS WHEREOF, The municipality of has caused the Agreement to be signed on its behalf this day of , 19_ LN Un LA1S:yp Q021 W51, 11 IQ CITY OF RESOLUTION NO. A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED, by the City Council of the City of Minnesota, as follows: WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them, and WHEREAS, the parties have entered into this Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the Joint and cooperative Agreement as amended and attached hereto. ADOPTED this day of ' 199—. , Mayor ATTEST: , City Clerk ' Col i Fire Chief -Jim McMahon „:f3 "- : y' : . t.- 7 ,'.' :: ?i. "" :,':x ..u.,.y •� ' °3,:;t.z n,,.::� s -�! t , ♦: ��.j i ,, ,s p .t y,t ' < l h - ;�' Health Officer-Dr. David McCollum Agent of Record - Dolliff insurance.- °- Official Depository -'Chanhassen Bank T t & R d h or - an ges a pat ,•,, Bond Consultant - Springsted City Attorney Campbell, Knutson, Scott & Fuchs All voted in favor and the motion carried unanimously. Mayor Mancino: Turning to Acting Mayor. The Acting Mayor will takeover the duties and responsibilities of the' Mayor during her absence or disability. May I please have nominations for an Acting Mayor for the year 1997. Councilman Berquist: I would nominate Councilman Mason..: , Mayor Any l Y Do you accept the nomination ? Councilman Mason: Oh sure. Mayor Mancino: Nominations are closed. All those in favor of Mr. Mason please say aye? Councilman Berquist moved to nominate Councilman Mason as Acting Mayor. All voted in favor and the motion carried. = ,, � a 7 - a'$.l. n f • :1 ' �e •s " 4 ,' 4 � .. ',' Councilman Mason: Now you're not planning'on being sick at any Council meetings or anything like that are you? Mayor Mancino: Going on a prolong...okay, thank you. CONSENT AGENDA: Mayor Mancino: Item 2(b) has been pulled from the Consent Agenda per staffs request. Councilman Senn: I'd like to pull 2c please. Mayor Mancino: Any other Council members that would like to pull an item from the agenda? Consent agenda. Councilman Senn, can we deal with 2c and make those changes right now? Councilman Senn: Yep, very quickly. Mayor Mancino: And then have a motion for the entire Consent Agenda. Councilman Senn: Okay, if you go to the Joint and Cooperative Agreement, under the Preliminary Statement, in the last sentence. I would like to change the last sentence where it reads, for the development of programs to for the development of transportation and mass transit programs. And likewise, in the third line of General Purpose where it 2 City Council Meeting - January 13, 1997 says jointly and cooperatively develop programs. Instead say, jointly and cooperatively develop a transportation and mass transit program. And then back on page, let's see where are we? Page 7 under Article 10.3 where it says, a proposed budget shall be formulated by the Board and submitted to the parties. Instead have it read, formulated by the Board and submitted to the Cities for review and comment. Mayor Mancino: Thank you very much. May I have a motion for the Consent Agenda for items 2a, c, d, e, f, and g please. Councilman Mason: Move approval. Councilman Berquist: Second. Councilman Mason moved, Councilman Berquist seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Resolution #97 -02: Accept Public Street and Storm Sewer Improvements in The Meadows at Longacres 2 "d Addition, Project 95 -10. C. Resolution #97 -03: Approve Revised Joint Powers Agreement with Suburban Transit Association as amended by Councilman Senn. d. Approval of Bills. C. City Council Truth in Taxation Hearing Minutes dated December 4, 1996 City Council Minutes dated December 16, 1996 Planning Commission Minutes dated December 4, 1996 f. Approve Certificate of Correction to Prairie Creek Plat. g. Resolution #97 -04:, Approval of Gambling Permit Application, Chanhassen Lions. All voted in favor and the motion carried. Councilman Senn: Mayor, excuse me. Just clarification. On 2(b), is that being pulled off the agenda totally or just off the Consent Agenda? Mayor Mancino: Totally off the agenda and will reappear January 27` Thank you. VISITOR PRESENTATIONS:, VILLAGES ON THE PONDS. BRAD JOHNSON Brad Johnson: I'm Brad Johnson, 7425 Frontier Trail. I'm going to ask Vernelle just to hand out some information to the four of you, or the five of you. And the staff. First of all, congratulations. To all the new faces. The two Mark's. The new Assistant Mayor or whatever we are over here and I think we all want to say a fair good -bye to our previous Mayor. Everybody's in the room so we have of course been very active with you. Over the last year the City Council, Planning Commission, Met Council and the developers all have made in one way or another a commitment to attempt to have affordable housing as defined by the Met Council units in the Villages on the Ponds. What that means is that the goal would be to have affordable rental units in the area of $683.00 per month and/or for sale units at a rate of $120,000.00 for sale. To achieve that goal is fairly difficult. Once we start looking into the various alternatives of financing this type of transactions where you get the rents down well below market, we discovered that there was a law passed a couple of years ago, as I mentioned in my letter, that was basically designed to discourage the development or the classification of redevelopment districts in cornfields. And they assumed that most of the cornfields would have been green acred and green acred so they prohibited new districts being formed other than economic districts basically and green acred property. That prohibits the possibility of using tax