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I I I Council Meeting Minutes February 11, 1997 Page 10 Council Business. continued For example, the Metropolitan Council has authority over operations of the Metropolitan Waste Control Commission. In addition, the SRA expanded its powers into the sewage disposal and telecommunications area, and created temporary memberships to give prospective members opportunity to try it out before committing to full membership. Larger memberships benefit existing members in terms of power and sharing fixed costs. Concern was raised at a recent SRA meeting that section 12 of the Agreement may authorize the SRA Board of Directors to unilaterally enter into contracts with public utilities for utility products and services for some or all members. A resolution was adopted at the annual meeting and filed with permanent records. It states: 1) The SRA Board may not and will not contract for utility services without the specific request and consent of those member or nonmember units to whom utility services are to be provided under such a contract; 2) The SRA Board may not and will not contract for utility services for all members without the specific request and consent of all members. Motion by Benke, seconded by Samuelson, to APPROVE THE AMENDED JOINT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEW BRIGHTON AND THE SUBURBAN RATE AUTHORITY. 5 Ayes - 0 Nayes, Motion Carried. Benke explained that the Minnesota City Participation Program (MHFA) will provide below market rate mortgage loans for first-time home buyers. The program is consistent with New Brighton's housing goals defined in the City's Housing Plan. The program encourages home ownership of older, less expensive housing and works toward Liveable Community Act Goals of increasing owner-occupied housing. Motion by Benke, seconded by Williams, to AUTHORIZE MAYOR AND MANAGER TO EXECUTE AND SUBMIT APPLICATION TO MHFA'S MN CITY PARTICIPATION PROGRAM. 5 Ayes - 0 Nayes, Motion Carried. Fulton presented a request for the League of Minnesota Cities Insurance Trust (LICIT) to represent the City in an appeal of the Minnesota Police Recruitment System (MPRS) lawsuit. In 1993, two black police officer candidates initiated a lawsuit against the MPRS and the 36 member cities alleging testing procedures violated the Minnesota Human Rights Act. In 1994, a Court ruled in favor of the plaintiffs, and ordered the cities to develop a plan to implement affirmative action efforts. To date, the cities have made changes in testing procedures; the court assessed damages, costs and attorney fees; and hiring commitments and affirmative action issues are being addressed. LeFevere said the cities directed MPRS to request LICIT to represent them in an appeal at LICIT expense. The rationale for the appeal relates to the court order which created extraordinary difficult hiring standards, continued jurisdiction over defendants until January 2001, and ongoing challenges of employment practices. The risk is if the cities decide not to appeal and the MPRS appeal is successful, then it is unclear if the cities are obligated to the Court order. General rule is nonparticipating parties are not given benefit of a successful appeal. Council Business SRA Agreement Report 97-024 MHF A Program Report 97-026 MPRS Appeal Report 97-035 Resolution 97-011