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HomeMy WebLinkAboutCity Council Packet 1-27-16CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA January 27, 2016 at 7:00 P.M. A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___ FISCHER ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C. PRESENTATIONS : D. APPROVAL OF MINUTES: 1. January 6, 2016 City Council Work Session Meeting Minutes 2. January 13, 2016 City Council Meeting Minutes E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements th rough : 1/20/16 $82,238.53 Payroll through : 1/15/16 $16,121.40 2. Approval of City License(s) 3. Designated City Signors for City Funds, Investments and Transfers 4. Appointment of Walt Dunlap to the Parks and Recreation Commission 5. Fire Department Appointment of Ian McCready 6. Resignation of Michael Tester from the Falcon Heights Volunteer Fire Department 7. Authorization to Apply for the Good Neighbors Fund Grant for Bike Fixit Stations G: POLICY ITEMS: 1. Mutual Aid Agreement - Closest Emergency Response Unit H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: BLANK PAGE  CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES January 13, 2016 at 7:00 P.M. A. CALL TO ORDER: 7:05 PM B. ROLL CALL: LINDSTROM _X__ HARRIS _X___ BROWN THUNDER _X__ FISCHER _X__ GUSTAFSON_X__ STAFF PRESENT: THONGVANH_X___ C. PRESENTATIONS: 1. Oath of Office D. APPROVAL OF MINUTES: 1. December 9, 2015 City Council Meeting Minutes Approved 2. December 21, 2015 Special City Council Meeting Minutes Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 1/06/16 $437,333.13 Payroll through: 12/31/15 $35,303.40 2. Approval of City License(s) 3. Designating Official Depositories for 2016 4. Review Elected Official Out-of-State Travel Policy 5. Review and Adopt Council Standing Rules 6. Council/City Commission Liaison Assignments 7. Appoint Acting Mayor 8. Commission Reappointments a. Ammended to remove Michael Breen from reappointment 9. Mile Reimbursement Rate for 2016 10. Approval of the 2016 NYFS Cooperative Service Agreement 11. 2016 Greater Housing Cooperative Service Agreement 12. Capitol Region Watershed District - Curtiss Field Improvement Project Final Payment 13. Hardrives-Final Pay Request Council Member Gustafson Moved, Approved 5-0 1/22/2016 1 of 52 G: POLICY ITEMS: 1. Snow Removal Fee a. City Administrator Thongvanh states that per code, snow and ice must be removed from a public sidewalk within 24 hours. If it is not removed, it gives the city or a contractor hired by the city, authority to abate the nuisance. Unpaid invoices can be certified by the city as a special assessment through Ramsey County. There is currently not a fee on the fee schedule. The proposed fee is a $100/hour with a minimum of one hour charge. Council Member Fischer Moved, Approved 5-0 H. INFORMATION/ANNOUNCEMENTS: Council Member Fischer: • Councilor Fischer attended the Human Rights Day documentary, Trail of Tears, on December 10. It was a touching documentary, and there were members of the Cherokee community present. • The Community Engagement Commission will be meeting on January 25th for their annual gathering. Council Member Harris: • Councilor Harris stated that the Planning Commission hasn’t met but will be meeting this month. Council Member Gustafson: • Councilor Gustafson stated the Parks and Recreation Commission met on Monday. The commission is working on providing a letter of recommendation to the council in February in regards to Curtiss Field. They are hoping to look at strategic needs, plans, and priorities. The commission was pleased with the results of the online survey. They are changing the meeting date from the second Monday of the month to the first Monday of the month. The next meeting will be February 1, 2016. Council Member Brown Thunder: • Councilor Brown Thunder stated the NYFS fundraising committee got together to start planning this year’s golf tournament. The event will be held again in June. • Additionally the senior chore program is up and running, and there are many youth seeking opportunities to help in the community. Snow removal assistance is one of the services that are available. Mayor Lindstrom: • The Environment Commission met on Monday, and the USDA was a guest speaker. The USDA has a tree program that assists communities with varies aspects of urban forestry. The commission is looking at collaborating with them. • We participated in the Met Council RFP for community solar gardens, and have been selected to participate. We now have 30 days to review the contract. • Winterfest is coming up on January 31st from 1-4pm at Community Park. • The Lions Club is offering $1,000 scholarships to Roseville High School graduates. 1/22/2016 2 of 52 • The Community Engagement has their annual gathering on Monday, January 25th at 7pm. They are hosting the MN Dept. of Human Rights Commissioner. City Administrator Sack Thongvanh: • We want to thank the community for their feedback given on Curtiss Field. We expect a recommendation from the Park and Rec Commission in early February. From there he intends to present it to the council at a council retreat. • City staff is continuing to work on the website and e-forms. Additionally, 2016 will be a busy year for finance planning. He and the Financial Director are looking at developing a long-term plan for the city in terms of revenue, expenditures, capital outlays, and street improvements. They intend to dive into that even more after the audit is done in March. • AARP will be starting their free taxes services on February 2, 2016 at City Hall. This service will be available on Tuesdays and Thursdays from 9am-12pm until April 14, 2016. I. COMMUNITY FORUM: Resident of 1732 N. Albert Street: Resident spoke of an incident that took place on Saturday, December 26. That day we received a snowfall. At about 8am he noticed citations, written at 7:07am, on both of his vehicles parked on Albert Street. He states was able to move his vehicles off the street prior to the plows arriving. He says he plans to appeal the citations. J. ADJOURNMENT: 8:01 PM _____________________________ Peter Lindstrom, Mayor Dated this 13th day of January, 2016 __________________________________ Sack Thongvanh, City Administrator 1/22/2016 3 of 52 BLANK PAGE  1/22/2016 4 of 52 Falcon Heights City Council Workshop City Hall 2077 W Larpenteur Ave. 6:30 p.m. MINTUES Wednesday, January 06, 2016 Fire Department-Tour of Fire Hall and Operations 1) Fire Department-Shared Services Closest Unit Dispatch Joint Powers Agreement • The JPA would exist for the closest department to be dispatched but only for confirmed structural fire or a cardiac arrest call. The closest fire department will respond, and when the city fire department is on site it’s the commanding department on scene. Anything below an eight hour fire call is not billable. 2) Extending Commission Terms • There is a proposal to extend the length of the terms to two, four year terms. 3) Snow Removal Updates & Fee • Snow removal fees have not determined. A recommendation based on what other cities do is a fee of $100/hourr with a minimum fee of $100. The code states that each property has until the 24 hour mark, once snow has stopped falling, to clear their sidewalk of snow and ice. Other cities have a street maintenance fee. There will be discussion this year on the remaining sidewalks that the city is maintaining and to look at comparisons with other cities. _____________________________ Peter Lindstrom, Mayor Dated this 6th day of January, 2016 __________________________________ Sack Thongvanh, City Administrator 1/22/2016 5 of 52 BLANK PAGE  1/22/2016 6 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 1/20/16: $82,238.53 Payroll through: 1/15/16: $16,121.40 Budget Impact The general disbursements and payroll are consistent with the budget. Attachment(s) • General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date January 27, 2016 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ 1/22/2016 7 of 52 BLANK PAGE  1/22/2016 8 of 52 1/22/2016 9 of 52 1/22/2016 10 of 52 1/22/2016 11 of 52 1/22/2016 12 of 52 1/22/2016 13 of 52 1/22/2016 14 of 52 1/22/2016 15 of 52 1/22/2016 16 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a Municipal Business License. Staff has received the necessary documents for licensure. 1. The Art LLC 2. Metro Nation of IL, LLL dba Metro PCS 3. Out on a Limb Dance Company The following individuals have applied for a Tree Trimming/Treating/Removal License. Staff has received the necessary documents for licensure. 1. Hoffman & McNamara Co. 2. Precision Landscape and Tree, Inc. Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2016 City License Applications. Meeting Date January 27, 2016 Agenda Item Consent F2 Attachment N/A Submitted By Tim Sandvik, Deputy Clerk Families, Fields and Fair __________________________ 1/22/2016 17 of 52 BLANK PAGE  1/22/2016 18 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Designated Signor for City funds, Investments, and Transfers Description In accordance with Minnesota Statute 412.271 the Mayor and City Clerk are required to be the designated signors for any orders drawn on the city’s funds. The signors currently are Mayor Peter Lindstrom and City Administrator/City Clerk Sack Thongvanh. Previously, two other council members (Chuck Long and Beth Mercer Taylor) had been granted signing authority by the city council to be used in emergency situations. Since they no longer serve as council members their authority needs to be rescinded. Also, council member Joseph Good Thunder has been chosen to serve as acting Mayor Pro Tem in Mayor Lindstrom’s absence. Staff recommends approving council member Joseph Good Thunder to be designated signors for city funds with the intent to be used for emergency situations and Mayor Lindstrom’s absence. Also, removing Council Member Pam Harris because Joseph Brown Thunder has been appointed as Mayor Pro Tem. Budget Impact N/A Attachment(s) N/A Action(s) Requested Continue designated signors for city funds for Mayor Peter Lindstrom and City Administrator/City Clerk Sack Thongvanh. Rescind singing authority for past council members Chuck Long, Beth Mercer Taylor and current council member Pamela Harris since there is no need with the approval of signing authority for council member Joseph Brown Thunder serving as acting Mayor Pro Tem. Meeting Date January 27, 2016 Agenda Item Consent F3 Attachment N/A Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ 1/22/2016 19 of 52 BLANK PAGE  1/22/2016 20 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of Walt Dunlap to the Park & Recreation Commission Description City Staff has interviewed and recommended Walt Dunlap to Mayor Lindstrom for final recommendation for the Park and Recreation Commission. Application: Date: 7/24/15 Name: Walt Dunlap Street Address: 1503 Iowa Avenue How Long at Above Address? two years In Which Capacity Would You Like to Serve? Park and Rec Commission What is the Reason You Would Like to Serve? This is a good community to live in, and citizen input makes it better. I would like to help provide that input List Prior (Previous) Public Service: Arts Commission, Historic Preservation Committee for Fergus Falls, City of Virginia planning and zoning, 1994-5. Other Relevant Background (Other Comments): Director of Fergus Falls Public Library for 15 years, Fergus Falls Area Garden Club 2007-2008. Budget Impact N/A Attachment(s) • Application • Resolution 15-04 Appointment of Walt Dunlap to the Park and Recreation Commission Meeting Date January 27, 2016 Agenda Item Consent F4 Attachment Application & Resolution Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 1/22/2016 21 of 52 Action(s) Requested Staff would recommend approval of attached resolution and appoint Walt Dunlap to the Park and Recreation Commission. 1/22/2016 22 of 52 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 27, 2016 No. 16-04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING WALT DUNLAP TO THE FALCON HEIGHTS PARK AND RECREATION COMMISSION WHEREAS, the Park and Recreation Commission shall serve in an advisory capacity to the City Council on all policy matters relating to public parks, facilities and recreation programs; and WHEREAS, City Staff and the Mayor has interviewed Walt Dunlop and recommends appointment to the Falcon Heights Park and Recreation Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Joseph Brown Thunder Mayor Pro Tem LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON 1/22/2016 23 of 52 BLANK PAGE  1/22/2016 24 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of Ian McCready to the Falcon Heights Volunteer Fire Department Description Ian McCready submitted an application to the Fire Department because of his interest and experience in public safety with prior experience full time capacity as a Firefighter/EMT. Mr. McCready is currently employed by Hennepin EMS as a paramedic. Fire Department personnel have reviewed his application and interviewed Mr. McCready. They believe his work experience would be beneficial to the City. The Department would recommend the appointment of Ian McCready. Mr. McCready will have two years to complete the necessary training and education before he will be an official volunteer firefighter. Budget Impact N/A Attachment(s) • Introduction Letter • Resolution 16-05 Appointing Ian McCready to the Falcon Heights Volunteer Fire Department Action(s) Requested Staff would recommend the appointment of Ian McCready to the Falcon Heights Volunteer Fire Department. Meeting Date January 27, 2016 Agenda Item Consent F5 Attachment Introduction Letter & Resolution Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 1/22/2016 25 of 52 BLANK PAGE  1/22/2016 26 of 52 1/22/2016 27 of 52 1/22/2016 28 of 52 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 27, 2016 No. 16-05 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPPOINTING IAN MCCREADY TO THE FALCON HEIGHTS VOLUNTEER FIRE DEPARTMENT WHEREAS, the City of Falcon Heights has a Volunteer Fire Department and continues to advertise for people interested in serving the City of Falcon Heights ; and WHEREAS, the City received an application from Ian McCready regarding his interest to serve on the Fire Department; and WHEREAS, the Fire Department conducted an interview and would recommend that the Council appoint Ian McCready to the Falcon Heights Volunteer Fire Department. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That Ian McCready has twenty-four (24) months to complete all necessary training and education. 2. That the appointment is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Joseph Brown Thunder Mayor Pro Tem LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON 1/22/2016 29 of 52 BLANK PAGE  1/22/2016 30 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Resignation of Michael Tester from the Falcon Heights Volunteer Fire Department Description Michael Tester has submitted a “Letter of Resignation” due to his current work situation. In the future if he does meet the firefighter requirements, he would like to be reconsidered. Budget Impact N/A Attachment(s) • Resignation Letter • Resolution 16-06 Accept the Resignation of Michael Tester from the Falcon Heights Volunteer Fire Department Action(s) Requested Staff would recommend accepting the resignation of Michael Tester from the Falcon Heights Volunteer Fire Department and approve the attached resolution. Meeting Date January 27, 2016 Agenda Item Consent F6 Attachment Resignation Letter & Resolution Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 1/22/2016 31 of 52 BLANK PAGE  1/22/2016 32 of 52 1/22/2016 33 of 52 BLANK PAGE  1/22/2016 34 of 52 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 27, 2016 No. 16-06 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ACCEPTING THE RESIGNATION OF MICHAEL TESTER FROM THE FALCON HEIGHTS VOLUNTEER FIRE DEPARTMENT WHEREAS, the City has a Volunteer Fire Department; and WHEREAS, Michael Tester was appointed to the Falcon Heights Volunteer Fire Department in 2014 and has submitted a letter of resignation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the “Letter of Resignation” is accepted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Joseph Brown Thunder Mayor Pro Tem LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON 1/22/2016 35 of 52 BLANK PAGE  1/22/2016 36 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Authorization to Apply for the Good Neighbor Fund Grant for Bike Fixit Stations Description Staff is requesting that we apply and submit a grant application for the Good Neighbor Fund to purchase and install (3) three bicycle Fixit Stations in Falcon Heights. The amount requested is for $5,000. The stations will be located at Community Park, City Hall, and near Falcon Heights Elementary School. These stations will include a manual tire pump, basic hand tools, and a bicycle stabilization apparatus for safety. Budget Impact This grant would fund the entire project and would have no budget impact. Attachment(s) • Rendering Examples Action(s) Requested Staff recommends that the Falcon Heights City Council approve the request to apply and submit the Good Neighbor Fund Grant for bicycle fixit stations in Falcon Heights. Meeting Date January 27, 2016 Agenda Item Consent F7 Attachment Example Renderings Submitted By Paul Moretto, Community Development Coordinator Families, Fields and Fair __________________________ 1/22/2016 37 of 52 BLANK PAGE  1/22/2016 38 of 52 1/22/201639 of 52 BLANK PAGE  1/22/2016 40 of 52 1/22/2016 41 of 52 BLANK PAGE  1/22/2016 42 of 52 1/22/2016 43 of 52 BLANK PAGE  1/22/2016 44 of 52 REQUEST FOR COUNCIL ACTION The City That Soars! Item Fire Department-Shared Services Closest Unit Dispatch Joint Powers Agreement Description Fire Chief Rich Hinrichs will be present to discuss if the City of Falcon Heights should consider joining a joint powers agreement with the Cities of Maplewood, Saint Paul, Roseville, Little Canada, North Saint Paul, White Bear Lake, New Brighton and the Lake Johanna Fire Department Inc. to provide and receive automatic mutual aid to dispatch the closest equipment and personnel to emergency events to provide assistance in the form of fire, rescue, and related services. The City of Falcon Heights currently participates in a mutual aid agreement with the surrounding fire department, but the City has to request mutual aid when needed. With the proposed system, the closest unit would be dispatched. An example would be if we had a fire at the University Grove, and the closest unit was St. Paul because they have a full time unit. They would automatically be dispatched to the fire along with the Falcon Heights Fire Department. Where is the past, the City would be dispatched first and then the City would determine mutual aid. The process only changes internally, while the residents would only know that someone responded to the request for service. Budget Impact Additional services will be provided to the surrounding communities. Attachment(s) • Closest Unit Dispatch Joint Powers Agreement Action(s) Requested Staff would recommend authorization for the Mayor Pro Tem and the City Administrator to execute all necessary documents and agreements. Meeting Date January 27, 2016 Agenda Item Policy G1 Attachment Joint Powers Agreement Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 1/22/2016 45 of 52 BLANK PAGE  1/22/2016 46 of 52 1 MUTUAL AID AGREEMENT TO PROVIDE FOR THE AUTOMATIC DISPATCH OF THE CLOSEST EMERGENCY RESPONSE UNIT REGARDLESS OF JURISDICTIONAL BOUNDARIES This Mutual Aid Agreement (“Agreement”) is made and entered into this ___ day of ___________________, 2016 by and among Cities of Saint Paul, Roseville, Little Canada, Maplewood, Falcon Heights, North Saint Paul, Lauderdale, White Bear Lake, New Brighton, and the Lake Johanna Fire Department Inc. (collectively the “Cities” or “Parties” and individually the “City” or the “Party”). RECITALS A. The Cities/Parties desire to enter into this Agreement to authorize their respective fire departments to provide, and for the participating Cities/Parties to receive, automatic mutual aid to dispatch the closest equipment and personnel to emergency events to provide assistance in the form of fire, rescue, and related services; B. The Cities/Parties are authorized under Minnesota Statutes, section 471.59 to cooperatively exercise their commonly held powers and mutual aid agreements are critical to providing and supporting emergency services; C. The Cities/Parties determine that providing for the automatic dispatch of the closest emergency unit as is authorized in this Agreement is in their best interests and they desire to create an opportunity for other cities and towns to participate in this Agreement. AGREEMENT In exchange for the mutual promises made herein, the Parties hereby agree as follows: I. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them below. 1. “Agency” means the fire department, fire station, or fire unit called upon to provide Assistance to an Emergency Event. 2. “Assistance” means the provision of fire personnel and equipment in response to an Emergency Event. 3. “Dispatcher” means the person at the applicable public safety access point that receives reports of Emergency Events and selects the appropriate Agency to respond to and provide Assistance for the Emergency. 4. “Emergency” any request for fire department assistance. 1/22/2016 47 of 52 2 5. “Emergency Events” means any Emergency incident in which an Agency may be called upon by a Dispatcher to provide Assistance within the scope of the Agency’s service capabilities as determined by the respective member Cities and communicated in writing to the Emergency Communications Center. 6. “President” means the president of the Ramsey County Fire Chiefs Association. 7. “Protection Area” means the area within the Cities of Saint Paul, Roseville, Little Canada, Maplewood, Falcon Heights, North Saint Paul, North Oaks, Shoreview, Arden Hills, Lauderdale, New Brighton, White Bear Lake, and any additional city or town that joins this Agreement as provided herein. 8. “Requesting Party” means a Party which requests assistance from another Party to this Agreement and each such responding Party is considered a Sending Party. 9. “Sending Party” means a Party called upon to provide Assistance to another Party and which actually provides Assistance to the Requesting Party. 10. “Specialized Activities” means the provision of non-emergency assistance including, but not limited to, training of personnel and associated equipment and facilities. II. AUTHORIZATION Each of the Cities participating in this Agreement hereby authorize their respective fire Agencies to respond to and receive automatic mutual aid services pursuant to the terms of this Agreement and to otherwise take such actions as are needed to provide and receive Assistance as provided herein. III. TERM AND TERMINATION This Agreement shall be effective as of the date first written above and shall be ongoing until terminated as provided herein. Each City shall act by resolution to adopt this Agreement and shall forward a fully executed copy of its resolution and a signed original of this Agreement to the President of the Ramsey County Fire Chiefs Association. Any Party may act by resolution to opt out of its participation in this Agreement. No such resolution shall be effective until the Party provides at least 60 days’ written notice of termination to the President, the applicable County Emergency Communications Center, and each of the other Parties. The resolution must indicate the date of withdrawal from this Agreement, which must be sufficiently in the future to allow for the 60 day notice. The notice shall include a fully executed copy of the termination resolution. IV. AUTOMATIC MUTUAL AID PROCEDURE 1. Whenever a Party to this Agreement receives a call for Assistance for an Emergency Event occurring within its jurisdictional boundaries, that call will automatically be 1/22/2016 48 of 52 3 dispatched to the Agency having primary jurisdiction, as well as to any Agency for which the Dispatcher or Computer Aided Dispatch System (CAD) determines may provide a more timely response. The Sending Party shall respond to the call and make necessary Assistance available without undue delay. The typical response from the Sending Party shall be one apparatus and crew. The extent of Assistance provided by the Sending Party shall be determined solely by the Sending Party based on its established response criteria and procedures. In the event a Sending Party determines it will not be able to provide Assistance, the fire official for the Agency making that determination shall immediately notify the Requesting Party. 2. The first arriving unit shall be in command of the emergency scene, until relieved by the Requesting Party. The Sending Party’s fire official shall retain direction and control of the Sending Party’s fire personnel and equipment on the scene. 3. Each Party, whether it be the Requesting Party or a Sending Party, shall be responsible for injuries or death of its own personnel. Each Party shall maintain workers’ compensation insurance or self-insurance coverage covering its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue the other Party for any workers compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its officers, employees. 4. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue the other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers. 5. Specialized Activities of non-emergency nature may be requested and/or provided by both parties to the Agreement. There is no obligation on the part of a Sending Party to provide Specialized Activities. 6. No charge shall be made to either party for Assistance rendered under this Agreement for incidents with duration under eight (8) hours. Provided, however, that in the event the Requesting Party is reimbursed for said personnel, equipment, or any other costs from a party or parties responsible for the Emergency, or is otherwise reimbursed by a third party source, then reimbursement, on a pro-rata basis, shall be made to the Sending Party for any equipment or personnel charges. V. COOPERATIVE IMPLEMENTATION The Parties agree to work in good faith through their respective Agencies to cooperatively establish any specific response criteria or procedures as they may determine are needed to implement this Agreement. Such criteria and procedures do not necessarily need to be the same for each Party, but they shall not be contrary to the 1/22/2016 49 of 52 4 primary purpose of this Agreement. Each Party shall be responsible for communicating in writing its response criteria and procedures to each of the other Cities, the President, and the applicable County Emergency Communications Center. VI. LIABILITY AND INDEMNIFICATION 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. For all other purposes, all personnel remain the employees of their respective Party during the performance of duties under this Agreement. 2. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against the Sending Party or any officers, employees, or volunteers of the Sending Party for injury to or death of any third person or persons, or damage to the property of any third person or persons, arising out of the provision of Assistance by the Sending Party under this Agreement. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes, chapter 466 applicable to any one Party. As provided in Minnesota Statutes, section 471.59, subdivision 1a, for the purposes of determining total liability the Parties shall be considered a single governmental unit and the total liability for the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, section 466.04, subdivision 1. Nothing in this Agreement shall be interpreted as any of the Parties waiving any exemptions or limitations on liability available to them under law. The intent of the indemnification requirement of this section is to impose on each Requesting Party a limited duty to defend and indemnify any Sending Party for claims arising within the Requesting Party’s jurisdiction subject to the liability limits under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to the defended by a single attorney. 3. No Party to this Agreement, nor any officer of any Party, shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to any other Party, or for recalling Assistance. VII. ADDING MEMBERS Any other city or town adjacent to the Protection Area may join this Agreement upon the written consent of all of the existing Parties to this Agreement that abut upon the boundaries of the joining city or town, the adoption by the joining city or town of a resolution authorizing execution of this Agreement, and the filing of a copy of the 1/22/2016 50 of 52 5 executed resolution and this Agreement with the President. The Ramsey County Fire Chiefs may impose reasonable conditions on the admission of additional cities and establish procedures for removal of a Party for cause. The addition of a city or town to this Agreement as provided herein does not require an amendment to this Agreement. The joining city or town shall become subject to the terms and conditions of this Agreement as of the effective date of its participation in the sharing of services under this Agreement as determined by the President. VIII. MISCELLANEOUS 1. This Agreement may be amended by written agreement of the all of the Parties. 2. The Parties will execute this Agreement in any number of duplicate originals, each of which constitutes an original, and all of which, collectively, constitute only one Agreement. Each Party will deliver enough executed counterpart signature pages so that all of the Parties will have a fully executed original of this Agreement. The President will coordinate the delivery of the signature pages and compiling and delivering originals of the Agreement to each of the Parties. 3. This Agreement is made under the law of the State of Minnesota. 4. This Agreement is entered into for the benefit of the Parties and is not intended to provide any rights to any third parties. 5. This Agreement is not exclusive and is not intended to replace any other mutual aid agreements any of the Parties may have in place. IX. EXECUTION Each Party has read, agreed to, and executed this Agreement on the date indicated below. [signature pages follow] 1/22/2016 51 of 52 10 CITY OF FALCON HEIGHTS Adopted on the 27th day of January, 2016. By:______________________ Joe Brown Thunder By:_________________________ Sack Thongvanh Its: Mayor Pro Tem Its: City Administrator 1/22/2016 52 of 52