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Home My WebLink About12-08-14 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, December 8, 2014 City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser & Stoesz City Administrator: Jeff Karlson SPECIAL COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Anoka County Fire Protection Council Joint Powers Agreement CITY COUNCIL MEETING, 6:30 P.M. ➢ Roll Call - Council Members Stoesz (arr. @ 7:15 pm), Roeser, Rafferty, Kusterman, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment - none ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Items 4A and 4B, to be considered at December 15 council meeting 1. CONSENT AGENDA A) Consideration of Expenditures: i) December 8, 2014 (Check No. 99314 through 99388) in the amount of $703,609.57; B) Consider approval of November 24, 2014 Work Session Minutes C) Consider approval of November 24, 2014 Council Meeting Minutes D) Consider Resolution No. 14-144 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund E) Consider Resolution No. 14-145 Authorizing an Interfund Loan from the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service Fund F) Consider Resolution No. 14-146 Approving Transfers for Partial Installment Payment on Interfund Loan for Recreation Complex Land Action Taken: Motion by Roeser, seconded by Kusterman, to approve the Consent Agenda, Items 1A thru 1F, as presented, was adopted Council Agenda -2- December 8, 2014 2. FINANCE DEPARTMENT A) Public Hearing — 2014/15 Property Tax Levy and 2015 Budget i) Consider Resolution No. 14-147, Adopting the Final 2014 Tax Levy Collectible in 2015 Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-147, as presented, was adopted ii) Consider Resolution No. 14-148, Adopting the Final 2015 General Operating Budget Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-148, as presented, was adopted iii) Consider Resolution No. 14-149, Adopting the 2015 Water and Sewer Operating Budget Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-149, as presented, was adopted iv) Consider Resolution No. 14-150, Adopting 2015 Recreation Fund Budget Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-150, as presented, was adopted B) Consider Resolution No. 14-151 Amending the 2014 General Operating Budget Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 14-151, as presented, was adopted C) Consider Resolution No. 14-152 Committing Specific Revenue Sources in Special Revenue Funds Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 14-152, as presented, was adopted 3. ADMINISTRATION DEPARTMENT A) Consider Six -Month Employment Extension for Recycling Program Intern, Jeff Karlson Action Taken: Motion by Kusterman seconded by Roeser, to approve the employment extension as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT A) Consider Resolution No. 14 155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement, John Swenson B) Consider Resolution No. 14 154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement, John Swenson C) Public Safety Department Update 5. PUBLIC SERVICES DEPARTMENT No report EXPANDED AGENDA CITY COUNCIL AGENDA Monday, December 8, 2014 City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser & Stoesz City Administrator: Jeff Karlson SPECIAL COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Anoka County Fire Protection Council Joint Powers Agreement CITY COUNCIL MEETING, 6:30 P.M. ➢ Roll Call - Council Members Stoesz (arr. @ 7:15 pm), Roeser, Rafferty, Kusterman, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment - none ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Items 4A and 4B, to be considered at December 15 council meeting 1. CONSENT AGENDA A) Consideration of Expenditures: i) December 8, 2014 (Check No. 99314 through 99388) in the amount of $703,609.57; B) Consider approval of November 24, 2014 Work Session Minutes C) Consider approval of November 24, 2014 Council Meeting Minutes D) Consider Resolution No. 14-144 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund E) Consider Resolution No. 14-145 Authorizing an Interfund Loan from the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service Fund F) Consider Resolution No. 14-146 Approving Transfers for Partial Installment Payment on Interfund Loan for Recreation Complex Land Action Taken: Motion by Roeser, seconded by Kusterman, to approve the Consent Agenda, Items 1A thru 1F, as presented, was adopted Council Agenda -2- December 8, 2014 2. FINANCE DEPARTMENT A) Public Hearing — 2014/15 Property Tax Levy and 2015 Budget i) Consider Resolution No. 14-147, Adopting the Final 2014 Tax Levy Collectible in 2015 Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-147, as presented, was adopted ii) Consider Resolution No. 14-148, Adopting the Final 2015 General Operating Budget Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-148, as presented, was adopted iii) Consider Resolution No. 14-149, Adopting the 2015 Water and Sewer Operating Budget Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-149, as presented, was adopted iv) Consider Resolution No. 14-150, Adopting 2015 Recreation Fund Budget Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-150, as presented, was adopted B) Consider Resolution No. 14-151 Amending the 2014 General Operating Budget Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 14-151, as presented, was adopted C) Consider Resolution No. 14-152 Committing Specific Revenue Sources in Special Revenue Funds Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 14-152, as presented, was adopted 3. ADMINISTRATION DEPARTMENT A) Consider Six -Month Employment Extension for Recycling Program Intern, Jeff Karlson Action Taken: Motion by Kusterman seconded by Roeser, to approve the employment extension as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT A) Consider Resolution No. 14 155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement, John Swenson B) Consider Resolution No. 14 154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement, John Swenson C) Public Safety Department Update 5. PUBLIC SERVICES DEPARTMENT No report Council Agenda -3- December 8, 2014 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider approval of Resolution No. 14-153, Authorizing execution of Memorandum of Understanding allowing participation in the well -sealing program within the Anoka County Well Head Protection, Marty Asleson Action Taken: Motion by Stoesz seconded by Rafferty, to approve Resolution No. 14-153, as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Action Taken: Motion by Rafferty, seconded by Stoesz, to adjourn at 8:10 p.m. was adopted Following adjournment of the regular meeting, the council will reconvene to a closed session for the purpose of discussing labor negotiations with Local 260 and Local 49 Community Calendar — A Look Ahead December 8, 2014 through December 22, 2014 Wednesday, December 10 6:30 pm, Council Chambers Planning & Zoning Wednesday, December 17 6:30 pm, Council Chambers Environmental Board 4- Monday, December 15 6:00 pm, Community Room Council Work Session 4- Monday, December 15 6:30 pm, Council Chambers City Council Meeting Expenditures December 8, 2014 Check #99314 to #99388 S703,609.57 Date: 11/26/2014 Time: 13:02:59 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice 9: (A) Entry Journal #: (R) 12247 - 12251 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: TJT Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000200 AFLAC 1 520.78 520.78 .00 .00 000318 AMERIPRIDE SERVICES, INC. 1 95.36 95.36 .00 .00 000421 ANOKA COUNTY TREASURY DEPARTMENT 1 150.00 150.00 .00 .00 008524 LILA ARNOLD 1 67.00 67.00 .00 .00 000541 ASPEN MILLS, INC. 6 486.61 486.61 .00 .00 000875 AVENET, LLC 1 75.00 75.00 .00 .00 002743 BCA ATTN: MNJIS-CHA UNIT/CJ APPLICANTS 1 21.50 21.50 .00 .00 008952 VALERIE BENEDIX 1 210.00 210.00 .00 .00 008293 BIFF'S INC. 9 446.45 446.45 .00 .00 000724 BLUE TOW SERVICE, INC. 1 190.00 190.00 .00 .00 009150 BRAUN INTERTEC 1 9,400.00 9,400.00 .00 .00 000537 CENTRAL PENSION FUND 1 2,150.40 2,150.40 .00 .00 007776 CENTURYLINK 1 51.79 51.79 .00 .00 001100 CIRCLE PINES POST OFFICE 1 648.14 648.14 .00 .00 900491 CITY OF ROSEVILLE 1 373.98 373.98 .00 .00 009148 COMPASS MINERALS AMERICA 2 9,495.55 9,495.55 .00 .00 009151 CREW2, INC. 1 25.00 25.00 .00 .00 008760 DAKOTA COUNTY FINANCIAL SERVICES 1 29.00 29.00 .00 .00 001270 DALCO, INC. 2 893.95 893.95 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,729.40 4,729.40 .00 .00 007698 FRATTALLONE'S/CIRCLE PINES ACE 4 179.96 179.96 .00 .00 008503 STEVEN P. GILBERTSON (SPORTS) 1 810.75 810.75 .00 .00 Date: 11/26/2014 Time: 13:03:00 City of Lino Lakes Operator: TJT Page: 2 FM Entry - Invoice Journal Discount Vendor # Name # of items Net Gross Discount Lost 001768 H&L MESABI, INC. 3 3,853.26 3,853.26 .00 .00 000142 MELISSA HAGERT 1 25.47 25.47 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 1 67.40 67.40 .00 .00 008740 HYDRAULICS PLUS & CONSULTING, LLC 4 983.31 983.31 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 161.50 161.50 .00 .00 003013 INVENTORY TRADING COMPANY, INC. 1 623.00 623.00 .00 .00 008731 MARIE JOHNSON 1 67.00 67.00 .00 .00 009152 MARY JUHL 1 67.00 67.00 .00 .00 001940 KEEPRS 1 239.46 239.46 .00 .00 000673 LANDFORM 1 1,971.73 1,971.73 .00 .00 007701 LINCOLN NATIONAL LIFE INS CO 1 1,068.30 1,068.30 .00 .00 000073 KELLY ANN MCCARTHY 1 548.18 548.18 .00 .00 008224 MEDICA 1 40,050.79 40,050.79 .00 .00 002550 MENARDS 1 39.48 39.48 .00 .00 002584 METRO SALES INCORPORATED 2 1,455.29 1,455.29 .00 .00 002580 METROPOLITAN AREA MGMT ASSOCIATION 1 20.00 20.00 .00 .00 008750 MINNESOTA COACHES, INC. 2 1,280.95 1,280.95 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 4 1,245.88 1,245.88 .00 .00 002750 MN DEPARTMENT OF AGRICULTURE 1 25.00 25.00 .00 .00 008021 MN METRO NORTH TOURISM 1 5,054.00 5,054.00 .00 .00 008812 MOMENTUM ENTERPRISES, INC. 1 1,005.00 1,005.00 .00 .00 003091 NCPERS MINNESOTA 1 288.00 288.00 .00 .00 900494 NORTHERN ESCROW, INC. 1 431,005.52 431,005.52 .00 .00 003370 NYSTROM PUBLISHING COMPANY, INC. 1 4,977.42 4,977.42. .00 .00 008526 LYNN PATZOLDT 1 67.00 67.00 .00 .00 008242 ICAY PETERSON 1 67.00 67.00 .00 .00 009149 PETTY CASH - TANYA MOZINGO 1 300.00 300.00 .00 .00 Date: 11/26/2014 Time: 13:03:01 City of Lino Lakes FM Entry - Invoice Journal Operator: TJT Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 003490 PETTY CASH - TRACY THOMA 1 35.98 35.98 .00 .00 000888 RICK JOHNSON DEER & BEAVER INC. 1 90.00 90.00 .00 .00 008390 CONNIE SCHMIDT 1 67.00 67.00 .00 .00 003880 SEH TECHNOLOGY SOLUTIONS INC 1 2,331.94 2,331.94 .00 .00 004100 SPRINGSTED, INC. 1 17,645.10 17,645.10 .00 .00 008556 STANTEC CONSULTING SERVICES INC. 3 7,867.03 7,867.03 .00 .00 004240 STREICHER'S, INC. 3 615.85 615.85 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 345.00 345.00 .00 .00 000539 TARGET BANK 1 144.42 144.42 .00 .00 004427 TIMESAVER OFF-SITE SECRETARIAL, INC 1 131.00 131.00 .00 .00 008520 SALLY & BUCK TIMMERS 1 134.00 134.00 .00 .00 007758 TOWMASTER 2 100,397.89 100,397.89 .00 .00 008640 U.S. BANK 1 29,55 .56 29,551.56 .00 .00 004575 UPS/UNITED PARCEL SERVICE 1 21.97 21.97 .00 .00 000240 VALLEY -RICH CO., INC. 1 5,492.55 5,492.55 .00 .00 009153 SANDRA WAITE 1 67.00 67.00 .00 .00 008385 JUDY WARREN 1 67.00 67.00 .00 .00 007421 WRIGHT-HENNEPIN CO-OP ELECTRIC ASSOC 1 990.00 990.00 .00 .00 003250 XCEL ENERGY 2 10,006.72 10,006.72 .00 .00 Grand Totals: 102 703,609.57 703,609.57 .00 .00* Date: 11/26/2014 Time: 130441 Operator: TJT Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 12249 - 12255 Bank #: (A) Options: Print Ranges/Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount AFLAC NOVEMBER INSURANCE PREMI 520.78 CENTRAL PENSION FUND NOVEMBER CENTRAL PENSION 2,150.40 DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 1,932.20 MN CHILD SUPPORT PAY CHILD SUPPORT 1,245.88 NCPERS MINNESOTA DECEMBER LIFE INS PREMIU 288.00 MEDICA DEC HEALTH INS PREMIUMS 5,155.70 U.S. BANK APPLE/EMPLOYEE PURCHASE 949.00 CREW2, INC. REFUND OVERPAYMENT 2014- 25.00 Total for Department 12,266.96* MAYOR/COUNCIL TARGET BANK HALLOWEEN TREATS FOR COU 15.13 MAYOR/COUNCIL NYSTROM PUBLISHING C LINO LAKES NEWSLETTER 2,310.88 Total for Department 401 2,326.01* ADMINISTRATION AVENET, LLC SITE REBUILD - 1 MONTH 75.00 ADMINISTRATION DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 127.20 ADMINISTRATION METROPOLITAN AREA MG MAMA MEETING 11/13/14 20.00 ADMINISTRATION LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 59.08 ADMINISTRATION MEDICA DEC HEALTH INS PREMIUMS 966.13 Total for Department 402 1,247.41* ELECTIONS CHARTER TARGET BANK ELECTION SUPPLIES 129.29 Total for Department 403 129.29* TIMESAVER OFF-SITE 5 CHARTER COMMISSION MEETI 131.00 Total for Department 405 131.00* FINANCE DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 127.20 FINANCE LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 60.06 FINANCE MEDICA DEC HEALTH INS PREMIUMS 1,069.31 FINANCE U.S. BANK MnGFOA/OCTOBER TRAINING& 15.00 FINANCE U.S. BANK sPRINGSTED/11/20/14 SEMI 150.00 Total for Department 407 1,421.57* ECONOMIC DEVELOPMENT MN METRO NORTH TOURI OCT MN METRO NORTH TOURI Total for Department 415 5,054.00 5,054.00* PLANNING & ZONING LANDFORM ORDINANCE UPDATE SERVICE 1,971.73 PLANNING & ZONING DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 42.40 PLANNING & ZONING SEH TECHNOLOGY SOLUT GIS SERVICES 1,563.70 Date: 11/26/2014 Time: 13:04:41 Operator: TJT Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PLANNING & ZONING LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 17.84 PLANNING & ZONING MEDICA DEC HEALTH INS PREMIUMS 412.71 Total for Department 416 4,008.38* COMM DEV SEH TECHNOLOGY SOLUT GIS SERVICES 768.24 COMM DEV LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 11.22 Total for Department 41B 779.46* POLICE HAGERT, MELISSA PD EVIDENCE SUPPLIES 25.47 POLICE ASPEN MILLS, INC. UNIFORM ALLOWANCE C.SCHI 303.66 POLICE ASPEN MILLS, INC. UNIFORM ALLOWANCE J.SWEN 80.00 POLICE ASPEN MILLS, INC. UNIFORM ALLOWANCE P.NOLL 12.00 POLICE ASPEN MILLS, INC. UNIFORM ALLOWANCE V.KLOS 90.95 POLICE DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 1,171.00 POLICE ICEEPRS UNIFORM ALLOWANCE W.WEGE 239.46 POLICE BCA ATTN: MNJIS-CHA FINGERPRINTS BUSINESS DA 21.50 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE J.McIN 60.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE IC.LEIB 95.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE IC.McCA 115.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE M.DEMA 40.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE M.HAGE 70.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE M.PAUL 60.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE T.VANG 138.00 POLICE INVENTORY TRADING CO UNIFORM ALLOWANCE V.KLOS 45.00 POLICE XCEL ENERGY ELECTRIC 3.72 POLICE STREICHER'S, INC. UNIFORM CREDIT NEW HIRE -79.98 POLICE STREICHER'S, INC. UNIFORM NEW HIRE T.DONGA 695.83 POLICE LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 510.21 POLICE MEDICA DEC HEALTH INS PREMIUMS 19,978.21 POLICE U.S. BANK ADVANCED GRAPHIX/SQUAD G 1,090.00 POLICE U.S. BANK AMAZON/SD CARDS FOR SQUA 47.18 POLICE U.S. BANK IMAGE PRINT/LETTERHEAD,E 544.83 POLICE U.S. BANK OFFICE MAX/BINDER 18.73 POLICE U.S. BANK OTTER LAKE ANIMAL CARE/I 366.00 POLICE U.S. BANK PRIMARY PRODUCTS/EXAM GL 291.63 POLICE U.S. BANK STREICHER'S/BALL. VEST 1,055.00 POLICE U.S. BANK TARGET/DRIVE,SD CARD #14 28.92 POLICE U.S. BANK TARGET/SD CARDS FOR SQUA 80.00 POLICE U.S. BANK TARGET/SWEARING IN T.NEL 54.27 POLICE U.S. BANK VERIZON WIRELESS 683.02 POLICE U.S. BANK WALMART/BATTERIES 14.97 POLICE DAKOTA COUNTY FINANC E -BRIEFING 29.00 Total for Department 420 27,978.58* FIRE DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 169.60 FIRE UPS/UNITED PARCEL SE UPS INTERNET SHIPPING 21.97 FIRE LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 48.38 FIRE MEDICA DEC HEALTH INS PREMIUMS 1,791.55 FIRE U.S. BANK 911 SAFETY EQUIP/TURN OU 6,336.00 FIRE U.S. BANK CENTER PUB SAFETY/STATIO 360.00 Date: 11/26/2014 Time: 13:04:41 Operator: TJT Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FIRE BUILDING BUILDING BUILDING BUILDING BUILDING STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET INSPECTIONS INSPECTIONS INSPECTIONS INSPECTIONS INSPECTIONS U.S. BANK Total for D DELTA DENTAL PLAN OF LINCOLN NATIONAL LIF MEDICA U.S. BANK U.S. BANK PERFORMANCE +/FIRE MED S epartment 421 DEC INSURANCE PREMIUMS DEC INSURANCE PREMIUMS DEC HEALTH INS PREMIUMS MN DEPT OF LABOR/CONTINU VERIZON WIRELESS Total for Department 422 RICK JOHNSON DEER & DELTA DENTAL PLAN OF XCEL ENERGY T.A. SCHIFSICY AND SO WRIGHT-HENNEPIN CO -0 FRATTALLONE'S/CIRCLE LINCOLN NATIONAL LIF CENTURYLINK MEDICA U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK COMPASS MINERALS AME SEPTEMBER REMOVAL DEC INSURANCE PREMIUMS ELECTRIC AC FINE ASPHALT NOVEMBER ELECTRIC SNOW PUSHERS DEC INSURANCE PREMIUMS SIGNAL PHONE DEC HEALTH INS PREMIUMS CONNEXUS ENERGY PARKING/WATER RESOURCES U OF M/PUBLIC WORKS FALL U OF M/REGISTRATION PROF VERIZON WIRELESS BULK COARSE LA-HWY Total for Department 430 DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS H&L MESABI, INC. SNOW PLOW CUTTING EDGES H&L MESABI, INC. SNOW PLOW PARTS FRATTALLONE'S/CIRCLE BATTERIES FRATTALLONE'S/CIRCLE MECHANIC PARTS LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS TOWMASTER MEDICA U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK HYDRAULICS PLUS HYDRAULICS PLUS HYDRAULICS PLUS HYDRAULICS PLUS Total #246 WING HEEL CYL. DEC HEALTH INS PREMIUMS AMAZON/BATTERY PACKS FOR HOME DEPOT/RUST PENETRAT HOME DEPOT/WORK LIGHTS,L M&M/IMPACT ADAPTOR NORTHERN TOOL/CUTTER,WIR TOOLBARN/CORDLESS IMPACT & CO #215 PARTS & CO #228 HOSES & CO PLOW TRUCK PARTS & CO STOCK HOSES for Department 431 GOVERNMENT BUILDINGS AMERIPRIDE SERVICES, MATS GOVERNMENT BUILDINGS ANOKA COUNTY TREASUR DECEMBER BROADBAND GOVERNMENT BUILDINGS DALCO, INC. MULTI -FOLD TOWELS,TISSUE 2,512.00 11,239.50* 84.80 33.59 966.13 85.00 19.72 1,189.24* 90.00 254.40 4,803.70 345.00 990.00 89.98 101.73 51.79 2,063.55 76.50 20.00 285.00 45.00 19.74 9,495.55 18,731.94* 42.40 3,537.00 316.26 11.99 50.00 14.76 535.45 412.71 257.89 25.62 131.94 30.70 35.98 268.00 428.47 68.04 217.93 268.87 6,654.01* 95.36 150.00 893.95 Date: 11/26/2014 Time: 13:04:41 Operator: TJT Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount GOVERNMENT BUILDINGS METRO SALES INCORPOR COPIER MAINTENANCE CONTR 1,455.29 GOVERNMENT BUILDINGS U.S. BANK BATTERIES +/BATTERIES 52.20 GOVERNMENT BUILDINGS U.S. BANK DAKTRONICS/PARTS FOR SER 1,180.00 GOVERNMENT BUILDINGS U.S. BANK DAICTRONICS/READER BOARD 1,225.00 GOVERNMENT BUILDINGS U.S. BANK HOME DEPOT/OFFICE SUPPLI 21.40 GOVERNMENT BUILDINGS U.S. BANK HOME DEPOT/SHELF SUPPORT 11.72 GOVERNMENT BUILDINGS U.S. BANK ULINE/SANITAIRE VACUUM X 668.64 GOVERNMENT BUILDINGS CITY OF ROSEVILLE WIRELESS ACCESS POINT PW 373.96 Total for Department 432 6,127.54* PARKS DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 405.08 PARKS XCEL ENERGY ELECTRIC 86.24 PARKS FRATTALLONE'S/CIRCLE PROGRAM THERMOSTAT 27.99 PARKS LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 68.08 PARKS MEDICA DEC HEALTH INS PREMIUMS 2,569.26 PARKS BIFF'S INC. BIFF RENTAL -BIRCH PARK 42.50 PARKS BIFF'S INC. BIFF RENTAL -CENTENNIAL M 38.84 PARKS BIFF'S INC. BIFF RENTAL-CLEARWATER C 33.66 PARKS BIFF'S INC. BIFF RENTAL -EVENT 11/15& 72.50 PARKS BIFF'S INC. RIFF RENTAL -LINO PARK 51.79 PARKS BIFF'S INC. RIFF RENTAL-MARSHAN PARK 51.79 PARKS BIFF'S INC. RIFF RENTAL -RICE LAKE EL 51.79 PARKS BIFF'S INC. RIFF RENTAL -RICE LAKE EL 51.79 PARKS BIFF'S INC. RIFF RENTAL -RICE LAKE EL 51.79 PARKS U.S. BANK FORESTRY SUPPLIERS/PRUNI 349.03 PARKS U.S. BANK HOME DEPOT/HOCKEY RINK R 248.89 PARKS U.S. BANK HOME DEPOT/MULCH 27.50 PARKS U.S. BANK TESSMAN/FERTILIZER 1,350.00 PARKS U.S. BANK U OF M/REGISTRATION PROF 135.00 PARKS U.S. BANK VERIZON WIRELESS 218.18 Total for Department 450 5,931.70* RECREATION DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 135.68 RECREATION NYSTROM PUBLISHING C LINO LAKES NEWSLETTER 2,666.54 RECREATION LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 50.33 RECREATION MEDICA DEC HEALTH INS PREMIUMS 1,572.07 RECREATION U.S. BANK IMAGE PRINTING/FLYERS GO 289.41 RECREATION U.S. BANK VERIZON WIRELESS 28.30 Total for Department 451 4,742.33* ENVIRONMENTAL DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 14.84 ENVIRONMENTAL LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS 7.14 ENVIRONMENTAL MEDICA DEC HEALTH INS PREMIUMS 144.45 ENVIRONMENTAL U.S. BANK U OF M/REGISTRATION PROF 45.00 ENVIRONMENTAL U.S. BANK VERIZON WIRELESS 19.73 Total for Department 461 231.16* SOLID WASTE DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS 12.72 SOLID WASTE PETTY CASH - TRACY T RECYCLING SATURDAY FASTE 13.70 SOLID WASTE PETTY CASH - TRACY T RECYCLING SATURDAY GIVEA 22.28 Date: 11/26/2014 Time: 13:04:41 Operator: TJT Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS YOUTH SPORTS POLICE POLICE POLICE LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS MEDICA DEC HEALTH INS PREMIUMS U.S. BANK EARTH DAY SHIRTS/"GREEN" U.S. BANK TARGET/COMPOSTABLE BAGS MOMENTUM ENTERPRISES MATTRESS RECYCLING Total for Department 462 DELTA DENTAL PLAN OF DEC INSURANCE PREMIUMS MN DEPARTMENT OF AGR 2015 TREE CARE REGISTRY LINCOLN NATIONAL LIF DEC INSURANCE PREMIUMS MEDICA DEC HEALTH INS PREMIUMS Total for Department 463 Total for Fund 101 PETERSON, KAY WARREN, JUDY SCHMIDT, CONNIE TIMMERS, SALLY ARNOLD, LILA PATZOLDT, LYNN JOHNSON, MARIE JUHL, MARY WAITE, SANDRA Total PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND for Department U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK MINNESOTA COACHES, JAIL BAIL JAIL BAIL JAIL BAIL JAIL BAIL JAIL BAIL JAIL BAIL JAIL BAIL JAIL BAIL JAIL BAIL BARNES&NOBLE/SENIOR BOOK CHANHASSEN THEATRE/SENIO FLEET FARM/LITTLE GOBLIN MICHAELS/LITTLE GOBLINS ORIENTAL TRADING/LITTLE PARTY CITY/LITTLE GOBLIN TARGET/GOBBLER GAMES SUP TARGET/LITTLE GOBLINS SU VISTA PRINT/LETTERS FROM I SENIOR TRIP TRANSPORTATI BENEDIX, VALERIE PROGRAM REFUND HELLO DOL PETTY CASH - TANYA M PETTY CASH SECRET HOLIDA Total for Department 205 GILBERTSON, STEVEN P CONTRACT SPORTS OFFICIAL Total for Department 208 Total for Fund 201 MCCARTHY, KELLY ANN IACP LODGING,MEALS U.S. BANK DOUBLETREE/IACP CONFEREN U.S. BANK IACP/REGISTRATION K.McCA Total for Department 420 6.13 123.81 150.40 33.69 1,005.00 1,367.73* 14.84 25.00 7.14 144.45 191.43* 111,749.24* 67.00 67.00 67.00 134.00 67.00 67.00 67.00 67.00 67.00 670.00* 104.02 2,209.98 8.45 23.74 58.95 25.50 232.07 67.15 22.49 1,280.95 210.00 300.00 4,543.30* 810.75 810.75* 6,024.05* 548.18 735.78 1,100.00 2,383.96* Date: 11/26/2014 Time: 130442 Operator: TJT Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE FLEET OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER WATER WATER WATER WATER WATER Total for Fund 206 BLUE TOW SERVICE, IN ICR #14-244318 DODGE DUR Total for Department 420 Total for Fund 207 2,383.96* 190.00 190.00* 190.00* TOWMASTER #210 2015 MACK TRUCK SET 99,862.44 Total for Department 431 99,862.44* Total for Fund 402 99,862.44* NORTHERN ESCROW, INC 2014 MILL & OVERLAY PROJ 431,005.52 Total for Department 499 431,005.52* Total for Fund 421 U.S. BANK PARKING/35E TRIAL PROCEE Total for Department 499 Total for Fund 474 SPRINGSTED, INC. PRELIM SERVICES GO BONDS Total for Department 499 Total for Fund 477 BRAUN INTERTEC GEOTECHNICAL EVAL FIRE H Total for Department 499 Total for Fund 478 SPRINGSTED, INC. PRELIM SERVICES GO BONDS STANTEC CONSULTING S OCT GENERAL ENGINEERING STANTEC CONSULTING S OCT PUMP HOUSE #6 STANTEC CONSULTING S OCT WELL #6 Total for Department 499 Total for Fund 479 SPRINGSTED, INC. PRELIM SERVICES GO BONDS Total for Department 499 Total for Fund 480 VALLEY -RICH CO., INC INSTRUMENTAL RESEARC INSTRUMENTAL RESEARC INSTRUMENTAL RESEARC CIRCLE PINES POST OF LONESOME & HAWTHORN OCT TOTAL COLIFORM BACTE RPT #1038-14 989 LOIS LA RPT #1103-14 WATER TOWER UTILITY BILLING POSTAGE 431,005.52* 44.00 44.00* 44.00* 2,269.16 2,269.16* 2,269.16* 9,400.00 9,400.00* 9,400.00* 7,571.51 228.00 4,282.56 3,356.47 15,438.54* 15,438.54* 7,804.43 7,804.43* 7,804.43* 5,492.55 142.50 9.50 9.50 324.07 Date: 11/26/2014 Time: 13:04:42 Operator: TJT Department Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER DELTA DENTAL PLAN OF MENARDS XCEL ENERGY LINCOLN NATIONAL LIF MEDICA U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK U.S. BANK DEC INSURANCE PREMIUMS UTILITY HEATERS ELECTRIC DEC INSURANCE PREMIUMS DEC HEALTH INS PREMIUMS APPLE/3 iPAD AIR 16GB W/ FLEET FARM/HEATERS HOME DEPOT/DROP OUTLET,E HOME DEPOT/PASTE FLUX,EL HOME DEPOT/POLY INSERT VERIZON WIRELESS Total for Department 494 Total for Fund 601 CIRCLE PINES POST OF DELTA DENTAL PLAN OF XCEL ENERGY HD SUPPLY WATERWORKS LINCOLN NATIONAL LIF MEDICA U.S. BANK U.S. BANK U.S. BANK U.S. BANK Total for UTILITY BILLING POSTAGE DEC INSURANCE PREMIUMS ELECTRIC SEWER LIDS W/PLUGS DEC INSURANCE PREMIUMS DEC HEALTH INS PREMIUMS APPLE/3 iPAD AIR 16GB W/ BATTERIES +/BATTERIES HOME DEPOT/SHEATHING,STU VERIZON WIRELESS Department 495 Total for Fund 602 Grand Total 97.52 39.46 3,497.03 36.30 1,340.40 1,106.92 50.85 22.36 21.08 2.34 159.00 12,351.40* 12,351.40* 324.07 97.52 1,616.03 67.40 36.31 1,340.35 1,106.93 159.60 299.16 39.46 5,086.83* 5,086.83* 703,609.57* CITY COUNCIL WORK SESSION November 24, 2014 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : November 24, 2014 . 5:30 p.m. . 6:30 p.m. : Council Member Stoesz, Kusterman, Rafferty, Roeser and Mayor Reinert : None Staff members present: City Administrator Jeff Karlson; Public Safety Director John Swenson; Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Economic Development Intern Celeste McDermott; City Clerk Julie Bartell 1. Review Regular Council Agenda of November 24, 2014 — 3A) Hiring of Public Services — Park Maintenance Position- City Administrator Karlson explained the staff recommendation to hire Mr. Donald Jensen based on his experience and ranking. 3B 2015 Fee Schedule — After a brief explanation of the schedule, the council discussed the possibility of publishing the entire fee schedule for public visibility. Based on the availability of the fees on the city Web site and larger cost of newspaper publishing, the council elected to publish the summary. 6A) Lino Lakes Development aka White Pine Senior Living — City Planner Larsen reviewed the proposed development. Staff is requesting approval of a development contract and final plat. The council reviewed the development at their last meeting. Mayor Reinert expressed some concern about the density in the development. Staff offered information on how the site is guided under the city's comp plan. 6C) Professional Services Contract with WSB for Birch/Centerville Road Street and Utility Improvements- Community Development Director Grochala explained that this is part of the development of the area. With sewer and street improvements in the area, engineering design services are needed and this contract would engage WSB for the work. 6D) Special Assessment for Individual Utility Connection- City Engineer Hankee noted that the city received a utility connection request from an individual property owner at 6498 12th Av S. This action provides for assessment of the cost of that improvement. 1 CITY COUNCIL WORK SESSION November 24, 2014 DRAFT 46 Follow Up on Items not on the agenda: 47 48 Twin Cities Gateway - Council Member Roeser noted that a Gateway 49 representative will be at the council's next work session to talk about the tourism 50 group's work. He suggests that the council include discussion about funding for 51 Blue Heron Days and in particular about the addition of a boat race event; staff 52 could have information for that discussion ready. 53 Recreation Land- Council Member Roeser noted that the council has discussed 54 the possibility of getting something going on the recreation land, such as a parking 55 lot and sign. He'd like to see some momentum back in getting those things done. 56 Mayor Reinert added that the purpose of those plans was to let people know that 57 they could have access to the area (parking) and begin using it. With the addition 58 of the new fire station in that vicinity, there should be coordination between the 59 two. Community Development Director Grochala said staff is looking at the 60 whole site and will continue to do so. 61 West Oaks- Council Member Roeser attended a citizen meeting and heard 62 concerns about speeding in the area. Can there be a speed indicator installed? 63 Community Development Director Grochala said he is aware of the complaints 64 and is monitoring the situation to determine the best response. 65 Update on Watermark Development- Regarding water issues in the 66 development area, shouldn't the project be a part of the drainage ditch study that 67 is going on in the area? Community Development Director Grochala will keep 68 Mattamy up to date as that study develops. 69 70 The meeting was adjourned at 6:25 p.m. 71 72 These minutes were considered, corrected and approved at the regular Council meeting held on 73 December 8, 2014. 74 75 76 77 78 Julianne Bartell, City Clerk Jeff Reinert, Mayor 79 2 COUNCIL MINUTES November 24, 2014 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : November 24, 2014 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:15 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Kusterman, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Economic Development Intern 13 Celeste McDermott; Chief of Police John Swenson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 SPECIAL CEREMONY 24 25 The Oath of Police Service was administered by Mayor Reinert to new Police Officer Tenzin Dongag. 26 27 The Oath of Fire Service was administered by Mayor Reinert to new Deputy Director of Public 28 Safety, Fire Services Dan L'Allier. 29 30 The following promotions within the Public Safety Department were recognized: 31 - Deputy Director of Public Safety, Police Services — Kelly McCarthy; 32 - Police Captain — Wayne Wegener; 33 - Police Sergeant — Mitch DeMars 34 35 CONSENT AGENDA 36 37 Council Member Rafferty moved to approve the Consent Agenda, as presented. Council Member 38 Roeser seconded the motion. Motion carried on a voice vote; Council Member Kusterman abstained 39 from voting on Item 1B. 40 41 ITEM ACTION 42 Consideration of Expenditures: 43 44 November 24, 2014 (Check No. 99201- 45 99313, $420,041.76) Approved 1 COUNCIL MINUTES November 24, 2014 DRAFT 46 47 Centennial Fire District (Check No. 6635- 48 6655, $1m672.64) Approved 49 50 November 3, 2014 Council Work Session 51 Minutes Approved 52 53 November 10, 2014 City Council Meeting 54 Minutes Approved 55 56 Resolution No. 14-136, Peddler License for Edward 57 Jones Financial Approved 58 59 November 10, 2014 Canvassing Bd Minutes Approved 60 61 FINANCE DEPARTMENT REPORT 62 63 There was no report from the Finance Department. 64 65 ADMINISTRATION DEPARTMENT REPORT 66 67 3A) Appointment of Donald Jensen to Public Services — Park Maintenance Position - 68 Administrator Karlson reviewed Mr. Jensen's qualifications and level of experience. Staff is 69 recommending that he be appointed to the position. Mayor Reinert noted that it's good to see people 70 moving up through the organization. 71 72 Council Member Kusterman moved to approve the appointment of Mr. Jensen as recommended. 73 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 74 75 3B) 2015 City Fee Schedule 76 i. Second Reading of Ordinance No. 12-14, establishing the 2015 City Fee Schedule 77 ii. Resolution No. 14-137, Approving summary publication of Ordinance No. 12-14 78 79 City Clerk Bartell reported that city fees are consolidated into one schedule that is adopted annually. 80 The 2015 proposed fee schedule is before the council and it includes several staff recommended 81 changes that are noted in red in the ordinance. The first reading of the ordinance was approved by the 82 council on Nov. 10. Staff recommends that the council consider passage of the 2nd reading of 83 Ordinance No. 12-14 and a resolution approving summary publication. 84 85 Council Member Kusterman moved to waive the full reading of Ordinance No. 12-14. Council 86 Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 87 88 Council Member Kusterman moved to approve the second reading and adoption of Ordinance No. 12- 89 14 as presented. Council Member Rafferty seconded the motion. Motion carried: Yeas; 5; Nays 90 none. 2 COUNCIL MINUTES November 24, 2014 DRAFT 91 92 Council Member Rafferty moved to approve Resolution No. 14-137 as presented. Council Member 93 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 94 95 PUBLIC SAFETY DEPARTMENT REPORT 96 97 4A) Public Safety Department Update- Chief Swenson updated the council. He noted that they 98 just witnessed (at the beginning of this meeting) changes within the department; it is positive to have 99 the restructuring work done and to move ahead. Regarding the new fire station project, bids will be 100 received in January so development of the station is moving along ahead of schedule. On 101 recruitment of fire personnel, he noted that a number of staff recruits are five weeks into training and 102 doing very well. The department is in the process of doing backgrounds and extending job offers to 103 new paid on call firefighters; recruitment efforts will continue. On the matter of new equipment, he 104 said that his staff is looking throughout the nation for good used equipment of the type that is needed 105 and will explore grant options for costs. He noted that some minor improvements to the Police 106 Department are planned so that additional gear can be stored as needed; staff is taking a thrifty 107 approach by using shelving provided and installed by the Public Works staff. 108 109 Mayor Reinert thanked Chief Swenson for his work. 110 111 PUBLIC SERVICES DEPARTMENT REPORT 112 113 There was no report from the Public Services Department. 114 115 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 116 117 6A) Lino Lakes Development aka White Pine Senior Living 118 i. Consider Second Reading of Ordinance 11-14 to Rezone Certain Property 119 from GB, General Business to R-4, High Density Residential 120 ii. Consider Resolution No. 14-138 Approving Final Plat 121 iii. Consider Resolution No. 14-139 Approving Development Contract 122 City Planner Larsen explained that this requested action involves a 39 -unit assisted living facility to be 123 located at 77th Street and Lake Drive. Staff is requested approval of the development contract, the 124 final plat (the council previously approved the preliminary plat) and a rezoning ordinance since the 125 land is currently zoned for general business. She used a PowerPoint presentation to review the site, 126 final plat (including right/of/ways), and the project's consistency with the preliminary plat and 127 comprehensive plan. She also noted the project's park dedication fees, development contract, and 128 recommendation of approval by the Planning and Zoning Board (final plat). When Council Member 129 Stoesz asked where snow would be pushed, Ms. Larsen said it will be removed from the site. 130 131 Mayor Reinert remarked that this project is obviously high density, not something preferred in Lino 132 Lakes, but since it is a senior housing project it is acceptable. He wonders how the city can be 133 assured that the project will remain senior units. Ms. Larsen responded that the units involved 3 COUNCIL MINUTES November 24, 2014 DRAFT 134 wouldn't function as apartments and also the conditional use permit involved doesn't allow for a 135 change. 136 137 Council Member Rafferty moved to waive the full reading of Ordinance No. 11-14. Council Member 138 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 139 140 Council Member Kusterman moved to approve the second reading and adoption of Ordinance No. 11- 141 14 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas; 5; Nays 142 none. 143 144 Council Member Rafferty moved to approve Resolution No. 14-138 as presented. Council Member 145 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 146 147 Council Member Rafferty moved to approve Resolution No. 14-139 as presented. Council Member 148 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 149 150 6B) Zoning Ordinance Amendment, Celeste McDermott 151 i. Consider 2nd Reading of Ordinance No. 10-14, Amending Chapter 1007 of 152 City Code, Lino Lakes Zoning Ordinance 153 ii. Consider Resolution No. 14-140 Approving Summary Publication of Ordinance 154 No. 10-14. 155 156 Economic Development Intern McDermott explained that staff is requesting that the council approve 157 the second reading of this ordinance that basically updates the format of the city's zoning ordinance to 158 make it consistent with the city's code of ordinances. The only amendment not related to format 159 relates to airports and is non -substantive in nature. A resolution accompanying the report requesting 160 summary publication. 161 162 Council Member Rafferty moved to waive the full reading of Ordinance No. 10-14. Council Member 163 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 164 165 Council Member Rafferty moved to approve the second reading and adoption of Ordinance No. 10-14 166 as presented. Council Member Stoesz seconded the motion. Motion carried: Yeas; 5; Nays none. 167 168 Council Member Roeser moved to approve Resolution No. 14-140 as presented. Council Member 169 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 170 171 6C) Consider Resolution No. 14-141, Approving Professional Services Contract with WSB, 172 Birch/Centerville Road Street and Utility Improvements — Community Development Director 173 Grochala reviewed the planned improvements in the area of Birch Street and Centerville Road. Staff 174 is requesting approval of a proposal by WSB to provide preliminary design and related serivces. 175 176 Council Member Rafferty moved to approve Resolution No. 14-141 as presented. Council Member 177 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 4 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 COUNCIL MINUTES November 24, 2014 DRAFT 6D) Consider Resolution No. 14-142, Adopting Special Assessment, Individual Utility Connections — City Engineer Hankee explained that staff has received a request from an individual property owner for connection to utility services. The cost of that connection is proposed to be fully assessed to the property owner at their request. Council Member Kusterman moved to approve Resolution No. 14-142 as presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY EVENTS SECRET HOLIDAY SHOPPING will be held at Lino Lakes City Hall on December 10 & 11, 2014 from 4:30 p.m. to 7:00 p.m. For more information call 651-982-2445 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFF locations are located at Lino Lakes City Hall and Police Department. Collection of toys and food for the upcoming holiday will serve folks right here in our community. For more information, please contact Lisa Hogstad-Osterhues at 651- 982-2424. COMMUNITY CALENDAR Community Calendar - A Look Ahead November 24, 2014 through December 8, 2014 aw Monday, December 1 6:00 pm, Community Room Council Work Session +k- Thursday, December 4 8:00 am, Community Room EDAC • Tuesday, December 8 6:30 pm, Council Chambers City Council Meeting ADJOURN There being no further business, Council Member Stoesz moved to adjourn at 7:15 p.m. Council Member Rafferty seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, December 8, 2014. Julianne Bartell, City Clerk 5 Jeff Reinert, Mayor CITY COUNCIL CONSENT AGENDA ITEM 1D STAFF ORIGINATOR Al Rolek MEETING DATE December 8, 2014 TOPIC Resolution No. 14-144 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2005B G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND The 1998A Debt Service Fund was established to service the debt on the 1997 and 1998 improvement projects. The 1998A issue was subsequently refunded by the 2005B bond issue. The original debt was to be retired using special assessments to benefited properties and resources of the Area and Unit Fund. . Resolution 14-144 would transfer the necessary funds from the Area and Unit Fund to maintain debt service requirements. The amount of the transfer is $220,000.00. RECOMMENDATION Staff recommends approval of Resolution 14-144. ATTACHMENTS Resolution 14-144. CITY OF LINO LAKES RESOLUTION NO. 14-144 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2005B G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, a portion the 2005B Bond issue refunded the original 1998A bond issue, and WHEREAS, these bonds were originally sold to finance 1997 and 1998 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1998A Bond issue. NOW, THEREFORE, BE IT RESOLVED, that the following transfer be adopted: Increase Decrease Imp. Bonds 2005B (328) $220,000.00 Area and Unit Fund (406) $220,000.00 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk STAFF ORIGINATOR MEETING DATE TOPIC VOTE REQUIRED BACKGROUND CITY COUNCIL AGENDA ITEM lE Al Rolek December 8, 2014 Consider Resolution No. 14-145 Authorizing an Interfund Loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund Simple Majority As the City Council is aware, the property for the Legacy at Woods Edge project went tax forfeit in 2010. As such, delinquencies in the collection of special assessments levied against the property have been unpaid and, in fact, the assessments have been de -certified. The special assessments financed the installation of public improvements in the development and were needed to service the outstanding debt on those improvements. Due to the delinquency of special assessments on the developed parcels, a cash deficit now exists in the debt service fund. Since 2008 staff has recommended that interfund loans be authorized at necessary intervals to service the outstanding debt until the delinquent special assessments are collected or until alternative financing solutions are available, at which time the loans will be repaid. Most recently the Municipal Buildings and Facilities fund has been the source of the interfund loans. Special legislation approved in 2011 allows the city to use tax increments from TIF District 1-10 toward the retirement of this debt, reducing the burden on the Municipal Buildings and Facilities fund. Resolution No. 14-145 authorizes an interfund loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund to temporarily service the unfunded outstanding debt and eliminate the existing cash deficit. RECOMMENDATION Staff recommends the approval of Resolution 14-145. ATTACHMENTS Resolution 14-145. CITY OF LINO LAKES RESOLUTION NO. 14-145 RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE MUNICIPAL BUILDINGS AND FACILITIES FUND TO THE 2005A G.O. IMPROVEMENT DEBT SERVICE FUND WHEREAS, the 2005A G.O. Improvement Debt Service Fund currently has a cash deficit due to delinquencies in the collection of special assessments, and WHEREAS, an interim source of financing is necessary to service the outstanding debt, and WHEREAS, it is staff's recommendation that an interim interfund loan be made from the Municipal Buildings and Facilities Fund until the delinquent special assessments are collected or an alternative financing source is established, at which time the interfund loan will be repaid. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, that the following interfund loan be authorized and recorded effective December 31, 2014: Increase Decrease 2005A G.O. Imp Fund (327) $235,000.00 Mun Buildings & Facilities Fund (401) $235,000.00 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR Al Rolek MEETING DATE 12/8/14 TOPIC Consideration of Resolution No. 14-146 Approving Transfers For Installment Payment on Interfund Loan For Recreation Complex Land VOTE REQUIRED Simple Majority BACKGROUND The City Council approved Resolution No. 06-212 providing for the repayment of the interfund loan for the Recreation Complex land. The attached Resolution No. 14-146 approves the transfers necessary to make the 2014 installment of the approved repayment program. RECOMMENDATION Staff recommends approval of Resolution No. 14-146. ATTACHMENTS Resolution 14-146. CITY OF LINO LAKES RESOLUTION NO. 14-146 RESOLUTION APPROVING TRANSFERS FOR INSTALLMENT PAYMENT ON INTERFUND LOAN FOR RECREATION COMPLEX LAND WHEREAS, in 1999 the City purchased land for the purpose of creating a recreation complex, and; WHEREAS, a temporary interfund loan was made from the Area and Unit Fund (406) to the Dedicated Parks Fund (405) for the purchase of said land, and; WHEREAS, the City Council to approved Resolution No. 06-212 providing for a plan to repay the interfund loan from the General Fund and Dedicated Parks Fund. NOW, THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council that the following transfers are approved to pay the 2014 installment on the Recreation Complex Interfund Loan: From To Amount General Fund Dedicated Parks Fund $50,000.00 Dedicated Parks Fund Area and Unit Fund $100,000.00 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk and Jeff Reinert, Mayor AGENDA ITEM 2A (i) STAFF ORIGINATOR Al Rolek DATE December 8, 2014 TOPIC Consideration of Resolution No. 14-147 adopting the Final 2014 Tax Levy, Collectible in 2015. VOTE REQUIRED Simple Majority BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a fmal 2014 tax levy, collectible in 2015 on or before December 28th. The total levy includes dollars for the general operating budget as well as dollars for special levies for tax abatement and general bonded debt. The levy provides resources for City operations, capital outlay and equipment replacement, street and storm drainage maintenance and a contingency for unforeseen emergencies. The levy also includes a voter -approved levy of $179,563 to service debt for the Birch/Ware and Lake/Main intersection signalization projects. The total proposed tax levy for 2014/15 is $8,686,072, $480,894 less than the preliminary levy adopted in September. The proposed levy represents an increase of $390,028 from the 2013/14 tax levy. The tax rate is estimated to decrease for 2015 from 46.682% to 43.730%. A public hearing was held on the tax levy for this evening. Tax levy information was presented and discussed during the public hearing and public testimony was received. The City Council needs to take final action on the tax levy at this time. RECOMMENDATION Staff recommendation is to adopt Resolution No. 14-147 approving the final 2014 Tax Levy, collectible in 2015. ATTACHMENTS Resolution 14-147. A-1 CITY OF LINO LAKES RESOLUTION NO. 14-147 RESOLUTION ADOPTING THE FINAL 2014 TAX LEVY, COLLECTIBLE IN 2015 WHEREAS, the City of Lino Lakes has budgeted to pay expenditures for General Fund operating costs anticipated in the year 2015; and, WHEREAS, the City of Lino Lakes has budgeted to pay the annual debt service on outstanding indebtedness; and, WHEREAS, the City Council adopted its preliminary 2014 tax levy, collectible in 2015, in anticipation of the above expenses; and, WHEREAS, the City Council has published in the official newspaper all notices required by Minnesota statutes and the City Charter; and, WHEREAS, the City Council held its public hearing on December 8, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes, Anoka County, Minnesota, approves its final 2014 tax levy, collectible in 2015, upon taxable property within the City of Lino Lakes as follows: 1. Total amount levied in the year 2014 to be spread for taxes due and payable in the year 2015 is $8,686,072. 2. The total amount above levied is for the following purposes: General Operating Levy $7,490,578 General Bonded Debt G.O. Tax Abatement Bonds 2006C 264,458 G.O. CIP Refunding Bond 2006E 449,820 G.O. Bonds 2012A 179,563 Equipment Certificates of 2012 54,086 Equipment Certificates of 2013 69,615 Equipment Certificates of 2014 177,952 Total General Obligation Bonded Debt 1,195,494 TOTAL LEVIES $8,686,072 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof:. The following voted against same:. ATTEST: Julianne Bartell, City Clerk A-1 Jeff Reinert, Mayor CITY COUNCIL AGENDA ITEM 2A (ii) STAFF ORIGINATOR Al Rolek MEETING DATE December 8, 2014 TOPIC Consideration of adopting Resolution No. 14-148 adopting the final 2015 General Fund Operating Budget for the City of Lino Lakes VOTE REQUIRED Simple Majority BACKGROUND State Statutes require the City of Lino Lakes to adopt and certify a final 2015 General Fund operating budget on or before December 28. A public hearing was held tonight to take public comment on the budget. A summary of the proposed budget and tax levy was presented and discussed during the public hearing. The final 2015 budget represents a 9.9% increase from the 2014 adopted budget. The budget includes one- time preparation and startup costs for the new Lino Lakes Fire Department, which will begin operations in January 2016, as well as the City's contribution to the Centennial Fire District. Also included are the additions of an assistant administrator, a public safety administrative assistant and a full-time patrol officer, as well as cross training for current police personnel involved in fire/rescue operations. Funding for street maintenance efforts is increased and storm drainage maintenance and repair efforts are maintained for 2015. A contingency for unforeseen circumstances is also included in the budget. Capital equipment replacement needs will be met through the use of debt financing for the coming year. Accumulated prior year budget surpluses and the use Closed Bond Fund proceeds toward one-time fire start-up costs are being used to balance the budget. The City Council needs to take final action to approve the budget at this time. RECOMMENDATION Staff recommends adoption of Resolution 14-148. ATTACHMENTS Resolution 14-148. A-2 CITY OF LINO LAKES RESOLUTION NO. 14-148 RESOLUTION ADOPTING THE FINAL 2015 GENERAL FUND OPERATING BUDGET WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out final General Fund revenues and expenditures for the upcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED: That the following fmal General Fund operating budget be adopted for 2015: 2015 FINAL GENERAL FUND BUDGET REVENUES: Property Taxes $7,595,578 Intergovernmental Revenue 490,000 Licenses and Permits 439,100 Charges for Services 294,550 Fines & Forfeitures 130,500 Interest on Investments 30,000 Miscellaneous 821,394 TOTAL FINAL GENERAL FUND REVENUES $9,801,122 EXPENDITURES: Administration $1,228,424 Community Development 682,988 Public Safety 4,556,944 Public Services 2,693,266 Other 639,500 TOTAL FINAL GENERAL FUND EXPENDITURES $9,801,122 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk A-2 Jeff Reinert, Mayor CITY COUNCIL AGENDA ITEM 2A (iii) STAFF ORIGINATOR Al Rolek MEETING DATE December 8, 2014 TOPIC Consideration of adopting Resolution No. 14-149 adopting the final 2015 Water and Sewer Operating Budgets VOTE REQUIRED Simple Majority BACKGROUND The City Council reviewed the proposed 2015 Water and Sewer Operating Budgets at their budget work sessions. The budgets include the cost of depreciation of infrastructure as an expense, and recovery of this cost is incorporated into the utility rate structure. Water and sewer rates will be adjusted in 2015 by 2% and 3%, respectively, to fund operations. It has been the practice of the City Council to adopt the Water and Sewer Operating budgets by resolution. Staff recommendation is to adopt Resolution No. 14-149 adopting the final 2015 Water and Sewer Operating Budgets. RECOMMENDATION Staff recommends adoption of Resolution 14-149. ATTACHMENTS Resolution 14-149. A-3 CITY OF LINO LAKES RESOLUTION NO. 14-149 RESOLUTION ADOPTING THE 2015 WATER AND SEWER OPERATING BUDGETS WHEREAS, the City Council has reviewed the proposed 2015 Water and Sewer Operating Budgets during their budget work sessions, and, WHEREAS, the City Council each year adopts the Water and Sewer Operating Budgets by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the following Water and Sewer Operating Budgets for the year 2015 are hereby adopted: 2015 Water Operating Budget 2015 Sewer Operating Budget Operating Revenues Transfers Total Revenues & Transfers Operating Expenses Debt Service Total Expenses Revenues/Transfers over/ Under Expenses Use of Fund Surplus $1,247,938 $1,688,000 -0- -0- $1,247,938 $1,688,000 $1,179,819 $2,181,199 -0- -0- $1,179,819 $2,181,199 $ 68,119 $ (493,199) -0- $ 493,199 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same:. ATTEST: Julianne Bartell, City Clerk A-3 Jeff Reinert, Mayor CITY COUNCIL AGENDA ITEM 2A (iv) STAFF ORIGINATOR Al Rolek MEETING DATE December 8, 2014 TOPIC Consideration of adopting Resolution 14-150 adopting the 2015 Recreation Fund Operating Budgets VOTE REQUIRED Simple Majority BACKGROUND The City Council has reviewed the proposed 2015 Recreation Fund Operating Budgets during their budget work sessions. The budget being presented for approval has not changed since the work session. The Recreation Fund is a special revenue fund and operates from revenues collected from recreation fees. No part of the tax levy is used to finance Recreation Fund operations. A transfer to the General Fund is budgeted to offset fixed costs. The budget for 2015 estimates that a small surplus will be realized in this fund. RECOMMENDATION Staff recommends adoption of Resolution 14-150 adopting the final 2015 Recreation Fund Operating Budget. ATTACHMENTS Resolution 14-150. A-4 CITY OF LINO LAKES RESOLUTION NO. 14-150 RESOLUTION ADOPTING THE 2015 RECREATION FUND BUDGET WHEREAS, the Recreation Fund is a Special Revenue Fund, funded through fees generated by recreation programming; and, WHEREAS, Special Revenue Funds are required to adopt a budget for the forthcoming year. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the following Recreation Fund Operating Budget for the year 2015 is hereby adopted: 2015 RECREATION FUND BUDGET REVENUES EXPENDITURES Adult Instructional $ 5,100 $ 4,150 Adult Leagues 15,550 11,375 Youth Instructional 75,325 62,300 Youth Leagues 25,000 21,500 Special Events 7,960 10,380 Senior Programs 16,000 15,500 Program Totals $144,935 $125,205 Operating Surplus 0 9,730 Transfer to General Fund 0 10,000 Recreation Fund Totals $144,935 $144,935 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: . ATTEST: Julianne Bartell, City Clerk A-4 Jeff Reinert, Mayor City of Lino Lakes Public Hearing on Proposed 2015 Operating Budget and Property Tax Levy December 8, 2014 City of Lino Lakes Proposed Tax Levy in 2014 City of Lino Lakes levy: — General Levy for Operations — Special Levies for Debt Service, Abatement payments — $480,894 less than approved preliminary levy — includes voter approved levy of $179,563 — $390,028 higher than levy for 2014 City of Lino Lakes Tax Base increased for 1st time in last 6 years City of Lino Lakes 2015 Property Tax Distribution School District 29% Anoka County 31% Other 5% Lino Lakes 35% City of Lino Lakes Property Tax Computation 2014 2015 Market Value $197,385 MV Exclusion ( 19,475) Taxable MV $179,147 'acity City Tax Rate x.46682 t City Tax $836 12.34% avg increase in value Market Value 8221,742 MV Exclusion ( 17,283) Taxable MV $204,459 City Tax Rate x.43730 :ax $. Difference $58 o 1 City of Lino Lakes Budget Preparation Calendar • February - May - City Council establishes budget priorities and objectives • June/July - Departmental budgets are prepared • July 7 / Sept 8 - Council reviews proposed budget • September 8 - Council approves preliminary 2015 Tax Levy and Budget & sets public hearing date • September 15 - Preliminary Tax Levy, Budget & public hearing dates certified to County Auditor City of Lino Lakes Budget Preparation Calendar • Mid -November - County mails notice of proposed property tax • December 8 - Council holds public hearing on proposed 2015 Budget and Tax Levy and adopts the final • By December 29 - City certifies final 2015 Tax Levy and Budget to County Auditor City of Lino Lakes General Fund Budget 2009-2015 S 10,000,000 59,000,000 S8,000,000 57,000,000 $6,000,000 $5,000,000 $4,000,000 $10,064,722 ,7 - , 59,461,755 4.99% mo' (023%) -- $9,439,622 r $9167.602 -it-88% , $8,841,385 - - / 1.56% I -x.86%--'9.91% $8,917,775 / may/ j ./ -- 2009 2010 2011 2012 2013 2014 2015 City of Lino Lakes Proposed 2015 Revenues Property Ta Licenses & Permits Intergovernmental Fines & Forfeitures Charges for Service Interest Income Transfers & Misc Total Revenues 2014 418,150 465,000 140,500 231,600 30,000 398,603 $8,917,775 2015 %CGC 439,100 490,000 130,500 294,550 30,000 821,394 $9,801,122 .00% 5.01% 5.38% (7.12%) 27.18% 0.00% 106.07% 9.91% City of Lino Lakes Proposed 2015 Expenditures Public Services 27.48% Tfrs & Other 6.52% Admin istration 12.76% Corrmun ity Development 7.48% Public Safety 46.49% • Debt service - retired in 2012 • Water rates adjusted 2% for 2015 51,100 S900 S700 5500 S300 S100 City of Lino Lakes Public Hearing on Proposed 2015 Operating Budget and Property Tax Levy Thank you for attending. December 8, 2014 CITY COUNCIL AGENDA ITEM 2B STAFF ORIGINATOR Al Rolek MEETING DATE December 8, 2014 TOPIC Consideration Resolution 14-151 amending the 2014 General Operating Budget for the City of Lino Lakes VOTE REQUIRED Simple Majority BACKGROUND The City Council has made a number of fiscal decisions through the year which have an impact on the general operating budget. Additionally, economic conditions and projected changes in budget projections have had a significant impact on the City's budget for 2014. Staff has examined the potential budget areas that will be impacted by these factors. The impacts include reductions in revenue areas affected by economic conditions, such as building activities, etc., as well as changes in expenditure areas due to personnel changes, changes to contracted services, transfers for street reconstruction and park land loans and other factors. Staff has prepared a listing of proposed budget adjustments for conditions that are known today for City Council consideration. RECOMMENDATION Staff recommends that the City Council approve Resolution 14-151 amending the 2014 General Operating Budget. ATTACHMENTS Resolution 14-151. CITY OF LINO LAKES RESOLUTION NO. 14-151 RESOLUTION AMENDING THE 2014 GENERAL OPERATING BUDGET WHEREAS, the City Council has adopted a general operating budget for 2014, and, WHEREAS, the City Council has made certain fiscal decisions through the year which have an impact on the general operating budget, and, WHEREAS, changes in economic conditions and changes in budget forecasts have made it necessary for the City Council to reconsider portions of the adopted general operating budget, and, WHEREAS, it is good management and accounting practice to amend the general operating budget to reflect such changes. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the general operating budget for 2014 be amended as follows: REVENUES: ACCOUNT 101-3010-000 101-3040-000 101-3201-000 101-3210-000 101-3250-000 101-3251-000 101-3225-000 101-3345-000 101-3346-000 101-3350-000 101-3360-000 101-3422-000 101-3470-000 101-3492-000 101-3510-000 101-3511-000 101-3620-000 101-3740-000 101-3900-000 EXPENDITURES: General Property Tax Fiscal Disparities Liquor Licenses Temporary Consumption Permit Building Permit Fees Plan Inspection Fees Lodging Tax MSA Police State Aid Centennial Gas Franchise Fees Solid Waste — SCORE Police Other Revenue Park Revenues Engineering/Planning Fees Fines & Forfeits ACE Fees Interest on Investments Lease Revenues Use of General Fund Reserves TOTAL AMENDMENTS ACCOUNT 101-401-41xx-000 101-401-4300-000 101-402-4131-000 101-402-4410-000 101-405-4300-000 101-405-4300-999 101-414-4301-000 101-415-4300-000 101-415-4900-000 101-416-4300-000 101-416-4410-000 Mayor/Council Personal Services Mayor/Council Professional Services Admin Health Insurance Admin Contracted Services Charter Admin Professional Services Charter Commission Prof Services Legal Municipal Attorney Econ Devel Professional Services Econ Devel Marketing Planning & Zoning Professional Services Planning & Zoning Contracted Services ADJUSTMENT AMOUNT $(1,202,450) 1,202,450 4,000 7,100 (29,000) (21,000) 18,000 10,000 14,000 15,000 30,000 15,000 8,400 25,000 (25,000) 5,000 10,000 8,000 (6,521) $ 87,979 ADJUSTMENT AMOUNT 9,000 32,500 (14,221) 13,000 1,000 1,325 25,000 (9,000) 17,500 (2,600) (3,000) 101-420-4360-000 101-421-41xx-000 101-421-4310-000 101-421-4330-000 101-421-4340-000 101-421-4370-000 101-421-4415-000 101-421-5000-000 101-422-41 xx-000 101-422-4410-000 101-430-4131-000 101-430-4200-000 101-430-4300-000 101-431-4221-000 101-431-4300-000 101-431-4363-000 101-431-4452-000 101-432-4211-000 101-432-4361-000 101-450-41xx-000 101-450-4382-000 101-450-4410-000 101-461-41xx-000 101-462-41xx-000 101-462-4410-000 101-462-5000-000 101-499-4905-000 101-499-4910-000 Police Liability Insurance Fire Personal Services Fire Other Consulting Services Fire Travel & Training Fire Printing & Publishing Fire Uniforms Fire Equipment Rental Fire Capital Outlay Building Inspections Personal Services Building Inspections Contract Services Streets Health Insurance Streets Office Supplies Streets Professional Services Fleet Shop Parts Fleet Professional Services Fleet Auto Insurance Fleet Subscriptions/Memberships Govt Buildings Maintenance Supplies Govt Buildings Insurance Parks Personal Services Parks Utilities Parks Contracted Services Environmental Personal Services Solid Waste Personal Services Solid Waste Contracted Services Solid Waste Capital Outlay Contingency Operating Transfers Out TOTAL AMENDMENTS 10,000 22,625 2,800 8,900 3,000 6,400 6,350 900 (33,000) 10,000 (14,000) 2,000 9,500 9,000 5,000 5,000 4,500 14,000 12,000 (10,000) (5,000) (15,000) (15,000) 11,000 15,000 1,500 (100,000) 50,000 $ 87,979 Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2C STAFF ORIGINATOR Al Rolek MEETING DATE December 8, 2014 TOPIC Consideration of adopting Resolution 14-152 Specific Revenue Sources in Special Revenue Funds VOTE REQUIRED Simple Majority INTRODUCTION The City has implemented Governmental Accounting Standards Board (GASB) Statement #54 which requires that fund balances be divided into categories from most restricted to uncommitted funds. The City Council must annually adopt a resolution to `commit' certain funds. BACKGROUND The City Council has approved a policy implementing Governmental Accounting Standards Board (GASB) Statement #54. This statement's definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. The term "proceeds of specific revenue sources" establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues. Resolution 14-152 commits the specific revenue sources of the Recreation Special Revenue Fund specifically for operating City -sponsored recreation programming and the Cable TV Fund specifically for expenditures associated with Cable TV programming. This commitment may only be changed by resolution of the City Council. RECOMMENDATION Staff recommends adoption of Resolution 14-152. ATTACHMENTS Resolution 14-152. CITY OF LINO LAKES RESOLUTION NO. 14-152 RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS WHEREAS, the Governmental Accounting Standards Board's Statement #54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and, WHEREAS, the term "proceeds of specific revenue sources" established that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and, WHEREAS, WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and, council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes as follows: 1. The specific revenue sources of each special revenue fund and the specific purposes for which they are committed are as follows: Fund Specific Revenue Sources Committed For Recreation Program Recreation Fees Committed for expenditures associated with City Sponsored Recreation Programs Cable TV Franchise Fees Committed for expenditures associated with City Sponsored Cable TV Programming Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: December 8, 2014 TOPIC: Employment Extension for Recycling Program Intern VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to extend the employment of the Recycling Program Intern, Kyung Kye, until June 24, 2015. BACKGROUND Last June the City Council authorized the hiring of a Recycling Program Intern for six months. The position was funded through the Anoka County SCORE Grant Program. There are additional funds available for Anoka County cities to enhance its recycling programs in 2015. The enhancement funds available to Lino Lakes amounts to $81,674. Extending the position for six months will cost the City $15,841 at 32 hours per week and $13.00 an hour. RECOMMENDATION Approve six-month employment extension for Kyung Kye through June 24, 2015. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 8, 2014 TOPIC: Approval of Resolution 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement VOTE REQUIRED: 3/5 INTRODUCTION The Anoka County Fire Protection Council (ACFPC) is made up of fire organizations from Anoka County. The ACFPC has operated under bylaws but with no formal Joint Powers Agreement (JPA). The ACFPC must now have a JPA between member cities in order to become a legal entity with the ability to enter into legal contracts. BACKGROUND The ability of the ACFPC to become a legal entity and enter into contracts is necessary for the implementation of the Anoka County Public Safety Data System. As part of the Anoka County Public Safety Data System, the ACFPA must enter into contract with the vendor, FDM, for the fire records management system. The City of Lino Lakes has been represented by the Centennial Fire District prior to the execution of this JPA. By entering into the JPA, the City of Lino Lakes would have full membership in the ACFPC. RECOMMENDATION Staff recommends Council approval of Resolution 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement. ATTACHMENTS Resolution 14-155 CITY OF LINO LAKES RESOLUTION NO. 14-155 AUTHORIZING THE CITY OF LINO LAKES TO PARTICIPATE IN THE ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: That the Lino Lakes Public Safety Department is authorized to participate in the Anoka County Fire Protection Council Joint Powers Agreement. Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014, by and between the following governmental entities: the Cities of Anoka, Champlin, Andover, Bethel, Centerville, Lino Lakes, Circle Pines, Coon Rapids, Columbia Heights, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Nowthen, Oak Grove, Ramsey, St. Francis, Spring Lake Park, Blaine, Mounds View, and the Township of Linwood; (hereinafter "Members"). WHEREAS, the Members have determined that it is mutually beneficial for them to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, Anoka County Fire Protection Council (hereinafter "ACFPC") will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency - related essentials; and WHEREAS, the Members have previously participated in mutual aid agreements that were successful in encouraging cooperation among the group, but said mutual aid agreements did not provide sufficient legal authority for the group to meet upcoming needs and desires; and WHEREAS, the creation of a joint powers agreement will meet the legal needs for the Members to accomplish the goals as set forth herein, including interaction with the Anoka County Joint Law Enforcement Council and other private and public entities; and WHEREAS, each of the Members have considered the alternatives, and agree that creation of this Agreement is in the Member's best interest; and WHEREAS, the Members enter into this Agreement pursuant to the authority set forth in Minn. Stat. § 471.59; NOW THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive from this Agreement, and other good and valuable consideration, the Members agree as follows: 1 ARTICLE I Definitions In the interpretation of this Agreement and the Bylaws, the following definitions shall have the meanings given to them. (1) "Aggregate Index" or "AI" means a. The total number of Calls for Service experienced by all Members in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for all Members, divided by 1,000,000, plus c. Population for all Members, divided by 100. (2) "Agreement" shall mean this Joint Powers Agreement between and among the Members as defined herein. (3) "Anoka County Fire Protection Council" or "ACFPC" is the name of the cooperative joint powers entity created by this Agreement. (4) "Assessed Market Value" or "AMV" means the statistic established and maintained by the County Assessor for all of the real property in a given municipality. (5) "Call for Service" means the dispatching of any fire department or emergency personnel in response to an incident. (6) "Director" means an individual who is also a member of the ACFPC Joint Powers Board (i.e., a Fire Chief or an Elected Official) who, with the other ACFPC Directors acting through the process of voting, has the responsibility for determining and implementing the business and affairs of ACFPC. (7) (8) "Joint Powers Board" means the collective group of Directors that is legally responsible for governing the cooperative joint powers entity created by this Agreement. ACFPC's Joint Powers Board is composed of (2) joint decision-making bodies: A.) Fire Chief Directors, who are responsible for the day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions;" and B.) Elected Official Directors, who are responsible for "Major Financial Decisions" of ACFPC. Together, the Joint Powers Board shall jointly exercise the powers and duties as stated in this Agreement as they deem is in the best interests of ACFPC. "Major Financial Decisions" means an expenditure totaling fifty thousand dollars ($50,000) or more, and shall require prior approval by the elected officials' decision- making body. 2 (9) "Member(s)" shall mean the following government entities: City of Andover City of Anoka City of Bethel City of Blaine City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood (10) "Member Index" or "MI" means a. The total number of Calls for Service experienced by the Member in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for the Member, divided by 1,000,000, plus c. Population for the Member, divided by 100. (11) "Officer" means an individual who is also an ACFPC Director and a fire service professional, who is further entrusted with specific responsibilities and authority within ACFPC to perform the duties and functions of Chairman, Vice Chairman, Treasurer, and/or Secretary as set forth in the Bylaws. (12) "Population" means the most recent population estimate for a given municipality as developed by the Twin Cities Area Metropolitan Council. 3 ARTICLE II Purpose The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency -related essentials. ARTICLE III Effective Date & Term The effective date of this Agreement shall be , 2014, notwithstanding the dates of the signatures of the parties, and shall continue in full force and effect unless and until the Members agree to its termination, as set forth herein. ARTICLE IV Powers & Duties The Joint Powers Entity created by this Agreement shall have all the powers and duties assigned by law, including the following: (1) Powers: a. The Members hereby delegate to ACFPC all authority necessary and reasonable to accomplish the purposes of this Agreement, including, but not limited to, the ability to obtain grant monies, finance, develop, design, construct, equip, own, staff, and operate any Member -approved programs in accordance with the terms of this Agreement. b. ACFPC may take and hold, by bequest, devise, gift, grant, purchase, lease or otherwise, any property, real, personal or mixed or any undivided interest therein, without limitation to amount or value; to convey, sell, or otherwise dispose of such property; and to invest, reinvest, and deal with the same in such a manner as in the judgment of the Members, will best promote the purposes of ACFPC. c. ACFPC may employ such staff as is necessary to carry out the purpose of this 4 Agreement, subject to the financial limitations imposed by law and this agreement. d. ACFPC may contract with individuals and/or other legal entities (corporations, LLCs, partnerships, etc.) to best promote the purposes of the Agreement. e. ACFPC may issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of this Agreement. f. In addition to the powers specified above, ACFPC shall have all powers that may be necessary to enable it to perform and carry out its duties and responsibilities under this Agreement. (2) Service to the community shall be unrestricted based on considerations of disability, national origin, race, color, creed, gender, age, religion, marital status, sexual orientation, and status with regard to public assistance. (3) Duties: a. ACFPC shall operate in accordance with Minnesota open meetings laws and government data practices pursuant to Minn. Stat. Chapters 13 and 13D. b. ACFPC shall operate in accordance with Minnesota joint powers board laws pursuant to Minn. Stat. § 471.59. c. ACFPC shall operate in accordance with all other relevant laws, rules, and internal documents, including its Bylaws. In the event ACFPC's Bylaws conflict with this Agreement, this Agreement shall control. ARTICLE V Composition & Operations 5.1 Composition. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision-making bodies: (1) Fire Chief Directors — For day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions": a. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. b. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy-five percent 5 (75%) of the cumulative weight of all the Members is required for passage of all items. c. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. (2) Elected Official Directors — For "Major Financial Decisions" of ACFPC: a. Each City/Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. b. One (1) vote per City/Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy- five percent (75%) of the cumulative weight of all the Members is required for passage of all items. c. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. 5.2 Operations. ACFPC shall have operating and governance procedures as set forth in its Bylaws. ARTICLE VI Member Expense Allocations & Fees 6.1 Calculation. A Member's percentage share of the annual expenses of the ACFPC will be equal to the Member Index divided by the Aggregate Index. 6.2 Cost -share Model. For the calendar year beginning in the year 2015, the Member percentages shall be based on data from calendar year 2013, as displayed on the cost -share model attached as Exhibit B. Exhibit B will also serve as an example of the computation methodology. The data for subsequent calendar years shall be assembled by the ACFPC's Executive Committee for use in annually updating Member expense allocations. 6.3 Annual Fee. Each Member shall pay an annual fee as well as pay its percentage share of ACFPC's annual expenses. The Joint Powers Board shall determine the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with ACFPC. 6 ARTICLE VII Withdrawal and Termination 7.1 Withdrawal. A Member may withdraw from ACFPC effective January 1 of any year, subsequent to the Effective Date, by providing a minimum of one (1) year's written notice to the Chair of ACFPC. In the event of withdrawal by any Member, this Agreement shall remain in full force and effect as to all remaining Members and the cost -share model attached as Exhibit B shall be amended. 7.2 Termination of the Agreement. This Agreement shall terminate upon the occurrence of any one of the following events: (1) When any Member withdraws pursuant to this Article, so that in the judgment of the remaining Members, as evidenced by a vote of both the Fire Chief Directors and the Elected Official Directors, it becomes impractical or impossible to continue. (2) When necessitated by operation of law, or as a result of a decision by a court of competent jurisdiction; (3) When the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors, to terminate the Agreement; 7.3 Expulsion of a Member. If a Member fails to perform any material obligation as required by this Agreement, the Bylaws, or applicable law, then ACFPC may, upon sixty (60) days' written notice and continued nonperformance, expel such non-performing Member. 7.4 Effect of Termination or Withdrawal. Termination, withdrawal, or expulsion shall not discharge any liability incurred by any of the Members prior to the date of termination, withdrawal, or expulsion. Termination, withdrawal, or expulsion of a Member shall not act to discharge any liability incurred or chargeable to said Member prior to the date of said Member's termination, withdrawal, or expulsion. Liability shall continue until appropriately discharged by law or mutual agreement. If a Member withdraws or is expelled, its contributions of real property, personal property, and/or liquid assets shall be forfeited to ACFPC for its continued use. 7.5 Distribution of Assets upon Termination. Upon termination of this Agreement, any and all real and personal assets shall be sold, and, after payment of all liabilities, surplus monies returned to the Members in proportion to their contributions, to be used for public purposes. 7 ARTICLE VIII Amendment This Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. ARTICLE IX Liability and Insurance 9.1 Insurance. ACFPC is a separate and distinct public entity. As such, ACFPC shall purchase and maintain adequate insurance to protect the entity and its participant Members against risk of loss for the following, which includes, but is not limited to: (1) Damage to any ACFPC property, personal and/or real, as well as any improvements located thereon against claims that may arise during the construction, operation, use, or maintenance of any ACFPC property; (2) Against claims which may arise from the regular activities of ACFPC as contemplated by the purposes of this Agreement; (3) Against unemployment and workers compensation, if ACFPC hires employees; (4) Against claims which may arise based on the good -faith actions of the Joint Powers Board and its Officers; (5) Against any other risk of loss that, in the judgment of the Members, will best promote the purposes of ACFPC. 9.2 Liability. Each Member shall be responsible for its own acts and those of its elected officials, employees, agents, independent contractors and the results thereof, and shall not be responsible for the acts of any other Member, its elected officials, employees, agents, or independent contractors and the results thereof, except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including insurance premiums as well as reasonable attorney and other professional fees), judgments and costs paid or incurred by ACFPC (which arise out of its performance or failure to perform its duties under this Agreement), to the extent not covered by insurance proceeds or a self-insurance risk pool, shall be included in the annual operating budget for the next calendar year. Amounts included in the 8 annual operating budget under this section shall be pro -rated so that the total costs passed through to the Members do not exceed ten percent (10%) of the annual operating budget. 9.3 Indemnification. ACFPC shall defend and indemnify its own officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. Moreover, ACFPC shall defend and indemnify its participating Members and their officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. All requests for indemnification by ACFPC shall be presented to the Joint Powers Board, and the Members shall determine whether the request should be granted or denied based on all of the relevant facts and circumstances as well as what best will promote the purposes of ACFPC. Nothing contained herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. Nothing contained herein shall be deemed a waiver by any Member of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against any Member shall be subject the maximum liability limits provided in Minnesota Statutes, Section 466.04. To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Members that they shall be deemed a "single governmental unit" for purposes of liability as set forth in Minnesota Statutes, Section 471.59, Subd. la(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Members are not liable for the acts or omissions of another Member except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other Members. Any excess or uninsured liability shall be borne equally by all Members, but this does not include the liability of any individual officer, employee, or volunteer, which arises from his or her own malfeasance, willful neglect of duty, or bad faith. ARTICLE X Property A list of equipment and/or personal property as set forth in Exhibit C is currently owned by ACFPC. Any equipment and/or personal property contributed by a Member after the Effective Date shall be set forth in a separate writing and shall be attached hereto as Exhibit D. 9 Upon termination of this Agreement, ACFPC shall follow the distribution provision in Article 6.5 of this Agreement. ARTICLE XI General Provisions 11.1 Entire Agreement. This Agreement contains the entire agreement of the Members and shall supersede all oral and written agreements as well as negotiations by the Members relating to the subject matter of this Agreement. 11.2 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such provision shall be void and shall not affect the remaining portions of this Agreement. 11.3 Notice. All notices and communications required pursuant to this Agreement shall be either hand delivered or mailed by U.S. Mail, to the following addresses: City of Andover City of Anoka City of Bethel City of Blaine Fire Chief 1685 Crosstown Blvd NW Andover, Minnesota 55304 763-755-9825 Fire Chief 2015 First Avenue North Anoka, Minnesota 55303 763-576-2860 Fire Chief 165 Main Street NW Bethel, Minnesota 55005 763-434-4366 Fire Chief 10801 Town Square Drive NE, Blaine, Minnesota 55449 763-786-4436 10 City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop Fire Chief 2085 West Cedar Street Centerville, MN 55038 651-792-7901 Fire Chief 11955 Champlin Drive Champlin, Minnesota 55316 763-576-2860 Fire Chief 200 Civic Heights Circle Circle Pines, MN 55014 651-792-7901 Fire Chief 590 -40th Avenue NE Columbia Heights, Minnesota 55421 763-706-8152 Fire Chief 11155 Robinson Drive NW Coon Rapids, Minnesota 763-767-6471 Fire Chief 2241 -221st Avenue NE East Bethel, Minnesota 55011 763-367-7886 Fire Chief 6431 University Avenue NE Fridley, Minnesota 55432 763-572-3610 Fire Chief 15544 Central Avenue NE Ham Lake, Minnesota 55304 763-434-9555 Fire Chief 4555 Jackson Street NE Minneapolis, MN 55421 763-706-8152 City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood Fire Chief 9180 Lexington Avenue NE Lexington, Minnesota 55014 763-784-2792 Fire Chief 600 Town Center Parkway Lino Lakes, MN 55014 651-792-7901 Fire Chief 2401 Highway 10 Mounds View, MN 55112 763-786-4436 Fire Chief 8188 199th Ave NW Nowthen, MN 55330 763-433-9886 Fire Chief 19900 Nightingale Street NW Oak Grove, MN 55011 763-404-7000 Fire Chief 7550 Sunwood Drive NW Ramsey, Minnesota 55303 763-433-9886 Fire Chief 1301 81st Avenue NE Spring Lake Park, Minnesota 55432 763-786-4436 Fire Chief 23340 Cree Street NW St. Francis, Minnesota 55070 763-441-4452 Fire Chief 22817 Typo Creek Drive NE Stacy, Minnesota 55079 651-462-0502 The addressees listed in this section shall be the registered address of the Members for purposes of sending and receiving notices and communications required pursuant to this Agreement. Any Member may change its registered address and/or authorized representative by written notice delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed complete two (2) business days after the date of mailing. 11.4 Members Form a Governing Joint Powers Board. For the purposes of the Agreement, the Members shall collectively form a Joint Powers Board, which shall govern the entity. The Members shall not be deemed to be independent contractors nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any and all agents, servants, employees, or independent contractors of a Member remains an employee or independent contractor of the Member, and shall not be considered an employee or independent contractor of any other Member for any purpose. This paragraph shall not prohibit an employee or independent contractor of any Member from contracting with ACFPC to provide services outside their normal engagements. 11.5 Damages. In the event of a Member's failure to perform obligations under this Agreement, that Member shall be liable to the other parties for any and all damages reasonably sustained by the other Member as a result of such failure. ACFPC shall attempt to first mediate all internal disputes and Members are strongly encouraged to engage in binding arbitration instead of litigation. 11.6 Remedies Cumulative. All remedies provided for herein or otherwise available at law or equity shall be cumulative. The election of one remedy shall not bar other remedies available to the Member. 11.7 Waiver of Default. The waiver of any default by any Member, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. The making or acceptance of a payment by any Member with knowledge of the existence of a default shall not operate or be construed to operate as a waiver of any subsequent default. 11.8 Subcontracts, Assignment. A Member may not subcontract, assign, or otherwise transfer its rights or obligations under this Agreement to any other entity — public or private. 11.9 Successors. Each Member binds itself and its successors, legal representatives, and assigns to the other Members and to the partners, successors, legal representatives, and assigns of such other Members, in respect to all rights and obligations under this Agreement. 13 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. CITY OF ANOKA CITY OF CHAMPLIN By: By: Phil Rice, Mayor Dated: ATTEST: Dated: ArMand Nelson, Mayor ATTEST: By: By: Tim Cruikshank, City Manager Bret Heitkamp, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF ANDOVER CITY OF BETHEL By: By: Mike Gamache, Mayor Todd Miller, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Jim Dickinson, City Administrator Ginger Berg, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner, City Attorney William Goodrich, City Attorney Dated: Dated: 14 CITY OF BLAINE CITY OF COLUMBIA HEIGHTS By: By: Tom Ryan, Mayor Gary Peterson, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Clark Arneson, City Manager Walt Fehst, City Manager Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Patrick Sweeney, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF CENTERVILLE CITY OF CIRCLE PINES By: By: Thomas Wilharber, Mayor David Bartholomay, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Dallas Larson, City Administrator James Keinath, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Kurt Glaser, City Attorney Kim Kozar, City Attorney Dated: Dated: 15 CITY OF COON RAPIDS CITY OF EAST BETHEL By: By: Tim Howe, Mayor Richard Lawrence, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Steve Gatlin, City Manager Jack Davis, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: David Brodie, City Attorney Mark Vierling, City Attorney Dated: Dated: CITY OF FRIDLEY CITY OF HAM LAKE By: By: Scott Lund, Mayor Mike Van Kirk, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Wally Wysopal, City Manager Doris Nivala, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution By: By: Darcy Erickson, City Attorney Wilbur Dorn, City Attorney Dated: Dated: 16 CITY OF HILLTOP CITY OF LEXINGTON By: By: Jerry Murphy, Mayor Michael Pitchford, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Ruth J. Nelson, City Clerk Bill Petracek, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Carl J. Newquist, City Attorney Kurt Glaser, City Attorney Dated: Dated: CITY OF LINO LAKES TOWNSHIP OF LINWOOD By: By: Jeff Reinert, Mayor Phillip Osterhus, Chair, Board of Supervisors Dated: Dated: ATTEST: ATTEST: By: By: Jeff Karlson, City Administrator Dated: Approved as to Form and Execution: Judy Hanna, Town Clerk Dated: Approved as to Form and Execution: By: By: Joseph Langel, City Attorney Michael Haag, City Attorney Dated: Dated: 17 CITY OF MOUNDS VIEW CITY OF NOWTHEN By: By: Joe Flaherty, Mayor William Schulz, Mayor Dated: Dated: ATTEST: ATTEST: By: By: James Ericson, City Administrator Corrie LaDoucer, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Robert Vose, City Attorney Robert Ruppe, City Attorney Dated: Dated: CITY OF OAK GROVE CITY OF RAMSEY By: By: Mark Korin, Mayor Sarah Strommen, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Rick Juba, City Administrator Kurt Ulrich, City Administrator Approved as to Form and Execution: Approved as to Form and Execution: By: By: Robert Vose, City Attorney Joseph Langel, City Attorney 18 CITY OF SPRING LAKE PARK CITY OF ST. FRANCIS By: By: Cindy Hansen, Mayor Jerry Tveit, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Daniel Buchholtz, City Administrator Matthew Hylen, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution By: By: Jeffrey Carson, City Attorney Scott Lepak, City Attorney Dated: Dated: 19 EXHIBIT A - BYLAWS 20 Exhibit A Bylaws of Anoka County Fire Protection Council Article I — Name Section 1. Name. The name of the joint powers entity shall be Anoka County Fire Protection Council (hereinafter "ACFPC"). Article II — Location Section 1. Registered Office. The registered office of ACFPC is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. The corporate records shall be stored at ACFPC's registered office. Section 2. Mailing Address. ACFPC's mailing address is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. Section 3. Other Offices. ACFPC may maintain other offices and places of business as the Board may from time to time designate or the business of the ACFPC may require. Article III — Purpose Section 1. Purpose. The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency -related essentials. Section 2. Mission. ACFPC shall strive to: A. Improve safety conditions for ACFPC Members' firefighters; B. Promote fire safety through education, inspections, investigations, and general protection of its Members' citizens; C. Exchange ideas among ACFPC Members in areas related to all aspects of fire and emergency services; D. Enhance overall communications between and among ACFPC Members; 1 Exhibit A E. Strive to provide to the Members' communities the best overall fire and emergency services that can be jointly made available; F. Serve in an advisory capacity to the Members on matters related to fire and emergency services; G. Serve as an appropriate representative of firefighting and emergency services within Anoka County; H. Coordinate efforts for the mutual exchange of equipment and services among ACFPC Members; I. Provide appropriate training through the Anoka County Training Academy for ACFPC Members' firefighters; J. Participate in the creation and on-going management of the Records Management and Computer Aided Dispatch Systems for ACFPC Members; K. Establish and maintain cooperative relationships with Joint Law Enforcement Council and other government agencies; and L. Enter into contracts, agreements, and transactions for the benefit of all ACFPC Members. Article IV — Membership Section 1. Membership. Membership shall consist of the participating Members of the Joint Powers Agreement, as defined in said Agreement. Article V — Joint Powers Board Section 1. Number and Qualifications. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision-making bodies: A. Fire Chief Directors — For day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions": 1. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. 2. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. 3. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming 2 Exhibit A B. Elected Official Directors — For "Major Financial Decisions" of ACFPC: 1. Each City/Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. 2. One (1) vote per City/Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy- five percent (75%) of the cumulative weight of all the Members is required for passage of all items. 3. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. Section 2. Governing Powers. Pursuant to the Joint Powers Agreement and Minn. Stat. § 471.59, the Joint Powers Board shall have all the duties and powers necessary and appropriate for the overall direction of ACFPC, including but not limited to: A. To perform any and all duties imposed upon them collectively or individually by law, by the Joint Powers Agreement, the Bylaws, and/or the Policies & Procedures; B. To appoint and remove, employ and discharge, and, except otherwise provided in these Bylaws, prescribe the duties and fix compensation, if any, of all Officers, agents, employees, independent contractors, and/or committees of ACFPC; to prescribe powers and duties for them; and to fix their compensation; C. To manage and oversee the affairs and activities of ACFPC, and to make policies and procedures; D. To enter into contracts, leases, and other agreements which are, in the judgment of the Joint Powers Board, necessary or desirable in obtaining the purposes of promoting the interests of ACFPC; E. To acquire real or personal property, by purchase, exchange, lease, gift, devise, bequest, or otherwise, and to hold, improve, lease, sublease, mortgage, transfer in trust, encumber, convey, or otherwise dispose of such property; F. To borrow money, incur debt, and to execute and deliver promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities; G. To indemnify and maintain insurance on behalf of any of ACFPC, its Directors, Officers, agents, employees, or independent contractors, for liability asserted against the entity or incurred by such person in such capacity or arising out of such person's status as such, subject to the provisions of Minn. Stat. § 471.59 or other law/equity; and 3 Exhibit A H. To follow these Bylaws, including meeting regularly. The Joint Powers Board may engage in such acts that are in the best interests of ACFPC and that are not in violation of Minnesota Statutes or Federal law. No Director shall have any right, title, or interest in or to any property of ACFPC. Section 3. Terms. Because both decision-making bodies composing the Joint Powers Board serve ex officio, there are no terms. Section 4. Election Procedures. Because both decision-making bodies composing the Joint Powers Board serve ex officio, there are no election procedures. Section 5. Resignation, Termination, Leaves, and Absences. A. A Director may resign or request a leave of absence at any time by giving written notice to the Secretary of ACFPC. The resignation or request for leave of absence is effective immediately without acceptance, unless a later effective time is specified in the notice. If a resignation is effective at a later date, the Board may fill the pending vacancy before the effective date if the Board provides that the successor shall not take office until the effective date. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. B. A Director on leave shall be considered an inactive member of the Joint Powers Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. C. Any Director may be removed for just cause, including excess unexcused absences, by an affirmative vote of the remaining Directors within the specific Director group (i.e., Fire Chiefs or Elected Officials). At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. D. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider a Director's removal has been given to each Director and to the Director affected at least thirty (30) days in advance of the meeting. A successive Director may then be elected to fill the vacancy thus created. Any Director whose removal will be proposed shall be given at least thirty (30) days notice of the intent to take such action and an opportunity to be heard at this meeting. 4 Exhibit A Section 6. Vacancies. If a Member's representative is removed or resigns, the City/Township he/she represents must nominate another qualifying representative to serve on ACFPC's Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. Section 7. Compensation. No compensation shall be paid to Directors of ACFPC for their services, time, and efforts. Directors, however, may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. Section 8. Open Meetings and Government Data. Pursuant to Minn. Stat. Chapters 13 and 13D, all meetings, including executive sessions, must be open to the public when required or permitted by law to transact public business in a meeting, and records of those meetings must be recorded and made available to the public upon reasonable request. The minutes of meetings shall record all votes taken at the meeting, including the vote of each Board Member on appropriations of money, except for payments of judgments and amounts fixed by statute. Government data must also be made available to the public upon reasonable request. The Board may close a meeting only under circumstances allowed or required by the Minnesota Open Meeting Law. Section 9. Public Comment at Meetings. A minimum of fifteen (15) minutes shall be reserved at each Board of Director meeting for comments and requests for business to be brought before the Board by employees, volunteers, and/or interested community members. The Chair of the Board may reasonably limit individual speaking times. Section 10. Annual Meetings. An annual meeting shall take place in the month of January, the specific date, time, and location of which will be designated by the Chair of the Board. If the Chair fails to select a place for the annual meeting, it shall be held at ACFPC's registered office. The annual meeting shall be held for the purpose of electing the Officers of ACFPC, as well as the consideration of any other business that may be properly brought before the Board. This shall include, but not be limited to, Board reports regarding ACFPC activities and financial position; authorization of the annual information return for submission; approval of policy/procedures, Joint Powers Agreement and/or Bylaws changes; and input toward the direction of the ACFPC for the coming year. Section 11. Regular Meetings. Regular meetings of the Joint Powers Board may be held at such time and place as shall be determined from time to time by a majority of the Directors. If the Board fails to select a place for a regular Board meeting, it shall be held at ACFPC's registered office. The agenda shall be: • Call to Order • Roll Call 5 Exhibit A • Reading and Approval of Minutes of the preceding meeting • Approval of Agenda of current meeting • Reports of Officers • Reports of Committees • Old and Unfinished Business • New Business • Adjournment Section 12. Special Meetings. The Secretary of ACFPC shall call a special meeting upon the written request of any Director. If the Board fails to select a place for the special Board meeting, it shall be held at ACFPC's registered office. Section 13. Notice. Written notice, including the date, time, and place of the meeting, shall be provided to each Director at least five (5) calendar days in advance of any meeting. Notice shall not be provided more than sixty (60) calendar days in advance of any meeting. This notice shall be given personally, by mail, e-mail, telephone, or facsimile. The attendance at, or participation of a Director in, any meeting requiring written notice shall constitute a waiver of notice of such meeting, except where the Director attends or participates for the express purpose of objecting to the transaction of business because the meeting was not lawfully called or convened. Section 14. Quorum. At all meetings, fifty-one percent (51 %) or greater of active Directors shall constitute a quorum for the transaction of all authorized business. If fifty-one percent (51 %) or greater of active Directors are not present, no voting can occur; only an informal meeting may commence. Section 15. Voting. During Board meetings, votes shall be weighted pursuant to the cost - share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. Section 16. Proxies. Voting by proxy shall NOT be permitted. Section 17. Meeting Procedures. Robert's Rules of Order shall be the authority for all questions regarding Board meeting procedures. Section 18. Meeting Decorum. ACFPC shall follow best and lawful practices for conducting business at Board meetings. The Joint Powers Board shall exemplify, communicate, and enforce the expectation that meetings be conducted in an orderly and respectful manner. The Joint Powers Board reserves the right to excuse any Director, Officer, member, guest, member of the media, or audience participant exhibiting conduct that is disrespectful or disruptive to meeting proceedings. Per Robert's Rules of Order Newly Revised, the Chair has the sole responsibility to require order in a meeting. To that end, the Chair has the authority to call a 6 Exhibit A Director, Officer, or member to order, and exclude non-members. If necessary to maintain an orderly meeting, the Chair has the authority to remove a participant from the meeting. Section 19. Written Action. Any action required or permitted to be taken at a Board of Director's meeting may be taken by written action signed, or consented to by authenticated electronic communication, by the number of Directors that would be required to take the same action at a meeting of the Board at which all Directors were present. Article VI — Officers Section 1. Designation. Principal Officers of ACFPC shall be: Chair, Vice Chair, Treasurer, and Secretary. At the discretion of the Joint Powers Board, other Officers may be elected with duties that the Board shall prescribe. Section 2. Election of Officers. Officers shall also be Directors of ACFPC as well as fire service professionals, and must be elected at the annual meeting. Officers are elected by the Joint Powers Board. Unless sooner removed by the Board, Officers shall serve for a term of two (2) years, or until their successors are elected. A vacancy in any office may be filled by a majority vote of the Joint Powers Board for the unexpired portion of the term. The Joint Powers Board shall also have the authority to appoint such temporary acting Officers as may be necessary during the temporary absence or disability of the regular Officers. Section 3. Terms. All Officers shall serve a two (2) -year term. An Officer may serve an unlimited number of terms. Section 4. Resignation. An Officer may resign by giving written notice to ACFPC. The resignation is effective without acceptance when the notice is given to the Board, unless a later effective date is named in the notice. Section 5. Removal. Any Officer may be removed from his/her position for just cause by an affirmative vote of either the Fire Chief Directors or the Elected Official Directors. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider an Officer's removal has been given to each Member and to the Officer affected at least thirty (30) days in advance of the meeting. Section 6. Compensation. Officers of ACFPC may, but need not, receive reasonable compensation for their services, time, and efforts. The amount and frequency of payments shall be reasonable, determined from time to time by the Joint Powers Board in accordance with the Conflicts of Interest Policy, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. In addition, Officers may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. 7 Exhibit A Section 7. Chair. • The Chair shall be the principal Officer of ACFPC. • Subject to the direction and control of the Board, the Chair shall have general active management of the business of ACFPC. When present, the Chair shall preside at meetings of the Board and of Committees. • The Chair shall see that the orders and resolutions of the Board are carried into effect, and, along with one other Officer of ACFPC, shall sign and deliver in the name of ACFPC deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of ACFPC, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Joint Powers Agreement or by the Board to another Officer or the Executive Director(s). • The Chair may appoint all committees, standing and temporary. The Chair shall be a voting ex -officio member of all committees. • The Chair shall certify the proceedings of the Board, and shall cast the deciding vote when the Joint Powers Board is equally divided. • In general, the Chair shall discharge all duties incident to the Office of Chair and prescribed by the Board, and shall have such powers as may be reasonably construed as belonging to the Chief Executive of any organization. Section 8. Vice Chair. • The Vice Chair shall act in the absence or disability of the Chair. • The Vice Chair shall assist the Chair as requested. • The Vice Chair shall compile and maintain a book of policies and procedures in collaboration with the organization's legal counsel. • The Vice Chair shall perform other duties as prescribed by the Board or by the Chair. Section 9. Secretary. • The Secretary shall keep, or cause to be kept, all non-financial business records and paraphernalia of ACFPC. The Secretary shall be responsible for maintaining all books, correspondence, committee minutes, Membership lists, paraphernalia, and papers relating to the business of ACFPC, except those of the Treasurer. The records and paraphernalia shall be maintained at ACFPC's registered office. • The Secretary shall keep, or cause to be kept, true and accurate minutes of all meetings of the Joint Powers Board and of the Executive Committee. Said minutes shall be kept within the Anoka County Records Management System and a timely copy of all such minutes shall be provided to each ACFPC Member. • The Secretary shall give, or cause to be given, all notices of Joint Powers Board meetings and other notices required by law or these Bylaws. 8 Exhibit A • The Secretary shall file any document required by any statute, federal or state, in collaboration with the organization's legal counsel. • The Secretary shall maintain the office and purchase office supplies. • The Secretary shall perform other duties as prescribed by the Board or by the Chair. Section 10. Treasurer. • The Treasurer shall have care and custody of monies belonging to ACFPC and shall be responsible for such monies or securities of the organization. The Treasurer shall be responsible to keep accurate financial records for ACFPC. • The Treasurer shall be keep, or cause to be kept, all financial records belonging to ACFPC. The records shall be maintained at ACFPC's registered office. • The Treasurer shall deposit (or cause to deposit) money, drafts, and checks in the name of and to the credit of ACFPC in the banks and depositories designated by the Board; endorse for deposit notes, checks, and drafts received by the ACFPC as ordered by the Board; make proper vouchers for deposit; and disburse (or cause to disburse) ACFPC's funds and issue checks and drafts in the name of ACFPC, as ordered by the Board. • With the assistance of appropriate professionals: The Treasurer shall prepare a proposed annual budget as well as present the budget and a report of the financial condition of the ACFPC to the Joint Powers Board at the annual meeting, and will, from time to time, make such other financial reports to the Joint Powers Board as it may require. The Treasurer shall also prepare (or cause to prepare) the annual tax filing (if appropriate), annual audit (if appropriate), and other annual financial reports. • The Treasurer shall serve as the Finance Committee Chair. • The Treasurer shall perform other duties as prescribed by the Board or by the Chair. Section 11. Any Officer of ACFPC, in addition to the duties and powers conferred upon him or her by these Bylaws, shall have such additional duties and powers as may be prescribed from time to time by the Joint Powers Board. Articles VII — Committees Section 1. Authority. The Joint Powers Board may act by and through such committees as may be specified in resolutions adopted by a majority of the Joint Powers Board. Each committee shall have such duties and responsibilities as are granted to it from time to time by the Joint Powers Board, and shall at all times be subject to the control and direction of the Joint Powers Board. Committee members, other than the Committee Chair, need not be Directors. Examples of committees that may be formed by the Board are: 9 Exhibit A • Standard Operating Procedures Committees: o Radio/Dispatch o Background Checks o Technical Rescue Tactics o Fire Investigations o General SOP • Fire Intervention/Community Education Program • Firefighter Excellence • Technological Advancements • Legal and Governance Committee Section 2. Executive Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish an Executive Committee to consist of at least the Officers. The Chair of the Board will be the Chair of the Executive Committee. The designation of the Executive Committee and the delegation of authority granted to it shall not operate to relieve the Joint Powers Board of any responsibility imposed upon it, as it is subject to the direction and control of the full Board. However, the Executive Committee shall have all the powers and authority of the Joint Powers Board in the intervals between meetings of the Joint Powers Board, except for the power to amend the Joint Powers Agreement and Bylaws. Section 3. Finance Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish a Finance Committee. The Treasurer is the Chair of the Finance Committee, which includes three other Directors. The Finance Committee is responsible for developing and reviewing the fiscal procedures, funding plans, and the annual budget with staff and other Directors. The Board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the Joint Powers Board. Annual reports are required to be submitted to the Board showing actual income, pending income, actual expenditures, and pending expenditures. The financial records of the organization shall be made available to the Directors, Officers, and the public. Section 4. Meetings. Meetings of the individual committees may be held at such time and place as may be determined by a majority of the committee, by the Board Chair, or by the Joint Powers Board. Notice of meetings shall be given to the committee's members at least five (5) business days and no more than sixty business (60) days notice in advance of the meeting unless all members agree to a shorter notification. A majority of the committee's membership shall constitute a quorum. 10 Exhibit A Article VIII — Executive Director(s), Employees, & Independent Contractors Section 1. Designation. The Joint Powers Board may select and employ an Executive Director. The Executive Director may also serve as a Director and/or Officer if permitted by the Joint Powers Board; however, strict adherence to the Conflicts of Interest policy shall be necessary, the Executive Director shall only be compensated in his or her capacity as an employee, and the Executive Director shall not also serve as the Treasurer of ACFPC. Section 2. Duties. The Executive Director shall be responsible for providing professional advice and assistance to the Joint Powers Board; administer the work delegated to the staff; hire and release staff members; coordinate with the Treasurer in paying bills and creating deposits; and have such other powers to perform other duties as may be assigned by the Joint Powers Board. Section 3. Other Staff. At the discretion of the Joint Powers Board, the Executive Director may hire and discharge other employed staff as may be reasonable and necessary to support the organization. The employed staff shall report directly to and be accountable to the Executive Director or his or her designee. Section 4. Compensation. ACFPC may pay compensation to the Executive Director, employees, and other independent contractors for services rendered. The amount and frequency of payments shall be reasonable, determined from time to time by the Board, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. Section 5. Checks, Drafts, Petty Cash Fund. The Executive Director may be authorized to provide one of the signatures on checks, drafts, or other orders of payment for ACFPC. He or she may also be authorized to administer a Petty Cash Fund, the size of which will be designated by the Joint Powers Board. Article IX — Volunteers Section 1. Designation. The Joint Powers Board shall establish policies and procedures to recruit, train, and utilize volunteers in the operation of its activities and fulfillment of its purpose and mission. Section 2. Insurance Coverage for Volunteers. ACFPC may maintain a special accident policy to cover those individuals serving the organization in a volunteer capacity. 11 Exhibit A Article X — Management, Finances, & Miscellaneous Provisions Section 1. Calendar Year. The accounting year of ACFPC shall be the calendar year. The accounting year shall begin on the first day of January of each year and end on the last day of December of each year. Section 2. Books and Accounts. ACFPC shall maintain a savings and checking account at a reputable bank under the name "Anoka County Fire Protection Council." The Chair and Treasurer are authorized to act as signatories on all ACFPC bank accounts. In the event the Chairmanship is vacant or the Chair is incapacitated in some manner, the Vice Chair is authorized to temporarily act as a signatory in the Chair's place. In the event the Treasurer's position is vacant or the Treasurer is incapacitated in some manner, the Secretary is authorized to temporarily act as a signatory in the Treasurer's place. ACFPC's books and accounts (or an exact copy thereof) shall be kept at the registered office. Section 3. Budget. An operating budget for ACFPC will be adopted one (1) year in advance of the effective date of budget. Example: The proposed 2016 budget will be discussed at the regular October 2014 ACFPC meeting and adopted at the January meeting of 2015. The Board must approve the budget and all expenditures must be within budget. Any major change in ACFPC's budget must be approved by the Joint Powers Board. Section 4. Financial Responsibility of Members. Each participating Member shall pay an annual fee as well as its percentage share of ACFPC's annual expenses. A. Annual Fee: 1. The Joint Powers Board shall determine the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with the Board. 2. The period of time covered by the annual fee is from January 1 to December 31 of each year. i. At the regular October ACFPC meeting, a Notice of Dues will be distributed to each Member. The notice will include: Annual Dues and that Member's share of the ACFPC budget, based on the cost sharing model. ii. It shall be the responsibility of each ACFPC Member to remain in "good standing" by timely paying of their Notice of Dues and share of the ACFPC budget. A Member shall be in "good standing" when their annual fee and 12 Exhibit A share of the ACFPC budget has been fully paid to ACFPC by December 1st. A participating Member whose annual fee and share of the ACFPC budget has not been fully paid to ACFPC by December 1st shall not be in "good standing," and said Member shall forfeit their voting rights on all business items at ACFPC meetings until such time as its annual fee and share of the ACFPC budget has been fully paid. B. Percentage Share of ACFPC Expenses: A Member's percentage share of the annual expenses of the ACFPC shall be equal to the Member Index divided by the Aggregate Index as defined in the Joint Powers Agreement. Member percentage shares will be displayed on a cost -share model compiled annually based on available data. Section 5. Legal Instruments. All contracts, agreements, and other legal instruments executed by ACFPC shall be issued in the name of ACFPC, not the individual name of a Director or Officer. Legal instruments shall be signed by no less than two (2) Officers of ACFPC — the Chair (if able), and one other Officer. While Directors and Officers have authority to sign official documents on behalf of ACFPC, they may do so ONLY after proper consideration and approval by the Joint Powers Board. In the absence of approval by the Joint Powers Board, the individual Director or Officer is personally liable on the legal instrument. Section 6. Loans. No loans shall be contracted on behalf of ACFPC nor shall evidences of indebtedness be issued in its name unless specifically authorized by resolution of the Joint Powers Board. Such authority shall be confined to specific instances. Section 7. Examination by Directors, Members & Public. Every Director, Officer, Member of ACFPC, and the Public shall have a right to examine, in person or by agent or attorney, at any reasonable time, and at the registered office, all books and records of ACFPC and make extracts or copies therefrom. Section 8. Periodic Reviews. To ensure ACFPC operates in a manner consistent with its public purposes, files all required paperwork, and does not engage in activities that could jeopardize its image and status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects: A. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining; B. Whether partnerships, joint ventures, and arrangements with management organizations conform to ACFPC's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further the Joint Powers Agreement's 13 Exhibit A purposes and do not result in impermissible private benefit or kickbacks; C. Whether ACFPC is properly filing paperwork with government entities. In addition to organizational compliance documents, ACFPC shall file all required employer reports to agencies such as the Minnesota Unemployment Insurance Fund, the Minnesota Dept. of Revenue, the Minnesota Attorney General's Office, the Minnesota Secretary of State, the Social Security Administration, and provide employee tax documents by the required deadlines. Section 9. Publication and Media. A. WEBSITE: ACFPC's official website shall be maintained monthly or as often as deemed necessary by the Joint Powers Board. The webmaster shall coordinate with the Joint Powers Board with regard to website content. ACFPC will be responsible for paying all costs associated with the domain name, hosting, SEO, and other related expenses related to maintaining ACFPC's official URL. B. NEWSPAPERS AND PRESS: ACFPC shall always portray the organization and its Directors, Officers, members, employees, independent contractors, and other agents in the most positive nature possible. When internal and/or external crises arise, public relations matters may require rapid advice from an attorney or PR professional. Section 10. Affiliations. ACFPC may maintain professional affiliations that benefit and strengthen the organization in its capacity to fulfill its mission. Section 11. procedures: Policies and Procedures. The Joint Powers Board shall establish policies and • To codify decisions made by the Board at regular meetings in one central location; • Regarding internal financial controls; • Regarding gifts and grants to other individuals/organizations; • Regarding employees and volunteers; • Regarding Emergency Response SOP; and • Regarding other topics that may become reasonable and necessary. Section 12. Amending the Joint Powers Agreement and Bylaws. ACFPC shall have the power to amend the Joint Powers Agreement and these Bylaws. Pursuant to the Joint Powers Agreement, amendments to the Joint Powers Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. Amending these Bylaws requires the same process. 14 Exhibit A Certification These Bylaws were approved by all Members as a part of the adoption of the Joint Powers Agreement Secretary Date 15 EXHIBIT B - 2015 COST -SHARE MODEL 21 EXHIBIT C - EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED PRIOR TO THE EFFECTIVE DATE Purchase Category Description Date Cost FIP JFS Display cases FIP Projector for JFS FIP luggage cart for FIP 07/18/2000 $ 30.89 FIP File boxes for FIP 03/26/2001 $ 26.23 FIT Investigation Team equipment 09/08/2004 $ 2,500.00 Label Printer 11/04/2004 $ 2,153.31 FIT Investigations Trailer 06/15/2005 $ 3,041.18 FIT Investigations Trailer signs 07/19/2005 $ 290.00 FIT Investigation Team equipment 03/01/2006 $ 1,980.96 FIT Investigation Team equipment 03/06/2006 $ 1,203.24 FIT Investigation Team equipment 04/27/2006 $ 373.43 FIT Investigation Team equipment 06/01/2006 $ 663.24 FIT Investigation Team equipment 07/24/2006 $ 439.55 FIT Investigation Team equipment 07/24/2006 $ 47.20 FIT Investigation Team equipment 07/24/2006 $ 203.09 FIT Investigation Team equipment 01/29/2007 $ 150.00 22 CISD peer counseling laptop 05/16/2007 $ 1,592.18 FIT Scanner for Fit 02/14/2008 $ 262.85 FIT File Cabinet for FIT 02/21/2008 $ 215.24 FIT Flash & Camera Bag FIT 08/07/2008 $ 379.47 FIT Hard Hats FIT 09/16/2008 $ 91.44 FIT Small Tools FIT 11/13/2008 $ 37.07 FIT Folding Chairs FIT 11/13/2008 $ 96.09 FIP FIP file cabinet 06/16/2009 $ 168.12 FIT FIT Items 07/13/2009 $ 92.66 FIT FIT Items 07/13/2009 $ 90.07 FIT Half Mask & Filters 07/27/2009 $ 256.30 FIT FIT Tools 12/22/2009 $ 156.67 FIT ACFIT Camera 06/14/2010 $ 965.44 FIT Half Mask 11/04/2010 $ 330.00 FIP FIP computer software 10/24/2011 $ 1,437.19 FIT FIT - Flash Drive 02/06/2012 $ 32.12 23 EXHIBIT D - EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED AFTER THE EFFECTIVE DATE 24 CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 8, 2014 TOPIC: Approval of Resolution 14-154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement VOTE REQUIRED: 3/5 INTRODUCTION With the integration of fire operations into the Public Safety Department, all mutual aid agreements must be amended to list the City of Lino Lakes Public Safety Department — Fire Division. BACKGROUND The City of Lino Lakes has long a history of participating in fire mutual aid agreements through its membership in the Centennial Fire District. In order to participate in the Anoka County Fire Mutual Aid Agreement, the City of Lino Lakes must update the agreement to reflect the integration of fire operations into the Public Safety Department. RECOMMENDATION Staff recommends approval of Resolution 14-154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement. ATTACHMENTS Resolution 14-154 Anoka County Fire Mutual Aid Agreement CITY OF LINO LAKES RESOLUTION NO. 14-154 AUTHORIZING THE CITY OF LINO LAKES TO ENTER INTO A NEW MUTUAL AID AGREEMENT FOR THE USE OF FIRE PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: That the Lino Lakes Public Safety Department is authorized to enter into a new Mutual Aid agreement with other Anoka County fire organizations and the cities in Anoka County. Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk MUTUAL AID AGREEMENT FOR THE USE OF FIRE DEPARTMENT PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY THIS AGREEMENT is made and entered into this day of , 2014, by and between the municipalities that have adopted a resolution as provided for in Section IX herein and have become signatories to this agreement or counterparts to this agreement. WHEREAS, the municipalities that have entered into this agreement desire to make available to each other its respective fire service equipment and personnel to assist other parties to this agreement when it has been determined that a municipality does not have sufficient personnel and/or equipment to control or extinguish a fire or to deal with an emergency situation. THEREFORE, it is mutually stipulated and agreed to as follows: I. PARTIES TO AGREEMENT Any municipality within Anoka County with a fire department or that contracts with a private fire department is eligible to be a party to this agreement by adopting a resolution as provided for in Section IX herein and becoming a signatory to this agreement. A municipality or private fire department that becomes a party to this agreement is hereinafter referred to as municipality or collectively municipalities. II. PURPOSE Subject to the terms and conditions contained herein, the municipalities have agreed to provide mutual aid to each other in cases where the designated official has determined that the municipality has insufficient personnel and/or equipment to control or extinguish a fire or fires or to deal with an emergency situation. III. DESIGNATED OFFICIAL Pursuant to Minn. Stat. 12.27, subd. 3, the undersigned municipality hereby designates its fire chief, or designee of the fire chief, as the officer who may dispatch equipment and personnel as considered necessary to deal with fire, hazard, casualty or other similar occurrence outside the municipality and by its suddenness would be impractical for the governing body itself to authorize the dispatch. IV. METHOD a. If in the judgment of the designated official the municipality has insufficient fire personnel and/or equipment to deal with a fire, hazard, casualty or other similar occurrence, an emergency shall exist for the purpose of this agreement, and the designated official may call upon the fire department of any party to this agreement for assistance. b. Upon receipt of a call for assistance, the responding designated officer shall promptly dispatch at least one fire service apparatus with the usual number of personnel to assist with the emergency or to render stand-by service as the case may be; provided however, that no municipality shall be obligated to send its fire service equipment or personnel beyond its boundaries if, in the judgment of the municipality's designated officer, to do so would leave the municipality without sufficient fire service equipment or personnel available within its limits for service of any fire which might subsequently arise. In extreme emergencies, the municipalities agree to make every effort to redistribute fire service equipment and personnel so that it may be available for any additional needs which might arise during the emergency. c. The personnel and any fire or service equipment dispatched in response to the emergency shall upon arrival at the scene be under command of the officer in charge at the scene within whose boundaries the emergency is situated. V. INSURANCE Each of the municipalities that are a party to this agreement shall maintain insurance policies covering their own equipment and personnel while engaged in furnishing services under this agreement. VI. PERSONNEL All personnel responding to an emergency under this agreement shall for all purposes remain and be considered employees of the municipality where they serve and shall not be considered employees of the municipality requesting emergency service. VII. LIABILITY No municipality, nor any officer or employee of such municipality, shall be liable to any other municipality or to any other person on account of the failure of the municipality to furnish its fire service equipment or personnel in response to an emergency. No liability shall be incurred by a municipality that has summoned assistance under this agreement for damage to, or destruction of fire service equipment of a municipality rendering such assistance unless such damage or destruction was caused by the negligent or malicious conduct of an officer or employee of the municipality that called for the emergency assistance. The receiving municipality may, but is not required to, reimburse the responding municipality for equipment and supplies used and compensation paid to personnel furnished during the time when the rendition of assistance prevents them from performing their duties in the responding municipality, and for the actual travel and maintenance expenses of the personnel while so engaged. A claim for loss, damage or expense in using equipment or supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless, within 90 days after the loss, damage or expense is sustained or incurred, an itemized notice of it, verified by the designated official, is filed with the designated official of the receiving municipality. VIII. TERM This agreement shall commence upon the approval and execution of the agreement by two or more municipalities as provided herein. Any municipality may withdraw from this agreement by giving thirty days' written notice thereof to the other municipalities that are then a party to this agreement. This agreement shall continue until such time as there is only one municipality remaining to the agreement, or upon mutual agreement of all municipalities then being a party to this agreement. 2 IX. APPROVAL AND EXECUTION To become a party to this agreement a municipality shall adopt a resolution authorizing the municipality to respond to emergencies outside its limits, and have its governing body approve this agreement and the appropriate authorized officials from the municipality execute the agreement. X. ENTIRE AGREEMENT REQUIREMENT OF WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this agreement shall be valid only when they have been reduced to writing and duly signed by the parties. XI. COUNTERPARTS This agreement may be executed in counterparts by any municipality desiring to be obligated by the terms and conditions contained herein. IN WITNESS WHEREOF, the municipality has executed this agreement and set their hands on the date(s) written below: CITY OF Lino Lakes CITY OF Lino Lakes By: By: Its: _Mayor Its: _City Adimistrator Dated: Dated: CITY OF Lino Lakes CITY OF By: By: Its: _Public Safety Director / Fire Chief Its: Dated: Dated: -3 CITY COUNCIL AGENDA ITEM 4C STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 8, 2014 TOPIC: Approval of Resolution 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement VOTE REQUIRED: 3/5 INTRODUCTION The Anoka County Fire Protection Council (ACFPC) is made up of fire organizations from Anoka County. The ACFPC has operated under bylaws but with no formal Joint Powers Agreement (JPA). The ACFPC must now have a JPA between member cities in order to become a legal entity with the ability to enter into legal contracts. BACKGROUND The ability of the ACFPC to become a legal entity and enter into contracts is necessary for the implementation of the Anoka County Public Safety Data System. As part of the Anoka County Public Safety Data System, the ACFPA must enter into contract with the vendor, FDM, for the fire records management system. The City of Lino Lakes has been represented by the Centennial Fire District prior to the execution of this JPA. By entering into the JPA, the City of Lino Lakes would have full membership in the ACFPC. RECOMMENDATION Staff recommends Council approval of Resolution 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement. ATTACHMENTS Resolution 14-155 CITY OF LINO LAKES RESOLUTION NO. 14-155 AUTHORIZING THE CITY OF LINO LAKES TO PARTICIPATE IN THE ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: That the Lino Lakes Public Safety Department is authorized to participate in the Anoka County Fire Protection Council Joint Powers Agreement. Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014, by and between the following governmental entities: the Cities of Anoka, Champlin, Andover, Bethel, Centerville, Lino Lakes, Circle Pines, Coon Rapids, Columbia Heights, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Nowthen, Oak Grove, Ramsey, St. Francis, Spring Lake Park, Blaine, Mounds View, and the Township of Linwood; (hereinafter "Members"). WHEREAS, the Members have determined that it is mutually beneficial for them to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, Anoka County Fire Protection Council (hereinafter "ACFPC") will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency - related essentials; and WHEREAS, the Members have previously participated in mutual aid agreements that were successful in encouraging cooperation among the group, but said mutual aid agreements did not provide sufficient legal authority for the group to meet upcoming needs and desires; and WHEREAS, the creation of a joint powers agreement will meet the legal needs for the Members to accomplish the goals as set forth herein, including interaction with the Anoka County Joint Law Enforcement Council and other private and public entities; and WHEREAS, each of the Members have considered the alternatives, and agree that creation of this Agreement is in the Member's best interest; and WHEREAS, the Members enter into this Agreement pursuant to the authority set forth in Minn. Stat. § 471.59; NOW THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive from this Agreement, and other good and valuable consideration, the Members agree as follows: 1 ARTICLE I Definitions In the interpretation of this Agreement and the Bylaws, the following definitions shall have the meanings given to them. (1) "Aggregate Index" or "AI" means a. The total number of Calls for Service experienced by all Members in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for all Members, divided by 1,000,000, plus c. Population for all Members, divided by 100. (2) "Agreement" shall mean this Joint Powers Agreement between and among the Members as defined herein. (3) "Anoka County Fire Protection Council" or "ACFPC" is the name of the cooperative joint powers entity created by this Agreement. (4) "Assessed Market Value" or "AMV" means the statistic established and maintained by the County Assessor for all of the real property in a given municipality. (5) "Call for Service" means the dispatching of any fire department or emergency personnel in response to an incident. (6) "Director" means an individual who is also a member of the ACFPC Joint Powers Board (i.e., a Fire Chief or an Elected Official) who, with the other ACFPC Directors acting through the process of voting, has the responsibility for determining and implementing the business and affairs of ACFPC. (7) (8) "Joint Powers Board" means the collective group of Directors that is legally responsible for governing the cooperative joint powers entity created by this Agreement. ACFPC's Joint Powers Board is composed of (2) joint decision-making bodies: A.) Fire Chief Directors, who are responsible for the day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions;" and B.) Elected Official Directors, who are responsible for "Major Financial Decisions" of ACFPC. Together, the Joint Powers Board shall jointly exercise the powers and duties as stated in this Agreement as they deem is in the best interests of ACFPC. "Major Financial Decisions" means an expenditure totaling fifty thousand dollars ($50,000) or more, and shall require prior approval by the elected officials' decision- making body. 2 (9) "Member(s)" shall mean the following government entities: City of Andover City of Anoka City of Bethel City of Blaine City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood (10) "Member Index" or "MI" means a. The total number of Calls for Service experienced by the Member in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for the Member, divided by 1,000,000, plus c. Population for the Member, divided by 100. (11) "Officer" means an individual who is also an ACFPC Director and a fire service professional, who is further entrusted with specific responsibilities and authority within ACFPC to perform the duties and functions of Chairman, Vice Chairman, Treasurer, and/or Secretary as set forth in the Bylaws. (12) "Population" means the most recent population estimate for a given municipality as developed by the Twin Cities Area Metropolitan Council. 3 ARTICLE II Purpose The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency -related essentials. ARTICLE III Effective Date & Term The effective date of this Agreement shall be , 2014, notwithstanding the dates of the signatures of the parties, and shall continue in full force and effect unless and until the Members agree to its termination, as set forth herein. ARTICLE IV Powers & Duties The Joint Powers Entity created by this Agreement shall have all the powers and duties assigned by law, including the following: (1) Powers: a. The Members hereby delegate to ACFPC all authority necessary and reasonable to accomplish the purposes of this Agreement, including, but not limited to, the ability to obtain grant monies, finance, develop, design, construct, equip, own, staff, and operate any Member -approved programs in accordance with the terms of this Agreement. b. ACFPC may take and hold, by bequest, devise, gift, grant, purchase, lease or otherwise, any property, real, personal or mixed or any undivided interest therein, without limitation to amount or value; to convey, sell, or otherwise dispose of such property; and to invest, reinvest, and deal with the same in such a manner as in the judgment of the Members, will best promote the purposes of ACFPC. c. ACFPC may employ such staff as is necessary to carry out the purpose of this 4 Agreement, subject to the financial limitations imposed by law and this agreement. d. ACFPC may contract with individuals and/or other legal entities (corporations, LLCs, partnerships, etc.) to best promote the purposes of the Agreement. e. ACFPC may issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of this Agreement. f. In addition to the powers specified above, ACFPC shall have all powers that may be necessary to enable it to perform and carry out its duties and responsibilities under this Agreement. (2) Service to the community shall be unrestricted based on considerations of disability, national origin, race, color, creed, gender, age, religion, marital status, sexual orientation, and status with regard to public assistance. (3) Duties: a. ACFPC shall operate in accordance with Minnesota open meetings laws and government data practices pursuant to Minn. Stat. Chapters 13 and 13D. b. ACFPC shall operate in accordance with Minnesota joint powers board laws pursuant to Minn. Stat. § 471.59. c. ACFPC shall operate in accordance with all other relevant laws, rules, and internal documents, including its Bylaws. In the event ACFPC's Bylaws conflict with this Agreement, this Agreement shall control. ARTICLE V Composition & Operations 5.1 Composition. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision-making bodies: (1) Fire Chief Directors — For day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions": a. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. b. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy-five percent 5 (75%) of the cumulative weight of all the Members is required for passage of all items. c. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. (2) Elected Official Directors — For "Major Financial Decisions" of ACFPC: a. Each City/Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. b. One (1) vote per City/Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy- five percent (75%) of the cumulative weight of all the Members is required for passage of all items. c. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. 5.2 Operations. ACFPC shall have operating and governance procedures as set forth in its Bylaws. ARTICLE VI Member Expense Allocations & Fees 6.1 Calculation. A Member's percentage share of the annual expenses of the ACFPC will be equal to the Member Index divided by the Aggregate Index. 6.2 Cost -share Model. For the calendar year beginning in the year 2015, the Member percentages shall be based on data from calendar year 2013, as displayed on the cost -share model attached as Exhibit B. Exhibit B will also serve as an example of the computation methodology. The data for subsequent calendar years shall be assembled by the ACFPC's Executive Committee for use in annually updating Member expense allocations. 6.3 Annual Fee. Each Member shall pay an annual fee as well as pay its percentage share of ACFPC's annual expenses. The Joint Powers Board shall determine the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with ACFPC. 6 ARTICLE VII Withdrawal and Termination 7.1 Withdrawal. A Member may withdraw from ACFPC effective January 1 of any year, subsequent to the Effective Date, by providing a minimum of one (1) year's written notice to the Chair of ACFPC. In the event of withdrawal by any Member, this Agreement shall remain in full force and effect as to all remaining Members and the cost -share model attached as Exhibit B shall be amended. 7.2 Termination of the Agreement. This Agreement shall terminate upon the occurrence of any one of the following events: (1) When any Member withdraws pursuant to this Article, so that in the judgment of the remaining Members, as evidenced by a vote of both the Fire Chief Directors and the Elected Official Directors, it becomes impractical or impossible to continue. (2) When necessitated by operation of law, or as a result of a decision by a court of competent jurisdiction; (3) When the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors, to terminate the Agreement; 7.3 Expulsion of a Member. If a Member fails to perform any material obligation as required by this Agreement, the Bylaws, or applicable law, then ACFPC may, upon sixty (60) days' written notice and continued nonperformance, expel such non-performing Member. 7.4 Effect of Termination or Withdrawal. Termination, withdrawal, or expulsion shall not discharge any liability incurred by any of the Members prior to the date of termination, withdrawal, or expulsion. Termination, withdrawal, or expulsion of a Member shall not act to discharge any liability incurred or chargeable to said Member prior to the date of said Member's termination, withdrawal, or expulsion. Liability shall continue until appropriately discharged by law or mutual agreement. If a Member withdraws or is expelled, its contributions of real property, personal property, and/or liquid assets shall be forfeited to ACFPC for its continued use. 7.5 Distribution of Assets upon Termination. Upon termination of this Agreement, any and all real and personal assets shall be sold, and, after payment of all liabilities, surplus monies returned to the Members in proportion to their contributions, to be used for public purposes. 7 ARTICLE VIII Amendment This Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. ARTICLE IX Liability and Insurance 9.1 Insurance. ACFPC is a separate and distinct public entity. As such, ACFPC shall purchase and maintain adequate insurance to protect the entity and its participant Members against risk of loss for the following, which includes, but is not limited to: (1) Damage to any ACFPC property, personal and/or real, as well as any improvements located thereon against claims that may arise during the construction, operation, use, or maintenance of any ACFPC property; (2) Against claims which may arise from the regular activities of ACFPC as contemplated by the purposes of this Agreement; (3) Against unemployment and workers compensation, if ACFPC hires employees; (4) Against claims which may arise based on the good -faith actions of the Joint Powers Board and its Officers; (5) Against any other risk of loss that, in the judgment of the Members, will best promote the purposes of ACFPC. 9.2 Liability. Each Member shall be responsible for its own acts and those of its elected officials, employees, agents, independent contractors and the results thereof, and shall not be responsible for the acts of any other Member, its elected officials, employees, agents, or independent contractors and the results thereof, except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including insurance premiums as well as reasonable attorney and other professional fees), judgments and costs paid or incurred by ACFPC (which arise out of its performance or failure to perform its duties under this Agreement), to the extent not covered by insurance proceeds or a self-insurance risk pool, shall be included in the annual operating budget for the next calendar year. Amounts included in the 8 annual operating budget under this section shall be pro -rated so that the total costs passed through to the Members do not exceed ten percent (10%) of the annual operating budget. 9.3 Indemnification. ACFPC shall defend and indemnify its own officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. Moreover, ACFPC shall defend and indemnify its participating Members and their officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. All requests for indemnification by ACFPC shall be presented to the Joint Powers Board, and the Members shall determine whether the request should be granted or denied based on all of the relevant facts and circumstances as well as what best will promote the purposes of ACFPC. Nothing contained herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. Nothing contained herein shall be deemed a waiver by any Member of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against any Member shall be subject the maximum liability limits provided in Minnesota Statutes, Section 466.04. To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Members that they shall be deemed a "single governmental unit" for purposes of liability as set forth in Minnesota Statutes, Section 471.59, Subd. la(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Members are not liable for the acts or omissions of another Member except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other Members. Any excess or uninsured liability shall be borne equally by all Members, but this does not include the liability of any individual officer, employee, or volunteer, which arises from his or her own malfeasance, willful neglect of duty, or bad faith. ARTICLE X Property A list of equipment and/or personal property as set forth in Exhibit C is currently owned by ACFPC. Any equipment and/or personal property contributed by a Member after the Effective Date shall be set forth in a separate writing and shall be attached hereto as Exhibit D. 9 Upon termination of this Agreement, ACFPC shall follow the distribution provision in Article 6.5 of this Agreement. ARTICLE XI General Provisions 11.1 Entire Agreement. This Agreement contains the entire agreement of the Members and shall supersede all oral and written agreements as well as negotiations by the Members relating to the subject matter of this Agreement. 11.2 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such provision shall be void and shall not affect the remaining portions of this Agreement. 11.3 Notice. All notices and communications required pursuant to this Agreement shall be either hand delivered or mailed by U.S. Mail, to the following addresses: City of Andover City of Anoka City of Bethel City of Blaine Fire Chief 1685 Crosstown Blvd NW Andover, Minnesota 55304 763-755-9825 Fire Chief 2015 First Avenue North Anoka, Minnesota 55303 763-576-2860 Fire Chief 165 Main Street NW Bethel, Minnesota 55005 763-434-4366 Fire Chief 10801 Town Square Drive NE, Blaine, Minnesota 55449 763-786-4436 10 City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop Fire Chief 2085 West Cedar Street Centerville, MN 55038 651-792-7901 Fire Chief 11955 Champlin Drive Champlin, Minnesota 55316 763-576-2860 Fire Chief 200 Civic Heights Circle Circle Pines, MN 55014 651-792-7901 Fire Chief 590 -40th Avenue NE Columbia Heights, Minnesota 55421 763-706-8152 Fire Chief 11155 Robinson Drive NW Coon Rapids, Minnesota 763-767-6471 Fire Chief 2241 -221st Avenue NE East Bethel, Minnesota 55011 763-367-7886 Fire Chief 6431 University Avenue NE Fridley, Minnesota 55432 763-572-3610 Fire Chief 15544 Central Avenue NE Ham Lake, Minnesota 55304 763-434-9555 Fire Chief 4555 Jackson Street NE Minneapolis, MN 55421 763-706-8152 City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood Fire Chief 9180 Lexington Avenue NE Lexington, Minnesota 55014 763-784-2792 Fire Chief 600 Town Center Parkway Lino Lakes, MN 55014 651-792-7901 Fire Chief 2401 Highway 10 Mounds View, MN 55112 763-786-4436 Fire Chief 8188 199th Ave NW Nowthen, MN 55330 763-433-9886 Fire Chief 19900 Nightingale Street NW Oak Grove, MN 55011 763-404-7000 Fire Chief 7550 Sunwood Drive NW Ramsey, Minnesota 55303 763-433-9886 Fire Chief 1301 81st Avenue NE Spring Lake Park, Minnesota 55432 763-786-4436 Fire Chief 23340 Cree Street NW St. Francis, Minnesota 55070 763-441-4452 Fire Chief 22817 Typo Creek Drive NE Stacy, Minnesota 55079 651-462-0502 The addressees listed in this section shall be the registered address of the Members for purposes of sending and receiving notices and communications required pursuant to this Agreement. Any Member may change its registered address and/or authorized representative by written notice delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed complete two (2) business days after the date of mailing. 11.4 Members Form a Governing Joint Powers Board. For the purposes of the Agreement, the Members shall collectively form a Joint Powers Board, which shall govern the entity. The Members shall not be deemed to be independent contractors nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any and all agents, servants, employees, or independent contractors of a Member remains an employee or independent contractor of the Member, and shall not be considered an employee or independent contractor of any other Member for any purpose. This paragraph shall not prohibit an employee or independent contractor of any Member from contracting with ACFPC to provide services outside their normal engagements. 11.5 Damages. In the event of a Member's failure to perform obligations under this Agreement, that Member shall be liable to the other parties for any and all damages reasonably sustained by the other Member as a result of such failure. ACFPC shall attempt to first mediate all internal disputes and Members are strongly encouraged to engage in binding arbitration instead of litigation. 11.6 Remedies Cumulative. All remedies provided for herein or otherwise available at law or equity shall be cumulative. The election of one remedy shall not bar other remedies available to the Member. 11.7 Waiver of Default. The waiver of any default by any Member, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. The making or acceptance of a payment by any Member with knowledge of the existence of a default shall not operate or be construed to operate as a waiver of any subsequent default. 11.8 Subcontracts, Assignment. A Member may not subcontract, assign, or otherwise transfer its rights or obligations under this Agreement to any other entity — public or private. 11.9 Successors. Each Member binds itself and its successors, legal representatives, and assigns to the other Members and to the partners, successors, legal representatives, and assigns of such other Members, in respect to all rights and obligations under this Agreement. 13 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. CITY OF ANOKA CITY OF CHAMPLIN By: By: Phil Rice, Mayor Dated: ATTEST: Dated: ArMand Nelson, Mayor ATTEST: By: By: Tim Cruikshank, City Manager Bret Heitkamp, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF ANDOVER CITY OF BETHEL By: By: Mike Gamache, Mayor Todd Miller, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Jim Dickinson, City Administrator Ginger Berg, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner, City Attorney William Goodrich, City Attorney Dated: Dated: 14 CITY OF BLAINE CITY OF COLUMBIA HEIGHTS By: By: Tom Ryan, Mayor Gary Peterson, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Clark Arneson, City Manager Walt Fehst, City Manager Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Patrick Sweeney, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF CENTERVILLE CITY OF CIRCLE PINES By: By: Thomas Wilharber, Mayor David Bartholomay, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Dallas Larson, City Administrator James Keinath, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Kurt Glaser, City Attorney Kim Kozar, City Attorney Dated: Dated: 15 CITY OF COON RAPIDS CITY OF EAST BETHEL By: By: Tim Howe, Mayor Richard Lawrence, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Steve Gatlin, City Manager Jack Davis, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: David Brodie, City Attorney Mark Vierling, City Attorney Dated: Dated: CITY OF FRIDLEY CITY OF HAM LAKE By: By: Scott Lund, Mayor Mike Van Kirk, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Wally Wysopal, City Manager Doris Nivala, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution By: By: Darcy Erickson, City Attorney Wilbur Dorn, City Attorney Dated: Dated: 16 CITY OF HILLTOP CITY OF LEXINGTON By: By: Jerry Murphy, Mayor Michael Pitchford, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Ruth J. Nelson, City Clerk Bill Petracek, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Carl J. Newquist, City Attorney Kurt Glaser, City Attorney Dated: Dated: CITY OF LINO LAKES TOWNSHIP OF LINWOOD By: By: Jeff Reinert, Mayor Phillip Osterhus, Chair, Board of Supervisors Dated: Dated: ATTEST: ATTEST: By: By: Jeff Karlson, City Administrator Dated: Approved as to Form and Execution: Judy Hanna, Town Clerk Dated: Approved as to Form and Execution: By: By: Joseph Langel, City Attorney Michael Haag, City Attorney Dated: Dated: 17 CITY OF MOUNDS VIEW CITY OF NOWTHEN By: By: Joe Flaherty, Mayor William Schulz, Mayor Dated: Dated: ATTEST: ATTEST: By: By: James Ericson, City Administrator Corrie LaDoucer, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Robert Vose, City Attorney Robert Ruppe, City Attorney Dated: Dated: CITY OF OAK GROVE CITY OF RAMSEY By: By: Mark Korin, Mayor Sarah Strommen, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Rick Juba, City Administrator Kurt Ulrich, City Administrator Approved as to Form and Execution: Approved as to Form and Execution: By: By: Robert Vose, City Attorney Joseph Langel, City Attorney 18 CITY OF SPRING LAKE PARK CITY OF ST. FRANCIS By: By: Cindy Hansen, Mayor Jerry Tveit, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Daniel Buchholtz, City Administrator Matthew Hylen, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution By: By: Jeffrey Carson, City Attorney Scott Lepak, City Attorney Dated: Dated: 19 EXHIBIT A - BYLAWS 20 Exhibit A Bylaws of Anoka County Fire Protection Council Article I — Name Section 1. Name. The name of the joint powers entity shall be Anoka County Fire Protection Council (hereinafter "ACFPC"). Article II — Location Section 1. Registered Office. The registered office of ACFPC is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. The corporate records shall be stored at ACFPC's registered office. Section 2. Mailing Address. ACFPC's mailing address is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. Section 3. Other Offices. ACFPC may maintain other offices and places of business as the Board may from time to time designate or the business of the ACFPC may require. Article III — Purpose Section 1. Purpose. The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency -related essentials. Section 2. Mission. ACFPC shall strive to: A. Improve safety conditions for ACFPC Members' firefighters; B. Promote fire safety through education, inspections, investigations, and general protection of its Members' citizens; C. Exchange ideas among ACFPC Members in areas related to all aspects of fire and emergency services; D. Enhance overall communications between and among ACFPC Members; 1 Exhibit A E. Strive to provide to the Members' communities the best overall fire and emergency services that can be jointly made available; F. Serve in an advisory capacity to the Members on matters related to fire and emergency services; G. Serve as an appropriate representative of firefighting and emergency services within Anoka County; H. Coordinate efforts for the mutual exchange of equipment and services among ACFPC Members; I. Provide appropriate training through the Anoka County Training Academy for ACFPC Members' firefighters; J. Participate in the creation and on-going management of the Records Management and Computer Aided Dispatch Systems for ACFPC Members; K. Establish and maintain cooperative relationships with Joint Law Enforcement Council and other government agencies; and L. Enter into contracts, agreements, and transactions for the benefit of all ACFPC Members. Article IV — Membership Section 1. Membership. Membership shall consist of the participating Members of the Joint Powers Agreement, as defined in said Agreement. Article V — Joint Powers Board Section 1. Number and Qualifications. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision-making bodies: A. Fire Chief Directors — For day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions": 1. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. 2. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. 3. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming 2 Exhibit A B. Elected Official Directors — For "Major Financial Decisions" of ACFPC: 1. Each City/Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. 2. One (1) vote per City/Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy- five percent (75%) of the cumulative weight of all the Members is required for passage of all items. 3. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. Section 2. Governing Powers. Pursuant to the Joint Powers Agreement and Minn. Stat. § 471.59, the Joint Powers Board shall have all the duties and powers necessary and appropriate for the overall direction of ACFPC, including but not limited to: A. To perform any and all duties imposed upon them collectively or individually by law, by the Joint Powers Agreement, the Bylaws, and/or the Policies & Procedures; B. To appoint and remove, employ and discharge, and, except otherwise provided in these Bylaws, prescribe the duties and fix compensation, if any, of all Officers, agents, employees, independent contractors, and/or committees of ACFPC; to prescribe powers and duties for them; and to fix their compensation; C. To manage and oversee the affairs and activities of ACFPC, and to make policies and procedures; D. To enter into contracts, leases, and other agreements which are, in the judgment of the Joint Powers Board, necessary or desirable in obtaining the purposes of promoting the interests of ACFPC; E. To acquire real or personal property, by purchase, exchange, lease, gift, devise, bequest, or otherwise, and to hold, improve, lease, sublease, mortgage, transfer in trust, encumber, convey, or otherwise dispose of such property; F. To borrow money, incur debt, and to execute and deliver promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities; G. To indemnify and maintain insurance on behalf of any of ACFPC, its Directors, Officers, agents, employees, or independent contractors, for liability asserted against the entity or incurred by such person in such capacity or arising out of such person's status as such, subject to the provisions of Minn. Stat. § 471.59 or other law/equity; and 3 Exhibit A H. To follow these Bylaws, including meeting regularly. The Joint Powers Board may engage in such acts that are in the best interests of ACFPC and that are not in violation of Minnesota Statutes or Federal law. No Director shall have any right, title, or interest in or to any property of ACFPC. Section 3. Terms. Because both decision-making bodies composing the Joint Powers Board serve ex officio, there are no terms. Section 4. Election Procedures. Because both decision-making bodies composing the Joint Powers Board serve ex officio, there are no election procedures. Section 5. Resignation, Termination, Leaves, and Absences. A. A Director may resign or request a leave of absence at any time by giving written notice to the Secretary of ACFPC. The resignation or request for leave of absence is effective immediately without acceptance, unless a later effective time is specified in the notice. If a resignation is effective at a later date, the Board may fill the pending vacancy before the effective date if the Board provides that the successor shall not take office until the effective date. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. B. A Director on leave shall be considered an inactive member of the Joint Powers Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. C. Any Director may be removed for just cause, including excess unexcused absences, by an affirmative vote of the remaining Directors within the specific Director group (i.e., Fire Chiefs or Elected Officials). At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. D. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider a Director's removal has been given to each Director and to the Director affected at least thirty (30) days in advance of the meeting. A successive Director may then be elected to fill the vacancy thus created. Any Director whose removal will be proposed shall be given at least thirty (30) days notice of the intent to take such action and an opportunity to be heard at this meeting. 4 Exhibit A Section 6. Vacancies. If a Member's representative is removed or resigns, the City/Township he/she represents must nominate another qualifying representative to serve on ACFPC's Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. Section 7. Compensation. No compensation shall be paid to Directors of ACFPC for their services, time, and efforts. Directors, however, may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. Section 8. Open Meetings and Government Data. Pursuant to Minn. Stat. Chapters 13 and 13D, all meetings, including executive sessions, must be open to the public when required or permitted by law to transact public business in a meeting, and records of those meetings must be recorded and made available to the public upon reasonable request. The minutes of meetings shall record all votes taken at the meeting, including the vote of each Board Member on appropriations of money, except for payments of judgments and amounts fixed by statute. Government data must also be made available to the public upon reasonable request. The Board may close a meeting only under circumstances allowed or required by the Minnesota Open Meeting Law. Section 9. Public Comment at Meetings. A minimum of fifteen (15) minutes shall be reserved at each Board of Director meeting for comments and requests for business to be brought before the Board by employees, volunteers, and/or interested community members. The Chair of the Board may reasonably limit individual speaking times. Section 10. Annual Meetings. An annual meeting shall take place in the month of January, the specific date, time, and location of which will be designated by the Chair of the Board. If the Chair fails to select a place for the annual meeting, it shall be held at ACFPC's registered office. The annual meeting shall be held for the purpose of electing the Officers of ACFPC, as well as the consideration of any other business that may be properly brought before the Board. This shall include, but not be limited to, Board reports regarding ACFPC activities and financial position; authorization of the annual information return for submission; approval of policy/procedures, Joint Powers Agreement and/or Bylaws changes; and input toward the direction of the ACFPC for the coming year. Section 11. Regular Meetings. Regular meetings of the Joint Powers Board may be held at such time and place as shall be determined from time to time by a majority of the Directors. If the Board fails to select a place for a regular Board meeting, it shall be held at ACFPC's registered office. The agenda shall be: • Call to Order • Roll Call 5 Exhibit A • Reading and Approval of Minutes of the preceding meeting • Approval of Agenda of current meeting • Reports of Officers • Reports of Committees • Old and Unfinished Business • New Business • Adjournment Section 12. Special Meetings. The Secretary of ACFPC shall call a special meeting upon the written request of any Director. If the Board fails to select a place for the special Board meeting, it shall be held at ACFPC's registered office. Section 13. Notice. Written notice, including the date, time, and place of the meeting, shall be provided to each Director at least five (5) calendar days in advance of any meeting. Notice shall not be provided more than sixty (60) calendar days in advance of any meeting. This notice shall be given personally, by mail, e-mail, telephone, or facsimile. The attendance at, or participation of a Director in, any meeting requiring written notice shall constitute a waiver of notice of such meeting, except where the Director attends or participates for the express purpose of objecting to the transaction of business because the meeting was not lawfully called or convened. Section 14. Quorum. At all meetings, fifty-one percent (51 %) or greater of active Directors shall constitute a quorum for the transaction of all authorized business. If fifty-one percent (51 %) or greater of active Directors are not present, no voting can occur; only an informal meeting may commence. Section 15. Voting. During Board meetings, votes shall be weighted pursuant to the cost - share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. Section 16. Proxies. Voting by proxy shall NOT be permitted. Section 17. Meeting Procedures. Robert's Rules of Order shall be the authority for all questions regarding Board meeting procedures. Section 18. Meeting Decorum. ACFPC shall follow best and lawful practices for conducting business at Board meetings. The Joint Powers Board shall exemplify, communicate, and enforce the expectation that meetings be conducted in an orderly and respectful manner. The Joint Powers Board reserves the right to excuse any Director, Officer, member, guest, member of the media, or audience participant exhibiting conduct that is disrespectful or disruptive to meeting proceedings. Per Robert's Rules of Order Newly Revised, the Chair has the sole responsibility to require order in a meeting. To that end, the Chair has the authority to call a 6 Exhibit A Director, Officer, or member to order, and exclude non-members. If necessary to maintain an orderly meeting, the Chair has the authority to remove a participant from the meeting. Section 19. Written Action. Any action required or permitted to be taken at a Board of Director's meeting may be taken by written action signed, or consented to by authenticated electronic communication, by the number of Directors that would be required to take the same action at a meeting of the Board at which all Directors were present. Article VI — Officers Section 1. Designation. Principal Officers of ACFPC shall be: Chair, Vice Chair, Treasurer, and Secretary. At the discretion of the Joint Powers Board, other Officers may be elected with duties that the Board shall prescribe. Section 2. Election of Officers. Officers shall also be Directors of ACFPC as well as fire service professionals, and must be elected at the annual meeting. Officers are elected by the Joint Powers Board. Unless sooner removed by the Board, Officers shall serve for a term of two (2) years, or until their successors are elected. A vacancy in any office may be filled by a majority vote of the Joint Powers Board for the unexpired portion of the term. The Joint Powers Board shall also have the authority to appoint such temporary acting Officers as may be necessary during the temporary absence or disability of the regular Officers. Section 3. Terms. All Officers shall serve a two (2) -year term. An Officer may serve an unlimited number of terms. Section 4. Resignation. An Officer may resign by giving written notice to ACFPC. The resignation is effective without acceptance when the notice is given to the Board, unless a later effective date is named in the notice. Section 5. Removal. Any Officer may be removed from his/her position for just cause by an affirmative vote of either the Fire Chief Directors or the Elected Official Directors. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider an Officer's removal has been given to each Member and to the Officer affected at least thirty (30) days in advance of the meeting. Section 6. Compensation. Officers of ACFPC may, but need not, receive reasonable compensation for their services, time, and efforts. The amount and frequency of payments shall be reasonable, determined from time to time by the Joint Powers Board in accordance with the Conflicts of Interest Policy, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. In addition, Officers may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. 7 Exhibit A Section 7. Chair. • The Chair shall be the principal Officer of ACFPC. • Subject to the direction and control of the Board, the Chair shall have general active management of the business of ACFPC. When present, the Chair shall preside at meetings of the Board and of Committees. • The Chair shall see that the orders and resolutions of the Board are carried into effect, and, along with one other Officer of ACFPC, shall sign and deliver in the name of ACFPC deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of ACFPC, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Joint Powers Agreement or by the Board to another Officer or the Executive Director(s). • The Chair may appoint all committees, standing and temporary. The Chair shall be a voting ex -officio member of all committees. • The Chair shall certify the proceedings of the Board, and shall cast the deciding vote when the Joint Powers Board is equally divided. • In general, the Chair shall discharge all duties incident to the Office of Chair and prescribed by the Board, and shall have such powers as may be reasonably construed as belonging to the Chief Executive of any organization. Section 8. Vice Chair. • The Vice Chair shall act in the absence or disability of the Chair. • The Vice Chair shall assist the Chair as requested. • The Vice Chair shall compile and maintain a book of policies and procedures in collaboration with the organization's legal counsel. • The Vice Chair shall perform other duties as prescribed by the Board or by the Chair. Section 9. Secretary. • The Secretary shall keep, or cause to be kept, all non-financial business records and paraphernalia of ACFPC. The Secretary shall be responsible for maintaining all books, correspondence, committee minutes, Membership lists, paraphernalia, and papers relating to the business of ACFPC, except those of the Treasurer. The records and paraphernalia shall be maintained at ACFPC's registered office. • The Secretary shall keep, or cause to be kept, true and accurate minutes of all meetings of the Joint Powers Board and of the Executive Committee. Said minutes shall be kept within the Anoka County Records Management System and a timely copy of all such minutes shall be provided to each ACFPC Member. • The Secretary shall give, or cause to be given, all notices of Joint Powers Board meetings and other notices required by law or these Bylaws. 8 Exhibit A • The Secretary shall file any document required by any statute, federal or state, in collaboration with the organization's legal counsel. • The Secretary shall maintain the office and purchase office supplies. • The Secretary shall perform other duties as prescribed by the Board or by the Chair. Section 10. Treasurer. • The Treasurer shall have care and custody of monies belonging to ACFPC and shall be responsible for such monies or securities of the organization. The Treasurer shall be responsible to keep accurate financial records for ACFPC. • The Treasurer shall be keep, or cause to be kept, all financial records belonging to ACFPC. The records shall be maintained at ACFPC's registered office. • The Treasurer shall deposit (or cause to deposit) money, drafts, and checks in the name of and to the credit of ACFPC in the banks and depositories designated by the Board; endorse for deposit notes, checks, and drafts received by the ACFPC as ordered by the Board; make proper vouchers for deposit; and disburse (or cause to disburse) ACFPC's funds and issue checks and drafts in the name of ACFPC, as ordered by the Board. • With the assistance of appropriate professionals: The Treasurer shall prepare a proposed annual budget as well as present the budget and a report of the financial condition of the ACFPC to the Joint Powers Board at the annual meeting, and will, from time to time, make such other financial reports to the Joint Powers Board as it may require. The Treasurer shall also prepare (or cause to prepare) the annual tax filing (if appropriate), annual audit (if appropriate), and other annual financial reports. • The Treasurer shall serve as the Finance Committee Chair. • The Treasurer shall perform other duties as prescribed by the Board or by the Chair. Section 11. Any Officer of ACFPC, in addition to the duties and powers conferred upon him or her by these Bylaws, shall have such additional duties and powers as may be prescribed from time to time by the Joint Powers Board. Articles VII — Committees Section 1. Authority. The Joint Powers Board may act by and through such committees as may be specified in resolutions adopted by a majority of the Joint Powers Board. Each committee shall have such duties and responsibilities as are granted to it from time to time by the Joint Powers Board, and shall at all times be subject to the control and direction of the Joint Powers Board. Committee members, other than the Committee Chair, need not be Directors. Examples of committees that may be formed by the Board are: 9 Exhibit A • Standard Operating Procedures Committees: o Radio/Dispatch o Background Checks o Technical Rescue Tactics o Fire Investigations o General SOP • Fire Intervention/Community Education Program • Firefighter Excellence • Technological Advancements • Legal and Governance Committee Section 2. Executive Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish an Executive Committee to consist of at least the Officers. The Chair of the Board will be the Chair of the Executive Committee. The designation of the Executive Committee and the delegation of authority granted to it shall not operate to relieve the Joint Powers Board of any responsibility imposed upon it, as it is subject to the direction and control of the full Board. However, the Executive Committee shall have all the powers and authority of the Joint Powers Board in the intervals between meetings of the Joint Powers Board, except for the power to amend the Joint Powers Agreement and Bylaws. Section 3. Finance Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish a Finance Committee. The Treasurer is the Chair of the Finance Committee, which includes three other Directors. The Finance Committee is responsible for developing and reviewing the fiscal procedures, funding plans, and the annual budget with staff and other Directors. The Board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the Joint Powers Board. Annual reports are required to be submitted to the Board showing actual income, pending income, actual expenditures, and pending expenditures. The financial records of the organization shall be made available to the Directors, Officers, and the public. Section 4. Meetings. Meetings of the individual committees may be held at such time and place as may be determined by a majority of the committee, by the Board Chair, or by the Joint Powers Board. Notice of meetings shall be given to the committee's members at least five (5) business days and no more than sixty business (60) days notice in advance of the meeting unless all members agree to a shorter notification. A majority of the committee's membership shall constitute a quorum. 10 Exhibit A Article VIII — Executive Director(s), Employees, & Independent Contractors Section 1. Designation. The Joint Powers Board may select and employ an Executive Director. The Executive Director may also serve as a Director and/or Officer if permitted by the Joint Powers Board; however, strict adherence to the Conflicts of Interest policy shall be necessary, the Executive Director shall only be compensated in his or her capacity as an employee, and the Executive Director shall not also serve as the Treasurer of ACFPC. Section 2. Duties. The Executive Director shall be responsible for providing professional advice and assistance to the Joint Powers Board; administer the work delegated to the staff; hire and release staff members; coordinate with the Treasurer in paying bills and creating deposits; and have such other powers to perform other duties as may be assigned by the Joint Powers Board. Section 3. Other Staff. At the discretion of the Joint Powers Board, the Executive Director may hire and discharge other employed staff as may be reasonable and necessary to support the organization. The employed staff shall report directly to and be accountable to the Executive Director or his or her designee. Section 4. Compensation. ACFPC may pay compensation to the Executive Director, employees, and other independent contractors for services rendered. The amount and frequency of payments shall be reasonable, determined from time to time by the Board, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. Section 5. Checks, Drafts, Petty Cash Fund. The Executive Director may be authorized to provide one of the signatures on checks, drafts, or other orders of payment for ACFPC. He or she may also be authorized to administer a Petty Cash Fund, the size of which will be designated by the Joint Powers Board. Article IX — Volunteers Section 1. Designation. The Joint Powers Board shall establish policies and procedures to recruit, train, and utilize volunteers in the operation of its activities and fulfillment of its purpose and mission. Section 2. Insurance Coverage for Volunteers. ACFPC may maintain a special accident policy to cover those individuals serving the organization in a volunteer capacity. 11 Exhibit A Article X — Management, Finances, & Miscellaneous Provisions Section 1. Calendar Year. The accounting year of ACFPC shall be the calendar year. The accounting year shall begin on the first day of January of each year and end on the last day of December of each year. Section 2. Books and Accounts. ACFPC shall maintain a savings and checking account at a reputable bank under the name "Anoka County Fire Protection Council." The Chair and Treasurer are authorized to act as signatories on all ACFPC bank accounts. In the event the Chairmanship is vacant or the Chair is incapacitated in some manner, the Vice Chair is authorized to temporarily act as a signatory in the Chair's place. In the event the Treasurer's position is vacant or the Treasurer is incapacitated in some manner, the Secretary is authorized to temporarily act as a signatory in the Treasurer's place. ACFPC's books and accounts (or an exact copy thereof) shall be kept at the registered office. Section 3. Budget. An operating budget for ACFPC will be adopted one (1) year in advance of the effective date of budget. Example: The proposed 2016 budget will be discussed at the regular October 2014 ACFPC meeting and adopted at the January meeting of 2015. The Board must approve the budget and all expenditures must be within budget. Any major change in ACFPC's budget must be approved by the Joint Powers Board. Section 4. Financial Responsibility of Members. Each participating Member shall pay an annual fee as well as its percentage share of ACFPC's annual expenses. A. Annual Fee: 1. The Joint Powers Board shall determine the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with the Board. 2. The period of time covered by the annual fee is from January 1 to December 31 of each year. i. At the regular October ACFPC meeting, a Notice of Dues will be distributed to each Member. The notice will include: Annual Dues and that Member's share of the ACFPC budget, based on the cost sharing model. ii. It shall be the responsibility of each ACFPC Member to remain in "good standing" by timely paying of their Notice of Dues and share of the ACFPC budget. A Member shall be in "good standing" when their annual fee and 12 Exhibit A share of the ACFPC budget has been fully paid to ACFPC by December 1st. A participating Member whose annual fee and share of the ACFPC budget has not been fully paid to ACFPC by December 1st shall not be in "good standing," and said Member shall forfeit their voting rights on all business items at ACFPC meetings until such time as its annual fee and share of the ACFPC budget has been fully paid. B. Percentage Share of ACFPC Expenses: A Member's percentage share of the annual expenses of the ACFPC shall be equal to the Member Index divided by the Aggregate Index as defined in the Joint Powers Agreement. Member percentage shares will be displayed on a cost -share model compiled annually based on available data. Section 5. Legal Instruments. All contracts, agreements, and other legal instruments executed by ACFPC shall be issued in the name of ACFPC, not the individual name of a Director or Officer. Legal instruments shall be signed by no less than two (2) Officers of ACFPC — the Chair (if able), and one other Officer. While Directors and Officers have authority to sign official documents on behalf of ACFPC, they may do so ONLY after proper consideration and approval by the Joint Powers Board. In the absence of approval by the Joint Powers Board, the individual Director or Officer is personally liable on the legal instrument. Section 6. Loans. No loans shall be contracted on behalf of ACFPC nor shall evidences of indebtedness be issued in its name unless specifically authorized by resolution of the Joint Powers Board. Such authority shall be confined to specific instances. Section 7. Examination by Directors, Members & Public. Every Director, Officer, Member of ACFPC, and the Public shall have a right to examine, in person or by agent or attorney, at any reasonable time, and at the registered office, all books and records of ACFPC and make extracts or copies therefrom. Section 8. Periodic Reviews. To ensure ACFPC operates in a manner consistent with its public purposes, files all required paperwork, and does not engage in activities that could jeopardize its image and status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects: A. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining; B. Whether partnerships, joint ventures, and arrangements with management organizations conform to ACFPC's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further the Joint Powers Agreement's 13 Exhibit A purposes and do not result in impermissible private benefit or kickbacks; C. Whether ACFPC is properly filing paperwork with government entities. In addition to organizational compliance documents, ACFPC shall file all required employer reports to agencies such as the Minnesota Unemployment Insurance Fund, the Minnesota Dept. of Revenue, the Minnesota Attorney General's Office, the Minnesota Secretary of State, the Social Security Administration, and provide employee tax documents by the required deadlines. Section 9. Publication and Media. A. WEBSITE: ACFPC's official website shall be maintained monthly or as often as deemed necessary by the Joint Powers Board. The webmaster shall coordinate with the Joint Powers Board with regard to website content. ACFPC will be responsible for paying all costs associated with the domain name, hosting, SEO, and other related expenses related to maintaining ACFPC's official URL. B. NEWSPAPERS AND PRESS: ACFPC shall always portray the organization and its Directors, Officers, members, employees, independent contractors, and other agents in the most positive nature possible. When internal and/or external crises arise, public relations matters may require rapid advice from an attorney or PR professional. Section 10. Affiliations. ACFPC may maintain professional affiliations that benefit and strengthen the organization in its capacity to fulfill its mission. Section 11. procedures: Policies and Procedures. The Joint Powers Board shall establish policies and • To codify decisions made by the Board at regular meetings in one central location; • Regarding internal financial controls; • Regarding gifts and grants to other individuals/organizations; • Regarding employees and volunteers; • Regarding Emergency Response SOP; and • Regarding other topics that may become reasonable and necessary. Section 12. Amending the Joint Powers Agreement and Bylaws. ACFPC shall have the power to amend the Joint Powers Agreement and these Bylaws. Pursuant to the Joint Powers Agreement, amendments to the Joint Powers Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. Amending these Bylaws requires the same process. 14 Exhibit A Certification These Bylaws were approved by all Members as a part of the adoption of the Joint Powers Agreement Secretary Date 15 EXHIBIT B - 2015 COST -SHARE MODEL 21 EXHIBIT C - EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED PRIOR TO THE EFFECTIVE DATE Purchase Category Description Date Cost FIP JFS Display cases FIP Projector for JFS FIP luggage cart for FIP 07/18/2000 $ 30.89 FIP File boxes for FIP 03/26/2001 $ 26.23 FIT Investigation Team equipment 09/08/2004 $ 2,500.00 Label Printer 11/04/2004 $ 2,153.31 FIT Investigations Trailer 06/15/2005 $ 3,041.18 FIT Investigations Trailer signs 07/19/2005 $ 290.00 FIT Investigation Team equipment 03/01/2006 $ 1,980.96 FIT Investigation Team equipment 03/06/2006 $ 1,203.24 FIT Investigation Team equipment 04/27/2006 $ 373.43 FIT Investigation Team equipment 06/01/2006 $ 663.24 FIT Investigation Team equipment 07/24/2006 $ 439.55 FIT Investigation Team equipment 07/24/2006 $ 47.20 FIT Investigation Team equipment 07/24/2006 $ 203.09 FIT Investigation Team equipment 01/29/2007 $ 150.00 22 CISD peer counseling laptop 05/16/2007 $ 1,592.18 FIT Scanner for Fit 02/14/2008 $ 262.85 FIT File Cabinet for FIT 02/21/2008 $ 215.24 FIT Flash & Camera Bag FIT 08/07/2008 $ 379.47 FIT Hard Hats FIT 09/16/2008 $ 91.44 FIT Small Tools FIT 11/13/2008 $ 37.07 FIT Folding Chairs FIT 11/13/2008 $ 96.09 FIP FIP file cabinet 06/16/2009 $ 168.12 FIT FIT Items 07/13/2009 $ 92.66 FIT FIT Items 07/13/2009 $ 90.07 FIT Half Mask & Filters 07/27/2009 $ 256.30 FIT FIT Tools 12/22/2009 $ 156.67 FIT ACFIT Camera 06/14/2010 $ 965.44 FIT Half Mask 11/04/2010 $ 330.00 FIP FIP computer software 10/24/2011 $ 1,437.19 FIT FIT - Flash Drive 02/06/2012 $ 32.12 23 EXHIBIT D - EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED AFTER THE EFFECTIVE DATE 24 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6A Marty Asleson December 8, 2014 Consider Resolution No. 14-153, Authorizing Memorandum of Understanding for Participation in the Well -Sealing Program of the Anoka County Well Head Protection Program. 3/5 Under Minnesota Rule 4720.1530, the Minnesota Department of Health requires cities to develop and implement a Wellhead Protection Plan to prevent the contamination of groundwater. An Implementation Joint Powers Agreement (JPA) between the City and Anoka County was written and approved on February 14, 2011 to streamline and create uniform plans across the County. BACKGROUND The approved JPA allows cities to use elements of the JPA at their own discretion to implement their plans. Flexibility in the plan allows cities to decide whether or not they wish to participate in any parts of the JPA. The attached Well Sealing Grant Agreement and Memorandum of Understanding would allow the City, as part of the Anoka County Wellhead Protection Group, to obtain match dollars for the cost of sealing private unused wells within the Drinking Water Service Areas of the City. The match is between the Minnesota Department of Health and the residents of Lino lakes that may wish to participate in the program. RECOMMENDATION Staff is recommending approval of Resolution No. 14-153, authorizing execution of a Memorandum of Understanding allowing the City of Lino Lakes to participate in the well - sealing program within the scope of JPA language of the Anoka County Well Head Protection Program. ATTACHMENTS 1. Resolution No. 14-153 2. Wellhead Protection Grant 3. Memorandum of Understanding CITY OF LINO LAKES RESOLUTION NO. 14-153 AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING REGARDING CITY PARTICIPATION IN THE WELL -SEALING PROGRAM OF THE ANOKA COUNTY WELL HEAD PROTECTION PROGRAM WHEREAS, cities are required by the Minnesota Department of Health and Minnesota Rule §4720.5130 to prepare wellhead protection plans for their community water supplies and cities entered into a Wellhead Protection Joint Powers Agreement in 1997 for purposes of developing the required plans; and WHEREAS, cities are required by the Minnesota Department of Health to implement their wellhead protection plans for their community public water supplies and to coordinate their efforts to protect their well water supply for their communities; and WHEREAS, cities can determine that it is in their best interests to implement the common elements of their wellhead protection plans jointly; and WHEREAS, cities desire to coordinate the implementation of the common elements of their wellhead protection plans through efficient and cost effective cooperation among members; and WHEREAS, the City of Lino Lakes has an obligation to protect drinking water source areas within the city and has completed a Wellhead Protection Plan to comply with that obligation; and WHEREAS, the Minnesota Department of Health has made available the Clean Water Legacy Fund grant program to offset some of the costs of wellhead protection and implementation proj ects; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the proper city staff shall be authorized to execute a Memorandum of Understanding with Minnesota Department of Health allowing the City of Lino Lakes to participate in the well - sealing program within the scope of JPA language of the Anoka County Well Head Protection Program. Adopted by the Council of the City of Lino Lakes this 8th day of December, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Municipal Drinking Water Protection ANOKA COUNTY MUNICIPAL WELLHEAD PROTECTION GROUP 2100 THIRD AVENUE, SUITE 600 ANOKA, MINNESOTA 55303-2264 Tel.: (763) 422-7063 Fax: (763) 323-6150 Andover o Anoka o Blaine o Centerville • Circle Pines Fridley o Lexington • Lino Lakes • St. Francis • Spring Lake Park Memorandum of Agreement November 24, 2014 The Minnesota Department of Health (MDH) has notified the City of Blaine and Anoka County Community Development (ACCD) that a Source Water Protection Competitive Grant has been awarded to the members of the Municipal Wellhead Protection Group (Group) that represent the cities of Blaine, Circle Pines, Lexington and Lino Lakes. In Anoka County's capacity to support and facilitate the implementation of wellhead protection plans - ACCD will act as the fiscal agent for this project. The project establishes a well sealing cost -share grant for property owners within the Drinking Water Supply Management Areas (DWSMAs) of Blaine, Circle Pines, Lexington and Lino Lakes. For this project, the maximum grant for each well sealed is $500. Each city is limited to $10,000.00 in grant disbursement. By offering a cost -share grant, the cities will be able to provide incentive for property owners to address and seal unused (abandoned) wells within their DWSMAs to increase the protection the city's source of drinking water. MUNICIPAL WATER SUPPLIER Community water suppliers (each city) will: 1. Solicit applicants for cost -share grants from property owners within their DWSMAs. The City will communicate with property owners. 2. Establish a cost -share grant application. 3. Review applications for approval, establish the location of the unused well and that the applicant meets MDH criteria to qualify for a grant (and 50% match of the Competitive Grant). NOTE: MDH criteria limits grant money to the actual costs of sealing the unused well. For example, the MDH well sealing permit fee ($65) is not eligible for cost -share grant funds — the resident must pay that fee without a grant match. 4. Upon approval of an application, the City will notify Anoka County Community Development to reserve the estimated cost -share amount from the grant balance. NOTE: contact Kate Thunstrom, Community Development Manager by email at kate.thunstrom@co.anoka.mn.us 5. After Anoka County Community Development has confirmed that they have reserved funds for an applicant, the City will notify the property owner of approval (or disapproval) of their cost -share grant application. 6. Obtain a paid itemized invoice and MDH Well Sealing Record from the property owner. Page 1 7. Submit a copy of the property owner's application for a grant, paid itemized invoice and MDH Well Sealing Record to Anoka County Community Development to request disbursement of grant funds to the City, who will pay the property owner. ANOKA COUNTY In its capacity as facilitator to the Wellhead Protection Group (Group), the County will: 1. Act as the fiscal agent to the Group accepting the MDH grant. 2. Maintain a current journal of grant fund balance and dedicated funds for reimbursement of City approved cost -share grants. 3. Receive City notices that they intend to approve a well sealing cost -share grant application. 4. Notify the applicant City that sufficient grant funds are available for each application, holding that estimated amount for the City. 5. Notify the Cities when the grant funds have been exhausted. 6. Accept and retain copies of City records of grant applications, paid invoices and MDH Well Sealing Records. 7. Distribute grant funds to Cities in accordance with State Auditor standards. At the conclusion of the grant project (on or before April 30, 2016) the public water suppliers (cities) will complete and submit the Grant Narrative Report to the Minnesota Department of Health. This Memorandum of Agreement is executed by: Name Representing Date Page 2 MDH DEPARTttEHTDf HEALTH Standard Grant Template Version 1.4, 6/14 Grant Agreement Number 8,6,,e6 6 Between the Minnesota Department of Health and City of Blaine If you circulate this grant agreement internally, only offices that require access to the tax identification number AND all individuals/offices signing this grant agreement should have access to this document. Minnesota Department of Health Grant Agreement This grant agreement is between the State of Minnesota, acting through its Commissioner of the Department of Health ("State") and City of Blaine ("Grantee"). Grantee's address is 10801 Town Square Drive, Blaine, MN 55449. The City of Circle Pines, City of Lexington and City of Lino Lakes ("Co -Beneficiaries") have conferred powers of attorney for the purpose of the signature of this grant agreement to the authorized representative of the City of Blaine.. Recitals 1. Under Minnesota Statutes 144.0742 and §114D.50 Clean Water Fund, the State is empowered to enter into this grant agreement. 2. The State is in need of assisting public water suppliers to protect the source of drinking water. 3. The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to the satisfaction of the State. Pursuant to Minnesota Statutes section 16B.98, subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Terns of Agreement 1.1 Effective date December 15, 2014, or the date the State obtains all required signatures under Minnesota Statutes section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 1.2 Expiration date April 30, 2016, or until all obligations have been fulfilled to the satisfaction of the State, whichever occurs first. 1.3 Survival of Terins The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 12. Intellectual Property; 14.1 Publicity; 14.2 Endorsement; and 16. Governing Law, Jurisdiction, and Venue, 2. Grantee's Duties The Grantee, who is not a state employee, shall: - Complete to the satisfaction of the State all of the following duties: - Implement a cost -share program to seal unused wells within the cities' DWSMA. Maximum amount to be spent per City is $10,000. - The Grantee and Co -Beneficiaries shall use the Clean Water Land and Legacy Amendment logo on all materials that are purchased or produced under this Grant Agreement (equipment, reports, publications, Page 1 of 8 MDH Standard Grant Template Version 1.4, 6/I4, Grant Agreement Number 9;1' Between the Minnesota Department of Health and City of Blaine displays, videos). An electronic copy of the logo will be made available to the Grantee and Co - Beneficiaries. Failure to display the logo may render the Grantee and Co -Beneficiaries ineligible for reimbursement. - If the project involves well(s) sealing, it is the Grantee's and Co -Beneficiaries' responsibility to notify MDH Well Management section about the well sealing during normal business hours Monday to Friday, between 8 am and 4:30 pm. - The Grantee and Co -Beneficiaries shall pay in full any licensed contractor hired for the purpose of completing any work under this Grant Agreement within 10 days of receiving payment from the State. - On or before the end date of this Agreement, the Grantee shall provide the State with one electronic copy of all final products produced under this Grant Agreement, including reports, publications, software and videos. The Co -Beneficiaries shall provide to the Grantee all the data needed to draw up the reports, financial statements and other documents. - The Grantee shall submit an itemized invoice for the total cost of the project. - Exhibits A, and B are attached and incorporated into this grant agreement. Upon completion of the project Grantee shall submit a Grant Narrative Report (Exhibit A) and a Grant Invoice (Exhibit B) that shall describe activities undertaken and accomplished by Cities of Blaine, Circle Pines, Lexington and Lino Lakes. The Grant Narrative Report and the Grant Invoice shall be due no later than the expiration day of this Grant Agreement. - If required by the nature of the project, data collected during the project shall be reported in a format acceptable to the State. - In the event the Grantee or Co -Beneficiaries are unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, including but not limited to paying the contractor in full for all work performed by the contractor, the Grantee shall remit to the State within five days of demand all amounts paid to the Grantee pursuant to this Grant Agreement minus any actual expenses incurred and specifically authorized, in advance, by the State and which are documented by adequate invoices acceptable to the State. - Grantee or Co -Beneficiary who has not satisfactorily fulfilled the grant obligations will be denied participation in the next grant cycle. - Cities of Blaine, Circle Pines, Lexington and Lino Lakes shall provide an equal cost share (of eligible funds in cash) for each grant work item. In-kind contributions are not accepted. - Cities of Blaine, Circle Pines, Lexington and Lino Lakes agree upon appropriate arrangements between themselves for the proper performance of the project.. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence, and failure to meet a deadline may be a basis for a determination by the State's Authorized Representative that the Grantee has not complied with the terms of the grant. Page 2 of 8 MDH Standard Grant Template Versi n 1.4, N14, Grant Agreement Number E,� Between the Minnesota Department of Health and City of Blaine The Grantee is required to perform all of the duties recited above within the grant period. The State is not obligated to extend the grant period. 4. Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this grant agreement as follows: (a) Compensation. The Grantee will be paid according to the following breakdown of costs: Activity Grant Amount Cost Share Sealing unused wells in the Cities of Blaine, Circle Pines, $30,000 $30,000 Lexington and Lino Lakes DWSMAs Total $30,000 $30,000 TOTAL $60,000 (b) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this agreement will not exceed $30,000 (thirty thousand dollars). The following costs are not eligible and will be deducted from the final invoice, before reimbursement: - permitting fees payable to MDH (i.e. well sealing fee) - indirect or administrative costs related to the grant (c) Travel Expenses The Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget ("MMB"), The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state (r1) Budget Modifications. Modifications greater than 10 percent of any budget line item in the most recently approved budget (listed in 4.1(a) and 4.1(b)) requires prior written approval from the State and must be indicated on submitted reports. Failure to obtain prior written approval for modifications greater than 10 percent of any budget line item may result in denial of modification request and/or loss of funds. Modifications equal to or less than 10 percent of any budget line item are permitted without prior approval from the State provided that such modification is indicated on submitted reports and that the total obligation of the State for all compensation and reimbursements to the Grantee shall not exceed the total obligation listed in 4.1(b). 4.2 Terms of Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: upon completion of the services. Page 3 of 8 ra I n e tis\o A Standard Grant Template Version 1.4, 6/14 Jf) JJj [ Grant Agreement Number ?/2 qy DEP ARTME IIT m /EAITH Between the Minnesota Department of Health and City of Blaine The State does not pay merely for the passage of time. All the grant documentation (Grant Narrative Report, Grant Invoice, itemized invoice(s), electronic copies) must be submitted in one packet by either email or mail. The Grantee shall use the following mailing address: Attn: Cristina Covalschi Source Water Protection Minnesota Department of Health PO Box 64975, St. Paul, MN 55164-0975 If the final invoice is not received by the State before the end date of this Grant Agreement, the Grantee may forfeit the final payment. (b) Matching Requirements Grantee certifies that the following matching requirement, for the grant will be met by Grantee: - Grantee will submit an invoice for the total cost of the project. - By submitting an invoice for the total cost of the project Grantee and Co -Beneficiaries certify that the cost share requirement of $30,000 (thirty thousand dollars) has been met. - If the total cost of the project ends up being less than $60,000 (sixty thousand dollars) the Grantee and Co -Beneficiaries agree to contribute a minimum cost share of 50% of the total cost of the proj ect. 5. Conditions of Payment All services provided by Grantee pursuant to this agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. Requirements of receiving grant funds may include, but are not limited to: financial reconciliations of payments to Grantees, site visits of the Grantee, programmatic monitoring of work performed by the Grantee and program evaluation. The Grantee will not be paid for work that the State deems unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. 6. Authorized Representatives 6.1 State's Authorized Representative The State's Authorized Representative for purposes of administering this agreement is Cristina Covalschi, SWP Grants Coordinator, address: 625 Robert Street N, PO Box 64975, Saint Paul, MN 55164-0975, phone: 651-201-4696, email address: Cristina.Covalschi@State.mn.us, or her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is Jim Hafner, Wellhead Protection Manager, address: 10801 Town Square Drive, Blaine, MN 55449, phone: 763-785-6188, or his successor. The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, and requirements of this Page 4 of 8 MDH DEPARTMENror NEAETN Standard Grant Template Version 1.4, 6/11 Grant Agreement Number ir`j, Between the Minnesota Department of Health and City of Blaine agreement. If the Grantee selects a new Authorized Representative at any time during this agreement, the Grantee must immediately notify the State in writing, via e-mail or letter. 7. Assignment, Amendments, Waiver, and Merger 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State. 7.2 Amendments If there are any amendments to this agreement, they must be in writing. Amendments will not be effective until they have been executed and approved by the State and Grantee. 7.3 Waiver If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State's right to enforce it. 7.4 Merger This agreement contains all the negotiations and agreements between the State and the Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify and hold harmless the State, its agents, and employees from all claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreement. Nothing in this clause may be construed as a waiver by the Grantee of any immunities or limitations of liability to which Grantee may be entitled pursuant to Minnesota Statutes Chapter 466, or any other statute or law. 9. State Audits Under Minnesota Statutes section 16B.98, subdivision 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee, or any other relevant party or transaction, are subject to examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices and Data Disclosure 10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13.05, Subd. 11(a), the Grantee and the State must comply with the Minnesota Government Data Practices Act 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 Grantee under this agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before any data is released. The Grantee's response to the request must comply with the applicable law. 10.2 Data Disclosure Pursuant to Minnesota Statutes section 270C.65, subdivision 3, and all other applicable laws, the Grantee consents to disclosure of its social security number, federal employee tax identification number, and Minnesota tax identification number, all of which have already been provided Page 5 of 8 Standard Grant Template Version 1.4, 6/14., Grant Agreement Number dir,// ,2gef Between the Minnesota Department of Health and City of Blaine to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 11. Ownership of Equipment The State shall have the right to require transfer of all equipment purchased with grant funds (including title) to the State or to an eligible non -State party named by the State. This right will normally be exercised by the State only if the project or program for which the equipment was acquired is transferred from one grantee to another. 12. Ownership of Materials and Intellectual Property Rights 12.1 Ownership of Materials The State shall own all rights, title and interest in all of the materials conceived or created by the Grantee, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under this grant agreement by the Grantee, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by the Grantee. Its employees and any subgrantees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of the Grantee's obligations under this grant agreement without the prior written consent of the State's Authorized Representative. 12.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or parts of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. 13. Workers' Compensation The Grantee certifies that it is in compliance with Minnesota Statutes section 176.181, subdivision 2, which pertains to workers' compensation insurance coverage. The Grantee's employees and agents, and any contractor hired by the Grantee to perform the work required by this Grant Agreement and its employees, will not be considered State employees. Any claims that may arise under the Minnesota Page 6 of 8 m i 11-1.1-1-3 ° t A Standard Grant Template Version} 114, 6/140 l(i Grant Agreement Number /,C',2 g!3 DLPARttdLttroi HtaLIH Between the Minnesota Department of Health and City of Blaine Workers' Compensation Act on behalf of these employees, and any claims made by any third party as a consequence of any act or omission on the part of these employees, are in no way the State's obligation or responsibility. 14. Publicity and Endorsement 19.1 Publicity Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually or jointly with others, or any subgrantees shall identify the State as the sponsoring agency and shall not be released without prior written approval by the State's Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. 14.2 Endorsement The Grantee must not claim that the State endorses its products or services. 15. Termination 15.1 Termination by the State or Grantee The State or Grantee may cancel this grant agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 15.2 Termination for Cause If the Grantee fails to comply with the provisions of this grant agreement, the State may terminate this grant agreement without prejudice to the right of the State to recover any money previously paid. The termination shall be effective five business days after the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last known address. 15.3 Termination for Insufficient Funding The State may immediately terminate this agreement if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this agreement. Termination must be by written or facsimile notice to the Grantee. The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee 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 this agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of the same. 16. Governing Law, Jurisdiction, and Venue This grant agreement, and amendments and supplements to it, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or for breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed. Education includes providing facts, assessment of data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. Page 7 of 8 d I lI Il E S O T A ID DEPARTIAENTor HEALTH Standard Grant Template Versi T]..d, 6�/�14 Grant Agreement Number Xi'/ . 9T? Between the Minnesota Department of Health and City of Blaine IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: I. Grantee 2. State Agency The Grantee certifies that the appropriate persons(s) have executed the Grant Agreement approval and cert f cation !hat Slate funds have been grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn. Stat. §§16A.15 and 16C.05. articles, bylaws, resolutions, or ordinances, By: By: Title: Title: Date: Date: By: Title: Date: Distribution: Agency — Original (Ally executed) Grant Agreement Grantee Slate Authorized Representative (with delegated authority) Page 8of8 MINNESOTA M1FI DEPARTMENT°, HEALTH Division of Environmental Health Section of Drinking Water Protection P.O. Box 64975 St. Paul, Minnesota 55164-0975 651/201-4700 GRANT NARRATIVE REPORT TEMPLATE Exhibit A System Name: PWSID: Address: Contact Person Name: Phone: Email: Describe the issue Why did you apply for finding? Was there a problem? Where/When did it take place? Describe in detail the work that was performed Describe the results of this project; How did this work benefit your system? How was drinking water and public health protected? Would this work have happened in the absence of the grant program? ❑ Yes ❑ No Assistance received — How did Minnesota Department of Health (IvfDH) or Minnesota Rural Water Association (MR WA) help? (i.e. MDH/MR WA consulted, recommended, analyzed, educated, advised, provided, etc.) How can the grant program be improved? Pictures available? ❑ Yes ❑No Publication, software, videos available? ❑Yes ❑No DISCLAIMER I declare that the data on this document Is correct Authorized Grantee Signature Date FOR MINNESOTA DEPARTMENT OF HEALTH USE ONLY How much money was spent completing this work (total to include cost share) Estimate the number of people served by the PWS Division of Environmental Health Section of Drinking Water Protection P.O. Box 64975 St. Paul, Minnesota 55164-0975 651/201-4700 Source Water Protection Com etitive Grants Inv Exhibit B p GRANTEE INFORMATION PWSID: System: $ Address: $ Program Contact Person: Phone: Fax: E-mail: $ $ 1 INVOICE INFORMATION Is this the final invoice? ❑ Yes lii No WORK ITEMS AND EXPENDITURE DESCRIPTION Expenditure Cost Share use an additional page if necessary $ $ $ $ $ $ $ $ $ $ $ $ Total Deduct amount of cost share Net Invoice Amount to be Paid $ $ DISCLAIMER AND SIGNATURE 1 declare that no part of this claim has been previously billed to MDH, and that the Total Expenditures reflect only charges related to the source water protection project. I also declare that the data on this document Is correct and all transactions that support this claim were made In accordance with all applicable Federal and State statutes and regulations, Authorized Grantee Signature Date FOR MINNESOTA DEPARTMENT OF HEALTH USE ONLY Grant Manager Signature Date PO: Approved by: Period of Service: Date sent to F.S: