Loading...
HomeMy WebLinkAbout# 18 - Burn Agreement STAFF REPORT DATE: September 19, 2017 CONSENT ITEM #: TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Approval of “Training Burn Building Use Agreement” for 8139 38th St. No., Lake Elmo REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The property owner, Gregory Miller contacted the Lake Elmo Fire Department regarding the potential to use the structures located at 8139 38th St. No., Lake Elmo, MN 55042 for the purposes of training. Mr. Miller was in the process of closing on the property at the time and expressed his desire to have all the buildings demolished in order for him to rebuild in 2019. Chief Malmquist and Training Officer Assistant Chief Mike Cornell did an on-site inspection of the property and determined that the structures could provide some valuable training oportunities. Chief Malmquist had follow up communications with the property owner to advise on the procedures and responsibilites of the property owner, some of which Mr. Miller has alrady accomplished. A copy of our Burn Agreement was sent to the City Attorney fro review and updating. Chief Malmquist also contacted Building Official Mike Bent regarding the property and was advised that the clearing of this property was very desirable as it had been on his list of problem properties. ISSUE BEFORE COUNCIL: Approve the Training Burn Building Use Agreement between Gregory Miller, The City of Lake Elmo and the Lake Emo Fire Department for the property located at 8139 38th St. No. Lake Elmo, MN 55042. PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council approve the agreement to allow the fire department to conduct very valuable training. While we do utlize the East Metro Public Safety Training Facility on a regular basis, it is very recreate fires in an actual house and structures. These opportunites do not present themselves very often and we would like to take full advantage of this. It will allow us to not only do live fire evolutions, but prior to that we do simulations for rescues and use of tolls, etc.\ This will also allow us to do some training with surrounding agencies, which potentially could provide some higher level training with no additional cost to the department. This opportunity is also rather uniques because of the lengthy timeline the property ownr has offered us. Our intention is to train on the structures from now and throughout the winter and do the final burn training next spring. FISCAL IMPACT: Possible minor training costs associated with training scheduled out side of our normal time (perhaps a drill on a Saturday). As we’ve done in the past, we would ask the City to waive any permit fees associated with the demolition of the strucutres in return for the training benefit. OPTIONS: 1) Approval of “Training Burn Building Use Agreement” for 8139 38th St. No., Lake Elmo 2) Do not make job ofer to the four applicants. 2) Do not approve the “Training Burn Building Use Agreement” for 8139 38th St. No., Lake Elmo RECOMMENDATION: If removed from consent agenda: Motion to approve the Training Burn Building Use Agreement between Gregory Miller, the City of Lake Elmo and the Lake Elmo Fire Deparment for 8139 38th St. No., Lake Elmo ATTACHMENTS: Training Burn Building Use Agreement 1 TRAINING BURN BUILDING USE AGREEMENT THIS Training Burn Building Use Agreement (the “Agreement”), entered into this _______ day of ______________, 20__ by and between _____________________________, the City of Lake Elmo, a municipal corporation under the laws of the state of Minnesota (the “City”), and the Lake Elmo Fire Department, along with third party participants approved by the Fire Chief to participate in training events (the “Fire Department”). WHEREAS, ________________________________________________ (the “Owner”) is the fee owner of certain real property (the “Property”) located _________________________ _____________________ and legally described in Exhibit A; and WHEREAS, there are buildings or other improvements (the “Buildings”) located on the Property, and WHEREAS, the Owner desires to have the Buildings destroyed, and WHEREAS, the City, through its Fire Department, is willing to destroy the Buildings by fire if the Buildings may be used for various training exercises before and during their destruction. NOW, THEREFORE, the parties hereto in consideration of the mutual covenants and considerations hereinafter set forth do agree as follows: 1. Training Dates. The City may conduct fire training exercises (the “Training”) on the Property between _____________, 20____and _______________, 20___. The City agrees to give the Owner prior notice when it has initiated Training and to notify the Owner at least 24 hours in advance of when the scheduled burn will take place. 2. Training Plan. The City shall conduct all Training in accordance with Minnesota Statutes, section 88.17, subdivision 3(a). The City is responsible for obtaining the appropriate fire permit required under Minnesota Statutes, section 88.17, subdivision 3(a). 3. Site Plan. The Owner shall provide the City with a site map of the Property which clearly identifies not only the structures to be demolished by fire, but also any surrounding structures which are NOT intended to be destroyed. 4. Owner Responsibilities. The Owner shall provide proof of clear title for the property on which the Buildings are located and assumes all responsibility for cancelling insurance associated with the Buildings and providing proper documentation that said cancellation has occurred. The Owner agrees to indemnify, hold harmless, and defend the City and its Fire Department from any claims arising from the Owner’s warranties contained herein. 5. Utilities. The Owner is solely responsible for arranging to have all utilities on the Property disconnected prior to the Training, including but not limited to gas, electric, water, telephone, television cable, and antennas. The Owner is also responsible to arrange for the removal from the Property of any fixtures, items, equipment, or other personal property that the Owner wishes to preserve prior to any destruction activities herein discussed. If the Owner has 2 not completed these tasks at least 24 hours prior to the first possible training date, the Owner MUST notify the City of this fact and of the tasks not having been completed. 6. Materials Removal. The Owner shall be responsible for filing with the Minnesota Pollution Control Agency (“MPCA”) a Notification of Intent to Perform a Demolition as required by Minnesota Rule 7035.0805. The Owner shall further ensure that all items and materials listed in subpart 5 of Minnesota Rule 7035.0805 are removed from the Property at least 24 hours prior to the first possible Training date. The Owner is also solely responsible for ensuring that it has completed any and all tasks required by federal law as they relate to demolition by burning, including compliance with 40 CFR 61, subpart M, the National Emission Standard for Asbestos. The City maintains the right to request any reasonable assurances of compliance with state and federal law from the Owner. If the Owner has not completed these tasks at least 24 hours prior to the first possible training date, the Owner MUST notify the City of this fact and of the tasks not having been completed. 7. Entry onto the Property Authorized. The Owner hereby expressly authorizes the City, through its Fire Department, to enter onto the Property one of more times to conduct Training. The City and Fire Department may enter the Property solely for the purpose of conducting training exercises and for related activities such as preliminary and follow-up inspections. 8. Right to Inspect. The Owner hereby authorizes the City to inspect the Property at any time necessary during the Training dates covered by this Agreement. This includes inspection to ensure compliance with any section of this Agreement as well as inspection in an effort to plan Training activities. 9. Waiver of Trespass. The Owner expressly waives any claim of trespass against the City or its Fire Department for entry onto the Property for the purpose of conducting training exercises and related activity on the Property. 10. Waiver of Damages. The Owner expressly waives any claim against the City or its Fire Department for any damages to the Property or the Buildings caused, or allegedly caused, by the City or its Fire Department in the course of performing the Training and activities related thereto. 11. Liability and Indemnification. The City and its Fire Department shall be solely liable for any injury to Fire Department personnel or City personnel caused by, or as a direct result of, the Training. The City and its Fire Department shall indemnify and save the Owner harmless against any and all claims by or on behalf of any person or persons arising from the conduct of the Training. The City and its Fire Department shall not, however, be liable for any claim of injuries from a person who is not an employee of the City or its Fire Department in connection with the Training, and/or the Owners failure to clean up the Property and remove debris of the Buildings within the time period allowed by this Agreement. 12. Clean Up and Site Restoration. The Owner shall be solely responsible for removing all debris from the Property following completion of the Training, regardless of the condition of the Property and/or the Buildings following completion of the Training. The City shall notify the Owner in writing when the Training is completed and the Owner shall have thirty (30) days from the date of that notice to complete the removal of all debris and remnants of the 3 Buildings and to backfill any basement or other open spaces with clean fill so that the condition of the Property is in full compliance with the City Ordinances. These materials shall be disposed of by state and county rules at the Owner’s expense. All cost of permits and sampling will be at Owner’s expense. If at any time during the Training the Instructor-In-Charge deems it necessary to extinguish the fire, the remains will be the responsibility of the Owner. The City reserves the right to inspect the Property from time to time as necessary to insure the Owner’s compliance with this obligation to clean up the Property. 13. Right to Terminate. The City maintains the right to terminate this Agreement for any reason prior to conducting the Training. In the event the City terminates this Agreement prior to initiation of Training, the Owner shall be responsible for demolition of its Buildings on the Property. In the event the City terminates this Agreement after initiation of Training, the City shall be responsible for completion of demolition of the Buildings identified on the site plan of the Property, but not for the removal or cleanup of the site. 14. Notification. The City shall be responsible for notifying any neighbors of the Property who may reasonably be affected by the Training regarding the nature and schedule of such Training. 15. Insurance Coverage. The Owner shall be solely responsible for cancelling the appropriate insurance policies on the Property prior to the Training. The Owner shall notify the City of the last day of insurance coverage on the Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the above date. BUILDING OWNER By: CITY OF LAKE ELMO By: Mike Pearson, Mayor By: Julie Johnson, City Clerk LAKE ELMO FIRE DEPARTMENT By: Greg Malmquist, Fire Chief A-1 Exhibit A Legal Description of Property [TO BE INSERTED]