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Home My WebLink AboutAgenda Packets - 2020/03/02CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, March 2, 2020 6:30 p.m. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron Council Workshops are informal gatherings of the council at which no final decisions are made, rather consensus discussion to direct staff on council decision items. PUBLIC COMMENT Citizens may speak to issues not on tonight's agenda. Before speaking, please share your full name and address. Also, please limit your comments to three minutes. AGENDA ITEMS DISCUSSED BY CONSENSUS 1. CTV Operations — Dana Healy 2. SBM FD and Joint Powers Agreement - Nyle 3. Charter Language — Chapter 4 — Nyle 4. HOPP Update - Nyle NEXT COUNCIL WORK SESSION: Monday, April 6, 2020 at 6:30 pm NEXT COUNCIL MEETING: Tuesday, March 9, at 6:30 pm THIS PAGE LEFT BLANK INTENTIONALLY MOUNDSViEw City of Mounds View Staff R, Item No: 03 Meeting Date: March 2, 202_0 Type of Business: WS Administrator Review: To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Charter Commission Chapter 4 Introduction: Council has expressed, on numerous occasions, a goal of having a better working relationship with the Charter Commission as well as simplifying the Charter Discussion: Chair Warren attended your January Workshop and expressed desire to work together, simplify language, and have a council liaison which CM Gunn was appointed to. The Commission has been working on Chapter 4 for over a year and felt it was ready for legal review. At the direction of Council, specific to the simplification mandate, I directed/requested Kennedy and Graven to take the body of work the Commission has done and edit/change/draft language consistent with their goal of addressing council vacancy. Included in this packet is the markup language the Commission produced, a clean copy, a draft resolution and a memo from Brian Amundsen. Due to the work load related to the Skyline and other projects, the K & G language will be a handout on Monday night. If received early on Monday, it will be sent out via email as well. Recommendation: Staff recommends reviewing both Charter Commission documents and drafts as well as K & G draft. No decision is needed at this time, rather, the Council and Commission are scheduled to meet jointly on May 19, 2020. Furthermore, the Commission meets in April and I will be able to convey to them your discussion and concerns if any. Based on the outcome of the Joint meeting in May, we can proceed as Council/Commission see best. Respectfully submitted, Nyle Zikmund City Administrator Attachments: Commission Documents 01/22/19 The Chapter 4 Draft language include with this package is in the same format as the November package. But there are significant changes in content since the November version. Content was changed to represent input from Marissa, Denny and Jonathan since our November meeting. The content is consisted with our Commission conversations, and tries to incorporate the later conversations which seem reasonable and consistent with Charter Commission practices of the past. The input asked me to included: 1. Keep the language simple and clear. 2. Maintain current Charter formatting that only underlines sections and all other paragraphs are subdivisions without titles. Otherwise we are setting a totally new standard that is inconsistent and would require reviewing and modifying the entire Charter, adding unnecessary length to the document simply to accommodate paragraph titles. 3. Move back to the original language and insert changes rather than whole paragraph deletions and re -insertions where ever possible. Show what is actually changing from original, what was kept and what had to be changed. 4. Adding statute references where appropriate 5. Correcting time periods to match statute requirements and time we've discussed (ex 426 days not 545 days,) 6. Keep the municipal regular and special elections in separate sections 7. Add references for section or subdivision moves (ex 4.04 to 4..02) so one can follow where the language was moved. 8. Add language of when vacancy can be declared so it is clear. 9. Moving back to only the two vacancy election scenarios, of vacancy which would be a November election or Feb, April, May or August election. 10. Breaking up the long original 4.05 Sub 5 so it is more readable and logical. 11. The larger changes in this version are in Section 4.06 (old 4.05) which shows the two election cycle scenarios Before our meeting next week, please compare this version to your personal notes. In this next meeting I would like to approve or reject the changes. We can use motions for each section, making motion amendments if language needs adjusting. Or we can make motion to accept the whole document, with amendments for simple changes. Additionally, at our meeting I would like to approve or amend a motion to submit this language to legal for review and any recommendations for modification. The Resolution 2019-01,to send to Council is a, March item for after we review legal's input. I'm looking forward to the meeting and hope everyone had a wonderful Christmas. Sincerely, Brian Amundsen 763-786-5699 DRAFT - Resolution 2019-01 MOUNDS VM CHARTER COMMISSION MEETING 19 -March 2019 RE: Chapter Municipal Election Compliance with State Statutes. Charter Commission WHEREAS, in 2016 the Council verbally requested the Charter Commission Chair review the Charter's Chapter 4.05 Vacancy of Municipal Elected Office. Marisa Reyes -Johnson WHEREAS, in 2017 the Minnesota Legislature made significant changes to 763-464-8682 Statutes Chapter 200 regarding uniform election dates, notifications, and other Vice Chair state wide requirements for how and in what manner certain specific steps are Jonathan J Thomas handled. 763-784-5205 WHEREAS, at the March 19, 2019 meeting the Charter Commission moved, 2"d Vice Chair seconded, and passed this motion to amended the Mounds View Charter Brandon Clawson Chapter 4 to comply in general with Minnesota Statutes Chapter 200, in 651-235-6052 regards to time and place for municipal general and special elections, and the Secretary specific manner of MN Statutes 205.10 for dates and 205.13 for notification Brian Amundsen and time requirements. 763-786-5699 Dennis Erickson BE IT RESOLVED, the Mounds View Charter Commission, acting under 612-270-5293 Minnesota Statue 410.12 Subdivision 7, recommends the following Charter amendments, by the deletions of the bold strike -through language and the Justin r 651-5877-7481-7481 addition of the bold underline language.The Charter Commission requests the City Council adopt the proposed changes by ordinance by the required Jerry Peterson unanimous vote. The Charter Commission also requests a response within 60 612-607-3953 days with recommendations for any modifications to any item that the City Brooks Staples Council deems not acceptable as presented. 612-598-4649 Russell Warren Summary of the changes: 763-786-3591 1. Maintain Charter original intent to specify the manner and procedure to elect City officers and acquire citizen consent for certain ballot issues, while complying with new MN Statutes Chapter 200 for charter cities. 2. Maintain Charter original intent to specify the manner and procedures to follow if a vacancy occurs in an elected City office. 3. Come as close as possible under new MN Statutes to maintain Charter original intent to fill a vacant elected Office within 90 days. 4. Maintain Charter original intent for a person elected to vacant office to serve for as short as 9 months. 5. Maintain Charter original intent of same process for council member vacancy and clarify mayoral vacancy. 6. Through out update Charter language to comply with MN Legislatures 2017 uniform election dates and processes. 7. Update the time required for each step in the manner of how elections in Mounds View are to be conducted. 8. Update the Council appointment for a vacancy if less than 426 days (14 months) remain to replace the current 365 days (12 months). 9. Update the Charter to specify the conditions when a vacancy occurs. Respectfully Submitted, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 f 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CHAPTER 4 NOMINATION AND ELECTIONS SECTION: 4:01 Municipal CseWra El •ti n 4.02 Municipal Spmial Elections 4..03 Notice Filing and Election for Munic; al and SMial Election. 4.04 Filing for Office 4.05 Insufficient Number of Candidates 4.0„_,Va�canCy nC E3Gmed Orifice ---------------------------------------. 4.07 _Ass_ (nit orUutiio ----------------------------------------------- 4A -r -%!ably --- Section 4.01. Municipal General Election ..... Deleted:5 .............. ........ ........ ....... Deleted:6 ....... ...... Deleted:? . - -• i Deleted: 7hc ltc¢ulur Subdivision 1. The Council shall establish by resolution a inunici aleneral election Ibr dignUrw5c fs� clueing Council nwilibcrs and Ma _p 5tlbdlvisinn2. Ajnunicipal eneial election shall be held on the first Tuesday after the first -Monday -------------------- Deleted: regular in November of each even numbered year commencing in 1980 ill cortly lance with -MN Slalute 205.{17. as amended, and at suchW,l Iogiction{s} as the City Council shall designatepur MN Slatutt'.y Moved to Deleted: places 4.03 sub2), Moved n 4.06) Deleted:9 At least fifteen days prior notice shal l be given by Deleted: the City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper ofhe City staling the time and places ofholding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Deleted: Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Deleted: . Deleted: Filing for Office Deleted: r Deleted: At least fifteen days prior notice shall be given by the City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper ofthe City stating the time and place of holding such election. Failure to give such notice shall not invalidate such election Subdivision 3. (moved fraln.uld Srxtion 4.03) Consistent with the provisions of this Charter and applicable state laws, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances, general state laws on elections shall apply to municipal elections. 4, 021moved to_Section 4.04) Section 4.02 (Was Section 4.04) Municipal Special Election �• Subdivision 1. The Council shall by resolution order a special election I'ar the purpose of filling a Cnuncil vacancy,La rercrttdum iYs�u, or advisory election and provide all means for holding it per MN1 ----- 5totuic 205, 10 Subd 3a. 3b. and 5. r [Sca 4.03 Subd 2] 1 ---------.......... .......... ............... .. -- Subdivision 2. A special clooi.an shall be held on one ol'lhe rollowin : the second Tuesday or February, April. May or Au usg t, or the first Tuesday atter the first Monday in November per MN Statin 205.10 Subd 3a, 3b, 5 as, amended. 41 Subdivision 3. Subdivision 1 and 2 aL)ply only.in.the manner that this Charter spy, fies; per MN 42 Statute 205.02 Subd2. a-, such provisions specified erd not in conflict with d -;s Charter for _specjaJ ec ions 43 pr) _CvQje,r petition [aunlilicatinns. 44 45 j lice S 'C,tion 4.Q I Su bid I Y is ion_ 3 _ _ .... • Deleted: SWim 4a. bZcdom as rleclia, 46 Srxtion4.03 No •ceofFilin a Eklin f r ultici sl,md S ecial Elrctinus. 47 48 Subdivision 1. The Candidate filing, Period Notice shall be publish in tlhe oR"tcisi newspaper, itl a 49 ublicl Yilicmible location at C ity Ha11 and all sit odin outlets IL” ylarl y used b. the Cit . Sue 11 notice will Deleted: W/19 50 state (lie dates for Candidate Ming—and the date, lime and theplace(s) ol'the election and of the officers or Deleted: 21:55:58 7 07:79:4 --------------------------------- .. DRAFT Page 1 of 4 - M.� • -......- -- --- ... ---- - --........... .. .. ... 79 80 81 82 83 84 85 86 87 88 89 90 91 92 1 93 94 95 96 97 98 1 99 100 101 102 103 104 105 1106 107 108 109 110 111 112 113 114 115 1116 117 18 119 20 121 22 123 124 125 126 127 issue to k L htillnted .per_MN_Swtutc 205:13 and 205 I6 homh Ha a� an %v],-,_wilich�f:ncrally state the nU[.ice xllali isc published two weeks prior to the first candidate tiling date art posted nt the filing location al 11 same time. Subdivision 2. The Election Day Notice shall he poslyd or published by lite City Administrator' sixty days prior t on -d4 at Cit Ha E in Ste i s t' icial news a er and all mcYlia otlttets r LIIuI Iv used by the City . Theaolishall inctud • the City el ns rte lkli LS ttntl tiltl'S itic tiding liuu5 for "early" abscnim voting). At least fifteen days prior notice shall be given by the City Administrator by posting a notice thereof in at least one public place in each geographic election precinct where a City maintained "Welcome to the City of Mounds View" signage is poslixl �tnDvidittg the time and place of holding such election. Failure to Deleted: , and by publishing a notice thercofat least once in give such notice shall not invalidate such election.. the official newspaper of the Citysinting R(Mo'r veci to 4.02) ---- Section 4 004. Fi]iM r Office. Subdivision L An affidavit of candidacyfor a_city office must be filed within the time frame 1: specified and in accordance with the MN Statute Zfi)5.13, as emended, with the exception that the fee portion of the Statute shall be superseded by the following: Any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, 4� ubd. 4, as amended, to the Ci[y. Administrator, have their name p18cod on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2404, Filed May 19, 2004; Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 2013, Effective May 12, 2013.) Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the office of City Council-membe5 combined. (11-8-94_Election, Effective 12-8-94, Filed 2-21-95) * A city charter provision limiting the term of an elected city official is unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995) (Resolution 5435, 4-24-2000) Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) jmnyo to Sw i.on4.%) .................. Section 4.05 Insufficient number of Candidates. (Was Section 4.05 Subd 6) If there are insufficient numbers of candidates in armutticip41 gepral or special election to fill the expiring or vacated ---- 'CouiltiLttc,IoheYs offices OF that CIec.tion, the City Council na fill satd offices by appointment until the next, ` - available municipal special election. In the case of a tie vote of the Council, the Mayor shall make said appointment. Il'tlte Mayor's failion is vacant the Council by resohflion shall set a 111 11 slsec1A1. dmion far the next availableLeial election date_ Section 4.06. Vacancy of -Elected 017icg. Subdivision I. Vacancy in Coun d- A vacancy in elected Council office occurs if, AM 07:19:49 DRAFT Page 2 of 4 Deleted: Section 4_04 Deleted: Special and AdviwryElectiuns rsccM for Elected O iec.- The Councit shalt byresolul ion order a sweial nr a dYhgLY_alectton and proiidc all neans,[ty haldinc is. At Wag flfW R Mrs prior nolieC shall be given by the 0 l Administrllnr by yo sting a nolice Ihelegf in al Wag rnie gublie ❑tare m rack clwi ion prcrL aiW by publish in e a noliss 1hnreof al Nast prim in the official nkwum cr of ft Chy M11ttit1he Ihnc and places of bolding such 41Gylion. Failurc to LkL'0 wclC ne11CC shall "Cl im•alidntc sucl>_ election.Section 4.04 Deleted: 02 Deleted: Pursuant to Minnesota Statute 205.13, subd. 'a, as amended, Deleted: subd Deleted: Councihnember ••-'� Deleted: 4.Subdivision 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 1171 172 1173 174 1175 176 177 178 179 180 181 182 183 184 185 1186 187 188 189 190 191 1192 193 194 195 196 197 198 199 200 [ A CouneiI inembcr subntiis a resignation of offige suds vacancy shall be considered effective ort Ilse date. Ihe resigttiation _is (Iclivered to the City, Administrator or date specified in (lie resia�g Cation leder. The Council shaI I by_ resolution, u its next lncetinl+ declare the vacancysutd move to rill the vacancy according o Subdivision 2. Or. 2) A Council member is absent Lm in C uracil Me, -tins for a illy reasign for 90. conn ito us calendar la ys. The Council sha I I by resolution at its next ineutin P, rifler the 90 da y absence declare the vacancy and move to fill the vacancy according. to Subdivision 2. Or 3 ACouneiI member for a n v reason no Ion er quaIiFes as a voter in Mounds Viewas cettir b he City Administrator. The Coulon shall at the next mmling after r y-civin the certificate affirm or dismiss the C ity Adm i nis trators deterinination. if the certificate is aIfimled the Council sbaII by, resolution, dledare the_viwanty and .move.to rill the vle�al! k - g lr ice, -to Subdivision 2.. Subdivision ;. When a vacancy_ in_an elected office of the City occurs with 426 days or more -- Deleted: I remaining in the term of the vacated office, there shall be a special election held*in qp gore luta l26 days,__ Deleted:365 it such election can be held in Noycmber, and tin more than ninety-nine days,. if such ek -eik n i. held in Fehr ar Aril M or Au t r iNN 5latutes 205.1U Subd 3a 3h and, after the vacancy occurs to elect Deleted: within a successor to serve for the remainder of the unexpired tern of the office vacated,. moved l t su Ivisiun G ... ..-... .-. .-------------- - ---------- ---- --••-•---• --•-� Subdivision. When a vacancy in an elected municipal office occurs, under Subdivision 2 ahnvs with less than 182 Dgys and more than 126 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular municipal election -under the rollowirta procedures. A) ig.V &Y occurs with less than 126 days prior to the regular munici rat election date the notice of such vacancy shall be published as soon as is practicable. If within the 1?,{i day period before a regular municipal election,,such vacancy occurs in the office of either or the, two Coutic il- lit ctube . unex »red terms, the seat shall be ruled by the cundidate for CounciI-member with the third highest vote total, or, in the case of two vacancies, the third and !fourth highest vote totals, Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. B) When a vacancy Wcurs within the 126 day period before a regular municipal election, in the office - of Mayor or in the office of either or both of the Council member whose seats are to be decided in the election, ; S N said vacancy shall be considered not to exist for the purposes of the election. Subdivision 6. In the case of a vacancywhere there remains less than 426 days in the unexpired term, 5 ' Y --- p -------------- the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie vote of the Council, the Mayor shall make said appointment, unless the vacancy. is in the Mayorsoffice. then the Acling Mayor shall make said anWintlncnt. Section 4.07. Assulrlotion of duties. Subdivision 1. For a Municipal General Election_the elected and qualified gfficers shall assume the duties orniTic to which they Were glec sod an the_lirsi Monday ot'Januzrry rallowintt such elmtian. pt.r_MN Statute 205.117, as amended. Deleted: Subdivision 2, The City Administrator shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section. Deleted: Subdivision 3. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter, Deleted: Subdivision 4 Deleted:. Deleted: 5 Deleted: within 130 Deleted: If [he Deleted: sixty in Deleted: 0 Deleted: the vacancy occurs in the office oFthe Mayor or in the office of either or both of the Council members whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if Deleted: other Deleted: Councilmembers Deleted: Councilmember Deleted: IF Deleted: 0 Deleted: the vacancy occurs Deleted: 365 ;.Leleted: V/19 •Deleted: 21:55:58 z7 q 0:19:49 DRAFT Page 3 of 4 1231 232 233 234 235 236 237 238 239 240 M Subdivision 2. Muni. i rad Special E_1_ecl.iq%Candidates.filline_a vacancy shall take office at or before Deleted: the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; Subdivision 5 Adopted September 27, 2004; Filed October 13, 2004). Deleted: fling A) S pec ial Ad v i&oU ar Rcfcr+snil uni Ukciions shall (ak affect ' in i x i a lei y u pon lite Coun tv Au ' or c cri i rication of the cloc(ion resuhs, unless otherM e mjiled in the baliol question; Section 4.08. (was Section 4.02 Subd 4) Severability. If an art of this Cha ter shall be declared unconstitutional by the courgs).nf Miunesota._all others ----._.-• Deleted: Section YP _ - --- shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). Deleted: W/19 '..-� Deleted: 21:55:58 2/27/2Q07:19:4 DRAFT Page 4 of 4 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CHAPTER 4 NOMINATION AND ELECTIONS SECTION: 4.01 Municipal General Election 4.02 Municipal Special Elections 4.03 Notice Filing and Election for Municipal and Special Election. 4.04 Filing for Office 4.05 Insufficient Number of Candidates 4.06 Vacancy of Elected Office 4.07 Assumption of Duties 4.08 Severability Section 4.01. Municipal General Election Subdivision 1. The Council shall establish by resolution a municipal general election for the purpose of electing Council members and Mayor. Subdivision 2. A municipal general election shall be held on the first Tuesday after the first -Monday in November of each even numbered year commencing in 1980 in compliance with MN Statute 205.07, as amended, and at such polling location(s) as the City Council shall designate per MN Statutes.(Moved to 4.03 sub2) (Moved to 4.06) Subdivision 3. (moved from old Section 4.03) Consistent with the provisions of this Charter and applicable state laws, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances, general state laws on elections shall apply to municipal elections. 4.02 (moved to Section 4.04) Section 4.02 (Was Section 4.04) Municipal Special Election Subdivision 1. The Council shall by resolution order a special election for the purpose of filling a Council vacancy, a referendum issue, or advisory election and provide all means for holding it per MN Statute 205.10 Subd 3a, 3b, and 5.. (See 4.03 Subd 2) Subdivision 2. A special election shall be held on one of the following: the second Tuesday of February, April, May or August, or the first Tuesday after the first Monday in November per MN Statute 205.10 Subd 3a, 3b, 5 as, amended. Subdivision 3. Subdivision 1 and 2 apply only in the manner that this Charter specifies, per MN Statute 205.02 Subd2, as such provisions specified are not in conflict with this Charter for special elections and voter petition qualifications. (see Section 4.01 Subdivision 3) Section 4.03 Notice of Filing and Election for Municipal and Special Elections. Subdivision 1. The Candidate Filing Period Notice shall be published in the official newspaper, at a publicly accessible location at City Hall, and all media outlets regularly used by the City. Such notice will state the dates for Candidate filing, and the date, time and the place(s) of the election and of the officers or 2n7/20 07:18:37 DRAFT Page 1 of 4 S1 issue to be balloted, per MN Statute 205.13 and 205.16, both as amended, which generally state the notice 52 shall be published two weeks prior to the first candidate filing date and posted at the filing location at the 53 same time. 54 55 Subdivision 2. The Election Day Notice shall be posted or published by the City Administrator sixty 56 days prior to election day at City Hall, in the City's official newspaper, and all media outlets regularly used 57 by the City. The notice shall include the City elections date, places and times (including times for "early" 58 absentee voting). At least fifteen days prior notice shall be given by the City Administrator by posting a notice 59 thereof in at least one public place in each geographic election precinct where a City maintained "Welcome to 60 the City of Mounds View" signage is posted providing the time and place of holding such election. Failure to fit give such notice shall not invalidate such election. . 62 63 _(Moved to 4.02) 64 65 Section 4.04. Filing for Office. 66 67 Subdivision 1. An affidavit of candidacy for a city office must be filed within the time frame 68 specified and in accordance with the MN Statute 205.13, as amended, with the exception that the fee portion 69 of the Statute shall be superseded by the following: Any resident of the City qualified under state law for 70 elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in 71 compliance with MN Statute 205.13, Subd. 4, as amended, to the City Administrator, have their name placed 72 on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004, Filed May 19, 2004; 73 Amended by Ord. 759, Adopted June 13, 2005, Filed June 22, 2005; Amended by Ord. 878, Adopted Feb 11, 74 2013, Effective May 12, 2013.) 75 76 Subdivision 2. * Term Limits. Notwithstanding any other provision of law to the contrary, no person 77 may file to be a candidate for election to a term that would cause the person to serve more than eight total 78 years in the office of Mayor or in the office of City Council -member combined. (11-8-94 Election, Effective 79 12-8-94, Filed 2-21-95) 80 81 * A city charter provision limiting the term of an elected city official is unconstitutional and 82 unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995) 83 (Resolution 5435, 4-24-2000) 84 85 Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of 86 service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) 87 88 moved to Section 4.0$ 89 90 Section 4.05 Insufficient number of Candidates. (Was Section 4.05 Subd 6) If there are insufficient 91 numbers of candidates in a municipal general or special election to fill the expiring or vacated 92 Counclmembers offices of that election, the City Council may fill said offices by appointment until the next 93 available municipal special election. In the case of a tie vote of the Council, the Mayor shall make said 94 appointment. If the Mayor's position is vacant the Council by resolution shall set a municipal special 95 election for the next available special election date. 96 97 Section 4.06. Vacancy of Elected Office. 98 99 Subdivision 1. Vacancy in Council. A vacancy in elected Council office occurs if - 2/27/20 £ 2/27/20 07:18:37 DRAFT Page 2 of 4 100 1) A Council member submits a resignation of office. Such vacancy shall be considered effective on 101 the date the resignation is delivered to the City Administrator or date specified in the resignation 102 letter. The Council shall by resolution, at its next meeting declare the vacancy and move to fill the 103 vacancy according to Subdivision 2. Or. 104 2) A Council member is absent from Council Meetings for any reason for 90 continuous calendar 105 days. The Council shall by resolution, at its next meeting, after the 90 day absence, declare the 106 vacancy and move to fill the vacancy according to Subdivision 2. Or 107 3) A Council member for any reason no longer, qualifies as a voter in Mounds View, as certified by 108 the City Administrator. The Council shall at the next meeting after receiving the certificate affirm 109 or dismiss the City Administrator's determination. If the certificate is affirmed the Council shall 110 by resolution, declare the vacancy and .move to fill the vacancy according to Subdivision 2.. 111 112 Subdivision 2. When a vacancy in an elected office of the City occurs with 426 days or more 113 remaining in the term of the vacated office, there shall be a special election held in no more than 126 days, 114 if such election can be held in November, and no more than ninety-nine days, if such election is held in 115 February, April, May, or August per MN Statutes 205.10 Subd 3a, 3b,and5, after the vacancy occurs to elect 116 a successor to serve for the remainder of the unexpired term of the office vacated,. 117 118 119 120 121 122 (moved to subdivision 6) 123 124 Subdivision 3. When a vacancy in an elected municipal office occurs , under Subdivision 2 above, 125 with less than 182 Days and more than 126 days prior to a regular municipal election date, the special election 126 to fill the vacancy shall coincide with the regular municipal election under the following procedures. 127 A ) When a vacancy occurs with less than 126 days prior to the regular municipal election date, the 128 notice of such vacancy shall be published as soon as is practicable. If within the 126 day period before a 129 regular municipal election, such vacancy occurs in the office of either of the two Council -members unexpired 130 terms, the seat shall be filled by the candidate for Council -member with the third highest vote total, or, in the 131 case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist, the candidate with 132 the third highest total shall fill the vacancy in the office having the longest unexpired term. 133 B) When a vacancy occurs within the 126 day period before a regular municipal election, in the office 134 of Mayor or in the office of either or both of the Council member whose seats are to be decided in the election, 135 said vacancy shall be considered not to exist for the purposes of the election. 136 137 Subdivision 6. In the case of a vacancy where there remains less than 426 days in the unexpired term, 138 the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a 139 tie vote of the Council, the Mayor shall make said appointment, unless the vacancy is in the Mayor's office, 140 then the Acting Mayor shall make said appointment. 141 142 Section 4.07. Assumption of duties. 143 144 Subdivision 1. For a Municipal General Election the elected and qualified officers shall assume the 145 duties of office to which they were elected on the first Monday of January following such election, per MN 146 Statute 205.07, as amended. 147 2j27j20 07:18:37 DRAFT Page 3 of 4 148 Subdivision 2. Municipal Special Election Candidates filling a vacancy shall take office at or before 149 the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; 150 Adopted September 27, 2004; Filed October 13, 2004). 151 152 A) Special Advisory or Referendum Elections shall take effect immediately upon the County Auditor 153 certification of the election results, unless otherwise stated in the ballot question. 154 155 Section 4.08. (was Section 4.02 Subd 4) Severability. 156 If any part of this Chapter shall be declared unconstitutional by the court(s) of Minnesota, all others 157 shall remain in full force and effect (11-8-94 Election, Effective 12-8-94, Filed 2-21-95). 1§§ 2127120 07:18:37 DRAFT Page 4 of 4 THIS PAGE LEFT BLANK INTENTIONALLY MO-_41vivns VmV __ City of Mounds View Staff R Item No: 02 Meeting Date: March 2, 2020 Type of Business: WS Administrator Review: To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: SBM FD, Contract, JPA Introduction: Mounds View has contractually received fire protection services from the Spring Lake Park Fire Department Inc. (commonly referred to as SBM FD or the Spring Lake Park — Blaine — Mounds View Fire Department) since 1949 and likely back to 1944 when they first formed. In 1990, the cities of Blaine, Spring Lake Park and Mounds View formed a Joint Powers Agreement, initiated by the need to make significant investments in stations and apparatus, subsequently resulting in a decision to sell bonds. The bond sale and subsequent improvements resulted in a new contract with several major changes and the Joint Powers Agreement. Via the contract, fiscal control of the fire department was transferred to the cities in accordance with the JPA. An administrative panel was created with the three top executives of the cities quarterly reviewing the budget and controlling any surplus. The contract also embed a formula for contract cost sharing that is established in the JPA. The formula embedded in the JPA for cost sharing calculates 50% on market share and 50% on call volume averaged over a three year period. When first adopted in 1990, the formula shares were: Blaine — 64.36% Mounds View — 22.08% Spring Lake Park — 13.56% For 2020 budget year the formula shares are: Blaine — 76.093% Mounds View — 15.998% Spring Lake Park — 7.963% Discussion: Since its adoption, two minor adjustments were made via MOU's, one was to carry the formula out to three decimal points and the other was to clarify that storm related calls; especially summer storms in which 20 to 30 calls (downed power lines) shall be counted as one call for formula purposes. The City of Blaine proposed, at a JPA meeting last fall; that we consider a fixed formula. Reasons articulated included: Inconsistencies between Anoka County and Ramsey County in assessed valuations. Concern that if Blaine share were to rise to some portion above 80% or more, abandonment of the model could occur. Formula does not adequately recognize, especially when disparity is considered — the base cost of fire protection. In explanation, should no fire calls be received in the course of a year, the fire department budget would still exceed several million as the ability to respond requires stations and apparatus and well trained, property equipped firefighters. The greater the disparity between the cities, the more disproportionate the formula becomes. A fixed formula, if agreed upon by all parties, addresses all these issues and negates need to recalculate every year and await that calculation until county assessment. Options include: Locking in the current year, rounding to nearest whole number; Blaine -76, MV -16, SLP -8. Some other number No Change Recommendation: Staff recommends further exploration of the proposal by Blaine as Mounds View share is highly cost effective, especially factoring in the service levels provided. The JPA committee seeks resolution for budget year 2021 meaning by June of this year. All parties are reviewing and submitting any other proposals to Blaine for consideration at our next JPA meeting. Both the JPA and Contract would need to be amended, JPA for the formula, Contract as it embeds the current formula versus referencing the formula. A discussion also occurred about attaching or having an MOW that contained a preamble specific to our commitment as well as addressing in-kind services ranging from city responders to building maintenance. Respectfully sub ' itted, 1 r Nyle Zikf■/mund City Administrator Attachments: Original JPA Re -typed JPA SBM Contract Call/Budget/Formula History JOINT POWERS AGREEMENT FOR THE PROVISION OF FIRE PROTECTION SERVICES I. Parties. This Agreement is dated the day of , 2020, and is entered into, pursuant to the provisions of the Minnesota Joint Power Act, Minn. Stat. §471.59, by and between the Cities of Blaine (herein "Blaine"), Mounds View (herein "Mounds View"), and Spring Lake Park (herein "Spring Lake Park"), collectively herein "Cities", each such City being a municipal corporation and political subdivision of the State of Minnesota. I I. Purpose and Bac kp_round. It is the Cities' general purpose under this Agreement to cooperate in providing fire protection services to their residents. This purpose may be effectuated through the acquisition, construction, furnishing, and betterment of land, building, and equipment for municipal fire protection, firefighting, and related public safety and welfare purposes; the contracting for and payment of such capital costs, services and related expenses; and the taking of all other action desirable or necessary in connection therewith. The Cities have a history of cooperating with one another in providing fire protection, most recently pursuant to a certain Contact to Furnish Fire Protection Service (the "Contract") which each of the Cities executed with Spring Lake Park Fire Department, Inc. in 1986. Under the Contract, the Fire Company provides fire protection and other public health and safety services, equipment, and personnel; and each of the Cities is responsible from year to year for its respective share of the cost thereof pursuant to the Formula (the "Formula") set out in Exhibit "A" attached hereto. Under this Agreement, Cities anticipate that equipment and other property currently owned by the Fire Company will be acquired by the Cities; that the Cities will acquire additional land, buildings, and other equipment and property for the fire protection and related public health and safety purposes; that the Cities will in turn by contact make available such property to appropriate service providers, including the Fire Company; and that the Cities will share the respective costs thereof pursuant to the Formula and as further provided in paragraph III (D) of this Agreement. All property acquired pursuant to this Agreement is hereinafter referred to as the "Property". III. Terms. Now, therefore, in a reliance upon and in consideration of the mutual undertakings herein expressed, Blaine, Mounds View, and Spring Lake Park agree as follows: (A) Exercise or Powers: The Cities shall exercise such power as may be necessary or convenient to effectuate the purposes of this Agreement, in the manner herein prescribed, or as may otherwise be agreed upon from time to time. The Cities shall strictly account for and disburse all receipts and expenses under this Agreement and shall own all of the Property as provided in paragraph III (E) hereof. (B) Creation and Composition of Administrative Committee. An Administrative Committee comprised of the three chief administrative officers of the Cities is hereby established. The Blaine City Manager shall maintain the files and records of the Committee. (C) Duties o Administrative Committee. The Administrative Committee's duties shall include, but not be limited to, the following: 1. To administer the terms and provisions of this Agreement. 2. To periodically review fire service contract proposals submitted by providers of fire protection and to make recommendations to the Cities regarding the terms of such proposals. 3. To periodically review the Cities' requirements for firefighting equipment or land and buildings to be used for fire protection services and to make recommendations to the Cities regarding the purchase, sale, maintenance, or lease of such firefighting equipment, land or buildings. 4. To review the annual budget for fire protection services to the Cities, to make recommendations thereon to the Cities, and to administratively monitor the execution of the approved annual budget for fire protection services. (D) Sharing of Costs. All costs incurred pursuant to this Agreement, including annual operating costs, capital costs, and annual debt service on any bonds or other obligations hereafter issued pursuant to this Agreement; shall be borne by the Cities in their respective shares, as determined by the Formula from year to year. Mounds View and Spring Lake Park agree to pay to Blaine, as and when requested, annual debt service on bonds or other obligations issued pursuant to this Agreement. (E) Ownership of Property. Property shall be held nominally in the name of the City of Blaine, but each of the Cities shall have a percentage ownership interest in the Property, which percentage shall vary from time to time and equal that City's "Historical Share" hereinafter described. For the year 1970 through 1990 the total capital costs under the Contract and its predecessor agreements or arrangements amounted to $1,332,566, of which Blaine contributed $857,694 (64.36%), Mounds View contributed $294,205 (22.08%), and Spring Lake Park contributed $180,667 (13.56%). Those Historical Shares shall be recomputed for each year based upon each Cities' additional contributions made pursuant to this Agreement. (F) Consent and Approval. For purposes of determining majority consent at the Administrative Committee level, or at the City Council level, each City shall have voting rights which equal its percentage share under the formula at the time such decision is made, with each such decision being made on the basis of 50% plus approval. (G) Bonding. For the purpose of defraying the expense of the acquisition, construction, furnishing, and betterment of land, building, and equipment for municipal fire protection and firefighting purposes, the Cities believe it to be in their best interest that approximately $4,450,000 of bonds be issued. It is anticipated that such bonds JPA — Blaine/Mounds View/Spring Lake Park Page 2 of 6 would be issued by Blaine and would be general obligations of that City. Each City's share of the debt service on such bonds, or on any other obligations issued pursuant to this Agreement, shall from year to year equal that City's Formula percentage for that year multiplied by the total amount of the debt service due on such obligations in said year. No bonds shall be issued or other capital costs incurred under this Agreement without the majority consent and approval of the Cities, as described in paragraph III (F) above. The annual budget for fire protection services to the Cities under this Agreement shall be presented for review and approval to each of the City Councils; provided, however, that in making all decision under tis Agreement, including those described above, the Administrative Committee shall make recommendations (H) Duration of Agreement. This Agreement shall remain in effect for an indefinite term. (I) Termination of Agreement. This agreement shall be terminated within one year after the City Council of one of the Cities notifies the other Cities by resolution of its intent to withdraw from participating in this Joint Powers Agreement. The notice of intent to withdraw must be given one year in advance of the proposed termination date. Upon receipt of a notice of intent to withdraw, the Administrative Committee shall make all the necessary arrangements to sell or dispose of the firefighting equipment and land or buildings acquired pursuant to this Joint Powers Agreement. The Cities shall obtain an appraisal of the firefighting equipment and land and buildings acquired pursuant to this Joint Powers Agreement to determine the depreciated value of the Property. If the Cities cannot agree on the appointment of an appraiser, the Chief Judge of the Tenth Judicial District shall appoint the appraiser. The appraised assets shall be disposed of in the following priority: In the event that the remaining two cities intend to continue to participate in this Agreement, the remaining Cities would purchase the interest of the withdrawing City and proportionately share the cost of purchase. For example, if Spring Lake Park withdrew, Blaine's current ownership interest is 64.36% and Mounds View's is 22.08%. Therefore, Blaine would be responsible for 64.36/86.44; or 74.46% of the purchase, and Mounds View would be responsible for 22.08/86.44; or the remaining 25.54% of the buyout. The remaining Cities shall, within 90 days of the date of the termination of this Agreement, or pursuant to a mutually agreed upon payment schedule, pay the withdrawing City its share of the appraised value of the Property. 2. If one City withdraws and either of the remaining Cities does not wish to participate in the purchase of the withdrawing City's share as described in paragraph 1, the failure to participate shall be an election by that City to also withdraw. The remaining City can then either elect to liquidate the property, or elect to purchase the share of the withdrawing Cities. In the event of a purchase, the remaining City shall, within 90 days of the date of termination of this Agreement, or pursuant to the mutually agreed upon payment schedule, pay the withdrawing Cities their share of the appraised value of the Property. JPA — Blaine/Mounds View/Spring Lake Park Page 3 of 6 3. If none of the Cities wish to purchase the Property, the Property shall be sold. Any distribution of the proceeds of the disposition of any Property and the return of any other assets arising pursuant to this Agreement shall be made to each of the Cities in proportion to its Historical Share as it exists at the time of such disposition. (J) Miscellaneous. This Agreement shall be effective as of the date that all of the Cities shall have approved and executed this Agreement, which shall be governed by law of the State of Minnesota, and may be executed in any number of counterparts, each of which shall constitute an original hereof. In the event that any provision of the Agreement is declared unlawful or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the same extent as though said provision did not appear herein. IN WITNESS WHEREOF, THE Cities of Blaine, Mounds View, and Spring Lake Park, Minnesota, have duly authorized and execution of and have duly executed this Agreement by their authorized representatives, respectively. City of Blaine, Minnesota Dated: Its Mayor By: Its City Manager Pursuant to authority granted by Blaine Resolution No. , adopted the day of , 2020. City of Mounds View, Minnesota Dated: By: Its Mayor By: Its City Administrator Pursuant to authority granted by Mounds View Resolution No. , adopted the day of . 2020. JPA — Blaine/Mounds View/Spring Lake Park Page 4 of 6 City of Spring Lake Park, Minnesota Dated: Its Mayor By: Its City Administrator Pursuant to authority granted by Spring Lake Park Resolution No. , adopted the day of 52020. JPA — Blaine/Mounds View/Spring Lake Park Page 5 of 6 EXHIBIT A Payment for the services provided by the Fire Department shall be as follows: (A) The annual cost for fire protection to the City shall be determined using the following formula ("Formula"): A.C. = (F.C. + A.V.) x (O.C. — O.R.) (2) A.C. Annual Cost F.C. The percentage that the total number of Fire Calls to the City for the previous three years bears to the total number of Fire Calls to the Cities of Spring Lake Park, Blaine and Mounds View for the same period. A.V. The percentage that the previous year Assessed Valuation (unadjusted tax capacity valuation) of the City bears to the total Assessed Valuation (unadjusted tax capacity valuation) of the Cities of Spring Lake Park, Blaine and Mounds View. O.C. Total Budgeted Operating Cost, including debt service, as approved by the Cities. O.R. Budgeted Non -City Revenues to include only other contract funds. JPA — Blaine/Mounds View/Spring Lake Park Page 6 of 6 j�r x,5 �- JOINT POWERS AGREEMENT FOR THE PROVISION OF FIRE PROTECTION SERVICES ri 1. Parties, This Agreement is dated the me_ day of u ,•� 1 , 1990, and is entered into,, pursuant to the provisions of the Minnesota Joint Powers Act, Minn. Stat. §471.59, by and between the Cities of Blaine (herein "Blaine"), Mounds View (herein "Mounds View"), and Spring Lake Park (herein "Spring Lake Park"), collectively herein "Cities", each such City being a municipal corporation and political subdivision of the State of Minnesota. iT. Pu,Pose ana Background. It is the Cities' general purpose under this Agreement to cooperate in providing fire protection services to their residents. This purpose may be effectuated through the acquisition, construction, furnishing, and betterment of land, buildings, and equipment for municipal fire protection, firefighting, and related public safety and welfare purposes; the contracting for and payment of such capital costs, services, and related expenses; ftr&lb »ti7#rig of a . vthe_ -.acTthiionsCde,i$sz a�o t cn .u.AJ.. ryo o�a zng with one another in providing fire protection, most recently pursuant to a certain Contract to Furnish Fire Protection Service (the "Contract") which each of the Cities executed with Spring Lake Park Fire Department, Inc., a Minnesota nonprofit corporation (the "Fire Company"), in 1986. Under the Contract, the Fire Company provides fire protection and other public health and safety services, equipment, and personnel; and each of the Cities is responsible from year to year for its respective share of the cost thereof pursuant to the Formula (the "Formula") set out in Exhibit "A" attached hereto. Under this Agreement, the Cities anticipate that equipment and other property currently owned by the Fire Company will be acquired -by the Cities; that the Cities will acquire additional land, buildings, and other equipment and property for fire protection and related public health and safety purposes; that the Cities will in turn by contract make available such property to appropriate service providers, including the Fire Company; and that the Cities will share the respective costs thereof pursuant to the Formula and as further provided in paragraph IIID) of this Agreement. All property acquired pursuant to this Agreement is hereinafter referred to•as the "Property". III. Terms. Now, therefore, in reliance upon and in consideration of the mutual undertakings herein expressed, Blaine, Mounds View, and Spring Lake Park agree as follows: (A) a ....,_.:.,�._._ ^ .,....-..-..na -. ', exexc i such ne�cessa �x �. ' _ a" �i"::_ - . ry ` or convene en -" tmx_ a eCEuat&,-'the -1- purposes.: of this Agreement,- in the manner herein prescribed," or. as may otherwise be agreed upon from time to time. The Cities shall strictly account for and disburse all receipts and expenses under this Agreement and shall own all of the Property as provided in paragraph III(E) hereof. (B) Grey fan and Gvmpv_s_iticn of Admzn,' s�ratJ ve Committee . An Administrative Committee comprised of the three chief administrative officers of the Cities is hereby established. The Blaine City Manager shall maintain the files and records of the Committee. (C) Q=95 vdm'n'str tiv tete. The Administrative Committee's duties shall include, but not be limited to, the following: I. To administer the terms and provisions of this Agreement. 2. To periodically review fire service contract proposals. submitted by providers of fire protection and to make.' recommendations to the Cities regarding the terms` of such proposals'.- 3. roposals.-3. To periodically review the Cities' requirements for firefighting equipment or land and buildings to be used for fire protection services and to make recommendations to the Cities regarding the purchase, sale, maintenance, or lease of such firefighting equipment, land or buildings. 4. To review the annual budget for fire protection services to the Cities, to make recommendations thereon to the Cities, and to administratively monitor the execution of the approved annual budget for fire protection services. (b) 9hA"W__of Costg, All costs incurred pursuant to this Agreement, including annual operating costs, capital costs_ and annual debt service on any bonds or other obligations r hereafter issued pursuant to this Agreement, shall be borne by the Cities in their respective shares, as determined by the Formula from.year to year. Mounds View and Spring Lake Park agree to pay to Blaine, as and when requested, annual debt service on bonds or other obligations issued pursuant to this Agreement. (E) ownership a v rt . Property shall be held nominally in the name of the City of Blaine, but each of -2- the Cities shall have a percentage ownership interest in the Property, which percentage shall vary from time to time and equal that City's "Historical Share", hereafter described. For the years 1970 through 1990 the total capital costs under the Contract and its predecessor agreements or arrangements amounted to $1,332,566, of which Blaine contributed $857,694 (64.36%), Mounds View contributed $294,205 (22.08%), and Spring Lake Park contributed $180,667 (13.56%). Those Historical Shares shall be recomputed for each year based upon each Cities, additional contributions made pursuant to this Agreement. (F) Consent ang App ov For purposes of determining majority consent at the Administrative Committee level, or at the City Council level, each City shall have voting rights which equal its percentage share under the Formula at the time such decision is made, with each such decision being made on the basis of 50% + approval. (G) Sandzncs. For the purpose of defraying the expense of the acquisition, construction, furnishing, and betterment of land,-buildings, and equipment for municipal fire protection and firefighting purposes, the Cities believe it to be in their best interest that approximately $4,450,000 of bonds be issued. It is anticipated that such bonds would be issued by Blaine and would be general obligations of that City. Each City's share of the debt service on such bonds, or on any other obligations issued pursuant to this Agreement, shall from year to year equal that Cityrs Formula percentage for that year multiplied by the total amount of debt service due on such obligations in said year. No bonds shall be issued or other capital casts incurred under this Agreement without the majority consent and approval of the Cities, as described in paragraph TTI(F) above. The annual budget Ear fire protection services to the Cities under this Agreement shall he presented for review and approval to each of the City Councils; provided, however, that in making all decisions under this Agreement, including those described above, the Administrative Committee shall make recommendations. (H) P-ur.?Ltjon °f' &gxgemgnt— This Agreement shall remain in effect for an indefinite term. (I) nt = This Agreement shall be terminated within one year after the City Council of one of the Cities notifies the other Cities by resolution of its intent to withdraw from participating in this Joint Powers Agreement. The notice of intent to withdraw must be given one year in advance of the proposed termination date. Upon -3- receipt of a notice of intent to withdraw, the Administrative Committee shall make all the necessary arrangements to sell or dispose of the firefighting equipment and land or buildings acquired pursuant to this Joint Powers Agreement. The Cities shall obtain an appraisal of the firefighting equipment and land and buildings acquired pursuant to this Joint Powers Agreement to determine the depreciated value of the Property. If the Cities cannot agree on the appointment of an appraiser, the Chief Judge of the Tenth Judicial District shall appoint the appraiser. The appraised assets shall be disposed of in the following priority: I. In the event that the remaining two cities intend to continue to participate in this Agreement, the remaining Cities would purchase the interest of the withdrawing City and proportionately share the cost of purchase. For example, if Spring Lake Park withdrew, Blaine's current ownership interest is 64.36 and Mounds View's is 22.08%. Therefore be responsible for 64.36/86..44 ,.:. purchase, ?_ and_ Mounds . View; would. bar responsible+ fair 22.06/86.44, or, the, remainingr-25'.5'4�`-`°ofi;,tfii buy out.... The remaining Cities; shalwithiiit -9p� daysT o th'e' date_ of- the termination- of this= (I) Mis e a This Agreement shall be effective as of the date that all of the Cities shall have approVed and executed this Agreement, which shall, be governed by law of the State of Minnesota, and may be executed in any number of counterparts, each of which shall constitute an original hereof. In the event that any provision of this Agreement is declared unlawful or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the same extent as though said provision did not appear herein. IN WITNESS WHEREOF, the Cities of Blaine, Mounds View, and Spring Lake Park, Minnesota, have duly authorized the execution of and have duly executed this Agreement by their authorized representatives, respectively. Dated: November 15 ( SEAL) City of Blaine, Minnesota 1990 By: Its M or By;� Its City Manager Pursuant to authority granted by Blaine Resolution No. 90-3.18_, adopted on the 15th day of NQvemher , 1990. Dated: , 1990 (SEAL) Pursuant to authority granted by Mounds View Resolution No. _, ado ted on the 'L2 day of �c�oe�r 1990. -5- City of Mounds View, Minnesota By: �J Its Mayor By: Its Ci Cle k -Administrator i Dated: (SEAL) 1990 City of Spring. Lake Park, Minnesota By: Its'Mayor Its City Clerk--tf7aasurer 7 Fgirsuant to authority granted by S ring Lake Park Resolution No. 90-60 _1 adopted on the _1c)t-h day of November , 1990. -6- I EXHIBIT A Payment for the services provided by Fire Department shall be as follows: (a) The annual cost for fire protection to the City shall be determined using the following formula. A.C. = (F.C. + A.V.) x (O.C. - O.R.) (2) A.C. - Annual Cost F.C. - The percentage that the total number of Fire Calls to the City for the previous three years bears to the total number of Fire Calls to the Cities of Spring Lake Park, Blaine and Mounds View for the same period. A.V. - The percentage that the previous year Assessed Valua- tion (unadjusted tax capacity valuation). of the City bears to the total Assessed Valuation (unadjusted tax capacity valuation) of the Cities of Spring Lake Park, Blaine and Mounds View. O.C. - Total Budgeted Operating Cost, including debt ser- vice, as approved by the Cities. O.R. - Budgeted Non -City Revenues - to include only other contract funds.- ME Draft 7/30/93 Revised 11/29/93 CONTRACT TO FURNISH FIRE PROTECTION SERVICE TO THE CITIES OF BLAINE, MOUNDS VIEW AND SPRING LAKE PARK PROLOGUE The intent of this contract is to continue the ongoing relationship of 40 years between the Cities of Blaine, Mounds View, Spring Lake Park, and the Spring Lake Park Fire Department, Inc.; and to maintain the present mutual understanding thereby lending continuity, stability and credibility to the volunteer fire fighters to the end that they will continue to serve and maintain the high level of dedication and enthusiasm that presently exists. This agreement is effective the 1 st day of January, 1994 and is entered into by and between the Cities of Blaine, Mounds View, and Spring Lake Park, collectively referred to herein as "Cities", each of which is a municipal corporation and political subdivision of the State of Minnesota, and the Spring Lake Park Fire Department, Inc., a Minnesota nonprofit corporation, hereinafter referred to as "Fire Department". WITNESSETH: WHEREAS, the Cities of Blaine (herein "Blaine"), Mounds View (herein "Mounds View"), and Spring Lake Park (herein "Spring Lake Park") are parties to a Joint Powers Agree- ment for the Provision of Fire Protection Services, dated December 11, 1990 (herein referred to as the "Joint Powers Agreement"); and WHEREAS, nothing in this contract shall be construed in any manner to alter the existing legal relationship between the Cities of Blaine, Mounds View, and Spring Lake Park, or between any or all of the Cities and the Fire Department. WHEREAS, the purpose of the Joint Powers Agreement has been and is to be effectuated in part through the acquisition, construction, furnishing and betterment of land, buildings and equipment for municipal fire protection, fire fighting, and related public health and welfare purposes; and WHEREAS, the Cities enter into this contract pursuant to authority stated in their charters and applicable statutory provisions, and the Fire Department enters into this Agreement pursuant to authority of its Articles of Incorporation and By -Laws; and WHEREAS, the Cities own certain land, buildings and other equipment and property used for fire protection and related public health and safety purposes; and WHEREAS, the Cities and Fire Department intend that ownership of certain equipment, land, buildings and other property currently owned by the Fire Department will be conveyed to the Cities; and Fire Protection Service Contract Page 2 WHEREAS, the Cities will by lease make available such property and equipment to the Fire Department; and WHEREAS, the Fire Department is located in the Cities of Spring Lake Park and Blaine, and maintains a fully -equipped volunteer fire department which includes the necessary personnel, trucks, fire fighting equipment, and other appurtenances to provide fire protection service to the Cities; and WHEREAS, the Fire Department needs and requires payments by the Cities and others to cover its estimated costs of operation for providing fire protection in the Cities. NOW, THEREFORE, in consideration of the representations, warranties and agreements herein contained, and the considerations hereinafter set forth, the parties hereto agree as follows; ARTICLE 1 Conveyance of Fra ent 1.1 The Fire Department shall convey all its real property by warranty deed and all its equipment and personal property used to provide fire protection services by bill of sale to the City of Blaine, which shall hold said property pursuant to the provisions of the Joint Powers Agreement. The Fire Department shall convey such property free and clear of all encumbrances. The Cities agree to lease all such property to the Fire Department under the Lease attached hereto as Exhibit A. All such real property, equipment and personal property (excluding replaceable, low cost items of limited useful life) shall be listed on Exhibit A. The lease term shall run concurrently with this contract. ARTICLE 2 Services Provided 2.1 The Fire Department agrees to answer all calls for fire protection and related emergency services by sending out fire fighting equipment and personnel as soon as practical to such areas within the geographic limits of the Cities as designated by the official maps of the Cities, not including Metropolitan Airports Commission property, as requested by property owners in or residents of the Cities. 2.2 The Fire Department agrees to provide fire code inspection services as requested and paid by the respective Cities. 2.3 The Fire Department agrees to furnish fire service protection and personnel and such other related emergency services as requested by property owners in or residents of the Cities for the consideration set forth below, and agrees that its fire fighters will make every reasonable effort to attend all fires and related emergency occurrences when notified thereof. Provided, however, in the event the fire fighting equipment or some part thereof with attending personnel is engaged in fighting fires or in response to emergency calls within the Cities or is engaged pursuant to the Fire Department's agreements with the Metropolitan Airports Commission, the U.S. Army, the Capital City Mutual Aid Association, the City of Fridley Fire Department, the Anoka Fire Protection Council, the City of Andover Fire Department or other mutual aid agreements with -2- Fire Protection Service Contract Page 3 other communities, said Fire Department will respond to the call as soon as practical. The judgment of the Fire Chief, or the officer -in -charge of the Fire Department shall be final. Pro- vided, further, that road and weather conditions are such that the fire run can be made with rea- sonable safety to the personnel and equipment of said Fire Department. ARTICLE 3 Department Organization _/ Methods of Operation 3.1 The Fire Department agrees to remain at all times a nonprofit corporation under Minnesota Statutes Chapter 317A. It shall be operated exclusively to combat fires, prevent fires and perform other public safety assistance such as rescue work, emergency medical attention, natural or man-made disasters, or assistance to police. 3.2 The method of operation shall be determined by the Fire Department including, but not limited to, (i) apparatus response appropriate to each type of incident or condition; (ii) emergency or routine response; (iii) manning strength per station; (iv) location of apparatus; (v) fire dispatching procedures and protocols; (vi) membership in various fire -related associations; (vii) fire fighter training procedures; and (viii) all other activities usually associated with a Fire Department. 3.3 The Fire Department is an independent contractor and its members shall not be considered employees of the Cities paid by the Cities and shall not be entitled to any benefits usually accorded to regular employees of the Cities and paid by the Cities, including, but not limited to, such items as severance pay, health and welfare insurance benefits, retirement credit, workers' compensation coverage or other benefits normally considered to be employee fringe benefits for regular employees of the Cities. 3.4 The Fire Department agrees to maintain a minimum complement of SO trained volunteer firefighters. In the event that sufficient volunteers cannot be recruited and maintained overall or at any station, the Fire Department shall notify the Cities and, thereafter, the parties shall mutually develop a solution. 3.5 No additional permanent part-time or full-time employees shall be hired unless specifically authorized by the Fire Department budget. ARTICLE 4 Training The Fire Department shall at all times be in compliance with such equipment, personnel and training standards as may be required by the laws of the State of Minnesota and the Federal Government. -3- Fire Protection Service Contract Page 4 ARTICLE 5 Payment Payment for the services provided by the Fire Department shall be as follows: 5.1 Each City shall pay its share of the annual cost for fire protection to the Cities, which shares shall be determined, unless otherwise agreed by the Cities, using the following formula: A.C. = (F.C. + A.V.) X (O.C. - O.R.) (2) A. C. Annual Cost F.C. The percentage that the total number of fire calls to each City for the previous three years bears to the total number of fire calls to the Cities of Spring Lake Park, Blaine, and Mounds View for the same period. A.V. The percentage that the Assessed Valuation (unadjusted tax capacity valuation) of each City bears to the total Assessed Valuation (unadjusted tax capacity valu- ation) of the Cities. O.C. Total Budgeted Operating Cost as approved by the Cities. O.R. Budgeted Non -City Revenues - to include only other contract funds. 5.2 The annual amount determined in 5.1 shall be paid in nine monthly installments by the 15th of each month as follows: January - March 16% per month April - September 8 2/3% per month ARTICLE 6 Determination of Fire Department Budget 6.1 The annual Fire Department budget shall consist of the entire cost of operation of the Fire Department including the costs incurred by the Fire Department in financing the special fund of the Spring Lake Park Firemen's Relief Association, which shall be determined pursuant to the provision of Minnesota Statute 69.774, 6.2 Funds from non -City sources, including payments from the MAC, United States Army and mutual aid agreements shall serve as an offset against amounts required to be contributed by the Cities to the Fire Department Budget. 6.3 The Cities' Administrative Committee shall serve as a budget review committee. On or before June 15 of each year the Fire Department shall submit to the Cities' Administrative Committee a copy of the annual budget request for the succeeding year. -4- Fire Protection Service Contract Page 5 6.4 The Fire Department agrees to submit to the Cities a quarterly budget report and a copy of the Fire Department's annual financial report, as prepared by its certified public account- ant, no later than June 15 of each year. 6.5 Since the operating expenses of the Fire Department are largely a function of the number and magnitude of fire calls which cannot be accurately predicted, and since unexpected or increased expenses can result from emergencies and other unforeseen circumstances causing expenditures in excess of anticipated and budgeted amounts, it is agreed that if it is determined at any time by the Fire Department and confirmed by the Cities that budgetary appropriations are or will not be sufficient to cover such unexpected or increased expenses, the Cities shall pay to the Fire Department each City's pro rata share (according to 5.1) of the funds necessary to meet the unexpected expenses. 6.6 It is agreed that continuity of fire protection services constitutes a top priority for the allocation of the Cities' financial resources. In the event of any annual revenue shortfall in one or more of the Cities, it is agreed that the Fire Department operating budget may be reduced on the same basis as budgets for other services involved in exercise of the safety services of the Cities; provided that (i) the Fire Department's basic financial needs will be met by the Cities and (ii) the application of any operating budget reductions will be determined by the Fire Department. ARTICLE 7 Term and Renewability 7.1 This contract she replace all previous fire protection service contracts between the respective Cities and the Fire Department. The term of this contract shall be for 10 years from January 1, 1994 to December 31, 2003. The contract shall be effective upon execution and shall be automatically renewed for successive 10 -year periods on the same terms and conditions contained herein unless either party gives a six-month written notice to terminate this contract or renegotiate any portion thereof within the last year of any 10 -year increment of this contract. In the event the term of this contract expires prior to the execution of a subsequent contract and during the time in which negotiations between the parties are proceeding there shall be a 90 -day grace period commencing on the date of such expiration during which this contract shall continue in full force and effect. -5- Fire Protection Service Contract Page 6 ARTICLE 8 Payment of O erationaI Costs and Insurance 8.1 The Fire Department shall maintain insurance of the following types: (a) Workers' Compensation State of Minnesota - Statutory Employer's Liability (b) Comprehensive General Liability (including Premises -Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage; Contractual) Bodily Injury: $1,000,000 $1,000,000 products and completed operations. (c) Personal Injury Liability (with employment-related exclusions deleted) Limit: $1,000,000 per occurrence (d) Comprehensive Automobile Liability/Physical Damage (owned, non -owned, hired) Bodily Injury: $600,000 per person, per occurrence Property Damage: $600,000 per occurrence (e) Errors and Omissions Limit: $1,000,000 per occurrence (f) Excess Liability Limit: $1,000,000 per occurrence (aggregate) (g) Crimes Coverage $150,000 The Cities of Blaine, Mounds View, and Spring Lake Park shall be named as additional insureds. Insurance certificates evidencing that the above insurance is in force shall be submitted to the City of Blaine. The insurance certificates shall specifically provide that a certificate shall not be modified, canceled, or non -renewed except upon thirty (30) days prior written notice to the Cities. ARTICLE 9 Duty of Care The Fire Department shall not be Iiable in any way to the Cities or any inhabitant or property owner thereof, or to any other person, firm, or corporation for failure of said Fire Department to attend or put out a fire, except to the extent of its applicable insurance coverages. Fire Protection Service Contract ARTICLE 10 Benefit Page 7 This contract shall be binding upon and inure to the benefit of the successor of the Cities and the Fire Department. In the event the Joint Powers Agreement between the Cities is terminated, negated or no longer in force, each of the Cities shall become a party to a separate agreement with the Fire Department on the same terms and conditions as the then existing Contract to Furnish Fire Protection Service between the Cities and the Fire Department. ARTICLE I I Notices Any notice required or permitted to be given under this contract shall be given in writing, and shall be sent by mail to the registered address of the Fire Department, the Administrative Committee or the Cities. ARTICLE 12 Choice of Law The provisions of this contract shall be construed in accordance with the laws of the State of Minnesota. ARTICLE 13 Headings and Captions The headings and captions of the paragraphs and articles of this contract are inserted for convenience or references only and shall not constitute a part hereof. ARTICLE 14 Entire A reement This contract contains the entire understanding between the Cities and the Fire Depart- ment concerning the subject matter hereof, and the provisions applicable thereto cannot be amended, altered, enlarged, supplemented, abridged, modified, extended, or waived except in writing duly signed by all the parties hereto. ARTICLE 15 Counterparts This contract may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. -7- Fire Protection Service Contract ARTICLE 16 Miscellaneous Page 8 16.1 The Fire Department shall maintain fire stations and equipment leased from the Cities in good order and repair, subject to normal wear and tear, and in compliance with all state, federal and National Fire Department Association regulations for the maintenance and use of such stations and equipment. 16.2 The Cities shall indemnify and hold harmless the Fire Department and, only to the extent of its applicable insurance coverages, the Fire Department shall indemnify the Cities, and their respective volunteers and employees from any claims, suits, demands or causes of action arising out of loss or damage caused to a person, persons, or property by reason of the negligent acts or omissions of the respective parties' officers, employees or agents. 16.3 It is agreed that the Fire Department may contract to provide fire protection services to entities other than the Cities only upon the express authorization of the Cities, except for agreements existing at the date of this contract with the MAC, the U.S. Army, the Capital City Mutual Aid Association, the City of Fridley Fire Department, the Anoka Fire Protection Council, the City of Andover Fire Department or other mutual aid agreements. IN WITNESS WHEREOF, the parties hereto have executed this contract effective the day and year first -above written. Pursuant to authority granted by Blaine Resolution No. adopted on the day of , 1993. Pursuant to authority granted by Mounds View Resolution No. adopted on the day of , 1993. CITY OF BLAINE, MINNESOTA: By: Its Mayor By: Its City Manager CITY OF MOUNDS VIEW, MINNESOTA: LIM Its Mayor By: Its Clerk/Administrator -8- Fire Protection Service Contract Pursuant to authority granted by Spring Lake Park Resolution No. adopted on the day of 1993. Page 9 CITY OF SPRING LAKE PARK, MINNESOTA: By: _ Its Mayor By: Its Clerk/Treasurer SPRING LAKE PARK FIRE DEPARTMENT INC.: so � fl: AMENDMENT NO. 1 TO CONTRACT TO FURNISH FIRE PROTECTION SERVICES TO THE CITIES OF BLAME, MOUNDS VIEW AND SPRING LAKE PARK This Amendment is effective the 24th day of _Illy 1p , 1996 and is entered into by and between the cities of Blaine, Mounds View and Spring Lake Park (collectively, the "Cities"), each of which is a municipal corporation and political subdivision of the state of Minnesota, and the Spring Lake Park Fire Department, Inc., a Minnesota nonprofit corporation (the "Fire Department"). WHEREAS, the Cities and the Fire Department are parties to the Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park dated as of January 1, 1994 (the "Contract"); and herein. WHEREAS, the Cities and the Fire Department desire to amend the Contract as provided NOW, THEREFORE, and consideration of the representations, warranties and agreements herein contained, and the considerations hereinafter set ,forth, the parties hereto agree that Section 3.4 of the Contract is hereby amended and restated as follows: 3.4 The Fire Department agrees to maintain a minimum complement of 60 trained volunteer firefighters. In the event that sufficient volunteers cannot be recruited and maintained overall or at any station, the Fire Department shall notify the Cities and, thereafter, the parties shall mutually develop a solution. For the purposes of this Section 3.4 the term "firefighters" shall mean all personnel that are volunteers, including chiefs, prevention personnel and suppression personnel. CP01:586162 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective the day and year first -above written. Dated: July 18, 1996 Dated: __June 24, 1996 Dated: Dated: July 24, 1996 CITY OF BLAIlVE, MINNESOTA: Its/Mavor Pr6, em �_40'i,j?F" CITY OF MOUNDS VEW, MINNESOTA: 111 1v'iayor � Its CterklAdministritor CITY OF SPRING LAKE PARK, MIlYNESOT : By: . Its Mayor By: Its CIerk/Treasurer CPOI:5961621 2 O o O O r CA r Cl) N C r d V d IL v Ln c ur co to) 0) G If) Q � r CL S7 4V d Wk N e r C(f M c Cl) h r M Ln IG M �} r O N V> � t m N Gro 01 N N N M 0 d' N N <O N r N et h r r N N a) 0 o m e o ff> to d CL J � cn m m m 7 L 7 L m U) CO ri) M& d co 0 0 M vrn h r- N N a) N' N IA V? fA cm o w a co r M 0) OI M w G7 q .4i CO {O N 1- W YY N N O h h N N ff> to d CL J � cn m m m 7 L 7 L m U) CO ri) M& d vrn ■ e co rn r IL u) ■ m c m cd O N 0 (O CDW-4MCT W �I 0 M.9h. 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