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<br /> ARDEN HILLS CITY COUNCIL - NOVEMBER 30, 1998 DRAFT 9 <br /> , <br /> e Councilmember Larson stated that the previous agreement had provided for any annual surpluses <br /> being returned to the cities and asked why this language does not appear in the new agreement. <br /> Mr. Fritsinger stated this question came up during the joint meeting in August and he did not <br /> recall exactly why this language was deleted. One of the LNFD representatives explained the <br /> discussion during the August meeting had been related to the return of excess funds and coverage <br /> for when the Fire Department was forced to go over budget. It was determined that this issue <br /> would be handled by the Fire Board. Mr. Fritsinger also pointed out that over the years any <br /> surpluses have been returned to the cities. <br /> Councilmember Larson stated his concem for having the Fire Board handle this issue was that <br /> the Fire Board was an advisory body and he was not sure that the Board would be the appropriate <br /> body to handle this type of requirement. <br /> Councilmember Larson stated another issue he had was with the reason for dropping the dispute <br /> resolution provision. He indicated, upon reviewing the Joint Powers Agreement, it states the Fire <br /> Board can make reconunendations regarding the rights and responsibilities of the Department <br /> and the individual cities, however, it was not a body which can resolve disputes that may remain <br /> between the four parties. Mr. Fritsinger indicated the idea behind creating a Joint Powers <br /> Agreement with a Fire Board was for this body to serve in the roll of bringing agreement <br /> between the parties rather than going to an outside source. During the last term of the agreement <br /> the arbitration process was not used. Therefore, during negotiations, it was decided that there <br /> . was not enough interest in trying to utilize this approach. It was determined that the Fire Board <br /> would deal with these issues. <br /> Councilmember Larson indicated, if a dispute between the three cities and the Fire Department <br /> arises that the Fire Board can not resolve, the cities hold the majority vote on the Board and the <br /> results may not be satisfactory from the Fire Department's point of view. <br /> Councilmember Larson conunented that, in reviewing the requirements of the various parties, he <br /> was unable to determine what Arden Hills' requirements are with regard to the budget. He <br /> asked, does the City simply receive the budget and approve it, or will the Council have the <br /> opportunity to review the budget and make necessary changes. Mr, Fritsinger stated the intent <br /> was to deal with the budget in the same way as with the agreement with the Ramsey County's <br /> Sheriff Department. The Fire Board will review the budget issues and will hold the major <br /> discussions on policy and prevention action issues, The Board will attempt to resolve any issues <br /> prior to submission to the various Councils. The Councils have the right to review issues which <br /> affect the budget and, if appropriate, take action which may not necessarily be in agreement with <br /> the Fire Board, <br /> Councilmember Larson stated his last question was regarding dissolution. He indicated that the <br /> Fire Protection Agreement assumes this could happen in two ways, by Fire Department initiated <br /> action and by city initiated action. In the case of city initiated action, it assumes all three cities <br /> e act together to dissolve the Fire Department. There was a provision that the City of Arden Hills <br /> review the agreement every five years and make a decision whether or not to continue the <br /> agreement for another five years, There was also a provision which allows the City to terminate <br /> the agreement with a one-year notice. If the cities act unilaterally and there was an issue the City <br /> of Arden Hills was unsatisfied with and the two other cities are not, it appears that there was no <br />