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Home My WebLink About10-18-21-WSAGENDA ITEMS Speed Limit Discussion MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF State Of The City Update MEMO.PDF Water Meters Update MEMO.PDF Sale Of City Owned Parcel At 3588 Ridgewood Road MEMO.PDF ATTACHMENT A.PDF 2022 Liquor And Tobacco License Fees MEMO.PDF LJFD Update MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Community Development Staffing MEMO.PDF Council Tracker MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Steve Scott City Council Work Session Agenda October 18, 2021 5:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. 1.A. Documents: 1.B. Documents: 1.C. Documents: 1.D. Documents: 1.E. Documents: 1.F. Documents: 1.G. Documents: 1.H. Documents: 2. AGENDA ITEMSSpeed Limit DiscussionMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFState Of The City UpdateMEMO.PDFWater Meters UpdateMEMO.PDFSale Of City Owned Parcel At 3588 Ridgewood RoadMEMO.PDF ATTACHMENT A.PDF 2022 Liquor And Tobacco License Fees MEMO.PDF LJFD Update MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF Community Development Staffing MEMO.PDF Council Tracker MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor:David GrantCouncilmembers:Brenda HoldenFran HolmesDave McClungSteve Scott City Council Work Session Agenda October 18, 2021 5:00 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.This meeting will be streamed live on local Cable Channel 16 and available for playback on our website.CALL TO ORDER1.1.A.Documents:1.B.Documents:1.C.Documents:1.D.Documents: 1.E. Documents: 1.F. Documents: 1.G. Documents: 1.H. Documents: 2. Page 1 of 3 AGENDA ITEM – 1A MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: John Morast, HR Green - Transportation David Swearingen, Public Works Director / City Engineer SUBJECT: Speed Limits Discussions Budgeted Amount: Actual Amount: Funding Source: $0 $15,000 - $17,000 General Fund – Street Maint Council Should Consider • Pursuing a City-wide speed limit transition • Request a proposal from HR Green to administer the City-wide speed limit transition Background On July 17, 2021 Work Session, City Council reviewed a presentation that discussed neighboring communities’ actions, a list of City streets eligible for speed limit change, and several options in which the Council could choose. Council requested a high-level cost estimate of the City-wide speed limit transition, which was reported to Council in the September 24, 2021 Admin Update. The initial estimate was $7,000 to $9,000, plus Public Works crew time. Discussion A further review of street speed limits and street signs, determined where new city-wide speed signs could be placed, what speed limit signs can be changed to a reduced speed limit, which 30 MPH speed limit signs need to remain (on MSA roads), where new 30 MPH speed limit signs can be placed on MSA roads and where old 30 MPH signs on City streets can be removed. Page 2 of 3 Proposed City-Wide 25 MPH Speed Limit Entry Signs With a city-wide reduction of the speed limit to 25 MPH, city-wide 25 MPH speed limit signs should be placed at appropriate City entry points to provide this information to as many vehicles as possible. Reviewing City entrance points and significant street sections, approximately 28 City-Wide 25 MPH speed limit signs should be installed. Final numbers and locations will be verified after site visits and follow up coordination discussions with Ramsey County Traffic and Sheriff’s office. City-wide speed limit signs have more information than standard speed limit signs (and could have a city logo, depending on how Council would like the signs designed) and are more expensive that standard signs. Twenty-eight City Wide 25 MPH Speed Limit Signs, with posts and foundations Estimated at $75/sign installation Total Sign Cost ~ $2,100 City Crew time – 56 hours @ $60/crew Total Costs ~ $5,500 Proposed Speed Limit Signs for City and MSA Roads with Insufficient Signing Per the State Statute, the City doesn’t have the authority to reduce speed limits on MSA roads. Since the MSA default speed limit is 30 MPH, not all have 30 MPH speed limit signs. With the city-wide speed limit reduction to 25 MPH, some additional 30 MPH should be installed to reinforce their actual speed limits. We have identified approximately eight locations on MSA streets that should receive these additional 30 MPH signs along Parkshore Dr, Valentine Ave, Dunlap St, Glenpaul Ave, and Ingerson Rd. Eight 30 MPH Speed Limit Signs, with posts and foundations Estimated $60/sign installation Total Sign Cost = $480 City Crew Time – 16 hours @ $60/crew Total Costs ~ $1,500 Proposed 25 MPH Speed Limit Signs on City Streets City streets with 30 MPH speed limit signs also need to be replaced with 25 MPH signs. A total of 25 signs have been identified as needing to be replaced. Replacement should typically be the sign only, depending on the condition of the post and foundations. Twenty-five 25 MPH signs (sign only) Estimated at $40 per sign Total Sign Cost - $1,000 City Crew Time – 48 hours @ $60/crew Total Costs ~ $4,000 Removal of Existing 30 MPH Signs on City Roads Several city owned streets have 30 MPH signs installed. These signs will need to be removed to be compliant with the new city-wide speed limit. Eight 30 MPH are existing and will be removed, unless it is further determined they should be replaced with a new 25 MPH sign Page 3 of 3 instead. Removal will include removing the sign, post and foundation, plus any repairs to the ground as necessary. Eight city street 30 MPH signs to be removed City Crew Time – 16 hours @ $60/crew Total removal Costs ~ $1,000 Consultant time for coordination, reports, presentations, sign locations, etc. $3,000 - $5,000 Budget Impact Budget impacts for finalizing speed reduction and sign installations is approximately $15,000 - $17,000. There should be sufficient funds remaining in the Sealcoating/Resurfacing budget to cover the cost of this item. Attachments Attachment A - Speed Limit Location Map (North) Attachment B - Speed Limit Location Map (South) L A K E V A L E N TI N E R DROUND LAKE RD WAMBL E DRSNELLING AVE NCOLLEEN AVE VENUS AVE ARDEN VIEW DR AMBLE RD GRAMSIE RD FLORAL DR W GLENVIEW AVE KARTH LAKE DR GATEWAY BLVD W Y N CR E S T CUMMINGS PARK DR ROYAL LN FAIRVIEW AVE NCRYSTAL AVE PLEASANT DRV A L E N T IN E A V E INDIAN OAKS TRLBRIARKEITHSON DRNURSERY HILL LN DAWN CIR W JAMES AVEJANET CT NORMA AVEA R D ENVIEWCTR O Y KARTH LAKE C I RGALE CIRMCCLUNG DR WYNCREST LNPARKSHORE DR EIDE CIR NURSERY HILL CT VALENTI NE CTC O L L E E N C T G LE N VI E W CT AMBLE CIRCOLLEEN CIRROLLING HILLS RDNORMA CIRNORMAAVEWYNRIDGE PLEASANT CIR ARDEN INDIAN OAKS CT JAMES CIRDELLVIEW AVEDELLVIEW AVEDELLWOOD STGATEWAY CT VALENTINE CREST RD BRUEBERR Y LN BRIARKNOLL CIRWEDGEWOOD CIRPRIOR A VEINDIAN OAKS CIR FAIRVIEW AVE NINTERSTATE 35WOLD HIGHWAY 10OLD SNELLINGVENUS AVEINTERSTATE 35WLAKE VALENTINE RDINTERSTATE 35WROUNDLA K E R D W O L D H I G HW A Y 1 0 LAKESHORE PL INTERSTATE 694 INTERSTATE 694 H I G H WA Y 1 0 COUNTY ROAD 96 W COUNTY ROAD 96 W ABELE ST (Private)TODD DR (Private)TODD DR (Private) P RIO R A V E N(Pr i vate)LISA LN (Private)LIS A C T (P riv ate)PRIOR CT(Private)TODD DR (Pri vat e)PRIOR AVE N(Private)COUNTY ROAD I W COUNTY ROAD I W LEXINGTON AVE NLEXINGTON AVE NKNOLL DR VISTA CTDAWN CIR E C OLLEEN AV E ARDENVIEWDR COUNTY ROAD F W INNOVATION WAY (Private)FERNWOOD STPLEASANT DR A M B L E D R COUNTY ROAD 96 W LEXINGTON AVE ND R CT BOSTON SCIENTIFIC DR (Private)BETHEL DRHAMLINE AVE NHAMLINE AVE NKEITHSON DR AL HILLS DRTony Schmidt Regional Park Valentine Park Floral Park Royal Hills Park Cummings Park Arden Manor Park Rice Creek Regional Park Community Gardens Valentine Lake Round Lake Karth LakeSun Fish Lake Marsden Lake !?!? !? !?!?!?!?!? !? !? !? !? !? !? !? !? Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community City of Arden Hills Speed Limit Signs Ü Document Path: P:\GIS_Data\PDF_Maps\SpeedLimits and SpeedSigns.mxdLegend !?Proposed MSA Speed Signs !?Proposed City Wide Speed Limit: 25MPH State Aid Roads SPEED LIMIT 25 SPEED LIMIT 30 SPEED LIMIT 35 SPEED LIMIT 40 0 0.25 0.50.125 Miles Attachment A STOWE AVE L A K E V A L E N TI N E R D RED FOX RD GREY FOX RD INGERSON RDROUND LAKE RD WSIEMS CTCOLLEEN AVE GLEN PAUL AVE TILLER LN H AM LINE VENUS AVE THOM DR GLENARDEN RDCHATHAM AVEAMBLE RD NOBLE RD GRAMSIE RD ARDEN PL GRANT RD OAK AVE EDGEWATER AVE JERROLD AVE DUNLAP ST NHARRIET AVE FLORAL DR W GLENVIEW AVE GATEWAY BLVD W Y N C R E S T CARLTON DR F O R EST LN PRIOR AVE NCUMMINGS PARK DR ROYAL LN KATIE LN PINE TREE DRFAIRVIEW AVE NRIDGEWOOD RDCRYSTAL AVE ARDEN OAKSDR V A L E N T IN E AV E BENTON WAYINDIAN OAKS TRL SKILESLNBRIA RBECKMAN AVE LAMETTI LN M C C RA C K E N L N ASBURY AVE NBUSSARD CT DAWN CIR W JAMES AVEJANET CT CANNONGLENHILL RDNORMA AVEA R D ENVIEWCTR OY KATIE CT GL ENARDENCTRIDGEWOOD CTGALE CIRMCCLUNG DR WYNCREST LNS A N D E E N R D PARKSHORE DR EIDE CIR NORTH-WOODS DRNURSERY HILL CT C U M M I N G S L NVALENTINE CTINGERSON CT C OLL E EN C T G L E N VIE W C T HUNTERS CT SHORELINELNPASCAL AVE NLAKE LN NCONNELL Y AVE THOM CT AMBLECIRCHATHAM CTCOLLEEN CIRROLLING HILLS RDARDEN OAKS CTNORMA CIRI NDI AN PLEDGEWATER AVENORMAAVE TILLER LNSNELLING AVE NDUNLAP ST NARDENP L S KIL E S LN FAIRVIEW AVE NHAMLINE AVE NG L E NH I L L RD WY NRIDGE ARDEN INDIAN OAKS CT JAMES CIRDELLVIEW AVEDELLVIEW AVEDELLWOOD STGATEWAY CT VALENTINE CREST RD BRUEBERR Y LN BRIARKNOLL CIR DELLWOOD AVELAMETTI CIRWALDEN PLWEDGEWOOD CIR INDIAN OAKS CIR C H A T H A M CIR L A K E J O H A N N A B L V D LAKE JOHANNA BLVDRIDGEEDGEWATER AVEFAIRVIEW AVE NFERNWOOD STSNELLING AVE NSHORELINELNK A T IE LN COUNTY ROAD D W SHOREWOODDR LAKE LN COUNTY ROAD E W LAKEJOH A N N A BLVD GLEN PAUL AVECLEVELAND AVE NNEW BR IGHT ON RDNEW BRIGHTON RDHUDSON RDTHOM DRCLEVELAND AVE NBRIGHTON WAYNEW BRIGHTON RDINTERSTATE 35WCOUNTY ROAD E2 W C O U N T Y R O AD E 2 WLAKEVIEWCT C H A T H A M A V E SIEMS CTARDEN PL GLE N A RDENRDOLD SNELLINGARDEN OAKS DRSNELLING AVE NBETHEL DROLD HIGHWAY 10OLD SNELLINGVENUS AVEINTERSTATE 35WLAKE VALENTINE RD Y 1 0 INTERSTATE 694 INTERSTATE 694 KNOLL DR VISTA CTDAWN CIR E C OLLEEN AV E DR COUNTY ROAD F W INNOVATION WAY (Private)FERNWOOD STA M B L E D R LEXINGTON AVE NLEXINGTON AVE NDR CT BOSTON SCIENTIFIC DR (Private)BETHEL DRBETHE L DR COUNTY ROAD E W LEXINGTON AVE NBENTON WAYAVE INGERSON RD AVE NWOOD RDCOUNTY ROAD E HAMLINE AVE NHAMLINE AVPrivateKATIE LNAL HILLTony Schmidt Regional Park Crepeau Nature Preserve Hazelnut Park Ingerson Park Freeway Park Tony Schmidt Regional Park Sampson Park Lindey's Park Charles Perry Park Tony Schmidt Regional Park Valentine Park Floral Park Royal Hills Park Cummings Park Johanna Marsh Arden Oaks Park Community Gardens Lake Josephine Lake Johanna Valentine Lake Round Lake h Lake!?!? !? !? !? !?!? !?!?!?!? !? !? !?!? !? !? !? !? !? !? !? !? !? !? !? !? !? !? Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community City of Arden Hills Speed Limit Signs Ü Document Path: P:\GIS_Data\PDF_Maps\SpeedLimits and SpeedSigns.mxdLegend !?Proposed MSA Speed Signs !?Proposed City Wide Speed Limit: 25MPH State Aid Roads SPEED LIMIT 25 SPEED LIMIT 30 SPEED LIMIT 35 SPEED LIMIT 40 0 0.25 0.50.125 Miles $WWDFKPHQW% Page 1 of 1 AGENDA ITEM – 1B MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: State of the City Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may provide further direction on the planning of the State of the City. Background The State of the City is currently being planned as a pre-recorded event, which will be distributed in November. Council will be provided a draft slide deck for review and feedback. Council will also want to discuss who will be handling the different sections of the presentation. Following this discussion, Staff will work on a finalized presentation and firm up any remaining details with Nine North. Budget Impact N/A Attachment N/A Page 1 of 2 AGENDA ITEM – 1C MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Water Meters Discussion RTR vs HRE Encoders Budgeted Amount: Actual Amount: Funding Source: N/A N/A Water and Sewer Funds Council Should Consider Council should consider discussion of water meter readings billed between 2018 and 2020. Background The City utilizes many different models and sizes of meters throughout the City. The standard or local encoder supplied to the City for many years was the Recordall Transmitter Register (RTR), which consists of a straight-reading odometer-type display. Sometime in 2018, the encoders starting changing to a High Resolution Encoder (HRE). Depending on the meter model, size and unit of measure, a multiplier may need to be applied with these HRE’s to come up with the actual consumption figures. With the standard residential meter (M25 ¾”), a multiplier of 10 is needed to calculate the usage. I am not sure if it was brought to anyone’s attention that these new encoders required a different setup process in Springbrook when they were introduced. I found an email from April 2019, where finance staff asked questions about the encoders and what was required to obtain accurate consumption figures. It appears most of the devices setup after that time were entered correctly. Discussion I have been reviewing and auditing utility billing accounts and with the implementation of Beacon (new meter software), I have been able to perform analytics on information entered on our system. I have found paperwork on 10 properties where encoders were replaced since 2018 that state the old RTR encoder was replaced with an HRE encoder (4 were replaced in 2018 and 6 were replaced in 2019). This information was not reflected on those 10 customer accounts. What this means is that those customers were paying for usage that was 10 times less than what they used. Their bill would have said 500 gallons when they were actually using 5,000 gallons because the multiplier of 10 was not being applied. Page 2 of 2 Their accounts have all been updated and the reads were corrected as of 7/1/2021. What this means is that their 3rd quarter bill for July – September 2021 was for their actual usage amount as it included the multiplier of 10. I have calculated the total amounts not billed for each of the customers between 2018 and 2021. The amounts range from $561.24 to $1,835.77, with a total for the 10 properties of $13,716.63. These amount have not yet been billed to the customers. Staff has not yet contacted the affected property owners as we wanted direction from Council on how to proceed. I have also compiled a list of 10 more properties that we need to check to see if they have an RTR or HRE encoder. Their encoders were changed out since 2018 but the paperwork did not specify the type of encoder installed. Upon review of the usage history for this list of properties, there is a possibility that at least 3 of them have HRE encoders. Staff is adding a step to their procedures to have a second sign off on new device installations and to review consumption usage for the first full quarter on all new device installations to make sure the consumption seems in line with other customers. Council Direction Staff is seeking direction from the City Council on if any portion of the unbilled amounts should be charged to the customers? Budget Impact Water and sewer revenue totaling $13,716.63 has not been billed to the 10 customers whose devices were setup incorrectly in our software system. Page 1 of 2 AGENDA ITEM – 1D MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Senior Planner SUBJECT: Sale of City Owned Parcel at 3588 Ridgewood Road Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following The City Council should discuss and provide direction on selling the City owned parcel at 3588 Ridgewood Road. Background At the August 16th City Council Work Session, the Council discussed whether or not there was interest in selling the parcel and directed Staff to proceed with the process for potential listing. Additionally, the Council discussed the options for processing of a variance. The consensus of the Council was that any future listing of the property would disclose to a potential Buyer that they would need to have the variance applied for and approved prior to the closing of the property, as part of the purchase agreement. This way the City has an opportunity to approve the concept of buildability as long as all yard setbacks and design standards are met. To date, the Council has not granted any variances on the site or reviewed/approved any site layouts, nor will any variances or approvals be guaranteed. Those items will be considered at a later date and would be up to the Future Buyer to provide documentation on site layout and code compliance. It would also be the Future Buyer’s responsibility to do their due diligence on needed site work, to include, but not limited to grading, driveway access, and other modifications needed for construction. The City will not provide an opinion on development needs. Based off of the direction given by the Council, Staff presented this item to the Planning Commission for review of consistency with the City’s Comprehensive Plan. The City has verified that the parcel is not dedicated for a public purpose that would prohibiting the sale (i.e. park land or public improvements). The parcel is not identified in the City’s Comprehensive Plan as a site for future development to meet the needs of city infrastructure or operational activities. At their October 6th meeting, the Planning Commission motioned by a 5-0 vote that a potential sale of City owned property at 3588 Ridgewood Road would be in compliance with the City’s Comprehensive Plan. Page 2 of 2 Staff will mention that during the Commission’s review, they had discussed whether or not conditions could be included directing the process of the land sale. There was public comment allowed at their September 8th meeting which sparked dialogue about the possibility for Right of First Refusal to the immediately adjacent Property Owners. The City Attorney has confirmed that the Planning Commission does not have the authority to add conditions to direct the terms of the sale and that type of action would fall under the purview of the City Council. With the Commission’s decision on October 6th, Staff is bringing this discussion back to the City Council for direction on next steps for listing the parcel. The City Attorney has confirmed that a competitive bidding process for the sale is not required. Possible actions for consideration: • Conduct an appraisal of the property to determine listing price. Ramsey County records show the value of the parcel at $68,400. • Market the property to adjacent Property Owners at 3583 Snelling Avenue and 3570 Ridgewood Road or broaden sale to the general public. Any future listing would clearly outline the conditions of sale as previously discussed. • If public listing then determine if Staff will market the property or contract with a licensed real estate agent/broker. o Staff has been approached by a realtor about the process for agent/broker selection. • List the property and allow a defined period of time for offers to be submitted. Next Steps Staff is looking for Council direction on next steps for selling the city owned parcel at 3588 Ridgewood Road. Budget Impact N/A Attachments A. Property Location Map Location Map Tax Parcels _Query result Personal Property Tax Parcels Cities County Offices 8/12/2021, 9:06:37 AM 0 0.03 0.050.01 mi 0 0.04 0.080.02 km 1:1,200 Ramsey County Ramsey County MN Page 1 of 2 AGENDA ITEM – 1E MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk Jolene Trauba, Deputy Clerk SUBJECT: 2022 Liquor and Tobacco License Fees Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration The Council may provide preliminary direction on 2022 liquor and tobacco renewal license fees. Background The City’s liquor and tobacco license fees have remained level, with no increases in these fees for at least ten (10) years. In order for the licensing renewal paperwork to be provided to the local businesses and returned to City staff in a timely manner to ensure the necessary approvals, staff is seeking guidance now on whether or not the City Council anticipates any potential change in these particular license fees. The chart below references the current Fee Schedule: Page 2 of 2 Staff collected liquor and tobacco license fee comparisons from seven surrounding cities: Mounds View, Little Canada, Vadnais Heights, Shoreview, New Brighton and Roseville. Regarding the tobacco license fee, Arden Hills falls in the middle at $300, with two cities charging slightly more and four cities charging slightly less ($200 for the lowest and $345 for the highest). Liquor license fees are more complex as there are various types of licenses (off-sale, 3.2 on-sale, 3.2 off sale, wine, on-sale (which includes all intoxicating liquor), and Sunday sales), but Arden Hills fees also fall in the middle for most of these types. With COVID affecting so many businesses this past year and a half, the City Council may determine that an increase in license renewal fees are not warranted at this time; however, staff wanted to present the opportunity for discussion and direction from the Council. This would allow for ample time to facilitate the renewal mailing and inform the licensees of any anticipated changes. Please note that staff is seeking direction now solely for the license renewal fee for tobacco and liquor applications. If the Council wishes to potentially amend the background investigation fee and violation fees (note violations have certain caps by State Statute), those items can be discussed at the November work session along with the general fee schedule. Budget Impact Currently there are 10 businesses that hold liquor licenses resulting in a total of $32,262.50 in licensing fees (this does not include the background check fee). There are 6 businesses that hold a tobacco license resulting in a total of $1,800 in licensing fees. Attachment N/A Page 1 of 1 AGENDA ITEM – 1F MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Lake Johanna Fire Department JPA Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may provide further direction on the formation of a Joint Powers Agreement (JPA) for the future Lake Johanna Fire Department (LJFD) Headquarters. Background The City Council discussed the LJFD JPA at its September work session, an updated draft JPA is attached (Attachment A) and the previous memo is attached under Attachment B for more background information. Following September’s discussion, Council requested a few changes, such as, clarifying the language under the bonding section. Also, a clarification will be added regarding the timing of construction that will state that a station cannot be built without the mutual consent of all three cities even prior to the June 30, 2026 deadline. The larger issue discussed was the voting structure, the original proposal was Shoreview had three votes, while Arden Hills and North Oaks having one vote each. September’s discussion revolved around the possibility of one vote each. This was brought back for a staff level discussion; it would likely not work with a one vote each scenario for all three cities, but a Shoreview two vote and one vote for Arden Hills and North Oaks was discussed. Council will be asked if they are comfortable with this voting scenario at the work session. Budget Impact N/A Attachment Attachment A: Updated LJFD JPA Attachment B: September Work Session Memo JOINT POWERS AGREEMENT BETWEEN CITY OF SHOREVIEW, MINNESOTA, CITY OF ARDEN HILLS, MINNESOTA, AND CITY OF NORTH OAKS, MINNESOTA FOR THE LAKE JOHANNA FIRE DEPARTMENT HEADQUARTERS THIS AGREEMENT is made and entered into the ___ day of __________, 2021 by and between THE CITY OF SHOREVIEW, a municipal corporation and political subdivision of the State of Minnesota, THE CITY OF ARDEN HILLS, a municipal corporation and political subdivision of the State of Minnesota, and THE CITY OF NORTH OAKS, a municipal corporation and political subdivision of the State of Minnesota (the three cities maybe referred to as the “parties”). RECITALS WHEREAS, each City is responsible for providing fire protection and prevention services for the people and institutions within its boundaries; and WHEREAS, each City contracts with Lake Johanna Fire Department to provide each City’s fire protection and preventions services; and WHEREAS, the costs of said fire protection and prevention services are allocated pursuant to contracted service agreements between the Cities and Lake Johanna Fire Department; and WHEREAS, Lake Johanna Fire Department identified vacant property owned by Bethel University on Pine Tree Drive in the City of Arden Hills (“the Property”)as a potential site for a new fire station; and WHEREAS, the Property is large enough to accommodate headquarters for Lake Johanna Fire Department and has improved access ideally situated to cover southern Arden Hills and Shoreview as well as the entire service area for Lake Johanna Fire Department; and WHEREAS, Lake Johanna Fire Department purchased the Property on October 15, 2020 for $1,350,000 plus closing costs for a total of $1,353,177.50, and Lake Johanna Fire Department will also pay $325,000 for road construction costs; and WHEREAS, Minnesota statutes. Section 471.59 authorizes governmental units by agreement of their governing bodies jointly and/or cooperatively to exercise any power common to the contracting parties and to provide for a joint board representing the parties to the agreement; and WHEREAS, the purpose of this agreement is to establish a joint powers board, the Lake Johanna Fire Department Headquarters Board (“Board”) for the purposes of acquiring the Property and constructing improvements on the Property, a headquarters for Lake Johanna Fire Department (“the Project”); and 2 WHEREAS, the new fire station would be owned and operated by the Board to serve the three contract cities of Arden Hills, North Oaks, and Shoreview. AGREEMENT NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the City of Shoreview, the City of Arden Hills, and the City of North Oaks agree as follows: 1 Lake Johanna Fire Department Headquarters Board 1.1 Composition. The Board shall be made up of four total members. Two members shall be City Councilmembers from the City of Shoreview. One member shall be a City Councilmember from the City of Arden Hills. One member shall be a City Councilmember from the City of North Oaks. 1.2 Quorum. To approve any act, the proposed action must receive at least 3/4th’s vote. Quorum shall be 4 Board members. 1.3 Bylaws. The Board shall pass Bylaws at the earliest possible time. 2 Agreement between the Parties 2.1 Land Transfer. This Joint Powers Agreement is contingent upon Lake Johanna Fire Department transferring the Property to the Board. 2.2 Cost share and ownership interest. The cost share formula will be used to allocate each City’s ownership interest in the land and any improvements thereon, which is currently defined as 25% population, 25% households, 40% fire calls, and 10% assessed value. 2.3 Bond issuance. At the time financing is needed for the construction of a new station, the financing will be provided by one of the two following methods: To the extent as authorized by law, the Board shall have the authority to independently issue bonds or obligations and use said proceeds to carry out the purpose of this agreement, construction of the Project. Said bonds or obligations may be issued in accordance with the express authority granted by the City Councils of each Party. Unless otherwise unanimously agreed upon, in the alternative, one of the cities will provide financing for the cost to construct a station, including any costs associated with the financing, and each city will annually reimburse the financing City for their portion of the debt service payment based on the cost formula. Should a station be constructed in the allotted timeline for reimbursement of the land acquisition costs, the City will include 3 the land acquisition costs in the financing and each City will be repaid via the financing proceeds for their portion of the land acquisition. If the Station is not constructed in the time frame that is necessary to include the property acquisition costs as part of the financing, each city will be responsible for their proportionate share of the property acquisition costs in accordance with the cost share formula in effect at the time. 2.4 Bond repayment. The bond issue will be repaid through annual appropriations by each City consistent with the cost share formula calculated and adjusted annually to account for growth and development in each City. 2.5 Station Construction. Station construction will begin no later than June 30, 2026, unless an alternative date is unanimously agreed upon by all three cities. 2.6 Development Approvals. The City of Arden Hills will review the proposed project as part of its normal development process. 2.7 Should the Lake Johanna Fire Department no longer serve the City of Arden Hills or no longer use, occupy, or otherwise cease to operate in the fire station, the fire station, at the discretion of the Board, may be used by a successor organization that provides fire protection to all the cities. Should no acceptable successor organization be identified the City of Arden Hills will have the option to reimburse the other two cities, Shoreview and North Oaks, for their respective contributions to the purchase of the land, construction of the fire station, and any applicable capital improvements to the station plus inflation as measured by the Consumer Price Index (CPI) and take ownership of the land and associated buildings. 2.8 If the Project does not move forward and the station is not constructed pursuant to paragraph 2.5, the City of Arden Hills will have the option to reimburse the other parties for their direct cost to acquire the land and any costs associated with the Project, and take ownership of the land. Should the City of Arden Hills not exercise this option, the land may be sold and the proceeds will be divided amongst the Cities and fire department based on their direct costs for the land purchase and the Project. 2.9 Termination. This Agreement shall terminate either upon repayment of all bonds/obligations issued pursuant to paragraph 2.3 OR upon a unanimous vote of all Board members. 3 Assignment, Amendments, Waiver, and Contract Complete 3.1 Assignment. No party may assign nor transfer any rights or obligations under this Agreement. 4 3.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or other individual duly authorized. 3.3 Waiver. If any party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it in the future. 3.4 Contract Complete. This Agreement contains all negotiations and agreements between the Cities. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. All prior oral or written agreements concerning the acquisition of land and/or construction of a fire station are hereby declared null and void. However, this language shall not apply to the Joint Powers Agreement establishing the Fire Protection Board from November 1998. 4 Liability Each City will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Cities’ liability. 5 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 6 Signatures This Agreement may be executed in several counterparts, and all so executed shall constitute one Agreement, binding on each City notwithstanding that each City may not be a signatory to the original of the same counterpart. IN WITNESS WHEREOF, the Cities have hereunto set their hands the day and year first above written. 5 CITY OF SHOREVIEW By: Mayor SEAL DATED: ___________________, 2021 ATTEST: City Clerk 6 CITY OF ARDEN HILLS By: Mayor SEAL DATED: _________________, 2021 ATTEST: City Clerk 7 CITY OF NORTH OAKS By: Mayor SEAL DATED: _________________, 2021 ATTEST: City Clerk Page 1 of 2 AGENDA ITEM – 1C MEMORANDUM DATE: September 20, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Lake Johanna Fire Department JPA Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may provide further direction on the formation of a Joint Powers Agreement (JPA) for the future Lake Johanna Fire Department (LJFD) Headquarters. Background The cities of Arden Hills, North Oaks and Shoreview and the LJFD have been working over the past two years on planning for a new headquarters station to be located on Pine Tree Drive in Arden Hills. Last August, the City Council entered into an agreement that would set the terms for a future JPA between the cities, and authorized the LJFD to purchase the land for a future station. Attachment A is the memo and agreements that were approved last August, these should provide additional background on the project. As the Cities and fire department are seeking different financing sources for a new station, the cities will need to enter into a JPA to have the authority and flexibility to pursue different funding options, such as, issuing bonds. A draft JPA has been provided as Attachment B; it is worth noting that most of the provisions in the JPA are identical to the agreement that was approved last year. A couple of items worth noting, the JPA would be officially formed when the fire department transfers the land to the JPA and the voting structure would require 4/5ths for any action (the votes would be Shoreview 3 members, Arden Hills 1 member, and North Oaks 1 member). The approval of the JPA would happen ideally by all three cities prior to October 15th. It is worth noting the intent of entering into the JPA is to explore different financing options for the station, this does not bind the cities into a construction timeline or action (currently, the date for construction is no later than June 30, 2026, unless an alternative date is unanimously agreed upon by all three cities). 1 Page 2 of 2 The City Attorney has reviewed this draft JPA and is comfortable with the document. If Council is supportive of the document, Staff will bring this forward at the next Council meeting for approval under consent. Budget Impact N/A Attachment Attachment A: 2020 Memo and Agreements for Future LJFD Station Attachment B: Draft JPA for Future LJFD Station 2 1 DATE: August 24, 2020 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Approve Resolution 2020-034 Approving LJFD Contract Cities Agreement and Authorizing Expenditures for LJFD Land Purchase Budgeted Amount: Actual Amount: Funding Source: N/A $341,000 Public Safety Capital Council Should Consider The Council should consider approving Resolution 2020-034 approving the three cities agreement regarding the purchase of vacant land for a future fire station and authorizing the City to pay the Lake Johanna Fire Department for its proportional share of the land purchase and future road relocation cost. Background Following a needs assessment and direction from the Lake Johanna Fire Department (LJFD) Board of Directors, the City of Shoreview, the City of North Oaks, and the City of Arden Hills, the LJFD is in the final stages of purchasing land on Pine Tree Drive to be used as a future fire station (note: there are no current plans or timeline on moving forward with the construction of a new station). An in-depth background on the needs assessment and the fire department can be found on the City’s website at www.cityofardenhills.org/1005/Proposed-Fire-Station-Location, or on the LJFD’s website at www.ljfd.org. In short, the needs assessment reviewed the fire department’s current operating structure and looked forward to the department’s needs over the next fifty years. The assessment concluded that the current station model was not sufficient and recommended closing Station 4 (3615 Victoria St, Shoreview) and constructing a new Head Quarters with additional training, administrative, and equipment space. The recommended location was between Lexington Ave and Snelling Ave along County Road E. Following the fire department’s review of potential locations, it identified property adjacent to Bethel University’s Anderson Center on Pine Tree Drive as the ideal location. The ideal location was brought forward to both the Board of Directors and the three cities for consideration. Both the board of directors and the three cities gave direction to engage with Bethel University on acquiring the land. The City of Arden Hills has one vote on the board of directors while North Oaks and MEMORANDUM 3 2 Shoreview have one and two, respectively. It should also be noted that as discussions were ongoing with the fire department and the University, the University also moved forward to subdivide their existing Anderson Center parcel creating two additional parcels, one for the proposed fire station and one for other development. The other parcel created is currently being pursued by a private developer for senior housing units. The development of these two lots will not have an impact on the Crepeau Nature Preserve to the south of the Anderson Center. Following discussions with Bethel University, a tentative agreement was reached between the fire department and the University, and the fire department followed through with a purchase agreement. The purchase agreement allows the fire department a due diligence period through August 21, 2020, and a closing date of no later than September 21, 2020. Following its due diligence, the fire department is intending to move forward with the purchase of the land. The purchase of the land includes two costs: the first being the cost of the land at $1,350,000 and the second being the department’s share of the cost to relocate the existing access road not to exceed $325,000. The fire department is also contributing $300,000 of its General Fund money towards the land acquisition; this leaves the cost to the cities at $1,375,000 ($1,350,000 + $325,000 - $300,000), assuming the road relocation cost comes in at the maximum amount. Traditionally, the three cities, Arden Hills, North Oaks, and Shoreview fund the fire department’s operating and capital expenses. Each City will be responsible for its respective share of the land acquisition and road relocation at the following amounts: Arden Hills $341,000, North Oaks $193,875, and Shoreview $840,125. In-order to move forward with the land acquisition and outlining future obligations, the attached agreement (see Attachment A) will need to be approved by all three cities. The agreement outlines each city’s responsibility with respect to the land acquisition, future construction timing and financing, and language should the fire station not be constructed or if the LJFD ceases to serve the cities. This agreement has been reviewed by the City Attorney, and he is comfortable with the proposed language. The City Council has reviewed this document on multiple occasions. A few of the highlights to the agreement are: -Section 2.3: One city will bond for the station construction, and the other two cities will annually reimburse the financing city in-accordance with the cost share formula. -Section 2.5: The construction of the station will have a start date of no later than June 30, 2026, unless otherwise mutually agreed upon. -Section 2.7: The City of Arden Hills shall have the option to acquire the property and buildings should the LJFD no longer serve the cities and if a suitable successor organization cannot be identified to utilize the property. -Section 2.8: Should the station construction not move forward, the City will have the option to acquire the land. If the City does not exercise this option and two-thirds of the cities agree to sell the land, then the land will be sold and each city will receive its proportional share of the proceeds. Prior to construction of the station, a Joint Powers Agreement (JPA) will be needed by the three 4 3 cities which will further outline and identify responsibilities, operations, and ownership of the new station. This JPA will also allow the cities to utilize bond funding for the project. This agreement is not needed at this time, and will be developed prior to the commencement of construction of the new station. The attached resolution (see Attachment B) will authorize the Mayor to enter into the three cities agreement to move forward with the land acquisition and authorize the City to fund its share of the land acquisition and the future road relocation. Budget Impact The city’s cost to acquire the land of $341,000 is not currently included in the City’s budget for 2020; however, the Council has previously discussed using a portion of the previous year’s General Fund balance (per the City’s Fund Balance Policy) to fund this expenditure so as not to negatively impact the Public Safety Capital Fund. For the future station construction, the City will need to begin putting aside additional money into the Public Safety Capital budget; the first installment of this additional money ($50,000) was proposed by staff in the preliminary 2021 budget. Attachment Attachment A: LJFD Three Cities Agreement Attachment B: Resolution 2020-034 Approving LJFD Contract Cities Agreement and Authorizing Expenditures for LJFD Land Purchase Attachment C: Location Map 5 AGREEMENT BETWEEN CITY OF SHOREVIEW, MINNESOTA, CITY OF ARDEN HILLS, MINNESOTA, AND CITY OF NORTH OAKS, MINNESOTA FOR THE LAKE JOHANNA FIRE DEPARTMENT FIRE STATION PROJECT THIS AGREEMENT is made and entered into the ___ day of __________, 2020 by and between THE CITY OF SHOREVIEW, a municipal corporation and political subdivision of the State of Minnesota, THE CITY OF ARDEN HILLS, a municipal corporation and political subdivision of the State of Minnesota, and THE CITY OF NORTH OAKS, a municipal corporation and political subdivision of the State of Minnesota (hereinafter jointly referred to as the “Parties” and individually as each “City”) (the “Agreement”). RECITALS WHEREAS, each City is responsible for providing fire protection and prevention services for the people and institutions within its boundaries; and WHEREAS, each City contracts with Lake Johanna Fire Department to provide each City’s fire protection and preventions services; and WHEREAS, the costs of said fire protection and prevention services are allocated pursuant to contracted service agreements between the Parties and Lake Johanna Fire Department; and WHEREAS, Lake Johanna Fire Department conducted a needs analysis that reviewed the adequacy of Fire Station number 4 and identified future department facility needs; and WHEREAS, the needs analysis concluded that the existing Fire Station number 4 located at 3615 Victoria Street in the City of Shoreview, MN, was undersized and had many deficiencies; and WHEREAS, the needs analysis concluded that it would not be feasible to expand the station, due to the limited lot size and subpar access to Victoria Street on the north of the railroad tracks, and this location may impact response times; and WHEREAS, Lake Johanna Fire Department reviewed potential property locations in southern Shoreview and Arden Hills; and WHEREAS, Lake Johanna Fire Department identified vacant property owned by Bethel University on Pine Tree Drive in the City of Arden Hills, MN (“the Property”) as a potential site for a new fire station; and WHEREAS, the Property is large enough to accommodate headquarters for Lake Johanna Fire Department and has improved access ideally situated to cover southern Arden Hills and Shoreview as well as the entire service area for Lake Johanna Fire Department; and 6 2 WHEREAS, Lake Johanna Fire Department’s Board of Directors authorized the Fire Chief to negotiate and execute a letter of intent to purchase the property from Bethel University; and WHEREAS, in early April 2020, Lake Johanna Fire Department and Bethel University executed a letter of intent to purchase the Property for a purchase price of $1.35 million; and WHEREAS, the letter of intent also requires Lake Johanna Fire Department to contribute one third of the cost, up to a maximum of $325,000, to relocate an access road on the Property; WHEREAS, the purpose of this agreement is to define each City’s responsibilities for the Lake Johanna Fire Department’s purchase of the Property and the construction of improvements on the Property (“the Project”); and WHEREAS, the new fire station would be owned and operated by the Lake Johanna Fire Department to serve the three contract cities of Arden Hills, North Oaks, and Shoreview, the Parties. AGREEMENT NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the City of Shoreview, the City of Arden Hills, and the City of North Oaks agree as follows: 1 Term of Agreement 1.1 Effective date: This Agreement and any amendments thereto shall be in full force and effect upon the filing of a certified copy of the resolution approving this Agreement by each City. Said resolutions shall be filed with the Shoreview City Attorney who shall notify each City in writing of its effective date. 1.2 Expiration date: This Agreement expires upon the Bond, issued pursuant to paragraph 2.3, being repaid in full. 2 Agreement between the Parties 2.1 Cost. The cost of the land purchase, access road relocation, and property improvements of the Property will be funded by a $300,000 contribution from the Lake Johanna Fire Department and by contributions from each City allocated proportionally through the current cost share agreement for fire department operations and capital costs. 2.2 Cost share formula. The cost share formula will be used to allocate each City’s contribution for the land acquisition, and is currently defined as 25% population, 25% households,40% fire calls, and 10% assessed value. 2.3 Bond issuance. At the time financing is needed for the construction of a new station, the financing will be provided by the following method: 7 3 Unless otherwise unanimously agreed upon, one of the Parties will provide financing for the cost to construct a station (the “Financer City”), including any costs associated with the financing, and each of the other Parties will annually reimburse t the Financer City for its portion of the debt service payment based on the cost formula. Should a station be constructed in the allotted timeline for reimbursement of the land acquisition costs, the Financer City will include the land acquisition costs in the financing and each Party will be repaid via the financing proceeds for their portion of the land acquisition. If the Station is not constructed in the time frame that is necessary to include the property acquisition costs as part of the financin g, each Party will be responsible for their proportionate share of the property acquisition costs in accordance with the cost share formula in effect at the time. 2.4 Bond repayment. The bond issue will be repaid through annual appropriations by each Party consistent with the cost share formula calculated and adjusted annually to account for growth and development in each respective City. 2.5 Station Construction. Station construction will begin no later than June 30, 2026, unless an alternative date is unanimously agreed upon by the Parties. 2.6 Development Approvals. The City of Arden Hills will review the proposed project as part of its normal development process. 2.7 Option to Acquire. Should the Lake Johanna Fire Department no longer serve the City of Arden Hills or no longer use, occupy, or otherwise cease to operate in the fire station, the fire station, at the discretion of the JPA, may be used by a successor organization that provides fire protection to the Parties. Should no acceptable successor organization be identified the City of Arden Hills will have the option to reimburse the other two Parties, the Cities of Shoreview and North Oaks, for their respective contributions to the purchase of the Property, construction of the fire station, and any applicable capital improvements to the station plus inflation as measured by the Consumer Price Index (CPI) and take ownership of the land and associated buildings. 2.8 Project Abandonment, Option. If the project does not move forward and the station is not constructed, the City of Arden Hills will have the option to reimburse the other Parties for their direct cost to acquire the land and take ownership of the land. Should the City of Arden Hills not exercise this option, the land shall be sold if 2/3 of the parties agree and the proceeds will be divided amongst the Parties and fire department based on their initial direct cost for the land purchase of the Property. 8 4 3 Assignment, Amendments, Waiver, and Contract Complete 3.1 Assignment. The Parties may not assign or transfer any rights or obligations under this Agreement. 3.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been signed and approved by the signatories of each City who signed and approved the original Agreement, their successors in office, or other individual duly authorized. 3.3 Waiver. If any party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it in the future. 3.4 Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind the Parties. 4 Liability Each City will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other Party’s actions and consequences of those actions. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the municipality’s liability. 5 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 6 Signatures This Agreement may be executed in several counterparts, and all so executed shall constitute one Agreement, binding the Parties notwithstanding that each City may not be a signatory to the original of the same counterpart. 9 5 IN WITNESS WHEREOF, the Parties have hereunto set their hands the day and year first above written. CITY OF SHOREVIEW By: Mayor SEAL DATED: ___________________, 2020 ATTEST: City Clerk 10 6 CITY OF ARDEN HILLS By: Mayor SEAL DATED: _________________, 2020 ATTEST: City Clerk 11 7 CITY OF NORTH OAKS By: Mayor SEAL DATED: _________________, 2020 ATTEST: City Clerk 12 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2020-034 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO THE LAKE JOHANNA FIRE DEPARTMENT THREE-CITIES AGREEMENT AND AUTHORIZE THE EXPENIDTURE OF FUNDS FOR THE CITY’S SHARE OF LAND ACQUISTION WHEREAS, the City of Arden Hills is one of three cities that receives fire protection from the Lake Johanna Fire Department; and WHEREAS, the Lake Johanna Fire Department underwent a needs assessment in 2018 that highlighted deficiencies in their current station operating model; and WHEREAS, the needs assessment recommended the closure of Station 4 (3615 Victoria St., Shoreview) and a new station be constructed to better serve the three cities over the next fifty years; and WHEREAS, the fire department identified a site on Pine Tree Drive as the ideal location and received direction from their board of directors and the three cities to enter into negotiations with Bethel University on acquiring the site; and WHEREAS, the fire department entered into a purchase agreement for the site and has completed their due diligence; and WHEREAS, the three cities, Arden Hills, North Oaks, and Shoreview, have drafted an agreement outlining the land acquisition and future responsibilities for the construction of the station; and WHEREAS, each city has reviewed the agreement and will need to formally approve it to move forward with the land acquisition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, authorizes the Mayor to enter into the three-cities agreement presented to the City Council on August 24, 2020 regarding the land acquisition for a future fire station and authorizes City Staff to make payment to the Lake Johanna Fire Department for the City of Arden Hills proportional share as outlined in the agreement not to exceed $341,000. 13 12231574v1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 24 DAY OF August, 2020. ________________________________ David Grant, Mayor ATTEST: ______________________________ Julie Hanson, City Clerk 14 15 Disclaimer: This map is intended for reference purposes only and is not a legally recorded map or survey. The City of Arden Hills shall not be liable for any damages or claims that arise due to accuracy, availability, use or misuse of the information herein pursuant to MN Statute 466.03 Subd 21. Location Map Highway 51County Road E West Pine Tree DriveBenton WayNB Hwy 51 To CO RD EHarri e t A v e n u e Benton WayBenton WayHighway 51Benton Way± 3URSRVHGORFDWLRQ 16 JOINT POWERS AGREEMENT BETWEEN CITY OF SHOREVIEW, MINNESOTA, CITY OF ARDEN HILLS, MINNESOTA, AND CITY OF NORTH OAKS, MINNESOTA FOR THE LAKE JOHANNA FIRE DEPARTMENT HEADQUARTERS THIS AGREEMENT is made and entered into the ___ day of __________, 2021 by and between THE CITY OF SHOREVIEW, a municipal corporation and political subdivision of the State of Minnesota, THE CITY OF ARDEN HILLS, a municipal corporation and political subdivision of the State of Minnesota, and THE CITY OF NORTH OAKS, a municipal corporation and political subdivision of the State of Minnesota (the three cities maybe referred to as the “parties”). RECITALS WHEREAS, each City is responsible for providing fire protection and prevention services for the people and institutions within its boundaries; and WHEREAS, each City contracts with Lake Johanna Fire Department to provide each City’s fire protection and preventions services; and WHEREAS, the costs of said fire protection and prevention services are allocated pursuant to contracted service agreements between the Cities and Lake Johanna Fire Department; and WHEREAS, Lake Johanna Fire Department identified vacant property owned by Bethel University on Pine Tree Drive in the City of Arden Hills (“the Property”)as a potential site for a new fire station; and WHEREAS, the Property is large enough to accommodate headquarters for Lake Johanna Fire Department and has improved access ideally situated to cover southern Arden Hills and Shoreview as well as the entire service area for Lake Johanna Fire Department; and WHEREAS, Lake Johanna Fire Department purchased the Property on October 15, 2020 for $1,350,000 plus closing costs for a total of $1,353,177.50, and Lake Johanna Fire Department will also pay $325,000 for road construction costs; and WHEREAS, Minnesota statutes. Section 471.59 authorizes governmental units by agreement of their governing bodies jointly and/or cooperatively to exercise any power common to the contracting parties and to provide for a joint board representing the parties to the agreement; and WHEREAS, the purpose of this agreement is to establish a joint powers board, the Lake Johanna Fire Department Headquarters Board (“Board”) for the purposes of acquiring the Property and constructing improvements on the Property, a headquarters for Lake Johanna Fire Department (“the Project”); and 17 2 WHEREAS, the new fire station would be owned and operated by the Board to serve the three contract cities of Arden Hills, North Oaks, and Shoreview. AGREEMENT NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the City of Shoreview, the City of Arden Hills, and the City of North Oaks agree as follows: 1 Lake Johanna Fire Department Headquarters Board 1.1 Composition. The Board shall be made up of five total members. Three members shall be City Councilmembers from the City of Shoreview. One member shall be a City Councilmember from the City of Arden Hills. One member shall be a City Councilmember from the City of North Oaks. 1.2 Quorum. To approve any act, the proposed action must receive at least 4/5ths vote. Quorum shall be 4 Board members. 1.3 Bylaws. The Board shall pass Bylaws at the earliest possible time. 2 Agreement between the Parties 2.1 Land Transfer. This Joint Powers Agreement is contingent upon Lake Johanna Fire Department transferring the Property to the Board. 2.2 Cost share and ownership interest. The cost share formula will be used to allocate each City’s ownership interest in the land and any improvements thereon, which is currently defined as 25% population, 25% households, 40% fire calls, and 10% assessed value. 2.3 Bond issuance. At the time financing is needed for the construction of a new station, the financing will be provided by one of the two following methods: To the extent as authorized by law, the Board shall have the authority to independently issue bonds or obligations and use said proceeds to carry out the purpose of this agreement, construction of the Project. Said bonds or obligations may be issued in accordance with the express authority granted by the City Councils of each Party. In the alternative, one of the cities will provide financing for the cost to construct a station, including any costs associated with the financing, and each city will annually reimburse the financing City for their portion of the debt service payment based on the cost formula. Should a station be constructed in the allotted timeline for reimbursement of the land acquisition costs, the City will include the land acquisition costs in the 18 3 financing and each City will be repaid via the financing proceeds for their portion of the land acquisition. If the Station is not constructed in the time frame that is necessary to include the property acquisition costs as part of the financing, each city will be responsible for their proportionate share of the property acquisition costs in accordance with the cost share formula in effect at the time. 2.4 Bond repayment. The bond issue will be repaid through annual appropriations by each City consistent with the cost share formula calculated and adjusted annually to account for growth and development in each City. 2.5 Station Construction. Station construction will begin no later than June 30, 2026, unless an alternative date is unanimously agreed upon by all three cities. 2.6 Development Approvals. The City of Arden Hills will review the proposed project as part of its normal development process. 2.7 Should the Lake Johanna Fire Department no longer serve the City of Arden Hills or no longer use, occupy, or otherwise cease to operate in the fire station, the fire station, at the discretion of the Board, may be used by a successor organization that provides fire protection to all the cities. Should no acceptable successor organization be identified the City of Arden Hills will have the option to reimburse the other two cities, Shoreview and North Oaks, for their respective contributions to the purchase of the land, construction of the fire station, and any applicable capital improvements to the station plus inflation as measured by the Consumer Price Index (CPI) and take ownership of the land and associated buildings. 2.8 If the Project does not move forward and the station is not constructed pursuant to paragraph 2.5, the City of Arden Hills will have the option to reimburse the other parties for their direct cost to acquire the land and any costs associated with the Project, and take ownership of the land. Should the City of Arden Hills not exercise this option, the land may be sold and the proceeds will be divided amongst the Cities and fire department based on their direct costs for the land purchase and the Project. 2.9 Termination. This Agreement shall terminate either upon repayment of all bonds/obligations issued pursuant to paragraph 2.3 OR upon a unanimous vote of all Board members. 3 Assignment, Amendments, Waiver, and Contract Complete 3.1 Assignment. No party may assign nor transfer any rights or obligations under this Agreement. 19 4 3.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or other individual duly authorized. 3.3 Waiver. If any party fails to enforce any provision of this Agreement, that failure do es not waive the provision or the right to enforce it in the future. 3.4 Contract Complete. This Agreement contains all negotiations and agreements between the Cities. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. All prior oral or written agreements concerning the acquisition of land and/or construction of a fire station are hereby declared null and void. However, this language shall not apply to the Joint Powers Agreement establishing the Fire Protection Board from November 1998. 4 Liability Each City will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Cities’ liability. 5 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 6 Signatures This Agreement may be executed in several counterparts, and all so executed shall constitute one Agreement, binding on each City notwithstanding that each City may not be a signatory to the original of the same counterpart. IN WITNESS WHEREOF, the Cities have hereunto set their hands the day and year first above written. 20 5 CITY OF SHOREVIEW By: Mayor SEAL DATED: ___________________, 2021 ATTEST: City Clerk 21 6 CITY OF ARDEN HILLS By: Mayor SEAL DATED: _________________, 2021 ATTEST: City Clerk 22 7 CITY OF NORTH OAKS By: Mayor SEAL DATED: _________________, 2021 ATTEST: City Clerk 23 Page 1 of 1 AGENDA ITEM – 1G MEMORANDUM DATE: October 18, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Community Development Staffing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may provide further direction on Staffing for the Community Development Department. Background A verbal update will be provided to the City Council. Budget Impact N/A Attachment N/A Page 1 of 1 AGENDA ITEM – 1H MEMORANDUM DATE: TO: FROM: October 18, 2021 Honorable Mayor and City Councilmembers Dave Perrault, City Administrator SUBJECT: Council Tracker Update Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should provide further direction on items presented on the Council Request Tracker. Background City Council will receive a verbal update on items the Council has previously directed staff to research and/or bring forward. Discussion N/A Budget Impact N/A Attachments N/A