HomeMy WebLinkAbout02-18-25-SRMayor:
David Grant
Councilmembers:
Brenda Holden
Emily Rousseau
Tena Monson
Kurt Weber
Agenda
February 18, 2025
Address:
1245 West Highway 96
Arden Hills MN 55112
Phone:
651.792.7800
Website:
www.cityofardenhills.org
Special City Council Meeting
8:00 a.m.
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.
Members of the public may attend a meeting in-person at City Hall or they may view the meeting remotely on the
City’s website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills.
https://cityofardenhills.org/320/Watch-City-Meetings
CALL TO ORDER
1. APPROVAL OF AGENDA
2. PUBLIC INQUIRIES/INFORMATIONAL
This is an opportunity for citizens to respectfully bring to the Council’s attention any items which are relevant to the City. In
addressing the Council, you must first state your name and address for the record. Comments shall be limited to three (3) minutes or
less. Written documents or other materials should be handed to the City Clerk for distribution to the Council prior to or during the
meeting. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the
Council may refer the issue to staff for further research and possible report or action at a future Council meeting.
3. RESPONSE TO PUBLIC INQUIRIES
4. CONSENT ITEMS
A. Motion to Approve Resolution 2025-022 Appointing Kristine
Poelzer to the Economic Development Commission (EDC)
Julie Hanson
5. PULLED CONSENT ITEMS
6. NEW BUSINESS
A. Motion to Approve Lake Johanna Fire Department Headquarters
Amended and Restated Joint Powers Agreement
Jessica Jagoe
7. COUNCIL/STAFF COMMENTS
ADJOURN
Page 1 of 1
CONSENT ITEM – 4A
MEMORANDUM
DATE: February 18, 2025
TO: Honorable Mayor and City Councilmembers
Jessica Jagoe, City Administrator
FROM: Julie Hanson, Assistant to the City Administrator/City Clerk
SUBJECT: Appointment of Kristine Poelzer to the Economic Development Commission
Budgeted Amount: Actual Amount: Funding Source:
$ $ $
Council Should Consider
Motion to approve, table or deny the following:
• Approving Resolution 2025-022 Appointing Kristine Poelzer to the Economic
Development Commission (EDC).
Background/Discussion
Staff received an application from Kristine Poelzer and an interview was conducted by EDC
Staff Liaison Senior Planner Elena Fransen and EDC Council Liaison Emily Rousseau and it is
recommended to appoint Ms. Poelzer to the EDC.
Staff requests the City Council consider approval to appoint Kristine Poelzer to the Economic
Development Commission (EDC) for a term ending December 31, 2027.
Budget Impact
N/A
Attachments
Attachment A: Resolution 2025-022
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. 2025-022
RESOLUTION APPOINTING KRISTINE POELZER
TO THE CITY OF ARDEN HILLS
ECONOMIC DEVELOPMENT COMMISSION
WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City
Council regarding economic development, redevelopment and related community development
issues.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills,
Minnesota that Kristine Poelzer is appointed to the Economic Development Commission for a term
expiring December 31, 2027.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 18TH DAY
OF FEBRUARY 2025.
____________________________________
David Grant, Mayor
ATTEST:
______________________________________
Julie Hanson, City Clerk
Page 1 of 2
NEW BUSINESS – 6A
MEMORANDUM
DATE: February 18, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Jessica Jagoe, City Administrator
SUBJECT: Lake Johanna Fire Department Headquarters Amended and Restated Joint Powers
Agreement
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
Motion to approve, table, or deny the following:
• Amended and Restated Joint Powers Agreement for the Lake Johanna Fire Department
Headquarters
Background
In November 2021, the cities of Arden Hills, North Oaks and Shoreview and the Lake Johanna
Fire Department (LJFD) entered into a Joint Powers Agreement (JPA) to oversee the
headquarters station construction and financing of the future LJFD headquarters. The JPA sets
forth a board comprised of members/directors from Arden Hills, North Oaks, and Shoreview.
The JPA outlined items such as methods of bond issuance and financing for the construction of
the new station, timelines for construction commencement, development approvals, and
termination.
Since the approval of the JPA, the following actions have occurred:
• The department and the cities acquired the land at 3535 Pine Tree Drive and completed
the design of the station.
• The department and cities also worked cooperatively to receive $6.37 million in State
funding for the station construction.
• The Arden Hills City Council gave direction that each city would be responsible for
securing funding for their allocation based on the cost-share formula of the project, less
State funding.
Page 2 of 2
• On July 22, 2024, the Arden Hills City Council approved Resolution 2024-037 for a
Conditional Use Permit to the Lake Johanna Fire Department fire station project.
• On January 30, 2025, the LJFD held their bid opening and selected a contractor to move
forward with project construction.
With these items completed, the Fire Department Attorney has prepared amendments to the JPA
that align with the current status and financing of the project. It should be noted that the
amendments to the JPA apply to the project construction and financing (i.e. cost share). The JPA
is separate from the Joint Powers Board Bylaws which outline the purpose of the Board,
Membership, Appointment and Terms of Office, Meetings, etc.
The City Attorney reviewed the draft JPA and made the recommendation to extend the
timeframes to exercise options in the termination provisions of 2.6.1 and 2.6.2 to 90 days instead
of 60 days. The draft Amended and Restated JPA (Attachment A) is reflective of this change
and has been agreed upon by the parties of the agreement. The City Attorney is comfortable
with the document as presented.
Budget Impact
The JPA itself will not have a budget impact on the City. The City had been slowly stepping up
its increases to its Public Safety Capital Fund to support the upcoming construction of the
station and avoid large levy spikes. On December 9, 2024, the City Council adopted the 2025-
2029 CIP budget which included franchise fee assumptions of $435,000 annually to offset debt
service for the new fire station.
Attachments
Attachment A: Redlined Amended and Restated JPA LJFD Headquarters
Attachment B: Clean Amended and Restated JPA LJFD Headquarters
AMENDED AND RESTATED
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 _______________, 2025
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 may be
referred to as the "parties").each a “City” and collectively the “Cities”).
RECITALS
WHEREAS, on November 17, 2021, the Cities entered into that certain 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 (the “Joint Powers
Agreement”); and
WHEREAS, the Cities hereby amend and restate the Joint Powers Agreement in full as
of the date first written above; and
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, a Minnesota
nonprofit corporation, to provide each City's fire protection and preventionsprevention
services; and
WHEREAS, the costs of said fire protection and prevention services are allocated
pursuant to contracted service agreements between the Cities and the 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
WHEREAS, the new fire station wouldwill 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 unde1takingsundertakings 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 membersdirectors. Two
membersdirectors shall be City CouncilmembersCouncil members from the City of
Shoreview. One memberdirector shall be a City Councilmember Council member
from the City of Arden Hills. One memberdirector shall be a City
CouncilmemberCouncil member from the City of North Oaks.
1.2 Quorum. To approve any act, the proposed action must receive at least 3/4 ths vote.
Quorum shall be 3 Board membersdirectors.
1.3 Bylaws. The Board shall pass Bylaws at the earliest possible time.
1.3 Action. The directors shall take action by the affirmative vote of at least 3/4 of the
directors present at any duly called meeting where a quorum is present.
2 Agreement between the Parties
2.1 Land Transfer. This Joint Powers Agreement is contingent upon Lake Johanna
Fire Department transferring the Prope1tyProperty to the Board.
2.2 Cost shareShare of Equity and ownership interest.Costs.The cost -share formula
will be used to allocate each City's ownership interestequity and responsibility for costs in
the Property and any improvements thereon, which is currently defined as 25%
population, 25% households, 40% fire calls, and 10% market value, in accordance with
the Fire Department’s operating budget.
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 can-y 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 Patty.
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 share formula. Should a station be
constructed in the allotted timeline for reimbursement of the land acquisition costs, the
2
City will include 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.
2.3 Matching Funds for Construction Costs. Each City will be responsible for
issuing a bond or otherwise providing cash financing in the amount of such City’s
share (pursuant to paragraph 2.2) of the matching funds required for the $6,370,000
grant from the State of Minnesota contained in Minnesota Laws of 2023 Regular
Session, Article 1, Section 9, Subdivision 14.
2.52.4 Station Construction. Station construction will begin upon unanimous
vote of the Board. However, said construction shall begin no later than June 30, 2026,
unless an alternative date is unanimously agreed upon by the Board.
2.62.5 Development Approvals. The City of Arden Hills will review the
proposed project as part of its normal development process.
2.6 Termination.The Joint Powers Agreement shall be terminated upon the
occurrence of any of the following:
2.6.1 No Project Construction. If the Project does not move forward and the
Project is not constructed pursuant to paragraph 2.4, the City of Arden Hills
will have the option to reimburse the other Cities and the Lake Johanna Fire
Department for their direct cost to acquire the Property and any costs
associated with the Project, and take ownership of the Property. This option
must be exercised within ninety (90) days after expiration of the
construction commencement date in paragraph 2.4. Closing on this option
must occur within one hundred twenty (120) days of the date on which
notice is given by the City of Arden Hills to the Board that it is exercising
the option.
2.6.2 Arden Hills not Served by Lake Johanna Fire Department.Should
the Lake Johanna Fire Department no longer serve the City of Arden Hills or
no longer use, or occupy the Property, or otherwise cease to operate in the fire
station, then the fire station, at the discretion of the Board, may be used by a
successor organization that provides fire protection to all the citiesCities.
Should no acceptable successor organization be identified, the City of Arden
Hills will have the option to reimburse the other two cities, ShoreviewCities and
North Oaks,the Lake Johanna Fire Department for their respective
contributions to the purchase of the landProperty, construction of the fire
stationProject, and any applicable capital improvements to the stationProperty
or the Project, plus inflation as measured by the Consumer Price Index (CPI)),
and take ownership of the landProperty and associated buildings. This option
must be exercised within ninety (90) days after the occurrence of the event
triggering Arden Hills’ option. Closing on this option must occur within one
hundred twenty (120) days of the date on which notice is given by the City
of Arden Hills to the Board that it is exercising the option.
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 land2.6.3 Termination by Board. The Board may terminate
this Agreement upon the vote of 3/4 of the directors present at any duly
called meeting where a quorum is present.
2.6.4 Sale Proceeds. Upon termination of this Agreement by the Board
pursuant to paragraph 2.6.3, the Property shall be sold and the net sale
proceeds willshall be divided amongst the Cities and fire department based on
the Lake Johanna Fire Department in proportion to their direct costs paid for
the land purchaseProperty and the Project.
2.8 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 partyCity may assign nor transfer any rights or obligations under
this Agreement.
3
7
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 patties who signed and
approved the original agreement, their successors in office, or other individual duly
authorizedby each of the Cities.
3.3 Waiver. If any partyCity 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.any of the Cities. 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 theany other party'sCity’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 Notices
Required notices to the Board shall be in writing and shall be either hand delivered to the
Chief Executive Officer or mailed to the Board by registered or certified mail at the
following address:
Lake Johanna Fire Department Headquarters Board
Attn: Chief Executive Officer
5545 Lexington Avenue N
Shoreview, MN 55126
Required notices to a City shall be in writing and shall be either hand delivered to the
respective City Administrator/Manager or mailed to the City by registered or certified
mail in care of the City Administrator/Manager at the following address:
8
City of Shoreview
Attn: City Manager
4600 Victoria Street North
Shoreview, MN 55126
City of Arden Hills
Attn: City Administrator
1245 W Highway 96
Arden Hills, MN 55112
City of North Oaks
Attn: City Administrator
100 Village Center Drive, #230
North Oaks, MN 55127
Notices shall be deemed effective on the date of receipt if given personally, or on the
date of deposit in the U.S. mail if mailed. Any party may change the party upon whom
notice is to be given or its address for the service of notice by giving written notice of
such change to the other party, in any manner specified above, at least ten (10) days
prior to the effective date of such change.
7 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.
4
1
AMENDED AND RESTATED
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 _______________, 2025
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 (each a “City” and
collectively the “Cities”).
RECITALS
WHEREAS, on November 17, 2021, the Cities entered into that certain 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 (the “Joint Powers
Agreement”); and
WHEREAS, the Cities hereby amend and restate the Joint Powers Agreement in full as
of the date first written above; and
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, a Minnesota
nonprofit corporation, to provide each City's fire protection and prevention services; and
WHEREAS, the costs of said fire protection and prevention services are allocated
pursuant to contracted service agreements between the Cities and the 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
2
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
WHEREAS, the new fire station will 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 directors. Two directors
shall be City Council members from the City of Shoreview. One director shall be a City
Council member from the City of Arden Hills. One director shall be a City Council
member from the City of North Oaks.
1.2 Quorum. Quorum shall be 3 directors.
1.3 Action. The directors shall take action by the affirmative vote of at least 3/4 of the
directors present at any duly called meeting where a quorum is present.
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 Share of Equity and Costs. The cost-share formula will be used to allocate each
City's equity and responsibility for costs in the Property and any improvements thereon,
which is currently defined as 25% population, 25% households, 40% fire calls, and 10%
market value, in accordance with the Fire Department’s operating budget.
2.3 Matching Funds for Construction Costs. Each City will be responsible for
issuing a bond or otherwise providing cash financing in the amount of such City’s
share (pursuant to paragraph 2.2) of the matching funds required for the $6,370,000
grant from the State of Minnesota contained in Minnesota Laws of 2023 Regular
Session, Article 1, Section 9, Subdivision 14.
2.4 Station Construction. Station construction will begin upon unanimous vote of the
Board. However, said construction shall begin no later than June 30, 2026, unless an
alternative date is unanimously agreed upon by the Board.
3
2.5 Development Approvals. The City of Arden Hills will review the proposed
project as part of its normal development process.
2.6 Termination. The Joint Powers Agreement shall be terminated upon the
occurrence of any of the following:
2.6.1 No Project Construction. If the Project does not move forward and the
Project is not constructed pursuant to paragraph 2.4, the City of Arden Hills
will have the option to reimburse the other Cities and the Lake Johanna Fire
Department for their direct cost to acquire the Property and any costs
associated with the Project, and take ownership of the Property. This option
must be exercised within ninety (90) days after expiration of the construction
commencement date in paragraph 2.4. Closing on this option must occur
within one hundred twenty (120) days of the date on which notice is given by
the City of Arden Hills to the Board that it is exercising the option.
2.6.2 Arden Hills not Served by Lake Johanna Fire Department. Should
the Lake Johanna Fire Department no longer serve the City of Arden Hills or
no longer use or occupy the Property, or otherwise cease to operate in the fire
station, then 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 Cities and the Lake Johanna Fire
Department for their respective contributions to the purchase of the Property,
construction of the Project, and any applicable capital improvements to the
Property or the Project, plus inflation as measured by the Consumer Price
Index (CPI), and take ownership of the Property and associated buildings.
This option must be exercised within ninety (90) days after the occurrence
of the event triggering Arden Hills’ option. Closing on this option must
occur within one hundred twenty (120) days of the date on which notice is
given by the City of Arden Hills to the Board that it is exercising the option.
2.6.3 Termination by Board. The Board may terminate this Agreement upon
the vote of 3/4 of the directors present at any duly called meeting where a
quorum is present.
2.6.4 Sale Proceeds. Upon termination of this Agreement by the Board
pursuant to paragraph 2.6.3, the Property shall be sold and the net sale
proceeds shall be divided amongst the Cities and the Lake Johanna Fire
Department in proportion to their direct costs paid for the Property and the
Project.
4
3 Assignment, Amendments, Waiver, and Contract Complete
3.1 Assignment. No City may assign nor 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 by each of the Cities.
3.3 Waiver. If any City 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 any of the Cities. 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 any other City’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 Notices
Required notices to the Board shall be in writing and shall be either hand delivered to the
Chief Executive Officer or mailed to the Board by registered or certified mail at the
following address:
Lake Johanna Fire Department Headquarters Board
Attn: Chief Executive Officer
5545 Lexington Avenue N
Shoreview, MN 55126
Required notices to a City shall be in writing and shall be either hand delivered to the
respective City Administrator/Manager or mailed to the City by registered or certified
mail in care of the City Administrator/Manager at the following address:
5
City of Shoreview
Attn: City Manager
4600 Victoria Street North
Shoreview, MN 55126
City of Arden Hills
Attn: City Administrator
1245 W Highway 96
Arden Hills, MN 55112
City of North Oaks
Attn: City Administrator
100 Village Center Drive, #230
North Oaks, MN 55127
Notices shall be deemed effective on the date of receipt if given personally, or on the
date of deposit in the U.S. mail if mailed. Any party may change the party upon whom
notice is to be given or its address for the service of notice by giving written notice of
such change to the other party, in any manner specified above, at least ten (10) days
prior to the effective date of such change.
7 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.
6
CITY OF SHOREVIEW
Date:
Mayor
Date:
City Clerk
7
CITY OF ARDEN HILLS
Date:
Mayor
Date:
City Clerk
8
CITY OF NORTH OAKS
Date:
Mayor
Date:
City Clerk