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HomeMy Public PortalAbout04.07.2015 City Council Special Meeting PacketMEDIIVA WORK SESSION AGENDA MEDINA CITY COUNCIL Tuesday, April 7, 2015 5:00 P.M. Medina City Hall 2052 County Road 24 I. Call to Order II. Fire Contract Discussion III. Pioneer Sarah Watershed Discussion IV. Adjourn Posted 4.03.15 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: April 1, 2015 DATE OF MEETING: April 7, 2015 SUBJECT: April 7, 2015 Work Session — 5:00 PM Work Session 5:00 PM Fire Services Discussion — (30 Minutes) Staff will provide an update to the City Council regarding discussions involving the Hamel and Loretto Fire Contracts. Attached are both fire contracts for review. Pioneer Sarah Creek Watershed Management Commission Discussion — (1 hour 30 Minutes) I will update the City Council on the options available regarding the Pioneer Sarah Creek Watershed. Staff is asking for Council direction on two items: • Provide direction to staff and liaisons on the Pioneer Sarah Creek options. The options include: 1) accepting the 6 year approval from BWSR 2) Reject the 6 year plan approval from BWSR and request an appeal hearing 3) Request changes to the watershed boundaries 4) Petition for the establishment of a Pioneer -Sarah Creek Watershed District in place of the Pioneer -Sarah Creek Watershed Management Commission. • Provide direction to staff and liaisons on the responses to the Pioneer Sarah Watershed survey questions. 2015 Watershed Comparisons Market Value Minnehaha Creek Elm Creek Pioneer Sarah Existing Levy Ad Valorem ($131,500) If $106,500 were levied $1,000,000 204.87 14.38 105.42 $750,000 144.47 10.17 73.29 $500,000 86.55 6.24 45.64 $250,000 40.7 3.08 21.62 For 2015, Medina's share of the $136,720 operating budget is $15,140.51, or 11.95%. In 2014 it was 10.69% or $13,469.40. Below are the 2014 and 2015 approved budget amounts for Pioneer Sarah. 2014 Approved 2013 Market Value PSC Basin 2014 Total Assessment Increase over Prey Year %age Amount %age Amount Greenfield 365,010,854 -4.25% 29.52% 37,195.20 9.31% 3,167.86 Independence 477,361,467 -1.37% 38.61 % 48,648.60 12.61 % 5,447.64 Loretto 46,244,015 -9.42% 3.74% 4,712.40 3.41 % 155.40 Maple Plain 91,010,859 -12.49% 7.36% 9,273.60 -0.10% $ (9.62) Medina 132,129,100 -6.58% 10.69% 13,469.40 6.69% 845.16 Minnetrista 124,675,269 -7.51 % 10.08% 12,700.80 5.56% 668.56 TOTALS 1,236,431,564 -4.63% 100.00% 126,000.00 8.88% 10,275.00 2014 Market Value PSC Basin 2015 Op Budget Increase over Prey Year 2015 Approved %age Amount %age Amount Greenfield 350,761,259 -3.90% 28.05% 35,539.65 -4.45% (1,655.55) Independence 480,214,274 0.60% 38.40% 48,656.01 0.02% 7.41 Loretto 48,868,030 5.67% 3.91 % 4,951.38 5.07% 238.98 Maple Plain 97,240,148 6.84% 7.78% 9,852.51 6.24% 578.91 Medina 149,430,452 13.09% 11.95% 15,140.51 12.41% 1,671.11 Minnetrista 124,158,610 -0.41% 9.93% 12,579.93 -0.95% (120.87) TOTALS 1,250,672,773 1.15% 100.00% 126,720.00 0.57% 720.00 LORETTO VOLUNTEER FIRE DEPARTMENT CONTRACT FOR FIRE SERVICE THIS AGREEMENT, effective January 1, 2013, by and between the Loretto Volunteer Fire Department, Inc., a Minnesota non-profit corporation with its registered office at Loretto, Minnesota (hereinafter referred to as "the Department"); and the cities of Corcoran, Greenfield, Independence, Loretto, and Medina, Minnesota municipal corporations in the County of Hennepin and State of Minnesota (hereinafter referred to individually as "City" and collectively as "Cities"). WITNESSETH: WHEREAS, the Cities desire to contract with the Department for Contracted Services, as herein defined, within each City's Fire Service Area described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as "Fire Service Area"); and WHEREAS, the Department has the necessary equipment, trained manpower and facilities to provide Contracted Services and is willing and able to provide such services to the City on the terms and conditions contained herein; and WHEREAS, the parties have agreed upon pricing of Contracted Services to the Cities by formula, based upon (a) estimated market value of properties in the Fire Service Area, (b) historic usage of Contracted Services to each City, and (c) the Department's estimated annual operating costs, including capital equipment expenditures and an annual payment to the Department's Fireman's Relief Association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. DEFINITION OF TERMS. For the purpose of this Agreement, the terms in this section shall have the following meanings: 1.1. "Contracting City" means any city which is a party to this Agreement for purposes of apportioning costs of Contracted Services. At the effective date hereof the Contracting Cities are Corcoran, Greenfield, Independence, Loretto, and Medina. 1.2. "Contract term" means the 3-year term of this Agreement during which Contracted Services will be rendered to the Cities by the Department, commencing January 1, 2013, and expiring December 31, 2015. 1.3. "Budget" means the Department's 2013 expense budget contained in Exhibit B attached hereto and made a part hereof. -2- 1.4. "Capital Outlay" means the Department's long range capital expenditure plan described in Exhibit C attached hereto and made a part hereof and may be amended and restated from time to time during the term hereof in substantially the same form. The Budget contains a line item expense entry entitled "Capital Outlay" that represents the estimated annual capital expenditures planned for the current year, based upon the Department's long range capital expenditure plan. 1.5. "Contracted Services" means firefighting, fire suppression and fire prevention, emergency incident management, rescue, emergency medical services, and hazardous materials response. 1.6 "Cost Allocation Data" mean data described in Exhibit D entitled "2013 Contract Proposed City Amounts," which is a 1-page summary of (a) 2012 estimated market values of properties that are not tax-exempt within the Fire Service Area of each Contracting City and (b) historic usage data measured in call hours and averaged over the three (3) most recent calendar years. 2. AGREEMENT FOR SERVICE. During the term hereof, and during any extended or renewal term, the Department agrees to maintain equipment and manpower capacity and capability at not less than current levels and to provide Contracted Services to the Cities on the terms and conditions contained herein. 3. LEVEL OF SERVICE. 3.1. The Department shall employ its best efforts to protect and save life and property from destruction by fire or medical emergency in the Fire Service Area. Such efforts will include fire inspection and prevention services. 3.2. Notwithstanding the generality of the foregoing, the Department agrees to purchase, own or lease, and, in all events, maintain in good order and repair such firefighting apparatus and related equipment as may be necessary and suitable for delivery of Contracted Services in the Fire Service Area as the Department may deem appropriate to its mission and contracted responsibilities, making reasonable good faith efforts to provide Contracted Services when notified or dispatched; PROVIDED, however, that calls for Contracted Services in the Fire Service Area of any Contracting City shall have no less priority than calls in the Fire Service Area of any other Contracting City. -3- 3.3. All decisions concerning call priority shall be made in the sole discretion of the Fire Chief or other Department officer who may be in charge in the absence of the Fire Chief, and such decision shall be final when exercised in good faith and upon a reasonable basis. FURTHER PROVIDED, nothing herein shall be construed to require the Department to respond to a call when all available equipment and personnel are responding to a previously reported call or when weather and road conditions are such that, in the discretion of the Fire Chief or other Department officer in charge, the call cannot be made with reasonable safety to officers, fire fighters, and equipment. 3.4. The Department shall provide mutual aid service to a call in any portion of a Contracting City that is not within that City's Fire Service Area if service is requested by a fire department having primary responsibility in that portion of the City; PROVIDED that such service shall be furnished as soon as reasonably possible without jeopardizing the Department's ability to respond to a call for service in any Contracting City's Fire Service Area. 4. COST OF SERVICE. The cost of Contracted Services to the Cities shall be determined by formula for each calendar year during the term of this Agreement, using the Cost Allocation Data described in Exhibit D. Estimated market value of all properties that are not tax-exempt within the Fire Service Area will determine 50% of the cost, and average usage of Contracted Services over the three (3) most recent calendar years will determine 50% of the cost allocated to each Contracting City. 4.1. The Department's 2013 Budget payable by the Contracting Cities is $360,000, allocable as follows: Corcoran $ 70,808 Greenfield $ 76,271 Independence $ 79,070 Loretto $ 37,314 Medina $ 96,537 4.2. The allocated costs of Contracted Services to each Contracting City shall be payable in monthly or, upon mutual agreement of the Department and the Contracting City, in quarterly installments. 4.3. The estimated market value for the Fire Service Area of each Contracting City is based upon the estimated market value of all properties that are not tax-exempt within the Fire Service Area for the year immediately preceding the budget year. The source of estimated market value shall be amounts compiled by the office of the Hennepin County Assessor and provided to the Department by the Contracting Cities prior to July 1 of each year during the term of this Agreement and any extended or renewal term. -4- 4.4. Level of service usage calculations in each Contracting City shall be determined by the number of fire, emergency medical and rescue, and mutual aid calls responded to by the Department, measured by personnel hours expended, using a 3-year trailing average. 4.5. Capital Outlay is included in the Budget as a line item expense and will be funded through the Budget by all Contracting Cities. 4.6. In the event that the Department incurs an unbudgeted expenditure to rent or lease specialized equipment or contracts with personnel to provide fire protection or emergency response services in a specific instance, the Contracting City where the services are provided shall bear all costs incidental thereto, less any amounts reimbursed or otherwise recovered by the Department from the property owner or the property owner's insurer. 5. ADMINISTRATIVE RESPONSIBILITY. 5.1. Contracted Services rendered to the Contracting Cities pursuant to this Agreement shall be under the sole direction of the Department, and the Department shall have exclusive and complete control over the delivery and performance of Contracted Services. 5.2. The level of services rendered, standards of performance, hiring and discipline of personnel assigned, and all matters related to Department policies, procedures, rules and regulations shall be consistent with the policies, standard operating procedures, and historic levels of service provided by the Department. The delivery and performance of such services at all times shall remain within the sole direction and control of the Department, but shall be subject to periodic review by the Fire Advisory Board. 5.3. Personnel assigned to provide Contracted Services hereunder shall be volunteer officer and firefighter members of the Department, which shall assume all obligations with respect to workers' compensation, Firefighter Relief Association payments and benefits, withholding tax, and insurance for each Department member or volunteer firefighter. The Department and its members, employees and agents shall be independent contractors and not employees of any Contracting City, and the Department shall be responsible for timely payment of all taxes, workers' compensation benefits, and compensation for injuries to its members, employees and agents while performing their duties. No Contracting City shall be required to provide any of the foregoing compensation or non -wage benefits or assume any other liability of employment to any employee or other person assigned to duty by the Department within the Contracting City. 5.4. Dispute resolution. Any disputes between parties to this Agreement concerning functions and services to be rendered hereunder or the level or manner of delivery and performance of such services shall be resolved by the Fire Chief of the Department and a duly authorized representative of any Contracting City that is involved in the dispute. -5- 5.5. Annual report. The Department shall provide an annual report to each Contracting City to reflect the most recent 5-year history of fire and emergency medical response calls in the Fire Service Area, the most recent 3-year summary of Department revenues and expenses, a current list of fixed assets and capital equipment, and any other information that the Contracting City may reasonably request. 6. TERM AND TERMINATION. 6.1. The term of this Agreement shall be three (3) years, commencing January 1, 2013, and terminating December 31, 2015, and shall be renewed automatically thereafter for successive 3-year terms unless terminated by written notice prior thereto pursuant to the following: (a) For any reason at least one (1) year prior to date of termination; or (b) For cause at least ninety (90) days prior to date of termination. 6.2. Any notice of termination shall be given in writing in the manner provided in Section 9.1 of this Agreement. 7. FIRE ADVISORY BOARD. A Fire Advisory Board (hereinafter referred to as the "Advisory Board") will be comprised of the Fire Chief of the Department and city administrators and police chiefs or another designee from each of the Contracting Cities. The Advisory Board will meet not less frequently than quarterly to review Department policies and standard operating procedures, levels of service and performance, operating and capital budgets, future fire service needs, capital improvement plans, and pension funding requirements. 8. FIRE DEPARTMENT RELIEF ASSOCIATION. Annual retirement costs paid to the Fire Department Relief Association shall be included as a line item expense in the Budget. 9. MISCELLANEOUS. 9.1. Notice. Any notice required or permitted to be delivered in connection with this Agreement shall be in writing and may be given by certified mail, facsimile or electronic mail, hand delivery, or by overnight courier and shall be deemed to have been received (a) if given by certified mail, return receipt requested, three (3) days after date of deposit in the United States mail, postage prepaid; (b) if given by facsimile, electronic mail, or hand delivery, when such notice is received by the party to whom it is addressed; or (c) if given by overnight courier, when delivered. Notice shall be sent to the parties at the addresses set forth below; PROVIDED, that any party having a change of address shall provide such change of address within five (5) business days to the other parties: If to the Department: With copy to: If to Cities: -6- Loretto Volunteer Fire Department, Inc. 259 North Medina Street — P.O. Box 22 Loretto, Minnesota 55357 Attention: Jeff Leuer, Fire Chief Telephone: 763-479-3036 Facsimile: E-mail: jleuer@ci.loretto.mn.us James S. Lane, III, Attorney at Law 125 Lake Street West, Suite 208 Wayzata, Minnesota 55391-1572 Telephone: 952-473-2241 Facsimile: 952-4765957 E-mail: iameslane@gwestoffice.net City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 Attention: Jeanie Heinecke, City Clerk Telephone: 763-400-703 2 Facsimile: 763-420-6056 E-mail: jeinecke@ci.corcoran.mn.us City of Greenfield 7738 Commerce Circle Greenfield, Minnesota 55373 Attention: Kathryn E. McCullum, Administrator -Clerk Telephone: 763-477-6464 Facsimile: 763-477-6472 E-mail: kmccullum@ci.greenfield.mn.us If to Cities (continued: -7- City of Independence 1920 County Road 90 Independence, Minnesota 55359 Attention: Toni Hirsch, City Administrator Telephone: 763/479-0513 Facsimile: 763/479-0528 E-mail: thirsch@ci.independence.mn.us City of Loretto 279 Medina Street North, Suite 260 P.O. Box 207 Loretto, Minnesota 55357 Attention: , City Clerk Telephone: 763/479-4305 Facsimile: 763/479-2685 City of Medina 2052 County Road 24 Medina, Minnesota 555340 Attention: Scott Johnson, City Administrator/Clerk Telephone: 763/479-4643 Facsimile: 763/473-93 59 E-mail: Scott.Johnson@ci.medina.mn.us 9.2. Captions_ Captions and paragraph headings contained in this Agreement are for convenience of reference only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. All capitalized terms shall have the meanings ascribed to them in this Agreement. 9.3. Entire agreement. This Agreement, together with exhibits hereto, constitutes the entire agreement between the parties, supersedes any prior or contemporaneous oral or written agreements regarding the subject matter hereof, and may not be amended or changed, nor any provision waived, except in writing by the parties. -8- 9.4. Benefit and succession. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns, but may not be assigned without the written consent of the party or parties to be charged. 9.5. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement; PROVIDED, that the parties continue to realize the principal benefits of the transaction or rendering of services contemplated hereby. 9.6. Counterparts_ This Agreement may be executed in counterparts, all of which shall constitute one and the same instrument, but each copy shall be deemed an original. Facsimile or electronic signatures shall be binding as if they were an original signature. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the effective date hereinabove stated. LORETTO VOUNTEER FIRE DEPARTMENT, INC. CITY OF CORCORAN By: By: Jeff Leuer, Fire Chief Mayor and and By: By: Assistant Fire Chief Its: -9- CITY OF GREENFIELD CITY OF INDEPENDENCE By: By: Mayor Mayor and and By: By: Its: Its: CITY OF LORETTO CITY OF MEDINA By: By: Mayor Mayor and and By: By: Its: Its: Exhibits: A — Fire Service Areas A-1 Corcoran A-2 Greenfield A-3 Independence A-4 Loretto A-5 Medina B — 2013 Loretto Fire Department (Operating) Budget C — Loretto Fire Department Capital Outlay Plan, 2013-2023 W a Q w Q LL O Z Z HANOVER FIRE DEPARTMENT \ A B C D b E F g 0 0 at na to ran- N TOVMSHIP _.A x w,.-...-_ 10900: m .fin s ,J-\ \ _. —_ _...__ - _ � £ @ u M. im Ho FO vam.._.�c. x� g. ,vr E-i ANI a TRY TOVMSHIP OF HASSAN 6 - .;110900 ', k , 3u1LRrIR+' --a4 ae 3 — _ 8H_ S� 1 6 .__ t! --\— ,p.—! Fi $NA e ,I 1 -- -- .- .. �i 1 5 e Din, DASD. LA HMO RD $ 1 Kam! plgu, P!.W i i !I � Maw. u 1 "4a4,4,, v.$1 —10100 �{ -- assllm m ,. ti,.uy• 0w-4' ` Df SnRN 8 rn &{v :v, O tl w.a �' 4 omae 10100 6 o — l "ppS � E '� rrseun " s `y 2 ' m ISA_ 70- (P& �� y w°�ns \ r AMAY �1own. I LIT�e 4 nom no e �, mg 8 n O 3 -0 2 i.y 5 I, I' t a 9300 m re`� I Alt a �}- in'''''''in'''''''— ''''' - 9300 - ywoo 1 8 5M t1>L»8i �go •. I1 T 3 1 awns ROAD 3 �;�: YAWggmG11 an % b.RNR - gl; ' _ eI_-._ i 81} . ro.q> AV ro D e g; 2k. 1 — �` s YFrinDIROAD 6, 38500 8500 = -I -� - aouTlH �'. rLAtt .k. .eiq � F\N 4 0,„,, . .b m MU- ��° 4 CC gDO _ 1.4 - ,0 _ _Pc MO 8 W . _ I ,;. . Tv car colRs P 7700 r°;.I DO y� •{ @ "� �0 YRr�J Qt SSA• ,: - A..,g Noam R o g $: $ 5 _ -a 4 5 1 I. �I 4' MTSfRot ', U Dn1¢Mi 11 ! 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D-6 HIGHLAND BRANDYWINE ROAD F-3 HILLSIDE D BUCKSKIN TRAIL E-5 HOMESTEAI BUTTERWORTH LANE E-6 HORSESHD HORSESHOI C HUNTER U CNN ROAD 0-2 HUNTER RL HUNTERS F CATES LONGHORN ROAD C-6 CHAPARRAL CIRCLE C-1 J CHAPARRAL LANE C-1 JACKIE LAI CHERRY LANE F-2 JurHtY L CHESTNUT DRIVE A-B JUBERT U CHISHOLLL TRNL C-2 JULIE ANN CIMARRON CIRCLE E-5 K CIRCLE LANE 0-2 �� ROAI COMMERCE STREET E-5 CORCORAN 1RNL EAST E-4 CORCORAN TRAIL WEST E-4 L COUNTRY CIRCLE EAST F-1 LAKEWEW I COUNTRY HILLS DRIVE C-1 LARKIN RO COUNTY ROAD 10 0-3 LARSEN RC COUNTY ROAD 16 A-1 ULY POND COUNTY ROAD 30 A-2 COUNTY ROAD 50 D-4 COUNTY ROAD 101 F-1 (Brockton Lane) COUNTY ROAD 116 E-3 M COUNTY ROAD 117 E-1 MAPLE HIU COUNTRY ROAD F-1 MAPLE LAF CREEKVIEW CIRCLE B-2 MAPLE Ue MEADOW 0 D MEADOW 0 DARRELL LANE E-1 MEADOW L DASSEL LANE E-1 MEADOW W DUFFNEY CIRCLE E-2 MEISTER CI DUFFNEY DRIVE E-2 MEISTER R MOHAWK D MYSTIQUE EAGLE RIDGE ROAD D-4 EBERT ROAD D-2 ELM RIDGE CIRCLE F-6 ELM STREET E-6 FOX VALLEY DRIVE C-2 FOXUNE DRIVE C-3 GARDEN LANE B-2 GARRISON LANE A-3 GARRISON ROAD A-3 GLEASON ROAD F-6 l+l' Bonestroo vg Rosene r� Anderllk & ftl Associates NYSTROM 1 OAKDALE L OAK RIDGE OLD SET U OLDE STUR OLDE STUR OSWAID FI PARK TRAI PATRICK P. PIONEER R FIRE DEPARTMENT HAMEL LORETTO HANOVER ROGERS Cht. LORETTO FIRE DEPARTMENT HAMEL FIRE DEPARTMENT A. - CITY OF GREENFIELD STREET MAP A B C D E F / '� — Pre$lwick"�My�nx �icak Ct ��g1 ,:. _ Y • - fir" x, I - +s+ :- MAd W- 4 S �,,` NUMBERED 65thAve N CB Indian Trail C3 BBih La N EB K 69th Ave N C5 Kilkenny Way C5 (82) 69th La N 8-05, F6 Kola SI C5 (A1-2) 70th Ave N F5 Kurt St D5 71stAve N D5, FS 71st la N D5, F5 Lake Sarah Heights Dr E6 73rdAve N DS Lake Sarah La EB 73rd La N DS Lee St D5 75th La N E5 Linda La f1. F6 76th Ave N F5 76th La N E5 Mark SIN 7th 8La N E4 t D5 N F4 N 82nd Ave N C4. E4 Nielson Cir F6 84th Ave N C4 North Shore Dr D-E6 84th La N E4 0 851hAve N 03 Owen St D5 871h La N D3 P 90Ih La N 03 Pioneer Trail F1.6 94thAve N E2 Prestwick Way C5 (Ai) i041hABve N Ft Q Quail Ridge Trail D5 Basswood Cir D4 Basswood La G-D4 Queen St F5 6 Belle Street F5.6 R C Rebecca Park Trail A-86, C-F5 Red Fox Trail C5 (81) Cabinet Dr E5 Cavanaugh Green 04 S Cavanaugh Run 04 Salem La F3 Cedar St C4 Schendel Lake Dr F4 Clay St E5 ScoltSt D2 Commerce Cir CB Sioux Trail D6 Country Cir F6 Sterling Dr C5 (RD Country La F6 SunselTroll D2 D T Davis St E4 Tamarack St 86 Dogwood St C5.6 Town Hall Dr E5, F6 E V Elmwood Dr D6 Vernon St D3-5 Erick La E4 Vernon Way D2 W Fern La F4 West Sarah Lake Or C6 Fox Creek Ct e5 (e1) Whisper Creek Trail 03 G Woodland Trail C-F3 Grace F3 X Greenfield Rd Et-6 Xenia Ct E3 H Xenia St E2.3, C4 Had(Rd D-F1 y Hidden La D5 Yvette St E6 Holloway Farms Rd El 2 -- - - '- --- 2 — • !.aal c i i. ;,.- ai Feet • t -, 3 t'"R'rR10 •- 1p00MAit 4000 2000 0 4000 r e -'x a - _ - - �.I '. nN s' u:A. g 3 4 ... +wry- M'" • "°''`fix - S'' d �F s,-.,= t i _. — .+-,+ _ .'.,_' .-.� — at .. ,''fir y Ah" - y. s �? i "'"' ,inlir - - ;e,u,R. — 4 — �7 ,,�� Ry �x".+ .rT:is aK a pp 'a Y -�• - '`,w -: >y6 �` ,„ 1 a , i' ' _ - -c,; s -"i6" 2,1M1}/.�N s .5 _ E �, 5 C CJ ��•ri,. -'.a 'r n '}, -3 - yy N.x i�ry -,� yam, ul, il `�n,�� - {"" rpm 5 — s — eer..i,au - q - '�""-• r 1,« ' 64'1A ilk i. 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'� y ,, I \. y - l'�- ' y•,; - _-._, s .-- 1:1195711957maplgisiavplstreet-indexed. mxd ✓ A B C D E F 444 41116... hrI'Ar SO", FAC;•Ai Ai At 4 4 v.., AP , 4111' ...441.11111111r wir 110.014.49111, frAS'r4r4Wee'r"---- Al° A rYt P*er," tRAPArieg-4f.0.‘ 4 • r14/00 rr frf-4Pr#Pordi',f; rr_Mid. 4-4401.2 ....,...„„. 01•10#fA g...-..-t.7.12...1.,groy, Ad li 10,1 '`'.'34L- - " ' 4, .0,, Afr,,-2,1pproi _ -001,4511111r $ ePAIGAS 4 eli"- Ai' '' 4 ' ' r rprir sk, .-1. illr,Ord4 rArair ' i ..ili. 4 A 4 , ,i410:_, i 0,1'4'04" r . r '',20;•-;" Ker I#41r , i 1 Aii;' 014.f , 4 ,dr,,..1., 1 44% 07,#,F?: .._. orA/ 0009 , ....7. - t • I 4 r r r '' Vi"P4ifirpe .4 4.421r .4,4401 4.14'614i.P ',94, r 11111,- A -3 a :a p e r a .t.,) istr Legen1 Actual HouE Maple Plain Delano Fire Loretto Fire DNR_Public . 3 5 0 . 7 ix/1 o C e. a t 3 Ci : 3,apt3tri.)er ")., u s !.. n c' G r o by ::ose Loi-suni Hennepin C0L!r t N A D 8 3 , 1J T Z ( CITY OF LORETTO 4 wit Basemap IIIV Chippewa Road Creetview Lane Summit Avenue Crestview Lane Hillviev, Lane_ Railw y S . E U C44, �9p/H Eisen Street Loretto Street C�F�C R,q/4,., qy Albert Street Meadow Drive October 2007 Source: Hennepin County, Minnesota Department of Natural Resources and Northwest Associated Consultants, Inc. NORTHWEST ASSOCIATED CONSULTANTS, INC. 0.05 0.1 "/ Loretto City Limits Loretto City Parcels 0.2 0.3 0.4 0.5 Miles 321Id NIVld 31dVIA1 3HIA Mitrl ONO, 32lIA 01132101 73NIVH ON3931 NSL OVN 'wit) soot Apr dory sswpPit ANO dVIN 13Id_LSIG 3611d VAIK131,11 LORETTO FIRE DEPARTMENT BUDGET 2013 Code Description 2013 Budget 101 Staff Salaries $20,000.00 170 Officers Pay $7,000.00 180 Training Drill Pay $14,800.00 185 Task Reimbursement (Points) $3,290.00 190 Salaries (Firefighters) $27,950.00 191 Meeting Salaries $2,570,00 121 FICA $15,000.00 151 Workers Comp. Insurance $8,500.00 200 Office Supplies $1,000.00 205 Computer Software $1,000.00 208 Training Supplies $17,000.00 210 Equipment Supplies $10,000.00 211 PPE Supplies $15,000.00 212 Motor Fuels $5,000.00 216 Pancake Breakfast $3,000.00 217 Fire Prevention $4,000.00 218 Medical Supplies $3,500.00 219 Safety Supplies $1,000.00 300 Professional Services $1,500.00 305 Medical Services $1o,000.00 321 Telephone $4,000.00 322 Postage $300.00 325 Pagers $13,000.00 331 Mileage $soo.00 350 Printing $200.00 361 General Liability $12,000.00 381 Electricity $3,000.00 383 'Gas Service $4,000.00 384 Garbage $0.00 401 Office Rent $7,800.00 402 Building Maintenance/Repair $12,000.00 409 Other Equipment Repair $15,000.00 418 Radio Rental $10,000.00 433 Dues & Subscriptions $2,000.00 434 Conferences & Schools $13,000.00 450 Donations/ Funerals $2,000.00 500 Capital Outlay $46,073.78 550 Property Expenses $5,000.00 580 Building Sinking Fund $0.00 590 Salaries - Sinking $0.00 600 Pension $55,000.00 610 Bank REC 700 Payroll Expense $17,000.00 Total Budget - All Expenses $393,283.78 LORETTO FIRE DEPARTMENT BUDGET - ALL OPERATIONS Income 2013 City Contracts $360,850.38 Donations $6,000.00 Relief Assn Donation $15,000.00 Interest $50.00 Money Market Int. $250.00 Rent $5,000.00 Refunds Grants $8,465.00 Total $395,615.38 Evh; Loretto Volunteer Fire Department - Capital Outlay plan 2013 - 2024 Category 2013 2014 2012 Utili 11 2015 2016 2017 2018 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 1992 Rescue 11 1996 Saber Pumper 2000 Dash Pumper Tanker 2006 Kenworth Tanker 11 2006 Ford F250 Aerial Ladder 100ft $ 30,000.00 Building Improvements $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 23,500.00 $ 23,500.00 $ 23,500.00 $ 23,500.00 $ 103,500.00 $ 103,500.00 Homotro Rescue Tool 2006 Scott SCBA's Command Vehicle Rescue Boat Gator Grass Rig OHV $ 30,000.00 Turnout Gear (5) $ 10,000.00 $ 11,000.00 $ 11,000.00 $ 12,000.00 $ 12 000.00 3,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 800 Mhz Radios Thermal Imager To el o $ 60,500.00 $ 101,500.00 $ 139,000.00 $ 212,500.00 $ 267,500.00 $ 268,500.00 g ry 2019' 2020' 2021 2022 2023 2012 Utility 11 $ 22,000.00 $ 22 2024 $ 5,000.00 $ 5,000.00 $ 7,500.00 ,000.00 $ 22,000.00 $ 22,000.00 1996 Saber Pumper 2006 Dash Pumper Tanker 2006 Kenworth Tanker 11 2006 Ford F250 1994 Rescue 11 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40 000.00 $ 40,000.00 $ 40,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Aerial Ladder 100ft $ 80,000.00 $ 80,000.00 Building Improvements $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 103,500.00 $ 103,500.00 $ 103,500.00 $ 103,500.00 $ 103,500.00 $ 103,500.00 Homotro Rescue Tool 2006 Scott SCBA's Command Vehicle Rescue Boat Gator Grass Rig OHV Turnout Gear 800 Mhz Radios Thermal Imager Total $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 13,000.00 $ 14,000.00 $ 14,000.00 $ 15,000.00 $ 15,000.00 $ 15 00 0.00 $ 263,500.00 $ 264,500.00 $ 314,500.00 $ 330,500.00 $ 293,500.00 $ 293,500.00 AGREEMENT AND CONTRACT FOR FIRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this 20th day of December, 2013 by and between the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter referred to as Hamel VFD). WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide fire protection service to Medina. WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1. Definitions Administrative Expenses - Those expenses not directly related to the provision of Hamel VFD services, building or equipment maintenance, and personnel education and training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant fees, office supplies, computer expenses, health and safety programs and labor costs associated with department administration. Annual Fire Services Capital Budget - The calendar year capital budget of Hamel VFD. The Annual Fire Services Capital Budget includes major equipment items and major repairs/rehabilitation of the Fire Station. Annual Fire Services Operating Budget - The calendar year operating budget of Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of operations including, but not limited to, the costs of the on -going operation and maintenance of the fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire Relief Association Retirement Fund. City Fire Service Area - The area within a Contracted City provided fire protection by Hamel VFD under this contract and shown in Exhibit A of this Agreement. Contracted City(ies) —Any city which is a parry to this Agreement for purposes of apportioning costs of services. At the effective date hereof the Contracting City(ies) is Medina. Emergency Management Services - Functions that shall be performed by Hamel VFD as identified in the respective emergency operations plan of each Contracted City on file with the Hamel VFD. 1 Emergency Medical Services - Functions that shall be performed by Hamel VFD directed at the provision of treatment to patients, including first aid, cardiopulmonary resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced Life Support and/or transport to a hospital or other health care facility. Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director and other designated representative(s) of each Contracted City. Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at rescue, fire suppression, property conservation or special operations involving individuals, buildings or property that are involved in a fire or other emergency situation. Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire cause investigation and determination, pre -fire planning and inspection, hazard identification and elimination, public education, and other activities with the goal of proactively improving the safety of life and property. Hazardous Materials Response Services - Functions that shall be performed by Hamel VFD directed at the identification, isolation, mitigation and/or removal of hazardous materials. A hazardous material is defined as any substance that presents an unusual danger to persons due to properties of toxicity, chemical reactivity or decomposition, corrosiveness, explosion or detonation, etiological hazards or similar properties. Municipal Share - The portion of the Annual Fire Services Operating Budget that will be funded by service fees paid by the Contracted Cities. Rescue Services- Functions that shall be performed by Hamel VFD directed at locating endangered persons at an emergency incident, removing those persons from danger, treating the injured, and preparing for transport to an appropriate health care facility. Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted Cities. 2. Services to be Rendered During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting Services, Fire Prevention Services, Emergency Management Services, Rescue Services, Emergency Medical Services, Hazardous Materials Response Services, necessary building plan reviews and related fire protection services to the Contracted Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A (hereinafter referred to as the " Total Fire Service Area"). All of said Total Fire Service Area is located within the corporate limits of the Contracted Cities. 2 3. Level of Service A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this Agreement, including, but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of a Contracted City. In the event of two or more fire calls received within the same time frame, Hamel VFD shall respond to the call that involves a higher threat to life, safety and property. If comparable calls are received within the same time frame, the call first received shall have priority and the following calls shall be answered as soon as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. Hamel VFD will arrange for fire service and protection through mutual aid contracts as needed. B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts of a Contracted City if service is requested by a fire department having primary responsibility in that portion of the Contracted City; provided that such service shall be furnished as soon as reasonably possible, without jeopardizing Hamel VFD's service to the Total Fire Service Area. C. Hamel VFD shall regularly train all fire fighters in areas including, but not limited to, modern firefighting techniques and methods, HAZMAT response, and terrorism response which are applicable to the level of service required by this contract for a Contracted City. D. Desirable Performance and Service Measures 1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call. 2. Hamel VFD shall respond to each fire call within ten minutes of dispatch. 3. Health and Wellness (programs, selection, training) a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by Occupational Safety and Health Administration (OSHA). b. Hamel VFD shall require each fire fighter to receive a physical examination every two years. 4. The following information shall be reported to the Advisory Boaid: a. Quarterly Minimum Reporting: i. Quarterly Calls ii. Quarterly Complaints iii. Quarterly Budget and Expenditures b. Annual Minimum Reporting: i. Statistics of all calls ii. Pension Obligations, including annual reports iii. Response times iv. Fire Equipment Certification for State Fire Aid Payable v. Community Involvement and Outreach vi. Certification of Service Areas Protected (pertaining to Hamel Fire Relief Association) 3 vii. Balance Sheet listing all Hamel VFD Assets and Liabilities viii. Compliance against the "Minimum Position Qualifications" described in Exhibit B of this Agreement for the current Hamel VFD roster. 5. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding fire protection, fire prevention, public life safety education, fire suppression, volunteer/professional qualifications, training, professional clothing and equipment, apparatus, and hazardous materials. 6. Hamel VFD shall use National Fire Protection Association (NFPA) standards as a reference regarding the ongoing maintenance, inspection and upkeep for all equipment used in delivering the services listed in Section 2 of this Agreement. 7. Hamel VFD shall comply with all OSHA rules and regulations. 8. Hamel VFD shall use an accounting style reasonably accepted by the Contracted Cities. 9. Hamel VFD shall implement a process for the handling of complaints related to the services listed in Section 2. The process will follow the framework described in Exhibit C of this Agreement. 4. Command Responsibility Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and the emergency operations at such scene or scenes. The highest ranking official, with the highest level of certification, shall have command responsibility for medical emergencies. 5. Volunteer Fire Fighters of Hamel VFD Personnel assigned to provide fire protection services in a Contracted C i t y shall be volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, insurance, etc. for said volunteer firefighters. The cost of such obligations shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual Fire Services Operating Budget package. 6. Insurance and Indemnification Hamel VFD shall indemnify and hold harmless each Contracted City, their officers, agents, representatives, and employees, from and against all damages, claims, losses, costs or expenses including reasonable attorney fees, which may be asserted against a Contracted City, or for which they may be held liable, arising from any act, omission, or negligence of Hamel VFD, its agents, employees and firefighters while engaged in the 4 performance of services under this Agreement and as defined in Section 2. Hamel VFD shall maintain liability insurance for these purposes in an amount no less than $2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall annually provide a certificate of insurance to each Contracted City. The cost of such insurance shall be a part of the costs attributed to the operation of Hamel VFD and will be included in the Annual F ire S e ry ices Operating Budget. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 7. Liability Insurance Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing itself and each Contracted City as a named insured against any and all claims by Hamel VFD firefighters for personal injury sustained while performing services under this Agreement. The amount of the insurance coverage shall be reviewed annually and if determined to be inadequate the amount of the coverage shall be adjusted accordingly. Nothing in this contract shall be construed as waiving the statutory liability limits of any city which is a party to this Agreement. 8. Hamel VFD Operational Responsibility Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for managing the on -going operation and maintenance of the Hamel VFD Fire Station. This includes carrying hazard insurance on the Fire Station and its contents. The costs related to the operation of Hamel VFD, including the on -going operation and maintenance of the Fire Station, shall be included in the Annual Fire Services Operating Budget. 9. Budget Package Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire Services Operating Budget. This budget will become the official Annual Fire Services Operating Budget upon ratification by the Contracted Cities. When the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the budget without the approval of all parties to the contract except as provided in Section 13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget increase shall be limited to the average of the most recently approved annual General Fund Expenditure Budget increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is approved by the Contracted Cities and Hamel VFD. The Annual Fire Services Capital Budget must be approved annually by the Contracted Cities and Hamel VFD and is not subject to any automatic average annual increase. 5 9.1 Budget Process By June 1st of each year during which this Agreement remains in effect, Hamel VFD shall provide an Annual Fire Services Operating Budget and an Annual Fire Services Capital Budget covering the costs related to the provision of fire protection for the next year. The budgets provided to the Contracted Cities must have been presented to the Advisory Board prior to May Pt for discussion and review. Although it is expected that the operating and capital budgets, which are provided to the Contracted Cities by Hamel VFD, will have the consensus support of the Advisory Board, that is not a requirement since each Contracted City has the opportunity for final ratification or rejection. 10. Term of this Agreement This Agreement covers the initial period of January 1, 2014 through December 31, 2015. A Contract Year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracted Cities and shall be renewed automatically for successive 2-year terms unless terminated pursuant to Section 20 of the Agreement. 11. Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Annual Fire Services Operating Budget, the following will be used: Special Equipment Fund - shall refer to monies set aside for the purpose of acquiring new or refurbished equipment as needed by Hamel VFD to continue to provide the desired level of service. Special Reserve Fund - shall refer to monies set aside for the purpose of emergency repairs and replacements of equipment and supplies required by Hamel VFD to continue to provide the desired level of service. The minimum value of the Special Reserve Fund shall be established at $100,000. This amount will be reviewed annually and revised upward as determined necessary. In the event the fund balance drops below the required minimum balance, an Annual Fire Services Operating Budget line item shall be established to amortize the deficit. 12. Capital Expenditures Capital expenditures include the acquisition, refurbishment and/or upgrade of equipment and significant maintenance, repair, or rehabilitation to the fire station. Equipment to be considered Major Equipment include "rolling stock" and significant equipment assets required for performing the fire department mission in the Total Fire Service Area. To qualify as Major Equipment, such assets will typically 6 have an initial purchase value, or other costs, of at least $5,000. Station maintenance, repair or rehabilitation considered as Major Maintenance will have costs of at least $5,000. Hamel VFD shall prepare a 10-year Major Equipment investment and replacement plan, and a 10-year plan for Major Maintenance. These 10-year plans will be the basis for the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack of disapproval of the 10-year plans by the Contracted Cities creates any obligation for final approval or funding of any specific capital expenditure. The 10-year plans will be reviewed and updated annually through the Annual Fire Services Capital Budget approval process. The current 10-year plan will be described in Exhibit D of this Agreement. During the annual budget process provided by Section 9 of this Agreement, Hamel VFD will review the planned capital expenditures, including Major Equipment and Major Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate the acquisition method and ownership shares for each item. In addition, Hamel VFD and the Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles acquired in accordance with the provisions of this Section 12. Without regard to acquisition method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will determine the use, maintenance and upkeep for all equipment used in the provisioning of services. Ongoing operational, maintenance, insurance and administrative costs associated with Major Equipment and Major Maintenance will be incorporated into the Annual Fire Services Operating Budget. The final approval of capital expenditures is done in accordance with Section 9 of this Agreement. When a Contracted City approves the Annual Fire Services Capital Budget, it is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the "Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated and determined available and necessary by the Fire Board. All plans and specifications for major equipment or facilities shall be annually approved by the Contracted Cities Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be done in accordance with Section 17 of this Agreement. Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization of these funds will only be done in accordance with the Annual Fire Service Capital Budget. Purchases funded through the Special Equipment Fund will adhere to considerations consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of this Agreement. 7 Major Equipment and/or Major Maintenance funded in accordance with this section will be listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The following information shall be recorded for each item: i. item Description ii. Original Cost iii. Purchase Date iv. Ownership Shares/Allocation 12.1. Disposition of Assets Upon Termination In the event that this Agreement is terminated as provided in Section 20 of this Agreement: 1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a single party, that party is entitled to take physical possession of that asset. For vehicles, this includes receipt of a title indicating sole ownership by that party. 2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major Asset for cash at the current market value pro-rata to the original amount funded by the Contracted City, or based on the average historical allocation by all Contracted Cities. Hamel VFD has up to thirty (30) days after the termination to exercise this right. 3. In the event Hamel VFD does not exercise its right to acquire full ownership of any Major Asset, the Contracted City with the largest ownership share shall then have the right to purchase full ownership of that Major Asset for cash at the current market value pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD. The Contracted Cities have sixty (60) days after termination to exercise this right. 4. Any Major Asset not acquired 100% by a party through this process will be sold, and the proceeds ofthe sale divided between the parries pro-rata to the ownership allocation from the Asset Exhibit. 5. Any cash balance remaining in the Special Equipment Fund will be distributed to each Contracted City pro-rata to the original amounts contributed. All assets on the Asset Exhibit will be covered by this terminating procedure. Any other physical assets in the possession of Hamel VFD which are not listed on the Asset Exhibit will be considered the sole property of the Hamel VFD. 13. Un-Budgeted/Emergency Expenditures Un-budgeted equipment repair, maintenance or replacement, building repair, supply replacement or other emergency expenditures exceeding 2% of the Annual Fire Services Operating Budget and having a potential negative impact on the operational capabilities and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund. Notification of the use of the Special Reserve Fund will be provided to the Advisory Board within 14 days, including a detailed explanation of the need. Any subsequent reimbursement or refund associated with an un-budgeted or emergency expenditure contemplated in this section will be credited back to the Special Reserve Fund. 8 14. Annual Audit of Actual Costs The Contracted Cities understand and agree that it is impossible to project with complete accuracy the actual costs of labor and equipment, as well as the service to be required by the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly audit to adjust the prior year's estimated cost of service as set forth above to the actual costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will tabulate the actual cost of the fire department budget for the prior contract year and will submit to the Contracted Cities a summary of the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year's Annual F ire S e ry i c es Operating Budget. The Advisory Board shall recommend allocation or financing of any surplus or deficit that exists at the end of the fiscal year. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget amounts as provided in Section 13 and Section 15 of this Agreement. The Contracted Cities reserve the right to request an independent audit of Hamel VFD, at a cost to be funded by requesting Contracted City, provided the frequency is not more than biennially. 15. Non -forecasted Expenditures Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more shall be given in writing to the A d v i s o r y Bo a r d prior to actual expenditures for such items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be included in the Annual F ire S e ry ices Operating Budget as if ratified originally. 16. Cost Sharing Formula Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter referred to as the Budget Share). The Budget Share for the initial Contracted City shall be 100% of the Municipal Share. At such time as there is more than one Contracted City, the sum of all Budget Shares shall be 100% of the Municipal Share. The determination of the Budget Share for each Contracted City will be based upon a formula which will be agreed to by all parties. 17. Contract Payments The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal quarterly installments on January 31, April 30, July 31 and October 31 of the next contract year by the Contracted Cities to Hamel VFD. The invoices will contain details for both elements of payment. 9 The amounts payable by the Contracted City in 2014 are as follows: Budget Share: $ 169,400 (from the 2014 Annual Fire Services Operating Budget) Capital Share: $ 60,000 (from the 2014 Annual Fire Services Capital Budget) Hamel VFD agrees to provide the Contracted Cities with reasonably detailed information relating to the actual expenditures against the Annual Fire Services Operating Budget upon request and on a quarterly basis and agrees to make pertinent records available to the Contracted Cities for inspection for the purpose of determining the basis for the allocation of costs to fire protection. 18. Arbitration If a Contracted City is aggrieved by the determination of Hamel VFD as to the allocation of the actual costs of the prior years' service, the Contracted City may appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by Hamel VFD, one to be appointed by the appealing City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointment of either of the first two arbitrators', the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of any Contracted City, the third arbitrator to the Board. The third arbitrator selected shall not be a resident of any Contracted City, and shall be a city manager or administrator. The arbitrator's expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 19. Fire Advisory Board Role The Fire Advisory Board shall meet no less than two times per year, with regular meetings scheduled in March and July for the purpose of reviewing operational performances, setting goals and providing strategic planning. Any Contracted City or Hamel VFD may call meetings in addition to the regular meetings. This group shall discuss and make recommendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review budget updates. The Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating and capital budget proposals for the next calendar year and arriving at a consensus annual Fire Services Operating Budget and Fire Services Capital Budget according to the timeframes established in Section 9.1 of this Agreement. Advisory Board members are responsible for presenting the operating and capital budgets to the City Council of their respective Contracted City for approval. The Advisory Board shall receive a complete 10 copy of the Hamel Fire Relief Association's Pension Plan Audit as filed with the State Auditor, verifying that the pension fund's integrity is being maintained. 20. Termination of this Agreement This Agreement shall be terminable only as follows: 1. For convenience, any party may choose to terminate this Agreement for any reason provided that such termination is preceded by a minimum of a one (1) year written notice. In no event shall a party issue a termination notice earlier than December 31, 2014. 2. For cause, if a party breaches their obligations under this Agreement in a material respect and the breach is not substantially cured within a ninety (90) day cure period which begins when written notice is served. 3. By mutual written agreement of the Contracted Cities and Hamel VFD who are covered by this Agreement. 21. Provision to adjust City Fire Service Area During the term of this Agreement, a Contracted City may request that its City Fire Service Area be reduced or increased in size. Such a request of less than five percent of the City Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year. In the event that a Contracted City proposes an increase of more than five percent to its City Fire Service Area, Hamel VFD shall have the right to limit the increase to assure that coverage at the service level provided under this Agreement can be achieved by the Department. Such a request of more than five percent must be made one year prior to the desired effective date of the change. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracted City wishes to decrease and/or alter the location by less than five percent of its City Fire Service Area it may do so by specifying those changes in writing by May 1 of the year prior to the Contract Year in which such change is to be effective. In the event that a Contracted City wishes to decrease and/or alter the location by more than five percent of its City Fire Service Area, it may do so by specifying those changes in writing 3 months prior to the desired effective date of the change. 22. New Contracted Cities The Contracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted City as a party to this Agreement. Addition of a new Contracted City to this Agreement requires approval from City Council of each currently Contracted City, which will not be unreasonably withheld. The Budget Share and a cost sharing formula will also be mutually agreed to by all parties. In addition, the parties will undertake actions to ensure that capital contributions made by 11 a Contracted City prior to this event are considered when determining the capital contribution/outlay amount required by the new Contracted City to become party to this Agreement. Hamel VFD will not enter into any other agreement to provide services similar to those described in Section 2 of this Agreement without the approval of City Council from each Contracted City. 23. Legal Compliance This Agreement is governed by the laws of Minnesota. All parties to this Agreement shall comply with all applicable statutory requirements. This Contract replaces any existing contracts and agreements between the parties and is approved by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above. CITY OF MEDINA HAMEL VOLUNTEER FIRE DEPARTMENT Alo FIRE CHIEF %/ CITY ADMI ISTRATO R-CLERK 12 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT A: CITY FIRE SERVCIE AREA Version: December 4, 2013 Exhibit A: City Fire Service Area Page 1 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT B: MINIMUM POSITION QUALIFICATIONS Version: December 9, 2013 Probationary Firefighters I ✓ GED ✓ Background Check ✓ Successful Interview Process Probationary Firefighters II ✓ Probationary Firefighter I plus ... ✓ Firefighter I & Hazmat Operations Firefighters ✓ Probationary Firefighter II plus ... ✓ Firefighter II ✓ First Responder Certified Drivers/Engineers ✓ Probationary Firefighter II plus ... ✓ Completion of Department Driver Qualification Program ✓ Completion of Department Pump Operator Program Fire Lieutenants/Captains ✓ Firefighter plus ... ✓ NIMS 100 & 200 ✓ Blue Card On -Line Certification Program Fire Chiefs ✓ Fire Lieutenant/Captains plus ... ✓ NIMS 700 ✓ ICS 300 & 400 or MN State equivalent (for Fire Chief only) NOTE: Qualifications based on current versions of Hamel VFD job descriptions Exhibit B: Minimum Position Qualifications Page 1 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT C: COMPLAINT PROCESS FRAMEWORK Version: December 10, 2013 1. Hamel VFD will implement a process to receive and investigate complaints against the Department and/or its personnel related to the delivery of the services listed in Section 2 of the Agreement 2. The scope of the policy will include the receipt, recording, investigation and disposition of a complaint against the Department. 3. Anyone who is not a member of Hamel VFD may file a complaint by contacting the Fire Chief. The Fire Chief will make a determination regarding the need for a formal investigation. 4. For complaints not warranting a formal investigation, the complainant will be notified of the decision and the basis for it. 5. For complaints warranting a formal investigation: A. The Fire Chief, at their discretion, may delegate investigation responsibility. B. Upon completion of the investigation, the Fire Chief will review the investigation results and determine what, if any, corrective actions, procedure changes, response protocols, etc. need to be taken. While the Fire Chief may seek input from other parties regarding the complaint or its investigation, any corrective actions will be decided on solely by the Fire Chief and, as appropriate, Hamel VFD's Board of Directors. C. Upon conclusion of the investigation, the complainant will be provided with an appropriate summary of the investigation results and corrective actions. No personnel related actions contemplated or taken as a result of the investigation will be shared outside the Department. 6. All complaints, even those not formally investigated, will be recorded. As prescribed in Section 3 of the Agreement, Hamel VFD will provide reporting of complaints to the Contracted Cities on both a quarterly and annual basis. Exhibit C: Complaint Process Framework Page 1 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT D: 10-YEAR CAPITAL PLAN Version: December 11, 2013 Hamel Fire Department Capital Equipment Plan .... Updated: November 21, 2013 ANNUAL Running 52,667 63,668 57,168 54,821 78,724 63,724 51,885 71,885 67,565 67,565 67,565 Average $ 58,167 $ 57,834 $ 57,081 $ 61,409 $ 61,795 $ 60,379 $ 61,817 $ 62,456 $ 62,967 $ 63,385 Equipment Capital Cost (A) Other Sources MI_IA Funded Capital B1 Type Purchase Year Term 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 SCBA Replacement $98,000 $98,000 $0 C 2014 15 Mobile Radio Replacement $20,000 $20,000 $0 C 2014 5 Lucas Tool $14,000 $6,500 $7,500 C 2014 1 7,500 Ongoing PPE Replacment $5,000 0 2014 5 5,000 5,000 5,000 5,000 5,000 Bldg - Exhaust Removal System $15,000 $15,000 C 2015 2 7,500 7,500 Thermal Imaging Camera $5,000 $5,000 C 2014 1 5,000 Engine 11 Trash Line $10,000 $10,000 C 2016 1 10,000 Hose - 1.75" & 2" $12,000 $12,000 C 2015 2 6,000 6,000 Duty Officer Vehicle $10,000 $10,000 F 2015 5 2,160 2,160 2,160 2,160 2,160 Ranger Vehicle $25,000 525,000 F 2015 3 8,662 8,662 8,662 E11 Rescue Tool Replacement $44,000 $44,000 L 2015 5 9,679 9,679 9,679 9,679 9,679 Defibrillator $3,000 $3,000 C 2015 1 3,000 Utility 11 Overhaul/retrofit $65,000 $65,000 C 2016 3 21,667 21,667 21,667 Command Vehicle Replacement $20,000 $20,000 F 2017 5 4,320 4,320 4,320 4,320 4,320 Grass Rig Storage Rework $10,000 $10,000 C 2017 1 10,000 Air Lift Bag Replacement $10,000 $10,000 C 2018 1 10,000 Pumper/Tanker $550,000 $550,000 F 2018 15 47,565 47,565 47,565 47,565 47,565 47,565 47,565 Portable JAWS tool $15,000 $15,000 C 2017 1 15,000 Engine 11 Refurbishment $100,000 $100,000 C 2025 5 20,000 20,000 20,000 20,000 Bldg: Floor re-stripe/re-seal (TBD) $15,000 1 Bldg: Apron Repair(TBD) $10,000 1 Bldg: Roof $50,000 10 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 ANNUAL PURCHASE TOTALS $ 17,500 $ 114,000 $ 80,000 $ 50,000 $ 565,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Exhibit D: 10-Year Capital Plan Page 1 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT E: CAPITAL PURCHASING PROVISIONS Version: December 10, 2013 Hamel VFD will follow the provisions outlined below when funding purchases through the Special Equipment Fund. Generally, the following thresholds will apply: 1. For purchases over $100,000 — sealed bids, solicited by public notice and subject to any particular specific requirements related to a Contracted City as jointly agreed to by the parties. 2. For purchases between $25,000 to $100,000 — sealed bids or direct negotiation, with two or more quotations whenever possible. 3. For purchases of $25,000 or less — open market or quotations — if done by quotation, more than one quotation will be pursued when practicable. Hamel VFD retains the sole responsibility selecting the supplier, vendor or manufacturer regardless of which of the above considerations was employed. If sealed bids were solicited, Hamel VFD will document rationale for the selection which will be filed with the bid and specifications as outlined below in this Exhibit E. Through a Contracted City, Hamel VFD may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture. For purchases over $25,000, Hamel VFD will consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. At Hamel VFD's discretion, when reasonable and practicable, specifications for sealed bids will be written so as not to be exclusive of certain manufacturers or equipment types. If sealed bids are solicited, the request should be published at least once in the official City newspaper with notice published at least ten days in advance of the last date for submission of bids. No member of the City Council shall be directly or indirectly interested in any contract made by Hamel VFD. Specifications for purchases over $100,000 will include a requirement for a performance and/or payment bond when reasonable and practicable. Bids and quotations should be kept on file for at least a year after receipt. Exhibit E: Capital Purchasing Provisions Page 1 ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION EXHIBIT F: ASSETS Version: December 9, 2013 Ownership Shares/Allocation Hamel VFD Medina Equipment Description Acquisition Date Original Cost ($k) 1984 Ford (Engine E-12) Initial & refurb 1985 157 6% 94% 2006 Spartan (Engine E-11) 2006 341 27% 73% 2007 Pierce (Tanker T-11) 2007 179 23% 77% 2008 Ford (Grass Rig G-11) 2008 79 23% 77% Exhibit F: Assets Page 1 otrowsrirra Minnesota Board of Water & Soil Resources 0004.00011.0" Memorandum Date: March 31, 2015 To: Medina City Council From: Steve Christopher, Board Conservationist Re: Watershed Management Organization Options Background The Metropolitan Surface Water Management Act was enacted in 1982 which requires all local units of government within the seven county metro area to be involved in the preparation and implementation of comprehensive surface water management plans through the membership of a County Water Management Organization (WMO), Joint Powers Agreement Watershed Management Organization (JPA WMO) or Watershed District WD. For areas within Hennepin and Ramsey Counties, MN Stat. 103B does not allow for County WMO authority. In fulfilling this requirement for all areas to be involved in water planning, the City of Medina is currently a member of the Minnehaha Creek Watershed District, the Elm Creek Watershed Management Commission and the Pioneer -Sarah Creek Watershed Management Commission. Watershed Planning The Minnehaha Creek Watershed District is currently operating under a comprehensive water management plan that expires in 2017 and are in the early stages of kicking off their planning effort for its fourth generation plan. The Elm Creek Watershed Management Commission is in the process of completing a Watershed Restoration and Protection Strategies study in cooperation with the Minnesota Pollution Control Agency as well as being in the final stages of the development of the third generation comprehensive water management plan. The Pioneer -Sarah Creek Watershed Management Commission recently completed its third generation water management plan which was recently approved by the Board of Water and Soil Resources (BWSR) in January. Following approval by the BWSR Board, a water management organization has 120 days to adopt the plan for implementation. The adoption has not taken place to date. The BWSR Board has the authority to approve plans for up to ten years. The Pioneer -Sarah Creek Watershed Management Commission plan that was approved by BWSR will expire on December 31, 2020. Several items factored into the decision to approve the plan for less than ten years. They include a Minnesota Board of Water & Soil Resources www.bwsr.state.mn.us Capital Improvement Plan that extended only through 2020, concern over the ability to fund the projects that are included within the plan and a desire by BWSR to see a greater commitment to a leadership role in water resource management. Watershed Management Organization Options to Consider Continue to be an active member of each organization under its current structure Under this scenario, the Pioneer -Sarah Creek Watershed Management Commission plan which was recently approved would be funded appropriately for successful implementation. There are several funding mechanisms that the JPA WMO could consider for paying capital costs. Please see the Water Management Revenue Streams for Metro WMOs attachment. Approach the Elm Creek Watershed Management Commission regarding expansion of its boundary to include additional portion of Medina This took place in an informal discussion with several of the commissioners during the summer of 2014. One difficulty this presents is the ability to plan and implement effectively without having a hydrologic connection of the resources. Approach the Minnehaha Creek Watershed District regarding the expansion of its boundary to include additional portion of Medina The concern here is similar to that of the expansion of the Elm Creek Watershed Management Commission. Creation of the Pioneer -Sarah Creek Watershed District With the submittal of an establishment petition (MN Stat. 103D.205) and approval by BWSR, a watershed district could be formed in place of the existing Pioneer -Sarah Creek Watershed Management Commission. This option would provide levy authority for the District to fund its operations and projects. Additionally, by retaining the watershed boundary, the planning efforts that have been completed would remain useful. Discussion The City of Medina has been a leader in water management for the organizations that it is a member of by providing model ordinances, project evaluation and funding for projects and the City needs to find its best option to continue to do so. As BWSR evaluates any proposed changes, it will be engaging Hennepin County in discussion to best determine what the most effective means will be for water management within western Hennepin County. Attachment 1. 103B and 103D Water management Revenue Streams for Metro WMOs Minnesota Board of Water & Soil Resources www.bwsr.state.mn.us 103B and 103D Water Management Revenue Streams for Metro WMOs Available Funding Options 103 Fiscal Authorities All WMOs County, City, Township Additional for Watershed Districts And 103B.241 Programmatic District -wide Activities _., Ad valorem 103B.251 Capital Improvement Payment by County 103B.245 Special Taxing District (Allows sub -area taxation) 103D.729, 103D.730, 444.075 (Subd. 2a) Water Management District/Stormwater Utility 103D.905 (Subd. 3) General Fund (Capped @ $250,000) 103D.905 (Subd. 3) Basic Water Management Project 103D.905 (Subd. 8) Survey & Data Acquisition 103D.345 Permits Administration X X X Management Plans X X X Monitoring & Data Collection X X X X Special Studies & Research X X X X Regulation & Permits X X X Projects & Programs X X X X X Capital Improvements in Plan X X X X X X 103 Fiscal Authorities And WMO Types District -wide Ad valorem [103B.241] Pay costs to prepare plan and implement projects in an approved plan. Capital Improvements Certification to County for Payment [103B.251] Projects must be in an approved CIP. Special Tax District Local Government Unit [103B.245] Pay for costs of plan development and capital costs identified in an approved CIP. Stormwater Utility Fees or Charges Watershed Districts (Operating with approved 103B.201 plan) X WD may also use 103D.905 to raise funds on an ad valorem basis. X WD may apportion costs district -wide, or possibly byProvides subwatershed units and require the establishment of moremanagement than one tax district in the watershed. 103D.729, 103D.730, 444.075, WDs the ability to establish water charges ; districts and to pay costs for .projects. 1 Joint Powers WMO (Acting as its own entity and authorized in the JPA) X WMO may raise funds on an ad valorem basis if listed as a special taxing district in chapter 275.066. X WMO may apportion costs district -wide, or possibly by subwatershed units and require the establishment of more than one tax district in the watershed. Municipalities (Cities or towns acting as a member of a JPA WMO) X Municipalities have authority under chapters 426-435 X Municipalities can set up special taxing districts that encompass the entire city or subwatershed units (as defined by the WMO) within the city. establishMunicipalities have authority to under chapter 444.075. County (Acting as WMO) X Counties are listed as a special taxing district in chapter 275.066 (23). X Counties are listed as a special taxing district in chapter 275.066 (23). X County may apportion costs by subwatershed units or by cites and towns and may establish one or more watershed management tax districts. 1 Funding options within the bold boxes are available to all Watershed Management Organizations in the Metro, i.e. joint powers agreement or watershed district, however specifically note 103B.241 limitation to JPA WMOs. All funding options are outside of levy limits. Watershed Districts may fund projects with Special Assessments under 103D.601, .605 or .701. October 17, 2014 Pioneer Sarah Watershed Management Commission City Council —April 7, 2015 1VIEDINA Background • Minnesota Board of Water and Soil Resources (BWSR) approval —Pioneer Sarah Watershed Management Commission (PSWMC) received a 6 year approval and not a 10 year approval of 3rd Generation Plan due to the lack of projects completed and inadequate funding budgeted. • Membership has expressed concerns with sustainable budgets and contributing to projects in the watershed • The Commission has asked all member cities to complete the attached survey • What other options exist? BWSR Approval • Accept BWSR approval of Third Generation Plan - Cost impact: A revised plan would be required in 6 years instead of 10 years. • Current cost assumption: it would cost $20,000 to revise the existing plan to meet the requirements of BWSR. Watershed Options • 1) Accept BWSR 6 year approval • 2) Reject Plan- Request a meeting with the Chair (informal process) 1036.345, petition for a hearing, and appeal to the dispute resolution committee • 3) Change watershed boundaries (10313.215, 103D.251) - withdraw territory from watershed (103D.255), enlarge the watershed (103D.261) and Consolidate watershed districts (103D.265) Watershed Options • 4)Terminate watershed (10313.221,103D.271)- Become awatershed management district (WMD) (taxing district). Cities would turn over authority to a five member board of managers, drawn from member cities to form a separate taxing jurisdiction for water quality projects in this watershed. An example of this model is the Minnehaha Creek Watershed District in which the board of managers have direct taxation authority. Watershed administration and the cost of projects would no longer be a part of Medina's general fund budget. Survey/Discussion • Pioneer Sarah has requested all member cities respond to the survey. • Staff is requesting Council discussion on the options regarding the Pioneer Sarah Watershed SURVEY On January 28, 2015 the Board of Water and Soil Resources (BWSR) approved the Pioneer -Sarah Creek Watershed Management Commission's Third Generation Watershed Management Plan for a period of six years. BWSR has suggested that the level of commitment by the member cities is not sufficient to fund capital improvement projects. The first two questions below are designed to measure support for increases in the yearly allocation charged to the member cities. 1. Would your City support increasing your yearly contribution to the Watershed Commission by 100% (Medina is contributing $15,145.30 in 2015, your yearly contribution for 2016 would be $30,290.60). Funds would be used to support capital improvement projects through a cost -share program. ❑ YES ❑ NO 2. Would your City support increasing your yearly contribution to the Watershed Commission by 200% (Medina contributes $15,145.30 in 2015, your yearly contribution for 2016 would be $45,435.90)? Funds would be used to support capital improvement projects though a cost -share program. ❑ YES ❑ NO The current policies of the Commission allow up to 25% of the cost of a project paid by the Watershed Commission. BWSR has suggested that with a cost share provision, individual cities will have to spend additional dollars on projects within their Cities. Question 3 is designed to measure support for increases in the yearly allocation charged to the member cities. 3. Is your City supportive of providing funding through city taxes for water improvement projects that are within your cities to improve water quality? This would be in addition to the tax dollars used to pay for your Cities allocation provided to the Watershed Commission. ❑ YES ❑ NO BWSR has suggested that the Watershed Commission more assertively use Ad Valorem taxation as a means of funding projects. This would allow the Watershed Commission to directly tax residents of the six member cities. Question 4 is designed to measure support for the use of the Ad Valorem tax. 4. Is your City supportive of empowering your Commissioner to approve Ad Valorem taxation of residents of your City to support water improvement projects? ❑ YES ❑ NO The Pioneer -Sarah Creek Watershed Management Commission is a joint powers organization, administered by a board whose members are appointed by the participating cities. There has been discussion as to whether becoming a Watershed District would be a more effective form of governance. Members of a watershed board of managers are accountable to the County Board of Commissioners that appointed them. 5. Since BWSR feels that the current JPA Watershed Commission is not completing enough projects, and city member dues will probably need to be increased significantly (requiring the city councils to vote for tax increases to fund the projects directly) is your city supportive of replacing the existing Commission with a Watershed District? This District can be made up of locally appointed managers, thereby retaining some local control? ❑ YES ❑ NO We invite you to share your comments, concerns and questions on the back side of this survey. City: City Administrator: Please return this survey to Judie Anderson, judie@jass.biz, no later than April 8, 2015. The Watershed Commission will review results of the survey before determining next steps. March 28, 2015 Mayor and Medina City Council, I believe water quality should not be a political football, and I think all Minnesotans want good water quality, but I have grave concerns regarding the present Pioneer Sarah Creek Watershed Management Organization, on which I serve as your commissioner. In a letter dated May 9, 2014, Jim Haertle, Metro District Manager for The Board of Soil and Water Resources (BWSR) wrote: "The PSCWMC has been in existence for 30 years with little success in water management." And "Either step up to manage the water resources or step down to allow another organization to do the job." Recently there has been many discussions regarding the effectiveness of the Pioneer Sarah Creek Watershed Management Commission and it's ability to fund water quality improvement projects. BWSR recently approved Pioneer Sarah Creek's Third Generation Watershed Management Plan for only six years, not the ten years, as requested. The agency has said it lacked confidence in the willingness of member cities to properly fund the Commission so that it could achieve its water quality improvement goals. In discussions, BWSR has reasoned that they see no viable means by which the CIP (capital improvements projects) could be funded under the current structure. I believe it's high time for a change in the water management organization. The current Pioneer Sarah Creek Watershed Management Commission has representatives from six member cities, including Medina, Independence, Greenfield, Minnetrista, Maple Plain and Loretto. Member cities share administration costs, but the current plan calls for most water quality improvement projects to be initiated by, and largely funded by, the city in which the project would be located. This format requires city councils to directly budget for and vote to spend funds for these projects. The projects can be quite expensive and also politically unpopular. Conversion to a Watershed District would remove this issue. The cities can retain local control by asking to be represented on this new District. The District would be run by a Board of Managers. The cities can include a list of potential candidates in their petition. The watershed district would have taxing power, thus spreading project costs over the entire watershed, without any political boundaries. Another problem with the current WMO is the size of its annual budget. Member cities pay dues to fund the budget, which is projected to be $128,000 for 2015. Fixed administration costs are a high percentage of the budget only because of the basic underfunding of the organization. This leaves little money for actual projects. These are some of the reasons I'm asking the City Council to give it's commissioner the authority to vote in favor of creating a petition to be sent to the Minnesota Board of Water and Soil Resources. The petition would recommend to BWSR the disbanding of the joint powers agreement (JPA) amongst the member cities under which the Pioneer Sarah Creek Watershed Management Organization currently operates. The petition would ask that a Watershed District be formed in place of the existing PSCWMC. March 28, 2015 Some of the nuts and bolts of creating a new watershed district follow. These are referenced in Mn Statute 103D.205. Medina could proactively take part in this petition to create a watershed district. We would just need a simple majority of other PSCWMC city members to join us. This watershed district would be run by a group of "Managers". As part of the petition, we would need to put together a list of candidates to fill the manager positions. BWSR would like to see an odd number of managers, so this would probably mean either 5 or 7 managers. I would suggest we propose that there be 5 managers. Therefore, according to the petition statute, we would need to have a list of double that, or 10 candidates to fill the 5 positions. I believe the existing JPA Commission has a very hard working, competent staff and group of technical advisors. I would propose that we keep the existing administrative services of Judie Anderson. She has tried very hard to steer us in the right direction, and she has an good understanding of watershed management organization requirements. We currently contract with Hennepin County Environmental Services' Jim Kujawa for our technical services, and I can't imagine anyone doing a better or more cost efficient job. Three Rivers Parks District, with Rich Brasch, has really stepped in to compliment on technical advice and viable water quality projects. Becky Wosney has done an excellent job as Medina's technical advisor, as well. The people in our current administrative and technical services positions represent a wealth of knowledge and are a good value, so I see no reason to replace them. The only change we need is to convert from a politically charged group of commissioners to a group of managers whose concerns would only be with water management. As I see it, the real increase in cost would come from actually getting some water quality projects completed, which will be demanded by BWSR. I will be out of town from April 4 to April 8, but available to answer any questions from the Council. Thank you for your time in considering this petition process. Regards, Mike McLaughlin