City Council Agenda & Minutes

CITY OF NORTH OAKS Regular City Council Meeting Tuesday, March 04, 2025 7:00 PM, Community Meeting Room, 100 Village Center Drive MEETING AGENDA Remote Access - City Council members will participate in person in Council Chambers (Community Room, 100 Village Center Drive, Suite 150, North Oak s, MN) during the meeting. Members of the public are welcome to attend. Any person wishing to monitor the meeting electronically from a remote location may do so by calling the following Zoom meeting videoconference number: 1-312-626-6799, Webinar ID: 886 9121 1179 or by joining the meeting via the following link : https://us02web.zoom.us/j/88691211179. 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Citizen Comments - Members of the public are invited to mak e comments to the Council during the public comments section. Up to four minutes shall be allowed for each speak er. No action will be tak en by the Council on items raised during the public comment period unless the item appears as an agenda item for action. 5.Approval of Agenda 6.Consent Agenda - These are items that are considered routine and can be acted upon with one vote. 6a.Approval of City Licenses: Mechanical: Breeze Heating and Cooling; Glowing Hearth & Home; WestAir, Inc. Arborist: Allstate Tree Service; Forest Stump Tree Service; Renstrom Tree Service 6b.Approval of City Council Meeting minutes of February 13, 2025. 2.13.2025 Council minutes.pdf 6c.Approval of Special City Council/NOHOA Joint Meeting Minutes of February 20th, 2025. 2.20.2025 Council minutes.pdf 6d.Approval of LJFD Fire Station Related Resolutions, JPA Amendment, and Cooperative Construction Agreement 1  City Council March 04, 2025 2.28.2025 Packet Items.pdf Approval City Financials EFT:000981 - 000987 Checks: 15642-15658 SKM_C550i25030414370.pdf 7.Petitions, Requests & Communications - Deputy Matt Lassegard Report 8.Unfinished Business 9.New Business 9a.City Council Strategy session regarding pending and future city matters; including budget and funding sources, utility related matters such as future utility connections and extension, roads and safety, environmental matters including; water, sewer, security/policing, technology and communication, internet, cable, electrical, solar. City Council priority setting, discussion of related City matters. 10.Council Member Reports 11.City Administrator Reports 12.City Attorney Reports 13.Miscellaneous 14.Adjournment - The next meeting of the City Council is Thursday, April 10th, 2025. 2 2  North Oaks City Council Meeting Minutes North Oaks City Council Chambers February 13, 2025 1. CALL TO ORDER Councilor Wolter called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Mayor Krista Wolter, Councilors Sara Shah, Andrew Gaspard, Grover Sayre, Mark Azman Staff Present: Administrator Kevin Kress, and City Attorney Bridget Nason Others Present: NineNorth Videographer Kenny Ronnan A quorum was declared present. 3. PLEDGE OF ALLEGIANCE Mayor Wolter led the Council in the Pledge of Allegiance. 4. CITIZEN COMMENTS • George Wellock, 14 Red Pine Road, also came to speak in September when the CUP for the Ground Solar array was approved. He asks that each of the Councilmembers come by his street and see what it now looks like in the middle of winter. Feels it changes the esthetics and dynamics of the neighborhood. Welcomes them to view it from Incarnation parking lot or from Red Pine Road side, and see how it may impact property values. If the project continues forward, he asks to be involved in the decision on where the trees are placed. 5. APPROVAL OF AGENDA • Mayor Wolter asks that we add as 7b. Brad Brekke to present a Public Safety Communication Vision/Mission and Strategy initiative for the Community. MOTION by Gaspard, seconded by Azman, to approve agenda with addition 7b. to present public safety initiative. Motion carried unanimously. 6. CONSENT AGENDA 6. Consent Agenda - These are items that are considered routine and can be acted upon with one vote. 6a. Licenses for Approval: Arborist: Aaron Boyd's Tree Service LLC; Alliance Tree Care Inc.; Canopy Tree Health; Central MN Tree Service; Hugo's Tree Care, Inc.; Langer Tree Service; New Horizons Tree and Landscaping; Rainbow Tree Company 3 Minutes of the City Council Meeting February 13, 2025 Mechanical: Anderson Heating LLC; Apollo Heating, Air & Plumbing; Binder Heating & Air Conditioning; Conway Mechanical; Hamlin Installations; Heating & Cooling Two, Inc.; Hurlburt Heating, Cooling & Plumbing; Jensen Anderson Co; Joel Smith Heating & AC, Inc.; MSP Plumbing Heating & Air; Riccar Heating & Air Conditioning; Total Comfort 6b. Approval of the Minutes of the January 9, 2025 Regular City Council Meeting 6c. Approval of Special Meeting Minutes of 1.30.2025 6d. Approval of Granicus Contract 6e. Approval City Financials EFT:000960 - 000980 Checks: 015607 – 015641 • Councilor Sayre noted a minor change to the term end date for Councilors Azman and Shah in the 1.9.2024 minutes. Administrator Kress noted that this has already been made to reflect 4-year term for both. MOTION by Azman, seconded by Shah, to approve the Consent agenda. Motion carried unanimously by roll call vote. 7. PETITIONS, REQUESTS & COMMUNICATIONS 7a. Deputy Craig Lydon Report • Deputy Lydon greeted Council. Incidents recorded during the prior month include: 171 Calls for service including 8 medical, 7 traffic stops, 3 accidents. Encourages residents to slow down and allow stopping time. • Key incidents recorded: o 1/16/25 – Deer Hills Resident called with concern over ex-boyfriends’ domestic situation. The boyfriend’s car was spotted in the community and escorted out of property, will be trespassed in future. o 1/29/25 – Resident on South Deep Lake Road with previous harassments, found screws and nails at end of the driveway. Suspect possibly a former employee. Proactive patrols have taken place and cameras have gone up. Asks those in the area if see something unusual – call it in. • Solicitors reported from Curbside Trash Haulers were brought out of community to the coffee shop. 3 days later the same company was found in a different area of the community, was pulled over and again warned. Will be cited in future incidents. • Be aware when warming cars. Secure your car. • Keep garage door closed for safety and to preserve heating bill. • If going out of town, report it to house Watch List. • Concern over citizen that walks towards Centerville in the dark in the morning. Encourages all for safety to wear reflective clothing, headlamp, flashlight when walking dawn or dusk. • Friday 2/14 is the “Coffee with a Cop” Meet and Greet event from 8 – 9:30 a.m. at Caribou. Welcomes residents to come by! P age |2 4 Minutes of the City Council Meeting February 13, 2025 7b. Safety Report / Initiatives • Resident Brad Brekke spoke on a new Public safety initiative. Safety has always been a high priority for resident safety and preservation of property values. Would like to create a framework and roadmap for public safety. With approval of City, he has met with Ramsey County Sherriff’s office and NOHOA Safe Committee for introduction on this project. • Purpose is to look at: vision & roadmap, define objectives and initiatives, identify partners and their roles, document processes and projects, and align with Council governance priorities. • The presentation drafts the start of 4 key strategic priority categories: 1) promote public safety awareness, 2) strengthen RCSO relationships, 3) Leverage technology to enhance security, 4) Partner with NOHOA Safe Committee. • Discussed strategies within each category to better document, and have resources available to both the public and Council. (**full presentation attached to the Minutes). • Emergency management and mass notification practices is something to refined in the future. • Overall goal is to increase awareness and preparedness within our communities. • Brekke noted that he has prior experience working with FBI and creating programs with public/private partnership. Also worked with Target to create partnerships to create awareness training to engage communities and law enforcement and share best practices. • North Oaks is low crime and low risk, and would like be proactive to keep it that way and preserve our reputation. • He will come back to Council in 60 – 90 days with more tangible data and recommendations. 8. UNFINISHED BUSINESS 8a. Discuss 2025 Fee Schedule - Public Hearing regarding updates to Cannabis and sewer/water rates • Administrator Kress would like to continue the Public hearing to allow discussions to continue with Shoreview and White Bear Township on the sewer/water rates. MOTION by Sayre, seconded by Azman, to continue the Public Hearing on Cannabis and water/sewer rates. Motion carried unanimously. 8b. Discussion and possible action on amending City's annual meeting calendar • Kress would like to add the Thursday 2.20.2025 joint NOHOA / City meeting to the Council schedule. He also noted that the March Council meeting falls during Spring Break for several Councilors so meeting may be cancelled or just consent agenda if there is a CUP. MOTION by Azman, seconded by Shah, to add the 2/20/25 and 3/4/2025 meetings to the City Council meeting calendar. Motion carried unanimously. P age |3 5 Minutes of the City Council Meeting February 13, 2025 8c. Discussion and possible action on table for Council Chambers . • Mayor Wolter noted that the City Council Chambers table was part of the original funding when City Hall was redone. Enhancing the functionality for joint meetings, NOHOA, and other groups. She has met with 3 different vendors to get estimates which range from $38,000 to $150,000. They would like capability to be more functional for joint meetings, flexible podium and more functional t.v.’s. The lowest bid was $32,000, $38,000 for maple, $35 for oak, $45K for walnut. • Councilor Sayre confirmed if the table would be movable to any space if relocate City offices to a different location in future. Wolter confirmed yes. • Electricity would be added to table with charging stations. It was noted that laminate surface chips over time, therefore wood might be worth the minimal extra cost. Ninenorth would need to be engaged to provide their costs for microphones, outlet and technology. • Councilor Shah inquired if NOHOA is aware and onboard to ensure functional for their needs as well. • Councilor Azman to work with Mayor Wolter on sketching out details and costs and bring it back for Council consideration. 9. NEW BUSINESS 9a. Discussion and possible action on Resolution Supporting Lake Johanna Fire Department New Headquarters Station Construction and Funding and Resolution for MN Department of Public Safety Grant Funding Assistance for Lake Johanna Fire Department, assigning fiscal agent and other necessary administration, amend JPA for Fire Station Headquarters • Kress presented Resolution 1559 and 1560 along with an amendment to the JPA, and asked if there are any minor changes that need to be tweaked, that authority given to attorney and City Administrator to do so. • Resolution assigns Ehlers Inc. to work on any bonding and cash flow alternatives. • Links describing the new first station project are available on the Lake Johanna Fire Department (LJFD) website along detailed full information on the project. • The City of Arden Hills has already approved the proposal, Shoreview meets Monday, and Fire Board meets next week. The contractor would be secured after approvals by all 3 Cities. • The Victoria Street Fire department station will be decommissioned once the new station is up and running. • Azman noted that LJFD is outgrowing the existing facilities, and changes to full time staffing contribute to need for a new more robust facility. MOTION by Azman, seconded by Gaspard, to approve the Resolution 1559 and 1560 and amendment to JPA with discretion to for City Administrator and Attorney to make minor revisions as needed. Motion carried unanimously. • Kress recommended authorizing Ehlers to look at different bond solutions for funding the North Oaks part of the project. • Ehlers would be looking at best ways to move forward financially. • They are independent and would represent the City. They are paid through the bonding. P age |4 6 Minutes of the City Council Meeting February 13, 2025 MOTION by Azman seconded by Shah, to approve Ehlers Inc. to act as Agent of the City of North Oaks to advise on funding options. Motion carried unanimously. 10. COUNCIL MEMBER REPORTS • Councilor Azman Fire Board meets tomorrow morning to make next step decisions on moving forward. The Lake Johanna Fire Department annual report has been provided for review. • Councilor Shah noted VLAWMO is working on their 10-year watershed plan. They have reached out to Kevin, Corey, St. Paul Regional Water, NOHOA Elfering, North Oaks Company, and Damien Lepoutre with NOHOA Nest. They ask their partners to take a look at their plans for the upcoming 10 years for future. • Councilor Gaspard met with NOHOA Natural Environment Committee. They just got a matching grant from VLAWMO to do the last piece of Deep Lake. There are 6 active resident-initiated projects on Pleasant Lake. He would like to raise awareness that the shoreline of Pleasant Lake is owned by NOHOA. Any work on Pleasant Lake must go through NOHOA. • Councilor Sayre went to 1st Fire Relief Board which governs the fire department retirement board. The fund is fully funded for current and prospective retirees. • Mayor Wolter and Administrator Kress attended meeting at White Bear Lake High school to hear about prospective projects. Those residents in White Bear Lake High school district will have numbers that are more consistent with other high schools as the 2 White Bear Schools have now balanced their student numbers. • Wolter noted there was a special City Council working session on January 30th where they documented all the ideas from Council. She would like to have another session to further flush out priorities and goals from these ideas. Possible meeting date is 5 p.m. 2/27 prior to the Planning Commission meeting. • Wolter reminded Council that next Thursday 2/20 is the joint meeting with NOHOA board. • Azman noted that next Friday 2/21, himself and Councilor Gaspard are attending the offsite League of Minnesota Cities leadership sessions. 11. CITY ADMINISTRATOR REPORTS • Administrator Kress noted that he and Public Works Director Triemert have continued meetings with associated partnership communities. Working with other departments to see where synergies may exist. 12. CITY ATTORNEY REPORTS • Attorney Nason nothing to report. 13. MISCELLANEOUS 13a. December 2024 Forestry Report • The City Forester report for December 2024 was included in the packet. P age |5 7 Minutes of the City Council Meeting February 13, 2025 13b. Lake Johanna Fire Department 2024 Annual Report • The 2024 Lake Johanna Fire Department annual report was distributed to Council and included in the packet. 15. ADJOURNMENT The next regular meeting of the City Council was set for Tuesday, March 4th, 2025. MOTION by Sayre, seconded by Azman, to adjourn the meeting at 8:15 p.m. Motion carried unanimously by roll call vote. ____________________________ _____________________________ Kevin Kress, City Administrator Krista Wolter, Mayor Date approved___________ P age |6 8 North Oaks Public Safety: Communication Vision/Mission and Strategy North Oaks City, NOHOA Safe Committee, and RCSO 9 North Oaks Safety Strategy: Purpose Create a vision and roadmap for North Oak Public Safety Define the Public Safety objectives and initiatives for the North Oaks community Identify partners (City, NOHOA, RCSO) and their respective roles and responsibilities Document processes, projects, and activities Align with City Council governance and priorities 10  DRAFT North Oaks Safety Strategy VISION North Oaks – a safe and private community designed in nature MISSION To create a safe environment for North Oaks residents and visitors STRATEGIC PRIORITIES Promote public safety Strengthen RCSO Leverage technology to Partner with NOHOA awareness relationships enhance security SAFE Committee • Consistent Safety • Enhanced communication • Centralized data and • Liaison SAFE committee communications communication process meetings • Data/stats/trends • Scheduled meetings with • RAVE • Align priorities and strategy RCSO • Crime Prevention efforts • LPR • Co-brand projects • Enhanced signage • Targeted enforcement • Information RE: • Partnership Engagements alarms/video/motion/ lights 11  DRAFT North Oaks Public Safety: Roles & Responsibilities • Public Safety • Incidents, trends, stats management • Crime prevention • Ordinances • Ordinance enforcement • RAVE • Council meetings • Service provider • Resident events management • Patrol RCSO City • LPRs • Signage Enforcement Communication Awareness Safety and Security • Communication • VIP • Traffic • Trails NOHOA All • Trespass • Rec areas • Crime Prevention • LPRs • Rec Safety • Signage 12  DRAFT North Oaks Safety Strategy: EXAMPLE VISION North Oaks – a safe and private community designed in nature MISSION To create a safe environment for North Oaks residents and visitors STRATEGIC PRIORITIES Promote public safety Strengthen RCSO Leverage technology to Partner with NOHOA awareness relationships enhance security SAFE Committee ✓ Consistent Safety ✓ Enhanced communication communications ✓ Data/stats/trends ✓ Scheduled meetings with RCSO • Crime Prevention efforts • Enhanced signage • Targeted enforcement • Information RE: • Partnership Engagements alarms/video/motion/ lights 13  Timing & Action: EXAMPLE Communication Topic Timing Vehicle/s Owner Approver Incidents / Police Weekly E-blast, TBD RCSO originated City and NOHOA Blotter Channel: Liaison Crime Stats Quarterly E-blast, TBD RCSO originated City and NOHOA Channel: Liaison Crime Trends Monthly RAVE, RCSO originated City and NOHOA North Oaks News Channel: Liaison Quarterly Quarterly North Oaks News RCSO originated City and NOHOA Updates/Recap Channel: Liaison Monthly Newspaper Monthly North Oaks News City/NOHOA City and NOHOA Column Originated Channel: Liaison Prevention / Awareness Neighborhood Watch / Block Captains 14 Police Blotter: EXAMPLE NORTH OAKS PUBLIC SAFETY UPDATE January 19 – 25, 2025 The following is a summary of notable calls for service to which the Ramsey County Sheriff’s Office responded last week in North Oaks. CRASH WITH PROPERTY DAMAGE 7:11 a.m. Wednesday, Jan. 22 – Intersection of Sherwood Trail and Sherwood Road Deputies responded to a report of a crash and located an unoccupied 2007 Chevrolet Cobalt that appeared to have skidded off the road and into a wooded area. Deputies had the vehicle towed from the ditch and contacted its registered owners, who were not interested in discussing the incident. FRAUD OR FORGERY 4:32 p.m. Thursday, Jan. 23 – 5900 block of Centerville Road An elderly woman called 9-1-1 to report that someone was demanding $25,000 in Bitcoin to remove malware from her computer. Deputies intervened before a transaction occurred. SOLICITOR 12:39 p.m. Wednesday, Jan. 22 – West Shore Road Four residents called 9-1-1 to report people going door-to-door distributing fliers for their cleaning business. A deputy addressed the matter. 15 North Oaks Communication Vehicles •NOHOA E-blast •North Oaks Newspaper (1,758 households) •City E-blast •Stroll Magazine (1,758 households) E-mail Weekly Print Monthly •North Oaks Residents Facebook Page (1,397 •NOHOA Website members) •City Website •City of North Oaks Facebook Page •North Oaks Company Website Social •North Oaks News Twitter Weekly Website Monthly •Rave Guardian App •SAFE Meeting •Next Door: North Oaks •New Residents Meeting App Immediate In-person Ad hoc •Nine North Video content/announcements Video Ad hoc 16  Public Safety Event Coffee Calendar: with a Cop EXAMPLE 17 Public Safety Contacts: EXAMPLE Jeff Ramacher Kevin Kress Jeff.Ramacher@co.ramsey.mn.us KKress@northoaks.mn.gov Steve Linders Brad Brekke Steven.Linders@co.ramsey.mn.us brad@brekkegroup.com Craig Lydon Craig.Lydon@co.ramsey.mn.us Alicia Ouellette RCSO City Alicia.Ouellette@co.ramsey.mn.us Ilya Berchenko Brad Brekke SAFEBerchenko@nohoa.org NOHOA Liaison brad@brekkegroup.com Julia Hupperts Jackie Brekke BODHupperts@nohoa.org jackie@brekkegroup.com 18  North Oaks City Council Meeting Minutes North Oaks City Council Chambers February 20, 2025 1. CALL TO ORDER Councilor Wolter called the meeting to order at 6:00 p.m. • Mayor Wolter noted the purpose of the joint meeting between City, NOHOA and North Oaks Company is to plan and have a brainstorming session on what they can work on together for the betterment of the Community as a whole. 2. ROLL CALL Present: Mayor Krista Wolter, Councilors Sara Shah, Andrew Gaspard, Grover Sayre, Mark Azman Staff Present: Administrator Kevin Kress, Attorney Bridget Nason, Planning Commission Chair Dave Cremons NOHOA: Executive Director Amanda Mason, Engineer Kristie Elfering, NOHOA Board President Andrew Hawkins, NOHOA Boardmembers Julia Hupperts, Alan Hammel, Becky Oertel, Damien Lepoutre, Ted Risdall, North Oaks President Mark Houge, Rowcal Assistant Stacey Sweeny (via zoom) Others Present: NineNorth Videographer A quorum was declared present. 3. PLEDGE OF ALLEGIANCE Mayor Wolter led the Council in the Pledge of Allegiance. 4. APPROVAL OF AGENDA MOTION by Shah, seconded by Sayre, to approve agenda as presented. Motion carried unanimously. 5. NEW BUSINESS 5a. Joint discussion with City Council and NOHOA Concepts for Alignment: 1. What process(es) should NOHOA & City implement to ensure good collaboration? • Hawkins spoke on infrastructure as complete development. How to maintain during turnover from North Oaks Company as they finish their planned development and role within the City. NOHOA handles roads and City handles utilities so must collaborate together. Would like to figure how to streamline the annualized process of maintaining roads. With 2 million in road infrastructure, wants to be sure that they repair utilities as dig up roads. Would like to streamline what is the preferred way to keep in tune with each other. • Wolter wants to know if a better way such as a working sub group of both parties to discuss areas of overlap. 19 Minutes of the City Council Meeting February 20, 2025 • LePoutre states a crossover within subgroups is important to include City and provide updates. Gaspard is on NEST, Cremons is on road committee. • Houge from North Oaks Company mentioned that Forestry could be better utilized between all groups. • Hammel wondered how to better clarify what the roles of both entities. A “here is where you go to for xxxx” type document. Suggests written process that identifies where to go for what .i.e. Stroll, new member guide, City website, etc. It was noted the confusion of having multiple websites both City, NOHOA and Sub-associations. • It was noted if may be useful to have a regular City / NOHOA staff meeting as well – including engineers, City and NOHOA staff. 2. Should City-NOHOA coordinate communication and how? • Wolter noted that Brad Brekke presented to safe/security meeting and well as the City Council which talks about the different ways to communicate with residents. He is gathering information from both City and NOHOA to see what is currently out there and where can streamline in the areas of social media, newsletters, publications, and apps such as Rave. • Planning Commission Kingston noted that Becky Oertel has put together some good information as part of the NOHOA governance committee that would be good to be shared with Stroll or other avenues. • Hawkins suggested a join communications task force with both City and NOHOA – and put together an action plan and bring it back to us. • It was mentioned that the Shoreview Press is the official publication for both NOHOA bylaws changes and City legal notices due to the publication being issued twice a month, which is helpful for time sensitive issues and required public hearing notices. It was noted that a portion of North Oaks only receives the White Bear Press, not Shoreview Press. • Cremons noted it would be relevant to put together a joint City/NOHOA letter in the North Oaks news as a display of unity and our efforts to try to streamline and help residents. • LePoutre noted having a single means of communication of information / articles would be helpful….i.e. North Oaks News. 3. How do the two entities work together to define a long-term vision for North Oaks? • Sayre noted the importance of having a shared vision. Form committee, communicate to make it easier for residents and having both buildings. He feels that would be good to own the current City Hall building, which could also generate some rent and income. He would also like to see a permanent year round sports facility, and feels Southpointe could be better utilized: fitness center, pickleball – with a small fee for resident use. He would also love to have capability to provide own water and reduce the rates for residents. Also noted that educating citizens on what needs to happen to clear roadsides is important to safety. • To reach this goal: 1) How do they work together to define it, and 2) do we have things that we’d like to see as a future vision for the community. Page |2 20 Minutes of the City Council Meeting February 20, 2025 • Shah would love to see the water quality of Pleasant Lake brought back. • Hawkins noted water quality and control of most high importance. • Lepoutre would like a vision with focus on the environment. Do we want the lake to be nature, or do we want it to be free of all grasses, etc. Do we want no lights, or lights in our community. Well maintained trees, or natural environment. If we want more safety, we may need to change the roads. We have a very diverse City with diverse age populations, what needs to be there to meet all needs. • Wolter noted a comprehensive approach to ensuring we are no redoing and spending efficiently on both sides. • Cremons noted residents would probably say a priority is keeping the environment of the City as good, or better than it is now. He noted if the goal is to sustain environmental vision, we may need to take a hard look at septic systems. • Hawkins noted in the Community survey from several years ago: safety & security, natural environment, trails were top items. Feels that when asking the Community comes up with common themes: Environmental stewardship and natural resources is common for many in community. • Houge noted that keeping up property values is also a factor to consider when spending money on infrastructure. • Berchenko noted that using the data from tonight, to refocus to prioritize in a 2nd session is needed. • Sayre thinks it’s a very useful session to start big picture and high level. • It was noted that the 10 year Comprehensive Plan revisions will start this year, and is due in 2028. Would be good to have the Vision of the City defined before the Comp Plan is revised. • In regards to City / NOHOA office space, Kingston noted that this is not a City identity building, asks to consider a task force to look at future of shared offices and whether a build out of new building near entry is a viable option. 4. What are our independent/joint enforcement priorities and ways to execute on these? • Cremons mentioned some points of collaboration. He was approached by Bill Long re: NOHOA ASC issues with residents wanting to build in setbacks. Will be working on a common set of rules for both sides to help both sides to clarify setbacks and make a few adjustments/clarifications to City Ordinances if needed. • Kress noted an example is that retaining walls are allowed in setback by City, but NOHOA does not. Fences are allowed by City. Spring Farm development regulations have allowed going into setback for patios if abuts green space. City has also had to grant setback variances due to lack of septic replacement locations. • Hawkins noted that NOHOA can only fine people, or prohibit them from using shared spaces if violate NOHOA policies. The City has more authority to enforce regulations. Suggest putting a list of these issues together on who regulates and enforce what common regulations: doing work on shorelines, pet issues, parking infractions, noise, lighting. Both should agree on what is important to be enforced with our limited resources. • Dave Loegering from Planning Commission feels that brainstorming is great, but looking to see an action with memorandum of understanding between NOHOA and the City. Work together to leverage the competencies of the City, funding, projects. NOHOA put Page |3 21 Minutes of the City Council Meeting February 20, 2025 together process and initiatives and then re-use the process over and over. Continue focus on maintaining privacy and moving forward. 5. What is the process for the new Public Works Director role at the City to interface with NOHOA and its private contractors? • Kress introduced Corey Triemert, the new City Public Works director. He noted there has been a joint powers agreement for many years with White Bear Township for them to maintain all infrastructure of public sewer and water systems. City staff has worked an agreement to keep access to White Bear water for the Community, however they wanted to be done maintaining our North Oaks systems. City was unable to find another City to take on this maintenance, therefore has hired our own staff person to address issues 24 x 7. Corey is in process of meeting with all surrounding Cities to establish some agreements for utilizing resources in emergencies. • Wolter noted that most people have no idea how many homes within North Oaks are serviced by City utilities. Approximately 800 homes with 14 lift stations. Would love to eliminate some of the lift stations if possible. There is hardly any collaboration between public works and infrastructure in surrounding Cities. Safe drinking water and ability to flush toilet is taken for granted, infrastructure resources is key. • Kress also noted that some homes are being threatened by insurance companies that they are not close enough to fire hydrants, in leiu of having to have a 2nd water source for fire suppression. He noted that St. Paul regional water may force us to test water. Important to have a good well water sampling through out community. Storm safety and policy between 2 entities on how to respond to storm issues is needed along with a Memorandum of Understanding (MOU) of who does what to address between City, NOHOA and NOC. • Kress noted we may need to hire another person to address concern over the different types of equipment used at the various stations, who is familiar with all of our systems, and how to use them all. • Hawkins noted Mel’s had a recent incident in which water being used from well for ice had a smell. They also have concern over well water testing throughout community. Would love to see more emphasis on water safety. 5b. Joint discussion with City Council and NOHOA 1) Natural Environment: a. Deer Control • Kress noted would still love to do an aerial count. There are 2 locations being addressed for deer removal, by the dump location and on a private property. There were 23 deer taken last Monday, but want to make sure they don’t overdo it. The issued DNR permit expires end of March 2025. In high years, North Oaks has taken 150 deer, in recent years we have not had many taken due to high expense involved in trapping. • We are on list for County aerial count if get more snow. b. Goose Management Page |4 22 Minutes of the City Council Meeting February 20, 2025 • Kress noted the need to collaborate on best methods for removing geese. Options include: egg painting in spring, netting April through August, as well as what lakes to do. May do a possible expansion of the program beyond Pleasant Lake. The USDA will likely come back in April to remove some geese. Hawkins noted NOHOA supports what is most effective and cost effective. • Kress also noted that we are keeping an eye on turkey population. He will attend an upcoming USDA meeting to discuss. • Sayre noted that Coyote is something that should also looked at. Program focuses on the aggressive ones. There is not a natural predator to keep them in check. c. Water Quality • City and NOHOA collaborating with Engineer on water quality along with top priorities. Kress noted if a problem is found with the well water, then they may be required to fix it and possibly put in City water, which is a huge undertaking. d. Stormwater Management • LePoutre mentioned a joint stormwater plan in conjunction with VLAWMO, NOC, St. Paul Regional Water, City, NOHOA is good place to start to put together a vision. e. Tree Health and Funding • Wolter noted that Steve with Mel’s would love to get access to the Ramsey County yardwaste site to drop off to tree waste. As a private contractor he can’t use the yard waste site. The City can possibly issue a letter which has been done in the past. • Hawkins noted that $55,000 was spent removing diseased trees last year, but there are many more that need to come down. Focusing on trees that impact road and safety hazards. 2. Infrastructure a. Master Infrastructure • Kress noted that this topic should be ready to discuss in draft form at the next meeting after additional staff and consultants from both sides work more on it. Will be looking to ensure there is a reasonable resident focus. • Look to confirm Mel’s services, do we need tweaks to public works. b. LPR status • Not discussed at this time. c. Operation Clearview to Improve Road Safety • Reminder that now is a good time to start addressing and clearing back roadside brush/trees. Clearview started as NOHOA policy, and then turned to City to help with residents identifying problem trees. The most effective process would be to have a single contractor go through and trim back roadsides for safety purposes. This is not a clear CUT, but a reasonable Clearview 5’ back, 12 feet up to allow for safe road passage for car, emergency vehicles, walkers. Page |5 23 Minutes of the City Council Meeting February 20, 2025 3) Office Space and Future Plans • Any future discussions on office space needs to be adjacent to road safety. • Kress noted it may be advantageous to bring in a 3rd party to bring alignment to leadership management for both City and NOHOA. Help determine what works, and what wouldn’t and why. There was general consensus from both Council and NOHOA for this approach of bringing in an independent person to help pull together important topics from each group and develop shared vision, priorities and action items. Will look to create an RFP from both sides. 6. ADJOURNMENT The target for the next joint meeting of the City Council/NOHOA is the target for the next May 13th at 6:00 p.m. is the target for the next meeting. MOTION by Shah, seconded by Azman, to adjourn the meeting at 7:30 p.m. Motion carried unanimously by roll call vote. ____________________________ _____________________________ Kevin Kress, City Administrator Krista Wolter, Mayor Date approved___________ Page |6 24  Bridget M. Nason Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9245 telephone (612) 337-9310 fax email: bnason@kennedy-graven.com MEMORANDUM TO: Mayor and Members of the Council FROM: Bridget Nason, City Attorney DATE: February 28, 2025 RE: Approval of Fire Station Related Resolution, JPA Amendment, and Cooperative Construction Agreement ______________________________________________________________________________ 1. Background. The City of North Oaks, along with the cities of Shoreview and Arden Hills, have entered into a Joint Powers Agreement to create the Lake Johanna Fire Department Headquarters Board (Headquarters Board) for the purposes of acquiring property in Arden Hills for the construction of a new fire station to be leased by the Lake Johanna Fire Department. In 2023, the Headquarters Board received a $6.37 million appropriation from the State of Minnesota to assist with the construction costs for the new fire station. This project has been many years in the making, with a construction contract recently executed by the Lake Johanna Fire Department, and construction on the fire station set to commence early this spring, the Headquarters Board, the various City Administrators, and the various city attorneys and Fire Board are working to take the necessary actions to move the project forward. 2. Approval of Agreements With construction moving forward, there are a number of actions that need to occur in the near future. These include transfer of the property where the fire station will be constructed from the Fire Department to the Headquarters Board; finalization and execution of a grant agreement between the Headquarters Board and the State for the grant funds; and execution of a lease agreement between the Headquarters Board and the Fire Department. Most immediately, the City will need to approve three separate documents: 1. Amended JPA 2. Revised Grant Funding Resolution 3. Cooperative Construction Agreement 25 The JPA Amendment and Cooperative Construction Agreement are required to be approved, in identical form, by all three cities. While the cities’ attorneys have been working with the Fire Department Attorney, the Cooperative Construction Agreement has not yet been finalized by the attorneys for Council consideration. Likewise, the JPA amendment has not yet been finalized by all three cities. Drafts of these two agreements are included in the packet for Council review. 3. Requested Council Action. The Council is asked to approve the attached documents, subject to any revisions required and approved by the City Attorney and City Administrator. Alternatively, the Council can provide any direction related to the documents, and once the same have been finalized, the finalized documents can be brought back to the Council for approval at a special meeting sometime before the end of March. 2 26  CITY OF NORTH OAKS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. ______ RESOLUTION FOR MINNESOTA DEPARTMENT OF PUBLIC SAFETY GRANT FUNDING ASSISTANCE FOR LAKE JOHANNA FIRE DEPARTMENT PROJECT BE IT RESOLVED, that under the provisions contained in Minnesota Laws of 2023 Regular Session, Article 1, Section 9, Subdivision 14, the State of Minnesota has allocated $6,370,000.00 to Lake Johanna Joint Powers Board (“Board”) for a grant to complete the proposed project described as a grant to the Lake Johanna Fire Department Headquarters Board, a joint powers entity established under agreement by the cities of Arden Hills, North Oaks, and Shoreview, for a public safety facility to house the Lake Johanna Fire Department. This appropriation is to construct, furnish, and equip a facility on land owned by the Lake Johanna Fire Department Headquarters Board to provide emergency fire and medical services. BE IT FURTHER RESOLVED, that the Lake Johanna Joint Powers Board has the legal authority to apply for financial assistance, and the institutional, administrative, and managerial capability to ensure adequate acquisition, construction, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED, that the project cost is estimated for: Construction $13,619,069 Furnishing and equipment $2,762,100 Total $16,381,169 BE IT FURTHER RESOLVED, Board will provide any required matching funds in addition to the State grant and that the source of Board’s matching funds shall be from the cities of Arden Hills, North Oaks, and Shoreview, and will not include other State funding sources in the following prorated percentages: Arden Hills 24.2% North Oaks 14.3% Shoreview 61.5% BE IT FURTHER RESOLVED, the Board hereby pledges to complete the project or phase if it exceeds the total funding provided by the proposed $ 6,370,000 grant from the Minnesota Department of Public Safety. BE IT FURTHER RESOLVED, that the City of North Oaks has the financial capability to provide any required matching funds and that the source of City’s matching funds shall be $1,431,597.17 allocated from the City’s general fund, and will not include other State funding sources. 27  BE IT FURTHER RESOLVED, that the Board has not incurred any reimbursable expenses prior to the effective date of the grant agreement. BE IT FURTHER RESOLVED, that the Board has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Board may enter into an agreement with the State of Minnesota for the above- referenced project, and that the Board certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE BE IT RESOLVED, that the North Oaks member of the Lake Johanna Fire Department Board of Directors and the Lake Johanna Fire Department Headquarters Board is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of North Oaks. Adopted by the City Council of the City of North Oaks this 4th day of March, 2025. Ayes: Nays: By: ________________________________ Krista Wolter Its: Mayor Attested: By: ________________________________ Kevin Kress Its: City Administrator/City Clerk 2 28  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 Hills and legally described as Lot 2, Block 1, 2 Pine Tree North, Ramsey County, Minnesota ("the Property") as a potential site for a new fire station; and WHEREAS, the Property is large enough to accommodate headquarters for the 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 1 29 to the contracting parties and to provide for a joint board representing the parties to the agreement; and WHEREAS, the purpose of this aAgreement 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, namely aa headquarters for the Lake Johanna Fire Department ("the Project"); and WHEREAS, the new fire station will be owned by the Board and operated by the Lake Johanna Fire Department 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 Lake Johanna Fire Department Headquarters Board is hereby established. 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 established for the purposes listed above, including facilitation of the transfer of the Property from the contingent upon Lake Johanna Fire Department transferring the Property to the Board. 2.2 Share of Equity and Costs. The Cities shall be responsible for paying for the costs for the Project, costs related to ownership and operation of the fire station, and all other related costs incurred by the Board pursuant to this JPA according to the following cost- share formula: 2.2 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% assessedmarket value., in accordance with the Fire Department’s 2 30  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 for construction of the fire station. 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. 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 3 31  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. 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 Insurance and Indemnification. The Board shall secure insurance coverage as necessary. The Board shall defend and indemnify the cities for any liability claims arising from Board’s activities and decisions of the Board. Nothing in this agreement shall 4 32  constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses, and the limits of liability under Minnesota Statutes, Chapter 466 for some or all of the cities may not be added together to determine the maximum amount of liability for any city. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer or employee of any City for any act or omission for which the officer or employee is guilty of malfeasance in office, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne by all Cities in according to the formula found in Section 2.2, but this does not include the liability of any individual officer or employee which arises from his or her own malfeasance, willful neglect of duty, or bad faith. All insurance policies required under this Agreement shall be open to inspection by any City and copies of the policies shall be submitted to a party upon written request. 6 6. Fiscal Agent. The Board may delegate financial and administrative oversight to a Fiscal Agent who shall be a party to this Agreement. The Fiscal Agent shall serve as administrator of all funds contributed by the Cities or otherwise received by the Board, and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom as approved by the Board in accordance with generally accepted accounting principles. The Fiscal Agent shall maintain current and accurate records of all obligations and expenditures of Board funds. The Fiscal Agent shall produce such records and reports as requested by the Board. The Board shall compensate the Fiscal Agent for its services as follows: [insert compensation terms]. 5 7 7.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 8 7 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 5 33  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: 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. 9 87 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 34  CITY OF SHOREVIEW Date: Mayor Date: City Clerk 7 35  CITY OF ARDEN HILLS Date: Mayor Date: City Clerk 8 36  CITY OF NORTH OAKS Date: Mayor Date: City Clerk 9 37 10 38  ADDENDUM A TO LEASE AGREEMENT COOPERATIVE CONSTRUCTION AGREEMENT THIS COOPERATIVE CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this ___ day of ______________, 20___, by and between the Lake Johanna Fire Department Headquarters Board, a joint powers agency (the “Board”) created by that certain Joint Powers Agreement dated November 17, 2021, as amended (the “Headquarters Joint Powers Agreement”), the City of Shoreview, a Minnesota municipal corporation, the City of Arden Hills, a Minnesota municipal corporation, and the City of North Oaks, a Minnesota municipal corporation (each a “City” and collectively, the “Cities”), and the Lake Johanna Fire Department, a Minnesota nonprofit corporation (the “Fire Department”) (the Board, the Cities, and the Fire Department are the “Parties” and each individually is a “Party”). BACKGROUND RECITALS 1. The Fire Department is conveying to the Board the real property located at 3535 Pine Tree Drive in Arden Hills, legally described as Lot 2, Block 1, 2 Pine Tree North, Ramsey County, Minnesota (the “Property”). 2. The Board is leasing the Property back to the Fire Department. The Lease Agreement to which this Agreement is attached (the “Lease”) indicates that the Board, in cooperation with the Fire Department, will construct a new headquarters facility for the Fire Department’s use on the Premises (the “Project”). 3. The Project will be completed and financed in accordance with the lease agreement and as further detailed in this Agreement. The Parties agree as follows: AGREEMENT I. Fire Department is Appointed as Bidding/Contracting Agent and Board’s Designee 1. This Agreement describes the responsibilities of each of the Parties for design, construction, and financing of the Project. 2. The Board appoints the Fire Department as its agent to obtain bids, enter into a contract for the construction of the work, and supervise the work performed on the Project for compliance with the Project construction documents and this Agreement. 3. The Board further appoints the Fire Department as its designee to submit draw requisitions to the State when an Advance is requested pursuant to the General Fund Grant Agreement, Sections 1.01 and 4.02. 39  The Fire Department shall ensure that the contract for construction of the Project and all work completed pursuant to such contract complies with all requirements for the construction of the Project required by that Grant Agreement between the Lake Johanna Fire Department Headquarters Board, including but not limited to payment of prevailing wages. II. Fire Department Provides Construction and Contract Administration 1. The Fire Department has bid the Project and selected a contractor and owner’s representative to handle construction management. 2. As soon as commercially reasonable based in part upon site/weather conditions, the Fire Department will give notice to the contractor to begin construction. 4. The Fire Department, with its architect, the owner’s representative, and other agents, assigns, contractors, or personnel, will perform and direct all construction supervision, contract administration, and inspections required to complete the Project. Contract administration shall include reviewing each pay application to ensure compliance with prevailing wage requirements before processing the same for payment. 3. 3. The Board Chair (or its designee identified to the Fire Department in writing) will be available to the Fire Department at all times during construction of the Project. The Board will designate such person as an Authorized Representative with the authority and experience to make decisions concerning the construction of the Project so as not to delay construction of the Project. III. Cost Participation and Payment 1. The Fire Department will pay all Project invoices and pass the costs on to the Board and Cities. 2. The Parties have agreed upon the following allocation of Project costs: a. Board. Under the provisions contained in Minnesota Laws of 2023 Regular Session, Article 1, Section 9, Subdivision 14, the State of Minnesota (“State”) has allocated $6,370,000.00 (the “State Bond”) to the Board for the Project. The State will distribute funds to the Board for Project costs as they are incurred pursuant to the State Bond and the General Fund Grant Agreement that will be executed with the State. However, the Parties expect that the Board, by and through the Cities, will pay each Project invoice in full before the State issues payments of Advances (as defined in the General Fund Grant Agreement). a. Cities. Pursuant to Section 5.23 of the General Fund Grant Agreement, the State requires that certain matching funds be provided. Each City has agreed to allocate funds (via bond issuance or cash) in an amount sufficient to cover such City’s respective share of the matching funds. 3. Invoices and Draw Requisitions. The process of reviewing and paying Project 40 costs will be as follows: a. The Fire Department, as the Board’s contracting agent and designee, shall (i) promptly review all third-party Project invoices; (ii) submit the same to the architect and owner’s representative and obtain their verification concerning the invoice amount, work quality, lien waivers, materials on site, payment of prevailing wages, and other factors to validate of the amount claimed due; (iii) submit to the Board and each City the third-party invoice with a separate invoice stating each City’s pro rata share of the third-party invoice amount, where each City’s respective share of an invoiced amount will be calculated based on the cost-share formula (pursuant to the Headquarters Joint Powers Agreement)found in the Board’s bylaws and JPA; and (iv) submit the Draw Requisition to the State, obtain the Advance, and credit to each City its pro rata share of the State Advance in proportion with the cost-share formula (to be held by the Fire Department and applied to the Cities’ respective shares of the future Project invoices). b. State Bond funds are expected to reimburse the Board/Cities after they pay the third-party invoices in full in advance. The Board/Cities shall initially pay each third-party Project invoice in full. For example, if a Project invoice for $10,000.00 is submitted to the Fire Department, the Fire Department will send a copy of the third-party Project invoice to the Board/Cities and will allocate the entire $10,000.00 between the Cities for payment pursuant to the cost-share formula. After the State approves the Draw Requisition and issues the Advance, the Advanced funds will be used by the Fire Department to pay future third-party Project invoices and credits will be given to the Cities as stated in the prior subsection of this Agreement. 4. Prompt Payment. Each City has indicated its intentagrees to timely pay the invoiced amount to the Fire Department within seven to fourteen (7-14) days. The Fire Department will not have the cash on hand to pay the third-party Project invoices, so prompt payment is critical to prevent a default in payment of a third-party claim. The Board hereby guarantees the prompt payment of each of the Cities. IV. Warranties and Maintenance 1. The Project payment and performance-bonds and warranties will be issued in the name of the Fire Department as the operating entity and the contracting party. 2. After acceptance of the Project by the Fire Department, the Fire Department is shall be responsible for operation and maintenance of the Project. V. Liability 1. To the extent authorized by law each party is responsible only for its own acts and the results of its acts. Each Party’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. 41  5. 2.The Parties shall provide the following insurance: a. Each Party shall have an insurance or self-insurance program with minimum coverage consistent with the liability limits in Minnesota Statutes, Chapter 466. Nothing in this agreement is a waiver or limitation of any immunity or limitation of liability by the Council or City. b. The Fire Department will ensure that the Project construction contract includes clauses that: i. Require the Project contractor to defend, indemnify, and hold harmless the BoardCouncil, its officers, agents, and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including reasonable attorney’s fees, witness fees, and disbursements) arising out of or by reason of the acts or omissions of the contractor, its officers, employees, agents, or subcontractors; ii. Require the Project contractor to provide and maintain insurance in commercially reasonable amounts and name the Board as additional insured; and iii. Require the Project contractor to be an independent contractor for the purposes of completing the work on the Project. c. Upon completion of the Project when a certificate of completion is issued and accepted by the Fire Department or a certificate of occupancy is issued for the headquarters building, the Board shall insure the building structure, and the Fire Department shall insure the contents. VI. General Provisions 1. This Agreement and the Lease constitute the entire agreement between the Parties concerning the Project and supersedes all oral agreements and negotiations between the parties relating to the Project. 2. To the extent they are compatible, the terms of the Lease apply to this Agreement. If there is a conflict between the terms of this Agreement and the terms of the Lease, this Agreement governs. 42  Each Party is signing this Agreement effective as of the date first written above. BOARD Lake Johanna Fire Department Headquarters Board Date: By: Sue Denkinger Its: Board Chair FIRE DEPARTMENT Lake Johanna Fire Department Date: By: Tim Boehlke Its: Chief Executive Officer CITY OF SHOREVIEW By -Date: Mayor S ED: ATTEST: E A Date: L City Clerk D , I, A T 43 44 45 46 47