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1f. Joint Powers, Fire Response to Gedney Pickle Plant CITY OF 1 , 1 ,L.: 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 '`°-° 937-1900 I (612) „., JY {•i '^In.str2tot MEMORANDUM IPate Su.:fia-. .i :) C: -,.--...=.c^. TO: Don Ashworth, City Manager . ..... . �� I ..._.�_ 2-13-SI FROM: Jim Chaffee, Public Safety Director —_ SUBJ: Joint Powers Agreement -- Chaska Fire Department IDATE: February 8, 1989 1 Please find attached a joint powers agreement drawn up by our city attorney to provide for a response by Chaska Fire to the Gedney Pickle Company. You may remember that a temporary I agreement was reached last year providing for initial response by the Chaska Fire Department . I We are now proposing to make the agreement a permanent contractual arrangement between the City of Chanhassen and the City of Chaska. The purpose of this arrangement is to help the Gedney Pickle Company regain its class 6 fire rating for insurance purposes. Recommendation: IStaff recommends entering into a contractual agreement with the City of Chaska to provide initial fire response to fire IIcalls at the Gedney Pickle Company. !T1 /1--;-7-4- ' 1 LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON 1 DAVID L. GRANNIS-1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER; DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B KNETSCH MICHAEL J. MAYER VANCE B. GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE PATRICK A. FARRELL TIMOTHY J. BERG DAVID L. GRANNIS,III SOUTH ST. PAUL, MINNESOTA 55075 ROGER N. KNUTSON TELEPHONE(612)455-1661 1 DAVID L. HARMEYER 'ALSO ADMrrr>:D TO December 9 , 1988 PRACTICE IN WISCONSIN Mr. Jim Chaffee 1 Public Safety Director Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Chanhassen/Chaska Joint Powers Agreement 1 Dear Jim: Enclosed please find Joint Powers Agreement between 1 Chanhassen and Chaska for the purpose of providing first response fire services to Gedney Pickle Factory. 1 Ve • - yours, GRANNIS, - 'ANNIS, FARRELL 1 & ` SIR • . :.•er N. Knutson 1 • RNK: srn Enclosure 1 cc: -- Don Ashworth 1 1 1 1 DEC 1 2 1988 G I Y OF CHANhASSEN i r JOINT POWERS AGREEMENT AGREEMENT made this day of , 19 by and ' between the City of Chanhassen and the City of Chaska, both Minnesota municipal corporations in Carver County, Minnesota. WITNESSETH: WHEREAS, this Agreement is entered into pursuant to the ' authority of the "Joint Powers Act", Minnesota Statute Chapter 471; ' and WHEREAS, the City of Chanhassen and the City of Chaska believe that it is beneficial for the Cities to enter into this Agreement in connection with the City of Chaska providing first response fire services to the Gedney Pickle Factory located within the corporate limits of the City of Chanhassen, with a mailing address of 2100 ' Stoughton Avenue, Chaska, Minnesota. ' NOW THEREFORE, the parties agree as follows: 1. The City of Chaska will agree to provide first response fire services to Gedney Pickle Factory located within the corporate limits of the City of Chanhassen, but having a mailing address of 2100 Stoughton Avenue, Chaska, Minnesota. 2 . Each of the parties will maintain their own insurance. 3 . Chanhassen will not have liability for damage to fire fighting equipment of the City of Chaska. 4 . Neither City will pay the other for this arrangement. 5. The City of Chanhassen and the City of Chaska agree to ' indemnify and hold each other harmless from any claims, demands, actions, or causes of action, arising in whole or in part out of any 12/9/88 a act or omission on the part of their officers, employees, agents or contractors while engaged in any of the work or services pursuant to the terms of this Agreement. 6. This Agreement will run in perpetuity and both parties ' hereby agree to execute any and all necessary documents to implement the intents and purposes of this Agreement. 1 CITY OF CHANHASSEN 1 BY: Its Mayor Dated: BY: Its City Administrator CITY OF CHASKA BY: 1 Its Mayor Dated: BY: ,Its City Administrator I 1 11 t • 'tM 0 D I 1E: M.A. Gedney Company `•<+,. k�„,�N ;�• CHASKA, MINNESOTA 55318 ! (6121 448-2612 • I February 23, 1988 Mr. David Pokorney City Administrator ' City of Chaska 205 East 4th Street Chaska, Minnesota 55318 ' Dear Mr. Pokorney: In order for the M. A. Gedney Company to regain its protection ' class 6 fire rating, it is necessary that the Company have a contractual agreement for first response by a fire department within 5 miles of the plant. As the Chanhassen Fire Department is over the 5 mile limit, the Gedney Company would be willing to pay a reasonable annual fee to the Chaska Fire Department for such a first response agreement. I would like to further discuss this matter at your convenience ' with the hope of reaching an agreement in the near future. Thank you for your consideration. Sincer Robert F. Fadness Exec. Vice President Operations M. A. Gedney Company mb e PICKLES .\IV PEPPERS Nil RELISH '4! CONDIMENTS l!! VINEGAR \4( SAUERKRAUT • .s: ;_,„ .. :, ,„...., March 2, 1988 1 Mr. Don Ashworth City Manager City of Chanhassen P. 0. Box 147 Chanhassen, MN 55317 Dear Don: , Recently I received a letter from M.A. Gedney Co. requesting that the City 11 of Chaska provide them first response fire service to their pickle processing facility located in Chanhassen. Attached is a copy of the letter that I received from Mr. Robert Fadness, Executive Vice President. Although the City of Chaska may well be willing to provide sucn first response service I feel strongly that procedurally the agreement snould 1. be between the City of Chaska and the City of Chanhassen as opposed to between Chaska and the private company. Consequently, I have informed iir. Fadness that he should pursue the matter through his local community and then the two local communities, Chaska and Chanhassen, could enter into a Joint Powers Agreement providing such first response services. If you have concerns regarding such an agreement please feel free to contact me at your convenience otherwise I will expect to hear from you once representatives from Gedney discuss the matter further with you or your staff. Chaska sincerely looks forward to continued close cooperation with Chanhassen. If you have any questions or comments please feel free to contact me. Sincerely, ' Dave Pokorney City Administrator DP:ib cc to: Robert Fadness Jim Worm, Fire Chief , . MAR 4 1988 1 x I IlJfll� '1 IJVV ' CITY OF CHANt,ASstty City Of CiaS,arta Minnesota 205 East Fourth Street 55318-2094 Phone 612/448-2851 g iryy-,• •" .~ r, ,,s- _,-,-, CITY OF � ��. `�': , =' 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 c 1., . ., .. cEAL : AssEN I (612) 937-1900 1 April 21, 1988 1 City of Chaska Attn: Mr. David Pokorney I City Administrator 205 East Fourth Street Chaska, MN 55318 1 Re: Joint Powers Agreement, Fire Protection Services, M.A. Gedney Company - 1 Dear Dave: This letter is to request your considering entering into a joint I Cpowers agreement with the City of Chanhassen to jointly share first responder responsibilities for the M.A. Gedney Company. I would envision the agreement calling for the Sheriff ' s Department I to notify both the Chaska Department as well as the Chanhassen Department of any fire alarm/emergency. Given your close proximity to the Gedney facility, without question, Chaska will be first to arrive at the scene. However, such an agreement I should take care of the insurance problems currently being faced by Mr. Gedney. II would ask that the Chaska City Council consider the above request as a short term solution to the insurance renewal problems of Mr. Gedney. By considering this as an interim solu- tion, hopefully we will eliminate any precedent problems that it 1 may cause for you. As far as a long term solution, I would suggest that the Gedney issue continue to be incorporated into our discussions regarding annexation/deannexation. Contrary to 1 newspaper accounts , I sincerely believe that an opportunity to resolve differences that exist can be achieved during the next two to three month period of time. If I am wrong, we will have to face that issue at the expiration of the interim agreement ( I 1 would suggest six to twelve months ) . Unfortunately, our City Council will be meeting on the same date as your Council. As such, I will not be able to personally I C L attend. However, I have asked our Public Safety Director, Jim 1 1 , • a - 1 Mr. David Pokorney April 21, 1988 1! Page 2 1 Chaffee to be present to answer questions which your Council may have. I would also anticipate representatives of M.A. Gedney Company to be present. Again, thank you for your consideration. Sincerely, 641.0-0AditA Don Ashworth City Manager , DA:}� Enclosures : City of Chaska Letter dated March 2 , 1988 I M.A. Gedney Company Letter dated February 23 , 1988 41 • 1 1 1 1 1 1