4.6. SR 04-08-2013 cf
Ells _ REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.6
AGENDA SECTION MEETING DATE PREPARED BY
Consent Aril 8,2013 T.John Cunningham,Fire Chief
ITEM DESCRIPTION REVIEWED By
Ordinance Repealing Chapter 22,Article II,Titled Volunteer Peter Beck, City Attorney
Fire Department,and Adopting a New Article II Titled Fire REVIEWED BY
Department Cal Portner, City Administrator
ACTION REQUESTED
Approve by motion the repeal of Chapter 22,Article II,titled Volunteer Fire Department,and adoption
of a new Article II,titled Fire Department, of the City if Elk River,Minnesota, City Code.
BACKGROUND/DISCUSSION
On April 1,2013, staff brought forward to Council for discussion changes to Chapter 22,Article II,
which pertains to the establishment, structure,and oversight of the Fire Department. Presented for
Council is a request for action to replace the existing language with a new ordinance that is consistent
with industry best practices, standards, and applicable laws.
FINANCIAL IMPACT
There is no financial impact associated with this item.
ATTACHMENTS
■ Ordinance 13-
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\04-08-2013\4.6 FD Ordinance SR.docx INAWR
ORDINANCE 13 -
CITY OF ELK RIVER
AN ORDINANCE REPEALING CHAPTER 22, ARTICLE 11, TITLED VOLUNTEER
FIRE DEPARTMENT, AND ADOPTING A NEW CHAPTER 22, ARTICLE 11,
TITLED FIRE DEPARTMENT, OF THE CITY OF ELK RIVER, MINNESOTA, CITY
CODE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter 22,Article II,titled"Volunteer Fire Department" of the City of Elk
River Code of Ordinances,is hereby repealed.
Section 2. That a new Chapter 22,Article II,titled"Fire Department" of the City of Elk River
Code of Ordinances,is hereby adopted and shall read as follows:
Sec. 22-31 —Department continued;purpose; organization.
a. There is hereby continued in the city and for its benefit a Fire Department,
whose mission is to prevent and suppress fires,to protect lives and property,to
enforce applicable fire, building and life safety codes, and to promote the health,
safety and welfare of its citizens.
b. The Fire Department shall be administered by a fire chief,who shall be
appointed by the City Council.
Sec. 22.32—Fire chief and officers.
a. The fire chief shall have supervision and control of the Fire Department and its
personnel. The fire chief shall be responsible for general policy-making and
administrative control and for directing,planning,and coordinating all activities
of the Fire Department,including,but not limited to, fire protection and
emergency response, fire prevention and safety educational services, training and
safety of personnel, and fire station facilities,vehicles, and equipment assigned to
the department. Specific duties of the fire chief shall be prescribed in a job
description prepared by the city administrator and approved by the City Council.
b. For periods of absence from the city up to 60 days, the fire chief has the
authority to appoint an acting fire chief. For periods of absence longer than 60
days, the City Council shall approve the appointment of an acting fire chief.
c. The Fire Department shall have officers and other management staff subordinate
to the fire chief who shall assist in the management of Fire Department duties
and functions. The Fire Department chain of command shall be defined in the
Fire Department rules and regulations,administrative policies and/or operational
procedures. Specific duties of officers and management staff shall be prescribed
in job descriptions prepared by the fire chief and approved by the City Council.
Sec. 22.33—Personnel.
a. Fire Department personnel shall perform such duties and functions as are
prescribed in job descriptions which shall be prepared for each position by the
fire chief and approved by the City Council.
b. The City Council shall, by resolution, set the maximum authorized on-call
firefighter staffing level for the department.
c. Beginning April 1, 2013, no person hired or employed by the city to fill a full-
time position whose essential functions/duties include that of fire suppression
and/or emergency response may also be employed as an on-call firefighter.
Persons who already are both a full-time city employee with fire suppression
and/or emergency response functions/duties and an on-call firefighters on April
1, 2013, shall not be affected by this section with regard to their status at that
time unless they change positions.
Sec. 22.34—Rules and regulations
a. The fire chief shall prepare rules and regulations,administrative policies,and
operational procedures as deemed necessary for the efficient operation of the
department.
b. The city's personnel policies shall apply to Fire Department employees,including
on-call firefighters and officers in their capacity as such. Any conflict between
the city personnel policies and Fire Department rules and regulations,
administrative policies and/or operational guidelines shall be decided in favor the
applicable city personnel policy.
Sec. 22.35—Mutual Aid.
a. The Fire Department is authorized to respond to calls for assistance outside of
the city limits in accordance with its rules and regulations,administrative policies
and/or operating guidelines. The City Council shall, by ordinance,prescribe
charges to be made by the Fire Department for such calls and shall approve any
agreements made with other governmental bodies for fire protection.
Sec. 22.36—Service fees.
a. Establishment. The City Council may,by ordinance, establish fees for fire
protection and/or emergency response,which are not otherwise specified by
contract. Such fees may be established at a fixed rate for certain specific types of
incidents or for actual costs incurred by the fire department in responding to the
incident. The fire chief shall make a recommendation at least annually to the city
administrator for approval by the City Council regarding the fee to be charged
for each service.
b. Responsibility forpayment;lien for unpaid charges. Each owner of the premises
receiving Fire Department services to which a fee is charged for fire protection
and/or emergency response shall be deemed to have agreed to the fee and any
delinquencies in the payment of fees for the Fire Department service to the
premises shall be alien and charge against the premises so served. In case of a
delinquency, the lien may be certified to the county auditor with taxes against
such property, and shall be collected in the same manner as taxes against real
estate.
Sec. 22.37—Firefighters relief association.
a. There is hereby continued in the city a firefighters relief association,whose
function is to manage service pension benefits for on-call firefighters,which are
authorized under statutes, and to provide other services to on-call firefighters of
the city Fire Department as deemed appropriate by members of the association.
Section 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 8th day of April, 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk