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HomeMy WebLinkAbout2010-008 Council Resolution• • • Council Member0'tonnp11 adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 10-08 RESOLUTION APPROVING PINE STREET MAINTENANCE JOINT POWERS AGREEMENT WHEREAS, the parties agree that it is in their best interest that the cost of project be shared; and WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the City Council hereby approves the Joint Powers Agreement with the City of Columbus for the maintenance of the Pine Street and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Jeff Reine ayor Adopted by the Lino Lakes City Council this 25th day of January, 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Gallup, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 6Bii James E. Studenski, City Engineer January 25, 2010 Resolution No. 10 -08, Approving Pine Street Maintenance Joint Powers Agreement. Simple Majority City Staff has worked with the City of Columbus Staff to prepare a Joint Powers Agreement for the maintenance of Pine Street. The Joint Powers Agreement sets forth terms of the agreement that Lino Lakes and Columbus have reached regarding the maintenance responsibilities on Pine Street. Those terms include: — Lino Lakes performing fall and spring sweeping, annual crack sealing, minor pothole filling and minor asphalt breakup repair from Lake Drive to 4th Avenue / Jodrell Street. - Columbus performing grading of the gravel portion of the west end of Pine Street. — Dust Control and additional gravel costs will be shared equally between Lino Lakes and Columbus. - Snow removal and winter sanding by the first City to reach Pine Street. - Replacement of drain pipes will be shared equally between Columbus and Lino Lakes. - Street signage, gravel shoulders, brush cutting and tree removal will be maintained on the north side by Columbus and on the south side by Lino Lakes. The City of Columbus has agreed to the terms of the attached Joint Powers Agreement. They will bring this Joint Powers Agreement to their next City Council Meeting. RECOMMENDATION: Staff recommends approving Resolution Number 10 -08, Approving Pine Street Maintenance Joint Powers Agreement. • JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF COLUMBUS REGARDING MAINTENANCE OF PINE STREET THIS AGREEMENT made and entered into this day of January, 2010 by and between the City of Lino Lakes and the City of Columbus; both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS WHEREAS, the City of Lino Lakes and City of Columbus share jurisdiction over Pine Street (Exhibit A); and WHEREAS, it is best interest of the City of Lino Lakes and the City of Columbus to share maintenance responsibilities; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each; and NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, Lino Lakes and Columbus agree as follows: I. PURPOSE The purpose of this Agreement is to set forth the terms of the agreement Lino Lakes and Columbus have reached regarding the ongoing maintenance of Pine Street. II. AGREEMENT 1. Lino Lakes shall maintain the paved portion of Pine Street from Lake Drive to 4th Avenue / Jodrell Street by performing a fall and a spring street sweeping, annual crack sealing, minor pothole filling and minor asphalt breakup repair. 2. Columbus will grade the west end of Pine Street from 4th Avenue / Jodrell Street to the western terminus as deemed necessary by Columbus or Lino Lakes Public Works Superintendents throughout the grading season. If Columbus is unable to grade the road due to equipment failure then Lino Lakes will grade it. The cost of dust control and additional gravel will be shared equally between the Lino Lakes and Columbus on that portion of Pine Street. 3. Snow removal and winter sanding will be performed by the City that is on Pine Street first for the entire length of Pine Street. 4. Lino Lakes shall maintain the storm water drainage pipes, with said maintenance consisting of performing periodic inspections of the conveyance system and • • taking minor corrective action. Culvert replacement costs will be shared equally between Lino Lakes and Columbus. 5. Ditch mowing will be performed by Lino Lakes at a minimum of once a year in the summer and once in the fall. 6. Lino Lakes and Columbus will share equally the cost to sealcoat the roadway on a five to seven year interval and overlay, as necessary. 7. Street signage, gravel shoulders, brush cutting and tree removal will be maintained on the north side by Columbus and on the south side by Lino Lakes. 8. Both cities mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees of the indemnifying party, to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement. 9. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 10. Termination. This agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. The cities shall pay their pro rata share of costs incurred prior to such notice of termination. 11. For purposes of delivery of notices herein, the notice shall be effective if delivered to the City Administrator of Columbus (16319 Kettle River Blvd., Columbus, Minnesota 55025) and to the City Administrator of Lino Lakes (600 Town Center Parkway, Lino Lakes, Minnesota 55014). 2. • • • IN WITNESS WHEREOF, the City of Lino Lakes and the City of Columbus have caused this Agreement to be executed on behalf of the proper officers. Dated: CITY OF LINO LAKES Mayor City Clerk Dated: CITY OF COLUMBUS 1289294.1 3. 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