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Home My WebLink About2011-069 Council Resolution• Council Member 0' Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -69 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF CENTERVILLE AND COUNTY OF ANOKA REGARDING UTILITY SERVICES IN REGIONAL PARK RESERVE WHEREAS, Anoka County operates a beach and campground located in primarily in Lino Lakes with lesser portions in Centerville (Park Facility). WHEREAS, Anoka County wishes to make improvements to the Park Facility and desires to connect the Park Facility to municipal sanitary sewer and wishes to have the ability to connect the Park Facility to municipal water at a future date. WHEREAS, Lino Lakes does not have sanitary sewer or water available to serve the Park Facility nor is if feasible for Lino Lakes to extend sanitary sewer or water to serve the Park Facility. • WHEREAS, It is feasible for Centerville to serve the Park Facility with water service and/or sanitary sewer service, and Lino Lakes desires to have Centerville do so. WHEREAS, Anoka County has requested that Centerville provide the Park Facility with sanitary service at this time and the option of securing water service in the near future. WHEREAS, The proposed sewer and water lines for the Park Facility cannot be constructed entirely within Centerville and are proposed to also be constructed through property located in Lino Lakes owned by Anoka County. WHEREAS, Lino Lakes desires to cooperate with Centerville and Anoka County on the extension of Centerville sewer and water lines through property located in Lino Lakes, owned by the Anoka County, in order to serve the Park Facility. WHEREAS, Minnesota Statutes section 471.59 authorizes political subdivisions to enter into joint powers agreements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Council hereby approves the Joint Powers Agreement with the City of Centerville and the County of Anoka for the provision of municipal utilities to the specified facilities in the Rice Creek Chain of Lakes Regional Park Reserve and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. • • Juliann. Bartell, City erk Adopted by the Lino Lakes City Council this 27 thday of June, 2011. 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, Reinert The following voted against same: none (Absent - Gallup) Whereupon said resolution was declared duly passed and adopted. • • • • • AGENDA ITEM 6 H STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 27, 2011 TOPIC: Resolution No. 11 -69: Joint Powers Agreement With Anoka County and City of Centerville for Utility Service to Regional Park Facilities ACTION: 3/5 vote BACKGROUND Anoka County wishes to make some improvements to the existing campground in the Rice Creek Chain of Lakes Regional Park Reserve. This includes a connection to Centerville's municipal sanitary sewer service. Currently, the campground wastewater is treated in an existing onsite septic system. The municipal border runs right through the campground: most of the campground is within Lino Lakes, while some of it is in Centerville. There is no Lino Lakes sewer pipe in the vicinity, but there is a Centerville pipe serving homes along Mound Trail on the north side of Centerville Lake. Because the campground sewer service will cross a municipal border, it is wise to have a Joint Powers Agreement spelling out responsibilities. Anoka County will design and construct the sewer services and pay service fees to Centerville. Anoka County will own the sewer elements within the park and will be responsible for maintaining them. The existing beach site in the park already is connected to the Centerville sewer system. The agreement acknowledges this and incorporates that connection in the agreement. OPTIONS 1. Approve Resolution No. 11 -69, approving the Joint Powers Agreement. 2. Return to staff with direction RECOMMENDATION Option 1 • • • JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES, THE CITY OF CENTERVILLE AND THE COUNTY OF ANOKA THIS AGREEMENT, is made to be effective , 2011, between the CITY OF LINO LAKES, a municipal corporation under the laws of the State of Minnesota (LINO LAKES), the CITY OF CENTERVILLE, a municipal corporation under the laws of the State of Minnesota (CENTERVILLE) and the COUNTY OF ANOKA, a political subdivision of this State of Minnesota (ANOKA COUNTY). RECITALS: A. ANOKA COUNTY operates a beach and campground located in primarily in LINO LAKES with lesser portions in CENTERVILLE (Park Facility). B. ANOKA COUNTY wishes to make improvements to the Park Facility and desires to connect the Park Facility to municipal sanitary sewer and wishes to have the ability to connect the Park Facility to municipal water at a future date. C. Lino Lakes does not have sanitary sewer or water available to serve the Park Facility nor is if feasible for LINO LAKES to extend sanitary sewer or water to serve the Park Facility. D. It is feasible for CENTERVILLE to serve the Park Facility with water service and /or sanitary sewer service, and LINO LAKES desires to have CENTERVILLE do so. E. ANOKA COUNTY has requested that CENTERVILLE provide the Park Facility with sanitary service at this time and the option of securing water service in the near future. F. The proposed sewer and water lines for the Park Facility cannot be constructed entirely within Centerville and are proposed to also be constructed through property located in LINO LAKES owned by ANOKA COUNTY. G. LINO LAKES desires to cooperate with CENTERVILLE and ANOKA COUNTY on the extension of CENTERVILLE sewer and water lines through property located in LINO LAKES, owned by the ANOKA COUNTY, in order to serve the Park Facility. • PURPOSE: Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. • • AGREEMENT: Now, therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, LINO LAKES, the CENTERVILLE, and ANOKA COUNTY, agree as follows: SECTION 1 — WATER AND SANITARY SEWER SERVICES A. SANITARY SEWER CONNECTION. ANOKA COUNTY will submit to LINO LAKES and CENTERVILLE for approval, its plans to construct and install, with no cost to LINO LAKES, or CENTERVILLE, adequate and suitable sanitary sewer lines, force mains and pump stations (Sanitary Sewer Service) to serve the Park Facility. Subject to issuance of any required permits of and associated inspections by, LINO LAKES and CENTERVILLE, ANOKA COUNTY will construct the Sanitary Sewer Service in accordance with such approved plans. Within 120 days of completion, ANOKA COUNTY will provide LINO LAKES, and CENTERVILLE with record plans of the Sanitary Sewer Service in a format acceptable to them. B. WATER CONNECTION Subject to the process in paragraph A, ANOKA COUNTY may request a permit to connect the Park Facility to CENTERVILLE's watermain at a future date. Upon issuance of any required permits by LINO LAKES or CENTERVILLE, ANOKA COUNTY may connect the Park Facility to CENTERVILLE's watermains. C. HOLD HARMLESS. Subject to exceptions and limitations provided by law, including but not limited to those contained in Minnesota Statutes, Chapter 466, ANOKA COUNTY shall hold harmless and defend the cities of LINO LAKES and CENTERVILLE from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the Sanitary Sewer Service or water service to serve the Park Facility. D. EASEMENT. Easements needed to construct and maintain the sewer or water services shall be acquired by ANOKA COUNTY. Such easements shall be reviewed, approved and accepted by the cities of LINO LAKES, and CENTERVILLE prior to the project being bid out. • E. OWNERS OF SEWER SERVICE AND WATER SERVICE. The sanitary sewer and /or water services shall be constructed and owned by ANOKA COUNTY. All maintenance of the services shall be the responsibility of ANOKA COUNTY. Locating of the sanitary service and /or water service lines shall be the responsibility of ANOKA COUNTY. • • F. HOOK -UP FEE. ANOKA COUNTY will pay with its permit application any sanitary sewer and /or water connection fee per unit as shall be in effect for CENTERVILLE and Metropolitan Council Environmental Services (MCES) based upon the number of fixture units assigned by the MCES formula. The connection fees may be adjusted from time to time by CENTERVILLE, and such fees shall be based upon the same rate charged for similar services furnished by CENTERVILLE for property lying within the city. G. METERS AND BILLING. Appropriate meters with an outside remote reader shall be installed by ANOKA COUNTY at its expense to measure the sanitary sewer discharged in gallons, into CENTERVILLE sewers, which shall be the means of allocating a user charge to the Park Facility. When a future water service is connected, ANOKA COUNTY shall purchase and install a meter and remote reader at its connection to the city water system. ANOKA COUNTY shall pay when due the amount charged for the sewer and /or water service. The rate per gallon shall be equivalent to the rate charged for similar properties located in CENTERVILLE. Such meters and outside remote readers shall also be inspected by, or under the supervision of CENTERVILLE. Such water and sanitary sewer rates may be adjusted annually by CENTERVILLE. Any replacement or upgrading of meters shall be at the expense of ANOKA COUNTY. H. RIGHT TO INSPECT. CENTERVILLE, through its officers, agents and employees, shall have the right, at all times, to examine, inspect and test any materials or work used or to be used in connection with the sewer and /or water system connecting to the CENTERVILLE for the purposes of determining compliance with city code and to detect leakage or infiltration. I. INTERRUPTIONS SERVICE. CENTERVILLE shall not be liable for any direct or indirect damages resulting from lack of water supply or interruption of sewer service to its customers, in the event of repair of sewer or water mains, sewer obstructions or connections of new water mains or in the event of fire prevention, or any other cause, and such sanitary sewer service or water supply may be interrupted for as long as is necessary to complete the necessary work. J. PREVIOUS CONNECTION. The parties acknowledge that ANOKA COUNTY has previously connected its beach facilities to CENTERVILLE sanitary sewer without the benefit of a joint powers agreement. The parties intend that the terms of this agreement shall extend to cover the beach facilities connection, except that no additional permits and no additional connection fees shall be required. • • • SECTION 2 — MISCELLANEOUS A. TERM. This Agreement may be terminated by LINO LAKES if it determines it will supply the Park Facility with water and /or the Sanitary Sewer Service and /or by CENTERVILLE if it determines it is unable to supply water or the Sanitary Sewer Service to the Park Facility. In case of termination, not less than one year in advance of such termination, notice shall be give to the following: To ANOKA COUNTY: Anoka County Administrator Anoka County Government Center 2100 3rd Ave. Anoka, MN 55303 To the CITY OF CENTERVILLE: City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 To the CITY OFLINO LAKES: City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 The parties agree that if this Agreement is terminated for any reason, it shall be replaced with another Agreement for provision of sewer and /or water services unless the service is no longer needed by ANOKA COUNTY. B. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. IN WITNESS WHEREOF, the COUNTY OF ANOKA, the City of LINO LAKES, and the City of CENTERVILLE have caused this Agreement to be executed on their behalf by their proper Board, Council and Officers. (signatures on following pages) • • • ANOKA COUNTY By: Rhonda Sivarajah, Chair, Anoka County Board of Commissioners By: Jerry Soma, Anoka County Administrator Approved as to form: Dan Klint County Attorney STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2011, by Rhonda Sivarajah, Chair of the Anoka County Board of Commissioners, and Jerry Soma, Anoka County Administrator, by Clerk of the County of Anoka, Minnesota, a political subdivision, on behalf of the County. Notary Public • • • CITY OF CENTERVILLE By: Tom Wilharber, Its Mayor By: Teresa Bender, Its City Clerk STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2011 by Tom Wilharber, Mayor of the City of Centerville, and by Teresa Bender, City Clerk of the City of Centerville, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public • • • CITY OF LINO LAKES By: Jeff Reinert, Mayor By: Julie Bartell, City Clerk Dated: , 2011. STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2011, by Jeff Reinert, Mayor of the City of Lino Lakes, and by Julie Bartell, City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public • TEMPORARY CONCRETE PLANT SITE PCI ROADS MN/DOT PROJECT SP 0282-34 FOR ARNT CONSTRUCTION COMPANY ---- m 'D. M ,--Easetn' era fee ------ •• •-marth one • vz ----------- setI/4 .W1/4 Sc. GM MGM 4P- ------- --------- --------------- 4 .maa 0070 •747.• ••10 ---- ------- • - •Nall oveso ; GRAVEL ' • "se' ' ! : ; M " • • t;e7r . ▪ • •- ■ * 4 ***400 • 111:111.5 7 •110,11 ,-- Ns. Me of the scs. e7167 hot of Me W I/2 el 97,1/4 of the SF1/4 Sec 911 --------- -- --- ------- - ua 110 •IOS7 A seint B7167 Met north of Me SW earner er tn. E1/2 a tn. 081/4 or Ole SE1/4-4, Ssc 24, 1:110A 0028 seed a P Ned Sc Y r, 24, TJN. 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