HomeMy WebLinkAbout2013-048 Council Resolution•
CITY OF LINO LAKES
RESOLUTION NO. 13 -48
APPROVING JOINT POWERS AGREEMENT WITH CITY OF CENTERVILLE
MOUND TRAIL WATER AND SANITARY SEWER SERVICE
WHEREAS, two Lino Lakes residential properties are located at the southern terminus of
Mound Trail; and
WHEREAS, the City of Lino Lakes does not have sanitary sewer or water available to service
the properties in Lino Lakes nor is it feasible for Lino Lakes to extend utilities to service them;
and
WHEREAS, the City of Centerville does have sanitary sewer and water utilities available to
service the properties; and
WHEREAS, the City of Lino Lakes desire to cooperate with the City of Centerville on the
extension of Centerville sewer and water lines to serve property located in Lino Lakes; and
WHEREAS, Minnesota Statutes, Section 471.59 authorizes political subdivisions of the state to
enter into joint powers agreements for the joint exercise of powers common to each;
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Joint Powers Agreement with the City of Centerville for the provision of
sanitary sewer and water service to Mound Trail residential properties located within the City of
Lino Lakes.
Adopted by the Council of the City of Lino Lakes this 22nd day of April, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
0' Donnell and was duly seconded by Council Member Roeser and upon
vote being taken thereon, the following voted in favor thereof:
O'Donnell, Roeser, Rafferty, Stoesz, Reinert
The following voted against same:
none
ATTEST:
u , e Bartell, Cit, Clerk
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STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
INTRODUCTION
CITY COUNCIL
AGENDA ITEM 6D
Michael Grochala
April 22, 2013
Consider Resolution No. 13 -48, Approving Joint Powers
Agreement with the City of Centerville, Mound Trail
Water and Sanitary Sewer Service
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Staff is requesting City Council approval of a Joint Powers Agreement allowing the City of
Centerville to provide utility service to properties in Lino Lakes along Mound Trail.
BACKGROUND
Mound Trail is a '/2 mile long cul de sac located along the northwestern shoreline of Centerville
Lake. The street services approximately 33 residential properties 2 of which, located at the
southern terminus, are within the City of Lino Lakes. Due to the proximity of the lake and
surrounding Rice Creek Chain of Lakes Regional Park, the street is isolated from other
developed areas of Lino Lakes.
The City of Centerville currently provides sanitary sewer service to the two Lino Lakes
properties located at 7185 and 7193 Mound Trail. Centerville is proposing to extend the water
main to service a home currently experiencing well problems. The property owner at 7185
Mound Trail has requested that Centerville extend the water main to service his property.
The proposed JPA provides for the Lino Lakes properties to connect to the Centerville system
if desired. Lino Lake's properties would be charged a hook -up fee at the time of connection.
The fee would be based on the same rate charged for properties within the City of Centerville.
Both properties are currently connected to the Centerville sanitary sewer system. The City's
2030 Comprehensive Plan plans for this area to be served by the City of Centerville.
RECOMMENDATION
Staff recommends approval of Resolution No. 13 -48
ATTACHMENTS
1. Resolution No. 13 -38
2. Joint Powers Agreement
3. General Location Map
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JOINT POWERS AGREEMENT
BETWEEN
THE CITY OF LINO LAKES
AND
THE CITY OF CENTERVILLE
THIS AGREEMENT, is made to be effective , 2013, between the
CITY OF LINO LAKES, a municipal corporation under the laws of the State of
Minnesota (LINO LAKES), and the CITY OF CENTERVILLE, a municipal corporation
under the laws of the State of Minnesota (CENTERVILLE).
RECITALS:
A. Two Lino Lakes residential properties (7185 and 7193 Mound Trail) are located
at the end of Mound Trail.
B. Lino Lakes does not have sanitary sewer or water available to serve the two Lino
Lakes residential properties nor is if feasible for LINO LAKES to extend sanitary
sewer or water to serve them.
• C. It is feasible for CENTERVILLE to serve the two Lino Lakes residential properties
with water service and /or sanitary sewer service, and LINO LAKES desires to
have CENTERVILLE do so.
D. Both properties have previously connected to CENTERVILLE sanitary sewer
service.
E. The resident at 7185 Mound Trail has requested that CENTERVILLE provide
them with the option of securing water service in the near future and is prepared
to pay the Centerville lateral connection fee to reserve service when it is needed.
F. LINO LAKES desires to cooperate with CENTERVILLE on the extension of
CENTERVILLE sewer and water lines to serve property located in LINO LAKES.
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.
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AGREEMENT:
Now, therefore, in consideration of the foregoing recitals and mutual
undertakings, set forth herein, LINO LAKES and CENTERVILLE, agree as follows:
SECTION 1 — WATER AND SANITARY SEWER SERVICES
A. SANITARY SEWER CONNECTION. Lino Lakes residents at 7185 and 7193
Mound Trail may connect to Centerville sanitary sewer.
B. WATER CONNECTION Lino Lakes residents at 7185 and 7193 Mound Trail may
connect to Centerville water mains.
C. HOLD HARMLESS. Subject to exceptions and limitations provided by law,
including but not limited to those contained in Minnesota Statutes, Chapter 466,
CENTERVILLE shall hold harmless and defend the City of LINO LAKES 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 Lino Lakes residents of Mound Trail.
D. EASEMENT. Easements needed (if any) to construct and maintain the sewer or
water services shall be acquired by CENTERVILLE.
E. OWNERS OF SEWER SERVICE AND WATER SERVICE. The sanitary sewer
and /or water mains shall be constructed and owned by CENTERVILLE. All
maintenance of the mains shall be the responsibility of CENTERVILLE. Locating
of the sanitary and /or water mains and /or service lines shall be the responsibility
of CENTERVILLE.
F. HOOK -UP FEE. Lino Lakes residents will pay with their 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 Lino Lakes residents at their expense to measure the water used
and the sanitary sewer discharged in gallons, into CENTERVILLE sewers, which
shall be the means of allocating a user charge to the Lino Lakes residents. 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.
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H. PREVIOUS CONNECTION. The parties acknowledge that the two residential
properties have previously connected 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 those connections, 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 two residential properties 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 two residential properties. In case of termination,
not less than one year in advance of such termination, notice shall be give to the
following:
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
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 City of LINO LAKES, and the City of
CENTERVILLE have caused this Agreement to be executed on their behalf by their
proper Council and Officers.
(signatures on following pages)
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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
2013 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.
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Notary Public
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CITY OF LINO LAKES
By:
Jeff Reinert, Mayor
By:
Julie Bartell, City Clerk
Dated: , 2013.
STATE OF MINNESOTA )
)
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2013, 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.
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Notary Public
Rice Creek Chain of Lakes
Regional Park
i
P. • 1%14
I les'
Main St
City of Centerville
City of Lino Lakes
CITY
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0 F
KES
r1 Lino Lakes Mound Trail Properties
General Location Map
0 0.035 0.07
0.14
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0.28
Miles