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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 • • 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 3/5 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 • 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. • • 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. 2 • • • 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) 3 • • • 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. 4 Notary Public • • • 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. 5 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 0 L 0 F KES r1 Lino Lakes Mound Trail Properties General Location Map 0 0.035 0.07 0.14 0.21 0.28 Miles