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HomeMy WebLinkAbout2013-091 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 13 -91 APPROVING JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE 21ST AVENUE IMPROVEMENTS WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the City of Lino Lakes and the City of Centerville agree that it is in the best interest of the traveling public to construct the extension of 21St Avenue north of Main Street (CSAH 14); and WHEREAS, said parties mutually agree that the City of Lino Lakes shall cause the construction of 21St Avenue extension; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes • 1. that the City Council hereby approves the Joint Powers Agreement with the City of Centerville for the construction of 21St Avenue and authorizes execution of said agreement attached hereto as Exhibit A. Adopted by the Council of the City of Lino Lakes this 26th day of August, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member R c)P s P r and was duly seconded by Council Member S t- oe s z and upon vote being taken thereon, the following voted in favor thereof: Roeser, Stoesz, Rafferty, O'Donnell, Reinert The following voted against same: none ATTEST: anne Bartell, C Clerk Jeff Reinert, . nor • CITY COUNCIL AGENDA ITEM 6Cii STAFF ORIGINATOR: Michael Grochala MEETING DATE: August 26, 2013 TOPIC: Consider Resolution No. 13 -91, Approving Joint Powers Agreement with the City of Centerville, 21st Avenue Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Joint Powers Agreement with the City of Centerville for the construction of 21st Avenue North. BACKGROUND In June of 2013 the City approved the preliminary plat of ALino Addition. The approval requires the construction of 21st Avenue from Main Street (CSAH 14) to a point approximately 1320 feet to the north. The project will include street, storm sewer, water main, sanitary sewer, and pedestrian facilities. The City has received a petition and waiver agreement from the property owner of ALino Addition to construct the improvements. The proposed improvement is centered on the corporate limits of Lino Lakes and Centerville. Accordingly and agreement between both cities is required to proceed with the project. Under the terms of the agreement Lino Lakes will design, construct and provide inspection services for the project. Centerville will be responsible for providing Lino Lakes with the necessary right -of -way and easements from Centerville properties. Centerville will be responsible for a share of project costs estimated at $434,000 of the $1.2 million project. During project discussion it was determined that it would be more efficient for Lino Lakes to sanitary sewer service Centerville properties abutting the improvements. The agreement provides for permitting, metering and billing of those services. Additionally, the agreement provides for ongoing maintenance of the improvements until such time as a separate comprehensive maintenance agreement is developed between the cities. The agreement is contingent upon receipt of petition and waiver agreements from all benefiting property owners covering 100% of the project cost. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -91. ATTACHMENTS 1. Resolution No. 13 -91 • EXHIBIT A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING 21st AVENUE STREET AND UTILITY IMPROVEMENTS AND MAINTENANCE THIS AGREEMENT is made and entered into on the latest date set forth below by and between the City of Centerville and the City of Lino Lakes; both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS: WHEREAS, the City of Centerville (hereinafter described as "Centerville ") and the City of Lino Lakes (hereinafter described as "Lino Lakes ") have received property owner requests to improve 21st Avenue by constructing street, curb and gutter, storm sewer, sanitary sewer, and water mains between Main Street and a point approximately 1400 feet north of Main Street (the "Project "); and WHEREAS, Lino Lakes and Centerville recognize and acknowledge that the Project will benefit both Lino Lakes and Centerville; and WHEREAS, it is feasible for Lino Lakes to serve Centerville parcels with sanitary sewer service, and Centerville desires to have Lino Lakes do so; and WHEREAS, a portion of the Project is to be constructed within the corporate limits of Lino Lakes and a portion is to be constructed within the corporate limits of Centerville (see Exhibit A); and WHEREAS, subject to the terms hereof, Lino Lakes is assuming responsibility for the design and construction of the Project to be built both within the corporate limits of Lino Lakes and Centerville; and WHEREAS, the Lino Lakes prepared an estimate of the cost of the Project; and WHEREAS, Lino Lakes and Centerville will both assess the benefited properties within their jurisdictions for all, or a portion of, the relevant costs of the Project, all as is more fully set forth below. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, Lino Lakes and Centerville agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the terms of the agreement Lino Lakes and Centerville have reached regarding the design, construction, maintenance and financing of the Project both within the corporate limits of Lino Lakes and Centerville, in accordance with Minnesota Statutes, Section 471.59. • SECTION 2. DESIGN AND CONSTRUCTION. A. Lino Lakes is responsible for the design and construction of both the portion of the Project located within Centerville and the portion of the Project located within Lino Lakes. Therefore, the parties agree that: 1) Lino Lakes shall design the Project, administer the construction and conduct inspections of the construction process. Centerville shall have the right to inspect, review and comment upon construction of the Project. Centerville shall have the right to review and approve the final plans and specifications prior to advertisement for bids. 2) For purposes of performing its obligations under this Agreement, Centerville hereby grants to Lino Lakes the right to use the streets, public ways, and easements of Centerville for purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this agreement. 3) Lino Lakes agrees to notify and coordinate with businesses in Centerville that are located along 21st Avenue as early as practical regarding the construction schedule for the Project. 4) Centerville and Lino Lakes will each acquire the necessary right -of -way to permit the construction of the street extension as well as water mains, sanitary sewer, storm sewer and storm water ponds. B. Centerville shall contribute its share of the project as estimated on the attached Exhibit _B, and may collect its share as a special assessment against benefited property owners of Centerville. The remaining portion of the project shall be paid by Lino Lakes who may specially assess all or a portion of its share from benefiting property owners of Lino Lakes. Each municipality shall be responsible for the sale of bonds, if any, and levy of special assessments against properties within their city's boundaries. C. Each city has the right to terminate this Agreement prior to award of a construction contract. The terminating party is responsible for all design costs incurred up to the date of termination. D. Lino Lakes shall receive from Centerville ninety percent (90 %) of its estimated share of the project cost within 60 days of award of a construction contract. Prior to billing this estimate will be updated by Lino Lakes to reflect actual bid prices as awarded. An updated cost estimate shall be provided to Centerville at the time of billing. • Upon final completion of the project, Centerville's share of the cost will be based upon actual costs incurred. If necessary, adjustments to the initial ninety (90 %) charged will be made in the form of credit or additional charges to Centerville's remaining ten percent (10 %) share of the project costs. Final payment shall be due within 30 days of billing by Lino Lakes.. E. Before this Agreement shall become binding and effective it shall be approved by appropriate resolutions of the City Councils of Centerville and Lino Lakes, which resolutions shall be attached hereto as Exhibits C and D, respectively. F. The parties agree that Project design will not commence until Petition and Waiver Agreements have been approved and executed by the respective cities and the benefitting property owners covering 100% of the cost of such improvements and providing for the dedication of right -of -way and easements necessary to construct such improvements. G. The parties agree that one full access intersection will be constructed within the Project area the centerline of which will be approximately 562 feet north of County State Aid Highway 14 / Main Street. SECTION 3. SANITARY SEWER SERVICE. A. Sanitary Sewer Connection. The Centerville properties abutting 21st Avenue may • connect to Lino Lakes sanitary sewer. Said connection will require a permit from Lino Lakes. B. Connection Fees. In addition to any special assessments levied by Centerville for the construction of sanitary sewer improvements, Centerville properties will pay with their permit application any sanitary sewer connection fee per unit as shall be in effect for Lino Lakes 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 Lino Lakes, and such fees shall be based upon the same rate charged for similar services furnished by Lino Lakes for property lying within Lino Lakes. C. Meters and Billing. Appropriate meters with an outside remote reader shall be installed by Centerville properties at their expense to measure the water used and the sanitary sewer discharged in gallons, into Lino Lakes sewers, which shall be the means of allocating a user charge to the Centerville properties. The per unit and rate per gallon shall be equivalent to 95% the rate charged for similar properties located in Lino Lakes and shall include treatment costs assessed by MCES. Such meters and outside remote readers may also be inspected by Lino Lakes. Such sanitary sewer rates may be adjusted annually by Lino Lakes. Notification of a rate change shall be provided 30 days in advance of the quarter to which the new rate applies. Centerville may bill the affected properties for • sewer use at its own rates, but shall collect not less than the rates stated above and 40 remit the Lino Lakes' share of the collected sewer charges quarterly. • • SECTION 4. OWNERSHIP A. The sanitary sewer mains shall be owned by Lino Lakes. Each City shall own or be responsible for lateral sanitary sewer lines within their respective corporate borders. A. B. The storm sewer lines within Lino Lakes shall be owned by Lino Lakes , and Lino Lakes shall hold easements for all lines and related storm water ponds within Centerville that are related to, and part of, the Project C. Each city shall own and operate its own water main. SECTION 5. STREET MAINTENANCE A. Lino Lakes shall maintain 21st Avenue in its entirety, the costs of which shall be split equally between Lino Lakes and Centerville, until such time as a separate maintenance agreement between Lino Lakes and Centerville is approved. B. Lino Lakes shall maintain the storm sewer system, including all ponds, by performing periodic inspections of the conveyance system/pond and by taking any necessary corrective action. IN WITNESS WHEREOF, Centerville and Lino Lakes have caused this Agreement to be executed by the proper officers. CITY OF CENTERVILLE CITY OF LINO LAKES Mayor Mayor Attest: Attest: City Clerk City Clerk Date Date