HomeMy WebLinkAbout2004-067 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 04 -67
RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF
NORTH OAKS AND TOWN OF WHITE BEAR
WHEREAS, Minnesota Statutes, Section 471.59, authorizes political
subdivisions to enter into Joint Powers Agreements, and
WHEREAS, the North Oaks Company, LLC, a Minnesota limited liability
company (the "Developer ") has proposed to the City of North Oaks a new
development in an area known as Rapp Farm and has requested that the Town
of White Bear (the "Town ") provide water and sanitary sewer service to Rapp
Farm; and
WHEREAS, the proposed water and sewer lines for the Rapp Farm
development cannot be constructed entirely within North Oaks and are
proposed to also be constructed through property located in Lino Lakes owned
by the Developer; and
WHEREAS, the City of Lino Lakes does not currently contemplate serving
Rapp Farm with its municipal and sanitary sewer system; and
WHEREAS, the City of Lino Lakes finds that it is the best interests of the
community to cooperate with North Oaks and the Town on the extension of
Town sewer and water lines through property located in Lino Lakes, owned by
the Developer, in order to serve the Rapp Farm development in North Oaks.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Hereby approves the Joint Powers Agreement with the City of North
Oaks and the Town of White Bear and authorizes the Mayor and City
Clerk to sign the Agreement.
Adopted by the Lino Lakes City Council this 24th da of May, 2004.
ATTEST:
ergeson, Mayor
Ann Blair, C.
RAPP FARM
MASTER
JOINT POWERS AGREEMENT
_BETWEEN THE TOWN OF WHITE BEAR,
THE CITY OF LINO LAKES, AND
THE CITY OF NORTH OAKS
THIS AGREEMENT, is made to be effective the day and year set forth
below between the TOWN OF WHITE BEAR, a statutory Township under the
laws of the State of Minnesota (TOWN), THE CITY OF LINO LAKES, a
municipal corporation under the laws of the State of Minnesota (LINO LAKES),
and the CITY OF NORTH OAKS, a municipal corporation under the laws of the
State of Minnesota (NORTH OAKS).
RECITALS:
A. NORTH OAKS has in the past and will in the future, be petitioned by
owners and developers of property within NORTH OAKS for connection
of said property to TOWN water service and /or TOWN sewer service.
B. NORTH OAKS has no plans to construct and maintain a water system or
sanitary sewer system, but will permit property owners and developers to
construct the same, provided the TOWN will maintain and /or allow the
same to be connected to the water system and /or sanitary sewer system
owned by the TOWN.
C. It is feasible for the TOWN to serve property within NORTH OAKS with
TOWN water service and /or sanitary sewer service, and NORTH OAKS
desires to have the TOWN do so.
North Oaks Company, LLC, a Minnesota limited liability company (the
"Developer"), has proposed to NORTH OAKS a new development in an
area known as Rapp Farm and has requested that the TOWN provide
water service and sanitary sewer service to Rapp Farm.
E. The proposed water and sewer lines for the Rapp Farm development
cannot be constructed entirely within NORTH OAKS and are proposed
to also be constructed through property located in LINO LAKES owned
by the Developer.
LINO LAKES does not currently contemplate serving Rapp Farm with its
municipal water and sanitary sewer system;
G. LINO LAKES desires to cooperate with NORTH OAKS and the TOWN
on the extension of TOWN sewer and water lines through property
located in LINO LAKES, owned by the Developer, in order to serve the
Rapp Farm development in NORTH OAKS.
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, the TOWN, LINO LAKES and NORTH OAKS,
agree as follows:
SECTION 1 — WATER SERVICES
NORTH OAKS TO HAVE CONSTRUCTED. NORTH OAKS agrees to
have property owners and developers construct and install, with no cost
to the TOWN, LINO LAKES, or NORTH OAKS, adequate and suitable
watermains and appurtenances for property within NORTH OAKS and
LINO LAKES in accordance with specifications and standards that are
established by the TOWN, NORTH OAKS and LINO LAKES. NORTH
OAKS agrees to have such property owners and developers provide the
TOWN, LINO LAKES, and NORTH OAKS with as -built plans of all utility
lines in such systems in a format acceptable to them. All watermains,
appurtenances, services and connections shall be of the same kind of
materials and constructed in the same manner and under the same
standards, rules and regulations as are now in effect or as may hereafter
be prescribed by the TOWN and LINO LAKES for similar installations in
the TOWN and LINO LAKES or under standards otherwise acceptable
to the TOWN and LINO LAKES.
RESPONSIBILITIES OF DEVELOPER. The Developer shall arrange to
conduct a site inspection of the property and prepare all of the necessary
plans and specifications for the construction of the water system to
service the property. The Developer shall hire the Contractor, with the
approval of the TOWN, LINO LAKES, and NORTH OAKS to install the
improvements.
C. CONSTRUCTION OF THE WATER SERVICES. The Developer shall
prepare all necessary documents to bid out the project. Such documents
shall be reviewed and approved by the TOWN, NORTH OAKS, and
LINO LAKES, prior to the project being bid out. The Developer shall hire
contractors to install the water system to the property. The contractors
shall be of the choosing of the Developer. Neither NORTH OAKS nor
LINO LAKES shall be responsible for any actions of the Developer nor
the Developer's contractors regarding the installation or construction of
the water system. All work to be done in construction and installing the
water system within LINO LAKES shall be done subject to the approval
of the LINO LAKES City Engineer in accordance with City standards and
requirements. All work to be done in constructing and installing the
water system within NORTH OAKS shall be done subject to the approval
of the NORTH OAKS City Engineer. The water lines and appurtenances
shall be constructed in accordance with the direction of the TOWN,
NORTH OAKS, and LINO LAKES.
D. HOLD HARMLESS. The Developer shall hold harmless and defend the
TOWN, NORTH OAKS and 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 water system.
EASEMENT. Easements needed to construct and maintain the water
system shall be provided by the Developer. Such easements shall be
reviewed, approved and accepted by the TOWN, LINO LAKES, and
NORTH OAKS prior to the project being bid out. The Developer shall
obtain any and all easements at no cost to the TOWN, NORTH OAKS,
or LINO LAKES.
LINO LAKES ESCROW. Developer shall, contemporaneously with the
execution of this Agreement, deposit with LINO LAKES an escrow of
Five Thousand , Dollars ($5,000.00) to cover the cost of legal fees,
construction documents and observation for the water main in LINO
LAKES, engineering fees, administrative expenses, and other costs
related to this Joint Powers Agreement and development.
All fees and costs incurred by LINO LAKES in connection with the
development shall be charged against said escrow account which shall
remain in effect until the completion of the construction and connection
of the water systems. Any funds remaining in the escrow account after
the completion shall be refunded to the Developer.
OWNERS OF WATER SYSTEM. The system shall initially be owned by
the Developer, but, NORTH OAKS within NORTH OAKS shall have the
right to acquire said system for a nominal consideration as will be more
fully described in development agreements between NORTH OAKS and
such owners and developers. The systems within LINO LAKES shall be
owned by the Developer. If LINO LAKES desires to own the system at
some time in the future, a separate agreement shall be made at that
time regarding the transfer of ownership and ongoing management of
the system.
H. HOOK -UP FEE. NORTH OAKS will collect from such property owners
and developers a hook -up fee per unit as shall be set forth in an
addendum to this Agreement in the form attached as ADDENDUM — 2,
at the time the water system is connected to each unit to be served. The
foregoing fees will be turned over to the TOWN. The hook -up fees may
be adjusted annually by Town Board resolution, and such fees shall be
based upon the same rate charged for similar services furnished by the
TOWN for property lying within the TOWN.
INSPECTION /PERMIT FEE. NORTH OAKS will collect from Developer,
a permit fee per unit as shall be set forth in an addendum to this
Agreement in the form attached as ADDENDUM — 2, half of which shall
be remitted to the TOWN for connection of the water line to each unit
from the street. It is agreed that all service connections from the mains
shall be installed by a licensed and bonded contractor under rules
identical to those in effect in the TOWN or as may hereafter be modified
by the TOWN. Such connections shall also be inspected by or under the
supervision of the TOWN prior to backfilling. Such permit fees may be
adjusted annually by Town Board resolution, and such fees shall be the
same fees charged for similar services furnished by the TOWN for
property lying within the TOWN.
WATER METERS. Water meters with an outside remote reader shall be
purchased from the TOWN at a cost provided for in an addendum to this
Agreement in the form attached as ADDENDUM — 2. Such meter and
outside remote reader shall also be inspected by, or under the
supervision of the TOWN. Such meters and permit fees may be
adjusted annually by TOWN Board resolution. Any replacement or
upgrading of meters shall be at the expense of the property owners and
developers for remittance to the TOWN.
EXTENSION OF SYSTEM. The amount of units requested by NORTH
OAKS to be connected to the TOWN water system shall be set forth in
an addendum to this Agreement in the form attached as ADDENDUM —
1, specific to each project. All further needs of NORTH OAKS must be
reviewed and approved by the Town Board after review of the TOWN'S
water system capabilities.
L. WATER TURN -ONS. Water turn -ons must be made by the TOWN'S
Public Works Department. NORTH OAKS or its agent shall advise or
cause the TOWN to be advised twenty -four (24) hours in advance of
water turn -ons to insure that the TOWN'S Public Works Department will
be available to comply.
M. WATER QUANTITY AND QUALITY. The TOWN will supply to NORTH
OAKS the same water quantity and quality that the TOWN provides to its
own residents in the same service area.
N. FUTURE TOWNSHIP IMPROVEMENTS. NORTH OAKS agrees that in
the event there are future improvements or modifications by the TOWN
to the TOWN water system benefiting property within NORTH OAKS,
then the costs thereof shall be added on as part of the water system
charged to the customers of said services in an amount sufficient to pay
off their share of the future improvements at rates consistent with
benefited TOWN properties.
FUTURE OPERATING CHARACTERISTICS. The TOWN may desire to
change the operating characteristics of its water system from time to
time and may request different or additional connections to the system.
In that event, NORTH OAKS agrees that property owners and
developers benefited by the system shall pay all costs associated with
providing the required additional facilities to NORTH OAKS. NORTH
OAKS shall collect from the property owners and developers all costs
associated with providing the required additional facilities to NORTH
OAKS and transfer said monies within sixty (60) days to the TOWN.
Additional connections to the TOWN system shall be subject to TOWN
approval.
PIPING, FIXTURE, ETC. NORTH OAKS shall require that all interior
piping, fixtures, accessories or on- premises piping in any manner
connected to the water system, be of the same materials, installed in the
same manner, and meet the same standards as required for same or
similar work in the TOWN.
RIGHT TO INSPECT. The TOWN, 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 water
system connecting to the TOWN for the purposes of determining
whether or not they comply with the foregoing provisions, and shall have
the right to examine and inspect the materials and work and method of
installation of each unit's plumbing connection with said water system for
the same purpose.
R. PROTECTION SERVICE AND HYDRANT USE. Hydrant use for
purposes other than fire fighting by NORTH OAKS shall be subject to the
same rules and regulations applied by the TOWN.
INTERRUPTIONS TO WATER SUPPLY. The TOWN shall not be liable
for any lack of water supply to its customers, in the event of repair of
water mains or connections of new water mains or in the event of fire
prevention, or any other cause, and such water .supply may be
interrupted for as long as is necessary to complete the necessary work.
SECTION 2 SANITARY SEWER SERVICE
A. CITY TO HAVE CONSTRUCTED. NORTH OAKS agrees to have the
Developer of Rapp Farm construct and install, at its own expense, with
no cost to the TOWN, LINO LAKES, or NORTH OAKS, adequate and
suitable sanitary sewer lines and appurtenances, in accordance with
specifications and standards that are established by the TOWN, LINO
LAKES, and NORTH OAKS. NORTH OAKS agrees to have the
Developer provide the TOWN, LINO LAKES, and NORTH OAKS with
as -built plans of all such sanitary sewer systems in a format acceptable
to them. All sanitary sewers, appurtenances, services and connections
shall be of the same kind of materials and constructed in the same
manner and under the same standards, rules and regulations as are now
in effect or as may hereafter be prescribed by the TOWN and LINO
LAKES for similar installations in the TOWN and LINO LAKES or under
standards otherwise acceptable to the TOWN and LINO LAKES.
B. RESPONSIBILITIES OF DEVELOPER. The Developer shall arrange to
conduct a site inspection of the property and prepare all of the necessary
plans and specifications for the construction of the sanitary sewer
system to service the property. The Developer shall hire the contractors,
with the approval of the TOWN, LINO LAKES and NORTH OAKS to
install the improvements.
C. CONSTRUCTION OF THE SANITARY SEWER SYSTEM. The
Developer shall prepare all necessary documents to bid out the project.
Such documents shall be reviewed and approved by the TOWN,
NORTH OAKS, and LINO LAKES prior to the project being bid out. The
Developer shall hire contractors to install the sanitary sewer system to
the property. The contractors shall be of the choosing of the Developer.
Neither NORTH OAKS nor LINO LAKES shall be responsible for any
actions of the Developer nor the Developer's contractors regarding the
installation or construction of the sanitary sewer system. All work to be
done in construction and installing the sanitary sewer system within
LINO LAKES shall be done subject to the approval of the LINO LAKES
City Engineer in accordance with City standards and requirements. All
work to be done in constructing and installing the sanitary sewer system
within NORTH OAKS shall be done subject to the approval of the
NORTH OAKS City Engineer. The sanitary sewer lines and
appurtenances shall be constructed in accordance with the direction of
the TOWN, NORTH OAKS, and LINO LAKES. •
HOLD HARMLESS. The Developer shall hold harmless and defend the
TOWN, NORTH OAKS and 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 system.
E. EASEMENT. Easements needed to construct and maintain the sanitary
sewer system shall be provided by the Developer. Such easements
shall be reviewed, approved and accepted by the TOWN, NORTH
OAKS, and LINO LAKES prior to the project being bid out. The
Developer shall obtain any and all easements at no cost to the TOWN,
NORTH OAKS or LINO LAKES.
LINO LAKES ESCROW. Developer shall, contemporaneously with the
execution of this Agreement, deposit with LINO LAKES an escrow of
Five Thousand Dollars ($5,000.00) to cover the cost of legal fees,
construction documents and observation for the sanitary sewer main in
LINO LAKES, engineering fees, administrative expenses, and other
costs related to this Joint Powers Agreement and development.
All fees and costs incurred by LINO LAKES in connection with the
development shall be charged against said escrow account which shall
remain in effect until the completion of the sanitary sewer main. Any
funds remaining in the escrow account after the completion shall be
refunded to the Developer.
OWNERS OF SANITARY SEWER SYSTEM. That portion of the
sanitary sewer systems within NORTH OAKS shall initially be owned by
the Developer, but NORTH OAKS shall have the right to acquire said
systems for a nominal consideration as will be more fully described in
development agreements between NORTH OAKS and the Developer.
That portion of the sanitary sewer systems within LINO LAKES shall be
owned by the Developer. If LINO LAKES desires to own the system at
some time in the future, a separate agreement shall be made at that
time regarding the transfer of ownership and ongoing management of
the system.
H. HOOK -UP FEE. NORTH OAKS will collect from such property owners
and developers a hook -up fee per unit as shall be set forth in an
addendum to this Agreement in the form attached as ADDENDUM — 2,
at the time the sanitary sewer system is connected to each unit to be
served. The foregoing fees will be turned over to the TOWN. The hook-
up fees may be adjusted annually by Town Board resolution, and such
fees shall be based upon the same rate charged for similar services
furnished by the TOWN for property lying within the TOWN.
EXTENSION OF SYSTEM. The amount of units requested by NORTH
OAKS to be connected to the TOWN sanitary sewer system shall be set
forth in an addendum on the form attached as ADDENDUM— 1, specific
to this project. All further needs of NORTH OAKS must be reviewed and
approved by the Town Board after review of the TOWN'S sanitary sewer
system capabilities.
FUTURE TOWNSHIP IMPROVEMENTS. NORTH OAKS agrees that in
the event there are future improvements or modifications by the TOWN
to the TOWN sanitary sewer system benefiting the property, than the
costs thereof shall be added on as part of the sewer system charged to
the customers of said services in an amount sufficient to pay off their
share of the future improvements at rates consistent with benefited
TOWN properties.
K. PIPING, FIXTURE, ETC. NORTH OAKS shall require that all interior
piping, fixtures, accessories ' or on- premises piping in any manner
connected to the sanitary sewer system, be of the same materials,
installed in the same manner, and meet the same standards as required
for same or similar work in the TOWN.
L. RIGHT TO INSPECT. The TOWN, 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 sanitary
sewer system connecting to the TOWN for the purposes of determining
whether or not they comply with the foregoing provisions, and shall have
the right to examine and inspect the materials and work and method of
installation of each unit's plumbing connection with said sanitary sewer
system for the same purpose.
M. MANHOLES AND LIFT STATIONS. Manhole and lift station use by
LINO LAKES and NORTH OAKS shall be subject to the same rules and
regulations applied by the TOWN.
N. INTERRUPTIONS TO SANITARY SEWER SERVICE. The TOWN shall
not be liable for interruption of sanitary sewer service to its customers, in
the event of repair of the sanitary sewer service or connection of new
sanitary sewer service, or in the event of any other cause, such sanitary
sewer service may be interrupted for as long as necessary to complete
the necessary work.
SECTION 3 - BILLING
A. WATER & SANITARY SEWER SERVICE BILLING.
1. BILLING SERVICE. The water and sanitary sewer charges for
services in connection with this Agreement, will be billed by the TOWN
directly to the customers of said services.
2. PROPERTY IDENTIFICATION NUMBERS. NORTH OAKS shall
provide to the TOWN, at the time the water service is turned on, and the
sanitary sewer system is connected to Town sanitary sewer, the Property
Identification Number (PIN), as provided by the Ramsey County
Department of Property Records and Revenue, and the new owners
name and the address, for all units, to allow the TOWN to enter the units
into its utility billing system.
3. SURCHARGE. The TOWN will add a sufficient surcharge to the
utility rate(s) for purposes of building a separate fund to finance repairs
to the Sewer and /or Water System. This surcharge shall be transferred
to NORTH OAKS annually and used for costs associated with special
maintenance and repairs.
4. DELINQUENCIES. All sewer and water system bills which are
delinquent on September 1st of each year, and have been properly
billed, shall be certified by the Town Clerk to NORTH OAKS, together
with the prevailing administrative fee charged by the TOWN for
processing the delinquency and NORTH OAKS hereby appoints the
TOWN as its agent to certify to the Auditor of Ramsey County in
accordance with State Law, and the TOWN, as NORTH OAKS' agent, in
so certifying such charges to the County Auditor, shall specify the
amount thereof, the description of the premises serviced, and the name
of the owner thereof. The amount so certified shall be extended by the
Auditor on the tax rolls against such premises in the same manner as
other taxes. Upon receipt of payment from Ramsey County, NORTH
OAKS will pay over to the TOWN, the delinquent charges and
administrative fees so collected.
WATER AND SANITARY SEWER SYSTEM MAINTENANCE BILLING.
1. BILLING SERVICE. The TOWN shall forward all billing
statements for costs and charges relating to maintenance and repair of
the water and sanitary sewer systems as provided in SECTIONS 5 & 6
of this Agreement directly to the property owners and developers, at
such address as will be provided by them.
2. BILL PAYMENT. If the property owners and developers do not
pay any bill to the TOWN within ninety (90) days after receipt, the TOWN
may bill NORTH OAKS for the amount billed. NORTH OAKS agrees to
pay the TOWN in full for the amount due, within forty -five (45) days of
receipt of the bill. However, such payment by NORTH OAKS shall not
relieve the property owners and developers of the obligation to
reimburse NORTH OAKS for payment of any such bill.
SECTION 4 — RIGHTS OF WAY
RIGHT -OF -WAY CHANGES. Any and all expenses and costs accruing
to the sanitary sewer and water system in NORTH OAKS and LINO
LAKES in connection with the maintenance, reconstruction, overlaying or
paving of streets, alleys, trails, rights -of -way or easements due to the
change of grade on such streets, alleys, trails, rights -of -way, easements
or any other changes resulting from action of NORTH OAKS, LINO
LAKES, Counties of Ramsey or Anoka or State of Minnesota, as such
changes affect mains, services and appurtenances within NORTH OAKS
or LINO LAKES and affecting this system, shall be the responsibility of
NORTH OAKS or LINO LAKES, depending upon in which City the
affected portion of the system is located, who may pass the costs and
expenses thereof onto the property owners and developers.
B. ACCESS. NORTH OAKS and LINO LAKES agree that the TOWN,
NORTH OAKS's contracting fire department, and such other persons or
entities as designated by the TOWN, shall have complete access to all
roads, streets, trails, easements, rights -of -way, fire hydrants, manholes,
lift stations, wells, and other sewer and water utility equipment as may be
necessary for the use, maintenance, repair or replacement of the sewer
and water system. For the purpose of providing such complete access,
NORTH OAKS shall cause the relevant property owners and developers
to consent to this Agreement using a Consent in the form attached as
Exhibit A. The TOWN agrees to restore or repair any damaged roads or
shoulders.
C. EASEMENT ACQUISITION. The property owners and developers shall
provide the TOWN, LINO LAKES and NORTH OAKS all easements for
access to the sanitary sewer and water systems within the CITY for
purposes of repairs, maintenance or replacement or other work deemed
necessary by NORTH OAKS, LINO LAKES, or the TOWN.
SECTION 5 — WATER SYSTEM MAINTENANCE
A. MAINTENANCE. NORTH OAKS, LINO LAKES and the Developer
request that the TOWN provide all necessary maintenance and repair to
the water system for the development area referenced .in an addendum
to this Agreement in the form attached as ADDENDUM — 1, and the
TOWN has agreed to do so.
EMERGENCY ON -CALL SERVICE. The TOWN shall provide twenty-
four (24) hour, seven (7) day a week emergency service to service and
maintain the water system. Such service shall include the water mains
and related appurtenances only and shall not include that part of the
system lying between the watermain and the dwelling, which serves as
the dwelling's private service connection.
PROTECTION OF WATER LINES. NORTH OAKS and LINO LAKES
agree that they will each assist the TOWN in the protection of the water
system and will cooperate with the TOWN in protecting barricades,
stored materials, traffic routings, etc., as may be necessary for the
maintenance or repair work performed by the TOWN to the water
system.
FIRE HYDRANTS. The TOWN shall flush each area of the
development's fire hydrants twice each year for the charge as stated in
the attached Rate Schedule which Rate Schedule may be changed
annually by resolution of the TOWN.
CHARGES FOR MAINTENANCE. The charges for maintenance and
repairs performed pursuant to this Agreement shall be at the rates
established in the attached Addendum 2 which may be changed
annually by resolution of the TOWN. All services requiring outside
contractors shall be as invoiced by the contractor upon invoice
verification and approval by the TOWN.
OTHER AGREEMENTS. Nothing herein shall prevent NORTH OAKS
from entering into contractual agreements with the individual users or
any other association comprised at least in part of individual users,
provided that such contractual arrangements do not interfere with or alter
NORTH OAK'S undertaking herein with respect to the TOWN.
SECTION 6 — SANITARY SEWER SYSTEM MAINTENANCE
A. MAINTENANCE. NORTH OAKS, LINO LAKES, and the Developer
request that the TOWN provide all necessary maintenance and repair to
the sanitary sewer system for the development area referenced in an
addendum to this Agreement in the form attached as ADDENDUM - 1,
and the TOWN has agreed to do so.
EMERGENCY ON -CALL SERVICE. The TOWN shall provide twenty-
four (24) hour, seven (7) day week emergency service to service and
maintain the sanitary sewer system. Such service shall include the
sanitary sewer mains and related appurtenances only and shall not
include that part of the system lying between the sanitary sewer main
and the dwelling, which serves as a private service connection for the
dwelling.
C. PROTECTION OF SEWER LINES. NORTH OAKS and LINO LAKES
also agree that they will each assist the TOWN in the protection of the
sanitary sewer system and will cooperate with the TOWN in protecting
barricades, stored materials, traffic routings, etc., as may be necessary
for the maintenance or repair work performed by the TOWN to the
sanitary sewer system.
LIFT STATION MAINTENANCE. The TOWN shall provide maintenance
to each lift station. Lift stations shall be checked at least once per week
during normal work hours and routine repair parts shall be purchased by
the TOWN, and NORTH OAKS agrees that the TOWN shall be
reimbursed for the costs thereof for the lift stations.
FLUSHING OF SANITARY SEWER SYSTEMS. The TOWN shall clean
and flush the gravity portion of the sanitary sewer system once each
year for the charges as stated in the attached Rate Schedule which may
be adjusted annually by resolution of the TOWN. NORTH OAKS agrees
that the property owners and developers shall provide the TOWN, at no
charge to the TOWN, all water to be used for accomplishment of
services provided for in this Agreement.
CHARGES FOR MAINTENANCE. The charges for maintenance and
repairs performed pursuant to this Agreement shall be at the rates
established in attached Addendum 2 which may be adjusted annually by
resolution of the TOWN. All services requiring outside contractors shall
be as invoiced by the contractor upon invoice verification and approval
by the TOWN.
OTHER AGREEMENTS. Nothing herein shall prevent the CITY from
entering into contractual agreements with the individual users or any
other association comprised at least in part of individual users, provided
said contractual arrangements do not interfere with or alter the CITY'S
undertaking herein with respect to the TOWN.
SECTION 7 - INDEMNIFICATION
A. SOD, LANDSCAPING, DRIVEWAYS, SIDEWALKS AND STREETS.
Neither NORTH OAKS, LINO LAKES, nor the TOWN or their agents and
employees shall be responsible for damages to landscaping or sod due
to maintenance and repairs covered by this Agreement, which damages
shall be the ultimate responsibility of such property owners and
developers.
INDEMNIFICATION. NORTH OAKS covenants and agrees to
indemnify, save harmless, defend the TOWN, and any and all of its
agents, employees and servants, from any and all claims arising from
the activities conducted under this Agreement within NORTH OAKS,
except claims of reckless disregard or willful misconduct. By consenting
to this Agreement, such property owners and developers shall likewise
indemnify and save NORTH OAKS harmless from all claims arising from
the activities conducted under this Agreement by NORTH OAKS or the
TOWN, except for claims of reckless disregard or willful misconduct.
SECTION 8 — TERM
TERM. This Agreement shall remain in force and effect unless
terminated as follows:
Either the TOWN, LINO LAKES, or NORTH OAKS may terminate this
Joint Powers Agreement by giving two (2) years written termination
notice to the other as follows:
To the TOWN: Town Clerk
Town of White Bear
1281 Hammond Road
White Bear Township, MN 55110
To the CITY: City Clerk
City of North Oaks
100 Village Center. Drive, Suite 150
North Oaks, MN 55127
To LINO LAKES: City Clerk
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
SECTION 9 — MISCELLANEOUS PROVISIONS
A. All general and special conditions, plans, special provisions,
specifications and contracts for the water system and sanitary sewer
system shall and hereby are made a part of this Agreement by reference
as if fully set our herein in full.
Any connections or extensions of the sanitary sewer and water main
within LINO LAKES other than those approved herein shall be subject to
and in conformance with LINO LAKES' Comprehensive Plan,
ordinances, and policies. Future connections or extensions of the
proposed facilities shall be subject to amendment of this Agreement
and /or a separate agreement between the TOWN and LINO LAKES.
All applicable fees relating to this project shall be paid by the Developer,
including the cost of recording documents with Ramsey County and /or
Anoka County.
The Developer shall permit access to the land herein for periodic
inspections to assure conformance with the conditions herein.
This agreement shall be deemed to be a restrictive covenant and the
terms and conditions hereof shall run with the land described on Exhibit
A hereto and be binding on and inure to the benefit of the successors
and assigns of the parties hereto. Reference herein to the Developers, if
there be more than one, shall mean each and all of them..
Notwithstanding the foregoing, the terms and conditions of this
Agreement shall survive the termination of this Agreement to the full
extent necessary for their enforcement and for the protection of the
parties hereto, and their successors and assigns.
IN WITNESS WHEREOF, the Town of White Bear, the City of Lino
Lakes, and the City of North Oaks have caused this Agreement to be executed
on their behalf by their proper offices, Board, Council and Officers.
(signatures on following pages)
TOWN OF WHITE BEAR
B
Its Chairman
ATTEST:
By:
Its Town Clerk- Treasurer
Dated: , 2004.
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2004, by ROBERT J. WEISENBURGER, Chairman of the Town
Board of Supervisors and by WILLIAM F. SHORT, Town Clerk- Treasurer, of
the Town of White Bear, Minnesota, a municipal corporation, on behalf of the
corporation.
CITY OF NORTH OAKS
B
Its Mayor
By:
Its City Clerk
Dated: , 2004.
STATE OF MINNESOTA )
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 2004 by , Mayor of the
City of North Oaks, and by , City Clerk of
the City of North Oaks, Minnesota, a municipal corporation, on behalf of the
corporation.
Notary Public
CITY OF LINO LAKES
By:
Its Mayor
Bv.
Its City Clerk
Dated: , 2004.
STATE OF MINNESOTA )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by Mayor of the
City of Lino Lakes, and by , City Clerk of the
City of Lino Lakes, Minnesota, a municipal corporation, on behalf of the
corporation.
Notary Public
EXHIBIT A
CONSENT BY DEVELOPER
The undersigned, property owner and /or developer of the property described in
the foregoing ADDENDUM —1 to the Master Joint Powers Agreement, dated
and additional Addendum —1, which may provide for
construction, hook -up of sanitary sewer and water services, and /or
maintenance between the TOWN OF WHITE BEAR, the CITY OF LINO
LAKES, and the CITY OF NORTH OAKS, with respect to the development
identified therein, state and represent that the undersigned have read,
understood, consent to, and agree to be bound by all of the conditions and
obligations of the Master Joint Powers Agreement as they relate to the
undersigned, including payment of all costs referred to therein, and
acknowledge that the same were entered into for the benefit of the undersigned
and its successors and assigns.
NORTH OAKS COMPANY, LLC
By:
Carolyn M. McCann, President
LOCATION:
SERVICE
PROVIDED:
MAXIMUM # OF
HOOK -UPS
ADDENDUM —1
(Here list name of subdivision)
(Legal description or repeat name of subdivision)
(List service maintenance, water /sewer)
The Sections of that certain Master Joint Powers Agreement dated
, 2004, by and between the TOWN OF WHITE BEAR, CITY
OF LINO LAKES, and the CITY OF NORTH OAKS, that pertain to this
Addendum are as follows:
(Here list sections which apply from Master JPA)
IN WITNESS WHEREOF, the Town of White Bear and the City of North
Oaks have caused this Agreement to be executed on their behalf by their
property officers, Council and Board.
TOWN OF WHITE BEAR
By:
ROBERT J. WEISENBURGER, Chairman
Dated: , 2004.
ATTEST:
By:
WILLIAM F. SHORT, Clerk- Treasurer
CITY OF NORTH OAKS
By:
Mayor
Dated: 2004.
Bv:
Clerk
•
CITY OF LINO LAKES
By:
ADDENDUM — 2
RATE SCHEDULE
For
MASTER JOINT POWERS AGREEMENT
BETWEEN THE TOWN OF WHITE BEAR,
THE CITY OF LINO LAKES,
AND THE CITY OF NORTH OAKS
Dated
************************************ * * * * * * * * * * * * * * * * * * * * * *** * * *** **
HOOK -UP FEES:
Water Extension Charge
Water Tower Charge
Water Availability Charge (WAC)
Local Sewer Availability Charge (Local SAC
WATER METER CHARGES:
Including Remote Read Charge) 1"
LABOR RATES:
Per worker, per hour charge — normal duty
hours (7:00 a.m. to 3:30 p.m.)
Per worker, per hour charge — after
Normal duty hours (overtime rate)
3/4"
1 1/2
EQUIPMENT BILLING RATES:
Pick -Up Truck
Jet Machine
5 -Ton Dump Truck
Loader
Inspection /Permit Fee
LIFT STATION MONITORING
Monthly charge
FLUSHING
per unit
per unit
per unit
per unit
$ 25.00 /per hour
56.00 /per hour
50.00 /per hour
43.00 /per hour
40.00 /per util /per unit
$ 30.00
Semi- annual flushing of hydrants
Cleaning and flushing of sanitary
sewer system
$ 150.00
$1,000.00
PERMIT /INSPECTION FEE
WATER RATE — QUARTERLY
STATE WATER TESTING FEE - Quarterly
WATER SERVICE MAINTENANCE — Quarterly
(Transmitted to the City of North Oaks)
SEWER RATE — Quarterly
$40.00 /per unit
$1.62 per 1000 gallons
($25.75 minimum per unit)
$ 1.31
$ 8.50
$52.25
Adopted by Resolution of the Town of White
TOWN OF WHITE BEAR
By:
ROBERT J. WEISENBURGER, Chairman
ATTEST:
By:
WILLIAM F. SHORT, Clerk- Treasurer
Bear on
roposed sewe
crossing area;
owned by
North Oaks Comp
VICINITY
MAP (ND
SCALE)
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND:
AGENDA ITEM 61
Michael Grochala
May 24, 2004
Consideration of Resolution No. 04 -67
Approving Joint Powers Agreement with City of
North Oaks and Town of White Bear
Simple Majority
As previously discussed with council, City staff has been working with the Town
of White Bear, City of North Oaks and the North Oaks Company to facilitate the
extension of sanitary sewer and water main to service residential development in
North Oaks.
Portions of Lino Lakes are designated to be serviced by sanitary sewer supplied
by the Town of White Bear through properties owned by North Oaks Company
within Lino Lakes. Although development of the Lino Lakes area is not slated to
occur until 2010, North Oaks Company is currently in the approval process with
the City of North Oaks to develop the Rapp Farm which is located south of
County Road J (Ash Street) and west of Wilkinson Lake. This project is being
designed to handle future expansion within the City of Lino Lakes.
North Oaks Company is proposing to establish a utility corridor through their
property in Lino Lakes to provide for future utility connections. This would allow
North Oaks Company to proceed with development projects in North Oak without
adversely impacting future expansion for use by the City of Lino Lakes.
Additionally, the establishment of the corridor in Lino Lakes will allow North Oaks
Company to avoid construction impacts to Wilkinson Lake and the surrounding
wetlands.
Staff is of the opinion that this would be a practical and cost effective process for
both North Oaks Company and the City of Lino Lakes. The proposed Joint
Powers Agreement (JPA) provides for the following:
1.
North Oaks Company is responsible for the provision of easements,
design, construction, and costs of the proposed improvements.
The Town of White Bear is responsible for maintenance of the
proposed utilities.
Construction shall be in conformance with Lino Lakes Standards and
subject to review and approval. $10,000 will be escrowed to cover all
costs incurred by the City.
Any connections or extensions to the utilities. within Lino Lakes are
subject to the City's Comprehensive Plan, ordinances and policies.
Future connections or extensions would require an amendment to the
agreement and /or a separate agreement between the Town of White
Bear and the City.
The City Attorney has reviewed the proposed JPA and his comments have been
addressed.
RECOMMENDATION:
Staff is recommending approval of Resolution No. 04 -67 Approving Joint Powers
Agreement with City of North Oaks and Town of White Bear.
ATTACHMENTS
1. Resolution No. 04 -67
2.
Joint Powers Agreement
General Location Map