HomeMy WebLinkAbout2014-037 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 14- 37
APPROVING WELLHEAD PROTECTION IMPLEMENTATION JOINT POWERS
AGREEMENT FIRST ADDENDUM
WHEREAS, The Cities were required by the Minnesota Department of Health and Minnesota
Rule §4720.5130 to prepare wellhead protection plans for their community water supplies. The
Cities entered into a Wellhead Protection Joint Powers Agreement in 1997 for purposes of
developing the required plans.
WHEREAS, The Cities are required by the Minnesota Department of Health to implement their
wellhead protection plans for their community public water supplies and desire to coordinate
their efforts to protect their well water supply for their communities.
WHEREAS, The Cities have determined that it is in their best interests to implement the
common elements of their wellhead protection plans jointly.
WHEREAS, The Cities desire to coordinate the implementation of the common elements of
their wellhead protection plans through efficient and cost effective cooperation among members.
WHEREAS, The County is committed to enhancing water resources protection and public
health and finds it in the County's interest to facilitate the joint efforts of the Cities.
'`-- WHEREAS, In consideration of the mutual agreements contained in the attached JPA, and in
exercise of the powers granted by MN Stat. §471.59, the parties to this Agreement agree to:
• implement common elements of their wellhead protection plans;
• establish a joint user group to address activities related to this agreement
• authorize the County to act as facilitator and as agent contracting for any consultant
services or applying for any grants;
• allocate costs; and
• Receive and disburse grants.
WHEREAS, the Wellhead Protection Implementation Joint Powers Agreement, First Addendum
allows cities in Anoka County that were not part of the original joint powers agreement to
become members of the Joint Powers Agreement at no expense to the original Joint Powers
Agreement Cities
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes,
Minnesota, Adopt Resolution No. 14-37 approving the Wellhead Protection Implementation
Joint Powers Agreement, First Addendum
Adopted by the Lino Lakes City Council this 28th day of April, 2014
The motion for the adoption of the foregoing resolution was introduced by Council Member
Roeser seconded by Council MemberKusterman, and upon vote being taken thereon,
the following voted in favor thereof:
Roeser, Kusterman, Rafferty, Stoesz, Reinert
The following voted against same:
none
ATTEST:
Juli. ne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Marty Asleson
MEETING DATE: April 28, 2014
TOPIC: Consideration of Resolution No. 14-37, Wellhead Protection
Implementation Joint Powers Agreement First Addendum
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to approve the Wellhead Protection
Implementation Joint Powers Agreement First Addendum.
BACKGROUND
The Minnesota Department of Health, by Minnesota Rule 4720.1530, requires cities to develop
and implement a Wellhead Protection Plan to prevent the contamination of groundwater. The
City entered into a joint powers agreement with the County of Anoka and seven other Anoka
County cities on March 14, 2011. The purpose of the Joint Powers Agreement is to streamline
and create uniform plans across the county. The JPA allows for cities to use elements of the
group's work product to implement their own plans.
The first addendum provides for additional cities to join the JPA at no expense to the original
cities. Cities in the original agreement include Anoka, Blaine, Centerville, Circle Pines, Fridley,
Lexington, Lino Lakes, and Spring Lake Park. The joining cities are Andover, Columbus, Coon
Rapids, East Bethel, Ramsey, and St Francis.
RECOMMENDATION
Staff recommends approval of Resolution No. 14-37.
ATTACHMENTS
1. Resolution No. 14-37
2. Wellhead Protection Implementation Joint Powers Agreement
CITY OF LINO LAKES
RESOLUTION NO. 14- 37
APPROVING WELLHEAD PROTECTION IMPLEMENTATION JOINT POWERS
AGREEMENT FIRST ADDENDUM
WHEREAS, The Cities were required by the Minnesota Department of Health and Minnesota
Rule §4720.5130 to prepare wellhead protection plans for their community water supplies. The
Cities entered into a Wellhead Protection Joint Powers Agreement in 1997 for purposes of
developing the required plans.
WHEREAS, The Cities are required by the Minnesota Department of Health to implement their
wellhead protection plans for their community public water supplies and desire to coordinate
their efforts to protect their well water supply for their communities.
WHEREAS, The Cities have determined that it is in their best interests to implement the
common elements of their wellhead protection plans jointly.
WHEREAS, The Cities desire to coordinate the implementation of the common elements of
their wellhead protection plans through efficient and cost effective cooperation among members.
WHEREAS, The County is committed to enhancing water resources protection and public
health and finds it in the County's interest to facilitate the joint efforts of the Cities.
WHEREAS, In consideration of the mutual agreements contained in the attached JPA, and in
exercise of the powers granted by MN Stat. §471.59, the parties to this Agreement agree to:
• implement common elements of their wellhead protection plans;
• establish a joint user group to address activities related to this agreement
• authorize the County to act as facilitator and as agent contracting for any consultant
services or applying for any grants;
• allocate costs; and
• Receive and disburse grants.
WHEREAS, the Wellhead Protection Implementation Joint Powers Agreement, First Addendum
allows cities in Anoka County that were not part of the original joint powers agreement to
become members of the Joint Powers Agreement at no expense to the original Joint Powers
Agreement Cities
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes,
Minnesota, Adopt Resolution No. 14-37 approving the Wellhead Protection Implementation
Joint Powers Agreement, First Addendum
Adopted by the Lino Lakes City Council this 28th day of April, 2014
The motion for the adoption of the foregoing resolution was introduced by Council Member
seconded by Council Member , and upon vote being taken thereon,
the following voted in favor thereof:
The following voted against same:
Jeff Reinert, Mayor
ATTEST:
Julianne Bartell, City Clerk
Wellhead Protection Implementation
Joint Powers Agreement
First Addendum
THIS AGREEMENT is made and entered into by and between the cities Andover, Columbus, Coon Rapids,
East Bethel, Ramsey and St. Francis (hereinafter referred to as Joining Cities), the County of Anoka
(hereinafter referred to as "County'), and the cities Anoka, Blaine, Centerville, Circle Pines, Fridley,
Lexington, Lino Lakes, and Spring Lake Park (Member Cities) each acting by and through its governing
body, pursuant to MN Stat. §471.59 providing for the joint exercise of powers.
RECITALS
1. WHEREAS, the Member Cities entered into a Wellhead Protection Joint Powers Agreement in
1997 for the purpose of jointly preparing wellhead protection plans for their community water
supplies.
2. WHEREAS, on or about September 15, 2010 the Member Cities entered into a Wellhead
Protection Implementation Joint Powers Agreement to comply with the requirements of the
Minnesota Department of Health to implement their wellhead protection plans for their
community public water supplies and to protect their well water supply for their communities.
3. WHEREAS, the Joining Cities wish to be part of the Joint Powers Agreement.
4. WHEREAS, paragraph 14.2 of the Joint Powers Agreement requires that any amendments to this
Agreement be made in writing.
5. WHEREAS, paragraph 2.2 of the Joint Powers Agreement provides that additional cities may join
this Agreement following the effective date. If a city joins after the effective date that city is
responsible for its proportionate share of any expenses incurred in implementing this
Agreement for which the city will receive a benefit.
NOW THEREFORE, the terms of the Joint Powers Agreement shall be amended as follows:
1. Paragraph 2.2 shall be amended as follows:
2.2 Additional cities located in Anoka County may join this Agreement following the
effective date of the First Addendum. A City shall become a party to this Joint Powers
Agreement upon receipt of a Resolution by the Governing Board of the City that authorizes that
City to become a party to this Agreement. No formal Addendum to the Agreement is necessary.
2.3. If a city joins after the effective date that city is responsible for its proportionate share
of any expenses previously incurred in implementing this Agreement for which the city will
receive a benefit. The share shall be established by the existing members and shall be paid in
accordance with § 6.1 and 6.3.
2. Paragraph 13.1. shall be amended as follows:
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13.1 For purpose of notices to be given under this agreement, notices shall be directed as set
forth:
Andover City Council
1685 Crosstown Blvd. NW
Andover, MN 55304
Anoka City Council
2015 First Avenue N.
Anoka, MN 55303
Blaine City Council
10801 Town Square Drive
Blaine, MN 55449
Centerville City Council
1880 Main Street
Centerville, MN 55038-9794
Circle Pine City Council
200 Civic Heights Circle
Circle Pines, MN 55014
Columbus City Council
16319 Kettle River Blvd. NE
Columbus, MN 55025
Coon Rapids City Council
11155 Robinson Drive
Coon Rapids, MN 55433-3761
East Bethel City Council
2241— 221St Ave NE
East Bethel, MN 55011
Fridley City Council
6431 University Avenue NE
Fridley, MN 55432
Lexington City Council
9180 Lexington Avenue
Lexington, MN 55014
Lino Lakes City Council
600 Town Center Parkway
Lino Lakes, MN 55014
Ramsey City Council
7550 Sunwood Drive NW
Ramsey, MN 55303
Spring Lake Park City Council
1301— 81sT Avenue NE
Spring Lake Park, MN 55432
St. Francis City Council
23340 Cree St. NW
St. Francis, MN 55070
Anoka County Board
Government Center
2100 Third Avenue
Anoka, MN 55303
3. All other previously agreed upon terms remain in full force and effect.
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of this day stated below: _
County of Anoka City of
By: By:
Board of Commissioners Chair Mayor
Rhonda Sivarajah,
Attest: By:
City Manager
By:
Jerry Soma Dated:
County Administrator
Dated:
Approved as to form:
By:
Assistant County Attorney
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