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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: Page 1 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 Page 3