HomeMy WebLinkAbout2001-157 Council ResolutionCouncil Member Reinert
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 01-157
RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF
HUGO FOR WATER SYSTEM CONNECTION AND SHARED SERVICE AND TO
AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT.
WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to
enter into Joint Powers Agreements, and
WHEREAS, the Cities wish to install a project which would allow Lino Lakes to provide
water service to the City of Hugo,
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 Hugo for the water
system connection and shared water service and authorizes the Mayor and City
Clerk to sign the Agreement.
Adopted by the Lino Lakes City Council this 24th day . September, 2001.
John J i:erge , Mayor
Jea Iger, Deputy City Clerk
The motion for adoption of the foregoing resolution was duly seconded by Council
Member O'Donnell and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Carlson, Dahl, O'Donnell, Reinert
The following voted against same: none
Whereupon said resolution was duly passed and adopted.
CERTIFICATION
I hereby certify that the above is a correct copy of a resolution duly passed, adopted and
approved by the City Council on September 24, 2001.
Jea, iter, Deputy City, erk
AGENDA ITEM 7G
STAFF ORIGINATOR: John Powell, City Engineer
COUNCIL MEETING DATE: September 24, 2001
TOPIC: Resolution No. 01-157, Joint Powers Agreement with Hugo for
Water Service.
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND:
The attached agreement allows Lino Lakes to provide water service to the City of
Hugo. The agreement includes the following:
1. The water service is for residential land uses only.
2. The agreement expires four years from its execution.
3. Water use is billed at the City's rates plus 10%, in accordance with City
policy. Lino Lakes will provide one bill to the City of Hugo; Hugo will bill the
individual users.
4. The developer will pay for the extension of the water main to the Hugo
border. Lino Lakes will pay for 50% of the meter cost.
5. The water users in Hugo that are connected to Lino Lakes water are required
to adhere to any and all water system related ordinances and policies in
place in Lino Lakes.
6. The developer will be required to provide financial security for improvements
within Lino Lakes consistent with current City policy.
The water main extension and meter along Cedar Street will be installed this
year. The Victor Gardens project has not yet received final plat approval from
the City of Hugo. It is my understanding the water service agreement needs to
be in place before Hugo will consider the final plat.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution No. 01-157, Approve the Joint Powers Agreement.
3. Adopt Resolution No. 01-157 with revisions.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution No. 01-157 be adopted.
JOINT POWERS AGREEMENT
AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this day of , 2001, by and
among the City of Hugo, Washington, Minnesota ("Hugo"); the City of Lino Lakes, Anoka
County, Minnesota ("Lino Lakes"); and Pratt-Arnt-Oakwood, LLC, a Minnesota corporation
("Developer").
WITNESSETH:
WHEREAS, the Developer has proposed to construct a planned unit development
major subdivision in the City of Hugo to be known as "Victor Gardens" ("The Property"); and,
WHEREAS, the Developer desires to service the property with a municipal water
system; and,
WHEREAS, Hugo Plans to provide water service to this area by the year 2005;
and,
WHEREAS, Hugo does not currently possess the ability to service the property
with its existing municipal water system, however, the Hugo envisions that it will be expanding
its municipal water service in the future so that the Hugo may, in the future, possess the ability to
service the property with its own municipal water system; and,
WHEREAS, Lino Lakes does currently possess the ability to service the property
with its existing municipal water system; and,
WHEREAS, the parties hereto desire to enter into a Joint Powers Agreement to
allow Lino Lakes to service the property with its municipal water system until Hugo can extend
its own municipal water system to the property; and,
WHEREAS, Minnesota Statutes Section 471.59 authorizes two (2) or more
governmental units by agreement of their governing bodies jointly and cooperatively to 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; and,
WHEREAS, cities are authorized to enter into development contracts as
contemplated in Minnesota Statutes Section 462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth the respective rights and
obligations of the parties to this Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and among the parties as
follows:
ARTICLE I
Responsibilities of Developer
A. 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 Cities
of Lino Lakes and Hugo, to install the improvements.
B. The Developer shall prepare all necessary documents to bid out the
project. The Developer shall hire contractors to install the water system to the property. The
contractors shall be of the choosing of the Developer. Neither Hugo nor Lino Lakes shall be
responsible for any actions of the Developer or the Developer's contractors regarding the
installation or construction of the water system. All work to be done in constructing and
installing the water system within Lino Lakes shall be done subject to the approval of the Lino
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Lakes City Engineer in accordance with City standards and requirements. All work to be done in
constructing and installing the water system within Hugo shall be done subject to the approval of
the Hugo City Engineer. The interconnect and appurtenances shall be contructed in accordance
with the direction of both cities.
C. The Developer shall hold harmless and defend Hugo 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.
D. The Developer shall obtain any and all easements necessary to extend Lino
Lakes' water system to the property. This shall be done at no cost to Hugo or Lino Lakes.
E. Developer shall, contemporaneously with the execution of this Agreement,
deposit with Hugo an escrow of Two Thousand Dollars ($2,000.00) to cover the cost of legal
fees, administrative expenses, and other costs related to this Joint Powers Agreement and
development.
All fees and costs incurred by Hugo in connection with the development
shall be charged against said escrow account which shall remain in effect until the completion of
the development. Any funds remaining in the escrow accounts after the completion of the
development shall be refunded to the Developer.
F. Developer shall, contemporaneously with the execution of this Agreement,
deposit with Lino Lakes an escrow of Twelve Thousand Dollars ($12,000.00) 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.
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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 development. Any funds remaining in the escrow accounts after the
completion of the development shall be refunded to the Developer.
G. When Hugo has developed the capability to service the property, the
Developer agrees that it will hook up to Hugo's municipal water system. Additionally, the
Developer agrees to grant to Hugo any and all easements as may be necessary to connect the
property to Hugo's municipal water system, and at no cost to the City of Hugo. Developer makes
this representation on behalf of itself and all future property owners within the plat.
H. When the Hugo water system is extended to the property, the Developer
and its successors in title agree to pay assessments for the costs of the project in accordance with
Minnesota Law, and Developer and its successors in title waive all formalities or requirements
pursuant to Minnesota Statutes Section 429, and specifically waive any right to appeal or contest
the assessment of the project costs upon the lands affected hereby.
I. Developer agrees to pay to Hugo, according to Hugo's regular and
customary course of business, for all water supplied to the property, together with any water -
related fees or costs charged to Hugo by Lino Lakes pursuant to this Agreement.
J. The Developer agrees to construct the water system within the City of
Lino Lakes described herein at its own expense and in accordance with Lino Lakes'
specifications. Lino Lakes shall prepare plans and specifications for all work within Lino Lakes.
The Developer shall engage at its own expense a registered, professional civil engineer to prepare
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plans and specifications for the project and shall submit the same to the Lino Lakes Engineer for
review and approval.
Developer shall provide a financial guarantee to Lino Lakes in the form of a cash
escrow or letter of credit, in the amount equal to One Hundred Fifty Percent (150%) of the
estimated amount of the cost of the water system to be constructed.
K. The Developer shall pay to Hugo the prevailing water availability charges
and connection charges as are customary for all water hook-ups in the City of Hugo. No
connection charges or water availability charges shall be paid to the City of Lino Lakes.
L. All water use charges that are delinquent shall be handled in like manner
as other delinquent water charges in the City of Hugo.
M. As part of the construction of the water system contemplated herein,
`. Developer shall also install a water meter at or near the junction point with the Lino Lakes
municipal water system. This meter shall measure the volume of water used in the City of Hugo
in the Victor Gardens plat.
ARTICLE II
Responsibilities of Lino Lakes
A. All work to be done in constructing and installing the water system shall
be done subject to the approval of the Lino Lakes City Engineer in accordance with Lino Lakes
city standards and requirements, and upon plans prepared by Lino Lakes. Lino Lakes agrees to
authorize its engineer to inspect the plans and observe the site to insure that the system is
adequately and properly installed.
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B. Hugo shall pay Lino Lakes all water utility fees required by the Lino Lakes
City Code, City resolutions and amendments thereto. The specific water use rate applicable to
Hugo shall be equal to Lino Lakes rate plus Ten Percent (10%). The connecting meter shall be
read by Lino Lakes personnel. A statement for the total water provided during the month, as
determined by the Lino Lakes Finance Director, shall be mailed to Hugo within a reasonable time
after the last day of each month. Statements shall be due and payable within thirty (30) days of
receipt. All invoices shall be sent to the Finance Director for the City of Hugo.
C. Lino Lakes shall pay for Fifty Percent (50%) of the construction cost of the
metered water connection, but no connecting mains. Hugo shall pay for Fifty Percent (50%) of
the construction cost of the metered water connection and Developer shall pay for all connecting
mains.
D. Lino Lakes agrees to cooperate with Hugo and the Developer in arranging
for the switchover from the Lino Lakes water system to the Hugo system when Hugo develops
the ability to service the property. The switchover shall be at no cost to Lino Lakes, and the
Developer, or its successors in title, shall reimburse Lino Lakes for any costs incurred when this
switching over occurs.
E. Lino Lakes shall ensure that the contract documents include a requirement
that Developer secure insurance coverage satisfactory to Hugo and Lino Lakes.
ARTICLE III
Responsibilities of Hugo
A. Hugo agrees to allow the property to obtain water service from Lino Lakes
until such time as Hugo has the ability to service the property.
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B. Except as herein provided, Hugo shall be responsible for maintenance of
any water mains within Hugo that use water from Lino Lakes. Hugo shall maintain the water
mains in good working order and in accordance with the American Waterworks Association
Standards for Water Mains. All repair and maintenance shall be completed within a reasonable
time.
C. Hugo shall report to the Lino Lakes Director of Public Services any
defects which occur in the Hugo water system. Hugo shall have an on-call contractor available
on a twenty-four (24) hour basis for repair of its water main system. Lino Lakes may designate
any defect as requiring an emergency repair if it will have significant impact on the use of the
Lino Lakes water system by Lino Lakes residents or businesses, if the defect will result in
unmonitored use of the Lino Lakes water. In the event of an emergency, repair procedures shall
be undertaken as soon as reasonably possible, but nothing herein shall prevent Lino Lakes from
taking appropriate steps to protect the security of the Lino Lakes water system and the health,
safety and welfare of Lino Lakes residents. All repair and maintenance shall be completed
within a reasonable time.
D. Hugo shall comply with the provisions of the Lino Lakes City Code
relating to its water system and any amendments thereto. All Lino Lakes codes and resolutions
referred to in this Agreement are hereby incorporated. Nothing herein shall be construed to limit
the authority of Lino Lakes to adopt or amend its ordinances or resolutions.
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ARTICLE IV
Miscellaneous Provisions
A. All general and special conditions, plans, special provisions, proposals,
specifications and contracts for the water system shall and hereby are made a part of this
Agreement by reference as if fully set out herein in full.
B. All applicable fees relating to this project shall be paid for by the
Developer, including the cost of recording documents with Washington County and/or Anoka
County.
C. The Developer shall permit access to the land herein for periodic
inspections to assure conformance with the conditions herein.
D. This Agreement shall be deemed to be a restrictive covenant and the terms
and conditions hereof shall run with the land described herein and be binding on and inure to the
benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon
all future owners of all or any part of the land herein, and shall be deemed covenants running
with the land. Reference herein to the Developers, if there be more than one, shall mean each
and all of them.
E. This Agreement may be terminated by Lino Lakes in the event that:
1. Hugo violates the terms of this Agreement, the provisions of Lino
Lakes City Code relating to the Lino Lakes water system, or
amendments thereto; and such violation continues for thirty (30)
days after Hugo receives a written notice of violation from Lino
Lakes.
2. Hugo fails to properly maintain its water system after reasonable
notification and opportunity to cure.
3. Hugo authorizes connection of any non-residential land uses.
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4. Hugo authorizes connections of any development outside the
boundaries of Victor Gardens, without first notifying and securing
approval from the City of Lino Lakes.
F. This Agreement shall be placed of record so as to give notice hereof to
subsequent purchasers, the cost of said recording shall be borne by the Developer and charged
against the escrow account.
G. This Agreement shall remain in effect for a period of four (4) years.tess-
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written notice mailed to the other parties at the
following addresses:
City of Lino Lakes
City of Hugo
Pratt-Arnt-Oakwood, LLC
Ms. Ann Blair
Lino Lakes City Clerk
600 Town Center Parkway
Lino Lakes, MN 55014
Mr. Michael A. Ericson
City Administrator
5524 Upper 146th Street North
Hugo, MN 55038
Mr. Len Pratt
1611 Highway 10 N.E.
Spring Lake Park, MN 55432
IN WITNESS WHEREOF, the Lino Lakes, Hugo, and Developer have caused
this Agreement to be duly executed on the day and year first above written.
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CITY OF HUGO
By
Fran Miron, Mayor
By
Mary Ann Creager, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2001, before me, a Notary Public,
personally appeared Fran Miron and Mary Ann Creager, of the City of Hugo, a Minnesota
municipality within the State of Minnesota, and that said instrument was signed on behalf of said
City of Hugo by the authority of the City Council of the City of Hugo, and Fran Miron and Mary
Ann Creager acknowledged said instrument to be the free act and deed of said City of Hugo.
Notary Public
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CITY OF LINO LAKES
By
John J. Bergeson, Mayor
By
Ann Blair, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA
On this day of , 2001, before me, a Notary Public,
personally appeared John J. Bergeson and Ann Blair, of the City of Lino Lakes, a Minnesota
municipality within the State of Minnesota, and that said instrument was signed on behalf of said
City of Lino Lakes by the authority of the City Council of the City of Lino Lakes, and John J.
Bergeson and Ann Blair acknowledged said instrument to be the free act and deed of said City of
Lino Lakes.
Notary Public
11
STATE OF MINNESOTA )
)
COUNTY OF WASHINGTON)
ss.
PRATT-ARNT-OAKWOOD, LLC
By
Its
By
Its
On this day of , 2001, before me, a Notary Public,
personally appeared and , to me
personally known who are the and , respectively, OF
Pratt-Arnt-Oakwood, LLC, a Minnesota limited liability corporation, and that said instrument
was signed on behalf of Pratt-Arnt-Oakwood, LLC, by the authority of its Board of Directors,
and said and acknowledged
said instrument to be the free act and deed of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
David K. Snyder
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439-2878
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Notary Public