HomeMy WebLinkAbout01-06-94 CCMLAKE ELMO CITY COUNCIL
MEETING
Thursday, JANUARY 61 1994
6:00 P.M. MEETING CONVENES
1. Workshop to discuss MUSA and negotiations
with Oakdale (Continuation).
2. Estimated cost and timeframe to reactivate
application for 440 acre MUSA extension.
3. Other
4. Adjourn
Warren E. Peterson _lla PETERSOI V, 1t101M idwest Federal building
Jerome P. Witt
Fr _ 50 East Fifth Street
Daniel Witt Fram P� n „DER�7� R� HT T`'T St. Paul, MN 55101-1197
Glenn A. Bergman l�il�/1 ll M 1L V
John Michael Miller I6I 21 291-8955
Gary W. Becker* ° ° ° ° (612) 228-1753 facsimile
Timothy 1. Hassett**
Michael T. Oberle Melvin 1. Silver, Of Counsel
Kenneth A. Amdahl
December 15, 1993
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Letter of Undertaking
Joint Resolution '
Joint Powers Agreement
Our File No.: 11135/930005
Mary:
Enclosed are revised versions of the above documents which
incorporate the changes discussed at the City Council meeting of
December 7, 1993. The Letter of Undertaking should be considered
first by the respective councils. The Joint Resolution and the
Joint Powers Agreement would be attached as exhibits to the
Agreement of Undertaking and would be executed if the parties can
come to some agreement on the matters contained in Section 3.1 of
the Agreement of Undertaking.
It is anticipated that there will be another legislative
effort by the City of Oakdale to amend the provisions of the
annexation law which would allow Oakdale to individually petition
the Minnesota Municipal Board for the annexation of certain Lake
Elmo property in Sections 32 and 33. Lake Elmo may not be able to
prevent that legislation from being introduced even if the parties
are in the process of attempting to resolve their differences. it
may be beneficial to prepare a piece of legislation on behalf of
the City of Lake Elmo which would also allow the City of Lake Elmo
to individually petition the Municipal Board to annex certain
portions of Oakdale land in Sections 32 and 33. If both bills were
passed or if they were combined, at least the City would then find
itself in front of the Municipal Board with the ability to request,
essentially, a reversal of a prior Board decision regarding
Sections 32 and 33.
If you have any questions, please contact me.
Very truly yours,
JerV
Filla
JPF:bap
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'REAL PPOPE R"F\' 1-?'d' SPECI \LIST CERTIFIES Bti T1fF. RE+L-RO�LFTY LA % SECTION OF THE .MINNESOTA STATE BAR ASSOCI>TION.
Daniel „ill Frain G
IE II II \. Bergman
-
FRAMBERGMAN
John Michael Millei
.
Gary W. Becker'
I r
Timothy) Hassell"
Michael T. Oberle
Kenneth A. Amdahl
December 15, 1993
Larry Bohrer
TKDA
1500 Meritor Tower
444 Cedar Street
St. Paul, MN 55101-2140
RE: Letter of Undertaking
Joint Resolution
Joint Powers Agreement
Our File No.: 11135/930005
Larry:
tun 4 Okle,l I edeia'I building
u Ecsl Filth Streel
St. Paul M 4 55101-1147
IP 12, 2111_go55
10121 225-175'1 facsimile
Melvin 7; Silver, Of Counsel
Enclosed are drafts of the above agreements which incorporate
the changes discussed at the City Council meeting of December 7,
1993. Please review the Joint Powers Agreement and advise me if
any additional changes are necessary.
JPF:bap
cc: Mary Kuef£ner
encs.
Very truly yours,
Ge . Filla
'Lr5O:1n\fl:""i..P !i'LORID- 161.!h..3 \•. :SC�'<rC T. ;!! CO,S!\
I', ERM :_.P: 4rEC,L!: .L;'IIU 5THE Fr .. xCT0%G TlC\L.\[. O'".'. ST# .r../.-tiSC:.;^�Jr
JOINT POWERS AGREEMENT
UTILITY EXTENSION PROJECT
CITY OF LAKE ELMO
CITY OF OAKDALE
PARTIES
This Agreement is dated the day of , 1993,
and is entered into by and between the City of Lake Elmo, a
municipal corporation and political subdivision of the State of
Minnesota (herein "Lake Elmo"); and the City of Oakdale, a
municipal corporation and political subdivision of the State of
Minnesota (herein "Oakdale").
RECITALS
Lake Elmo and Oakdale share common borders in Sections 32 and
33, Township 29N, Range 21W, Washington County, Minnesota. Oakdale
currently provides sanitary sewer to a portion of its property
within Sections 32 and 33 and wishes to extend sanitary sewer to
serve the remainder of its property within Sections.32 and 33.
Lake Elmo wishes to provide sanitary sewer to portions of Lake Elmo
located within Sections 32, 33, 34, and 35, Township 29N, Range
21W. The parties have agreed that it will be more economical and
within the public's interest to construct a combined sanitary sewer
project (herein "Project") rather than to construct two separate
sanitary sewer systems.
Lake Elmo and Oakdale each have the authority to construct the
Project pursuant to the provisions of Minnesota Chapter 412,
Minnesota Chapter 444, and Minnesota Chapter 429. Each City has
the authority to enter into a Joint Powers Agreement pursuant to
provisions of Minnesota Chapter 471.59.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of and in reliance upon the
mutual undertakings herein expressed, Lake Elmo and Oakdale agree
as follows:
1. Construction of Project.
1.1 Project Engineer. Lake Elmo shall retain a consulting
engineer who shall serve as the Project Engineer. The
Project shall be reviewed and constructed pursuant to the
provisions of Minnesota Statutes Chapter 429 and in
compliance with all applicable public contracting
regulations.
1.2 Feasibility Report. The Project Engineer shall prepare
a feasibility report for the construction of the Project.
The feasibility report shall be approved by the Lake Elmo
and Oakdale City Councils.
1.3 Public Hearing. Upon approval of the Feasibility Report,,
each City shall hold a public hearing to review the
proposed Project. Final Project design and the ordering
of the Project shall be approved by both the Lake Elmo
and Oakdale City Councils at the conclusion of their
respective public hearings and any continuations thereof.
After Project approval, the Project Engineer shall
prepare final plans and specifications.
1.4 Advertisement for Bids. The Project Engineer shall
obtain bids on the final project design.
1.5 Award of Contracts. Construction contracts shall be
approved by the Lake Elmo and Oakdale City Councils
provided that contracts may not be awarded until the
required rights -of -way have been acquired as hereinafter
provided.
1.6 Abandonment of Project. If the Project is not approved
or if Project contracts are not awarded and the Project
is abandoned by the parties, costs incurred to date shall
be shared pursuant to the provisions of Section 3 herein.
2. Acquisition of Ri ht-of-Way. The right-of-way required for
the construction of the Project shall be acquired by the City
in which the right-of-way is located. Right-of-way
acquisition costs shall be the responsibility of the acquiring
City and shall not be considered a project cost for purposes
of this Agreement.
3. Joint Sanitary Sewer Project Costs. All costs (including but
not limited to administrative, engineering and legal) incurred
pursuant to this Agreement (herein the "Project Costs") by
Lake Elmo or Oakdale for the design, review, or construction
of the Project, except right-of-way acquisition costs, shall
be reported to the Project Engineer.
3.1 Cost Allocation Formula. The Project Costs shall be
allocated between Lake Elmo and Oakdale based upon the
following formula:
CC = CF over TF x PC
CC means the individual City's share of the Project
Costs.
CF means the individual City's estimated maximum sanitary
sewer flow to the Project.
2
TF means the total estimated maximum sanitary sewer flow
from both cities to the Project.
PC means total Project Costs.
(a) Anticipated Allocation Percentages. Based upon the
allocation formula, it is anticipated that Lake
Elmo will pay 59% of the Project Costs and that
Oakdale will pay 41% of the Project Costs.
(b) _Assumptions and Acknowledgments. The anticipated
allocation percentages assume that the Project will
serve the areas of Lake Elmo and Oakdale identified
on Exhibit A attached and that the rates of flow,
as expressed in million gallons per day ("MGD")
from such areas will be as indicated on Exhibit A.
If the underlying assumptions change due to
negotiations between the cities regarding the
common boundary line and the allocation of sanitary
sewer capacity, the parties acknowledge that the
anticipated allocation percentages and,
consequently, the percentages of Project Costs
attributable to each City will change.
3.2 Submittal of Payments. Within fifteen (15) days of
receipt of a request for payment from the Project
Engineer, including requests for preliminary costs, each
City shall remit its prorata share of the payment request
to the Project Engineer.
4. Record Drawings. Upon completion of the Project, each City
shall be provided with a set of construction record drawings.
5. Use of Sanitary Sewer. The Project shall include monitoring
devices to record the flow of sewage from each City. The
monitoring devices shall be approved by each City's Engineer.
Lake Elmo and Oakdale shall comply with all MWCC regulations
relating to the use of the sanitary sewer system. Each City
shall be responsible for collecting all fees required by the
MWCC regulations in order to connect to or use the MWCC
sanitary sewer facilities.
6. Finan2 ng of Joint Sanitary Sewer Project and Right -of Wav
Acquisition. Each party reserves the right to finance its
share of the Project and Right -of -Way acquisition in whatever
manner its City Council determines to be in the best interests
of its City.
7. Maintenance. Except as provided herein, upon completion and
acceptance of the Project, each City shall be responsible for
maintenance of that portion of the Project which is located
within the City's boundaries, provided that, the cost of
3
maintaining lift stations and force mains shall be based upon
flowage percentages calculated annually by review of
monitoring data. Maintenance of lift stations and force mains
shall be pursuant to standards approved jointly by the City's
Engineers within sixty (60) days after Project completion.
8. Ownership oL
Project. Each party shall own that portion of
the project which is located within its boundaries, provided
that the lift stations and force mains shall be jointly owned.
Joint ownership of such utilities shall continue after
termination of this Agreement unless some other disposition is
mutually agreed upon by the parties.
9. Termination of Agreement. This Agreement shall be effective
upon adoption of each City Council's resolution and shall
remain in effect indefinitely subject to termination by mutual
agreement of the parties. The cost of disconnection shall be
shared equally. .Disconnection shall be accomplished according
to plans and specifications approved by each City's Engineer.
10. Consent. Each party hereby consents to the extension of the
other party's sanitary sewer into its community provided,
however, that neither party shall assess or charge the other
for connection or use fees.
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF LAKE ELMO
Pursuant to Council Resolution
No. approved on the
Wyn John, Mayor day of
1993.
Mary Kueffner, City Administrator
CITY OF OAKDALE
Ted Bearth, Mayor
Craig Waldron, City Administrator
b/City/LKE-OAK2.AGR
12/15/93
4
Pursuant to Council Resolution
No. approved on the
1993. day of
Gross
Flow
%
City
Service Area
Acres
MOD
Flow
Oakdale
S 1/2 of SW 1/4 Sec. 33 and
SE 1/4 of SE 1/4 Sec. 32
87.75
0.108
14%
Oakdale
NW 1/4 and N 1/2 of SW 1/4
Sec. 33
193.25
0.218
27%
Lake Elmo
SE 1/4 Sec. 33
160
0.040
5%
Lake Elmo
S 1/2 of SW 1/4 Sec. 34
SW 1/4 of SE 1/4 Sec. 34
E 1/2 of SE 1/4 Sec. 34
E 1/2 of SW 1/4 Sec. 35
280
0.429
54%
0.795
100%
EXHIBIT A
AGREEMENT OF UNDERTAKING
CITY OF LAKE ELMO
CITY OF OAKDALE
PARTIES
1. This Agreement is dated the day of
1993, and is entered into by and between the City of Lake Elmo,
a municipal corporation and political subdivision of the State of
Minnesota (herein "Lake Elmo"); and the City of Oakdale, a
municipal corporation and political subdivision of the State of
Minnesota (herein "Oakdale").
RECITALS
2. Oakdale and Lake Elmo wish to define their common border
as located in Sections 32 and 33, Township 29 North, Range 21 West,
Washington County, Minnesota. In addition, Lake Elmo and Oakdale
wish to construct a joint sanitary sewer project which could be
done more efficiently than separate sanitary sewer projects serving
portions of each City located within Sections 32, 33, 34, and 35,
Township 29 North, Range 21 West, Washington County, Minnesota.
TERMS AND CONDITIONS
(� 3. NOW, THEREFORE, in consideration of and in reliance upon
`�- .1� the mutual undertakings herein expressed, Lake Elmo and Oakdale
agree to enter into the Joint Powers Agreement attached hereto as
p Exhibit 1 and further agree to execute and submit the Joint
(� Resolution attached as Exhibit 2 to the Minnesota Municipal Hoard
subject to reaching agreement on the following matters:
3.1 Parties shall meet on or before the day of January,
1994, and thereafter on a reasonable schedule in order to:
a. Discuss the re -allocation of sanitary sewer capacity
within those portions of Sections 32, 33, 34, and 35,
Township 29 North, Range 21 West, as illustrated on
Exhibit--C attached. If the parties can arrive at an
f, a reement, both parties further agree to cooperate in
obtaining approval for the re -allocation from the
-M-Innesota -Mun3ca4rpal Waste Control Commission.
mL'Tko0O(-i'T- rJ
b. To define the exact location of their common border as
located in Sections 32 and 33, Township 29 North, Range
21 West, Washington County, Minnesota. If the parties
can arrive at an agreement, the definition of the common
border and of the parcels which need to be transferred
from the jurisdiction of Lake Elmo to the jurisdiction of
Oakdale shall be included in the Joint Resolution.
3.2 The parties agree to undertake such discussion in a
spirit of cooperation and with the intent to resolve matters
between the communities regarding border locations and sanitary
sewer re -allocations. It is intended that Oakdale would agree to
a re -allocation of sanitary sewer capacity in consideration for the
( Lake Elmo's agreement to release its claims to various land within
Sections 32 and 33, Township 29 North, Range 21 West, Washington
County, Minnesota.
CITY OF LAKE ELMO
Pursuant to Council Resolution
No. approved on the
Wyn John, Mayor day of
1993.
Mary Kueffner, City Administrator
CITY OF OAKDALE
Pursuant to Council Resolution
No. approved on the
Ted Bearth, Mayor day of
1993.
Craig Waldron, City Administrator
b/city/bordera.agr
12/15/93
JOINT RESOLUTION OF THE CITIES OF
LAKE ELMO AND OAKDALE
WASHINGTON COUNTY, MINNESOTA
RESOLUTION AFFECTING THE DETACHMENT OF CERTAIN LANDS FROM
THE CITY OF LAKE ELMO AND THE ANNEXATION OF SUCH LANDS TO
THE CITY OF OAKDALE.
1. WHEREAS, the following described parcels (herein the
"Subject Property") are located within Sections 32 and 33, Township
29N, Range 21W, Washington County, Minnesota; are the subject of
various jurisdictional claims by and between the City of Lake Elmo,
a Minnesota statutory city (herein "Lake Elmo") and the City of
Oakdale, a Minnesota statutory city (herein "Oakdale"); and are
illustrated on Exhibit A attached.
(add legal descriptions of parcels); and,
2. WHEREAS, Lake Elmo and Oakdale wish to resolve the
Jurisdictional issues between the cities relative to the Subject
Property without the necessity of costly litigation; and,
3. WHEREAS, Lake Elmo is willing to consent to the
detachment of the Subject Property and Oakdale is willing to
consent to the annexation of the Subject Property.
4. NOW, THEREFORE, the Lake .Elmo City Council and the
Oakdale City Council hereby resolve:
4.1 That the .Subject Property would best be served by
detachment from Lake Elmo and the annexation to Oakdale;
4.2 That the Lake Elmo City Council and the Oakdale City
Council respectfully request the Minnesota Municipal
Board (herein the "Board") to review this Joint
Resolution for concurrent detachment and annexation
pursuant to the provisions of Minnesota Statutes 414.061;
4.3 That by adoption of this Resolution, Lake Elmo and
Oakdale are jointly approving such detachment and
annexation as provided by law;. and,
4.4 That Lake Elmo and Oakdale hereby request the Board to
approve concurrent detachment and annexation of the
Subject Property to be effective upon the issuance of the
Board's order or at such later date as may be provided by
the Board in its order.
Passed by the City Council of the City of Lake Elmo this
day of , 1993.
Wyn John, Mayor
ATTEST:
Mary Kueffner, City Administrator
Passed by the City Council of the City of Oakdale this
day of , 1993.
Ted Bearth, Mayor
ATTEST:
Craig Waldron, City Administrator
b/city/JOINTRES
12/15/93