HomeMy WebLinkAbout9A - Spring Lake Township
CITY COUNCIL AGENDA REPORT
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MEETING DATE:
AGENDA #:
PREPARED BY:
March 15, 1999
9A
Frank Boyles, City Manager
AGENDA ITEM:
CONSIDER APPROVAL OF REQUEST BY SPRING LAKE
TOWNSHIP TO REDUCE FEES AND CHARGES AS SET FORTH
IN THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SANITARY SEWER AND WATER DATED JUNE 1, 1998.
DISCUSSION:
History
Failing septic systems in the South Shore Drive area have been
documented for some time. In an effort to receive sewer and water
services to resolve this environmental problem, residents of the South
Shore Drive area in Spring Lake Township petitioned to be annexed
into the City. Ultimately, the stakeholders affected by this proposal
(Township Board, Spring Lake residents favoring, Spring Lake
residents opposed, Prior Lake government, Metropolitan Council and
Scott County) agreed that sewer and water services could be
extended to service this area of the Township without annexation if a
contract were negotiated between the various parties.
Accordingly, representatives for the various stakeholders (shown
above) met for numerous months to work out a written agreement
which all parties could agree upon. That agreement was prepared
and executed both by Spring Lake Township and by Prior Lake on or
about June 1, 1998.
During the course of negotiating this contract, the City representatives
attempted to support the completion of this project so that the
environmental issues would be addressed. At the same time, City
representatives worked to assure that the Township, its residents and
affected developers would receive the same fees and charges as
Prior Lake residents. This position was adopted based upon Council
policy that this project was not to be subsidized in any way by Prior
Lake taxpayers.
Current Circumstances
On Thursday, February 11, 1999, Spring Lake Township Chairperson
John Henschel asked that the City consider eliminating or reducing a
few of the fees set forth in the executed agreement in an effort to
make the project more viable. He did indicate that the City's decision
in either case would not be the primary determiner of whether this
project moves forward.
16200~aganda~gw:a.f:-:9R.rloc Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
ALTERNATIVES:
RECOMMENDED
MOTION:
Attached for your information are two documents. The first is the
Sewer and Water Agreement between the City and Township. The
second is the written request for fee reduction or elimination
submitted by the Township. The Staff has reviewed the Township's
request. If the Council intends to treat City and Township residents
the same, then the following fees and charges should remain as set
forth in the Agreement: (1) City Trunk Area Charges; and (2) City
User fees and SAC and WAC.
The Agreement calls for water meters in each household and a
central large meter to confirm the water used by the entire South
Shore Drive area and therefore, the invoices rendered by the City to
the Township. As an alternative, electronic meters with remote
reading capabilities could be installed in each household eliminating
the need for the central meter. Remote reading hardware and
computer software would be required to make this proposal work. As
it turns out, the cost of this alternative is more or less the same as the
cost for the meter vault and central meter. We intend to pursue this
option nonetheless.
Chairperson Henschel has requested that the City consider
elimination of the already reduced 30/0 Administrative fee. This fee is
intended to recover staff and City Attorney costs. I have reviewed the
executed agreement which does not include any provisions for
administrative fee collection. Accordingly, no administrative fee is to
be charged under the agreement.
The Council should determine if it is appropriate to made other
amendments to the Agreement.
(1) Take no action and leave the Agreement as executed.
(2) Direct the City Attorney to prepare amendments to the Agreement
as may be directed by the City Council.
Alternatives No. (1). During the negotiation of this Agreement, the
City addressed a considerable number of Township issues (See
attached City Concessions to Township Issues sheet) which had the
effect of substantially reducing costs -- some construction and some
maintenance.
i:\council\agenda\99\0315_9A.doc
CITY CONCESSIONS INCORPORATED IN
SEWER & WATER AGREEMENT
(March 9, 1999)
Townshiv Issue/Request
1. Uninterrupted service guarantee
by City.
2. Mutual indemnity & hold
harmless clause.
3.
City maintenance of facility.
4.
Elimination of Administration
Fee (3%).
5.
Opposed to pre-paid connection
fees.
6.
Limit trunk acreage fees to
typical city lot size.
7.
No annexation for twenty years.
8.
Increase number of connection
units from 80 to 90.
9.
Elimination of flow meter.
H:\MEMO\MEM980S.DOC
City Position
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Substitute of
electronic
metering is
currently
being
examined
Recommendation
Not possible to provide due to the occurrence of
main breaks.
Appears to be reasonable request.
Maintenance would primarily constitute flushing
water lines and jetting the sewer lines which
would not result in high labor demands
considering the pipe would be confined to
basically one street. Also the Township residents
would receive "full charge service" for the
payment of their utility bills.
Costs could be paid on a reimbursement basis
which would include all of Staff time and legal
expenses to date.
Connections fees could be paid by the Township
on a "Pay as You Go" basis whereby the
Township would make quarterly payments for
the number of connections that were made to the
Facility during each quarter.
A 15,000 sq. ft. average could be utilized for the
purpose of calculating the trunk sewer and water
acreage charge on a per connection unit basis.
(Le. 90 x 15,000 sq.ft. = 31.0 acres x $3500/ac. = $108,500.00)
Current contract provision would prevent any
annexation proceedings while the original debt
instrument is outstanding. In all likelihood
general obligation bonds will be issued with a
term of twenty years, therefore for all practical
purposes the annexation prohibition period is the
same. The only thing that could shorten this time
period under the existing language is if the debt
were defeased.
An increase of ten connection units is certainly
not a deal killer.
If the flow of75-90 homes cannot be detected on
an accurate basis by a central flow meter than an
electronic meter system would be acceptable.
South Shore Drive
City of Prior Lake Issues
WSB Project No. 2006.00
Issues
I. City of Prior Lake Adlninistration
. Agreelnent calls for a 3% City of Prior Lake Adlninistration Fee on sewer
and water construction costs.
1) Can this be eliminated?
Project cost is $18,000 -7- 57 hon1es = $316/House
Total Project Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $18.000
[I. City Trunk Area Charge
Agreement calls for a $3,500/acre trunk area charge not to exceed 12,500
square feet per house.
1) Can this be eliminated on this project?
Total Project Savings = $1 ,004/Housc x 57 I-louses ........... $57.220
2) If not agreeable to Optiol} 1, then can it be eliminated for all existing
houses and charged to all new hon1es not constructed at date of
project's public hearing.
Project Savings 1,004 x 56 Houses
$56.224
Future City income if trunk charge is applied to future hOlnes
wi thin Met Council approved sewer service area.
16 units x 1,004 ............................. . . . . . . . . .. $16.064
III. Water Meter & Meter Vaults
· Can the agreed-upon large water meter be removed from the project? It is
\-vell known that these 111eters do not provide accurate readings. With the low
use anticipated, the large n1eter may not register any usage. This is a concern
not only for billing purposes but also it adds additional cost with no real
benefit to either parties. Individual water meters at each house will be
installed which can provide accurate individual reading that can be totaled to
provide the total flow provided to the Township service area.
South Shorc Drivc
City of Prior Lakc Issues
WSB Project No. 2006.00
Propose the following:
1) Remove water meter.
2) Work with City staff on using electronic readable house ll1eters via
phone lines or radio telenletry?
Project savings approximately ........................... $10,000
IV. City residential.access to Township road.
An existing Prior Lake resident driveway accesses the proposed cul-de-sac
by the park.
I) Is thcre a \vay the Township can be reimbursed for providing an
in1proved roadway for this parcel?
V. City user fees S.A.C. & W.A.C.
· Currently, the agreement calls for collecting City S.A.C. and W.A.C. fees.
This amounts to $1 ,200/unit for 56 units, which is $67,290 cost to existing
residents. f... I/"L- ,V"V'--k ./tj"%.. i;,ttJev-+-t..H'.J-r..- tPI....t_hn.....)
Propose the following:
1) Eliminate City S.A.C. and W.A.C. fees on existing homes and apply
this fee only on new homes added after project's public hearing.
Project Savings ~2.001 x 56 ............................. $67,200
Future Fee - 1,200 x 16 units ............................. $ I 9,200
.... ....-...---.. .-....----r---------.....--.-............... ...._-_.. -..
Anticipated Project Fees - (in addition to assessments)
- South Shore Drive, Spring Lake Township
Jan-99
Item Description January Comments
1999
1 Water Meter Fee $ 125.00 S:".c.. C.ITY
2 Water Meter Inspection Fee $ 35.50 Cq I9.c. C/-ry
3 MCES SAC $ 1,050.00 w!f7& TOW~~
4 Prior Lake SMJf\NT $ 1.900.00 .
5 Prior Lake Trunk , $ 1,001.00 1;J.~!it:)O ~ $3,500 per acre
6 Township T AC $ 3,500.00 Preliminary
Total F='ees $ 7,611.50
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WSB & Associates, Inc. Confidential 1/28/99
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Page 1
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CAlIPBELL
~004
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SANITARY SEWER AND WATER
THIS AGREEMENT is entered into this day of ) 1998 by and between the
Spring Lake Township, a political subdivision of the State of Minnesota (hereinafter "Township ") and
the City of Prior Lake, a municipal corporation (hereinafter "City") for the construction and
maintenance of a sanitary sewer and water facility to serve certain areas in the vicinity of Spring Lake,
Scott County, Minnesota, and provides as follows:
RECITALS
WHEREAS. a Petition to Incorporate Spring Lake Township was filed with the Minnesota Municipal
Board (hereinafter the "MMB") by citizens of Spring Lake Township on May 15, 1997,
and
WHEREAS, the Petition for Incorporation of the Township was denied by the MMB on July 8, 1997,
as set forth in the Order of the MMB dated October 16, 1997; and,
WHEREAS, as a part of the proceedings before the MMB, on July 8th. 1997, the MMB took
jurisdiction over approximately 80 acres along the SO'uth Shore of Spring Lake depicted
in Exhibit A, attached hereto and incorporated herein, and legally described below as:
All that portion of Government Lot 3 and Government Lot 4. Section 9 Township
114 Range 22, lying north and west of the northerly right-of-way of State of
Minnesota Trunk Highway 13, aka Langford Blvd., aka Track F, R.L.S. 27. All
plats and subdivisions of record and also those subdivisions and plats which are
not of record. Including that P/O Government Lot 3 Lying W of Lot II, Pautz
2nd & .1A in Lots 2 &3. EXCEPT THAT PIa Government Lot 3 & com most
westerly corner of Tract F, RLS #27, NE 429.25', NW 672.25', SW to SW
Comer of Government Lot 3, E along S line to POB, approx 11.72 ac.; all as
records of the County Recorder of Scott County Minnesota.
and did initiate, by its own action, a proceeding to annex the area legally described above
into the City; and,
WHEREAS,
due to the high percentage of failing and non-colnpliant on..sire systems in the area of
South Shore Drive t the Mirmesota Pollution Control Agency has recommended that waste
water treatment ~e provided through the City at the Metropolitan Council's Blue Lake
Regional Wastewater Treatment Facility in Shakopee; and
WHEREAS,
the MMB has required the City, the Township and property owners along South Shore
Drive to Meet and Confer on three occasions. with the intent and purpose of requiring
the patties to negotiate a resolution of the annexation issues and septic system and water
problems in the South Shore Drive area; and,
WHEREAS,
providing municipal services to replace the non-conlpliant" septic systems on properties
along South Shore Drive is the environmentally responsible thing to do, and
SS606.11A (5/18/96)
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WHEREAS, the City compiled an Annexation Task Force Report ("Report") dated April 4, 1997,
which Report divides certain areas within Spring Lake Township that are the subject of
an Orderly Annexation Agreement into areas of study. One study area is demonstrated
as Areas 7E and 1F. This Agreement pertains only to certain portions within Areas 7E
and 7F; and
WHEREAS, the parties to this Agreement, along with the local Watershed District, have agreed that
correcting the sewer and water problems in the South Shore Drive area ultimately
benefits and protects Upper and Lower Prior Lake; and
WHEREAS, it is the City's practice to assess 100% of the cost to provide sanitary sewer and water
facilities to the benefitted properties and the City Council has expressed its opinion that
residents in the South Shore Drive area should be treated in a similar manner as City
residents are treated if the City were to build facilities to serve South Shore Drive
properties; and
WHEREAS, based on feasibility reports on the proposed project, the cost of the project will be less
costly if constructed as a Township project rather than a City project because a project
in the Township would not have to meet all City design srandards; and,
WHEREAS, the Metropolitan Council has advised the City and Township that the regional service
capacity used for provision of service to the subject area will not be deducted from
regional capacity allocated to the City as a result of this Agreement; and
WHEREAS, the proposed project is intended to provide an environmentally sensitive solution to an
inunediate problem rather than to encourage development, therefore, the Township
Supervisors have agreed to linlit the density of future development in Area 7 E ~ 7F
consistent with the Metropolitan Council's Regional Blueprint; and,
WHEREAS, the Township has received a petition under Mirm. Stat. 429 requesting delivery of sewer
and water services to the area, and bas proceeded to order plans and specifications and
incur other costs in anticipation of construction of sewer water and road improvements
as set forth in the: feasibility study; and
WHEREAS, the sanitary sewer and water facility referred to in this Agreement is intended to serve,
to the extent Connection Units are available, the service area depicted in Figure 3 of
Exhibit B.
Now, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for such
good and valuable consideration, the sufficiency of which is not disputed, the City of Prior Lake, Spring
Lake Township, and the Metropolitan Council agree as follows:
1. DeimitioDS. As they are used in this Agreement, the following terms shall have the meaning
given to them in this Section:
City shall mean the government of the City of Prior Lake, MiImesota.
S8806.1lA (5/18/98)
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06/03/98 WED 16:36 FAX 612 452 5550
CAMPBELL
~006
TownshiD shall mean the goverrunent of the Township of Spring Lake, Minnesota.
Co~ shall mean the government of Scott County, Minnesota.
Conn.ection Unit shall mean a residential or commercial building connection to the
Facility system or any independent sanitary sewer and water service line that would
utilize the Facility.
Facility shall mean the sanitary sewer, including lift stations, and water facilities to be
constructed by the Township and connected to City utilities to serve the service area
depicted as Figure 3 of Exhibit B.
M etroDolitan Council shall mean the agency created by Minnesota Statutes ~4 73.123.
Panies shall mean the City of Prior Lake and Spring Lake Township.
2. Purpose. The City and Township desire to provide an environmentally sensitive and responsible
solution to the problem of non-compliant and failing septic systems on certain properties along
South Shore Drive in Spring Lake Township. Non-compliant septic systems are one factor
resulting in an environmental threat to Spring Lake which flows directly into Upper Prior Lake.
Consequently, the waters of Upper and Lower Prior Lake are threatened if contaminates from
the nonacompliant septic systems pollute Spring Lake. Connecting the properties with non-
compliant or failing septic systems to municipal sewer and water will protect Spring Lake,
Upper and Lower Prior Lake and preserve the property value of the homes in the area served
by the municipal facilities.
The City and Township desire to enter into this Agreement whereby the City will provide the
Township with limited sanitary sewer and water capacity. The Area served by the Facilities
provided pursuant to this Agreement will be limited to maintain development densities consistent
with the Metropolitan Council's Regional Growth Strategy. This limitation will be implemented
by limiting the number of Connection Units permitted to connect to the Facility.
2.1 Recitals. The recitals set forth above are incorporated herein as if fully set forth.
2.2 Exhibits. Exhibits A and B referred [0 in the Recitals above are incorporated by
reference into this Agreement as if they were fully set forth herein.
3. Fees. As part of the consideration for permitting the Township to connect the Facility to the
City's sanitary sewer and water pipes7 the Township shall pay the following City fees:
City SAC and WAC per Connection Unit;
City Water tower fees per Cormection Unit;
City Sewer and Water Trunk Acreage Fees based on up to 80 Cotmection Units
x. 12)500 square feet.
"-
\.'
'-,'-. ;
3.1
Amount of Fee. The amount of the City fees shall be the same fee as that fee adopted
by the City Council and in effect citywide at the time the fee is required to be paid.
58B06.1lA (5/18/98)
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06/03/98 WED 16:37 FAX 612 452 5550
CAMPBELL
~007
3.2 Metropolitan Council Reserve Capacity Charges. In addition to the City fees set out
above, the Township shall pay directly to the Metropolitan Council all Reserve Capacity
Charges in the form of Service Availability Charges ("SAC") as determined by the
Metropolitan Council.
3.3 Payment of Fees Required. All fees set forth in this Paragraph 3 for those connection
units utilizing the system at the date of completion shall be paid upon completion by the
Township of the construction of the Facilities and before the Facility is operational.
4. Preliminary Desi~. The preliminary design of the Facility shall be in substantial accord with
the design outlined in the Preliminary Engineering Report of WSB & Assoc.iates, Inc. prepared
by Donald W. Sterna and dated November 14, 1997. A copy of this Preliminary Report is
incorporated by reference hereto as Exhibit B.
5. Plans and SDecifications. Prior to the commencement of construction of the Facility, it shall
be the obligation of the Township to provide to the City plans and specifications for the Facility,
prepared by a professional engineer licensed by the State of Minnesota. Such designs shall be
in accordance with the requirements of the City Public Works Design Manual, incorporated by
reference herein. The designs shall include a water metering facility of a type suffic.ient to
perform the metering of flow required by Paragraph 17.4 of this Agreclnent. The City shall
have the right to review and approve the plans and specifications for the Facility J said comments
to be received within fifteen (15) business days after submission of a complete set of the plans
and specifications to the City. The plans and specifications also shall be submitted by the
Township to 'the Prior Lake/Spring Lake Watershed District, Metropolitan Council, the
Minnesota Department of Health and Minnesota Pollution Control Agency for review and
conunent.
5.1 Change Orders. Any Change Orders during construction shall be submitted to the City
Engineer at least five (5) business days prior to approval by the Township. If the City
Engineer fails to comment on the proposed change order prior to such time as the
Change Order is before the Township Board for consideration, the City shall be deemed
to have concurred in the Change Order, in which case the Change Order will be deemed
to comply with the City's Public Works Design Manual. In no event shall the City be
liable in any manner for construction delays which may occur as a result of a Change
Order or the City's response thereto.
6. Necessary ADDrovals and Ri~bts-or-Wav. Prior to the conunencement of construction of the
Facility, the Township shall have commenced quick take proceedings to acquire necessary right-
of-way or have obtained construction easements and other necessary approvals for right-of-way
from persons and entities owning land or rights in land across which the Facility will be
constructed.
Prior to connection of the Facility to the City, the Township will apply for, satisfy and receive
all approvals and conditions required by the Metropolitan Council; including but not limited to
an amendment to their Comprehensive Plan and a Tier 1 and Tier 2 Comprehensive Sewer Plan.
M60lS.11A (5/18/98>
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141 008
6.1 Permits. Prior to the commencement of construction of the Facility, the Township must
obtain and provide copies to the City of necessary permits from the Prior Lake/Spring
Lake Watershed District; the Minnesota Department of Health for watennain
extension/construction; Scott County for utility and driveway permits; and the MiIUlesota
Pollution Control Agency for sanitary sewer extension/construction. A copy of the
Mirmesota Pollution Control Agency permit application for sanitary sewer
extension/construction shall also be forwarded to the Metropolitan Council.
7. InSDection Durine Construction. It shall be the obligation of the Township to provide for
adequate and customary construction observation and testing of the Facility during its
construction by inspection personnel under the direction of a profession.al engineer licensed in
the State of Minnesota in order to ensure that the constr'uction comports with the plans and
specifications described in Paragraph 5 of this Agreement.
8. Costs. The cost of all aspects of the design, construction and construction observation and
testing of the Facility including the costs of any oversizing to serve future expansion within the
Township shall be borne by the Township.
9. As-Built Drawin2S. Within three (3) months of completion of the Facility, the Township shall
provide As-Built Drawings, certified by a professional engineer licensed in the State of
Mirmesota, to the City and the Metropolitan Council and shall retain a copy of the same in the
records of the Township. The Township shall also submit the As-Built Drawings in electronic
format to the City in a format compatible with the City's current software, AutoCAD Release
13. If the As-Built Designs indicate that the Facility as constructed is not substantially in
conformance with the City Public Works Design Manual and the approved plans and
specifications and all modifications thereof) the City shall notify the Township in writing of the
alleged deficiencies. The Township Engineer and the City Engineer shall meet to detennine
whether such lack of conformity with the Design Manual or approved plans and specifications
is, in their professional opinion, substantial and whether the alleged deficiency will adversely
affect the City sanitary sewer and water systems. Minor deviations may be waived by the City.
The City will not unreasonably withhold waiving a minor deviation if the nature of the deviation
will not adversely affect the Facility and City systems. If it is determined that any
nonconformity is substantial and may, if not corrected, adversely affect the Facility or the City
system, the Township shall, after notice, promptly make the corrections to the system to bring
it into conformity. If the Township fails after reasonable notice to nlake the corrections
requested by the City, the City shall have the right to disconnect the Township Facility from the
City's sanitary sewer and water pipes.
'10. Ree:ional Limitations as Limitations on Township. The Township recognizes that certain
regional limitations in sanitary sewer capacity exist which might impact the capacity of sanitary
sewer which shall be available for allocation to the Township in the future. As such, the
number of individual cOIUlections to the Facility by the Township shall not exceed the number
approved by the Metropolitan Council in the Townships Comprehensive Sewer Plan or eighty
(80) Connection Units, whichever is smaller. Any increase in the number of Connection Units
authorized to connect to the Facility shall require an amendment to this Agreement executed in
writing by the panies.
58606.l1A (5/18/98)
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06/03/98 WED 16:37 FAX 612 452 5550
CAMPBELL
I4l 009
11. Reserved Capacitv Chare:e5. The Township agrees to pay the Metropolitan Council reserve
capacity charges (which presently takes the form of Service Availability Charges ("SAC")), or
any statutory successor to such charges, pursuant to Metropolitan Council regulation and policy.
Such payments will be made directly to the Metropolitan Council.
11.1 Future Connections. All furore Connection Units to the Facility shall be subject to the
payment provisions in Paragraph 3 and this Paragraph. Such payments shall be made
prior to actual connection to the Facility.
11.2 . Payment of Metropolitan Council and City Fees. Before the Facility is authorized to
connect to the City ~ the Township shall pay: (1) the Metropolitan Council reserved
capacity charges, at the then-prevailing rateJ for the number of Connection Units
connected to the Facility and (2) the City SAC, WAC, Water Tower and Trunk acreage
charges, at the then prevailing rate, for the number of Connection Units actually
connected to the Facility_
12. Notice to Parties. The Township shall provide to each of the Parties to this Agreement 30
days' notice of properties connected to, or to be connected to the Facility. The notice shall
identify the owner, address and legal description the property(ies) to be added.
13. Maximum Flow Permissible. The Township shall be entitled to discharge from its sanital)'
sewer flow from up to, but not more than the number of Connection Units authorized in
Paragraph 10 of this Agreement. The right to discharge sanitary sewage which the Township
obtains under the terms of this Agreement, and the amount of capacity which the Township has
the right to use is obtained exclusively by the Township for use by the properties identified and
no portion, allotment, apportionment or share of the rights so obtained by the Township may
be assigned, allocated by the Township to any property outside of the service area depicted in
Figure 3 of Exhibit B.
14. Reeiooal Bluenrint. The Township will not request and the City will not consent to any
increase in Connection Units, above the eighty (80) pr.ovided for in this Agreement, if such all.
._i!!~r~~~~ would p~rroJt development densities that are inconsistent.. withtl1e MetJ:oppJit~'(L
Council's RegIonal Blueprint.
15. Ownershin of the Facilitv. Upon completion of the Facility, the Township shall retain all right,
title and interest in and to all portions of the Facility which lie within the Township, and the
Township shall convey to the City all of the Township's right, title and interest in and to the
portions of the Facility, if any. which lies within the City.
16. Annexation. The City agrees not to initiate or support annexation proceedi.ngs involving any
properties served by the Facility for the next twenty (20) years or until all assessments have been
paid whichever period is less. Twenty (20) years is the projected term of debt instruments
associated with the fmancing of the Facility.
17. Use.. Mo:nitorine: and Maintenance of the Facilitv. The Parties agree that the following actions
are necessary to monitor and maintain the Facility and its use:
17.1 Township Ordinance. Metropolitan Council Rules. The Township will adopt an
58SG5.1lA (5119/98)
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CAMPBELL
14I 010
17.2
17.3
17.4
Ssa06.1lA (5/16/98)
Ordinance which supplements and aids the enforcement of the Waste Discharge Rules of
the Metropolitan Council, but which will not preempt those Rules. It is the express
agreement of the Parties that the Waste Discharge Rules of the Metropolitan Council
(including the Metropolitan Council's strength discharge provisions) shall apply to users
of the Facility within the boundaries of the Townsrup. The use of the Facility' shall be
in all respects consistent with the provisions of the Permit for the Construction and
Operation of a Disposal System) issued to the Township by the MPCA, and shall also
be consistent with the terms of the Ordinance which incorporates and applies with full
force and effect the provisions of the Permit.
Prior Lake City Code. The Ordinance to be adopted by the Township shall also
incorporate the provisions from the Prior Lake City Code as may be amended from time
to time attached hereto as Exhibit "CII. Any future amendments to the Prior Lake City
Code relating in any malUler to sanitary sewer or water, which apply to City residents,
shall also apply to Township residents served by the Facility. The City shall provide the
Township Clerk with notice of any such Code provisions. Upon receipt of notice from
the City, the Township shall provide to its residents served by the Facility notice of said
Code provisions. The Township shall be responsible for enforcement of said City Code
provisions for' its residents connected to the Facility. Failure to enforce said Code
provisions shall be considered a breach of this Agreement.
By execution of this Agreement, tbe Township agrees that it will take no action to
rescind or modify the Ordinance before it has provided written notice of such action to
the City. the Metropolitan Council, and the Prior Lake/Spring Lake Watershed District,
not less than thirty (30) days in advaFlce of any proposed action by the Township Board
to rescind or amend the Ordinance.
Sump Pumps. No roof ronoff, sump pump, subsurface or surface water drainage shall
be connected to the sanitary sewer. All sump pump discharge systems shall have a
permanently installed discharge line, which shall not at any time discharge clear water
into the sanitary sewer system. The sump pump discharge system shall consist of a rigid
discharge line, without valving or quick connections for altering the path of the
discharge.
Access For Inspections. The Township will grant access at reasonable times and upon
reasonable notice to the City and the Metropolitan Council to its sanitary sewer and water
hookup records in order to permit the City and the Metropolitan Council to verify that
an City Charges and the Reserved Capacity Charges paid by the Township are accurate.
Metering. The Township agrees to install, maintain a flow meter on the water main
cormection, and monitor meters for water usage at each residence connecting to the
system. Said meter will be read periodically and the results will be provided to the City
for purposes of billing for services. The Township shall be responsible for the costs of
acquisition, installation and nlaintenance of the electronic controls and metering devices
for the flow. The meter shall be read and reported to the City on a routine basis during
the 1st ten (10) days following the City's billing statement date (i.e. 2/1,4/1, 6/1, 10/1,
& 12/1 billing cycles) by representatives of the Township and reported to the City.
7
06/03/98 WED 16:38 FAX 612 452 5550
CAMPBELL
141 011
17.4.1
Payment of Fees to Cir.v. The City shall bill the Township based on the
flow reported at the prevailing City sanitary sewer and water rates in
effect at the time. The Township shall be responsible for determining and
implementing a method to bill and collect fees from individual properties
connected to the Facility within the Township. Payment to the City shall
not be dependent on the Township collecting fees from the individual
properties connected to the Facility.
17.4.2.
Estimated Usage Perinitted. During periods when the metering device is
out of operation the flow from the Township shall be estimated based
upon the average prior usage method applicable to all estimated City
customers.
17.5 Maintenance of the Facility. The City shall be responsible for all regular ongoing
maintenance of the system at the same level as other facilities within the City, and as
reflected in the fee charged for services. The Township shall be responsible for any
replacement or repair to the system beyond regular nlaintenance. Regular nlaintenance
means flushing. jetting and main bread repairs. The City shall provide a semi-annual
watermain flushing. In the event of water or sewer main breaks. the Township shall
notify the City immediately of the situation. Service requests and complaints shall be
received and handled by the Township. The City may, on occasion, at its discretion and
upon the requesr of the Township provide maintenance service, over and above that
identified herein, to the Facility on a fee for service basis. If the City agrees to provide
service, the scheduling thereof is at the discretion of the City.
18. Service. The City shall provide regular and uninterrupted service except fOT periods of regular
maintenance, and except for events not within its control including) but not limited to, flood,
natural disasters, or other natural events beyond the control of the City, which includes actions
of the Metropolitan Council.
19.1 Remedies For Breach. Payment or Service. Bv Township. In the event the Township
breaches the provisions of this Agreement setout in Paragraphs 3, 10, 11.1. 13, 14 or 17 the
City shall provide the Township with written notice of the breach and provide the Township with
thirty (30) days to cure the breach. Failure to pay charges due to the City shall be considered
a breach of this Agreement. If the Township fails to cure the breach within the time specified,
the City may disconnect the Facility from the City sanitary sewer and water pipes. This in no
way limits the City from pursuing other remedies available to it at law or equity. It is
understood by the Patties, however, that the City retains the right to shut off service in
accordance with its policy in emergency cases.
19.2 Bv City. In the event the City breaches the provisions of this Agreement setout in Paragraphs
17.5 or 18 the Township shall provide the City with written notice of the breach and provide
the City with thirty (30) days to cure the breach. If the City fails to cure the breach within the
time specified the Township may seek injunctive relief, including costs, disbursements and
attorneys' fees. This in no way limits the Township from pursuing other remedies available to
it at law or in equity.
sa806.1lA (5118/98)
8
06/03/98 WED 16:39 FAX 612 452 5550
CAMPBELL
14:1012
20. Remedies. Each right, power or remedy herein conferred upon the City and the Township are
cumulative and in addition to every other right) power or remedy, express or implied, now or
hereafter arising, available to City or Township at law or in equity, or under any other
agreement, and each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
the City or the Township and shall not be a waiver of the right to exercise at any time thereafter
any other right, power or remedy.
21. Notice. Notice provided under this Agteement shall be in writing) signed by the officers
signatory to this Agreement or their successors and shall be sent by Certified Mail, Return
Receipt Requested, to the Parties at the following addresses:
To the Township:
Spring Lake Township
15870 Franklin Trail SE, #104
Prior Lake, Minnesota 55372
ATTN: Town Clerk
To the City:
16200 Eagle Creek Avenue S.E.
Prior Lake, MilUlesota 55372-1714
Attention: City Manager
22. Hold Harmless And Indemnification. The Township of Spring Lake hereby indemnifies and
holds the City harmless from any and all causes of action or claims arising out of or in
connection with the Facility or this Agreement. The Township further agrees to indemnify the
City against, and hold them hannless from those claims, liabilities, demands, damages, costs and
expenses arising out of negligent or willful actions by the Township, its employees or residents
which result in penalties imposed against the City, whether by federal, state or local
govenunental units, for violations of permits which are required for the City or the Metropolitan
Couu.cil to continue operation of the sewer and water facilities to which the Township is
connected.
The City of Prior Lake hereby indemnifies and holds the Township hannless fTom any and all
causes of action or claims arising out of negligent or wilful actions by the City in connection
with services provided pursuant to this Agreement.
23. Jurisdiction. This Agreement shall be governed by the laws of the State of Minnesota.
24. Successors And Assi2D$. The rights, privileges and obligations of the Parties under this
Agreement are intended to, and shall remain in full force and effect and shall bind any successor
agencies or entities to which the authorities and obligations of the Parties may be assigned by
law.
26. Effective Date. The Agreement shall be effective upon all of the following having taken place:
(a) this Agreement having been approved by Resolution of the Township Board and by
Resolution of the City Council and (b) this Agreement having been signed by all of the officers
designated as signatories below.
9
58806.1lA (5/18/98)
06/03/98 WED 16:39 FAX 612 452 5550
f;~.r!~11
14J01j
l4J D 28
of the Paolllr;y ar the lIl"J1Qunt of the aW~ af the bid far eanstructiol1 of me Facility_ 1be
Adminisuative Fee Ihal1 be paid to the Ci~ prior ta eoxmectioD of the Pacility to Ilu: City
iam~ry .ewer and water pipes.
28. JlecqrdiR. This Agrcemcm sball be reccrdec1lLgaimt all ptapcrties in the servic:e .rea depicted
in Fi,gure 3 of Hxh1bit C at the T owmbip' S sole cait a%2d DXpCnsc~ "I'.l:u= puIp&:lSC of Ebb recording
praviJi011 is to iD.sure that the owner- of pl'Opcny in the servk:c SJ:'ea depicted in FfIw'e: 3 of
P.xhibit C have J:lar.ice that the lI1IIIJber of CODnCCtioD Umts alloWahle under this AgreeJ:tJ.enr is .
litrUttd to the munbcr authorized in Paragraph 10 of this Agreement.. Tbe ~~c:ce U1dlor
recozdirJg of this Agreement apinJt a p~ prDp-=rty is IlOt intended to guarantc&: or cmille
that a putic:nlar property wiD be c"nnecf~ to the Fac:ility.
29. ])ul)1icate Ori~als. This A,I'RCIDCIlt may be eucuted in any number of counterparts. eaeh
of whic:h shall be deemed. fo be an ariglnd. ~t aU of wbJc:h shall canstiIubl a~ and. the Jame
instl'Ument.
.1M '\V1T1US.S WBKIQf.OF. the panlea hereto have executed this Agreement the! day and year first
hereinabove writb:D. .
Spri!J.g Lake ToWllddp
:!s::~tli n~
~~::'~~~( .a ~
City or Prinr Lake
By:
By:
THIs IMsn'UM~ WAs DJr..e.;Frep By:
CAMPBELL :KNUTSON. P .A.
311 Eagandale Office: Ce=r
1380 COIpOfIlk: CcuIcr Cun-c:
BagaJ:l. MN 5S121
SLP:kgm
S88D6. D3 (4/211981
10
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CAMPBELL
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STATE OF MINNESOTA )
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COUN1Y OF.ru-- )
dilizforeJ:~~ W!Jtlmcnt ~. ^~~w1~ed bcfOrc~this · I dQ' of
~. . 15191" by . '!!!!!1t1~ ail.d 00_ ~ . . rile
r. uu! ~ J respt:c:ri-vcl1, cfS Lake Towasbip. a Mi!xQesata
mUDicipal cQxpon.tion. on behalf of tile ~QI1ltian 8J1d pursUUlt to the authority granted by the
Tcwnship-
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STATE OP MINNESOTA )
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COUNTY OF SCOTT
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