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D-3. U of M Bee Center Approve JPA with Chaska0 CITY OF MEMORANDUM n C�NU�CC "'SE N luue "u' TO: Paul Oehme, Director of Public Works /City Engineer 7700 Market Boulevard nt PO Box 147 FROM: Alyson Fauske, Assistant City Engineer VA Chanhassen, MN 55317 DATE: September 14, 2015 Administration SUBJECT: University of Minnesota Bee Center: Approve Amendment to Joint Powers Fax: 952.227.11110 1100 Phone: 952.22 Agreement with the City of Chaska Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us PROPOSED MOTION "The City Council approves the Amendment to the Joint Powers Agreement with the City of Chaska to allow the City of Chaska to provide sanitary sewer and water service to PID 250170300." City Council approval requires a simple majority vote of the City Council present. In 1992, the City of Chanhassen entered into a Joint Powers Agreement with the City of Chaska which identified four areas within Chanhassen that would be served by Chaska sanitary sewer and water system. The University of Minnesota is proposing to install a Bee Discovery Center on a property located east of West 82 °d Street. The property is within Chanhassen city limits, however, this area of the city is served by Chaska's sanitary sewer and water. The University's consultant team has determined that it is not economically feasible to extend Chanhassen utilities to this property: the distance from the property to Chanhassen water and sanitary sewer is over 2,200 feet and 3,100 feet, respectively. 6 Subject property Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme U of M Bee Center: JPA September 14, 2015 Page 2 At this time, Chaska does not have capacity in their sanitary sewer to allow the Bee Discovery Center to connect. The University of Minnesota will install a septic system to serve the site. The proposed Amendment to the Joint Powers Agreement allows for the subject property to connect to Chaska sanitary sewer in the event that improvements to the sewer line will provide capacity and allow for the Bee Discovery Center to connect to Chaska's sanitary sewer system. Chaska utilities are within the vicinity and the Chaska City Council has approved the amendment to the Joint Powers Agreement to provide service to this property. Attachments: 1. Joint Powers Agreement 2. Amendment to the Joint Powers Agreement c: Wycliffe Waganda, University of Minnesota (via email) \ \CFS5 \cfs5 \Shared Data \ENG\PROJECTS \UofM Arboretum Bee Center\20150914 approve JPA amendment.docx �{ t gin J J V5 F414W F-, t e 9-7- / & CHANHASSEN /CHASRA JOINT WATER AND SANITARY SEWER AGREEMENT This Agreement made and entered into 1992, by and between the City of Cha tion organized under the laws of the referred to as "Chanhassen ", and the corporation organized under the laws herein referred to as "Chaska ". this 13th day of July nhassen, a municipal corpora - State of Minnesota herein City of Chaska, a municipal of the State of Minnesota, RECITALS Both Chaska and Chanhassen operate municipal sewer and water systems serving their respective communities_ The Metropolitan Waste Control Commission provides for treatment and disposal of sewage collected in both communities. Based on the Comprehensive Plan of both communities it is economically advantageous for a portion of the land area within Chanhassen to hatre water and sewer service provided through the Chaska utility systems. The purpose of this Agreement is to provide terms and conditions for this joint usage. The communities pursuant to Minnesota Statutes 471.59 have authority to enter into a joint powers agreement for utility services. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the parties as follows: Section 1. Affected Area - Chaska agrees to allow Chanhassen to connect at its option to the Chaska water and sanitary sewer mains to serve land area within Chanhassen identified in Exhibit A. The limits of the service area will be that area that can be served by gravity sanitary sewer. Section 2. Connection Costs - All costs associated with connect- ing to Chaska mains will be borne by Chanhassen or passed onto the land owner at the option of Chanhassen. Section 3. Plan Approval - Chanhassen shall submit to Chaska detailed plans and specifications showing location of the water and sanitary sewer lines and detailed specifications on the connection. Chanhassen shall comply with the City of Chaska's standard design specifications for water and sewer main construc- tion. Section 4. Connection Fees - Chanhassen agrees to pay the appli- cable water and sewer acreage and connection fees provided for in the Chaska City ordinances at the time of connection at the time of issuing building permits for the affected property. Section 5. Billing - Chaska agrees to bill property owners connecting to its sanitary sewer and water systems monthly charges consistent with Chaska sewer and water ordinance in place and that is charged to other similar customers. Chanhassen agrees to provide quarterly water usage data to Chaska for any customer utilizing sanitary sewer service only. Section 6. Delinguent Bills - Chanhassen agrees to certify for collection with property taxes any delinquent water and sewer bills submitted to them by Chaska that are unpaid for 30 days or more. Section 7, Permits - Chanhassen agrees to obtain the necessary Metropolitan Waste Control Commission, Minnesota Pollution Control Agency, or other State or Regional permits required prior to completing the utility connections. Section 8. Land Use Consistent with Comprehensive Plan - It is agreed that this Agreement is conditioned upon the land use of properties identified in Exhibit A being consistent with the Chanhassen Comprehensive Plan in force on June 1, 1992. If Chanhassen or the land owner propose land uses inconsistent with the June 1, 1992 Comprehensive Plan, Chaska would have the right to review and approve the modified land use prior to connections. Section 9. Usage - The average daily water usage will be no more than 2,000 gallons per acre per parcel and the average daily sewer discharge will not exceed 1,500 gallons per acre for the areas identified as Parcel 1, 2, and 3 in Exhibit A. Section 10. Maintenance - Chaska shall be responsible for maintaining all public water and sanitary sewermains serving the affected property at its cost. Private property owners shall be responsible to maintain facilities that are required by Chaska ordinances or policy to be private facilities. Section 11. Notices - Any notice or other communication into this Agreement by either party to the other shall be sufficiently given or delivered after it is dispatched by first class mail, postage prepaid or delivered personally to: City of Chanhassen, City Hall, Chanhassen, Minnesota 55317 City of Chaska, City Hall, One City hall Plaza, Chaska, Minnesota 55318 Section 12. Binding Effect - This Agreement shall bind on the assessors and assign of the parties hereto. Section 13. The area in Chanhassen would only be permitted to connect upon completion of the Chaska /Chanhassen Interceptor Project which will provide additional capacity to the Chaska collection system. IN WITNESS THERE WHEREOF the parties hereto have caused these presence to be executed the day and year first above written: T - 649— City Manager NtZZ;L is ii r XD re AMENDMENT TO JOINT POWERS AGREEMENT AGREEMENT made this day of , 2015 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Chanhassen "), and the CITY OF CHASKA, a Minnesota municipal corporation ( "Chaska "). RECITALS WHEREAS, Chanhassen and Chaska entered into a Joint Powers Agreement dated July 13, 1992 for water and sanitary sewer service ( "JPA "); and WHEREAS, Minnesota Statutes, Sections 471.59 and 471.656, as amended (collectively, the "Joint Powers Act "), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. NOW THEREFORE, in consideration of their mutual covenants and obligations, the parties hereto agree as follows: 1. The JPA shall remain in full force and effect except as specifically amended by this Amendment to the JPA ( "Amendment "). 2. Exhibit "A ", referenced in Section 1 of the JPA, is replaced by the Exhibit "A" attached to this Amendment. IN WITNESS WHEREOF the parties have caused this agreement to be executed on the day first written above. CITY OF CHASKA CITY OF CHANHASSEN Mark Windschid, Mayor Matt Podhradsky, City Administrator 183173vl Denny Laufenburger, Mayor Todd Gerhardt, City Manager EXHIBIT "A" 183173vl