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06-964Council Flle # 9� Green Sheet # 3033089 RESOLIfTION � CITY OF,SAIN� PAUL, MINNESOTA Presented by 1 Whereas, The Metropolitan Council Environmental Services has declared that their sanitary sewer 2 interceptor known as 1-SP-214 no longer meets their criteria as a regional interceptor; and 3 4 Whereas, by law the Metropolitan Council Environmental Services must either abandon it or transfer 5 ownership of the interceptor to St. Paul; and 6 7 Whereas, Public Works determined that the interceptor is beneficial to St. Paul as part of St. Paul's 8 sanitary sewer system and recommends that 5t. Paul accept the transfer of the interceptor; and 9 10 Whereas, both St. Paul and Maplewood contribute sanitazy flow to the interceptor; and 11 12 Whereas, Maplewood and Public Works have now reached an agreement on conditions of the 13 interceptor'sjoint use. 14 15 Now, therefore be it RESOLVED that St. Paul enter into an agreement with Maplewood for the joint use 16 of the sanitary sewer interceptor and authorize city officials to execute the agreement. Requested by Department of: �; s�rl% ������ Form Approved by City Attom�e BY� Y�I1d(.�. �. (/�� Adoption Certified by Coun � Secretary Form Appro��yor f �. bmis ' n to �ouncil BY� ' ��ir SY � � Appro ed ay . Date 1 �� ��— �o By: Adopted by Council: Date /l/�j,(////� : i--�— � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � d� �� ? PW PublicWOxks Contact Person & Pfione: Mike Kassan 26fi-6249 on Council Agenda hy (Date): Doc. Type: RESOLUTION E-UocumentRequired: Y DocumentContad: Mikel(�san Contact Phone: 266-6249 Date IniEiafed: 26SEP-06 N Assign Tfumber For Routing Order Total # of Signature Pages _(Clip NI Locations for Signature) Green Sheet NO: 3033089 0 �ubl' Work fie T7tiliriIVL a e� L 1 �Publi Works benar�entAccomfan 2 'cW I Dicector � 3 e Attorn 4 or's O� or 5 undl i oun ActionRequested: -,_.___...__ ______.___.___ ._..�_.—______.--_..__.____,___'__ Approve the attached resolution authorizing Szint Paul. to enter into an agreement with Maplewood for the joint use of sanitary interceptors being reconveyed to Saint Paul by the Metropolitan Council Environmental Services (MCES) and authorizing proper city officials to siga the agreement. . Must Mswer the Following Questions: Planning Commission 1, Has this persoNfirm e�er}mrked undera cont2ct forthis department? CIB Cammittee Yes IS� CiHI Service Commission 2. Has this person/firm e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not rwrtnally possessed by any current city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): MCES has declared that two of their sanitary sewer interceptors located in Saint Paul no longer meets their criteria as a regional interceptor because their flow is less than 20Q000 gallons per day. By state law, these interceptors must either be reconveyed or abandoned. Since 5aint Paul conhibutes significant flow to thezn, it is in the best interest of Saint Paul to accept tLe ownership transfer of tl�e interceptor sewers. Maplewood conhibutes sanitary sewer flow to one of the interceptors and the two communities have come to an ageement regaz�diug The joint use of fhe shazed sewers. Advantages IfApproved: Maplewood will reimburse Saint Paul for the maintenance of the joint use of the sewers. _ �"F'�`'" `� v� Disadvantaves HApproved: ' I3one � � Z�Qr� � f' : Disadvantages If NotApproved: Saint Paul would have to bear the entire cost of maintaining the reconveyed sewer. Total Amount of Trensacfion: Fundiny Source: Financial Infortnation: (F�cplain) CosURevenue Budgeted: � . ��T (� � Z�o� ����� �������� ActivitVNumber: - � �.� � ' �h � �^ � e; G- � sEa F �, W f�l'��j;i � September 26, 2006 837 AM Page 1 o � -�� � Agreement Between the Ciry of Saint Paul ���� W ; � �� N p�'e ; Df �� �t�'�rc S and the s � t � g 5 � r eern � City of Maplewood p�/c:� � i s �p��av� - This agreement ("Agreement") is dated this day of September 2005 by and between the CITY OF SAINT PAiJL, a home rule charter City under the laws of the State of Minnesota, (hereinafter refened to as "ST. PAiJL"), and the CITY OF MAPLEWOOD, a municipal coaporation of the State of Minnesota (hereinafter refeired to as "MAPLEWOOD"). WHEREAS, The Metropolitan Council Environmental Services has declared that their interceptor known as 1-SP-214, as described in Exhibit A(hereinafter referred to as "INTEACEPTOR"), no longer meets their criteria as a regional interceptor because its flow is less than 200,000 gallons per day; and WHEREAS, by law the Metropolitan Council Environmental Services must reconvey the interceptor to St. Paul and; WHEREAS, the Metropolitan Council Environmental Services has agreed to make repairs to the interceptor so that it is reconveyed in good condition, and WHEREAS, both St. Paul and Maplewood contribute sanitary flow to the interceptor, and WHEREAS, St. Paul has agreed to accept ownership of the interceptor. NOW, THEREFORE, this agreement is intended to establish the conditions of the interceptor's joint use by St. Paul and Maplewood and they hereby mutually agree as follows: 1. St. Paul does hereby grant permission to Maplewood to allow Maplewood Sanitary Sewer Districts 33(S) and 35(S) that currently drain into the interceptor at the locations shown in Exhibit B to continue to do so in exchange for Maplewood's sharing of maintenance and �F replacement costs of the interceptor. 2. The Maplewood sewer system to be connected to the St. Paul sewer system shall be used solely for'the purpose of conveying sanitary sewage. Maplewood shall not permit storm water, clear water or inflow and infiltrarion exceeding standazds set by the Metropolitan Council Environmental Services to be connected to the interceptor. 3. Maplewood shalL save St. Paul harmless from any damage, cost or expense; and fully indemnify St, Paul against any and all liability sustained by reason of the connection, or the maintenance of connecrions hereunder, between the public sewer system of Maplewood and the public sewer system of St. Paul by reason of any damage, cost, expense or loss that may be sustained by Maplewooc3, its inhabitants or any other person or persons connected with the use of Maplewood's public sewer system, or by diversion into Maplewood's public sewer system of roof water or storm water drainage. This agreement is entered into pursaant to all of the terms, provision and conditions of Chapter 80 (Sewer Contracts, Suburbs) of the Le�slative Code of St. Paul. 4. It is agzeed between the parties hereto that the Metropolitan Council Environmental Services (MCES) shall esrimate the amount of sanitary sewage attributable to the Maplewood properties hereby authorized to be connected to the newly reconveyed . interceptor, and shall accordingly charge Maplewood for its propoztionate cost of sewage treatment, conveyance in MCES interceptors, and related costs in its annual billings. Maplewood and Saint Paul shall cooperate with, and provide all necessary informarion to the Metropolitan Council Environmental Services so as to pernut the proper billing to Maplewood and credit to Saint Paul for its sewage. 5. Maplewood agrees to annually reimburse Saint Patil an amount equal to the sum of the products of the distance of each joint-use sewer segnent, times the percentage of flow originating within Maplewood to the total sewer flow, times an annual sanitary sewer maintenance cost per mile, as established herein. Exhibit C tabulates the Maplewood flow to total ftow percentage for the various segnents of the joint-use sewers based on calculated Residenrial Equivalent Connection (REC) units. Should the use of these percentages be unsatisfactory as basis of maintenance cost apportionment to either party, then they may be superseded by a revised deternunation of REC units or field checks of Page 2 ��-��� actuai flow rates_ Exhibit C also tabulates the proportionate mileage of joint-use sanitary sewer on which Maplewood's annual reimbursement to Saint Paul is based. 6. On or before February 1 of each year, Saint Paul shall submit to Maplewood documentation of the St. Paul Department of Public Works Sewer Maintenance annual budget and summation of mileage of sewez, irrespective of size or type. The annual sanitary sewer maintenance cost urilized for the purposes of this agreement, shall be the annual Saint Paul Department of Public Works Sewer Maintenance budget ($5,770,568 for 2006), divided by the mileage of sewer within Saint Paul (1254 miles in 2006) times ll0 percent, to account for other administrative, depreciation, and related overhead expenses not included within the sewer maintenance division budget. For 2006, the annual maintenance cost per mile is agreed to be $5062. Mapiewood shall make payment to Saint Paul within thirty days of receipt of invoice for the maintenance-cost sharing amount as determined by the basis set forth in this ageement for the current calendar year. 8. In the event that it is necessary to reconstruct or replace part or all of the existing joint-use sewers, Maplewood will recompense Saint Paul based on the percentages of Maplewood's flow as show in Appendix C for the segments to be reconstructed or replaced. If replacement is needed because Maplewood wishes to convey additional flow, that cost will be paid by Maplewood. 9. This agreement shall be permanently binding on both parties unless it is ternunated by mutual consent, or in the event that sewerage facilities that allow a connection to the Metropolitan Council Environmental Services interceptor system within Maplewood become available and obviates the stated purpose of this agreement. Page 3 IN WITNESS WHEREOF, the parties have executed this agreement on this day of September 2005 CITY OF MAPLEWOOD By: Approved as to form by legal counsel City Manager � Mayor CITY OF SAINT PAUL � Approved as to form by Assistant City Mayor Attorney And: City Clerk And: Director of Public Works And: Director of Finance Page 4 r��-q�� �:� ; �, LOCATION OF METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES' INTERCEPTOR 1-SP-214 Note: the portion of 1-SP-214 that MCES is reconveying to St. Paul begins at Larpenteur Avenue approximately 204 feet west of Howard Street and ends at the intersection of White Bear Avenue and Hoyt Avenue. EXFIIBIT B LOCATION OF MAPLEWOOD'S SAIVITARY SEWER CONNECTIONS TO THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES' INERCEPTOR 1-SP- 214 AND T'HE AREA IN MAPLEWOOD CLJRRENTLY SERVED BY THE INTERCEPTOR �- i .�: ;..� 's3 �¢ .� ; _: , =---�- . : ; ii � �Y �n. _ i _ _. . f � � i-' 4 ' " _ _\ ' � � � . : � _ '�_�_ _ � � a v m District 33 (S) connects to the interceptor at the intersection of Beebe Road and Larpenteur Avenue. District 35 (S) connects to the interceptor in Larpenteur Avenue at a manhole approximately 204 feet west of Howard Street. , -� — -, � 34 (S) , , - sz � North St. Paul D(�-q�� EXHIBIT C JOINT USE SEWERS AND PERCENTAGE OF FLOW The following table shows the percentage in 2005 of Maplewood's sanitary sewer flow entering the reconveyed Metropolitan Council Environmental Services' interceptor known as 1-SP-214. F1ow from Maplewood includes their Sanitary Sewer Districts 33(S) and 35(S). The Equivalent Maplewood Mileage is calculated as a factor in deternuning Maplewood's annual cost for using this section of St. Paul's sanitary sewer. Sewer Segment (Maplewood's REC) Maplewood's Segment Equivalent (Total REC) Share % Miles Maplewood Mileage Larpenteur Ave. from 60 78% 01492 0.1164 Upstream end to Beebe 17+60 St. Larpenteur Ave. from 98 79% 0.1788 01413 Beebe St. to Ruth St. 26+98 Ruth St. from 98 Larpenteur Ave. to 104+98 49% Q 2487 0.1219 Hoyt Ave Hoyt Ave. from Ruth 98 3Q% 0.2547 �.0764 St. to Hazel Ave. 228+98 Hoyt Ave. from Hazel 98 27% 0.2392 0.0646 Ave. to White Beaz 261+98 Ave. i otai Maplewooa lvllteage = u.sZU6 Note: The Metropolitan Council Environmental Services defines a REC as the sanitary sewer volume (80,000 gallons per year) generated by a typicai residential connection. EXHIBIT D NUMBER OF HOMES AND OTHER PROPERTIES CONNECTED TO 1-SP-214 For St. Paui• Laxpenteur Ave from the upstream end of 1-SP-214 to Beebe Street: Five homes plus Hillcrest Country Club. 5 homes In 2004, the Hillcrest Country Club used 957,440 gallons of water. This amounts to: 957,440 Qal = 12.0 REC 80,000 gal/REC Total: 17 REC Larpenteur Ave from Beebe St. to Ruth St.: 9 homes Totai: 4 REC Ruth St. from Larpenteur Ave to Aoyt Ave. includes the following: Ruth St. from Larpenteur to Hoyt Ave.: 18 homes California Ave from Furness Pkwy to Ruth St.: 23 homes Idaho Ave from Furness Pkwy to Ruth St.: 17 homes Iowa Ave from Furness Pkwy to Ruth St.: Hoyt Ave from Furness Pkwy to Ruth St.: 9 homes 11 homes Total: 78 homes (78 REC) Hoyt Ave. from Ruth St. to Hazel St. includes the following: Hoyt Ave. from Ruth St. to White Bear Ave.: Hayden Heights Community Center *: David St. from Califomia Ave. to Hoyt Ave.: Luella St. from Larpenteur Ave. to Idaho Ave.: Idaho Ave. £rom David St. to Darlene St.: Dazlene St. from Larpenteur Ave. to Hoyt Ave.: Hazel St. from Larpenteur Ave. to Hoyt Ave.: 26 homes 0.4 REC 14 homes 16 homes 4 homes 29 homes 35 homes Total: 124 homes + 0.4 REC (124.4 REC) . (�l� -9L? � I��:�:� 1�1�ZK�7►I�YI�111�1: '� In 2004, the Hayden Heights Community Center used 34,408 gallons of water. This amounts to: 34,408 �al = 0.4 REC 80,000 gaIBEC Hoyt Ave. from Ruth St. to White Bear Ave: 33 homes Total: 33 REC For Manlewood• District 33(S): Larpenteur Ave. from McKnight to Ruth 6 homes Beebe Rd. from MH 3 to Larpenteur Ave. 5 homes Mounds Pazk Academy: Average flow for 2003 & 2004 is 2,134,700 gal/yr 2,134,700 ¢al = 27 REC 80,000 gaUREC Total: 38 REC District 35(S) dischazges into 1-SP-214 at its upstream end: Larpenteur Ave. from MA 6 to MaKnight McKnight Rd. from Ripley to Larpenteur Cuzrie St. from cul-de-sac to McKnight Montana Ave. from Lakewood to McKnight Hoyt Ave. from cul-de-sac to McKnight McKnight Rd. from Montana to Larpenteur Total: 7 homes 9 homes 13 homes 18 homes 9 homes 4 homes 60 homes (60 RECs)