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HomeMy WebLinkAbout9B - Wetland 169 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: JULY 2, 2001 9B SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING A STORMWATER MANAGEMENT PLAN FOR MINNESOTA DEPARTMENT OF NATURAL RESOURCES WETLAND #169 AND AUTHORIZING A CHANGE ORDER AS PART OF THE 2001 IMPROVEMENT PROJECT (CITY PROJECT #01-11) DISCUSSION: History As part of the City of Prior Lake's 2001 Capital Improvement Program, the area known as Frog Town is undergoing infrastructure improvements. The project area is located between Credit River Road on the south, C.R. 44 on the north, T.H. 13 on the west and Jordan Avenue on the east. Runoff from the project area flows west into a land-locked basin, MnDNR Wetland #169 located in Lakefront Park. In the recent past, the wetland has experienced fluctuating water levels. Due to the minimal elevation differences of the pond and the Frog Town area, when the wetland levels are high, water backs up into Frog Town properties. The intent was to address this drainage issue when the Frog Town streets were reconstructed as part of the 2001 Improvement Project. An outlet for this pond will allow a normal water level to be established, thus reducing the amount of water level fluctuation. Current Circumstances This past spring the City applied for a Watershed District permit that would allow an outlet to be installed on the wetland. On April 5, 2001, the District granted the City a conditional permit, under the stipulation that the lost storage volume, 30 acre-feet, be provided elsewhere in the District. The City was unable to identify an area or areas where the full amount of retention storage required could be developed and 16200rliaEJI~reekAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. ---''-1 '1 FINANCIAL IMPACT: ALTERNATIVES: OUTLETPLAN requested an amendment to the pemlit. The request was to use a different method be used to determine the amount of compensatory retention storage required. Under the altemate method, 21.7 acre- feet rather than 30 acre feet of storage would be required. At the June 12, 2001 Prior Lake/Spring Lake Watershed District (PLSL WD) meeting it appeared that the pennit would not be approved due to the fact that a portion of the proposed compensatory storage was developer-dependent. Therefore, City staff withdrew the request. After discussion with the PLSL WD staff, it appeared that the most acceptable alternative to them is construction of a controlled outlet structure at MnDNR Wetland #169 maintained and operated under the tenns of a storm water management plan (attached). The Plan allows the PLSL WD to determine whether or not to allow discharge of water from the wetland to Prior Lake when Prior Lake reaches a water level of 903.5. We believe there will be sufficient "bounce" in the Wetland to safeguard against water flowing into the Frogtown area. If experience proves otherwise, we will amend the Plan. Conclusion The staff will provide a brief summary of the agreement to be made between the City and the Watershed District. The staff believes it is appropriate for the City Council to approve the Stormwater Management Plan agreement. In addition, a change order to the contract with Barbarossa & Sons for the 2001 Improvement Project will be necessary for construction of the outlet structure. The estimated cost of the structure is $5,000.00. Staff requests authorization to negotiate the change order with Barbarossa & Sons for an amount not to exceed $5,000.00. The estimated cost of the outlet structure is $5,000.00, which includes a slide gate, manhole and installation. Payment will come from the trunk reserve fund. The alternatives are as follows: 1. Adopt a resolution 1) approving the stonnwater management plan and authorizing the Mayor and City Manager to execute the agreement, and 2) authorizing the staff to negotiate a change order with Barbarossa & Sons for construction of an outlet structure for an amount not to exceed $5,000.00. RECOMMENDED MOTION: OUTLETPLAN r- i 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. Motion and second adopting a resolution approving the stormwater management plan for MnDNR Wetland # 169 and authorizing staff to ne tioate a change order for an outlet structure in the amount to ceed $5,000.00. RESOLUTION ~ 'i? S ~/NNESO~'I'- PROVING A STORMWATER MANAGEMENT PLAN FOR MnDNR WETLAND #169 AND AUTHORIZING A CHANGE ORDER AS PART OF THE 2001 IMPROVEMENT PROJECT (CITY PROJECT #01-11) MOTION BY: SECOND BY: WHEREAS, on June 4, 2001, the City Council adopted Resolution 01-66 awarding the contract for the 2001 Improvement Project to Barbarossa & Sons, Inc. which included construction of an outlet pipe for MnDNR Wetland #169 which is a land-locked basin; and WHEREAS, a condition of approval of the Prior Lake/Spring Lake Watershed District permit is that the City of Prior Lake provide a controlled outlet structure on the pipe at MnDNR Wetland #169; and WHEREAS, a further condition of approval of the Prior Lake/Spring Lake Watershed District permit is that the City of Prior Lake enter into a stormwater management plan agreement addressing the operation and maintenance of the controlled outlet structure at MnDNR Wetland #169; and WHEREAS, construction of the controlled outlet structure will require a change order to the contract with Barbarossa & Sons for the construction of the 2001 Improvement Project (City Project #01-11) at the estimated cost of $5,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein. 2. The Stormwater Management Plan Agreement for MnDNR wetland #169 is approved and the Mayor and City Manager are authorized to execute the Agreement. 3. The City Engineer is authorized to negotiate a change order to the contract for the 2001 Improvement Project for the controlled outlet structure at a cost not to exceed $5,000.00. l~OO Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1,1 r Passed and adopted this 2nd day of July, 2001. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska Frank Boyles, City Manager {Seal} outlctplan STORMWATER MANAGEMENT PLAN FOR MnDNR WETLAND NO. 169 THIS AGREEMENT is made this day of July, 2001 by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter referred to as "CITY"), and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota (hereinafter referred to as "WATERSHED"). RECITALS A. During the preparation of the City's 2001 Street Reconstruction Project No. 01-11 (the "Project"), a concern was raised about the high water levels on MnDNR Wetland No. 169. B. In connection with the Project, the City has applied to the Watershed for a permit approving its Storm Water Management Plan (the "Plan") for the Project. C. An outlet is needed to control the water level fluctuation of this land-locked basin. The outlet is not intended to entirely correct the high water levels on MnDNR Wetland No. 169, but is a mechanism to aid in controlling the water level. D. The Watershed has approved the permit on the condition that the City agrees to construct, use, operate and maintain the MnDNR Wetland No. 169 outlet structure within the Project in accordance with the provisions of this Agreement. AGREEMENT In consideration of the mutual covenants and provisions set forth herein, the sufficiency of which is not disputed, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference. 2. Outlet Structure. Attached as Exhibit "A" are the outlet structure details. The structure includes a gate valve within a concrete manhole. The structure is tamper resistant, with a locking device to secure the cover. 1,\ r 3. Operation. The City will operate and maintain the outlet structure for MnDNR Wetland No. 169. The operation of the structure will be within the parameters of the City's Plan as may be amended from time to time. The intent of the Plan is to allow the management of runoff from MnDNR Wetland No. 169 into Prior Lake. The water level of Prior Lake will dictate the operation of the outlet structure. The restrictions on the use of the outlet from MnDNR Wetland No. 169 will coincide with periods of high water levels on Prior Lake, an elevation of 903.5 or higher. When it is determined that Prior Lake is at elevation 903.5, the Watershed may determine that no discharge will be allowed from MnDNR Wetland No. 169 into Prior Lake. When high water levels subside and remain below 903.5 for a period of three (3) consecutive days, discharge of water from MnDNR Wetland No. 169 will be allowed into Prior Lake. 4. Monitoring Requirements. The water level data of Prior Lake is the governing factor in the operation of the outlet system. The Watershed gauge on the northwest pier of the Wagon Bridge, as measured by Watershed will be the official gauge for recording water levels. 5. Notification. The City shall provide the Watershed with a written notification via mail or fax each time operation of the outlet system occurs. 6. Amendment Process. The Plan is intended as a starting point for the operation of MnDNR Wetland No. 169 outlet structure. It is anticipated that the City will initiate any proposed operation modifications, but either party may initiate an amendment. Any amendment will be drafted and distributed to the other party. Comments will be received and addressed by the amendment proposer. 7. Default. If the City defaults as to any obligations required by the Permit or this Agreement, the Watershed may, at its option and after not less than 48 hours notice to the City, enter upon the Project and perform the work. In the event of an emergency as determined by the Watershed, the requirement of 48 hours advance notice of default shall be waived. 8. Recording. The City shall cause this Agreement to be filed for record within 30 days of the issuance of the Permit. Evidence of filing shall be provided to the Watershed within 30 days thereafter. 9. Miscellaneous. a. Severability. If any provision in this Agreement is held invalid in a court of competent jurisdiction, said invalidity or unenforceability of any provision shall not effect the validity or enforceability of any other provision of this Agreement. b. Waiver. The failure of either party to insist on compliance or enforcement of any provision of this Agreement shall not affect the validity or enforceability or constitute a waiver of future enforcement of that provision or any other provision by the District or the City. c. All notices under this Agreement shall be deemed to be sent or delivered when personally delivered to the recipient or when mailed by certified or registered mail, postage prepaid, addressed to the City at 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372, to any successor or assign of the City at its registered office or palce of business in Minnesota, and to the Watershed at 16670 Franklin Trail, Prior Lake, MN 55372, or at such other address as either party may hereafter designate in writing to the other. d. This Agreement shall not be assigned or transferred without prior written permission of both parties. e. This Agreement shall be subject to and governed by the laws of the State of Minnesota. Executed by the parties hereto as of the day and date first above written. CITY OF PRIOR LAKE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT By By Wesley M. Mader, Mayor By By Frank Boyles, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of July, 2001, by Wesley M. Mader and Frank Boyles, respectively the Mayor and City Manager of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on its behalf and through the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of July, 2001, by Wesley M. Mader and Frank Boyles, respectively the Mayor and City Manager of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on its behalf and through the authority granted by its City Council. Notary Public Drafted By: CITY OF PRIOR LAKE 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 If II