HomeMy WebLinkAbout9B SMSC Cooperative Water Agreement Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 20, 2017
AGENDA #: 9B
PREPARED BY: FRANK BOYLES, CITY MANAGER
JASON WEDEL, PUBLIC WORKS DIRECTOR/CITY ENGINEER
CATHY ERICKSON, FINANCE DIRECTOR
SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: JASON WEDEL, CATHY ERICKSON
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A WATER
PURCHASE AND FACILITY EXPANSION AGREEMENT BETWEEN THE
CITY OF PRIOR LAKE AND THE SMSC
DISCUSSION: Introduction
The purpose of this agenda item is to have the City Council consider
approval of a Water Purchase and Facility Expansion Agreement which
has been approved by the Shakopee Mdewakanton Sioux Community
(SMSC).
History
The City has long-term water supply needs that include the need for
additional water sources, treatment and storage. As the City is reaching its
capacity with the existing facilities, an evaluation was completed to review
the future demands and timing of critical infrastructure to ensure these
needs can be met.
There are currently seven wells that provide the water supply for the City of
Prior Lake. Of the seven wells, six of them are pumped to the City’s water
treatment plant where iron and manganese are removed before being
distributed. Well No. 6 is not connected to the City’s treatment plant and is
only used in extreme water demand situations.
In 2010 the demands in the system indicated a need for additional water
and the City considered the construction of another supply well to feed the
water treatment plant. Before the well was drilled, various other options
were considered including entering into a partnership with the Shakopee
Mdewakanton Sioux Community (SMSC). Ultimately it was found to be
more cost effective to move forward with a water purchase agreement with
the SMSC. The current agreement allows the City to purchase up to 1.2
Million Gallons per Day (MGD) and has allowed the City to postpone the
construction of another well at an estimated cost of $1 million.
Since this agreement was approved, we have purchased water from the
SMSC every month to meet city needs.
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As the City continues to grow and as development occurs in the Orderly
Annexation Area (OAA) it has always been envisioned that additional
facilities would be required on the west side of the City near Spring Lake
Park. Similarly, the SMSC also has a long term need for additional
facilities in the same general location to support their future development.
It is therefore logical for the two communities to work together on a joint
facility. Cooperative approaches such as this are supported by the
Metropolitan Council and Department of Natural Resources.
Current Circumstances
As the City began to look to provide for the future needs, an opportunity
arose to expand on the existing partnership with the SMSC. The SMSC
has a need to replace and expand their aging treatment systems and is in
the process of constructing a new facility south of CR82 near Spring Lake
Park. The SMSC intends to have this new plant online by mid-2019.
The two entities undertook a study in 2016 to evaluate the future needs of
the two communities and consider options to provide for those needs. The
results of this study were provided to the City Council at a work session on
June 27, 2016. The study considered the options of having each entity
construct and operate separate facilities or partnering on a joint facility.
Due to redundancies that must be designed into these types of facilities,
there is significant cost savings with a joint facility for both the city and
SMSC.
The joint facility will include iron and manganese removal for both entities,
reverse osmosis for the SMSC and ground storage. Initially the WTP can
be supplied by the three existing wells the SMSC owns and Well # 6 for the
City. Each entity will be responsible for extending watermain from their
well(s) to the WTP.
Since 2016, the 2040 Vision and Strategic Plan has contained the following
objective, “Community Assets”: “Enter into cooperative agreement with the
SMSC to construct a joint water treatment plant to save capital dollars and
provide domestic water for the city and SMSC growth areas.”
On July 11, 2016 the council adopted a resolution (attached) formally
supporting the development of a collaborative water supply arrangement
and authorized staff to begin the initial steps of negotiating an agreement.
The agreement would be for the construction of the new WTP that would
be capable of supplying the SMSC with 2.46 MGD and supplying the City
of Prior Lake with 2.1MGD.
Since then City staff has re-evaluated the City’s water needs as well as
updated the City’s population growth projections. Based on that review, it
was determined that the construction of the City’s portion of the WTP could
be delayed for up to 15-years. However, with construction of the SMSC’s
portion of the WTP already underway it was determined to be more cost
effective to complete the excavation and construct the two in-ground filter
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cells that will be needed in the future for the City’s portion of the WTP now
with the current construction.
When the new SMSC WTP is completed and operational it will be
connected to both the SMSC’s existing water system as well as the City of
Prior Lake’s water system. They will all be interconnected. As such, it was
suggested by the SMSC that a new agreement be put in place that
addresses both the water purchase agreement as well as the future
expansion of the new WTP.
The new agreement therefore addresses the long-term water purchase
agreement between the SMSC and the City of Prior Lake, the cost
participation of the City of Prior Lake for the construction of the two filter
cells as part of the current construction, and provides for the construction
of the WTP expansion in the future when the City of Prior Lake deems it
necessary.
Some of the key provisions included in the agreement are as follows:
1. It increases the amount of water the City can purchase from
1.2MGD to 2.2MGD once the new WTP is operational in 2019. The
SMSC can gradually decrease the amount of water they sell the
City as their needs increase over time; however, the minimum
amount that will be available for city purchase will never be less
than 1.5MGD.
2. There is no minimum amount of water that is required to be
purchased by the City. The current agreement requires that the
City purchase at least 0.5MGD. The City will work with the SMSC
to purchase enough water to not create unnecessary hardship with
the operations of the SMSC’s water system.
3. The purchase price of the water from the SMSC is increasing from
the current rate of $1.10 per 1,000 gallons to $1.54 per 1,000
gallons upon execution of this agreement. On full financial
analysis, the SMSC was not charging Prior Lake the associated
capital costs for water when they calculated the initial rate. This
change in rate addresses that shortcoming. Their actual cost is
$1.90 per 1,000 gallons. However, rather than increase the rate
from $1.10 to $1.90 immediately they have agreed to moderate the
increase to $1.54 now and increase to $1.90 on July 1, 2019. They
will hold the $1.90 price through the end of 2021. After that the
price will be adjusted based on the actual cost of operations. An
exhibit is included in the agreement which sets the manner and the
components of the water cost calculation so all parties are fully
apprised. For reference, it currently costs the City approximately
$2.40 per 1,000 to provide treated water to our residents.
4. The City will extend watermain from Well No. 6 to the new WTP.
The cost estimate for this is $1,000,000 and is included in the CIP
for 2019.
5. The cost of the filter cells currently being constructed for the City’s
future expansion of the WTP is capped at $2,500,000. Based on
current estimates it should be closer to $2,200,000.
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6. There are several protections included in the agreement for the
City. First, there is an escrow of $250,000 if there is a default by
the SMSC under this agreement. Second, the SMSC provided a
limited waiver of sovereign immunity.
Conclusion
Considering the options, it is most cost effective to move forward with an
agreement with the SMSC for the purchase of water and for the future
expansion of the new WTP as the City’s water needs necessitate. This
approach provides the City with the flexibility to evaluate the pace and
timing of development in the Orderly Annexation Area before a substantial
investment is needed to construct the expansion of the WTP. These initial
improvements combined with the long-term water purchase agreement
could provide the City with enough water capacity for the next 15 to 20
years depending on the rate of development.
ISSUES: The city council has previously expressed support for this collaborative
approach and the agreement associated therewith. There are various
aspects of the agreement which the council may want to consider, many of
which are taken out of the existing agreement which has served our
collective needs since its execution.
The agreement is long term by its nature requiring both parties to agree to
discontinue. The agreement also provides for financial transparency since
the calculation of rates is set forth in a public document which the parties
review periodically. There are purchasing protections to both parties over
time. The agreement does not require any minimum purchase by the city.
On the other hand, it does provide for a guaranteed number of gallons
should they be needed by the city over time.
The agreement provides the city with full utilization of well 6 as it is to be
connected to the plant as one of the first water sources. The agreement
saves both the city and SMSC considerable money over building two
plants on their own.
The agreement does not create a punitive situation for either party whether
the annexation area develops quickly or slowly. An escrow and partial
waiver of sovereignty is in place to protect the City in the event of any kind
of breach situation which could arise in the future. The price of water called
for in the agreement is competitive.
This agreement will result in both short and long term financial savings to
the city.
FINANCIAL
IMPACT:
The original cost analysis from the study of individual versus joint water
treatment plants between the SMSC and the City of Prior Lake is shown
below:
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Construction Cost Comparison
Estimated
Construction
Cost
Community’s
Share of Joint
Facility
Total Savings
with Joint
Facility
SMSC $14,200,000 $10,804,238 $3,395,762
Prior Lake $14,857,500 $8,668,013 $6,189,487
Joint $19,472,250
This illustrates that the cost for the City to construct our own water
treatment plant is estimated to be $14,857,500.
The joint facility is estimated to cost $19,472,250 and the City’s portion of
that is $8,668,013. However, under the current agreement the City will be
contributing up to $2,500,000 for the two filter cells and an estimated
$1,000,000 for the extension of the watermain from Well No. 6 to the new
WTP for an initial maximum total investment of $3,500,000.
The remainder will become due when the second half of the WTP
improvements are installed to make the two city owned filter cells
operational. We will incorporate these anticipated costs in our Capital
Improvement Plan and our water development trunk fees as part of our
2040 comprehensive plan update.
Funding for the City’s share of the project costs is proposed to come out of
the Trunk Water (F502- $1M) and Trunk Storage Funds (F505 – up to
$2.5M) No additional debt will be necessary.
ALTERNATIVES:
1. Motion and second to approve a resolution authorizing the Mayor and
City Manager to execute a Water Purchase and Facility Expansion
Agreement with the SMSC.
2. Table this agenda item for a specific reason.
3. Deny this agenda item for a specific reason and provide staff with
direction
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RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: Water Purchase and Facility Expansion Agreement and Escrow Agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION APPROVING A WATER PURCHASE AND FACILITY EXPANSION AGREEMENT AND
ESCROW AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE SHAKOPEE
MDEWAKANTON SIOUX COMMUNITY
Motion By: Second By:
WHEREAS, The SMSC is constructing a new Water Treatment Plant. The Plant will be capable of
supplying additional water to the City and will have future expansion available to meet the
City’s long-term needs; and
WHEREAS, The City is authorized to enter into contracts pursuant to Minnesota Statutes Chapter §
412.221; and
WHEREAS, The Parties desire to enter into an Agreement regarding the City’s long term purchase of water
from the SMSC.
WHEREAS, The funding source for the City’s share of the project costs will be $1,000,000 from the Trunk
Water fund (F502) and up to $2,500,000 from the Trunk Storage Fund (F505).
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby approves a Water Purchase and Facility Expansion agreement and Escrow
Agreement between the City of Prior Lake and the Shakopee Mdewakanton Sioux Community and
authorize the Mayor and City Manager to execute the same.
PASSED AND ADOPTED THIS 20th DAY OF NOVEMBER 2017
VOTE Briggs McGuire Thompson Burkart Braid
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-090
A RESOLUTION SUPPORTING DESIGN OF A JOINT WATER TREATMENT PLANT WITH
THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
Motion By: McGuire Second By: Keeney
WHEREAS, The Shakopee Mdewakanton Sioux Community (SMSC) and the City of Prior Lake
both have water source, treatment and storage needs which should be operational
by 2019; and
WHEREAS, The SMSC will be starting the design process for a new treatment plant in 2016 ;
and
WHEREAS, The SMSC and the City of Prior Lake conducted a collaborative study to evaluate
the future water needs of both communities and potential options for supplying
those needs; and
WHEREAS, The study showed that there is a cost benefit to both communities to construct a
joint water treatment facility including storage and source options to supply these
needs; and
WHEREAS, The study looked at two options for supply of the source water that included SMSC
owned and operated wells and City of Prior Lake owned and operated wells.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council supports the SMSC designing the Water Treatment Plant to incorporate the
future water treatment needs of the City of Prior Lake.
3. The City Council supports making use of existing source water wells with future City supply
wells being owned by the City.
4. The City Council directs staff to develop a draft water supply agreement with the SMSC.
PASSED AND ADOPTED THIS 11th DAY OF JULY 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye
Nay
Abstain
Absent
Frank Boyles, City Manager
EXHIBIT A
2019 Estimated Rate Summary
SMSC - Prior Lake Joint Water Treatment Facility
Chemicals Costs
Chemical Total Used Cost/ Unit Annual Costs
Chlorine (lbs)481 $1.50 $721.50
Orthophosphate (gal)1988 $21.87 $4,140.72
Fluoride (gal)1105 $6.48 $681.42
KMNO3 (lbs)4138 $5.44 $2,697.89
TOTAL $8,241.52
Cost per 1,000 Gallons $0.28
Equipment Power Costs
MVEC Power Costs (Power Costs based on 1,200,000 gpd to Prior Lake)
Motor HP hrs/ day kWhr/ day kWhr/ Year
Motor
Efficiency (%)
Energy Cost/
kWhr
Annual Energy
Cost kW/ Year
Demand
Cost/ kW
Annual
Demand Cost
Aerator 3 16.67 37.29 13,611.75 94.5%$0.0858 $1,235.86 40.84
$11.10
(June - Sept)
$188.86
$9.40
(Oct - May)
$223.91
High Service Pump 220 16.67 2,734.78 998,194.77 95.4%$0.0858 $89,774.75 2,994.58
$11.10
(June - Sept)
$13,849.95
$9.40
(Oct - May)
$16,420.30
Backwash Pump 65 2.00 96.94 5,040.93 94.5%$0.0858 $457.68 15.12
$11.10
(June - Sept)
$69.94
$9.40
(Oct - May)
$82.92
Backwash Blower 30 3.00 67.11 3,489.88 92.4%$0.0858 $324.06 10.47
$11.10
(June - Sept)
$48.42
$9.40
(Oct - May)
$57.41
Backwash Reclaim Pump 5 20.00 74.57 3,877.64 85.5%$0.0858 $389.12 11.63
$11.10
(June - Sept)
$53.80
$9.40
(Oct - May)
$63.79
Waste Sludge Pump 5 4.00 14.91 775.53 71.5%$0.0858 $93.06 2.33
$11.10
(June - Sept)
$10.76
$9.40
(Oct - May)
$12.76
TOTAL 328 62.34 3,025.61 157,331.75 $92,274.54 3,074.97 $31,070.08
Power Costs/ 1,000 gallons $0.28
Well Power Costs
MVEC Power Costs (Power Costs based on 1,200,000 gpd)
Motor HP hrs/ day kWhr/ day kWhr/ Year
Energy Cost/
kWhr
Annual Energy
Cost kW/ Year
Demand
Cost/ kW
Annual
Demand Cost
Well 130 16.67 1,616.01 589,842.36 94.50%
$0.0858
$53,553.94 1,769.53 $11.10
(June - Sept)
$8,184.06
$9.40
(Oct - May)
$9,702.91
TOTAL $53,553.94 $17,886.97
Pumping Cost/ 1,000 Gallons $0.16
Operations, Maintenance, & Repair/ Rehabilitation Expenses
Equipment Repair/ Rehabilitation Fund
Item Replacement Schedule
(Years)
Replacement
Costs
Yearly
Contribution
Prior Lake Percent
Use
Prior Lakes
Share
Equipment Repair/ Rehabilitation 15 $500,000.00 $33,333.33 46%$15,333.33 See Note 1 & 2
Yearly Maintenance Fee $15,000.00 (From Page 5-3 of the June 14, 2016 Joint Water Study, Includes Labor and Material Costs to Cover Annual Maintenance Costs)
Yearly Operation Fee $28,392.00 (7 hrs/ week at $78/ hr to Service Prior Lake Water Production)
Total Yearly OM&R Costs $58,725.33
OM&R Costs/ 1, 000 Gallons $0.13
Project Depreciation ($25,000,000 over 20 Years @ 46%)$575,000.00 per year
Project Depreciation Cost/ 1,000 Gallons $0.60
Total Direct Cost to SMSC $1.46
SMSC Indirect Costs (30%)$0.44
TOTAL RATE FOR WATER PER 1,000 GALLONS (2) =$1.90
(1) Items Shown in Blue Are Subject to Adjustment Based on Actual Costs Incurred
(2) Subject to Annual Adjustment Based on Power, Chemical, Equipment, and Labor Costs
Note 1: Includes Repair/ Rehabilitation (not full replacement) of Aerators, Process Valves, Compressor, Blower, High Service Pumps, Backwash Pump, Backwash Reclaim Water Pumps, Backwash Waste Pumps, HVAC and Control Upgrades. Does not
Include Equipment, Valves or Pumps Associated with the RO Process.
Note 2: The Repair/ Rehabilitation Fund does not include CIP Expenditures. CIP Expenditures include but are not limited to the following; Filter Media Replacement, Well Maintenance, Building Roof Replacement, Access Drive and Parking Area
Maintenance, Interior Building Painting, Exterior Building Waterproofing, etc.