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HomeMy WebLinkAbout100305 Work Session16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL WORKSHOP MEETING DATE: PREPARED BY: AGENDA ITEM: OCTOBER 3, 2005 STEVE ALBRECHT DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT DRAFT OUTLET CHANNEL JOINT POWERS AGREEMENT DISCUSSION: Introduction The Prior Lake-Spring Lake Watershed District (PLSLWD) has drafted a Joint Powers Agreement for the restoration and long-term maintenance of the Prior Lake Outlet Channel from Prior Lake to the Minnesota River. History The existing outlet channel system is in need of maintenance and stabilization. The Watershed has been working with the staff's of Prior Lake, Shakopee and the Shakopee Mdewakanton Sioux Community (SMSC) for several years to develop a framework for the restoration and long term maintenance of the channel. The outlet channel is a vital component in the City's existing and future trunk stormwater system. Current Circumstances On August 30, 2005 the PLSLWD approved the JPA and directed staff to forward it to the City's of Prior Lake and Shakopee for review and comment. The state joint powers statute does not allow the SMSC to be part of the JPA. For that reason a separate Memorandum of Agreement (MOA) is being proposed with the SMSC to make them a party to this agreement. The draft JPA details responsibilities and costs for the City of Prior Lake associated with our use of the channel from the lake outlet to the Minnesota River. A cost share formula has been generated based on existing use of the channel and projected development. This cost share covers restoration of the existing channel capacity and numerous areas of instability. Additionally this JPA covers the City's future capacity needs and long term maintenance of the channel. Exhibit E in the attached JPA shows the estimated cost share for each party to the agreement.' It is estimated that the City of Prior Lake's share will be $654,000.00 over a 10 year period. ISSUES: The PLSLWD has requested the City review the JPA. Upon receipt of the comments the PLSLWD will make necessary revisions and request that the City formally execute the JPA. FINANCIAL The City of Prior Lake has included $300,000.00 in our CIP for costs IMPACT: associated with the channel restoration in 2006. This amount will cover the City's costs for 2006 and 2007 according to the cost share estimates. These G:~Adrnin\FOR~JIS\CC ,~gendas & R~sc~u[ions\V\;OR¼S~{OP www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 funds are derived from the Trunk Reserve Fund which was established for such purposes. The remaining $354,000 is scheduled for the years 2008- 2015 to cover the JPA costs. The City updated our Trunk Storm Water fee in January of 2005 to include storm water improvement costs to provide for the long term funding necessary to meet the City's proposed JPA obligation. REQUIRED ACTION: Staff requests that the Council provide comments for the PLSWD on the JPA. No formal action is required at this time as staff will bring the final JPA before the Council for approval later this year. G:\Admin\FORMS\CC Agendas & Resok~tions\WORKSHOP AGENDA dot DRAFT: 9-6-05 JOINT POWERS AGREEMENT Agreement, made and entered into as of ,2005, by and between the City of Prior Lake, Minnesota, a municipal corporation, ("Prior Lake"); the City of Shakopee, Minnesota, a municipal corporation, ("Shakopee"); and the Prior Lake-Spring Lake Watershed District, Prior Lake, Minnesota, a political subdivision of the State .of Minnesota, ("Watershed District"). ~, ,-,.~,.;-~,,.,,;~1 ,-,,,+1,:,,+ ~-',--, U.,.;,-.,,. I ,-,b-,~ -I:',.,.. +h ......... lc' A....,;,.: ...... +'~'"' ................... C Ce 13. ..... WHEREAS. since thc completion of thc Lake Outlet Project, as defined below, thc Sh~J~opee Mdewakantion Siou~ Corrummfi~ has acquired land tributary to the Outlet Channel, as defined below, and development has occurred in areas of Prior Lal~e and Shakopee tributa~ to the Outlet Channel~ and WHHR_EAS, the approved comprehensive plans of Prior Lake. Shakopee and Scott County {denti~ additional development that will occur durin~ the next 40 years; and WI-IHRJ~AS, the cities of Prior Lake and Shakopcc and thc Shakopce Mdcwakanton Sioux Comrnu~ ("SMSC') have beguu usin~ the Outlet Charmcl to convey storm water from developed areas within their boundaries or ownership; ~nd WHEREAS, the Watershed District, Prior Lake, Shakopee and SMSC (jointly the "Project Cooperators") are planning a project to restore and enhance the Outlet Channel to complete needed repairs and ensure channel stability and capacity for existing and future storm water flows ("Outlet Channel Restoration and Enhancement Proiect") in accordance with a Conceptual Design, as defined below; and WHEREAS, the Watershed District is planning modifications to the Outlet Structure, as defined below, to repair the Outlet Structure and improve its efficiency; and DRAFT: 9-6-05 W~AS, ~e Outlet Ch~el ~ ~Restoration ~d E~cement Project is ~ .......... ~ ..... :,~:~: ........ ,~,~ ~., ,~ ur~.~ ~:~:~..~ f d ............ ~ .................. v ......~ ....................... o direct i~ediate benefit to ~e SMSC, Prior L~e and Sh~opee because (a) ~e ~Outlet Ch~nel Restoration and Enh~ce:ment Project are ~in co.ore.ce the SMSC's, Prior Lake's ~d Sh~opee's over~l ~ge pl~ in ~e ~ea of ~Outlet Chapel's &~age route; (b) the e~ement~ to be acquired wi~ the Ci~ of Sh~opee c~ ~so be used by S~opee for public utility ~d ~rainage p~oses, the easements to be acquired ~t~n ~e City of P~or L~e c~ also be used by Prior L~e ~br public utility ~d ~nage p~oses, ~d (~ *~ ~ ..... ~; .......... c ...... e ......... ~ ~ ................................. c~oper eOu et Ch~el wi~ adequate sto~ water convey~ce capaci~ ~lows for the orderl~ development of the SMSC. Prior Lake ~d Shakopee; ~d WHE~AS, P~or L~e ~d Sh~opee desire to assist ~e Watershed Dis~ct t~acquire ~e e~ements necess~y for ~e cons~ction of ~e ~'~nage cOutlet Ch~el Restoration ~d E~cemem Project .... ;~ ;~ *~ ~ ~-~ ~"*~--~ ~ ~e conditions herea~er set fo~; ~d WHE~AS, ~e :~-~ .... '~':~ ~*"~ t ~'~ Outlet Stmct~e is of &rect ~d i~ediate benefit to Prior L~e because ~e; .......... · ....*~*~ '~ ~ ~:e ~"~* ~e Omlet Stmct~e is desired to reduce ~e ~pact of flood~g on Prior L~e i~of~ ~ it ~ects ~e o~ers of prope~y ~ong ~e shore ~d ~n ~e established flood plan, ~d ~ it ~fects ~e capabiliV of Prior L~e to provide essemi~ m~cip~ se~ices d~g times of flood~g; ~d WHE~AS, there is a need to ¢l~i~y responsibilities reg~ding ~e ongoing use, operation ~d m~nten~ce of ~e Omlet St~c~e ~d Outlet Ch~el by the Watershed Dis~iot, SMSC, Prior L~e =d Sh~opee, ~d 2 DRAFT: 9-6-05 WHEREAS, the parties hereto desire to enter into a joint powers agreement pursuant to Minnesota Statutes Section 471.59__~, (1949, as amended), upon the terms and conditions hereinafter specified; and WHEREAS, the Watershed District has authority under Minnesota Statutes Section I ~,.....~..,,~ ~.~.....e"~'a !(2)103D.335,~ Subd. 2, (19551990,. as amended), to contract with other public corporations to effectuate the purposes of the Act; and WHEREAS, Prior Lake and Shakopee have authority to engage in a joint powers agreement for utility and drainage purposes pursuant to Minnesota Statutes Section 412.221, Subd. 2 (1949, as amended); and. WHEREAS, for reasons of state law the SMSC does not have authority to engage in a joint powers agreement tbr utility and drainage purposes, and can only participate by executing a separate Memorandum of Agreement ("MOA") with one or more of the Project Cooperators; and WHEREAS, this Agreement allocates responsibilities to the SMSC in anticipation that the SMSC will enter into and fulfill its obligations under a separate MOA with one or more of the Project Cooperators; and WHEREAS, this Agreement provides alternate provisions in the event that the SMSC does not enter into an MOA with the Project Cooperators or meet its obligations under such a MOA; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: ARTICLE I DEFINITIONS Unless otherwise expressly provided herein or the context otherwise requires, each of the following capitaiized terms when used herein shall have the following defined meanings: Conceptual Design - A plan tbr restoring and enhancing the Outlet Channel, as defined below, that was developed with the input of the Project Cooperators as part of the "Prior Lake Outlet Study and Lake Volume Management Study" completed by the District in 2003. The Conceptual Design is based on the use of bioengineering and natural stream technology vmctices to improve channel stability, reduce erosion, and enhance the habitat and aesthetics of the Outlet DRAFT: 9-6-05 ~ Channel. as defined below. A copy of the Conceptual Design is attached hereto as Exhibit "A" and by reference made a part hereof. Lake Outlet Project - A project completed by the Watershed District in 1983 to construct an artificial outlet for Prior Lake for the purpose of draining water fi.om Prior Lake and transporting such water to the Minnesota River, including the improvement of certain natural drainage courses and the construction of certain drainage channels within the municipal boundaries of Prior Lake and Shakopee. Outlet Channel - The seven miles of natural and constructed drainage courses within the municipal boundaries of Prior Lake and Shakopee that were connected, constructed and improved as part of the Lake Outlet Project. The Outlet Channel extends from the Outlet Structure, as defined below, north to the Minnesota River at Blue Lake. For the purposes of planning and construction of restoration/enhancements and maintenance, the Outlet Channel is divided into the following eight segments: Segment · Segment · Segment · Segment · Segment · Segment · Segment · Segment 1: Prior Lake to County Road 42 2: County Road 42 to the inlet of Pike Lake 3: The outlet of Pike Lake to Pike Lake Trail 4: Pike Lake Trail to County Road 16 5: County Road 16 to the inlet of Dean Lake 6: The outlet of Dean Lake to State Trunk Highway 169 7: State Trunk Highway 169 to State Trunk Highway 101 8: State Trmxk Highway 101 to the Minnesota River Outlet Structure - The structure and pipe that was installed on Lower Prior Lake by the Watershed District in 1983 as part of the Lake Outlet Project, to provide an outlet for the lake. Project Cooperators - The Prior Lake-Spring Lake Watershed District, City of Prior Lake, City of Shakopee and Shakopee Mdewakanton Sioux Community, who are jointly undertaking the Outlet Channel Restoration mad Enhancement Project. Construction Fund- A fund established fbr costs associated with construction of the Outlet Channel Restoration and Enhancement Project, pursuant to Article VII below. Operating Fund - A fund established for the costs of Outlet Channel operation and routine maintenance, pursuant to Article VII below. Emergency Maintenance Fund - A fund established for the costs of emergency maintenance and repair of the Outlet Channel, pursuant to Article VII below. 4 DRAFT: 9-6-05 Outlet Operating Plan (2004. as mnended) - A plan documenting the managemem policy and operating procedures for the Outlet Structure, as developed by the Watershed District and approved by the Minnesota Depm'tment of Natural Resources. A copy of the Plan is attached hereto as Exhibit "B" and by reference made a part hereof. ARTICLE ~II STATEMENT OF PURPOSE Section 4-2.01. General Purpose. The general purpose of this Agreement is to (a) provide a format by which the Project Cooperators can restore and enhance the Outlet Channel to meet existing and future lake outlet and storm water conveyance needs. (b) facilitate the fair distribution of the costs of restoring,, enhancing, operating and maintaining the...Outl, et Channel, and (c) provide a format whereby the Watershed District can const:"act and operate, repair, improve and maintain an artificial outlet that ~ i~s used to drain flood waters from Prior Lake ............. u'estorat~on and transport them to the Minnesota River via the Outlet Channel. The .... * .... "~-' " and enhancement of the [,age4h~C~Outlet Channel requires the acquisition of easements in Prior Lake and Shakopee and construction of enhancements; ......... Outlet Chatmel alon system. ................... v, ............ to the e The ""'~;~" ,,c.~,~ ,~,~; .... c~an~e!Outlet ChaJmel is located i~within an area which has been identified by Prior Lake. Shakopee and the SMSC as needing future capacity in excess of the levels projected by the Watershed District as being required for safe and efficient operation of the L-ak~Outlet Structure. It is the intention of the parties to this Agreement to establish a legally binding procedure for acquiring the necessary additional easements Shakcpee ~.,~ to get c~..,, ~...,~:,; .... ,~.~, .... * be ~,mn,,.~ .............................................. sharing the costs of the construction and operate-maintenance of the necessary Outlet Cehannel ~Restoration and Enhancement Project.. The Agreement shall specify the procedures and responsibilities for maintenance of the Outlet Cehannel,~--w: .......... ,, .,,.,.,,..,~,*~ and the ....... ~dunng the release of water from Prior conditions that must be fulfilled prior .~,, ~.,-~.--.-J~"*'"'n .... ~.~o;.,~. · Lake. The Agreement shall specify the responsibilities of the parties with respect to maintenance of the ~"~: ..... s,~ ,~hannelOutlet Channel and the additional uses that may be made of the additional easements by Prior Lake and Shakopee. 5 DRAFT: 9-6-05 ARTICLE ¥III r~D A l~xt A t~.l~ Ell ITl' GT T,~re~o~. USES OF ................. CHANNEL Section $3.01 Permitted Uses by Watershed District. The Watershed District shall use the 4miiaage~Outlet Channel for the purpose of draining water from Prior Lake and for no other purposes. Section 53.02. Permitted Uses by Prior Lake, Shakopee and SMSC. Prior Lake, Shakopee and the SMSC shall use the Outlet Channel fbr the purposes of conveying storm water from drainage areas tribut,~_ to the Outlet Chalmel. The tributary_ drainage areas downstream of Prior Lake are identified in Table 1 below, and the maximum allowable discharge, rates to the Out!et...Channel from the Watershed District, prior Lake, Shakopee and the SMSC are specified in Table 2. Table 3 presents the peak flow rates to the Outlet Channel for each segment. These peak flow rates were calculated for each Outlet Channel segment by multiplying the drainage area from Table 1 by the applicable discharge rate per acre from Table 2 for each Project Table 1' Outlet Channel Tributary Drainage Areas (downstream of Prior Lake). Outlet Channel Watershed Prior Lake SMSC**. Shakooee SubTotal Segment District _1 N/A* 658 28 ... 0 68__66 2 *_ 261 3_ 0 264 3_ * 1,145 5_ 9~4 1,244 4 __ 827 1,787 2~622 5,236 5_ *. 0 _? 758 765 6 ; ' 0 261 927 1,188 7 ;' 0 0 1,407 1,407 _S ; 0 0 ,10~ !01 Total ; 2~891, 2~092 5~909 10~892 *The Watershed District's contribution to the Outlet Channel is not dependent on drainage area; it is based on a maximum flow fl~rough the Outlet Structure of 65 cubic feet per second. **Includes Fee and Trust lands. DRAFT: 9-6-05 Table 2: Outlet Channel Maximum Discharge Rates per Acre. Pro,iect Cooperator Watershed District Ci_ty of Shakopee South of Dean Lake (Upstream) City of Shakopee North of Dean Lake (Downstream) Ci.ty of Prior Lake Shakopee Mdewakanton Sioux Community Maximum flow rate to Outlet Channel~ per acre 65 cfs total (max flow through Outlet Structure) 0.10 cfs/acre 0.33 cfs/acre 0.17 cf~/acre 0.05 cfs/acre Table 3: Allowable Peak Discharge Rates to the Outlet Channel. by Project. Cooperator and Se~m'nent. Peak Discharge Rates~ in cfs~ by Pro,iect Cooperator Se~,ment Watershed Prior Lake SMSC Shakopee District ~ 65 1.5.6 2 _0 3_ 65 35.1 2 9 4 65 492 9_!1 272 5_ 65 492 9~2 34'7 6 65 492 10~. 656 7 65 492 105 1125 _8 65 492 105 .1 159 The tributary_ areas and drainage rates in Table 2 and Table 3 shall be the basis for the hydrologic and hydraulic design capaci _ty of the Outlet Channel Restoration and Enhancement Project. Section 3.03. Exceeding Allowable Discharge Rates. The Watershed District may request that the Project Cooperators provide verification that new developments within the drainage areas tributary to the Outlet Channel downstream of Prior Lake will not result in an increase in the per acre drainage rate .s..pecified in Table 2 or the peak discharge rates specified in Table 3. In the event that an increase in .....~: ' ' ........ ?.hscharge rate -beyond those specified in Tables 2 or 3 ha-ghahop~m-results in or causes the need for repairs, m~ntenance, or expansion of the design capacity for the drainage-Outlet cdamme4Channel beyond that specified in this Agreement, the Project Cooperator discharging the additional flow ghakope~shall make or install all repairs, 7 DRAFT: 9-6-05 mah~tenance or improvements necessary to: ....... a. ......;,.. ^r**.~ ~-~; ..... ~,n,.~ handle the increased flow. Any such repairs, maintenance or improvements shall be at the sole cost or expense of the Project Cooperator with the increased dischargeShak-opoe; and botk Prior Lake ~d *&.e Watersked Dis~:,ctthe other Proiect Cooperators shall be indemnified and held harmless from any and all liability for such cost or expense and for such increased flow. Section 63.04-3 Additional Authorized Prior Lake and Shakopee Uses. Prior Lake and Shakopee may, subject to the limitations of specific easements, use the easements without termination of this Agreement~ for the installation, operation and maintenance of public services and utilities to include without limitation public streets, sanitary sewer, water, storm sewer, electrical and natural gas. In no event shall such uses interfere or otherwise restrict the drainage function of the c-t,ama64Outlet Channel. All cost or expense to install, operate and maintain such utilities and any damage to the edqmmegOutlet Channel resulting from such installation, operation and maintenance shall be borne by either Prior Lake or Shakopee and both Pr[er D&,e n~n~ tb.e :responsible City shall indemnify and hold harmless from any liability the other Project Cooperators. ARTICLE glV ACQUISITION OF DP~d?,*AGE OUTLET CHANNEL EASEMENTS Section g4_.01. Acquisition of Outlet Chmmel ~Easements. To the extent possible, the Project Cooperators intend to obtain the necessary easements for the construction of the Outlet Channel Restoration and Enhancement Project and the ongoing operation and maintenance of the Outlet Channel by dedication pursuant to the applicable subdivision ordinances within Prior Lake and Shakopee. If the timing of the construction of the Outlet Cham'tel Restoration and Enhancement Project requires that easements be obtained prior to subdivision, :g_the Watershed District is authorized to negotiate for and acquire suimb~the necessary_ Outlet Channel easements within the municipal boundaries of Prior Lake and *"'~ *~' ..... *-'~*: ^~ In conducting the negotiations and/or Shakopee .................... of ~e ~ ~v~ condemnation proceedings necessary for the acquisition of the ~asements, the Watershed District shall comply in all respects with Shakopee Resolution No. 1643, entitled "A Resolution Adopting A Policy For The City Of Shakopee Concerning The Condemnation Of 8 DRAFT: 9-6-05 Easements And Land Needed For The Installation Of Public Improvements". To the extent possible within the budgetary limitations established by the Watershed District for the Lake Outlet, the Watershed District shall also endeavor to acquire easements in dimensions required by Shakopee. The plans and specifications for the Ln'.~e Out!etOutlet Channel Restoration and Enhancement Project shall specify the ultimate alignment and dimensions of the easements. Section g4_.02. Uses of and Title to Easements. The easements to be acquired by the Watershed District shall be for ..+;~,~.,,.xl:+,r~.y and drainage purposes over, under, and across the affected properties. In the City of Shakopee, t~he title to the easements shall be acquired in the Joint joint names of the Watershed District and Shakopee. Section 24_.03. Assistance by Shakopee. In the event that it becomes necessary in the opinion of the Watershed District to acquire the required easements by means of condemnation proceedings, Shakopee shall cooperate with and assist the Watershed District in pursuing condemnation. In that event, all legal proceedings shall be brought in the joint name of the Watershed District and Shakopee by the Shakopee City Attorney in accordance with Shakopee Resolution No. 1643. Section 24_.04_. Easement Acquisition Costs. All costs or expense necessary and incidental to the acquisition oft4q~-_easements for the Outlet Chmmel shall be the responsibility of and borne by the Watershed ....... ~rolect Cooperators according to the cost-share allocation specified in Article VIi. The Project Cooperators shall contribute their share of the easement acquisition costs to the Construction Fund Imp 9 DRAFT: 9-6-05 ARTICLE V CONSTRUCTION OF OUTLET CHANNEL RESTORATION AND ENHANCEMENT PROJECT Section 5.01. General. The Outlet Channel is in need of restoration and enhancement to stabilize the channel banks and ensure adequate capacity for existing and future storm water conveyance needs. The final design for each segment of the Outlet Channel Restoration and Enhancement Project shall be consistent with the Conceptual Design and shall accommodate the expected drainage capacity needs of the Project Cooperators as identified in Table 3 above. Section 5.02. Responsibilities for Outlet Channel Restoration and Enhancement Project. The Watershed District will lead and coordinate the project to design and construct the Outlet Channel restoration and enhancements. Prior to construction, the District shall obtain all pemfits and approvals required by any governmental unit having jurisdiction over the Outlet Channel Restoration and Enhancement Project, including without limitation Prior Lake, Shakopee, the Lower Minnesota River Watershed District, the Depamrtent of Natural Resources and the U.S. Army Corps of Reserves. The District shall design the Outlet Channel Restoration and Enhancement Project to conform to generally acceptable engineering practices and the Conceptual Design, and shall consult with the Project Cooperators during the final design of each channel segment. The Watershed District shall furnish the Project Cooperators with complete copies of the final draft plans and specifications for each segjnent of the Outlet Channel for their review and comment. The Project Cooperators shall approve the plans and specifications or request modifications within 60 days of receiving the final draft plans fi'om the Watershed District. The Watershed District shall endeavor to incorporate the comments and needs of the Project Cooperators into the plans. However, if situations arise where the Watershed District receives comments that are inconsistent with the Outlet Cham~el design capacity_ needs, the Conceptual Design or with other comments, to avoid delays in the proiect the 10 DRAFT: 9-6-05 Watershed District's determination on questions of design shall be conclusive and the dispute resolution provisions of Article X shall not apply. Section 5.03. Construction Schedule. The design and construction of the Outlet Channel Restoration and Enhancement Project is expected to occur over a period of five years, beginning in 2005. The construction activities will be scheduled to coordinate with the subdivision and development of land adiacent to the Outlet Channel to the extent possible. The anticipated construction schedule for the Outlet Channel Restoration and Enhancement Proiect is more particularly described in Exhibit "C", which is attached hereto and by reference made a part hereof. Section 5.04. Use of the Outlet Channel During Construction and Vegetation Establishment. The Outlet Channel will contimte to be used by the Project Cooperators for stormwater conveyance while the Outlet Channel Restoration and Enhancement Project is under construction and before the vegetation is fully established. Dm'ing construction and until the vegetation is established, erosion control best management practices will be installed and maintained and the construction effbrts will be sequenced to protect downstream resources. Despite these efforts, a situation may arise where a downstream impact occurs following a large rainfall or other runoff- or weather-related event. In the event of a downstream impact, the Project Cooperators shall work together to remediate the impact, and shall include that work as an element of the overall Outlet Channel Restoration and Enhancement Proiect, subject to the cost-share allocation specified in Article VII. Section 5.05. Obligation to Contribute to the Cost of the Outlet Channel Restoration and Enhancement Project. All costs and expense fbr the design and construction of the Outlet Ch~nel Restoration and Enhancement Project are the responsibili _ty of the Project Cooperators as specified in Article VII. A Construction Fund shall be established for the costs of constructing the Outlet Channel Restoration and Enhancemem iProject, according to Article VII below. ARTICLE VI OPERATION AND MAINTENANCE OF DP~,~AGE OUTLET CHANNEL 11 DRAFT: 9-6-05 Section 6.01. Genera. Follo~ng the completion of each segment of~e Outlet Ch~nel Restoration ~d E~cement Project, mmual operation ~d m~men~ce activities Mll be necess~y to monitor ~e status of the Outlet Ch~el ~d ensure ~e stabili~ ~d continued perfom~ce of ~e ch~el. In addition, occ~ion~ emergency repairs ma~ be required following si~ficm~t or sustained flow events, ~d due to no~ we~ and te~. Section 6.02. Responsibilities for Outlet C~el Opermion ~d M~te~ce. The Watershed Dis~ict shall be responsible for inspecting ~d coordinating the operation ~d mainten~ce of the Outlet Ch~el. All mainte~ce activities sh~l confbm~ to ~e maintenance plan for the Outlet Channel, generally acceptable engineering practices and the Conceptual Design. The District shall obtain all permits and approvals required for the maintenas~ce activities by any governmental milt having jurisdiction over the Outlet Channel, including without limitation Prior Lake, Shakopee, the Lower Minnesota Watershed District, the Department of Natural Resources and the U.S. Army Corps of Reserves. When immediate action is not required to address an identified maintenance need, the Watershed District shall furnish the Proiect Cooperators with complete copies of the plans and specifications for the maintenance activity for their review and comment. The Project Cooperators shall approve the plans and specifications or request modifications within 15 days of receiving them from the Watershed District. The Watershed District shall endeavor to incorporate the conunents and needs of the Project Cooperators into the plans. However, if situations arise where the Watershed District receives comments that are inconsistent with the Outlet Channel maintenance needs, the Conceptual Design or with other comments, to avoid delays in Outlet Channel maintenance the Watershed District's determination on questions of maintenance shall be conclusive and the dispute resolution provisions of Article X shall not apply. 12 DRAFT: 9-6-05 Section 6.03. Inspection of the Outlet Channel. Each year. the Watershed District shall inspect the Outlet Channel according to the procedures established in the Outlet Operating plan (2004, as amended). In the event that an inspection reveals that repair or maintenance is required tO maintain the stability of the channel banks, ensure the free flow of water through the Outlet Channel, or prevent downstream impacts, the District shall coordinate the completion of such repairs or maintenance in accordance with this Article. Section 6.04. Routine Maintenance. Routine mai:ntenance of the Outlet Channel, such as mowing or burning the vegetation and re:moving sediment fi.om accumulation zones., shall be necessary to ensure continued bank stabili _ty, prevent encroacluuent by undesirable weed species, and prevent migration of sediment downstrean~. For each sequent of the Outlet Channel, a maintenance plan shall be completed and shall be reviewed by the Project Cooperators prior to commencement of the routine maintenance activities. The Project Cooperators shall approve the maintenance plan or request modifications within 60 days of receiving it from the Watershed District. The Watershed District shall endeavor to incorporate the comments and needs of the Project Cooperators into the plan. However, if situations arise where the Watershed District receives comments that are inconsistent with the Outlet Channel maintenance needs, the Conceptual Desi .gn or with other comments, to avoid delays in Outlet Channel maintenance the Watershed District's determination on questions of maintenance shall be conclusive and the dispute resolution provisions of Article X shall not apply. Section 6.05. Emergency Repair and Maintenance. On occasion, weather conditions or flow patterns along the Outlet Channel may result in a bank failure, culvert obstruction or other condition that requires prompt, repair or maintenance to ensure free flow of water in the Outlet Channel, maintain channel stability and avoid downstream impacts. The need for emergency or non-routine maintenance activities may be identified by any of the Project Cooperators and communicated to the Watershed District. Once the need is identified, a plan shall be developed /hr completing the necessary_ repair or maintenance that conforms to the Conceptual Desig~n. If the Watershed District is unavailable or unable to respond to complete the emergency repair or maintenance, any of the Project Cooperators may complete the maintenance and the associated costs shall be paid from the Emergency Maintenance Fund. The Project Cooperator completing the emergency repair or maintenance shall endeavor to provide the other Project Cooperators with 24 hours notice of any emergency repair or maintenance activity; however, the Project 13 DRAFT: 9-6-05 Cooperator is entitled to move forward with the emergency maintenance activi _ty regardless of response from the other Project Partners, provided that the activi _ty conforms to the Conceptual Design. Section 6.06. Obligation to Pay for the Costs of Outlet Channel Operation and Maintenance. (a) The Project Cooperators shall have a continuing obligation throughout the entire tema of this Agreement to contribute to the cost incurred for the routine operation and maintenance of the Outlet Channel, including vegetation management, sediment removal, mad Outlet Channel inspections. An Operating Fund shall be established for the costs of operation and routine maintenance according to Article VII below. (b) The Project Cooperators shall also have a continuing obligation throughout the entire term of this Agreement to contribute to the cost incurred for the emergency repair and maintenance of the Outlet Channel, provided that the need 1hr the emergency repair or maintenance is not the result of flows exceeding the flow limitations identified in Tables 2 and 3. An Emergency Maintenance Fund shall be established for the costs of emergency repair and maintenance according to Article VII below. If the need for emergency repair or maintenance results from flows exceeding the flow limitations identified in Tables 2 and 3, the parties that exceed their flow limitations shall be responsible for the costs of the emergency repair or maintenance in an amount proportional to their flow. of Drainage ~ 14 DRAFT: %6-05 15 DRAFT: 9-6-05 ARTICLE VII OUTLET CHANNEL COST-SHARE AND FUNDING Section 7.01. General. The responsibility of the cost for the design, construction, operation, repair and maintenance of the Outlet Chatmel shall be distributed among the Project Cooperators based on the following general principles: (a) The cost-share obligation shall be allocated among the Project Cooperators based on each Project Cooperator's estimated need for and anticipated use of the Outlet Channel for stormwater conveyance. (b) The Watershed District's cost-share obligation shall be based on the maximum 65 cubic feet per second discharge from the Outlet Structure. (c) The cost-share obligation for Prior Lake, Shakopee and the SMSC shall be based on each Project Cooperator's contributing drainage area to the Outlet Channel downstream of the Outlet Structure and their stated rate control goals fbr the Outlet Channel drainage area(s) within their jurisdiction. (d) The contributing drainage area from the SMSC shall include lands held in fee and lands held in trust. (e) A separate cost-share allocation shall be determined for each Outlet Channel segment. (f) Each Project Cooperator's cost-share obligation shall begin at the point where stormwater from that Project Cooperator's jurisdictional boundaries flow into the Outlet Channel, and shall extend from that first point of discharge downstream to the point of inlet into Blue Lake. 16 DRAFT: 9-6-05 Section 7.02. Cost-Share Allocation. All costs and expense for the design and construction of the Outlet Channel Restoration and Enhancement Project in confommnce with the Conceptual Design, and the ongoing operation, maintenance and repair of the Outlet Cham~el are the responsibility of the Project Cooperators as specified in Table 4. The costs shall include without limitation all costs for the construction, operation and maintenance of the Outlet Channel, including construction costs, easement acquisition costs, design costs, engineering fees, vegetation management costs, staff costs, legal fees, and permit application fees and related expenses. The formula used to calculate the cost-share allocation is based on the hydrologic ,and drainage area information described in Tables 1 through 3, and is more particularly described on Exhibit "D", which is attached hereto and by reference made a part hereof. The estimated cost to each Project Cooperator for the design and construction of the Outlet Channel Restoration and Emhancement Project and the first five years of maintenance is more particularly described on Exhibit "E", which is attached hereto and by reference made a part hereof. If the SMSC fails to meet its obligations under the separate MOA with the Project Cooperators, the cost-share allocated to the SMSC shall be shared by the Watershed District, Prior Lake and Shakopee according to the cost-share percentages calculated without the SMSC. Table 4. Cost-Share Allocation for Outlet Channel Outlet Channel Se~,ment Cost-Share Percentage for Each Pro,iect Cooperator Total Watershed Ci_ty of Prior Ci.ty of District Lake Shakopee SMSC _1 91.7% 7.9% 0% 0.4% 100% 2 88.9% 10.7% 0% 0.4% 100% 3 76.7% 20.7% 2.2% 0.4% 100% 4 40.1% 15.2% 33.5% 11.2% 100% 5 36.6% 13.9% 39.2% 10.3 % 100% _6 36.9% 14.0% 37.3% 11.9% 100% _7 29.1% 11.0% 50.5% 9.4% 100% .8 28.7% 1.0.9% 51.2% 9.2% 100% Section 7.03. Revisions to the Cost-Share Allocation Due to Changes in Drainage Area Downstream of the Outlet Structure. Because the cost-share allocation is based in part on relative drainage area within the Outlet Channel watershed downstream of the Outlet Structure, if this Outlet Channel drainage area changes by more than 40 acres for any of the Project 17 DRAFT: 9-6-05 Cooperator, the cost-share allocation will be revised according to the method described in Exhibit D. Following such a revision any easement acquisition, design, constxuction, operation or maintenance costs incurred after the change in drainage area will be borne by the Project Cooperators according to the revised cost-share allocation, except that if the change in drainage area results in an increased flow to the Outlet Channel beyond the design parameters specified in this Agreement. the Project Cooperator with the increased flow shall make or install at its sole cost all improvements necessary to increase the capacity of the Outlet Channel to handle the increased flow. The costs shall include without limitation all costs for the construction of the · increased capacity for the Outlet Channel, including direct construction costs, easement acquisition costs, design costs, engineering fees, staff costs, legal fees, and permit application fees and related expenses. Section 7.04. Annual Coordination and Planning Meeting. Each year in March, the Watershed District shall convene the Proiect Cooperators to discuss the design, construction~ operation and maintenance activities planned fbr the Outlet Channel that year, and to develop budgets fbr construction, operation and maintenance activities. The Project Cooperators shall also review the previous year's activities, review any requested modifications to the cost-share allocation due to changes in drainage area, and refine the construction cost estimates based on the most recent project data. If for any reason the Project Cooperators fail to agree on a budget for Outlet Channel construction, operation and maintenance activities, the budget for the prior year shall apply to the next year, and the annual contribution of each project Cooperator shall be based on that budget. Section 7.05. Creation of Construction Fund mad Payment of Construction Cost-Share. Beginning in 2006, a Construction Fund shall be established for the cost of designing and constructing the Outlet Channel Restoration and Enhancement Project and acquiring necessary easements. In January of each year of the construction project, each Project Cooperator shall deposit into the Construction Fund their share of the engineer's estimate of the design, easement acquisition and construction costs tbr that calendar year, according to the cost-share allocation in Section 7.02. The Construction Fund shall be administered by the Watershed District in accordance with the fbllowing provisions: (a) The Watershed District may access the Construction Fund at any time to pay the actual costs of acquiring easements for and design and construction of the Outlet 18 DRAFT: 9-6-05 Channel Restoration ,and Enhancement Project, including appraisal fees. easement transaction costs, engineering and design fees, permitting fees, construction costs, and staff costs; (b) The Watershed District shall provide a smnmarv of the Construction Fund balance to the Project Cooperators on a quarterly basis; (c) Following the end of the fiscal year and before January 30 of the next year, the Watershed District shall provide the Project Cooperators with a detailed accounting of the Construction Fund for the previous year. Any funds remaining at year end shall be credited to each Project Cooperator according to the cost-share allocation in Section 7.02 and the amount shall be subtracted from the next year's funding contribution; (d) All interest earned by the Construction Fund shall remain in the fund tbr future construction expenditures. Funds shall be retained in accounts that coliform to the requirements of Minnesota Statutes Chapter 11 SA; and (e) Following the construction of the Outlet Channel Restoration and Enhancement Project and the completion of all construction contracts and obligations, the Watershed District Shall prepare and fumish to the Project Cooperators a final accounting report for the Construction Fund. The balance of the Construction Fund upon completion of the Outlet Channel restoration and Enhancement Project shall be returned to the Project Cooperators according to the cost-share allocation in Section 7.02 or applied to a Project Cooperator's share of the annual Operating Fund contribution at the Project Cooperator's direction. Section 7.06. Creation of Operating Fund and Payment of Operation and Maintenance Cost-Share. Beginning in 2006, the Project Cooperators shall establish an Operating Fund to pay the costs of Outlet Channel operation and routine maintenance activities. In January of each year, each Project Cooperator shall deposit into the Operating Fund their share of the operations and routine maintenance budget for that year, according to the cost-share allocation in Section 7.02. The Operating Fund shall be achninistered by the Watershed District in accordance with the following provisions: (a) The Watershed District may access the funds in the Operating Fund at any time to pay the actual costs of operation and routine maintenance of the Outlet Channel, including construction and maintenance costs, staff costs and engineering fees: 19 DRAFT: 9-6-05 (b) The operation and routine maintenance expenditures shall be consistent with the budget developed during the annual Coordination and Planning Meeting. Any variation from the budget of more than 10 percent shall first be agreed upon in writing by the Project Cooperators; (c) The Watershed District shall provide a summary/of the Operating Fund balance to the Project Cooperators on a quarterly basis; (d) Following the end of the fiscal year and before January 30 of the next year, the Watershed District shall provide the Proiect Cooperators with a detailed accounting of the Operating Fund for the previous year, and shall either invoice the Project Cooperators for any deficit, refund any surplus, or carry forward the balance to the next year of Outlet Channel operations and routine maintenance; and (e) All interest earned by the Operating Fund shall remain in the fund for future operation and routine maintenance expenditures. Funds shall be retained in accounts that confbrm to the requirements of Minnesota Statutes Chapter 11 SA. Section 7.07. Creation of Emergency Maintenance Fund and Payment of Emergency Maintenance Cost-Share. An Emergency Maintenance Fund of $250,000 shall be established during the first five years of the Outlet Channel Restoration and Enhancement Project to provide a stable funding source for the completion of emergency maintenance and repairs as needed along the Outlet Channel. The Emergency Maintenance Fund shall be established by five years of annual contributions of $50,000 t¥om the Project Cooperators, beginning in the year 2006, according to the cost-share allocation identified in Section 7.02. The Emergency Maintenance Fund shall be administered by the Watershed District in accordance with the following provisions: (a) A Project Cooperator that completes emergency repair or maintenance of the Outlet Channel according to Section 6.05 may access the funds in the Emergency Maintenance Fund at any time to pay the costs of the emergency maintenance. Eligible costs may include but are not limited to construction costs, staff' costs and engineering fees~ (b) Following the completion of the non-routine or emergency maintenance, the Project Cooperator that completed the work shall submit to the other Project Cooperators an accounting of the cost of the maintenance, including construction costs, engineering 20 DRAFT: 9-6-05 fees and staff costs, and the Watershed District shall reimburse the Project Cooperator for the cost of the non-routine or emergency maintenance work fi'om the Emergency Maintenance Fund;. (c) In the first full fiscal year following the completion of an emergency or non- routine maintenance activity, the Project Cooperators responsible tbr that segment shall, by January 30, replenish the Emergency Maintenance Fund in an mnount equal to the cost of the maintenance activity, including engineering fees and staff fime plus an inflation fhctor equal to the Engineering News Record Construction Cost Index, according to the cost-share formula identified in Section 7.02; (d) The Watershed iDistrict shall provide a summary of the Emergency Maintenance Fund balance to the Project Cooperators on a quarterly basis; (e) Following the end of the fiscal year and be~bre January 30 of the next year, the Watershed District shall provide the Project Cooperators with a detailed accounting of the Emergency Maintenance Fund for the previous year; and (f) All interest earned by the Emergency Maintenance Fund shall remain in the fund for future maintenance expenditures. Funds shall be retained in accounts that conform to the requirements of Minnesota Statutes Chapter 11 SA. Section 7.08. Administration and Recordkeeping. The Watershed District shall administer the Construction Fund, Operating Fund, and Emergency Maintenance Fund according to the following provisions: (a) The Watershed District shall retain all financial records fbr a period of six years following the completion of the work; (lb) The Watershed District shall provide quarterly fund balance statements to the Project Cooperators; (c) By January 30 of each year, the Watershed District shall provide the Project Cooperators with a detailed accounting of the income, expenditm'es, and year-end balance for each Fund fbr the previous year; (d) The Watershed District shall include the Funds in its amaual audit and provide a copy of the audit to the Project Cooperators, and upon request shall make these financial records available for review or audit by any Project Cooperator; and 21 DRAFT: 9-6-05 (e) The Watershed Dista-ict shall be entitled to reimbursement from the Operating Fund for the actual staff costs and accounting fees associated with maintaining the financial records and completing the reporting for the Construction Fund, Operating Fund, and Emergency Maintenance Fund. ARTICLE t-I-tV III CONSTRUCTION AND OPERATION OF L,~2'..E PRIOR LAKE OUTLET STRUCTURE Section 3_8.01. Obligation of Watershed District. The construction of the Outlet T ~.,.~ r~..+,~+ including --T:**.....* ~:~:*~+:~. +' ...... "-,,.-*~... ~*'.'~ ~U Structure on Prior Lake ............, i,,,. ......... + ...... ., .... + ,h~.~+~,,,, repairs or improvements, shall be the sole and exclusive responsibility of the Watershed District. Prior to the commencement of construction, the Watershed District shall obtain all permits and approvals required by any governmental unit having jurisdiction over the r ~,.~ r~..,,~+: .......... ............. .v .................. Stmct~e, including without limitation permits from Skakcpee ,~.~., ...... x~:. ..... ~.~ ,~ u,~,~.~.~.~_. .. n:~,.~^, **.~ ~;..~. ..... Water Re:cv. rces Ec. ard Prior Lake, and the Minnesota Department of Natural Resources, the 12..,; ...... +~1 t'~..~l;+., t~^ .... :1 ~A +g,~ XA'~+..^~..1;+,.~ t'~ .... Section 38.02. Plans and Specifications for the Lake Outlet Structure ....t-, ............ The Watershed District shall design the L"~e ©'..'tlet Outlet Structure improvements to conform with generally acceptable engineering specifications and the findings of the "Prior Lake Outlet Chatmel and Lake Volume Management Study", May 2003. The Watershed District shall furnish 8hahopee-Prior Lake with complete copies of the plans and specifications for the Out4~Outlet Structure improvements certified to by the Watershed District's engineer. Prior Lake ~shall approve or request modification to all such plans and specifications as they relate to improvements to be placed within its corporate limits within 60 days of receiving a completed request for approval from the Watershed iDistrict. The Watershed District's determination on questions of design shall be conclusive as to the parties to this Agreement, so long as the design is consistent with the outlet structure concept identified in the "Prior Lake Outlet Channel and Lake Volmne Management Study", May 2003. Section 38.03 Payment of Yak-e-Outlet Structure Construction Costs. All costs or expenses incurred to construct, repair and maintain the Yak-e-Outlet Structure im1~mw~a~-~s-shall be the responsibility of and borne by the Watershed District. The costs to be paid by Watershed 22 DRAFT: 9-6-05 District shall include without limitation all direct construction costs, engineering fees, legal fees, administration expense and permit application fees. The Watershed District shall indemnify and hold Prior Lake and Shakopee harmless from any liability for any cost or expense incurred in constructing or maintainin~ the Lake-Outlet Strueture'mapmvemem& Section 8.04. Operation of Outlet Structure. Water shall be released from the Prior Lake Outlet Structure in accordance with the Outlet Operating..Plan (2004, as amended). (b)The a~+~.._.:..+;~_ ^+'.,rb~..a.,~"a to what:~-_%ree ~,,~h; .... -n-' ~ ........ ~ or Sa: been -~u~.~ (iii) T~,, .... :,~U, ..... ;+. :. +u~ .u~,, ~.~ ~. ,~ ~ap .... y ....... ~minage ~ar~e'" o .... be (c)A~er +u .....:,~, ...... :~' in ~.e ~ainage chime! has been ~.+~:~a ~.. ,~ .... : ....... the drainage 'ch-~ne!. 23 DRAFT: 9-6-05 24 DRAFT: 9-6-05 25 DRAFT: 9-6-05 ARTICLE V!II__~X INDEMNIFICATION Section g9.01. Indemnification of Shakopee and Prior Lake by the Watershed District. Subject to the limitations of Minnesota Statutes Sections 466.01 to 466.15 (1963, as amended), :g_the Watershed District shall indemnify and hold Shakopee and Prior lake harmless from any and all liability, cost or expense, including without limitation reasonable attorney's fees and court costs, arising out of or in connection with the construction, improvement, use and maintenance of the drc.'.'nage, ck. mnne!Outlet Channel by the Watershed District. Section g_9.02. Indemnification of the Watershed District and Prior Lake by Shakopee. Subject to the limitations of Minnesota Statutes Sections 466.01 to 466.15 (1963, as amended), Shakopee shall indemnify and hold the Watershed District and Prior Lake harmless from any and all liability, cost or expense, including without limitation reasonable attorney's fees and court costs, arising out of or in connection with Shakopee's improvement, use and maintenance of the ..... ~,, ck. ar. nelOutlet Channel ~'~'~ ~'~ '~-~; .... charnel easement. Section 9.03. Indemnification of the Watershed District and Shakopee by Prior Lake. Subject to the limitations of Minnesota Statutes Sections 466.0 l to 466.15 (1963, as amended), Prior Lake shall indemnify and hold the Watershed District and Shakopee harmless from any and all liability, cost or expense, including without limitation reasonable attorney's fees and court costs, arising out of or in connection with Prior Lake's improvement, use and maintenance of the Outlet Channel. Section 79.03 04. Insurance and Evidence Thereof. Each of the parties to this Agreement shall provide on the demand of the other, evidence that the risks covered by this Article are insured through an insurance company licensed to do business in the State of Minnesota by a policy or policies having minimum per occurrence limits of three Hundred Thousand ($300,000.) Dollars. ARTICLE x 7T RESOLUTIONS OF DISPUTES Section 810.01. Policy for Resolving Disputes. The parties to this Agreement acknowledge that if disputes do arise over the construction of this Agreement, or over the rights and obligations of the parties hereto, such disputes will, in all likelihood, affect substantial rights 26 ' I DRAFT: 9-6-05 with respect to the health and safety of the persons and property of the citizens residing within their respective jurisdictions and will further arise under the time frames that do not allow for extended investigation or negotiations regarding the relative merits of the respective position to the dispute. Therefore, the following procedure for resolving disputes has been implemented to give each party to this Agreement the oppommity to present, to the fullest extent possible, the essence of their position to a qualified arbitrator and yet at the same time receive a knowledgeable decision, from a person having sufficient technical experience and expertise, within the shortest possible time. Section 810.02. Procedure for Resolving Disputes. All disputes arising out of or in. connection with this A~eement shall be resolved as follows: (a) A meeting between the parties shall be held promptly within five (5) days after delivery of notice of any dispute to attempt in good faith to negotiate a resolution of the dispute. The dispute notice shall be delivered to all parties in the manner provided herein fbr notices. (b) If within five (5) days after such meeting, or any additional meetings as the parties mutually deem necessary, or if the parties fail to meet within five (5) days after delivery of the initial dispute notice, the parties agree to submit the dispute to mediation in accordance with Rule 114 of the Minnesota General Rules of Practice ,and bear equally the costs of the mediation. The patlies agree to participate in good faith in the mediation and negotiations related thereto for a period of ten (10) days, unless the parties mutually extend the mediation period. (c) If Ce parties are not successful in resolving the dispute through medlation, then any remaining unresolved controversy or claim arising out of or in connection with this Agreement shall be resolved by binding arbitration in accordance with Minnesota Statutes Section 572.08(c) (1957, as amended), and the following conditions: (i) The dispute shall be heard by a panel of three (3) arbitrators, one of whom shall be selected by each of the parties hereto within five (5~ days after expiration of the ten (10) day period for mediation of the dispute. The selection of arbitrators shall be made in a notice delivered to all ofl~er parties in the manner provided herein for notices. If any party tails to select an arbitrator within the five (5) day selection period, the remaining arbitrator(s) shall be selected within two 27 DRAFT: 9-6-05 (2) days after expiration of the initial selection period by the arbitrator(s) previously appointed by the panics. (ii) The hearing betbre the arbitrators shall be held within ten (10) days after selection of the arbitration panel, unless otherwise mutually agreed by the parties. (iii) The decision of the arbitrators shall be rendered within fifteen (15) days after selection of the arbitration panel, unless otherwise mutually agreed by the parties. 1'""'" ' t,,., ~,.,x j ,.,i.~_F.,,., ,..,., ,.,~,.~. ,.., j ,.,,.,., ic,,~,. Section 810.03. Enforcement of Award. The award of the arbitrators shall be enforceable by any district judge of the First Judicial District of the State of Minnesota. ARTICLE tXX~I AMENDMENT Section 911.01. Amendment. Any amendmem to this Agreement shall be in writing and duly executed by each of the parties. Any amendment shall be effective from and after the date that it is recorded in the Office of the Scott County Recorder. 28 · I DRAFT: 9-6-05 ARTICLE XII TERMINATION Section 4012.01 Perpetual. The duration of this Agreement shall be perpetual, or until otherwise expressly rescinded or terminated by the parties. Any such agreement of rescission or termination shall be recorded in the Office of the Scott County Recorder. ARTICLE X-tXIII DISTRIBUTION OF PROPERTY Section -14-13.01. Distribution of Property Generally. In the event of the rescission or termination of this Agreement, all property or surplus monies acquired as a result of the joint exercise of powers provided for herein shall be returned to the contributing party in proportion to the contribution provided for the respective party. Section 4-t-1~3.02. Title to Easements Upon Termination. Upon termination of this Agreement, the Watershed District shall convey to Shakopee, all of its fight, title and interest in that portion of the ~"; ....... ~ .... ,r~,,,1,~, Channel lying southedy-northerlv of Scott County Road 16 and within the municipal limits of Shakopee. ARTICLE X!!XIV MISCELLANEOUS Section -1-314.01. Notices. Any notice required to be given or submitted under this Agreement shall be duly given if delivered personally or if mailed, by certified or registered mail postage prepaid addressed to the --~""~ ~* "~: ....... ~: .... ~'~ ........... ;'~ ~'~ ...... *~' ~a46~administrator or manager of the addressee at their respective principal offices, or to such other address with respect to any party as such party shall notify the others in writing. Section 4--314.02. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the legal successors and assigns of the parties. Section 4-314.03. Construction. This Agreement shall be construed in accordance with the law of the State of Minnesota. 29 DRAFT: 9-6-05 T6' +,,~ c~h,~T- ..... By: Its: CITY OF PRIOR LAKE BY ITS MAYOR AND ITS CITY MANAGER CITY OF SHAKOPEE BY ITS MAYOR AND ITS CITY ADMINISTRATOR PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT 3O DRAFT: 9-6-05 BY ITS PRESIDENT AND ITS SECRETARY 31 DRAFT: 9-6-05 STATE OF MINNESOTA) ) ss COUNTY' OF SCOTT ) On this day of Agreement was acknowledge before me by , the ., 2003, the foregoing Joint Powers and and the , respectively, of the City of Prior Lake, a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) On this day of Agreement was acknowledged before me by , the ,2003, the foregoing Joint Powers and and the ., respectively of the City of Shakopee, a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) On this day of Agreement was acknowledged before me by the ,2003, the foregoing Joint Powers and and respectively, of the Prior Lake-Spring Lake Watershed District, a political subdivision of the State of Minnesota, on behalf of said district. Notary Public 32 EXHIBIT A Conceptual Design (Excerpted from "Prior Lake Outlet Channel Lake Volume Management Study," PLSLWD, May 2003) PIUOR. LAKE OUTLET PRIOR LAKE, MINNESOTA -~,' i~ i~ '(-~i~ ,~ · PRIOR LAKE OUTLET PR[OR LAKE, MINNESOTA :I:: PRIOK LAKE OUTLET PRIOR LAKE, MINNESOTA EXHIBIT B Outlet Operating Plan PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT OUTLET CONTROL STRUCTURE FOR PRIOR LAKE MANAGEMENT POLICY AND OPERATING PROCEDURES REVISED OCTOBER 2004 PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT 15815 FRANKI.IN TRAIL S.E., SUITE 100 PRIOR LAKE, MN 55372 Introduction TABLE OF CONTENTS Section I: Management Goals Section II: Management Policy A. Flood Reduction Goal B. Enhancement of Recreation, Wild and Aquatic Life Survival and Aesthetics Goal C. Improvement of Conditions Goal Section III: Operating Procedures A. Discharge Settings and Adjustments 1. Zone 1 - Maximum Drainage Channel Capacity 2. Zone 2 - 58 cfs Maximum 3. Zone 3 - Spring Discharge Period 4. Zone 4 - No Discharge B. Data Collection and Discharge Adjustment Procedures 1. Outlet Channel Discharge Data 2. Lake Levels, Ditch and Creek Discharge Data 3. Analysis and Reporting of Data 4. Implementation of Recommended Action 5. Frequency of Discharge Adjustment 6. Emergency Adjustment 7. High Water Conditions 8. Operational Responsibility 9. Annual Summary of Data Section IV: Terms and Amendments to the Management Policy and Operating Procedures A. Term B. Review of Management Policy and Operating Procedures Page 2 Approved by DNR: February 2005 LAKE OUTLET CONTROL STRUCTURE MANAGEMENT POLICY AND OPERATING PROCEDURES INTRODUCTION The purpose of this document is to state the goals, policies and operating procedures that govern the use of the Prior Lake Outlet Structure. The Outlet Structure is designed to allow water to be drained off Prior Lake during times of high lake levels in order to minimize the effects on structures around Prior Lake. The outlet has been used to discharge excess water from Prior Lake since it was constructed in 1983. The original structure controls discharge by means of a front slide gate and 16 side gates. However, after 20 year of use the structure has some cracks, monitoring has shown that it is inefficient in maximizing the use of the 36 inch reinforced concrete outlet pipe, and it is being used more than originally anticipated. In addition, the channel downstream of the outlet box could also be modified in several places to operate more efficiently and in ways that take care of erosion problems and enhance the environment. The District has therefore proposed channel improvements and a new outlet box. The new outlet box will consist of a fix-crested weir set at an elevation of 902.5 feet (mean sea level), which will eliminate the need to manually open and close the outlet to discharge water from the lake. The outlet box will be equipped with a slide gate to allow manual discharge of water between lake elevations 902.0 feet and 902.5 feet as allowed by this Operating Plan. The new outlet box will also be equipped with a slide gate on the outlet pipe to allow for closure of the outlet if needed. This revised Operating Plan reflects operating changes for the new outlet structure. Maintenance of the channel improvements is covered in the Joint Powers Agreement and the Outlet Channel Maintenance Plan that is being developed for the channel improvements. Background information and studies leading up to the decision for channel improvements and a new box are documented in the Environmental Assessment Worksheet for the Prior Lake Outlet and Channel Improvement Project prepared by the Prior Lake-Spring Lake Watershed District July 2004, and Page 3 Approved by DNR: February 2005 the Prior Lake Outlet Channel and Lake Volume Management Study prepared by the District in May 2003. Preparation of this study was made possible by a Flood Damage Reduction Grant from the Minnesota Department of Natural Resources, and included significant input from the public and from project parmers such as the Cities of Prior Lake and Shakopee and the Minnesota Department of Natural Resources (DNR). Plans for the new structure are included as Attachment 1. The District anticipates constructing the new outlet box in 2006 or 2007. In the interim, this updated Operating Plan will govern the operations of the existing outlet structure, except that the outlet gates will need to be manually opened and closed in accordance with this Plan until the new outlet box is constructed. The original lake outlet operation plan outlined four guidelines to follow with regard to lake outlet operation. The following is a list of the guidelines excerpted from that procedure. Runoff from the District shall, whenever and wherever practical, be retained or detained in storage upstream from Prior Lake as opposed to being allowed to flow to the lake and to the outlet. 2. The District intends to fully comply with all of the provisions of the Joint Powers Agreements. The establishing of hard and fast "release or no release" conditions and elevations for opening and closing the outlet will limit the necessary flexibility required for proper water resource management and should be decided in favor of closely monitoring conditions and reacting rationally to those conditions, predicted probable conditions, and predetermined calculations which indicate probable results of contemplated actions. 4. At any time the lake level reaches 903.5, the outlet will be open and sufficient water released to allow for the runoff from 1 O-year, one-hour storm. Page 4 Approved by DNR: February 2005 This Management Policy and Operating Procedure, though not adopting these guidelines specifically, has been written to continue using guidelines that are protective of downstream interests while minimizing property damage to Prior Lake lakeshore owners. This is reflected in the goals and policies presented in the next sections. Page 5 Approved by DNR: February 2005 SECTION I - MANAGEMENT GOALS The Management Goals are the desired end to which the District's policies are directed. The 1987 Operating Plan listed three specific goals to guide management of the outlet structure. The three goals are: 1. To reduce flooding on the lake and discharge channel to the greatest practical extent. 2. To enhance recreation, wild and aquatic life survival and aesthetics when feasible and consistent with the operating policy. 3. To minimize shoreline problems and downstream channel erosion by stabilizing lake levels and discharge rates. The new planning efforts for the project add a fourth goal which is: 4. To use a holistic approach for managing runoff to limit downstream flows that combines upstream runoff management within the watershed with an efficient outlet and stable channel. Page 6 Approved by DNR: February 2005 SECTION II - MANAGEMENT POLICY The Management Policies are a means to achieving an established goal. They are listed according to the goal they are designed to help achieve. A. Flood Reduction Goal 1. The District will control the discharge Rom Prior Lake to a flow rate not to exceed the lesser of the maximum capacity of the drainage channel or 65 cubic feet per second (cfs). 2. The District will require all upstream stormwater conveyance systems be designed to ensure flood protection for downstream receiving waters. 3. The District will require the optimum use of wetlands, detention ponds and infiltration techniques for the temporary storage of stormwater rtmoff. 4. The District will cooperate with other involved agencies to manage development based on the 100-year flood level for all bodies of water B. Enhancement of Recreation, Wild and Aquatic Life Survival and Aesthetics Goal. 1. The District will require erosion control measures to be implemented to improve and protect the appearance of shoreline areas. 2. The District will discourage the use of lake beds and beds of water bodies for the placement of roads, highways, utilities, and other non-water related activities. 3. The District will encourage the wise use of shorelands and other sensitive areas (e.g., steep slopes) in the Watershed District. C. Improvement of Conditions Goal The District will apply a multi-use approach to consider the benefits and detriments to not only the water resources but also on wild and aquatic life, recreation and aesthetics. Page 7 Approved by DNR: February 2005 2. The District will seek oppommities to develop or improve wild and aquatic life, recreation and aesthetics in conjunction with District projects. 3. The District will work to improve outlet channel conditions by stabilizing discl~arges. 4. The District will restore/enhance and maintain the outlet channel according to the conceptual design identified in the Prior Lake Outlet Channel and Lake Volume Management Plan completed by the District in May 2003 and the Joint Powers Agreement. Page 8 Approved by DNR: February 2005 SECTION III - OPERATING PROCEDURES The Outlet Operating Procedure establishes the limits within which discharges may occur. The procedure establishes discharge zones that are described as a function of lake level. A range of discharges is defined for each zone because of the numerous considerations which must be taken into account for operation of the outlet. The discharge zones are based on sound hydrologic principles and are designed to achieve the Management Goals and Policies. Hydrologic analysis and decisions related to establishing the discharge zones are documented in the Prior Lake Outlet Channel andLake Volume Management Study completed by the District in May 2003. The attached exhibits show the discharge zones and their allowable discharge rates. These zones are described in Section III.A below. The Joint Powers Agreements with the Cities of Prior Lake and Shakopee specify certain actions to be taken before releasing any water through the Lake Outlet. Prior to discharge of water through the outlet, 1) the City of Shakopee must be given 24 hour notice in writing of the potential for the outlet to begin discharging, 2) the drainage channel must be inspected to insure free flow of water, and 3) the available capacity of the discharge channel must be verified. A. Discharge Settings and Adiustments The discharge setting and adjustments are described as zones of control in the following paragraphs. A-l: Zone 1 - Maximum Drainage Channel Capacity At the lake elevation of 904.0, structures around the lake begin to experience damage due to flooding. To effectively respond to potential flooding, it is necessary for discharge to begin at lower lake levels. Zone 1 starts at lake elevation 903.5. For this situation, the maximum allowable rate shall be the available capacity in the drainage channel. As part of the overall Outlet and Channel Improvement Project, the outlet channel will be restored and enhanced to ensure it has the capacity to accept a maximum rate of flow from Prior Lake of 65 els without resultant damage to the drainage channel or to adjoining properties. The 65 cfs maximum Page 9 Approved by DNR: February 2005 discharge is based on the capacity of the outlet pipe that extends from the outlet below County State-Aid Highway (CSAH) 21, to the channel just west of CSAH 21. Each year, prior to the outlet beginning to discharge, the drainage channel must be inspected to insure free flow, and whenever the elevation of Prior Lake approaches 902.5 feet and the District anticipates that the outlet will soon begin to flow, a 24-hour notice must be given to the Cities of Shakopee and Prior Lake and the DNR regarding the potential for the Lake Outlet to begin to discharge.. A-2: Zone 2 - 58 els Maximum Allowable discharges within this zone range from zero to 58 cfs depending on the time of the year, elevation of Prior Lake, upstream reserves, channel stability and potential for flooding. The Lake Outlet is designed such that discharge will occur above elevation 902.5. Attachment 2 provides the rating curve for the outlet box and identifies the flow rates calculated for various lake levels. The District will monitor lake levels and notify the Cities of Prior Lake and Shakopee and the DNR when it appears that, based on an analysis of current lake level, upstream reserves and predicted precipitation, the level of Prior Lake is about to exceed 902.5 feet and the outlet is about to begin discharging. A-3: Zone 3 - Spring Discharge Period During March and April, discharge will be allowed above elevation 902.0, with the approval of the DNR Regional Office, based on an analysis of expected lake level increase due to snowmelt and upstream reserves. Allowable discharges within this zone range from zero to 30 els. A-4: Zone 4 - No Discharge Unless approved by the DNR, discharges will not be allowed when the lake is below elevation 902.5 except during March and April when discharges will not be allowed below elevation 902.0. The District may also request permission on a case by case basis from DNR to discharge when the lake elevation is between 902.0 and 902.5 in the fall of the year under extraordinary wet Page 10 Approved by DNR: February 2005 conditions. These wet conditions would consist of there is still a significant amount of the flow coming into Prior Lake from Spring Lake by November 1. This flow would need to create a risk for an over-winter rise in lake level, freeze-up of the outlet panel(s), and potential spring flooding problems in combination with snow melt. For consideration the District must provide evidence of the wet condition, and the risk of spring flooding. B. Data Collection and Discharge Adjustment Procedures Field data shall be collected and discharge adjustments at the Lake Outlet Control Structure shall be performed in accordance with this section to implement the policy identified in Section I, Management Policy. B-I: Outlet Channel Discharge Data Discharge measurements will be taken using continuous recording equipment installed at the outlet when the outlet structure is in operation. The outlet channel will also be routinely inspected (i.e., approximately daily during the first week of discharge from the outlet, and approximately every other day during subsequent weeks of discharge) at selected locations, such as road crossings, during outlet 6peration. These inspections will be completed to identify erosion or flooding problems and adjust outlet discharges in conformance with the JPA. B-2: Lake Levels, Ditch and Creek Discharge Data The following data will be collected: Data Water levels on Fish, Spring, Prior and Pike Lakes Flows from County Ditch 13 to Spring Lake Frequency Monthly (minimum) during open water season Continuous recording during open water season Flows from Spring Lake to Prior Lake Continuous recording during open water season Page 11 Approved by DNR: February 2005 B-3: Analysis and Reporting of Data The District shall analyze all data collected on a regular basis. A summary of that data shall be transmitted to the Managers and the DNR Regional Office annually, or more frequently if problems or issues arise. Should quickly changing conditions be encountered, verbal reports will be transmitted as required. All verbal summary reports shall include a recommendation for adjustment, if any, of the discharge at the control structure along with the time the adjustment is to be implemented. The recommendations shall also identify when the adjustment will be implemented. B-4: Implementation of Recommended Action Upon verbal approval by a majority of the Managers, the District shall implement the recommended discharge adjustment as directed and in accordance with Section III Operating Procedures. If the discharge adjustment is a significant change from the current discharge condition, the adjustment will be approved by the Board of Managers at the next regularly scheduled meeting of the Board. B-5: Frequency of Discharge Adjustment Discharge adjustment frequency will be limited, to the extent practical. Emergency discharge adjustments may be implemented under the conditions specified in paragraphs B.6 or B.7 below. B-6: Emergency Adjustment The District shall have the authority to change the discharge between regular adjustments where immediate change is necessary to reduce or avoid significant risk to safety or damage to property which would likely result if the change is made. The District Staff shall promptly communicate all such emergency adjustments to the Managers, the Cities of Prior Lake and Shakopee, and the DNR. If sudden conditions produce high outlet channel flows due to downstream runoff and it is feasible to store water on the lake for 12 to 48 hours, the outlet will be closed to allow outlet Page 12 Approved by DNR: February 2005 channel flows to abate. The District has developed a monitoring program using flow gauging stations and rain gauges to assist with promptly reacting to extreme rainfall events. B-7: High Water Conditions When high water conditions are reported or predicted, the District shall promptly investigate the reported or predicted high water condition and determine whether adjustment can be made in the discharge through the control structure that would reduce the high water conditions. If adjustments can be made that are consistent with the Management Policy, the District shall promptly make such adjustments as are appropriate to reduce high water conditions as soon as possible. B-8: Operational Responsibility The District may enter into a contract with another governmental agency to provide operating personnel._ Employees of the contracting agency will handle minor maintenance and repairs when required and will make regular trips to the site as directed by the District. The control structure shall be operated by the District in accordance with the limitations set forth in the Lake Outlet Control Structure Management Policy and Operating Procedures, Minnesota DNR Permit No. 79-6016 and the Joint Powers Agreement with the Cities of Prior Lake and Shakopee. B-9: Annual Summary of Data The District shall prepare an annual summary of all data received regarding outlet operations, including adjustments made in the discharge rate. This summary shall be distributed to the Managers, the Minnesota Department of Natural Resources, the municipalities of Prior Lake and Shakopee and the Board of County Commissioners of Scott County and shall be available to interested persons. Page 13' Approved by DNR: February 2005 SECTION IV - TERMS AND AMENDMENTS TO THE MANAGEMENT POLICY AND OPERATING PROCEDURES A. Term This document defines the Management Policy and Operating Procedures for the Lake Outlet Control Structure at Prior Lake for the period of January 1, 2005, and thereafter. Any amendments to this document shall be made pursuant to Section IV.2 below. B. Review of Management Policy and Operating Procedures On or before October 1, 2007, the District shall submit to the DNR any amendments to this Management Policy and Operating Procedures deemed necessary by the District for the three (3) year period commencing January 1, 2008. At least thirty (30) days prior to any submittal to the DNR, the District shall provide the municipalities within the watershed a copy of the proposed amendments such that sufficient opportunity to submit comments to the DNR is allowed. Within sixty (60) days of receipt, the DNR shall advise the District in writing of the acceptance, rejection, modification or additions to the proposal. Any public hearing that may be held on proposed amendment to the Management Policy and Operating Procedures shall be governed by Minnesota Statutes 103G.311. Ifa hearing is held, the existing operational procedures shall remain in full force and effect until a final administrative decision is reached. Following the final administrative hearing decision, or if no hearing is held, the amendments, if any, shall be incorporated into the foregoing Management Policy and Operating Procedures for the following three (3) year term commencing January 1, 2008 and be distributed to affected municipalities and agencies. This review procedure shall be repeated every three (3) years. Page 14 Approved by DNR: February 2005 Attachment 1: Conceptual Plans for Revised Outlet Structure Page 15 Approved by DNR: February 2005 Attachment 2: Rating Curve for Existing and Proposed New Outlet Structure New Old Rating Rating Curve Curve Depth WSEI Q- cfs Q- cfs 0 898.68 0i 0 0.6 899.28 0 0 1.2 899.88 0 0 1.8 900.48 0 0 2.4 901.08 0 0 3 901.68 0 0 3.1 901.78 0 0 3.2 901.88 0 0 3.3 901.98 0 0 3.4 902.08 0 0 3.5 902.18 0 0 3.6 902.28 0 0 3.7 902.38 0 7.12 3.8 902.48 0 14.24 3.9 902.58 6.72 21.36 4 902.68 22.68 28.48~ 4.1 902.78 44 35.59 4.2 902.88 56.54 42.71 4.3 902.98 56.75 49.83 4.4 903.08 56.95 55.14 4.5 903.18 57.15 57.15 4.6 903.28 57.35 57.35 4.7 903.38 57.55 57.55 4.8 903.48 57.75 57.75 4.9 903.58 57.94 57.94 5 903.68 58.14 58.14 5.1 903.78 58.34 58.34 5.2 903.88 58.53 58.53 5.3 903.98 58.73 58.73 5.4 904.08 58.92 58.92 5.5 904.18 59.12 59.12 5.61 904.28 59.31: 59.31, 5.7 904.38 59.5 59.5 5.8 904.48 59.7 59.7 5.9 904.58 59.89 59.89 6 904.68 60.08 60.08 6.1 904.78 60.27 60.27 6.2 904.88 60.46 60.46 6.3 904.98 60.65 60.65 6.4 905.08 60.84 60.84 6.5 905.18 61.02 61.02 6.6 905.28 61.21 61.21 6.7 905.38 61.4 61.4 6.8 905.48 61.58 61.58 6.9 905.58 61.77 61.77 (Cont.) New Old Rating Rating Curve Curve Depth WSEI Q- cfs Q- cfs 7 905.68 61.95 61.95 7.1,905.78 62.14 62.14 7.2 905.88 62.32 62.32 7.3 905.98 62.51 62.51 7.4 906.08 62.69 62.69 7.5 906.18 62.87 62.87 7.6 906.28 63.05 63.05 7.7 906.38 63.24 63.24 7.8 906.48 63.42 63.42 7.9 906.58 63.6 63.6; 8 906.68 63.78 63.78 8.1 906.78 63.96 63.96 8.2 906.88 64.13 64.13 8.3 906.98 64.31 64.31 8.4 907.08 64.49 64.49 8.5 907.18 64.67 64.67 8.6 907.28 64.84 64.84 8.7 907.38 65.02 65.02 8.8 907.48 65.2 65.2 8.9 907.58 65.37 65.37 9 907.68 65.55 65.55 9.1 907.78 65.72 65.72 9.2 907.88 65.9 65.9 9.3 907.98 66.07 66.07 9.4 908.08 66.24 66.24 9.5 908.18 66.41 66.41 EXHIBIT C Outlet Channel Restoration and Enhancement Project Construction Schedule Segment 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Prior Lake To C (winter CR42 D 05-06) M1 M1 M1 M1 M1 M2 M2 M2 M2 CR 42 to Pike C (winter i Lake Inlet D 06-07) M1 M1 M1 M1 M1 M2 M2 M2 Pike Lake Inlet to Pike Lake C (winter Trail D 07-08) M1 M1 M1 M1 M1 M2 M2 Pike Lake Trail C (winter toCR16 D 07-08) M1 M1 M1 M1 M1 M2 M2 CR 16to Deans Lake C (winter Outlet D 05-06) M1 M1 M1 M1 M1 M2 M2 M2 M2 Deans Lake C (fall- Outlet to TH winter 05- 169 D 06) M1 M1 M1 M1 M1 M2 M2 M2 M2 TH 169 to TH C (winter 101 D 06-07) M1 M1 M1 M1 M1 M2 M2 M2 ~TH 101 to Blue C (winter Lake Inlet D 08-09) M1 M1 M1 M1 M1 M2 Notes: D= Design, C= construction, M1= 0-5 yr maintenance, M2, 6+ yr maintenance. EXHIBIT D Calculation Method for Outlet Channel Cost-Share Allocation The Outlet Channel cost-share allocation in Table 4 was calculated for each Outlet Channel segment as follows: 1. The tributary drainage area for each Project Cooperator from Table 1 was multiplied by the maximum discharge rate per acre from Table 2. The resulting peak discharge rate for each Project Cooperator was then multiplied by a duration factor (see Table D-l) to factor in the period of discharge in addition to the maximum discharge rate. Table D-1. Duration Factors. Prior Lake-Spring Lake Watershed District City of Shakopee, south of Dean Lake (Upstream) City of Shakopee, north of Dean Lake (Downstream) City of Prior Lake 2 1 0.5 Shakopee Mdewakanton Sioux Community 3. The flows from each Project Cooperator were then added to determine the total flow for that segment, in cfs-days. Finally, for each Project Cooperator the relative flow contribution was determined as a percent of the total. That percent was then identified as the cost-share allocation for the Project Cooperator for that segment (see Table D-2). Table D-2. Cost-Share Allocation Calculation Table. ~rior Lake Spring Lake Watershed District (PLSLWD) -- 65 650 91.7% City of Shakopee 0 0 0 0.0% City of Pdor Lake 658 112 56 7.9% Shakopee Mdewakanton Sioux Communi~ {SMSC~ 28 1 3 0.4% PLSLWD - 65 650 88.9% Ci~ of Shakopee 0 0 0 0.0% City of Prior Lake 261 156 78 10.7% SMSC 3 2 3 0.4% PLSLWD - 65 650 76.7% Ci~ of Shakopee 94 9 19 2.2% Ci~ of Prior Lake 1,145 351 175 20.7% SMSC 5 2 4 0.4% PLSLWD - 65 650 40.1% Ci~ of Shakopee 2,622 272 543 33.5% Ci~ of Prior Lake 827 492 246 15.2% SMSC 1,787 91 182 11.2% PLSLWD - 65 650 36.6% Ci~ of Shakopee 758 347 695 39.2% Ci~ of Pdor Lake 0 492 246 13.9%. SMSC 7 92 183 10.3% PLSLWD 65 650 36.9% City of Shakopee 927 656 656 37.3% Ci~ of Prior Lake 0 492 246 14.0% SMSC 261 105 209 11.9% PLSLWD 65 650 29.1% Ci~ of Shakopee !,407 1125 1125 50.5% City of Prior Lake 0 492 246 11.0% SMSC 0 105 209 9.4% PLSLWD 65 650 28.7% City of Shakopee 101 1159 1159 51.2% City of Prior Lake 0 492 246 10.9% SMSC 0 105 209 9.2% EXItlBIT E Outlet Channel Restoration and Enhancement Project Construction and Maintenance Costs The following table presents the engineer's estimate for the costs of the design and construction of the Outlet Channel Restoration and Enhancement Project and the first five years of maintenance, by Project Partner: 2005 2006 2007 2008 2009 PLSLWD $ - $904,095 $475,501 $398,~91 $222,551 City of Shakopee $ $434,533 $267,753 $209,693 $173,369 City of Prior Lake $ - $192,996 $114,165 $115,049 $59,875 S MSC $ $119,424 $68,427 $57,647 $38,326 Total $ $ 1,651,048 $ 925,845 $ 780,980 $ 494,120 2010 $181,567i $100,299~ $44,379 $25,135! $ 351,380 2011 2012 "2013 2014 2015 PLSLWD $155,731 $117,642 $81,281 $81,281 $77,865 City of Shakopee $ 86,027 $68,796 $49,103 $49,103 $43,014 City of Prior Lake $ 38,064 $29,993 $20,323 $20,323 $19,032 SMSC $ 21,558 $16,623 $11,878 $11,878 $10,779 Total $301,380 $ 233,055 $ 162,585 $ 162,585 $.150,690 Partner Total " 15 $2,696, 0 $1,481,688 $654,198 $381,677 5,213,669 Note: Annual costs shown here include capital and maintenance costs, but not any easement acquisition costs. Capitol construction cost estimates are based on $150/linear foot of channel. Prior Lake Channel Segments in CRy of Prior Lake Legend ~ Prior Laka Outlet Channel ---- Roads L .... j PLSLWD Boundary CRy of Pdor Lake Boundary Outlet Channel Segment Segment Boundary 014 ~ ~ ~ 018 Miles Prior Lake Outlet System and Channel Segments Legend ~ Prior Lake Oullet Channel -- Roads L ......~ PLSLWD Boundary CNy of Pdor Lake Boundary Outlet Channel Segment Segment Boundary 017 ~ ~ ~ 114 Miles