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Home My WebLink About10B - SL/PL Watershed Outlet MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: '\ Maintenance Center 17073 Adelmann Street S.E. Prior Lake, Minnesota 55372 CITY COUNCIL AGENDA REPORT JANUARY 3,2006 10B STEVE ALBRECHT, PUBLIC WORKS DIRECTOR/CITY ENGINEER FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF A RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE PRIOR LAKE SPRING LAKE WATERSHED DISTRICT FOR THE OUTLET CHANNEL SEGMENT 1 IMPROVEMENTS Introduction The Prior Lake Spring Lake Watershed District (PLSLWD) is proposing to complete the outlet channel segment 1 improvements as shown on the attached exhibit. The improvements are necessary to stabilize the channel and guarantee the long term viability of the outlet channel. The City of Prior Lake directly benefits from these improvements and has budgeted funds in the Capital Improvement Program (CIP) for these improvements. The purpose of this agenda item is to approve the cooperative agreement for segment 1. History In the early 1980's the PLSLWD constructed a channel to provide an outlet to Prior Lake. This channel flows north through Prior Lake and Shakopee to Blue Lake and ultimately the Minnesota River. The existing channel has degraded due increased flow and minimal maintenance which has resulted in side slope failures and erosion. The PLSLWD is proposing to improve the channel in several segments over the next 5 years. Segment 1 is from CR 21 through the Jeffers Pond property to Fountain Hills Drive. The Prior Lake City Council has reviewed the proposed improvements on several occasions, most recently at a n October 3, 2005 workshop. The City has included $300,000 in the City's capital planning budget for outlet channel improvements including segment 1 for 2006. This segment of channel receives direct runoff from several areas of Prior Lake including Jeffers Pond, Jeffers South, Wilds Ridge and Wilds Ridge North along with CR 21. The City has collected Trunk Stormwater fees from the developers of G:\Stonnwater\agenda outlet channel cooperative agreement.doc www.cityofpriorlake.com Phone 952.440.9675 / Fax 952.440.9678 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: these properties to pay for the improvements. Because the channel degradation is directly related to increased flows from development and the additional channel capacity will directly benefit development the City can utilize Trunk Stormwater Funds. Current Circumstances The PLSLWD has awarded a contract for the outlet channel segment 1 improvements in the amount of $597,978.54 contingent on approval of the Cooperative Agreement by the City. The City's portion of this cost is $47,240.31. The remainder is the responsibility of the PLSLWD and is paid for from the funds generated by their tax levy. Conclusion Staff is recommending that the Council approve a Cooperative Agreement for the Segment 1 improvements. The total cost to the City of Prior Lake for the outlet channel segment 1 improvements is $47,240.31. The funds are available in the Trunk Stormwater Fund for the project. The alternatives are as follows: 1. Approve a Resolution approving the Cooperative Agreement with the PLSLWD for the Outlet Channel Segment 1 Improvements. 2. Deny this agenda item for a specific reason and provide staff with direction. 3. Table this item to a certain date in the future. Staff recommends alternative number 1. G:\Stormwater\agenda outlet channel cooperative agreement.doc _.,,-+--__.,.___.",._~....__^",............_.,. "-'_~""_~"_:"'~_""_"_"'.__~f' -_._~... .. WHEREAS, WHEREAS, WHEREAS, WHEREAS, Maintenance Center 17073 Adelmann Street S.E. Prior Lake, Minnesota 55372 RESOLUTION OS-XX RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE PRIOR LAKE SPRING LAKE WATERSHED DISTRICT FOR THE OUTLET CHANNEL SEGMENT 1 IMPROVEMENTS Motion By: Second By: The City has budgeted for the outlet channel segment 1 improvements in the CIP; and The PLSLWD has awarded a contract in the amount of $597,978.54 for the project; and The City of Prior Lake's share of the costs are $47,240.31 for the outlet channel segment 1 improvements; and The proposed improvements benefit existing and future development and shall be paid for from the Trunk Stormwater Fund. 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 approves the Cooperative Agreement for the Outlet Channel Segment 1 Improvements. PASSED AND ADOPTED THIS 3RD DAY OF JANUARY 2006. { Seal} YES NO Hauaen Hauaen Dornbush Dornbush leMair leMair Erickson Erickson Millar Millar Frank Boyles, City Manager . www.cityofpriorlake.com O.\~tQI:A:P:I{:lter\~8evda ontlpt l"h~nnpl i"'n"PPT~hvp ~grpP:mP.Tlt doc Phone 952.440.9675 / Fax 952.440.9678 COOPERATIVE AGREEMENT bJP~ THIS AGREEMENT, made and entered into this _ day of , b~aI' between the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota ("District"), and the CITY OF PRIOR LAKE, a municipal corporation ("City"). RECITALS WHEREAS, A. The District and the City are parties to a Joint Powers Agreement, dated June 2, 1981, ("Joint Powers Agreement") for the use and management of a drainage channel that traverses through the City and ultimately to the Minnesota River ("Channel") . WHEREAS B. Since 1981, the City has begun using the Channel to convey storm water from developed areas within its boundaries that are directly tributary to the Channel. WHEREAS C. The District is engaged in a project to restore and enhance that portion of the Channe110cated north and west of County State-Aid Highway 21 and south of County State-Aid Highway 42, on the northeast quarter and southeast quarter of Section 27, Township 115, Range 22, Scott County, Minnesota, in the City (Segment 1) to complete needed repairs and ensure channel stability and capacity for existing and future storm water flows ("Segment 1 Restoration"). WHEREAS D. The City has expressed its willingness to participate in the costs of the Segment 1 Restoration in an amount proportional to the City's existing and projected use of Segment 1 for the conveyance of storm water from land directly tributary to Segment 1. The District and the City desire to enter into this agreement to set forth the terms and conditions under which the City will reimburse the District for the City's share of the Segment 1 Restoration cost. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The recitals set forth above are incorporated herein as if fully set forth.. 2. CONSTRUCTION. All work shall be completed under the direction of the District, consistent with the plans attached hereto as Exhibit A. The District shall be responsible for all required permits and shall inspect the construction ofthe work. 3. REIMBURSEMENT. (a) The City shall reimburse the District $47.240.31 for the design and construction costs of the Segment 1 Restoration ("reimbursement Amount"), which is 7.9 percent of the total design and construction costs of $597,978.54. -----~.-._--~~~_. ~-"""~""-~"""'''.''"''~~~~'''''-M~4,''-'-"'"''~''--''-''-''.'---i.",-'..._--- (b) Ninety percent of the reimbursement amount shall be paid by the City to the District upon request by the District after construction on the project begins. ( c) The remaining 10 percent balance amount shall be paid to the District within 30 days after notice to the City that the construction of the Segment 1 Restoration has been completed, accompanied by invoices or other documentation verifying the costs incurred by the District to construct the project. (d) In the event of any changes to the approved plans and specifications that result in a change in the costs of construction of Segment 1 Restoration, the District's engineer shall compute the total amount of such costs by reference to the unit costs and quantities in the approved plans and specifications or, in the event the change to the work involves items for which no unit costs or quantities are contained in the approved plans and specifications, such costs shall be definitively determined by the additional charge made by the District's contractor(s) as approved by the District's engineer. Any increase or decrease in the Reimbursement Amount shall be based on the percentage that the City is paying for the Segment 1 Restoration. Any increase in the City's share of the Reimbursement Amount shall be subject to the review and approval of the City Engineer (d) Amounts not so paid as required by subparagraphs (b) through (d) above shall accrue interest at a rate of 3 percent per year. 4. DISPUTES. The parties shall attempt in good faith to settle any dispute arising out of or relating to this Agreement by mediation under the Commercial Mediation Rules of the American Arbitration Association. Thereafter any remaining unresolved controversy or claim arising out of or related to this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the arbitration award may be entered as a final judgment in any court having jurisdiction therein. Any dispute as to whether a controversy or claim is subject to arbitration shall be submitted as part of the arbitration proceeding. 5. MISCELLANEOUS. Time is ofthe essence for this Agreement. This Agreement is made in the State of Minnesota and shall be governed by Minnesota law. This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. This agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine, or neuter as the context requires. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys' fees from the other party for all matters, including but not limited to appeals. Scott County, Minnesota, shall be his proper venue for any litigation, arbitration or mediation involving this Agreement. ---.--. ----" .".--- ---.-",-. - -- ----.,"-----...> ,,"" -. " PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT CITY OF PRIOR LAKE BY Its President BY Its AND Its Secretary AND Its "__""_'__'~'_' '_.,.,.o<_."....~~.,~......-_._,.,...-.~.."'---"..,---"....."-_.'t-'~-__.".,._~_I_.,.._.h_....,. _"",.__,_~,_....,.__,. Prior Lake Outlet System and Channel Segments Note that there is no defined channel through Dean Lake, Pike Lake or Jeffers Ponds. The channel center1ine through these water bodies is only provided for stationing purposes. .\ \ '\ j .// - PrIor Lake Outlet Channel - Roads C. ~ ~~: PLSLWD Boundary CIty of Prior lake Boundary Outlet Channel Segment y 0.35 I 017 114 Miles ~,..,-i ...._~.- _...._'"._......_...i-..'..~_.-....._"..~