HomeMy WebLinkAbout10A - Eagle Crk. Cir. Water Con
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
MARCH 6, 2006
10A
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A
COOPERATIVE AGREEMENT FOR THE EAGLE CREEK CIRCLE WATER
CONNECTION WITH THE SHAKOPEE MDEWAKANTON SIOUX
COMMUNITY
Introduction
The purpose of this agenda item is for the City Council to approve a
cooperative agreement with the Shakopee Mdewakanton Sioux Community
(SMSC) for the Eagle Creek Circle Water Connection.
Historv
A 10 acre parcel of SMSC Trust Land identified as the Eagle Creek
Subdivision is locate immediately to the west of CR 21 along Eagle Creek
Circle (see attached exhibit). This segment of trust land is isolated from the
balance of the SMSC. The subdivision contains 10 home sites that are
currently served by 3 wells and a sewer system connected to the City of Prior
Lake.
The City of Prior Lake currently has water available at each end of Eagle
Creek Circle.
Current Circumstances
In an effort to provide a more reliable source of water, better fire protection and
eliminate maintenance on individual wells the SMSC has proposed a
Cooperative Agreement with the City of Prior Lake to provide water to the
Eagle Creek Subdivision.
This will also allow the City of Prior Lake to complete a watermain loop to
Jeffers South eliminating a dead end segment of watermain (and in the
process improve water quality and availability). Additionally the proper
abandonment and reduction of the number of wells within the City helps
protect the City's existing groundwater resources.
The City and SMSC currently have two water system interconnects that allow
us to provide and obtain water as needed. It is not feasible for the SMSC to
install an independent water system to serve these 10 lots.
As stipulated in the Cooperative Agreement the SMSC has agreed to pay all of
the required development fees for the water connection. The water system
related fees for these parcels are $74,700.00. This is the same amount that a
developer would pay on non-trust land. Additionally the SMSC will be
responsible for all maintenance of the water system on SMSC Trust Land. In a
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standard development the City would be responsible for the water system once
the improvements are accepted. In this case the City will collect for the
development fees and metered watered use without any maintenance
obligations for the system.
FINANCIAL
IMPACT:
There is no financial impact to the City.
ALTERNATIVES:
1. Approve a resolution authorizing a Cooperative Agreement for the
Eagle Creek Circle Water Connection with the SMSC.
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.
RECOMMENDED
MOTION:
Staff recommends alternative number 1.
A~er'C3
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
Motion By:
Second By:
WHEREAS, The City desires to cooperate with the Shakopee Mdewakanton Sioux Community
(SMSC) on water system issues; and
WHEREAS, Connection of Eagle Creek Circle to the City's water system will eliminate 3 private
wells and a dead end segment of watermain within the City; and
WHEREAS, The SMSC has agreed to pay the required water system related development and
building permit fees in accordance with the City's 2006 fee schedule; and
WHEREAS, The SMSC has agreed to pay for water use in accordance with the City's current water
rates; and
WHEREAS, The SMSC will maintain all water system improvements on trust land.
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 Mayor and City Manager are authorized to execute a Cooperative Agreement with the SMSC
for the Eagle Creek Circle water system connection.
PASSED AND ADOPTED THIS 6TH DAY OF MARCH, 2006.
Hauaen Hauaen
Dornbush Dornbush
Erickson Erickson
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
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DRAFT
INTERGOVERNMENTAL COOPERATIVE AGREEMENT
FOR THE CONSTRUCTION AND MAINTENANCE OF
WATER SUPPLY CONNECTIONS BETWEEN
THE SHAKO PEE MDEW AKANTON SIOUX COMMUNITY
AND THE CITY OF PRIOR LAKE
This Agreement made and entered into this day of 2006, by and between then
Shakopee Mdewakanton Sioux Community (hereinafter the "Community"), a sovereign Indian
Tribe, federally recognized and organized under the provisions of the Indian Reorganization Act
of 1934, and is governed under the terms of the Constitution approved by the Secretary of the
Interior on November 28, 1969, as amended, and the City of Prior Lake ("City"), a Minnesota
municipal corporation.
RECITALS
WHEREAS, the Community desires to cooperate with the City on issues of mutual concern
that will encourage and enhance the govemment-to-govemment relationship
between the City and the Community; and
WHEREAS, the parties each respectively desire to provide for the protection of people and
property and ensure a continuous supply of safe drinking water for public and
private users within each respective jurisdiction; and
WHEREAS, the Community currently provides water services to ten (10) home sites located
on Community lands, commonly known as the Eagle Creek Subdivision, through
three (3) residential water well systems; and
WHEREAS, a feasibility report prepared by the Community, indicates that such water services
can be more efficiently provided from a water main owned and operated by the
City; and
WHEREAS, the Community and the City have preliminarily agreed on a plan for the
construction and maintenance of a water facility to be located on lands of the
Shakopee Mdewakanton Sioux Community in Prior Lake to serve the Eagle
Creek Subdivision; and
WHEREAS, pursuant to such plan, the Community shall design and construct the water facility
and the City shall review the design and inspect the construction of the facility;
and
WHEREAS, the facility will be constructed as a Community project rather than a City project;
and
DRAFT
INTERGOVERNMENTAL COOPERATIVE AGREEMENT
FOR THE CONSTRUCTION AND MAINTENANCE OF
WATER SUPPLY CONNECTIONS BETWEEN
THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
AND THE CITY OF PRIOR LAKE
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This Agreement made and entered into this day oflBllll, 2006, by and between then
Shakopee Mdewakanton Sioux Community (hereinafter the "Community"), a sovereign Indian
Tribe, federally recognized and organized under the provisions of the Indian Reorganization Act
of 1934, and is governed under the terms of the Constitution approved by the Secretary of the
Interior on November 28, 1969, as amended, and the City of Prior Lake ("City"), a Minnesota
municipal corporation.
RECITALS
WHEREAS, the Community desires to cooperate with the City on issues of mutual concern
that will encourage and enhance the government-to-government relationship
between the City and the Community; and
WHEREAS, the parties each respectively desire to provide for the protection of people and
property and ensure a continuous supply of safe drinking water for public and
private users within each respective jurisdiction; and
WHEREAS, the Community currently provides water services to ten (10) home sites located
on Community lands, commonly known as the Eagle Creek Subdivision, through
three (3) residential water well systems; and
WHEREAS, a feasibility report prepared by the Community, indicates that such water services
can be more efficiently provided from a water main owned and operated by the
City; and
WHEREAS, the Community and the City have preliminarily agreed on a plan for the
construction and maintenance of a water facility to be located on lands of the
Shakopee Mdewakanton Sioux Community in Prior Lake to serve the Eagle
Creek Subdivision; and
WHEREAS, pursuant to such plan, the Community shall design and construct the water facility
and the City shall review the design and inspect the construction of the facility;
and
WHEREAS, the facility will be constructed as a Community project rather than a City project;
and
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WHEREAS, the Community has determined a need for the delivery of water services to the
Eagle Creek Subdivision, and has proceeded to order plans and specifications and
incurred other costs in anticipation of construction of the facility as set forth in the
feasibility study; and
WHEREAS, the water facility referred to in this Agreement is intended to serve the service
area depicted in Drawing No.1 of Exhibit A [to be attached]; and
WHEREAS, the parties agree that the plan to construct and maintain the water facility as a
joint cooperative intergovernmental effort will serve the parties mutual best
interests.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and
for such good and valuable consideration, the sufficiency of which is not disputed, the City of
Prior Lake and the Shakopee Mdewakanton Sioux Community hereby agree as follows:
1. Definitions. As they are used in this Agreement, the following terms shall have the
meaning given to them in this Section:
City shall mean the government of the City of Prior Lake, Minnesota.
Community shall mean the government of the Shakopee Mdewakanton Sioux
Community, a federally recognized Indian Tribe.
County shall mean the government of Scott County, Minnesota.
Connection Unit shall mean a residential or commercial building connection to the
Facility system or any independent water service line that would utilize the Facility.
Facility shall mean the water facilities to be constructed by the Community and
connected to City utilities to serve the service area depicted as Figure 3 of Exhibit B [to
be attached].
Parties shall mean the City of Prior Lake and the Shakopee Mdewakanton Sioux
Community.
2. Purpose. The Community and the City desire to provide a responsible solution to
providing water services for the Eagle Creek Subdivision.
2.1 Recitals. The recitals set forth above are incorporated herein as if fully set
forth.
2.2 Exhibits. Exhibit A referred to in the Recitals above is incorporated by reference
into this Agreement as if they were fully set forth herein.
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3. Connection Fees. As part of the consideration for permitting the Community to connect
the Facility to the City's water pipes, the Community agrees to pay the following City
fees:
* Connection fee:
* Water Trunk Acreage Charge
* Water Tower Charge
* Water Inspection:
* Water Meter
* Pressure Reducer
10 units @ $
9.55 acres
10 units @
10 units @ $17.50
10 units @ $250.00
10 units
TOTAL: $ '4~100H)Q
3.1 Amount of Fee. Notwithstanding the foregoing, in no event shall the amount
charged by the City exceed the aggregate fee according to the schedule duly
adopted by adopted by the City Council and in effect citywide at the time the fee
is required to be paid.
3.2 Payment of Fees Required. All fees set forth in this Paragraph 3 for those
connection units utilizing the Facility at the date of completion shall be paid by
the Community upon completion of the construction of the Facility and before the
Facility is operational.
4. Preliminary Desh!n. The preliminary design of the Facility shall be in substantial
accord with the design outlined in the Preliminary Engineering Report of Bolton &
Menk, Inc., March 22, 2004. A copy of this Preliminary Report is attached hereto as
Exhibit B and incorporated herein as if set forth fully at this point.
5. Plans and Specifications. Prior to the commencement of construction of the Facility, it
shall be the obligation of the Community to provide to the City plans and specifications
for the Facility, prepared by a professional engineer licensed by the State of Minnesota.
Such designs shall be in accordance with the requirements of the City Public Works
Design Manual, incorporated by reference herein. The designs shall include individual
water metering with remote reading capabilities required by Paragraph 12 of this
Agreement. The Community shall purchase the water meters from the City. The City
shall have the right to review and approve the plans and specifications for the Facility,
said comments to be received within fifteen (15) business days after submission of a
complete set of the plans and specifications to the City. The plans and specifications
shall be submitted by the Community to the Indian Health Service and Minnesota
Department of Health for review, comment and approval.
6. Necessary Approvals and Ri!!hts-Of-Wav. All parts of this project are located on lands
held in trust for the Shakopee Mdewakanton Sioux Community and the Community
hereby grants approval for location of the Facility on said trust lands.
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7. Permits. The Community shall not be required to obtain any State, County or City
permits. The Community shall apply for applicable Tribal and Federal permits including,
but not limited to, a Site Deve10 ment Permit and a Construction Site NPDES Permit.
8. Inspection Durine Construction. It shall be the obligation ofthe Community to provide
for adequate and customary construction observation and testing of the Facility during its
construction by inspection personnel under the direction of a professional engineer
licensed in the State of Minnesota in order to ensure that the construction comports with
the plans and specifications described in Paragraph 5 of this Agreement. The City may,
in its discretion, inspect the Project at any time during regular business hours with proper
notice of intent to inspect. The Community shall ensure that all bacteria testing
methodology and results will meet or exceed Federal and State of Minnesota standards.
The Community further agrees to provide the City copies of all such bacteria test results
before the City provides water service to the Community.
9. Costs. The cost of all aspects of the design, construction, construction observation and
testing of the Facility shall be borne by the Community.
10. As-Built Drawines. Within three (3) months of completion of the Facility, the
Community shall provide As-Built Drawings, certified by a professional engineer
licensed in the State of Minnesota, to the City and shall retain a copy of the same in the
records of the Community. The Community shall also submit the As-Built Drawings in
electronic format to the City in a format compatible with the City's current software. If
the As-Built Designs indicate that the Facility as constructed is not substantially in
conformance with the City Public Works Design Manual and the approved plans and
specifications and all modifications thereof, the City shall notify the Community in
writing of the alleged deficiencies. The Engineer and the City Engineer shall meet to
determine whether such lack of conformity with the design Manual or approved plans
and specification is, in their professional opinion, substantial and whether the alleged
deficiency will adversely affect the City water systems. If it is determined that any
nonconformity is substantial and may, if not corrected, adversely affect the Facility or the
City system, the Community shall, after notice, promptly make the corrections to the
system to bring it into conformity.
11. Ownership of the Facility. Upon completion of the Facility, the Community shall retain
all right, title and interest in and to all portions of the Facility which lie within the
Community, either on lands held in trust or lands owned in fee. The Community shall
convey to the City by quit claim deed all of the Community's right, title and interest in
and to the portions of the Facility, if any, which lies within the City and not on
Community property.
12. Meterine. The Community agrees to install and maintain individual water meters
approved by and purchased from the City for each residence connected to the system.
The Community shall be responsible for the costs of acquisition, installation ande
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maintenance of the water meters. The meters shall be remotely read and the City will bill
the Community according to the City's scheduled utility billing cycle.
13. Payment of Water ConsumDtion Fees. The City shall bill the Community based on the
flow reported at the prevailing City water rates in effect at the time of billing. The
Community shall be responsible for determining and implementing a method to bill and
collect fees from individual properties connected to the Facility within the Community.
Payment to the City shall not be dependent on the Community collecting fees from the
individual properties connected to the Facility.
14. Maintenance of the Facilitv. The Parties agree that the Community shall be responsible
for all regular ongoing maintenance of the Facility for all portions of the Facility located
on Community lands. The City agrees to be responsible for all regular ongoing
maintenance of the Facility for all portions of the Facility lying in the City at the same
level as other facilities within the City and as reflected in the fee charged for services for
all other portions of the system. Each Party shall be responsible for any replacement or
repair to the system beyond regular maintenance with their respective territories. The
City shall provide a semi-annual water main flushing for the entire system. In the event
of water main breaks, the Community shall notify the City immediately of the situation.
Service requests and complaints shall be separately received and handled by each Party
depending upon who owns the portion of the water main where the break occurs.
15. Service. The City shall provide a regular and uninterrupted water supply service except
for periods of regular maintenance, and except for events not within its control including,
but not limited to, flood, natural disasters, or other natural events beyond the control of
the City.
16. Notice. Notice provided under this Agreement shall be in writing, signed by the officers
signatory to this Agreement or their successors and shall be sent by Certified Mail,
Return Receipt Requested, to the Parties at the following addresses:
To the Community: Shakopee Mdewakanton Sioux Community
Attention: Tribal Administrator
2330 Sioux Trail, NW
Prior Lake, MN 55372
To the City: City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372-1714
Attention: City Manager
17. Hold Harmless and Indemnification. The Community hereby indemnifies and holds
the City harmless from any and all causes or claims arising out of or in connection with
the Facility or this Agreement. The Community further agrees to indemnify the City
against, and hold them harmless from those claims, liabilities, demands, damages, costs
and expenses arising out of negligent or willful actions by the Community, its employees
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or residents which result in penalties imposed against the City, whether by federal, state
or local governmental units, for violations of permits which are required for the City to
continue operation of the water facilities to which the Community is connected. The City
of Prior Lake hereby indemnifies and holds the Community harmless from any and all
causes of action or claims arising out of negligent or willful actions by the City in
connection with services provided pursuant to this Agreement.
18. Governmental Authoritv. Nothing in this Agreement shall be construed or interpreted
to limit or expand any jurisdiction or authority of either of the parties, to waive any
immunities, or to otherwise modify the legal rights of any person, to accomplish any act
violative of tribal, state or federal law or to subject the parties to any liability to which
they would not otherwise be subject by law.
19. Sovereie:n Immunitv. Nothing in this Agreement or in any amendment or other
documents made part of this Agreement is nor shall be construed to be a waiver of the
Community's sovereign immunity from suit, and the Community hereby expressly
retains its sovereign immunity from suit. In the event of a conflict between the
provisions of this paragraph and any other language contained herein, the language of this
paragraph shall control and prevail.
20. Successors and Assiens. The rights, privileges and obligations of the Parties under this
Agreement are intended to, and shall remain in full force and effect and shall bind any
successor agencies or entities to which the authorities and obligations of the Parties may
be assigned by law.
21. Effective Date. The Agreement shall be effective upon all of the following having taken
place: (a) this Agreement having been approved by the Community Business Council
and by Resolution of the City Council; and (b) this Agreement having been signed by all
of the officers designated as signatories below.
22. Duplicate Orieinals. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first hereinabove written.
Shakopee Mdewakanton Sioux Community
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