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Home My WebLink About5F - Fish Point Park Channel Improvement Prj. CITY COUNCIL AGENDA REPORT -~ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DECEMBER 21, 1998 5F LANOL LEICHTY, WATER RESOURCES COORDINATOR CONSIDER APPROVAL OF RESOLUTION 98-XX AUTHORIZING CITY RECEIPT OF $15,000.00 FROM THE PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT CLEAN WATER PARTNERSHIP GRANT PROGRAM TO ASSIST IN THE FUNDING OF THE FISH POINT PARK CHANNELIMPROVEMENTPROJEC~ DISCUSSION: HISTORY The 1998 Capital Improvement Program and City Budget include this project. Earlier this year the Council considered this project and deferred action on approving the project until permission was granted by all property owners to enter onto their property. We have received most approvals and are addressing the concerns of the resident who addressed the Council. Recently we were contacted by representatives of the Prior Lake - Spring Lake Watershed District which received a Clean Water Partnership grant through the Minnesota Pollution Control Agency (MPCA). Part of the grant program in the implementation phase includes an element for water quality basin and associated improvements. The Fish Point Park Channel and sediment basin have been identified as a project eligible for reimbursement through the program. CURRENT CIRCUMSTANCES The Watershed has $15,000.00 that they would like to give to the City for the Fish Point Park Improvement project. This money needs to be designated and disbursed by the Watershed before the end of this year. 162Q~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: AL lERNA liVES: RECOMMENDED MOTION: F1SHREIM,DOC ISSUES The Watershed has prepared a reimbursement agreement in order to administer the transfer between the Watershed and City (see attachment). In the agreement they have asked that any excess funds that aren't spent on the stabilization project be used for other projects that improve the water quality of Prior Lake. This agreement has been reviewed by the City Attorney. CONCLUSION The reimbursement agreement needs to be signed before the end of the year in order to meet MPCA funding criteria. This is an excellent opportunity for the City to help fund projects that improve the water quality of Prior Lake. As outlined in the reimbursement agreement, the City will " receive grant funds in the amount of $15,000.00 from the Watershed District for the Fish Point Park Channel Improvement Project. The Watershed has asked that upon completion of the project that invoices and other documentation be sent to the District verifying the cost for the project. The alternatives for the Council to consider are: 1. Approve Resolution 98-XX accepting grant funds from the Prior Lake - Spring Lake Watershed District Clean Water Partnership Grant Program for the Fish Point Park Channel Improvement Project. 2. Amend and approve Resolution 98-XX. 3. Deny this item and provide the staff with direction. A motion and second to Approve Resolution 98-XX accepting funding from the Prior Lake - Spring Lake Watershed District Clean Water Partnership Grant Program for the Fish Point Park Channel Improvement Project. The project will not proceed until 1) all property owners have provided written right-of-entry forms, and 2) the Council has authorized the staff to proceed with the project by award in a bid to complete this work. If the Council elected not to REVIEWED BY: proceed with this project, these funds may be applied to another water quality improvement project. ~J ~~ --.. C/P FISHREIM.DOC RESOLUTION 98-XX A RESOLUTION AUTHORIZING CITY RECEIPT OF $15,000.00 FROM THE PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT CLEAN WATER PARTNERSHIP GRANT PROGRAM TO ASSIST IN THE FUNDING OF THE FISH POINT PARK CHANNEL IMPROVEMENT PROJECT 98-12 MOTION BY: SECOND BY: WHEREAS, the Prior Lake - Spring Lake Watershed District wishes to authorize reimbursement of $15,000.00 to the City of Prior Lake for the Fish Point Park Channel Improvement project as part of the Clean Water Partnership Year II Work Plan, and WHEREAS, the City of Prior Lake will spend the $15,000.00 on the Fish Point Park Channel Improvement, Project 98-12, and WHEREAS, any excess funds will used for Prior Lake water quality improvements, and WHEREAS, the City, upon completion of the project shall furnish the District with invoices or other documentation verifying the cost incurred by the City for the project, and WHEREAS, the City of Prior Lake is committed to providing the local share of the costs for the project as part of the Clean Water Partnership. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, grant funds be accepted from the Prior Lake - Spring Lake Watershed District in the amount of $15,000.00 for the Fish Point Park Channel Improvement, Project 98-12. Passed and adopted this 21st day of December, 1998. YES NO Mader Kedrowski Petersen I Schenck I Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} City Manager FISHREIM.DOC REIMBURSEMENT AGREEMENT -, -, This agreement is made to be effective on December _, 1998, between the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT (the District) and the CITY OF PRIOR LAKE (the City). RECIT ALS The City is engaged in a project known as the "Fish Point Park Channel Stabilization Project" to stabilize an intermittent channel running from Fish Point Park to Prior Lake and to excavate a sedimentation basin upstream of the channel outlet to Prior Lake (the Stabilization Project). The estimated cost to construct the Stabilization Project is $33,000.00. The District desires to contribute grant funds available frOin the Minnesota Pollution Control Agency (the MPCA) for its Clean Water Partnership Year II Work Plan (the Grant) to pay part of the cost of the Stabilization Project in accordance with this agreement. AGREEMENT" In consideration of the covenants herein, the parties hereto agree as follows: 1. RECITALS. The foregoing recitals are true and correct and incorporated herein by this reference. . 2. CONSTRUCTION. The City shall construct and pay the cost of the Stabilization Project in accordance with the plans and specifications approved by the District in permit application 89-15. Except as otherwise provided in this agreement, the City shall indemnify, defend and hold the District hannless frbm any 1iability~ claims, damages, loss, cost or expense arising out of the construction of the Stabil4~tion Project. 3. REIMBURSEMENT. (a) The District shall reimburse the City $15,000.00 of the cost incurred by the City to construct the Stabilization Project. The reimbursement amount shall be payable to the City on or before December 31, 1998. On completion of the Stabilization Project, the City shall furnish the District with invoices or other documentation verifying the cost incurred by the City for the project. 120398 1 (b) Since a condition of the Grant is the forfeiture of any grant funds not disbursed by the District as of December} 1 , 1998, the reimbursement obligation of the District under this agreement shall lapse as to any reimbursement amount that has not been paid to the City by December 31, 1998. 4. EXCESS FUNDS. To the extent that the City may have funds earmarked for the Stabilization Project that will not, by virtue of the District's contribution, be expended on the project, the ,City shall use such excess funds for other Prior Lake water quality improvement projects and provide documentation to the District verifying the uses for such excess funds. 5. SPECIAL GRANT CONDITIONS. This agreement is subject to the following provisions, which shall apply in the event of conflict with any other term or condition herein: (a) This agreement is subject to and governed by the terms and conditions of the Grant. The Grant is hereby incorporated in its entirety and is an integral and enforceable part of this agreement. (b) The District retains the right to assign any or all rights pursuant to this agreement to the MPCA. The City shall not assign or transfer any rights or obligations under this agreement without the prior written approval of the District and the MPCA. (c) The State of Minnesota, acting through the MPCA, is a third party beneficiary to this agreement. 6. MISCELLANEOUS. (a) This agreement shall bind the parties hereto and their respective heirs, succes~~rs and assigns. (b) This agreement shall be governed by the laws of Minnesota. (c) The invalidity or unenforceability of any provision on this agreement shall not in any way affect the validity or enforceability of any other provision, and this agreement shall be construed in all respects as if such invalid or unenforceable provision had never been in the agreement. (d) Any controversy or claim arising out of or related to this agreement or the breach thereof shall be resolved by binding arbitration under the Minnesota 2 Uniform Arbitration Act. The arbitration award may be enforced in any court having -. jurisdiction thereon. -, (e) This agreement constitutes the entire contract between the parties concerning the construction of the Stabilization Project, and unless otherwise provided in this agreement, any other agreements or understandings, oral or written, or any nature with respect to such matters are hereby superseded and revoked. (f) This agreement shall not be modified or amended 'except by a writing signed by each party. BY Its Mayor PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT BY ~~ ~ Its PresidedV CITY OF PRIOR LAKE AND Its City Administrator ANDI7J~~UJ Its Secretary r 3