Loading...
HomeMy WebLinkAbout5L - Prior Lake Outlet Channel MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: JUNE 18, 2007 5L ROSS BINTNER, WATER RESOURCES ENGINEER CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT AND THE CITY OF SHAKOPEE AND A MEMORANDUM OF AGREEMENT WITH THE PRIOR LAKE-SPRING LAKE WATERSHED, CITY OF SHAKOPEE AND THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY GOVERNING THE PRIOR LAKE OUTLET CHANNEL. Introduction The Prior Lake-Spring Lake Watershed District (PLSLWD) has drafted a Joint Powers Agreement (JPA) for the restoration and long-term maintenance of the Prior Lake Outlet Channel from Prior Lake to the Minnesota River as well as a Memorandum of Agreement (MOA) for the same purpose. These agreements require a financial commitment from the City of Prior Lake. The reason there is both a JPA and MOA for the same project is due to the fact that the Shakopee Mdewakanton Sioux Community (SMSC) can not enter into a Joint Powers Agreement given their unique status as a sovereign nation. The SMSC will be signatory to only the MOA document, however the two documents function together as one agreement with the same goal. The two documents are not attached due to their size. Instead they can be reached online in the City's Laserfishe file system under the following directory: Prior Lake I City Council I Agenda Packets I 2007 I June 18, 2007 I Consent Agenda I. The files are named 5L JPA and 5L MOA. History In the early 1980's the PLSLWD constructed a channel to provide an outlet from Prior Lake for flood control purposes. The channel itself is approximately 7 miles long and flows north from the City of Prior Lake to the Minnesota River through the water bodies of Jeffers Pond, Pike Lake, Deans Lake and Blue Lake. The current JPA that governs the channel is effective in perpetuity. However, the current document is outdated and in need of improvement to cover the planned eight segment stabilization projects and their maintenance into the future. This JPA and MOA are intended to replace the current JPA and provide that the obligations and commitments set forth in the agreements are perpetual. The existing outlet channel system is in need of maintenance and stabilization. Increases in flows caused by urbanization in the watershed have caused larger and more sustained flow resulting in increased erosion along the banks of the channel. Along with the potential for property damage, channel erosion has a direct effect on the water quality of the lakes along the channel; sediment picked up in the channel degrades water quality with the excess nutrient and www.cityofpriorlake.com Phone 952,447,9800 / Fax 952,447,4245 soils that deposit in downstream water bodies. By providing flood control and a stable outlet, the outlet and channel are vital components in the City's existing and future trunk stormwater system. The Watershed has been working with the staffs and attorneys 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. This JPA and MOA is the result of that cooperation. The PLSLWD is proposing to repair the channel under the JPA in eight segments over the course of the next decade. In addition to the initial repairs, the agreement provides for ongoing maintenance. Current Circumstances After five years of close negotiation between the four entities, the MOA and JPA are in a final draft form and ready for official approval. It should be noted that the City Council approved an interim Cooperative Agreement in early 2006 for the channel 1 improvement. This Agreement was necessary as the JPA had not yet been approved. With the approval of the Public Works Design Manual - Hydrology Appendix, the City Council has already set rules that meet the requirements in the new JPA and MOA. Because development is already being held to the standard set in the JPA for rate, the effective date of the JPA does not cause any liability due to development in progress. ISSUES: Approval of the JPA and MOA has come with two interrelated consequences; a financial commitment and a change in development standards. Portions of both have already been approved while the Agreements were being finalized. The cost to the City of Prior Lake is directly associated with our share of the use of the channel through a cost share formula. This formula is structured to allocate costs based on the percent of the total flow. A general explanation: in the upper reaches of the channel the City of Prior Lake and the District are responsible for most of the cost due to their high percentage of the total flow. In the lower reaches of the channel the City of Shakopee begins to take on a larger portion of the costs. Details on design, construction and maintenance costs can be found in the Exhibits to the MOA or JPA. As part of the JPA and MOA a change in development standards has been made. Prior to the Hydrology Appendix, staff analyzed the rate of runoff from a development checking to make sure the design controlled the peak rate of stormwater flowing offsite so that the rate would not increase. The rule change limits the rate water is allowed to flow offsite to a specified amount based on land area consistent with the JPA and MOA. In most cases the rate allowed under the new rules decreased peak rates. The effect of limiting this discharge in this way imposes a tradeoff in costs. In general, a restricted stormwater discharge rate causes less damage to the downstream system, thus limiting maintenance costs. This approach also decreases the total share FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: of use by the City therefore reducing cost to the City. Conversely, a restricted stormwater discharge rate comes at the cost of larger infrastructure costs upfront. This approach requires the use of larger stormwater ponds and wetlands to hold stormwater back during storm events. Staff has evaluated several discharge rates and determined that the proposed JPA and MOA rate of 0.25 cfs/acre balances the financial impact to trunk fees and additional land needed for ponding. A final issue that is still in negotiation is the number of voting members on the on the governing council of the JPA. As written, the JPA and MOA structures the governing council with four members each with one vote. Given the chance of a tie vote under the proposed structure, the City Attorney is asking for addition of a fifth member to avoid this situation. The City Attorney of Shakopee agrees that the governing board should have an odd number of members. Financial commitments are proposed to be split from two separate funds. All new construction is paid from the Trunk Reserve fund, all maintenance is paid from the Water Quality fund. Total liabilities resulting from the Agreements in this form are estimated to total $750,000.00 over the next 20 years. Two- thirds of the total amount is estimated to be paid by the Trunk Reserve fund in the initial 5 years of construction. One-third of the total is estimated to be paid by the Water Quality fund over the course of the 20 year maintenance period. Portions of both of these liabilities have already been paid as part of cooperation in early phases of construction and the City's 2007-2011 and 2008-2012 Capital Improvement Program incorporates the cost included in these agreements. A year by year schedule of estimates is included in the Exhibits of the JPA and MOA. Not included in the estimate of total liabilities are unknown expenditures for emergency maintenance. Emergency maintenance costs are shared by the "project cooperators" (Prior Lake, SMSC, Shakopee, PLSLWD) by establishing an emergency maintenance fund. If the fund is drawn upon the project cooperators must replenish it. 1) Approve a resolution authorizing the Mayor and City Manager to sign the MOA and JPA. 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. anager 4646 Dakota Street S.E, Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A JOINT POWERS AGREEMENT AND MEMORANDUM OF AGREEMENT FOR THE RESTORATION AND MAINTENANCE OF THE PRIOR LAKE OUTLET CHANNEL. Motion By: Second By: WHEREAS, The City of Prior Lake, Prior Lake Spring Lake Watershed District and the City of Shakopee have drafted a Joint Powers Agreements for the maintenance of the Prior Lake outlet channel; and, WHEREAS, The City of Prior Lake, Prior Lake Spring Lake Watershed District, City of Shakopee along with the Shakopee Mdewakanton Sioux Community have drafted a Memorandum of Agreement as a companion agreement for the same purpose; and, WHEREAS, Restoration and maintenance of the Prior Lake outlet channel is consistent with environmental goals set forth in the City Local Surface Water Management Plan and those set forth in the City of Prior Lake 2030 Vision and Strategic Plan. 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 hereby authorized to sign the Joint Powers Agreement for Construction, Use, Operation, and Maintenance of the Prior Lake Outlet Channel and Outlet Structure. 3. The Mayor and City Manager are hereby authorized to sign the Memorandum of Agreement for Construction, Use, Operation, and Maintenance of the Prior Lake Outlet Channel and Outlet Structure. 4. Funding obligations will come from the trunk reserve fund and the water quality fund. PASSED AND ADOPTED THIS 18TH DAY OF JUNE 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedbera LeMair LeMair Millar Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952,447,4245