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HomeMy WebLinkAbout9.c. Birger Pond Joint Power Agreement with Apple Valley/Order Feasibility Report . CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: December 2, 1997 AGENDA ITEM: JPA w/City of Apple Valley/Order AGENDA SECTION: Feasibility Report, Birger Pond New Business PREPARED BY: Bud Osmundson AGEND�t�,l�A � � (� City Engineer/Public Works Director � L��e �•4 ATTACHMENTS: JPA, Resolution, Tentative Schedule APPROVED BY: This item is on the agenda for Council consideration to enter into a Joint Powers Agreement with the City of Apple Valley to prepare a Feasibility Report for an outlet to the Birger Pond Storm Water Retention Basin. As you are well aware, we've had discussions regarding this proposed outlet for a number of years. With the pending development of the Kelley Trust property surrounding Birger Pond both in Apple Valley and Rosemount by JEVCO LLC, the construction of an outlet is important to the development of that property. The attached Joint Powers Agreement has been reviewed by both City Attorneys and , was to be approved by the Apple Valley City Council on November 25th. This Joint Powers Agreement is only for the Feasibility Report phase of a future project. The Feasibility Report will describe both the long term maintenance costs plus the initial capital costs of such a project. Staff foresees a second Joint Power Agreement for the cost sharing of the construction of an outlet and the long term maintenance costs. Staff recommends approval of the Joint Powers Agreement. Staff also recommends that Council adopt a resolution ordering a Feasibility Report for the Birger Pond Outlet. Since this is not a petitioned project it requires a 4/5 vote of the Council at this point and at all future Council considerations of the project. A tentative schedule is also attached. RECOMMENDED ACTION: 1) MOTION TO APPROVE THE JOINT POWERS AGREEMENT FOR THE BIRGER POND OUTLET WITH THE CITY OF APPLE VALLEY AND TO AUTHORIZE THE NECESSARY SIGNATURES. 2) MOTION TO ADOPT A RESOLUTION TO ORDER A FEASIBILITY REPORT FOR THE BIRGER POND OUTLET, CITY PROJECT #262. COUNCIL ACTION: 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MtNNESOTA RESOWTION 1997 - A RESOLUTION ORDERING A FEASIBILITY REPORT FOR BIRGER POND OUTLET CiTY PROJECT #262 WHEREAS, the City Council of the City of Rosemount deems it necessary to investigate, along with the City of Apple Valley, the feasibility of the Birger Pond Outlet, City Project #262. NOW THEREFORE BE IT RESOLVED, the City Engineer is directed to have the necessary feasibility report prepared for the Birger Pond Outlet, City Project #262. ADOPTED this 2nd day of December, 1997. ', Cathy Busho, Mayor II ATTEST: Susan M. Walsh, City Clerk Motion by: Second by: Voted in favor: Voted against: CITY OF ROSEMOUNT z8�5-`;TM�"Aee�West Rosemount,MN 5506$•4997 Everything's Coming Up Rosemountf! Pno�e:b�z-�z3-�a�i Hearing Impaired�23•6219 Fax:612-�23-5203 November 19, 1997 ', Dennis Miranowski,Public Works Director ' City of Apple Valley �I 14200 Cedar Avenue ' Apple Valley,MN 55124 Re: Joint Powers Agreement-Birger Pond Outlet Cities of Rosemount and Apple Valley Dear Dennis: Attached are two copies of the Joint Powers Agreement which we have discussed and both City Attorneys have reviewed regarding the initiation of a preliminary report which will investigate the feasibility of constructing an outlet to the stormwater pond commonly referred to as Birger Pond. As you aze aware,the Kelley Trust properties(JEV Co.LLC)are planning to develop the adjacent pasture land within the northeast area of Apple Valley and extending into Rosemount into residential property. Our understanding is that they desire to have the Apple Valley area under construction next spring,and the Birger Pond Outlet is critical to the development of that property. This Joint Powers Agreement is only for the Feasibility Report phase of a project and will address the management of stormwater in the Birger Pond watershed. It will also include estimated project and long term maintenance costs associated with the most economically efficient management plan. Rosemount is proposed to be the lead agency for this report and would bill Apple Valley based upon the contributing area of storm water to Birger Pond. Upon completion of the Feasibility Report,the Citeis would have to agree to enter into a Joint Powers Agreement for the construciotn and long term maintenance of the outlet facility. My understanding is that this Joint Powers Agreement will be considered by your City Council on November 25th. I would gladly assist you in presenting this item to your City Council. It is propsoed to be considered by our City Council on December 2, 1997 and,if approved,the Feasibility Report will be ordered. I expect the Feasibility Report to be completed by mid-January. If all goes as planned,I expect the construction plans to be completed and the project bid by Spring of 1998. Thank you for your cooperation in past discussions regarding Birger Pond and in putting together this Joint Powers Agreement. We sincerely look forward to working with you in completing this project. Sincerely, ��'�� - Bud Osmundson, P.E. City Engineer/Public Works Director cc: Mayor&City Council Tom Burt,City Administrator Doug Litter,Civil Engineer JOINT POWERS AGREEMENT BIRGER POND OUTLET ROSEMOUNT AND APPLE VALLEY THIS AGREEMENT is made and entered into this day of , 1997 by and between the Cities of Rosemount and Apple Valley hereinafter referred to collectively as the Parties, both Minnesota municipal corporations, in Dakota County, Minnesota. WHEREAS, the Parties may jointly exercise common authority by adopting a joint powers agreement pursuant to Minn. Stat. § 471.59; and WHEREAS, a portion of each Party's territory lies within the geographical area hereinafter refened to as the "Birger Pond Watershed" which watershed is illustrated and described on "Exhibit A" attached hereto; and ' WHEREAS, each of the parties is desirous of examining the feasibility of projects to jointly manage storm water tributary to Birger Pond, for the purpose of controlling water level rise within the pond due to storm water input; preventing flooding ta local homes and septic ' systems; preventing flooding of the sanitary sewer systern; and maintaining ready storm water ! storage capacity. ' I NOW THEREFORE, in consideration of the mutual undertakings herein expressed, the � Parties agree as follows; I a. Rosemount will contract with an independent contractor consulting engineer with experience and expertise sufficient to complete a feasibility study, as hereinafter described. Apple Valley may consent and approve the consultant selected and the terms of the consulting agreement. b. The consultant's report will address the feasibility of improvement projects to manage storm water at Birger Pond including interim and long range alternative management strategies and projects and their costs, and the ultimate disposition of storm water transported from Birger Pond. c. Upon satisfactory completion of the report,Rosemount will pay the consultant and invoice Apple Valley for its share of such costs, which shall be paid by Apple Valley within thirty (30) days of receipt of invoice. The costs of the feasibility report shall be shared between the parties pro rata on the basis of the area in each city contributing storm water to Birger Pond as determined in the feasibility report. CLL132726 RS215-3 d. Rosemount will assume responsibility for administration of the contract with the � consulting engineer and will periodically consult with Apple Valley about the status and progress of the work of the contract. Apple Valley will cooperate with Rosemount and will provide such maps, studies and data as are in the possession or control of Apple Valley to the consultant. e. This agreement does not obligate either Party to proceed with any public work or project beyond completion of the feasibility report. THIS AGREEMENT shall be in full force and effect after the date of execution of the same by authorized representatives of the Parties. It shall terminate upon agreement by both Parties or upon fulfillment by both Parties of their obligations hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. Date: CITY OF ROSEMOUNT By Mayor By I Clerk Date: CITY OF APPLE VALLEY By Mayor By Clerk CLL132726 RS215-3 . , TENTATlVE SCHEDULE ', � BIRGER POND OUTLET IMPROVEMENTS �I ' CITY PROJECT #262 ''� A r v n II pp o e Feasibility Report Joint Powers Agreeme t/ Order Feasibility Report 12-02-97 ' ' Receive Feasibility Report/Order Pubfic Hearing 01-20-98 �, Public Hearing/Approve JPA for Construction and ', and Maintenance/Order Plans & Specifications 02-03-98 I Receive Plans & Specifications/Order Ad for Bid 03-03-98 II Receive Bids 03-27-98 �� Award Contract 04-07-98 ' Begin Construction 04-20-98 ' Complete Construction 07-31-98 Assessment Hearing 09-98 � � CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RE�OLUTION 1997- A RESOLUTION APPROVING THE METES AND BOUNDS SUBDIVISION FOR HERITAGE DEVELOPMENT OF MINNESOTA, INC. WHEREAS, the final plat for Biscayne Pointe was approved by the City Council on October 21, 1997; and WHEREAS,Heritage Development is proposing a subdivision to facilitate the transfer of property ownership known as Phase I of the Biscayne Pointe preliminary plat; and WHEREAS,the City of Rosemount has reviewed in substance the subdivision as requested by Heritage Development and has concluded its conforrnance with corresponding zoning and subdivision standards; and WHEREAS, Heritage Development has fulfilled the requirements of the Subdivision Ordinance, subject to future platting with conditions as identified in Resolution No. 1997-102. NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Rosemount hereby approves the subdivision of the above referenced parcel resulting in the following described parceL• That part of the following described property: All that part of the Northwest Quarter of Section 28, Township 115, Range 19,Dakota County, Minnesota lying northerly of the right of way of the Chicago,Rock Island and Pacific Railway Company as located across said premises, all according to the Government Survey thereof, described as follows: Commencing at the Northwest corner of said Northwest Quarter of Section 28; thence on an assumed bearing of South 0 degrees 37 minutes 39 seconds West, along the West line thereof, a distance of 709.37 feet to the point of beginning of the land to be described; thence South 89 degrees 22 minutes 21 seconds East a distance of 319.13 feet; thence North 80 degrees 47 minutes 58 seconds East a distance of 80.09 feet; thence North 82 degrees 52 minutes 30 seconds East a distance of 193.08 feet; thence North 89 degrees OZ minutes 33 seconds East a distance of 192.54 feet; thence South 59 degrees 40 minutes 00 seconds East a distance of 138.67 feet; thence South 28 degrees 03 minutes 59 seconds West a distance of 142.17 feet;thence South 22 degrees 52 minutes 21 seconds East a distance of 200.00 feet; thence South 67 degrees 07 minutes 39 seconds West a distance of 80.04 feet; thence South 22 degrees 52 minutes 21 seconds East a distance of 160.00 feet to the northerly right of way line of said Chicago, Rock Island and Pacific Railway Company; thence South 67 degrees 07 minutes 39 seconds West, along said northelry right of way line, a distance of 988.93 feet to said I « � i Resolution 1997- west line of the Northwest Quarter of Section 28; thence North 0 degrees 37 minutes 39 seconds East, along said west line, a distance of 906.25 feet to the point of beginning. BE IT FURTHER RESOLVED,until such time as the conditions identified in Resolution No. 1997-102 have been completely fulfilled by Heritage Development, no building permits will be issued for properties in Biscayne Pointe; ADOPTED this 2nd day of December, 1997 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: I