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:
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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:
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