HomeMy WebLinkAbout04/14/1981 TENTATIVE AGENDA )019
SHAKOPEE, MINNESOTA
ADJ.REG. SESSION APRIL 14, 1981
Mayor Harbeck presiding
1 ] Roll Call at 7 : 30 P.M.
2 ] STH 101 Watermain Extension Assessment Hearing
3] Res . No. 1817 , Authorizing the Execution of An Agreement Between
The City of Shakopee and Independent School District No . 720
Concerning the Operation of A Jointly Sponsored Community Education
and Recreation Program
4] Proposed Contract Administration Procedure
5] Authorize preparation of a change order for the VIP Sewer Interceptor
6] Prior Lake Spring Lake Watershed Joint Powers Agreement (bring item
5b from 3/24 agenda)
7] Tax Increment Financing Policy Guidelines (bring item 81 from 3/24 agenda)
8] Other Business
9] Adjourn to Tuesday, April 21st , 1981 at 7 : 30 P.M.
John K. Anderson
City Administrator
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: S.T.H. 101 Watermain Extension Assessment Hearing
DATE: April 10, 1981
Introduction
On February 17 , 1981 Council adopted, by motion, an assessment
hearing policy which provides that the Council will direct staff
when to hold the assessment hearing on a proposed public improve-
ment when the Council authorizes advertising for bids .
Background
On April 7 , 1981 Council directed staff to advertise for bids on
the proposed S.T.H. 101 Watermain Extension to be opened on
May 12 , 1981 and considered by the Council on May 19, 1981 .
Should the Council desire to hold the assessment hearing prior
to awarding a contract , the bids will have to be held for about
45 days , as the public hearing would be scheduled for June 16 .
Alternatives
The following should be considered in determining whether or
not to hold the assessment hearing prior to awarding a contract :
PROS CONS
1 . Any intents to appeal the 1 . Holding the bids for 45 days
assessments would become would delay commencement of
known. construction, at the beginning
of the construction season;
2. Council could chose not thus , Mr. Price believes this
to make the improvements . will prompt bidders to bid
higher at a greater cost to
the project .
2 . Bids are based upon estimated
quantities ; and, although Mr.
Price has estimated high, the
surface restoration quantities
are just estimates and he is
concerned that final costs may
be greater than the estimated
costs (which will have to be
used for an early assessment
hearing) .
Recommended Action
Council should weigh the pros and cons for holding the assessment
hearing on June 16th and direct staff to : a) prepare the appropriate
resolutions for holding a public hearing on June 16th, or b) delay
preparing the appropriate resolutions until the work is close to
completion.
JSC/ jms
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Resolution Authorizing Execution of An Agreement
Concerning the Operation of the Community Education
and Recreation Program
DATE: April 9, 1981
Introduction
On March 24, 1981 , the City Council did authorize, by motion, the
execution of a revised Community Services Agreement . Upon my
execution of the agreement , I noticed that the agreement refers
to an attached resolution which grants authority for its execution.
Attached is a resolution authorizing proper City officials to
execute the said agreement .
Recommended Action
Offer Resolution No . 1817 , A Resolution Authorizing The Execution
Of An Agreement Between The City of Shakopee And Independent
School District No. 720 Concerning The Operation Of A Jointly
Sponsored Community Education and Recreation Program, and move
its adoption.
JSC/jinn
RESOLUTION NO. 1817
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SHAKOPEE AND INDEPENDENT SCHOOL
DISTRICT NO. 720 CONCERNING THE OPERATION OF A
JOINTLY SPONSORED COMMUNITY EDUCATION AND RECREATION PROGRAM
WHEREAS, the Independent School District No. 720 is organized
for the purpose of providing public school education, including at
its discretion, public evening school , adult and continuing educa-
tion programs and associated recreation programs within geographical
boundaries ; and
WHEREAS, the City of Shakopee is authorized to , and does , in
cooperation with the said School District , provide recreation and
civic programs for citizens within its geographical boundaries ; and,
WHEREAS, on December 31 , 1978 an agreement was entered into
between Independent School District No . 720 and the City of Shakopee
providing for the establishment and operation of a jointly sponsored
Community Education and Recreation Program, and
WHEREAS , it is the mutual desire of the parties to update and
revise the said agreement .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the proper City officials are hereby
authorized and directed to execute an agreement between the City
of Shakopee and Independent School District No. 720 concerning the
operation of a Jointly Sponsored Community Education and Recreation
Program.
Adopted in _ session of the City Council of the
City of Shakopee , Minnesota, held this day of
1981 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this _ day
of , 1981 .
City Attorney
MEMO TO: John Anderson
City Administrator
FROM: H. R. Spurriertio
City Engineer �� 0
RE: Draft Recommendations for . . tract Administrative Procedures
and Policies in the City if Shakopee
DATE: April 10, 1981
Introduction:
After Change Order No. 1 for the Holmes Street Reconstruction Project
was completed, it became clear that specific procedures and policies were
required for the administration of construction contracts within the City
of Shakopee.
Background:
Without regard to cost, ,changes fall into one of four categories:
changes which alter or do not alter the scope of a project and changes which
affect or do not affect the performance of a project.
Changes which in the judgment of the engineer, do not alter the scope
and do not affect the performance of a project, should be considered minor
changes. If in the opinion of the engineer the work is necessary for the
completion of a project, then minor changes ought to be considered solely on
a monetary basis.
An example of minor changes which do not affect the performance of the
project and do not alter the scope could be the following case: In a special
improvement district, property owners were advised that all services would be
replaced. The contract contained unit prices for replacing 4 inch lines.
During construction a 6 inch line is discovered. That line should be replaced
The scope of the project is not altered and the performance of the project is
not affected; yet, the total contract price is increased.
Changes which alter the scope of a project and affect the performance
of a project should be considered major changes.
An example of a major change would be a case where a street was to be
patched after construction activity. The construction activity destroyed most
of the street and therefore, most of the street was to be a patch. With an
expenditure of additional money, the entire street could be repaved. If the
street was repaved, that would be a major change because it affects the perform-
ance or a project and alters the scope of a project.
John Anderson April 10, 1981
Change Order Policies Page -2-
Changes may or may not require formal changes in the contract. Often
the work is performed by increasing or decreasing the number of units bid in
the original contract.
Alternatives:
There are two alternatives for major changes. Those are as follows:
1) No major change should be made prior to formal action by
City Council;
2) No major change should be authorized without informal action
by City Council.
Formal action, as defined above, would mean a motion by City Council pre-
authorizing a change order or actually voting to approve a change order.
Informal action by City Council would be an approval by the Administrator and
a member of Council in some emergency situation.
There are four alternative methods for approval of minor changes:
1) All changes authorized by formal action of City Council;
2) Some or all changes authorized by informal action of a City Council
member and the Administrator;
3) Changes which do not increase contract amount more than XX percent
or $ X, may be authorized by the engineer;
4) Any combination of the alternatives listed above.
Recommendations:
Engineering staff recommendation is actually for all of the above and
it is for all of the above applied in the following manner:
There are emergency situations where a decision must be made in a
matter of minutes or hours; otherwise, a more costly change would
be necessary.
Therefore, there are two recommended procedures: one for emergency
situations and another for those cases that are not judged to be an emergency
case.
Normally, all major changes must be authorized by formal action of City
Council. In the event of an emergency, the engineer must convince a designated
Council member or members and the Administrator that it is necessary to proceed
with a specified major change.
Minor changes which do not increase the contract amount more than
10 percent or $2,000,whichever is less, may be authorized by the engineer. In
the event the minor change exceeds that amount, the change must receive informal
approval by a designated Council member and the Administrator. All minor changes
should be authorized by formal action at the following Council meeting.
John Anderson April 10, 1981
Change Order Policies Page -3-
Recommended Action:
Staff recommends that Council review the operating procedures specified
herein and make recommendations on the procedures that should be used in the
administration of contracts in the City.
HRS/j iw
*•••S"--""
MEMO TO: John Anderson
City Administrator
6
FROM: H. R. Spurrier 4'144
City Engineer
RE: VIP Interceptor Sanit. s+ Sewer and Proposed Contract Administration
Procedure
DATE: April 10, 1981
Introduction:
Attached please find memo dated April 9, 1981, from Ray Ruuska regarding
a minor change in the VIP Interceptor Sanitary Sewer. Minor change, as used
here, means any alteration which does not change the scope of a project nor
affect the performance of a project. In this case, the manhole to which the
contractor, Arcon Construction, had to connect was discovered to be a different
structure than specified on the Plans. This unforeseen condition required a
change in the contract. Arcon Construction requested $500 to do a task they
originally bid $2,500 to perform. The difference was that the amount of the work
was significantly less.
Based on the recommendation of staff and the memo referenced above, the
City Engineer would request that this alteration be approved informally.
In any case, a change order will have to be prepared for this alteration.
In order to reduce paperwork and thereby, reduce the number of manhours consumed
by a project, it is recommended that Council give preliminary approval to this
alteration and then the alteration or change will be included in a change order
prepared at the time the next pay request is made.
Recommended Action:
Staff recommends thatCouncil authorize a $2000 reduction in Item No. 37
on the proposal "Reconstruct Manhole" so that the unit price is $500 each,
and direct staff to prepare the appropriate change order.
HRS/jiw
Attachment
7
/MEMO TO: Bo Spurrier
City Engineer
FROM: Ray Ruuska
Engineering Coordinator
RE: Project 1981-1
VIP Interceptor Sanitary Sewer
DATE: April 9, 1981
It has been found that the MWCC M.H. (connection to the forcemain)
will not have to be reconstructed. Arcon Construction is requesting
payment of $500.00 to perform necessary alterations to the existing
M.H. I feel this request is very fair. If you agree, I will
notify them that this will be paid by Change Order No. 1. This
alteration will amount to $2,000 reduction in the original contract
amount.
RR/j iw
PRELIMINARY DRAFT
•
•
JOINT POWERS AGREEMENT
AGREEMENT, made and entered into by and between the CITY OF
PRIOR LAKE , Minnesota , a municipal corporation , ( "PRIOR LAKE" ) ;
the Ci.TY Of SHAKOI'EE , Minnesota , a municipal corporation , ( "SHAKOPEE
and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, Prior Lake ,
Minnesota , -a political subdivision of the State of Minnesota ,
( "WATERSHED DISTRICT" ) .
WHEREAS , the Watershed I)i st ri ct is presently engaged in the
implementation of a project , identified as the "Lake Outlet Project ,
Number WD 76-4" , ( "Outlet Project " ) , for the construction of an
artificial outlet for Prior Lake for the purpose of draining excess
flood waters from Prior. Lake and transporting such waters to the
Mi nnesota River ; and
WHEREAS , the plans and specifications for the Outlet Project
require the improvement of certain natural drainage courses and
the construction of certain drainage channels within the municipal
boundaries of Shakopee and more particularly described on Exhibit A ,
which is attached hereto and by reference made a part hereof ; and
WHEREAS , the temporary and permanent easements specified by
the plans and specifications for the construction of the foregoing
drainage improvements can only he obtained from the affected prop-
erty owners with the cooperation and assistance of Shakopee ; and
WHEREAS , the drainage improvements and easement acquisitions
contemplated by the Watershed District are of direct and immediate
benefit to Shakopee because ( a ) the drainage channel improvements
are in conformance with Shakopee ' s overall drainage plan in the
area of the Outlet Project. ' s drainage route , ( b) the easements
to be acquired can also be used by Shakopee for public utility
and right-of-way purposes , and ( c ) the channel improvements may
reroute local runoff into Dean Lake and thereby supplement and
increase the level of the lake ; and
WHEREAS, Shakopee and Prior Lake desires to assist the Watershed
District acquire the easements necessary for the construction of the
drainage channel improvements specified in the Outlet Project plans
and specifications, upon the conditions hereinafter set forth; and
(2 •
WHEREAS , the implementation of the Outlet Project is of direct
and immediate benefit to Prior Lake because the improvements conten
plated by the Outlet Project are designed to reduce the impact
of flooding on Prior Lake insofar as it affects the owners of
property along the shore and within the established flood plain ;
and as it affects the capability of Prior Lake to provide essential
municipal services during times of flooding ; and
WHEREAS , Prior Lake desires to he made a party to this Agree-
ment to enable it to participate in decisions affecting the use
and management of the Lake Outlet ; and
WHEREAS , the parties hereto desire to enter into a joint power
agreement pursuant to Minn . Stat . Sec . 471 . 51 . ( 1949 , as amended ) ,
upon the terms and conditions hereinafter specified ; and
WHEREAS , the Watershed District has authority under Minn .
Stat . Sec . 112 . 43 , Subd . 1 ( ? ( 1955 . as amended ) , to c -)ntract
with other public corporations to effectuate the purposes of the
Act ; and
WHEREAS , Prior Lake and Shakopee have authority to engage
in joint powers agreements for utility and drainage purposes pur-
suant to Minn . Stat . Sec . 412 . , ( 19 , as amended ) .
NOW , THEREFORE , in consideration of the mutual covenants and
agreements hereinafter contained , it is agreed by and between the
parties hereto as follows :
ARTICLE I
STATEMENT OF. PURPOSE
Section 1 . 01 . General Purpose . The general purpose of this
Agreement is to provide a format whereby the Watershed District
can construct and operate an artificial outlet t-el-i'ri-nr-;-rkc that
can be used to drain flood waters from Prior Lake and transport
them to the Minnesota River. The construction of the Lake Outlet
requires the acquisition of right-of-way in Prior Lake and Shakopee .
Thereafter , the Watershed District must construct improvements
to the drainage channel along the entire system . The portion of
-2-
4;
the drainage channel located in Shakopee is within an area which
has been identified by Shakopee as needing drainage future capacity
in-the-€titttre-stthstantiaiiy in excess of the levels projected by the
Watershed District as being required for safe and efficient oper-
ation of the Lake Outlet. It is the intention of the parties to
this Agreement to establish a legally binding procedure for acquir-
ing the necessary right-of-way in Shakopee and to set forth
conditions that must be fulfilled to construct and operate the
necessary channel improvements . The Agreement shall specify the
procedures and responsibilities for maintenance of the channel
improvements and the conditions that must be fulfilled prior to
actually draining flood waters from Prior Lake . The Agreement
shall specify the responsibilities of the parties with respect to
maintenance of the drainage channel and the additional uses that
may be made of the drainage channel by Shakopee .
ARTICLE II
ACQUISITION OF DRAINAGE CHANNEL EASEMENTS
Section 2 . 01 . Acquisition of Channel Right-of-Way. The
Watershed District is authorized to negotiate for and acquire
suitable right-of-way within the municipal boundaries of Shakopee
for the construction of the Lake Outlet. In conducting the acquisi-
tion negetiatiens; by negotiation or condemnation, the Watershed
District shall comply in all respects with Shakopee Resolution No .
1643 , entitled "A Resolution Adotping a Policy for the City of
Shakopee Concerning the Condemnation of Easements and Land Needed
for the Installation of Public Improvements" . To the extent possible
within the budgeting limitations established by the Watershed
District for the Lake Outlet, ' the Watershed District shall endeavor
to align the outlet channel through its acquisition of right-of-way
to locations satisfactory to the affected landowners . In-any-event;
kewever;-the-6eterm natiem-ef-the-Watershed-Bietret-erg-natters
relating-te-tke-aiignnent-ef-tke-ehannei-snail-be-eaneittsive-a€-the
parties-te-th s-Agreement. The alignment of the channel shall be
in accordance with the plans prepared by the Distirct and approved
in writing by the parties hereto and upon such approval shall be
binding and conclusive to the parties hereto . The Watershed District
-3-
4P
agrees to attempt to the extent reasonably practicable to acquire
easements in the dimensions required by the City of Shakopee.
Section 2 . 02 . Assistance by Shakopee. In the Event that it
becomes necessary in the opinion of the Watershed District to
acquire the required right-of-way by means of eminent domain
proceedings , Shakopee shall cooperate with and assist the Watershed
District in pursuing condemnation. In such event, all legal
proceedings shall be brought in the name of the Watershed District
by the Shakopee City Attorney.- The-€ nai-deei93ene-regarding
Settlement-ane -the-preseeutien-ef-the-eenelemnatien-preeeedings
shall-i3e-made-by-the-Watershed-B5triet- in accordance with Resolu-
tion No. 1643 .
Section 2 . 03 . Right-of-Way Acquisition Cost. All cost or
expense necessary and incidental to the acquisition of drainage
channel right-of-way shall be the responsibility of and borne by
the Watershed District. The costs for which the Watershed District
shall have direct and exclusive responsibility shall include without
limitation all costs related to the acquisition of right-of-way,
legal fees, court costs, appraisal fees, survey fees, abstracting
fees, and recording fees. The Watershed District agrees to
indemnify and hold Shakopee harmless from any and all liability
of any nature arising from, and for all cost and expense relating
to, the acquisition of drainage channel right-of-way.
ARTICLE III
CONSTRUCTION OF LAKE OUTLET
Section 3 . 01 . Obligation of Watershed District . The construc-
tion of the Lake Outlet including without limitation the construc-
tion of all channel improvements appurtenant thereto shall he the
sole and exclusive responsibility of the Watershed District .
The Watershed District shall obtain prior to commencing of construc-
tion , all permits and approvals required_ hy,,.any governmental unit
having jurisdiction over the proposed Lake Outlet improver-.ents
including without limitation permits from Shakopee , the Lower
Minnesota Watershed District , the Minnesota WaCer Resources Board ,
the Department of Natural Resources , the Environmental Quality
Council and the Metropolitan Council .
-4-
Section 3 . 02 . Plan and Specification for the Lake Outlet
Improvements . The Watershed District shall design the Lake Outlet
improvements to conform with the generally acceptable engineering
specifications . The Watershed District shall furnish Shakopee
with complete copies of the plans and specifications for tho
Outlet improvements certified to by the Watershed District ' s engine
The plans and specifications shall be approved by Shakopee prior
to the commencement of construction of the improvements by the
Watershed District . The Watershed f)i st ri ct ' s determination on
question of design shall be conclusive .is to the parties Co this
Agreement .
Section 3 . 03 . Payment of Lake Outlet Construction Costs .
All costs or expenses incurred to construct the Lake Outlet improve
ments shall be the responsibility of and borne by the Watershed
District . The costs to he paid by the Watershed District shall
include without limitation all direct construction costs , engi neerir
fees , legal fees , administration expense and permit application
fees . The Watershed District shall indemnify and hold Shakopee
harmless from any liability for any cost or expense incurred in
constructing the Lake Outlet improvements .
ARTICLE IV.
OPERATION OF LAKE OUTLET
Section 4 . 01 . General .--At-no-time-shah-the-Watershed-Bistrret
release-water-€rem-Prier-Lake-when-the-in€ltx-ef-stteh-water- rate
Skakepee-week -3eepard4:r,e-the-health-and-safety-ef-the-ctizens-er
e -Shakepee---At-sttel3-tmes-the-release-ef-water-freta-Prer-Lake
shall-be-delayed-unil-suck-time-as-the- nflux-ef-Heed-waters
€rete-?prier-Lake-irate-Shakepee-wili-minmize-te-the- alsest-extent
pessbie-any-dammer-te-the-health-and-safety-ef-the-eitizene-e€
Sllakepee-
a . Water shall not be released by opening the lake outlet at
any time when such discharge would jeopardi2t--the health, safety or
property of the residents or property owners of Shakopee;
b. The determination of when and to what degree such jeopardy
has ceased or been reduced shall be made jointly by the City
Engineers and the District Engineer and shall be based on the
following procedure;
-5-
1) An inspection shall be made to determine the depth
and velocity of flow in the channel at various
critical locations;
2) The available capacity in the channel shall be deter-
mined using agreed upon standard methods of calculatiol
for open-channel-flow. Calculations shall be performec
by the District Engineer and checked by the City Engin(
3) Available channel capacity shall be defined as the cal-
culated maximum rate of discharge at which the lake
outlet can be allowed to operate without resultant damE
to the channel structures or adjoining properties;
c . Upon determination of and unanimous written agreement on
the available channel capacity by and between the District Engineer
and the City Enginners, the lake outlet structure shall be opened ar
adjusted to release water at such rate as will not exceed the avail-
able channel capacity.
Section 4 . 02 . Notice to Shakopee of Intent to Open Outlet
Gate. Prior to the opening of the main gate at the Lake Outlet
and the release of flood waters , the Watershed District shall endeav
to give Shakopee no less than 24 hours ' advance notice: by giving su,
notice to the City Engineer or City Administrator .
Section 4 . 03 . Inspection of Drainage Channel . Prier-to-the
deeharge-a€- ead-asters-and-ater-dscharge-has-moon-eempetee1-th(
Watershed-Betret-ehaii- nspect-the-dranage-ehannei-to- nsure
that- t-ie-in-geed-operatonal-eeneiten---The-Watershed-Detret
shall-per€erm-ail-repairs-necessary-to-insure-the-free-flea+-o -mater
through-the-ehannel---+Polishing-dseharge;-the-Waterohed-Distret
shall-inepeet-the-channel-and-repar-any-damage-resulting-thererem-
a . Prior to the opening of the lake outlet and the release of
waters from Prior Lake , the District shall inspect the channel to
insure the free flow of water for the anticipated rate and duration
of the release period and to determine the available capacity as
outlined in Section 4 . 02 herein . Notification of such inspection
shall be given to the City Enginner ' s offices so that a representa-
tive may be present during the inspection if the City so desires .
The party having the responsibility for maintenance as determined
in Article VI hereof shall promptly make such repairs as are necessar
to prevent undue delay of the release of waters from Prior Lake . In
the event that such repairs are not promptly undertaken, the
District reserves the right to cause the repairs to be made after
24 hours ' notice and to recover the costs pertinent thereto from
-6-
the responsible party. Daily inspection of channel conditions sha.
be made by the District during lake outlet drainage rates exceeding
20 CFS .
b. Following the closure of the lake outlet and the subsecueni
recession of waters in the channel, an inspection shall be made by
the District to determine whether damages have occured . Repairs
shall be promptly made in accordance with Article VI of this Agree-
ment. Notification of such inspection shall be given to the City
Engineer ' s offices so that a representative may be present during
the inspection if the City so desires .
c. Nothing in this Agreement shall be construed as to prevent
or preclude any of the parties hereto from making such additional
inspections as they feel are warranted .
d. Written reports of all inspections shll be forwarded to
all of the parties hereto.
Section 4 . 04 . Speretren-of-Ban1s-r�ake-bete . At-all-times
Nhen-the-Watershed-Bistriet- s-releasing-water-item-Prer-Lake;
the-gate-instaled- s-the-dranage-ehannel-te-the-southeas -ef
Hear=s-Lake-shall-3,e-pe9itened-9e-tha -the-exee5s-water-does-net
€low-three h-Rearms-Lake---The-Watershed-Bistriet-agrees-te-eemply
wih-reasonable-reatsests-to-roate-the-exee5s-water-from-prier-Lake
mae-bp-Shakopee---Steh-regtests-shall-be-maeie-in-wrng-arid
Ska}tepee-shall- ttrther-indemnify-and-}geld-the-Watershed-Bstret
harmless- rem-any-and-all-liability-for-damage-te-ad ag
propertes-restiltinfp4rem-t ie-regt3est.
Operation of Dean ' s Lake Diversion Structure .
a . The authority for the operation of the diversion structure
upstream from Dean ' s Lake shall rest soley with the District except
as stated herein or by specific separate agreement . The normal
position of the structure gates shall be such that runoff will
follow the existing natural drainage routes without diversion .
b. At such times as the lake outlet is, open and water released
from Prior Lake is flowing through the diversion structure, the
gates shall be reconfigured to direct runoff through Dean ' s Lake .
c . If the diversion of runoff into Dean ' s Lake when the lake
outlet is open is causing or will imminently cause damage to private
-7-
property, the City of Shakopee shall have the authority to abate
the flow into Dean' s Lake by operating the diversion structure
after properly notifying the District of its intent to do so .
d . The District agrees to comply with reasonable requests by
the City of Shakopee to divert drainage through Dean ' s Lake over
the amount discharged by paragraph 4 . 04 (b) . Such request shall be
in writing and shall indemnify the District from any damages, costs
and liabilities resulting from the request.
Section 4 . 05 . Additional Operation Conditions Imposed Upon
the Watershed District . The Outlet will he operated in accordance
with the terms and conditions of the permit issued by the Minnesot
Department of Natural Resources . A copy of the permit is attached
_hereto as Exhibit B , and by r ' orence made a part hereof . In no
event will the Watershed District discharge excess water below
the level of 902 . 5 Feet above mean sea level . The gate on the
outlet structure shall he maintained in a closed position . No
discharge wi1. 1 be allowed following heavy rainfall or during the
spring thaw until downstream conditions permir such overflow .
Runoff from the Pike Lake , Dean ' s Lake and Minnesota River district
shall be allowed to be routed to the river before discharging from
Prior Lake so that the downstream ponds , lakes , culverts and the
outlet swale channel has sufficient capacity to safely carry the
overflow from Prior Lake. The Watershed District shall observe
and adjust discharge rates at the outlet structure to insure that
desgn-€ aws-are channel capacity is not exceed . Baly-inspeetie r
e -tke-outlet-strueture-and-all-downstream-eendities-shall-be-made
by-the-Watershed-Bistret-during-times-when-the-dseharge-exeeeds-
2 A-eubie-feetper-seeeneV-and-fallowing-perods-ef-heavy-rano€€-ire
the-downstream-drainage-distriets .
ARTICLE V
USES OF - DRAINAGE CHANNEL
Section 5 . 01 . Permitted Uses by Watershed District . The
Watershed District shall use the defined drainage channel for the
purpose of draining excess flood waters from Prior Lake and for
no other purposes .
-8-
I
Section 5 . 02 . Permitted Uses by Shakopee. Shakopee reserves
the right to use the drainage easements obtained by the Watershed
District in connection with the overall drainage plans as it is
from time to time developed by Shakopee. In the event that-the
prepesed-Shahepee-drainage-ttse-will of runoff, drainage in Shakope(
should result in or cause the need for expansion of the design
capacity for the drainage channel, Shakopee shall make or install.
all improvements necessary to increase the capacity of the drainage
channel to handle the increased flow. Any such improvements shall
be made at the sole cost or expense of Shakopee and Prior Lake;
and the . The Watershed District shall be indemnified and held
harmless from any and all liability therefor- or for such increased
flow.
Section 5 . 03 . Additional Authorized Shakopee Uses . Shakopee
may use the drainage channel easements for the installation,
operation and maintenance of public services and utilities to
include without limitation purblic streets, sanitary sewer, water,
storm sewer, electrical and natural gas. In no event shall such
uses interfere or otherwise restrict the drainage function of the
channel . All cost or expense to install, operate and maintain such
utilities and any damage to the channel resulting from such install
ation, operation and maintenance shall be borne by Shakopee and
both Prior Lake and the Watershed District shall be indemnified
and held harmless from any liability therefor .
ARTICLE VI
MAINTENANCE OF DRAINAGE CHANNEL
Section 6 . 01 . Obligation of Watershed District. (a) Prior
to the time that Shakopee modifies the drainage channel in connecti
with its drainage plan or in connection with the installation of
public utilities , the Watershed District shall have the following
maintenance responsibilities :
(i) For a period of three (3) years- following completion of
the improvements made to the channel as part of the initial
construction of the Lake Outlet, the Watershed District shall
have the sole and exclusive obligation to stabilize the channel
-9-
bank and restore any damage to the channel or adjoining property
resulting from the initial construction work. Should any part of
the channel fail during this three-year period, the repairs made
to correct such failure, and any subsequent repairs made to
repair such failure, shall remain the exclusive obligation of the
Watershed District.
(ii) During the foregoing three-i3}-year exclusive obligation
period, the Watershed District shall inspect the channel before and
after discharing from Prior Lake and shall repair and any impedi-
ment to such discharge before and restore any damage caused to the
channel by such discharge thereafter. The post discharge inspectic
shall be made as soon as possible after the discharge has been
stopped . Any emergency restoration work shall be completed on a
_time frame consistent with the conditions prevailing at the time .
but-in In no event shall the for permanent repairs exceed one (1)
year from the date that the discharge was stopped .
(b) After the time that Shakopee begins-to-use- alters the
drainage channel as part of its overall drainage plan, the Watershe,
District' s maintenance obligation shall be reduced to that portion
of the channel lying southerly of Plfe-Lal:e7 and including the
Dean' s Lake Gate.
Section 6 . 02 . Obligation of Shakopee. (a) Prior to the
time that Shakopee modifies the drainage channel in connection with
the implementation of its drainage plan or in connection with the
installation of public utilities , Shakopee shall have no obligation
to maintain the drainage channel .
(b) Thereafter, Shakopee shall provide all maintenance for
that portion of the drainage channel lying northerly of Pke-Lake-
the Dean' s Lake Gate, and the Watershed District shall continue to
provide all maintenance southerly thereof .
ARTICLE VII
INDEMNIFICATION
Section 7 . 01 . Indemnification of Shakopee by the Watershed
District . The Watershed District shallindemnify and hold Shakopee
harmless from any and all liability , cost or expense , including
without limitation reasonable attorney ' s fees and court costs ,
-10-
arising out of or in connection with the construction, improvement
use and maintenance of the drainage channel by the Watershed Distr
Section 7 . 02 . Indemnification of the Watershed District by
Shakopee . Shakopee shall indemnify and hold the Watershed Distric
harmless from any and all liability , cost or expense , including
without limitation reasonable attorney ' s fees and court costs ,
arising out of or in connection with the improvement , use and
maintenance of the drainage channel. by Shakopee .
Section 7 . 03 . Insurance and Evidence Thereof . Each of the
parties to this Agreement shall provide on the demand of the other ,
evidence that the risks covered by this Article are insured through
an insurance company licensed to do business in the State of MinneS
by a policy or policies having minimum per occurrence limits of
One Million Dollars ( $ 1 , 000 ,000 . 00 ) .
ARTICLE VIII
RESOLUTIONS OF DISPUTES
Section 8 . 01 . Policy for Tsolving Disputes . The parties
to this Agreement acknowledge that if disputes do arise over the
the construction of this Agreement , or over the rights and obliga-
tions of the parties hereto , such disputes will , in all likeli-
hood , affect substantial rights with respect to the health and
safety of the persons and property of the citizens residing within
their respective jurisdictions and will further arise under the
time frames that do not allow for extended investigation of or
negotiations regarding the relative merits of the respective posi-
tion to the dispute . Therefore , the following procedure for resolv-'
ing disputes has been implemented to give each party to this Agree-
ment the opportunity to present , to the fullest extent possible ,
the essence of their position to a qualified arbitrator and yet
at the same time receive a knowledgeable decision , from a person
having sufficient technical experience_ and e*Rertise , within the
shortest possible time .
Section 8 . 02 . Procedure for Resolving Disputes . All disputes
arising out of or in connection with this Agreement shall he resolved
by arbitration in accordance with Minn . Stat . Sec . 572 . 08 ,
-11-
( 1957 , as amended ) , the Minnesota Uniform Arbitration Act , and
the following conditions :
( a ) The dispute shall be heard by a board consisting of
three ( 3 ) arbitrators . The Watershed District and Prior Lake shall
appoint one ( 1 ) member to the board . Shakopee shall appoint one
( 1 ) member to the board . The third board member shall be appointed
by the members previously appointed by the parties .
( b) The election to arbitrate a dispute shall he made in
writing, duly served upon all of the other parties in the manner
provided herein for notices .
(c) The hearing before the arbitrators shall be held within
seventy-tree- R2i -heurs five (5) days after service of the election
or arbitrate, unless otherwise agreed in writing by each of the
parties .
( d ) The decision of the arbitrators shall be rendered not
later than one hundred twenty ( 120 ) hours alter service of the
election to arbitrate , unless otherwise agreed in writing by each
of the parties .
Section 8 . 03 . Enforcement of Award . The award of the arbi-
trators shall he enforceable by any district judge of the First
Judicial District of the State of Minnesota .
ARTICLE IX
AMENDMENT
Section 9 .01 . Amendment . Any amendment to this Agreement
shall be in writing and duly executed by each of the parties .
Any amendment shall be effective from and after the date that it
is recorded in the Office of the Scott County Recorder .
ARTICLE X
Section 10 . 01 . Perpetual- The dura.tio-n.._of this Agreement shall
be perpetual twenty (20) years, or until otherwise expressly rescinde
or terminated by the parties . Any such agreement of rescission or
termination shall be recorded in the Office of the Scott County Recor,
-12-
ARTICLE XI
DISTRIBUTION OF PROPERTY
Section 11 .01 . Distribution of Property Generally . In the
event of the rescission or termination of this Agreemer, , all prop-
erty or surplus monies acquired as a result of the joint exercise
of powers provided for herein shall be returned to the contributing
party in proportion to the contribution provided for by the respec-
tive party .
Section 11 . 02 . Title to Easements Upon Termination . Upon
termination of this Agreement , the Watershed District shall , convey
to Shakopee, all of its right, title and interest in the that portio
of the drainage channel- requested by Shakopee. In exchange thereto;
Shakopee shall pay to the Watershed District an amount equal to the
costs actually incurred by the Watershed District in acquiring and
initially improving that portion of the drainage channel lying within
the municipal boundaries of Shakopee.
ARTI( ' E Xl1
MISCELLANEOUS
Section 12 . 01 . Notices . Any notice required to be given
or submitted under this Agreement shall he duly given if delivered
personally or if mailed , by certified or registered mail , postage
prepaid , addressed to the parties at their respective addresses
specified below, or to such other address with respect to any party
as such party shall notify the others in writing .
If to Prior Lake :
If to Shakopee :
If to the Watershed District :
-13-
-
Section 12 . 02 . Successors and Assigns . This Agreement shall
be binding upon and inure to the benefit of the legal successors
and assigns of the parties .
Section 12 . 03 . Construction . This Agreement shall be constrs
in accordance with the laws of the State of Minnesota .
Section 12 . 04 . Definitions . The terms defined in this
Section 12 . 04 ( except as may be otherwise expressly provided in
this Agreement or when the context_ otherwise requires ) shall , for
all purposes of this Agreement , have the following respective
meanings :
( a )
( b)
( c )
(d )
IN WITNESS WHEREOF , the parties hereto have executed this
Agreement as of the day of , 1981 .
CI 'T'Y OF PRIOR LAKE
BY
ITS
AND
ITS
CITY OF SHAKOPEE
BY
AND
ITS
PRIOR LAKE-SPRING LAKE WATERShED
DISTRICT
BY
ITS
AND
I 'IS
-14-
STATE OF MINNESOTA )
) ss .
COUNTY OF SCOTT
On this day of , 1 9S 1 , the foregoing Joint Power
Agreement was accnowlec(ged bei.ore me by and
, the and
respectively , oI the City of Prior Lake , a municipal corporation ,
on behalf of said corporation .
Notary Public
STATE OF MINNESOTA)
) ss .
COUNTY OF SCOTT
On this day of , 1981 , the foregoing Joint
Powers Agreement was acknowledged before me by
and , the and
respectively , of the City of Shakopee , a municip F corporation ,
on behalf of said corporation .
iNoLm-v Publ i s
STATE OF MINNESOTA )
) ss .
COUNTY OF SCOTT
On this day of , 1951 , the foregoing Joint
Powers Agreement was acknowledged before me by
and , the and •
respectively , of CRC- Prier—La ce-Spring Lake Watershed District ,
a political subdivision of the State of Minnesota , on behalf of
said district .
hotat-v 1617
•
•
-15-
t
V of v o .3
rEY �� .�/�\ \fit i \. `‘\\ \•;,"*". \ •'
` -l' �„ l ` `�� �''�® ,S �\ AGI,• s 6
\\1' •••••',..'" 14` i GG •` tit s i • _ , •\•• - -\ ' ' . • .1 13 `.
ti
\ ,. \ ''.-,':'-:1-': ••i' • • / ice _.,..,08‘G L
1 iIF'
�•' • • • v ,t:•:', ' „Ad
t.
\ ti i / �\• +\ O \ , R { . 0.t �r` . }-- ; ' � a^: + \ ' • \ �r
4 13 .
a
....._ ______ . _... y .c: . ,,.,,,,, \•a0 "GO. . .. , CI)
i •ft f4a — - \,\ '' -a--
.5 5. r ' ' '''' -p,r,- ,,,,,, ' 1 .) .•\-- - , T P' 1 -,,;) \S
,t‘ g ' r 3 \ • 4 . ,
e :ta\/� I.�A. ',•00,,),,,,„:,,,." �/ 111 • �✓ \ /
♦ G '�} 44 S / -..1:: 1� 'm/■•'.�y. Y' a ,/
• ri o j e' ''''sgo`.::;"%',-,7i.p!.-i-s,,,,:,. .''''''' --cl,:' , 4''' .,....„-....--.
•
.•J l 3^ 7 \ .' ✓". t,L.>'., c ,1 / `\\s
• • ' . .` / • ✓ .*`N' .,•'" '. ✓ ;' ' M.
,a`,/j +roe Is ' f•✓� ♦!�
•
4 . .••• -',-i,..4, ••‘), / $0. .elk 11111101.6,10111..ft . '•C4
/ t• \40e ,_ ••.j..' / ,k, , ,.. ' • , ,-. •;,
S o i '•,,,,A ,3 S \i/�i/ .�,),I ..e1. \, rry �' \\ b \� L 0 _ Oar ;\. �,
A ilg PT ' \ s '-lv. ./ ;\*. .' ' i I, er• V' 11
,y)is<\ ,0# 1--,. / ! • -,.%, .--/- ‘,.,,, •.. ‘,.. - 0 §).3 'tt.,./,'
7npe1 o <i.�. •
\G�'�y�'. _lam' S" \M ^\� .� l 1 • ,• . \ \ ML• • '
fq Fi •i 4, _ w� % .\ ,,f' i, .% :r
I.
Q
. •^ Gw l cpa✓-,_ a *'-'-'•-•- P. •n t y
` " \ \
m - _-- du
R sys r o
a wz . ,Ppg MG4 . po \.
ac
v jC
s E
t c
1 p ; y a /—
• G
N
1 .. ...... _..__.. .. ,._........_.. '� it