DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Joint Powers Agreement With Dakota County Soil And Water Conservation District And City Of Mendota Heights For Interstate Valley Creek Streambank Stabilization And Stormwater Best Practices
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PURPOSE/ACTION REQUESTED
Authorize execution of a joint powers agreement (JPA) with the Dakota County Soil and Water Conservation District (SWCD) and the City of Mendota Heights for implementing projects related to the 2024 MN Board of Water and Soil Resources (BWSR) Clean Water Fund (CWF) Grant C24-0045 for the Interstate Valley Creek (IVC) Streambank Stabilization and Stormwater Best Management Practices Project (Attachment: JPA).
SUMMARY
To enrich lives by providing high-quality recreation and education opportunities in harmony with natural resource preservation and stewardship, the SWCD has applied for and received Fiscal Year 2024 CWF grant funds through BWSR to construct three stormwater management projects and three streambank stabilization projects along Interstate Valley Creek in Mendota Heights. Due to timing and construction site constraints, it is necessary to combine the design and implementation of those six projects with the planned completion of the River to River Greenway - Mendota Heights Valley Park - North of Marie project through Valley Park in Mendota Heights (Attachment: Project Location).
SWCD staff have drafted and presented a JPA to Dakota County and the City of Mendota Heights, which outlines the parameters for coordination of this cooperative project. Dakota County and the City of Mendota Heights will lead the design and construction of the projects with input from SWCD staff. The SWCD will be responsible for all grant coordination and management and will provide input on all aspects of the grant-funded project. The City and County will be responsible for providing match funding and will be responsible for long term maintenance of the project.
The JPA benefits the one-mile corridor by upgrading existing local trails to the County’s current greenway design standards, improving the water quality of Interstate Valley Creek through erosion and pollutant reductions, and establishing a long-term maintenance plan for the maintenance of natural resources in the corridor.
The JPA begins March 15, 2024, or the date all required signatures are obtained, whichever is later. The JPA expires December 31, 2028, or until all obligations have been satisfactorily fulfilled, whichever occurs first. The County and City may immediately terminate this agreement if they do not obtain funding from the Minnesota Legislature, other funding sources, or if funding cannot be continued at a level sufficient to allow for the payments provided in the agreement. The SWCD may immediately terminate this agreement if it does not obtain CWF funding from BWSR or if funding cannot be continued at a level sufficient to allow for the payments provided in the agreement. The financial terms of the agreement state the estimated cost for administration and project development for the IVC Project is $45,000. Administration and project development costs will be covered by $35,000 from the CWF Grant and $10,000 in matching funds from the Lower Mississippi River Watershed Management Organization (LMRWMO). The estimated cost for engineering and construction of the IVC Project is $700,000. Engineering and construction costs will be covered by $550,000 from the CWF Grant, $50,000 from the County in matching funds, and $100,000 from the City in matching funds. The City and County also agree to split the costs of any overages in engineering and construction costs for the IVC Project that are necessary to complete the six identified projects and fulfill the CWF Grant requirements. The SWCD agrees to pay for any overages in SWCD staff time to administer and manage the CWF Grant. The SWCD is not responsible for any overages in IVC Project costs besides their own staff time. Should there be any overages in IVC Project costs above the estimates, the County and City agree to complete the projects that fulfill the CWF grant requirements and split the remaining costs 50/50.
No significant staff time will be devoted to managing this JPA. These resources are authorized in the current budget.
RECOMMENDATION
recommendation
Staff recommends that Dakota County enter into a JPA with the Dakota County Soil and Water Conservation District (SWCD) and the City of Mendota Heights for implementing projects related to the 2024 MN Board of Water and Soil Resources (BWSR) Clean Water Fund (CWF) Grant C24-0045 for the Interstate Valley Creek (IVC) Streambank Stabilization and Stormwater Best Management Practices Project for the period of March 15, 2024 to December 31, 2028.
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EXPLANATION OF FISCAL/FTE IMPACTS
The fiscal impacts associated with this JPA were approved by Resolution No. 23-406 (September 12, 2023). The associated construction costs of the Streambank Stabilization and Stormwater Best Management Practices projects are estimated at $745,459 and have been incorporated into the new construction costs for the project which has total approved 2024 CIP budget of $1,887,600. Sufficient funding is available for design and construction of this project.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to enrich lives by providing high-quality recreation and education opportunities in harmony with natural resource preservation and stewardship, Dakota County is proceeding with the River To River Greenway County Project; and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, the Dakota County Board of Water and Soil Resources (BWSR) applied for and was awarded 2024 Clean Water Fund grant funds in the amount of $550,000 from Grant C24-0045 for six Interstate Valley Creek (IVC) Streambank Stabilization and Stormwater Best Management Practices Projects; and
WHEREAS, a joint powers agreement (JPA) with Dakota County, Mendota Heights, and Dakota County Soil and Water Conservation District (SWCD) to implementing projects related to County Project P3002 and the Interstate Streambank Stabilization and Stormwater Best Management Practices (BMP) projects; and
WHEREAS, the JPA provides a method for the parties to undertake implementation of the six Interstate Creek Stabilization and Stormwater BMP projects; and
WHEREAS, sufficient funding was authorized by Resolution No. 23-406 (September 12, 2023) and authorized in the 2024 construction budget.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Manager, or their designee, to execute a joint powers agreement with Mendota Heights and Dakota County Soil and Water Conservation District to provide a method for the Parties to undertake implementation of the six projects identified in the IVC Project in conjunction with the Greenway Project through Valley Park for the period of April 23, 2024, to December 31, 2028, or until all obligations have been satisfactorily fulfilled, whichever occurs first, as presented in the term sheet dated March 15, 2024, subject to approval by the County Attorney’s Office as to form.
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PREVIOUS BOARD ACTION
21-497; 10/12/21
22-140; 3/22/22
23-406; 9/12/23
ATTACHMENTS
Attachment: Project Location Map
Attachment: Interstate Valley Creek JPA
BOARD GOALS
☒ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Taud Hoopingarner
Author: Mike Adams