3.1. SR 03-08-2010REQUEST FOR ACTION
® item umber
Ma or & Ci Council 3.1.
Benda action eetin ate reare y
Consent March S, 2010 Rebecca Haug, Environmental
Admi~.i.strator
item ascription eviewed y
Sherburne Soil & Water Conservation District ~S'L~CD} Grants Lori Johnson, Ci .Administrator
~- LRP Stormwater Retrofit and Clean dater Fund eviewed y
ction equaste
1. Approve spending up to $17,000 as match to SWCD LRP Stormwater Retrofit Grant.
2. Approve spending up to X14,150 as in-kind match to SWCD Clean dater Fund Grant,
ackr®und~ iscussi®n,
The Sherburne Soil & dater Conservation District contacted City staff about the opportunity to work
with them on stormwater retrofit grants. The City of Ells River is a MS4 and is required to complete
certain measures to deal with stormwater. This is a great opportunity for the City to be able to partner
with the S'~1'CD on Stormwater projects.
Staff updated the City Council on Tuesday, February 1 G, 2010 to inquire whether the City was interested
in working with the S'~1'CD on these two programs. The minutes from the meeting are attached. Since
the City Council. was in support of worl~ing with the SWCD, a cost breal~down was established to show
what the City's contt•ibution would be and is attached for your review. The SWCD also requires the City
to enter into an agreement to be able to partner together on these two programs. This draft agreement
has also been attached.
Financial Impact
The $31,150 would come out of the Su~.•face Mater Management Fund and has been budgeted for in the
2010 budget.
ttacbnlants
® Draft agreement between the City and SWCD
2010 Stormwater Grants cost breal~-down provided by Mark Basiletti, SWCD
® Minutes from February 1 G, 2010 City Council meeting
Ction Motion by Second by Vote
ollow p
C:~Documents and Settings~jmiller~Local Settings~Temparary Internet Files~OLK3I~~Action Requested-s~vcd grants ~2}.doc
A~REEI~E~IT
DETWEEN
SHER~I1Rl~E SAIL AIYD CATER C~NSERVA.TI~I~ T}ISTR.ICT
AND TIE CIT'~ OF ELF RAVER
FAR
2010 SI~~~VATER.SED ERD4 STS V4l,ATER. RETR~FXT ANALYSIS STUDY
A. PARTIES
This Agreement is made and entered into by the Sherburne Soil and Water `onservation District District}, and tl~e
City of Elk River City},
E. PITRP~SE
WHEREAS, the City has requested assistance from the District to implement ~~., Iaurposes and policies specified in
MILAN, STAT, §§ 103A,20~; and
WHEREAS, the District is authorized to enter Agreements to provide such assistai~~~. p~~rsuant to MILAN, STAT, §~
103C,331, SUBD. 3 and 7.
NOW, THEREFORE, the panties agree as follows:
~.
C. TERM OF A.GREEI~ENT
The term of this Agreement shall be from April `~~ D~0 ~~~A tide date of execution of this agreement whichever is later
to December 31, 2010 unless extended or termina~cd earlier a ~~lded herein.
D. SCOPE ~F SERVICES
z;~
The District will perform all services and furnish and del~~~ ~ all work products generally described as the District's
responsibility in the att~c,hed Exhibit A,
E. CAST
z~
ha full consider~~. for services u~~ this Agreement, the District shall charge the City, for its services to complete
the study, an amou~E nod to exceed ~~~0 without prior written approval from the City,
F. RILLIN~ RA`I~~ ~~D PAYI~TS
1, Project expenses will e billed ~~~ the District as they are accrued or on a schedule agreed upon by the
District and the City,
2. Invoices are payable to the ~l~trict by the City within 60 days after receipt,
~. EQUAL ENIPLDYI~EI~T ~PP~RTIJNITY~CIVIL RIGHTS
During the performance of this Agreement, the District agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, crinunal
record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be
otherwise subjected to discrimination under any program, service, or activity under the provisions of and all
applicable federal and state laws against discrimination including the Civil Rights Act of 194,
2~I~ E1k RiverISWCD Retrofit Analysis Ag~•ee~nent Page 1
~. ~TANDA~7
The District shall comply with all applicable Federal and State statutes and regulations as well as local ordinances
now in effect or hereafter adopted, Failure to meet the requirements of the above maybe cause for cancellation of
this contract effective the date of receipt of the Notice of Ca~acellatian,
~. DATA P~VAC~
All data collected, created, received, maintained, or disseminated, or used for azay purpose in the course of the
District's perforn~ance of the Agreement is gove~~.ed by the Mi~u~esota Gove~ament Data Practices Act, Minnesota
1984, Section 13,01, et seq., or any other applicable state statutes and state rules adopted to implement the Act, as
well as state statutes and. federal regulations on data privacy. The District agrees to abide by these statutes, rules and
regulations and as they may be amended,
~, AUDITS, R,EP®RTS AND ~N~T~NG P~C~~'DUT~S
r
The District will;
1. Maintain records that reflect all revenues, co~~~ ~~~cu~~ed and services provided in the perfo~~.nance of tlae
Agreement,
2, Agree that tl~e County, the State Auditor, or ie~lative ~~~l~~rity, or any of their duly authorized
representatives at any time during normal business .~,~~r~ ~~ as often as they may deem reasonably
necessary, shall have access to tlae rights to examine au~:~~~ ~~cerpt, and transcribe any books, documents,
papers, records, etc,, and accounting procedures and prac~i~.~:~ of the District which are relevant to the
contract.
INDEII~NITY `~
The District and the City t~~~~~ly agree, ~~; the fullest extent permitted by law, to indemnify and hold each other
harmless for any and all dama~/~~~ liability ~~~' COst ~111c~1iC~lllg reasonable attorlleyS' fees and costs of defense} arising
from their own negligent acts, err~~~~ or ~~~~~.~~s in the perforta~ance of their services under this Agreement, to the
extent each party is responsible for ~~:i~ ~~~n~.~~~~ end losses on a comparative basis of fault. Parties agree to
provide proof of contractual liability i ~~r~~ace upon ~ ~.~~~ ~ t, This paragraph does not diminish, with respect to any
third party, any defense, immunity or liabi~~~~r limit that il~~ ~~stt•ict or the City may enjoy under law,
L. ~NND~PENDENT C~NTI~CT~It
It is agreed that nothing herein contained is intended or should be construed in any manner as creating or
establishing the relationship of co-partners between the patties hereto or as constituting the District as the agent,
representative, o~• employee of City for any purpose o~• in any manlier whatsoever, The District is to be and shall
remain an independent contractor with respect to all services performed under this Agreement.
The District represents that it has, or will secure at its own expense, all personnel required in performing se~•vices
under this Agreement, Any and all personnel of the District or other person, while engaged in the performance of
any work or services required by the District under this Agreement, shall have no contractual relationship with the
City and shall not be considered employees of the City,
l~, ~DIF~CATI~NS
Any material alteration or variation shall be reduced to writing as an amendment and signed by floe pasties. Any
alteration, modification, or variation deemed not to be material by written agreement of the District and the City
shall not require written approval.
20l Q Elk RiverISWCD Ret~•o~it Analysis Ag~~eeme~at Page 2
1 r . 1~'~.ER~~~
It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the
term of the Agreement by a writing under Paragraph M above concerning a nonmaterial change, and that this
contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items
referred to in this contract are incorporated or attached and deemed to be part of the contract.
~, TERNIII~A.TI~N
Either the District or the City may terminate this Agreement with or without cause by giving the other party thirty
~3D} days written notice prior to the effective date of such termination. T. City, if it terminates, can specify what
additional work the District is to do before te~~aination.
P. ®wNE~SHIP ~~' D~CII~~NTS ADD I~TI~aLLECTL~~~I~ RPERTY
All property of the City used, acquired or created in the performance of `~~ ~~ ~ under this Agreement, including
documents and records of any kind, shall remain the property of the City. The ~~~j and the District shall have the
right to use, sell, license, publish, or otherwise disseminate any product developer ~ whole or in part during the
performance of work under this Agreement.
r
r
IN TESTIMONY WHEREOF the parties ha~r~ ~~~~ ecuted this agreement by their duly authorized officers,
APPROVED;
CITY OF ELI RIVER 'I~~~..NE SOIL AND WATER
CONS:~~..ATION DISTRACT
By; ~By;
Its: ~ Its;
Date: Date:
Approval as to form and exc~tion:
City Attorney Date
2010 Elk RiverIS~NCD Retrofit Analysis Agreement Page 3
E~TTBIT A
20T0 SI~~~VATT~~RST~ED 3025 ST~RI~'~'ATET~ TtET.®FIT A.~YSIS STI~Y
T~,ST~ T~ESCRTPTTC~I~ RESP~I~STT~ILI'TY:
STEP 1: R.ETT~®TTT SC~PTN~
TASK 1; Screen for subwatershed retrofit otential completed
TASK 2: Review curl•ent and future stormwater plans
TASK 3; Define care retrofitting objectives
TASK 4; Define preferred retrofit treatment options
STEP 2: T~EST~TC~P RET~®~'IT DIALYSIS
TASK 1; Secure G1S and other mapping
TASK 2: Conduct desktop search for retrofit siteslindentif~~ ;:~ ~ ~~; options
TASK 3; Pre are base ma s for RRI
STEP 3: R.ETR®TTT T~EC~I~~IA.ISS~ICE TNVESTT~ATT®N ~
TASK 1; Field verification of remote data
TASK 2; Evaluate individual sites during RR~
TASK 3; Search for additional retrofit opportunities
STEP ~: TREATMENT A~IATIYSISIC~ST ESrT'Tl~IA.TES
TASK 1; Model "as-is" catchment loan ~~
~.,
TASK ~; Develop ~SISR conce is
TASK 3; Develop cost estimates
STEP 5: EVA~~U.ATT®N ANTS TZANI~II~
TASK 1; Costlbenelit analysis
TASK 2; Select final bmp concepts by catclune~~
TASK 3: Rank prof ects by cost~effectiveness
TASK 4; Compare results to retrofit objectives
STEP G: PTI~..T~I~E I)ESI~NS
TASK 1; ~~~~ ~ ~.~~~~~~~7ner approvals
TASK 2; ; ~:~ o~ethe~° ~~~~ecific final design ackage
TASK ~: ~~~~lculate estin~~~ constructed pollutant removal
TASK 3: `~~duct bidding fo~~ ~struction
~~R~ P~.~DUCTS RESP®NSTT.~TTY:
Maps with prioritized n~~,~~borhoodslsit~ end corresponding suggested retrofit types
Minor subwatershed rofiil ~~cludingo
Estimated impervious surfa~.~b ~f r~p~~~~ area
Stonnwater volume and pollu~~ I~~:d estimates using PS model
Recommended retrofit type and tel~atives cif ap licable}
General BMP retrofit sketches
Estimated volume, and pollutant reductions for BMPs using P8 model
Site~specific cost estimates for project implementation
Final report including a corpilation of the process and findings of the assessment
along with general and site specific designs developed as part of the process, The
compilation will include a summary of reconu~~ended action steps and cost estimates to
implement those recommendations.
Educational pamphlets to promote retrofit practices in targeted minor subwatersheds,
Presentations at up to two workshops hosted by City.
2a 1 ~ Elk RivcrISWCD Retrofit Analysis Ag~~eelnent Page ~
e~
~~
~pp
imn
~~
.®
~!
i
w
~e
a~
w
p~
W
L7
L
~ ~
° ~
~ o~
~` o ~
v ~ ~ ~,~ ~ ;~
~~ ~ ~~ ~ ~
v~
~ ` ~ ~
_
U ~
a~ 0 V?
°~
V
~
v ~a ~
~
L
d
f/1 ~} CSI
u ~ ~ ~
~ ~
LJ ,~ ~
~ ~
~ ~
v
.~ ~
~ ~ .~
~
,~ ~ ~ L
"Q ~
~ O ~,}
QJ I°^ '~
1
~
~ h
v P
0
~
~ ~
o
~
o ~' ~
rv
vu ~
~ ~, ~
~ ~ ~ ~
~ ~
~ ~ ~ m
oL ~, v
~ ~ ~
r~
~ ~
Q
~
.~
L
I
~~ ~ o
~ ~ 0
~n
u~ ~
~
~ ~
~
x
.
~~ v ~
~ ~
*~
~
r~
U ~ ~
~- .~
~ 0 bA ~
~~.
~ ~°~
~ ~. ~ ~
V} ~
u ~ ~
~~ ~
Q
~ ~
U ... ~
~~ o
~~ ~
l~
~
Q~ ~
'~
a
0
v
~
~ ~
~
ti
~ a
v~ N
uu ~
L
~
~
f ~
~ °~ ~
m ~ m
~
,
~
~~
~V ~
=
City Council Mi~.uxes
February 1G, 210
Page 5
Dennis ButXer,125~G 225th Court -- Questioned if the applicant's request would prolong
the life span of the landf~l because if it did, he would be opposed to it.
Ms. Haug stated the application for the conditional use permit and the solid waste facility
license does not giant the landfill any approvals fox an expansion.
Mayor I~linzing closed the public hearing.
Mr, Beck stated the Council can approve the resolution as it was drafted and noted the
landfill doesn't have to agree to it for the Council to appxove it. He stated it is in the
Council's findings of fact and the landfill is not required to agree to it
N1®VED BY COUNCILMEMBER ZERwAS AND SECONDED BY
COUNCILMEMBER wESTGAAR.D TO .APPROVE AN AMENDED
CONDITIONAL USE PERMIT TO WASTE MANAGEMENT FOR'THE ELR
RIVER LANDFILL, CASE NO. CU 10-~Z AS OUTLINED IN THE STAFF
REPORT AND TO ADOPT RESOLUTION IU-U7 APPROVING THE
APPLICATION OF ELR RIVER LANDFILL, INC. FOR AN AMENDED
CONDITIONAL USE PERMIT AND LICENSE FOR THE EXISTING ELI
RIVER LANDFILL. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER MOTIN AND SMONDED BY
COUNCILMEMBER wESTGAARD T®APPROVE THE AMENDMENTS TO
THE ELT RIVER LANDFILL'S SOLID WASTE FACILITY LICENSE WITH
MODIFICATIONS AS OUTLINED IN THE STAFF REPORT AND
RES®LUTION 14-07. MOTION CARRIED 5-U.
G.4. Re uest b Ci of Elk River for Ordinance Amendment Relatin to the Rezonin of
Certain Pzo er From AI A ricultural Conservation to Rya Sin le Famil Residential
Case No. ZC IO-02,1'ublrc Hear
Mr. Barnhart presented the staff report,
Mayor I~linzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing,
MOVED BY COUNCILMEMBER wESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 1Q-OI. AMENDING
THE CITY OF ELR RIVER ZONING MAP TD REZONE CERTAIN
PROPERTIES AS DESCRIBED, CASE NO. ZC 1Q-02. MOTION CARRIED 5-Q.
Stormwater Grant Update
Ms. Haug stated the Sherburne County Soil & water Conservation District has received two
grants and would be interested in partnering with the city on projects. She stated the stormw
water grand includes three projects that are being reviewed by staff; the old Northbound
Liquor site at TH ~~9 and Main Street and two other locations she couldn't disclose until
she was able to talk with property owners to gage their interest i.n participating, She stated
the grant is for $25,000 with the city providing an in-kind match of ~~4,000, She noted these
grants are through the clean water grant program.
City Council Minutes
February ~ G, 20 ~ 0
Page 6
She stated the second grant is offering ~50,OO4 in grant funds to communities in Sherburne
County. She noted Elk River and St. Cloud were the only twa communities to express
interest in these funds. She stated £oxmal commitment is needed from Council to partner on
this grant. She stated a 35°/n match would be required which could be cash or in-kind, She
stated she didn't have a lot o~ details on the grant at this time but noted a focus for the
funds could be on impaired waters for the Mississippi River, older parts o£ the community
or Council could o££er• suggestions.
She further noted these grants would take care o£ MS4 requiarements o£ the City's NPDES
permit.
Councilmember Zerwas noted that the Lake Urono Association may be interested in
participating in a project.
NI~]VED BY CDUNC~LMEMBER ZERWAS ADD SECG~DED BY
CDU~CTLMEMBER Vi1ESTGA.AR.D TG PARTNER w~TH THE
STDRMWATER CDI~SERV.AT~G~ D~STRZCT F®R THE T~wD GRAN
APPL~C.ATZC~NS. IVY®TTDN CARRIED 5p0.
G.S.B Energy Ex~ U~da~e
Ms. Haug stated the Initiative Foundation is willing to grant ~,~00 for• use at tlxe Energy
Expo and formal Council action is required i£ the city is willing to work with the Initiative
Foundation.
M®VED BY CDUI~C~LMEN~BER WESTGA.ARD AIVD SEC®NDED BY
CC~U~CIL~EMBER GU~PHREY TC~ PARTNER wITH THE zI~ITATZVE
F~]U~DAT~O~ FC~R THE ENERGY E~PG. ~GTzDN CARRIED 5~0.
7. L Tuture Li uor Store Staff n~
Mr. Potvin presented the staff report.
MDVED BY C®U~CILNIEIVIBER MGTIN A1VD SECD~DED BY
CDUNC~LI~IEMBER GUNIPHREYTG AUTHORIZE ADVERTIS~~G ~]F A 30
HOUR PER'4~lEER PART-T~N~E PGS~T~®~ AT wESTBDU~D LI~UDR
STORE A1VD T®PRQMC]TE J®A~I~ WARREN TD FULL T~N~E LYQUDR
ST(]RE CLERK EFFECTIVE APRIL ~, 20.0. N~®TI®N CARRIED 5-0.
Council~nember westgaard clarified that Mr. Donais is retiring from the city on good terms
and clarified that the memo mention o£ severance is accrued liabilities Sick/vacation}
payout.
Ms. Johnson noted the city will gready miss Mr• Donais
8. Other Business
Cade of Conduct
Mayor Z~linzing suggested discussing a code o£ conduct for Council, Commission, and staff
at a future worksession meeting, She noted many cities have them and distributed sample
documents,