Loading...
HomeMy WebLinkAbout2-1991 - ADMIN Resolution - City Council - 1991/10/17RESOLUTION NO. 2-1991 RESOLUTION OF THE BASSETT CREEK WATER MANAGEMENT COMMISSION RELATING TO RELOCATION PROJECTS INCLUDED IN THE GENERAL DESIGN OF THE JOINT FLOOD CONTROL PROJECT OF THE CITY OF MINNEAPOLIS AND THE UNITED STATES ARMY CORPS OF ENGINEERS WHEREAS, the nine member cities of the Bassett Creek Water Management Commission have adopted a Joint Powers Agreement setting forth the powers and authority of the Commission as agreed to by the nine cities, and WHEREAS, pursuant to said Joint Powers Agreement, a public hearing was held on October 15, 1975, for the purpose of determining whether the Commission and its member communities should go forward with a major flood control project in conjunction with the United States Army Corps of Engineers, and WHEREAS, in 1976 the United States Congress approved the joint project and the funding for said project on a Federal level was approved by the Congress in 1986, and WHEREAS, the Commission designated the City of Minneapolis as the member City to contract with the Corps of Engineers and to act as the sponsor and on June 27, 1986, a Local Cooperative Agreement was signed between the United States government and the City of Minneapolis, and WHEREAS, the Local Cooperative Agreement between the City of Minneapolis and the Corps of Engineers was reviewed and approved by this Commission and the member Cities have been paying the local share of the cost of construction since that date and assessments have been levied on a proportionate basis in accordance with the Joint Powers Agreement and as ordered by the Commission after the public hearing to construct said improvements, and WHEREAS, the project has gone forward and it is anticipated that it will be finally completed in 1995, but the reason for that delay relates to major cost savings that may be achieved if the Commission and its member Cities and the Corps of Engineers work with the Minnesota Department of Transportation in the area where Bassett Creek flows under Highway 100, and MnDOT financing will not be available until 1994, and WHEREAS, there are three relocations which were approved as a part of the general design which have not been completed as of this time and the Commissioner Engineer and the Corps of Engineers agree that the entire financial responsibility for those relocations rests with the local sponsors and therefore must be paid by the nine member cities, and WHEREAS, the Commission's engineer and engineering representatives from the Corps agree that if the projects are constructed by the Corps of Engineers, they will probably cost considerably more than if the projects were done on a local level, and in some cases the Corps of Engineers would actually have to contract with the City of Minneapolis t4111 make certain watermain relocations in the area of Penn Avenue, and WHEREAS, this Commission has consulted with representatives of the Cities of Golden Valley, Plymouth, and Minneapolis and believe that said Cities would be willing to construct the improvements under local contracts or by local work forces if the Commission were to provide the funds, and WHEREAS, if the work at Westbrook Road in Golden Valley, estimated at approximately $230,000, and the construction of the Medicine Lake outlet in the City of Plymouth, estimated at approximately $250,000, and certain watermain relocations at or near Penn Avenue in Minneapolis, estimated at $30,000, were done by the Corps of Engineers, the nine member Cities would be providing that funding through the local sponsor, the City of Minneapolis, and this Commission believes that it would be to the benefit of all member Cities, and we are advised that we can save approximately $200,000, if the work were done by the member Cities where the relocations are necessary and funded from construction funds being held by this Commission to complete the project approved after public hearings and approved as a part of the general design of the Corps -approved project, and WHEREAS, the Commission believes it has sufficient funds on hand to complete the construction, and WHEREAS, it is deemed advisable to request each member City to adopt a resolution approving the Commission's proposed action an designating Golden Valley, Plymouth, and Minneapolis to do these relocations because it is in the best interests of each community to promote the most effective means of construction and that is more likely to result from having the work done by our member Cities rather than by the United States government, NOW, THEREFORE, BE IT RESOLVED By the Bassett Creek Water Management Commission, as follows: 1. It is hereby determined that the local construction and relocation projects at Westbrook Road, Medicine Lake Outlet, and Penn Avenue in the City of Minneapolis would be best handled at a local level since they are a local responsibility and are to be paid for entirely by local funds. 2. The Commission is advised by representatives of Golden Valley, Plymouth, and the City of Minneapolis that said Cities are willing to contract pursuant to law for the necessary labor and materials to make said relocations and to handle said construction projects. Agreements between the Commission and the Cities of Golden Valley, Plymouth, and Minneapolis shall be entered into, and the funds for these three projects shall be provided by the Bassett Creek Water Management Commission on the same proportionate basis as other projects being constructed by the Corps 4111 or under the Local Cooperative Agreement between the City of Minneapolis and the United States government. 3. The Commission staff is directed to prepare a model resolution for transmittal to each of the nine member Cities asking them to r f join with the Commission to administratively determine that the method chosen by the Commission for proceeding is agreed to by all parties. The purpose of this Resolution and of the Resolution to be transmitted to the member Cities is to assure the Commission that it has the authority to disperse the funds collected for the over-all project to member Cities who will contract for said work rather than to have the funds spent by the Corps of Engineers. This Commission is advised that the savings will be substantial if this method of proceeding is approved by the nine member Cities. 4. Upon receipt of the Resolutions from the nine member Cities authorizing said method of proceeding, the Commission staff is hereby directed to inform the Corps of Engineers that the Cities will be doing the relocation work locally. The Commission staff shall then work with the Cities of Golden Valley, Plymouth, and Minneapolis to establish a method of proceeding whereby said Cities shall proceed to construct the relocations as approved by this Commission and by the Corps of Engineers, which procedures shall meet the terms and conditions of the over-all flood control project. Nothing contained herein shall change the responsibility of the member Cities to obtain and pay for the necessary rights of way and to receive credit as outlined in the Joint Powers Agreement. Adopted by the Bassett Creek Water Management Commission October 17, 1991. Chairman