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HomeMy WebLinkAbout1998-124RESOLUTION NO. 98`124 RESOLUTION OF COMMITMENT AND UNDERTAKING AND REQUEST FOR ASSISTANCE WHEREAS, the City of Stillwater completed an Alternative Urban Areawide Review ("AUAR") in August of 1997, for the purpose of evaluating potential environmental impacts from development of the Annexation Area on trie west side of the City and developing a mitigation plan to avoid, minimize or mitigate for these impacts. The cornerstone of the mitigation plan is the diversion of storm water flowing from Long Lake and other portions of the annexed area away from Brown's Creek in order the preserve and enhance the integrity of Brown's Creek; and, WHEREAS, in furtherance of the commitment in the AUAR to construct needed storm water improvements in order to mitigate impacts in a timely manner, the City, on December 16, 1997, approved a Feasibility Study in order to determine the most cost effective alternatives for accomplishing the goals in a timely manner; and, WHEREAS, the Feasibility Study adopted by the City determined that the total mitigation effort is most feasiblely divided into three (3) phases described as follows: Phase I. Long Lake Area. The first phase involves widening the channel outlet from Long Lake north of County State Aid 12, replacing existing culverts under Interlachen Road with larger box culverts, widening the channel between the Jackson Wildlife Management Area wetlands and replacing the vesting wear at County State Aid 12 with a modified version to increase flows out of Long Lake and the total cost of these improvements is estimated at four hundred ninety-two thousand six hundred forty-eight and no/100 dollars ($492,648.00); and, WHEREAS, Phase II, described as the Diversion in McKusick's Lake, would require a diversion structure to be built on the channel from Long Lake immediately south of the Minnesota Zephyr Railroad track and the construction and addition of the low flow diversion pipe leading from the area of the diversion structure to south of the railroad tracks near the McKusick's Lake wetland and the total cost of this work is estimated at three hundred seventy- seven thousand nine hundred twenty-two and no/100 dollars ($377,922900); and, WHEREAS, Phase III improvement would include the Brown's Creek reconstruction, including the expansion of the McKusick's Lake basin, the realignment of Brown's Creek to allow for the expansion of McKusick's Lake and the extension of the diversion pipe that would be constructed along the south end of the golf course between the golf course and a dike to contain a mixed expanded McKusick's Lake with necessary downstream improvements is estimated at one million nine hundred fifty thousand six hundred thirty-five and no/100 dollars ($1,950,635.00); and, WHEREAS, the Minnesota Department of Natural Resources has sought assurances from the City that the mitigation measures, including all three (3) phases, will be constructed in a timely manner and in advance of the development expected to impact on the storm water system; and, WHEREAS, the purpose of this Resolution is to give assurances to the Department of Natural Resources that the City is committed to the undertaking of these improvements in compliance with the spirit and intent of the AUAR. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the City reaffirms its commitment to the spirit and intention of the AUAR and its commitment to construct the mitigation measures in a timely manner. 2. That as part of the improvements now being undertaken, the City has already undertaken to complete part of the Phase I Long Lake Area improvements at a cost of one hundred thousand and no/100 dollars ($100,000.00) and, further, has installed an underground pipe as part of the Phase II Diversion system at a cost of one hundred fifty thousand and no/100 dollars ($150,000.00) and reaffirms its commitment to find funding for the entire mitigation system so that it can be constructed as soon. as feasiblely possible. 3. That the City staff is directed to work with officials of the State of Minnesota and the Department of Natural Resources to explore any or all possibilities of obtaining funds to allow for construction of all phases of the mitigation measures without waiting for future phases of a development to occur and the collection of hookup charges to finance the improvements. Enacted by the City Council of the City of Stillwater this 12~h day of May, 1998. CITE' OF STILLWATER Morli eldon Clerk 2