RESOLVED, that the proper city officials are hereby authorized to enter into an amendment to City Contract No. 18314, substantially in the form of that on file in the office of the city clerk as Public Document No. _____, with the city of Hermantown, amending the agreement establishing the Miller Creek joint powers board, authorizing the board to perform a variety of work to enhance the Miller Creek watershed including constructing the proposed Miller Creek sediment trap near Miller Mall.

STATEMENT OF PURPOSE:  The purpose of this resolution is to authorize an amendment to the joint powers agreement with the city of Hermantown to authorize the board to undertake a variety of work to improve the Miller Creek watershed including construction of the proposed Miller Creek sediment trap facility.

The Miller Creek joint powers board was originally created in 1998 to provide an inter-community forum to develop and implement strategies to correct in so far as practical the damage to the watershed that had been caused by relatively unbridled and uncoordinated development in the developed areas of Miller Hill. The original work plan for the board included implementation of a sediment trap plan originally proposed for the intersection of Decker Road and Mall Drive along with a variety of other work.

Since the original agreement was approved, the board has undertaken to implement a number of other improvements to the watershed including plantings, spawning bed improvements and educational projects. With regard to the sediment trap development project, further analysis has lead to the relocation of this proposed facility to a location south of that originally proposed which will require construction of an access road in order to maintain the trap and will also increase the costs of construction above the $50,000 originally estimated. The city's engineering division has been involved in the development of the plans for the trap and access road and are satisfied that this is the appropriate approach to take. The good news is that the board has secured a grant from the federal coastal zone management authorities to defray the cost of the new facility and road.

The board has reached agreement with all of the affected property owners to provide easements for the sediment trap and the access road. The board will be responsible for construction of the trap and access roadway. The city of Duluth will be responsible to maintain those facilities after the construction has been completed.

This resolution authorizes amending the JPA with Hermantown to authorize the board to perform its part of the obligations to get this facility built. In addition, it specifically authorizes the board to continue to pursue other improvements to the Miller Creek watershed.