HomeMy WebLinkAbout10-332OCTOBER 26, 2010 10 -332 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH CLEAN WATER ACTION
COUNCIL OF NORTHEASTERN WISCONSIN RELATED TO
SAWYER CREEK STORMWATER DRAINAGE BASIN
INITIATED BY: PUBLIC WORKS DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Agreement Between Clean Water Action Council of Northeastern Wisconsin and the City
of Oshkosh for Implementation of a Supplemental Environmental Project to Benefit Sawyer
Creek, is hereby approved and the proper City officials are hereby authorized to execute
and deliver the agreement in substantially the same form as attached hereto, any changes
in the execution copy being deemed approved by their respective signatures, and said City
officials are authorized and directed to take those steps necessary to implement the terms
and conditions of the Agreement.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshk osh, 9031130 City of Oshkosh
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MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: October 21, 2010
RE: Approval of Agreement with the Clear Water Action Council of Northeastern Wisconsin
related to the Sawyer Creek Stormwater Drainage Basin
BACKGROUND
This agreement relates to a lawsuit that was initiated by the Clean Water Action Council of Northeastern
Wisconsin (CWAC) against Utica Energy. The CWAC filed a lawsuit relative to wastewater discharge
violations from the ethanol plant to Sawyer Creek.
ANALYSIS
To resolve this lawsuit, the CWAC entered into a settlement agreement with Utica Energy. The
settlement agreement required that Utica Energy pay $25,000 to the City of Oshkosh. These funds are to
be used to fund an environmental project which protects and improves the water quality of Sawyer Creek
at Sawyer Creek/Rusch Park. The proposed project involves the construction of a rain garden which will
remove pollutants from the stormwater that is discharged from the dry detention basin at Carl Traeger
School. This agreement was approved by the Stormwater Utility Committee and the Advisory Parks
Board approved the rain garden construction at the park.
FISCAL IMPACT
The Stormwater Utility will not have a fiscal impact from the approval of this agreement. The scope of the
rain garden project (including design & construction) will be limited to the $25,000 that was received from
Utica Energy.
RECOMMENDATIONS
I recommend approval of the agreement.
Respectfully Submitted,
J d C- - p4
David C. Patek
Director of Public Works
Approved:
.. J� 7/0- ve -A4 4---.
Mark A. Rohloff
City Manager
CA\Documents and Settings \davep \Local Settings \Temporary Internet Files \OLK4A\Approval of Agreement Clear Water Action Council
102110. doe
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AGREEMENT
Between Clean Water Action Council of Northeastern Wisconsin and the City of Oshkosh
for Implementation of a Supplemental Environmental Project to
Benefit Sawyer Creek
The Clean Water Action Council of Northeastern Wisconsin, Inc. ( "CWAC ") has entered into a
settlement agreement with Utica Energy, LLC ( "Utica ") resolving a federal Clean Water Act
citizen suit filed by CWAC against Utica. .Under the settlement agreement, Utica has agreed to
pay $25,000 to the City of Oshkosh ( "City ") to fund a Supplemental Environmental Project
( "SEP ") to protect and improve the existing water quality of Sawyer Creek in Oshkosh,
Wisconsin.
CWAC and the City agree to the following terms:
1. The City agrees to receive a payment in the amount of $25,000 from Utica ( "SEP funds ").
Payment of the SEP funds is expected to be made by Utica no later than June 30, 2010.
2. By accepting the SEP funds and in consideration thereof, the City agrees to the following:
(a) Within 90 days of receipt of the SEP funds, submit to CWAC a short written proposal
for the City's use of the SEP funds. The proposal shall be for the design and
construction of one or more projects on or near Sawyer Creek at Sawyer Creek Park
that meet the following criteria:
• Reduce or capture and retain stormwater runoff or floodwaters of Sawyer Creek;
• Treat or filter runoff or streamflow to remove pollutants; and
• Contribute to the aesthetic or recreational values of Sawyer Creek.
(b) Within one year of receipt of the SEP funds, and in collaboration with CWAC,
finalize and begin implementation of the selected project(s),
(c) Within 60 days of expenditure of the SEP funds or completion of the project(s),
whichever is later, submit to CWAC a final report documenting how the SEP funds
have been spent and explaining the water quality improvements expected as a result
of the project(s).
(d) At all times after receipt of the SEP funds and until submission of the final report,
make a concerted effort to keep CWAC informed of the progress of the project(s) and
to seek CWAC's involvement in major project decisions. CWAC may designate an
individual officer or member to serve as CWAC's point of contact for this agreement.
3. This agreement is contingent upon its approval by the necessary boards and/or committees,
and the Common Council of the City of Oshkosh. This agreement will be submitted by the
undersigned City representative for approval after this document is signed. The
identification of the boards and committees involved will occur when a specific project and
location is identified, but may include the Stormwater Utility Committee and the Advisory
Parks Board.
By: Rebecca Katers
Executive Director, Clean Water Action Council
of Northeastern Wisconsin, Inc.
By: Mark Rohloff
City Manager
City of Oshkosh Wisconsin
Date
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