Title
Sweetwater Branch/Paynes Prairie Sheetflow Restoration Project (B)
In order to proceed with the Paynes Prairie Sheetflow Restoration project, there are several agreements that must be approved between the City and various other parties. This item includes a request for the City Commission to approve Memorandums of Understanding (MOU) between (1) GRU and the General Government Stormwater Management Utility (SMU) establishing an agreed upon approach to interdepartmental sharing of the City's project costs; and (2) between the City of Gainesville and the Florida Department of Environmental Protection (FDEP) that establishes responsibilities for implementation of the project. Approval is also requested to proceed with the purchase and subsequent donation of property known as the "Edwards Tract" in exchange for easements needed to facilitate the project.
Explanation
The Florida Department of Environmental Protection (FDEP) has issued a Total Maximum Daily Load (TMDL) for Alachua Sink which requires reduction in total nitrogen discharges to Alachua Sink from all sources. Under this TMDL, GRU is required by law to reduce its nitrogen discharges to Alachua Sink from its Main Street Water Reclamation Facility. SMU is required to achieve reduction in nitrogen loading to Alachua Sink resulting from stormwater runoff from the incorporated Gainesville urban area. GRU and SMU have identified the proposed Sweetwater Branch/Paynes Prairie Sheetflow Restoration project as a means for satisfying the TMDL requirements for both GRU and SMU.
The Conceptual Plan for Paynes Prairie Sheetflow Restoration (the Plan) was presented to the City Commission on April 9, 2007, agenda item #061100. A copy of the Plan that was provided to each commissioner at that time is attached here to. The Plan was approved and staff was directed to present Memoranda of Understanding (MOU) between GRU and SMU and between the City and FDEP to the City Commission for review and approval.
The project site for the Sweetwater Branch/Paynes Prairie Sheetflow Restoration project includes property located within and adjacent to the Paynes Prairie Preserve State Park. The property located within the park is owned by Trustees and leased and managed by the FDEP. The City will be requesting that an easement be granted to facilitate the project over this area. The City desires to acquire in fee a 10.6 acre parcel of land for access and public use facilities located adjacent to the park, between the project site and Williston Road. This is part of a 25 acre parcel commonly known as the Bishop Henderson property and it is owned by Alachua County Forever.
The City will be requesting the State of Florida, Trustees grant an easement that will endure for the life of the project in order to facilitate the construction, operation and maintenance of the project facilities over the project site located within the park. In accordance with Trustees policy, a net positive benefit to the managing agency of the state lands where the land rights is being requested must be demonstrated in order for any easement rights to be granted. In order to meet this net positive benefit, SJRWMD has entered into a purchase agreement for a 276 acre tract of land located on the southern rim of Paynes Prairie, commonly referred to as the "Edwards Tract". This parcel of land is on the Paynes Prairie Preserve State Park acquisition list. The negotiated purchase price for the property is $1.5 million. Contingent upon City Commission approval, it has been agreed that SJRWMD and the City will partner to purchase 185 acres of the tract and Alachua County Forever will purchase 91 acres. It is estimated that the City's total contribution to the purchase of the Edwards Tract will not exceed $501,500.
The exchange proposal will be presented to the State of Florida Acquisition and Restoration Council (ARC) at their February 12-13, 2009 meeting in Tallahassee. The SJRWMD governing board approved their cost share participation on November 11, 2008. The Alachua County Forever purchase of 1/3 interest in the Edwards Tract is scheduled to be presented to the Alachua County Commission on January 27, 2009. Execution of the closing is subject to ARC approval, SJRWMD and City cost share participation, DEP execution of the MOU between DEP and the City, and DEP approval of the City's request for the project easement. The donation of the Edwards property to the Trustees will occur simultaneously with the procurement of the easement from DEP.
Recommendations
The City Commission: 1) Approve and authorize the General Manager and City Manager to execute an MOU allowing both GRU and SMU to fully participate in the Sweetwater Branch/Paynes Prairie Sheetflow Restoration project implementation, operation, and maintenance; and 2) Authorize the General Manager, or his designee, to negotiate and execute an MOU with FDEP that will allow for the implementation of the Sweetwater Branch/Paynes Prairie Sheetflow Restoration project; and 3) Adopt the Resolution (attached) requesting that the Trustees of the Internal Improvement Trust Fund (Trustees) grant the City of Gainesville an easement for the construction, operation, and maintenance of the Paynes Prairie Sheetflow Restoration Project; and 4)Authorize the General Manager, or his designee, to negotiate and execute a Participation Agreement with SJRWMD to jointly purchase approximately 185 acres of the "Edwards Tract" and exchange the property with Trustees for easements over the Sweetwater Branch/Paynes Prairie Sheetflow Restoration project site; and 5) Once the "Edward's Tract" is acquired, authorize the General Manager to declare the property surplus and to donate approximately 185 acres to the Trustees in exchange for all appropriate easements over the Sweetwater Branch/Paynes Prairie Sheetflow Restoration project site, as outlined in the MOU between the City and DEP; and 6) Authorize the General Manager or his designee to enter into negotiations with Alachua County to purchase or obtain easements necessary to facilitate ingress/egress and development of future public access improvements within the Alachua County Forever Bishop Henderson property; and 7)Authorize the General Manager or his designee to sign all documents necessary to affect the land acquisitions, land donations and land exchanges including but not limited to purchase and sale agreements and applications, all subject to approval by the City Attorney as to form and legality.
Fiscal Note
The total cost of the project is estimated at approximately $20 million. Funding for this request is included in the Water Wastewater Capital Improvements budget and within the Public Works Stormwater Capital Improvements budget and from grant funding and outside funding partners.
Drafter
Prepared by Ed Regan, P.E., AGM for Strategic Planning
Submitted by Robert E. Hunzinger, General Manager