Title
An Ordinance approving a Right-of-Entry Agreement between the City of Lee’s Summit, Missouri, and the United States Army Corps of Engineers to enter upon property for survey and exploration, and authorizing the Mayor to execute the same. (PWC 8/12/24)
Body
Issue/Request:
An Ordinance approving a Right-of-Entry Agreement between the City of Lee’s Summit, Missouri, and the United States Army Corps of Engineers to enter upon property for survey and exploration, and authorizing the Mayor to execute the same.
Key Issues:
• Pursuant to Ordinance No. 9508, the City entered into an Intergovernmental Agreement with the Mid-America Regional Council (MARC) to complete the Little Blue Watershed Feasibility study
• The United States Army Corps of Engineers (USACE) is working with MARC as the lead agency for the watershed study
• The scope of work includes developing proposed projects to improve stream ecosystems and mitigate flood risks within the City of Lee’s Summit
• USACE desires access for engineering surveys and site visits on property owned by the City of Lee’s Summit to complete field investigations necessary for the study
• The City and the United States Army Corps of Engineers desire to enter into a right-of-entry agreement.
Proposed Committee Motion:
I move to recommend to the City Council approval of an Ordinance approving a Right-of-Entry Agreement between the City of Lee’s Summit, Missouri, and the United States Army Corps of Engineers to enter upon property for survey and exploration, and authorizing the Mayor to execute the same.
Proposed City Council Motion:
FIRST MOTION: I move for a second reading of an Ordinance approving a Right-of-Entry Agreement between the City of Lee’s Summit, Missouri, and the United States Army Corps of Engineers to enter upon property for survey and exploration, and authorizing the Mayor to execute the same.
SECOND MOTION: I move for adoption of an Ordinance approving a Right-of-Entry Agreement between the City of Lee’s Summit, Missouri, and the United States Army Corps of Engineers to enter upon property for survey and exploration, and authorizing the Mayor to execute the same.
Background:
The last USACE planning study for the Little Blue River watershed was completed in 1966. That study led to much of the flood control project(s) in the watershed; such as constructing Longview Lake and Dam, Blue Springs Lake and Dam, and levees along portions of the Little Blue River. That study is now obsolete due to the significant changes in land use in the area and more accurate local data relate to topography and rainfall. These changes are evidenced by recurring flooding issues within the basin.
USACE and the local agencies recognize that a best practice to manage stormwater is to manage the entire watershed instead of subdividing into small parcels divided by city limit lines or private parcel boundaries. Rain and flooding follow the watershed, and flooding issues in one community may be inadvertently affected by actions taken outside that community.
Discussion among USACE and the local communities regarding this study began in 2021. At that time, the Mid-America Regional Council (MARC) was facilitating the initial conversations. The local agencies unanimously agreed to have MARC coordinate the project. USACE will manage the project, provide technical expertise, and conduct the watershed analyses.
The study will specifically address flood mitigation and stormwater quality. The study will provide a comprehensive master plan for the watershed that would identify potential flood mitigation projects in the Little Blue River watershed. The goal is to identify projects that would be beneficial to the entire watershed with no adverse effects to other communities.
The project is moving from the conceptual study phase into economic analyses and property impact phase. This phase required USACE staff to conduct field visits to verify aerial imagery, observe stream ecosystems, identify potential issues, and get “eyes on” streams to see potential issues first-hand.
USACE will be seeking permission to access both public and private properties within Lee’s Summit. USACE staff will handle communications with property owners and execute agreements for access. USACE will send letters to private property owners similar to the sample letter attached to this packet. This agreement will authorize USACE staff to access property owned by the City on the condition of proper coordination with City staff prior to access. This agreement USACE is an intergovernmental agreement that requires the Council approval, and the Mayor’s signature, in accordance the City’s charter.
Impact/Analysis:
If not approved, USACE will not be able to field verify accuracy, nor identify issues, necessary to complete an accurate watershed study.
Timeline:
Now through September 2024
Other Information/Unique Characteristics:
Presenter
George Binger, City Engineer
Recommendation
Staff recommends approval.
Committee Recommendation: The Public Works Committee voted unanimously 4-0, to recommend to City Council approval of an Ordinance approving a Right-of-Entry Agreement between the City of Lee’s Summit, Missouri, and the United States Army Corps of Engineers to enter upon property for survey and exploration, and authorizing the Mayor to execute the same.