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IV.6. Approve Nine Mile Cree Watershed District Stormwater Facilities Maintenance Agreement – Pavilion Addition & Renovation Project; StadlerJanuary 25, 2018 G�TY OF H4PKINs Council Report 2018-019 Approve Nine Mile Creek Watershed District Stormwater Facilities Maintenance Agreement— Pavilion Addition & Renovation project Proposed Action. . . . Staff recommends adoption of the following motion: Move that Council authorize the Mayor and City Manager to sign a maintenance agreement between the Cit� of Hopkins and the Nine Mile Creek Watershed District — Pavilion Addition & Renovation proiect. Overview. The City has received conditional approval of its stormwater management permit covering our Pavilion upgrade project. The executed maintenance agreement is a condition of our permit with the NMCWD. The agreement requires very minimal effort on the part of the city as it is limited to the maintenance of two turf infiltration areas that provide rate control and infiltration on site. Sup�or�inq Inforrn�tion. • NMCWD Conditional approval letter • NMCWD Maintenance Agreement Steve n J. Stad le r Public Works Director Financial Impact: n/a Budgeted: Y/N n/a Source: Related Documents (CIP, ERP, etc.): Notes: ' +� ' ��. �` : /1r�ILE .�:�CR�EK WATERSHED D[STRIC7 ` Nine:Ntile Creek Disco�rery Paint: 1 �S�Q Gerard arive : _ Eden Pra�rie, MN 5534� �9a2) 835-�t778 -wwvu: ninemilecreek.org ��:�� C�� ,��' � � Erit� Hur�ker S#e�e Kloiber Jadi Peterson Grace Sheety Maressia'Twele January 18, 2018 Steve Stadler City of Hopkins 1 Q841 Red Circle Drive Minnetonka,l4TN 55343 RE� Con:ditiona� Approvai of NMCVwD Permit 2U17-129: Hopkins Pav�.lion .,� 2018 , : Improvements --1100 �xcelsior Boulevard; Grading and �and alteration permit: Hopkins Dear Mr. Stadler: The Nine Mile Creek t�atershed Uistrict has re�iewed and conditionally appro�red ;the - permit application for the abov� referet�ced project. The NMCWD permit was approved, but_ not valid and issued, until compiiance with the following conditions. 1. General Conditions �. A storm water maintenance agreement prepared for approval of the I�M��D �drnia�i��-at�r, a�d executed b� the pa�-t�es a��r a�ppr�•,ral, in accordance with Rule _4.3.3. _ 3. Deduction of 78 cubic feet of volume credits from the H�pkins 8th Avenue ARTery Volume Bank. Submission of the as-builts for the ARTery bank and canfirmation of available volume must be made before Permit #2017- 129 can be issued. By accepting the permit, when issued, the applicant agrees to the following stipulations: � Per Rule 4.5.6, an: as-built drawing of the storm water facil'ities conforming to the design specifications as approved by the District must be submitted. � Per Rule l 2;4.1 b, demonstration and canfrmatian that the stormwater management facilities have been constructed or installed and are functioning:as :g P ., , ' g. ,y , desi ` ned an� erm�tked. Verification throu h dail observation logs and photographs, must be provided showing the srormwater facilitt'es used for valume retention have :drawn down within 48 hours from the completion of two {2} 1 �inch (approximatej separate rainfall`events. . The Nine Mile Creek VVatershed District will hold the permit until item 2 and 3 ar� received by the District. If you hav� any questions, please contact me at (952) 835-2078 or Bob �bermeyer, District Engineer at (9S2} 832-2857. Sincerely, ;.,�-..,-_ � �� : Randy Anh�orn District Administrator ? � �: �� . : , • �; � � r „, �,� _ �r ,r � � x w - ? „ _ �� . ,, � _ � .� _ � . �,. �, .R _.. � a _ , 7 v . �: . � � Permit #: 2�� 7-'129 Project fVame: Hopkins Pavilion — 2�18 Improvemen#s —'[ 1 QQ Excels�or Boulevard; Grading and land altera#ion perrni#: Hopkins A►ppraval Date: January 17, 2�18 �eneral Pravisions I. All temporary erosion c�ntr�l measures shown on the erosion and sedimentation control plans must be installed prior to commencernent of surface or vegetatian alteration and be maintained until completion of construction and vegetation is established as determined by NMCWD, If siit fence is used, the bot�om flap must be buried and the rnaximum allowable spacing between posts is 4-foot on cenfer. All posts must be either 2-lllCil X 2-inch pine, hardwood, or steel fence posts. If hay bales are used, all b�.les mus� be staked in place and relnforced on the downstream side with snow fence. 2. All areas al�ered because of eonstruction must be restored with seed and disced mulch, sod, wood �ber blanket, or be hard surfaced within twa weeks after completion of land alterati+�n and no Iater than the end of the permit period. 3. Upon finai stabilization, the �ermit appiicant is responsible for the removal of all erosion control measures installed throughout the project site. 4. At the entryway onto the site, a rock �lter dike being a minimum of two feet in height and having maximurn side slopes of 4:I must be constructed. This rock filter dike will enable construc�ian traffic to enter the site and also provide an erosion control facility. S. If dewatering is required and sump pumps are used, all pumped water must be discharged through an erosion contral facility prior to leaving the construction site. Praper energ� dissipa.tion must be provided at the outlet of the pump systern. b. The NMCt�VD must be natified a minirr�um of 48 hours priar to commencement of constructian. 7. The NM�WD, its officers, employees �.nd agents review, comment upon, and approve plans and specificatians prepared by permit applicants and their consultants for �he limited admir�istrative purpose of determining whether there is reasonable assurance that the propos�d project will comply with the r�gulations and criteria of the NNiC�VD. The determination af the NMCWD tha.t issuance of this permit is appropriate vvas made in reliance on the information provid�d by the applicant. 8. The grant of this permit shall not in any way relieve the perrnittee, its engineer, or oth�r professianal consultants of responsibility, nor shall it make the NMCVVD responsible for the technical adequacy of the engineer's or consultant's work. The grant af this permit shall not relieve the permittee from complying with all conditions and requirernents of the permit which shall be retained by the permi�tee with the permit. 9. The issue of this permit does not convey any property rights in eith�r real or personal property, or any exclusive privileges, nor does it authorize any injury to private properfy or any invasion of personal rights, nor any infringement of federal, state, or local laws ar regulations. � 0, This permit is permissive only. No liability shall be imposed upon the NMCVVD or any of its � officers, agents or employees, officially or personally, an account of the granting af this permi� or an account of any damage to any persan or properfiy resulting from any act ar omission of the pernlittee or any of its agents, emplayees, or contractors. l 1. In all cases where the doing by the permittee of anything aufhorized by this permit shall involve the taking, using, or damaging af any properCy, righ�s ar in�erests of any other person or persons, or af any publicly-owned lands or improvements or in�erests, the permittee, before proceeding fiherewith, shall obtain the written consent of all persons, agencies, or au�horities concerned, and shall ac�uire all necessary propei-t�, rights, and interest. ;� I 2. The permit is transferable only with the approval af the NMCWD (see NMCWD Rule 1.0). The permittee shall make no changes, without written permission previously obtained from the NIVICWD, in the dimensions, capacity, or location of any items of work authorized by this permit. � 3. The permittee shall grant access to the site at all reasonable times during and after construetion to authorized representatives of the NMC�VD for inspec�ion of the work authorized by this permit. t4. This permit may be �erminated by the NMCVUD at any time deemed necessary in the interest of public health and welfare, or for viotation of any of the provisions of this permit. I5. Construction work authorized under thrs perrnit shall be completed on ar before date speci�ed above. �'he permittee rnay, in writing, request that the NMC�iD exfiend the time to complete the project in accordance with NMCWD Rule 1.0. MAINTENANCE AGREEM�NT Between Nine Mile Creek Watershed District and City of Hopkins This maintenance agreement is made by and between the Nine Mile Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters lo3B and lo3D (NMCWD), and the City of Hopkins, a statutory city and body corporate and politic of the State of Minnesota (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes sections lo3D.39.1 and io3D•345� NMCWD has ado ted and im lements the Wetlands Mana ement �ule, Stormwater p p g Management Ru1e and the Waterbody Crossings and Structures Ru1e; WHEREAS under the Stormwater Management Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the �andowner's perpetual obligation to inspect and maintain stormwater-management facillties; WHEREAS 1n each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the NMCWD; WHEREAS in accordance with the NMCWD rules and as a condition of permit 2017-129, the City's perpetual obligation to maintain stormwater management facilities must be memorialized 1n a maintenance agreement specifying requirements and res�rictions; WHEREAS City and the NMCWD execute thls agreement to fu1fi11 the condition of permit no. Zol�-129 and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and NMCWD agree as follows that City, at its cost, will inspect and maintain the stormwater facilities as shown in the site plan attached to and lncorporated into this agreement as Exhibit A in perpetuity as follows: 1. Stormwater Facilities. The stormwater management facilities shown and labeled in Attachment A must be maintained as follows: A. All stormwater retention, detention and treatment basins must be inspected at least � once a year to determine that basin retentlon and treatment characteristics are adequate. A storage treatment basin wi11 be considered inadequate if sediment has decreased the wet storage volume by 5o percent or dry storage volume by Z5 percent of its original design volume. Based on this inspection, if a stormwater basin requires sediment cleanout, the basin will be restored to its original design contours and vegetated state within one year of the inspection date. A 1og of the dates, conditions and results of the inspections conducted in accordance with the schedule, as we11 as corrective actions talzen to response to inspection results and results of corrective actions taken, must kept onsite and made available to the District and its designated agents with reasonable notice during normal business hours. B. Volume control facilities and contributing drainage areas must be inspected every three months during the operational period (between spring snowmelt and first substantial snowfall) and monitored after rainfall events of 1 inch or more to ensure that the contributing dralnage area is clear of litter and debris, inflow pipes and overflotiv spillways are clear, inlet areas are clean, undesirable vegetation is removed and there is no erosion lmpairing or threatening to impair the function of a facility. If sediment has accumulated in a infiltration feature, within 3o days of inspection deposited sediments must be removed, the infiltration capacity of the underlying soils rnust be restored, and any surface disturbance must be stabillzed. Inspection must ensure that sediment traps and forebays are trapping sediment and that more than 5o percent of the storage volume remains, the contributing drainage area is stable (i.e., no erosion is observed), and inlets and outlet/overflow spillways are in good conditlons ,with no eros�ion. Maintenance techniques used must protect the infiltration capacity of the practice by limiting soil compaction to the greatest extent possible (e.g., by using low-impact earth-moving equipment). C. Swales and pervious areas must be preserved in perpetulty in a pervious, vegetated state. D. Grit chambers, su�np catch basins, sump manholes, outlet structures, culverts, outfall structures and otherstormwater factltties forwhich maintenance requirements are not otherwise speci led herein must be inspected in the spring, summer and fall of each year. Withln 3o days of the lnspection date, all accumulated sediment and debris must be removed such that each stormwater facility operates as designed and permitted. Contributing drainage areas must be kept clear of litter and vegetative debris, inflow pipes and overflow spillways 1�ept clear, inlet areas kept clean, and undeslrable vegetation re�noved. Eroslon impairing the ftx.nctlon or integrity of the facilities, 1f any, will be corrected, and any structural damage impairing or threatening to impair the function of the facilities must be repaired. z. Reporting. City w111 submit to the NMCWD annually a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspectlons and the maintenance activ�tles performed. 3. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this agreement, it wi11 require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this agreement; and (b) that recordation occur either NMCWD 2 Maintenance Agreement before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration wi11 run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this agreement, it will require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this agreement. q.. This Agreement may be amended only in a wrlting signed by the parties. 5. The recitals above are incorporated as a part of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement. NINE MILE CREEK �N'ATERSHED DISTRICT By President, Board of Managers Cl� Of Cl� By: Its Mayor By: Its Administrator Date: Date: Date o - NMCWD 3 Maintenance Agreement . — EXHIBIT A Scaled Site Plan � �.�� r�:s� � � -�- ,�. �� r�� +�r�r� ��. �cm� a.et: �E..� ��tr� �nFr a� �ti.�, I�lfILT�3�11� 9�d.i��lE �3'{� Gf. FiJt�i+�3i� %E,�,i�� INFIIf��t� RAIE �4� �,�, �i�FY E��IN �OiT39�i �� TN �F ��—p�C�IE;. � �t�1E ��F�+pl ,% �FL1��Tt��d ��4�t�, �taTTt�ri ELF'd. 9t1..�, fr�f'�tLtt�' l�,iTiEf E1.E'�: �1�.� t►�FIL1�++11� ��L�f�E �� t#'r �N�� ►6�E� tWFILT�,�'�� R��IE ��5 l�,�� FY �.�N �077�� fi� �EF�TH �F ��--l�C�IES. �. �RAGI#�� U�1T� , �. �ifil�k'+A� �`��lE. LT:�£�Nl�; ,:�._ . _ �sr�x E�-'�R� �'�'t ar�A'r�i� x - f'K4t+� S�'�'! aL"�fih�« �� I�NI' �� E�S tqp�'IFI�� 1� I��1LTl�,Tt�l�. C�6�4P,��`i1�N �� Q1��1�9� �1� H� �E��S� IN�I�fi�A�� 1�r, ��'��i+a� ��1��ila� �Ittz; �� f�4� ��'��I�U� � 1�� ,uru � �� a�u � �� - a� �� ,); NMCWD q. Maintenance Agreement