IV.6. Approve Nine Mile Creek Watershed District Stormwater Facilities Maintenance Agreement – Pickleball Courts project; StadlerApril 12, 2018
CITY OF
y�PKINS
Council Report 2018-049
Approve Nine Mile Creek Watershed District Stormwater Facilities Maintenance
Agreement— Pickleball Courts project
Pro osed Action.
Staff recommends adoption of the following motion: Move that Council authorize
the Mavor and City Manaqer to siqn a maintenance apreement between the_C�
of Hopkins and the Nine Mile Creek Watershed District — Pickleball Courts
rp oject•
Overview.
The City has received conditional approval of its stormwater management permit
covering our Pickleball Courts construction 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 finro turf infiltration areas that provide rate control and infiltration
on site, plus periodic inspection and sediment and debris removal.
Su��ortinca Information.
• NMCWD Conditional approval letter
• NMCWD Maintenance Agreement
�
\
Steven J. Stadler
Public Works Director
Financiallmpact: n/a Budgeted:
Related Documents (CIP, ERP, etc.)
Notes:
Y/N n/a Source:
/
/
� MIi.E
CREEK
WATERSHED
DISTRICT
Nine Mile Creek Disoovery Point
12800 Gerard Drive
Eden Prairie, MN 55346
(952) 835-2Q78
www. nin emi lecreek, org
Erin Hunker
Steve Kloiber
Jodi Peterson
Grace Sheely
Maressia Twele
March 22, 201$
Steve Stadler
City of Hapkins
I 1100 Excelsior Blvd
Hopkins, MN 55343
RE: Conditional Appro�al of NMCWD Permit 2018-19: Central Pickleball Courts —
101 16`�' Avenue South; Grading and land alteration permit: Hopkins
Dear Mr. Stadler:
The Nine Mile Creek Watershed District has reviewed and conditionally approved the
permit application for the above referenced project. The NMCWD permit was approved,
but not valid and.issued, until compliance with the following conditions.
2.
General Conditions
A storm water maintenance agreement prepared for appro�al of the
NMCWD administrator, and executed by the parties after approval, in
accordance with Ru1e 4.3.3.
3. Verification that a debris has been not encountered in the test pits excavated
at the initial stages of construction. If debris is encountered, the required
1,089 cubic feet of volume retention will be debited from banked credits
established by the City of Hopkins 8"' Avenue ARTery project. SubmittaJ of
the Stormwater Volume Retention Bank BiIJ of Sale/Transfer form will be
required.
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 facilities conforming
to the design specifications as approved by the District must be submitted.
'I'he Nine Mile Creek Watershed District will hold the permit until items 2 and 3 is received
by the District. if you have any questions, please contact me at (952) 835-2078 or Bob
Obermeyer, District Engineer at (952) 832-2857.
Sincerely,
�-. /,
Y'' Y."I I
,. �-�� _ rr� ;
. �,
Randy Anhorn
District Administrator
. ..t'r; l.r:!€i!ipl�, �_:Lrt LrEd.!u.il lil:':iE.i-1:.liL'C' ��`°'
Permit #: 2018-19
ProJect Name: Central Pickleball Courts — 901 16'h Ave South; Grading and land alteration permit: Hopkins
Approval Date: March 22, 2018
General Provisions
1. All temporary erosion control measures shown on the erosion and sedimentation control plans must
be installed prior to commencemeni of surface or vegetation alteration and be maintained until
completion of construction and vegetation is established as determined by NMCWD.
If silt fence is used, the bottom flap must be buried and the maximum allowable spacing between
posts is 4-foot on center. Atl posts must be either 2-inch x 2-inch pine, hardwood, or steel fence
posts. If hay bales are used, all bales must be staked in place and reinforced on the downstream side
with snow fence.
2. All areas altered because of construction must be restored with seed and disced mulch, sod, wood
fcber blankek, or be hard surfaced within two weeks after completion of land alteration and no later
than the end of the permit period,
3. Upon final stabilization, the permit applicant is responsible for the removal of all erosion control
measures installed throughout the project site.
4. At the entryway onto the site, a rock filter dike being a minimum of two feet in height and having
maximum side slopes of 4:1 must be cons#ruc#ed. This rock filter dike will enable construction traffic
to enter the site and also provide an erosion control facility.
5. If dewatering is required and sump pumps are used, all pumped water must be discharged through an
erosion control facility prior to leaving the construction site. Proper energy dissipation must be
provided a# the outlet of the pump system.
6. The NMCWD must be notified a minimum of 48 hours prior to commencement of construction.
7. The NMCWD, its officers, emplayees and agents review, comment upon, and approve plans and
speciitcatians prepared by permit applicants and their consultants for the limited administrative
purpose of determining whether there is reasonable assurance that the proposed projeci will comply
with the regulations and criteria of the NMCWD. The determination of the NMCWD that issuance of
this permit is appropriate was made in reliance on the information provided by the applicant.
8. The grant ofthis permit shall not in any way relieve the permittee, its engineer, or other professional
consultants of responsibility, nor shall it make the NMCWD responsible for the technical adequacy of
the engineer's or consultant's work. The grant of this permit shall not relieve the permittee from
complying with all conditions and requirements of the permit which shall be retained by the permittee
with the permit.
9. The issue of this permit does not convey any properiy rights in either real or personal properiy, or any
exclusive privi leges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of federal, state, or local laws or regulations.
] 0, This permit is permissive only. No liability shall be imposed upon the NMCWD or any of its
officers, agents or employees, officially or personally, on account of the granting of this permit or on
account of any damage to any person or property resulting from any act or omission of the permittee
or any of its agents, employees, or contractors.
11. In al l cases where the doing by the permittee of anything authorized by this permit shall involve the
taking, using, or damaging of any property, rights or interests of any other person or persons, or of
any publicly-owned lands or improvements or interests, the permittee, before proceeding therewith,
shall obtain the written consent of a!l persons, agencies, or authorities concerned, and shall acquire all
necessary property, rights, and interest.
12. The permit is transferable only wi#h the approval of the NMCWD (see NMCWD Rule 1.0). The
permittee shall make no changes, without written permission previously obtained from the NMCWD,
in the dimensions, capacity, or location of any items of work authorized by this permit.
13. The permittee shall grant access to the site at all reasonable times during and aiier construction to
authorized representatives of the NMCWD for inspection of the work authorized by this permit.
14. This permit may be terminated by the NMCWD at any time deemed necessary in the interest of
public health and welfare, or for violation of any of the provisions of this permit.
15. Canstruction work authorized under this permit shall be completed on or before date specified above.
The permittee may, in writing, request that the NMCWD extend the time to complete the project in
accordance with NMCWD Rule 1.0.
2
MAINTENANCE AGREEMENT
Between Nine Mile Creek Watershed District and
The City of Hopkins, MN
For the Pickleball Courts at Central Park Project
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 io3B and io3D (NMCWD), and The City of Hopkins, MN (City).
Recitals and Statement of Purpose
WHEREAS pursuant to Minnesota Statutes sections io3D.34i and io3D•345�
NMCWD has adopted and implements the Stormwater Management Rule;
WHEREAS under the Stormwater Management Rule, certain land development
activity triggers the requirement that the landowner record a declaration establishing the
landowner's perpetual obligation to inspect and maintain stormwater-management
facilities;
WHEREAS in 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
zoi8-i9, the City's perpetual obligation to maintain stormwater management facilities
must be memorialized in a maintenance agreement specifying requirements and
restrictions;
WHEREAS City and the NMCWD execute this agreement to fulfill the condition of
permit no. aoi8-ig, 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 shown in the site plan attached to and
incorporated into this agreement as Exhibit A in perpetuity as follows:
i. Stormwater Facilities. The stormwater management facilities shown and labeled in
Attachment A must be maintained as follows:
A. All stormwater retention and treatment basins must be inspected at least once a
year to determine that basin retention and treatment characteristics are adequate.
A storage treatment basin will be considered inadequate if sediment has decreased
the wet storage volume by 5o percent or dry storage volume by a5 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 log of the dates,
conditions and results of the inspections conducted in accordance with the
schedule, as well as corrective actions taken 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 i inch or more to
ensure that the contributing drainage area is clear of litter and debris, inflow pipes
and overflow spillways are clear, inlet areas are clean, undesirable vegetation is
removed and there is no erosion impairing 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 must be restored, and any surface disturbance must be stabilized.
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 conditions with no erosion. 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).
i. In addition, rain gardens must be kept clean of excess sediment and debris.
Healthy plant growth must be maintained in rain gardens by removing dead
vegetation in the spring of each year, and the top two to five inches of inedia
must be removed and replaced every three to five years so as not to impede
filtration of sediment and oils.
C. Swales and pervious areas must be preserved in perpetuity in a pervious, vegetated
state.
D. Outlet structure and other stormwater facilities for which maintenance
requirements are not otherwise specified herein must be inspected in the spring,
summer and fall of each year. Within 3o days of the inspection 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 kept
clear, inlet areas kept clean, and undesirable vegetation removed. Erosion
impairing the function or integrity of the facilities, if any, will be corrected, and
any structural damage impairing or threatening to impair the function of the
facilities must be repaired.
a. Reporting. City will submit to the NMCWD annually a brief written report that
describes stormwater facility maintenance activities performed under this declaration,
including dates, locations of inspections and the maintenance activities performed.
Maintenance Agreement z NMCWD Permit No. aoi8-i9
Between NMCWD and
the City of Hopkins
3. Property Transfer. If City conveys into private ownership a fee interest in the
property that is the subject of this agreement, it will 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
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 will 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.
4. This Agreement may be amended only in a writing 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 WATERSHED DISTRICT
By
President, Board of Managers
City of Hopkins
By:
Its Mayor
By:
Its Administrator
Maintenance Agreement
Between NMCWD and
the City of Hopkins
Date:
Date:
Date:
NMCWD Permit No. zoi8-i9
ATTACHMENT A
Scaled Site Plan
Maintenance Agreement 4 NMCWD Permit No. aoi8-i9
Between NMCWD and
the City of Hopkins
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