CR 2003-076 Cooperative Agreement with Minnehaha Creek Watershed District
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".,,May 6, 2003
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Council Report 2003-076
HOPKINS
Approve Cooperative Agreement with Minnehaha Creek Watershed District
And Resolution 2003-043 Declaring the Official Intent of the
City of Hopkins to Maintain Stormwater Facilities
2003 Street and Utility Improvement Project, City Project 02-10
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Proposed Action
Staff recommends adoption of the following motion: Move that Council approve the attached
Cooperative Aqreement with Minnehaha Creek Watershed District for Stormwater Facility
Maintenance and Resolution 2003-043 Declarinq the Official Intent of the City of Hopkins to Maintain
Stormwater Structures for the 2003 Street and Utility Improvement Proiect. City Proiect 02-10
Overview
The 2003 Street and Utility Improvement project includes work on Fifth Avenue from State Trunk
-~!-lighway 7 to 3rd Street South. A portion of this work is within the jurisdiction of Minnehaha Creek
.atershed District (MCWD). A condition of approval of the Watershed district's permit is that the
City of Hopkins enters into an agreement for annual maintenance of the two catch basins within this
project, and within the boundaries of MCWD. The attached resolution declares the city's intent to
maintain these structures. Additionally the attached cooperative agreement would record the city's
intent to maintain structures covered under future MCWD permits. The MCWD encourages the use
of the cooperative agreement to formalize the maintenance responsibilities with any new permit. The
cooperative agreement is not retroactive and does not apply to any existing facilities. The agreement
only applies to new facilities permitted subsequent to approval of the cooperative agreement.
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Staff recommends approval of resolution 2003-043 declaring the intent of the City of Hopkins to
Maintain Stormwater Structures as required in the conditions of approval for MCWD permit 03-031.
Additionally Staff recommends approval of the attached Cooperative Agreement with Minnehaha
Creek Watershed District for Stormwater Facility Maintenance for future permits from MCWD.
Supporting. Information
. Cooperative Agreement
. Resolution No. 2003-043
~
. Anderson P.E., Assistant City Engineer
Financial Impact: $ Budgeted: Y/N N/A Source:
Related Documents (CIP, ERP, etc.): CIP Notes:
COOPERATIVE AGREEMENT
Between the Minnehaha Creek Watershed District
and the City of Hopkins
for Stormwater Facility Maintenance
This Cooperative Agreement is made this 6th day of May, 2003 by and between the
Minnehaha Creek Watershed District, a watershed district with purposes and powers as
set forth at Minnesota Statutes Chapters 103B and 103D ("MCWD"), and the City of
Hopkins, a body corporate and politic and a statutory city in the State of Minnesota ("The
Ci ty of Hopkins").
Recitals and Statement of Purpose
WHEREAS pursuant to authority of Minnesota Statutes S103D.345, the MCWD
implements a permitting program under which stormwater management requirements
apply to land development activities presently referenced as Rule N; and
WHEREAS The City of Hopkins is subject to those requirements; and
.
WHEREAS in order to comply with applicable MCWD requirements, a landowner
constructing stormwater management facilities is required to execute a declaration
assuming responsibility to maintain those facilities indefinitely; and
WHEREAS The City of Hopkins from time to time is subject to this requirement
pursuant to the terms of an MCWD permit; and
WHEREAS the parties concur that it is clearer and procedurally more efficient for
the MCWD and The City of Hopkins to agree at this time on the standard requirements of
stormwater facility maintenance, so that this Agreement may be referenced in MCWD
permits for future projects;
WHEREAS the parties concur that The City of Hopkins has the resources and
organizational structure necessary to carry out maintenance needs, as they become
apparent;
NOW THEREFORE the standard maintenance obligations to be assumed by The
City of Hopkins, at its own expense, are as follows:
1. The City of Hopkins shall inspect all stormwater retention and detention
ponds at least annually. Pond function will be considered inadequate if sediment
accumulation has decreased the wet storage volume by 50%, or dry detention volume by
25%. The City of Hopkins shall restore the basin to its original design elevations and
dimensions and will restore vegetation in disturbed areas within one year of the inspection
date.
Govt'/ Unit Maintenance Agreement
10-11-01
1
2. The City of Hopkins shall inspect grit chambers, sump catch basins, and sump
manholes in the spring, summer and fall, and outlet structures, culverts and other stormwater
facilities annually. Accumulated sediment and debris will be removed so that the facility
continues to operate as designed and erosion or structural problems will be corrected.
3. All streets and public ways within the City shall be swept at least twice
each year, in the spring following snowmelt and in the fall after leaf fall.
4. A brief written report, on a form provided by the District, will be prepared and
submitted to MCWD annually that describes the maintenance activities performed under this
Agreement, including dates, locations of inspection and maintenance activities performed.
5. MCWD permits for specific projects may contain additional conditions regarding
stormwater facility maintenance or other project elements as determined by the MCWD to be
appropriate pursuant to MCWD Rules.
6. Responsibilities of The City of Hopkins may be assigned to another
governmental unit on written consent of the MCWD.
7. This Agreement may be modified only by an amendment signed by the parties.
8. This Agreement shall be effective on the date of execution by the parties and shall
remain in force for five years from that date. Any obligations assumed by The City of Hopkins
before expiration of the Agreement shall survive expiration.
9. The terms of this cooperative agreement will apply only to those
stormwater facilities constructed or modified pursuant to an MCWD permit that
references this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement.
CITY OF HOPKINS
MINNEHAHA CREEK WATERSHED
DISTRICT
By
Eugene 1. Maxwell, Mayor
By
President, Board of Managers
By
Steven C. Mielke, City Manager
APPROVED AS TO FORM AND
EXECUTION
APPROVED AS TO FORM AND
EXECUTION
.
By
Its Attorney
By
Its Attorney
Govt'[ Unit Maintenance Agreement
10-11-01
2
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-043
DECLARING THE OFFICIAL INTENT OF THE CITY OF HOPKINS
TO MAINTAIN STORM WATER STRUCTURES
WHEREAS, The City of Hopkins desires to subject the 2003 Street and Utility
Improvement Project, known as City Project Number 02-10, to certain conditions and
restrictions imposed by the Minnehaha Creek Watershed District as a condition to
issuance of their Permit #03-031 for the mutual benefit of the Public.
WHEREAS, Applicant has applied for a permit from the MCWD pursuant to
MCWD Rule 8, Stormwater Management; and
WHEREAS, MCWD Rule N provides, "A maintenance agreement shall be
submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts,
outfall structures and all other stormwater facilities. This maintenance agreement shall
specify methods, schedule and responsible parties for maintenance and must include at
a minimum, the elements contained in the District's Maintenance Agreement Form."
NOW, THEREFORE:
1. The City of Hopkins shall inspect the sump catch basins, sump manholes,
outfall structures and other stormwater facilities for the project in the spring and fall of
each year. The City of Hopkins shall remove all sediment and debris during the
inspections such that the stormwater facilities operate as designed and permitted.
2. Violation of the inspection and/or maintenance provisions in the preceding
paragraph is a violation of the MCWD permit for the project for which the MCWD may
take action against Applicant.
Adopted by the City Council of the City of Hopkins, Minnesota, this 6th day of May 2003.
By
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk