IV.3. Approval of Cooperative Agreement between the City of Hopkins and Nine Mile Creek Watershed District for Central Park Improvements; Krzos
CITY OF HOPKINS
City Council Report 2025-159
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Ryan Krzos, City Planner
Date: November 18, 2025
Subject: Cooperative Agreement between the City of Hopkins and Nine Mile Creek
Watershed District for Central Park Improvements
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO enter into a cooperative agreement between the City of Hopkins and Nine
Mile Creek Watershed District for Central Park stormwater and flood-storage
improvements.
OVERVIEW
At the August 4, 2025 City Council Meeting, the Council ordered the Hopkins Central Park
project. Staff have worked with Nine Mile Creek Water District (NMCWD) staff to draft a
cooperative agreement for project support and funding from NMCWD in a not to exceed
amount of $1.5 million. The NMCWD funding contribution is for design and construction
of the project, and is contingent upon completion of major project elements, including:
• a sunken soccer field designed to store rainfall during high intensity storms.
• a dry creek bed to improve site drainage and replicate creek headwaters.
• green infrastructure to treat stormwater runoff and improve water quality and
climate resiliency
• vegetated natural areas to convert underutilized turf to biodiverse native vegetation
The attached agreement was reviewed by the City Attorney. The agreement will expire
three years from full execution, at which time all major project elements are expected to
be substantially constructed and established. This cooperative agreement is for design
and construction of the major project elements.
The watershed staff and board expressed early interest in partnering or assisting the City
with native vegetation management at the park. That may involve developing specific
guides and training for public works staff, or leading/partnering on contracted
maintenance. The arrangement would be outlined in an Operating and Maintenance
Agreement, which would be prepared and brought to the Council at a later date.
SUPPORTING INFORMATION
• Cooperative Agreement between the City of Hopkins and Nine Mile Creek Watershed
District for Central Park stormwater and flood-storage improvements
Planning & Development
November 6, 2025 Cooperative Agreement for
1 Hopkins Central Park Features
Cooperative Agreement
City of Hopkins and
Nine Mile Creek Watershed District
Hopkins Central Park Project
This agreement is made by and between the City of Hopkins (Hopkins), a home rule
charter city under article XII, section 4, of the Minnesota Constitution, and Nine Mile Creek
Watershed District (NMCWD), a special purpose unit of local government with powers set forth
in Minnesota Statutes chapters 103B and 103D, to specify NMCWD support for beyond-
compliance management of stormwater runoff and expansion of flood storage as part of the
redevelopment of Central Park in Hopkins.
Recitals and Statement of Purpose
Whereas in 2024 Hopkins initiated efforts to undertake a major reconstruction of its
Central Park, a 20.7-acre recreational area bordering the headwaters of Nine Mile Creek at
Excelsior Boulevard and 13th Avenue South, within the jurisdictional boundaries of each of
NMCWD and Hopkins (the Park Redevelopment);
Whereas pursuant to Minnesota Statutes sections 103D.341 and .345, NMCWD has duly
adopted regulatory requirements for stormwater management and retention of flood-storage
capacity that would be applicable to the Park Redevelopment;
Whereas in accordance with Minnesota Statutes section 103B.231, NMCWD has a duly
adopted watershed-management plan, and the watershed plan includes a capital improvements
program;
Whereas NMCWD and Hopkins have a shared interest in improving water quality in the
creek and taking affirmative steps to mitigate, in advance, the risk of flooding to property and
persons;
Whereas NMCWD has studied and continues to study flooding conditions in the
watershed, and has identified the need to create and expand storage for floodwaters throughout
the watershed;
Whereas NMCWD has completed modeling and analysis needed to cost-effectively
develop and assess large-scale flooding risk-reduction projects;
Whereas on February 6, 2025, NMCWD and Hopkins entered into a cooperative
agreement to assess the feasibility of undertaking, as part of the Park Redevelopment, beyond-
compliance stormwater-management and flood risk-reduction efforts, as well as the possibility of
creating a new headwaters for Nine Mile Creek that would provide access to waters in an area of
Hopkins that has few natural resources, and the parties, pursuant to the cooperative agreement,
collaboratively developed concepts for significant stormwater-management and flood-storage
features that could be incorporated into the Park Redevelopment including:
• a sunken soccer field designed to store rainfall during high-intensity storms;
• a dry creek bed to improve site drainage and replicate creek headwaters;
• green infrastructure to treat stormwater runoff and improve water quality and the
site’s climate resiliency; and
• vegetated natural areas to convert underutilized turf to biodiverse native vegetation
November 6, 2025 Cooperative Agreement for
2 Hopkins Central Park Features
(altogether, the “Hopkins Central Park Project” or “Project”; each bulleted item above is referred
to herein as an “Element” of the Project).
Whereas having completed the review-and-comment process required by Minnesota
Statutes section 103B.231, subdivision 11, and having conducted a public hearing at which no
comments were offered, NMCWD adopted on April 16, 2025, an amendment to its watershed-
management plan that incorporated implementation of stormwater-management and flood-
storage improvements to Central Park into its capital improvements program with an estimated
contribution from NMCWD of $1 million;
Whereas based on review of conceptual designs, NMCWD staff estimates that the
Hopkins Central Park Project will create up to 20 acre-feet in flood-storage volume, with a 20
percent reduction in peak flows in Nine Mile Creek downstream of the park for the 100-year storm
event and expected removals of 23 pounds of phosphorus and 4,600 pounds of total suspended
solids annually from site runoff, improving water quality at the headwaters of Nine Mile Creek,
along with improved access to natural areas and enhanced habitat;
Whereas at its August 7, 2025, workshop, the NMCWD Board of Managers authorized
Barr Engineering, the NMCWD engineer, to contract with Hopkins for the design and
specification of the Park Redevelopment and Hopkins Central Park Project, and authorized the
NMCWD regulatory program manager to serve as the primary regulatory reviewer for the Park
Redevelopment, with technical and analytical support from Barr Engineering staff other than
those working on the Hopkins projects, of Hopkins’ permit application for the Park
Redevelopment to establish beyond-compliance performance and associated costs;
Whereas Hopkins obtained $4.9 million in state grant funding for climate resiliency for
the Hopkins Central Park Project and is seeking, in collaboration with NMCWD, additional grant
funding, and NMCWD is seeking state Watershed-Based Implementation Funding;
Whereas after holding a duly noticed public hearing, at which no comments were
received, the NMCWD Board of Managers ordered the Hopkins Central Park Project at its regular
meeting of September 18, 2025, with a contribution of NMCWD-levied funds not to exceed $1.5
million, reflecting updated data and estimates regarding costs of soil removal and stormwater
infrastructure required for the Project; and
Whereas Hopkins and NMCWD are authorized by Minnesota Statutes section 471.59 to
enter into this cooperative agreement.
Now, therefore, in consideration of the foregoing recitals, which are incorporated into
and made a part of this agreement, and other good and valuable consideration, Hopkins and
NMCWD enter into this cooperative agreement to document their understanding as to the scope
of the Hopkins Central Park Project, affirm their commitments as to responsibility for tasks to be
undertaken, grant property rights as necessary, establish procedures for performing these tasks
and fulfilling responsibilities, and facilitate communication and cooperation to ensure successful
completion of the Hopkins Central Park Project to improve water quality in Nine Mile Creek and
reduce risk of flooding in the city and watershed.
1 DEVELOPMENT AND IMPLEMENTATION OF THE HOPKINS CENTRAL PARK PROJECT
A. Project design and specification. Hopkins will contract with a qualified engineering
consultant and other professionals, as necessary, for the preparation of a final design, plans
November 6, 2025 Cooperative Agreement for
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and specifications for the implementation of the Project, providing for, at a minimum,
implementation of each Element. Hopkins will submit the 90 percent-complete design and
plans for the Project to NMCWD for review and approval in accordance with paragraph 3A
of this agreement. The design, plans and specifications will provide clear delineation of each
Element, separate from the Park Redevelopment.
B. Land-use rights. As between the parties, Hopkins will obtain all property-access and -use
rights necessary for completion of the Project and will grant to NMCWD an ongoing and
perpetual right to monitor and inspect the Project.
C. Implementation of the Project. On NMCWD’s approval of the design and plans as provided
in paragraph 3A herein and completion of the necessary specifications by the Hopkins
engineer, Hopkins will contract, in accordance with applicable public procurement law, for
implementation of the Project in accordance with the approved design and plans. In
contracting for conduct of the Project, Hopkins will require that:
i. The contractor name NMCWD as an additional insured for general liability with
primary and noncontributory coverage and provide a certificate showing same prior to
start of construction.
ii. The contractor indemnify, defend and hold harmless NMCWD, its officers, employees
and agents from any and all actions, costs, damages and liabilities of any nature arising
from the contractor’s negligent or otherwise wrongful act or omission, or breach of a
specific contractual duty, or a subcontractor’s negligent or otherwise wrongful act or
omission, or breach of a specific contractual duty owed by the contractor to Hopkins.
iii. The contractor extend its duty of care and all warranties under the agreement to
NMCWD.
iv. The contractor secure necessary regulatory approvals and conduct all work for the Park
Redevelopment in accordance with all applicable laws and regulatory requirements,
including but not limited to compliance with NMCWD rules and permitting
requirements and requirements necessary to obtain letters of liability assurances as
applicable from state voluntary contaminated-site cleanup programs.
v. The contractor or Hopkins engineer, at Hopkins’s direction, complete a certificate of
substantial completion for and create as-built survey drawings of the Project. Hopkins
will timely provide a copy of a certificate of substantial completion and as-built
drawings to NMCWD.
D. Either Hopkins or the Hopkins project engineer on Hopkins’s behalf will provide
construction oversight for and otherwise oversee implementation of the Project. Hopkins
may adjust the design, plans and specifications for the Project during implementation, as
long as any material revisions are made only in consultation with NMCWD.
E. Hopkins will permit NMCWD representatives to enter Central Park at reasonable times to
inspect the Project work, ensure compliance with this agreement and assess the
construction or performance of the Project. If NMCWD finds that an obligation under this
agreement is not being met, it will provide 30 days’ written notice and opportunity to cure,
and thereafter may declare this agreement void.
November 6, 2025 Cooperative Agreement for
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F. Until substantial completion of the Project for the purposes intended, if Hopkins, in its
judgment, should decide that the Project is infeasible, Hopkins, at its option, may declare
the agreement rescinded and annulled.
G. Maintenance planning and implementation. The parties will collaborate on the development
and implementation of a maintenance plan for the Project as follows:
i. Hopkins will contract for the development, in collaboration with NMCWD, of specific
written procedures and protocols for maintenance and monitoring of the performance
of the Project (the Maintenance Plan). The Maintenance Plan will provide, at a
minimum, for maintenance of Project vegetation.
Hopkins, or Hopkins’ project engineer on Hopkins’s behalf, will submit the final draft
Maintenance Plan for NMCWD’s review and approval in accordance with paragraph 3B
herein.
ii. Hopkins will complete or contract for the completion of routine maintenance of the
Project in accordance with the Maintenance Plan, after approval pursuant to paragraphs
1G and 3B herein, providing maintenance of the flood-storage Element of the Project for
a minimum of 50 years from the date of substantial completion and a minimum of 20
years from the date of substantial completion for the stormwater-management features,
vegetation and green infrastructure Elements of the Project.
H. Education and outreach, publicity and endorsement. NMCWD and Hopkins will collaborate
on development and production of outreach, education and publicity materials regarding
the Project. Hopkins and NMCWD will collaborate on the development of educational and
informational signage pertinent to the Project, and either party, at its cost, may develop,
produce and distribute educational, outreach and publicity materials related to the Project,
and may install, maintain, replace or remove signage in Central Park related to the Project.
All such signage and materials, whether produced by Hopkins or NMCWD, will include
acknowledgement of the funding and participation of the other party in the Project and of
any grant funding received for the Project, including. For purposes of this paragraph,
“publicity” includes notices, informational printed materials, press releases, research
reports, signs and other public notices, whether electronic or printed.
2 HOPKINS’S FURTHER RIGHTS AND RESPONSIBILITIES
A. As between the parties and with the support of NMCWD as stated in paragraph 3E herein,
Hopkins will obtain all permits, licenses and approvals, and will ensure that the Project is
completed in accordance with applicable law and regulatory standards and criteria,
including but not limited to compliance with NMCWD rules and permitting requirements,
and requirements necessary to obtain letters of liability assurances as applicable from state
voluntary contaminated-site cleanup programs.
B. In selecting a contractor or contractors for the Park Redevelopment and the Project,
Hopkins will ensure that no person is excluded from full employment rights or participation
in or benefits of any program, service, or activity on the grounds of race, color, creed,
religion, age, sex, disability, marital status, sexual orientation, public-assistance status or
national origin, and that no person protected by applicable federal or state laws, rules or
regulations against discrimination is subject to discrimination.
November 6, 2025 Cooperative Agreement for
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C. Hopkins makes no warranty to NMCWD regarding the Hopkins project engineer’s or
another third party’s performance in design, construction or construction management for
the Project.
D. Hopkins must retain a copy of the design, plans, specifications and other records concerning
the Project for six years from the date Hopkins completes the Project. NMCWD may
examine, audit or copy any such records on reasonable notice to Hopkins.
E. Ownership of the Project. As between the parties, ownership of all equipment and materials
installed on and incorporated into Central Park for the Project will remain vested in
Hopkins.
3 NMCWD’S FURTHER RIGHTS AND RESPONSIBILITIES
A. NMCWD will have 15 business days after receipt to review and approve the 90 percent-
complete design and plans for the Project provided in accordance with subsection 1A herein.
The design and plans, when approved by NMCWD pursuant to this paragraph 3A, will be
incorporated into and become a term of this agreement. Failure by NMCWD to act within
the specified time will constitute approval of the design and plans. In the event NMCWD
disapproves of the design and plans, this agreement will terminate, and Hopkins will
determine whether to proceed with the Project at its own expense or not.
B. In addition to its right to consult on the development of the Maintenance Plan, NMCWD
will have 60 days from receipt to review and approve the final draft Maintenance Plan
submitted in accordance with paragraph 1G herein. Failure to act within the specified time
will constitute approval. NMCWD’s approvals under this agreement will not be
unreasonably withheld.
C. NMCWD may conduct data-collection and analysis on the performance of the Project.
D. NMCWD will cooperate with and support Hopkins’ and its contractor’s efforts to obtain
permits and approvals needed for the Project. NMCWD, in its regulatory capacity, will
facilitate the proper and efficient processing of any permits and approvals needed for the
Project. NMCWD will cooperate with Hopkins in all communications and outreach to
property owners and others affected by or interested in the Project, and will support to the
best of its ability and capacity Hopkins’ grant-related compliance and reporting
requirements.
4 COSTS AND COMPLIANCE CREDIT
A. Except as specifically provided in this section, each of the parties will bear the costs of
enforcing its rights and fulfilling its responsibilities under this agreement, including
monitoring the effectiveness of the Project for the intended purposes, as well as incidental
costs. And in the event of cancellation of the agreement in accordance with its terms, the
parties will bear all costs incurred by each of them prior to such cancellation.
B. Hopkins will be responsible for all costs of design, specification, construction and
construction oversight for, and maintenance of the Project, for costs of development and
implementation of the Maintenance Plan, and for costs of regulatory compliance, except
that NMCWD will reimburse Hopkins a total of not to exceed $1.5 million of Project costs
in accordance with the following:
November 6, 2025 Cooperative Agreement for
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i. On NMCWD’s approval of the 90 percent-complete design and plans for the Project in
accordance with paragraph 1A and 3a herein, Hopkins will submit documentation of
payment of the costs of the 90 percent-complete design and plans to NMCWD (the
Design Costs). Within 35 days of approval by NMCWD of the submitted documentation
of the Design Costs, which approval will not be unreasonably withheld, NMCWD will
reimburse Hopkins for 50 percent of the Design Costs, less such amounts as NMCWD
determines are attributable to the costs of compliance with NMCWD regulatory
requirements applicable to the Park Redevelopment.
ii. On substantial completion of construction of an Element of the Project, Hopkins will
submit to NMCWD a description of any changes made to the approved design and plans
for the Project during construction and any changes made during construction to the
design and plans for components the Park Redevelopment necessary for compliance
with NMCWD regulatory requirements, along with documentation of payment of
Project costs incurred and as-built drawings of the Project (altogether, the Project
Documentation). Within 60 days of receipt of the Project Documentation for an
Element, NMCWD will either approve the Project Documentation or communicate any
objections or request for further documentation. Within 35 days of either approval of
the Project Documentation or receipt and approval of additional documentation
requested by NMCWD, NMCWD will reimburse Hopkins for 50 percent of documented
costs of specification, construction and construction oversight of the Project, less such
amounts as NMCWD determines are attributable to the costs of compliance with
NMCWD regulatory requirements applicable to the Park Redevelopment.
iii. After substantial completion of an Element of the Project, Hopkins may submit
documentation of additional Project costs incurred, along with such additional
documentation as NMCWD may reasonably request, to NMCWD for reimbursement in
accordance with the schedule and framework provided in subsection 4B.ii herein.
C. In the event Hopkins determines that major maintenance or repair of the Project is
necessary to ensure continued functionality and performance for the intended purposes,
NMCWD will in good faith consider contribution of funding for such major maintenance
or repair.
i. “Major maintenance or repair,” as used herein, is defined as activities not encompassed
within the scope of ongoing routine maintenance and repair as specified in the
Maintenance Plan.
D. NMCWD will charge Hopkins no fees for NMCWD permitting and regulatory requirements
applicable to the Park Redevelopment and Project.
E. NMCWD has determined that partial performance of obligations under section 1 of this
agreement may confer no or limited benefit on NMCWD. As a result:
i. NMCWD may withhold 10 percent of any reimbursement due under the terms of this
agreement until NMCWD has confirmed substantial completion of the Project; and
ii. if construction of all Elements of the Project is not substantially completed in material
conformance with the approved design and plans within three years of the date the
agreement is fully executed, subject to delays outside of Hopkins’ control, NMCWD will
not be obligated to provide any reimbursement otherwise remaining due to Hopkins
under this agreement and may declare this agreement rescinded and no longer of effect.
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Notwithstanding, the parties will consult before NMCWD denies reimbursement or
rescinds the agreement.
F. Grant funding secured by NMCWD for the Project will not increase NMCWD’s contribution
to the costs of the Project under the terms of the agreement. NMCWD will be responsible
for the costs of reporting and other compliance with requirements of grants secured by and
issued to NMCWD for the Project.
G. Hopkins will contribute the property-access and -use rights necessary for the Project.
H. Hopkins may utilize data collected by either of the parties under the terms of this agreement
for purposes of demonstration of compliance with regulatory requirements applicable to
Hopkins. Hopkins may apply any and all credit generated by the Project toward obligations,
goals and requirements imposed on Hopkins by state or federal regulatory programs, such
as the National Pollutant Discharge Elimination System.
5 GENERAL TERMS
A. INDEPENDENT RELATIONSHIP; LIABILITY. This agreement does not create a joint powers board
or organization within the meaning of Minnesota Statutes section 471.59. Each party agrees
that it will be responsible only for its own acts and the results thereof to the extent
authorized by the law and will not be responsible for the acts or omissions of the other party
and the results thereof. The duty of each party to indemnify does not constitute and will
not be construed as a waiver by either entity of any exemptions, immunities, or limitations
on liability provided by law or of being treated as a single governmental unit as provided in
Minnesota Statutes section 471.59, subdivision 1a.Only contractual remedies are available
for the failure of a party to fulfill the terms of this agreement. This agreement creates no
right in and waives no immunity, defense or liability limitation with respect to any third
party. As between the parties, only contract remedies are available for a breach of this
agreement.
Hopkins and NMCWD enter this agreement solely for the purposes expressly stated herein.
Accordingly, with respect to any and all activity undertaken pursuant to this agreement.
Hopkins and NMCWD each agree to hold the other harmless, and defend and indemnify
the other, its officers, employees and agents against all claims, damages, liabilities, losses
and expenses asserted against the other party at any time by a third party, including any
governmental body.
To the fullest extent permitted by law, this agreement and the activities carried out
hereunder are intended to be and will be construed as a “cooperative activity” and in
undertaking the activities Hopkins and NMCWD are a “single governmental unit” for the
purposes of liability, as set forth in Minnesota Statutes section 471.59, subdivision 1a.
NMCWD does not have, has not had, and will not be deemed to have acquired by entry into
or performance under this agreement, any form of interest or ownership in or to any portion
of Central Park. NMCWD does not exercise, has not exercised, and will not by entry into or
performance under this agreement be deemed to have exercised, any form of control over
the use, operation or management of any portion of Central Park such as would render
NMCWD a potentially responsible party for any contamination under state or federal law.
B. REMEDIES; IMMUNITIES; WAIVER. Only contractual remedies are available for a party’s failure
to fulfill the terms of this agreement. Notwithstanding any other term of this agreement,
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NMCWD and Hopkins waive no immunities in tort. No action or inaction of a party under
this agreement creates a duty of care for the benefit of any third party and this agreement
creates no right in and waives no immunity, defense or liability limitation with respect to
any third party.
Waiver by Hopkins or NMCWD of any breach or failure to comply with any provision of
this agreement by the other party will not be construed as nor will it constitute a continuing
waiver of such provision or a waiver of any other breach of or failure to comply with any
other provision of this agreement.
C. EFFECTIVE DATE; TERMINATION; SURVIVAL OF OBLIGATIONS. This agreement is effective when
fully executed by the parties and expires three years thereafter. All obligations that have
come into being before termination, specifically including obligations under paragraphs
1G.ii, 2D and 5D, will survive expiration.
This agreement will remain effective when fully executed and will remain in force for four
years from the date of complete execution, unless terminated by mutual agreement of the
parties or otherwise in accordance with the terms of this agreement. Any right,
responsibility or obligation that has come into being before expiration will survive
expiration.
D. DATA MANAGEMENT; DATA PRACTICES. All designs, written materials, technical data, research
or any other work-in-progress will be shared between the parties to this agreement on
request, except as prohibited by law. As soon as practicable, the party preparing plans,
specifications, contractual documents, materials for public communication or education
will provide them to the other party for recordkeeping and other necessary purposes. All
data created, collected, received, maintained or disseminated for any purpose in the course
of this agreement are governed by the Minnesota Data Practices Act, Minnesota Statutes
chapter 13, and any state rules adopted to implement the act, as well as federal regulations
on data privacy.
E. NOTICES. The parties designate the following authorized representatives to serve as the
liaison to the other party for purposes of coordination of all work involved in or related to
the Project as provided in this agreement. Any written communication required under this
agreement will be addressed to the other party as follows, except that either party may
change its address for notice by so notifying the other party in writing:
Hopkins NMCWD
City Planner Administrator
1010 1st Street South 12800 Gerard Drive
Hopkins, MN 55343 Eden Prairie, MN 55346
rkrzos@hopkinsmn.com esniegowski@ninemilecreek.org
952-548-6342 952-835-2078
F. VENUE AND JURISDICTION. The agreement will be construed under and governed by the laws
of the State of Minnesota. The appropriate venue and jurisdiction for any legal action
hereunder will be in Hennepin County District Court, Minnesota.
G. COMPLETE AGREEMENT. This agreement, as it may be amended in writing, constitutes the
entire agreement between the parties for the Project. Any amendment to this agreement
must be in writing and will not be effective until it has been executed and approved by the
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same parties who executed and approved the original agreement or their successors in
office.
Intending to be bound, the parties hereto execute and deliver this agreement.
City of Hopkins
_______________________________
Patrick Hanlon, Mayor
Date: ______________________________
_______________________________
Mike Mornson, City Manager
Date: ______________________________
Approved as to form & execution:
_____________________________
Hopkins attorney
Nine Mile Creek Watershed District
_______________________________
Larry Olson, President
Date: ______________________________
Approved as to form & execution:
_____________________________
NMCWD attorney