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CR 10-093 Cooperative Agreement - Minnehaha Creek Watershed DistrictGITY OF September 3, 2010 N o P K I N s Council Report 2010-093 COOPERATIVE AGREEMENT — MINNEHAHA CREEK WATERSHED DISTRICT Propo ed Action Staff recommends adoption of the following motion: Move to approve the Cooperative Agreement between the Minnehaha Creek Watershed District and the City of Hopkins for the Cottageville Park Storm Water Management and Park Improvement Project and the Memorandum of Understanding for Corridor Planning for the Minnehaha Creek Corridor. With this motion, the agreements will be executed. It is understood that minor modifications can be made that do not affect the overall intent. Overview In May 2009, the City of Hopkins adopted a small area plan for the Blake Road Corridor in order to guide redevelopment. One of the recommendations of the plan was to enhance and connect green and open spaces. The implementation strategies to achieve this goal include property acquisition south of the existing Cottageville Park to connect more fully to Minnehaha Creek. City staff has been in discussions with the Minnehaha Watershed District regarding a collaborative effort to achieve our mutual goals around this strategy. The opportunity to purchase a key parcel, 427/429 Blake Road, presented itself and the Minnehaha Watershed District and the City of Hopkins entered into the option agreement to purchase the property. It was done with the understanding that he MCWD would acquire the property and the City would make and maintain the storm water improvements on the property, as well as expand on our planning work to incorporate a greater vision for the Creek. The agreement addresses these expectations of the MCWD. The funds for the City of Hopkins share of the storm water improvements would be paid from the storm water utility fund. Primary Issues to Consider What are the terms of the agreement? Supportina Information • Cooperative Agreement between the Minnehaha Creek Watershed District and the City of Hopkins for the Cottageville Park Storm Water Management and Park Improvement Project • Memorandum of Understanding for Corridor Planning for the Minnehaha Creek Corridor n erum of Planning & Cevelopment Financial Impact: $300,000 (plus design and maint costs) Budgeted: No Source: Storm Water Utility Fund Related Documents (CIP, ERP, etc.): Council Report 2010-093 Page 2 Analysis of the Issues ■ What are the terms of the agreement? The agreement contains provisions in areas of storm water management improvements, park improvements and planning efforts. The specifics are as follows: If the MCWD elects to purchase 427-429 Blake Road, the City of Hopkins agrees to: ■ Design, construct and maintain storm water management facilities conforming to the criteria in exhibit A, provided the MCWD gives the City the necessary easement to do so. ■ Accept a pollutant load reduction credit of 32%, allocated to the City based on our financial contribution to the costs of storm water management improvements. ■ Allow the MCWD input into the design of the park improvements as they related to water resource restoration, enhancement and protection. ■ Use our land use powers to avoid siting the Metropolitan Council lift station in areas deemed unacceptable to Hopkins or the MCWD. ■ Approve a Memorandum of Understanding that outlines the objectives and collaboration related to additional planning and implementation of an expanded 40 vision for Minnehaha Creek. The approval of the MOU is included in this action. It is a non-binding expression of interest and can be terminated at anytime. Alternatives The Council has the following options regarding this issue: ■ Authorize the execution of the Cooperative Agreement, as proposed. ■ Recommend changes to the agreement. ■ Elect not to enter into an agreement at this time. This option will likely result in the MCWD not purchasing the property at 427-429 Blake Road. FINAL DRAFT 8-25-10 COOPERATIVE AGREEMENT Minnehaha Creek Watershed District and City of Hopkins Cottageville Park Stormwater Management and Park Improvement Project This Cooperative Agreement ("Agreement") is made between the Minnehaha Creek Watershed District (MCWD), a watershed district and political subdivision with powers at Minnesota Statutes Chapters 103B and 103D, and the City of Hopkins ("Hopkins"), a home rule charter city of the State of Minnesota (together, the "parties"). Recitals and Statement of Purpose WHEREAS the Minnehaha Creek corridor has sustained damage to its water quality, channel stability, habitat and public use opportunities as the result of decades of urban development, urban stormwater discharges and adjacent urban uses; WHEREAS market forces, public investments and other external sources prompt and are expected to continue to prompt evolution of current land use, development and redevelopment along the corridor; WHEREAS Hopkins has a strong interest in supporting and facilitating current use, development and redevelopment that promote the social, economic and environmental well-being of its residents and the broader community; WHEREAS coordination between the parties, and among the parties and other public and private stakeholders, can enhance the social, economic and environmental vitality of the corridor cost-effectively and further the goals and purposes of the parties; WHEREAS in furtherance of the parties' objectives, the parties have entered into the Option Agreement identified and defined in Paragraph 7 of this Agreement; WHEREAS the parties acknowledge that their ability to achieve these objectives depends on each parry satisfactorily and promptly performing individual obligations and working cooperatively with the other parry in accordance with the terms and conditions stated in this Agreement; THEREFORE the parties enter into this Agreement to document the scope of work to be undertaken and the responsibilities assumed by each parry; establish procedures for carrying out these responsibilities; and facilitate communication and cooperation between the parties for the successful completion of the work encompassed by the Agreement; and THEREFORE the parties further agree that this Agreement is made for mutual valuable consideration and is legally binding on them pursuant to the terms herein. FINAL DRAFT 8-25-10 Agreement Relation of the Parties 1. This Agreement provides for the coordination of independent activities by the parties related to the proposed acquisition of the Property pursuant to the Option Agreement (as those terms are defined in Paragraph 7), the development or improvement of that Property according to the provisions of this Agreement, and related cooperation for municipal and watershed goals as described herein, and does not provide for a joining of powers. The governing body of each party will retain its authority to direct the activities for which that party is responsible. Neither party is responsible for the acts or omissions of the other within the meaning of Minnesota Statutes §471.59, subdivision 1a. 2. All notices or other communications under this Agreement shall be in writing and shall be deemed to have been delivered on receipt in hand, by fax or electronically at the addresses stated below, namely: MCWD Mark Ten Eyck Land Conservation Program Manager MCWD 18202 Minnetonka Boulevard Deephaven MN 55391 952-471-0590 ext. 202 mteneyckna minnehahacreek.org Hopkins Kersten Elverum Director of Planning 1010 First Street South Hopkins, MN 55343 kelverumnhopkinsmn.com Either party may change its addresses for notice purposes by written notice to the other party given as provided above. 3. The parties will cooperate to develop and carry out a plan for proper and effective communications with affected landowners and the broader public related to the subject matter of this Agreement. 4. Each parry will bear the cost of carrying out its tasks and responsibilities under this Agreement, except as otherwise expressly provided in this Agreement. 2 FINAL DRAFT 8-25-10 5. MCWD approval of a stormwater facility or park improvement design under this Agreement is not an engineering certification of the design. The MCWD specifically disclaims any warranties or representations relative to the design or functionality of such improvements. The MCWD has no authority to select, or role in selecting, the means, method or manner of performing any of the work or the person or firm who will perform the work and is not liable for any amounts owed to such persons or firms. Any MCWD right to review or approve a design, work in progress or constructed improvement under this Agreement is solely for the MCWD's own purpose of ensuring that its public water resource goals are met and accounting for funds expended. 6. Hopkins will indemnify, defend and hold harmless the MCWD, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature to the degree they are the result of any action or inaction by Hopkins or its contractor that is the basis for Hopkins' or its contractor's liability in law or equity, including but not limited to ordinary negligence. The MCWD will indemnify, defend and hold harmless Hopkins, its officers, council members, employees and agents, from any and all actions, costs, damages and liabilities of any nature to the degree they are the result of any action or inaction by the MCWD that is the basis for the MCWD's liability in law or equity, including but not limited to any claims arising out of the Option Agreement. Notwithstanding the foregoing or any other term of this Agreement, neither the MCWD nor Hopkins waives immunity in tort. This Agreement creates no right in and waives no immunity, defense or liability limit with respect to any third party. Real Estate Acquisition 7. In accordance with the provision of that certain Memorandum Agreement by and between Hopkins and the MCWD dated June 14, 2010 (the "Memorandum Agreement"), Hopkins hereby assigns to MC" all rights it possesses as Optionee under that certain Option Agreement dated June 16, 2010, and all amendments thereto, by and among Nemar Properties, LLC; Hopkins, and the MCWD for the purchase of 427-429 Blake Road (the "Option Agreement"). The real property located at 427-429 Blake Road that is the subject of the Option Agreement is herein referred to as the "Property". If and to the extent necessary, Hopkins will cooperate with the MCWD in connection with the exercise of all rights, responsibilities and remedies of Optionee under the Option Agreement; provided, however, Hopkins' liability for costs and expenses in connection with the Option Agreement incurred or arising prior to the date hereof shall be limited by and allocated in accordance with the provisions of the Memorandum Agreement. Paragraphs 1, 2 and 3 of the Memorandum Agreement are incorporated in this Agreement by reference and shall remain in effect in all of their terms, covenants and conditions. 8. This Agreement does not obligate the MCWD to exercise the option for acquisition of the Property. From and after the date hereof, the MCWD may exercise its rights and responsibilities as Optionee under the Option Agreement in its sole discretion and as it determines appropriate. The MCWD will promptly advise Hopkins of its decisions and actions as Optionee and will notify Hopkins of a) its FINAL DRAFT 8-25-10 election to exercise the option to purchase the Property, or b) the termination of the Option Agreement and election by MCWD not to exercise its option to purchase the Property. 9. The parties' obligations and undertakings under the succeeding paragraphs of this Agreement are subject to and contingent upon the MCWD acquiring the Property pursuant to the Option Agreement. If the MCWD does not acquire the Property pursuant to the Option Agreement, Paragraphs 10-29 of this Agreement shall become null and void and shall have no further force or effect. Stormwater ManaLyement Imurovements 10. If the MCWD acquires the Property and conveys or unconditionally agrees to convey the Easement (defined in Paragraph 12) to Hopkins, Hopkins will design, construct and maintain stormwater management facilities conforming to the siting, performance, vegetation and maintenance criteria contained in Exhibit A to this Agreement, attached and incorporated herein. The stormwater management facilities to be designed, constructed and maintained by Hopkins in accordance with the terms and conditions of this Agreement are herein referred to as the "Stormwater Management Facilities." 11. Within 180 days following MCWD's closing on the Property, Hopkins will transmit to the MCWD preliminary plans for the Stormwater Management Facilities. The Stormwater Management Facilities may be sited on one or more parcels owned by Hopkins including the Cottageville Park property and any other property on which Hopkins has acquired, or is committed to acquiring, the property interest to support the improvements; or on the Property. The parties will consult and cooperate in Hopkins' development of the preliminary plan. 12. The MCWD will convey to Hopkins, at no cost, temporary and perpetual easements on the Property sufficient for construction and maintenance of stormwater management facilities conforming to Exhibit A and approved by the MCWD pursuant to this Agreement (the "Easement"). Notwithstanding, (a) Hopkins will conduct construction staging and stockpiling to the extent feasible on property other than the Property and (b) construction limits on the Property will be defined to minimize tree, vegetation and soil damage. Hopkins will perform the work in accordance with all applicable permits and approvals, including those of the MCWD. The MCWD in the easement may place terms on the performance of the work in order to protect its proprietary and water resource interests, provided they do not render the work unfeasible or significantly increase its cost. 13. Hopkins will exercise reasonable diligence to timely produce final design plans and specifications, as well as facility and vegetation management plans, for the Stormwater Management Facilities, for MCWD review and approval. MCWD approval will be based on the criteria in Exhibit A and will not be unreasonably withheld. Specifically, if the final design plans and specifications for the Stormwater Management Facilities are in conformity with the preliminary plans submitted under .19 FINAL DRAFT 8-25-10 Paragraph 11 and the criteria in Exhibit A, the MCWD shall reasonably grant approval of such plans and specifications. 14. On MCWD approval under the preceding paragraph 13 and the conveyance of or unconditional agreement to convey the Easement to Hopkins, Hopkins will retain a contractor to promptly and diligently construct the Stormwater Management Facilities substantially in accordance with the approved design and all applicable permits, approvals, rules, environmental review and other legal requirements, including those of the MCWD. To the extent work will occur on MCWD property, the MCWD may require that Hopkins include in the construction contract or otherwise provide reasonable protections for the MCWD as to potential liabilities resulting from construction and maintenance of the facilities that may include, but are not limited to, insurance coverage and indemnification requirements, as well as vegetation warranties. To the extent of its authority under applicable bidding law, Hopkins will work with the MCWD to incorporate and apply criteria to ensure the selected contractor is qualified to successfully implement any specialized designs or methods. 15. Hopkins will notify the MCWD of construction meetings, which the MCWD may attend. Hopkins may issue change orders and work change directives for the work, subject to MCWD concurrence in any change that materially modifies either the Stormwater Management Facilities approved by MCWD or any element of the contract providing protection for the MCWD as described in the preceding paragraph 14. Hopkins will notify the MCWD of proposed change orders and work change directives and provide the MCWD at least two full business days to review and respond. If a proposed change order or work change directive requires city council approval, Hopkins will provide such notice at least two business days before city council consideration. Where MCWD concurrence is required, the MCWD will respond within two business days of a written request for concurrence accompanied by adequate documentation of the proposed change. A response may state the need for additional time, if MCWD concurrence requires Board approval or specific engineering review is needed. In such a case, the MCWD will exercise good faith and diligence to respond as quickly as possible consistent with the contract(s) entered into by Hopkins for the construction of the Stormwater Management Facilities. Change order and work change directive concurrence may be exercised by MCWD staff provided the design as revised conforms with Exhibit A. 16. Hopkins will notify the MCWD within a reasonable time of the substantial completion of the Stormwater Management Facilities. At the earliest mutual opportunity, the MCWD will accompany Hopkins on the walk-through and identification of remaining work items. Within 20 days of walk-through, the MCWD will provide concurrence in conformance to design plans and specifications or specify deviations. If the MCWD specifies deviations in the Stormwater Management Facilities that are not in substantial compliance with the approved plans and specifications therefor, the parties will work together to determine remaining work required and how it will be accomplished. Hopkins will provide the MCWD with a full set of record drawings for the stormwater management improvements. 5 FINAL DRAFT 8-25-10 17. Hopkins will maintain the Stormwater Management Facilities in perpetuity in accordance with the facility and vegetation management plans approved by the MCWD. If the MCWD finds that facility or vegetation management is not meeting requirements of such management plans, it will provide Hopkins written notification describing the deficiency and, at the request of either party, the parties will meet promptly. Hopkins may cure such a facility maintenance deficiency within 30 days of the notification or meeting, or within such other time as the parties may agree; and may cure a vegetation maintenance deficiency by October 15 following the next full growing season after the notification or meeting, or within such other time as the parties may agree. If at that time the MC" finds that the deficiency has not been cured, it may assume responsibility for maintenance of the facilities and/or native vegetation, with reimbursement by Hopkins for MCWD contract costs incurred. If the MC" does not exercise this right, Hopkins' maintenance responsibility and its responsibility for maintenance costs will remain undiminished. 18. The parties will collaborate with respect to signage and other public information relating to the facilities. Each parry retains the right to install and maintain signage or otherwise engage in any public informational effort with respect to its property, but will consult with the other party. Any public materials will acknowledge the shared participation of the parties in the project. 19. With the input of the MCWD and Hopkins engineers, the MCWD Board of Managers will determine the pollutant load reduction resulting from the project. On the basis of relative contributions to the costs of stormwater management improvements as reviewed by the parties, the MCWD will receive credit for 68 percent, and Hopkins will receive credit for 32 percent, of the pollutant load reduction for the purpose of meeting load allocations in the MCWD's watershed plan as well as any other water quality -related purpose. Park Improvements 20. Hopkins intends to undertake recreational, park or other improvements to and the reconfiguration or expansion of Cottageville Park at its discretion and sole cost in conjunction with the acquisition of the Easement and design and construction of the Stormwater Management Facilities. MCWD may approve the siting of park improvements on the Property and shall convey easement rights to Hopkins consistent with its approval. MCWD approval will be on the basis of the water resource impacts of the park improvements, the potential for other uses of the Property consistent with MCWD's statutory purposes, possible MCWD liabilities and other relevant considerations. 21. Park improvements on the Cottageville Park property and any adjacent properties Hopkins may acquire have a primary purpose of serving recreational needs for the community. The MCWD will cooperate with Hopkins on the design and construction of any park improvements. For park improvements on Hopkins property, MCWD staff will have authority to approve the preliminary or concept plans for the park improvements with respect to water resource aspects of the design, including but not limited to stormwater impacts, tree preservation and design for Cel FINAL DRAFT 8-25-10 public education on water resource features of the site. Aside from orderly review and permitting under its rules, the MCWD will not have authority to approve the final plans and specifications for the park improvements on Hopkins property, provided such final plans and specifications are in conformity with the preliminary plans or concept plans for the park improvements approved by MCWD. The MCWD recognizes that the park improvements are intended, among other things, to serve specific recreational needs of the community. Hopkins recognizes the importance of meeting identified recreation needs in a way that supports and does not interfere with the District's surface and groundwater protection goals. The parties agree to work together and collaboratively to allow Hopkins to produce a park design that will integrate and knit together areas of active recreation, stormwater facilities, and protected vegetation and riparian areas to meet recreational needs in a way that provides for both active and passive recreation; meets MCWD goals for water resource restoration, enhancement and protection; and brings the public into productive and learning contact with water resource and conservation features. Metropolitan Council Lift Station 22. The parties will cooperate to engage the Metropolitan Council in its project to relocate and reconstruct its Blake Road sanitary lift station. The parties' goal will be to establish a lift station location, design and construction schedule consistent with their water resource and park interests. 23. Hopkins will use its powers including its land use authorities to avoid a lift station siting deemed unacceptable to Hopkins or the MCWD, to distance the site from the creek, and to provide for spill protection and other risk reducing features to be incorporated into the design. Further Collaboration 24. The parties will collaborate closely during design of the stormwater management facility and park improvements described in this Agreement. Hopkins will initiate or continue design efforts on these improvements on execution of this Agreement, in order to produce, without compromising the November 30, 2012 date for substantial completion of the Stormwater Management Facilities, a design that best integrates the public goals of the parties for the contiguous area comprising the Cottageville Park parcel, Property, and any other parcels in which Hopkins has acquired or is to acquire sufficient property rights. In a writing signed by both parties, and an amendment to this Agreement if necessary, the parties may adjust the design of the stormwater management facility improvements to incorporate trails or other park features and otherwise to advance the parties' mutual goals. 25. Hopkins and the MCWD agree that collaboration can result in expanded public benefits in realms of economic and housing redevelopment, public facilities and water resource protection and conservation. The parties will jointly review and build on the adopted Hopkins small -area plan encompassing the project area in order to develop a long-range redevelopment plan for an appropriately delineated area identified cooperatively. For the purpose of developing this plan, the parties commit 7 FINAL DRAFT 8-25-10 to work collaboratively and diligently to achieve, by September 9, 2010, governing body approval of a document that contains the following: a. A mutual statement of redevelopment goals; b. Identification and assessment of potentially applicable redevelopment tools including but not limited to land use powers, regulatory powers, redevelopment powers, property acquisition funds and powers, and revenue mechanisms; c. A review of opportunities for third -parry participation, including but not limited to housing and redevelopment authorities, private landowners and stakeholders, and other municipalities along the Minnehaha Creek corridor; and d. Identification of further steps needed to complete a redevelopment implementation plan and a plan and schedule to complete those steps. The parties will cooperate to complete the redevelopment implementation plan. The parties will retain consultants, commission studies and otherwise apply resources that they mutually determine are needed to ensure a sound and feasible plan that has community support. Costs, data ownership and other considerations related to this work will be negotiated between the parties in accordance with the relation the work in question bears to the purposes and roles of each parry. 26. Neither parry is committing to any specific role or responsibility under a redevelopment implementation plan by signing this Agreement. The outcome of the parties' effort under paragraph 25 will be a separate agreement allocating roles and responsibilities under the implementation plan, and that will be subject to approval by each parry's governing body. Remedies and Termination 27. Subject to the contingencies and conditions stated above, Hopkins will substantially complete the Stormwater Management Facilities by November 30, 2012. 28. Only contractual remedies are available for the failure of a parry to fulfill the terms of this Agreement. The parties agree that the MCWD's acquisition of the Property, its assumption of relocation, demolition and other costs related to 427-429 Blake Road, and the acquisition of the Easement by Hopkins constitutes valuable consideration for the Stormwater Management Facilities. If the Stormwater Management Facilities are not completed by Hopkins in accordance with this Agreement, the MCWD may have, at its election, the contractual remedy of specific performance requiring that Hopkins fully perform its obligations under this Agreement. 29. This Agreement is effective when fully executed by the parties and expires five years thereafter. All obligations that have come into being before expiration, specifically including but not limited to obligations under paragraphs 6 and 17, shall survive expiration. FINAL DRAFT 8-25-10 INTENDING TO BE BOUND, MINNEHAHA CREEK WATERSHED DISTRICT James Calkins, President Approved for Form and Execution: MCWD Counsel CITY OF HOPKINS By: Its: By: Its: 601 Hopkins — MCWD Cooperative Agreement EXHIBIT A STORMWATER FACILITY STANDARDS: Stormwater facilities located on the 427-429 Blake Road Property (the "MCWD Property") and contiguous parcels owned by the City of Hopkins or in which it has acquired easement rights, designed and constructed by the City of Hopkins shall generally conform to the performance standards of the September 8, 2009 SEH Concept Plan. These facilities shall provide water quality (phosphorus load reduction), water quantity (runoff volume reduction) and runoff rate control for 32.48 acres of residential and commercial land in the City of Hopkins, identified by the City of Hopkins and SEH as subwatersheds EE -1 (1.19 acres), EE -2 (9.65 acres), EH -1 (3.13 acres), EH -2 (2.7 acres), EH -3 (4.04 acres), EK -1 (0.48 acres), EK -2 (11.29 acres). Stormwater facilities are to be designed and constructed to treat the 32.48 acre tributary drainage area and shall: (a) provide at least 17 lbs/year of phosphorus load reduction, (b) reduce runoff rates to the extent feasible and in no case increase runoff rates above existing rates for the 1, 10 and 100 year design storm events and (c) provide maximum amount of runoff volume reduction feasible based on site specific conditions such as groundwater elevation, hydrologic soil groups etc. Pre-treatment shall be included for stormwater facilities in accordance with the Minnesota Stormwater Manual. Design performance of facilities shall be documented through the use of appropriate hydraulic, hydrologic and pollutant load modeling. Modeling will be based on the 2030 buildout for the drainage area, presuming that water quality, peak flow and volume for new development and redevelopment will be managed consistent with present Hopkins and MCWD permitting standards. Modeling and design of stormwater facilities on site should incorporate the following recommendations outlined in the February 10, 2010 memorandum from Wenck Associates to the Minnehaha Creek Watershed District: "Evaluation of Conceptual Stormwater Routing Plans for Cottageville Park on Blake Road in Hopkins" (attached). Adjustments to modeling: • Use more recent precipitation and temperature files, and increase the number of runs from 1 to 3. • Change the filtration efficiency for soluble fraction (PO) from 90% to 0% to reflect that soluble phosphorus will be passing through the system untreated. • Reduce pond volumes to reflect the likely limit in pond depth and maintain existing footprint for conceptual plan. Original depths were about 2.2 to 2.3, revised pond depths should be set to 1.8 feet to accommodate an underdrain system. Conceptual Alternative Design: • Characterize local groundwater elevation & soils prior to design. • Add pretreatment with a forebay or proprietary device, this will also reduce maintenance activities. • Use engineered filtration media to promote filtration, enhance plant rooting depth, increase evapotranspiration. • Consider assisted filtration by adding iron filings or an alternative to target removal of soluble phosphorus. Consider making this a demonstration project, by adding iron filings to one of the two ponds and measuring load reductions in both ponds. Some alternative routing scenarios would be necessary if this option is selected. • Design the biofiltration systems with underdrains. • Consider addition of a shallow profile stormwater collection/ passive irrigation system to the garden area (or two garden areas). This could be in -lieu of one of the ponds, or to treat additional drainage area. Consider making the garden a native plant showcase and adding educational or community outreach elements. The additional cost for passive irrigation in an area about the size of the planned garden -oval is about $160,000. The volume mitigation is equivalent to the 0.7 inch storm which corresponds to 50% P removal capacity, and 80- 90 % of storms. This can also serve as a demonstration for future multipurpose public land use projects. • Add monitoring to gauge effectiveness of demonstration projects. Bypass winter and early spring wet weather and large storm events to avoid impacts of road salt and large storms. • Disconnect Pond A and B, as the treatment train will do nothing but hydraulically overload Pond B. • Review updated MCWD XP-SWMM Model of the Creek to make additional recommendations. • Add educational kiosks. • The bio -filtration area EK -1 should be expanded to treat the 1.25 inch event Bring existing Interceptor Crossing into compliance with the MCWD Waterbody Crossing Rule. Stormwater facilities may not include design features or management practices that unduly restrict groundwater flow through the site. VEGETATION STANDARDS: Native vegetation shall be planted and maintained in all bioretention basins such that a minimum of 95% native species cover and a maximum of 5% invasive species cover is retained. Vegetative Performance Standards: • Year 1 (first full growing season after construction): Seedlings of at least 4 native species shall be widely dispersed through the bioretention basins. No areas of bare soil larger than 16 square feet shall exist. There shall be no more than 5% total coverage of exotic, non-native, or invasive vegetation (such as cattail). • Year 2 (second full growing season after construction): The bioretention basins shall contain at least 30% of all species contained in the specified seed mixture. No areas of bare soil larger than 9 square feet shall exist. There shall be no more than 5% total coverage of exotic, non-native or invasive vegetation. • Subsequent years after Year 2: The bioretention basins shall have a minimum of 95% cover of native, non-invasive vegetation and shall contain at least 40% of all species in the specified seed mix. No areas of bare soil larger than 4 square feet shall exist. There shall be less than 5% total coverage of exotic, non-native, or invasive vegetation. ECOLOGICAL RESTORATION & SECONDARY OBJECTIVES: In addition to achieving the above water quality, water quantity and rate control standards, design of the stormwater facilities on site should, as feasible, accommodate concurrent or future integration of broader ecological concerns, passive recreation and trails, active recreation and public education opportunities. The 75 foot average buffer may include the native planting areas within the rain water gardens and may include a pedestrian trail and at least one access point to the creek as shown in the concept plans prepared by the City. Any temporary excavations within the buffer area will have adequate erosion protection and shall be restored in a timely fashion. Stormwater facilities and the 75 foot creek buffer shall be planted and maintained with native vegetation suited to the site and anticipated soil moisture conditions. Design of stormwater facilities on site will conform to a tree preservation plan prepared by the MCWD after site inspection and consultation between the MCWD and Hopkins. MAINTENANCE: Maintenance terms described in this exhibit will be incorporated in recorded perpetual instruments (easement for the MCWD Property, declaration for Hopkins parcels). STORMWATER FACILITIES MAINTENANCE When construction is complete, Hopkins will perform an as -built topographic survey of the stormwater facilities. Bottom sediment elevations are to be observed annually and measured every 3 years to monitor sedimentation. When half of the as -built volume has been displaced with sediment, the basin shall be excavated and rebuilt to its design depth. Hopkins shall perform annual inspections of stormwater facilities, stormsewer pipes and side slopes. Maintenance is required to remove trash and debris, and to repair eroded side slopes. Bioretention basins are to be inspected annually and after significant storms. The length of time required for a basin full of water to completely drain should be no more than 48 hours. If a basin does not drain at this rate, maintenance is required. Any proprietary devices shall be inspected and maintained in accordance with manufacturer instructions. Hopkins shall keep records of inspections and maintenance performed. VEGETATION MAINTENANCE Native vegetation shall be planted and maintained such that a minimum of 95% native species cover and a maximum of 5% invasive species cover is retained. Maintenance activities shall be performed by a qualified professional: ■ A certified wetland scientist or biologist shall conduct all vegetation surveys. ■ A licensed contractor shall perform all maintenance within the bioretention basins. FINAL DRAFT 8-25-10 Memorandum of Understanding Minnehaha Creek Watershed District and City of Hopkins Corridor Planning for the Minnehaha Creek Corridor - Southwest LRT Corridor I. Purpose This Memorandum of Understanding (MOU) is to establish a working relationship and cooperative arrangement between the Minnehaha Creek Watershed District (MCWD), and the City of Hopkins, Minnesota (Hopkins) together the ("parties"). This MOU supports the following issues and activities related to the interests of the parities in an area bounded by State Highway 169, Highway 7, Excelsior Boulevard (CSAR 3) and the Hopkins eastern city boundary: a. the preservation and restoration of the Minnehaha Creek corridor which has sustained damage to its water quality, channel stability, habitat and public use opportunities as the result of decades of urban development, urban stormwater discharges and adjacent urban uses; b. supporting and facilitating development and redevelopment in conjunction with implementation of the Southwest Light Rail Transit Corridor that promotes the social, economic and environmental well-being of the area and its residents c. coordination between the parties, and other public and private stakeholders, can enhance the social, economic and environmental vitality of the corridor and further the goals and purposes of the parties; This MOU represents a non-binding expression of interest between the Parties to work together to promote the development of the Minnehaha Creek Corridor as a unique urban amenity and protecting it as a sensitive ecological asset of the community, as the city plans for the future redevelopment of the outlined area of interest. II. Background District The Minnehaha Creek Watershed District has through the development of its 2007 Comprehensive Water Resource Management Plan established the following set of Goals for the Minnehaha Creek Corridor that are to be integrated into the community planning/development goals for the Southwest Corridor Community Works Corridor within the city of Hopkins. FINAL DRAFT 8-25-10 Abstraction/Filtration. Promote the abstraction and filtration of surface water where feasible for the purposes of improving water quality and increasing groundwater recharge throughout the watershed Ecological/Integrity. Promote activities that maintain, support and enhance floral and faunal quantity and ecological integrity of upland and aquatic resources throughout the watershed. Water Quality. Maintain or reduce existing flows from drainage within the watershed to decrease the negative effects of stormwater runoff and bounce from existing and proposed development as well as provide low flow augmentation to surface waters. Shoreline and Streambank. Preserve the natural appearance of the shoreline areas and minimize degradation of surface water quality which can result from dredging operations. Navigation. Maintain the hydraulic capacity of minimize obstructions to navigation without compromising wildlife habitat in watercourses and preserve water quality and navigation appearance in shoreland areas. Wetlands. Preserve, create and restore wetland resources and maximize the benefits and functionality of wetland to the watershed. Groundwater. Protect and maintain existing groundwater flow, promote groundwater Recharge and improve groundwater quality and aquifer protection. Floodplains. Reduce the severity and frequency of flooding and highwater by preserving and increasing the existing water storage capacity below the 100 year flood elevation on all water bodies with the District. Recreation. Promote the recreational use, where appropriate, of surface waters within the District by providing recreation opportunities for citizens by promoting the use and enjoyment of water resources with the intent of increasing the livability and quality of with the watershed. Education and Communications. Enhance public participation and knowledge regarding District activities and provide informational and educational material to municipalities, community groups, businesses, schools, developers, contractors and individuals. Hopkins The City of Hopkins adopted its current Comprehensive Plan in 2009, which sets forth the following goals which support the purpose of the MOU: 2 FINAL DRAFT 8-25-10 Identify and assist in the redevelopment of Blighted or Obsolete Structures — Improvement of industrial and commercial business should continue to be encouraged to ensure that the limited amount of non-residential land is Hopkins can be used to its fullest potential. Bolster the Image of the Community and Promote Hopkins as a Destination Maintain Fiscal Health and an Acceptable Balance Between Service Quality and Property Taxes — Pursuit of redevelopment which adds to the tax base should be continued. Influence Transportation — Efforts should be made to improve Blake Road from Excelsior Boulevard to Highway 7; Efforts should continue to support the Southwest Light Rail Transit Line and redevelopment around three station planned in Hopkins. Involve and Inform Residents, Employees and Business Owners Protect and Enhance Green Space, Park Environments and Sustainability — Natural resources assets should be protected; Green development should be encouraged In addition to the Comprehensive Plan Hopkins in May of 2009 adopted the Blake road Corridor Small Area Plan which integrates the following key ideas, which support the Purpose of the MOU • Enhance and Connect Green and Open Spaces: Cottageville Park, Minnehaha Creek and Strong Pedestrian/Bike Trails • Redevelopment Opportunities at Hopkins Cold Storage Site, Cottageville Park and at the future LRT Station • Blake Road Streetscape Improvements III. Collaboration and Objectives The District and Hopkins agree that the assets and opportunities present in the subject area offer a unique opportunity to proactively plan for the area's redevelopment and regional infrastructure (lift stations, roads, LRT, etc.) to accomplish and respect the goals of each party. IV. Working Agreement The District and Hopkins o Hopkins supports the Districts interest in being a member of the Southwest Corridor Community Works Steering Committee o The District offers Hopkins participation on the Urban Corridor Planning Committee o The District and Hopkins agree to jointly and cooperatively request needed funds for the preparation of development plan and implementation strategies for the subject area which incorporates the established goals of each party for the area. FINAL DRAFT 8-25-10 o This MOU does not commit either parry to an explicit implementation funding role. Funding commitments will occur under further implementation agreements subject to approval by each party's governing body. o The Parties agree to maintain communications and share information about the subject area that impact could impact the activities of the other Parry o The Parties agree to identify and assess potential applicable redevelopment tools including bit no limited to landuse powers, regulatory powers, redevelopment powers, property acquisition Powers and revenue mechanisms. o The Parties agree to review opportunities for third -party participation, including but not limited to housing and redevelopment authorities, private land owners and stakeholders, municipalities along the Minnehaha Creek corridor and Hennepin County, and the Hennepin County Regional Railroad Authority o The Parties agree to identify and jointly work to accomplish any further actions needed to prepare a redevelopment implementation plan according to an agreed upon schedule. V. General - This MOU strictly for internal management purposes of each Party. It is not legally enforceable and shall not be construed to create any legal obligation on the part of either Party. This MOU shall not be construed to provide a private right or cause of action for or by person or entity. - This MOU shall be in effect for a period of three years and can be renewed by written agreement of both Parties. It can be terminated by either Parry at any time by providing notice in writing to the other Parry. - The MOU in no way re related to other public agency or private part. - This MOU is neither a fiscal nor funds obligation document. Nothing in this MOU authorizes or is intended to obligate the Parties to expend exchange or reimburse funds or services or transfer or receive anything of value. - All notices or other communications under this Agreement shall be in writing and shall be deemed to have been delivered on receipt in hand, by fax or electronically at the addresses stated below, namely: MCWD James Wisker Planning Program Manager MCWD 18202 Minnetonka Boulevard Deephaven MN 55391 952-471-0590 ext. 206 jwisker o minnehahacreek.org 0 Hopkins Kersten Elverum Director of Planning 1010 First Street South Hopkins, MN 55343 ke1yerum@Jhopkinsmn.com FINAL DRAFT 8-25-10 Either party may change its addresses for notice purposes by written notice to the other party given as provided above. MINNEHAHA CREEK WATERSHED DISTRICT James Calkins, President Approved for Form and Execution: MCWD Counsel CITY OF HOPKINS By: Its: By: Its: