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HomeMy WebLinkAbout2012-096 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 12 -96 RESOLUTION AUTHORIZING EXECUTION OF STORMWATER FACILITIES MAINTENANCE AGREEMENT WITH RICE CREEK WATERSHED DISTRICT WHEREAS, the City is proposing to improve the intersection of Lake Drive and Main Street and the intersection of Birch Street and Ware Road; and WHEREAS, such improvements include the construction of stormwater facilities subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the Rice Creek Watershed District Board of Managers conditionally approved permit no. 12 -040 for the project subject to the execution a maintenance agreement between the City and the Watershed District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the Council authorizes staff to execute the necessary agreements on behalf of the City. Adopted by the Lino Lakes City Council this 10th day of September, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, Stoesz, O'Donnell, Reinert The following voted against same: None Whereupon said resolution was declared duly passed and Jeff Reinert, yor Juli. e Bartell, City lerk • • CITY COUNCIL AGENDA ITEM 6Bii STAFF ORIGINATOR: Michael Grochala MEETING DATE: September 10, 2012 TOPIC: Consideration of Resolution No. 12 -96, Approving Stormwater Maintenance Agreement with RCWD, Lake /Main & Birch/Ware Signal Improvements VOTE REQUIRED: 3/5 INTRODUCTiON Staff is requesting council action to approve a stormwater maintenance agreement with the Rice Creek Watershed District (RCWD) covering stormwater facilities constructed as part of the Lake /Main and Birch/Ware Signal improvements. BACKGROUND The intersection improvement project includes the construction of stormwater facilities, i.e., catch basins, pipe, infiltration basins and ponds to convey street surface water and provide water treatment prior to entering public waters. The City is subject to the permit requirements of the Rice Creek Watershed District (RCWD). The RCWD board issued a conditional approval for permit 12 -040 on June 27, 2012. Condition 4 of the permit requires the City to enter into a maintenance agreement for all onsite stormwater features. The agreement requires the City to perform inspections and maintenance on the stormwater facilities. This includes annual inspections of lines, structures and infiltration basins. Ponds are required to be inspected once annually in the first two years following construction and every five years thereafter. These requirements are generally consistent with the parameters the city already operates under with the exception of the line and structure inspections which we perform on a five year basis. Under the terms of the Joint Powers Agreement with Anoka County the city is responsible for pond maintenance and the county is responsible for lines and structures. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -96. ATTACHMENTS 1. Resolution No. 12 -96 2. RCWD Stormwater Maintenance Agreement • • MAINTENANCE AGREEMENT Stormwater Management Facilities Between the Rice Creek Watershed District and City of Lino Lakes This Maintenance Agreement ( "Agreement ") is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and the City of Lino Lakes, a municipal corporation ( "Permittee "). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans; WHEREAS Rule C imposes certain requirements, which the Permittee will meet in this case by constructing and maintaining stormwater management facilities as identified on the site plan incorporated into this Agreement as Exhibit A; WHEREAS in accordance with Rule C and as a condition of Permit 12 -040, the Permittee's obligation to maintain these stormwater facilities must be memorialized by a recorded maintenance declaration or, alternatively, a maintenance agreement establishing the Permittee's perpetual maintenance obligation; WHEREAS the Permittee and the RCWD execute this Agreement to fulfill the condition of Permit 12 -040, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1. The Permittee, at its cost, will inspect and maintain the stormwater management facilities delineated and labeled on Exhibit A as follows: • Drainage Structures, lines and basins - Birch St /Ware Rd Signalization • Drainage Structures, lines and basins - Lake Dr /Main St Signalization • • The Permittee will: a. Obtain certified as -built contours for all ponds and inspect the ponds, and associated outlet structures, culverts and outfall structures one year and two years after the completion of as- builts, including measuring sediment accumulation by a method accurate to within one vertical foot. Thereafter, the Permittee will perform inspections in the fifth year after pond completion and every five years thereafter. If inspections show that sediment may accumulate to 50 percent of wet storage volume, or 25 percent of dry detention volume, within less than five years, the Permittee will inspect more frequently. Pond function will be considered inadequate if sediment accumulation has decreased the wet storage volume by 50 percent or dry detention volume by 25 percent, and the Permittee will restore the basin to its original design elevations and dimensions and restore vegetation in disturbed areas within one year of the inspection date. b. Inspect stormwater infiltration and filtration basins, including rain gardens, annually, to preserve live storage capacity at or above the design volume. Remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure that the facilities continue to perform per design. d. Inspect conveyances and other structures annually. Ensure preservation of designed hydraulic capacity. 2. If the Permittee conveys into private ownership a fee interest in all or any portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur either before any 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 the Permittee conveys into public ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and • • • sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five -year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICE CREEK WATERSHED DISTRICT By Date: RCWD Administrator, Phil Belfiori CITY OF LINO LAKES By: Date: Its