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Home My WebLink About2015-040 Council Resolution• 1 • CITY OF LINO LAKES RESOLUTION NO. 15-40 RESOLUTION AUTHORIZING EXECUTION OF MAINTENANCE AGREEMENT STORMWATER MANAGEMENT FACILITIES BETWEEN RICE CREEK WATERSHED DISTRICT AND CITY OF LINO LAKES LINO LAKES FIRE STATION WHEREAS, the Lino Lakes Fire Station project includes the construction of stormwater facilities such as catch basins, pipe, and ponds to convey street and site surface water and provide water treatment prior to entering public waters; and WHEREAS, such stormwater facilities are subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the RCWD permit no. 15-21 will require 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 executes the Maintenance Agreement for Stormwater Management Facilities between the Rice Creek Watershed District and City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 13th day of April, 2015 The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following vDted in favor thereof: Kusterman, Rafferty, Roeser, Stoesz, Reinert The following voted against same: none ATTEST: Jul nne Bartell, C Jeff Reinert, Mayor • 1 • CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: April 13, 2015 TOPIC: Resolution No. 15-40, Approving a Stormwater Facilities Agreement with RCWD, Lino Lakes Fire Station VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council approval of a stormwater maintenance agreement with the Rice Creek Watershed District. BACKGROUND The Lino Lakes Fire Station project includes the construction of stormwater facilities, i.e., catch basins, pipe, and ponds to convey site and street surface water and provide water treatment prior to entering public waters. The agreement between RCWD and the City requires the City to perform inspections and maintenance on the stormwater facilities. RECOMMENDATION Staff recommends adoption of Resolution No. 15-40. ATTACHMENTS 1. Resolution No. 15-40 2. Draft 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 1038 and 1 03D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and City of Lino Lakes ("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 1 5-21 , 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 1 5-21 , 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: INSERT DESCRIPTION OF FACILITIES. The Permittee will: • • • a. Obtain certified as -built contours for all ponds and inspect the pOnd5, 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 frequent!y. Pond function wiIl 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 stOrnlxvaterinfi|trJtinD and filtration basins, including rain gardens, annuaUy, 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. c. Inspect grit chambers, sump catch basins and sump manholes annually. Accumulated sediment and debris will be removed so that the each facility continues to operate as designed and erosion or structural problems are corrected. d. Inspect conveyances and other structures annuaUy. 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 (and 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 Agreemerit, 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 WtTNESS 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 • • Exhibit A Sheet C-3 of 35 for Lino Lakes Fire Station project dated April 2, 201 5 • • Ws o 0: 105 0 203 •Oul '6uuaawBo3 uosJe1 �9 e SILO'S 0,30 uoilels an -J Se)IB1 oui1 E. 0'£0