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Home My WebLink About2015-08-12 PACKET 04.K. REQUEST OF CITY COUNCIL ACTION COUNCIL A��N�A MEETING ITEM # � DATE 8/12/15 •k . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR � * * * * * * * � * :� � * * * * * * * * * * * * * * * * * � * * * * * * * � * * * * * * * * * * COUNCIL ACTION REQUEST: Consider approving the Stormwater Management Agreement with the Church of St. Rita. STAFF RECOMMENDATION: Approve the request. BUDGET IMPLICATION: $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Ryan BurFeind dated 8/4/15 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � � OTHER: Stormwater Management Agreement ADMINISTRATOR'S COMMENTS: � ��,� f�� =� �� /� �i y A� � inistrator Date * * � * * � * * * * * � * * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * � * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove �here Pride and Prp5Perity Meet To: Honorable Mayor and City Council Craig Woolery, Interim City Administrator From: Ryan BurFeind, P.E., Project Engineer Date: August 4, 2015 Re: Approve Church of St. Rita Stormwater Management Agreement Backqround/Discussion To meet new requirements in the City's Municipal Separate Storm Sewer (MS4) Permit with the MPCA, the City has been working with the Church of St. Rita to execute a storm- water management agreement. This agreement is related to the inspection and mainte- nance of the structural stormwater facilities that are being constructed along with their current building expansion project. The City's new MS4 Permit requires that municipalities monitor the inspection and mainte- nance of private structural stormwater facilities, including infiltration basins, stormwater retention ponds, and sump catch basins. This requirement applies only to stormwater facilities that are constructed after the date the permit was approved by the MPCA, which was August 1, 2013. If private entities do not maintain their structural stormwater facilities, the City will be required to conduct the maintenance and assess the associated costs to the owner. This agreement requires the Church of St. Rita to conduct an annual inspection of their structural stormwater facilities and provide the inspection results to the City. If they fail to conduct this annual inspection, the City will have the right to conduct the inspection. Also, if required maintenance is not completed, this agreement states that the City will conduct the maintenance and assess the costs to the owner of the site. , Recommendation It is recommended the City Council approve the Stormwater Management Agreement with the Church of St. Rita. (Reserved for Recordirrg Data) �� This AGREEMENT made fihis �d�y of �(;LqS"� , 20��by and between the CI'fY OF COl`T'�4GE CROVE, a Minnesota municipal corporation (hereinafter referred to as the "City») and �t��✓�.t f-� �r� �i, r2�Y� , a d�1 r,vna z�� i r�a�P 4.�,.a��`�.�r (herein�fter referred to as the "Developer"). WHEREAS, the Developer is the fee owner of certain real property situated in the City of Cottage Grove, County of Washington, �tate of Minnesota legally described on the attached Exhibit "A". (hereinafter referred to as the "Subject Property") which the Dev�loper ha� obfained fhe approval of the City for the development thereof; and WHEREAS, The term "STORIVIWATER MANAGEMENT FACILITIES° may refer to water quality and/or water quantiijl facilities (i.e. detention basins, retention basins, swales, pipes, oil/water separators, �and filtering devices, infil4ration facilifies, sump structures, etc.) which are located OUTSIDE the public road right-of-way (ROV1n. WHEREAS, the Cify has required fhat the Developer make provision for the con�truction, maintenance and repair of the Stormwater Management Facilities tocated within the boundaries of the Subject Property as shown on Exhibit "B" at#ached hereto, as the same is described and depicted in thos� certain construction plans drawn by Rehder � Associafe�, Inc., ("Plans"). WHEREAS, the City and Developer desire to set forth their understanding with respecf to the construction, repair and maintenance of the Infiltration Basin and sump structures and the responsibility relating to the costs of the repair and maintenance of the Infiltration Basin and sump strucfures. 1 NOW 1"HEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and su�ciency af which is hereby acknowledged, the parties hereta hereby agree as follows: 1. Construction and Maintenance of Stormwater Manaqement Facilities. The Developer agrees to construct the Stormwater Managernent Facilities according to the Plans and repair and maintain the Stormwater Management Facilities at its sole co�t and expense. Mainfienance of the Sfiormwater Management Facilities shall mean (i) monthly inspections of the Infiltration Basin and sump structures and, if necessary, removal of all lifter, debris, sediment, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning plantlife therein; and (ii) an annual inspection, and certification, by a qualified individual or company accept�ble to the City that the Infiltration Basin and sump structures are functioning in accordance with the approved plans and have maintained the proper operation of the sformwater treatmenfi as a Infiltration Basin or sump structure according to the City Standards. If, as a result of an inspecfion by a qualified individual or company acceptable to the Cifiy or City staff, it is defermined that the Infiltration Basin or sump structures (1) have not been maintained; or (2) are not functioning as originally designed and intended; or (3) are in need of repair, the Developer agrees to restore the In�ltration Basin or sump structure so that it funcfiions as it was designed and intended. The Developer further agrees that they will not u�e the Infiltration �asin for snow storage and will inform its snow removal contractors of this provision c�f the Agreement. Subject ta Section 5 below, Developer shall be solely re�ponsible fdr the repair and mainfenance of the Infiltration Basin and sump structures and shall provide a copy of the required annual inspection report of fhe onsite Stormwafer Management Facilities to the City. If fihe required annual inspection report is not submitted to the City by September 30t" of each year, the Developer shall provide the City with the right to en4er onto the property to conduct the annual inspection. 2. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer's failure to cure such default within such time-frame, excepfi in an emergency a� determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substanfiation of such costs, reimburse fhe City for any reasonable out-of-pockef expense incurred by the City. Thi� Agreement is a license for the City to act when �o authorized under this Agreement, and if shall not be necessary for the City to seek a Court arder for permission to enter fhe Subject Property. When the City does any such work, the City may, in addition to its ofher remedies, assess the reasonable out-of-pockef cost in whole or in part. 3. �ufure Citv Policv,. Notwithstanding anything contained in this Agreement to fhe contrary, in the even4 the City shall in the future e�tablish a policy for repair and maintenance by fhe City of stormwater ponds owned by private parties located elsewhere in the City under which policy the costs of such repair and maintenance are to be paid either out of g.eneral City revenues or by collection of utility or service fees or charges, 4hen any owner of any portion of the Subject Property shall be entitled to petition the City for the inclusion of the Infiltration Basin under such repair and maintenance program. The recording of a certified copy of the Resolution of the City Council of the Cifiy which sets forth the consent and authorization described in the foregoing sentence shall serve to terminate this Agreemenf, without further action on the part of any par�y hereto. 2 4. Chanqes to Site Confiquration or Storrnwater Manaqement Facilities. If site eonfigurations or sformwater managemen4 facilities change, causing decreased effectiveness of �tormwater managemenf facilities, new or improved stormwater management facilities must be implemented to ensure the condition�for post-construcfiion stormwater managemenf continue to be met. 5. Terms and Conditions. Thi� Agreement shall run with the land and shall be binding upon Developer's successors and assigns writh respect to the Subject Property. 1"he terms and conditians of fhis Agreement shall be binding upon, and shall insure to the benefit of, the parties hereto �nd their respective succe�sors and assigns. IN WITNESS WHEREOF, the parties hereto have cau�ed this document fio be executed as of fihe day and year first above written. 3 C� F C TT G V �Y: Myron ��iley, Mayor (SEAL) BY: Jennifer Levitfi, Cifiy Engineer STATE OF MINRIESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrumenf was acknowledged befor� me this,_,_t" day of , 20�, by Niyron Bailey and by Jennifer Levitt, the Mayor and City Engineer of the City of Cottage Grove, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. iVOTARY PU�LIC 4 V L P . �Y: �• 6�►�� Ifts: �i��f-r�c� ST'ATE OF � ��V�9 �� -��- ) ) ss. COUNTY OF ��,�d.��d�+al��7�6'� ) The fore�qoing instrumenf was acknowledged bef re me this�day of �u��-�� , 20,,.�S , by �i7f-�f� � � �/,��+1<� the �S 7usL �t� �°��.,S,G4 Z��✓7 of �r�u;�.�l ��-" -�'T. ��4- � ,�. �� , � , � � NOTARY PU � -� �4� � �., Rory J Gilbert - �� Notary Public-Minnesota ` � My Commission Expires 1-31-2020 t '� .� DRAFTED BY: AFTER RECORDING PLEASE RETURN TO: COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT City of Coitage Grave City of Cottage Grove 12800 Ravine Parkway South 12800 Ravine Parkway South Cottage Grove, MN 55016 Cottage Grove, MN 55016 Telephone: (651)458-2800 Telephone: (651)458-2800 5 ' '� 6L 77 ��q�� I'ItJ'�lOf1 PAR`f SE1/4 �EItVG EASTERLY 344 FEEI" OF W�STERLY 6�8 FEET OF S1/2 SE1/4 EXC�PT:PART OF WEST 688 FEET bF S1/2-SE1/4 OF 5ECl"IOh! 9 TOWNSHIP 27 RANGE 21 LYING NORThI OF A LINE DR�4�WN FROfi� POINT ON EAST LINE OF SAID WE�T 688 FE�T DISTANCE 410 FEET NORThi FROIVI SOUTHEAS� CORNER OF SAID WE�T 6�� EET' TO POINT ON UVEST LINE OF SAID SE1/4 DISTANCE 610 FEET NORTH FROM SOUTHW�ST CORNER OF SAID SE1/�4 S�ction 09 l"ownship 027 Range 021 6