HomeMy WebLinkAbout2015-12-02 PACKET 04.G. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # � �
DATE 12/2/15 .
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
* * * * * * * * * * * * * * * * * * * * * * * * * * * * � * � * * * * * * * * * * * * * * * * *
COUNCIL ACTION REQUEST:
Consider approving the Stormwater Management Agreements with the Stu-Mac Properties.
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 11/23/15
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Stormwater Management Agreements
ADMINISTRATOR'S COMMENTS:
�� ✓
. � , ���� 1� ���'��S
City Administrator Date
* * * * * * * � * * � * * * * * * * * * * * * * * * * � * � * * * * * � * * * * * * * * * * * *
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
J Grove
�here Pride and PrOSPerity Meet
To: Honorable Mayor and City Council
Charlene Stevens, City Administrator
From: Ryan Burfeind, P.E., Project Engineer
Date: November 23, 2015
Re: Approve 61 Marine & Sports Stormwater Management Agreements
Background/Discussion
To meet new requirements in the City's Municipal Separate Storm Sewer (MS4) Permit
with the MPCA, the City has been working with Stu-Mac Properties to execute stormwater
management agreements for the proposed 61 Marine & Sports expansion. These agree-
ments are related to the inspection and maintenance of the structural stormwater facilities
that are being constructed as part of the expansion. As these agreements are related to a
specific parcel, there are two agreements for the site. The first for the structural stormwater
facilities proposed at 11726 Point Douglas Drive South; the second is for parcel that was
acquired in the southeast corner of the site.
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.
These agreements require Stu-Mac Properties 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, the agreements state 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 Agreements
with Stu-Mac Properties.
(Reserved for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this�� day of ��Y� , 2015, by and between
the CITY OF COTTAGE GROVE, a Minnesota mu ' i�al corporation �(hereinafter referred to as
the "City") and STU-MAC PROPERTIES, a ���_, (hereinafter
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, State of Minnesota legally described on the attached
Exhibit"A".
(hereinafter referred to as the "Subject Property") .which the Developer has obtained the
approval of the City for tiie development thereof; and
WHEREAS, The term "STORMWATER MANAGEMENT FACILITIES" may refer to water
quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes,
oil/water separators, sand filtering devices,filtration facilities, infiltration facilities, sump
structures, etc.)which are located OUTSIDE the public road right-of-way (ROW).
WHEREAS, the City has required that the Developer make provision for the
construction, maintenance and repair of the Stormwater Management Facilities located within
the boundaries of the Subject Property as shown on Exhibit "B" attached hereto, as the same is
described and depicted in those certain construction plans drawn by Emmons & Olivier
Resources, Inc. ("Plans").
WHEREAS, fhe City and Developer desire to set forth their understanding with respect
to the construction, repair and maintenance of the Stormwater Management Facilities and the .
responsibility relating to the costs of the repair and maintenance of the Stormwater
Management Facilities.
1
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Manaqement Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the Plans
and repair and maintain the Stormwater Management Facilities at its sole cost and expense.
Maintenance of the Stormwater Management Facilities shall mean (i) monthly inspections of the
Stormwater Management Facilities and, if necessary, removal of all litter, debris, sediment, and
replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy
functioning plantiife therein; and (ii) an annual inspection, and certification, by a qualified
individual or company acceptable to the City that the Stormwater Management Facilities are
functioning in accordance with the approved plans and have maintained the proper operation of
the stormwater treatment as a Stormwater Management Facilitiy according to the City
Standards. If, as a result of an inspection by a qualified individual or company acceptable to the
City or City stafF, it is determined that the Stormwater Management Facilities (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 Stormwater Management Facilities so that it
functions as it was designed and intended. The Developer further agrees that they will not use
the Stormwater Management Facilities and will inform its snow removal contractors of this
provision of the Agreement.
Subject to Section 4 below, Developer shall be solely responsible for the repair and
maintenance of the Stormwater Management Facilities and shall provide a copy of the required
annual inspection report of the onsite Stormwater Management Facilities to the City. If the
required annual inspection report is not submitted to the City by September 30"' of each year,
the Developer shall provide the City with the right to enter 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 fo cure such default within such time-frame, except in an emergency as
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 substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a
license for the City to act when so authorized under this Agreement, and it shall not be
necessary for the City to seek a Court order for permission to enter the Subject Property. When
the City does any such work, the City may, in addition to its other remedies, assess the
reasonable out-of-pocket cost in whole or in part.
3. Future City Policy. Notwithstanding anything contained in this Agreement to the
contrary, in the event the City shall in the future establish a policy for repair and maintenance by
the 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 general City
revenues or by collection of utility or service fees or charges, then any owner of any portion of
the Subject Properfy shall be entitled to petition the City for the inclusion of the Filtration Basins
under such repair and maintenance program. The recording of a certified copy of the ,
Resolution of the City Council of the City which sets forth the consent and authorization
described in the foregoing sentence shall serve to terminate this Agreement, without further
action on the part of any party hereto.
2
4. Chanqes to Site Confiquration or Stormwater Manaqement Facilities. If site
configurations or stormwater management facilities change, causing decreased effectiveness of
stormwater management facilities, new or improved stormwater management facilities must be
implemented to ensure the conditions for post-construction stormwater management continue to
be met.
5. Terms and Conditions. This Agreement shall run with the land and shall be
binding upon Developer's successors and assigns with respect to the Subject Property. The
terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of,
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
3
CITY OF COTTAGE GROVE
BY:
Myron Bailey, Mayor
(SEAL)
BY:
Jennifer Levitt, City Engineer
STATE OF MINNESOTA )
) ss,
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this th day of ,
20_, by Myron Bailey and by Jennifer Levitt, the Mayor and Cify 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.
NOTARY PUBLIC
4
DEVELOPER:
BY:
Its:
STATE OF I � � )
D ) ss.
COUNTY OF__��_ )
The fore oi ' stru t was ckn wledged bef i��w►�e this �/ day of � ° ,
2015, by �'�� ���� the V�J �'� of
STU-MAC Properties.
,,,,��,,,, BREA R DOHMEN
�� 'a Notary Publ(e D
{i�,�� MlnneaoU
,�„y,. My Comm.Explrea NOTARY PUBLIC
Jm 31 2020
DRAFTED BY: AFTER RECORDING PLEASE RETURN TO:
COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT
City of Cottage Grove City of Cotfage 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
EXHIBIT A
Legal Description for
11726 Point Douglas Drive South, Gottage Grove, MN
Real Property located in the County of Washington, State of Minnesota, legally described as:
That part of the Southeast Quarter of Section 36, Township 27, Range 21, Washington County,
Minnesota, described as follows:
SubdivisionName SEEGER ADD Lot 2 Block 1 SubdivisionCd 28398 THAT PART OF LOT 2,
BLOCK 1 SEEGER ADDITION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT NORTHEAST CORNER OF SAID LOT 2; THENCE S 00 DEGREES 10
MINUTES 09 SECONDS EAST, BEARING ASSUMED, ALONG EAST LINE OF SAID LOT 2,
DISTANCE OF 324.10 FEET TO NORTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID
SEEGER ADDITION; THENCE SOUTH 89 DEGREES 36 MINUTES 29 SECONDS WEST,
ALONG THE NORTH LINE OF SAID LOT 1, DISTANCE OF 217.31 FEET TO NORTHWEST
CORNER OF SAID LOT 1, THENCE SOUTH 36 DEGREES 21 MINUTES 40 SECONDS
WEST, ALONG WESTERLY LINE OF SAID LOT 1, DISTANCE OF 266.02 FEET TO POINT
OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE NORTH 36 DEGREES 21
MINUTES 40 SECONDS EAST DISTANCE OF 266.02 FEET; THENCE NORTH 00 DEGREES
10MINUTES 09 SECONDS WEST DISTANCE OF 324.94 FEET TO NORTH LINE OF SAID
LOT 2 AND THERE TERMERMINATING. SUBJECT TO EASEMENT.
PID: 3602721420023
6
Exhibit B
Grading & Drainage Plan
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srn�cno�EcrNo. crtrvaaccrNo. SHEET SOF'I'1 SHEETS
(Reserved for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this �tt' day of ^N ��• , 2015, by and between
the CITY OF COTTAGE GROVE, a Minnesota mu.' ipal corporation (hereinafter referred to as
the "City°) and STU-MAC PROPERTIES, a �(j�� �if'� �1� , (hereinafter
referred to as the "Develope�").
WHEREAS, the Developer is the fee owner of certain real property situated in the City of
Cottage Grove, County of Washington, State of Minnesota legally described on the attached
Exhibit"A".
(hereinafter referred to as the "Subject Property") which the Developer has obtained the
approval of the City for the development thereof; and
WHEREAS, The term "STORMWATER MANAGEMENT FACILITIES" may refer to water
quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes,
oil/water separators, sand filtering devices, filtration facilities, infiltration facilities, sump
structures, etc.)which are located OUTSIDE the public road right-of-way(ROW).
WHEREAS, the City has required that the Developer make 'provision for the
construction, maintenance and repair of the Stormwater Management Facilities located within
the boundaries of the Subject Property as shown on Exhibit"B" attached hereto, as the same is
described and depicted in those certain construction plans drawn by Emmons & Olivier
Resources, Inc. ("Plans").
WHEREAS, the City and Developer desire to set forth their understanding with respect
to the construction, repair and maintenance of the Stormwater Management Facilities and the
responsibility relating to the costs of the repair and maintenance of the Stormwater
Management Facilities.
1
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Manaqement Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the Plans
and repair and maintain the Stormwater Management Facilities at its sole cost and expense.
Maintenance of the Stormwater Management Facilities shall mean (i) monthly inspections of the
Stormwater Management Facilities and, if necessary, removal of all litter, 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 acceptable to the City that the Stormwater Management Facilities are
functioning in accordance with the approved plans and have maintained the proper operation of
the stormwater treatment as a Stormwater Management Facilitiy according to the City
Standards. If, as a result of an inspection by a qualified individual or company acceptable to the
City or City staff, it is determined that the Stormwater Management Facilities (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 Stormwater Management Facilities so that it
functions as it was designed and intended. The Developer further agrees that they will not use
the Stormwater Management Facilities and will inform its snow removal contractors of this
provision of the Agreement.
Subject to Section 4 below, Developer shall be solely responsible for the repair and
maintenance of the Stormwater Management F.acilities and shall provide a copy of the required
annual inspection report of the onsite Stormwater Management Facilities to the City. If the
required annual inspection report is not submitted to the City by September 30"' of each year,
the Developer shall provide the City with the right to enter 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, except in an emergency as
determined by the City, the City may, at its option, perform the wark and the Developer shall
promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City. This Agreement is a
license for the City to act when so authorized under this Agreement, and it shall not be
necessary for the City to seek a Court order for permission to enter the Subject Property. When
the City does any such work, the City may, in addition to its other remedies, assess the
reasonable out-of-pocket cost in whole or in part.
3. Future Citv Policv. Notwithstanding anything contained in this Agreement to the
contrary, in the event the City shall in the future establish a policy for repair and mainten�nce by
the 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 general City
revenues or by collection of utility or service fees or charges, then any owner of any portion of
the Subject Property shall be entitled to petition the City for the inclusion of the Filtration Basins
under such repair and maintenance program. The recording of a certified copy of the
Resolution of the City Council of the City which sets forth the consent and authorization
described in the foregoing sentence shall serve to terminate this Agreement, without further
action on the part of any party hereto.
2
4. Chanqes to Site Confiquration or Stormwater Manaqement Facilities. If site
configurations or stormwater management facilities change, causing decreased effectiveness of
stormwater management facilities, new or improved stormwater management facilities must be
implemented to ensure the conditions for post-construction stormwater management continue to
be met.
5. Terms and Conditions. This Agreement shall run with the land and shall be
binding upon Developer's successors and assigns with respect to the Subject Property. The
terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of,
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
3
CITY OF COTTAGE GROVE
BY:
Myron Bailey, Mayor
(SEAL)
BY:
Jennifer Levitt, City Engineer
STATE OF MINNESOTA )
) ss. ,
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this th day of ,
20_, by Myron 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.
NOTARY PUBLIC
4
DEVELOPER: ��,,-� �
��.
BY: � I i
r Its:
,M1a�
�,,..,,, 9REA R DO!it�,7f�,
' A � .p � '� Notary•�•~:��,
STATE OF �✓l ` n•�1i�Q�� ) �k��� Minre�;�ia
�� s. na,.��,�,.,
COUNTY OF �O�-��� ) SS �- � ' `' '
The fo oing in r iment was acknowledged before me this ��D day of �� �� ' ,
2015, by �'���L����� the �w rl'�Y� _ of
STU-MAC Properties.
,,.�.; BREA R DOHMEN 0
� yo NoUry Publfc °
�� MlnneacU NOTARY PUBLIC
. My Comm.Ex p�hea
Jm 31 2020
DRAFTED BY: AFTER RECORDING PLEASE RETURN TO:
COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT
City of Cottage Grove City of Coftage 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
EXHIBIT A
Legal Description for
Portion of PID 3602721410006
Real Property located in the County of Washington, State of Minnesota, legally described as:
That part of the Southeast Quarter of Section 36, Township 27, Range 21, Washington Cbunty,
Minnesota, described as follows:
THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 36,
TOWNSHIP 27 NORTH, RANGE 21 WEST, WASHINGTON COUNTY,
MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE
NORTH LINE OF SAID NORTH 1/2 OF SOUTHEAST 1/4 DISTANT 1460 FEET
EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH, AT RIGHT
ANGLES TO SAID NORTH LINE, TO THE INTERSECTION WITH THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE TRUNK HIGHWAY 61, SAID
POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE PARCEL
TO BE DESCRIBED; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY
LINE, 250 FEET; THENCE DEFLECT TO THE RIGHT 90 DEGREES, TO THE
INTERSECTION WITH A LINE BETWEEN THE AFORE-DESCRIBED POINT OF
COMMENCEMENT AND THE AFOREDESCRIBED POINT OF BEGINNING;
THENCE SOUTHERLY TO THE POINT OF BEGINNING AND THERE
TERMINATING
6
Exhibit B
Grading & Drainage Plan
7
•_ INSTALL FIBER,LOG�
- AT EDGE OF B/�SIN UNTIL:
TRUCTION ,.-FULL�I�VEGET,ATED WITH�
SS,USE � MNDOT STATE SEED MIXTURE
ING GRAVEL , - � 33-261;STORMWATER S011TH '""
ECESSARY ' A WEST AT_A.RATE OF 35 Ib/acre 16�
�\ ` � I _ 874.00
� `� ' .` ,' , -- __
; _.. .___...�.•-' x
... \��\ ,� . , , . I — — — FINISHED GRADE:872.20 .. — — —
' � -���������_���_��� ���—���—���������I
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� . •.� . . � �� x ' t — — —
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� ^���`�� ���V�' � - �;i;`'"�,'�`� � `� � �-1II-II1=1II-1II- I-1II-1I1=1II-III-�
-., . .. �.
.. � �_,,,... ::'' / ' . � � —��I— — — — SU GRADE:868:80 — — — ��—I i i
r ,
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�\ % � � —i I I— —I i i—•
`.� — `: I I �—iii— i i i—i i i iii—i i i—��.
-� BIOINFILTRATION BASIN CAT-P x
NWL:874.00
` 100YRHWL:874.08 I ��
' � I 3,0"BI -FILTRATION PLANTING MEDIUM SCARIFY SUBGRADE MINIMUM 12",
_ _� �` � ,<;\;r� .../,, � � :MIX O CONSIST OF A WELL BLENDED FULL AREA OF BASIN,
.'' %,;'.� / � ; M XTURE OF THE FOLLOWING(SEE INCIDENTAL TO EXCAVATION
S `'�'=•.,,, �.,. `' ... ' , � ' +\�. � � BIO- ILTRATION NOTES FOR DETAILS)
:86G99_(z�}"X36"RCAP) ��� � � -80°/a WASHED SAND
- +�x : � � I -20 o CERTIFIED ORGANIC COMPOST
�
\�� ,� N �
`� , 8>2 k\ N x
\ �� 8� 2 x\+ �
�'�,'-. �•� R \x
� BIOINFILTRATION BASIN , -� +\,�. x
$� FINISH GRADE:862.20 ' �I
� SUBGRADE:868.20
� (3,200 SF FINISH GRADE AND SUBGRADE) � �
(TO CONSIST OF 48"ENGINEERED MIX,80% , ; ��
Rf WASHED COARSE SAND AND 20%CERTIFIED � -., � \
�, MNDOT GRADE 2 ORGANIC LEAF COMPOST, ,��� �
� �� WELL-AGED) �� �, • �
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