ADMINISTRATION - Jim Hafner, Stormwater Manager
Title
APPROVE AMENDMENT TO PROGRAMMATIC STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT WITH
RICE CREEK WATERSHED DISTRICT
Background
In 2014, staff negotiated a Programmatic Maintenance Agreement with the Rice Creek Watershed District (RCWD) which acts as a general, unrecorded maintenance agreement for all City projects. This eliminates the need for separate agreements on individual projects. The City agrees, under this agreement, to provide to the RCWD a copy of the annual stormwater report submitted to the State (MPCA), including a statement of proof that the necessary treatment facilities were maintained on the schedule established by the City. The City Attorney reviewed the document and appropriate revisions were negotiated with the RCWD. The final document was approved by Council on April 17, 2014.
Recently, the city submitted two separate permits to the RCWD for projects that included the crossing of public ditches. These permits triggered RCWD Rule G, crossing of conveyance systems, and Rule I, drainage systems. Both permits would require separate maintenance agreements under the RCWD rules. Staff suggested the existing Programmatic Agreement should cover these requirements as ditches convey stormwater. The response was that because ditches were related to public drainage law a separate agreement would be necessary.
Staff then negotiated an amendment to the existing agreement to include Rules G and I and therefore have only one agreement. The only changes were to add language that covered the two subject rules. A copy of the amended agreement is attached to this report with the new language highlighted. These changes have been reviewed by City Attorney Patrick Sweeney who found no issues of concern.
Recommendation
By motion, approve the resolution.
Body
WHEREAS, pursuant to Minnesota Statutes § 103D.345, the Rice Creek Watershed District (RCWD) has adopted and implements Rule C, Stormwater Management Plans, in which certain land development activity requires a landowner to record a declaration establishing the landowner’s perpetual obligation to inspect and maintain stormwater management facilities; and
WHEREAS, pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule G, “Crossings of Natural & Artificial Conveyance Systems,” and Rule I, “Drainage Systems.”
WHEREAS, Rules G and I impose certain requirements to ensure a culvert, pipe or other structural element placed in a waterbody/drainage system is maintained to perform as designed;
WHEREAS, a public landowner may memorialize its obligations in an unrecorded written agreement with the RCWD instead of a recorded agreement; and
WHEREAS, from time to time the City of Blaine is subject to stormwater facility maintenance requirements pursuant to the terms of a RCWD permit; and
WHEREAS, the City of Blaine, as a Municipal Separate Storm Sewer System (MS4), is obligated to inspect and maintain its stormwater management facilities in accordance with the terms of a Clean Water Act permit administered by the Minnesota Pollution Control Agency, and all parties desire to promote consistency in facility management requirements consistent with RCWD authority to set requirements necessary to meet its rules; and
WHEREAS, the RCWD and the City of Blaine concur that it is more effective and procedurally more efficient to agree on standard requirements for stormwater facility inspection and maintenance, and to memorialize these requirements in this Agreement for incorporation into future permits.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Blaine as follows:
1. The Programmatic Maintenance Agreement between the Rice Creek Watershed District and the City of Blaine is hereby approved as amended.
2. The Mayor and City Manager are hereby authorized and directed to execute said agreement.
PASSED by the City Council of the City of Blaine this 3rd day of December, 2015.