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HomeMy Public PortalAbout1996-001Member Philip Zietlow introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 96-1 RESOLUTION GRANTING A PERMIT TO THE MINNEHAHA CREEK WATERSHED DISTRICT WHEREAS, the Minnehaha Creek Watershed District (the "MCWD") has sought permission from the City of Medina (the "City") to construct a wetlands detention pond and associated improvements (the "Project") on a parcel located south of Deer Hill Road, which land is legally described on Exhibit A attached hereto (the "Property") ; and WHEREAS, the MCWD and the City are currently in litigation regarding the Project but wish to resolve the matter; and WHEREAS, the City is willing to grant the MCWD permission for the Project, subject to specified terms and conditions, in return for the MCWD dismissing with prejudice its claims against the City and its officials; and WHEREAS, the MCWD is willing to dismiss with prejudice its claims against the City and its officials in return for permission to proceed with the Project, subject to specified terms and conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota hereby grants to the MCWD a permit to construct the Project on the Property, subject to the following terms and conditions: 1. The pond may not be constructed closer than 20 feet from the eastern line of the Property. 2. A gate consisting of post and cables must be constructed at the intersection of the access road and Deer Hill Road. 3. Any well on the property which is no longer to be used must be abandoned according to the standards of the Minnesota pollution control agency and any other regulating agencies. RHB98428 ME230-231 t The above are subject to such change orders as are reasonable and customary within the construction industry and are noticed to the City, provided that no change order shall extend construction beyond the area of the easement. 13. All excavated materials must be deposited on the Property. 14. Any violation of the terms of this permit shall be grounds for the revocation thereof, but only after reasonable notice to the MCWD and its contractor and an opportunity to cure the default. 15 . The MCWD must reimburse the City for all of its administrative expenses in reviewing this application, which expenses the parties have agreed amount to $10,000. The MCWD has previously paid $2,500 of this amount into escrow for the City, leaving an amount due of $7,500. The fee shall be payable prior to beginning of construction. 16. This permit shall not be effective until the MCWD has delivered to the City a properly approved and signed stipulation dismissing with prejudice its claims against the City. Dated: January 2 , 1996. ATTEST: Anne E. Theis, Mayor rlson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Ann Thies and upon vote being taken thereon, the following voted in favor thereof: John Ferris, Jim Johnson, Thies, Zietlow, and Mayor Anne Theis. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. RHB98428 ME230-231 4. All necessary approvals of other governmental agencies, including but not limited to the Army corps of engineers, Minnesota department of natural resources, and the Minnesota pollution control agency, must be obtained prior to the start of construction. 5. Monitoring of the pond must be accomplished in accordance with the memorandum prepared by Andrew E. Syverson, dated January 2, 1996. 6. A silt fence must be placed in the location shown on the construction plans prior to construction and must be maintained until such time as vegetation has become sufficiently established to prevent erosion. 7. A complete set of the plans and specifications for the construction of the Project must be furnished to the City . 8. Any City road which becomes soiled as a result of the Project must be cleaned and maintained during construction. Any City property which is damaged or destroyed by the contractor must be replaced or repaired at no expense to the City . 9. The hours of operation for the construction shall be no earlier than 8 : 00 a.m. and no later than 6 : 00 p.m. Monday through Saturday. No work is permitted on Sunday. 10. The City shall have a right of first refusal to perform the maintenance work for the pond at the direction of the MCWD and pursuant to any necessary competitive bidding process . The MCWD shall not interfere with or obstruct the City's access to the pond for maintenance purposes . The City and the MCWD pledge to complete negotiation of a cooperative agreement for the Project within 90 days from issuance of this permit . 11. The MCWD shall immediately apply to the City for a permit under the Wetlands Conservation Act (the "Act") to fill a small portion of the wetlands for purposes of constructing the access road. The City agrees to approve such application promptly if the fill area is less than 10,000 square feet. Pursuant to the Act, the MCWD agrees to mitigate in accordance with the requirements of the United States Army corps of engineers permit, as may be amended. 12. All construction shall take place in conformance with the following plans, specifications, drawings and documents on file with the City: a. full size set of plans, and any modifications thereto; b . specifications and modifications thereto; c. the Syverson memorandum specified in paragraph 5 hereof; and d. the wetlands mitigation plan to be submitted to the Army corps of engineers. RHB98428 ME230-231