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.
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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.
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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.
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