Approve Storm Water Treatment and Ponding Maintenance Agreement with T & G Land Inc for the Property Located at 6651 141st Ave NW; Case of Tom Sauter

In 2012, the City Council approved a Conditional Use Permit (CUP) for processing demolition concrete in the E-2 Employment District.  One of the conditions of the CUP was that the Permittee develop a drainage and erosion control plan subject to review and approval by the City.  The Permittee has offered to assume maintenance responsibilities for the storm water pond on the Subject Property. 

No notification is required for this action.

Staff has developed a Storm Water Treatment and Ponding Maintenance Agreement that outlines the responsibilities of the Permittee, including: (1) Semi-annual inspections of all pond outfalls (once in the spring and once in the fall) and any necessary corrective actions (such as removal of litter/debris, replacement of mulch etc.), (2) maintaining dense vegetation along the bank slope to prevent bare spots of exposed soil and to capture sediment prior to entering storm water pond, and (3) bi-annual inspections and certifications by a professional engineer (provided by the Permittee) that the storm water pond continues to function in accordance with the design plans.  Should the pond be found to not be functioning as designed, the Permittee would be responsible for restoring the pond to function as designed.  The Permittee has reviewed the proposed Storm Water Treatment and Ponding Maintenance Agreement and is comfortable entering into this agreement.

Alternatives:

Approve the Storm Water Treatment and Ponding Maintenance Agreement.  This site has had demolition concrete and bituminous material stockpiled for a little over a year now and has had a soil stockpile on site for over ten (10) years with no apparent impact to the storm water pond.  The Permittee has all needed equipment to maintain the pond and could do so in an efficient and cost effective way and thus, Staff supports approval of the maintenance agreement.

Deny the Storm Water Treatment and Ponding Maintenance Agreement.  If this agreement were not approved, the Permittee would be required to develop an alternative drainage and erosion control plan to address the potential sediment from the concrete processing on site.  However, the processing itself is only permitted to occur one (1) time per year based on the CUP.  Other than that, there will just be stockpiled material on site, similar to what has existed on the property for over ten (10) years and there have not been any documented issues with the storm water pond to date.

Staff recommends authorizing and executing the Storm Water Treatment and Ponding Maintenance Agreement with T & G Land Inc.

As this is related to the conditional use permit approved last year, the costs associated with processing this are the responsibility of the applicant.

Motion to authorize and execute the Storm Water Treatment and Ponding Maintenance Agreement to assign maintenance responsibilities of the storm water pond at 6651 141st Ave NW to T & G Land Inc.