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Regular City Council Meeting Monday, September 12, 2016 Page 25 Councilmember Willmus asked whether the Public Works review would take into consideration those factors related to infiltration and rates. Mr. Freihammer an- swered in the affirmative. Councilmember Willmus asked if that is covered in Condition d. Mr. Freihammer again answered in the affirmative. Mayor Roe asked whether there are particular standards or requirements that should be added to the conditions that staff could weigh the BMPs against, such as a rate requirement or wording such as, “everything must be handled on the site.” Mr. Freihammer stated for a commercial property that was expanding, the City would require all new additional run-off to be treated for 2-year, 10-year, and 100-year events. That is a typical City requirement. Mayor Roe noted the conditions refer to additional run-off but the wording does not get specific as to the 2-year, 10-year, and 100-year events. He asked if that is the standard staff would also apply in this case. Mr. Freihammer answered in the affirmative. Councilmember Etten stated a public comment had been made whether there is need to require entering into a legal agreement to build and maintain this BMP. Mr. Freihammer explained if the applicant installs a BMP, the City would require a maintenance agreement to assure it functions properly. In response to the questions by Mayor Roe relating to whether the agreement would be filed against the property, enforcement, and the BMPs, City Attorney Mark Gaughan advised the condition states the BMP plan would have to be ap- proved prior to issuance of the development permits. Councilmember Willmus noted Condition d is not really binding on the subdivi- sion and unless the applicant would volunteer to construct it on the front end, that Condition would not be binding until the applicant applies for a building permit. At that point, the applicant would have to do the survey and design work for the BMPs. Mr. Gaughan stated that is his understanding. Public Works Director Marc Culver explained that staff would enforce Condition d, as written, as part of the review and approval of the grading plan, which would have to identify BMPs that meet the standard mentioned earlier by Mr. Freiham- mer relating to the 2-year, 10-year, and 100-year design. Staff would require a maintenance agreement as part of that, the same as required with all residential storm water permits and it would get filed against the property. Councilmember Willmus asked the applicant if he has the same understanding as just stated by the City Engineer. Mr. Koland answered in the affirmative and stat- ed the Rice Creek Watershed also requires a maintenance agreement. He ex- plained the City of Roseville and Rice Creek Watershed work closely together