CR 09-076 Approve Memorandum of Understanding with Minnehaha Creek Watershed District•
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September 15, 2009
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N OPKINS
Approve Memorandum of Understanding with
Minnehaha Creek Watershed District
Council Report 2009 -076
Proposed Action
Staff recommends adoption of the following motion: Approve Resolution 2009 -046
Resolution Approving Memorandum of Understanding with Minnehaha Creek Watershed
District.
Overview
In conjunction with the City's comprehensive stormwater management plan, the
Minnehaha Creek Watershed District has drafted a Memorandum of Understanding
(MOU) that details the responsibilities of the City and the District to each other.
The primary tenant of the MOU is that there be an annual meeting with the District to
review the implementation of the stormwater management plan and that our annual
NPDES report be forwarded to the District
Supporting Information
• Memorandum of Understanding
• Resolution 2009 -016
R. Bradford, P.E.
City Engineer
Financial Impact: 10 Budgeted: Y/N N/A Source: Related Documents (CIP, ERP, etc.): Notes:
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MEMORANDUM of UNDERSTANDING
Between the Minnehaha Creek Watershed District
and the City of Hopkins
for Local Water Planning and Regulation
This Memorandum of Understanding (MOU) is made by and between the Minnehaha
Creek Watershed District, a watershed district with purposes and powers as set forth at
Minnesota Statutes Chapters 103B and 103D ( "MCWD "), and the City of Hopkins, a body
corporate and politic and a statutory city in the State of Minnesota ( "City ").
Recitals and Statement of Purpose
WHEREAS in 2007, the MCWD revised its comprehensive watershed management plan
under Minnesota Statutes § 103B.231, which details the existing physical environment, land use
and development in the watershed and establishes a plan to regulate water resource use and
management to protect water resources, improve water quality, prevent flooding and otherwise
achieve the goals of Minnesota Statutes Chapters 103B and 103D;
WHEREAS the MCWD's comprehensive watershed management plan incorporates the
Rules adopted by the MCWD to protect water resources, improve water quality, prevent flooding
and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D;
WHEREAS the City has developed a local water management plan under Minnesota
Statutes §103B.235 that describes the existing and proposed physical environment and land use
within the City and sets forth an implementation plan for bringing local water management into
conformance with the MCWD's comprehensive watershed management plan;
WHEREAS on August 13, 2009, the MCWD Board of Managers conditionally approved
the City's local water management plan by adoption of Resolution 09 -078, which resolution is
attached and incorporated herein;
WHEREAS the City wishes to continue to authorize MCWD permitting authority with
respect to all areas regulated by the MCWD including the Minnesota Wetland Conservation Act;
WHEREAS MCWD approval of a local plan requires a finding that the official controls
of the local government are at least as protective of water resources as the MCWD Rules;
WHEREAS the finding by the MCWD Board of Managers in this regard rests on the
City's authorization of the MCWD's continued exercise of regulatory authority within the City in
accordance with Minnesota Statutes §103B.211, subdivision 1(a)(3);
WHEREAS the MCWD and City desire to memorialize their respective roles in
implementing water resource protection and management within the City;
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NOW THEREFORE it is mutually agreed by and between the parties that they enter into
this MOU in order to document the understanding of the parties as to the roles and
responsibilities of each party.
1.0 Responsibilities of the City
1.1 The City may exercise all present and future authority it otherwise may possess to issue
permits for and regulate activities affecting water resources within the City.
1.2 The City will meet at least annually with the MCWD to review the implementation of the
City's local water management plan.
1.3 Annually, by the date specified for the City's submittal of its annual report under its
NPDES municipal stormwater permit, the City will submit to the MCWD a concise but specific
report describing:
a. Progress on the local water management plan implementation program.
b. Progress on meeting phosphorus load reduction requirements of the WMP.
c. Any adjustments to the implementation and /or capital improvement program in the local
water management plan.
d. A listing, with further specific information as the MCWD may request, of grading and
structural alterations approved or occurring within city boundaries since the last annual
report (both private and public alterations) that could measurably affect hydraulic and
hydrologic model outcomes.
The City may incorporate its annual report into its NPDES MS4 annual report, provided it
addresses the above items with specificity.
2.0 Responsibilities of the MCWD
2.1 The MCWD will continue to apply and enforce its Rules, as they may be amended from
time to time, within the City.
2.2 The MCWD will meet with the City at least annually to review the implementation of the
City's local water management plan, addressing at a minimum the following topics:
1. Maintenance of up -to -date water quality measures, such as concentrations of Phosphorus,
in the City's local water management plan;
2. The City's progress toward Implementation Program /CIP items; and
3. Progress toward meeting the phosphorus load reduction goals from the MCWD
Comprehensive Plan.
2.3 The MCWD retains all authority that it may possess under Minnesota Statutes Chapters
103B and 103D or any other provision, of law, except as explicitly reposed in the City under this
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• MOU, including but not limited to authority set forth at Minnesota Statutes § §103B.211,
subdivision 1(a); 103D.335 and 103D.341.
CITY OF Hopkins MINNEHAHA CREEK WATERSHED
DISTRICT
By By
Mayor President, Board of Managers
• By
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3.0 General
3.1 The MOU is effective on the date that it has been executed by both parties, will remain in
effect for five years, and will be extended automatically for five -year terms unless
terminated by agreement of the parties. Notwithstanding, the City will continue to be
subject to applicable statutes and rules requiring that it revise its local water management
plan in response to MCWD revisions of the WMP.
3.2 This MOU may be amended only by a writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding.
City Manager
Date: Date:
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
EXECUTION EXECUTION
By By
Its Attorney Its Attorney
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CITY OF HOPKINS
• HENNEPIN COUNTY, MINNESOTA
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RESOLUTION NO. 2009 -046
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH
MINNEHAHA CREEK WATERSHED DISTRICT
WHEREAS, the City has developed a local stormwater management plan, and
WHEREAS, the Minnehaha Creek Watershed District and the City jointly have
jurisdiction over stormwater matters within the City, and
WHEREAS, it is the interests of the City to clearly delineate the responsibilities of the
City and District to each other;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota:
1. The Mayor and City Manager are hereby authorized and instructed to execute the
Memorandum of Understanding with the Minnehaha Creek Watershed District.
• Adopted by the City Council of the City of Hopkins this 15 day of September, 2009.
ATTEST:
Terry Obermaier, City Clerk
By
Eugene J. Maxwell, Mayor