2011-07-20 CC Agenda PacketPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable
cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community.
AGENDA
MOUND CITY COUNCIL WEDNESDAY, JULY 20,2011 — after 6:30 HRA meeting
SPECIAL MEETING MOUND CITY COUNCIL CHAMBERS
Page
1. Open meeting
2. Consideration of future of permitting responsibility for Minnehaha 1 -10
Creek Watershed District rules, with any necessary action
3. Adjourn
Note: This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting
agendas may be viewed at City Hall or at the City of Mound web site: www. cioy (mound. com
5341 Maywood Road
Mound, MN 55364
(952) 472 -0604
Memorandum
To: Honorable Mayor and City Council
From: Sarah Smith / Carlton Moore / Kandis Hanson
Date: July 13, 2011
Re: Local Management and Permitting Authority for Minnehaha Creek Watershed Rules
Background. Municipalities are required to revise their plans for consistency within two (2) years
following approval of an updated Minnehaha Creek Watershed District Plan. Members are advised that
the "new" MCWD plan was adopted in July 2007. Mound's 2009 update to the Mound Surface Water
Management Plan (SWMP), which is a component of the Comprehensive Plan, was submitted to the
Minnehaha Creek Watershed District and was approved on June 18, 2009 and subject to a condition that a
Memorandum of Understanding be approved which allows local management and permitting authority
for stormwater, erosion control, wetland and floodplain activities.
The MCWD prepared new rules related to wetlands, floodplain, shoreline and streambank stablilization,
waterbody and crossings and erosion control that were adopted on September 1, 2010. The also prepared
MCWD stormwater rules were adopted on June 1, 2011. As the City currently has permitting
responsibility for Rules B (erosion control), C (floodplain control), D (wetland protection, and N
(stormwater management), it is required to update its ordinances within a specified timeframe after the
MCWD has amended its rules that are materially equivalent to their rules. Municipalities were given a 1-
year deadline by the MCWD to update their ordinances, that being September 1, 2011.
Staff is respectfully requesting review and discussion with the Council related to whether the City wants to
retain or return permitting authority for the rules or portions thereof.
Details regarding the City's current permitting authority are outlined in the current Memorandum of
Understanding, dated 9 -17 -2009. Sections 1.4 and 3.3 outline the City's requirement to maintain local
management and permitting of the rules (or portions thereof) as well as the process to maintain or
turnback this responsibility.
Comments /Discussion Points.
• Impacts on a shrinking City staff to implement more rules.
• Rules have becoming more complex and Staff does not have sufficient knowledge to continue local
management and permitting authority.
• More onerous rules may cause resident concern(s) which are a result of the MCWD not City
actions, which MCWD is best to account for.
MEMORANDUM of UNDERSTANDING
Local Water Planning and Regulation
Minnehaha Creek Watershed District and the City of Mound
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 1038 and 103D (MCWD), and the City of
Mound, a body corporate and politic and a statutory city in the State of Minnesota.
Recitals and Statement of Purpose
WHEREAS in 2007 the MCWD revised its watershed management plan (WMP)
under Minnesota Statutes §1036.231, 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 1031);
WHEREAS the WMP 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 10313;
WHEREAS Mound has developed a local water management plan under
Minnesota Statutes §10313.235 that describes the existing and proposed physical
environment and land use within Mound and sets forth a regional subwatershed based
capital improvement implementation plan for bringing local water management into
conformance with the WMP;
WHEREAS on dune 18, 2009, the MCWD Board of Managers approved Mound's
local water management plan by adoption of Resolution 09 -062, attached and
incorporated herein and that requires, as a precondition of approval, that Mound and
the MCWD enter into this MOU to memorialize their respective roles as to water
resource protection and management within city boundaries;
WHEREAS Mound currently exercises sole regulatory authority within city
boundaries with respect to matters now subject to regulation under MCWD Rules B
1
(erosion control), C (floodpiain alteration), D (wetland protection), and N (stormwater
management) and wishes to continue to exercise sole authority;
WHEREAS MCWD approval of a local plan requires a finding that municipal
ordinances are at least as protective of water resources as the MCWD Rules;
WHEREAS the finding by the MCWD Board of Managers that Mound's municipal
ordinances meet this criterion rests on Mound's commitment to adopt ordinances that
are materially equivalent to MCWD Rules B (erosion control), C (floodplain alteration), D
(wetland protection), and N (stormwater management);
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.
1.0 Resconsibilities of Mound
1.1 Mound retains and may exercise all municipal authority to issue permits for and
regulate activities within its boundaries that affect water resources.
1.2 Within 180 days of June 18, 2009, Mound will adopt an ordinance or ordinances
meeting the terms of this MOU, with the written determination of MCWD staff that the
ordinance(s) is or are materially equivalent to MCWD Rule B, C, D, or N. If this
requirement is not met, the MCWD will reassert its regulatory authority under Rules B,
C, D, and N for activities that have not received all required approvals under Mound's
water resource ordinances as of that date.
1.3 In accordance with Minnesota Statutes § 1036.211, subdivision 1(a)(3)(ii), the
MCWD must approve the granting of any variance under a Mound ordinance for which
the MCWD has ceased to exercise regulatory authority.
1.4 Within 180 days of written MCWD notice that it has revised a rule for which
Mound exercises sole authority pursuant to paragraph 1.2, Mound must revise its
ordinance(s) to maintain material equivalence and obtain MCWD concurrence in the
revision. MCWD will provide the City of Mound with Rule language as part of this
notification. Alternatively, Mound may ask the MCWD to reassert its own regulatory
authority as to that rule.
2 -
1.5 Mound will designate a staff member as the official point of contact for
regulatory matters under this MOU. Mound will:
a. Maintain a log of permits issued or considered under its water resource
ordinance(s), and include In the log the permit site location, the date the
application was received and /or issued, and a brief description of the project.
This fog will be forwarded to the District annually and made available upon
request.
b. Notify the MCWD of work by Mound subject to the ordinances governed by this
MOU prior to initiation of work.
c. Include the MCWD as a recipient of any public notices as provided in the
ordinances governed by this MOU for MCWD staff to review and forward
comments on the project.
d. Provide available project plans and specifications to the MCWD on request.
Mound and the MCWD will meet by March 1 st annually to review Mound's regulatory
activity under this MOU.
1.6 Annually, by the date specified for Mound's submittal of its annual report under
its NPDES municipal stormwater permit, Mound 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. The permit log described in paragraph 1.5, above.
e. A listing, with further specific available 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.
c
Mound 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, to activity within Mound, except as provided under paragraph 1.2,
above. Specifically, but not exclusively, the MCWD will continue to apply its rules: (a)
other than those regarding erosion control, floodplain alteration, wetland protection,
and stormwater management; and (b) to actions by parties to whom Mound's
ordinances do not apply. The MCWD will continue to perform NPDES compliance
monitoring pursuant to its joint powers agreement with the Minnesota Pollution
Control Agency and may. perform similar regulatory activities by agreement with other
public bodies.
2.2 Mound and the MCWD will meet at least annually to review Mound's regulatory
activity under this MOU.
2.3 The MCWD retains all authority that it may possess under Minnesota Statutes
Chapters 1036 and 103D and any other provision of law, except as explicitly
withdrawn under this MOU, including but not limited to authority set forth at
Minnesota Statutes § §1036.21 1, subdivision 1(a); 10313.335 and 103D.341. The
MCWD may use its authority under Minnesota Statutes §103D.335, subdivision 14, to
inspect work subject to Mound permits whether or not the work is subject to an MCWD
permit.
3.0 General
3.1 If the MCWD has reason to believe that Mound is not adequately implementing
its regulatory program as approved, it may engage Mound in a review of its concerns.
If the MCWD Board of Managers, after engagement with Mound and a public hearing,
finds that Mound is not adequately implementing its regulatory program, it may by
resolution reassert MCWD regulatory authority as to all actions that have not yet
received all required approvals under Mound water resource ordinances. The Board
may consider whether: (a) ordinances have been adopted and conform to standards
approved by the MCWD; (b) ordinances have been applied as written and MCWD
approval of variances has been sought per §1036.211; (c) technical expertise and
H
program resources as described in the local plan have been maintained: and (d)
compliance has been reasonably monitored and enforced.
3.2 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, Mound 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.
3.3 At any time, the City of Mound may, with 60 days written notice, authorize
MCWD to reassert its authority for any rule reposed solely to Mound under this MOU.
However, if such notification results from an amendment to any such rule, the notice
period will be the lesser of 60 days, or the effective date of the amendment. MCWD
agrees that it is obligated to accept such reassertion of authority. Upon return of said
authority to MCWD, Mound shall no longer be bound by the requirements of this
Memorandum under sections 1.2, 1.3, 1.4, 1.5, 1.6 d and 3.1 as they relate to that
rule, except for permits issued prior to the date on which the MCWD reassumed
authority which shall remain under Mound's WMP permitting authority. Mound shall
remain as permitting authority for any and /or all remaining rules as authorized by the
City and MCWD in this MOU.
3.4 This MOU shall not be deemed to confer upon Mound any authority or
obligation with respect to any present or future MCWD Rule other than those
specifically mentioned herein.
3.5 This MOU may be amended only by a writing signed by both parties.
k ,
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding.
CITY OF u
By--r-- _- — -
Mayor
MINNEHAHA CREEK WATERSHED DISTRICT
BY rresid -----'d''-------------------
of Managers
Date:
By - - -- ------ - - - - --
City anager
Date:
Date: / 7 – 0 �
APPROVED AS TO FORM AND
EXECUTION
2
Minnehaha Creek Watershed District REQUEST FOR BOARD ACTION
TITLE: City of Mound Local Water Management Plan — Approval
ITEM TYPE:
®Action ❑Consent
❑Discussion ❑Information
PREPARED BY:
Nathaniel Kale
TELEPHONE:
952471 -0590 x 229
E -MAIL:
nkale @minnehahacreek.org
REVIEWED BY:
❑ Administrator ❑ Board Committee
® Counsel ❑ District Engineer
❑ Consulting Engineer ❑ District Technician
® Planner/Program Mgr ❑ Communications
❑ Other
Date: $118108
FIWAUFTE Impact:
® None
❑ Amount included in current budget
❑ Budget amendment requested.
❑ Project /prograrn adjustment needed for FTE
❑ FTE included In current complement
❑ New FTE(s) requested
❑ Other (include explanation in text).
PURPOSE or ACTION REQUESTED:
Conditional approval of the City of Mound Local Water Management Plan
SUMMARY:
The City of Mound has submitted a Local Water Management Plan for MCWD review and approval. The
historic timeline of the review is as follows:
• April 17, 2008: City of Mound submits Local Water Management Plan (LWMP) to MCWD for review
• April 25, 2008: MCWD administratively denies Mound LWMP
• May 5, 2008: MCWD staff discusses Mound LWMP with Metropolitan Council
• September 4, 2008: City of Mound submits-revised LWMP
• October 22, 2008: Second administrative denial of LWMP
• November 12, 2008: City of Mound submits second revision of LWMP
• December 2008 = April 2009: Staff discussions regarding Lake Minnetonka floodplain elevation
The City of Mound has updated the draft plan to reference information consistent with State Rules Chapter
8410 and Minnesota Statute 103B..235 and also reference the policies identified in the 2007 MCWD
Comprehensive Water Resources Management Plan. The City has proposed to retain implementation
authority for MCWD Rules B, C, D, and N; implementation for other MCWD Rules will remain with the MCWD.
The City has proposed to retain Minnesota Wetland Conservation Act Local Government Unit status. MCWD
staff 'has verified that the Local Water Management Plan is generally consistent with the goals and policies of
the Watershed District. The following items are included for review in this packet:
• Plan Summary
• MCWD official denial letter, October 2008
• District Engineer review, October 2008
• Minnetonka F000dplain Memo, December 2008
STAFF RECOMMENDATION:
Staff recommends the Board approve the City of Mound's Local Water Management Plan effective on the
execution by MCWD and the City of Mound of a Memorandum of Understanding materially equivalent to the
Memorandum included in this packet as resolution 09-063 within 60 days of the passage of this resolution.
EXPLANATION OF FISCAUFTE IMPACT:
Local water resource management plans reviews are budgeted for 2009.
RESOLUTION
RESOLUTION NUMBER: 09-062
TITLE: City of Mound Local Water Resources Management Plan - Approval
WHEREAS, on July 5, 2007, the MCWD adopted amendments to its comprehensive watershed management
plan' under Minnesota Statutes § 10313.231, which, as amended, details the existing physical
environment, land use and development in the watershed and established a plan to manage water
resources and regulate water resource use to improve water quality, prevent flooding and otherwise
achieve the goals of Minnesota Statutes Chapters 1038 and 103D; and
WHEREAS, the MCWD Comprehensive Water Resources Management Plan, as amended 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 1038 and 103D; and
WHEREAS, the City of Mound completed a draft Local Water Management Plan and submitted it to the MCWD
for review and approval in 2008; and
WHEREAS, MCWD reviewed the draft Plan and provided detailed review comments to the City for
consideration and incorporation into the Plan; and
WHEREAS, the City subsequently prepared and submitted revisions to the Local. Water Management Plan for
MCWD to review; and
WHEREAS, MCWD reviewed the revised plan and provided further comments to the City for consideration and
incorporation into the Plan; and
WHEREAS, the City of Mound prepared and submitted final revisions for the Local Water Management Plan to
MCWD which incorporated MCWD review comments; and
WHEREAS, the MCWD has determined that the final revised Plan, on occurrence of the conditions stated
below, will be consistent with the MCWD Water Resources Management Plan; and
WHEREAS, the Metropolitan Council has received the Local Water Management Plan and has. provided its
written to the MCWD and the District has fully considered the comments; and
WHEREAS the MCWD has determined that the Plan generally meets the requirements for local plan approval
set forth in the MCWD's watershed management plan; and
WHEREAS the City wishes to continue to exercise authority as the Local Government Unit for the Minnesota
Wetland Conservation Act; and
WHEREAS the City presently exercises, and wishes to continue to exercise, sole regulatory authority for
activities subject to MCWD Rules B, C, D, and N; and
WHEREAS the MCWD's ability to approve the Plan rests on the City's agreement to continue to enforce
ordinances that implement all of the requirements,in MCWD Rules B, D, and N within those parts of the
City where the MCWD has jurisdiction, as well as the City's agreement to update said ordinances within
180 days of the revision and adoption of Rules B., C, D, or N by MCWD;
NOW, THEREFORE, BE IT RESOLVED, that the MCWD hereby approves the City of Mound Local Water
Management Plan, effective on the fulfillment of the following conditions:
a. MCWD and the City of Mound execute the Memorandum of Understanding included as Resolution
09-063 in this Packet or a substantially equivalent Memorandum. within 60 days of the passage of
this resolution, establishing implementation and annual reporting responsibilities between the
MCWD and the City.
Resolution Number 0"63 was moved by Manager seconded by Manager
Motion to adopt the resolution ayes, nays, abstentions. Date:
Date:
Lee Keeley, Secretary