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SC.ANDIA
Staff Revort
Date of Meeting: December 17, 2013
To: City Council
From: Kristina Handt, City Administrator
Re: MOU with Car-Mar
Background:
At the joint meeting with the Carnelian Marine St. Croix Watershed District in May,the Council
reviewed a draft memorandum of Understanding. Planner Buss' report is included in your packet with
additional background.
Issue:
Should the City approve the draft MOU with the Carnelian Marine St.Croix Watershed District?
Proposal:
The MOU as discussed in May is included in your packet as Resolution 12-17-13-02. The MOU lays out
what the City and Watershed agree to do in order to coordinate reviews of land use applications. Most of
what is agreed to has already been happening.
The watershed board approved the MOU at their December 11,2013 meeting.
Options:
1) Approve Resolution 12-17-13-02
2) Amend and then Approve Resolution 12-17-13-02
3) Do not approve Resolution 12-]7-13-02
Recommendation:
Approve Resolution 12-17-13-02
CITY OF SCANDIA,MINNESOTA
RESOLUTION NO. 12-17-13-02
RESOLUTION ADOPTING THE
MEMORANDUM OF UNDERSTANDING (MOU)BETWEEN THE CITY OF SCANDIA
AND THE CARNELIAN-MARINE-SAINT CROIX WATERSHED DISTRICT
(CMSCWD)
WHEREAS, in September 2010, the CMSCWD (the "District") adopted its revised
Water Resource Management Plan (WRMP) 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 the Minnesota Statutes 103B and
103D; and
WHEREAS, the WRMP incorporates the Rules adopted by the District to protect water
resources, improve water yuality, prevent flooding and otherwise achieve the goals of Minnesota
Statutes Chapters 103B and 103D; and
WHEREAS, the City has developed and adopted its Local Water Management Plan
(LWMP), Appendix E of the City of Scandia Comprehensive Plan, that describes the existing
and proposed physical environmental and land use within the City and sets forth an
implementation plan for bringing local water management into conformance with the District's
WRMP in accordance with the requirements of MN Statutes 103B.325 and 473.859; and
WHEREAS, the Local Water Management Plan has been reviewed and approved by the
Carnelian Marine St. Croix Watershed District, the Comfort Lake Forest Lake Watershed
District,the Rice Creek Watershed District and the Metropolitan Council,; and
WHEREAS, the City's LWMP includes a policy that the District continue being
responsible for implementation of the District's rules and permitting program; and
WHEREAS,the City is responsible for regulating land use an development and manages
the review of zoning applications and permits that frequently require information, comments and
coordination with the District; and
WHEREAS, the City and the District recognize that the objectives of the WRMP and
LWMP can best be realized through close coordination and cooperation between their respective
staffs and officials during the review of zoning applications permit applications, environmental
reviews, site visits and inspections;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does enter into this MOU in order to document the understanding of the City and the
City Council Resolution No.: 12-17-13-02
Page 2 of 4
District as to the roles and responsibilities of each for coordination of regulatory and enforcement
activities, land use reviews and permitting related to surface and ground water management and
erosion and sediment control. The MOU applies within those portions of the City of Scandia
lying within the District. Through these procedures and processes both parties will give due
consideration to water and related land resources for which the City and District have regulatory
responsibilities.
COORDINATION COMMITMENTS
Each party commits to a comprehensive coordination process for the activities identified below
or other regulatory and permitting actions that involve both parties. This process shall begin
early in the application and permitting process at each organization.
• For purposes of this agreement Coordinators shall be designated by the City and the
District, respectively. The designated Coordinators shall be responsible for coordinating
all activities between the City and the District.
The Cit� er�to:
• Provide copies of zoning permit applications to the District, including subdivision
applications, variance applications, and other zoning applications for activities proposed
within the District that may impact surface or ground waters, floodplain or shoreland
areas, or require District or MPCA permits. The City will provide copies of the
applications to the District within five (5)working days of the date when the application
is determined to be complete. The City will provide information regarding the process
and schedule for application review, and the date that comments are needed from the
District in order to be considered in the review of the applications.
• Provide copies of environmental reviews (EAW's, EIS's, AUAR's) submitted to the City
for projects within the District. The City will provide copies of the environmental review
documents within five (5)working days of the date when the document is received by the
City, and will provide information regarding the process and schedule for review and the
date when comments are needed from the District in order to be considered in the review
document.
• Incorporate the comments of the District, such as permit reyuirements, required best
management practices, and other recommendations and conditions, in the staff reports
and recommendations for zoning permit applications.
• Contact District staff to inform them when the City receives inquiries from property �
owners that proposed work within shoreland and floodplain areas.
City Council Resolution No.: 12-17-13-02
Page 3 of 4
• Conducf staff site visits with District staff as requested to share information and assess
the potential impact from proposed activities to take place in shoreland and/or floodplain
areas.
• Inform the District, within 24 hours, of reported shoreland or floodplain permit
violations. If the violation appears to have included work below the Ordinary High Water
elevation and/or wetlands, the City or the District will report the activity to the DNR
Conservation Officer and Area Hydrologist.
• Provide information to City residents on the City's website regarding contacts for
reporting possible violations of state or local regulations observed by residents during
non-business hours.
The District a rees to:
• Contact the City when the District receives inyuiries from property owners that propose
work within shoreland and floodplain areas.
• Advise the City of all permit applications to the District for areas of the City having
territory within the District.
• Participate in site visits as requested to share information and assess the potential impact
from proposed development projects and projects proposed in shoreland and/or floodplain
areas or other areas of the District.
• If reyuested by the City, assist in making determinations on the need for and type of
permit that may be reyuired including District, WCA (Wetland Conservation Act), DNR,
and COE (U.S. Army Corps of Engineers)permits.
• Notify the City when a permit has been issued. District staff shall coordinate site
inspections with City staff when needed and will provide copies of inspection reports to
the City.
• Inform the City, within 24 hours, of reported shoreland or floodplain permit violations. If
the violation appears to have include work below the Ordinary High Water elevation
and/or wetlands,the District or the City will report the activity to the DNR Conservation
Officer and Area Hydrologist.
• If requested by the City or DNR, provide technical assistance for the preparation of
wetland and shoreland restoration plans.
The procedures outlined herein shall be effective immediately upon signature of the City and the
District, and shall remain in effect until decided otherwise by either party.
City Council Resolution No.: 12-17-13-02
Page 4 of 4
Adopted by the Scandia City Council this 17t" day of December, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
Adopted by the Carnelian-Marine-St. Croix Watershed District this_day of_, 2013
Board Chair
Jim Shaver, District Administrator