01-13-2003 Council Packet - Laserfiche WebLink

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SWMP January 9,2002 Page 2 v)V*b. c. d. e. City shall incorporate the MCfVD wetlands functions and values assessment into the Orono SWMP within 120 days of its submittal to the City. City Staff Comments: Preparation of the SWMP by Bonestroo and Associates included detailed study of the functions and values of approximately one-fifth of the City’s wetlands, those which were directly related to existing or proposed stormwater facilities. The wetland data developed by MCWD as part of its assessment of all wetlands in the watershed will be a valuable addition to Orono ’s SWMP. City shall adopt an erosion control ordinance that is at least as protective as MCWD Rule B within 6 months of execution of the Memorandum of Understanding. City Staff Comments: The City Engineer ’s office is drafting a suitable erosion control ordinance which will be reviewed by staff and submitted for MCWD review prior to review and adoption by Council later this year. City will not otherwise amend the Plan before adoption. City Staff Comments: Future amendments, such as requests to assume added jurisdictional responsibilities, will follow the formal review process spelled out in the SWMP. City shall amend the Plan language to state the following: 1. That the City does not presently have official controls in place that will provide for protection of water resources to the same degree as the MCWD Rules. 2. That the Plan shall ensure protection of water resources within the City to the same degree as achieved by the MCWD Rules by authorizing MCWD to continue to require permits for the use and development of land, and otherwise exercise its regulatory authority, within the meaning of Minnesota Statutes 103B.21 1. subd. l(a)(3)(l). City Staff Comments: We recognize that a number of ordinance revisions will be necessary prior to our assumption of jurisdiction over the various permitting responsibilities. Staff expectation is that ordinances will be developed that will result in the same or greater degree of protection as that of MCWD rules. That being said, staff is somewhat concerned that the language of item e2 may grant MCWD some authority they don’t already have by statute, and would make it more difficult for the City to assume certain jurisdictional responsibilities. The City Attorney is reviewing this and will have more information for Monday’s meeting. Stafl* Recommendation Pending the City Attorney’s comments regarding item e2, staff does not see any of the MCWD’s approval conditions as posing any undue problem, and it is staffs recommendation that the Plan be adopted subject to the MCWD approval stipulations. The process of developing and completing the SWMP to the satisfaction of the City and MCWD has been a long and winding road. Credit is due Drew Budelis of Bonestroo & Associates for his perseverance in bringing the Plan to completion.