HomeMy WebLinkAboutResolution 4911 .� !. `�,�.�
� O� • _
• O \ O
'� - CITY of ORONO
�
�
.,.;... � �
ti
��L �G~' � RESOLUTION OF T�HE�CI�TY�COUNCI L
`9kEsI30�' � . NO. �
A RESOLUTION ADOPTING �
THE CITY OF ORONO �
SURFACE WATER MANAGEMENT PLAN .
� . WHEREAS,the City of Orono is a municipal corporation located within Hennepin
County and within the planning jurisdiction of the Metropolitan Council and the Minnehaha Creek
Watershed District; and � ,
. WHEREAS,the City of Orono has for many decades embraced the philosophy of
preservation of Lake Minnetonka and other area lakes through wise land use and proper management
of the City's surface water resources; and �
' WHEREAS,in 1974 the Orono Surface Water Management Plan was established
- and subsequently incorporated into the 1980 Orono Community Management Plan(CMP); and
• WHEREAS, in 1982 the Minnesota Legislature passed the Metropolitan Surface
Water Management Act which per Minnesota Statutes Chapter 103B requires the adoption and
implementation of local water management plans; and
. WHEREAS, in 1997 the Minnehaha Creek Watershed District (MCWD) adopted
' amendments to its comprehensive watershed mana;ement plan which as amended details the .
existing physical environment,land use and development in the watershed and established a plan to
manage�vater resources and regulate the use of water resources to improve water quality,prevent
floodin�and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; and �
`VHEREAS, pursuant to MCWD requirements and the provisions of Minnesota
Statutes 103B.235 the City of Orono prepared an amended and updated draft Surface Water
Management Plan and on January 17, 2001 pursuant to published and posted notice the Orono
Planning Commission held a public hearing regarding the Plan; and � �
`VHEREAS,in 2001 the amended and updated Surface Water Management Plan was.
submitted to the MCWD and to the Metropolitan Council for review; and
`VHEREAS, the Metropolitan Council provided review comments to the City and .
to the MCWD in a letter dated June 22, 2001; and
`VHEREAS, pursuant to detailed review comments provided to the City by the
� NICWD during 2001 and 2002,the City prepared and submitted final revisions of the SWMP to the
MCWD; and
Page 1 of 3
1 . Y •
' L ,' .
� O� .
• O �' � O
� CITY of ORONO
a , ° -->.,,.. �
, ti
�',�� �p'�' RESOLUTION OF THE CITY COUNCIL
� � �kESI3�g' NO. � � � �. .
WHEREAS,on December 19,2002 the Minnehaha Creek Watershed District Board
adopted Resolution Number 019-02 Approving the City of Orono's Local Water Resources
Management Plan, finding that the Plan meets the requirements for local plan approval set forth in
the MCtiVD's Water Resources Management Plan, including that the City has demonstrated draft
official controls described in the Plan will protect the MCWD's water resources at least as well as
the MCWD's rules; and
WHEREAS,the MCWD approval resolution noted that MCWD's ability to approve
the Plan rests on the City's agreement that the MCWD will continue to exercise its present regulatory
authority within those parts of the City where the MCWD has jurisdiction except for Rule B Erosion
and Sediment Control regulatory authority; and
WHEREAS,it is the intent of the City of Orono as stated within the SWMP Section
1.7 to assume permitting responsibility for Erosion and Sediment Control Regulatory Authority as
soon as official controls are in place, and to in the future assume authority over additional
• jurisdictional responsibili#ies; and � . .
WHEREAS,the MCWD approval resolution indicated that approval is subj ect to the .
fulfillment of a number of conditions, including:
a. City and MCWD"shall execute a Memorandum of Understanding establishing
implementation responsibilities between the two bodies. �
' b. City shall incorporate the MCWD wetlands functions and values assessment into the
Orono SV�MP within 120 days of its submittal to the City. �
c. 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.
d. City will not otherwise amend the Plan before adoption.
e. City shall amend the Plan language to srate 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,�yithin the meaning of Minnesota Statutes 103B.21 l, .
subd. l(a)(3)(1).
• �
Page 2 of 3
,� , :�,;
, � ' � .,
. � O�
• O O _
�� CITY of ORON4
9 ' A- .
� , '�.y.� . ~
'�,� ' ' Gti`ti .
RESOLUTION OF THE CITY COUNCIL
. ��kES80g'� � N0. � .� � �, . �
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orono hereby formally adopts the City of Orono Surface Water Management Plan dated December
2002 as the City's official local water management plan pursuant to Minnesota Statutes Section
103B. This Plan shall also be cited as the Surface Water Management Plan or SWMP. The intents,
purposes and policies of the SWMP shall be implemented by the ordinances of the City, which
ordinances shall hereafter be amended as necessary to be in conformance with the objectives of this
Plan. The SWMP may from time to time be amended by resolution of the City Council,followirig
a public hearing and in accordance with the procedures outlined in Section 1.8.3 of the Plan: Any �
amendments shall be subject to review and approval by the MCWD. .
FURTHER BE IT RESOLVED,that City staff and consultants are directed to take
the following actions toward implementation of the Plan: -
1. Develop a Memorandum of Understanding with the MCWD to be executed upon �
� mutual agreement of the City Council and MCWD Board. � �
. • � 2. Incorporate the MCWD wetlands functions and values assessment into the
Orono SWMP within 120 days of its submittal to the City.
�
c. Prepare� for adoption within 6 months of execution of the Memorandum of .. �
Understanding an erosion control ordinance that is at least as protective as
� MCWD Rule B. �
d. Incorporate the alibve noted language revisions required by MCWD into the final �
distribution copies of the SWMP.
Adopted by the City Council of Orono,Minnesota this 13th day of January, 2003.
ATTEST:
�� �� �
Linda S. Vee, City Clerk Barbara Peterson, Mayor
•
Page 3 of 3