Appendix A•
�J
APPENDIX A
Water Resource Related Agreements
171
•
1]
• JOINT POWERS AGREEMENT
Between the City of Shorewood •
and
the Minnehaha Creek Watershed District
This Agreement is made this day of March, 2008, by and between the City of
Shorewood, a body corporate and politic and a statutory city in the State of Minnesota
( "City ") and the Minnehaha Creek Watershed District, a watershed district with purposes
and powers as set forth in Minnesota Statutes Chapters 103B and 103D ( "MCWD ").
This Agreement is executed under authority of Minnesota Statutes §471.59, which
permits two or more governmental units to jointly and cooperatively exercise any power
common to each of them.
Recitals and Statement of Purpose
WHEREAS, a majority of the City of Shorewood lies in the Minnehaha Creek Watershed
District, and the MCWD serves as the Local Governmental Unit responsible for
administering the Wetland Conservation Act within that area;
WHEREAS, the remainder of the City of Shorewood lies in the Riley Purgatory Bluff
Creek Watershed District ( RPBCWD), and the RPBCWD has affirmatively and
voluntarily committed in writing to transfer all local permitting authority, including its
responsibility for administering the Wetland Conservation Act, to the City of Shorewood
effective December 31, 2007;
WHEREAS, the City has requested that the MCWD provide services as the Local
Government Unit responsible for administering the Wetland Conservation Act for the
entire City, including the area that lies within the RPBCWD;
WHEREAS, the RPBCWD previously held General Permit #1997 -6113 from the
Minnesota Department of Natural Resources, which allowed the RPBCWD to permit
certain Public Waters work projects without requiring an individual permit, and the
RPBCWD affirmatively and voluntarily requested the withdrawal of this General Permit,
and the Department of Natural Resources granted this request on February 25, 2008,
effectively immediately;
WHEREAS, the MCWD holds General Permit 42001 -6009 from the Minnesota
Department of Natural Resources, which allows the MCWD to permit certain Public
Waters work projects without requiring an individual permit, and the City has requested
that the MCWD exercise this authority for the entire City, including the area that lies
within the RPBCWD;
NOW, THEREFORE it is mutually agreed by and between the parties as follows:
1.0 Wetland Conservation Act Administration 0
• L.1 The MCWD will serve as the Local Government Unit responsible for •
administering the Wetland Conservation Act for the entire City, including the area that
lies within the RPBCWD.
1.2 The MCWD will not charge the City for providing these services, but may charge
fees to permit applicants, and otherwise exercise enforcement powers as authorized by
law, including Minnesota Statutes Sections 103D.345, 103G.2242, and 103G.237.
2.0 Department of Natural Resources General Permit Administration
2.1 Upon approval in writing from the Department of Natural Resources, the MCWD
will exercise its authority under General Permit 2001 -6009 from the Department of
Natural Resources for the entire City, including that area that lies within the RPBCWD to
regulate riprap shoreline protection, intakes and storm sewer outfalls, retaining walls,
excavation for navigation, excavation for wildlife enhancement, excavation for
bioengineering, ice ridge removal, and bridges and culvert crossings, pursuant to the
MCWD Rules, as they may be amended from time to time.
2.2 The MCWD will not charge the City for providing these services, but may charge
fees to permit applicants, and otherwise exercise enforcement powers as authorized by
law, including Minnesota Statutes Section 103D.345.
3.0 Indemnification •
Each party hereby holds the other party harmless, and agrees to defend and indemnify the
other party from and against any and all suits, actions, causes of actions, proceedings,
claims, costs and damages arising out of the indemnifying party's action or inaction,
except to the extent resulting from an action or inaction of another parry or third party for
which the other parry or third parry independently would be subject to liability.
4.0 Termination
4.1 This Agreement may be terminated at any time for any reason by either party
upon providing 90 days advance notice in writing.
4.2 The MCWD will terminate the exercise of authority under General Permit 2001-
6009 for the area of the City that lies within the RPBCWD in the event that the
RPBCWD obtains a new General Permit from the Department of Natural Resources, and
communicates in writing to the City and the MCWD that it desires to resume the exercise
of such authority within the City.
4.3 In the event of the termination of this Agreement, the parties pledge to cooperate
in developing a transition plan to address pending permit applications and ongoing
• enforcement responsibilities. •
2
• 5.0 Amendment
This Agreement may be amended only by a writing signed by both of the parties.
6.0 Notices
Any written communication required under this Agreement shall be addressed to the
other parry as follows, except that any parry may change its address for notice by so
notifying the other parties in writing:
To MCWD:
Administrator
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
To City:
Administrator
City of Shorewood
• 5755 Country Club Road
Shorewood, MN 55331
7.0 Reservation of Powers
Nothing in this Agreement shall limit either parry's lawful exercise of its regulatory
authority.
IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and
deliver this Agreement.
0 0
K
MINNEHAHA CREEK WATERSHED DISTRICT •
By:
Its:
•
Approved as to Form and Execution:
District Counsel
CITY OF SHOREWOOD
By:
Its:
Approved as to Form and Execution:
City Attorney
0 0
9