22-128 To Approve Programmatic Maintenance Agreement with Minnehaha Creek Watershed DistrictCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 22-128
A RESOLUTION TO APPROVE PROGRAMMATIC MAINTENANCE AGREEMENT
WITH MINNEHAHA CREEK WATERSHED DISTRICT
WHEREAS, pursuant to Minnesota Statutes § 103D.345, the Minnehaha Creek
Watershed District (MCWD) has adopted and implements the Stormwater Management
Rule, and Wetland Protection Rule; and
WHEREAS, under the Stormwater Management Rule, certain land development activity
triggers the requirement that the landowner record a declaration establishing the
landowner's perpetual obligation to inspect and maintain stormwater-management
facilities; and
WHEREAS, in each case, a public landowner, as an alternative to a recorded
instrument, may meet the maintenance requirement by documenting its obligations in
an unrecorded written agreement with the MCWD;
WHEREAS, Shorewood maintains a Capital Improvement Plan that includes projects
that occasionally is subject to stormwater management and wetland buffer maintenance
requirements, pursuant to the terms of an MCWD permit;
WHEREAS, Shorewood must implement an operations and maintenance program that
prevents or reduces the discharge of pollutants from City -owned and operated facilities
and operations per the City's authorization to discharge stormwater associated with
small Municipal Separate Storm Sewer Systems (MS4) under the National Pollutant
Discharge Elimination System (NPDES) / State Disposal System (SDS) program
(Permit MNR040000) as administered by the Minnesota Pollution Control Agency
(MPCA); and
WHEREAS, the Shorewood and the MCWD concur that it is clearer and procedurally
more efficient for the MCWD and Shorewood to agree at this time on standard
requirements for stormwater management and wetland buffer protection so that this
agreement may be incorporated into future permits as applicable; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
The City of Shorewood hereby approves the Programmatic Maintenance Agreement for
Stormwater Management and Wetland Protection with the Minnehaha Creek Watershed
District.
IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized
to execute the Agreement.
Passed by the City Council of Shorewood, Minnesota this 12th day of December 2022.
Jen er L adie, Mayor
st:
andie Thone, City Clerk