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2j. Cooperative Agreement with Minnehaha Watershed District.e CITY OF CHANHASS 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Phillip Elkin, Water Resources Coordinator DATE: May 1, 1996 SUBJ: Cooperative Agreement with the Minnehaha Creek Watershed District A :> Please find the attached copy of the Cooperative .8 eement between the City of Chanhassen and the Minnehaha Creek Watershed District (MC"j. By signing this agreement the MCWD will app bve the�City's Surface Water Management Plan and delegate limited permitting authority to the City of Chanhassen. This agreement is intended to eliminate overlapping permits required byaboth the Ci and MCWD. ; � This agreement has been reviewed by City staff and is c: Charles Folch, City David Hempel Kate Aanen ©ar:P -1 City Engineer for adoption by the City. Smith Parker a professional limited liability partnership Louis N. Smith Andrew D. Parker Waverley Eby Booth Matthew E Johnson April 29, 1996 Mr. Philip Elkin 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Cooperative Agreement Between the City of Chanhassen and the Minnehaha Creek Watershed District Dear Mr. Elkin: Enclosed please find a copy of the Cooperative Agreement between the City of Chanhassen and the Minnehaha Creek Watershed District. Upon execution of the Agreement by the City, please return the Agreement to me and I will have it executed by the Minnehaha Creek Watershed District. If you have any questions, please contact me. Sincerely, Waverley Eby Booth WEB /mb Enclosure 808 Colwell Building 123 North Third Street Minneapolis, MN 55401 Telephone: 612.344.1400 Facsimile: 612.344.1550 E -mail: admin @smithparker.com COOPERATIVE AGREEMENT ' This Cooperative Agreement is made this day of , 1996 by and between the Minnehaha Creek Watershed District, hereinafter referred to as "MCWD," a ' watershed district created pursuant to Minnesota Statutes Chapter 103D, and the City of Chanhassen, hereinafter referred to as "City," a body corporate and politic and a statutory city in the State of Minnesota. ' Recitals and Statement of Purpose ' WHEREAS, in 1993, the MCWD developed a comprehensive watershed management plan under Minnesota Statutes § 103B.231, which details the existing physical environment, land use and development in the watershed and establishes a plan for actively regulating land use and ' water resources to improve water quality and prevent flooding; WHEREAS, the MCWD's comprehensive watershed management plan contains the rules ' adopted by the MCWD to provide for the protection of water resources and control of flooding; ' WHEREAS, the City developed a local water management plan under Minnesota Statutes § 10313.235, which describes the existing and proposed physical environment and land use within the City and sets forth an implementation plan for bringing local water management into ' conformance with the MCWD's comprehensive watershed management plan; WHEREAS, the City's local water management plan has been approved by the MCWD ' as provided in Minnesota Statutes § 10313.235; WHEREAS, the MCWD and City desire to clearly establish the role of the parties in ' regulating certain activities on land and in water within the MCWD and the City; NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties that they ' enter into this Cooperative Agreement in order to document the understanding of the parties as to the regulatory responsibilities of each party. ' Responsibilities of the Parties ' 1.0 Responsibilities of the City I.I. The City will be solely responsible for requiring appropriate stormwater ' management which includes addressing water quality, water quantity, grading and erosion within the City. The City will regulate these activities in accordance with Part I, section VI -B of the City's approved local water management plan and City ordinance 178. ' 1.2 The City will be solely responsible for the regulation of wetlands under the Wetland Conservation Act in accordance with the City's approved local water management plan and City ordinances 180 and 202. 1 1 1.3 The City, in conjunction with the MCWD, will regulate the use and development of land within the floodplain. The City will regulate such use and development in accordance with the City's approved local water management plan and the City's Floodplain Ordinance (Chapter 20, Article V). The MCWD will regulate the use and development of land within the II floodplain to ensure no net loss of floodplain storage. 1.4 The City, in conjunction with the MCWD, will provide for the protection of shoreland. The City will manage shoreland in accordance with the City's approved local water management plan and City ordinance 217. 1.5 The City will not issue a variance for activities, which are not in compliance with the City's approved local water management plan or the above - referenced ordinances, prior to approval of the variance and variance conditions by the MCWD. Upon receipt of a request for a variance, the City will notify the MCWD of the variance request and transmit the variance request and all supporting documentation to the MCWD. The MCWD will act on the variance request within 30 days of receipt of the variance request and supporting documentation. 2.0 Responsibilities of the MCWD 2.1 The MCWD will continue to apply and enforce MCWD Rule C "Floodplain Alteration" within the City to ensure that there is no net loss of floodplain storage. 2.2 The MCWD will continue to apply and enforce MCWD Rule D "Dredging" within the City. 2.3 The MCWD will continue to apply and enforce MCWD Rule F "Shoreline Improvement" within the City to address shoreline improvements not otherwise being regulated by the City. 2.4 The MCWD will continue to apply and enforce MCWD Rule G "Stream and Lake Crossings" within the City. 2.5 The MCWD will continue to require the licensing of persons engaged in dredging within the City in accordance with MCWD Rule K "Dredging Contractor License." 2.6 The MCWD will continue to require the licensing of persons engaged in construction of shoreline improvements within the City in accordance with MCWD Rule M "Shoreline Improvement Contractor Licenses." 2.7 The MCWD will continue to apply MCWD Rule A "Procedural Requirements" when appropriate within the City. 2.8 The MCWD will continue to use Rule H "Enforcement" when appropriate within the City. 2 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.9 The MCWD will continue to apply Rule I "Variances" when approving a variance from the City's approved local water management plan or the City ordinances listed in section I of this Cooperative Agreement and MCWD Rules. 2.10 The MCWD will continue to apply MCWD Rule J " Fees Charged in Certain Cases" when appropriate within the City. 2.11 The MCWD retains the right to enforce MCWD Rule B "Stormwater Management Plan for Individual Projects," MCWD Rule D "Wetland Alteration," and MCWD Rule L "Wetland Conservation Act," in the event that the City is unable or unwilling to carry out its obligations listed in section I of this Cooperative Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the day and year above written. MINNEHAHA CREEK WATERSHED DISTRICT By President, Board of Mangers And Its APPROVED AS TO FORM AND LEGALITY AND EXECUTION By Its Attorney 3 CITY OF CHANHASSEN By Mayor And Its APPROVED AS TO FORM AND LEGALITY AND EXECUTION Its Attorney El