HomeMy WebLinkAbout5H, Resolution 2012-028 - Adopting the Loc ,- EN HILLS
Request for Council Action
Prepared By: John Anderson, Assistant City Engineer Council Meeting Date: August 27, 2012
Resolution 2012-028—Adopting the Local Surface Water Management Plan
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
Approve Resolution 2012-028 Adopting the Local Surface Water Management Plan.
Supporting Documents:
1. Memorandum dated August 27, 2012, from John Anderson,Assistant City Engineer.
2. Letter from RCWD dated August 17,2012.
3. RCWD Board's Resolution to Approve Arden Hills LSWMP.
4. Resolution 2012-028 Adopting the Local Surface Water Management Plan.
'It
EN HILLS
MEMORANDUM
DATE: August 27, 2012
TO: Honorable Mayor and City Councilmembers
Patrick Klaers, City Administrator
FROM: John M. Anderson, Assistant City Engineer
SUBJECT: Adoption of Updated Local Surface Water Management Plan
Background
Minnesota Statute, Sections 103B.201-103B.255, and Minnesota Rule, Chapter 8410, are the
basis for the Surface Water Management Program throughout the metropolitan area. Rice
Creek Watershed District(RCWD) is required to prepare a Local Surface Water Management
Plan (LSWMP) as described in the Statute and Rule. Arden Hills is then required by State
Statute and Rule to prepare a Local Surface Water Management Plan that is consistent with
the plan prepared by RCWD.
Discussion
Rice Creek Watershed District's Water Resource Management Plan was updated in January
of 2012. The updates contained in the Arden Hills LSWMP have been reviewed by the
Metropolitan Council and approved by the Rice Creek Watershed District to ensure the
Arden Hills plan works in concert with other regional plans that have been adopted.
Attached is a letter from RCWD along with the resolution approving the City's plan.
Financial Implications
The financial implications are not specifically totaled up as part of the plan. The plan
includes a great deal of work that could be accomplished by City staff should time become
available
Council Action Requested
Approve Resolution 2012-028 Adopting the Local Surface Water Management Plan.
P:\PR&PW\Numbered Projects\PW-12-0022 Local Surface Water Management Plan\8-27-12 memo LSWMP adoption.doc
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RICIE CREEK WA TIERSHIED D1STRICT
4325 Pheasant Ridge Dr.NE#611 • Blaine,MN 55449-4539
1 f Phone 763-398-3070• Fax:763-398-3088
www.ricecreek.org
August 17, 2012
John Anderson
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
RE: City of Arden Hills LSWMP Approval
Dear Mr. Anderson,
The Board of Managers of the Rice Creek Watershed District (RCWD) is pleased to inform you that at
their August 8, 2012 regular meeting the RCWD approved the City of Arden Hills Local Surface Water
Management Plan as submitted on July 16, 2012.
We appreciate the City's efforts to protect and improve the water resources in Arden Hills and the Rice
Creek Watershed. The District looks forward to collaborating and working together with the City on the
implementation of the Plan. We respectively request that a copy of the City's resolution or motion of
local adoption be forwarded to the District office.
Sincerely
Kyle Axtell
Water Resource Specialist
CC: William G. Moore—Metropolitan Council
Enc: RCWD Resolution 2012-25
BOARD OF 9 Barbara A.Haake Steven P.Wagamon Harley M.Ogata Patricia L.Preiner John J.Waller
MANAGERS Ramsey County Anoka County Ramsey County Anoka County Washington County
RESOLUTION 2012-25
RICE CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
RESOLUTION TO APPROVE ARDEN HILLS
y� LOCAL SURFACE WATER MANAGEMENT PLAN
Manager U offered the following Resolution and moved its adoption, seconded
by Ma nager
WHEREAS on June 9, 2010, the RCWD adopted a new Watershed Management Plan (WMP)
under Minnesota Statutes 103B.231, which details the existing physical environment, land use and
development in the watershed and establishes a plan to manage water resources and regulate water
resource use to improve water quality, prevent flooding and otherwise achieve the goals of Minnesota
Statutes Chapters 103B and 103D;
WHEREAS the WMP incorporates the Rules adopted by the RCWD to improve water quality,
prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 1038 and 1031);
WHEREAS after submission of an initial draft and a process of RCWD review and comment, on
July 16, 2012 the City of Arden Hills (City) submitted its local surface water management plan under
Minnesota Statutes 1036.235 for formal RCWD review and approval;
WHEREAS the Metropolitan Council received a copy of the local plan and provided comments on
that plan to the RCWD in accordance with Minnesota Statutes 103B.235, and the RCWD finds that the
City has adequately addressed those comments;
WHEREAS the RCWD has determined that the local plan, as revised, meets the requirements for
approval set forth in the WMP, except that the local plan does not provide for the adoption of official
controls or implementation of inspection and administrative procedures necessary to insure that the full
regulatory standards of the RCWD are met, as required by the WMP in order for the City to assume sole
regulatory authority;
WHEREAS the City does not wish to assume sole regulatory authority but, instead, wishes to
authorize the RCWD to continue to require permits for the use and development of land, and otherwise
exercise its regulatory authority within the City, within the meaning of Minnesota Statutes 10313.211,
subd. 1(a)(3); and
WHEREAS the RCWD's approval of the local plan rests on the City's agreement that the RCWD
will continue to exercise its present regulatory authority; and
WHEREAS the RCWD and the City understand that the RCWD would deem a future withdrawal
of the City's authorization without an RCWD determination that the City's official Controls meet WMP
standards to constitute a failure to adopt the implementation program of the local plan as specified in
Minnesota Statutes 1036.211, subdivision 1(a)(3)(i);and
WHEREAS the RCWD and the City recognize and agree that the City at a later time may amend
its plan in order to assume sole regulatory authority,subject to RCWD approval;
THEREFORE BE IT RESOLVED that the RCWD Board of Managers hereby approves the City of
Arden Hills local surface water management plan, as submitted on July 16, 2012.
i
The question was on the adoption of the Resolution and there were
eas and a nays as follows:
Yea Nay Absent
WALLER � ❑ ❑
HAAKE ❑ ❑
OGATA 151C ❑ ❑
WAGAMON V ❑ ❑
PREINER ❑ ❑
Upon vote,the Chair d ed the Resolution Z_
Dated August 8, 2012
arl ta,Secretary
* * * * * * * * * * *
I, Harley Ogata, Secretary of the Rice Creek Watershed District, do hereby certify that I have
compared the above resolution with the original thereof as the same appears of record and on file with
the District and find the same to be a true and correct transcript thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 8th day of August,2012.
k<,,A
Ha ey etary
lt
EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2012-028
RESOLUTION ADOPTING
THE LOCAL SURFACE WATER MANAGEMENT PLAN
WHEREAS, the Rice Creek Watershed District is required by State Statute, Sections
103B.201-103B.255, and Minnesota Rule, Chapter 8410, to prepare a Local Surface Water
Management Plan; and
WHEREAS, the Rice Creek Watershed District adopted an update to their Water
Resource Management Plan in January of 2012; and
WHEREAS, the City of Arden Hills has modified the City's Local Surface Water
Management Plan (LSWMP) to work in concert with the plan amended by Rice Creek
Watershed District; and
WHEREAS, the City of Arden Hills has provided draft copies of the LSWMP to
both Rice Creek Watershed District and the Metropolitan Council for review and comment;
and
WHEREAS, the City of Arden Hills has made all changes as required by State Law,
Rice Creek Watershed District, and the Metropolitan Council.
NOW THEREFORE, BE IT RESOLVED by the City Council of Arden Hills,
Minnesota, that the Local Surface Water Management Plan, as printed on July 16, 2012, be
approved and adopted.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 27th DAY OF AUGUST, 2012.
David Grant, Mayor
ATTEST:
Patrick Klaers, City Administrator