HomeMy WebLinkAbout5.C.2. Joint Powers Agreement for Approval of Monitoring Reports for the Swamp Lake Westland Mitigation Site S~ C •
CITY OF SHAKOPEE ~ :
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: Joint Powers Agreement for Approval of Monitoring
Reports for the Swamp Lake Wetland Mitigation Site
DATE: May 5, 2008
INTRODUCTION:
The purpose of this agenda item is to approve a Joint Powers Agreement with the Scott
County Watershed Management Organization (WMO) for monitoring reports for the
Swamp Lake Wetland Mitigation Site.
BACKGROUND:
In 2007, the City partnered with Scott County to create a wetland mitigation site for
wetlands impacted as part of the Pike Lake Road and County Road 21 projects. The Joint
Powers Agreement will transfer the Scott County WMO's responsibilities, identified
under the Wetland Conservation Act, for ensuring compliance of the wetland- replacement
site with the Wetland Conservation Act to the City.
ALTERNATIVES:
1. Approve the Joint Powers Agreement with Scott County WMO for approval of
monitoring reports for the Swamp Lake Wetland Mitigation Site.
2. Do not approve the Joint Powers Agreement with Scott County WMO for
approval of monitoring reports for the Swamp Lake Wetland Mitigation Site.
3. Table for additional information.
RECOMMENDATION:
Approve the Joint Powers Agreement with Scott County WMO for approval of the
monitoring reports for the Swamp Lake Wetland Mitigation Site.
ACTION REQUESTED:
Approve the Joint Powers Agreement with Scott County WMO for approval of
monitoring reports for the Swamp Lake Wetland Mitigation Site.
v
Jeff Weyandt, P.E.
Assistant City Engineer
JW/pmp
ENGR/2006-PROJECTS/SWAMP-LAKE/ WORD/JOINT-PO WERS-AGREEMENT
JOINT POWERS AGREEMENT
THIS AGREEMENT entered into on May 5, 2008 by and between the CITY OF
SHAKOPEE, a Minnesota municipal corporation ("City") and the SCOTT
WATERSHED MANAGEMENT ORGANIZATION, ("Scott WMO") a local
government unit established under the Metropolitan Surface Water Management Act
(MN Statues Chapter 103B) that has accepted responsibility for the administration of the
Wetland Conservation Act in the Township of Sand Creek in Scott County, Minnesota.
RECITALS
A. The Scott WMO is currently reviewing a wetland replacement plan for wetland
mitigation for the Pike Lake Road Project and the County State Aid Highway #21
(CSAH #21) wetland impacts within the Cities of Shakopee and Prior Lake.
B. The proposed wetland replacement plan involves a replacement site within the
Scott WMO located in:
The E of the SE %4, of Section 14 and the W '/2, of the SW 1/4, of Section 13,
Township 114N, Range 23W, Scott County, Minnesota (known as the Swamp
Lake Mitigation Site).
C. The Scott WMO holds jurisdiction for the replacement site and is assigned the
responsibility for ensuring compliance with monitoring provisions under the
Wetland Conservation Act.
D. Since the City is responsible for jurisdiction of the impact site, the Scott WMO
desires to assign its responsibilities for ensuring that the replacement site for the
CSAH #21 wetland replacement plan complies with the Wetland Conservation
Act or ensuring that the necessary wetland banking credits are provided for
mitigation.
NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Following Scott WMO approval of the replacement site pursuant to Minn. Rule
8420.0230, the Scott WMO hereby assigns and the City hereby accepts the Scott
WMO's responsibilities identified under the Wetland Conservation Act for
ensuring compliance of the wetland replacement site with the Wetland
Conservation Act pursuant to Minn. Rules 8420.0600 to 8420.0630.
2. The City shall have authority to assess fees or develop other procedures necessary
to facilitate the wetland mitigation plan and review and monitoring of the
approved wetland replacement site.
3. The Scott WMO shall retain the right of notification regarding all aspects of the
implementation of Minn. Rule 8420.0230 for this project.
1
CITY OF SHAKOPEE
BY:
John Schmitt, Mayor
AND
Judy Cox, City Clerk
SCOTT WATERSHED
MANAGEMENT
ORGANIZATION
BY:
AND:
2
CITY OF SHAKOPEE
BY:
John Schmitt, Mayor
AND
Judy Cox, City Clerk
SCOTT WATERSHED
MANAGEMENT
ORGANIZATION
BY:
AND:
2