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Item 05B <br />Page 6 of 9 <br /> <br />The Mounds View Vision <br />A Thriving Desirable Community <br /> <br />MEMORANDUM OF UNDERSTANDING <br /> <br />Between the Rice Creek Watershed District <br />and the City of Mounds View <br />for Local Water Planning and Regulation <br /> <br />This Memorandum of Understanding (“MOU”) is made by and between the Rice Creek <br />Watershed District, a watershed district with purposes and powers as set forth at <br />Minnesota Statutes Chapters 103B and 103D ("District"), and the City of Mounds View, a <br />Minnesota municipal corporation ("City"). <br /> <br />Recitals and Statement of Purpose <br /> <br />WHEREAS, pursuant to Minnesota Statutes §103B.231, on April 8, 2020, the District <br />formally adopted its watershed management plan (“WMP”) detailing the existing physical <br />environment, land use and development in the watershed and providing for water <br />resource management to protect water resources, improve water quality, prevent flooding <br />and otherwise achieve the goals of Minnesota Statutes Chapters 103B, 103D and 103E; <br />and <br /> <br />WHEREAS, to achieve the policies and purposes of the WMP and pursuant to Minnesota <br />Statutes §103D.341, the District has adopted and implements rules requiring permits for <br />and otherwise regulating land disturbance activities; and <br /> <br />WHEREAS, pursuant to Minnesota Statutes §103G.2242 and associated statutes and <br />rules, the District serves as the local government unit (“LGU”) for implementation of the <br />Minnesota Wetland Conservation Act (“WCA”) except within the boundaries of a <br />municipality that has undertaken to fulfill the role of LGU; and <br /> <br />WHEREAS, the City has developed a local water management plan under Minnesota <br />Statutes §103B.235, entitled “Water Resource Management Plan for the City of Mounds <br />View, Minnesota" and dated ________________, 2020, that describes the existing and <br />proposed physical environment and land use within the City and sets forth an <br />implementation plan for bringing local water management into conformance with the <br />WMP ("Local Plan"); and <br /> <br />WHEREAS, on ________________, 2020, the District Board of Managers conditionally <br />approved the Local Plan by adoption of Resolution _____________, which resolution is <br />attached and incorporated herein; and <br /> <br />WHEREAS, Minnesota Statutes §103B.211 and the WMP provide that at the City's <br />election and on the District's approval of the Local Plan, the District shall cease to apply <br />its rules within the City boundaries, except as the District and City have agreed, and <br />further that the District and City shall agree as to which will act as the WCA LGU; and <br /> <br />WHEREAS, pursuant to Minnesota Statutes §103B.235 and the WMP, District approval <br />of the Local Plan requires a finding that the official controls of the city will protect water <br />resources to a degree equivalent to that of the District rules, and further is conditioned on <br />District approval of inspection and administrative procedures for the City's effective