Title
RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES RELATED TO ASSESSMENT AND DESIGN OF A FLOW RESTRICTIVE CULVERT AND FLOOD STORAGE AT HARTLEY DAM.
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CITY PROPOSAL:
WHEREAS, on July 21, 2014, the city council approved Resolution 14-0390R, approving a Hartley Park Master Plan, which recommended that the city commission a feasibility study to assess options for reconfiguring the relationships between Hartley Pond, Hartley dam, and Tischer Creek to better advance the public’s interests in ecosystem integrity and outdoor recreation;
WHEREAS, on March 23, 2020, the city council approved Resolution 20-0274R, approving the Management Plan for the Hartley Natural Area which recommended that the city commission a study of potential changes to the same pond, dam, and creek in Hartley Park;
WHEREAS, on October 10, 2022, the city council approved Resolution 22-0828R, approving the Essential Spaces: Duluth Parks, Recreation, Open Space & Trails Plan which recommended that the city commission a study to retain, remove, or modify the pond in Hartley Park to best balance recreation, aesthetics, history and ecology;
WHEREAS, in 2023 and 2024, the Minnesota department of Natural Resources (“DNR”), in cooperation with the city, undertook the recommended study with independent engineer support and extensive community input;
WHEREAS, in July of 2024, the DNR issued a final report recommending that the city address the interrelated issues at the pond, dam, and creek by installing a flow restrictive culvert in the dam;
WHEREAS, on October 15 of 2024, the city council approved Resolution 24-0760R, supporting the continued assessment and complete design of a proposed flow restrictive culvert at the Hartley Dam;
WHEREAS, in 2025, the DNR received a Great Lake Restoration Initiative Grant from the United States Environmental Protection Agency to fund the proposed design;
WHEREAS, the DNR has agreed to manage the grant and the continued assessment and design process of the proposed flow restrictive culvert in partnership with the city;
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to execute a memorandum of agreement, substantially in the form attached as Exhibit 1, with the DNR for the continued assessment and complete design of the proposed flow restrictive culvert at Hartley Dam.
Statement of Purpose
STATEMENT OF PURPOSE: This Memorandum of Agreement (MOA) allows the MNDNR to fund and manage the continued assessment and complete design of a proposed flow restrictive culvert at Hartley dam. This is an alternative that was selected among four alternatives examined through a Feasibility Study that was completed in 2025. A consultant will be hired and managed by the MN DNR to complete the design and continued assessment. The MOA is for assessment and design only; any potential construction would occur under a future phase.