HomeMy WebLinkAboutItem 06.nJanuary 19, 2010 Item No. 6-k
JANUARY 19, 2010 CITY COUNCIL AGENDA ITEM
APPROVE REVISED AND RESTATED JOINT POWERS AGREEMENT
FOR THE BLACK DOG WATERSHED MANAGEMENT ORGANIZATION
Proposed Action
Staff recommends approval of the attached Revised and Restated Joint Powers Agreement for
the Black Dog Watershed Management Organization.
Overview
Attached is a Revised and Restated Joint Powers Agreement for the Black Dog Watershed
Management Organization. On December 16, 2009, the Black Dog Watershed Management
Organization approved the removal of the City of Savage from the WMO and approved a
Memorandum of Understanding with Scott County allowing them to become part of the Scott
County WMO. Therefore, a new Joint Powers Agreement must be signed that updates this
information.
The area removed represents less than 1% of the watershed. The attached Exhibit A shows the
entire area of the Black Dog WMO with the new boundary change.
Primary Issues to Consider
None.
Supporting Information
Revised and Restated Joint Powers Agreement for the Black Dog Watershed Management
Organization.
t °r
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Keith -H. Nelson
City Engineer
Financial Impact: $ None Budgeted: Source:
Related Documents (CIP, ERP, etc.):
Notes:
2010
REVISED AND RESTATED
JOINT POWERS AGREEMENT
FOR THE
BLACK DOG WATERSHED
MANAGEMENT ORGANIZATION
2010
REVISED AND RESTATED
JOINT POWERS AGREEMENT
FOR THE BLACK DOG WATERSHED
MANAGEMENT ORGANIZATION
The parties to this Agreement are cities which have land in the Black Dog
Watershed. This Agreement is made pursuant to the authority conferred upon the parties
by Minn. Stat. §§ 471.59 and 103B.201, et. seq.
1. NAME. The parties hereby create and establish the Black Dog Watershed
Management Organization.
2. GENERAL PURPOSE. The purpose of this Agreement is to provide an
organization to regulate the natural water storage and retention of the Black Dog
watershed to (a) protect, preserve, and use natural surface and ground water storage and
retention systems; (b) minimize public capital expenditures needed to correct flooding and
water quality problems; (c) identify and plan for means to effectively protect and improve
surface and ground water quality; (d) establish more uniform local policies and official
controls for surface and ground water management; (e) prevent erosion of soil into surface
water systems; (f) promote ground water recharge; (g) protect and enhance fish and
wildlife habitat and water recreational facilities; and (h) secure the other benefits
associated with the proper management of surface and ground water.
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3. DEFINITIONS.
Subdivision 1
"Commission" means the organization created by this
Agreement, the full name of which is "Black Dog Watershed Management Organization". It
shall be a public agency of its members.
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Subdivision 2. "Board" means the board of commissioners of the
Subdivision 3. "Council" means the governing body of a governmental unit
which is a member of this Commission.
Subdivision 4. "Governmental Unit" means any city which is a signatory to
this Agreement.
Agreement.
Subdivision 5. "Member" means a governmental unit which enters into this
Subdivision 6. "Black Dog Watershed" or "Watershed" means the area
contained within a line drawn around the extremities of all terrain whose surface drainage
is within the mapped areas delineated on the map filed with the Board of Water and Soil
Resources pursuant to Minn. Stat. § 10313.211, Subd. 2 attached hereto as Exhibit "A".
4. MEMBERSHIP. The membership of the Commission shall consist of the
following governmental units:
Group A: City of Burnsville
Group AA: City of Apple Valley
City of Eagan
Group AAA: City of Lakeville
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No change in governmental boundaries, structure, organizational status or character shall
affect the eligibility of any governmental unit listed above to be represented on the
Commission, so long as such governmental unit continues to exist as a separate political
subdivision.
FU119PIC :� Rj
Subdivision 1. The Dakota County Soil and Water Conservation District shall
be requested to appoint a non-voting advisory member to the Commission. The District
shall not be required to contribute funds for the operation of the Commission except as
provided in Minn. Stat. § 103B.251, but may provide technical services.
Subdivision 2. Citizen Advisory Committee. The Commission may establish
a citizen advisory committee ("CAC") from the public at large to provide input on
watershed management plan revisions and other matters as deemed appropriate. The
CAC shall be appointed by the Commission considering individuals nominated by each
member community.
6. BOARD OF COMMISSIONERS.
Subdivision 1. The governing body of the Commission shall be its Board
which shall consist of five (5) commissioners. The Board of Commissioners on behalf of its
member communities shall comply with the notice requirements of Minn. Stat. §
103B.227. All vacancies shall be filled within ninety (90) days after they occur. Notices
of all vacancies shall be published in a newspaper of general circulation in the Watershed
at least fifteen (15) days before the appointment is made. For purposes of appointing
commissioners, each member in Group AAshall appoint a delegate. Group AA delegates
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shall meet upon ten (10) days' notice at a time and place selected by the City Clerk of
Apple Valley and shall appoint one commissioner. . The delegates shall select a
commissioner by majority vote. Tie votes shall be broken by the flip of a coin. Voting may
also take place by mailed ballot, fax, e-mail, telephone calls, or any combination of these
methods. In the alternative to appointing a delegate to vote on its behalf, a city council
may vote directly. The City Council of Burnsville shall appoint three (3) commissioners.
The City Council of Lakeville shall appoint 1 (1) commissioner. Vacancies in office shall be
filled for the remainder of the term by the governing bodies who made the appointment.
Subdivision 2. The term of each commissioner shall be three (3) years and
until their successors are selected and qualify.
Subdivision 3. A commissioner may not be removed from the Board prior to
the expiration of his or her term unless the commissioner consents in writing or unless
removed in accordance with Minnesota Rule 8410.0040.
Subdivision 4. Commissioners shall serve without compensation from the
Commission, but this shall not prevent a governmental unit from compensating a
commissioner for serving on the Board.
Subdivision 5. At the first Board Meeting each year, the Board shall elect
from its commissioners a chair, a vice chair, a secretary/ treasurer, and such other officers
as it deems necessary to conduct its meetings and affairs. The Commission mayadopt
rules and regulations governing its meetings. Such rules and regulations may be amended
from time to time at either a regular or a special meeting of the Commission provided that
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at least ten (10) days' prior notice of the proposed amendment has been furnished to each
person to whom notice of the Board meetings is required to be sent.
Subdivision 6. Each group shall appoint one alternate commissioner. The
alternate commissioner shall be selected in the same manner as regular commissioners.
The term of the alternates shall be three (3) years and until their successors are selected
and qualify. In the absence of a regular commissioner, the alternate may vote and act in a
commissioner's place. The alternate, however, shall have only one vote even if more than
one regular commissioner from the group is absent.
Subdivision 7. Decisions by the Commission shall require a majority vote of
all commissioners except that a decision to order a capital improvement project shall
require a two-thirds (2/3) favorable vote.
7. POWERS AND DUTIES OF THE COMMISSION.
Subdivision 1
The Commission, acting by its Board of Commissioners:
(a) Shall prepare and adopt a watershed management plan meeting the
requirements of Minn. Stat. § 10313.231;
(b) Shall review and approve local water management plans as provided
by Minn. Stat. § 10313.235;
(c) Shall exercise the authority of a watershed district under Minn. Stat.
Chapter 103D to regulate the use and development of land when one
or more of the following conditions exist:
(1) The local government unit exercising planning and zoning
authority over the land under Minn. Stat. § § 366.10 to 366.19,
394.21 to 394.37, or 462.351 to 462.364 does not have a
local water management plan approved and adopted in
accordance with requirements of § 10313.235 or has not
adopted the implementation program described in the plan.
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(2) An application to the local governmental unit for a permit for the
use and development of land, requires an amendment to, or
variance from, the adopted local water management plan or
implementation program of the local unit.
(3) The local governmental unit has authorized the Commission to
require permits for the use and development of land.
(d) The Commission must publish and distribute a newsletter at least
annually to watershed residents. The newsletter must explain the
watershed's programs and list offices and telephone numbers.
Subdivision 2. The Commission shall use the city staff of Burnsville for
assistance. Burnsville may pass through the direct cost, including salary and benefits, to
the Commission and the Commission shall reimburse the City.
Subdivision 3. The Commission shall meet at least annually. Meeting
notices shall be placed on a bulletin board at the Burnsville City Hall at least three (3) days
before each meeting. Any office supplies the Commission needs shall be furnished by
Burnsville. The direct cost for the supplies shall be billed to the Commission.
Subdivision 4. The Commission may cooperate or contract with the State of
Minnesota or any subdivision thereof or federal agency or private or public organization to
accomplish the purposes for which it is organized.
Subdivision 5. The Commission may order any governmental unit to carry
out the local water management plan, including any capital improvement identified therein,
which has been approved by the Board.
Subdivision 6.
The Commission may acquire, operate, construct and
maintain only the capital improvements, if any, delineated in the watershed management
plan adopted by the Board which the plan states will be constructed by the Board.
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Subdivision 7. The Commission may contract for or purchase such insurance
as the Board deems necessary for the protection of the Commission.
Subdivision 8.
The Commission may establish and maintain devices for
acquiring and recording hydrological and water quality data within the watershed.
Subdivision 9. The Commission may enter upon lands within or without the
watershed to make surveys and investigations to accomplish the purposes of the
Commission.
Subdivision 10. The Commission may provide any member governmental
unit with technical data or any other information of which the Commission has knowledge
which will assist the governmental unit in preparing local water management plans within
the watershed.
Subdivision 11
The Commission may accumulate reserve funds for the
purposes herein mentioned and may invest funds of the Commission not currently needed
for its operations.
Subdivision 12
The Commission may collect money, subject to the
provisions of this Agreement, from its members and from any other source approved by a
majority of its Board.
Subdivision 13. The Commission may make contracts, employ consultants,
incur expenses, and make expenditures necessary and incidental to the effectuation of its
purposes and powers.
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Subdivision 14. The Commission shall cause to be made an annual audit of
the books and accounts of the Commission and shall make and file a report to its members
at least once each year including the following information:
(a) The financial condition of the Commission;
(b) The status of all Commission projects and work within the watershed;
(c) The business transacted by the Commission and other matters which
affect the interests of the Commission. Copies of the report shall be
transmitted to the Clerk of each member governmental unit.
Subdivision 15. The Commission's books, reports, and records shall be
available for and open to inspection by its members at all reasonable times.
Subdivision 16. The Commission may recommend changes in this
Agreement to its members.
Subdivision 17. The Commission may exercise all other powers necessary
and incidental to the implementation of the purposes and powers set forth herein.
Subdivision 18. Each member reserves the right to conduct separate or
concurrent studies on any matter under study by the Commission.
Subdivision 19. The Board may investigate on its own initiative or upon
petition of any member, complaints relating to water pollution, as defined in the
Commission's adopted water management plan, in the watershed. Upon a finding that the
watershed is being polluted, the Board may take appropriate action to alleviate the
pollution and to assist in protecting and improving the water quality of surface water in the
watershed.
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Subdivision 20. The Board must solicit proposals for all legal, engineering,
auditing, and other technical services in accordance with Minn. Stat. § 10313.227.
Subdivision 21. The Board shall coordinate its planning activities with
contiguous watershed management organizations and counties conducting water planning
and implementation under Minn. Stat. Chapter 103B.
Subdivision 22. The Board shall file an annual report with the Board of Water
and Soil Resources including a financial report on administration, projects, or other
expenditures.
Subdivision 23. The Commission shall adopt an annual work plan.
Subdivision 24. The Commission shall designate an official newspaper.
8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD OF
COMMISSIONERS.
Subdivision 1. It shall be the duty of the Chairperson of the Board of
Commissioners to:
(a) Attend and preside at meetings of the Board;
(b) Assist in the preparation of meeting agendas and the annual work
plan;
(c) See that orders and resolutions of the Board are carried into effect;
(d) Sign and execute documents as may be required for the Board's
exercise of its powers, except in cases in which the authority to sign
and execute is required by law to be exercised by another person; and
(e) Such other duties applicable to the office as necessary to fulfill the
powers and duties of the Board of Commissioners as set forth in the
Agreement.
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Subdivision 2. It shall be the duty of the Vice Chairperson of the Board of
Commissioners to:
(a) Perform the duties of the Chairperson in his or her absence; and
(b) Perform other duties as assigned from time to time by the Board of
Commissioners;
Subdivision 3. It shall be the duty of the Secretary/Treasurer of the Board of
Commissioners to:
(a) Keep and post a true and accurate record of the proceedings of all
meetings of the Commission and Board of Commissioners;
(b) Keep a record of all amendments, alterations, and additions to the
Joint Powers Agreement;
(c) Prepare and process all correspondence as needed;
(d) Prepare and file all reports and statements as required by law and this
Agreement;
(e) Keep all financial accounts of the Commission, and prepare and
present to the Board of Commissioners a full and detailed statement of
the assets and liabilities of the Commissioner's financial accounts; and
(f) Perform other duties as assigned from time to time by the Board of
Commissioners.
9. CONSTRUCTION OF IMPROVEMENTS.
Subdivision 1. The members acknowledge that most of the needed storm
water drainage system is already in place. Any additional facilities which are needed shall
be constructed by the member unit where the additional improvement is constructed, not
by the Commission, unless the improvement is designated in the Board's watershed
management plan for construction by the Board.
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Subdivision 2. Before ordering an improvement, the Board shall secure from
an engineer a preliminary report advising it whether the proposed improvement is feasible
and as to whether it shall best be made as proposed or in connection with some other
improvement and the estimated cost of the improvement as recommended. The Board
shall then hold a public hearing on the proposed improvement after mailed notice to the
Clerk of each member governmental unit and published notice in the Board's official
newspaper. The Commission shall not be required to mail notice except by notice to the
Clerk. The notice shall be mailed not less than forty-five (45) days before the hearing, shall
state the time and place of the hearing, the general nature of the improvement, the
estimated total cost, and the estimated cost to each member governmental unit.
If the Board orders the construction of an improvement, the order shall
describe the improvement, shall designate the engineers to prepare plans and
specifications, and shall designate who will contract for the improvement. The Board may
not proceed with the project unless it receives written approval from the governing bodies
of at least three (3) member governmental units approving the project.
Subdivision 3. Contract for Improvements. All improvement contracts
ordered by the Board shall be let in accordance with State statutory requirements. The
bidding and contracting of the work shall be let by any one of the member governmental
units as determined by the Board of Commissioners after compliance with the statutes.
Subdivision 4. Supervision. All improvement contracts shall be supervised
by the entity awarding the contract. Representatives of the Commission shall have the
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right to enter upon the place or places where the improvement work is in progress for the
purpose of making reasonable tests and inspections.
Subdivision 5. Land Acquisition. The Commission shall not have the power
of eminent domain. All easements or interest in land which are necessary will be
negotiated or condemned in accordance with Minn. Stat. Chapter 117 by a governmental
unit or by the entity awarding the contract as directed by the Board, and each member
agrees to acquire the necessary easement or right-of-way or partial or complete interest in
land upon order of the Board to accomplish the purposes of this Agreement. All reasonable
costs of the acquisition, including attorney's fees, shall be considered as a cost of the
improvement. If a member governmental unit determines it is in the best interests of that
member to acquire additional lands, in conjunction with the taking of lands for storm and
surface drainage or storage, for some other purposes, the costs of the acquisition shall not
be included in the improvement costs of the ordered project.
10. FINANCES.
Subdivision 1. The Commission funds may be expended by the Board in
accordance with this Agreement in a manner determined by the Board. The Board may
designate one or more national or state bank or trust companies authorized to receive
deposits of public monies to act as depositories for the Commission funds. In no event
shall there be a disbursement of Commission funds without the signature of at least two
(2) Board members. The treasurer shall be required to file with the Board a bond in the
sum of at least $10,000 or such higher amount as shall be determined by the Board. The
Commission shall pay the premium on the bond.
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Subdivision 2. General Fund. Each member shall contribute each year to a
general fund. The annual contribution by each member shall be based fifty percent (50%)
on taxable market value and fifty percent (50%) on the basis of area in accordance with
the following formula:
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Annual Watershed Levy = L
Taxable Market Value of a
Member's Property in the Watershed = MV
Taxable Market Value of All Property in the Watershed = TV
Acres of Property a Member Has in the Watershed = A
Total Acres in Watershed = TA
Member Required Contribution = C
%Z L x MV + %2 L x A= C
TV TA
Subdivision 3. On or before July 1 of each year, the Board shall adopt a
budget for the ensuing year and decide upon the total amount necessary for the general
fund. On or before July 1, the budget shall be sent to the Clerk of each member
governmental unit, together with a statement of the proportion of the budget to be
provided by each member. The Board shall, upon notice from any member received prior to
August 1, consider objections to the budget. After considering the objections, the Board
may amend the budget. The budget may not be adopted if the governing bodies of three
(3) or more member units object to it.
Subdivision 4. Capital Improvement.
(a) An improvement fund shall be established for each improvement
project ordered by the Commission not paid for out of the general
fund.
(b) Each member agrees to pay its proportionate share of the cost of the
improvement in accordance with the determination of the Board as set
forth herein. The Board, in its discretion, may require members to
make advance payments based upon estimated costs, subject to
adjustment to reflect actual costs, or may bill the members as costs
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are actually incurred. Members agree to pay billings within thirty (30)
days of receipt. The Board or the member awarding the contract shall
advise other contributing members of the tentative time schedule of
the work and the estimated times when the contributions shall be
necessary.
Subdivision 5. All capital improvement costs of improvements designated in
the Board's adopted watershed management plan for construction by the Board not paid
for out of the general fund shall be apportioned on the following bases:
(1) The ratio of taxable market value of each member within the
boundaries of the benefited area to the total taxable market value
within the entire benefited area;
(2) The ratio of storm water runoff produced by each member within the
boundaries of the benefited area to the total runoff of storm water
produced by the entire benefited area;
(3) The ratio of targeted pollutants, as identified by the Board, from a
member community to the total targeted pollutants contributed by all
member communities. If more than one pollutant is targeted, the
percentage of the ratio given to each pollutant shall be determined by
the Board. This may only be used in conjunction with projects that are
intended to improve water quality;
(4) Pursuant to Minn. Stat. § 103B.251.
(5) A combination of the above apportionment methods;
Subdivision 6. Any member governmental unit aggrieved by the
determination of the Board as to the allocation of the costs of an improvement shall have
thirty (30) days after the Board resolution ordering the improvement to appeal the
determination. The appeal shall be in writing and shall be addressed to the Board asking
for arbitration. The determination of the member's appeal shall be referred to a Board of
Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed
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by the Board of Commissioners, one to be appointed by the appealing member
governmental unit, and the third to be appointed by the two so selected. In the event the
two persons so selected do not appoint the third person within fifteen (15) days after their
appointment, then the chief judge of the District Court of Dakota County shall have
jurisdiction to appoint, upon application of either or both of the two earlier selected, the
third person to the Board. The third person selected shall not be a resident of any member
governmental unit and shall be a person knowledgeable in the subject matter. The
arbitrators' expenses and fees, together with other expenses, not including counsel fees,
incurred in the conduct of the arbitration shall be divided equally between the Commission
and the appealing member. Arbitration shall be conducted in accordance with the Uniform
Arbitration Act, Minn. Stat. Chapter 572.
11. SPECIAL ASSESSMENTS. The Commission shall not have the power to levy
special assessments.
12. DURATION.
Subdivision 1.
Each member agrees to be bound by the terms of this
Agreement until January 1, 2020, and it may be continued thereafter upon the agreement
of all the parties.
Subdivision 2. This Agreement may be terminated prior to January 1, 2020,
by the written agreement of a majority of the members.
Subdivision 3. In addition to the manner provided in Subdivision 2 for
termination, any member may petition the Board to dissolve the Agreement. Upon thirty
(30) days' notice in writing to the Clerk of each member governmental unit, the Board
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shall hold a hearing and upon a favorable vote, the Board may by resolution recommend
that the Commission be dissolved. The resolution shall be submitted to each member
governmental unit and if ratified by a majority of the governing bodies of all eligible
members within sixty (60) days, the Board shall dissolve the Commission following 90
days notice to Dakota County and the Minnesota Board of Water and Soil Resources, and
allowing a reasonable time to complete work in progress and to dispose of personal
property owned by the Commission.
13. DISSOLUTION. Upon dissolution of the Commission, all property of the
Commission shall be sold and the proceeds thereof, together with monies on hand, shall
be distributed to the eligible members of the Commission. Such distribution of Commission
assets shall be made in proportion to the total contribution to the Commission required by
the last annual budget.
14. EFFECTIVE DATE. This revised Agreement shall be in full force and effect
when all five (5) members, delineated in paragraph 4 of this Agreement, have executed
this Agreement. All members need not sign the same copy. The signed Agreement shall be
filed with the City Clerk of the City of Burnsville. Prior to the effective date of this revised
Agreement, any signatory may rescind their approval.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the
authority of Minn. Stat. § 471.59.
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Approved by the City Council CITY OF LAKEVILLE
,20—.
BY:
ATTEST:
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Approved by the City Council CITY OF BURNSVILLE
,20—.
BY:
ATTEST:
Approved by the City Council CITY OF EAGAN
,20—.
BY:
ATTEST:
Approved by the City Council CITY OF APPLE VALLEY
.20 .
m
ATTEST:
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Black Dog WMO Boundary
Municipal Boundary
Interstate Highway EXHIBITA to JOINT POWERS AGREEMENT
— US Highway BLACK DOG WMO BOUNDARY
— State Trunk Highway Feet December 2009
2,000 0 2,000 4,000 6,000 8,000
County State -Aid Highway
Municipal State -Aid Street
Meters BARB
Major River 1,000 0 1,000 2,000 3,000
Dakota County Parcel