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HomeMy WebLinkAbout4.r. Vermillion River Watershed Commission AppointmentCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 1996 AGENDA ITEM: VERMILLION AGENDA ECTI MANAGEMENT ORGANIZATIONI NEW USINESSON: I PREPARED BY: SUSAN WALSH ADMINISTRATIVE ASSISTANT ATTACHMENTS: LETTER AGE"AfTEM #4 APPROVED BY: As a member of the Vermillion River Watershed Management Organization, the city has been notified that it needs to select a delegate to select commissioners for vacancies expiring on or about December 31, 1995. Although it is City Engineer Bud Osmundson's term who is expiring, he may be appointed as a delegate to help select new commissioners. Once the city of Rosemount has been notified of the candidates for commissioner, staff will come back to the city council for you to appoint the commissioners. RECOMMENDED ACTION: MOTION TO APPOINT CITY ENGINEER BUD OSMUNDSON TO SERVE AS A DELEGATE FOR THE VERMILLION RIVER WATERSHED MANAGEMENT ORGANIZATION CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Knetsch VERNHLLION RIVER W.M.O. GROUP AAA MEMBER CITIES CITY OF LAKEVILLE Charlene Friedges, Clerk CITY OF ROSEMOUNT Susan Walsh, Clerk CITY OF APPLE VALLEY Mary Mueller, Clerk (612) 452 -5000 Fax (612) 452 -5550 December 28, 1995 CITY OF FARMINGTON Larry Thompson, Administrator CITY OF BURNS VILLE Susan Olesen, Clerk CITY OF HASTINGS Barbara Thompson, Clerk-Treas. RE: Vacancies on the Board of Commissioners of the Vermillion River Watershed Management Commission Ladies and Gentlemen: Andrea McDowell Poehler Matthew K. Brokl Marguerite M. McCarron George T. Stephenson Our office is legal counsel for the Vermillion WMO. The terms of Commissioners Bud Osmundson and Dennis Miranowski expire on December 31, 1995. They will continue as members, however, until they are reappointed or replaced. Rules of the State Board of Water and Soil Resources ( "B.W.S.R. ") require that the B.W.S.R. be notified of the vacancies and that notice also be published in a local newspaper. I have notified the B.W.S.R. of the vacancies and have had the enclosed legal notice published in the Dakota County Tribune. Paragraph 6, Subd. 1, of the Joint Powers Agreement, copy enclosed, explains how the six member cities make an appointment: • _ each City Council must select a delegate to select the new commissioner. • the delegates so selected are required to meet upon 10 -days advance notice given by the Lakeville City Clerk: , • ' the delegates by majority vote select the new commissioner. Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 Vermillion River WMO Group AAA Member Cities December 28, 1995 Page 2 If you have any questions, please call me. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. BY. . Thoinas M. Scott Vermillion River W.M.O. Attorney TMS:srn Enclosure cc: Vermillion WMO Board Members FIRST AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT COMMISSION FOR THE VERMILLION RIVER WATERSHED The parties to this Agreement are members of the Vermillion River Water Management Commission. This Amendment is made pursuant to the authority conferred upon the parties by Minn. Stat. 1988 Sections 471.59 and 473.875, et. seq. 1. Existing Agreement. The existing Joint Powers Agreement for the Vermillion River Water Management Commission shall remain in full force and effect, except as specifically amended by this Agreement. 2. Paragraph 6, Subdivisions 1 and 2 of the Joint Powers Agreement are amended in their entirety to read: Subdivision 1. The governing body of the Commission shall be its Board, which shall consist of nine (9) members. The governing bodies of Group A shall jointly appoint three (3) Commissioners. The governing bodies of Group AA shall jointly appoint two (2) Commissioners. The governing bodies of Group AAA shall jointly appoint four (4) Commissioners. Vacancies in office shall be filled for the remainder of the term by the governing bodies who appointed or had the right to appoint the Commissioner. For purposes of appointing Commissioners, each member shall appoint a delegate. The delegates of Group A shall meet upon ten (10) days notice at a time and place selected by the Clerk of the Empire Township Board. Group AA shall meet upon ten (10) days notice at a time and place selected by the City r01/08/90(9) Clerk of Coates. Group AAA shall meet upon ten (10) days notice at a time and place selected by the City Clerk of Lakeville. The delegates of each group shall select the Commissioner(s) by majority vote of the delegates present. Subdivision 2. The terms of each Commissioner shall be three (3) years and until their successors are selected and qualify, and shall commence on July 1, except that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows: A. One Commissioner appointed by Group A shall be for a term expiring December 31, 1986. B. One Commissioner appointed by Group A shall be for a term expiring December 31, 1990. C. One Commissioner appointed by Group A shall be for a term expiring December 31, 1992. D. One Commissioner appointed by Group AA shall be for a term expiring December 31, 1988. E. one Commissioner appointed by Group AA shall be for a term expiring December 31, 1992. F. One Commissioner appointed by Group AAA shall be for a term expiring December 31, 1987. G. One Commissioner appointed by Group AAA shall be for a term expiring December 31, 1989. H. One Commissioner appointed by Group AAA shall be for • term expiring December 31, 1992. I. One Commissioner appointed by Group AAA shall be for • term expiring December 31, 1993. 3. The Second Paragraph of Subdivision 1, Paragraph 8 is Amended to read: To order the improvement, a resolution setting-forth the order shall require a favorable vote of 2/3 of all Board members. The order shall described the improvement, shall allocate in percentages the cost allocation between the -2-