HomeMy WebLinkAbout4.l. Adopt Resolution Approving Vermillion River WMO AmendmentCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: OCTOBER 1, 1991
AGENDA ITEM: Vermillion River WMO - Joint
AGENDA SECTION:
Powers Agreement Amendment
Consent
PREPARED BY: Ron Wasmund
AGENDA,/,�, 7r' A L
Director of Public Works
ATTACHMENTS: Correspondence; 2nd Draft of
APPROVED BY:
Second Amendment to J.P.A.; Resolution
M1
At the November 20, 1990 Council meeting you were presented a draft of the
second amendment to the Vermillion River WMO Joint Powers Agreement which
you passed by resolution.
That amendment draft had three (3) changes and one addition. Those
proposed changes were:
1. Ravenna Township was to be added as a member of Group "A", the
Township group.
2. The vote required to order a public improvement was changed from
4/5 to 2/3 to comply with changes mandated by the 1990
legislation.
3. A provision was inserted to require a member unit to pay for a
project based upon estimated cost before costs are actually
incurred. That would have eliminated the potential of awarding a
contract, incurring costs and having no way to pay the bill.
4. Ravenna Township will pay the commission $7,000 to amend the
watershed management plan.
That amendment failed to receive approval from all members of the WMO,
therefore failed.
Attached is the 2nd draft of the second amendment. The only changes
proposed are to admit Ravenna Township as a Group "A" member and the
Ravenna Township pay the $7,000 cost for amendment preparation.
This amendment shall be effective when all 20 existing members approve and
sign the agreement.
RECOMMENDED ACTION: Motion to adopt a resolution rescinding Resolution
1990-106 and approving the second amendment to the Joint Powers Agree-
ment establishing a Watershed Management Commission for the Vermillion
River Watershed.
COUNCIL ACTION:
3
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1991 -
A RESOLUTION RESCINDING RESOLUTION 1990-106
AND APPROVING THE SECOND AMENDMENT TO
JOINT POWERS AGREEMENT ESTABLISHING A
WATERSHED MANAGEMENT COMMISSION FOR THE
VERMILLION RIVER WATERSHED
WHEREAS, the City of Rosemount is a member of the Vermillion River
Watershed Management Organization (WMO); and
WHEREAS, the Vermillion River WMO Board of Commissioners has
recommended approval of an amendment to the WMO joint powers
agreement; and
WHEREAS, the proposed amendment of the Vermillion River WMO which
was approved by Resolution 1990-106 failed to receive approval from
all members of the Vermillion River WMO, subsequent to adoption of
Resolution 1990-106.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Second Amendment to Joint Powers
Agreement Establishing a Watershed Management Commission for the
Vermillion River Watershed.
ADOPTED this lst day of October, 1991.
ATTEST:
Susan M. Walsh, City Clerk
Motion by:
Voted in favor:
Voted against:_
Vernon J. Napper, Mayor
Second by:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson (612) 456-9539
Thomas Ad- Scott � Fax (612) 456-9542
Gary G. Fuchs
James R Walston
Elliott B. Knetsch
TO: Vermillion River WMO Board Members
Vermillion River WMO Member City and Township Clerks
Ravenna Township
John Forrest, Dakota County Planning & Program Mgmt.
Brian Christensen, J.M. Montgomery Consulting Engineers
FROM: Roger Knutson
DATE: September 16, 1991
RE: Amendment to the Vermillion River Watershed
Management Organization Joint Powers Agreement
Enclosed is a proposed amendment to the Vermillion River
Watershed Management Organization Joint Powers Agreement. This
replaces the prior draft that was sent to you in October 1990. That
prior draft was unacceptable to certain members because of a change
in the financing procedures. The enclosed draft makes only one
change. It allows Ravenna Township to join the WMO.
The WMO Board requests that the member communities approve the
enclosed amendment. Each member community can sign a separate copy.
If this is acceptable, please have the signed copy sent to me for
filing with the Board. If you have any questions or comments,
please Wall me.
Very truly yours,
&
RNK:srn
Enclosure
LL, KNUTSON, SCOTT
Roger N. Kn
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
SECOND 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. 1990 Sections 471.59 and 473.875, et. sec..
1. Existing Agreement. The existing Joint Powers Agreement
for the Vermillion River Water Management Commission, including
the First Amendment thereto are incorporated herein and shall
remain in full force and effect, except as specifically amended
by this Agreement.
2. Paragraph 4, of the Joint Powers Agreement is amended by
adding Ravenna Township as a member of Group "A".
3. Watershed Management Plan. The Vermillion Watershed
Management Commission's Watershed Management Plan shall be
amended to include Ravenna Township. Ravenna Township shall pay
the Commission $7,000.00 to prepare the amendment. Payment shall
be Wade E:hen the amendment has been completed.
4. Effective Date._ This Agreement shall be in full force
and effect when all twenty (20) existing members and Ravenna
Township approve and sign this Agreement. All members need not
sign the same copy. Prior to the effective date of this
Amendment, any signatory may rescind their approval.
r09/16/91
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. Sec.
471.59.
Approved by the Town Board
, 1991.
Approved by the Town Board
a , 1991.
Approved by the Town Board
, 1991.
Approved by the Town Board
, 1991.
Approved by the Town Board
, 1991.
Approved by the Town Board
1991.
EMPIRE TOWNSHIP
BY:
ATTEST:
MARSHAN TOWNSHIP
BY:
ATTEST:
EUREKA TOWNSHIP
BY:
ATTEST:
CASTLE ROCK TOWNSHIP
BY:
ATTEST:
DOUGLAS TOWNSHIP
BY:
ATTEST:
NININGER TOWNSHIP
BY:
ATTEST:
-2
Approved by the Town Board
1991.
Approved by the Town Board
, 1991.
Approved by the Town Board
, 1991.
NEW MARKET TOWNSHIP
BY:
ATTEST:
VERMILLION TOWNSHIP
BY:
ATTEST:
HAMPTON TOWNSHIP
BY:
ATTEST:
Approved by the Town Board RAVENNA TOWNSHIP
1991.
BY:
ATTEST:
Approved by the City Council
, 1991.
Approved by the City Council
, 1991.
CITY OF COATES
BY:
ATTEST:
CITY OF ELKO
BY:
ATTEST:
Approved by the City Council CITY OF HAMPTON
1991.
BY:
ATTEST:
Approved by the City Council CITY OF VERMILLION
1991.
BY:
ATTEST:
-3-
Approved by the City Council CITY OF NEW MARKET
, 1991.
BY:
ATTEST:
Approved by the City Council CITY OF LAKEVILLE
1991.
BY:
ATTEST:
Approved by the City Council CITY OF ROSEMOUNT
1991.
BY : .
ATTEST:
Approved by the City Council CITY OF APPLE VALLEY
1991.
BY:
ATTEST:
Approved by the City Council CITY OF FARMINGTON
1991.
BY:
ATTEST:
Approved by the City Council CITY OF HASTINGS
1991.
BY:
ATTEST:
Approved by the City Council CITY OF BURNSVILLE
1991.
BY:
ATTEST:
-4-
Approved by the Town Board
, 1990.
Approved by the City Council
, 1990.
RAVENNA TOWNSHIP
BY:
ATTEST:
CITY OF COATES
BY:
ATTEST:
Approved by the City Council CITY OF ELKO
1990.
BY:
ATTEST:
Approved by the City Council
, 1990.
Approved by the City Council
, 1990.
CITY OF HAMPTON
BY:
ATTEST:
CITY OF VERMILLION
BY:
ATTEST:
Approved by the City Council CITY OF NEW MARKET
1990.
BY:
ATTEST:
Approved by the City Council CITY OF LAKEVILLE
1990.
BY:
ATTEST:
-5-
Approved by the City Council
, 1990.
Approved by the City Council
, 1990.
Approved by the City Council
, 1990.
Approved by the City Council
, 1990.
Approved by the City Council
, 1990.
CITY OF ROSEMOUNT
BY:
ATTEST:
CITY OF APPLE VALLEY
BY:
ATTEST:
CITY OF FARMINGTON
BY: .
ATTEST:
CITY OF HASTINGS
BY:
ATTEST:
CITY OF BURNSVILLE
BY
ATTEST:
0m-
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: November 20, 1990
AGENDA ITEM: Vermillion River WMO - Joint
AGENDA SECTION:
Powers Agreement Amendment
New Business
PREPARED BY: Dean Johnson
Director
AGENDA N��(�
,'��j(EE # 6 C
of Community Development
FTT;LCL'MENTS: Correspondence; Second Amendment
APPROVE?'BY:
to the Joint Powers Agreement; Resolution
The correspondence from Roger Knutson, Attorney for the
Vermillion River Watershed Management Organization (WMO),
explains the purpose of the proposed amendment: the addition of
Ravenna Township to the WMO and some "housekeeping" amendments.
I have spoken to Dan O'Neill, Rosemount's representative on the
nine -member Board. He has indicated that legislative changes
have led to two of three of the changes in the joint powers
agreement. The third change regards a "pre -payment commitment
or agreement by member "cities" to pay for any WMO improvements,
before they are ordered by the Board. Mr. O'Neill indicated the
WMO Board has recommended approval of the amendments by the
member cities. If unanimously approved, the Vermillion River WMO
._will consist of 21 rural cities, townships and urban cities.
1..J'� (.�- `'?/'�`-- `� i'j'+'t�,�.e_ ✓.�- ,.ter/✓,..,u�
R.ECOF_%.ENDED ACTION:
Motion to adopt A RESOLUTION APPROVING THE SECOND AMENDMENT TO JOINT
POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT COMMISSION 7OR
T:... VERMILLION RIVER WATERS ED.
COUNCIL ACTION:
Adopted resolution.
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Camphell
Roger N. Knutson
Thomas M. Scutt
Gan• G. Fuchs
James R Walston
Elliort & Knetsch
Greson• D. Lewis
Dennis J. linger
(612) 456-9539
Fax (612) 456-9542
TO: Vermillion River WMO Board Members
Vermillion River WMO Member City and Township Clerks
John Forrest, Dakota County Planning & Program Mgmt.
Brian Christensen, J.M. Montgomery Consulting Engineers
r:FROM: Roger Knutson
DATE.: October 24, 1990
RE: Amendment to the Vermillion River Watershed
Manaqement Organization Joint Powers Agreement
Enclosed is a proposed amendment to the Vermillion River Watershed
Management organization Joint Powers Agreement. Because of a recent
change in the WMO law, townships and cities that are partly within and
partly outside of the Metropolitan area are required for the first time
to do water planning. Because of the new requirement, Ravenna Township
has requested to become a member of the Vermillion WMO. The Vermillion
Board has endorsed this request. It will cost $7,000 to amend the WMO's
509 Plan to include Ravenna Township and the Township has agreed to pay
the cost. Since the Joint Powers Agreement must be amended to allow
Ravenna Township to become a member, the Board is also proposing a couple
of other housekeeping amendments.
The proposed changes to the Joint Powers Agreement are:
1. Paragraph 4. Ravenna Township is added as a member of Group
the Township group.
2. Paragraph 8, Subdivision 1. The vote required to order a public
improvement was changed from 4/5 to 2/3 to comply with changes mandated
by the 1990 legislation. The other changes clean up the language.
3. Paragraph 9, Subdivision 4(a). A provision was inserted to
require a member unit to pay for a project based upon estimated cost
before costs are actually incurred. This eliminates the potential of
awarding a contract, incurring substantial costs, and then having no way
to pay the bill.
4. Ravenna Township will pay the Commission $7,000 to amend the
watershed management plan.
Yankee Square Olice III • Suite -20? • 3',00 % ashinaton Drive • Ea;an, IMiN 55122
The Board requests that the member communities approve the
amendment. Each member community can sign a separate copy. If this is
acceptable, please have the signed copy sent to me for filing with the
Board. If you have any questions, please call me.
very trulyyours,
�
id`iJTSON , SCOTT
P. A.
RNK:srn ��bger N. Knutson
Enclosure
CAMPBELL, KNUTSON, SCOTT &. FUCHS, P.A.
Arromeys at Law
Thomas J. Campbell
Ruiter N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R Walston
Elliott B. l nemch
Gregory D. Lewis
Dennis). Unger
(612) 456.9539
Fax (612) 456.9542
TO: Vermillion River WMO Board Members
Vermillion River WMO Member City and Township Clerks
John Forrest, Dakota County Planning & Program Mgmt.
Brian Christensen, J.M. Montgomery Consulting Engineers
FROM: Roger Knutson
DATE: October 30, 1990
RE: Amendment to the Vermillion River Watershed
Management Organization Joint Powers Agreement
Enclosed please find revised second amendment to the
Vermillion River Watershed Management Organization Joint Powers
Agreement, which corrects a typographical error on page two. In
line 7 of the first full paragraph, "Chapter 529" was corrected to
read "Chapter 429".
Very truly yours,
C7S,
TSON, SCOTT
& I A .iBY JKnutson
RNK:srn
Enclosure
Yankee Square Office III • Suite 202 • 3460 tY,-z nincron Drive • Eagan, MN 55122
SECOND 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. 1990 Sections 471.59 and 473.875, et. seq.
1. Existing Agreement. The existing Joint Powers Agreement
for the Vermillion River Water Management Commission, including
the First Amendment thereto, shall remain in full force and
effect, except as specifically amended by this Agreement.
2. Paragraph 41 of the Joint Powers Agreement is amended by
adding Ravenna Township as a member of Group "A".
3. Paragraph 8, _Subdivision 1, is amended in its entirety
to read:
Subdivision 1. Before ordering an improvement, the
Board shall secure from its engineers or some other
competent person 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.
To order the improvement, a resolution setting
forth the order shall require a favorable vote of 2/3 of
the Board. The order shall describe the improvement,
shall allocate in percentages the cost allocation
0/?n/cn
between the member governmental units, shall designate
the engineers to prepare plans and specifications, and
shall designate who will contract for the improvement.
After the Board has ordered an improvement, it
shall forward an estimated time schedule for the
construction of the improvement. The Board shall allow
an adequate amount of time, and in no event less than
ninety (90) days, for each member governmental unit to
conduct hearings, in accordance with the provisions of
Chapter 429 or the charter requirements of any city, or
to ascertain the method of financing which the member
governmental unit will use to pay its proportionate
share of the costs of the improvement.
If the Commission proposed to use Dakota County's
and/or Scott County's bonding authority, or if the
Commission proposed to certify all or any part of a
capital improvement to Dakota and/or Scott County for
payment, then and in that event all proceedings shall be
carried out in accordance with Minnesota Statutes §
473.883.
The Board shall not order and no engineer shall
Prepare plans and specifications before the Board has
adopted a resolution ordering the improvement. The Board
may order the advertising for bids upon receipt of
notice from each member governmental unit who will be
assessed that it has completed its hearing or determined
its method of payment, or upon expiration of ninety (9o)
days after the mailing of the estimated time schedule to
the members, whichever occurs first.
4. Paragraph 9, Subdivision 4(a), is amended to read as
follows:
Subdivision 4. Camital Improvement.
(a) An improvement fund shall be established for
each improvement project ordered by the Commission. Each
member agrees to contribute to the funds its propor-
tionate share of the engineering, legal, and admini-
strative costs as determined by the amount to be
assessed against each member as a cost of the improve-
ment. The Board shall submit in writing a statement to
each member, setting forth in detail the expenses
incurred by the Commission for each project.
Each member further agrees to pay its proportionate
share of the cost of the improvement in accordance with
the determination of the Board under Paragraph 8,
Subdivision 1. The Board, in its discretion, may require
members to make advance payments based upon estimated
-2
costs, subject to adjustment to reflect actual costs, or
may bill the members as costs are actually incurred.
These payments shall be made within thirty (30) days
after the request for payment is mailed. If advance
payments are not requested, the Board or the member
awarding the contract shall submit in writing copies of
the engineer's certificate authorizing payment during
construction and the member being billed agrees to pay
its proportionate share of the costs within thirty (30)
days after receipt of the statement. 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. .
5. Watershed Management Plan. The Vermillion Watershed
r Management Commission's Watershed Management Plan shall be
amended to include Ravenna Township. Ravenna Township shall pay
the Commission $7,000.00 to prepare the amendment. Payment shall
be made when the amendment has been completed.
6. Effective Date. This Agreement shall be in full force
and effect when all twenty (20) existing members and Ravenna
Township approve and sign this Agreement. All members need not
sign the same copy. The signed Agreement shall be filed with the
Public Works Director of the City of Apple Valley. Prior to the
effective date of this Amendment, 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. Sec.
471.59.
Approved by the Town Board EMPIRE TOWNSHIP
1990.
BY:
ATTEST:
-3-
Approved by the Town Board
, 1990.
Approved by the Town Board
1990.
Approved by the Town Board
1990.
Approved by the Town Board
, 1990.
Approved by the Town Board
, 1990.
Approved by the Town Board
, 1990.
Approved by the Town Board
1990.
Approved by the Town Board
, 1990.
MARSHAN TOWNSHIP
BY:
ATTEST:
EUREKA TOWNSHIP
BY:
ATTEST:
CASTLE ROCK TOWNSHIP
BY:
ATTEST:
DOUGLAS TOWNSHIP
BY:
ATTEST:
NININGER TOWNSHIP
BY:
ATTEST:
NEW MARKEET TOWNSHIP
BY:
ATTEST:
VERMILLION TOWNSHIP
BY:
ATTEST:
HAMPTON TOWNSHIP
BY:
ATTEST:
-4-
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1990-
A RESOLUTION APPROVING THE SECOND AMENDMENT
TO JOINT POWERS AGREEMENT ESTABLISHING A
WATERSHED MANAGEMENT COMMISSION FOR THE
VERMILLION RIVER WATERSHED
WHEREAS, the City of Rosemount is a member of the Vermillion
River Watershed Management Organization (WMO); and
WHEREAS, the Vermillion River WMO Board of Commissioners has
recommended approval of an amendment to the WMO joint powers
agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Second Amendment to Joint Powers
Agreement Establishing a Watershed Management Commission for the
Vermillion River Watershed.
ADOPTED this 20th day of November, 1990.
t
Vernon J. Napper, Mayor
ATTEST:
Susan M. Johnson, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Z
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