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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 ._ 1