HomeMy WebLinkAbout6.c. Vermillion River WMO - JPA Amendment .. �
CITY OF R05EMOUNT
E%ECUTIVE .StJNII�iARY FOR ACTIQN
CITY COUNCIL MEETING DATE: November 20, 1990
RGENDA ITEM: Vermillion River WMO - Joint AGENDA SECTION:
Powers Agreement Amendment New Business
PF.EFARED BY: Dean Johnson AGENDA N
Director of Community Development �� � 6 �
�T��CI�ENTS: Correspondence; Second Amendment APPRQVE HY:
to �l:e Joint Powers Agreement; Resolutian %�
' �
The correspondence from Roger Knutson, Attorney for the
Vermillion River Watershed Management Organization (WMO) ,
ekplair.s the purpose of the proposed amendmentr the addition of
�avenna Township to the WM0 and some °housekeeping" amendments.
I have spoken to Dan 0'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. Tne third change regards a "pre-payment commitment°
or agreement by member "cities° to pay for any WMO improvements,
beiore they are ordered by the Board. Mr. 0'Neill indicated the
WN:O Board has recommended approval of the amendments by the
me:nber cities . If unanimously approved, the Vermillion River WM0
:, will consist of 21 rural cities, townships and urban cities .
�ECaMM£NDED 3�CTION:
Motion tc adopt A RESOLUTION APPROVING THE SECOND AMENDMENT TO JOINT
PGWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT COMMTSSION FOR
TI?E VE'�'�lILLION RIVER WATERSHE�.
COIJI�T�IL �CTIOAT:
Adopted resolution.
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attc>rne��s ac Law
Thumas J. Campbell
Ruker N. Knutxm
(612)456-9�39
Thpmas bt. Scutt
Gary G. Fuchs Fax(612) 45b-���}?
)ame�R. Walston
Elliott B. Knecsch
Gregory D. Lewis
Dennis). Un�er
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: RogPr Kn�tson
DATE: October 24, 1990
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. 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. Beeause 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. Paraqraph 4. Ravenna Township is aaaea as a member of Group
"A" , the Township group.
2. Paragraph 8, subdivision 1. The vote reguired 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. Paraqraph 9, Subdivisian 4 (a) . A provision was inserted to
require a member unit to pay for a project based upon estimated cost
before casts are actually incurred. This eliminates the potential af
awarding a contract, incurring substantial costs, and then having na way
to pay the bill.
4. Ravenna Township will pay the Commission $T,000 to -amend the
watershed management plan. ,
Yankee Square Office III • Suire 202 • 3460 Washington Drive • Eagan, MN 5�122
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 tru ours,
�
C PBELL, SON, SCOTT
, P.A.
RNK:srn • oger N. Knuts6n
Enclosure
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
,�tcc�rneys at La�v
Tliumas J. Camphe(1
Ruker N. Knutxm
Thomas M. Scott (612)456•9�39
Gary G. Fuchs Fax(612)456-9�42
James R Walston
Elliott B. Knecsch
Gregory D. Lewis
Dennis J. Unger
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,
C TSON, SCOTT
&p�C3HS, .A.
i
BY:�
ger/N. Knutson '
RNK:srn
Enclosure
Yankee Square Office III • Suite 202 • 3460 ti�lashington Drive • Eagan, MN »l22
SECOND AMENDMENT
TO
JOINT POWERS AGREEMENT
ESTABLISHING 3s, AATERSHED MANAGEMENT COMMISSION
FOR THE VERMILLION RIDER WATEFcSHED
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. Existinq AqresmenL. The existing Joint Fowers 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. Paraqraph 4, of the Joint Powers Agreement is amended by
adding Ravenna Township as a member of Group "A".
3. Paraqraph 8, Sutbdivision 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 sha11 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 €avorable vote of 2/3 of
the Board. The order shall describe the improvement,
shall allocate in percentages the cost allacation
r10/30/90
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, tor 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 whieh 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 shali 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 (90)
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. Ca ital 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, leaal, 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, subj,ect 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 reguested, 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 ar 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 Manaqement 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 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 ne�d not
sign the same copy. The signed Agreement shall be filed with the
Public Works Director of the City of App1e Va11ey. 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 I
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 MARSHAN TOWNSHIP
, 1990.
BY:
ATTEST:
Approved by the Town Board EUREKA TOWNSHIP
, 1990.
BY:
ATTEST:
Approved by the Town Board CASTLE ROCK T�WNSHIP
, 1990.
BY:
ATTEST:
Approved by the Town Board DOUGLAS TOWNSHIP
, 1990.
BY:
ATTEST:
Approved by the Town Board NININGER TOWNSHIP
, 1990.
BY:
ATTEST:
Approved by the Town Board NEW MARKET TOWNSHIP '
, 1990.
BY:
ATTES'Z':
Approved by the Town Board VERMZLLION TOWNSHIP
, 1990.
BY:
ATTEST:
Approved by the Town Board HAMPTON TOWNSHIP
, 1990.
BY:
ATTEST:
-4-
,
Approved by the Town Board R.AVENNA TOWNSHIP
, 1990.
BY:
ATTEST•
Approved by the City Council CITY OF COATES
, 1990.
BY:
ATTEST•
Approved by the City Council CITY OF ELKO
, 1990.
BY:
ATTEST:
Approved by the City Council CITY OF HAMPTON _
, 1990.
BY:
ATTEST:
Approved by the City Council CITY OF VERMILLION
, 1990.
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 CITY OF ROSEMOUNT
, 1990.
BY:
ATTEST:
Approved by the City Council CITY OF APPLE VALLEY
, 1990. ,
BY:
ATTEST:
Approved by the City Council CITY OF FARMINGTON
, 1990.
BY:
ATTEST:
Approved by the City Council CITY OF HASTINGS
, 1990.
BY:
ATTEST:
Approved by the City Council CITY OF BURNSVILLE
, 1990.
BY:
ATTESTt
-6-
CITY OF ROSEMOUNT
� DAKOTA COUNTY, MINNESOTA
� RESOLUTION 1990-
A RESOLUTION APPROVING THE SECOND AMENDMENT
TO JOINT POWERS AGREEMENT ESTABLISHING A
WATERSHED MANAGEMENT COMMTSSION FOR THE
VERMILLION RIVER WATERSHED
- WHEREAS, the City of Rosemount is a member of the Vermillion
River Watershed Management Organization (WM0) ; 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 h�reby approves the Second Amendment to Joint Powers
Agreement Establishing a Watershed Management Commission for the
Vermillion River Watershed.
RDOPTED this 20th day of November, 1990 .
Vernon J. Napper, Mayor
ATTEST:
Susan M. Johnson, City Clerk
Motion bys Seconded by:
Voted in favor:
Voted against•
1