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HomeMy WebLinkAbout9. Vermillion Watershed Joint Powers Agreement Amendment ♦ f P.O. BOX 510 ����� Q 2875-145TH ST. W. Qsemoun� �pSEMOUNT. MINNESOTA 55068 612-423-dd11 T0: MAYOR, CITY COUNCIL, CITY ADMINISTRATOR FR�M: DEAN JOHNSON, OIRECTOR OF COMMUNITY DEVEI.OPMENT DATE: MARCH 23, 1990 SUBJ: VERMILLION WATERSHED JOINT POWERS AGREEMENT , i The City was just notified by Jim Robinette, City of Lakeville, tfiat he had nat yet received the executed joint powers agreement from Rosemount r�garding membership on the Vermillion Wat�rshed. After much scrambling� we hav�e re�eived th� attached first Amendment to the Joint Pawers Agreement. No one ever remembers seeing the amendment before. Perhaps we were missed in the mailing. In any event, action is required by the 20 member cities and towns by April 1, 1990 or the entire process will become null and void and have to be re-initiated, The purpose of the amendment is to modify the representation on the Board. �he original joint powers agreement set membership as follows: twa members appointed by the townships (Graup A) ; one member appointed by the "sma11 cities° (Group AA) ; and two members appoin�ed by the "urban cities° (�roup AAA) . The original agreement also established the make-up of an "interim board" which would exist until the Vermillion Watershed Management Plan was adopted. The interim board had the following representation: three members - Group A; two members - Group AA; and four members - Group AAA. 7he interim board has recommended that the permanent make-up of the board ' maintain its interim 3-2-4 make-up and not revert to the 2-1-2 format. � The current board has suggested that a permanent nine member board may allow greater community representation and involvement than the five �remb�r board. �osemount is a member of Group AAA. Dan 0'Neill has served on behalf of Rosemount in Group AAA since the inception of the watershed. Dan will be at the meeting to answer any questions the Council may have. I would recommend that the Council approve the amendment to the joint powers agreement. t iAR-�'-1Q9� 13�57 FRC�P1 CAt1FBELL� SCCiTT 8: F�i��i-� Tn 423���3 F.27 : � � �r�eT �rm�x�r � JOIN'1' POW81tB Aa�EMENT EBTABI,�IS�INO A 11AT8R888D 1+[ANm(�BMRNT �al�iM#88IOIQ 80R THS YERKILLTON RIVBR N'!1T$R8�.t8D � The partfes to this Agreement are members o� the Vermi.ilion � River water Management Gommiss;ion, This Am�ndment ia made � pursuant to the authorfty conferred upon the parties by Minn. Stat. 1988 Sections 471.59 and 473.875, et. seq. 1. Bsisti�q Aqreet�ent. The exist3.nq Joint powers Agreement for the Vermillfon Rfver Wa�er Management Commission shall. remain �� in full force and effPct, exc�pt as spe�ifiaally amended by this Agreement. �. Paraqra�ph 6, Subdivisiona i and 2 nf the Joint �ower�o Aqreement are amend�d in their entirety to read: Subdiv3.sion 1. The qovernf.nq body of the Commission shall be its Board, which shall cansiat of nine (9) membere. The governing bodies of Grovp A shall jointly appoint three (3) Commissioners. The gover.n�nq bodies of Group AA shal�l joiritly appoint two (2j Commissioners. The gaverninq bodie� of Group AAA shall jointly appoa.nt four (4) commissioners. Vacancies in offic� sha11 b� �i11ed for th� r�mainc3er of the term k�y �.he governinq , bodies who appointed or hacl the ri.ght ta app�iint the Commissioner. For purp�ges of appointinq C.c+mmissioners, each member shall. appoi.nt a delegate. Thp delegate� of Group A shall � meet upon ten (id) days notice at a time and place selected by rhe Clc�rk of the EmpirE Townghfp Haard. Graup AA sh2�11 meet upon I� ten i (lo) days notice at a time and plac� sel�cted by� the Ci�y r01 /Q8/90(9) f�iF=�P�-2'-1?90 13�5� FRnP1 CAP•1FBEI�L. S�OTT 8< FI IrF{c TO 42 s��? F'.Gt? m�mber governmental unit�, �ahall de�Sgnate the engineer� to • pr�pr�re plans and �peaitie+���.on�, and sht�11 de�ign�+t� wha ' wi11 contract for the impravement. .' 4. Paraqrapb 8 fs �mended by adding S�bdivision 23 to re�ds , The Board may creake a management subcomreitt�e r.om�risec� of Board memberg and may de]:egate authority to tt except that ;.' it may not deleg�te the �►uthorfty to order the construction of improvement projects. 5. Paraqrnpb 9, 8ubdivisioa 5 is amended to read: '�. Subdiv3sion 5. Capital Cost Allacatfon of Impravements in � the Board�s Watershecl Management Plan. All cap3tal improvement casts of improvements designated 3n th� Board�s gdopted watersh�d ma�agement plan for aort�tructian by the Board �hall be appor�ioned ta members on any of the following. ba�es: � (a) The ratio of rea]. property valuation of �ach membcr within the boundaries of the benPfited area to th� total real property valuation within the entire behefited arer�. (b) The ratio of qvantity and/or quality of etormwater pr�duced by each member within the boundaries of th� b�n�ftt�d a�raa to th� total quantity �nd/or gue►lity of stor�awat�r producod by th� entire� benefited ar�a. (c) Ttie ratia of benefft receivec� by ea�ct� m�mber to th� total benefit by the e�tire �rea of the prdjeet. (d) Pursuant to Minn. Stat. Sec. 4?3.883. 6. 8ttective Dat�. This Agreeinent shall be ih full force and eff�ct whe� all tw�nty (20) me�nber.s approve and gign this Agreement. All membera need not siqn the same copy. Ths signed Agreement shall be filed with the Pub13.c Works Director of th� City of Apple Va11ey. Prior ta the effective da�e of this Amendment, ariy signa�.ory may rescind th�ir approval. Unless all twenty (20) members have �aiqn�d thi� Amer►dment by Apr3.1 1, 1990, it shall be null and void. ' -3- I��tA��-�i-9.���� 13�59 FFCN�t CAPIF�EL�• SCf_tTT g, Fi�HS Tf_1 423��3 F.�? member governmental units�� �h�ll design��e the engineers �o � pr�pere plans a�nd sg�ci�icetion�, r�nd ehe11 d�esign�Ce► aho will contra�ot for th� improve�m�nt. . 4. Paraqrapb e is amended by addi�g Suhdivfsion 23 to re�d: , The 8oard may crea�te � manaq�ment �ubcomin�.tteg r,omprisec� of Board memb�r� and may delegr�t� authority to it except that ��,'' it may not dei�gate the r�uthori.ty to order the con�truetion of improvement pro�ects. 5. paraqrapb 4, 8ubdivision 5 is amended to r�ad. ��. ; Subdiv3sion 5. Capital Co�t Allocatfon of Improvements in � the Board�s Watershed Management Flan. All oapital improvement costs of improv@ment� designated in the Board'� �dopted wa�tershed management plan for con�tr�ction by th� Board ghall be apportioned to memb�rs on any nf the follawing bases: . (a) The ratfo of real property v�luation of each memb�r within the boundari�s of the benefited area to th�a total real property valuation within th�: entire ber�efited �re�. ' (b) The ratio of qvantity and/or qu�lfty of atarmwater pr�duced by each member within th+� boundaries of the benefited area� to the totsl quantity and/e�r qur�lity of stormwat�r produced by th� entirA ben�fit�c9 sr�+a. (c� The ratio of benefit received by eactf inember to the total benefit by the ehtire area of the project. (d) Pursuant to Minn. Stat. Sec. 473.8�3. 6. Etfeetive bate. This �gr�ement shal� be in full force and effect when $11 twenty (20) m�mber.s 8pprov� �ncl sign this Agreement. AlI members need not sign the satae copy. The signed Agreement shall be filed with the Publ.ic Works birector af th� City of Apple Valley. Prior to the effectiv� d�te of this Amendment, any aignatory may rescind their $pproval. Unlesa all twenty (20) memberg have �igned this Amendment by Apr�l 1, 199t}� it shall be null and void. _g_ ��H��-��-1=��� 14��_�� F�nr� rAt1FBE�L. SCnTT Q: Fi IrH� Yp 4235203 F.iy . IN WITNESS WHF.REpFo the undersigned gbver�mental u�its, by action of thefr gov�erning bodies, have ca.used this Agreemert� to be executed in accordance with the authority of Minn. Stat. Sec. 1 471.59. Approved by the Town Board EMPIRE TOWNSHIP . 1990. � BYs . ATTEST: Approved by the Town Board MARSH�AN TOWNSHIP , 1990. . BY: AT'rLST: I A . pproved by the Town Board EtJREKA TOWNSHIP � , 199Q. BY: . ATTESTt , Ap roved b p the , Y Town Bvard CASTLE ROCI{ TOWNSHIP r 1990. . HY: ' ATTESTt . Approved by the Town Board DOUGLAS �'OWNSHiP , 1990. BYS . ATTESTt Appraved by the Town 8oard NININGER TOWNSHIP , 1990. BYt �ATTEST: -4- P1!�-2�--19�� 14�01 FROM GAt1FE�ELL+ SCQTT & FUCM� TO 423�2A3 R.i l s r ' i . Approved by the Town IIoard NEW MARKET TOWNSHIP � , 1990. � • BY: � � � � ��;�: �TTESTt � Approve�l hy �he Town Board VERMILLION TOWNSHIP , 1990. . BY: AfiTEST: Approved by the Town Saard KAMPTON TOWN3NIP , 1990. . BY: � ATTEST: . Approved by the City Counci7. CZTY OF COATES _, 1990. BY2 ATTEST: • Ap�roved by the City Council CITY OF ELICO , 1990. 8Y: ATTESTt Approved by the City Cou»cil GITY C1F HAMP'rqN , 1990. . BYs ATTESTt • Approved by the City Council CITY O�' VERMILLION , 1990. BY. ATTESTs _�� . P1AR-�3--1�90 14�E�1 FROPI CAh1FBELL.� SCOTT & FLICH� TO d235293 F.11 Y- t �1• ` Approved by the Town IIoarr� N�W MARIC�T TOWNSHIP � , 1990. . BY: ,, A'1'T$ST s ' Approved by �he Town Board VERMILLZON TOWNSFiIP , 1990. BY: � AT'rEST: Approved by the Town Board HAk1PTON TOWNSHIP , 199p. � . BY: � A'I"t'�ST: . Approved by the City Counci]. CITY OF C�ATES _, 1990. HY: �TTSSTs � Appacoved by the City Council CITY OF LLRo , 1990. 8Y: ATTEST: Approved by the Cit�r Co�ncil CYTY OF HAMPTQN , 1990. BY: A�r�sT: . . Approved by the City Council CITY O�' VERMILLION , 1990. BY! ATTEST! _g_ • �1AR-�3-19?�J 1d�Q1 FRt_►hi CAf1FBELL• SC�TT S� FiJ�_HS TO 4235203 P.12 Approved by the City Caunc�.l CITY OF NEW MARKET , 1990. BYs ATTES'r: � Approved by the City Council CITY OF LAKEVxLLE , 1990. $Ys � ATTE$T; . Approved by the City Caunci�. CITY �F ROS�MOUNT , 1990. . . BY: � . AT'rEST t Approved by the City Council CITY OF APPLE VALLEY , 1990. BY: ATT�ST: � Approved by the City Cauncil CITY OF FARMINGTON , 1990. . BYs ATTEST: Approved by the City Council CITY OF HASTTNGS —- r 199Q. BY! ATTESTt Approved by the City Council CTTY OF BURNSVILLE , 1990. BYs ATTEST: _6.. � I P.Q. BQX 510 �'� ��Z�� � 2875-145TH ST. W. '` OSQ/i'�OZC�� ROSEMOUNT. MINPJESOTA 55068 � 612-423-441 t March 23, 1990 Dr. Lyle Wray Dakota County Administrator 1560 Hzghway 55 iiastings, MN 55033 s. Dear Dr: Wray: The City of Rosemount has received the copy of the resalution of the County Board, opposing the establishment of Economic Developrnent District No. 1-1 �.n the City. The resolution specific�lly referenced the County's desire that Rosemount "includ�s the County's raad costs as�ociated with future TIF pr6jects in the TI�' plans . " I would like to point out that the City specifically addre5sed this issue in this particul�r plan. Section 2 . 8 of the Finance Plan identifies the acquisition of right-of-way for the expansion of 160th Street. As you are aware, the County is in the process of taking over ownership of 160th Street. Right-of-v,�ay acquisition on existing alignmen�s of County roads are County expenditures . The City is proposing the use of TIF funds for this purposer Please do not h�sitate to contact me, if furthe� clarification of I�evelopment District 1 and Economic �evelopment District 1-1 would be helpful . Sincerely, Ste han Ji City Admi strator SJ:DQ