HomeMy WebLinkAbout2016-048 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 1648
RESOLUTION APPROVING THE REVISED JOINT POWERS AGREEMENT
TO PROTECT AND MANAGE THE VADNAIS LAKE AREA WATERSHED
WHEREAS, the City of Lino Lakes (the "City") is party to a joint powers agreement entitled
JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE VADNAIS LAKE AREA
WATERSHED (the "Joint Powers Agreement"); and
WHEREAS, the Joint Powers Agreement provides for the establishment of the Vadnais Lake
Area Water Management Organization, organized in accordance with the Metropolitan Surface Water
Management Act, Minn. Stat. § 103B.201 et seq., and Minn. Stat. § 471.59, which is managed by a
Board of Directors ("Board"); and
WHEREAS, the Board has identified various amendments to the Joint Powers Agreement it
recommends to the communities, including the need to extend the term of the agreement as it is
currently set to expire; and
WHEREAS, the Board has recommended a revised Joint Powers Agreement that includes
the proposed amendments as well as extends its term to January 1, 2025; and
WHEREAS, the Joint Powers Agreement can only be amended with the agreement of all
member communities; and
WHEREAS, the City Council has determined that it is reasonable, prudent and in the best
interest of the public to approved the revised Joint Powers Agreement and extend its term to January
1, 2025 if all member communities agree to such an extension, or to January 1, 2020, if all member
communities do not agree to a January 1, 2025 extension.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes:
1) The revised Joint Powers Agreement, which supersedes and replaces the existing Joint
Powers Agreement, is hereby approved and adopted as presented.
2) The extension and continuation of the Vadnais Lake Area Water Management Organization,
and of the Board, to January 1, 2025 in accordance with the terms of the revised Joint Powers
Agreement is hereby approved.
3) If all of the communities do not approve the January 1, 2025 extension by a date established
by the Board, the revised Joint Powers Agreement shall be deemed approve with a term
extending to January 1, 2020.
4) The Mayor and City Clerk are authorized and directed to execute the revised Joint Powers
Agreement and deliver a copy thereof and a copy of this Resolution to the Secretary of the
Water Management Organisation.
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Adopted by the Council of the City of Lino Lakes this 13th day of June, 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Rafferty and was duly seconded by Council Member Maher and upon vote
being taken thereon, the following voted in favor thereof:
Rafferty, Maher, Manthey, Kusterman, Reinert
The following voted against same:
none
ATTEST:
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CITY COUNCIL
AGENDA ITEM 6F
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: June 13, 2016
TOPIC: Consider Resolution No. 16-48, Approving the Revised Joint
Powers Agreement to Protect and Manage the Vadnais Lake Area
Watershed
VOTE REQUIRED:
INTRODUCTION
3/5
Staff is requesting City Council consideration to approve the revised Joint Powers Agreement
(JPA) for the Vadnais Lake Area Water Management Organization.
BACKGROUND
The Vadnais Lake Area Water Management Organization (VLAWMO) was established in
1983 and is responsible for managing a watershed area in northern Ramsey County and
southeastern Anoka County. The watershed area includes a small area of approximately 1,000
acres in Lino Lakes. The balance of the City is managed by the Rice Creek Watershed District
(RCWD).
VLAWMO operates under a Joint Powers Agreement between the Cities of Gem Lake, Lino
Lakes, North Oaks, Vadnais Heights, and White Bear Lake and the Township of White Bear.
The organization is managed by a Board of Directors made up of one represented, who must be
an elected official, from each community. Council member Rafferty currently serves as the
director representing Lino Lakes. Funding for the organization is currently provided through
stormwater utility charges on property within the VLAWMO service area.
The City Council approved the last extension in April of 2012. The existing JPA is set to
expire on December 31, 2016. VLAWMO has drafted and distributed for consideration an
updated 10 year JPA that will run from 2017 through 2026.
Most of the changes beyond the dates noted above are relatively minor in nature. Statutory
references have been updated by their attorney. Ditch authority language was discussed with
the Minnesota Board of Water & Soil Resources (BWSR) and the VLAWMO attorney and
updated accordingly. VLAWMO remains the ditch authority for County Ditches 13 and 14 and
will continue its management efforts. The Annual meeting of the watershed may now be held
in April to allow new board appointments and annual reporting to be completed. The Board
offices of Secretary and Treasurer have been officially combined which reflects current
practice. Financial disbursement practice language has been updated to reflect what meets
current government accounting standards.
The resolution also provides for the extension of the existing agreement until January 1, 2020 if
all member communities do not agree to the January 1, 2025 extension.
RECOMMENDATION
Staff is recommending approval of Resolution No. 16-48.
ATTACHMENTS
1. Resolution No. 16-48
2. Revised VLAWMO JPA
JOINT POWERS AGREEMENT
TO PROTECT AND MANAGE THE
VADNAIS LAKE AREA WATERSHED
THIS AGREEMENT, made and entered into as of the last date of execution, by and between the
participating units of local government of the Cities of Gem Lake, Lino Lakes, North Oaks,
Vadnais Heights, and White Bear Lake and the Township of White Bear, hereafter referred to as
"Members" and individually as "Member", agree to continue the Vadnais Lake Area Water
Management Organization, as a public agency.
SECTION I
GENERAL PURPOSE
The Vadnais Lake Area Water Management Organization (VLAWMO), created pursuant to
Minnesota Statutes, Section 471.59, is dependent upon the sincere desire of each Member to work
cooperatively to meet the requirements of the Metropolitan Surface Water Management statute,
Minnesota Statutes, Section 103B.201 et seq. (and Chapter 103D - Watershed Law), hereafter
collectively referred to as the "Act".
It is the general purpose of the parties to this Agreement to establish an organization to:
1) Continue the Vadnais Lake Area Water Management Organization;
2) Develop and amend a water management plan; and
3) Operate appropriate programs including those to:
a) protect, preserve and use natural surface water and groundwater storage and retention
systems;
b) minimize capital expenditures necessary to correct flooding and water quality
problems;
c) identify and plan for means to effectively protect and improve surface and groundwater
quality;
d) establish more uniform local policies and official controls for surface and groundwater
management;
e) prevent erosion of soil into surface water systems;
f) promote groundwater conservation and recharge; and
g) protect and enhance fish and wildlife habitat and water recreational facilities and secure
other benefits associated with the proper management of surface and groundwater, and
be in accordance with the Act.
SECTION II
VADNAIS LAKE AREA WATERSHED
VLAWMO shall manage a watershed area in northern Ramsey County and southeastern Anoka
County shown on the map set forth on Appendix A.
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SECTION III
DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings as defined in this
Section.
"Agreement" — This Agreement pursuant to Minnesota Statutes, Section 471.59 reconstituting the
Vadnais Lake Area Water Management Organization (VLAWMO).
"Area" — The boundaries of the Vadnais Lake Area Watershed as set forth on the map set forth on
Appendix A and hereafter referred to as the "Area".
"Board of Directors" or `Board" — The governing board of VLAWMO consisting of one elected
official from each of the Members which are parties to this Agreement.
"Capital Improvement Program" — An itemized program for at least a five-year prospective
period, and any amendments to it, subject to at least biennial review, setting forth the
schedule, timing, and details of specific contemplated capital improvements by year, together
with their estimated cost, the need for each improvement, financial sources, and the financial
effect that the improvements will have on the local government unit or watershed management
organization.
"City Council or Town Board" — The governing body of a governmental unit which is a Member
to this Agreement.
"City Staff' — Persons hired by units of local government whether as an employee or an
independent contractor.
"Commissioner" — A person appointed by each Member to the Technical Commission.
"Comprehensive Plan" or "comprehensive plan" — The meaning given it in Minnesota Statutes,
Section 473.852, Subdivision 5.
"Director" — An elected official appointed by each Member as a representative to the Board of
Directors.
"Governmental Unit" — Any city, town, township, county, school district, or other political
subdivision or an "instrumentality of a governmental unit" as described in Minnesota Statutes,
Section 471.59, Subdivision 1.
"Local Government Unit" — Cities, counties and towns, not including school districts, as described
in Minnesota Statutes, Section 473.852, Subd. 7.
"Local Water Management Plan" - A plan adopted by the each of the members pursuant to
Minnesota Statutes, Section 103B.235.
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"Member" — Each local governmental unit that is a party to this Agreement.
"Technical Commission" — A commission composed of a technically skilled person appointed by
each Member.
"Vadnais Lake Area Watershed" — The area contained within a line drawn around the extremities
of all terrain whose surface drainage is tributary to Vadnais Lake or as described in Appendix A.
"VLAWMO" — The abbreviated name of the organization created by this Agreement, the full
name of which is the "Vadnais Lake Area Water Management Organization".
"Watershed Management Plan" - A plan adopted by VLAWMO pursuant to Minnesota Statutes,
Section 103B.231.
SECTION IV
ORGANIZATION OF VLAWMO; RESPONSIBILITIES OF MEMBERS
Subdivision 1. Board of Directors. The governing body of the VLAWMO shall be its Board of
Directors.
Subdivision 2. Appointment of Directors. Each Member shall appoint one representative, who
must be an elected official, to the Board, and said representative shall be called a "Director". The
appointment process shall follow Minnesota Statutes, Section 103B.227, Subdivisions 1 and 2.
Subdivision 3. Term of Office. Each Director shall serve at the will and consent of the Member
making the appointment and for a three-year term of office as follows:
1) The Directors appointed by the Cities of Lino Lakes and White Bear Lake and the
Township of White Bear shall be appointed for three-year terms, the beginning date of
which was January 1, 2013 and every three years there after.
2) The Directors appointed by the Cities of North Oaks, Gem Lake and Vadnais Heights shall
be appointed for a term of three years, the beginning date of which is January 1, 2014 and
every three years there after.
The term of office of each Director shall commence from the date of their appointment and will
continue until their successors are selected. A Directors appointed to fill a vacancy shall serve out
the remainder of the term of the Director the person succeeded.
Subdivision 4. Eligibility to Serve. Each Member shall determine the eligibility or qualification
standards for its Director appointment. Eligible appointees must be elected officials and compliant
with Minnesota Statutes, Section 103B.227, which, among other things, provides that local units
of government staff may not serve as a Director.
Subdivision 5. Record of Appointment. Each governmental unit shall, within thirty (30) days
following the appointment of a Director or Successor Director, file a written notice of such
appointment with the Secretary -Treasurer of the Board.
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Subdivision 6. Appointment of Alternate Director. One Altemate Director shall be appointed
by each of the Members to this Agreement. The Alternate may attend the meetings of the Board
of Directors, but only the appointed Director, or the Alternate Director in the absence of the
Director, shall be allowed to vote on any matters before the Board.
Subdivision 7. Appointment of Technical Commission Representative. Each Member to this
Agreement shall appoint one commissioner and may appoint one altemate to serve on the
Technical Commission.
Subdivision 8. Compensation. Directors shall serve without compensation and without expense
allowance from VLAWMO. A Director may be reimbursed for out-of-pocket expenses incurred
on VLAWMO business with the approval of the Board. A Member may compensate its Director
or Alternate for his/her service, in the discretion of the Member.
SECTION V
ORGANIZATION OF THE BOARD OF DIRECTORS
Subdivision 1. Annual Meeting; Election of Officers. At a meeting of the Board held no later
than April of each calendar year, also known as the Annual Meeting, the Board shall elect from
among the Directors a Chair, Vice Chair, and a Secretary -Treasurer, and such other officers as it
deems necessary to conduct its meetings and affairs ("Officers"). An Alternate Director may not
serve as an officer of VLAWMO.
Subdivision 2. Duties of Officers.
1) The Chair shall preside over meetings of the Board, and in the absence of the Chair, the
Vice Chair shall perform this duty. In the absence of the Chair or Vice Chair, the
Treasurer shall preside. The Chair shall retain all rights of a Director to speak, make
motions and vote.
2) The Vice Chair shall preside at meetings when the Chair is absent and shall automatically
be promoted to complete the annual term of the Chair if the then current Chair resigns or is
removed from the Board.
3) The Secretary -Treasurer shall maintain a record of the proceedings of the Board, be
responsible for the custody of the records of the Board, see that notices are duly given and
complete such other duties as the Board may assign. The Secretary -Treasurer shall also be
responsible for all monies of VLAWMO and shall periodically report the fiscal condition
of VLAWMO to the Board. If the duties of the Secretary -Treasurer are delegated to a
VLAWMO employee, the Secretary -Treasurer shall supervise the performance of those
duties.
Subdivision 3. Quorum. A majority of the Members present shall constitute a quorum at all
Board meetings. No business or decision may be made without a quorum.
Subdivision 4. Meetings. Regular meetings of the Board shall be held at least bi-monthly on a
day and time selected by the Board. All meetings of the Board are subject to the Minnesota Open
Meeting Law. Notice of the time and place of each meeting shall be sent to all Members,
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provided to the public requesting this information, and follow notice requirements outlined in
Minnesota Statutes, Section 13D.04. Meetings shall be conducted in accordance with rules
adopted by the Board.
Subdivision 5. Voting. Each Director shall have one (1) vote in all matters, as follows:
1) approval of the proposed annual VLAWMO operating budget shall require approval of a
simple majority of all Directors;
2) approval of capital improvement projects will require approval of two-thirds (2/3) of all
Directors; and
3) approval of all others matters will be determined by a simple majority of Directors present
and voting.
Subdivision 6. Committees. The Board may appoint such committees and subcommittees as it
deems appropriate. At least one Board member shall be the appointed as the Chairperson of each
committee and all committees shall regularly report their activities to the Board.
Subdivision 7. Public Participation. The Board may appoint such committees and
subcommittees composed of citizens as needed to provide for public participation and input in
watershed activities and the responsibilities of VLAWMO. Such citizen committees shall be
advisory.
SECTION VI
RESPONSIBILITIES AND DUTIES OF THE BOARD OF DIRECTORS
Subdivision 1. Policies and Procedures. The Board shall adopt rules and regulations as it deems
necessary to carry out its duties and the purpose of this Agreement. Such rules and regulations
may be amended from time to time in either a regular or special meeting of the Board provided
that notice of such proposed amendment has been given to each Director at least ten (10) days
prior to the meeting at which the proposed amendment will be considered. These rules and
regulations, after adoption, shall be recorded in the VLAWMO policy book.
Subdivision 2. Watershed Management Plan (Plan). The Board shall adopt a water
management plan, as required by the Act. The Plan shall be subject to the appropriate
governmental unit review as required by the Act.
Subdivision 3. Data. The Board, in order to give effect to the purposes of the Act may:
1) Acquire and record appropriate data within the Area; and
2) Establish and maintain devices for acquiring and recording hydrological or other data
within the Vadnais Lake Area Watershed.
Subdivision 4. Local Studies. Each Member reserves the right to conduct separate or concurrent
studies on any matter under study by VLAWMO. The Member shall make every effort to
coordinate its studies with the VLAWMO in order to maximize the use of resources.
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Subdivision 5. Transfer of Drainage System. VLAWMO shall have the authority of a
watershed district under Minnesota Statutes, Chapter 103B, Chapter 103E, and other applicable
law to accept the transfer of drainage systems in the watershed, to repair, improve, and maintain
the transferred drainage systems, and to construct all new drainage systems and improvements of
existing drainage systems in the watershed. All such activities and projects shall be carried out in
accordance with the powers and procedures set forth in Minnesota Statutes, Chapters 103B and
other applicable law, and must be in conformance with the Watershed Management Plan adopted
pursuant to Minnesota Statutes, Chapters 103A through103H.
Subdivision 6. Capital Improvement. Each Member agrees to contribute its proportionate share
of all approved capital improvement expenditures, which includes engineering, planning, legal and
administrative costs, based on the benefit to be received by each Member or other entity from the
improvement or management project. The Board shall submit, in writing, a statement to each
Member or other entity, setting forth in detail the expenses incurred by VLAWMO for each
project.
Capital improvement projects may be initiated either by: (1) recommendation of the VLAWMO
Board to the governmental unit(s) affected; or (2) petition to the Board by the affected
governmental unit. In either case, and after study and approval by two-thirds (2/3) of the
Directors, the Board shall provide the affected governmental units with estimated costs and a
description of the benefits to be realized by those affected and the costs to be borne based on
benefit.
Subdivision 7. Water Conveyances. The Board may order any local governmental unit to
construct, clean, repair, alter, abandon, consolidate, reclaim or change the course of terminus of
any ditch, drain, storm sewer, water course, natural or artificial, that affects the Vadnais Lakes
Area Watershed in accordance with its adopted plans.
Subdivision 8. Watershed Operations. The Board may order any local government unit to
acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works in
accordance with adopted plans.
Subdivision 9. Storm and Surface Waters. The Board shall regulate, conserve and control the
use of storm and surface water within the Vadnais Lakes Area Watershed pursuant to its
Watershed Management Plan.
Subdivision 10. Entrance upon Land. To the extent permitted by Minnesota Statutes, the Board
or its designated representatives may enter upon lands within or outside the Vadnais Lakes Area
Watershed to make surveys and investigations to accomplish the purposes of VLAWMO and the
Act.
Subdivision 11. Legal and Technical Assistance. The Board may obtain and provide legal and
technical assistance in connection with its on-going operations and projects, as well as in matters
of litigation or other proceedings between one or more of its Members and any other political
subdivision, commission, board or agency relating to the planning or construction of facilities to
drain or pond storm waters within the Area.
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Subdivision 12. Permits. VLAWMO shall cooperate with appropriate local, state, and federal
agencies in obtaining required permits and shall review permits issued by local units of
government to accomplish the purposes identified in Section I of this Agreement.
Subdivision 13. Office. VLAWMO shall maintain an office within the Area. All notices to
VLAWMO shall be mailed or delivered to such office.
Subdivision 14. Insurance. VLAWMO may contract for or purchase such insurance as the
Board deems necessary for its protection.
Subdivision 15. Financial Records. The Board shall maintain the books and accounts of
VLAWMO consistent with generally accepted accounting principles and provide the separate
accounting of operations and capital improvement projects.
Subdivision 16. Audit. The Board shall annually cause an independent certified audit of the
books and accounts of VLAWMO.
Subdivision 17. Claims. To the extent required by Minnesota Statutes, VLAWMO shall be
responsible for damages caused by it. All Minnesota Statutes governing notices of claims and
limits on municipal liability shall be applicable to VLAWMO. To the extent permitted by
Minnesota Statutes, VLAWMO shall be treated as a single municipal entity for municipal liability
purposes.
Subdivision 18. Employees. The Board may employ or subcontract to persons or entities to
fulfill defined responsibilities of VLAWMO with the approval of a majority of the Board.
Subdivision 19. Contracts. The Board may make such contracts and enter into such agreements
as necessary to fulfill its obligations under this Agreement. Any such contract or agreement shall
be in accordance with the Uniform Municipal Contracting Law, Minnesota Statutes, Section
471.345, the Joint Powers Act, Minnesota Statutes, Section 471.59, and other applicable laws.
Subdivision 20. Annual Report to Members. The Board shall make and file a report to all of
the Members at least once each year including the following information:
1) the financial condition of VLAWMO;
2) the status of all VLAWMO projects and work; and
3) the business transacted by VLAWMO and other matters which affect the interests of
VLAWMO.
Copies of said report shall be transmitted to the administrator of each Member.
Subdivision 21. Records. VLAWMO's books, reports and records shall be available for and
open to inspection at reasonable times.
Subdivision 22. Other Powers. The Board may exercise such other powers necessary and
incidental to the implementation of the purposes set forth herein as authorized by the Members.
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Subdivision 23. Amendments to this Agreement. The Board may recommend changes in this
Agreement to the Members. This Agreement may be amended only by the Agreement of each of
its members.
SECTION VII
RESPONSIBILITIES AND DUTIES OF TECHNICAL COMMISSION
Subdivision 1. Duties and Responsibilities. The Board shall establish a Technical Commission
(Commission) that will provide technical expertise for the planning and operation of VLAWMO
programs and projects. This Commission through the VLAWMO Administrator and other
VLAWMO employees shall administer the day-to-day operations of VLAWMO. The VLAWMO
Administrator shall serve as a non-voting member of the Commission. Each Member shall
appoint a representative, who will be known as Commissioner, and an alternate to the
Commission.
Subdivision 2. Eligibility to Serve. Each Member shall determine the eligibility or qualification
standards for its Commission appointment, following guidelines promulgated by the Board.
Subdivision 3. Technical Commission Officers. The Board shall annually appoint a Chair from
among the Commissioners. At the first meeting of the Commission each calendar year, the
Commission shall elect from among the Commissioners a Vice Chair and Secretary, and such
other officers as it deems necessary to conduct its meetings and affairs. An Alternate
Commissioner may not serve as an officer of the Commission.
Subdivision 4. Meetings. Regular monthly meetings of the Commission shall be held on a day
and time selected by the Commissioners. All meetings of the Commission are subject to the
Minnesota Open Meeting Law. Notice of the time and place of each meeting shall be sent to all
commissioners, and provided to the public requesting this information, and follow notice
requirements outlined in Minnesota Statutes, Section 13D.04. Meetings shall be conducted in
accordance with the latest version of Roberts Rules of Order. Each Commissioner shall have one
vote.
A majority of the Commissioners present shall constitute a quorum at all Commission meetings.
In the absence of a quorum, a scheduled meeting shall be opened, re -scheduled and adjourned.
Subdivision 5. Watershed Management Plan (Plan). The Commission shall prepare and/or
update a water management plan, as required by the Act. The Plan, either a new one or an updated
one, shall be recommended to the Board of Directors for approval. The Plan shall be compliant
with Minnesota Statutes, Ch. 103B as it may be amended and applicable Minnesota Rules. The
Plan shall be subject to the appropriate governmental unit review as required by the Act.
Subdivision 6. Local Water Management Plan. After the adoption of a new or revised
watershed management plan, each Member and any other local government unit within the Area
shall review its local water management plan for changes needed for it to be consistent with the
new or revised Watershed Management Plan. Each local water management plan shall include
shall be consistent with state law. After consideration, but before adoption of a new or revised
local water management plan by the governmental unit, each Member or any other governmental
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units in the Area shall submit its water management plan to the Board. The Board shall within
sixty (60) days approve or disapprove the plan or parts thereof. If the Board fails to complete its
review within the prescribed period, and unless an extension is agreed to by the Member or other
local governmental unit, the local plan shall be deemed approved consistent with applicable state
laws.
Subdivision 7. Appeals of Decisions and Recommendations of the Commission. Members
shall comply with Commission's determinations as to the force and effect of the Watershed
Management Plan, the Local Water Management Plans and any cost allocations for improvements
initiated pursuant to these plans.
Any governmental unit which disputes a determination of the Commission as to force and effect of
the Watershed Management Plan, any Local Water Management Plan, or the cost allocations for
improvements, initiated pursuant to these plans, may appeal the recommendation or decision to the
Board within thirty (30) days of receipt of such written notice of such determination.
Should the appeal not be completed to the satisfaction of all parties, a party may submit the
dispute to arbitration. Arbitration shall be conducted in the following manner:
1) A governmental unit shall have thirty (30) days from receipt of the written decision on the
appeal by the Board to submit a dispute to arbitration by giving written notice to an officer
of the Board;
2) The Board of Arbitration shall consist of three Members, one appointed by the
governmental unit initiating the arbitration, one appointed by the Board and one appointed
by the Chief Administrative Law Judge of the State of Minnesota, if willing to do so and if
not, by the Chief Judge of the Ramsey County District Court. The third member so
appointed shall preside at the arbitration hearing;
3) The arbitration cost of the neutral arbitrator shall be divided equally between VLAWMO
and the government unit initiating the arbitration; and
4) Arbitration shall be conducted in accordance with the Uniform Arbitration Act (Minnesota
Statutes, Chapter 572), except as modified above.
Subdivision 8. Other Duties. The Commission shall exercise such other duties necessary and
incidental to the implementation of the purposes set forth herein as authorized by the Board.
SECTION VIII
FINANCING VLAWMO
Subdivision 1. Annual Operating Budget. On or before September 1st of each year, the Board
shall prepare a proposed annual operating budget for the following calendar year. The budget
shall provide funds to operate VLAWMO for the next calendar year. The proposed operating
budget and the sources for these funds shall be recommended for approval to the Members.
The annual operating budget may be funded by one or more of the following:
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1) An authorized special tax levy authorized by the State of Minnesota for an amount
approved by the Members;
2) VLAWMO operates Storm Water Utility authorized by the State of Minnesota and
approved by the Members;
3) Annual payment from each governmental unit party to this agreement and other entities
based on an annual assessment as determined in Subdivision 2 in this Section; and
4) Service fees, grants, interest or other funding sources as available.
Each Member shall pay its annual assessment in the following manner
1) The entire amount shall be due by January 31st of the year due; or
2) One-half (1/2) of each Members entire amount shall be due by January 31 of the year due
and the second one-half (1/2) of the entire amount shall be due by August 31 of the year
due.
Failure to pay the required amounts by the due dates will cause a one percent (1 %) per month
service fee to be added to the unpaid amount due.
Subdivision 2. Budget Meeting and Approval. The proposed annual Operating and Capital
Improvement budget for the next calendar year shall be prepared by September 1 each calendar
year.
Subdivision 3. Annual Assessment for Services.
The annual contribution of each Member or other entity shall be calculated upon the following
formula:
1) Forty percent (40%) based upon the assessed valuation of all real property of each
government unit within the Area;
2) Forty percent (40%) based upon the total area of the property within each governmental
unit with the Area; and
3) Twenty percent (20%) based upon the population of each governmental unit within the
Area.
Subdivision 4. Capital Improvement Projects Program and Funding. On or before July 1 of
each year the Board shall prepare a capital improvements program and budget for projects to be
started or completed in the following year as described in the Water Plan. Each proposed project
shall be described and its estimated cost and time for completion shall be provided. Only projects
described in the Watershed Management Plan or its amendments may be included in the capital
improvement budget. Funding in the capital improvement budget shall be calculated as follows:
1) If money raised by the Special tax levies to be used for Capital Projects, the Members shall
be provided the opportunity to review and approve the amount of the tax levy that will be
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used for Capital Projects within sixty (60) days of receipt of the Board's Capital
Improvement Budget;
2) If a capital project is to be funded wholly or in part by one or more governmental unit(s),
they will be provided the opportunity to review and approve or disapprove the capital
improvement budget within sixty (60) days of receipt of the Board's Capital Improvement
Budget; and
3) If service fees, grants, interest or other funding sources are available the source and
amounts of such funds shall be shown.
If the capital improvement budget is approved, as provided above, each governmental unit
shall contribute its budgeted share of the cost of constructing said capital improvement
projects.
Subdivision 5. Governmental Unit Financing. Members may establish a watershed
management tax district in the Area for the purpose of paying costs of the engineering and
planning required to develop a watershed management plan for the Area. After the plan is adopted
and approved, a tax district may be established for the purpose of paying capital costs of projects
described in the plan (including normal and routine maintenance of projects). If required, the tax
district shall be established by ordinance adopted after a hearing by a local government unit,
following provisions of Minnesota Statutes, Chapter 103B.
Subdivision 6. Reserve Funds. The Board may accumulate reserve funds for the purposes
herein mentioned and may invest funds of the Board not currently needed for its operations in the
manner and subject to the laws of Minnesota applicable to statutory cities. Any and all reserve
funds must be clearly indicated on the annual financial audit provided to the Members.
Subdivision 7. Gifts; Grants; Loans. VLAWMO may, within the scope of this Agreement,
accept gifts, apply for and use grants or loans of money or other property from the United States,
the State of Minnesota, a unit of government or other governmental unit or organization or any
person or entity for the purposes described herein; may enter into any reasonable agreement
required in connection therewith, shall comply with any laws or regulations applicable thereto, and
may hold, use and dispose of such money or property in accordance with the terms of the gift,
grant, loan or agreement related thereto.
Subdivision 8. Disbursements. All VLAWMO disbursements shall be sent to the Secretary -
Treasurer of the Board and the finance officer of the Technical Commission for review. Checks
issued by VLAWMO shall have two signatures. Officers and the VLAWMO Administrator may
be authorized to sign checks. An Officers bond shall be maintained by VLAWMO in the amount
of at least $10,000. VLAWMO will be responsible for paying the premium on said bond.
476792v6 KRH VA245-1
11
SECTION IX
DURATION OF THIS JOINT POWERS AGREEMENT
Subdivision 1. Duration of Agreement. Each Member agrees to be bound by the terms of this
Agreement until December 31, 2026, and that it may be continued thereafter at the option of the
Members. This Agreement shall be in full force and effect upon the filing of certified copy of the
resolution approving said Agreement by each governmental unit.
Subdivision 2. Termination of Agreement. This agreement may be terminated prior to January
1, 2025, by the unanimous consent of the parties. If the agreement is to be terminated, a notice of
the intent to dissolve the VLAWMO shall be sent to the Board of Water and Soil Resources and to
Ramsey and Anoka Counties at least 90 days prior to the date of dissolution.
Subdivision 3. Dissolution. In addition to the manner provided in Subdivision 2 for termination,
any member may petition the Board of Directors to dissolve the agreement. Upon 90 days' notice
in writing to the clerk of each member governmental unit and to the Board of Water and Soil
Resources and to Anoka and Ramsey County, the Board shall hold a hearing and upon a favorable
vote by a majority of all eligible votes of then existing Board members, the Board may by
Resolution recommend that the VLAWMO be dissolved. Said Resolution shall be submitted to
each member governmental unit and if ratified by three-fourths of the councils of all eligible
members within 60 days, said Board shall dissolve the VLAWMO allowing a reasonable time to
complete work in progress and to dispose of personal property owned by the VLAWMO.
Subdivision 4. Assets. Upon a set of findings and order for dissolution of VLAWMO by the
State Board of Water and Soil Resources, all property of VLAWMO shall be transferred, either
jointly or severally, to the governmental units of VLAWMO. Such transfer of VLAWMO assets
may be made in proportion the total contribution of each Member as required by the last annual
operating budget.
The transfer of real estate property of VLAWMO pursuant to this section shall not affect the
benefits or damages for any improvement previously constructed by VLAWMO before
dissolution. The real estate property affected shall remain liable for its proper share of any
outstanding indebtedness of VLAWMO applying to the property before the dissolution, and levies
assessment for the indebtedness continue in force until the debt is paid off.
SECTION XI
EFFECTIVE DATE
Subdivision 1. Adoption of Agreement. This agreement shall be in full force and effect upon
the filing of a certified copy of the resolution approving said agreement by all six members. Said
resolution shall be filed with the Chair of the existing VLAWMO who shall notify all members in
writing of its effective date and shall set the date for the next meeting to be conducted under this
amended Joint Powers Agreement.
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
Minnesota Statutes, Sections 103B. 211 and 471.59.
476792v6 KRH VA245-1
12
CITY OF GEM LAKE By
Dated / / Attest
CITY OF LINO LAKES By
Mayor
Mayor
Dated / / Attest
City Clerk
CITY OF NORTH OAKS By
Mayor
Dated / /_ Attest
City Clerk
CITY OF VADNAIS HEIGHTS By
Mayor
Dated / / Attest
City Clerk
CITY OF WHITE BEAR LAKE By
Mayor
Dated / /_ Attest
City Clerk
WHITE BEAR TOWNSHIP By
Chair
Dated / / Attest
(VLAWMOJPA2007)
476792v6 KRH VA245-1
13
City Clerk
Appendix A
Map of the Vadnais Lake Area Water Management Organization
476792v6 KRH VA245-1
14
Appendix A:
VLAWMO JPA Member
-------' Gem Lake _--1
Lino Lakes
North Oaks
Cities
Vadnais Heights
White Bear Lake
White Bear TWP
VLAWMO
boundary
0
White
Township
-horeview
Vadnais Heights
a`�
West
Vadnais�
o