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HomeMy WebLinkAboutRES 85-018 RESOLUTIO AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE ESTABLISHMENT OF WATERSHED MANAGEMENT ORGANIZATION Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102436 Box: 23 Folder: RES 1985 Document: RES 85-018 RESOLUTIO AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE AN AGREEMENT FOR THE ESTABLISHMENT OF WATERSHED MANAGEMENT ORGANIZATION RESOLUTION 85-018 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE ESTABLISHMENT OF A WATERSHED MANAGEMENT ORGANIZATION WHEREAS, the Cities of Falcon Heights-, Lauderdale, -.Minneapolis, St. -Anthony, St. Paul , and the governmental units of the Minneapolis Park and Recreation Board and the Regents of the University of Minnesota desire to establish a surface water management program; and WHEREAS, said parties and program would be established as the Middle Mississippi River Watershed Management Organization. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute the agreement which would establish the Middle Mississippi River Watershed Management Organization with the Cities of Falcon Heights, Lauderdale, • Minneapolis, St. Anthony, St. Paul, and the governmental units of the Minneapolis Park and Recreation Bo§r)d and the Regents of the University of Minnesota. Adopted this a day of mj]r JC, 1985. May r ATTEST: p!J City- Clerk Reviewed for administration: cn ��VfVI�S City Manager -r ,rf� .JOINT POWERS AGREEMENT MIDDLE MISSISSIPPI RIVER WATERSHED MANAGEMENT OIr2ANIZATION This Agreement entered into as of the date of execution by and among the f of l ow i ng: Citi as of Falcon Heights Lauderdale Minneapolis St. Anthony Saint Paul and the governmental unit of the Minneapolis Park and Recreation Board - and oard _and the governmental unit of the Regents of the University of Minnesota for the establishment of a watershed management organization. The aforementioned cities, the Minneapolis Park and Recreation Board and the University of Minnesota shall hereinafter be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly or cooperatively by agreement exercise any powers common to the contracting bodies pursuant to Minnesota Statutes, Section 473.877; and WHEREAS, the Members desire to prepare a surface water management program in accordance with Minnesota Statutes, Sections M. S. 473.875 to 473.883; 1 NOW 1HEREFORE, the parties to this Agreement do mutually agree as follows: I LEGAL .PURPOSE It is the legal purpose of the Members to establish an organization to ,jointly and cooperatively develop a Watershed Management Plan and a Capital Improvement Program. The purpose of the surface water management program for the Middle Mississippi River Watershed shall be as set forth in Minnesota Statutes, Section 473.875: a) Reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of runoff, b) Improve water quality, c) Prevent fl oodi ng and erosi on f rom surface fl ows, d) Promote ground water recharge, e) Protect and enhance fish and wildlife habitat and water recreational facil ities, and f) Secure the other benefits associated with the proper management of surface i water. In addition, the Members agree to promote and encourage cooperation among Members in coordinating local surface water plans and to be aware of problems and to protect the public health, safety and general welfare. 2 II • JOINT AND COOPERATIVE AGREEMENT The Members are governmental units which have lands draining surface water into the Mississippi River and which have power to construct, reconstruct, extend and maintain storm drainage facilities. III NAME The parties hereto create and establish the Middle Mississippi River Watershed Management Organization. • IV DEFINITIONS For the purposes of this Agreement,- the terms used herein shall have the meanings as -defined in this article. Subdivision 1. "Organization" is the Middle Mississippi River Watershed Management Organization. Subdivision 2. "Commission" shall mean the governing body of the organization and shall consist of a Commissioner or an Alternate Commissioner from each of its Members. Subdivision 3. "Commissioner" means any person appointed to the Commission by each Members governing body, or in the Commissioner' s absence the Alternate. 3 Subdivision 4. "Council" means the governing body of a Member. • Subdivision S. "Member" means any city, county or special invited government related identity within the Middle Mississippi River Watershed who enters into this Agreement. Subdivision 6. "Middle Mississippi River Watershed" means the area contained within a 1 ine drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped areas del ineated on the map called Appendix A which has been or will be submitted to the Water Resources Board pursuant to Minnesota Statutes, 473.877 Subd. 2. Subdivision 7. "Act" is defined to mean the Metropol itan Surface Water Management Act as found in Minnesota Statutes, Sections 473.875 through 473.883. • Subdivision 8. All other terms shall have the meaning given to them in the Act. Subdivision 9. Capital Improvement Project shall mean a project that is an organization wide, project, approved by the Commission as part of the Capital Improvement Program and is not intended to include a project undertaken by a Member or Members. V ADMINISTRATION Subdivision 1: Commission .Repr.esentation: There shall be seven (7) voting Commissioners on the Commission one appointed by the Council of each Member. The Commissioners shall serve for the following initial terms: 4 Member Initial. Tarm • University of Minnesota 1 year Falcon Heights 1 year Lauderdale 2 years Minneapolis 3 years Minneapolis Park and Recreation Board 3 years St. Anthony 4 years St. Paul 4 years Each Commissioner shall serve until his/her successor is appointed. After the initial term, each Commissioner shall serve a term of four years. Subdivision 2. Qualifications: The Council of each Member shall determine the eligibility and qualification of its Commissioner and Alternate. Term shall begin on Feb. 1st of the year appointed. Subdivision 3. Fil.ing .of. ,Appointments: Each Member shall within 30 days of appointment file with the Secretary of the Commission a record of the appointment of its Commissioner. Subdivision 4. Compensation: Commissioners shall serve without compensation from the. Organization, but this shall not prevent a Member from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such Member and by l aw. Subdivision S. Officers: At the first meeting of the Commission and each calendar year thereafter, the Commission shall elect from its Commissioners a chat rman, a v ice chai man, a treasurer, and such other off icers as i t deems necessary 5 to conduct its meetings and affairs. At the organizational meeting or as soon • thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governs ng its meetings. Subdivision 6. Quorum: A majority of Commissioners shall constitute a quorum, but 1 ess .than a quorum may adjourn a scheduled meeting. Subdivision 7. Meetings: Meetings of the Commission shall be established by the Commission. Special meetings may be held at the call of the chair or by any two Commissioners giving not less than forty-eight (48) hours written notice of the time, place and purpose of such meeting delivered or mailed to each Commissioner. All meetings of the Commission are subject to Minnesota Statute, Section 471.705. Subdivision; 8. Commission .Off.ice: The location of the office of the Commission shall be determined by the Commission on an annual basis. All notices to the • Commission shall be del ivered or served at said office. Subdivision 9. Col.lectino Data: The Commission may establish and maintain devices for acquiring water quantity and quality data within the Middle Mississippi River Watershed and then record what it feels is necessary hydrologic data. Subdivision 10. Other .Rulesand .Reaula��: The Commission may establish other rules and regulations not specified by this Agreement. Subdivision 11. Operating -Fund s: The Commission shall adopt an operating budget before September 1 of each year for the next calendar year. Dates by which that each Member must contribute will be set by the Commission. Work by Members may be charged against these funds provided the Commission has designated in advance that the work is for the Commission rather than the individual Member. Any work or payment authorized • by the Commission shall be done or made by the Members on or before the-date specified 6 by the Commission. Any assessment of the Members shall be allocated 'among the Members • as follows: Member Share Minneapolis 93.6% St. Anthony except for "Gross Golf Course" 3.5% St. Paul 1.5% Minneapolis Park and Recreation Board for the property within St. -Anthony called "Gross Golf Course" 0.7% Lauderdale 0.4% Falcon Heights 0.2 University of Minnesota ( in Minneapolis) 0.1% Total 100.0% For the calendar years of 1983, 1984, and 1985 each Member shall absorb those costs it might accrue for the Organization. For calendar year 1986, a $20,000 budget is proposed. This amount shall be allocated as follows: Minneapolis $18,720.00 University of Minnesota (in Minneapolis) 20.00 St. Anthony ' 700.00 Minneapolis Park b Recreation Board - Gross Golf Course 140.00 St. Paul 300.00 Lauderdale 80.00 Falcon Heights .40.00 $20,000.00 s 7 Subdivision 12. Reserve 1=145: The Commission may accumulate reserve funds for • purposes allowed by the Commission and may invest funds which are not currently needed for its operations in the manner and subject to the Laws of Minnesota appl icable to statutory cities. Subdivision 13. Capital .Improvement .Proms: A Watershed capital improvement project and/or allocation of the costs to the Members must be approved by a vote of all of the Commissioners. Subdivision 14. Duration; Each Member agrees to be bound by the terms of this Agreement until January 1, 2005, and it may be continued thereafter by the unanimous e consent of the Members. Prior to January 1, 2005, any Member may petition the Commission to dissolve the Organization. Upon 30 days notice in writing to each Member, the Commission shall hold a hearing to consider dissolution of the Organization. Upon a favorable vote of at 1 east three-fourths of all Commissioners, the Commission may by resolution recommend that the Organization be dissolved. Said Resolution shall be submitted to each Member and if ratified by the Councils of at least three-fourths of all Members within 60 days, the Organization shall be 'dissolved, this Agreement shall be terminated and the Commission shall complete work in progress and dispose of personal property owned by the Organization. Subdivision 15. Dissolution: Upon dissolution of the Organization, all property of the Organization shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the Members in proportion to the total capital contributions made by each. 8 VI POWERS AND DUTIES Upon execution of this Agreement by the Members, the Commission shall have the following authority and duties: Subdivision 1. Pl.an .Adoptton: The duty to prepare and adopt a Watershed Management Plan meeting the requirements of the Act. This Plan shall be submitted to al l Members -as -wel l as al-1 requi red rev iew ing agenci es for th-eir rev iea and comment. Adoption of the plan must be by an affirmative vote of two-thirds of the Commissioners and be ratified by appropriate Resolutions of their respective Councils. Subdivision 2. Approval .of .Local .Water. Management .Plans: The authority to review and approve local water management plans as provided in the Act. Upon request of a Commissioner or a Member, the Commission shall review and approve local surface • water management projects. Subdivision 3. Em llgymeq: The authority to employ* such persons as it deems necessary to accomplish its duties and powers after it has contacted the Members to see if the work can be performed by existing staff. Any employee of the Commission may be on a full time, part time or consulting basis as the Commission so determines. Subdivision 4. Business: The authority to contract for space and for material and supplies to carry on its activities either with a Member or el sew here. Subdivision 5. Other .Powers: The authority to exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized in the Act. 9 Subdivision 6. State .Compl lance: The Commission has the duty to comply with the • requirements of Minnesota Statutes Chapter 105 in cooperating with the State of Minnesota Commissioner of Natural Resources and .the Director of the Division of Waters, Soils and Minerals, Department of Natural Resources. . I Subdivision 7. Gifts .and loans: The Commission has the authority to 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 organiz-ation, or any person or entity for the purposes described herein; enter into any reasonable agreement required in connection therewith; comply with any laws or regulations applicable thereto; and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Subdivision 8. Outside .Contracts: The Commission has the authority to make such • contracts and enter into any such agreements as it deems necessary to make effective a any power granted to it by this Agreement. Every contract for the purchase or sale of merchandise, materials or equipment by the Commission shall be let in accordance with the Uniform Municipal Contracting Law, Minnesota Statutes, Section 471.345 and the Joint Exercise of Power Statute, Minnesota Statute, Section 471.59. No Commissioner or employee of the Commission or officer or employee of any of the Members shall have a direct or indirect interest in any contract made by the Commission. Subdivision 9. Cagital .Improvement ,Program .Ado tp ton: The Commission shall have the authority to biennially prepare and adopt a 5-year Capital Improvement Program, beginning with the f iscal year in which the Watershed Management Plan is adopted. The Capital Improvement Program 'shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for t participation in each project and estimating the1 total costs for such projects. • Proj ects not i dentif ied i n the Watershed Management Pl an shal 1 not be i ncl uded i n the 10 Capital Improvement Program until and unless the Watershed Management Plan is amended • to include such projects. Subdivision 10. Capital .Improvement .Pr.oar,am . 1.iance: The Commission has the duty to compel the Members to comply with the Capital Improvement Program schedule. In cases of noncompliance with the Capital Improvement Program schedule the Commission shall have no powers to undertake capital improvement projects. The Commission shall have power to initiate such legal action that will compel Members to comply with provisions and schedules of the adopted Capital Improvement Program. The Commission - may ommission -may also act as arbitrator by assigning benefits and costs among Members scheduled to participate in capital projects. Subdivision 11. No .Power .of. .Eminent Domain: The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in land shall be held in the name of the Member or governmental unit wherein said lands are 1-ocated. Subdivision 12. Financial .Accounting: The Commission has the duty to make a full and complete financial accounting and report to each Member annually. All of its books, reports and records shall be available for and open to examination by any party at all reasonable times. Subdivision 13. Insurance: The Commission has the authority to contract for or purchase such insurance as the Commission deems necessary for the protection of the Organization. Subdivision 14. Amendments: Amendments to this Agreement shall be recommended by the Commission to its Members. Appropriate Resolutions by affirmative vote of all of the Members shall be necessary for adoption of any Amendment of this Agreement. • 11 . J Effective date of any Amendment shall be the date of fil ing with the Commission the • last Member' s Resolution approving the Amendments. Subdivision 15. Additional .Members: The Commission shall have the authority to invite governmental entities within the area of the Middle Mississippi Watershed District to ,loin the Organization, and/or act on the petition of governmental entities within the area of the Middle Mississippi Watershed District to ,join the Organization. In either case, the addition of the governmental entities shall require a favorable vote of all the Commissioners and appropriate resolution by the Council of each 'Member. The effective date shall be the date of filing with the Commission the last Member' s resolution approving the addition. As governmental entities are added to the Organization, there shall be created one voting Commissioner for each Member added. • If a governmental entity joins the Organization after the original Members have approved and executed this Joint Powers Agreement, the Commission shall have the duty to redraft the allocation of the operating budget of the Organization in Section V, Subdivision 11, of this Joint Powers Agreement. In order for said new allocation to be effective, it must first be approved by of all the Commissioners and appropriate resolutions of all of the Members. The effective date shall be the date of filing with the Commission the last Members resolution approving the new budget allocation. Subdivision 16. Miscellaneous: All parts and provisions of this Agreement are severable. If any part of provisions shall be held invalid, the remainder .of this Agreement shall remain in full force and effect. 12 VII EFFECTIVE DATE This Agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving this Agreement by each Member. The resolution shall be filed with the City Clerk of the City of Minneapolis who shall supply a certified copy to each of the Members and who shall notify all Members in writing of the time of the first meeti-ng. VIII COUNTERPARTS This Agreement may be executed in several counterparts and all so executed shall constitute one Agreement, binding on all of the Members notwithstanding that all of the Members are not signatory to the original of the same counterpart. i 13 • CITY OF FALCON HEIGHTS CITY OF LAUDERDALE By By May or May or Attest: Attest Clerk - Administrator City Clerk CITY OF MINNEAPOLIS Dated• By Mayor Approved as to Form Attest: By Countersigned Assistant City Attorney Mi nneapol i s Fi nance Of f icer MINNEAPOLIS PARK AND RECREATION BOARD By . By President Secretary CIT F T. ANTH Y CITY OF SAINT PAUL BY By May or May or (1�1 And. BY City Manager Director of Finance $ Management Services REGENTS OF THE UNIVERSITY OF MINNESOTA Form Approved: By . -- - President of the University Assistant City Attorney And Secretary of Board of Regents 14