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HomeMy WebLinkAboutCity Council Packet 04-24-2001 SpecialAgenda City of Plymouth Special City Council Meeting Tuesday, April 24, 2001 5:30 p.m. Police Training Room 1. Call to Order 2. Bassett Creek Joint Powers Agreement Part 1 Part 2 3. Future Study Session Topics 4. Adjourn Agenda Number: CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: April 19, 2001 for the Special City Council Meeting of April 24, 2001 TO: Mayor and City Council FROM: Ginny Black, Councilmember SUBJECT: BASSETT CREEK JOINT POWERS AGREEMENT ACTION REQUESTED: The purpose of the April 24, 2001, Special Council meeting is to bring the Council up to date on the Bassett Creek Watershed Management Commission's (BCWMC) "Second Generation Water Management Plan" process. The goal is to answer questions that the Council has about the process, solicit comments on the roles and responsibilities of the BCWMC and cities, and identify funding preferences or concerns. BACKGROUND: The BCWMC began its Second Generation Water Management Plan process by established three committees to assist in the development of the Plan. Those committees are: 1) a Citizens Advisory Committee (PAC), 2) a Technical Advisory Committee, and 3) a Policy Advisory Committee. The Council appointed me as the City's representative to the Policy Advisory Committee. The responsibility of that committee is to discuss the roles and responsibilities of the BCWMC and cities, as well as funding for flood prevention and water quality projects. The PAC committee has met three times and the following is a summary of those meetings. If you wish more details, Attachment 6 is the minutes of the first two meetings. Initial discussions of the PAC focused on non -substantive changes to the Joint Powers Agreement (JPA). Examples of these types of changes would be: 1) editorial changes to bring clarity, 2) removing the historical information in the JPA and placing it in the Bassett Creek Watershed Management Plan that is being developed in this process, and 3) providing greater clarity and consistency in the statement of Purpose. The JPA and my comments are in Attachment 1. The PAC also discussed issues raised at a BCWMC meeting that was held with the mayor of the member cities (Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Plymouth, Robbinsdale, and St. Louis Park) on November 6, 2000. At that meeting the mayors raised a number of issues, including: 1. Continuity on the Commission, 1:\pw\Engineering\GENERAL\MEMOS\FRED\2001 \BassettCrk_JointPow_4_ 19.doc SUBJECT: BASSETT CREEK JOINT POWERS AGREEMENT Page 2 2. Expertise and knowledge in the areas of water management as well as funding options and capabilities of cities, 3. A clear understanding of responsibilities of commission members, 4. The ability to work positively in the group discussion/decision making process, and 5. The structure of the organization; JPA vs. Watershed Management District. Greater details of this meeting are in contained in the meeting notes (Attachment 2). Attachment 3 is the memo from the BCWMC's attorney, Mr. Charlie LeFevere, responding to the issues raised by the mayors. The memo discusses 5 issues. I will not reiterate each issue; you can read the memo. However, I will give you the concerns that raised these issues: 1. The first response focused on the BCWMC's ability to hire and Executive Director. The concern is that with the advent of a citizen's board there may be a need to provide continuity to the organization. An executive director would be one way of providing continuity. 2. The second response focused on the ability of the cities to remove a commissioner if there is a problem. This issue is related to concerns that state law requires a citizen be appointed as commissioners. The feeling is that this removes some of the control that cities have had over the BCWMC's activities and increases the risk of getting commissioners that are single issue focused. 3. The third issue is a discussion of the ability and need for the BCWMC's to appoint a citizen or technical advisory committee. This issue is again related to the citizen board. There is concern that the citizens may not have the technical expertise needed to make the "right" decisions and that a Technical Advisory committee would help provide that expertise. The discussion I was involved in had the committee primarily composed of city staff. 4. The fourth and fifth issues have to do with possible changes to the structure and funding of water management organizations such as the BCWMC. I cannot do justice to the issue by summarizing, so, rather than reiterate this discussion I will refer you to the memo. At this point the PAC has decided to recommend that the structure of the BCWMC will remain a JPA. The PAC felt that this structure gave the most control and flexibility to the cities. However, the PAC acknowledged that flood control issues are probably easier to agree on than water quality issues. Future discussions of the PAC would need to thoroughly examine water quality issues and lay out a decision and funding framework the would minimize potential conflicts. The difficulty with water quality issues is that they are very subjective. In addition, there are many levels of water quality and even more ways to achieve the water quality selected. I:\pw\Engineering\GENERAL\MEMOS\FRED\2001\BwsettCrk_Join[Po W _4_19.doc SUBJECT: BASSETT CREEK JOINT POWERS AGREEMENT Page 3 The minimum level of water quality to be achieved must be agreed on and then the method to achieve that level must be chosen. Finally, I have attached a memorandum for Barr Engineering, Attachment 4, that was the focal point of the PAC's meeting on April 16th, and will be the focal point for the meetings scheduled in May, June and July. At the April meeting the PAC discussed funding for "main stem" improvements related to flood control and maintenance. The main stem" is defined as the "main channel of Bassett Creek from the outlet of Medicine Lake to the Mississippi River". The recommendation to the cities will be to continue the current funding policy. That policy is outlined in the memo under the heading "Funding of Capital Improvement Projects". Joint Powers Agreement The nine cities of the BCWMC signed a JPA in 1968. The original name of the JPA was the Bassett Creek Flood Control Commission. The focus of the Bassett Creek Flood Control Commission was to prevent property damage that could result from flooding along Bassett Creek. To that end, plans were developed by the Bassett Creek Flood Control Commission to minimize flood damage. The majority of the necessary improvements have been completed. The Second Generation Water Management Plan will maintain that objective and expand to include water quality issues. The JPA will likely need some modification to accommodate the addition of water quality issues. Attached (Attachment 1) is the current JPA for your review. Pages 1 through 4 give a brief history of the BCWMC. The remainder of the JPA deals primarily with the purpose, membership and terms, powers and duties of the board, and financing. Also enclosed as Attachment 5 is a summary of the main points of the JAP. Section VIII of the JPA lays out the Financing mechanisms. This will be the focus of the discussion of the PAC for the next several months and an area that the Council should thoroughly discuss. As discussed above, water quality issues present a slightly different challenge to the BCWMC than flooding issues. Some questions to ponder would be: Should Plymouth help fund water quality improvements in cities downstream? Should cities downstream help fund water quality improvements in Plymouth? Should funding participation be tied to the level of water quality improvement it offers to the watershed? To what level should that participation occur? If the degradation of water quality is caused by local zoning regulations, should the commission have the power to require a change to the ordinance to mitigate the degradation (local control issue)? Other? 1:\pw\Engineering\GENERAL\MEMOS\FRED\2001 \BmsettCrk_JointPow_4_19.doc SUBJECT: BASSETT CREEK JOINT POWERS AGREEMENT Page 4 There are likely many other issues that will need to be discussed by the PAC. Many of them will likely require changes to the JPA. RECOMMENDATIONS AND CONCLUSIONS: After the PAC completes its work, the JPA will go to the commission for final recommendations to the member cities for approval. All nine cities must approve any changes before a revised JPA will be in effect. attachments: Attachment 1 Current JPA and Councilmember Black's comments Attachment 2 Notes of Mayor's/Manager's November 6, 2000 meeting Attachment 3 Dec. 22, 2000 response by commission attorney of concerns/issues raised in Mayor's/Manager's meeting Attachment 4 Memo on funding options Attachment 5 Summary of JPA Attachment 6 Minutes of Feb. 5 and March 19 PAC meetings 1:\pw\Engineering\GENERAL\MEMOS\FRED\2001 \BassettCrk_JointPow_4_19.doc A-tt,ac-4 m c j,11 L Comments on the Bassett Creek Watershed Management Organization Joint Powers Agreement March 10, 2001 I would prefer a JP that focuses on the agreement and not the history of the organization. Therefore, I would put the "Statement of Intent Regarding Agreement" in the plan as part of the planning history. If there is a strong feeling that it should be part of the JP agreement it could be included in an appendix to the JP agreement. If the "Statement of Intent Regarding Agreement" remains in the agreement it needs to be updated to include a discussion of improving water quality with this plan. I would also like to see a discussion on the preservation of natural habitat included. Page 3, line 9, sentence beginning with "Chapter 112... This should be a new paragraph. Also, I found this paragraph very confusing and had to reread it several times before I understood why it was included. It seems to me that this paragraph should be revised to be a discussion of the options the cities had to form a formal organization and why it chose a JP over a District. This would support the preceding paragraph. The "Statement of Intent Regarding Agreement" contains 10 purposes of the organization. Section II. General Purpose also states the purpose of>the agreement. It seems doesn't like these two purpose statement agree with one another. Specifically, Section II does not include water quality improvement. Section II General Purpose also does not match Section VI, Subd. 1. Again, Section VI, Subd. 1. includes water quality and Section II General Purpose does not. Section VI, Subd. 5 second paragraph, first line: I believe that the Board should consult with engineering and planning staff of each member, so I would change the "may" to shall". Section VI, contains a limited discussion of what must be contained in the ;Pjan. I think that discussion should be expanded to include requirements that may not be included in- the ntheStaterequirements. Since I have not gotten to read MN Stat. 103B and MN Rule 8410 the things I am listing may already be included. The JP references the preservation and use" of natural water storage areas. I would like that language to be modified to include preservation to what standard, and use that does not degrade the natural water storage areas. I would also like to see language that shifts the emphasis of the use of natural storage areas to regional engineered storage areas and not natural storage areas that have engineered. Also, it seems that lakes receive greater attention than either wetlands or riparian corridors. I would like to see more emphasis on preservation of wetlands and Bassett Creek as a riparian corridor. These natural areas add to the quality of life in a community, both in terms of human and wildlife needs. Section V, subd. 5. contains some discussion on the public hearing process that would be undertaken in developing a water plan. I would like to see that information put in a separate subdivision, and expanded upon. The process outlined in the JP may be what is legally required, but I don't believe that process is adequate. The Commission only notifies its member and other governmental agencies. There is no notification of the public, the people who pay the bill. Notification of the public may occur at the local level, but the agreement does not require that. Also, if notification of the public occurs at the local level I don't think that 60 days is anywhere near adequate to allow for public comment. A longer time period should be part of the discussion. Law may require a 60 day comment period, but I Law does not prevent a longer period. A more extensive public process should be devised and clearly outlined in the agreement. I can think of 2 or 3 different public notification processes that would provide greater notification to the public. The policy committee should discuss these and define a process. As far as funding is concerned, the present formula seems fair. However I would like the committee to look at the funding formula in theShingie Creek Agreement. This agreement includes a formula based on benefits derived on improvement in sub - watershed districts. The City of Plymouth is a member of that JP and I am having Ron Quanbeck forward that agreement to me to review. I am not particularly tied to this. I just think that the Policy Committee should discuss its potential benefits and drawbacks to determine if it should be included in the BCWMO JP agreement. The comments are respectfully submitted by Plymouth Council Member Ginny Black. AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A BASSETT CREEK WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF BASSETT CREEK PREFACE In 1968, the nine cities with land in the Bassett Creek watershed entered into a joint powers agreement which established the Bassett Creek Flood Control Commission. For the past 25 :years the Commission, consisting primarily of citizen volunteers and city staff members who have volunteered their time, have worked long and hard to achieve the goals set forth when the commission was established. An overall watershed management plan was prepared and approved after public hearings. The Commission has received technical advice from the United States Army Corps of Engineers in their planning and has obtained the support and aid of all United States Senators and Congressional Representatives representing the member cities. In 1976 the Commission and the Corps of Engineers were successful in having Bassett Creek included in the 1976 Water Resources Development Act (Section 173 Public Law 94-587). The Board of Engineers for Rivers and Harbors submitted a favorable report to the Secretary of the Army on March 30, 1977. The Secretary of the Army has by letter under date of June 19, 1978 notified the U.S. Congress of the approval of the Chief of Engineers. The Bassett Creek Flood Control Commission has participated with the Minnesota Department of Transportation, the Federal Highway Administration, the City of Minneapolis and the Corps of Engineers in the planning and construction of a deep tunnel in Minneapolis which is designed to carry Bassett Creek under a portion of the City of Minneapolis. The Commission has held hearings and approved and ordered upstream construction in the cities of Golden Valley, Plymouth, Minneapolis, and 1- Crystal. The local share of these costs is being paid by the nine member communities pursuant to an agreement consistent with the funding requirements set forth in Articles VII and VIII of the joint powers agreement which has been in effect from 1968 to 1993. The prior joint powers agreement contained the following "Statement of Intent": STATEMENT OF INTENT REGARDING AGREEMENT _ Bassett Creek leaves Medicine Lake and flows generally eastward through the Village of Medicine Lake, Plymouth, Golden Valley and into the City of Minneapolis. In Minneapolis, the creek is channeled into a conduit and runs underground to the Mississippi River to its eventual outfall. As the creek runs through the aforementioned communities it collects storm waters and in effect acts as the storm sewer for a large densely populated area and large unpopulated area. It also carries waters channeled to it or naturally flowing to it from the Villages of Minnetonka and New Hope and the Cities of Crystal, Robbinsdale, and St. Louis Park. For a long time the improvement and development of this creek to carry the increased quantity of storm water has been needed to allow for the orderly planning and development of the up -stream communities who must rely on the creek as the outfall for storm waters collected or naturally flowing from areas within these communities. As the communities contributing water to the creek have grown, and the lands naturally draining into the( creek have been covered with buildings and hard surfaced areas, the ability of the creek and its appurtenant facilities to accommodate the water has diminshed. Studies have been conducted by the municipalities both individually and collectively and a study has been made by the United States Army Corps of Engineers. The threat of flood damage increases each year with the increased use of land in the watershed area. The nine member communities have been meeting over a number of years in an effort to solve the storm water problems in the watershed drained by Bassett Creek. Each year it becomes more apparent that solutions must be sought to allow for a more orderly and efficient planning of the area and to allow the individual communities to plan storm sewer facilities which must be constructed to serve lands within the individual communities. It is also apparent to all nine municipalities that planning and construction to control the Bassett Creek cannot be done on the basis of each community looking at its individual problems. The creek downstream must be improved to accommodate the waters which will eventually be channeled and diverted to the outfall. To determine the downstream improvements it is necessary to know how much water will be contributed by the individual communities upstream and how much storm water will be retained in ponding areas upstream and the area of lands within the watershed which will be controlled by the individual communities as "open lands" and which will not contribute as much storm water as lands which are developed residentially, commercially, or for industrial purposes. 2- All of the nine communities within the Bassett Creek watershed recognize the aforestated problems. In seeking solutions to the overall drainage problem it becomes apparent that the only way the problems can be solved is by joint planning, joint cooperation, joint financing and a sincere desire on the part of each community to solve the overall drainage problem within the watershed. This means that some agency, commission, district, corporation, political subdivision, or other vehicle must be found to plan and finance improvements to and to control the development of lands within the watershed. Chapter 112 of the Minnesota Statutes provides for the formation of a watershed district with the powers and duties of conserving and controlling water and watercourses within a watershed. The creation of such a district :creates a new political subdivision with the power to sue or be sued, to incur debts, liabilities and obligations, to exercise the powers of eminent domain, to provide for assessments, to borrow money and issue bonds and to do all other acts necessary to carry out the powers vested in the district by said Chapter 112. The managers of the district would be appointed by the Minnesota Water Resources Board and subsequent appointments would be by the Board of County Commissioners of Hennepin County. It is the belief of the parties to this agreement that the creation of such a district would remove control one step further from the electorate and the residents of this watershed area who ultimately would pay the costs of the aforesaid improvements. It would also create another political subdivision which would have to plan and work with the individual parties to this agreement to solve the storm water and drainage problems within the watershed. The purpose of this statement of intent regarding the agreement is to clarify and establish for any court of review or any arbitrator or for the elected successors to the representatives who have entered into this agreement, the reasons and purposes for this joint and cooperative agreement. The parties to this agreement realize that the success or failure of the Bassett Creek Flood Control Commission created by this agreement is dependent upon the sincere desire of each member community to cooperate in the exercise of a joint power to solve a joint problem. Each party to this agreement pledges this cooperation." It is the intent of this amended agreement to carry forward the same purposes as aforestated and to revise the Joint Powers Agreement to meet the mandates of Minnesota Statutes, Sections 103B.201 through 103B.251 and Minnesota Rules Chapter 8410 relating to "Metropolitan Area Local Water Management". This amended agreement shall continue the existence of a Watershed Management Organization in accordance with the provisions of the Metropolitan Surface Water Management Act as set forth in Minnesota Statutes 1992 Sections 103B.201 to and including 103B.251. The organization hereby created shall have all of the powers and 3- responsibilities set forth in said statutes for the Bassett Creek Watershed. The purpose of the organization shall be to assist the 9 member( communities to preserve and use natural water storage and retention systems to: 1. Protect, preserve, and use natural surface and groundwater storage and retention systems; 2. Minimize public capital expenditures needed to correct flooding and water quality problems; 3. Identify and plan for means to effectively protect and improve surface water and groundwater quality; 4. Establish more uniform local policies and official controls for surface water and groundwater quality; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water( recreational facilities; 8. To secure other benefits associated with the proper management of surface water. 9. To promote and encourage cooperation among member cities in coordinating local surface water and groundwater plans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. 10. To continue the work of the Bassett Creek Water Management Commission and to carry out the plans, policies and programs developed by said Commission from 1968 to 1993. QC JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water into Bassett Creek and all of which have power to construct, reconstruct, extend and maintain storm water management facilities. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1992, Sections 471.59 and 103B.201 to and including Section 103B.251. NAME I. The parties hereto create and establish the Bassett Creek Watershed Management Commission. GENERAL PURPOSE II. The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channel for drainage; to assist in planning for land use; to repair, improve., relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; and to do whatever is necessary to assist in water conservation and the abatement of surface water and groundwater contamination and water pollution. In addition to the aforestated purposes, the organization hereby created shall serve as the organization for the Bassett Creek watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes, Section 103B.201 through 103B.251, both inclusive. 5- DEFINITIONS III. For the purposes of this agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement, the full name of which is "Bassett Creek Watershed Management Commission." It shall be a public agency of its members. Subdivision 2. "Board" means the Board of commissioners of the Commission, consisting of one commissioner or one alternate commissioner from each of the governmental units which is a party to this agreement and which shall be the governing body of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Subdivision 4. "Governmental Unit" means any city, county, or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "Bassett Creek Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Bassett Creek and within the mapped areas delineated on the map filed with the Board of Water and Soil Resources originally filed pursuant to Minnesota Statutes, 473.877 Subd. 2 and as now amended by Minnesota Statutes, Chapter 103B. MEMBERSHIP IV. The membership of the Commission shall consist of all of the following governmental units as shall elect, through resolution or ZC ordinance adopted by their respective Councils, to become members: City of Crystal City of Golden Valley City of Medicine Lake City of Minneapolis City of Minnetonka City of New Hope City of Plymouth City of Robbinsdale City of St. Louis Park The foregoing list is intended to include all governmental units which are presently partially or entirely within the Bassett Creek Watershed.) No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separate political subdivision. BOARD OF COMMISSIONERS V. Subdivision 1. The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the Board, and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner". Subdivision 2. The council of each member shall determine the eligibility or qualification of its representative on the Commission but the terms of each Commissioner shall be as established by this agreement. Subdivision 3. The term of each Commissioner and Alternate 7- Commissioner appointed by each member shall be three years and until their succesors are selected and qualify and shall commence on February 1, except that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows: a. The Commissioners appointed by the Cities of Crystal, Golden Valley, and Medicine Lake shall terminate on February 1, 1994. b. The Commissioners appointed by the Cities of Minneapolis, Minnetonka, and New Hope shall terminate on February 1, 1995. C. The Commissioners appointed by the Cities of Plymouth, Robbinsdale, and St. Louis Park shall terminate on February 1, 1996. Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. The Commission shall notify the Board of Water and Soil Resources of member appointments and vacancies within 30 days after the Commission is. notified by a member. Each member agrees to publish a notice of vacancies resulting from the expiration of a Commissioner's or Alternate Commissioner's term or where a vacancy exists for any reason. Publication and notice shall be in accordance with Minnesota Statutes, Section 103B.227, Subds. 1 and 2, as they now exist or as subsequently amended. Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of the Commissioner's term, unless said Commissioner consents in writing or unless said council has presented the Commissioner with charges in writing and has held a public hearing after reasonable notice to 11 8- the Commissioner. A member may remove a Commissioner or an Alternate Commissioner for just cause or for violation of a Code of Ethics established by the Commission or by the Member City or for malfeasance, nonfeasance, or misfeasance. Said hearing shall be held by the Member City Council who appointed the Commissioner. A Commissioner or Alternate Commissioner who is an elected officer of a Member City who is not reelected may be removed by the appointing Member City at the appointing Member's discretion. Any decision by a Member to remove a Commissioner or Alternate Commissioner may be appealed to the Board of Water and Soil Resources. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Commissioner and Alternate Commissioner. The Commission shall notify the Board of Water and Soil Resources of Member appointments and vacancies within 30 days after receiving notice from the Member. Members shall fill all vacancies within 90 days after the vacancy occurs. Subdivision 6. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from providing compensation for its Commissioner for serving on the Board, if such compensation is authorized by such governmental unit and by law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner for expenses incurred in performing Commission business and if authorized by the Board. Subdivision 7. At the first meeting of the Board and in February Qz of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it{ deems necessay 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 governing its meetings. Such rules and regulations may be amended f rom time to time at either a regular or a special meeting of the Commission provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. The Board shall notify each Member City of the location and time of regular and special meetings called by the Board. A meeting shall be held at least annually, and all meetings shall be called and open to the public pursuant to Minnesota Statutes, Section 471.705, or as amended. POWERS AND DUTIES OF THE BOARD VI. Subdivision 1. The Commission, acting by its duly appointed Board of Commissioners, shall as it relates to flood control, water quality, ground water recharge and water conservation or in its construction of facilities and other duties as set forth in Minnesota Laws have the powers and duties set out in this article. Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part time or consulting basis as the Board determines. Subdivision'3. It may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. IN CK11C Subdivision 4. It may acquire necessary personal property to carry out its powers and its duties. Subdivision 5. It shall develop an overall plan containing a capital improvement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Chapter 103B. Said overall plan shall establish a comprehensive goal for the development of Bassett Creek and shall establish a proposed procedure for accomplishing the purposes of the organization as set forth in Article II. In preparing the overall plan, the Board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factors which are relevant to the improvement and development of the Bassett Creek watershed. Said overall plan shall include the location and adequacy of the outlet or outfall of said Bassett Creek. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all branch lateral storm sewers within the Bassett Creek watershed. The plan shall comply with state statutes and regulations promulgated and adopted by the Board of Water and Soil Resources. Upon completion of the overall plan, or amendments thereto,.the Board shall supply each member with a copy of the proposed plan and shall submit the plan for review and comment to Hennepin County, all soil and water conservation districts in Hennepin County and to all statutory and home rule charter cities having territory within the watershed. All governmental units which expect that substantial amendment of its local 11- comprehensive plan will be necessary in order to bring their local water management into conformance with the Commission's watershed plan shall describe as specifically as possible, the amendments to the local plan which it expects will be necessary. The Commission shall hold a public hearing after 60 days mailed notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After such public hearing, the Board shall prescribe the overall plan which shall be the outline for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement program which may require the provision of county funds pursuant to Minnesota Statutes Sections 103B.251 or 103D.901. The County shall have 60 days to complete its review. If the County fails to complete its review within 60 days the plan and capital improvement programs shall be deemed approved. After completion of the review by Hennepin County, the plan and capital improvement program shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 103B.231, Subd. 8, the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the Board of Water and Soil Resources for review as provided in Minnesota Statutes, Section 103B.231, Subd. 9. After return of the plan, the Commission shall submit to each of its 12- members a copy of the plan and all comments of the reviewing authorities. The Commission shall wait for at least 30 days for comments from the members. The Commission shall adopt the overall plan within 120 days after approval of the plan by the Board of water and Soil Resources. The Commission shall then implement the approved plan and approved capital improvement program by resolution of the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of a majority of all eligible votes of the then existing members of the Commission. A copy of the adopted plan shall be filed with the clerk of each member governmental unit. Upon notice and hearing as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section 103B.231. If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 8. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, or water course, natural or artifical, within the Bassett Creek watershed. 13- Subdivision 9. It may order any member governmental unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to implement the overall plan. Subdivision 10. It shall regulate, conserve and control the use of storm and surface water and groundwater within the Bassett Creek watershed. Subdivision 11. It may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. Subdivision 12. It may establish and maintain devices for acquiring and recording hydrological and water quality data within the Bassett Creek watershed. Subdivision 13. It may enter upon lands within or without.the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the Chairman or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision 14. It shall provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connection with 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 or relating to water quality within the Bassett Creek 14- watershed. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the -manner and subject to the laws of Minnesota applicable to statutory cities. Subdivision 17. It may collect monies, subject to the provisions of this agreement, from its members, Hennepin County and from any other source approved by a majority of its Board. Subdivision 18. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. Subdivision 19. It shall cause to be made an annual audit by a certified public accountant or the state auditor of the books and accounts of the Commission and shall make and file a report to its members at least once each year including the following information: a. the approved budget; b. a reporting of revenues; C. a reporting of expenditures; d. a financial audit report or section that includes a balance sheet, a classification of revenues and expenditures, an analysis of changes in final balances, and any additional statements considered necessary for full financial disclosure; e. the status of all Commission projects and work within the 15- watershed; and f . the business transacted by the commission and other matters( which affect the interests of the commission. Copies of said report shall be transmitted to the clerk of each member governmental unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at 311 reasonable times. members. Subdivision 21. It may recommend changes in this agreement to its Subdivision 22. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 103B.201 through 103B.251. Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner of Natural Resources and the Director of the Division of( Waters, Soils and Minerals of the Department of Natural Resources in obtaining permits and complying with the requirements of Chapter 103G of the Minnesota Statutes. Subdivision 24. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means for public participation. METHOD OF PROCEEDING VII. Subdivision 1. The procedures to be followed by the Board in carrying out the powers and duties set forth in Article VI, Subdivisions 5, 16- 6, 7, 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Commissioners shall be the same as those serving as Commissioners and Alternate Commissioners for the predecessor Bassett Creek Water Management Commission. The Board shall immediately proceed to revise the overall plan as set forth in Article VI, Subdivision 5 or as required by state statute. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. The Bassett Creek Watershed Management Commission shall be the successor to the Bassett Creek Water Management Commission as constituted under the prior Joint Powers Agreement. All personal property, money, bank accounts, records or any other thing of value and on hand with the Bassett Creek Water Management Commission shall be transferred to the Bassett Creek Watershed Management Commission. Subdivision 4. The location and adequacy of the outlet for Bassett Creek shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the Bassett Creek watershed. In determining the necessary capacity for said outlet, the Commission shall take into consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting as a reservoir for surface waters. The commission may require from each member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional OVM waters to Bassett Creek shall be commenced by any member governmental unit prior to approval of the Board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the Board after consultations with its professional engineers. Subdivision 5. All construction, reconstruction, extension or maintenance of Bassett Creek including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedures outlined in Chapter 429 of the Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to 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 and the proposed allocation of costs between members. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the watershed. The Commission shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall be mailed not less than 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. The Board may adjourn said hearing to obtain further information, may continue said hearing pending action of the member governmental units or may take such other action as it deems necessary to carry out the purposes of this 18- Commission. To order the improvement, in accordance with the powers and duties established in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement project shall require a favorable vote by two-thirds of all eligible votes of then existing Board of the Commission. In all cases other than for capital improvement projects, a majority vote of all eligible members of the Board shall be sufficient to order the work. The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. After the Board has ordered an improvement or if the heating is continued while the member governmental units act on said proposal., it shall forward said preliminary report to all member governmental units with an estimated time schedule for the construction of said improvement. The Board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429 or the charter requirements of any city, or to ascertain the method of financing which said member governmental unit will utilize to pay its proportionate share of the costs of the improvement. Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. If the Commission proposes to utilize Hennepin County's bonding authority as set forth in Minnesota Statutes, Section 103B.251, or if the Commission proposes to certify all or any part of a capital improvement to 19- Hennepin County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section( 103B.251. 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 wi11 be assessed that it has completed its hearing or determined its method 'of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determination of the Board as to the allocation of the costs of said improvement shall have 30 days after the commission resolution ordering the improvement to appeal said determination. Said appeal shall be in writing and shall be addressed to the Board asking for arbitration. The( determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board of Arbitration. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not 20- including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the Board's order to construct, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, or watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as authorized by Minnesota Statutes, and for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures shall comply with all the requirements of law applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. These contracts shall be awarded by action of the council of a member and shall be in the name of a member governmental unit. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section 103B.251. Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts for a capital improvement shall require a favorable vote 21- of two—thirds majority of the eligible votes of the then existing members of the Commission. Subdivision 9. Supervision. All improvement contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member governmental unit awarding said contract or said member governmental unit may contract or appoint any qualified staff member or members of the Commission to carry out said supervision, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report and advise and recommend to the Board on the progress of said work. Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be 22- included in the improvement costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or condemn lands as ordered by the Board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the Bassett Creek watershed except upon order of the Board of this Commission. The Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the watershed. Said policy is contained in the existing watershed management plan and may be continued in any revised overall plan required by Minnesota Statutes. Subdivision 11. Pollution Control and Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the watershed as this is one of the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any land or into any watercourse or storm sewer draining into Bassett Creek. The Board may investigate on its own 23- initiative and shall investigate upon petition of any member all complaints relating to pollution of surface water or groundwater draining into or affecting Bassett Creek or its tributaries. Upon a finding that the creek or surface waters or groundwater are being polluted, the Board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water and groundwater in the watershed. Subdivision 12. Local Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes Section 103B.235 and/or by rules promulgated and adopted by the Board of Water and Soil Resources. The members also understand that the overall plan and capital improvement program required for the entire watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to coordinate the local plans with the watershed's overall plan. The members further understand and agree that upon completion and approval of the overall plan required by Minnesota Statutes 103B.231, each member will be required to present their local management plan to the Commission as required by Minnesota Statutes, Section 103B.235. It is therefore important that each member provide the Commission with their best effort to coordinate and plan for the individual member's local plan at the same time the watershed overall plan is being assembled. FINANCES VIII. Subdivision 1. The Commission funds may be expended by the Board 24- in accordance with this agreement and in accordance with the procedures as established by law and in the manner as may be determined by the Board. The Board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two Board members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer shall be required to f ile with the Secretary of the Board a bond in the sum of at least 10,000 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on said bond. Subdivision 2. The members agree to contribute all cash, bank deposits, and other assets held by the Bassett' Creek Water Management Commission to the new Bassett Creek Watershed Management Commission to carry out the purposes of the Commission. Each member governmental unit has contributed its proportionate share of said funds based on the net tax capacity and area of all taxable property within the Bassett Creek watershed. Subdivision 3. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, insurance, and bonds, and to purchase and maintain devices to measure hydrological and water quality data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with Subdivision 4 of this Article. The annual contribution by each member shall be based fifty percent (50%) on the net 25- tax capacity of all property within the watershed and fifty percent (50%) on the basis of the total area of each member within the boundaries of the Watershed each year to the total area in the Bassett Creek watershed. In no event shall any assessment require a contribution to exceed one-half of one percent of the net tax capacity within the watershed. Subdivision 4. a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 3. Each member agrees to contribute to said fund its proportionate share of the engineering, legal and administrative costs as determined by the amount to be assessed against each member as a cost of the improvement. 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 membe er agrees to pay to or contract with the member governmental unit awarding said contract for the improvement, its("' proportionate share of the cost of the improvement in accordance with the determination of the Board under Article VII, Subdivision 5. 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 said improvement costs within 30 days after receipt of the statement. 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. b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may by a vote of 2/3rds of all eligible votes of the then existing members of the Commission decide to proceed to fund all or 26- any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section 103B.251. The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 103B.251. The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a majority vote of all eligible members of the Commission and remitted to the County on or before the date prescribed by law each year. If it is determined to levy for maintenance, the Commission shall be required to follow the hearing process established by Minnesota Statutes, Section 103D.915 and 103D.921 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. Subdivision 5. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by a majority of all eligible votes of the then existing members of the Board. The Secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees to review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of 27- any and all modifications or amendments. Each member agrees to provide the funds required by the budget and said determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. The budget shall not in any event require any member to contribute in excess of one-half of one percent of the net tax capacity of all taxable property within the watershed and within said members corporate boundaries. The schedule of payments by the members shall be determined by the Board in such a manner as to provide for an orderly collection of the funds needed. Upon notice and hearing, the Board by a favorable vote of a majority of all eligible votes of then existing members may adopt a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event .shall the budget require any member to contribute in excess of one- half of one percent of the net tax capacity of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and/or normal and routine maintenance of facilities. 28- Subdivision 5. Cost Allocation. All capital costs incurred by the Commission shall be apportioned to the respective members on either 1), (2), or (3) of the following bases: 1) A negotiated amount to be arrived at by the members who have lands in the subdistrict responsible for the capital improvement. 2) (a) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the real property valuation net tax capacity of each member within the boundaries of the watershed each year to the total real property valuation net tax capacity in the Bassett Creek watershed area governed by this Agreement. b) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Bassett Creek watershed area governed by this Agreement. c) Capital costs allocated under the 50% area/50% net tax capacity formula herein set forth may be varied by the Commission by a 2/3rds vote if: 1) any member community receives a direct benefit from the capital improvement which benef it can be def ined as a lateral 29- as well as a trunk benefit, or 2) the capital improvement provides direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b), and (c) of this Section. 3) If the project is constructed and financed pursuant to Minnesota Statutes, Section 103B.251, the members understand and agree that said costs will be levied on all taxable property in the watershed as set forth in the statute. MISCELLANEOUS PROVISIONS I%. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be'levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs 30- allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to the Mississippi River or its tributaries from any subdistrict or subtrunk without a permit from the Board of Commissioners. Permits may be granted by the Board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: a) that there is an adequate outlet; and b) that said construction is in conformance with the overall plan; and c) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing its share to the general fund shall have the vote of its Board member suspended pending the payment of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its Board member suspended, pending the payment of its proportionate share. Any Board member whose vote is under suspension shall not be considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the Board. DURATION X. Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 2015, and it may be continued thereafter at the 31- option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 2015, by the unanimous consent of the parties. If the agreement is to be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin County at least 90 days prior to the date of dissolution. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the Board 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 Hennepin 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 Commission 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 Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION I. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. 32- EFFECTIVE DATE XII. This agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreement by all nine members. Said resolution shall be filed with the Chair of the existing Bassett Creek Watershed Management Commission (presently W. Peter Enck of the City of New Hope), 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. 33- Approved by the City Council Approved by the City Council September 7 , 1993. App r ed by the City Council 1993. approved by the City Council 1993. approved by the City Council 3 , 1993. pprovedd by the City Council 1993. approved by the City Council JUL 1 6 s9 1993. pproved by the City Council 1993. pproved by the City Council Q 6 1993. 34- CITY OF CRYSTAL By Attest 0& CITY OF 'GOLDEN VALLEY,--, Atte t CITY OF MEDICINE LAKE By Attest CITY 0 ayor -. Attest i y Clerk Countersigned `L City CITY,,;A" MI Attes CITY OF NEW HOPE Attest fi1(?TLf. CITY OF MINWEAPOLIS B A C B A CITY O S//T. LO IS PARK By Attest V",gI ". 0 Summary of Meeting of Mayors/Managers c 4 tgc-4 Bassett Creek Water Management Commission Monday, November 6, 2000 Appointments Minneapolis, Minnetonka and New Hope will be making appointments for 2001. It was agreed that a set of criteria should be developed to guide City Councils as they interview and decide on appointments. Some major areas of concern are: 1. Continuity on the Commission 2. Expertise and knowledge in the areas of water management as well as funding options and capabilities of cities 3. A clear understanding of responsibilities of commission members 4. The ability to work positivEdy in the group discussion/decision making process Mary Anderson and Bill Joynes will prepare a draft list of criteria to be circulated for comment. Structure A preliminary discussion was held on the options available to cities to maintain a commission that is professional, responsible to its constituency and has the tools `and resources to implement the strategies adopted to meet its goals. 1. Explore the option of changing to a Water Management District 2. Find out what needs to be.done to clarify/change state law to allow WMO's to levy a tax. 3. Draft an amendment to they Joint Powers Agreement that would establish a Technical Advisory Committee.;. 4. The possibility of hiring an Executive Director was raised. There was consensus that items t3uo, three and four above could be researched by the Attorney for the Commission for con;;ideration by the cities. Item one is more long term and we did not develop clear direction on who should research. Appointments to the Second GenOration Plan Advisory Committees We reviewed the responsibilities of the three Committees and the role of the cities in the appointment process. The Committees are: Policy Advisory Committee Technical Advisory Committee Citizen Advisory Committee We agreed the timetable for the appointments and work of the committees was ambitious and may have to be extended. Changing State Law to Allow Cities Free Choice in Appointments It was generally agreed that this might not be a wise option to aggressively pursue. If, during the Legislative Session an opportunity presented itself we would consider. 1,101-1 09 2000 09:43 612 531 1169 PAGE. 03 Att`c_lime.o f 3 CHARLES L. LEFEVERE Anomey at Law Direct Dial (612) 337-9215 email: clefevere&ennedy-graven.com MEMORANDUM TO: Bassett Creek WMO Commissioners FROM: Charlie LeFevere DATE: December 22, 2000 RE: Organizational Questions Posed by Member Cities At a recent meeting of officials of cities in the Bassett Creek watershed, the Commission was requested to address a number of issues. This memorandum is in response to that request. The first question posed is whether the Commission has the authority to hire an executive director. Article VI, Subd. 2 of the Joint Powers Agreement authorizes the Commission to employ such persons as it deems necessary to accomplish its duties and powers, on a full-time, part-time or consulting basis. Therefore, the Commission could hire an executive director if it wished to do so. 2. The second question is what is the process for a city to follow to remove a Commissioner who is not effective. The authority of a city to remove a Commissioner is limited. Minnesota Statutes, Section 103B.227, Subd. 3 provides that a city may remove a Commissioner only for just cause and that the Board of Water and Soil Resources is to prescribe standards and procedures for removal. Pursuant to that authority, BWSR has adopted Minnesota Rules Part 8410.0040 which allows for removal only for violation of a code of ethics of the WMO or the city or for malfeasance, non -feasance or misfeasance after an opportunity for hearing before the city. The only exception is elected officials who may be removed if they are not reelected or who may be removed at any time if their appointment is for an indefinite term at the pleasure of the city. A decision of the city to remove a Commissioner may be appealed to BWSR. The provisions of the Joint Powers Agreement for Bassett Creek, at Article V, Subd. 4 is consistent with these requirements of state law and BWSR rules. CLL -190914v 1 BA295-1 Bassett Creek WMO Commissioners December 22, 2000 Page 2 of 5 Under Article V of the Joint Powers Agreement, Subd. 3, the term of commissioners and alternates is three years. It appears that state law does not specify a term of office for commissioners. Therefore, if the cities were concerned about the difficulty of removal of a commissioner who is not performing appropriately, it could amend the joint powers agreement to provide for a shorter term. 3. The third question is whether the Joint Powers Agreement could be amended to provide for a technical advisory committee (TAC). Amember of a TAC could be a staff member. Article VI, Subd. 25 of the Joint Powers Agreement provides that the Commission shall establish a procedure for establishing citizens or technical advisory committees..." Therefore, such a committee could be formed by the Commission itself. A committee formed in this way could be altered or eliminated at any time by a majority vote of a quorum of the Commission. It would also be possible for the Commission to amend its by-laws to provide for a TAC. This would provide a somewhat greater assurance that the Committee would continue in existence since it could only be eliminated by following the procedures for amendment of by-laws. Under Article V, Subd. 7 of the Joint Powers Agreement, a by-law amendment requires ten days prior notice of the amendment proposed and a majority vote of all Commissioners. Shingle Creek and West Mississippi Watershed Management Commissions have adopted such an amendment to their by-laws. That by-law provision (a copy of which is attached) allows PAC members to be removed by the City at will. The by-law guarantees that TAC members will receive all written materials and will have the right to participate as a board member but without the right to make motions or vote. This assures that the city will have a "place at the table" for a representative of its choice who may be a staff member. In this way, the city can assure that its positions are presented to the Commission and that its representative will report back to the city council on Commission matters. Moreover, this committee allows the city to assure that a person who has good technical knowledge, as well as knowledge about the matters that are of special concern to the city, has a right to participate, even if that person is a staff member who is disqualified for service as a Commissioner. If the city wishes to assure that a TAC will be formed, will have certain characteristics and authority, and will not be changed or eliminated, they can do so by amendment to the Joint Powers Agreement. This would require approval of the city councils of all of the members of the Commission to amend the Joint Powers Agreement. Once the Joint Powers Agreement is amended, it requires unanimous approval of all cities to eliminate or alter the TAC. CLI : 190914v 1 BA295-1 Bassett Creek WMO Commissioners December 22, 2000 Page 3 of 5 4. The fourth question is what steps must be taken to give the Commission the authority to levy taxes. The Legislature has attempted on several occasions to give joint powers WMOs the authority to levy taxes. I understand that each time the Commissioner of Revenue has found some defect, or alleged defect, in the legislation and has declined to approve the levy, collection or payment of taxes. Most recently, in its last session, the Legislature adopted Laws 2000, Chapter 490, Article 5, Section 17, that explicitly listed the Middle Mississippi Watershed Management Organization as a special taxing district so that it would be authorized to levy taxes for its projects. However the WMO is not able to take advantage of this authority because it wishes to tax on a subwatershed basis, a point that was not explicitly addressed in the legislation. In any case, assuming a law can be drafted that overcomes the objections of the Commissioner of Revenue, the way to give the Bassett Creek Commission the power to levy ad valorem taxes is to secure passage of a general law giving such powers to all joint powers WMOs or a special law giving such power to the Bassett Creek Commission. 5. The fifth matter to be addressed is an explanation of the difference between joint powers watershed management organizations and watershed districts acting as watershed management organizations. The Metropolitan Surface Water Management Act provides that certain activities are to be conducted by watershed management organizations in the metropolitan area. Watershed management organizations can take one of two forms. One is a watershed district and the other is a joint powers organization made up of existing governmental units. A watershed district is a separate, autonomous governmental agency made up of commissioners appointed by the county board. The primary differences between the two forms of organization, and the advantages and disadvantages of each, relate to the fact that one organization is autonomous and independent while the other is a creation of its member cities. Therefore, for example, funding authority for a watershed district includes the power to levy ad valorem taxes for administrative expenses and other matters without the consent or approval of cities. Joint powers WMOs do not currently have the independent authority to levy taxes. If the member cities agree to funding of a joint powers WMO activity or project they can do so by the levy of ad valorem taxes. In fact, the authority of cities to levy ad valorem taxes to pay for administrative expenses is subject to fewer limitations than the power of watershed districts to levy taxes for the same purposes. In such a case, the difference between organizations would be primarily political. Taxes to any given landowner could be the same but they would be levied in one case as a part of the city's ad valorem levy and in the other case as the levy of an independent organization. However, it does sometime happen that cities cannot agree on a funding mechanism, or any other such matters, and joint powers organizations fail to perform the duties of a CLL 190914v1 BA295-1 Bassett Creek WMO Commissioners December 22, 2000 Page 4 of 5 WMO, or perform those duties ineffectively. A watershed district does not depend on city approval, and may even proceed in the face of serious opposition from cities within its jurisdiction. A watershed district may be ineffective due to the ineffectiveness of its commissioners. A joint powers WMO can be ineffective due to its commissioners as well, but can also be ineffective because of a lack of support from its member cities. Which form is more appropriate may be a matter of perspective or opinion. If the cities are willing to do the "right thing" in exercising their powers relating to surface water management, the joint powers organization gives them more flexibility and more influence in how these goals are met. If cities are not prepared to do the "right thing", the watershed district form provides an independent, autonomous body that is not influenced by the same factors. Watershed management organizations can agree upon different funding allocation and funding mechanisms for different projects. For example, one city might raise money for its share of a storm drainage project through the levy of ad valorem taxes while another might use funds from its storm sewer utility. A watershed would generally fund such a project through an ad valorem tax levied throughout the watershed. In a joint powers watershed management organization, one city might address water quality issues by constructing regional ponds while another might require each developer to include storm ponding for each development. A watershed district may not be as flexible in allowing local options to address such problems. For example, one city might construct regional ponds and finance the construction through its storm sewer utility. However, a watershed district would not be required to give a "credit" for such activities and the citizens of that city could be required to pay ad valorem taxes to fund projects in other cities that have not constructed regional treatment ponds as municipal projects. These differences are not true in all cases. Watershed districts do not have to be uncooperative or inflexible and joint powers WMOs do not always go along with the wishes of its members. Likewise, joint powers WMOs do not always act in a parochial way, unconcerned about environmental matters, and watershed districts are not necessarily more effective because they are isolated from the influences of city concerns. In very general terms, a city will have more influence over water management goals, projects, and regulation of development with a joint powers organization than it will with a watershed district. That will be good in some cases and not good in others. Other than this fundamental difference in governance, there are a number of other differences that are generally of less significance on a day to day basis. For example: a. There is a limit on ad valorem taxes that watershed districts can impose for administrative expenses. The cities are not so limited if they wish to spend more money on such expenses raised by their own tax levies. CLL: 190914v 1 BA295-1 Bassett Creek WMO Commissioners December 22, 2000 Page 5 of 5 b. Watershed districts are required to accept the transfer of county ditches if directed to do so. Joint powers WMOs can accept such ditches, but are not required to do so. If the joint powers organization accepts ditches, it has more flexibility in the procedures which are available to maintain and finance activities relating to transferred county ditches. C. Awatershed district can levy taxes without city approval. Under current law, such a tax cannot be levied directly by a joint powers watershed management organization, but would have to be levied as a part of the levy of its individual members. d. Watershed districts have the powers given to them by law, such as the power to acquire property by condemnation. Joint powers watershed management organizations have certain powers delegated to them by the legislature. However, they depend for their real effectiveness on powers delegated to them by the cities in the joint powers agreement and the continuing cooperation of member cities. Please let me know if you have any further questions about any of these matters. CLI. 190914v 1 BA295-1 ARTICLE IX TECHNICAL ADVISORY COMMITTEE Sec. 1. There is hereby created a Technical Advisory Committee (TAC) of the Commission. Sec. 2. The Council of each member city shall appoint a member and one or more alternate members of the TAC who may act in the absence of the TAC member. The clerk of each city shall notify the secretary of the Commission of such appointments. TAC members may be, but need not be, members of the Board. TAC members shall serve at the pleasure of the Council which appoints them and are not required to meet statutory qualifications for board members. Sec. 3. The TAC is a committee of the Commission and its meetings shall be subject to the Minnesota Open Meeting Law, Minn. Stat., Sec. 471.705. Sec. 4. The Board may by resolution delegate to the TAC any duties or responsibilities which may lawfully be so delegated. Sec. 5. Notice of all regular and special meetings of the Commission shall be given to all TAC members, and copies of all correspondence, agenda materials and other written materials provided to members of the Commission shall also be provided to TAC members. Sec. 6. TAC members may attend and participate in all meetings of the Commission. TAC members shall not have the authority to make motions or vote on matters before the Commission but shall otherwise have the rights of a commission member to question, discuss, debate and comment on any matter before the commission. CLL -170033 SH220-1 A}tGckVV%t,nf 9 Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO Memorandum To: Policy Advisory Group Members From: Karen Chandler Subject: Funding Options Date: April 13, 2001 Project: 23/27 051 2001 060 This memorandum summarizes the project funding methods available (or potentially available) to the Bassett Creek Watershed Management Commission (BCWMC). Funding of capital improvement projects and funding of maintenance activities are discussed separately, with examples given for each. This memorandum incorporates information from the Joint Powers Agreement and Charlie LeFevere's December 22, 2000 memorandum to the BCWMC Commissioners. The joint powers agreement sets forth two types of funds: a general fund, intended for general administration, and an improvement fund, required for improvement projects. Funding of Capital Improvement Projects There are three ways to fund BCWMC projects: 1. BCWMC joint powers agreement options According to the joint powers agreement (JPA), an "improvement fund" must be established for each improvement project ordered by the BCWMC. The JPA states that project costs will be apportioned based on either (a) a negotiated amount arrived at by the affected members, (2) a 50%/50% split of property values and relative watershed area, with allowances for direct benefits and lands acquired, or (3) an ad valorem tax on all property in the watershed (MN Statutes 103B.251). The latter funding option is not currently available, because it has not gained approval by the MN Commissioner of Revenue. 2. City project Improvement projects can also be funded solely by the member city in which the project is located. 3. Grants from outside sources Grants can be used to offset the costs of improvement projects. For example, the majority of the BCWMC flood control project was financed through grants and other outside funding sources, including the U.S. Army Corps of Engineers' Project (Local) Cooperation Agreement Program and a MN DNR Flood To: Policy Advisory Group Members From: Karen Chandler Subject: Funding Options Date: April 13, 2001 Paae: 2 Damage Reduction grant. Other grant sources include the EPA, USFWS, MPCA, Met Council, BWSR, and private funding sources, such as the McKnight Foundation. The BCWMC established an improvement fund for the flood control project and the costs (not covered by grants) were allocated according to the 50% property value/50% area formula, with credits given for lands acquired. The BCWMC funded the cost of the watershed and lake management plans using the BCWMC general fund. The BCWMC is now grappling with how (and if) the BCWMC should fund the water quality improvement projects that are called for in these plans. Example Projects The following projects are examples of projects that range from local to regional significance. Grimes Pond The Grimes Pond project is an example of a locally significant project, but one that involves three cities Golden Valley, Crystal, Robbinsdale). The City of Golden Valley received an $8,000 MetroEnvironment Partnership Grant from the Metropolitan Council for this project, which includes weed removal, alum treatment and a small educational effort. Sweeney Lake The Sweeney Lake water quality improvement project is an example of a project midway between locally and regionally significant. The watershed includes land in Golden Valley and St. Louis Park and the lake is adjacent to Theodore Wirth Park, a park of regional significance. The total capital costs for the recommended water quality improvement projects are $1,243,000, which includes alum treatment and construction of a detention pond. Medicine Lake The Medicine Lake water quality improvement project is an example of a regionally significant project. The watershed includes land in Golden Valley, Medicine Lake, Medina, Minnetonka, New Hope, and Plymouth. The lake has multiple public accesses and is used intensively during both the summer and winter. In addition, French Regional Park, East and West Medicine Lake Parks, and the East Medicine Lake Regional Trail are all located along the lakeshore. The Metropolitan Council considers Medicine Lake a "top priority lake" because of its multiple recreational uses and public access. The lake is used for D:\TEMP\April Funding Memo.doc To: Policy Advisory Group Members From: Karen Chandler Subject: Funding Options Date: April 13, 2001 Page: 3 many recreational activities, including swimming, boating and fishing. The total cost of the recommended water quality improvement projects is $3,642,400, which includes construction of stormwater treatment ponds, in -lake alum treatment, and construction of an alum treatment plant on Plymouth Creek. Funding of Maintenance Activities According to the JPA, the general fund can be used for normal facility maintenance, but extraordinary maintenance or repair, expenses must be treated as an improvement cost, meaning that an improvement fund would need to be set up for the project. In addition, if an improvement project is funded through 103B.251, the BCWMC and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of the project. No BCWMC projects have been funded using MN Statutes 103B.251 since the ad valorem tax levy option is not currently available to the BCWMC. A maintenance project could also be funded entirely by the member city in which the maintenance work is located. Currently, the member cities have been paying for routine maintenance of the stormwater system. In the future, a single member city may not be willing to foot the bill for a major maintenance project for a part of the flood control system or on the BCWMC trunk system, just because the project is located within their boundaries. Example Projects The example projects illustrate the different types of maintenance projects that the BCWMC may consider funding. Wisconsin Avenue Structure The Wisconsin Avenue Structure is a major feature of the BCWMC flood control project, so it may be appropriate for the maintenance costs to be paid for with BCWMC funds. Modifications to this structure are under review by the BCWMC and will likely be funded in the same manner as the original flood control project. Sediment Deposition in Medicine Lake The source of the sediment deposition problems in Medicine Lake may be local in nature, but they impact the recreational use of Medicine Lake, a water body of regional significance. Should BCWMC funding D:\TEMP\April Funding Memo.doc To: Policy Advisory Group Members From: Karen Chandler Subject: Funding Options Date: April 13, 2001 Paae: 4 mechanisms be used to pay for the cost of removing or otherwise addressing sedimentation problems in Medicine Lake, or is this solely a city issue? Erosion of Streambanks Along Bassett Creek Main Stem Sedimentation in Bassett Creek at Thedore Wirth Park Although these are two different types of projects in two locations, they present similar issues. The trunk system is the responsibility of the BCWMC. The main channel of Bassett Creek from Medicine Lake to the Mississippi River is considered part of the trunk system. The BCWMC plan states that the BCWMC will allocate project costs along the trunk systems that benefit more than one community. Does repair of eroded streambanks or the removal of accumulated sediment benefit more than one community? What is the cause of the streambank erosion and the source of the sediment? The answers to these questions will help the BCWMC decide what funding mechanism is appropriate for such a project. D:\TEMP\April Funding Memo.doc fit-F0.ch -,c,t Sur^w%dLey o- 7'o;ht Powers A,reow,e.,t Roles and Responsibilities of the Commission It may employ such persons on a full-time, part-time or consulting basis, as it deems necessary to accomplish its duties and powers. It may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. It may acquire necessary personal property to carry out its powers and its duties. It will develop and revise as necessary an overall plan containing a capital improvement program meeting all of the requirements of Minnesota Statutes, Chapter 103B. The plan shall comply with state statutes and regulations promulgated and adopted by the Board of Water and Soil Resources. It will make necessary surveys or utilize other reliable surveys and data, and develop projects to accomplish the purposes for which the Commission is organized. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim, or change the course or terminus of any ditch, drain, storm sewer, or water course, natural or artificial, within the Bassett Creek watershed. It may order any member governmental unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs, and appurtenant works or other improvements necessary to implement the overall plan. It will regulate, conserve, and control the use of storm and surface water and groundwater within the Bassett Creek watershed. It may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. It may establish and maintain devices for acquiring and recording hydrological and water quality data within the Bassett Creek watershed. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. It will provide any member governmental unit with technical data or any other information of which the Commission has knowledge that will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. ODM A\PC DOC S\DOC S \214606\ 1 It may provide legal and technical assistance in connection with 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 or relating to water quality within the watershed. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. It may collect monies, subject to the provisions of this agreement, from its members, Hennepin County, and from any other sources approved by a majority of its Board. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. It will conduct an annual audit by a certified public accountant or the state auditor of the books and accounts of the Commission and shall make and file a report to its members at least once each year. Copies of said report shall be transmitted to the clerk of each member governmental unit. Its books, reports, and records shall be available for and open to inspection by its members at all reasonable times. It may recommend changes in the Joint Powers Agreement to its members. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 10313.201 through 10313.251. It will cooperate with the State of Minnesota, the Commissioner of Natural Resources and the Director of the Division of Waters, Soils and Minerals of the Department of Natural Resources in obtaining permits and complying with the requirements of Chapter 103G of the Minnesota Statutes. It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means for public participation. The Commission will follow the statutory procedures outlined in Chapter 429 of the Minnesota Statutes, except as modified in their Joint Powers Agreement, in the construction, reconstruction, extension or maintenance of Bassett Creek including outlets; lift stations; dams; reservoirs; or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed. The Commission will determine the feasibility of improvements, prepare estimates of construction cost, allocate in percentages the cost between the member governmental units, designate the engineers to prepare plans and specifications, and designate the member who will contract for the improvement. ODMA\PCDOCS\DOCS\214606\ 1 The Commission does not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. These contracts shall be awarded by action of the council of a member and shall be in the name of a member governmental unit. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the cities wherein said lands are located, and each city agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners. The Commission may order any other member to negotiate or condemn outside its corporate limits in accordance with Chapter 117, MN State Statutes, if any member unit refuses to negotiate or condemn lands as ordered. The Commission has authority to establish land acquisition policies as part of the overall plan. The Commission will have the authority and responsibility to protect and improve water quality in the watershed. The Commission may investigate on its own initiative and shall investigate upon petition of any member all complaints relating to pollution of surface water or groundwater draining into or affecting Bassett Creek or its tributaries. The Commission can order cities to abate the pollution of surface or groundwater and the cities will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water and groundwater in the watershed. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs, and official controls required by Minnesota Statutes Section 103B.235 and/or by rules promulgated and adopted by the Board of Water and Soil Resources. The Commission may proceed to fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section 103B.25 1. The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 103B.251. The Commission will adopt a detailed annual budget for the ensuing year and decide upon the total amount necessary for the general fund. The Commission will prepare the schedule of payments by the members that will provide for an orderly collection of the funds needed. The Commission shall not have the power to issue certificates, warrants, or bonds. ODMA\PCDOCS\DOCS\214606\1 3 The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. NOTE: Roles and responsibilities that are requested by the reviewing agencies will be distributed at the meeting. ODMA\PCDOCS\DOCS\Z 14606\1 A+4a.chrr[ht G Minutes of the February 5, 2001 Policy Advisory Group (PAG) Meeting Members present: Lee Gustafson, Bill Joynes, Dan Donahue, Ginny Black, Dennis Kraft, Bobby Young Agenda: Statement of Purpose and Strategy Joint Powers Agreement Middle Mississippi River WMO Agreement Water Quality Funding Request Mr. Gustafson, PAG Chair, introduced the Commission's Statement of Purpose and Strategy. The group's overall reaction to the Statement of Purpose and Strategy was general agreement with the policies and goals. Mr. Donahue expressed concern about the role the Commission will play in zoning requirements and would like to see the Commission act as a recommending body. Mr. Gustafson emphasized to the group that this is a continuing and evolving process. There were varying opinions concerning public participation and the best way to communicate to the public. Ms. Black referenced a study on effective forms of communication where billboards were found to be the best way of getting the word out. Mr. Joynes said that Golden Valley staff and city council have differing opinions concerning public involvement. Ms. Black re-emphasized Plymouth's opinion that citizen involvement is an important element in their community and in this process. Mr. Gustafson reminded the PAG members to return comments to Pat Schutrop by March 5 for summary and distribution prior to the PAG meeting on March 19. The Steering Committee will review the comments received and determine appropriate action. If more discussion is necessary, responses will be included on the PAG March 19`h meeting agenda. Mr. Kremer discussed the funding request proposed for presentation to the 2002 Legislation. The funding request will be consistent with past LCMR grants prepared by the Commission where the grant request included the entire watershed. As a result of the funding request, legislative committee members will be visiting the watershed during the summer to view project areas. Watershed mayors and councilpersons may be asked to help with the legislative request at that time. Mr. Kremer distributed a list of the proposed capital improvements, which totaled $20 million, not including land acquisition. Mr. LeFevere presented a detailed explanation of the Joint Powers Agreement and the agreement with the Middle Mississippi River Watershed Management Organization. In past years, the Bassett Creek Water Management Commission has undertaken significant activity in flood control matters. It has in place a surface water management plan based on the rules of the Minnesota Board of Water and Soil Resources (BWSR) that were in effect some years ago. The Commission is now in the process of updating its plan to create a so-called "second generation plan" for surface water management. State law requires that the Commission up -date its plan to comply with the current regulations of BWSR. The emphasis of the second generation plan is the protection 224393 1 and preservation of water quality. The Commission has been concerned with water quality for a number of years and has been furthering the goals of water quality through permitting projects, regulation of development, requiring erosion control plans, and the like. However, in the future it will be necessary for the Commission to undertake more difficult tasks such as capital projects, treatment ponds, erosion control projects, water treatment, etc. Issues relating to such projects are likely to be more difficult because of the amount of money involved. It will be necessary for the parties to determine, for example, what wetland or pond or lake dredging is a local project and what is a watershed commission project. In the second generation plan, we will be attempting to determine what projects will be built, when they will be built, and who will pay for them. As the Commission moves into this next phase, the agreement and commitment of the participating cities is of vital importance. There are several ways for a city to pay for its part of a storm sewer project. It may use special assessments, ad valorem taxes, special storm sewer district taxes, or storm sewer utility payments. There are many ways that the cities might share such project costs among themselves. In some cases, one city, or a small group of cities, may jointly undertake a project. Whenever more than one city is involved in a project, a number of factors may be considered in determining a fair and reasonable way of allocating costs including tax capacity, area, population, amount of water contributed, amount of pollutants or contaminants contributed, and any particular local benefit derived from the project. It is not surprising that cities do not always agree on such matters. The Vermillion Watershed Management Organization in Dakota County recently disbanded because of its inability to agree to a second generation plan and how to proceed on that plan in the future. The watershed management responsibilities of the watershed management organization have now been taken over by Dakota County. An example of the kinds of difficulties that can arise is the case of Richfield. A part of Richfield is in the Minnehaha Creek watershed district. The City has created a large storm sewer treatment system and has done so through the levying of utility fees on properties in the City. Rather than make individual developers pay, thereby becoming an impediment to redevelopment, the City has decided to address storm water management issues through its storm sewer utility. These projects have been constructed at considerable expense to the citizens of the City of Richfield. The water flowing from Richfield, as a result, is a very high quality of water. Meanwhile, the Minnehaha Creek watershed district is moving into a new phase of operations in which a good number of expensive capital projects are proposed to be constructed. It appears that those projects will be constructed with ad valorem taxes levied throughout the entire watershed. Richfield has regarded this practice to be unfair and unreasonable given the fact that water quality problems being addressed or remedied do not include Richfield surface waters since Richfield had already paid the cost of constructing such projects to manage its own storm water. If the cities of the Bassett Creek Water Management Commission continue to operate effectively throughout and after the second generation planning process, the cities will continue to have a strong voice in the activities of the Commission. If, however, the cities are unable to continue to agree and make the commitment necessary to fulfill their statutory responsibilities as a watershed management organization, BWSR may step in and declare the Commission to be out of compliance with the statute. If this were to occur, either the County or a watershed district would take over watershed management in the Bassett Creek watershed. 224393 2 The second generation planning process is now underway. Decisions that will be made in that process are made against the backdrop of the current joint powers agreement. It is important that the parties understand that agreement and how it will work in implementing the decisions made in the second generation planning process. It is possible that this process will reveal a need to make amendments to the joint powers agreement given the Commission's new roles that may be established during the planning process. The provisions of the current joint powers agreement that relate specifically to the procedures for constructing capital projects are as follows. Under Article VI, Subds. 8 and 9, the Commission can order its member cities to construct, clean and repair ditches, sewers, or water courses and to operate, construct or maintain dams, reservoirs, and other improvements necessary to implement the overall plan. The procedure to be followed for such capital projects is set forth in Article VII, Subd. 5. The process starts with the preparation of a feasibility report. The Commission then holds a hearing after giving notice to its member cities. Following the hearing, an improvement can be ordered by a two-thirds vote of all of the Commissioners. That order will designate the member who will construct the project, direct the preparation of plans and specifications, and allocate the costs of the project among one or more of its members. If a member is aggrieved by the Commission's determination, it can appeal the Commission's decision to a three member arbitration panel. The funding for the Commission for administrative expenses is provided under a formula that is based 50% on the net tax capacity of each city within the watershed and 50% of the area of each city lying within the watershed. The Commission's budget is certified on or before July 1 of each year, and no city can be required to contribute in excess of .5% of its net tax capacity within the watershed for the administrative budget. Under Article VIII, Subd. 5, there are three possible formulas for allocating costs of capital projects. One is an ad valorem tax levied throughout the watershed. The Commission does not currently have the authority to levy such a tax, and an amendment to state law would be required for the Commission to do so. Therefore, as a practical matter, the Commission can currently allocate costs under only two formulas. The first is the allocation by a formula negotiated by the parties having land in the subdistrict responsible for the capital improvement. The second formula is based, like the administrative charges of the district, 50% on net tax capacity and 50% on the basis of area. However, the Commission is authorized to modify the application of this 50/50 formula if (a) any member receives a direct benefit from the project that can be defined as a lateral benefit as well as a trunk benefit (this would seem to apply more to flooding projects than water quality projects), or (b) the project provides a direct benefit that is so disproportionate as to require in fairness a modification of the 50/50 formula. Over the past few years, the Commission has identified a number of potential capital projects for water quality improvements in the watershed. These, and possibly other improvements, will be considered during the second generation planning process. It would seem to be a good idea for the policy advisory group to consider this list of capital projects and determine how the 224393 3 construction of these projects might be implemented among the member cities, particularly how the costs might be allocated. The policy advisory group also asked for a description of the recent boundary change with the Middle Mississippi Watershed Management Organization. From 1976 to 1992, the Bassett Creek Commission, its member cities, MnDOT, and the Department of the Army were engaged in the construction of a major public works project that involved the diversion of most of the water flowing from the Bassett Creek watershed into a new tunnel constructed under the City of Minneapolis. The tunnel was designed so that in the event of an extremely serious flood event, some water would overflow into the old tunnel. Otherwise, all water from the Bassett Creek watershed was directed to the new tunnel. The primary function of the old tunnel is now to receive surface waters from the local City of Minneapolis area. This is the primary responsibility of the Middle Mississippi Watershed Management Organization. Therefore, the area tributary to the old tunnel, along with an isolated area surrounded by Middle Mississippi River WMO jurisdiction, was transferred to the Middle Mississippi River WMO. The agreement provided for a change in the jurisdiction of that area from Bassett Creek to the Middle Mississippi WMO and covered a number of items of joint interest. The agreement provides that Minneapolis is to maintain the old tunnel and preserve the capacity needed for overflow from Bassett Creek in the event of certain flood events. The agreement also limited development and changes in area of the Middle Mississippi River WMO that is tributary to the new tunnel. The agreement also provides how pollutants and contaminant remediation will be managed in the event target loads are imposed on an area that includes property within the jurisdiction of both Bassett Creek and the Middle Mississippi water management organizations. The primary purpose of the change was to allow an ad valorem tax levy, under a special law, by the Middle Mississippi Watershed Management Commission within the City of Minneapolis to be used to fund certain storm sewer improvement projects proposed for that part of the City of Minneapolis. The PAG requested meeting minutes from this meeting and future PAG meetings, Technical and Citizens Advisory Groups' meetings minutes, a copy of the Bassett Creek Water Management Commission's Bylaws, and a copy of the summary of a meeting of mayors/managers held on November 6, 2000 and the Commission's response to their organizational questions. Action Items: 1. Send meeting minutes to PAG members. 2. Send Commission Bylaws to PAG members. 3. Send copy of the summary of the November 6ffi meeting of the mayors to PAG members. 224393 4 POLICY ADVISORY GROUP Minutes of Meeting of March 19, 2001 Members Present: Chair Lee Gustafson and Members Bobby Young, Anne Norris, Ginny Black, and Jodi Polzin Also Present: Commission Counsel Charlie LeFevere The meeting was convened by Chair Gustafson at 8:30 a.m. at Minnetonka City Hall. Following a general discussion of the Joint Powers Agreement and issues that might be addressed in the review and consideration of governance of the Commission, it was decided by consensus that: 1. Legal counsel will circulate a description of the method used by the Shingle Creek Watershed Management Commission to allocate costs among its members. 2. Legal counsel would begin work on a "running draft" of proposed amendments to the Joint Powers Agreement that will show the current agreement, proposed changes, and explanatory annotations as appropriate. It was agreed that the Joint Powers Agreement should be streamlined and that background and historical materials, and repetition of state statutory requirements would be deleted or included in a separate attachment or appendix. 3. Ethics and conflict of interest matters should be considered for inclusion at an appropriate place in the organizational documents of the Commission. 4. Consideration should be given to providing orientation and training for Commission members. Chair Gustafson briefly reviewed the list of Major Issues from the Planning Process Handbook. 1. Groundwater. It was decided that this issue should be referred to the Technical Advisory Group to report and advise the Commission on the role that the Commission should have in addressing groundwater issues. The Commission role could involve current activities, or could be a plan to address such questions in the future, or could be described in terms of reaction by the Commission to future events such as adoption of a groundwater plan by the County. 2. Water Quality. The committee had no issues to add to the list of water quality issues identified in the Handbook. 3. Flooding and Rate Control. The committee had no issues to add to the list of flooding and rate control issues identified in the Handbook. 4. Wetland and Natural Resources. The committee had no issues to add to the list of wetland and natural resources issues identified in the Handbook. The committee identified Task B 13 "include identifiable goals and policies that address wetlands" as a high priority task. CLL -196041v1 BA295-4 Agenda Number: TO: Dwight D. Johnson, City Manager FROM: Laurie Ahrens, Assistant City Manager/t--", SUBJECT: Set Future Study Sessions DATE: April 20, 2001, for City Council meeting of April 24, 2001 1. ACTION REQUESTED: Review the list of pending study session topics and decide whether to add topics to the list or to schedule topics for a study session. Attached is a letter received from the City of Maple Grove requesting a joint meeting of the Plymouth and Maple Grove City Councils in the fall. This could be added to the pending topics list and scheduled later this year. Calendars are also attached for the Council's use in scheduling. Cityof Maple Grove 12800 Arbor Lakes Parkway April 18, 2001 Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1448 Dear Dwight: Maple Grove, MN 55311-6180 763-494-6000 The City of Maple Grove would like to propose a joint meeting between our two City Councils to be held sometime this fall. Please check with your Council and let me know their thoughts. If they are agreeable, I will follow up with you later in the year, and we will find a mutually convenient date. There are several long-term items that would be good for the two Councils to get on the table, and this meeting would be an excellent opportunity to do so. I look forward to hearing from you. Sincerely, Alan A. Madsen City Administrator AAM:cjm Serving Today, Shaping Tomorrow" AN EQUAL OPPORTUNITY EMPLOYER Printed on Recycled Paper containing at. least 15% post -consumer paper fibers. Pending Study Session Topics at least 3 Council members have approved the following study items on the list) Joint meeting with EQC on Medicine Lake water quality improvements. late summer, videotape meeting). Joint meeting with school districts to discuss safety issues, traffic, future school sites, trends in population -- start with ISD 284. South Shore Drive safety improvements, including pedestrian patterns and Luce Line impacts, speed humps, and stop signs (late summer). Consider ways to minimize effects of exposure to second-hand smoke. Report on Snowplowing (on May 22 regular meeting agenda). Disposition of houses along County Road 101 bought by the City (late summer) Capital Improvements Program (July) Discuss liquor issues -- limiting the number of liquor licenses and whether licenses should be issued to gas stations and convenience stores Quarterly check-in with City Manager (next in May/June). Other proposed study session topics: OFFICIAL CITY MEETINGS April 2001 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 DAYLIGHT SAVINGS 7:00 PM YOUTH ADVISORY 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HUMAN RIGHTS 7:00 PM SPECIAL COUNCIL COMMENCES- COUNCIL, MEETING: City COMMISSION - Medicine Lakesetclocksahead1MedicineLakeCenterStreetscape hour Room Imp., parking bays on Ply Blvd., Police 7:00 PM SKATE Room Training Room PARK INFORMATIONAL MEETING, Plymouth Creek Center 8 9 10 11 12 13 14 7:00 PM 7:00 PM EQC, 7:00 PM PRAC, REGULAR Council Council COUNCIL Chambers Chambers MEETING, Council Chambers 15 16 17 18 19 20 21 7:00 PM YOUTH ADVISORY COUNCIL, 7:00 PM BOARD OF REVIEW, Council chambers 7:00 PM PLANNING COMMISSION, 7:00 PM HRA - Medicine Lake Room 11:00 AM CITY EMPLOYEE RECOGNITION Medicine Lake SPECIAL COUNCIL Council Chambers LUNCHEON, Plymouth CreekRoomMEETING IMMEDIATELY 7:00 PM PUBLIC SAFETY Center FOLLOWING BOARD OF REVIEW): ADVISORY HOLLYDALE GOLF BOARD, Police COURSE; FUTURE STUDY TOPICS Dept. Library 22 23 24 25 26 27 28 1:30AMLOCALBUSINESS COUNCIL, Ra0lnm FI 7:00 PM PACT- Bass Lake Room 6:30 PM MEDICINE LAKE WATERSHED 5:30 PM SPECIAL COUNCIL EOC) MEETING: BASSETT CREEK SUB -COMMITTEE, JOINT POWERS AGREEMENT: FUTURE Medicine Lake Room STUDY TOPICS, Polka TreNnp Roan 790 PM REGULAR COUNCIL MEETING, Council cl-1- 29 30 Mar 2001 May 2001 7:00 PM YOUTH S M T W T F S S M T W T F S ADVISORY 1 2 3 1 2 3 4 5COUNCIL, Medicine Lake 4 5 6 7 8 9 10 6 7 8 9 10 11 12 Room 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 modified on 4/18/2001 OFFICIAL CITY MEETINGS May 2001 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Apr 2001 S M T W T F S 7 00 PM BOARD OF REVIEW (RECONVENED), Council Chambers SPECIAL COUNCIL MEETING (IMMEDIATELY FOLLOWING BOARD OF REVIEW): ELM CREEK INTERCEPTOR; FUTURE STUDY TOPICS 8:00 AM - 1 PM HUMAN RIGHTS COMMISSION REGIONAL WORKSHOP, Plymouth Creek Center 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HUMAN RIGHTS COMMISSION - Medicine Lake Room 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 5:00PM YOUTH ADVISORY COUNCIL TOWN FORUM, Plymouth Creek Center 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 7:00 PM EQC, COUr1Cll Chambers 7:00 PM PRAC, Council Chambers 10:30 AM -4:00 PM PLYMOUTH HISTORY FEST, Parkers Lake Park 2:00 PM & 7:00 PM - PLYMOUTH PANDAS ICE SHOW "AROUND THE WORLD WITH THE CHAMPIONS', Plymouth Ice Center 7,00 PM PLYMOUTH PANDAS ICE SHOWPANDAS THE WORLD WITH THE CHAMPIONS', Plymouth Ice Center 13 14 6:30 PM MEDICINE LAKE WATERSHED Eoc) SUB -COMMITTEE, Medicine Lake Room 700 PM YOUTH ADVISORY COUNCIL, Medicine Lake Room 15 7:00 PM PLYMOUTH TOWN MEETING, Plymouth Creek Center 16 7:00 PM PLANNING COMMISSION, Council Chambers 17 18 19 2:00 PM PLYMOUTH PANDAS ICE SHOW WORLDUWIITH THE CHAMPIONS", Plymouth Ice Center 7:00 PM HRA- Medicine Lake Room 7:00 PM PUBLIC SAFETY ADVISORY BOARD, Police Dept. Library 9:00 AM - 3:30 PM, PLYMOUTH SPRING CLEAN-UP DAY, Public Works Maintenence Facility 20 21 22 23 24 25 26 6:00 PM MILLENNIUM GARDEN GROUNDBREAKING CEREMONY, Plymouth Creek Center 7:30 AM LOCAL BUSINESS COUNCIL, Radisson Hotel 700 PM PACT - Bass Lake Room 6:30 PM MEDICINE LAKE WATERSHED EDC) SUB -COMMITTEE, Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 27 28 29 30 31 Jun 2001 MEMORIAL DAY Observed) - City Offices Closed 7:00 PM YOUTH ADVISORY COUNCIL, Medicine Lake 7:00 PM Met Council Public Meeting on Elm Creek Interceptor, S M T W T F S 1 2 3 4 5 6 7 8 9 Room Plymouth Creek Center 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 modified on 4/18/2001 OFFICIAL CITY MEETINGS June 2001 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 May 2001 Jul 2001 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 6:30 PM MEDICINE LAKE WATERSHED EQC) SUB -COMMITTEE, Medicine Lake Room 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HUMAN RIGHTS COMMISSION - Medicine Lake Room 10 11 12 13 14 15 16 7:00 PM YOUTH 7:00 PM 7:00 PM EQC, 7:00 PM PRAC, ADVISORY REGULAR Council Council COUNCIL, Medicine Lake COUNCIL MEETING, Council Chambers Chambers Room Chambers Flag Day 17 18 19 20 21 22 23 7:00 PM PLANNING COMMISSION, 7:00 PM HRA - Medicine Lake Room 9:15 AM MUSIC IN PLYMOUTH 5k RUN Council Chambers 7:00 PM PUBLIC SAFETY ADVISORY BOARD, Police Dept. Library LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE, Duluth DECC 24 25 26 27 28 29 30 7:00 PM YOUTH ADVISORY COUNCIL, Medicine Lake 7:30 AM LOCAL BUSINESS COUNCIL, Radisson Hotel 7:00 PM PACT - Bass Lake Room Room 7:00 PM REGULAR COUNCIL MEETING, Council Chambers modified on 4/18/2001