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,
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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.
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SUBJECT: BASSETT CREEK JOINT POWERS AGREEMENT
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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?
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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Bassett Creek WMO Commissioners
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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.
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Bassett Creek WMO Commissioners
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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
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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.
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Bassett Creek WMO Commissioners
December 22, 2000
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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
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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
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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