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LRRWMO Meeting Minutes March 16, 1995 Page 7 Jankowski pointed out another consideration is the effect on uali of runoff being generated by a project. Schultz noted when this matter was first brought up, the WMO agreed that improvement projects would only be chazged to those generating the need, and not chazged to the other member cities, which is clearly spelled out in the JPA. Jankowski explained the JPA also indicates how cost will be assigned if agreement can't be reached on how the cost is to be divided. He further explained it is this "can't agree" clause that concerns Ramsey as well a whether the default provision is appropriate. Ferguson commented that whenever the default clause is exercised it is usually a bad situation. Weaver emphasized it is important that the JPA issues aze resolved and the document signed. Jankowski suggested the default clause be eliminated and just say it will be done on a negotiated settlement of the cities or ]et the court make the decision. Schultz noted if it comes to that situation, the member city can step out of the WMO and have Anoka County take it over. He supported the current language which allows eaeh member city to control their own destiny. Schultz pointed out that these same issues were discussed when the WMO was first organized. At that time Jim Schrantz represented ltaxrsey and he felt they put together a very good document. a.,ao~r Jankowski agreed it was a point of considerable controversy and stated he will relay the LRRWMO's comments to the Ramsey Attorney and Mayor and indicate what will happen if an agreement cannot be reached. Jankowski asked if the default clause can be eliminated. Ferguson noted this may not be possible under State mandate. Jankowski stated he does not understand why a city would oppose leaving it with a negotiated settlement between benefiting communities. Ferguson pointed out if this were done, the JPA would not specify what would happen if a negotiated settlement cannot be reached, and it is included because the Rules address different mechanisms for funding. Weaver asked if the LRRWMO should request additional input from their attorney. He noted if member cities cannot agree at this level, how would they ever arrive at a resolution --- on acapital improvement project. Jankowski asserted if there was a specific project so members knew the factors, they could deal with the issue more concretely. He believed that fear of the unknown is involved.