Agenda - Council - 05/10/1994 - Laserfiche WebLink

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CASE # APPROVAL OF JOINT POWERS AGREEMENT TO THE LOWER RUM RIVER WATER SHED MANAGEMENT ORGANIZATION ! By: Steven Jankowski, City Engineer Background:': In 1982, the St~,te mandated that all watersheds within the Seven County Metropolitan Area must be governed b a watershed management organization. Requirements of this law have been codified into sc :tions 103b.201 through 103b.251 of the Minnesota State Statutes. In 1985, the Cities of And¢ vet, Anoka, Coon Rapids and Ramsey entered into a joint powers agreement creating the Lot vet Rum RAver Watershed Management Organization (LRRWMO) in response to this mandate. ,~,t the time, all four cities expressed a desire to enter into a joint powers agreement to establish a Water management organization (WMO). The alternative would require Anoka County to petition for the establishment of a watershed district. It was the belief of these four cities that a joint powers agreement provided more efficient planning and an opportunity for more local control than w~uld a watershed district which would be created by the County and operated through special ~tistrict levy. The four cities have worked cooperatively since that time to prepare a plan and manag~ surface and groundwater concerns within the watershed. Over the years t~e Minnesota Legislature has adopted many new laws mandating the organization to perform addi~tional duties. In 1990, it adopted a major change in legislation known as the Metropolitan Surf,. ace Water Management Act. The new state rules which became effective August 1, 1992, direct ~hat all joint powers water management organizations amend their joint powers agreement to be} consistent with the new state laws and the Board of Water and Soil Resources rules. Since th~ summer of 1993, the WMO has worked toward an agreement acceptable to all four member cites and in compliance with the mandated requirements of the agreement. Attached is the final pro{uct for the Council's consideration. This document has been reviewed by the LRRWMO's attorney as well as each of the member cities' attorneys. As stated in the preface of this joint powers agreement, the LRRWMO is viewed primarily as a planning agency responsible for promoting cooperation and uniform standards with regard to water quality througho tt the basin. The preface emphasizes this by.stating that the organization does not anticipate many ~ apital improvement projects. However, state law requires that such organizations have the authorit to construct capital improvements, if necessary, to realize the goals of the plan. In reviewing thi'. agreement, serious efforts were made to narrowly define when such capital projects would :ed to be ordered by the Commission. Nonetheless the proposeed agreement significantly expands the authority of the organization in this case. I believe, however, that the agreement has be en drafted such that costs associated with capital improvements are given ample opportunity to beifairly distributed. Attached are bot~ the proposed and existing joint powers agreement. The most significant changes occur in Sections iVI, VII and VIII. Recommendation: It is Staffs recom~ endation that the attached resolution be adopted, approving and amending the joint powers agrea, ment for the City of Ramsey with the Lower Rum River Watershed Management Organization. }. · Council Actioni . C~ !,, .~ J ~eO~tn t~f~mPts~e~lt~t~en g9Lo4w-e0r5~'~~~a~e~hd~Un~nu~,,ngemtheen~taPn~oSnAgreement for 'Y ~ ' . g g · . Reviewed by: City Engineer CC: 05/10/94~( /jmt Copies also distributed to: City Adminisu'ator Finance Officer City Attorney