Agenda - Council Work Session - 06/17/2014

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referring unit of government an extension of time to act on the matter referred. Where the LRRWMO makes recommendation of any matter to a Member City, the Council of a Member City not acting in accordance with such recommendation shall submit a written statement of its reasons for doing otherwise to the LRRWMO within ten (10) days of its decision to act contrary to the LRRWMO's recommendation. The LRRWMO shall review the written statement and if determined insufficient by the LRRWMO, request written clarification within an additional ten (10) days. 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, 6, 7, 8, 9, and 10, shall be as set forth in this Article. Subdivision 2. The Board has previously prepared the overall plan as required in Article VI, Subdivision 5. This plan shall be updated as required by state law. The Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. No project that will channel or divert additional waters to subdistrict and subtrunks that cross municipal boundaries shall be commenced by any Member City prior to approval of the Board of the design of an adequate outlet or of adequate storage facilities. Subdivision 4. Ordering Improvements. All construction, reconstruction, extension or maintenance of outlets for the various subdistrict and subtrunks, including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system that involve construction by, or assessment against, any Member City 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 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 Member Cities. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the Clerk of each Member City. The Board 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 City. The Board may adjourn said hearing to obtain further information, may continue said hearing pending action of the Member Cities or may take such other action as it deems necessary to carry out the purposes of the LRRWMO. 438695v4 LW105 -1 9