Agenda - Council Work Session - 06/17/2014

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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 Members.In determining how costs of a capital improvement shall be allocated amon_ 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 " enMember Cities or may take such other action as it deems necessary to carry out the purposes of the CommissionLRRWMO. 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 the then existing Commissioners. (In all cases other than for a capital improvement project, a majority vote of all eligible Commissioners shall be sufficient to order the work.) The order shall describe the improvement, shall allocate in percentages the cost between the MembersMember Cities, shall designate the engineers to prepare plans and specifications, and shall designate the Member City that will contract for the improvement in accordance with Subdivision 7 of this Article. In determining how costs of a capital improvement shall be allocated among Member Cities, the Board may consider whether the improvement benefits one or more subwatersheds rather than the Lower Rum River Watershed as a whole. After the Board has ordered an improvement it shall forward to all MembersMember Cities 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 City 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 that said Member City will 438695144 LW105 -1 10