Agenda - Council Work Session - 11/26/2024

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I left the reference to the statute in to help those who are reading it know where to look for the requirement rather than just a general reference to as required by law. • Page 23, Section 5.6(d) -WMO's do not have taxing authority. Delete or revise this section accordingly. This language is directly from the statute, but I revised it to focus on the county as the levying authority. • Page 27, Section 6.3(c)(1) - Language is generally acceptable, but questioned the difference between "proposed" budget in this section and "operating" budget in section 6.3(c)(2). • Page 27, Section 6.3(c)(2) - o As noted above, what is the difference between "proposed" budget in section 6.3(c)(1) and "operating" budget in section 6.3(c)(2). The following is a summary of the comments the City of Anoka mentioned at the October WMO Board meeting pertaining to the WMO JPA update. Some of these comments were mentioned by Dave this morning at the meeting. • General note - Include Andover/Anoka City Attorney draft appeal language provision in JPA. See attached word document shared at the board meeting. The appeal language was already in the JPA, but was limited to challenging CIP funding. 1 added the genera! appeal provision and have both types of appeals handled by an arbitration board. I was hesitant to add a general appeal provision like this because it potentially undermines the commission's authority and is arguably an unlawful redelegation of authority (an appeal means the final decision on the matter is made by this appeals board instead of the JPA's board). While governmental decisions can be appealed to district court as a matter of law and due process, creating a separate process that potentially overrides the board's decision outside a statutory or court process raises some issues. That said, I put the language in. • Page 7, Section III, Subsection 3.2 (a) - confusing, is this for member fees to the WMO and/or fee's associated with permits the member has? Some times with invoicing for a member has a negative balance reflected monthly treasurer's report so then the commissioner cannot vote at the month WMO meeting? • Page 12, Section IV, Subsection 4.1 (a) (9) - remove the word "dam" or exclude the "Anoka Dam" from this subdivision since the Anoka Rum River Dam pursuant to WMO Resolution 2016-03 states "As sole owner (City of Anoka) of the Dam, the city is responsible for the ongoing operations, maintenance, and replacement of the Dam as may be needed." See attached pdf document for the adopted WMO Resolution. • Page 20, Section V, Subsection 5.5 (b) - is this allowed for member cities to really acquire land in another member city? A city's condemnation authority is not limited to its jurisdictional boundaries, though it would need to be a pretty extraordinary situation for a city to exercise its power of eminent domain in this way.