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Agenda - Council - 11/26/2024
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Agenda - Council - 11/26/2024
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3/13/2025 10:39:07 AM
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11/26/2024 2:12:43 PM
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Meetings
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Agenda
Meeting Type
Council
Document Date
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 <br /> requirement rather than just a general reference to as required bylaw. <br /> • Page 23, Section 5.6(d)-WMO's do not have taxing authority. Delete or revise this section <br /> accordingly. <br /> This language is directly from the statute,but I revised it to focus on the county as the levying <br /> authority. <br /> • Page 27, Section 6.3(c)(1)-Language is generally acceptable, but questioned the difference <br /> between "proposed"budget in this section and"operating"budget in section 6.3(c)(2). <br /> • Page 27, Section 6.3(c)(2)- <br /> o As noted above,what is the difference between"proposed"budget in section 6.3(c)(1) and <br /> "operating" budget in section 6.3(c)(2). <br /> The following is a summary of the comments the City of Anoka mentioned at the October WMO <br /> Board meeting pertaining to the WMO JPA update. Some of these comments were mentioned by Dave this <br /> morning at the meeting. <br /> • General note-Include Andover/Anoka City Attorney draft appeal language provision in JPA.See attached <br /> word document shared at the board meeting. <br /> The appeal language was already in the JPA, but was limited to challenging CIP funding. I added the <br /> general appeal provision and have both types of appeals handled by an arbitration board. I was <br /> hesitant to add a general appeal provision like this because it potentially undermines the commission's <br /> authority and is arguably an unlawful redelegation of authority(an appeal means the final decision on <br /> the matter is made by this appeals board instead of the JPA's board). While governmental decisions <br /> can be appealed to district court as a matter of law and due process, creating separate process that <br /> potentially overrides the board's decision outside a statutory or court process raises some issues. That <br /> said, I put the language in. <br /> • Page 7, Section III, Subsection 3.2 (a)-confusing, is this for member fees to the WMO and/or fee's <br /> associated with permits the member has?Some times with invoicing for a member has a negative <br /> balance reflected monthly treasurer's report so then the commissioner cannot vote at the month WMO <br /> meeting? <br /> • Page 12, Section IV, Subsection 4.1 (a) (9)-remove the word"dam"or exclude the"Anoka Dam"from this <br /> subdivision since the Anoka Rum River Dam pursuant to WMO Resolution 2016-03 states"As sole owner <br /> (City of Anoka) of the Dam,the city is responsible for the ongoing operations, maintenance, and <br /> replacement of the Dam as may be needed."See attached pdf document for the adopted WMO <br /> Resolution. <br /> • Page 20, Section V, Subsection 5.5 (b)-is this allowed for member cities to really acquire land in another <br /> member city? <br /> A city's condemnation authority is not limited to its jurisdictional boundaries, though it would need <br /> to be a pretty extraordinary situation for a city to exercise its power of eminent domain in this way. <br />
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