Agenda - Council - 11/26/2024 - Laserfiche WebLink

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DRAFT 11-7-24 Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. SECTION VIII MISCELLANEOUS PROVISIONS 8.1 General Appeal. Any Member aggrieved by a determination of the Board shall have 30 days after the Board's determination within which to file a written appeal to the Board. The Board shall refer a timely appeal to a board of arbitration for a decision as provided below. Failure of a Member to file an appeal within the 30-day appeal period shall be deemed to have consented to the Board's determination. 8.2 Board of Arbitration. Any matter appealed by a Member pursuant to this Agreement shall be decided by a board of arbitration. The board of arbitration shall consist of three persons; one to be appointed by the Board, one to be appointed by the appealing Member, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Anoka County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the board of arbitration. The third person selected shall not be a resident of any City and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing Member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minn. Stat., chap. 572B. Arbitration shall be non- binding unless the Commission and the appealing Member agree to binding arbitration. If the parties agree to binding arbitration the decision of the board of arbitration shall be final and the parties to the arbitration will be deemed to have consented to and agreed with the decision. If these parties do not agree to binding arbitration, any party that does not agree with and consent to the decision of the board of arbitration must notify the Board in writing within 30 days of receipt of the decision of the board of arbitration that it does not consent to or agree with the decision. Failure to so notify the Board shall be deemed consent to and agreement with the decision of the board of arbitration. Unless the parties agree with the decision of the board of arbitration, capital improvements can only be funded in accordance with Minn. Stat. § 103B.251, or secured from other sources. 8.3 Term. This Agreement shall be effective as of January 1, 2025 and shall remain in effect until January 1, 2035, unless terminated earlier as provided herein. The Members may agree to continue this Agreement as the preferred method for addressing their obligation to address surface water issues under law. 8.4 Mediation. Except for appeals submitted to a board of arbitration as discussed above, the Members agree that any controversy that cannot be resolved between Members shall be submitted to mediation. Mediation shall be conducted by a mutually agreeable process by all Members. If the Members are not able to mutually agree on a mediator, the party and the Board shall each select a mediator and the two mediators shall select a third. 21