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97-38` ry �' ' Council File # ��'� � Green Sheet # 32157 RESOLUTION CITY OF SAINT PAUL MINNESOTA f _ _.. ,� ,;,, � �' , � �`�. /'� � �, _ � � � � �- ��a-. �. Presented By Referred To i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Committee: Date WfiEREAS, the members of the Middle Mississippi River Watershed Management Organization including Falcon Heights, Lauderdale, Minneapolis, Saint Anihony, Saint Paul, the Minneapolis Park and Recreation Board and the University of Minnesota have authority, pursuant to Minnesota Statutes 471.59, to jointfy and cooperatively, by agreement, exercise any powers common to the contracting parties pursuant to Minnesota Statutes, Sections 103B.201 to 103B.255; and WHEREAS, the City of Saint Paul is committed to the stewardship of our surface and groundwater resources; and WHEREAS, the City of Saint Paul believes that the wise management of our water resources requires that water be viewed from a watershed perspective; and WHEREAS, the City of Saint Pau! recognized the need to cooperate with neighboring jurisdictions to effectively manage our water resources, Now, therefore, be it RESOLVED, that the City of Saint Paul approves the joint powers agreement to establish the Middle Mississippi River Watershed Management Organization; and Be it FURTHER RESOLVED, that the Mayor, Director of Finance and Management Services and Assistant City Attorney are authorized to sign said agreement on behalf of the City of Saint Paul. Adopted by Council: Date `�� Adoption Certified by Council Secretary By: App� By: Requested by Department of: Publi� wor� By. - Form Approved by City Attorney B : ��^ + �'�'` � Approved by Mayor for Submission to Council BY:�� --� % f,,,. ..._ _ _ . __ . . . '�,. OE ARTMENT/OFFICE/COUNQL TE INIT7A7ED \� � Q ' PublicWorks 12/9196 GREEN SHEET No.32157 COMACf PERSON 6 PHdVE INI INITIAIJDATE— DEPARTMENTOIflE �6 CITYCWNCIL RichatdHedman 26Ci6f48 � �� DarvnrroaNev � cmc�wc MUST BE ON COUNCILAGENDA BY (DA7k7 flO1/i1NO � BUDGEf DIRECTOfl O FlN 8 MGT. SERVICE DIR Januazy 1U,1996 �� OMAYOfl(ORASSISTANf) � TOTAL 1� OF SICNANRE PAC�S (CLIP pLL tDCAt10NS FOR SIGNANRg �i nssocw �z �aran.+Errraccou 4 � AC710NREWESTED Appmve and sign We Joint Powers Ag�eme.at establishmg "The Middle Mississippi River Watershed Management Orgauizafion". '; (See Exl�ibit A) �. su pECOMMENDATONSApprwe U) «Rejxt � p�pHpl SEAVICE CONTHACSS NUST ANSWER 7HE FOLIOWING QLLIESTIONS: 1 t PLANNING COMMISSION _ �� AhCE COMMSSION � — 1. HasiNspersoMkneverwwkeaunCeracom`acttormisdeparttne�6? � CIB COMMITTEE _ YES NO . A STAfF 2. HaslfYspersonAkmeverbeenaciry¢mployeel ' — — YES NO . , qsSRic7 coix�cll � 3. Dces UYS persoMirm possess a sldB mt rromWy possessetl by arry currefd cdy empbyee? SUPPORTSWFi1CHCWNCILO&tECTNE7 yE5 Np E�Iain al{ yea amwera on separate aheet and atlach to green aheet �;' _ �;, $„: INITIAIiNG PR08LEM. ISSUE.OPPOR7UNIN (WFq, WIUT. WHEN. WNERE. WFIh: �" ;,' The Ciry is required under the MeVOpolitsn Water Management (Minnesota Statutes 103B201 to 103B 255 ) to cooperate with "`� neighboring jurisdictions to manage our common water resources. The proposed Toin ��eement will replace the existing _�. Agreement as approved under Council File 85-853. The proposed agreement liauts the Ciry expenses to an annual operating budget not to " exceed $300. This amount is iwdgeted under Activity GL260-22202. JA(V ��7 �9.4Yt}�'S QP�10E ADVANTAGESIPAPPROVE�: ' �. The proposed agreement �ovides am�e efficient procedure to perform the stated functions and allows local control of the indicated ? function. In the event t6aY capital improvemenis develop, the City Council retains the right of approval. s � � �( OISAWANTAGESIFAPPROVEO: � �- i � None. �° °�7`'�j� �?� �g� � �� l i.a . �„ �i�sF'e � E ..��o{� 1 Q i�� }�� J �� ' _ _ . C�°�� , ! DISADVANTAGESIFNOTAPPROVFD: ' If the City dces na approve the ptoposed agreemem, the Watershed Management Organization may lose its effecvveness and be replacui by a Wateished Distria wlilch would be controAed by Hennepin and Ramsey Counties. 70TALAMOUNTOFTRANSACTION$ $300perannUm COST/REVENUEBUDGETED(CIRCLEONE) ES No FUNDING SOURCE �[.�6p-72909 AC7IVITY NUMBEA FlNANCIAL INFORMATION: (IXPLAIM � � '' 4 A � �� x _ Joint and Cooperative Agreement for the Middle Mississippi River Watershe�i Management Organization � City of Minneapoiis , City of St. Paul .;. �. Vi(lage of Saint Anthony . ,�, Gity of Lauderdale .;. , City of Falcon Heights , �'' Minneapalis Park and Recreation Board � University of Minnesota .' January 1997 �� d � � ! � Joint and �oaperative Agreement for the � Middfe Mississippi River Watershed Management Organization � January 1997 � q� - 3� � Tabie of Contents Pa�e Membership --------------------------------- ---------------------------------------------------1 Article I--Legal Pmpose---------------------------------- Article II--Definitions-------------------------- -------------------------------------------------3 Article III--Board of Commissioners-----_--------------------------------------------------5 Article N--Powers and Duties of the Board of Commissioners----------------------------'1 Article V--Operating Budget--------------------------------- Article VI--Capital Budget--------------------------- - - - - --------------------------------------12 Article VII--Duration-------------------------- - - ---------- ° ----------------------------------14 � Article VIII--Dissolution------------------------------ ' ArtieleIX--Amendments------------------ - - ---------------------------- __ -------------------15 Article X--Effective Date---------------------------- -------------------------------------------15 = = Member Authorization-------°°------------------- :_: Appendix A----------------------------------------------------Legal Description of the WMO �- - ---------Ma Delineatin Subwatersheds ,_: Appendix B--------------- --------------------------- P S ' Appendix G---------- ------------Map Delineating the Boundazies of the WMO � `�' � � Membership This Agreement entered into as of the date of execution by and among the following: Cities of q�-�� Falcon Heaghts Lauderdale Mumeapolis Saim Anthony Saint Paul � � and the Minneapolis Park and Recreation Board and the Regents of the University of Minnesota for the establishment of a Watershed Management Organization. The aforementioned cities, the Minneapolis Pazk and Recreation Board, and the University of Minnesota shall hereinaf3er be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 103B.251 and WHEREAS, the Members des'ue to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.251; NOW THE1tEFORE, the parties to this Agreement do mutually agree as follows: i � � � 3� Article I Legal Purpose � The purpose of this Joint and Cooperative Agreement for Yhe Middle Mississippi River Watershed Management Organization is to replace the 7oint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985. The purpose of the Middle Mississippi River Watershed Managetnent Organization, as grovided_for in this Agreement, is to provide for the wise, Iong-term management of water and associated land resources within the watershed through impiementation measwes that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Ivrddle Mississippi River Watershed Management Organization seeks to (a} protect, enhance, and res[ore the quality and quantity of surface and ground water resources within the Middle ivfississippi River Watershed ManagemenY-Organization jurisdiction; (b) protect, preserve, and use naturai surface and ground water storage and retention systems; (c) m�nimi�e public capital eapenditures needed to conect aad control = flooding and water quality problems; (d) identify and plan for means to effectively protect and improve� � surface and ground water quality; (e) establish more uniform local policies and official controls for - surface and ground water management; (fl promote ground water recharge; (g) protect and enhance fish �- and wildIife habitat and water recreation facitities; {h) secure the other benefits associated with the proper management of surface and ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management � .a. A legal description and map of the boundaries of the Middle l�ssissippi River Watershed Management Organizarion are included pursuant to Minnesota Ttules 84010.0030, Subpart 1.B in Appendix A and C respectively of this Agreement. _-. :: r- � f- � : � � � q�-3� LJ � � .� Articie It Definitions For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: "Organization" is the Middle Mississippi 12iver Watershed Managemem Organization. Subdivision 2: "Commission" shall mean the goveming body of the Organization and shall consist of a Commissioner or Altemate from each of its Members. Subdivision 3: "Commissioner" shall mean any person appointed to the Commission by each Members governing body, or in the Commissioner's absence, the Alternate. Subdivision 4: "Council" shall mean the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city; for the University of Minnesota, the Board of Regents; and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 5: "Member" shall mean any city, county, or special purpose govemment entity within the watershed that enters into this Agreement. Subdivision 6: "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the magped areas delineated on the map identified as Appendix C which has been or will be submitted to the Board of Water and Sofl Resources. Subdivision 7: "Act" is defined as the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 103B.201 to 103B.251. Subdivision 8: "Operating Budget" refers to the administrative expenses incurred by the Organization. 3 g�-3� Subdivision 9: "Capital Improvement Project" shall mean a physical improvement project other than routme mamtenance. Subdivision 10: "Majority" shall be defined as greater than half of the quorum. Subdivision 11: "Subcvatershed" shall be a management and taxaxion unit smaller than and lying within the Organization. Subwatersheds shall be delineated along the jurisdictional boundaries of the municipaliries of Falcon Iieights, Lauderdale, Minneapolis, Saint Anthony, and Saint Paul. Subdivision 12: "Catchment Area" shall mean a hydrologic drainage area less than the entire watershed under the jurisdiction of the Organization. Subdivision 13: "Quorum" shall mean the number of Commissioners or Altemates required to be present for business to be legally transacted. This number shall be any number wlrich is greater than half of the Members. Any number less than a quorum may adjoum a scheduled meeting. � �- �= E� � �: � � �� 4 � a t - 3g i � � .� Article iil Board Of Commissioners Subdivision 1: The goveming body of the Organization shall be its Commission which shall consist of seven ('n voting Commissioners. Each Commissioner shall have one vote. All appointments to the Commission shall be in accordance with Minnesota Statutes 103B.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. A.11 vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (I S) days prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council who appointed or had the right to appoint the Commissioner. The Council of each Member shall appoint one (1) Commissioner to represent the member to the Commission. Each Commissioner shall serve until his or her successor is appointed. Egective 7anuary 31, 1997, the Commissioners shall be appointed to terms as follows: Member Initial Term City of Minneapolis 3 yeazs City of Saint Paul 3 years V'illage of Saint Anthony 3 years City of Falcon Heights 2 years City of Lauderdale 2 yeazs University of Minnesota I yeaz Minneapolis Park and Recreation Board 1 year After the uutial term, each Commissioner shall serve three year terms. Subdivision 2: A Commissioner may not be removed from the Commission prior to the expiration of his or her term, except for just cause by the Council that made the appointment. An elected or appointed official who is not re-elected or r�appointed may be removed by the appointing Members Council at the Member's discretion. Subdivision 3: Member Councils may select and appoint altemates to the commission in the same manner as Commissioners. In the absence of a Member's Commissioner, the designated Altemate may 5 g vote and act in the Commissioner's place. The Altemate shali serve a term concurrent with the Member's Commissioner. � , S¢bdivision 4: Each Member shall, within thirty (30) days of appointment, file with the Secretazy of the Commission a record of the appointment of its Commissioner and Altemate. The Commission shall notify the Boazd of Water and Soil Resources of Member appointments and vacancies within thirry (30) days after receiving notice from the Member. Subdivision 5: The Council of each Member shall determine the eligibility and qualificauons of its Commissioner and Altemate. However, the terms of each Commissioner shall be as established by this Agreement. Subdivision 6: Regulaz meetings shall be held by the Commission periodicalIy at the time and place detennined by the Commission pursuant to open meeting law, Minnesota State Statutes 471.705. Subdivision 7: At the first meeiing of the Commission and each calendaz year thereafter, the� Commission shall elect from its Members a chairperson, a vice chairpersoq a treasurer, a secretary, and such other officers as it deems necessary to conduct its meetings and affairs. Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regulaz or special meeting of the Commission provided that a ten (10) day prior notice of the proposed aznendment has been fvrnished to each Commissioner and Alternate to whom notice of ineetings is required to be sent. Subdivision 9: T'he Commission may create such committees, task forces or worlang groups as needed to accomplish its mission. Subdivision 10: Commissioners shatl serve without compensation from the Organization, but this shall _ not prevent a Member's Council from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. � � q� -3� � Articie IV Powers and Duties of the Board of Commissioners Subdivision l: The Commission shall employ such persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may aiso incur expenses and expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote, except in the case of a capitai improvement project. Capital improvement projects shall require a two thirds majority vote. Subdivision 3: The Commission shall have an established Citizen Advisary Committee and Technical Advisory Committee to provide input and to serve in an advisory role. � Subdivision 4: The Commission shall review and approve af a Local Water Management Plan for its Members as established under Minnesota Statutes, Chapter 103B. Approval of the plan shall requ'ue no more than a majority vote. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement = projects delineated in the Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 6: The Commission shall develop a comprehensive Watershed Management Plan to meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish comprehensive goals and policies for the protection, enhancement, and smprovement of the watershed, and shail establish specific unplementation strategies to realize these goals and policies. � Subdivision 7: The Comrrrission shall have the power to contract with any govemmental unit, private or nonprofit association to accomplish the purposes for which it is organized. i1 ��-�� Subdivision 8: The Commission has the authority to apply for, accept, and use grants, Ioans, money or other property from the United States, the State of Mivnesota, a unit of government ar any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses/fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 9: The Commission may establish and maintain devices for acquiring and recording hydrological and water quality data within the watershed. Subdivisian 10: The Comtmssion may contract for, or purchase, such insurance as they deem necessary for the protection of the Commission. Subdivision 11: The Commission may defne and designate subwatersheds within the watershed and shall have authority to allocate costs to those subwatersheds that directly benefit &om the capital improvement projects. Subdivision 12: The Commission shaii have the authority to invite governmental entities within ihe area of the watershed to jain the Organizatioa Furthermore, any governmental entities within the azea of the watershed may petition for membership in the Organizarion. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of fiiing by Yhe last Council resolution approving the addition. As Members aze added to the Organizatioq there shall be created one voting Commissioner. Furthermore, as each new Member is added, the cost shares of the operatiag budget {Article V, Subdivision 4) will be reassessed. Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to cazry on its activities either with an individual Member or elsewhere. ��_ ;__ Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that � a q�-3� the watershed is being poliuted, the Commission may take appropriate action to alieviate the pollution � including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and invesrigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with pernussion of the property owner, or when a search warrant for access to the property is nat requ'ued. The Commission shall be liable for actual damages resulting therefrom, subject to the_limitations of Minnesota Statues Section 466.01, et. seq. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Chapter 466.05. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. � Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or techmcal consultant services before retainin$ the services of a consultarit or e�ctending annual service agreements. � Subdivision 18: The Commission may designate one or more national or state bank or trust companies authotized by Chapters 118 or 427 of Minnesota Statutes ta receive deposits of public moneys to act as depositories for the Organization's funds. No funds may be disbursed without the signature of at least two Commissioners, one of whom shall be the Treasurer. The Treasurer shaii be required to file with the Secretary of the Commission a bond in the sum of at least $10,004 or such higher amount as shall be deternuned by the Commission. The Commission shall pay the premium on said bond. Subdivision 14: The Commission may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. � 0 R7-� Article V Operating Budget Subdivision 1: The Comxnission shall adopt an operating budget for the ensuing year on or before September 1 of each year. The budget shall then be certified by the Secretary of the Commzssion on or before October 1 to the clerk of each Members Council together with a statement of the proportion of the budget to be pmvided by each Member. The Counci! of each Member agrees to review the budget. The Commission shall upon norice from any Member received prior to November i, hear objections to the budget. Such norice shall be written to the Commission's Secretary and delivered by certified mail ta their principal business address. The Commission, upon notice delivered by US Mail to atl Members and after a hearing, may modify or amend the budget. If no objections are submitted to the Commission, each Member agrees to provide the funds required by the budget on or before February 1. Modifications or amendments to the original budget require a majority vote. The operating budget shall not exceed $20,000 annually. Subdivision 2: The Commission has the duty io make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a finaneiat audit report or section that includes a balanee sheet; a classifieation of revenues and eapenditures; an analysis of changes in final balances; and any additionai statements considered aecessary for full financial disclosure; and the status of all commission projects and work within the watershed; copies of said report shall be transmitted to the clerk of each Member's Council. Subdivision 3: Member contributions to the operating budget will be determined on a percentage basis of fhe geographic area of each Member's subwatershed, excluding properties owned by the University of Minnesota and the Minneapolis Park and Recreation Boazd. In the cases of the University of Minnesota and the Minneapolis Park and Recreation Boazd, their shares shall be detemvned by that portion of property owned by them. TEus assessment shall be aliocated as foilows: � � �-: t;= �:; �� — t � 10 ��"J� Member Share � Minneapolis 43.6% Saint Anthony 3.5°/a Saint Paul 1.5°/a N3inneapolis Park and Recreation Board 0.7°l0 Lauderdale 0.4% Falcon Heights 0.2°/a University of Minnesota 0.1% Subdivision 4: Pro}ects or other necessary expenditures which cannot be accomplished through the capital budget and would exceed the cost of the operating budget of Article V, Subdivision 2, shall be addressed by mutual agreement of the affected Members outside of this Agreement. � � � ii �� 3�d Article VI Gapitai Budget Subdivision 1: The Members recognize that on-going capital expenditures will be required to soive some of the water resowce problems within the watershed. For the purposes of this Agreement, capital improvement projects are those detennined necessary to implement the Orgazuzation's Capital Improvement Program. Subdivision 2: Capital projects will be financed on a subwatershed basis. Subwatersheds are drawn on the basis of jurisdictional boundaries contained within the watershed. There are five subwatersheds: Minneapolis Saint Paul Saint Anthony Lauderdale Falcon Heights (Subwatersheds are indicated on the map in Apgendix B) Capital improvement projects may be undertaken solely within one subwatershed, within two or more subwatersheds or in all the subwatersheds of the watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against properties within those subwatersheds which directly benefit from such project in the same manner as a watershed district may levy taxes under Minnesota Statutes Chapters 103B and 103D aad Section 471.59. Each Member's Council's subwatershed, that is part of a capital improvement project, shall have discretion to implement its own means of funding its share of the capital improvement project costs, in lieu of ad valorem taaces. Cost assessments for capital improvement projects shall be addressed by mutual agreement of the Member Councils whose subwatersheds are involved. This assessment shall take into consideration such factors as the level of benefit, geographic area, and other pertinent factors. 12 � i � �� "_ �_: f� �- g, �- �,� �> �,; c-, h � � £ � � • • � � � ,.: Subdivision 4: Approval of capital improveraent projects shall require a two-thirds vote of the Commission, approval by the Council of each Member affected by the project, and other such bodies as required by law. Capital improvement projects shall be financed in accord with Minnesota Statutes 103B and 103D. Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes 103B205 Subdivision 3, beginning with the fiscai year in which the Watershed Management Plan is adopted. The Capital Improvement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management Plan is amended to include such projects. Subdivision 6: Beginning with the year following adoption of the Capital Improvement Program, the Commission shall adopt a capital improvement budget for the ensuing year on or before September 1 of each year. The budget shall then be certified by the Secretary of the Commission on or before October 1 to the clerk of each Member's Council together with a statement of the proportion of the budget to be provided by each Member. The Council of each Member agrees to review the hudget. The Commission shall upon notice from any Member received prior to November i, hear objections to the budget. Such notice shall be written to the Commission's Secretary and delivered by certified mail to their principal business address. The Commission, upon notice delivered by US Mail to all Members and after a. hearing, may modify or amend the budget. Following certification ofthe capital budget by the Secretary of the Commission, each Member having a financial obligation therefore, shall provide to the Organization the funds required by the budget on or before February 1. Modifications or amendments to the original budget require a majorit}> vote� 13 �Z�3ss _. Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2010, and it may be continued thereafter upon the agreement of all Members. Article VIII Dissoiution Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Comnnission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolurion, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Resources. Each govemmental unit shatl have 90 days in which to consider dissolution of the Organization. I� within 90 days of the date the norice was given, a majority of Members' CounciIs has ratified said resolution; then the Organization shall be dissolved and this Agreement shall ba terminated. Upon dissolution, the Organization shall complete all work in progress and dispose of all personal property. All property of the Organization shall be sold and the proceeds thereof, iogether with moneys on hand, sha(1 be distributed to the eligible Membars of the Commission as fallows: assets derived from contributions to the Operating Budget shall be apportioned and distributed to each Member in the percentage by which the Member contributed to the Organization under the last annual budget; assets derived from the Capital Improvement Budget shall be apportioned and distributed on an asset by asset basis to each Member in the percentage by which the Member contributed to the specific asset. ]4 lJ � f. i �r� F-=~ r. c f _ �S+ c:= �3 «: c= �.: f=? � C� �=; tr: q�-�Y � � � Articfe IX Amendments Any Member may recommend to the Corrunission amendments to this P,greement. Upon a majority vote, amendments to this Agreement shall be forwarded by the Commission to its Members' Councils. No amendment shall be effective until the amendment has been ratified by the Council of each Member. The effective date of any amendment sha11 be the date on which the last Member's Council ratifies the amendment and is filed with the Secretary of the Commission. Article X Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resolution of the ratification with the Clerk of the City of Minneapolis. The effecrive date of the Agreement shall be the later of: 7anuary 1, 1997; or the date on which the last Member to ratify files its resolution of ratificarion. Upon adoption of this Agreement, the Minneapolis City Clerk shall supply to each Member and the Boazd of Water and Soil Resources a copy of the Members' ratification resolutions and a copy of the signed Ageemem. IN WITNESS WI�REOF, the undersigned Members, bp action of their Councils, have caused this ageement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.54. � City of Falcon Neights By: � Sue Gehiz, Mayor Susan Hoyt, City Administrator Dated: , 19 Dated: 19 15 City of Lauderdale By: 7effDains, Mayor Tim Cnuksl�ank, City AdnunistraYOr Gity of Minneapolis By: SLazon Sayles Belton, Mayor Ciry Clerk Countersigned: Finance Officer Approved as to Form By: Assistaut Ciry Attomey City of Sainf Rnfhony By: Clazence Ranallo, Mayor Micheal Mornson, City ManaSer 16 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 °t7-��' � �; s F- i ' ; C-i � � � � :'-� ;_= ; .z �� :�. :' _ �� a�-�� City of Saint Paul By: �� (�%�-� vatect: 1- /o , 19 � 1 Noim Coleman, Mayor Attest: Dated: , 19 Maritia Lazson, Duector of Finance and Management Service Approved as orm B .,��✓Uayvya-., Dated: f— L , 19 c '1 � _ Assistant City Attomey Regents of the University of Minnesata IC�� Nits Haselmo, President of the University � � Secretary of the Boazd of Regents Minneapolis Park and Recreafion Board Patrcicia Baker, President MPRB David Fisher, Secretary MPRB Approved as to Porm, Legality, aud Execution MPRB Attorney Dated: , 14 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 17 R� -3B Appendix A Legal Description of WMO � f ` �� SWIy on a curve line, concaved to the NW, to the intersection of the Siy eactension of Holmes Av S and � Wly e�ctension of W 39th St; th S along the Sly extension of Holmes Av S to the Wly e�rtension of W 4Qih St; th SEIy along a curve line, concaved to the SW, to the intersection of Kings I-Iighway and W 42nd St; th E along W 42nd St to Bryant Av S; th N along Bryant Av S to W 41st St; th E along W 41st St to Lyndale Av S; th 5 along Lyndale Av 5 to W 42nd St; th E along W 42nd St to Garfield Av S; th S along Garfield Av S to W 46th St; fh W along W 46th St to Aldrich Av S; th S along Aldrich Av S to W 47th St; th W along W 47th St to Bryant Av S; th S along Bryant Av S to W 49th St; th E along W 49th St to Harriet Av S; th S along Harriet Av S to W SOth St; th E along W and E SOth St to 2nd Av S: th N along 2nd Av S to E 42nd St; th E along E 42nd St to Chicago Av; th N along Chicago Av to E 41st St; th W along E 41st to the alley between Oakland and Park Avs; th N along said alley to E 40th St; th E along E 40th St to Chicago Av; th N along Chicago Av to E 38th St; th W along E 38th St to Oakland Av; th S along Oakland Av to E 39th St; th W along E 39th St to Portland Av; th N along Portland f1v to E 37th St; th E along E 37th St to Oakland Av; th N along Oakland Av to E 36th 5t; th E along E 36th St to Columbus Av; th N along Columbus Av to E 35th St; th W along E 35th St to Portland Av; th N along Portland Av to E 34th St; th W along E 34th 5t to 4th Av S; th N along 4th Av S to E 33rd St; th E along E 33rd St to the alley between 4th and Sth Avs S; th N along said alley to E 32nd St; th E along E 32nd St to Portland Av; th N along Portland Av to E 31st St; th E along E 31st St to i lth Av S; th N along I ith Av S to E 29th St; th E along E 29th St to 13th Av S; th S along 13th Av S to E Lake St; th E along E Lake St to 15th Av S; th S along I Sth Av S to E 32nd St; th E along E 32nd St to 18th Av S; th N along ; 18th Av S to E Lake St; th E along E Lake St to 21st Av S; th S along 21st Av S ta E 32nd St. th W along E 32nd St to 19th Av S; th S along 19th Av S to E 34th St; th E along E 34th St to 20th Av S; th S along --- 20th Av S to E 35th Si; th E along E 35th St to 23rd Av N; th S along 23rd Av S to E 36th St; th W along E 36th St to 22nd Av S; th S along 22nd Av S to E 37th St; th E atong E 37th St to 23rd Av S: th S along 23rd Av S to E 38th St; th E along E 38th St to Hiawatha Av; th 3Ely along Hiawatha Av to E 4fith St; th E along E 4bth St to Snelling Av; th NWIy along Snelling Av to E 45th St; th E along E 45th St to 42nd Av S; th N along 42nd Av S to E 44th St; th E along E 44th St to 45th Av S; th S along 45th Av S to E 46th St; th E along E 46th St to 46th Av S; th SEIy along the Ford Bridge to the center of the Mississippi River; th Nly along the City Limits to the pt of beginning and there terminating. � �� All the land lying within the following described boundaries: Commencing at the intersection of E Hennepin Av and the E City Limi#s of the City of Minneapolis; th N on said E City limits and its ]Vly ea�tension to 33rd Dr Av and Forest Lake Cutoff; th SWIy along Forest Lake Cutoff to 31st Av NE; th W[y along 31st Av NE to Rankin Dr; th N along Rankin Dr to 33rd Av NE; th W along 33rd Av NE to Silver Lake Rd; th N along Silver Lake Rd to 36th Av NE; th W along 36th Av NE to Edward St NE; th N along Edwazd St NE to 37th Av NE; th W along 37th Av NE and its Wly extension to the center of the 1Vfississippi River; th Nly along the center of the Mississippi River to the Ely eactension of 53rd Av N; th Wly along 53rd Av I3 to 7ames Av N; th S along 3ames Av N to 52 Av N; th E along 52 Av N to the alley between Humboldt Av N and Irving Av N; th S along said alley to 51st Av S; th E along 51st Av N to Humboldt Av N; th S on Tiumboldt Av N to SOth Av N; th E along SOth Av N to Fremont Av N; th S along Fremont Av N to 49th Av N; th E along 49th Av N to Emerson Av N; th S along Emerson Av N to 47th Av N; th E along 47ih Av N to alley between Co1faY e and Bryan Avs N; th S along said alley to 46th Av N; th E along 46th Av N to Camden Av N; th 5 along Camden Av N to 45th Av N; th E along 45th Av N to the center line of the Mississippi River; th Sly along the center line of the Mississippi River to the Ely extension of 41 st Av N; th W along 41 st Av N and its Ely e�ension to Bryant Av N; th N along Bryant Av N to 42nd Av N; th W along 42 Av N to Emerson Av N; th S along Emerson Av N to 41 st Av N; th E along 41 st Av N to Auporn Av N; th S along Dupont Av N to 39th Av N; th W along 39th Av I3 to Emerson Av N; th S along Emerson Av N to 38th Av N; th W along 38th Av N to Knox Av N; th S along Knox Av N to the center line between 36th and 37th Avs N; th E along said center line to Humboldt Av N; th S along Humboldt Av N to 35th Av N; th W along 35th Av N to James Av N; th N along 3ames Av N to 36th Av N; th W along 3bth Av N to Logan Av N; th S along Logan Av N to 35th Av N; th W along 35th Av N to Morgan Av N; th S along Morgan Av N to 33rd Av N; th E along 33rd Av N to the alley between James and Knox Avs N; th S along said alley to Lowry Av N; th E along Lowry Av N to James Av N; th S along 7ames Av N to 3�th Av N; th E along 30th Av N to Fremont Av N; th S along Fremont .Av N to 29th Av N; th W along 29th Av N to the alley between Fremont and Crirard Avs N; th S along said alley to 27th Av N; th W along 27th Av N to the alley between Humboldt and Irving Avs N; th S along said aIley to 26th Av N; th W along 26th Av N to Irving Av N; th S along Irving Av N to 25th Av N; th E along 25th Av N to Girazd Av N; th S along Crirard Av N to 23rd ��-�� : Av N; th W along 23rd Av N to Irving Av N; th NWIy along Iiving Av N to Ilion Av N; th SWIy along ` Ilion Av to Hillside Av; th NWiy along Hillside Av to the alley between 7ames and Logan Avs N; th SWIy � along said alley to the EW alley lying between Lots 72 and 73, Blk 19, Forest Heights Addn to Minneapolis; th Ely along last described alIey to W Broadway and Oliver Av N; th Sly along Oliver Av N to 21st Av N; th W along.2I Av N to Penn Av N; th S along Penn Av N ta center line between 16th and 17th Avs N th aze lying W of Penn Av N; th W atong said center line to Queen Av N; th S along Queen Av N to 14th Av N; th E along 14th Av N to Crirard Av N; th S along Girazd Av N to 12th Av N; Yh E along 12th Av N to Fremont Av N; th N along Fremont Av N to Piymouth Av N; th E along Plymouth Av N to Bryant Av N; th S along Bryant Av N to 12th Av N; th W along 12th Av N to the center line between Aidrich and Bryant Avs N; th S along the said center line to 7th St N; th SEIy along 7th 5t N to W Lyndale Av N; th Sly along W Lyndale Av N to 4th Av N; th E along 4th Av N to Border Av; th N along Border Av to 7th St N; th NWIy along 7th St N to E Lyndale Av N; th NEIy along E Lyndale Av N to State Highway #94, th NEIy along StaYe Highway #94 to Plymouth Av N; th E along Plymauth Av N to the W bank of the Mississippi River; th SEIy along the W bank of the IvTississippi River to 3rd Av N; th SWIy along 3rd Av N to 3rd St N; th NWIy along 3rd St N to 4th Av N; th SWIy along 4th Av N to 4th St N; th SEly along 4th St N to 3rd Av N; th SWIy along 3rd Av N to Holden St; th W along Holden St to l ith St N; th SWiy parallel with C N W RR r!w to Currie Av N; th E aiong Currie Av approx 165'; th S parailel with 12th St N to Chesmut Av; th W atong Chestnut Av to W Lyndale Av N; th SWIy along the M& St L RR r/w to Linden Av W; th SWIy alang Linden Av W to Wayzata Blvd; th S and SEIy along Wayzata Blvd to the Parade Stadium; th SWIy across The Pazade Stadium to the irnersection of Kenwood Pkwy and Emerson Av S; th SEIy along Emerson Av S to Groveland Ter; th Siy along Groveland Ter to Mount Curve Av; th Ely along Mount Curve Av to Colfax Av S; th S alo�g Colfaac Av S to Franklin Av E; th E along Frankiin Av E to Bryant Av S; th S atong Bryant Av S to W 26th St; th E along W 26th St to Garfield Av S; th N along Garfield Av S to W 25th St; th E along W 25th St to the alley between Blaisdell Av S and Pillsbury Av S; th S along said alley to W 26th St; th W along W 26ffi St to Pieasant Av; tin S along Pleasant Av to W 35ih St; th W along W 35th St to Coifax Av S; th N along Colfaac Av S to W 33rd St; th W along W 33rd St to Fremont Av S; th S along Fremont Av S to W 34th St; th W along W 34th St to Hennepin Av; th S along Aennepin Av.to W 35th St; th W along W 35th St to Irving Av S; th S along Irving Av S to the alley between Irving Av 3 and James Av S and W 35th St and W 36ih St; th W along said alley to James Av S; th S along James Av S and its Sly extension to a pt in Lakewood Cemetery that is distarit approx 100'S of W 36th St; th E parallei with W 36th St to the Siy ea{tension of Emerson Av S; th � � _: �_. �= � � � � � � � �� Appendix B � Map Delineating Subwatersheds � ! �T �:ii wv:�y: a:..�i. i.� � � .. r� «• ra .,�:rn rr �a ♦r i ix� L� WATERSHED MANAGEMENT 4RGA1vIZATIONS oao�� ,a. ises ��"�� uF��F� n�is'aissiavt w.r,�.e. =��c:�vi ce�u�nea4 r:ezcrrs; R.C� :��tK 1�.�.N.C. c o Si. ANTHONY �, ��i �°1 �1 1 � � � �� we�.�a+n �rucn�n'Iaec,�+rrux� y l, � 'ie' LL= ;FALCOt� ST. PAU� '£ �P � S.W. RAMSEY R'.M.C. E � fl �., �r � A�'U'IR.HAHA CR�IC �' i r::.. wx�rna� autu�vr aenncr� ��'� l `� � ( �..�_� ( ��iT. FAUI i �. . � ♦ � Appendix C :� Map Delineating the Boundaries of the WMO ;� ` ry �' ' Council File # ��'� � Green Sheet # 32157 RESOLUTION CITY OF SAINT PAUL MINNESOTA f _ _.. ,� ,;,, � �' , � �`�. /'� � �, _ � � � � �- ��a-. �. Presented By Referred To i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Committee: Date WfiEREAS, the members of the Middle Mississippi River Watershed Management Organization including Falcon Heights, Lauderdale, Minneapolis, Saint Anihony, Saint Paul, the Minneapolis Park and Recreation Board and the University of Minnesota have authority, pursuant to Minnesota Statutes 471.59, to jointfy and cooperatively, by agreement, exercise any powers common to the contracting parties pursuant to Minnesota Statutes, Sections 103B.201 to 103B.255; and WHEREAS, the City of Saint Paul is committed to the stewardship of our surface and groundwater resources; and WHEREAS, the City of Saint Paul believes that the wise management of our water resources requires that water be viewed from a watershed perspective; and WHEREAS, the City of Saint Pau! recognized the need to cooperate with neighboring jurisdictions to effectively manage our water resources, Now, therefore, be it RESOLVED, that the City of Saint Paul approves the joint powers agreement to establish the Middle Mississippi River Watershed Management Organization; and Be it FURTHER RESOLVED, that the Mayor, Director of Finance and Management Services and Assistant City Attorney are authorized to sign said agreement on behalf of the City of Saint Paul. Adopted by Council: Date `�� Adoption Certified by Council Secretary By: App� By: Requested by Department of: Publi� wor� By. - Form Approved by City Attorney B : ��^ + �'�'` � Approved by Mayor for Submission to Council BY:�� --� % f,,,. ..._ _ _ . __ . . . '�,. OE ARTMENT/OFFICE/COUNQL TE INIT7A7ED \� � Q ' PublicWorks 12/9196 GREEN SHEET No.32157 COMACf PERSON 6 PHdVE INI INITIAIJDATE— DEPARTMENTOIflE �6 CITYCWNCIL RichatdHedman 26Ci6f48 � �� DarvnrroaNev � cmc�wc MUST BE ON COUNCILAGENDA BY (DA7k7 flO1/i1NO � BUDGEf DIRECTOfl O FlN 8 MGT. SERVICE DIR Januazy 1U,1996 �� OMAYOfl(ORASSISTANf) � TOTAL 1� OF SICNANRE PAC�S (CLIP pLL tDCAt10NS FOR SIGNANRg �i nssocw �z �aran.+Errraccou 4 � AC710NREWESTED Appmve and sign We Joint Powers Ag�eme.at establishmg "The Middle Mississippi River Watershed Management Orgauizafion". '; (See Exl�ibit A) �. su pECOMMENDATONSApprwe U) «Rejxt � p�pHpl SEAVICE CONTHACSS NUST ANSWER 7HE FOLIOWING QLLIESTIONS: 1 t PLANNING COMMISSION _ �� AhCE COMMSSION � — 1. HasiNspersoMkneverwwkeaunCeracom`acttormisdeparttne�6? � CIB COMMITTEE _ YES NO . A STAfF 2. HaslfYspersonAkmeverbeenaciry¢mployeel ' — — YES NO . , qsSRic7 coix�cll � 3. Dces UYS persoMirm possess a sldB mt rromWy possessetl by arry currefd cdy empbyee? SUPPORTSWFi1CHCWNCILO&tECTNE7 yE5 Np E�Iain al{ yea amwera on separate aheet and atlach to green aheet �;' _ �;, $„: INITIAIiNG PR08LEM. ISSUE.OPPOR7UNIN (WFq, WIUT. WHEN. WNERE. WFIh: �" ;,' The Ciry is required under the MeVOpolitsn Water Management (Minnesota Statutes 103B201 to 103B 255 ) to cooperate with "`� neighboring jurisdictions to manage our common water resources. The proposed Toin ��eement will replace the existing _�. Agreement as approved under Council File 85-853. The proposed agreement liauts the Ciry expenses to an annual operating budget not to " exceed $300. This amount is iwdgeted under Activity GL260-22202. JA(V ��7 �9.4Yt}�'S QP�10E ADVANTAGESIPAPPROVE�: ' �. The proposed agreement �ovides am�e efficient procedure to perform the stated functions and allows local control of the indicated ? function. In the event t6aY capital improvemenis develop, the City Council retains the right of approval. s � � �( OISAWANTAGESIFAPPROVEO: � �- i � None. �° °�7`'�j� �?� �g� � �� l i.a . �„ �i�sF'e � E ..��o{� 1 Q i�� }�� J �� ' _ _ . C�°�� , ! DISADVANTAGESIFNOTAPPROVFD: ' If the City dces na approve the ptoposed agreemem, the Watershed Management Organization may lose its effecvveness and be replacui by a Wateished Distria wlilch would be controAed by Hennepin and Ramsey Counties. 70TALAMOUNTOFTRANSACTION$ $300perannUm COST/REVENUEBUDGETED(CIRCLEONE) ES No FUNDING SOURCE �[.�6p-72909 AC7IVITY NUMBEA FlNANCIAL INFORMATION: (IXPLAIM � � '' 4 A � �� x _ Joint and Cooperative Agreement for the Middle Mississippi River Watershe�i Management Organization � City of Minneapoiis , City of St. Paul .;. �. Vi(lage of Saint Anthony . ,�, Gity of Lauderdale .;. , City of Falcon Heights , �'' Minneapalis Park and Recreation Board � University of Minnesota .' January 1997 �� d � � ! � Joint and �oaperative Agreement for the � Middfe Mississippi River Watershed Management Organization � January 1997 � q� - 3� � Tabie of Contents Pa�e Membership --------------------------------- ---------------------------------------------------1 Article I--Legal Pmpose---------------------------------- Article II--Definitions-------------------------- -------------------------------------------------3 Article III--Board of Commissioners-----_--------------------------------------------------5 Article N--Powers and Duties of the Board of Commissioners----------------------------'1 Article V--Operating Budget--------------------------------- Article VI--Capital Budget--------------------------- - - - - --------------------------------------12 Article VII--Duration-------------------------- - - ---------- ° ----------------------------------14 � Article VIII--Dissolution------------------------------ ' ArtieleIX--Amendments------------------ - - ---------------------------- __ -------------------15 Article X--Effective Date---------------------------- -------------------------------------------15 = = Member Authorization-------°°------------------- :_: Appendix A----------------------------------------------------Legal Description of the WMO �- - ---------Ma Delineatin Subwatersheds ,_: Appendix B--------------- --------------------------- P S ' Appendix G---------- ------------Map Delineating the Boundazies of the WMO � `�' � � Membership This Agreement entered into as of the date of execution by and among the following: Cities of q�-�� Falcon Heaghts Lauderdale Mumeapolis Saim Anthony Saint Paul � � and the Minneapolis Park and Recreation Board and the Regents of the University of Minnesota for the establishment of a Watershed Management Organization. The aforementioned cities, the Minneapolis Pazk and Recreation Board, and the University of Minnesota shall hereinaf3er be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 103B.251 and WHEREAS, the Members des'ue to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.251; NOW THE1tEFORE, the parties to this Agreement do mutually agree as follows: i � � � 3� Article I Legal Purpose � The purpose of this Joint and Cooperative Agreement for Yhe Middle Mississippi River Watershed Management Organization is to replace the 7oint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985. The purpose of the Middle Mississippi River Watershed Managetnent Organization, as grovided_for in this Agreement, is to provide for the wise, Iong-term management of water and associated land resources within the watershed through impiementation measwes that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Ivrddle Mississippi River Watershed Management Organization seeks to (a} protect, enhance, and res[ore the quality and quantity of surface and ground water resources within the Middle ivfississippi River Watershed ManagemenY-Organization jurisdiction; (b) protect, preserve, and use naturai surface and ground water storage and retention systems; (c) m�nimi�e public capital eapenditures needed to conect aad control = flooding and water quality problems; (d) identify and plan for means to effectively protect and improve� � surface and ground water quality; (e) establish more uniform local policies and official controls for - surface and ground water management; (fl promote ground water recharge; (g) protect and enhance fish �- and wildIife habitat and water recreation facitities; {h) secure the other benefits associated with the proper management of surface and ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management � .a. A legal description and map of the boundaries of the Middle l�ssissippi River Watershed Management Organizarion are included pursuant to Minnesota Ttules 84010.0030, Subpart 1.B in Appendix A and C respectively of this Agreement. _-. :: r- � f- � : � � � q�-3� LJ � � .� Articie It Definitions For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: "Organization" is the Middle Mississippi 12iver Watershed Managemem Organization. Subdivision 2: "Commission" shall mean the goveming body of the Organization and shall consist of a Commissioner or Altemate from each of its Members. Subdivision 3: "Commissioner" shall mean any person appointed to the Commission by each Members governing body, or in the Commissioner's absence, the Alternate. Subdivision 4: "Council" shall mean the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city; for the University of Minnesota, the Board of Regents; and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 5: "Member" shall mean any city, county, or special purpose govemment entity within the watershed that enters into this Agreement. Subdivision 6: "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the magped areas delineated on the map identified as Appendix C which has been or will be submitted to the Board of Water and Sofl Resources. Subdivision 7: "Act" is defined as the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 103B.201 to 103B.251. Subdivision 8: "Operating Budget" refers to the administrative expenses incurred by the Organization. 3 g�-3� Subdivision 9: "Capital Improvement Project" shall mean a physical improvement project other than routme mamtenance. Subdivision 10: "Majority" shall be defined as greater than half of the quorum. Subdivision 11: "Subcvatershed" shall be a management and taxaxion unit smaller than and lying within the Organization. Subwatersheds shall be delineated along the jurisdictional boundaries of the municipaliries of Falcon Iieights, Lauderdale, Minneapolis, Saint Anthony, and Saint Paul. Subdivision 12: "Catchment Area" shall mean a hydrologic drainage area less than the entire watershed under the jurisdiction of the Organization. Subdivision 13: "Quorum" shall mean the number of Commissioners or Altemates required to be present for business to be legally transacted. This number shall be any number wlrich is greater than half of the Members. Any number less than a quorum may adjoum a scheduled meeting. � �- �= E� � �: � � �� 4 � a t - 3g i � � .� Article iil Board Of Commissioners Subdivision 1: The goveming body of the Organization shall be its Commission which shall consist of seven ('n voting Commissioners. Each Commissioner shall have one vote. All appointments to the Commission shall be in accordance with Minnesota Statutes 103B.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. A.11 vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (I S) days prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council who appointed or had the right to appoint the Commissioner. The Council of each Member shall appoint one (1) Commissioner to represent the member to the Commission. Each Commissioner shall serve until his or her successor is appointed. Egective 7anuary 31, 1997, the Commissioners shall be appointed to terms as follows: Member Initial Term City of Minneapolis 3 yeazs City of Saint Paul 3 years V'illage of Saint Anthony 3 years City of Falcon Heights 2 years City of Lauderdale 2 yeazs University of Minnesota I yeaz Minneapolis Park and Recreation Board 1 year After the uutial term, each Commissioner shall serve three year terms. Subdivision 2: A Commissioner may not be removed from the Commission prior to the expiration of his or her term, except for just cause by the Council that made the appointment. An elected or appointed official who is not re-elected or r�appointed may be removed by the appointing Members Council at the Member's discretion. Subdivision 3: Member Councils may select and appoint altemates to the commission in the same manner as Commissioners. In the absence of a Member's Commissioner, the designated Altemate may 5 g vote and act in the Commissioner's place. The Altemate shali serve a term concurrent with the Member's Commissioner. � , S¢bdivision 4: Each Member shall, within thirty (30) days of appointment, file with the Secretazy of the Commission a record of the appointment of its Commissioner and Altemate. The Commission shall notify the Boazd of Water and Soil Resources of Member appointments and vacancies within thirry (30) days after receiving notice from the Member. Subdivision 5: The Council of each Member shall determine the eligibility and qualificauons of its Commissioner and Altemate. However, the terms of each Commissioner shall be as established by this Agreement. Subdivision 6: Regulaz meetings shall be held by the Commission periodicalIy at the time and place detennined by the Commission pursuant to open meeting law, Minnesota State Statutes 471.705. Subdivision 7: At the first meeiing of the Commission and each calendaz year thereafter, the� Commission shall elect from its Members a chairperson, a vice chairpersoq a treasurer, a secretary, and such other officers as it deems necessary to conduct its meetings and affairs. Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regulaz or special meeting of the Commission provided that a ten (10) day prior notice of the proposed aznendment has been fvrnished to each Commissioner and Alternate to whom notice of ineetings is required to be sent. Subdivision 9: T'he Commission may create such committees, task forces or worlang groups as needed to accomplish its mission. Subdivision 10: Commissioners shatl serve without compensation from the Organization, but this shall _ not prevent a Member's Council from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. � � q� -3� � Articie IV Powers and Duties of the Board of Commissioners Subdivision l: The Commission shall employ such persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may aiso incur expenses and expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote, except in the case of a capitai improvement project. Capital improvement projects shall require a two thirds majority vote. Subdivision 3: The Commission shall have an established Citizen Advisary Committee and Technical Advisory Committee to provide input and to serve in an advisory role. � Subdivision 4: The Commission shall review and approve af a Local Water Management Plan for its Members as established under Minnesota Statutes, Chapter 103B. Approval of the plan shall requ'ue no more than a majority vote. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement = projects delineated in the Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 6: The Commission shall develop a comprehensive Watershed Management Plan to meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish comprehensive goals and policies for the protection, enhancement, and smprovement of the watershed, and shail establish specific unplementation strategies to realize these goals and policies. � Subdivision 7: The Comrrrission shall have the power to contract with any govemmental unit, private or nonprofit association to accomplish the purposes for which it is organized. i1 ��-�� Subdivision 8: The Commission has the authority to apply for, accept, and use grants, Ioans, money or other property from the United States, the State of Mivnesota, a unit of government ar any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses/fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 9: The Commission may establish and maintain devices for acquiring and recording hydrological and water quality data within the watershed. Subdivisian 10: The Comtmssion may contract for, or purchase, such insurance as they deem necessary for the protection of the Commission. Subdivision 11: The Commission may defne and designate subwatersheds within the watershed and shall have authority to allocate costs to those subwatersheds that directly benefit &om the capital improvement projects. Subdivision 12: The Commission shaii have the authority to invite governmental entities within ihe area of the watershed to jain the Organizatioa Furthermore, any governmental entities within the azea of the watershed may petition for membership in the Organizarion. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of fiiing by Yhe last Council resolution approving the addition. As Members aze added to the Organizatioq there shall be created one voting Commissioner. Furthermore, as each new Member is added, the cost shares of the operatiag budget {Article V, Subdivision 4) will be reassessed. Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to cazry on its activities either with an individual Member or elsewhere. ��_ ;__ Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that � a q�-3� the watershed is being poliuted, the Commission may take appropriate action to alieviate the pollution � including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and invesrigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with pernussion of the property owner, or when a search warrant for access to the property is nat requ'ued. The Commission shall be liable for actual damages resulting therefrom, subject to the_limitations of Minnesota Statues Section 466.01, et. seq. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Chapter 466.05. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. � Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or techmcal consultant services before retainin$ the services of a consultarit or e�ctending annual service agreements. � Subdivision 18: The Commission may designate one or more national or state bank or trust companies authotized by Chapters 118 or 427 of Minnesota Statutes ta receive deposits of public moneys to act as depositories for the Organization's funds. No funds may be disbursed without the signature of at least two Commissioners, one of whom shall be the Treasurer. The Treasurer shaii be required to file with the Secretary of the Commission a bond in the sum of at least $10,004 or such higher amount as shall be deternuned by the Commission. The Commission shall pay the premium on said bond. Subdivision 14: The Commission may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. � 0 R7-� Article V Operating Budget Subdivision 1: The Comxnission shall adopt an operating budget for the ensuing year on or before September 1 of each year. The budget shall then be certified by the Secretary of the Commzssion on or before October 1 to the clerk of each Members Council together with a statement of the proportion of the budget to be pmvided by each Member. The Counci! of each Member agrees to review the budget. The Commission shall upon norice from any Member received prior to November i, hear objections to the budget. Such norice shall be written to the Commission's Secretary and delivered by certified mail ta their principal business address. The Commission, upon notice delivered by US Mail to atl Members and after a hearing, may modify or amend the budget. If no objections are submitted to the Commission, each Member agrees to provide the funds required by the budget on or before February 1. Modifications or amendments to the original budget require a majority vote. The operating budget shall not exceed $20,000 annually. Subdivision 2: The Commission has the duty io make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a finaneiat audit report or section that includes a balanee sheet; a classifieation of revenues and eapenditures; an analysis of changes in final balances; and any additionai statements considered aecessary for full financial disclosure; and the status of all commission projects and work within the watershed; copies of said report shall be transmitted to the clerk of each Member's Council. Subdivision 3: Member contributions to the operating budget will be determined on a percentage basis of fhe geographic area of each Member's subwatershed, excluding properties owned by the University of Minnesota and the Minneapolis Park and Recreation Boazd. In the cases of the University of Minnesota and the Minneapolis Park and Recreation Boazd, their shares shall be detemvned by that portion of property owned by them. TEus assessment shall be aliocated as foilows: � � �-: t;= �:; �� — t � 10 ��"J� Member Share � Minneapolis 43.6% Saint Anthony 3.5°/a Saint Paul 1.5°/a N3inneapolis Park and Recreation Board 0.7°l0 Lauderdale 0.4% Falcon Heights 0.2°/a University of Minnesota 0.1% Subdivision 4: Pro}ects or other necessary expenditures which cannot be accomplished through the capital budget and would exceed the cost of the operating budget of Article V, Subdivision 2, shall be addressed by mutual agreement of the affected Members outside of this Agreement. � � � ii �� 3�d Article VI Gapitai Budget Subdivision 1: The Members recognize that on-going capital expenditures will be required to soive some of the water resowce problems within the watershed. For the purposes of this Agreement, capital improvement projects are those detennined necessary to implement the Orgazuzation's Capital Improvement Program. Subdivision 2: Capital projects will be financed on a subwatershed basis. Subwatersheds are drawn on the basis of jurisdictional boundaries contained within the watershed. There are five subwatersheds: Minneapolis Saint Paul Saint Anthony Lauderdale Falcon Heights (Subwatersheds are indicated on the map in Apgendix B) Capital improvement projects may be undertaken solely within one subwatershed, within two or more subwatersheds or in all the subwatersheds of the watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against properties within those subwatersheds which directly benefit from such project in the same manner as a watershed district may levy taxes under Minnesota Statutes Chapters 103B and 103D aad Section 471.59. Each Member's Council's subwatershed, that is part of a capital improvement project, shall have discretion to implement its own means of funding its share of the capital improvement project costs, in lieu of ad valorem taaces. Cost assessments for capital improvement projects shall be addressed by mutual agreement of the Member Councils whose subwatersheds are involved. This assessment shall take into consideration such factors as the level of benefit, geographic area, and other pertinent factors. 12 � i � �� "_ �_: f� �- g, �- �,� �> �,; c-, h � � £ � � • • � � � ,.: Subdivision 4: Approval of capital improveraent projects shall require a two-thirds vote of the Commission, approval by the Council of each Member affected by the project, and other such bodies as required by law. Capital improvement projects shall be financed in accord with Minnesota Statutes 103B and 103D. Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes 103B205 Subdivision 3, beginning with the fiscai year in which the Watershed Management Plan is adopted. The Capital Improvement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management Plan is amended to include such projects. Subdivision 6: Beginning with the year following adoption of the Capital Improvement Program, the Commission shall adopt a capital improvement budget for the ensuing year on or before September 1 of each year. The budget shall then be certified by the Secretary of the Commission on or before October 1 to the clerk of each Member's Council together with a statement of the proportion of the budget to be provided by each Member. The Council of each Member agrees to review the hudget. The Commission shall upon notice from any Member received prior to November i, hear objections to the budget. Such notice shall be written to the Commission's Secretary and delivered by certified mail to their principal business address. The Commission, upon notice delivered by US Mail to all Members and after a. hearing, may modify or amend the budget. Following certification ofthe capital budget by the Secretary of the Commission, each Member having a financial obligation therefore, shall provide to the Organization the funds required by the budget on or before February 1. Modifications or amendments to the original budget require a majorit}> vote� 13 �Z�3ss _. Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2010, and it may be continued thereafter upon the agreement of all Members. Article VIII Dissoiution Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Comnnission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolurion, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Resources. Each govemmental unit shatl have 90 days in which to consider dissolution of the Organization. I� within 90 days of the date the norice was given, a majority of Members' CounciIs has ratified said resolution; then the Organization shall be dissolved and this Agreement shall ba terminated. Upon dissolution, the Organization shall complete all work in progress and dispose of all personal property. All property of the Organization shall be sold and the proceeds thereof, iogether with moneys on hand, sha(1 be distributed to the eligible Membars of the Commission as fallows: assets derived from contributions to the Operating Budget shall be apportioned and distributed to each Member in the percentage by which the Member contributed to the Organization under the last annual budget; assets derived from the Capital Improvement Budget shall be apportioned and distributed on an asset by asset basis to each Member in the percentage by which the Member contributed to the specific asset. ]4 lJ � f. i �r� F-=~ r. c f _ �S+ c:= �3 «: c= �.: f=? � C� �=; tr: q�-�Y � � � Articfe IX Amendments Any Member may recommend to the Corrunission amendments to this P,greement. Upon a majority vote, amendments to this Agreement shall be forwarded by the Commission to its Members' Councils. No amendment shall be effective until the amendment has been ratified by the Council of each Member. The effective date of any amendment sha11 be the date on which the last Member's Council ratifies the amendment and is filed with the Secretary of the Commission. Article X Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resolution of the ratification with the Clerk of the City of Minneapolis. The effecrive date of the Agreement shall be the later of: 7anuary 1, 1997; or the date on which the last Member to ratify files its resolution of ratificarion. Upon adoption of this Agreement, the Minneapolis City Clerk shall supply to each Member and the Boazd of Water and Soil Resources a copy of the Members' ratification resolutions and a copy of the signed Ageemem. IN WITNESS WI�REOF, the undersigned Members, bp action of their Councils, have caused this ageement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.54. � City of Falcon Neights By: � Sue Gehiz, Mayor Susan Hoyt, City Administrator Dated: , 19 Dated: 19 15 City of Lauderdale By: 7effDains, Mayor Tim Cnuksl�ank, City AdnunistraYOr Gity of Minneapolis By: SLazon Sayles Belton, Mayor Ciry Clerk Countersigned: Finance Officer Approved as to Form By: Assistaut Ciry Attomey City of Sainf Rnfhony By: Clazence Ranallo, Mayor Micheal Mornson, City ManaSer 16 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 °t7-��' � �; s F- i ' ; C-i � � � � :'-� ;_= ; .z �� :�. :' _ �� a�-�� City of Saint Paul By: �� (�%�-� vatect: 1- /o , 19 � 1 Noim Coleman, Mayor Attest: Dated: , 19 Maritia Lazson, Duector of Finance and Management Service Approved as orm B .,��✓Uayvya-., Dated: f— L , 19 c '1 � _ Assistant City Attomey Regents of the University of Minnesata IC�� Nits Haselmo, President of the University � � Secretary of the Boazd of Regents Minneapolis Park and Recreafion Board Patrcicia Baker, President MPRB David Fisher, Secretary MPRB Approved as to Porm, Legality, aud Execution MPRB Attorney Dated: , 14 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 17 R� -3B Appendix A Legal Description of WMO � f ` �� SWIy on a curve line, concaved to the NW, to the intersection of the Siy eactension of Holmes Av S and � Wly e�ctension of W 39th St; th S along the Sly extension of Holmes Av S to the Wly e�rtension of W 4Qih St; th SEIy along a curve line, concaved to the SW, to the intersection of Kings I-Iighway and W 42nd St; th E along W 42nd St to Bryant Av S; th N along Bryant Av S to W 41st St; th E along W 41st St to Lyndale Av S; th 5 along Lyndale Av 5 to W 42nd St; th E along W 42nd St to Garfield Av S; th S along Garfield Av S to W 46th St; fh W along W 46th St to Aldrich Av S; th S along Aldrich Av S to W 47th St; th W along W 47th St to Bryant Av S; th S along Bryant Av S to W 49th St; th E along W 49th St to Harriet Av S; th S along Harriet Av S to W SOth St; th E along W and E SOth St to 2nd Av S: th N along 2nd Av S to E 42nd St; th E along E 42nd St to Chicago Av; th N along Chicago Av to E 41st St; th W along E 41st to the alley between Oakland and Park Avs; th N along said alley to E 40th St; th E along E 40th St to Chicago Av; th N along Chicago Av to E 38th St; th W along E 38th St to Oakland Av; th S along Oakland Av to E 39th St; th W along E 39th St to Portland Av; th N along Portland f1v to E 37th St; th E along E 37th St to Oakland Av; th N along Oakland Av to E 36th 5t; th E along E 36th St to Columbus Av; th N along Columbus Av to E 35th St; th W along E 35th St to Portland Av; th N along Portland Av to E 34th St; th W along E 34th 5t to 4th Av S; th N along 4th Av S to E 33rd St; th E along E 33rd St to the alley between 4th and Sth Avs S; th N along said alley to E 32nd St; th E along E 32nd St to Portland Av; th N along Portland Av to E 31st St; th E along E 31st St to i lth Av S; th N along I ith Av S to E 29th St; th E along E 29th St to 13th Av S; th S along 13th Av S to E Lake St; th E along E Lake St to 15th Av S; th S along I Sth Av S to E 32nd St; th E along E 32nd St to 18th Av S; th N along ; 18th Av S to E Lake St; th E along E Lake St to 21st Av S; th S along 21st Av S ta E 32nd St. th W along E 32nd St to 19th Av S; th S along 19th Av S to E 34th St; th E along E 34th St to 20th Av S; th S along --- 20th Av S to E 35th Si; th E along E 35th St to 23rd Av N; th S along 23rd Av S to E 36th St; th W along E 36th St to 22nd Av S; th S along 22nd Av S to E 37th St; th E atong E 37th St to 23rd Av S: th S along 23rd Av S to E 38th St; th E along E 38th St to Hiawatha Av; th 3Ely along Hiawatha Av to E 4fith St; th E along E 4bth St to Snelling Av; th NWIy along Snelling Av to E 45th St; th E along E 45th St to 42nd Av S; th N along 42nd Av S to E 44th St; th E along E 44th St to 45th Av S; th S along 45th Av S to E 46th St; th E along E 46th St to 46th Av S; th SEIy along the Ford Bridge to the center of the Mississippi River; th Nly along the City Limits to the pt of beginning and there terminating. � �� All the land lying within the following described boundaries: Commencing at the intersection of E Hennepin Av and the E City Limi#s of the City of Minneapolis; th N on said E City limits and its ]Vly ea�tension to 33rd Dr Av and Forest Lake Cutoff; th SWIy along Forest Lake Cutoff to 31st Av NE; th W[y along 31st Av NE to Rankin Dr; th N along Rankin Dr to 33rd Av NE; th W along 33rd Av NE to Silver Lake Rd; th N along Silver Lake Rd to 36th Av NE; th W along 36th Av NE to Edward St NE; th N along Edwazd St NE to 37th Av NE; th W along 37th Av NE and its Wly extension to the center of the 1Vfississippi River; th Nly along the center of the Mississippi River to the Ely eactension of 53rd Av N; th Wly along 53rd Av I3 to 7ames Av N; th S along 3ames Av N to 52 Av N; th E along 52 Av N to the alley between Humboldt Av N and Irving Av N; th S along said alley to 51st Av S; th E along 51st Av N to Humboldt Av N; th S on Tiumboldt Av N to SOth Av N; th E along SOth Av N to Fremont Av N; th S along Fremont Av N to 49th Av N; th E along 49th Av N to Emerson Av N; th S along Emerson Av N to 47th Av N; th E along 47ih Av N to alley between Co1faY e and Bryan Avs N; th S along said alley to 46th Av N; th E along 46th Av N to Camden Av N; th 5 along Camden Av N to 45th Av N; th E along 45th Av N to the center line of the Mississippi River; th Sly along the center line of the Mississippi River to the Ely extension of 41 st Av N; th W along 41 st Av N and its Ely e�ension to Bryant Av N; th N along Bryant Av N to 42nd Av N; th W along 42 Av N to Emerson Av N; th S along Emerson Av N to 41 st Av N; th E along 41 st Av N to Auporn Av N; th S along Dupont Av N to 39th Av N; th W along 39th Av I3 to Emerson Av N; th S along Emerson Av N to 38th Av N; th W along 38th Av N to Knox Av N; th S along Knox Av N to the center line between 36th and 37th Avs N; th E along said center line to Humboldt Av N; th S along Humboldt Av N to 35th Av N; th W along 35th Av N to James Av N; th N along 3ames Av N to 36th Av N; th W along 3bth Av N to Logan Av N; th S along Logan Av N to 35th Av N; th W along 35th Av N to Morgan Av N; th S along Morgan Av N to 33rd Av N; th E along 33rd Av N to the alley between James and Knox Avs N; th S along said alley to Lowry Av N; th E along Lowry Av N to James Av N; th S along 7ames Av N to 3�th Av N; th E along 30th Av N to Fremont Av N; th S along Fremont .Av N to 29th Av N; th W along 29th Av N to the alley between Fremont and Crirard Avs N; th S along said alley to 27th Av N; th W along 27th Av N to the alley between Humboldt and Irving Avs N; th S along said aIley to 26th Av N; th W along 26th Av N to Irving Av N; th S along Irving Av N to 25th Av N; th E along 25th Av N to Girazd Av N; th S along Crirard Av N to 23rd ��-�� : Av N; th W along 23rd Av N to Irving Av N; th NWIy along Iiving Av N to Ilion Av N; th SWIy along ` Ilion Av to Hillside Av; th NWiy along Hillside Av to the alley between 7ames and Logan Avs N; th SWIy � along said alley to the EW alley lying between Lots 72 and 73, Blk 19, Forest Heights Addn to Minneapolis; th Ely along last described alIey to W Broadway and Oliver Av N; th Sly along Oliver Av N to 21st Av N; th W along.2I Av N to Penn Av N; th S along Penn Av N ta center line between 16th and 17th Avs N th aze lying W of Penn Av N; th W atong said center line to Queen Av N; th S along Queen Av N to 14th Av N; th E along 14th Av N to Crirard Av N; th S along Girazd Av N to 12th Av N; Yh E along 12th Av N to Fremont Av N; th N along Fremont Av N to Piymouth Av N; th E along Plymouth Av N to Bryant Av N; th S along Bryant Av N to 12th Av N; th W along 12th Av N to the center line between Aidrich and Bryant Avs N; th S along the said center line to 7th St N; th SEIy along 7th 5t N to W Lyndale Av N; th Sly along W Lyndale Av N to 4th Av N; th E along 4th Av N to Border Av; th N along Border Av to 7th St N; th NWIy along 7th St N to E Lyndale Av N; th NEIy along E Lyndale Av N to State Highway #94, th NEIy along StaYe Highway #94 to Plymouth Av N; th E along Plymauth Av N to the W bank of the Mississippi River; th SEIy along the W bank of the IvTississippi River to 3rd Av N; th SWIy along 3rd Av N to 3rd St N; th NWIy along 3rd St N to 4th Av N; th SWIy along 4th Av N to 4th St N; th SEly along 4th St N to 3rd Av N; th SWIy along 3rd Av N to Holden St; th W along Holden St to l ith St N; th SWiy parallel with C N W RR r!w to Currie Av N; th E aiong Currie Av approx 165'; th S parailel with 12th St N to Chesmut Av; th W atong Chestnut Av to W Lyndale Av N; th SWIy along the M& St L RR r/w to Linden Av W; th SWIy alang Linden Av W to Wayzata Blvd; th S and SEIy along Wayzata Blvd to the Parade Stadium; th SWIy across The Pazade Stadium to the irnersection of Kenwood Pkwy and Emerson Av S; th SEIy along Emerson Av S to Groveland Ter; th Siy along Groveland Ter to Mount Curve Av; th Ely along Mount Curve Av to Colfax Av S; th S alo�g Colfaac Av S to Franklin Av E; th E along Frankiin Av E to Bryant Av S; th S atong Bryant Av S to W 26th St; th E along W 26th St to Garfield Av S; th N along Garfield Av S to W 25th St; th E along W 25th St to the alley between Blaisdell Av S and Pillsbury Av S; th S along said alley to W 26th St; th W along W 26ffi St to Pieasant Av; tin S along Pleasant Av to W 35ih St; th W along W 35th St to Coifax Av S; th N along Colfaac Av S to W 33rd St; th W along W 33rd St to Fremont Av S; th S along Fremont Av S to W 34th St; th W along W 34th St to Hennepin Av; th S along Aennepin Av.to W 35th St; th W along W 35th St to Irving Av S; th S along Irving Av S to the alley between Irving Av 3 and James Av S and W 35th St and W 36ih St; th W along said alley to James Av S; th S along James Av S and its Sly extension to a pt in Lakewood Cemetery that is distarit approx 100'S of W 36th St; th E parallei with W 36th St to the Siy ea{tension of Emerson Av S; th � � _: �_. �= � � � � � � � �� Appendix B � Map Delineating Subwatersheds � ! �T �:ii wv:�y: a:..�i. i.� � � .. r� «• ra .,�:rn rr �a ♦r i ix� L� WATERSHED MANAGEMENT 4RGA1vIZATIONS oao�� ,a. ises ��"�� uF��F� n�is'aissiavt w.r,�.e. =��c:�vi ce�u�nea4 r:ezcrrs; R.C� :��tK 1�.�.N.C. c o Si. ANTHONY �, ��i �°1 �1 1 � � � �� we�.�a+n �rucn�n'Iaec,�+rrux� y l, � 'ie' LL= ;FALCOt� ST. PAU� '£ �P � S.W. RAMSEY R'.M.C. E � fl �., �r � A�'U'IR.HAHA CR�IC �' i r::.. wx�rna� autu�vr aenncr� ��'� l `� � ( �..�_� ( ��iT. FAUI i �. . � ♦ � Appendix C :� Map Delineating the Boundaries of the WMO ;� ` ry �' ' Council File # ��'� � Green Sheet # 32157 RESOLUTION CITY OF SAINT PAUL MINNESOTA f _ _.. ,� ,;,, � �' , � �`�. /'� � �, _ � � � � �- ��a-. �. Presented By Referred To i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Committee: Date WfiEREAS, the members of the Middle Mississippi River Watershed Management Organization including Falcon Heights, Lauderdale, Minneapolis, Saint Anihony, Saint Paul, the Minneapolis Park and Recreation Board and the University of Minnesota have authority, pursuant to Minnesota Statutes 471.59, to jointfy and cooperatively, by agreement, exercise any powers common to the contracting parties pursuant to Minnesota Statutes, Sections 103B.201 to 103B.255; and WHEREAS, the City of Saint Paul is committed to the stewardship of our surface and groundwater resources; and WHEREAS, the City of Saint Paul believes that the wise management of our water resources requires that water be viewed from a watershed perspective; and WHEREAS, the City of Saint Pau! recognized the need to cooperate with neighboring jurisdictions to effectively manage our water resources, Now, therefore, be it RESOLVED, that the City of Saint Paul approves the joint powers agreement to establish the Middle Mississippi River Watershed Management Organization; and Be it FURTHER RESOLVED, that the Mayor, Director of Finance and Management Services and Assistant City Attorney are authorized to sign said agreement on behalf of the City of Saint Paul. Adopted by Council: Date `�� Adoption Certified by Council Secretary By: App� By: Requested by Department of: Publi� wor� By. - Form Approved by City Attorney B : ��^ + �'�'` � Approved by Mayor for Submission to Council BY:�� --� % f,,,. ..._ _ _ . __ . . . '�,. OE ARTMENT/OFFICE/COUNQL TE INIT7A7ED \� � Q ' PublicWorks 12/9196 GREEN SHEET No.32157 COMACf PERSON 6 PHdVE INI INITIAIJDATE— DEPARTMENTOIflE �6 CITYCWNCIL RichatdHedman 26Ci6f48 � �� DarvnrroaNev � cmc�wc MUST BE ON COUNCILAGENDA BY (DA7k7 flO1/i1NO � BUDGEf DIRECTOfl O FlN 8 MGT. SERVICE DIR Januazy 1U,1996 �� OMAYOfl(ORASSISTANf) � TOTAL 1� OF SICNANRE PAC�S (CLIP pLL tDCAt10NS FOR SIGNANRg �i nssocw �z �aran.+Errraccou 4 � AC710NREWESTED Appmve and sign We Joint Powers Ag�eme.at establishmg "The Middle Mississippi River Watershed Management Orgauizafion". '; (See Exl�ibit A) �. su pECOMMENDATONSApprwe U) «Rejxt � p�pHpl SEAVICE CONTHACSS NUST ANSWER 7HE FOLIOWING QLLIESTIONS: 1 t PLANNING COMMISSION _ �� AhCE COMMSSION � — 1. HasiNspersoMkneverwwkeaunCeracom`acttormisdeparttne�6? � CIB COMMITTEE _ YES NO . A STAfF 2. HaslfYspersonAkmeverbeenaciry¢mployeel ' — — YES NO . , qsSRic7 coix�cll � 3. Dces UYS persoMirm possess a sldB mt rromWy possessetl by arry currefd cdy empbyee? SUPPORTSWFi1CHCWNCILO&tECTNE7 yE5 Np E�Iain al{ yea amwera on separate aheet and atlach to green aheet �;' _ �;, $„: INITIAIiNG PR08LEM. ISSUE.OPPOR7UNIN (WFq, WIUT. WHEN. WNERE. WFIh: �" ;,' The Ciry is required under the MeVOpolitsn Water Management (Minnesota Statutes 103B201 to 103B 255 ) to cooperate with "`� neighboring jurisdictions to manage our common water resources. The proposed Toin ��eement will replace the existing _�. Agreement as approved under Council File 85-853. The proposed agreement liauts the Ciry expenses to an annual operating budget not to " exceed $300. This amount is iwdgeted under Activity GL260-22202. JA(V ��7 �9.4Yt}�'S QP�10E ADVANTAGESIPAPPROVE�: ' �. The proposed agreement �ovides am�e efficient procedure to perform the stated functions and allows local control of the indicated ? function. In the event t6aY capital improvemenis develop, the City Council retains the right of approval. s � � �( OISAWANTAGESIFAPPROVEO: � �- i � None. �° °�7`'�j� �?� �g� � �� l i.a . �„ �i�sF'e � E ..��o{� 1 Q i�� }�� J �� ' _ _ . C�°�� , ! DISADVANTAGESIFNOTAPPROVFD: ' If the City dces na approve the ptoposed agreemem, the Watershed Management Organization may lose its effecvveness and be replacui by a Wateished Distria wlilch would be controAed by Hennepin and Ramsey Counties. 70TALAMOUNTOFTRANSACTION$ $300perannUm COST/REVENUEBUDGETED(CIRCLEONE) ES No FUNDING SOURCE �[.�6p-72909 AC7IVITY NUMBEA FlNANCIAL INFORMATION: (IXPLAIM � � '' 4 A � �� x _ Joint and Cooperative Agreement for the Middle Mississippi River Watershe�i Management Organization � City of Minneapoiis , City of St. Paul .;. �. Vi(lage of Saint Anthony . ,�, Gity of Lauderdale .;. , City of Falcon Heights , �'' Minneapalis Park and Recreation Board � University of Minnesota .' January 1997 �� d � � ! � Joint and �oaperative Agreement for the � Middfe Mississippi River Watershed Management Organization � January 1997 � q� - 3� � Tabie of Contents Pa�e Membership --------------------------------- ---------------------------------------------------1 Article I--Legal Pmpose---------------------------------- Article II--Definitions-------------------------- -------------------------------------------------3 Article III--Board of Commissioners-----_--------------------------------------------------5 Article N--Powers and Duties of the Board of Commissioners----------------------------'1 Article V--Operating Budget--------------------------------- Article VI--Capital Budget--------------------------- - - - - --------------------------------------12 Article VII--Duration-------------------------- - - ---------- ° ----------------------------------14 � Article VIII--Dissolution------------------------------ ' ArtieleIX--Amendments------------------ - - ---------------------------- __ -------------------15 Article X--Effective Date---------------------------- -------------------------------------------15 = = Member Authorization-------°°------------------- :_: Appendix A----------------------------------------------------Legal Description of the WMO �- - ---------Ma Delineatin Subwatersheds ,_: Appendix B--------------- --------------------------- P S ' Appendix G---------- ------------Map Delineating the Boundazies of the WMO � `�' � � Membership This Agreement entered into as of the date of execution by and among the following: Cities of q�-�� Falcon Heaghts Lauderdale Mumeapolis Saim Anthony Saint Paul � � and the Minneapolis Park and Recreation Board and the Regents of the University of Minnesota for the establishment of a Watershed Management Organization. The aforementioned cities, the Minneapolis Pazk and Recreation Board, and the University of Minnesota shall hereinaf3er be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 103B.251 and WHEREAS, the Members des'ue to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.251; NOW THE1tEFORE, the parties to this Agreement do mutually agree as follows: i � � � 3� Article I Legal Purpose � The purpose of this Joint and Cooperative Agreement for Yhe Middle Mississippi River Watershed Management Organization is to replace the 7oint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985. The purpose of the Middle Mississippi River Watershed Managetnent Organization, as grovided_for in this Agreement, is to provide for the wise, Iong-term management of water and associated land resources within the watershed through impiementation measwes that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Ivrddle Mississippi River Watershed Management Organization seeks to (a} protect, enhance, and res[ore the quality and quantity of surface and ground water resources within the Middle ivfississippi River Watershed ManagemenY-Organization jurisdiction; (b) protect, preserve, and use naturai surface and ground water storage and retention systems; (c) m�nimi�e public capital eapenditures needed to conect aad control = flooding and water quality problems; (d) identify and plan for means to effectively protect and improve� � surface and ground water quality; (e) establish more uniform local policies and official controls for - surface and ground water management; (fl promote ground water recharge; (g) protect and enhance fish �- and wildIife habitat and water recreation facitities; {h) secure the other benefits associated with the proper management of surface and ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management � .a. A legal description and map of the boundaries of the Middle l�ssissippi River Watershed Management Organizarion are included pursuant to Minnesota Ttules 84010.0030, Subpart 1.B in Appendix A and C respectively of this Agreement. _-. :: r- � f- � : � � � q�-3� LJ � � .� Articie It Definitions For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: "Organization" is the Middle Mississippi 12iver Watershed Managemem Organization. Subdivision 2: "Commission" shall mean the goveming body of the Organization and shall consist of a Commissioner or Altemate from each of its Members. Subdivision 3: "Commissioner" shall mean any person appointed to the Commission by each Members governing body, or in the Commissioner's absence, the Alternate. Subdivision 4: "Council" shall mean the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city; for the University of Minnesota, the Board of Regents; and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 5: "Member" shall mean any city, county, or special purpose govemment entity within the watershed that enters into this Agreement. Subdivision 6: "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the magped areas delineated on the map identified as Appendix C which has been or will be submitted to the Board of Water and Sofl Resources. Subdivision 7: "Act" is defined as the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 103B.201 to 103B.251. Subdivision 8: "Operating Budget" refers to the administrative expenses incurred by the Organization. 3 g�-3� Subdivision 9: "Capital Improvement Project" shall mean a physical improvement project other than routme mamtenance. Subdivision 10: "Majority" shall be defined as greater than half of the quorum. Subdivision 11: "Subcvatershed" shall be a management and taxaxion unit smaller than and lying within the Organization. Subwatersheds shall be delineated along the jurisdictional boundaries of the municipaliries of Falcon Iieights, Lauderdale, Minneapolis, Saint Anthony, and Saint Paul. Subdivision 12: "Catchment Area" shall mean a hydrologic drainage area less than the entire watershed under the jurisdiction of the Organization. Subdivision 13: "Quorum" shall mean the number of Commissioners or Altemates required to be present for business to be legally transacted. This number shall be any number wlrich is greater than half of the Members. Any number less than a quorum may adjoum a scheduled meeting. � �- �= E� � �: � � �� 4 � a t - 3g i � � .� Article iil Board Of Commissioners Subdivision 1: The goveming body of the Organization shall be its Commission which shall consist of seven ('n voting Commissioners. Each Commissioner shall have one vote. All appointments to the Commission shall be in accordance with Minnesota Statutes 103B.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. A.11 vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (I S) days prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council who appointed or had the right to appoint the Commissioner. The Council of each Member shall appoint one (1) Commissioner to represent the member to the Commission. Each Commissioner shall serve until his or her successor is appointed. Egective 7anuary 31, 1997, the Commissioners shall be appointed to terms as follows: Member Initial Term City of Minneapolis 3 yeazs City of Saint Paul 3 years V'illage of Saint Anthony 3 years City of Falcon Heights 2 years City of Lauderdale 2 yeazs University of Minnesota I yeaz Minneapolis Park and Recreation Board 1 year After the uutial term, each Commissioner shall serve three year terms. Subdivision 2: A Commissioner may not be removed from the Commission prior to the expiration of his or her term, except for just cause by the Council that made the appointment. An elected or appointed official who is not re-elected or r�appointed may be removed by the appointing Members Council at the Member's discretion. Subdivision 3: Member Councils may select and appoint altemates to the commission in the same manner as Commissioners. In the absence of a Member's Commissioner, the designated Altemate may 5 g vote and act in the Commissioner's place. The Altemate shali serve a term concurrent with the Member's Commissioner. � , S¢bdivision 4: Each Member shall, within thirty (30) days of appointment, file with the Secretazy of the Commission a record of the appointment of its Commissioner and Altemate. The Commission shall notify the Boazd of Water and Soil Resources of Member appointments and vacancies within thirry (30) days after receiving notice from the Member. Subdivision 5: The Council of each Member shall determine the eligibility and qualificauons of its Commissioner and Altemate. However, the terms of each Commissioner shall be as established by this Agreement. Subdivision 6: Regulaz meetings shall be held by the Commission periodicalIy at the time and place detennined by the Commission pursuant to open meeting law, Minnesota State Statutes 471.705. Subdivision 7: At the first meeiing of the Commission and each calendaz year thereafter, the� Commission shall elect from its Members a chairperson, a vice chairpersoq a treasurer, a secretary, and such other officers as it deems necessary to conduct its meetings and affairs. Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regulaz or special meeting of the Commission provided that a ten (10) day prior notice of the proposed aznendment has been fvrnished to each Commissioner and Alternate to whom notice of ineetings is required to be sent. Subdivision 9: T'he Commission may create such committees, task forces or worlang groups as needed to accomplish its mission. Subdivision 10: Commissioners shatl serve without compensation from the Organization, but this shall _ not prevent a Member's Council from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. � � q� -3� � Articie IV Powers and Duties of the Board of Commissioners Subdivision l: The Commission shall employ such persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may aiso incur expenses and expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote, except in the case of a capitai improvement project. Capital improvement projects shall require a two thirds majority vote. Subdivision 3: The Commission shall have an established Citizen Advisary Committee and Technical Advisory Committee to provide input and to serve in an advisory role. � Subdivision 4: The Commission shall review and approve af a Local Water Management Plan for its Members as established under Minnesota Statutes, Chapter 103B. Approval of the plan shall requ'ue no more than a majority vote. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement = projects delineated in the Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 6: The Commission shall develop a comprehensive Watershed Management Plan to meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish comprehensive goals and policies for the protection, enhancement, and smprovement of the watershed, and shail establish specific unplementation strategies to realize these goals and policies. � Subdivision 7: The Comrrrission shall have the power to contract with any govemmental unit, private or nonprofit association to accomplish the purposes for which it is organized. i1 ��-�� Subdivision 8: The Commission has the authority to apply for, accept, and use grants, Ioans, money or other property from the United States, the State of Mivnesota, a unit of government ar any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses/fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 9: The Commission may establish and maintain devices for acquiring and recording hydrological and water quality data within the watershed. Subdivisian 10: The Comtmssion may contract for, or purchase, such insurance as they deem necessary for the protection of the Commission. Subdivision 11: The Commission may defne and designate subwatersheds within the watershed and shall have authority to allocate costs to those subwatersheds that directly benefit &om the capital improvement projects. Subdivision 12: The Commission shaii have the authority to invite governmental entities within ihe area of the watershed to jain the Organizatioa Furthermore, any governmental entities within the azea of the watershed may petition for membership in the Organizarion. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of fiiing by Yhe last Council resolution approving the addition. As Members aze added to the Organizatioq there shall be created one voting Commissioner. Furthermore, as each new Member is added, the cost shares of the operatiag budget {Article V, Subdivision 4) will be reassessed. Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to cazry on its activities either with an individual Member or elsewhere. ��_ ;__ Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that � a q�-3� the watershed is being poliuted, the Commission may take appropriate action to alieviate the pollution � including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and invesrigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with pernussion of the property owner, or when a search warrant for access to the property is nat requ'ued. The Commission shall be liable for actual damages resulting therefrom, subject to the_limitations of Minnesota Statues Section 466.01, et. seq. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Chapter 466.05. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. � Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or techmcal consultant services before retainin$ the services of a consultarit or e�ctending annual service agreements. � Subdivision 18: The Commission may designate one or more national or state bank or trust companies authotized by Chapters 118 or 427 of Minnesota Statutes ta receive deposits of public moneys to act as depositories for the Organization's funds. No funds may be disbursed without the signature of at least two Commissioners, one of whom shall be the Treasurer. The Treasurer shaii be required to file with the Secretary of the Commission a bond in the sum of at least $10,004 or such higher amount as shall be deternuned by the Commission. The Commission shall pay the premium on said bond. Subdivision 14: The Commission may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. � 0 R7-� Article V Operating Budget Subdivision 1: The Comxnission shall adopt an operating budget for the ensuing year on or before September 1 of each year. The budget shall then be certified by the Secretary of the Commzssion on or before October 1 to the clerk of each Members Council together with a statement of the proportion of the budget to be pmvided by each Member. The Counci! of each Member agrees to review the budget. The Commission shall upon norice from any Member received prior to November i, hear objections to the budget. Such norice shall be written to the Commission's Secretary and delivered by certified mail ta their principal business address. The Commission, upon notice delivered by US Mail to atl Members and after a hearing, may modify or amend the budget. If no objections are submitted to the Commission, each Member agrees to provide the funds required by the budget on or before February 1. Modifications or amendments to the original budget require a majority vote. The operating budget shall not exceed $20,000 annually. Subdivision 2: The Commission has the duty io make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a finaneiat audit report or section that includes a balanee sheet; a classifieation of revenues and eapenditures; an analysis of changes in final balances; and any additionai statements considered aecessary for full financial disclosure; and the status of all commission projects and work within the watershed; copies of said report shall be transmitted to the clerk of each Member's Council. Subdivision 3: Member contributions to the operating budget will be determined on a percentage basis of fhe geographic area of each Member's subwatershed, excluding properties owned by the University of Minnesota and the Minneapolis Park and Recreation Boazd. In the cases of the University of Minnesota and the Minneapolis Park and Recreation Boazd, their shares shall be detemvned by that portion of property owned by them. TEus assessment shall be aliocated as foilows: � � �-: t;= �:; �� — t � 10 ��"J� Member Share � Minneapolis 43.6% Saint Anthony 3.5°/a Saint Paul 1.5°/a N3inneapolis Park and Recreation Board 0.7°l0 Lauderdale 0.4% Falcon Heights 0.2°/a University of Minnesota 0.1% Subdivision 4: Pro}ects or other necessary expenditures which cannot be accomplished through the capital budget and would exceed the cost of the operating budget of Article V, Subdivision 2, shall be addressed by mutual agreement of the affected Members outside of this Agreement. � � � ii �� 3�d Article VI Gapitai Budget Subdivision 1: The Members recognize that on-going capital expenditures will be required to soive some of the water resowce problems within the watershed. For the purposes of this Agreement, capital improvement projects are those detennined necessary to implement the Orgazuzation's Capital Improvement Program. Subdivision 2: Capital projects will be financed on a subwatershed basis. Subwatersheds are drawn on the basis of jurisdictional boundaries contained within the watershed. There are five subwatersheds: Minneapolis Saint Paul Saint Anthony Lauderdale Falcon Heights (Subwatersheds are indicated on the map in Apgendix B) Capital improvement projects may be undertaken solely within one subwatershed, within two or more subwatersheds or in all the subwatersheds of the watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against properties within those subwatersheds which directly benefit from such project in the same manner as a watershed district may levy taxes under Minnesota Statutes Chapters 103B and 103D aad Section 471.59. Each Member's Council's subwatershed, that is part of a capital improvement project, shall have discretion to implement its own means of funding its share of the capital improvement project costs, in lieu of ad valorem taaces. Cost assessments for capital improvement projects shall be addressed by mutual agreement of the Member Councils whose subwatersheds are involved. This assessment shall take into consideration such factors as the level of benefit, geographic area, and other pertinent factors. 12 � i � �� "_ �_: f� �- g, �- �,� �> �,; c-, h � � £ � � • • � � � ,.: Subdivision 4: Approval of capital improveraent projects shall require a two-thirds vote of the Commission, approval by the Council of each Member affected by the project, and other such bodies as required by law. Capital improvement projects shall be financed in accord with Minnesota Statutes 103B and 103D. Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes 103B205 Subdivision 3, beginning with the fiscai year in which the Watershed Management Plan is adopted. The Capital Improvement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management Plan is amended to include such projects. Subdivision 6: Beginning with the year following adoption of the Capital Improvement Program, the Commission shall adopt a capital improvement budget for the ensuing year on or before September 1 of each year. The budget shall then be certified by the Secretary of the Commission on or before October 1 to the clerk of each Member's Council together with a statement of the proportion of the budget to be provided by each Member. The Council of each Member agrees to review the hudget. The Commission shall upon notice from any Member received prior to November i, hear objections to the budget. Such notice shall be written to the Commission's Secretary and delivered by certified mail to their principal business address. The Commission, upon notice delivered by US Mail to all Members and after a. hearing, may modify or amend the budget. Following certification ofthe capital budget by the Secretary of the Commission, each Member having a financial obligation therefore, shall provide to the Organization the funds required by the budget on or before February 1. Modifications or amendments to the original budget require a majorit}> vote� 13 �Z�3ss _. Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2010, and it may be continued thereafter upon the agreement of all Members. Article VIII Dissoiution Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Comnnission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolurion, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Resources. Each govemmental unit shatl have 90 days in which to consider dissolution of the Organization. I� within 90 days of the date the norice was given, a majority of Members' CounciIs has ratified said resolution; then the Organization shall be dissolved and this Agreement shall ba terminated. Upon dissolution, the Organization shall complete all work in progress and dispose of all personal property. All property of the Organization shall be sold and the proceeds thereof, iogether with moneys on hand, sha(1 be distributed to the eligible Membars of the Commission as fallows: assets derived from contributions to the Operating Budget shall be apportioned and distributed to each Member in the percentage by which the Member contributed to the Organization under the last annual budget; assets derived from the Capital Improvement Budget shall be apportioned and distributed on an asset by asset basis to each Member in the percentage by which the Member contributed to the specific asset. ]4 lJ � f. i �r� F-=~ r. c f _ �S+ c:= �3 «: c= �.: f=? � C� �=; tr: q�-�Y � � � Articfe IX Amendments Any Member may recommend to the Corrunission amendments to this P,greement. Upon a majority vote, amendments to this Agreement shall be forwarded by the Commission to its Members' Councils. No amendment shall be effective until the amendment has been ratified by the Council of each Member. The effective date of any amendment sha11 be the date on which the last Member's Council ratifies the amendment and is filed with the Secretary of the Commission. Article X Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resolution of the ratification with the Clerk of the City of Minneapolis. The effecrive date of the Agreement shall be the later of: 7anuary 1, 1997; or the date on which the last Member to ratify files its resolution of ratificarion. Upon adoption of this Agreement, the Minneapolis City Clerk shall supply to each Member and the Boazd of Water and Soil Resources a copy of the Members' ratification resolutions and a copy of the signed Ageemem. IN WITNESS WI�REOF, the undersigned Members, bp action of their Councils, have caused this ageement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.54. � City of Falcon Neights By: � Sue Gehiz, Mayor Susan Hoyt, City Administrator Dated: , 19 Dated: 19 15 City of Lauderdale By: 7effDains, Mayor Tim Cnuksl�ank, City AdnunistraYOr Gity of Minneapolis By: SLazon Sayles Belton, Mayor Ciry Clerk Countersigned: Finance Officer Approved as to Form By: Assistaut Ciry Attomey City of Sainf Rnfhony By: Clazence Ranallo, Mayor Micheal Mornson, City ManaSer 16 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 °t7-��' � �; s F- i ' ; C-i � � � � :'-� ;_= ; .z �� :�. :' _ �� a�-�� City of Saint Paul By: �� (�%�-� vatect: 1- /o , 19 � 1 Noim Coleman, Mayor Attest: Dated: , 19 Maritia Lazson, Duector of Finance and Management Service Approved as orm B .,��✓Uayvya-., Dated: f— L , 19 c '1 � _ Assistant City Attomey Regents of the University of Minnesata IC�� Nits Haselmo, President of the University � � Secretary of the Boazd of Regents Minneapolis Park and Recreafion Board Patrcicia Baker, President MPRB David Fisher, Secretary MPRB Approved as to Porm, Legality, aud Execution MPRB Attorney Dated: , 14 Dated: , 19 Dated: , 19 Dated: , 19 Dated: , 19 17 R� -3B Appendix A Legal Description of WMO � f ` �� SWIy on a curve line, concaved to the NW, to the intersection of the Siy eactension of Holmes Av S and � Wly e�ctension of W 39th St; th S along the Sly extension of Holmes Av S to the Wly e�rtension of W 4Qih St; th SEIy along a curve line, concaved to the SW, to the intersection of Kings I-Iighway and W 42nd St; th E along W 42nd St to Bryant Av S; th N along Bryant Av S to W 41st St; th E along W 41st St to Lyndale Av S; th 5 along Lyndale Av 5 to W 42nd St; th E along W 42nd St to Garfield Av S; th S along Garfield Av S to W 46th St; fh W along W 46th St to Aldrich Av S; th S along Aldrich Av S to W 47th St; th W along W 47th St to Bryant Av S; th S along Bryant Av S to W 49th St; th E along W 49th St to Harriet Av S; th S along Harriet Av S to W SOth St; th E along W and E SOth St to 2nd Av S: th N along 2nd Av S to E 42nd St; th E along E 42nd St to Chicago Av; th N along Chicago Av to E 41st St; th W along E 41st to the alley between Oakland and Park Avs; th N along said alley to E 40th St; th E along E 40th St to Chicago Av; th N along Chicago Av to E 38th St; th W along E 38th St to Oakland Av; th S along Oakland Av to E 39th St; th W along E 39th St to Portland Av; th N along Portland f1v to E 37th St; th E along E 37th St to Oakland Av; th N along Oakland Av to E 36th 5t; th E along E 36th St to Columbus Av; th N along Columbus Av to E 35th St; th W along E 35th St to Portland Av; th N along Portland Av to E 34th St; th W along E 34th 5t to 4th Av S; th N along 4th Av S to E 33rd St; th E along E 33rd St to the alley between 4th and Sth Avs S; th N along said alley to E 32nd St; th E along E 32nd St to Portland Av; th N along Portland Av to E 31st St; th E along E 31st St to i lth Av S; th N along I ith Av S to E 29th St; th E along E 29th St to 13th Av S; th S along 13th Av S to E Lake St; th E along E Lake St to 15th Av S; th S along I Sth Av S to E 32nd St; th E along E 32nd St to 18th Av S; th N along ; 18th Av S to E Lake St; th E along E Lake St to 21st Av S; th S along 21st Av S ta E 32nd St. th W along E 32nd St to 19th Av S; th S along 19th Av S to E 34th St; th E along E 34th St to 20th Av S; th S along --- 20th Av S to E 35th Si; th E along E 35th St to 23rd Av N; th S along 23rd Av S to E 36th St; th W along E 36th St to 22nd Av S; th S along 22nd Av S to E 37th St; th E atong E 37th St to 23rd Av S: th S along 23rd Av S to E 38th St; th E along E 38th St to Hiawatha Av; th 3Ely along Hiawatha Av to E 4fith St; th E along E 4bth St to Snelling Av; th NWIy along Snelling Av to E 45th St; th E along E 45th St to 42nd Av S; th N along 42nd Av S to E 44th St; th E along E 44th St to 45th Av S; th S along 45th Av S to E 46th St; th E along E 46th St to 46th Av S; th SEIy along the Ford Bridge to the center of the Mississippi River; th Nly along the City Limits to the pt of beginning and there terminating. � �� All the land lying within the following described boundaries: Commencing at the intersection of E Hennepin Av and the E City Limi#s of the City of Minneapolis; th N on said E City limits and its ]Vly ea�tension to 33rd Dr Av and Forest Lake Cutoff; th SWIy along Forest Lake Cutoff to 31st Av NE; th W[y along 31st Av NE to Rankin Dr; th N along Rankin Dr to 33rd Av NE; th W along 33rd Av NE to Silver Lake Rd; th N along Silver Lake Rd to 36th Av NE; th W along 36th Av NE to Edward St NE; th N along Edwazd St NE to 37th Av NE; th W along 37th Av NE and its Wly extension to the center of the 1Vfississippi River; th Nly along the center of the Mississippi River to the Ely eactension of 53rd Av N; th Wly along 53rd Av I3 to 7ames Av N; th S along 3ames Av N to 52 Av N; th E along 52 Av N to the alley between Humboldt Av N and Irving Av N; th S along said alley to 51st Av S; th E along 51st Av N to Humboldt Av N; th S on Tiumboldt Av N to SOth Av N; th E along SOth Av N to Fremont Av N; th S along Fremont Av N to 49th Av N; th E along 49th Av N to Emerson Av N; th S along Emerson Av N to 47th Av N; th E along 47ih Av N to alley between Co1faY e and Bryan Avs N; th S along said alley to 46th Av N; th E along 46th Av N to Camden Av N; th 5 along Camden Av N to 45th Av N; th E along 45th Av N to the center line of the Mississippi River; th Sly along the center line of the Mississippi River to the Ely extension of 41 st Av N; th W along 41 st Av N and its Ely e�ension to Bryant Av N; th N along Bryant Av N to 42nd Av N; th W along 42 Av N to Emerson Av N; th S along Emerson Av N to 41 st Av N; th E along 41 st Av N to Auporn Av N; th S along Dupont Av N to 39th Av N; th W along 39th Av I3 to Emerson Av N; th S along Emerson Av N to 38th Av N; th W along 38th Av N to Knox Av N; th S along Knox Av N to the center line between 36th and 37th Avs N; th E along said center line to Humboldt Av N; th S along Humboldt Av N to 35th Av N; th W along 35th Av N to James Av N; th N along 3ames Av N to 36th Av N; th W along 3bth Av N to Logan Av N; th S along Logan Av N to 35th Av N; th W along 35th Av N to Morgan Av N; th S along Morgan Av N to 33rd Av N; th E along 33rd Av N to the alley between James and Knox Avs N; th S along said alley to Lowry Av N; th E along Lowry Av N to James Av N; th S along 7ames Av N to 3�th Av N; th E along 30th Av N to Fremont Av N; th S along Fremont .Av N to 29th Av N; th W along 29th Av N to the alley between Fremont and Crirard Avs N; th S along said alley to 27th Av N; th W along 27th Av N to the alley between Humboldt and Irving Avs N; th S along said aIley to 26th Av N; th W along 26th Av N to Irving Av N; th S along Irving Av N to 25th Av N; th E along 25th Av N to Girazd Av N; th S along Crirard Av N to 23rd ��-�� : Av N; th W along 23rd Av N to Irving Av N; th NWIy along Iiving Av N to Ilion Av N; th SWIy along ` Ilion Av to Hillside Av; th NWiy along Hillside Av to the alley between 7ames and Logan Avs N; th SWIy � along said alley to the EW alley lying between Lots 72 and 73, Blk 19, Forest Heights Addn to Minneapolis; th Ely along last described alIey to W Broadway and Oliver Av N; th Sly along Oliver Av N to 21st Av N; th W along.2I Av N to Penn Av N; th S along Penn Av N ta center line between 16th and 17th Avs N th aze lying W of Penn Av N; th W atong said center line to Queen Av N; th S along Queen Av N to 14th Av N; th E along 14th Av N to Crirard Av N; th S along Girazd Av N to 12th Av N; Yh E along 12th Av N to Fremont Av N; th N along Fremont Av N to Piymouth Av N; th E along Plymouth Av N to Bryant Av N; th S along Bryant Av N to 12th Av N; th W along 12th Av N to the center line between Aidrich and Bryant Avs N; th S along the said center line to 7th St N; th SEIy along 7th 5t N to W Lyndale Av N; th Sly along W Lyndale Av N to 4th Av N; th E along 4th Av N to Border Av; th N along Border Av to 7th St N; th NWIy along 7th St N to E Lyndale Av N; th NEIy along E Lyndale Av N to State Highway #94, th NEIy along StaYe Highway #94 to Plymouth Av N; th E along Plymauth Av N to the W bank of the Mississippi River; th SEIy along the W bank of the IvTississippi River to 3rd Av N; th SWIy along 3rd Av N to 3rd St N; th NWIy along 3rd St N to 4th Av N; th SWIy along 4th Av N to 4th St N; th SEly along 4th St N to 3rd Av N; th SWIy along 3rd Av N to Holden St; th W along Holden St to l ith St N; th SWiy parallel with C N W RR r!w to Currie Av N; th E aiong Currie Av approx 165'; th S parailel with 12th St N to Chesmut Av; th W atong Chestnut Av to W Lyndale Av N; th SWIy along the M& St L RR r/w to Linden Av W; th SWIy alang Linden Av W to Wayzata Blvd; th S and SEIy along Wayzata Blvd to the Parade Stadium; th SWIy across The Pazade Stadium to the irnersection of Kenwood Pkwy and Emerson Av S; th SEIy along Emerson Av S to Groveland Ter; th Siy along Groveland Ter to Mount Curve Av; th Ely along Mount Curve Av to Colfax Av S; th S alo�g Colfaac Av S to Franklin Av E; th E along Frankiin Av E to Bryant Av S; th S atong Bryant Av S to W 26th St; th E along W 26th St to Garfield Av S; th N along Garfield Av S to W 25th St; th E along W 25th St to the alley between Blaisdell Av S and Pillsbury Av S; th S along said alley to W 26th St; th W along W 26ffi St to Pieasant Av; tin S along Pleasant Av to W 35ih St; th W along W 35th St to Coifax Av S; th N along Colfaac Av S to W 33rd St; th W along W 33rd St to Fremont Av S; th S along Fremont Av S to W 34th St; th W along W 34th St to Hennepin Av; th S along Aennepin Av.to W 35th St; th W along W 35th St to Irving Av S; th S along Irving Av S to the alley between Irving Av 3 and James Av S and W 35th St and W 36ih St; th W along said alley to James Av S; th S along James Av S and its Sly extension to a pt in Lakewood Cemetery that is distarit approx 100'S of W 36th St; th E parallei with W 36th St to the Siy ea{tension of Emerson Av S; th � � _: �_. �= � � � � � � � �� Appendix B � Map Delineating Subwatersheds � ! �T �:ii wv:�y: a:..�i. i.� � � .. r� «• ra .,�:rn rr �a ♦r i ix� L� WATERSHED MANAGEMENT 4RGA1vIZATIONS oao�� ,a. ises ��"�� uF��F� n�is'aissiavt w.r,�.e. =��c:�vi ce�u�nea4 r:ezcrrs; R.C� :��tK 1�.�.N.C. c o Si. ANTHONY �, ��i �°1 �1 1 � � � �� we�.�a+n �rucn�n'Iaec,�+rrux� y l, � 'ie' LL= ;FALCOt� ST. PAU� '£ �P � S.W. RAMSEY R'.M.C. E � fl �., �r � A�'U'IR.HAHA CR�IC �' i r::.. wx�rna� autu�vr aenncr� ��'� l `� � ( �..�_� ( ��iT. FAUI i �. . � ♦ � Appendix C :� Map Delineating the Boundaries of the WMO ;�