83-055 - 06-07 Approve Agreement Development Bassett CreekResolution 83-55
June 7, 1983
Member Anderson introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE CITY OF GOLDEN VALLEY EXECUTING
A JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT
OF A BASSETT CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN,
CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF BASSETT CREEK
WHEREAS, the City of Golden Valley, Minnesota, was one of the original
founders and has been a member of the Bassett Creek Flood Control Commission
since 1969; and
WHEREAS, the City of Golden Valley, Minnesota, is aware of the need to
adopt a surface water management program to preserve and use natural water
storage and retention systems to accomplish the following purposes mandated by
Minnesota Statutes Section 473.875: (a) to reduce to the greatest practical
extent the public capital expenditures necessary to control excessive volumes
and rates of runoff, (b) to improve water quality, (c) to prevent flooding and
erosion from surface flows, (d) to promote ground water recharge, (e) to protect
and enhance fish and wildlife habitat and water recreational facilities, and
(f) to secure the other benefits associated with the proper management of surface
water; and
WHEREAS, the Bassett Creek Flood Control Commission has completed extensive
planning activities and is well along in implementing its overall plan to carry
out the responsibilities assigned to them by a previous Joint and Cooperative
Agreement; and
WHEREAS, Minnesota Statutes Section 473.878, Subd. 2, requires that a
watershed management organization be established on or before June, 1984, and it
is deemed advisable to continue the work of the Bassett Creek Flood Control
Commission; and
WHEREAS, a Joint and Cooperative Agreement to carry out these purposes has
been prepared after much study and review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, as follows:
1. The Mayor and City Manager are hereby authorized and directed to execute
on behalf of the City of Golden Valley, Minnesota, the attached Joint
and Cooperative Agreement for the establishment of a Bassett Creek
Watershed Management Commission to plan, control, and provide for the
development of Bassett Creek.
2. The City Clerk is hereby directed to file a certified copy of this
resolution with the City Manager of the City of Golden Valley and to
carry out any and all other responsibilities necessary to adopt the
Joint Powers Agreement and make it a legally binding contract with the
other eight municipalities in the watershed for the management of
Bassett Creek. The approval of the agreement attached as Exhibit A is
conditioned upon the approval of the same document by the other eight
municipalities which are presently partially or entirely within the
Bassett Creek watershed.
Resolution 83-55 - Continued
Roserlary Thoirsen, a
ATTEST:
J Nal , Deputy City Clerk
June 7, 1983
The notion for the adoption of the foregoing resolution was seconded by Member
Johnson and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Johnson, Stockman and Thorsen, and the following was
absent: Mitchell, and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted, signed by the Mayor and
her signature attested by the Deputy City Clerk.
Exhibit ";1"
JOINT AND COOPERATIVE AGREEMENT FOR
THE ESTABLISHMENT OF A BASSETT CREEK
WATERSHED MANAGEMENT COMMISSION TO PLAN,
CONTROL AND PROVIDE FOR THE DEVELOPMENT
OF BASSETT CREEK
PREFACE
In 1968, the nine cities with land in the Bassett Creek watershed entered into
a joint powers agreement which established the Bassett Creek Flood Control Commission.
For the past 14 years the Commission, consisting primarily of citizen volunteers and
citv staff members who have volunteered their time, have worked long and hard to
achieve the goals set forth when the commission was established. An overall watershed
management plan was prepared and approved after public hearings. The Commission
has included the United States Army Corps of Engineers in their planning and has
obtained the support and aid of all United States Senators and Congressional
Representatives representing the member cities. In 1976 the Commission and the
Co ps of Engineers were successful in having Bassett Creek included in the 1976 hater
Resource- Development Act (Section 173 Public Law 94-587). The Board of Engineers
for Rivers and Harbors submitted a favorable report to the Secretary of the Army on
March 30, 1977. The Secretary of the Army has by letter under date of June 19,
1978 notified the U. S. Congress of the approval of the Chief of Engineers.
The Bassett Creek Flood Control Commission has participated with the Minnesota
Department of Transportation, the Federal Highway Administration, the City of
Minneapolis and the Corps of Engineers in the planning and construction of a deep
tunnel in Minneapolis which is designed to carry Bassett Creek under a portion of the
City of Minneapolis. The Commission has held hearings and approved and ordered
upstream construction in the cities of Golden Valley and Crystal. The local share of
these costs is being paid by the nine member communities pursuant to an agreement
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consistent with the funding requirements set forth in Articles VII and VIII of the joint
powers agreement which has been in effect from 1988 to 1983. The prior joint powers
agreement contained the following "Statement of Intent":
STATEMENT OF INTENT REGARDING
AGREEMENT
"Bassett Creek leaves Medicine Lake and flows generally eastward
through the Village of Medicine Lake, Plymouth, Golden Vallev and into
the City of Minneapolis. In Minneapolis, the creek is channeled into a
conduit and runs underground to the Mississippi River to its eventual
outfall. As the creek runs through the aforementioned communities it
collects storm waters and in effect acts as the storm sewer for a large
densely populated area and large unpopulated area. It also carries waters
channeled to it or naturally flowing to it from the Villages of Minnetonka
and New Hope and the Cities of Crystal, Robbinsdale, and St. Louis Park.
For a long time the improvement and development of this creek
to carry the increased quantity of storm water has been needed to allow
for the orderly planning and development of the up -stream communities
who must rely on the creek as the outfall for storm waters collected or
naturally flowing from areas within these communities. As the com-
munities contributing water to the creek have grown, and the lands
naturally draining into the creek have been covered with buildings and
hard surfaced areas, the ability of the creek and its appurtenant facilities
to accommodate the water has diminished. Studies have been conducted
by the municipalities both individually and collectively and a study has
been made by the United States Corps of Army Engineers. The threat
of flood damage increases each year with the increased use of land in
the watershed area.
The nine member communities have been meeting over a number
of years in an effort to solve the storm water problems in the watershed
drained by Bassett Creek. Each year it becomes more apparent that
solutions must be sought to allow for a more orderly and efficient planning
of the area and to allow the individual communities to plan storm sewer
facilities which must be constructed to serve lands within the individual
communities. It is also apparent to all nine municipalities that planning
and construction to control the Bassett Creek cannot be done on the basis
of each community looking at its individual problems. The creek down-
stream must be improved to accommodate the waters which will eventually
be channeled and diverted to the outfall. To determine the downstream
improvements it is necessary to know how much water will be contributed
by the individual communities upstream and how much storm water will
be retained in ponding areas upstream and the area of lands within the
watershed which will be controlled by the individual communities as "open
lands" and which will not contribute as much storm water as lands which
are developed residentially, commercially, or for industrial purposes.
YAM
All of the nine communities within the Bassett Creek watershed
recognize the aforestated problems. In seeking solutions to the overall
drainage problem it becomes apparent that the only way the problems
can be solved is by joint planning, joint cooperation, joint financing and
a sincere desire on the part of each community to solve the overall
drainage problem within the watershed. This means that some agency,
commission, district, corporation, political subdivision, or other vehicle
must be found to plan and finance improvements and to control the
development of lands within the watershed. Chapter 112 of the Minnesota
Statutes provides for the formation of a watershed district with the powers
and duties of conserving and controlling water and watercourses within a
watershed. The creation of such a district creates a new political
sutrdivision with the power to sue or be sued, to incur debts, liabilities
and obligations, to exercise the powers of eminent domain, to provide for
assessments, to borrow money and issue bonds and to do all other acts
necessary to carry out the powers vested in the district by said Chapter
112. The managers of the district would be appointed by the Minnesota
Water Resources Board and subsequent appointments would be by the
Board of County Commissioners of Hennepin County_ . It is the belief of
the parties to this agreement that the creation of such a district would
remove control one step further from the electorate and the residents of
this watershed area who ultimately would pay the costs of the aforesaid
improvements. It would also create another political subdivision which
would have to plan and work with the individual parties to this agreement
to solve the storm water and drainage problems within the watershed.
The purpose of this statement of intent regarding the agreement
is to clarify and establish for any court of review or any arbitrator or
for the elected successors to the representatives who have entered into
this agreement, the reasons and purposes for this joint and cooperative
agreement. The parties to this agreement realize that the success or
failure of the Bassett Creek Flood Control Commission created by this
agreement is dependent upon the sincere desire of each member community
to cooperate in the exercise of a joint power to solve a joint problem.
Each party to this agreement pledges this cooperation."
It is the intent of this agreement to carry forward the same purposes as
aforestated and to restructure and rename the Commission in accordance with the
provisions of Chapter 509 Minnesota Laws of 1982. This agreement shall establish a
Watershed Management Organization in accordance with the provisions of the Metro-
politan Surface Water Management Act as set forth in Minnesota Statutues, 1982
Sections 473.875 to and including 473.883. The organization hereby created shall have
all of the powers and responsibilities set forth in said statutes for the Bassett Creek
Watershed. The purpose of the organization shall be to assist the 9 member communities
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to preserve and use natural water storage and retention systems to:
1. Reduce to the greatest practical extent the public capital expenditure
necessary to control excessive volumes and rates of runoff.
2. To improve water quality within the watershed.
3. To prevent flooding and erosion from surface flows.
4. To promote ground water recharge.
5. To protect and enhance fish and wildlife habitat and water recreational
facilities.
6. To secure other benefits associated with the proper management of surface
water.
7. To promote and encourage cooperation among member cities in coordinating
local surface water plans and to be aware of their neighbor's problems and to protect
the public health, safety and general welfare.
8. To continue the work of the Bassett Creek FIood Control Commission and
to carry out the plans, policies and programs developed by said Commission from 1968
to 1983.
JOINT AND COOPERATIVE AGREEMENT
The parties to this agreement are governmental units of the State of Minnesota,
all of which have lands which drain surface water into Bassett Creek and all of which
have power to construct, reconstruct, extend and maintain storm drainage facilities.
This agreement is made pursuant to the authority conferred upon the parties by
Minnesota Statutes 1982 Sections 471.59 and 473.875 to and including Section 473.883.
NAME
1.
The parties hereto create and establish the Bassett Creek Hater Management
Commission.
GENERAL PURPOSE
II .
The general purpose of this agreement is to provide an organization which can
investigate, study, plan and control the construction of facilities to drain or pond storm
Haters, to alleviate damage by flood waters; to improve the creek channel for drainage;
to assist in planning for land use; to repair, improve, relocate, modify, consolidate or
abandon, in whole or in part, drainage systems within the watershed area; to do
whatever is necessary to assist in water conservation and the abatement of water
pollution. In addition to the aforestated purposes, the organization hereby created
shall serve as the Watershed Management organization for the Bassett Creek watershed
and shall carry out all the duties and responsibilities outlined in Minnesota Statutes,
Section 473.875 through 473.883, both inclusive.
DEFINITIONS
III.
For the purposes of this agreement, the terms used herein shall have the meanings
as defined in this article.
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Subdivision 1. "Commission" means the organization created by this agreement
the full name of which is "Bassett Creek Watershed Management Commission". It
shall be a public agency of its members.
Subdivision 2. "Board" means the board of commissioners of the Commission,
consisting of one commissioner or one alternate commissioner from each of the
governmental units which is a party to this agreement and which shall be the governing
bodv of the Commission.
Subdivision 3. "Council" means the governing body of a governmental unit which
is a member of this Commission.
Subdivision 4. "Governmental Unit" means any city, county or town.
Subdivision 5. "'Member" means a governmental unit which enters into this
agreement.
Subdivision 6. "Bassett Creek Watershed" means the area contained within a
line drawn around the extremities of all terrain whose surface drainage is tributary
to Bassett Creek and within the mapped areas delineated on the map filed with the
Water Resources Board pursuant to 'Minnesota Statutes, 473.877 Suhd. 2.
MEMBERSHIP
IV.
The membership of the Commission shall consist of all of the following govern-
mental units as shall elect, through resolution or ordinance adopted by their respective
Councils, to become members:
City of Crystal
City of Golden Valley
City of Medicine Lake
City of Minneapolis
10
Citv
of
Minnetonka
Citv
of
New Hope
City
of
Plymouth
City
of
Robbinsdale
City
of
St. Louis Park
(The foregoing list is intended to include all governmental units which are presently
partially or entirely within the Bassett Creek watershed.)
No change in governmental boundaries, structure or organizational status shall
affect the eligibility of any governmental unit listed above to be represented on the
Commission, so long as such governmental unit continues to exist as a separate political
subdivision.
BOARD OF COMMISSIONERS
V.
Subdivision 1. The governing body of the Commission shall be its Board. Each
member shall be entitled to appoint one representative on the board, and one alternate
who rnav sit when the representative is not in attendance and said representative or
alternate representative shall be called a "Commissioner".
Subdivision 2. The council of each member shall determine the eligibility or
qualification of its representative on the Commission but the terms of each Com-
missioner shall be as established by this agreement.
Subdivision 3. The term of each Commissioner and Alternate Commissioner
appointed by each member shall be three years and until their successors are selected
and qualify and shall commence on February 1, except that the terms of the Com-
missioners first appointed shall commence from the date of their appointment and shall
terminate as follows:
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a. The Commissioners appointed by the Cities of Crystal, Golden Valley
and Medicine Lake shall terminate on February 1, 1985.
b. The Commissioners appointed by the Cities of Minneapolis, Minnetonka
and New Hope shall terminate on February 1, 1986.
c. The Commissioners appointed by the Cities of Plymouth, Robbinsdale
and St. Louis Park shall terminate on February 1, 1984. Any vacancy shall be filled
for the unexpired term of any Commissioner by the council of the governmental unit
of the member who appointed said Commissioner.
Subdivision 4. The council of each member agrees that its representative
commissioner will not be removed from the Board prior to the expiration of his term,
unless said Commissioner consents in writing or unless said council has presented the
Commissioner with charges in writing and has held a public hearing after reasonable
notice to the Commissioner. A certified copy of the Council's Resolution removing
said Commissioner shall be filed with the Secretary of the Board of Commissioners
and shall show compliance with the terms of this section.
Subdivision 5. Each member shall within 30 days of appointment file with the
Secretary of the Board of Commissioners a record of the appointment of its Com-
missioner.
Subdivision +5. Commissioners shall serve without compensation from the
Commission, but this shall not prevent a governmental unit from providing compensation
for its Commissioner for serving on the board, if such compensation is authorized by
such governmental unit and by law.
Subdivision 7. At the first meeting of the Board and in February of each year
thereafter, the Board shall elect from its Commissioners a chairman, a vice chairman,
a secretary, a treasurer, and such other officers as it deems necessary to conduct its
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meetings and affairs. At the organizational meeting or as soon thereafter as it may
be reasonably done, the Commission shall adopt rules and regulations governing its
meetings. Such rules and regulations may be amended from time to time at either a
regular or a special meeting of the Commission provided that a ten day prior notice
of the proposed amendment has been furnished to each person to whom notice of the
Board meetings is required to be sent; a majority vote of all eligible votes of the
then existing members of the Commission shall be sufficient to adopt any proposed
amendment to such rules and regulations.
POKERS AND DUTIES OF THE BOARD
VI.
Subdivision 1. The Commission, acting by its duly appointed Board of Com-
missioners, shall as it relates to flood control, water quality, ground water recharge
and water conservation and other duties as set forth in Chapter 509, :Minnesota Laws
of 1982 and construction of facilities of Bassett Creek have the powers and duties set
out in this article.
Subdivision 2. It may employ such persons as it deems necessary to accomplish
its duties and powers. Any employee may be on a full time, part time or consulting
basis as the Board determines.
Subdivision 3. It may contract for space and for material and supplies to carry
on its activities either with a member or elsewhere.
Subdivision 4. It may acquire necessary personal property to carry out its powers
and its duties.
Subdivision 5. It shall develop an overall plan containing a capital improvement
program within a reasonable time after qualifying, and said plan shall meet all of the
requirements as established in Minnesota Statutes, Section 473.878. Said overall plan
shall establish a comprehensive goal for the development of Bassett Creek and shall
establish a proposed procedure for accomplishing the purposes of the organization as
set forth in Article D.
100
In preparing the overall plan, the board may colt with the engineering and
planning staff of each member governmental unit. It may consult with the Metropolitan
Council and other public and private bodies to obtain and consider projections of land
use, population growth, and other factors which are relevant to the improvement and
development of the Bassett Creek watershed.
Said overall plan shall include the location and adequacy of the outlet or outfall
of said Bassett Creek. The plan shall include the quantity of storage facilities and
the sizing of an adequate outlet for all branch lateral storm sewers within the Bassett
Creek watershed.
Upon completion of the overall plan, the Board shall supply each member with
a copy of the proposed plan and shall submit the plan for review and comment to
Hennepin Countv, all soil and water conservation districts in Hennepin County and to
all statutory and home rule charter cities having territory within the watershed. All
governmental units which expect that substantial amendment of its local comprehensive
plan will be necessary in order to bring their local water management into conformance
with the Commission's watershed plan shall describe as specifically as possible, the
amendments to the local plan which it expects will be necessary. The Commission
shall hold a public hearing after 60 days mailed notice to the clerk of each member
governmental unit. The mailed notice of the hearing shall be sent at the same time
the plan is submitted to the members and to other governmental agencies. After such
public hearing, the board shall prescribe the overall plan which shall be the outline
for future action by the Commission.
The Commission shall then submit the plan, any comments received and any
appropriate amendments to the plan to the Board of Commissioners of Hennepin County.
The County shall approve or disapprove projects in the capital improvement program
which may require the provision of county funds pursuant to Minnesota Statrutes Section
112.60 Subd. 2 or Section 473.883. The County shall have 60 days to complete its
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review. If the County fails to complete its review within 60 days the plan and capital
improvement program shall be deemed approved.
After
completion of
the review
by
Hennepin County,
the plan
and
capital
improvement
program shall
be submitted
to
the Metropolitan
Council for
its
review.
After completion of the review by the Metropolitan Council pursuant to Minnesota
Statutes, Section 473.17 5, the Commission shall submit the plan to the Minnesota
Commissioner of Natural Resources and the Minnesota Pollution Control Agency for
review and comment on the consistency of the plan with state laws and rules relating
to water and related land resources and to the Minnesota Nater Resources Board for
review as provided in Minnesota Statutes, Section 112.46.
After return of the plan, the Commission shall submit to each of its members
a copy of the plan and all comments of reviewing authorities. The Commission shall
wait for at least 30 days for comments from the members.
The Commission shall adopt the overall plan within 120 days after approval of
the plan by the Minnesota hater Resources Board. The Commission shall then implement
the approved plan and approved capital improvement program by resolution of the
Com:i,ission as hereinafter set forth. The adoption of said overall plan shall be only
upon a favorable vote of 2/3rds of all eligible votes of the then existing members of
the Commission. A copy of the adopted plan shall be filed with the clerk of each
member governmental unit. Upon notice and hearing as provided for in adopting the
overall plan, said plan may be amended by the board on its own initiative or on the
petition of any member governmental unit.
The review provisions set forth in this section are those required by Minnesota
Statutes, Section 473.878. If the law is amended, approvals shall be as required by
law and the provisions contained in this section shall be amended accordingly.
Subdivision 6. It shall make necessary surveys or utilize other reliable surveys
and data and develop projects to accomplish the purposes for which the Commission
is organized.
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Subdivision 7. It may cooperate or contract with the State of Minnesota or
any subdivision thereof or federal agency or private or public organization to accomplish
the purposes for which it is organized.
Subdivision 8. It may order any member governmental ung, ur units to construct,
clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of
any ditch, drain, storm sewer, water course, natural or artificial, within the Bassett
Creek watershed.
Subdivision 9. It may order any member governmental unit or units to acquire,
operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other
improvements necessary to implement the overall plan.
Subdivision 10. It shall regulate, conserve and control the use of storm and
surface water within the Bassett Creek watershed.
Subdivision 11. It may contract for or purchase such insurance as the board
deems necessary for the protection of the Commission.
Subdivision 12. It shall establish and maintain devices for acquiring and recording
hydrological and water quality data within the Bassett Creek watershed.
Subdivision 13. It may enter upon lands within or without the watershed to
make survevs and investigations to accomplish the purposes of the Commission. The
Commission shall be liable for actual damages resulting therefrom but every person
who claims damages shall serve the Chairman or Secretary of the Board of Com-
missioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota
Statutes.
Subdivision 14. It shall provide any member governmental unit with technical
data or any other information of which the Commission has knowledge which will assist
the governmental unit in preparing land use classifications or local water management
plans within the watershed.
Subdivision 15. It may provide legal and technical assistance in connection with
litigation or other proceedings between one or more of its members and any other
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political subdivision, commission, board or agency relating to the planning or construction
of facilities to drain or pond storm waters or relating to water quality within the
Bassett Creek watershed. The use of commission funds for litigation shall be only
upon a favorable vote of a majority of the eligible votes of the then existing members
of the Commission.
Subdivision 16. It may accumulate reserve funds for the purposes herein
mentioned and may invest funds of the Commission not currently needed for its
operations, in the manner and subject to the laws of Minnesota applicable to statutory
cities.
Subdivision 17. It may collect monies, subject to the provisions of this agreement,
from its members, Hennepin County and from any other source approved by a majority
of its board.
Subdivision 18. It may make contracts, incur expenses and make expenditures
necessary and incidental to the effectuation of these purposes and powers and may
disburse therefor in the manner hereinafter provided.
Subdivision 19. It shall cause to be made an annual audit of the books and
accounts of the commission and shall make and file a report to its members at least
once each year including the following information:
a. the financial condition of the commission;
b. the status of all commission projects and work within the watershed;
C. the business transacted by the commission and other matters which
affect the interests of the commission.
Copies of said report shall be transmitted to the clerk of each member governmental
unit.
Subdivision 20. Its books, reports and records shall be available for and open
to inspection by its members at all reasonable times.
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Subdivision 21. It may recommend changes in this agreement to its members.
Subdivision 22. It may exercise all other powers necessary and incidental to
the implementation of the purposes and powers set forth herein and as outlined and
authorized by Minnesota Statutes, Sections 473.875 through 473.883.
Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner
of Natural Resources and the Director of the Division of haters, Soils and Minerals
of the Department of Natural Resources in obtaining permits and complying with the
requirements of Chapter 105 of the Minnesota Statutes.
Subdivision 24. Each member reserves the right to conduct separate or concurrent
studies on any matter under study by the Commission.
METHOD OF PROCEEDING
VII.
Subdivision I. The procedures to be followed by the board in carrying out the
powers and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be
as set forth in this article.
Subdivision 2. The Commissioners shall be the same as those serving as
Commissioners and Alternate Commissioners for the predecessor Bassett Creek Flood
Control Commission. TThe board shall immediately proceed to prepare the overall
plan as set
forth in
Article VI, Subdivision 5.
Upon adoption
of said
overall plan, the
board shall
proceed
to implement said plan,
and this implementation
may be ordered
by stages.
Subdivision 3. The Bassett Creek Watershed Management Commission shall be
the successor to the Bassett Creek Flood Control Commission. All personal property,
money, bank accounts, records or any other thing of value and on hand with the Bassett
Creek Flood Control Commission shall be transferred to the Bassett Creek Watershed
Management Commission.
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Subdivision 4. The location and adequacy of the outlet for Bassett Creek shall
be determined and the Commission shall then prepare plans which will provide capacity
to outlet the surface waters which will be collected within the Bassett Creek watershed.
In determining the necessary capacity for said outlet, the Commission shall take into
consideration the quantity of land within the watershed which each member governmental
unit has to pond or act as a reservoir for surface waters. It shall consider only lands
which are under public ownership or under public control and that will be perpetually
dedicated to acting as a reservoir for surface waters. The commission may require
from each member governmental unit a commitment in writing of the lands which
shall be so dedicated, including a legal description of the gross area and the capacity
in acre feet of water storage. No project which will channel or divert additional
waters to Bassett Creek shall be commenced by any member governmental unit prior
to approval of the board of the design of an adequate outlet or of adequate storage
facilities. The adequacy of said outlet shall be determined by the board after
consultations with its professional engineers.
Subdivision 5. All construction, reconstruction, extension or maintenance of
Bassett Creek, including outlets, lift stations, dams, reservoirs, or other appurtenances
of a surface water or storm sewer system which involve construction by or assessment
against any member governmental unit or against privately or publicly owned land
within the watershed shall follow the statutory procedures outlines in Chapter 429 of
the Minnesota Statutes except as herein modified. The Board shall secure from its
engineers or some other competent person a report advising it in a preliminary way
as to whether the proposed improvement is feasible and as to whether it shall best
be made as proposed or in connection with some other improvement and the estimated
cost of the improvement as recommended.
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The board shall then hold a public hearing on the proposed improvement after
mailed notice to the clerk of each member governmental unit. The Commission shall
not be required to mail or publish notice except by said notice to the clerk. Said
notice shall be mailed not less than 45 days before the hearing, shall state the time
and place of the hearing, the general nature of the improvement, the estimated total
cost and the estimated cost to each member governmental unit. The board may adjourn
said hearing to obtain further information, may continue said hearing pending action
of the member governmental units or may take such other action as it deems necessary
to carry out the purposes of this Commission.
To order the improvement, in accordance with the powers and duties established
in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order shall require
a favorable vote by two-thirds of all eligible votes of then existing board of the
Commission. The order shall describe the improvement, shall allocate in percentages
the cost allocation between the member governmental units, shall designate the engineers
to prepare plans and specifications, and shall designate the member who will contract
for the improvement in accordance with Subdivision 7 of this Article.
After the board has ordered an improvement or if the hearing is continued while
the member governmental units act on said proposal, it shall forward said preliminary
report to all member governmental units with an estimated time schedule for the
construction of said improvement. The board shall allow an adequate amount of time,
and in no event less than 45 days, for each member governmental unit to conduct
hearings, in accordance with the provisions of the aforestated Chapter 429 or the
charter requirements of any city, or to ascertain the method of financing which said
member governmental unit will utilize to pay its proportionate share of the costs of
the improvement. Each member governmental unit shall ascertain within a period of
90 days the method it shall use to pay its proportionate share of the costs.
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If the Commission proposes to utilize Hennepin County's bonding authority as
set forth in Minnesota Statutes, Section 473.883, or if the Commission proposes to
certify all or any part of a capital improvement to Hennepin County for payment,
then and in that event all proceedings shall be carried out in accordance with the
provisions set forth in said Section 473.883.
The board shall not order and no engineer shall prepare plans and specifications
before the board has adopted a resolution ordering the improvement. The board may
order the advertising for bids upon receipt of notice from each member governmental
unit who will be assessed that it has completed its hearing or determined its method
of payment or upon expiration of 90 days after the mailing of the preliminary report
to the members.
Subdivision 6. Any member governmental unit being aggrieved by the determi-
nation of the board as to the allocation of the costs of said improvement shall have
30 days after the commission resolution ordering the improvement to appeal said
determination. Said appeal shall be in writing and shall be addressed to the board
asking for arbitration. The determination of the member's appeal shall be referred to
a Board of Arbitration. The Board of Arbitration shall consist of three persons; one
to be appointed by the Board of Commissioners, one to be appointed by the appealing
member governmental unit, and the third to be appointed by the two so selected. In
the event the two persons so selected do not appoint the third person within 15 days
after their appointment, then the Chief Judge of the District Court of Hennepin County
shall have jurisdiction to appoint, upon application of either or both of the two earlier
selected, the third person to the board. The third person selected shall not be a
resident of any member governmental unit and if appointed by the Chief Judge said
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person shall be a registered professional engineer. The arbitrators' expenses and fees,
together with the other expenses, not including counsel fees, incurred in the conduct
of the arbitration shall be divided equally between the Commission and the appealing
member. Arbitration shall be conducted in accordance with the Uniform Arbitration
Act, Chapter 572 of the Minnesota Statutes.
Subdivision 7. Contracts for Improvements. All contracts which are to be let
as a result of the board's order to construct, clean, repair, alter, reclaim or change
the course or terminus of any ditch, drain, storm sewer, watercourse, or to acquire,
operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to
carry out any of the other provisions of the plan as authorized by Minnesota Statutes,
Section 473.879, and for which two or more member governmental units shall be
responsible for the costs, shall be let in accordance with the provisions of Section
429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be
let by any one of the member governmental units, as ordered by the Board of
Commissioners, after compliance with the statutes. All contracts and bidding procedures
shall comply with all the requirements of law applicable to contracts let by a statutory
city in the State of Minnesota.
The Commission shall not have the authority to contract in its own name for
any improvement work for which a special assessment will be levied against any private
or public property under the provisions
of Chapter
429 or
under
the provisions of any
Citv charter. These contracts shall be
awarded by
action
of the
council of a member
and shall be in the name of a member governmental unit. This section shall not
preclude the Commission from proceeding under Minnesota Statutes, Section 473.883.
Subdivision 8. Contracts with Other Governmental Bodies. The Commission
may exercise the powers set forth in Article VI, Subdivision 7, but said contracts shall
require a favorable vote of two-thirds majority of the eligible votes of the then existing
members of the Commission.
-18-
Subdivision 9. Supervision. All improvement contracts awarded under the
provisions of Subdivision 7 of this Article shall be supervised by the member govern-
mental unit awarding said contract or said member governmental unit may contract
or appoint any qualified staff member or members of the Commission to carry out
said supervision, but each member agrees that the staff of this Commission shall be
authorized to observe and review the work in progress and the members agree to
cooperate with the Commission staff in accomplishing the purposes of this Commission.
Representatives of the Commission shall have the right to enter upon the place or
places where the improvement work is in progress for the purpose of making reasonable
tests and inspections. The staff of this Commission shall report and advise and
recommend to the board on the progress of said work.
Subdivision 10. Land Acquisition. The Commission shall not have the power
of eminent domain. The member governmental units agree that any and all easements
or interest in land which are necessary will be negotiated or condemned in accordance
with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located,
end each member agrees to acquire the necessary easement or right of way or partial
or complete interest in land upon order of the Board of Commissioners to accomplish
the purposes of this agreement. All reasonable costs of said acquisition shall be
considered as a cost of the improvement. If a member governmental unit determines
it is in the best interests of that member to acquire additional lands, in conjunction
with the taking of lands for storm and surface drainage or storage, for some other
purposes, the costs of said acquisition will not be included in the improvement costs
of the ordered project. The board in determining the amount of the improvement
costs to be assessed to each member governmental unit may take into consideration
the land use for which said additional lands are being acquired and may credit the
acquiring municipality for said land acquisition to the extent that it benefits the other
members of this agreement. Any credits may be applied to the cost allocation of the
-19-
improvement project under construction or the board if feasible and necessary may
defer said credits to a future project.
If any member unit refuses to negotiate or condemn lands as ordered by the
board, any other member may negotiate or condemn outside the corporate limits of
that member in accordance with the aforesaid Chapter 117. All members agree that
they will not condemn or negotiate for land acquisition to pond or drain storm and
surface waters within the corporate boundaries of another member within the Bassett
Creek watershed except upon order of the board of this Commission.
The Commission shall have authority to establish land acquisition policies as a
part of the overall plan. The policies shall be designed to equalize costs of land
throughout the watershed. Said policy is contained in the existing watershed management
plan and may be continued in the new plan required by Minnesota Statutes, Section
473.878.
Subdivision 11. Pollution Control And Water Quality. The Commission shall
have the authority and responsibility to protect and improve water quality in the
watershed as this is one of the main purposes set forth in the Surface Water Management
Act. All member governmental units agree that they will refuse to allow the drainage
of sanitary sewage or industrial wastes into any watercourse or storm sewer draining
into Bassett Creek. The board may investigate on its own initiation or shall investigate
upon petition of any member all complaints relating to pollution of Bassett Creek or
its tributaries. Upon a finding that the creek or surface waters are being polluted,
-20-
the board shall order the member governmental unit to abate this nuisance and each
member agrees that it will take all reasonable action available to it under the law to
alleviate the pollution and to assist in protecting and improving the water quality of
surface water in the watershed.
Subdivision 12. Local Water Management Plans. The Commission shall have
power and authority to review the members' local water management plans, capital
improvement programs and official controls required by Minnesota Statutes 473.879.
The members also understand that the overall plan and capital improvement program
required by the entire watershed must consist of the local parts in the plan and
therefore every effort shall be made by the Commission to coordinate the local plans
with the watershed overall plan. The members further understand and agree that upon
completion and approval of the overall plan required by Minnesota Statutes 473.878,
each member will be required to present their local management plan to the Commission
as required by Minnesota Statutes, Section 473.879. It is therefore important that
each member provide the Commission with their best effort to coordinate and plan
for the individual member's local plan at the same time the watershed overall plan is
being assembled.
FINANCES
VIII.
Subdivision I. The Commission funds may be expended by the board in accordance
with this agreement and in accordance with the procedures as established by law and
in the manner as may be determined by the board. The board shall designate one or
more national or state bank or trust companies, authorized by Chapters 118 and 427
of the Minnesota Statutes to receive deposits of public moneys and to act as depositories
for the Commission funds. In no event shall there be a disbursement of Commission
-21-
funds without the signature of at least two board members, one of whom shall be the
Treasurer or his Authorized Deputy Treasurer.
The Treasurer shall be
required
to file
with the secretary of the board a bond in the
sum of at least $10,000
or such
higher
amount as shall be determined by the board. The Commission shall pay the premium
on said bond.
Subdivision 2. The members agree to contribute all cash, bank deposits, and
other assets held by the Bassett Creek Flood Control Commission to the new Bassett
Creek Watershed Management Commission to carry out the purposes of the Commission.
Each member governmental unit has contributed its proportionate share of said funds
based on the assessed valuation and area of all taxable property within the Bassett
Creek watershed.
Subdivision 3. Each member agrees to contribute each year to a general fund,
said fund to be used for general administration purposes including, but not limited to:
salaries, rent, supplies, development of an overall plan, insurance, bonds, and to purchase
and maintain devices to measure hydrological and water quality data. Said funds may
also be used for normal maintenance of the facilities, but anv extraordinary maintenance
or repair expense shall be treated as an improvement cost and processed in accordance
with Subdivision 4 of this Article. The annual contribution by each member shall be
based on fifty percent (50%) on the assessed valuation of all property within the
watershed and fifty percent (50%) on the basis of the total area of each member
within the boundaries of the watershed each year to the jtotal area in the Bassett
Creek watershed. In no event shall any assessment required a contribution to exceed
one-half of a mill on each dollar of assessed valuation within the watershed.
-22-
Subdivision 4.
(a) An improvement fund shall be established for each improvement project
instituted under Article VII, Subdivision 5. --ach member agrees to contribute to said
funds its proportionate share of the engineering, legal and administrative costs as
determined by the amount to be assessed against each member as a cost of the
improvement. The board shall submit in writing a statement to each member, setting
forth in detail the expenses incurred by the Commission for each project.
Each member further agrees to pay to or contract with the member governmental
unit awarding said contract for the improvement, its proportionate share of the cost
of the improvement in accordance with the determination of the board under Article
VII, Subdivision 5. The member awarding the contract shall,, submit in writing copies
of the engineer's certificate authorizing payment during consltruction and the member
being billed agrees to pay its proportionate share of said improvement costs within 30
days after receipt of the statement. The member awarding the contract shall advise
other contributing members of the tentative time schedule of the work and the estimated
times when the contributions shall be necessary.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, the
Commission may by a vote of 2/3rds of all eligible votes of the then existing members
of the Commission decide to proceed to fund all or any part of the cost of a capital
improvement contained in the capital improvement program of the plan pursuant to
the authority and subject to the provisions set forth in Minnesota Statutes, Section
473.883. The Commission and Hennepin County may establish a maintenance fund to
be used for normal and routine maintenance of an improvement constructed in whole
or in part with money provided by Hennepin County pursuant to Minnesota Statutes,
Section 473.883. The levy and collection of an ad valorem tax levy for maintenance
shall be by Hennepin County based upon a tax levy resolution adopted by a 2/3rds
vote of all eligible members of the Commission and remitted to the County on or
before October 1st of each year.
-23-
If it is determined to levy for maintenance, the Commission shall be required to follow
the hearing process established by Minnesota Statutes, Section 112.611 and acts amend-
atory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of
each member municipality at least 30 days prior to the hearing.
Subdivision 5. On or before July 1 of each year, the board shall adopt a detailed
budget for the ensuing year and decide upon the total amount necessary for the general
fund. Budget approval shall require a favorable vote by two-thirds of all eligible votes
of then existing members of the board.
The secretary of the board shall certify the budget on or before July 1 to the
clerk of each member governmental unit together with a statement of the proportion
of the budget to be provided by each member.
The
Council of
each
member agrees it will
review the
budget, and the
board
shall upon
notice from
any
member received prior
to August 1,
hear objections
to the
budget, and may, upon notice to all members and after a hearing, modify or amend
the budget, and then give notice to the members of any and all modifications or
amendments.
Each member agrees to provide the funds required by the budget and said
determination shall be conclusive if no member enters objections in writing on or
before August I. If no objections are submitted to the board, each member agrees
to provide the funds approved by the board, after the board has conducted the
aforementioned hearing. Modifications or amendments to the original budget require
a favorable vote by a majority of all eligible voters of then existing members of the
board.
The budget shall not in any event require any member to contribute in excess
of one-half of a mill on each dollar of assessed valuation of all taxable property within
the watershed and within said members corporate boundaries.
-24-
The schedule of payments by the members shall be determined by the board in
such a manner as to provide for an orderly collection of the funds needed.
Upon notice and hearing, the board by a favorable vote of three-fourths of all
eligible votes of then existing members may adopt a supplemental budget requiring
additional payments by the members within 60 days of its adoption but in no event
shall the budget require any member to contribute in excess of one-half of a mill on
each dollar of assessed valuation of all taxable property within the watershed or within
any member's corporate boundaries in any one calendar year.
Subdivision 6. Cost Allocation. All capital costs incurred by the Commission
shall be apportioned to the respective members on either (1) or (2) of the following
bases:
(1) (a) Fifty percent of all capital costs or the financing thereof shall be
apportioned to each member on the basis of the real property
valuation of each member within the boundaries of the watershed
each year to the total real property valuation in the Bassett Creek
watershed.
(b) Fifty percent of all capital costs or the financing thereof shall be
apportioned to each member on the basis of the total area of each
member within the boundaries of the watershed each year to the
total area in the Bassett Creek watershed.
(c) Credits to any member for lands acquired by said member to pond
or store storm and surface water.
(2) If the project is constructed and financed pursuant to Minnesota Statutes,
Section 473.883, the members understand and agree that said costs will
be levied on all taxable property in the watershed as set forth in the
statute.
-25-
MISCELLANEOUS PROVISIONS
IX.
Subdivision 1. The Commission shall not have the power to issue certificates,
warrants or bonds.
Subdivision 2. The Commission shall not have the power of eminent domain
and shall not own any interest in real property. All interests in lands shall be held
in the name of the corporate member wherein said lands are located.
Subdivision 3. The Commission shall not have the power to levy a special
assessment upon any privately or publicly owned land. All such assessments shall be
levied by the member wherein said lands are located. It shall have the power to
require any member to contribute the costs allocated or assessed according to the
other provisions of this agreement.
Subdivision 4. Each member agrees that it will not directly or indirectly collect
or divert any additional surface water to Bassett Creek or its tributaries without a
permit from the Board of Commissioners. Permits may be granted by the board for
a member to proceed with the construction or reconstruction of improvements within
the individual corporate members' boundaries and at its sole cost upon a finding:
(1) that there is an adequate outlet;
(b) that said construction is in conformance with the overall plan;
(c) that the construction will not adversely affect other members of this
agreement.
Subdivision 5. Any member who is more than 60 days in default in contributing
its share to the general fund shall have the vote of its board member suspended pending
the payment of its proportionate share.
-26-
Any member who is more than 60 days in default in contributing its proportionate
share of the cost of any improvement to the contracting member shall upon application
of the contracting member have the vote of its board member suspended, pending the
payment of its proportionate share.
Any board member whose vote is under suspension shall not be considered as
an eligible member as such membership affects the number of votes required to proceed
on any matter under consideration by the board.
DURATION
X.
Subdivision 1. Each member agrees to be bound by the terms of this agreement
until January 1, 2005, and it may be continued thereafter at the option of the parties.
Subdivision 2. This agreement may be terminated prior to January 1, 2005, by
the unanimous consent of the parties.
Subdivision 3. In addition to the manner provided in Subdivision 2 for termination,
any member may petition the board to dissolve the agreement. Upon 30 days notice
in writing to the clerk of each member governmental unit, the board shall hold a
hearing and upon a favorable vote by three-fourths of all eligible votes of then existing
board members, the board may by Resolution recommend that the Commission be
dissolved. Said Resolution shall be submitted to each member governmental unit and
if ratified by three-fourths of the councils of all eligible members within 60 days, said
board shall dissolve the Commission allowing a reasonable time to complete work in
progress and to dispose of personal property owned by the Commission.
DISSOLUTION
10
Upon
dissolution
of the
Commission, all property
of the Commission shall
be
sold and the
proceeds
thereof,
together with monies on
hand, shall be distributed
to
_27_
the eligible members of the Commission. Such distribution of Commission assets shall
be made in proportion to the total contribution to the Commission required by the
last annual budget.
EFFECTNE DATE
Q
This agreement shall be in full force and effect upon the filing of a certified
copy of the resolution approving said agreement by all nine members. Said resolution
shall be filed with the City Manager of the City of Golden Valley, who shall notify
all members in writing of its effective date and set a date for the board's first meeting.
Said first meeting shall take place at the Golden Valley City Hall within 30 days after
the effective date unless such a date falls on Sunday, wherein the meeting shall be
called for the following Thursday.
-28-
Approved by the City Council
.�,.,,�. .2 Se , 1983.
67
Aved as to legality:
B
Assistant City Attorney J
A=y by the City Council
1983.
Approved by the Citv council
JUNE 6 , 1983.
Approved
by
the Citv
Council
vs
1Z ,
1983.
Approved by the City Council
June 7 , 1983.
Approved by the City Council
f4rv� % 1983.
Approved by the City Council
J w V% f G , 1983.
Approved by the Citv Council
1983.
Approved by the City Council
Srx,re+K ie�c !� 1983.
rirry OnNEAPOL _
By
Mayor
Attest
Assistanttv 1 Ic
Countersigned
C t Comp
CITY
By
SA/I,NT LOUIS 4V,4�
PARK
A R K
o.
Attest'
CITY F 1*1NET07A
ER
MAYOR
TY MANAGER
CITY OF (CRYSTAL
7T1y--7
OLDEN VALLEY
By
Attest /L.
F BTNSDALF
Attest 4iL
CITY OF /
By
Attest \ -_.! �, •—=
CITY • •PE
/,� XAA
CITY OFMEDICINE
By
Attest