Res 2013- 58 JPA Gun Club Lake Watershed DissolvedCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013-58
A RESOLUTION REQUESTING A JOINT POWERS AGREEMENT FOR THE GUN
CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION BE DISSOLVED
WHEREAS, the City of Mendota Heights is currently a member of two separate
Watershed Management Organizations; and
WHEREAS, the City of Mendota Heights desires to streamline city activities, rules, and
regulations for the benefit of residents, businesses, and property owners; and
WHEREAS, the City of Mendota Heights desires to realize this streamlining by
removing a specific area of the City from the jurisdiction of the Gun Club Lake Watershed
Management Organization and joining that area into the Lower Mississippi River Watershed
Management Organization; and
WHEREAS, the Board of Water and Soil Resources has already reviewed the request of
the City of Mendota Heights and has indicated support for the desired Watershed Management
Organization reorganization; and
WHEREAS, under the terms of the existing Joint Powers Agreement for the Gun Club
Lake Watershed Management Organization, an official request for dissolving said Joint Powers
Agreement is required; and
WHEREAS, remaining members can adopt a new Joint Powers Agreement amongst
themselves without participation from the City of Mendota Heights once the existing Joint
Powers Agreement is dissolved.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the City makes a formal request to dissolve the existing Joint Powers Agreement for the Gun
Club Lake Watershed Management Organization.
BE IT FURTHER RESOLVED that the City of Mendota Heights intends to transfer the
area of the City currently regulated by the Gun Club Lake Watershed Management Organization
into the Lower Mississippi River Watershed Management Organization.
Adopted by the City Council of the City of Mendota Heights this third day of September 2013.
CITY COUNCIL
F ENDOTA EIGHTS!
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Smith, City Clerk
Lorri Smith
From:Eric Macbeth <EMacbeth@cityofeagan.com>
Sent:Thursday, October 17, 2013 2:54 PM
To:Melissa Lewis (melissa.k.lewis@state.mn.us); 'Peterson, Mary MK (BWSR)';
'georg.fischer@co.dakota.mn.us'
Cc:'Brian' 'Watson'; 'Todd Hubmer'; Christina Scipioni; Melissa Kennedy
(mkennedy@invergroveheights.org); Lorri Smith; Russ Matthys; John R. Mazzitello;
sthureen@ci.inver-grove-heights.mn.us; Bill Klein (bkleinigh@gmail.com); Don
Mockenhaupt (dsmockenhaupt@msn.com); George M. Fell (gmf1765@comcast.net);
Jerry Engelke (jjengelke@att.net); Joe Reymann (joereymann@comcast.net); John
Molinaro (johnm@pioneereng.com); Julie Vigness-Pint (jvignesspint@gmail.com);
Monica Foss (fossme@gmail.com)
Subject:Advance written notice of intent to terminate JPA of GCLWMO
Attachments:MH Res 2013-58.pdf; Eagan Res 13-72.pdf; IGH Res 13-148.pdf
To: Board of Water and Soil Resources
Dakota County
CC: City Clerks
City Public Works Directors
GCLWMO Board of Managers
WMO Consultants
RE: Advance written notice of intent to terminate JPA of GCLWMO
On behalf of the three member cities of the Gun Club Lake Watershed Management Organization (GCLWMO), please
find attached three resolutions approved by respective city councils. Together, these official actions constitute an intent
to terminate the GCLWMO joint powers agreement (JPA). The JPA provides for termination by written agreement of 2/3
of the member cities. As required by the JPA, this correspondence is the advance written notice of at least ninety (90)
days to Dakota County and the Minnesota Board of Water and Soil Resources of the intent to terminate.
Eric Macbeth
| Administrator
3501 Coachman Point | Eagan, MN 55122-1452
651-675-5300 | 651-675-5360 (Fax) | gclwmo@cityofeagan.com
www.dakotacountyswcd.org/watersheds/gunclubwmo
A Joint Powers Organization of the Cities of Eagan, Inver Grove Heights, and Mendota Heights
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1
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CITY OF EAGAN
RESOLUTION
TO TERMINATE JOINT POWERS AGREEMENT FOR THE
GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION
October 15, 2013
WHEREAS, The Gun Club Lake Watershed Management Organization ( GCLWMO) was
formed June 1, 1985 through a joint powers agreement (Agreement) of the cities of Eagan, Inver Grove
Heights, and Mendota Heights under authority conferred by Minn. Stats. §§ 471.59 and 10313.211; and
WHEREAS, The Agreement's purpose, consistent with Minn. Stats. § 103B.201, is to provide an
organization to regulate the natural water storage and retention of the Gun Club Lake Watershed to: (1)
protect, preserve, and use natural surface and groundwater storage and retention systems; (2) minimize
public capital expenditures needed to correct flooding and water quality problems; (3) identify and plan
for means to effectively protect and improve surface and groundwater quality; (4) establish more uniform
local policies and official controls for surface and groundwater management; (5) prevent erosion of soil
into surface water systems; (6) promote groundwater recharge; (7) protect and enhance fish and wildlife
habitat and water recreational facilities; and (8) secure the other benefits associated with the proper
management of surface and groundwater; and
WHEREAS, The Gun Club Lake Watershed is in the east - central portion of the Minneapolis -St.
Paul metropolitan area and covers 33.2 square miles of Dakota County. Of this area, Eagan comprises
89.0 percent, Inver Grove Heights 4.4 percent, and Mendota Heights 6.5 percent; and
WHEREAS, As a special purpose unit of government, the GCLWMO is directed by a board of
managers who are appointed by member cities. GCLWMO powers and duties include: (a) preparing and
adopting a watershed management plan according to Minn. Stats. § 103B.231; (b) reviewing and
approving member cities' local water management plans per Minn. Stat. § 103B.235; and (c) exercising
the authority of a watershed district under Minn. Stat. § 103D when certain conditions exist; and
WHEREAS, The Agreement provides for termination by written agreement of 2/3 of the member
cities. On September 3, 2013, the City of Mendota Heights adopted Resolution 2013 -58 formally
requesting termination of the Agreement; and
WHEREAS, The Agreement requires at least ninety (90) days advance written notice to Dakota
County and the Minnesota Board of Water and Soil Resources of the intent to terminate.
NOW, THEREFORE, BE IT RESOLVED the Eagan City Council agrees to terminate the
Agreement establishing the GCLWMO effective no sooner than January 14, 2014, or ninety (90) days
from the date of the advance written notice to Dakota County and the Minnesota Board of Water and Soil
Resources, whichever is later.
BE IT FURTHER RESOLVED that staff is directed to propose for City Council consideration
a replacement joint powers agreement with the City of Inver Grove Heights to establish a revised
watershed management organization.
BE IT FURTHER RESOLVED the replacement joint powers agreement would also be
effective no sooner than January 14, 2014, or ninety (90) days from the date of the advance written notice
to Dakota County and the Minnesota Board of Water and Soil Resources, whichever is later.
CITY OF EAGAN
CITY COVNCIL
By: 64 N5444v,
Its Mayor v
Attest:
Its Clerk
Motion made by: ikavnseh
Seconded by: -Fi I le- c,
Those in favor: "48w re �3�,wKen , fi olds Ran ", Til d
Those against: ppYle
Dated: October 15, 2013
CERTIFICATION
I, Christina Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 150' day of October, 2013.
C11,KdJ,.zz,-,- /A/ 2��
Christina Scipioni, City Cler
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF INVER GROVE HEIGHTS
The undersigned, Deputy Clerk of the City of Inver Grove Heights, Dakota County, Minnesota,
hereby certifies that the attached is a true and correct copy of Resolution No. 13 -148 adopted
by the City Council of the City of Inver Grove Heights at a lawful meeting duly called and held
on October 14, 2013 at which a quorum was present and acting throughout, and of the original
on file in the office of the City Clerk, City of Inver Grove Heights, Dakota County, Minnesota
Melisso R. Kenn y, Deputy City Cler
(SEAL)
Dated: October 15, 2013
CITY OF INVER GROVE HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION TO TERMINATE THE JOINT POWERS AGREEMENT FOR THE GUN CLUB
LAKE WATERSHED MANAGEMENT ORGANIZATION
RESOLUTION NO. 13 -148
WHEREAS, the Gun Club Lake Watershed Management Organization ( GCLWMO) was
formed June 1, 1985 through a joint powers agreement (Agreement) of the cities of Eagan,
Inver Grove Heights, and Mendota Heights under authority conferred by Minn. Stats. §§ 471.59
and 10313.211; and
WHEREAS, the Agreement's purpose, consistent with Minn. Stats. §§ 10313.211, is to
provide an organization to regulate the natural water storage and retention of the Gun Club
Lake Watershed to: (1) protect, preserve, and use natural surface and groundwater storage
and retention systems; (2) minimize public capital expenditures needed to correct flooding and
water quality problems; (3) identify and plan for means to effectively protect and improve
surface and groundwater quality; (4) establish more uniform local policies and official controls
for surface and groundwater management; (5) prevent erosion of soil into surface water
systems; (6) promote groundwater recharge; (7) protect and enhance fish and wildlife habitat
and water recreational facilities; and (8) secure the other benefits associated with the proper
management of surface and groundwater; and
WHEREAS, the Gun Club Lake Watershed is in the east - central portion of the
Minneapolis -St. Paul metropolitan area and covers 33.2 square miles of Dakota County. Of this
area, Eagan comprises 89.0 percent, Inver Grove heights 4.4 percent, and Mendota heights 6.5
percent; and
WHEREAS, as a special purpose unit of government, the GCLWMO is directed by a
board of managers who are appointed by member cities. GCLWMO powers and duties include:
(a) preparing and adopting a watershed management plan according to Minn. Stats. §§
103B.231; (b) reviewing and approving member cities' local water management plans per Minn.
Sta ". §§ 103B.235; and (c) exercising the authority of a watershed district under Minn. Stat. §§
103D when certain conditions exist; and
WHEREAS, the Agreement provides for termination by written agreement of 2/3 of the
member cities. On September 3, 2013, the City of Mendota Heights adopted Resolution 2013-
58 formally requesting termination of the Agreement; and
WHEREAS, the Agreement requires at least ninety (90) days advance written notice to
Dakota County and the Minnesota Board of Water and Soil Resources of the intent to terminate.
NOW, THEREFORE, BE IT RESOLVED the Inver Grove Heights City Council agrees to
terminate the Agreement establishing the GCLWMO effective no sooner than January 14, 2014,
or ninety (90) days from the date of the advance written notice to Dakota County and the
Minnesota Board of Water and Soil Resources, whichever is later.
RESOLUTION NO. 1�1 -148
Page 2 of 2
BE IT FURTHER RESOLVED that staff is directed to work with staff from the City of
Eagan to prepare a replacement joint powers agreement to establish a revised watershed
management organization.
BE IT FURTHER RESOLVED the replacement joint powers agreement would also be
effective no sooner than January 2014, or ninety (90) days from the date of the advance written
notice to Dakota County and the Minnesota Board of Water and Soil Resources, whichever is
later.
Adopted by the City Council of the City of Inver Grove Heights this 14th day of October 2013.
AYES: 5
NAYS: 0
George Tou ille, Mayor
ATTEST:
4MelisqsKennedy, epu y Clerk