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HomeMy WebLinkAbout2010 07-12 CCP Regular Session Public Copy • AGENDA CITY COUNCIL STUDY SESSION July 12, 2010 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • CITY COUNCIL MEETING City of Brooklyn Center • July 12, 2010 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. — Teresa Rousseau, St. Alphonsus Church 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance • g g 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. June 28, 2010 — Study Session 2. June 28, 2010 — Regular Session b. Licenses C. Resolution Appointing Additional Election Judges d. Acceptance of a Grant Award of Three (3) In -Car Camera Systems by the Minnesota Office of Traffic Safety e. Acceptance of the Restated Bylaws of Brooklyn Center Firefighters Relief Association • CITY COUNCIL AGENDA -2- July 12, 2010 • 7. Presentations / Proclamations /Recognitions/Donations None. 8. Public Hearings None. 9. Planning Commission Items None. 10. Council Consideration Items None. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center —This item was tabled at the May 10, 2010, meeting. EDA MEETING City of Brooklyn Center • July 12, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. June 28, 2010 — Regular Session 4. Commission Consideration Items a. Status of Fourth Amendment to a Development Agreement (Embassy Suites Brooklyn Hotel Partners, LLC) Requested Commission Action: None. 5. Adjournment AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 12, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. West Mississippi Watershed Management Commission's 2011 Operating Budget 2. Shingle Creek Watershed Management Commission's 2011 Operating Budget 3. Firehouse Park Basketball Court Update PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports 4. Prosecutor Services Contract 5. Community Schools Update 6. 2011 Brooklyn Center Celebration Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 10. Brookdale Mall Update 11. Joslyn/City Property Remediation Update 12. Department Year End Reports p p 13. Active Living Program 14. RER — Howe Fertilizer Update 15. Garbage Hauler Report City Agenda Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 28, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Dan Ryan and Mark Yelich. Absent and excused at roll call were Councilmembers Kay Lasman and Tim Roche. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Ryan requested discussion on consent agenda item 6d, Change Order No. 2 for Project No. 2009 -21, 2009 Capital Maintenance Building Plan, specifically that unit prices within change orders most often cost more than if included in the original bid. City Manager Curt Boganey advised that most of the work included in the plan was a result of a consulting engineer's analysis. Councilmember Yelich requested discussion on item 10g, Resolution Approving a Fourth Amendment to a Development Agreement, and requested a more detailed explanation. Mr. Boganey reviewed the terms of the development agreement. He explained that the City has a binding agreement with a developer for Phase II and unless the City changes that development agreement, they retain that right to the property. The City cannot remove that right short of what is being proposed this evening. Councilmember Yelich noted that as a result of this amendment, the EDA gets control of the Phase II property and becomes responsible to build the link structure, with the hotel sharing in 50 percent of link maintenance costs into perpetuity. The hotel also agrees to reimburse the City $72,000 for the lease lost in the D -Barn for 10 years. Mr. Boganey concurred and noted it is guaranteed by the tax abatement. With regard to the tax obligation of $289,000, Mr. Boganey noted that is only the City's share of the taxes. He explained that the value of the hotel at the time the assessment was during a . depressed market. The value on the hotel is $7.3 million, which is low for a hotel of that size, but when the market improves the abatements will also improve. 06/28/10 -1- DRAFT Councilmember Yelich questioned the hotel's incentive to honor the agreement since the abatement does not quite offset the obligation estimated at $20,000 for annual link maintenance . costs and $73,000 for the lease. Mr. Boganey noted the contract can be enforced through legal recourse. Mayor Willson referenced the wording in the document and noted that items 15 and 16 address that issue. Mr. Boganey stated that is correct and in addition they would be responsible to pay the City's legal costs. Mr. Boganey advised that the Hurlbut -Zeppa Charitable Trust, has agreed to subordinate their interest to these changes. He noted that Hurlbut -Zeppa Charitable Trust made a substantial loan to the developer and the tax abatement is to be the source of repayment. Mr. Boganey explained the lease revision relates to the proper square footage and clarifies the area available for use. With regard to funding construction of the link, Mr. Boganey indicated staff is already identifying financing mechanisms which will go before the EDA in the near future. If resources can be identified, it is possible to start construction in 2010 and complete construction in 2011. Mayor Willson asked staff to present this information to the Financial Commission so they can determine how it can be budgeted. Councilmember Ryan stated he has been asked why the City is negotiating a fourth amendment to the agreement with Oliver Companies since they are currently in default and failed to complete the minimum requirement to build the link. However, the City would get the rights for Phase II, retain ten years of the tax abatement for the site, and renegotiate a new lease on the D- Barn. Mr. Boganey noted that under the previous agreement, the City would pay 95 percent of the link's maintenance costs and under the new agreement the City would pay 50 percent of the link's maintenance costs. In addition, the City would receive an upfront payment of $72,000 due to what happened with the D -Barn lease. With regard to construction of the link, Mr. Boganey explained that under the current development agreement, the developer has the obligation to build the link. As long as the City is holding them in default, the City cannot build the link without relieving them of their obligation. The Council agreed the link is a good amenity for the Earle Brown Heritage Center and should be built sooner rather than later. Mr. Boganey advised that Prudential, the banker of the hotel, has indicated its intent to sign the subordination agreement. The developer has been in discussion with Prudential's lawyer who assured the developer it would subordinate its interest to these agreements. Councilmember Yelich questioned the impact should the hotel transfer ownership. Mr. Boganey advised some elements of the agreement go with the hotel, like the license obligations. Director of Business and Development Gary Eitel stated the hotel is responsible for the lease during the term and if transferred from one party to another, the rights against the tax abatement remain. Mr. Boganey advised that the City would have to agree to any new licensee and selling to a new owner does not impact the City's lease or the tax abatement. s 06/28/10 -2- DRAFT Mr. Boganey recommended the Council remove Consent Agenda Item 6g, Resolution Ordering . the Abatement of Certain Nuisance Conditions Existing at 5337 Lyndale Avenue N., Brooklyn Center, Minnesota, from the agenda. He advised that the inspector went to the property and found all garbage has been removed from the premises so there is no longer a need for an abatement. The Council agreed with this agenda revision. MISCELLANEOUS Mayor Willson asked for an update on the Police Chief search. Mr. Boganey advised there are two finalists, one internal candidate and one outside candidate. He reviewed the anticipated schedule to complete thorough background checks, which are currently being conducted, and complete interviews. He indicated the Council may receive a final determination the third week of July. Councilmember Yelich asked about the timing of the FBI building. Mr. Eitel advised they will break ground in August but the official ceremony may not occur until September. The Council reviewed the X ending list for future work sessions. Mayor Willson stated his priority preferences are: 57 and Logan Update, 2011 Brooklyn Center Celebration Update, and Brookdale Mall Update. Councilmember Ryan stated he would also prioritize Strategic Outcome Reports. • Mayor Willson asked whether the prosecutor services contract dovetails with the referendum vote. Mr. Boganey explained the City is required to periodically review service contracts. This year the City is to review the prosecutor services contract. The Council decided to not go forward with an RFP and tasked staff to develop a contract to amend/extend the current prosecutor's contract. Councilmember Ryan questioned the status of the old dry cleaning site. Mr. Boganey stated he thinks the site is currently under PCA jurisdiction but will check with the PCA and provide an update on the status of that corner. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS None. ADJOURNMENT Councilmember Ryan moved and Councilmember Yelich seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 06/28/10 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 28, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Dan Ryan and Mark Yelich. Absent and excused at roll call were Councilmember Kay Lasman and Tim Roche. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present were City's Legal Counsel David Greene, Briggs & Morgan. • Councilmember Ryan moved and Councilmember Yelich seconded to open the Informal Open Forum at 6:45 p.m. Motion passed unanimously. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Yelich moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. and stand in recess until 7:00 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 06/28/10 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING • The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Dan Ryan and Mark Yelich. Absent and excused at roll call were Councilmember Kay Lasman and Tim Roche. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Others present were City's Legal Counsel David Greene, Briggs & Morgan. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 6g from the Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 14, 2010 — Study Session 2. June 14, 2010 — Regular Session 3. June 14, 2010 — Work Session 4. June 21, 2010 — Joint Work Session with Financial Commission 6b. LICENSES AMENDMENT DEVICES Theisen Vending Company 2335 Nevada Ave N, Golden Valley GARBAGE HAULER Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis Jate Mites, Inc. 8289 Mississippi Blvd., Coon Rapids Sanimax USA Inc. 505 Hardman Avenue, South St. Paul T & L Sanitation Service P.O. Box 49695, Blaine Waste Management — Blaine 10050 Naples Street NE, Blaine MECHANICAL • BSF Heating & Cooling 4732 Beard Avenue S, Minneapolis 06/28/10 -2- DRAFT RENTAL — RENTAL STANDARDS PRIOR TO MARCH 6, 2010 RENEWAL 1701 69 Avenue N. Earle Brown Farm Apts. (passed with weather deferral 5931 Halifax Place Jerilou Wiedmeyer RENTAL — CURRENT RENTAL STANDARDS RENEWAL (TYPE I — three-year license) 6201 Lilac Drive N. Lang Nelson Associates 6125 Lilac Drive N. Lang Nelson Associates 824 69 Avenue N. Madeleine Roche 520063 d Avenue N. Evaristus Ejimadu 6137 Lee Avenue N. Ben Cleve Dossman IV 4937 Zenith Avenue N. James Maciazka RENEWAL (TYPE II — two-year license) 341362 d Avenue N. Lee Mixson 7025 Logan Avenue N. Justin McGinty 7030 Newton Avenue N. Malcolm Vinger II INITIAL (TYPE II — two-year license) 3 819 61" Avenue N. Fred Hanus INITIAL (TYPE III — one-year license) • 5413 70 Circle N. William Hall SIGNHANGER Install This Awning & Sign 4835 Lyndale Ave N., Minneapolis 6c. RESOLUTION NO. 2010 -93 APPOINTING ADDITIONAL ELECTION JUDGES 6d. RESOLUTION NO. 2010 -94 APPROVING CHANGE ORDER NO. 2, PROJECT NO. 2009 -21, 2009 CAPITAL MAINTENANCE BUILDING PLAN 6e. RESOLUTION NO. 2010 -95 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED 6f. COPS SECURE OUR SCHOOLS PROGRAM (SOS) GRANT APPROVAL 6g. RESOLUTION ORDERING THE ABATEMENT OF CERTAIN NUISANCE CONDITIONS EXISTING AT 5337 LYNDALE AVENUE N., BROOKLYN CENTER, MINNESOTA This item was removed from the Consent Agenda. • 06/28/10 -3- DRAFT Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Matti Gurney, Northwest Hennepin Human Services Council (N)VHHSC) Regional Community Research Coordinator, provided an overview of the programs and services administered by NWHHSC. He reviewed their 2009 funding sources, noting Brooklyn Center contributed $12,182 and its residents received emergency services equaling $167,354, equating to $13.73 for every one dollar contributed. Anita Perkins, NWHHSC Emergency Services and Housing Program Coordinator, advised of distributions made for emergency services, activities of the domestic violence network and recent vigil held, and indicated that updated tip cards will be redistributed at locations within Brooklyn Center. Emily Anderson, TFY -Start Noticing Program Coordinator, provided an overview of this youth leadership program and its work to counter the negative influences of tobacco and tobacco advertisement. Mr. Gurney noted the letters submitted by Sharon Kephart, Brooklyn Center's representative on • the NWHHSC Advisory Commission, and Jesse Gully, Co -Chair of the Senior Leadership Committee and Manager of The Crossings at Brookwood. Carol Kleven stated it has been her pleasure to serve on the Advisory Commission and thanked the Council for the opportunity to serve. JoAnn Campbell- Sudduth, Senior Leadership Committee Member, stated she has enjoyed serving on this committee that works with seniors and provides important health information. Barb Jensen, Co -Chair of Senior Leadership Committee, stated it has been her privilege to serve. She reviewed the senior demographics within Brooklyn Center and described their work to develop partnerships with member cities. Ms. Jensen stated the City's support has been and continues to be important and the NWHHSC serves the City well. Mr. Gurney thanked the Council for its 2009 contributions and indicated the NWHHSC looks forward to partnering with Brooklyn Center in 2010. The Council asked staff to provide the NWHHSC with information about the City's discount prescription drug program. The Council reviewed the top five human service needs identified by the NWHHSC and asked about the sufficiency of affordable housing in Brooklyn Center. Mr. Gurney explained that generally speaking, housing is more affordable in Brooklyn Center than cities in southern Hennepin County but he will conduct additional research and provide that . information to the City. The City Council thanked NWHHSC staff for its work on behalf of the City of Brooklyn Center. 06/28/10 4- DRAFT Councilmember Ryan moved and Councilmember Yelich seconded to accept the Northwest Hennepin Human Services Council Annual Report. Motion passed unanimously. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -96 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF BROOKLYN CENTER FOR CALENDAR YEAR ENDED DECEMBER 31, 2009 Director of Fiscal and Support Services Dan Jordet provided a detailed review of the Comprehensive Annual Financial Report (CAFR) for calendar year ended December 31, 2009, and noted the City had received an unqualified opinion which indicates the accounting and reporting systems for the City conform in all material aspects to the regulations and practices of the Government Finance Officers Association, the Government Accounting Standards Board, and generally accepted accounting principles. Mayor Willson noted the Financial Commission concurred with that opinion and were impressed with the City's increased bond rating to AA, which is significant. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2410 -96 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year ended December 31, 2009. Motion passed unanimously. City Manager Curt Boganey advised that copies of the CAFR are available at the public library and the City's website. 10b. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS — 2900, 2904, 2908, AND 2912 NORTHWAY DRIVE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted this is a continuation of the partial rental plan previously approved by the Council and Gary Brummer, owner of Gateway Commons, continues to make the necessary improvements and met necessary requirements to issue these licenses. • 06/28/10 -5- DRAFT Councilmember Yelich moved and Councilmember Ryan seconded to approve a rental dwelling license for partial occupancy at Gateway Commons for building addresses 2834 and 2838 Northway Drive. Motion passed unanimously. lOc. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4500 WINCHESTER LANE Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained this is the first rental property, a single family home, to qualify for a Type IV 6 -month provisional rental license under the new rental license program, based on the number of code violations identified during the initial rental license inspection. She indicated staff met with the property owner to discuss violations and a mitigation plan was prepared. Ms. Schleuning advised that with the exception of attendance at the rental managers meetings, the property owner has met the conditions of the ordinance and mitigation plan. Staff recommends approval of the license and mitigation plan. The Council discussed the new rental license program that created four categories of licensing and asked questions of staff regarding the process. Ms. Schleuning explained that the applications under consideration tonight are for new rental property owners and all have been cooperative. She reviewed the City's options should the property not comply with the mitigation within the next six months. New rental property owners receive an informational packet as part of the rental license process and it is also provided for renewals. It was noted that amendment of the rental licensing program involved a thorough investigation by staff to assure it was well drafted and will serve the City well into the future. City Attorney LeFevere noted a hearing is scheduled, which will provide the property owner with due process and is also opened to the public to make comment. Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Ms. Schleuning advised that Daniel Pettit, the owner, was unable to attend due to his work schedule. Councilmember Ryan moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 4500 Winchester Lane. Motion passed unanimously. 06/28/10 -6- DRAFT I 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4204 LAKESREEZE AVENUE • Ms. Schleuning explained this property contains a four -plex and based on the initial property code rental inspection and code violations found, qualifies for a Type IV license. Staff reviewed the mitigation plan with this new rental property owner who has already taken steps to meet timeframes and correct code issues. Ms. Schleuning stated that staff recommends approval of the license and mitigation plan. Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Andrew Hardacre, property owner, indicated his family has a passion to serve and show care for those who need it and this rental investment property provides a unique opportunity to fulfill that mission. He provided the Council with before and after photos identifying the investment made to improve the living conditions and indicated they look forward to being part of the community. Mr. Hardacre asked for the Council's consideration of a Type II or Type III license given that code violation corrections and the security assessment are already completed and well under way. He extended his appreciation to City Staff, saying it had been a pleasure to work with them. The Council reviewed that the license type is determined based on the number of violations found during the initial rental license inspection and it is the responsibility of the property owner • to gain compliance in order to receive a longer rental license. Mayor Willson commended Mr. Hardacre for going through the rental license process and explained that in six months, he will have an opportunity to seek a change of license type. Councilmember Ryan moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 4204 Lakebreeze Avenue. Motion passed unanimously. i 10e. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5949 XERXES AVENUE NORTH Ms. Schleuning explained that this is a single - family residential property and based on the initial property code rental inspection and code violations found, this property qualifies for a Type IV license. Staff reviewed the mitigation plan with this new rental property owner and staff recommends approval of the license and mitigation plan. • 06/28/10 -7- DRAFT Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion asked unanimously. p Orrin Hager, property owner, stated they are first -time landlords and available for questions of the Council. Mayor Willson welcomed Mr. Hager to the City and thanked him for investing in a rental property. The Council reviewed the license application and asked Mr. Hager about his intent to attend rental manager's meetings. Mr. Hager stated he will attempt to attend all three scheduled meetings but would attend two meetings at a minimum, which is the requirement. Mr. Hager introduced his wife, Ha Hager, and indicated she had done much of the work on the house. Councilmember Yelich moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Yelich seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 5949 Xerxes Avenue North. Motion passed unanimously. 10L CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6701 BRYANT AVENUE NORTH Ms. Schleuning explained that this is a single - family residential property and based on the initial property code rental inspection and code violations found, this property qualifies for a Type IV license. Staff reviewed the mitigation plan with this new rental property owner and recommends approval of the license and mitigation plan. Councilmember Ryan moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Yelich seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to approve the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 6701 Bryant Avenue North. Motion passed unanimously. i 06/28/10 -8- DRAFT 10g. RESOLUTION NO. 2010 -97 APPROVING A FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT AND CERTAIN RELATED AGREEMENTS E ATTACHED THERETO AS EXHIBITS (LICENSE, DEED, AMENDED EASEMENT, LEASE AMENDMENT, AND SUBORDINATION AGREEMENTS) Mr. Boganey introduced the item and explained it involves modifications to the development agreement and lease agreement between Brooklyn Center and Brooklyn Hotel Partners, LLC. Director of Business and Development Gary Eitel presented the detailed staff memorandum that included the history of how the Embassy Suites development began, three previous development agreement amendments that had been approved by the Council, and purpose of the draft resolution to approve a fourth amendment. Mr. Eitel described the seven components contained in the amendment and noted it provides resolution to the default of the development agreement and the D -Barn lease agreement. David Greene, Briggs & Morgan, reviewed his work with City staff and Brooklyn Hotel Partners to draft this amendment to move this development along, construct the link, and lease the D- Barn. He noted that the amendment provides for the City to receive an initial payment of $72,000 in consideration for the developer not performing the existing lease for D -Barn, the EDA will construct the link rather than the developer, the developer relinquishes all rights to develop Phase II and is not entitled to any tax abatements from the Phase II site development, the developer agrees that when the link gets constructed they will then perform for ten years their obligation under the lease and pay 50 percent of the link's maintenance costs. He noted the City also has security for payment of any delinquent rents and that security is the tax abatement • payments. Mr. Greene advised the amendment provides very favorable conditions that the current development agreement does not provide. The Council asked questions of Mr. Greene about the developer's incentive to perform and noted that should a default occur, the developer would be responsible for the City's legal costs to enforce the agreement. In addition, the tax abatement payments stand as security for payment of 50 percent of the annual maintenance and repair charges the City incurs in operating the link, when built. Mr. Greene explained additional incentives to perform are to stay in a current situation with the lender, Hurlbut -Zeppa Charitable Trust which has previously advanced money against tax abatement payments, and to assure the hotel has access to the link, which provides connectivity to the Earle Brown Center. It was noted that under the previous agreement, the City was responsible for 90 percent of the link's maintenance costs. The Council thanked Mr. Greene for his efforts with staff and the developer and expertise to reach this complex agreement. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -97 Approving a Fourth Amendment to a Development Agreement and Certain Related Agreements Attached thereto as Exhibits (License, Deed, Amended Easement, Lease Amendment, and Subordination Agreements). • 06/28/10 -9- DRAFT The Council acknowledged that staff has negotiated favorable terms and adequate provisions to assure the City will be protected against financial hardships to enforce the agreement. In addition, it is in the best interest of the City to have the link built in a reasonable time frame. Mr. LeFevere agreed this is an excellent package to protect the City's interests and he is comfortable with its provisions. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following: • June 16, 2010, Riverwood neighborhood picnic, which was a great opportunity to meet residents. • June 24, 2010, Earle Brown Days parade. • June 26, 2010, West Fire Station open house where the fire truck rides were a success and the public learned about fire safety at home and equipment used by the Fire Department and emergency response units. Councilmember Yelich encouraged residents to attend the June 29, 2010, Lions Park neighborhood meeting scheduled at 6:00 p.m. so they can learn what is going on in the City. Councilmember Ryan reported on his attendance at the following: • June 16 2010 annual Jerry Y P PP Blame potluck supper at Riverwood Park. He thanked Riverwood residents for their invitation. • June 21, 2010, joint meeting with the Financial Commission to begin drafting the 2011 budget. • June 24, 2010, the 20 annual Brooklyn Center parade. He thanked the Lions for sponsoring the event, Parade Chairman Mike Meyer for his work, and commended Councilmember Yelich for entering the "green people - powered vehicle." • June 26, 2010, West Fire Station open house. • June 26, 2010, Relay for Life cancer benefit pancake breakfast at Applebee's. Councilmember Ryan announced the July 9, 2010, Relay for Life event and advised the web link is: www. relayforlife .org/brooklyncentenun. Mayor Willson reported on his attendance at the following: • June 15, 2010, Brooklyn Youth meeting and the work of the Executive Committee to provide recommendations on youth resources. • June 16, 2010, Visit Minneapolis North quarterly board meeting. • June 16, 2010, Riverwood Neighborhood Jerry Blarney picnic. He explained that Mr. Blarney was instrumental in creating the Riverwood Association, which has become a model for all neighborhood organizations. • June 18, 2010, Dudley Tournament where he threw out the ceremonial first pitch. . • June 21, 2010, Financial Commission meeting to review the auditor's report. 06/28/10 -10- DRAFT • June 24, 2010, Earle Brown Days parade. • June 26, 2010, he was honored to attend the retirement part for Dwayne Holmstrom who had served Brooklyn Center in the Police Department for 20 years. • June 26, 2010, enjoyed an evening stroll through the park. • June 28, 2010, WCCO quarterly Mayor's Report for Brooklyn Center. He advised that past WCCO interviews can now be viewed on the City's website. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:35 p.m. Motion passed unanimously. • 06/28/10 -11- DRAFT Cit y Council ' Agenda ends Item No. 6b' _ • • COUNCIL ITEM MEMORANDUM DATE: July 6, 2010 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its July 12, 2010, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Farmers Union Industries dba Midwest Grease P.O. Box 26, Redwood Falls MECHANICAL 7 Metro Heating and A/C 609 150 Avenue NE, Ham Lake Schwantes Heating and Air 6080 Oren Avenue S, Stillwater RENTAL See attached reports. Aiission: Ensuring an attractive, clean, safe con nuunity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 Type IV — 6 Months 1 -2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact p ^ 5 or more units 0 -0.35 • Decrease 1 1 -2 Greater than 1 but not more than 3 Category at' y y. 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories_ WW 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Rental Standards Prior to March 6, 2010 4809 Twin Lake Ave 1 Bldg Lake Shore Apts 6 units Renewal Curtis Erickson 0 OK OK MEN ��Mlnj��M Current Rental Standards 5639 Humboldt Ave N Single Family Initial Matthew Resong 3 II 0 II OK OK 6400 Noble Ave N Single Family Initial ZamZam Gesaade 0 II 0 II OK OK 6 O A ve N Single Family Initial Lue Moua 4 II 0 II OK OK 7256 Unity Ave N 11 Bldgs 89 21 Unity Place 112 Units Renewal CHDC LTD Partnership 0. /Unit I I 0.18 /unit II OK OK 1 Bldg 15 5207 Xerxes Ave N 12 Units Renewal Dennis Bona 1.25 /Unit II 0 II OK OK 6744 France Ave N Two Family (1) Renewal Donald Renelt 0 1 0 1 OK OK 5412 Fremont Ave N Two Family (1) Renewal Gary Anakkala 2 11 0 II OK OK 1320 68th Ln N Single Family Renewal Rachel Omao 0 1 3 II OK OK 6807 Humboldt Ave N C101 Single Family Renewal William & Elsa Lind 0 1 1 1 OK OK 6807 Humboldt Ave N C102 Single Family Renewal William & Elsa Lind 0 1 1 1 OK OK 6819 Humboldt Ave N A102 Single Family Renewal William & Elsa Lind 0 1 1 1 OK OK 6819 Humboldt Ave N A104 Single Family Renewal William & Elsa Lind 0 1 0 1 OK OK 3900 Janet Ln Single Family Renewal Keith Carlson 4 II 0 II OK OK 6437 June Ave N Single Family Renewal Tracy Vu 4 If 0 II OK OK 4207 Lakeside Ave #123 ISingle Family I Renewal Donna Kabanuk 1 0 1 1 1 OK OK 5900 Pearson Dr ISingle Family lRenewal I Mary Tjosvold 1 0 1 1 2 II OK OK * CFS = Calls For Service ** Final License Type Type 1 = 3 year Type 11= 2 year Type III =1 year Type IV = 6 mos t � • City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM • DATE: July 6, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk if WVIX SUBJECT: Resolution Appointing Additional Election Judges Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Additional Election Judges. Background: Minnesota Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve, except that the City Council may appoint additional election judges within the 25 days before the election if the City Council determines that additional election judges will be required. A resolution is included that lists additional individuals who have applied to serve as an election judge for the 2010 elections. Budget Issues: There are no budget issues to consider. Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public, trust Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES WHEREAS, a State Primary Election will be held August 10, 2010, and a State General Election will be held November 2, 2010; and WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election judges be appointed by the City Council at least 25 days before the election at which the election judges will serve, except that the City Council may appoint additional election judges within the 25 days before the election if the City Council determines that additional election judges will be required. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Clerk be appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. • Beth Quiel July 12, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City g Council Agenda Item No. 6d i COUNCIL ITEM MEMORANDUM DATE: July 7, 2010 TO: Curt Boganey, City Manager FROM: Kevin Benner, Interim Chief of Police SUBJECT: Office of Traffic Safety In -Car Camera Grant Approval Recommendation: It is recommended that the City Council consider approving the acceptance of a grant award of three in -car camera systems by the Minnesota Office of Traffic Safety to the Brooklyn Center Police Department. Background: The Office of Traffic Safety proposed a grant program allowing agencies that did not have in -car cameras to apply for and receive cameras as needed. The only costs to the applicant agencies were an installation fee per unit which would be approximately $300 depending on the unit to be installed. The camera units the Brooklyn Center Police Department applied for are state of the art Panasonic Arbitrators. These cameras are valued at $5,000 per unit for a total award of approximately $15,000.00. The Panasonic product is one of eight models selected by the Office of Traffic Safety due to its features and durability. This award does not provide for all the police vehicles in the fleet, but allows vehicles that did not previously have functioning cameras to have systems installed. This will bring the total of police vehicles with camera systems to 13. Budget Issues: The total installation fee for the three units is $900.00. Council Goals: Strategic: 1. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources i :Mission: Ensuring an attractive, clean, safe community that enhances the qualitp of life and preserves the public trust City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM • DATE: June 18, 2010 TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief 6� SUBJECT: Accept BCFDRA Bylaws Recommendation: It is recommended that the City Council accepts the Restated Brooklyn Center Fire Department Relief Association Bylaws. Background: The purpose of the Relief Association is to oversee the benefits provided to the members of the Brooklyn Center Fire Department. Bylaws of the BCFDRA are governed by state law. The BCFDRA bylaws were reviewed and changes were made to comply with state law. The only change that will have an effect on the city is a change in city committee member titles and how they are appointed to the board. State law requires that officials in the municipality serve on the Relief Association board. Article I of the current by -law states that the Mayor, Finance Director, and Fire Chief of the City serve • as the "ex- officio members of the committee. The new by -laws in Article V, the city is to appoint three (3) officials drawn from the municipality; one (1) elected official, one (1) elected or appointed official and the Fire Chief. The municipality trustees must be designated annually by the city Council. The rest of the changes were format changes. No changes have been made that increase in anyway the benefits provided under the previous version. Article I of the current by -laws define the trustee on the board from the city as `ex- officio' members. Article H in the restated by -laws defines the "ex- officio" as "municipal trustee." With the exception mentioned we feel the adoption of the new By -laws will have no noticeable changes to the city. We have contracted with Volunteer Firefighters Pension Consultants to do the changes to the bylaws; they will automatically provide us with any changes required by law. The state has preapproved them and we feel it should work out very well with little effect to the city. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe secure community. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust New Bylaws RESTATED BYLAWS OF BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION The Bylaws of the Relief Association are hereby amended and restated effective as of 20 ARTICLE I NAMES As provided in the Articles of Incoqxxafton, the name of this orgatiization shall be the Brooklyn Center Firefighters Relief Association (the "Association"). ARTICLE H DEFINITIONS General Definitions • The following words and phrases when used herein shall have the following meanings except as otherwise required by the context: "Active Member" is a member of the Association who is eligible for benefits and is currently meeting the minimum firefighter and service standards with the Fire Department or the Fire Chief. As of July 1, 2006, Active Members must be `Tolunteer Firefighters as defined in Section 2.1 of the Plan attached hereto. "Board of Trustees" or "Board" shall mean the Board of Trustees of the Relief Association, and shall perform the functions and assume the same duties as a Board of Detectors under Minnesota Statutes Chapter 317A. "Deferred Member" is a member of the Association who has retired or been terminated from the Fire Department but hasn't taken a distribution of benefits. "Family Member" includes spouses, parents, children, siblings, in -laws, aunts, uncles, first cousins, step- pads, stepchildren, and may inchide other family members such as common -law partners or long -time companions, of a conflicted Board member (see Article IX Fiduciary Responsibility). "Fire Department" is the Fire Department serving the Municipality. • 2009 MNFPC Bylaws V5.0 1 0 2009 Minnesota Fkefi titer Pension Conmikants. U.0 "General Fund" shall mean the fiord established pursuant to Minn. Stat. 424A.06 and that holds the fiords received from dues, fines, initiation fees, entertainment revenues and any money or property donated, given, granted or devised by any person, for unspecified uses. "Material Financial Interest" is a financial interest or expectation of any kind on the part of a Board member or Family Member, which, is substantial enough to reasonably affect the judgment of the conflicted Board member. The term "financial interest" is intended to include any and all monetary expectations and exists when a Board member or Family Member has rights (whether or not a Deferred Member or beneficiary) to be paid compensation, retiree benefits, or to have their expenses reimbursed or obligations or other liabilities repaid, etc. "Municipality" is City of Brooklyn Center. "Municipal Trustees," formerly known as 'ex- officis,' are members of the Board of Trustees designated solely by the Municipality and shall include the two appointed or elected officials and the fire chief as further defined in Section 5.1 herein. "Special Fund" shall mean the fiord as defined in Section 2.1 of the Plan attached hereto. "Supermajority" is required when there is a conflict of interest on an item to be voted on by the Board. of Trustees. A Supermajority is the majority of those Trustees after subtracting the Tnistee(s) who has a conflict of interest (e.g., Nine (9) Trustees less two (2) with a conflict = Seven (7). Supermajority would require four (4) Trustees vote in favor to pass the motion.) • ARTICLE III PURPOSE As provided in the Articles of Incorporation, the purpose of the Association is to provide retirement relief and other benefits to members and their dependents. For purposes of Chapter 424A of Minnesota Statutes, the Association is a governmental entity that receives and manages public funds to provide retirement and ancillary benefits for individuals providing the governmental services of firefighting and, if applicable, emergency response. The Association may also raise fluids from private sources to finish fire and emergency equipment for the Fire Department, and for other purposes deemed necessary and appropriate by the Association to the extent permitted by law. Benefits paid to members and their dependents shall be funded exclusively through governmental sources and, to the extent provided by State law, through restricted donations. ARTICLE IV MEMBERSHIP 41 Admis siom All firefighters of the Fire Department are members of the Association and shall be eligible for benefits, except as otherwise stated in these bylaws. An • 2009 MNFPC Bylaws V5.0 2 C 2009 Minnesota Firewer Pension consultants, T.W e application for membership shall be completed on the Membership Application and Beneficiary Designation form to become eligible for benefits in the Association. Upon approval of the member's application, such member shall acmue service credit for all active service while in probationary status. 4.2 Membership Duties. A member may be required to meet minimum attendance requirements for relief association activities such as membership meetings and fundraising events, as set forth in the written policies and procedures adopted by the members. The members may adopt penalties for members who fail to meet minimum attendance requirements, including the classification of such members as ineligible to accrue of active service credit during the period or periods during which the requirements are not met. Penalties for failure to meet minimum attendance requirements shall not include forfeiture of benefits that have accrued prior to such failure. 4i Membership Dues. Annual member dues, if any, shall be determined in the annual meeting, and may be modified at any regular or special meeting of the membership. The members shall adopt written policies and procedures for the collection of dues, including penalties for the failure to timely pay dues. Penalties may include classifying members who are not current with their dues as ineligible to accrue active service credit during the period or periods while dues are outstanding. Penalties for failure to pay dues shall not include forfeiture of benefits that have accrued prior to such failure. 44 Member Voting Rights. Each Active Member shall be entitled to one (1) vote on i any math voted upon by the membership. Deferred Members are not entitled to vote. Voting by proxy /absents ballot is permitted following the procedures set forth in Section 4.5. 4.5 Proxy /Absentee Ballot. Member Voting. If permitted by the Board prior to a meeting, voting members may cast votes by submitting an absentee ballot provided by the Board that is signed by the member and deposited in the ballot box set out by the Board_ Submission of an absentee ballot shall constitute a proxy to the officer of the Association designated and authorized on the ballot who is bound to cast the member's vote in accord with the member's ballot choices. The member may withdraw his/her proxy /absentee ballot by attending a meeting and voting in person. Use of proxies/absentee ballots may only be used on items listed on the ballot and may not be used when trustees and/or officers are elected from the floor during the meeting. Counting Ballots: If ballots were used because there were more than two candidates for any Tnistee ition up for election as indicated under Section 7.2, an officer of the Association who s 1� not standir ig for election shall court the ballots as follows: All first choices are counted, and if no candidate wins a majority of first choices, then the last places candidate is eliminated. Ballots of voters who ranked the eliminated candidate first are redistributed to their next choice candidates, as indicated on each voter's ballot~ Last place candidates are successively eliminated and ballots are redistributed to next choices until one candidate remains or a candidate gains a majority of votes. 2009 MGM Bylaws V5.0 3 0 2009 Mimmota. FStefletter Pensim Consultants, ILC In case of a tie the candidates receiving the two highest number of votes in the first ballot shall be included on the second balloting. Additional balloting for said office shall continue until one candidate shall receive a majority of votes cast on a reballot and he shall be elected to said Of 4.6 Separation. Any member who becomes a Deferred Member with the Association prior to requesting retirement benefits shall complete and submit a Membership Separation Form. 4.7 Termination Any member who is terminated by the Fire Department or Municipality shall cease w=nng benefits under the Association as of the date of termination The Association may continue to honor members whose status has changes between volunteer /paid on -call and full- or part-time employee of the same Fire Department The members shall adopt written policies and procedures, including any eligibility or types of recognition. 9 ARTICLE V BOARD OF TRUSTEES 51 Composition The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the • municipal fire department: The Municipal Trustees must be designated annually by the city council of the Municipality. SL Duties. The Board of Trustees shall perform the functions and assume the same duties as a Board of Directors under Section 317A of the Minnesota Statutes. In addition, the Board of Trustees shall: (a) Have exclusive c mi rol and g ofall f nib receivedtry the Truer pumiant to the statutes of the State of Minnesota and all moneys or property donated, given, granted or devised for the benefit of the Association (b) Examine the books, paper`s, funds, securities and pl opedy in the custody of the Treasurer, and general accounts, funds and securities, and property of the Association. (c) Examine and approve the validity of all claims prior to payment by the Treasurer. (d) Provide the forms on which members may submit claims to the Board of Trustees for their approval. (e) On an annual basis or more f vque * as may be required to detannine eligibility for benefits, confirm minimum firefighter and service standards pursuant to the 2009 MP M Bylaws v5.0 4 0 2009 Mhumata Fbtftbtw Pbnsim Ca w*mts, ILC Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto. (Q Assume such additional duties as may be described in Article IX herein and in Association policies and procedures or required by state law including the establishment of any committee deemed necessary or appropriate. ARTICLE VI OFFICERS G Number. The number of officers of the Association and their duties shall be as set forth below. 62 Presidem It shall be the duty of the President of the Association to: (a) Have general active management of the business of the corporation; (b) When present, preside at meetings of the Board and of the members; (c) See that orders and resolutions of the Board are carried into effect; (d) Sign and deliver in the name of the corporation bonds, contracts, or other instruments pertaining to the business of the corporation, except in cases in which • the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the articles or bylaws or by the Board to another officer or agent of the corporation; (e) Maintain records of and, when necessary, certify proceedings of the Baud and the members; and {f} Perform other duties prescribed by the Board. 63 Pro Tem Officers. In the absence of the President and Vice President, if applicable, the Board of Trustees shall appoint an interim President from the existing Officers and /or Trustees other than the Municipal Trustlees who shall perform the duties incident to the office. 64 Vice President It shall be the duty of the Vice President to perform the duties of the President in the President's absence. 6.5 Ste. It shall be the duty of the Secretary of the Association to: (a) Keep a record showing the correct addresses of all members and request the names of their beneficiaries. (b) Keep or cause to be kept an accurate record of all meetings of the Association and of all meetings of the Board of Thziz es. 2009 MNM Bylaws V5.0 5 0 2009 Minnesota motes P&id n Co mAWnt% U.0 (c) Conduct and direct the investigation of all claims. (d) Keep a record of all monies received and paid out by the Treasurer. (e) Provide access to the Association's Articles, Bylaws, minutes, and financial statement on the last annual accounting period to all members or all Board of Trustees (including the Municipal Tivsteesj for any pauper purposes they may have, in accord with Minnesota Statutes Section 317A .461. 66 Treasurer. It shall be the duty of the Treasurer of the Association to: (a) Receive and receipt all monies due the Association from members and other sources and to keep accuse accounts and records of all the money so received (b) Have custody of all monies and securities belonging to the Association. (c) Furnish a surety bond in favor ofthe association for the faithful performance of all duties involving the Association and for the wing o f or amouriting for, all monies and se=Iies that may come into its possession The bond shall be in an amount equal to at least 10% of the assets up to a maximum of $500,000. (d) Pay all lxuperiy approved claims for benefits, and to pay all bills ixi arred in the way of necessary expenses in the conduct of the business of the Association. 67 Duties. • (a) It shall be the duty of any two (2) officers of the Association to countersign all checks issued by the Association. (b) The officers shall annually prepare an annual financial report of the Association's receipts, disbursements, and balances in the Special and General Funds for the preceding calendar year on a form prescribed by the Office of the State Auditor. They shall transmit the report to the city clerk of the Municipality for inspection, signature and transmissi to the State Auditor pursuant to law. (c) Pursuant to the Volunteer Firefighter's Association Guidelines Act of 1971, the officers of the Association shall, annually, determine the financial requirements of the Special Fund for the following year The financial requirements of the relief association and the minimum municipal obligation must be included in the financial report or financial statement. 2009 MWM Bylaws V5.0 6 0 2009 Minnesota FfteBghter Pension Co mAunts, LI C • 68 Compensation. As compensation for services to the Association by the President, Secretary and Treasurer, the membership may at the Annual Association meeting authorize payment of an aggregate salary expense payable from the Special Fund to one (1) or more of these officers. The amount shall be recommended by the Board to the membership and approved by the membership at their annual Association meeting. ARTICLE VII ELECTIONS 71 Trustee Terms. The Trustees shall be elected to staggered two-year teens. There will be three (3) Trustees elected by the membership each year at the a mml meeting of the Association, and begin their term at the end of the meeting. Each appointed. Municipal Trustee term is one (1) year or until the person's successor is qualified, whichever is later. An individual Tnistee may serve an unlimited number of terms. 72 Voting on Trustees. Each of the six positions on the Board of Trustees who are not the Municipal Trustees or fire chief shall be voted on separately by the Active Members in attendance at the annual meeting. No nominations of slates of candidates or cumulative voting • shall be allowed. All votes unless specified prior to the vote, shall be conducted by a voice vote. A simple majority of those present at the meeting is needed to elect. If a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. A trustee who was elected by the membership may be removed with or without cause by a simple majority vote of the Active Members in any subsequent annual, regular or special meeting. If allowed by the Board of Trustees under Section 4.5, a proxy /absentee ballot may be used to perform "nmoffvoting" if there are more than two candidates for any Trustee position up for election and Active and Deferred Members must rank candidates by order of preference. See Section 4.5 for counting ballots. 73 Officer Terms. The offices of President, Vice President, Secretary, and Treasurer shall be elected to two-year terms. The offices of President and Sea%fty shall be nominated and elected separately to a two-year staggered tern at the annual meeting in odd numbered years. The offices of Vice President and Treasurer shall be nominated and elected separately to a two- year staggered term at "me annual meeting even numbered. years. • 74 Voting on Officers. Officers shall be elected by the Board of Trustees from 2009 MNFPC Bylaws V5.0 7 ® 2009 Minnesota Fuv fthter Pension Conaultanm LLC among the elected Trustees. Voting for officer positions by the Board of Trustees will take place • at the first Association Board Meeting following the Annual Meeting. Each position will be nominated and elected separately at this meeting. A simple majority is needed for an officer to be elected. The officer in charge of the vote shall ask for a show of hands but shall not allow for a secret ballot, and each vote shall be recorded in a public journal. An officer may be removed with or without cause by a simple majority vote of the Trustees in any subsequent annual, regular or special meeting. No individual may hold more than one (1) officer position at one (1) time. 75 Vacancies. In the case of death, resignation or removal from office for any elected officer or Trustee of the Association, except a Municipal Trustee, the vacancy shall be filled by vote of the Active Members at a special meeting duly called for the purpose of filling out this term. ARTICLE VIII MEETINGS 81 Annual Meeting of the Members. The annual meeting of the members shall be held on the second Monday of February of each year, except that if that day is a holiday, said meeting shall be held on the next succeeding Monday. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. 82 Regular Meetings of the Members. The regular meetings of the members shall be held on the second Monday of each month, except that if that day is a holiday, said meeting shall be held on the next succeeding Monday. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. The schedule of the regular meetings on file at primary offices is sufficient for notice unless time or location is changed. 83 Special Meetit vs of the Members. Special meetings of the members may be called at any time upon the written order of the President and one (1) other member of the Board of Trustees, or five (5) voting members of the Association. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. 84 Notice of Meetings of the Members. A notice of every annual and any special meetings of the members shall include the date, time, place and purpose of the meeting and be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room; and in accord with Minn. Stat §317A.433 Subd 4, business at a special membership meeting must be limited to the stated purpose; and further in accord with Minn. Stat. §317A.435, each voting member shall be provided at least five (5), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, and purpose of the meeting. 85 Member Quorum. Fifty -one (5 1) percent of the Active Members of the Association shall constitute a quorum for the tra;,sactron of business at their meetings. • 2009 MIQFW Bylaws V5.0 8 0 2009 Minnesota Mrefighter Pension Cmsuitants, ILC ffi Member Votirl Each Active Member present at the meeting shall be entitled to one (1) vote. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot Voting by pmW /absentee ballot will be allowed under Section 4.5. A voting "majority' is majority of the quorum, not majority of the entire association membership. &7 Regular Meetings of the Board of Trustees. Meetings of the Board of Trustees shall be held on the first Tuesday of January, April, July and October, except that if that day is a holiday, said meeting shall be held on. the next succeeding Tuesday. Meetings of the Board of Trustees shall be held at the Fire Station unless noticed for another place within the City as designated by the Board. 88 2edal Meetings of the Board of Trustees. Special meetings of the Board of Trustees may be culled at arty time upon the written order of the President and one (1) other member of the Board of Trustees. The place of the meeting shall be held at the faire Station unless noticed for another place within the City as designated by the Board. 89 Notice of Meetings of the Board of Trustees. The association is governed by Minn. Stat § 13D.01 which requires that all meetings of the Assoaation's Board of Trustees be open to the public with rare exceptions. All notices provided for in this Article shall comply with Minn. Stat § 13D.04 which requires at a minimum that: • (a) a schedule of any regular meetings of the Board of Thistees be Dept an file at the Association offices, and (b) for special meetings, a notice stating the date, tune, place and purpose of the meeting be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room; aril in accord with Minn. Stat §317A.231, each Trustee shall be provided at least three (3), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, and purpose of the meeting. 8.10 Board Qiuorarn. A majority of the Board of Trustees then in office shall constitute a quorum for the transaction of business at its meetings. 8.11 Board Voting Unless the Articles or Bylaws specify otherwise, an action of the Board shall be effected by a majority vote of the 'Trustees present and eligible to vote once a quorum has been achieved. The officer in charge of a vote shall ask for a show of hands but shall not allow for a secret ballot nor proxy, and each vote shall be recorded in a public journal. No action shall be considered once a quorum has been lost 8.12 Electronic Meeting Prohibited. Any meeting of the Board of Trustees o r th e membership by solely electronic means (e.g., e-mail, simukhat or phone conference) that is not accessible to the public at a set meeting location is prohibited. " 2009 MNFPC Bylaws V5.0 9 0 2009 Minnesota l 7 ke5ghter Pension Consultants, U.0 8.13 Order of Business. At any annual, regular and all special meetings, the order of • business shall be as follows: (a) Calling to order by the President (b) Roll call (verify quorum) (c) Secretary's Report (reading of previous minutes) (d) Treasurer's Report (c) Report of the Board (member meeting) (d) Report of other committees (Board or member meeting) (e) Election of Trustees and Officers, if applicable (annual member meeting) (f) Old Business (g) New Business (h) Adjournment ARTICLE IX FIDUCIARY RESPONSIBILITY 91 Board of Trustees. Each member of the Board of Directors, also acts as a trustee of the Special Fund. The Board of Directors therefore also acts as the Board of Trustees. The Board of Trustees is charged with administering retirement and ancillary benefits under the Special Fund and are fiduciaries subject to the standard of care set forth in Minnesota Statutes Section 356A.04. This includes specifically assuming such additional duties as may be described in Association policies and procedures or required by state law, including: • (a) adopting an investment policy; (b) providing written investment restrictions to brokers; (c) securing certificates of insurance; and (d) establishing a continuing education plan in order to keep abreast of their fiduciary responsibilities. 92 Prohibited Transactions. No fiduciary of the Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one (1) of the following direct or indirect transactions: (a) sale or exchange or leasing of any real estate between the Association and a Board member; (b) lending of money or other extension of credit between the Association and a Board member or member of the Association; (c) furnishing of goods, services, or facilities between the Association and a Board member; • 2009 MNFPC Bylaws V5.0 19 0 2009 Minnesota FYresghter Pension Consultants, Idc . (d) transfer to a Board member, or use by or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law; or e sale exchange, loan, or lease of any item of value between a plan and a fiduciary' of the plan other than for a fair market value and as a result of an arm's- length transaction. 93 FiducM RW2:nsibilities Apart from the Special Fund. Although the title "Trustee" is applied to members of the Board of Directors of the Association, the fiduciary standard that Directors are subject to is two-tiered as a matter of State law. With respect to the Association's Special Fund, Trustees are required to meet a standard of care that applies to fiduciaries under Minnesota Statutes Section 356A.04, as described above. With respect to business and management decisions not including decisions related to the Special Fund, all Trustees are required to meet a standard of care that applies to nonprofit corporation Directors under Minnesota Statutes Section 317A.251. These decisions include, but are not limited to, business decisions regarding fund raising activities, and disposition of and management of the General Fund Accordingly, in their decision-making and management, Trustees must discharge the duties of their position in good faith, in a manner the Director reasonably believes to be in the best interests of the Association, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. Directors are not in accord with that same statutory section, considered "ThEtees" with respect to the Association or with respect to property held or administered by the Association. • f 94 Conflict of Interest Procedures. When a member(s) of the Board o Directors has a conflict; (a) Each member of the Board of Directors, whether acting as a Director or as an Officer of the Association, has a duty to disclose to the Board (or to any committee of the Board) the material facts of any proposed transaction or action of the Association in which they or a Family Member have a Material Financial Interest. (b) The disclosure required under # 1 (above) must be made, to the extent possible, prior to any consideration of such proposed transaction or action by the Board of Directors or by any applicable committee of the Board of Directors. If a Board member does not recognize the existence of a conflict prior to the Board of Director's decision regarding the transaction, that person has a duty to disclose the material facts of the conflict as soon as the conflict is recognized.. (c) The Board member having a conflict shall not participate in the deliberation or decision regarding the matter under consideration and shall leave the room during deliberations except when he or she has been invited by the Board or committee to participate, after consideration of the significance to the Association of the 0 disclosed conflict. The Board of Directors or committee may also request that he 2009 MNFPC Bylaws V5.0 U C 2009 Minnesota Fwefi&ter Pension Consultants, U.0 or she provide the Association with any relevant information known to the Board • member regarding the matter. (d) Any proposed transaction or action in which the Board of Directors has determined that a Director has a conflict of interest that is not "de minimis is to be approved by a ma on of all the Board of Directors then serving who would be entitled to vote and who are not interested Board members at a meeting at which a quorum is present (i.e., by a Supermajority of the entire Board of Directors not including a conflicted Board member(s)), even though the non- conflicted directors may constitute less than a quorum). Deliberations by the Board of Directors regarding the conflict shall be documented in Board minutes no later than 60 days following the subject meeting. The votes of each Board member in support or in opposition to the transaction or action shall be noted. (e) All Board members are obligated to notify the Board. of Directors if they believe another Board member has failed to disclose a conflict, and this procedure shall be followed by the Board of Directors in all such instances. ARTICLE X FUNDS 10.1 Funds. All money received by the Association shall be kept in two (2) separate funds, the General Fund and the Special Fund. Disbursements from the funds shall be in accordance with Minnesota Statutes and Rules and the Bylaws of the Association. 10.2 General Fund. The funds received by this Association from: dues, donations, fines, initiation fees, entertainment revenues and any moneys donated for unspecified uses shall be kept in the General Fund and may be disbursed upon a majority vote of the membership or of the Board of Trustees for any purpose reasonably suited to promote the welfare of the Association and its members. All expenses shall be paid out of the General Fund, except as specifically authorized to be disbursed from the Special Fund These records shall be open for inspection by any member of the relief association at reasonable times and places. 10.3 Special Fund. All funds received by this Association from any tax sources and other money which may be directly donated or transferred to said funds, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: (a) Payment of members' service pension benefits in accordance with these Bylaws, (b) Payment of ancillary benefits in accordance with these Bylaws, (c) Payment of fees, dues and assessments to the Minnesota State Fire Depamnant Association and to the Minnesota Area Relief Association Coalition, 2009 MNF 3 C Bylaws V5.0 12 0 2009 Mi niew to F5refighter Pension consultants, MC . (d) Payment of insurance premiums to the Volunteer Firefighters Benefit Association, or an insurance company licensed by the State of Minnesota offering casualty insurance, and (e) All administrative expenses authorized under Minn. Stat. Sect. 69.80. These records shall be public and open for inspection by any member of the relief association, any officer or employee of the state or municipality, or any member of the public, at reasonable times and places. 10.4 De off All money belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies, or other depositories as the Board of Trustee may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes, the Bylaws and the investment policy. ARTICLE XI APPENDICES INCORPORATED IN BYLAWS The following appendices attached hereto are expressly incorporated herein as a component of these Bylaws, with the same legal force and effect of Bylaws. Appendix A: Bylaw Amendment History. Appendix B: Brooklyn Center Firefigh e s Relief Association Defined Benefit Lump Sum Retirement Plan. Appendix C: Benefit Levels. Appendix D: No Appendix. Appendix E: No Appendix. Appendix F: Special Laws ARTICLE XH AMENDMENTS 12.1 Amendment of Articles of Incorporation by Members. Amendments to the Articles of Incorporation must be approved by a majority of the Board of Trustees and by a majority of the Active Members. If an amendment is initiated by the Directors, proper notice of the proposed amendment must precede a meeting of the members at which the amendment will be considered and must include the substance of the proposed amendment. If an amendment is proposed, the members may demand a meeting of the Board of Trustees within 60 days for consideration of the proposed amendment if a regular meeting of the Board would not occur within 60 days. • 2009 MNFPC Bylaws V5.0 Ti 0 2009 Minnesota Fhtfighter Pension Consultants, LLC 12.2 Amendment of Articles of Incorporation by Board when Authorized by Members. • When authorized by Active Members, the Articles of Incorporation may be amended by the Board of Trustees by the affirmative vote of a majority of the Trustees then in office, at a meeting for which notice of the meeting and the proposed amendment have been given. The members may prospectively revoke the authority of the Board to exercise the power of the members to amend the Articles. Nothing in this Section shall be construed to permit the Board to adopt, amend, or repeal provisions in the Articles that would alter the rights of the membership. 12.3 Amendment of Bylaws by Board. The Bylaws of the Association may be amended by the Board at any regular or special meeting of the Board by a vote of the majority present and voting, provided that a quorum is present, and provided further that a notice of daze, time, place, purpose of the meeting and proposed amendment be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room, and in accord with Minn. Stat. §317A.231, each Trustee has been provided at least three (3), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, purpose of the meeting and proposed amendment. Board Limitations ofBylaw Amendments. Nothing in this section shall be construed to permit the Board to adopt, amend or repeal provisions regarding: (a) Amending in any way the definition of "Active Service" set forth in the Plan attached hereto Decreasing an r 1 (b) g y benefit level set forth in the Plan attached hereto (c) Changing the vesting schedule set forth in the Plan attached hereto (d) Membership (Article IV) (e) Compensation (Section 6.8) (f) Elections (Article VII) (g) Member Quorum (Section 8.5) (h) Revise the number of Members required to amend the Bylaws (Section 12.4) (i) or limit the right of at least ten percent of the membership to propose a resolution for action by the members to adopt, amend, or repeal Bylaws that the Board has taken action to adopt, amend or repeal pursuant to this section. i 2009 MNFPC Bylaws V5.0 14 0 2009 Minnesota FSrefighter Pension Cmsultnnta, U.0 12.4 Amendment of Bylaws by Members. The Bylaws of the Association may be amended at any regular or special meeting by a majority vote of the Active Members present and voting, provided that a quorum is present; and provided further that notice of any proposed amendment(s) shall be given by posting or reading the same at any regular or special meeting not more than thirty -one (3 1) days preceding that upon which such amendment(s) are to be acted upon. 12.5 Ratification of Amendments by Municipality. If the Association amends its bylaws to affect the amount of, the manner of payment of or the conditions for qualification for service pensions or ancillary benefits or disbursements other than administrative expenses, it may be necessary to obtain ratification of the amendment: by the Municipality as described. in Section 8.1 of Appendix B. 2009 MNFPC Bylaws V5.0 15 ® 2009 Minnesota Mrefighter Pension consultants, ILC Old Bylaws Revision Date10 /01 /2006 • BYLAWS BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ARTICLE 1. OFFICERS, TRUSTEES, AND COMMITTEES Section 1. Board of Trustees. The Board of Trustees shall be composed of the President, Vice- President, Secretary and Treasurer of this Association, and two trustees elected in the same manner as the officers of the Association. The Board of Trustees shall also include the Mayor, Finance Director, and Fire Chief of the City of Brooklyn Center, who shall serve as ex- officio members. The ex- officio members shall not serve as officers of the Board of Trustees. Section 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall hold office for the term of two years, and such terms shall expire in alternate years. Section 3. Election. Each officer and each elected trustee shall be a member of the Association. The Secretary and Treasurer shall be elected at the regular annual meeting, and the President and Vice - President shall be elected at the regular annual meeting in the alternate year. Section 4. Vacancies. Vacancies in office or any other vacancy on the Board of Trustees shall be filled by appointment by the remaining members of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee may be removed for cause at a special meeting of the members by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be removed unless written notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified. ARTICLE II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty. The President shall preside at all meetings of this Association, sign all checks drawn by the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be properly voted by the Board of Trustees, sign all certificates and notices requiring the i 1 Revision Date10 /01/2006 President's signature to authenticate them and have general supervision over the 9 9 p Association and its affairs. The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from time to time in the discretion of the said Board. Said bond shall be paid for by the Association. Section 2. Vice-President's Duty. The Vice - President shall assist the President and during the President's absence or disability perform the duties of the President. Section 3. Secretary's Duty. The Secretary shall give the required notice of all meetings of the Association and all meetings of the Board of trustees. The Secretary shall notify each officer and each trustee of his or her election or appointment to office. The Secretary shall keep a minute book noting therein the proceedings at all meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secretary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees. In conjunction with the City Finance Director, the Secretary must in June of each year certify an estimate of the monies necessary to meet actuarial requirements. • The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each meeting of the Board of Trustees, make a report in writing of the proceedings of the last meeting, of the names of all persons who have become or ceased to be members since the Secretary's last report, and such other information as shall show the general conation of the Association. The Secretary shall turn over all monies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same, only as directed, by check signed by the President and countersigned by the Treasurer. Under the direction of the City Treasurer, the Treasurer shall keep an account book in which the Treasurer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amount of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the T reasurer shall make a report stating the names of all persons to whom benefits or pensions have been initiated or terminated and the amount of each, the amount of money received since the last 2 Revision Date10 /01/2006 report and the source thereof, the amount of money paid out and expended during h i n f money such time and for what purpose, and the amount o y on hand and where the same is invested or deposited. The Treasurer shall examine all claims against the Association and ascertain and report to the Board of Trustees whether or not they are proper and correct before the allowance thereof by said Board. The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as may be directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may be altered from time to time in the direction of the said Board. Said bond shall be paid for by the Association. Section 5. Powers and Duties of Board of Trustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting. ARTICLE III. SPECIAL FUNDS Section 1. Deposits. Special Fund monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No monies shall be disbursed from the Special Fund for any initial service on survivor's benefits until after being reviewed by the City Finance Director. No disbursement of the Special Fund of the Association shall be made except by checks signed by the President or Vice President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until such expenditure has been approved by the Board of Trustees. i 3 Revision Date10 /01/2006 Section 3. Funds. All funds received by this Association from taxes levied by the • City Council of Brooklyn Center for Fire Department relief, all funds received from the gross premiums tax levied by the State on fire insurance and related insurance policies, and all funds or property donated, granted or devised to this Association for the benefit of the Special Fund, or transferred to said Special Fund, shall be kept in the Special Fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The Special Fund shall be generally maintained and administered by the City Finance Director and Association Trustees. Section 4. Annual Report. The Secretary and Treasurer of the Association shall provide all annual financial data requested by an auditor for preparation of an annual report. The audit report shall contain all data required for the prior year's activities of the Association and duplicate copies shall be filed with the City Finance Director and State Auditor by July 1 of each year. Section 5. Investments. To the extent that they are not required for current operating expenses, the monies of this Association shall be invested by the Board of Trustees in such income - paying properties and securities as may be authorized by law. The policy of the Relief Association is to show a consistent rate of return from year to year in accordance with the prevailing market conditions and to maintain an investment portfolio that will minimize the risk of loss to the Association. All funds received shall be invested in a timely manner with a broker or investment manager that has been approved by the Board of Trustees. Each investment made should be closely monitored by a member of the Board of Trustees or a representative approved by the Board to insure the investment is in accordance with the Relief Association investment policy. Securities shall be held in safekeeping in the Association's name, with a bonafide custodian where the account is insured up to at least $2.5 million. Any security not in safekeeping with a bonafide custodian must be kept in the custody of the City's Director of Finance. Funds shall be invested only in high grade securities with approximately 50% of the investments being in U.S. Government or government backed securities. Bonds must be investment grade quality (BBB) or better and no funds shall be invested in common stock without specific approval of the Board. Funds may be invested in mutual funds only after a review of the prospectus or most recent financial report by 4 Revision Date10 /01/2006 an authorized representative of the Board. Length of maturities generally shall be in the intermediate range of 12 -15 years. A performance review of the investment portfolio is to be done on a quarterly basis to insure compliance with the Association's investment policy. Deviations from this policy must have prior approval of the Board of Trustees and such approval properly documented in the Boards Minutes. Section 6. Custody of Funds or Dissolution. In case this Association be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new Treasurer, the funds shall be paid to the City Finance Director to be held in trust by the City Finance Director and paid out only in accordance with the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. ARTICLE IV. GENERAL FUND Section 1. Deposits. General Fund monies belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees may designate. Section 2. Disbursements. No monies shall be disbursed from the General Fund until the Association has approved the annual operating budget of the specific expenditure. No disbursement of the General Fund shall be made except by check signed by an authorized signer. Section 3. Funds. The General Fund shall be credited all monies received from dues, fines, initiation fees, entertainment revenue and any monies of property donated, given, granted, or devised by any person, for unspecified uses. The Treasurer shall be the custodian of the assets of the General Fund. The Treasurer shall maintain adequate records documenting any transaction involving the assets or revenues of the General Fund. These records shall be open for inspection by the Association Financial Planning /Audit Committee. Section 4. Financial Planning[Audit Committee. A. It shall be the duty of the Financial Planning /Audit Committee to recommend plans for managing general funds received by the Brooklyn Center Volunteer Fire Department Relief Association. • 5 Revision Date10 /01/2006 • B The Committee shall set short and long range objectives and recommend plans for achievement of the objectives. C. Plans for achievement of short and long range objectives shall be presented to the membership at the regular meeting in January. Financial reports related to short range objectives shall be presented to the membership at least quarterly at regular meetings. d. The committee shall examine accounts of the Treasurer at least once each year and shall present a report of the examination to the membership at the regular meeting in January. E. Membership of the Financial Planning /Audit Committee shall consist of five (5) regular members and the Treasurer. Members shall be appointed by the President of the Association subject to approval of the membership. Terms of office of the regular members shall be three (3) years and shall expire in alternate years. ARTICLE V. MEMBERSHIP Section 1. Membership. All members of the Brooklyn Center Fire Department shall be members of the Association. Membership in the Relief Association Pension shall begin when the firefighter starts on probation with vesting in the relief association pension commencing at his /her 10 year anniversary date on the Brooklyn Center Fire Department. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Association from and after the date of adoption of these Bylaws. A member shall be required to retire if they cannot not meet the minimum requirements of the fire department, which are maintain their state firefighter I certification, first responder state certification, pass the yearly fit test and breathing capacity test and pass the North West Hennepin County Firefighter Physical Ability Test. Section 3 Terms of Reinstatement of previously or deferred Retired Member: As of January 1, 2007 any vested deferred, previously separated, member that is reinstated under the Rules and Regulations Article 5, Section 5, shall after a five (5) year separation will have their pervious "years of active service" with the Brooklyn Center Fire Department from the date of appointment as a probationary member to the time of separation, will have those years of service frozen at the lump sum level set forth in Article VII Section 2 sub A, at the time of separation. Any future years of service will be calculated at the new rate effective in Section 2, sub. (A) At the time of his /her reinstatement. • 6 Revision Date10 /01/2006 Section 4. Termination of Membershig. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE VI. MEETINGS i Section 1. Meetings of the Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are designated by said Board. Notice of such meeting shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by Making a request to the Secretary, who shall notify all members of the Board of the time, place and purpose of the meeting at least 24 hours in advance. Section 2. Annual Meeting, The annual meeting of this Association shall be held on the second Monday of February of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five days in advance. Section 3. Special Meetings. Special meetings of the members maybe called at any time upon the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each member of this Association entitled to vote of the time, place and purpose of such meeting at least three days in advance. Section 4. Quorums. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of any business at meetings of the Board and one -half of the members of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of investments. A number less than a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. Section 5. Order of Business. At the annual and at all special meetings the order of business shall be as follows: 7 Revision Date 10/0 1 /2006 • (a) Call to order (b) Reading of minutes of previous meetings (c) Treasurer's report (d) Unfinished business (e) New business (f) Adjournment Section 6. Votina. Each member in good standing shall be entitled to one vote upon any matter voted upon by the membership. Cumulative voting and voting by proxy shall not be permitted. ARTICLE VII. BENEFITS Section 1. Definitions. For the purpose of these Bylaws the terms defined in this section shall have the following meanings ascribed to them: (A) " Member ' means a person who is currently enrolled as an active firefighter in the Fire Department, and who belongs to the Brooklyn Center Fire Department Relief Association. The member becomes vested for retirement benefits upon reaching 10 years of service. (B) " Retired member means a former member, (1) Who has retired from the Fire Department; and (2) who has had an active period or periods of service in the Fire Department of 20 years or more, although such service need not be continuous; and (3) Who has reached the age of 50 years or more; and (4) Who has retired after December 31, 1993. (C) " Deferred pensioner means a former member, (1) Who has separated from the Fire Department; and 8 Revision Date10 /01/2006 (2) who has had an active period or periods of service in the Fire Department of 10 years or more, although such service need not be continuous; and 1 (3) Who has not reached the age of 50 years or more; and (4) Who has separated after December 31, 1993. (D) Previously retired member means any retired member, or deferred pensioner but who separated from the Fire Department prior to January 1, 1994. (E) " Surviving Spouse means any person who was the dependent spouse of a deceased member and who was living with such member at the time of such member's death. (F) " Surviving child or children means an active member or a deferred pensioner's child or children or a child who was born within nine months after the active or deferred member deceased date. . (G) " Length of service or " years of active service means completed years and months of service with the Fire Department from the date of appointment as a probationary member of the Fire Department to the date of separation from the Fire Department for those persons separated after January 31, 1974, excluding, however, all periods during which a person was on a leave of absence or under suspension from the Fire Department. Effective January 1, 2007 all periods of time (Quarters) during which a member does not meet the minimum expected performance requirement of the Brooklyn Center Fire Department will be deducted from his /her pension. (H) " Fire Department means the City of Brooklyn Center Fire Department. Section 2. Service Pensions. (A) Basic Service Pension for Retired Members. Effective May 1, 1998 (5/1/98) only lump sum pensions will be paid. Upon approval of an application a lump sum service pension based on the table 1 on page 9 for each year and months of active service with the Brooklyn Center Fire Department and further multiplied by the decimal equivalent of 9 Revision Date10 /01 /2006 • the applicable percentage determined from Table 2 on page 10. There shall be no limit as to the number of years a fire department member can receive can receive credit toward.their pension. Table 1 Effective Monthly Benefit Lump Sum Date of Retirement Level Level 1/1/94 $24.50 $3,500 1/1/95 $24.50 $3,750 1/1/96 $26.50 $4,000 1/1/98 Lump Sum Only Distribution $5,000 1/1/2004 $6.000 1/1/2005 $7,000 1/1/2006 $7,500 (B) Military Leave for Training Recall for Active Duty: Firefighters, who are members of any reserve component of the military forces of the United States of National Guard, will be granted leave of absence without loss of status or pay not to exceed 15 working days per year when ordered to training of active service. The City must receive a copy of the orders from the proper authority directing the employee to report to duty. Military leaves of absence with or without pay shall be granted as provided in Minnesota and Federal regulations. (C) Service Pensions for Deferred Pensioner. A member who is otherwise ualified for a service pension but who has not q reached the age of 50 ears may retire from the Fire Department without 9 Y Y Pa forfeiting the members right to such pension. Upon approval of an application when he /she reach's their 50"' birthday, the deferred pensioner shall receive a pension based on Table 1 above multiplied by such person's years of active service with the Fire Department and further multiplied by the decimal equivalent of the applicable percentage determined from Table 2. 10 Revision Date10 /0112006 TABLE 2 YEARS OF SERVICE Years of Applicable Servic Percentaae 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 19 96 20 and beyond 100 (C) Effective June 1, 2004 (6/1/04) a deferred pensioner's lump sum pension will accrue no interest during the time they leave the Brooklyn Center Fire until they are eligible to receive their lump sum pension payment. Section 3. Permissible Forms of Benefit. Any member that retires or any deferred member my receive in lump sum only for his /her pension benefits they have acquired during active service in the Brooklyn Center Fire Dept. (A) Lump Sum Distribution. A retired member or deferred pensioner can only receive their service pension in lump sum. The amount of such lump sum distribution shall be equal to the product of Table 1, multiplied by the number of years of active service in the Brooklyn Center Fire Department less all leaves and suspensions. The amount of the lump sum paid shall be equal to the product of table (1) at the time the person separated from active service with the 11 Revision Date10 /01/2006 Brooklyn Center Fire Department. The lump sum amount shall be • computed from Table (1) but shall then be reduced in the manner provided in Table (2) according to the Minnesota State Pension Rules and Regulations. (B) Consent of Spouse Required. If a member is married on the date the benefits are payable under sections (A) and tables (1) and (2) the spouse of the person entitled to receive this lump sum pension must also have his or her signature on the application form, the spouse's signature must be notarized if he /she does not appear in person. (C) Commencement Date of Benefits. Payments will be paid within 30 working days after the Brooklyn Center Fire Department receives the signed and notarized documents requesting the lump sum pension payment provided the retiring member or deferred retired member has reached the age of 50 and the Board of Trustees approves the applications for benefits. Section 4. Payments Exempt. No payments of benefits made or to be made by the i Association as provided herein shall be assignable or subject to judgment, garnishment, execution or other legal process. ARTICLE VIII. APPLICATION FOR BENEFITS Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Treasurer. Section 2. Application for Pensions. All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (A) The age of the applicant; (B) The period of service in and the date of retirement from the Fire Department; 12 • Revision Date10 /01/2006 (C) The length of time the applicant has been a member of this Association; and (D) Such other and further information as the Board of Trustees may require. in writing to the form of payment elected by such member. (E) Survivors Benefits. Upon the death of a vested active member or vested deferred member after May 1, 1998 (1/1/98) the surviving spouse or in the event the deceased member died without a surviving spouse the surviving children or his /her estate shall upon presentation of a certified death certificate shall receive all benefits due at the date of his /her death. This amount shall be payable only in a lump sum based on Table (1) but then shall be reduced in the manner provided in Table (2) according to the Minnesota State Pension Rules and Regulations. Section 3. Approval of Application. (a) No benefits or pensions shall be paid until an application therefore has been approved by the Board of Trustees. When consistent with applicable laws, decisions of the Board shall be final as to the payment of such benefits or pension, and if the Board deems it for the best interest of the Association, it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as otherwise specifically provided herein. (b) All payments required or provided for by law, or the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. ARTICLE IX. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits. In the event that the services of all volunteer firefighters are discontinued or, the volunteer division of the City of Brooklyn Center Fire Department is abolished, then the volunteer firefighters who are members of the Association at the time of such discontinuance and abolition may elect to be paid a service pension in a lump sum, in lieu of all other benefits provided in these Bylaws, in an amount multiplied by the number of completed years and months of active service rendered in the Fire Department by such member prior to such discontinuance and abolition; provided, however, that the Association's obligation to pay the foregoing lump sum benefit is subject to the availability of sufficient assets 13 Revision Date10 /01/2006 • to pay such lump sum benefit and any other benefits then accrued, and in the event that the Association's assets are insufficient to pay all such benefit claims, then the only assets available to pay such lump sum benefits to those persons having less than 10 years service with the Fire Department shall be those assets in excess of the actuarially determined amount necessary to pay those benefits which were accrued as of the date of such discontinuance or abolition; provided, further, that nothing in this Section 1 shall be deemed to restrict, diminish or deny any benefits to any member who had any vested interest in any benefits provided in these Bylaws determined as of the date of such discontinuance or abolition. • 14 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • July 12, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. West Mississippi Watershed Management Commission's 2011 Operating Budget 2. Shingle Creek Watershed Management Commission's 2011 Operating Budget 3. Firehouse Park Basketball Court Update PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Sister City Update — Curt 2. 57th and Logan Update 3. Strategic Outcome Reports 4. Prosecutor Services Contract • 5. Community Schools Update 6. 2011 Brooklyn Center Celebration Update 7. Neighborhood Designations 8. Junk and Inoperable Vehicles Update — Back Yard Parking 9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 10. Brookdale Mall Update 11. Joslyn/City Property Remediation Update 12. Department Year End Reports 13. Active Living Program 14. RER — Howe Fertilizer Update 15. Garbage Hauler Report Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: July 6, 2010 • TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer. SUBJECT: West Mississippi Watershed Management Commission's 2011 Operating Budget Recommendation: It is recommended that the City Council consider providing direction to staff regarding the West Mississippi Watershed Management Commission's 2011 Operating Budget. Background: The Joint Powers Agreements (JPA) for the referenced commission provides that a member city may object to the operating budget by giving written notice to the Commission by August 1 of the preceding year. If objections are received, the Commission will hear the objections and "may" modify the budget. The most recent JPA amendment set an "assessment cap" on the administrative budget. Assessments above the cap require city council approvals from a majority of the member cities. The proposed assessment for 2010 does not exceed the cap. • Policy Issues: The proposed Brooklyn Center assessment for 2011 is equal to the.2010 assessment of $128,000. The total operating budget for 2011 is $182,600, a decrease from $189,510 in 2010. It should be noted that the final approval of the watershed's 2011 capital improvement projects that occurs later this year is not part of and will not revise the operating budget. There are no noted objections to the proposed budgets from the City's watershed commissioner and none from City staff. Council Goals: Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • Vission: Estsurin- an attr active. clean, safe continnnitV that enhances the quulit gf(ife and preccrve.r the /tublic tow 3235 Fernbrook Lane N • Plymouth, MN 55447 �JJ�JJ Phone (763) 5 -11 44 • Fax (7 553 - 9326 • ( i1 jaterskel Wa"�e*ewt CoH..wassmw „ www.shinglecreek.org June 29, 2010 City Clerks Member Cities West Mississippi Watershed Management Commission Hennepin County, Minnesota RE: West Mississippi Watershed Management Commission 2011 Operating Budget and Member Assessments Dear Clerks: At its June 10, 2010 meeting, the West Mississippi Watershed Management Commission adopted its general fund budget for calendar year 2011. The budget is outlined in Table 1 below. Table 2 describes the line items in more detail. Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a member city may object to the budget by giving written notice to the Commission before August 1, • 2010. If any objection is received, the Commission will hear the objections and may modify the budget. An amendment to the Joint Powers Agreement also sets an "assessment cap" on the Commission's administrative budget. The budget cap can only be exceeded if the city councils of a majority of the Commission members adopt resolutions approving the higher assessment prior to September 1, 2010. The 2011 budget adopted by the Commission does not exceed the budget cap and, in fact, maintains total assessments to the member cities at the 2010 level. Table 3 shows each member's share of the annual assessment. The 2011 budget continues existing activities and adds one significant new item — the Shingle Creek /West Mississippi Third Generation Watershed Management Plan. At its May 27 meeting the joint Shingle Creek /West Mississippi Technical Advisory Committee (TAC) discussed strategies for funding the upcoming Third Generation Plan. The TAC recommended that the Commission propose both the operating budget and assessments and the budget and reserves funding for the Third Generation Plan at this time. The TAC further recommended that: 1. The Third Generation Plan should again be conducted jointly with the Shingle Creek Watershed Management Commission and the cost split 70/30 between Shingle Creek and West Mississippi. 2. Seventy percent of the estimated $100,000 cost of the Plan should be budgeted in 2011 and 30 percent in 2012. 3. The Third Generation Plan should be incorporated into the 2011 budget. • Brooklyn Center • Brooklyn Park • Champlin • Maple Grove • Osseo 2011 Operating Budget June 29, 2010 Writerdd ✓Wr, ,ve,„e,,,t �o» w ssm ([�(( Page 2 The Commission's 2011 budget includes $21,000 (70 percent of 30 percent) for the Third Generation Plan and allocates funding from the cash reserves for that purpose. The remaining 30 percent will be included in the Commission's 2012 budget. The West Mississippi Watershed Management Commission requests approval of its 2011 Operating Budget. Your cooperation in continuing the important work of the Commission is greatly appreciated. Questions may be directed to this office or to your representative. Sincerely, J-Aj� Judie A. Anderson Administrator JAA:tim Cc via email: City Managers Commissioners TAC Members Commission Staff Brooklyn Center • Brooklyn Park • Champlin • Maple Grove • Osseo 2011 Operating Budget ► wissfss�pi Jun e 29, 2010 Page 3 • Table 1- Approved West Mississippi Watershed Management Commission 2011 Budget. (see Table 2 below for descriptions of activities) Approved Actual Approved Actual Approved Approved 2008 2008 2009 2009 2010 2011 INCOME 1 Application fees $5,000 $ 3,800 $5,000 0 $3,000 $3,000 2 Wetland reviews 3 Interest income 5,000 6,300 12,000 819 1,200 1,000 4 Grants 5 Reserve: special monitoring 53,610 29,600 6 Assessment 125,600 125,600 130,620 130,620 128,000 128,000 7 Education reimbursement 3,700 8 Reserve: 3 Generation Plan 21,000 9 Ad valorem: Stream stab at Mill Pond 250,000 TOTAL INCOME $135,600 $135,700 $147,620 $131,439 $189,510 $432,600 EXPENSES OPERATIONS Administration: 10 Administrative Services 30,800 27,497 30,800 25,758 26,200 26,000 11 TAC /Engineering Support 5,000 6,159 6,000 3,517 6,000 6,000 Engineering: 12 Administration 18,000 17,917 18,000 14,672 18,000 20,000 13 Management Plan 3,000 4,086 3,000 381 2,000 14 Grant Writing 2,150 87 2,000 1,000 1,500 PRAP 1,339 Legal. 15 Legal Services 5,500 3,648 5,000 3,375 4,500 4,500 Project Reviews: 16 Engineering 15,000 15,685 15,000 10,416 13,000 12,000 17 Administration 2,500 394 2,000 2,301 1.000 2,000 Miscellaneous: 18 Accounting 2,250 2,954 2,250 2,706 2,250. 3,000 19 Audit 5,000 4,500 5,000 4,500 4,500 5,000 20 Contingency 1,500 0 1,500 1,500 1,500 21 Insurance & Bonding 3,000 2,269 3,000 2,099 3,000 3,000 22 Meeting Expense 1,200 1,167 1,200 1,319 1,400 1,600 SUBTOTAL OPERATIONS $94,900 $86,363 $94,750 $72,384 $84,350 $86,100 MONITORING/ INFO GATHERING 23 Volunteer stream monitoring 1,000 1,000 1,000 1,000 1,000 1,000 24 Volunteer wetland monitoring 1,000 1,000 3,000 1,500 2,000 2,000 25 Outfall and stream monitoring 48,610 22,000 26 Annual Monitoring Report 2,000 5,000 SUBTOTAL MONITORING $2,000 $2,000 $4,000 $2,500 $53,610 $30,000 Brooklyn Center • Brooklyn Park • Champlin • Maple Grove • Osseo 2011 Operating Budget St �(� ( June 29, 2010 �Jrtcrs�e r ✓�a�eH.ewt � »;55r� Page 4 EDUCATION AND PUBLIC OUTREACH 27 Education Program 25,700 31,265 26,000 24,523 28,200 28,000 28 Rain Garden Workshops 2,000 29 Education Grants 3,000 808 3,000 1,800 2,000 2,000 SUBTOTAL EDUCATION $28,700 $32,073 $29,000 $26,323 $30,200 $32,000 MANAGEMENT PLANS 30 P8 Model $14,870 3,500 31 Management plans 5,000 10,290 4,280 10,000 32 3` Generation Plan 21,000 SUBTOTAL MGMT PLANS $5,000 $10,290 $14,870 $4,280 $10,000 $3,500 33 Contribution to constr /grant match 5,000 5,000 5,000 10,000 34 Contribution to 3d Gen Plan 6,350 TOTAL OPERATING EXPENSE $135,600 $130,726 $147,620 $105,487 $189,510 $182,600 CAPITAL IMPROVEMENT PROJECTS 35 Stream stab at Mill Pond $250,000 TOTAL CIP - $0 $0 $0 $0 $250,000 TOTAL OPERATING+CAPITALD(PENSE $135,600 $130,726 $147,620 $105,487 $189,510 $431,600 Table 2 - Budget Descriptions Line Description 1 The Commission changed its application fee structure for 2006 with the intent to recover a greater share of the cost of project reviews. While the revised structure does not fully fund that activity, it does appear to be recovering a greater share. With the number of undeveloped lots still on the market in northern Brooklyn Park, we expect a continued lower level of applications in 2011. While it can be difficult to predict the number of project reviews that will be completed in a particular year, we recommend that the Commission budget for application fees at $3,000. 6 The proposed assessment of $128,000 is the same as 2010, which was a 2% decrease from 2009. There was no increase from 2007 to 2008 and a 4% increase between 2008 and 2009. 7 Commission technical and administrative staff have been providing services to the Joint EPOC for the past few years. Starting in 2010 Bassett, Elm, and Pioneer -Sarah Creek WMOs will be requested to help fund those services. Shingle Creek WMO will provide the administrative lead going forward. 10 -11 These line items are to provide administrative support (scheduling, minutes, etc) for regular TAC meetings and any special TAC, TMDL or other meetings that require administrative support, as well as general administrative duties such as notices, mailings, and correspondence. 16 While project reviews have been fewer, this line item also funds review of Local Water Management Plans and Comprehensive Plan amendments and updates. 23 -24 At this time there are no recommended changes to the volunteer stream or wetland monitoring budgets. One stream site is monitored (Mattson Brook) through the River Watch program, and two wetlands through the Wetland Health Evaluation Program, both volunteer programs managed by Hennepin County. 25 This item continues the special outfall and stream monitoring started in 2010. 26 This line is the Commission's contribution to the Annual Water Quality Monitoring Report. 27 The cost of the Education program is split 50/50 between Shingle Creek and West Mississippi. 30 -31 The Commission has in the past budgeted $5,000 annually to prepare management plans. The Wetland • Management Plan is scheduled for 2010. Funds budgeted in 2011 would complete the P8 model. 32 Staff recommends an increase in the grant match set - aside. Brooklyn Center - Brooklyn Park - Champlin - Maple Grove - Osseo 2011 Operating Budget ts&ssff ( June 29, 2010 "�ters�e e, t (.or w ss o j` Page 5 Table 3 - Member Assessments 2009 2008 Tax Cost Allocation Cost Based Total Cost Community Acreage Based on Area on Tax Ca paci Capacity %age Dollars %age Dollars %age Dollars Brooklyn Center 1,660 7,550,258 10.46% 6,831.42 10.92% 7,131.51 10.69% 13,962.93 Brooklyn Park 9,880 39,302,859 62.26% 40,659.28 56.84% 37,123.08 59.55% 77,782.36 Champlin 3,6201 18,876,647 22.81% 14,897.43 27.30% 17,829.73 25.06% 32,727.16 Maple Grove 530 2,362,323 3.34%1 2,181.12 3.42% 2,231.311 3.3896 4,412.42 Osseo 180 1,052,761 1.13% 740.76 1.52% 994.37 1.33% 1,735.13 Totals 15,870 69,144,848 100.00% 65,310.00 100.00% 65,310.00 100.00% 130,620.00 2010 2009 Tax Cost Allocation Cost Based Total Cost Community Acreage Capacity Based on Area on Tax Ca paci %age Dollars %age Dollars %age Dollars Brooklyn Center 1,660 7,195,754 10.46% 6,694.39 10.68% 6,834.01 10.57% 13,528.40 Brooklyn Park 9,880 39,501,884 62.26% 39,843.73 58.62% 37,516.03 60.44% 77,359.76 Champlin 3,6201 17,466,041 22.81% 14,598.61 25.92% 16,587.98 24.36% 31,186.59 Maple Grove 530 2,201,892 3.34% 2,137.37 3.27% 2,091.20 3.30% 4,228.56 Osseo 180 1,022,179 1.13% 725.90 1.52% 970.79 1.33% 1,696 Totals 15,870 67,387,750 100.00% 64,000.00 100.00% 64,000.00 100.00% 128,00 2011 2010 Tax Cost Allocation Cost Based Total Cost Community Acreage Based on Area on Tax Ca paci Capacity Based Dollars %age Dollars %age Dollars Brooklyn Center 1,660 6,506,852 10.46% 6,694.39 11.14% 7,127.43 10.80% 13,821.82 Brooklyn Park 9,880 33,146,035 62.26% 39,843.73 56.73% 36,307.27 59.49% 76,151.00 Champlin 3,6201 15,889,271 22.81% 14,598.61 27.19% 17,404.68 25.00% 32,003.29 Maple Grove 530 2,107,081 3.34% 2,137.37 3.61% 2,308.04 3.47% 4,445.41 Osseo 180 778,356 1.13% 725.90 1.33% 852.59 1.23% 1,578.49 Totals 15,870 58,427,5951 100.DO%l 64,000.00 100.00% 64,000.00 100.00% .128,000.00 Z: \WestMiss \Financials \Financials 2011 \L_transmitting WM 2011 budget to cities.doc Brooklyn Center • Brooklyn Park • Champlin • Maple Grove • Osseo • Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: July 6, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer VA SUBJECT: Shingle Creek Watershed Management Commission's 2011 Operating Budget Recommendation: It is recommended that the City Council consider providing direction to staff regarding the Shingle Creek Watershed Management Commission's 2011 Operating Budget. Background: The Joint Powers Agreements (JPA) for the referenced commission provides that a member city may object to the operating budget by giving written notice to the Commission by August 1 of the preceding year. If objections are received, the Commission will hear the objections and "may" modify the budget. The most recent JPA amendment set an "assessment cap" on the administrative budget. Assessments above the cap require city council approvals from a majority of the member cities. The proposed assessment for 2011 exceeds the cap by $42,000; $5,040 of which the City of Brooklyn Center would be responsible for. Attached for additional background information are a letter from the Commission dated June 30, 2010 and a letter recommending support of the operating budget from the Technical Advisory Committee dated June 29, 2010. Policy Issues: The proposed Brooklyn Center assessment for 2011 is $42,411, an increase from the 2010 assessment of $37,100. The total operating budget for 2011 is $413,400 compared to $449,260 in 2010. The City of Brooklyn Center's share is paid for out of the Storm Water Utility Fund. It should be noted that the final approval of the watershed's 2011 capital improvement projects that occurs later this year is not part of and will not revise the operating budget. Council Goals: Strategic: 1. We will ensure the City drinking water is high quality and that the storm water is properly managed _ilission: Ensuring an attractive, clean, safe conrtmunitP that enhances the qualitt= of life audlwcserves the prrhlic trust S hin r k Watershed Management Commission 0 3235 Fernbrook Lane N - Plymouth, MN 55447 Phone (763) 553 -1144 - Fax (763) 553 -9326 www.shinglecreek.org June 30, 2010 City Clerks Member Cities Shingle Creek Watershed Management Commission Hennepin County, Minnesota RE: Shingle Creek Watershed Management Commission 2011 Operating Budget and Member Assessments Dear Clerks: At its June 29, 2010 meeting, the Shingle Creek Watershed Management Commission adopted its administrative budget for calendar year 2011. The budget is outlined in Table 1 below. Table 2 describes the line items in more detail. Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a member city may object to the budget by giving written notice to the Commission before August 1, 2010. If any objection is received, the Commission will hear the objections and may modify the budget. An amendment to the Joint Powers Agreement (JPA) passed in 2004 sets an "assessment cap" on the Commission's administrative budget limiting the increase in member city assessment to the amount of increase in the Consumer Price Index. The CPI increased 2.3 percent from 2009 to 2010, thus increasing the maximum potential assessment set by the cap to $311,400. The Commission proposes a 2011 budget for Commission routine activities that does not increase the member city assessment over the 2010 assessment of $304,400. There was no increase in the member city assessment between 2009 and 2010, so the $304,400 assessment proposed for 2011 for routine operations is the same as the assessment in 2009 and 2010. However, the Commission proposes in 2011 to start the two -year process of preparing its Third Generation Watershed Management Plan. The Second Generation Plan expires at the end of 2012. By state statute watershed management organizations must revise their management plans every ten years. (More information on the requirements of the Third Generation Plan is attached.) The Commission proposes a one - time assessment of $49,000 in 2011 and a one -time assessment in 2012 estimated at $21,000 to fund this required plan. This cost would require an assessment above the cap established by the JPA. Because the Commission could have increased the assessment by $7,000 (2.3 percent) but chose not to, the actual amount of above - the -cap assessment would be $42,000 ($49,000 - $7,000). The assessment cap can only be exceeded if the city councils of a majority of the Commission members adopt resolutions approving the higher assessment prior to September 1, 2010. The Commission respectfully h member cities to authorize exceeding the assessment ca in 2011 for the p u rpose of fundin req uests the di Q � p p p g preparation aration of the Third Generation Watershed Management Plan. A model resolution is rove for Y our provided convenience. Table 3 below shows each city's share of the Third Generation Management Plan assessment of $49,000 as well as each member's share of the annual assessment for all Commission 2011 activities including the Third Generation Plan. Brooklyn Center - Brooklyn Park - Crystal - Maple Grove - Minneapolis - New Hope - Osseo - Plymouth - Robbinsdale June 30, 2010 Shingle Creek 2011 Operating Budget Page 2 t Background The Second Generation Management Plan was completed in 2001 -2002 at a total cost of about $200,000. The Commission has been very successful at obtaining planning grants and other state and federal funding for the lakes and stream TMDLs and other studies, largely on the strength of its Second Generation Plan. The Commission has been able to accomplish over $400,000 of planning and study work at limited cost to the cities, and this work will form the core of the Third Generation Plan. Because of this, we are confident that the Third Generation Plan can be completed at a much lower cost, which we estimate at about $100,000 based on our discussions with the Board of Water and Soil Resources, the agency that regulates watershed and local water management planning. The Commission proposes to again prepare a joint management plan with the West Mississippi Watershed Management Commission and to split that cost 70/30. Therefore, the actual cost to the Shingle Creek cities will be an estimated $70,000. The higher percent for Shingle Creek reflects the greater number of water resources in Shingle Creek. So that the Third Generation Plan can be approved by the end of 2012, the Commission proposes to complete the draft plan by mid -2012 to allow for the six month review and approval process required by statute. Most of the Plan work is expected to occur in 2011, so the Commission proposes to budget 70 percent of the Shingle Creek share of $70,000 ($49,000) in 2011, and the balance in 2012. The Commission and its Technical Advisory Committee (TAC) met several times to review the budget and funding options. As detailed in the attached Q & A and the memorandum from the TAC to the Commission, the Commission evaluated the possibility of funding the $49,000 from within the existing operating budget. However, funding the $49,000 from the budget would cut required activities such as monitoring or education that would simply shift from the Commission to the member cities, resulting in increased city costs. The Commission also evaluated funding the Third Generation Plan from the cash reserve, but that account was depleted by financing the Second Generation Plan from the reserve, and the assessment cap limited the Commission's ability to budget an annual contribution towards the Third Generation Plan. The Shingle Creek Watershed Management Commission requests approval of its 2011 Operating Budget, including the proposed above - the -cap assessment for the purpose of commencing the Third Generation Watershed Management Plan. Your support in continuing the important work of the Commission is greatly appreciated. Questions may be directed to this office or to your representative. Sincerely, Judie A. Anderson Administrator JAA:tim Cc via email: City Managers Commissioners TAC Members Commission Staff Z: \Shingle Creek \Financials \Financials 2011 \L - cities re 2011 above the cap assessment.doc • Table 1. Approved Shingle Creek Watershed Management Commission 2011 Budget. (see Table 2 below for descriptions of activities) Approved Actual" Approved Actual Approved: Approved ' 2008... 2008.. 2009 =' 2009 INCOME 1 Application fees $15,000 $16,550 $15,000 $6,800 $12,000 $12,000 2 Wetland reviews (1,500) 3 Interest income 5,000 6,763 10,500 1,479 3,000 1,500 4 Assessment 292,760 292,761 304,470 304,470 304,400 304,400 5 Additional assessment 49,000 6 Education reimbursement 2,341 3,700 6,500 7 DO /Biotic integrity 1 45,261 8 DO /Biotic integrity 2 8,601 118,900 26,268 9 Chloride TMDL prewet grant 56,425 185,906 10 Chloride TMDL eval grant 4,800 11 639W Feas Study grant 60,000 38,245 12 639W Feas from cities 30,000 30,000 13 639W Feas from reserve 30,000 30,000 14 Channel design - reach 76 16,025 (16,025) 15 Rain garden workshops 6,500 9,000 10,000 16 Crystal Twin Oak Pond grant 73,080 17 Paired Intersectn grant 134,750 116,160 30,000 18 Paired Inscn comm. contrib 14,550 15,000 19 Ad Valorem - previous 322,500 2,960 20 Ad Val -Twin Oak Pond 77,500 112,069 21 Ad Val - 639W Wetland 30,000 22 2009 Ad Val - Crystal Lake $100,000 23 639W Wetland Construction 142,500 24 New Hope 45th Ave Pond 137,500 25 SC Stabil -194 to CR10 107,500 26 Minneapolis Greenway 250,000 TOTAL INCOME $670;060. $551,9,66 $795;670`: $702,013 ..$554,260 $1;050,900" EXPENSES OPERATIONS Administration: 27 Administrative Services $57,160 $71,321 $59,150 $76,245 $59,500 $63,000 28 TAC /Engineering Support 5,000 21,176 15,000 22,303 15,000 19,000 29 PRAP 2,000 1,436 0 Engineering: 30 Administration 41,000 51,833 44,150 58,064 42,200 46,000 31 Management Plan 3,000 3,998 3,000 1 3,000 32 Grant Writing 6,000 6,677 7,500 12,350 8,500 9,000 33 TMDL/CIP Engineering 8,000 10,029 8,000 10,000 9,000 34 PRAP 3,000 2,836 Legal: 35 Legal Services 12,000 8,991 10,000 6,842 9,000 8,000 App�o4ed Actual Approved Actual, Approved Approved 2008.; 2008 20091 2009,O1D r ; 2011 .._.; Project Reviews: 36 Engineering 32,000 31,701 32,000 17,326 20,000 19,500 37 Administration 4,300 2,960 2,500 1,255 1,000 500 Miscellaneous: 38 Bookkeeping 4,000 6,892 4,000 6,326 4,500 5,000 39 Audit 5,000 4,500 5,000 4,500 4,500 5,000 40 Contingency 5,000 5,000 855 2,000 5,000 41 Insurance & Bonding 3,000 2,257 3,000 2,022 3,000 3,000 42 Meeting Expense 2,800 2,724 2,800 3,078 2,700 3,200 43 Miscellaneous 5 SUBTOTAL OPERATIONS $188,260 $225,059 $206,100 $216,510 $184,900 $195,200 MONITORING AND INFO GATHERING 44 Comm stream monitoring $42,300 $48,575 $41,570 42,733 $36,500 $36,500 (in (in (in (in (in above) 45 USGS site monitoring above) above) above) above) 46 Chloride TMDL ann report 5,000 4,044 5,000 0 47 TMDL prewetting evaluation 4,800 165 4,800 130,987 0 48 Vol lake monitor (CAMP) 6,500 6,964 6,500 4,302 6,500 5,500 49 Vol stream mon(Riverwatch) 3,000 3,000 3,000 3,000 3,000 3,000 50 Vol wetland mon (WHEP) 3,000 2,000 3,000 2,000 2,000 51 Annual Monitoring Report 10,000 10,000 52 SUBTOTAL MONITORING $64,600 $64,748 $63,870 $183,022 $58,000 $55,000 EDUCATION AND PUBLIC OUTREACH 53 Education program 25,700 29,765 26,000 25,060 28,200 28,000 54 Education and impl grants 3,000 80$ 3,000 1,800 2,000 2,000 55 Rain garden workshops 6,820 10,913 0 12,000 56 Chi TMDL annual workshop 1,000 1,000 0 2,000 57 Salt workshops 4,309 - 1,804 0 1,000 SUBTOTAL EDUCATION $29,700 $41,702 $30,000 $39,577 $30,200 $45,000 MANAGEMENT PLANS TMDLs: 58 Lakes Phase II 402 59 SC DO /Biotic Integrity 83,157 118,900 47,639 60 TAC/TMDL 10,007 4,200 Management plans: 61 Lake TMDL impl plan 3,459 62 Management Plans 15,000 15,577 63 P8 Model 15,000 6,447 15,000 64 Crystal Lake BMP project 10,000 65 Wetland Management Plan 4,623 15,000 66 Third Gen Mgmt Plan 49,000 SUBTOTAL MGMT PLANS $15,000 $107,218 $133,900 $64,093 $25,000 $68,200 67 Regent to Noble Restoration 928 68 Paired intersectn study 149,300 71,278 131,160 30,000 69 Channel design -Reach 7B 28,075 16 70 Wetland 639W Feas Study 30,000 30,559 90,000 967 i Approved Actual Approved.;, ' Actual Approved Approved . 2008 , 2008,:,. 2D09; ° 2009. 2010,. :2011 71 Contrib to constr /grant match 20,000 20,000 20,000 20,000 72 Chl TMDL prewet grants 11,050 SUBTOTAL PROJECTS $50,000 $69,684 $259,300 $73,173 $151,160 $50,000 TOTAL OPERATING 'EXPENSE' $347,560•. $508;411 $693,170 ';,$576,375 , :,$449,260'' 1 .. . ..... ....... CAPITAL IMPROVEMENT PROJECTS 73 1 New Hope Wincrest Pond 72,500 46,691 74 Maple Grove Pond P51 250,000 75 Crystal Twin Oak Pond 1,632 77,500 63 76 Wetland 639W Feasiblity 5,801 36,970 77 Crystal Lake 350 2,019 100,000 78 Twin Oak Pond grant pass -thru 73,080 79 639W Construction 142,500 80 New Hope 45 Ave Pond 137,500 81 Stream Stabil -194 to CR 10 107,500 82 Minneapolis Greenway 250,000 83 To reserves 30,000 5,000 SUBTOTAL CIP $322,500 $80,863 $107,500 $85,743 $105,000 $637,500 TOTALOPERATING+CAPITALD(PENSE'' $670;060. ::$589;274 $800,670;; $662;138'. .$554,260„ ,$1;050,900,:'. Table 2. Budget Descriptions Line Explanation • 1 The Commission increased its application fee structure for 2006 with the intent to recover a greater share of the cost of project reviews. While the revised structure does not fully fund that activity, it does appear to be recovering a greater share. Given the economy and the lesser rate of development and redevelopment, we expect project review activity in 2011 to be less than past years and recommend no change to the fee structure or expected revenue for 2011. 3 The Commission uses the 4M fund to manage its funds. Interest rates are very low and likely to remain so. We recommend decreasing the expected interest income to $1,500. 4 The proposed assessment of $304,400 is an increase of 0% over the 2010 assessment. Member assessments did not increase in 2010 over the 2009 assessment. 5 The additional assessment proposed to complete the first year of the Third Generation Watershed Management Plan development. 6 Commission technical and administrative staff have been providing services to the Joint EPOC (now the West Metro Water Alliance) for the last few years. Starting in 2010 Elm, Bassett, and Pioneer -Sarah Creek WMOs were requested to help fund those services. 7 -17 Grant and other funds received, generally for special studies or projects. Grants are often reimbursement grants, so revenues and expenses may not always "match up." Line 16 Rain Garden Workshops - the Commission acts as a fiscal agent for the cost of providing Metro Blooms rain garden workshops in various locations, and costs are reimbursed by the cities 19- These lines are the Commission share for those capital projects that are listed in the CIP for public hearing 26 in 2010 for levy in pay 2011. These projects must be considered through the public hearing process prior to being ordered. The Commission must take additional affirmative action to order these projects and expend these funds. 27- These line items are to provide administrative support (scheduling, minutes, etc) for regular Commission 29 and TAC meetings and any special TAC, TfADL or other meetings that require administrative support, as well as general administrative duties such as notices, mailings, and correspondence. There has been a significant increase in activity as TMDLs and other special studies are completed. The Watershed Engineer continues to request the administrator to take on tasks that she can perform more cost effectively. - 0 Line Explanation 30- This line item includes general engineering support for the Commission and TAC and funds to write grant 34 applications. As the Commission continues to be successful in obtaining grant funds and TMDL funding, there is an increasing amount of work involved in managing the projects that is not included in the grant funding. Activities such as developing work plans, biennial reporting, and negotiations with granting agencies are funded from the general engineering budget, and we expect that level of activity to continue. 36- These line items are for project reviews, review of Local Water Management Plans and Comprehensive 37 Plan amendments and updates, and general inquiries about upcoming projects. 44 The Commission's routine stream monitoring program. Flow and water quality are monitored at two sites — SC-0 at Webber Park in Minneapolis and SC -3 at Brooklyn Boulevard in Brooklyn Park. This line item also includes the Commission's share of operating the USGS real -time monitoring site at Queen Avenue in Minneapolis. 48- At this time we are not recommending adjustments to the volunteer lake and stream monitoring budgets. 50 Each year 5-7 lakes are monitored and four volunteer macroinvertebrate sites. For 2011 the Commission will discontinue volunteer wetland monitoring. 51 This line item is the annual water quality report, which provides a record of all the monitoring results for the year as well as analysis of water quality trends. This is a new line item that previously was funded from line item 44. 53 The Commission provides education and outreach activities that fulfill the member cities' NPDES Phase II permits. The cost of the Education program is split 50/50 between Shingle Creek and West Mississippi. 56- The cost of the proposed fall 2011 chloride workshop and potential cost participation in private salt 57 applicator workshops provided by Nine Mile Creek WD. 61- The Commission budgets funds annually to prepare management plans, such as the Shingle Creek Corridor 65 Study, Phase II Stream Assessment, Chloride TMDL Implementation Plan, Lake Management Plans, and the P8 model. We recommend this funding be used to complete the watershed P8 model (see above.) 66 The Third Generation Watershed Management Plan. 67- The costs associated with grant- funded studies and special projects. 72 73- These line items are the proposed Commission share for those capital projects that are certified to the 82 county levy. These projects must be considered through the public hearing process prior to being ordered. The Commission must take additional affirmative action to order these projects and expend these funds. This action includes: adopting the Major Plan Amendment that includes the revised CIP; receiving a request from the affected member city(ies) to consider the project; providing public notice and holding a hearing; and ordering the project. r Table 3. Member Assessments — Third Generation Plan Only Cost Allocation Cost Based Total Cost Community Acre- 2010 Tax Based on Area on Tax Capacity age Capacity %age Dollars %age Dollars %age Dollars Brooklyn Center 3,720 $14,849,388 13.1% $3,202 10.9% $2,678 12.0% $5,880 Brooklyn Park 7,080 33,246,370 24.9% 6,095 24.5% 5,996 24.7% 12,091 Crystal 2,480 10,332,274 8.7% 2,135 7.6% 1,863 8.2% 3,998 Maple Grove 5,020 26,391,198 17.6% 4,322 19.4% 4,759 18.5% 9,081 Minneapolis 1,950 9,096,424 6.9% 1,679 6.7% 1,640 6.8% 3,319 New Hope 2,070 11,707,743 7.3% 1,782 8.6% 2,111 7.9% 3,893 Osseo 300 2,022,543 1.1% 1 258 1.5% 365 1.3% 623 Plymouth 4,380 19,965,825 15.4% 3,771 14.7% 3,601 15.0% 7,371 Robbinsdale 1,460 8,241,022 5.1% 1,257 6.1% 1 1,486 1 5.6% 2,743 Totals I 28,460 $135,852,787 100% $24,500 100% $24,500 100% $49,000 Table 3. Member Assessments — Total 2009 2008 Tax Cost Allocation Cost Based Total Cost Community Acreage Capacity Based on Area on Tax Capacity %age Dollars %age Dollars %age Dollars Brooklyn Center 3,720 $17,917,888 13.07% 1 $19,899 11.24% $17,110 12.16% $37,009 Brooklyn Park 7,080 39,492,656 24.88% L 37,872 24.77% 37,713 24.82% 75,585 Crystal 2,480 12,582,714 8.71% 13,266 7.89% 12,016 8.30% 25,281 Maple Grove 5,020 29,876,933 17.64% 26,852 18.74% 28,531 18.19% 55,383 Minneapolis 1,950 12,164,574 6.85% 10,431 7.63% 11,616 7.24% 22,047 New Hope 2,070 13,514,250 7.27% 11,073 8.48% 12,905 7.88% 1 23,978 Osseo 300 2,249,662 _ 1.05% 1,605 1.41% 2,148 1.23% 3,753 Plymouth 4,380 22,049,847 15.39% 23,429 13.83% 21,056 14.61% 44,485 Robbinsdale 1,460 9,570,048 5.13% 7 1 6.00% 1 9,139 5.57% 16,948 Totals 28,460 $159,418,572 100.00% $152,235 1 100.00% $52,235 100.00% $304,470 • 2010 2009 Tax Cost Allocation Cost Based Total Cost Community Acreage Capacity Based on Area on Tax Capacity %age Dollars %age Dollars %age Dollars Brooklyn Center 3,720 $17,568,347 13.07% $19,894 11.30% $17,206 12.19% $37,100 Brooklyn Park 7,080 38,843,789 24.88% 37,863 25.00% 38,042 24.94% 75,905 Crystal 2,480 11,622,042 8.71% 13,263 7.48% 11,382 8.10% 24,645 Maple Grove 5,020 28,215,831 17.64% 26,846 18.16% 27,634 17.90% 54,480 Minneapolis 1,950 12,105,330 6.85% 10,428 7.79% 11,856 7.32% 22,284 New Hope 2,070 13,391,982 7.27% 11,070 8.62% 13,116 7.95% 24,186 Osseo 300 2,223,546 1.05% 1,604 1.43% 2,178 1.24% 3,782 Plymouth 4,380 L 21,127,274 15.39% 23,424 13.59% 20,691 14.49%j 44,115 Robbinsdale 1,460 10,307,930 5.13% 7,808 6.63% 10,095 5.88% 17,903 Totals 28,460 $155,406,071 100.00% $152,200 100.00% $152,200 100.00% $304,400 2011 2010 Tax Cost Allocation Cost Based Total Cost Community Acreage Capacity Based on Area on Tax Capacity %age Dollars %age Dollars %age I Dollars Brooklyn Center 3,720 $14,849,388 13.07% $23,096 10.93% $19,314 12.00% $42,411 Brooklyn Park 7,080 33,246,370 24.88% 43,958 24.47% 43,243 24.67% 87,200 Crystal 2,480 10,332,274 8.71% 15,398 7.61% 13,439 8.16% 28,837 Maple Grove 5,020 26,391,198 17.64% 31,168 19.43% 34,326 18.53% 65,494 Minneapolis 1,950 9,096,424 6.85% 12,107 6.70% 11,831 6.77% 23,938 New Hope 2,070 11,707,743 7.27% 12,852 8.62% 15,228 7.95% 28,080 Osseo 300 2,022,543 1.05% 1,863 1 1.49% 2 1.27% 4,493 Plymouth 4,380 19,965,825 15.39% 27,194 14.70% 25,969 15.04% 53,163 Robbinsdale 1,460 8,241,022 5.13% 9,065 6.07% 1 10,719 5.60% 19,784 Totals 28,460 $135,852,787 100.00% $176,700 100.00% $176,700 100.00% $353,400 • reekin h Watershed Management Commission 3235 Fembrook Lane N • Plymouth, MN 55447 Phone (763) 553 -1144 • Fax (763) 553 -9326 www.shinalecreek.org To: Shingle Creek WMO Commissioners From: Shingle Creek/West Mississippi Technical Advisory Committee Date: June 29, 2010 Subject: Proposed 2011 Shingle Creek WMO Operating Budget The Commission at its June 10, 2010 meeting discussed the Technical Advisory Committee's (TAC's) recommendation that the Third Generation Watershed Management Plan be funded from an above -the- cap assessment to the member cities. There was disagreement among the Commissioners about the proposed above -the -cap assessment, and there was the suggestion that the budget be revised so that the Third Generation Plan could be completed without exceeding the cap. The Commission set a special meeting on June 29, 2010 to discuss options for proceeding, including discontinuing some Commission activities and reallocating that budget to the Third Generation Plan. • The TAC discussed the 2011 proposed budget and potential reallocations at its June 24, 2010 meeting. While the TAC understands and appreciates the Commissioners' desire to avoid an increase in assessments for any reason, the TAC strongly opposes major revisions to and reallocations within the operating budget and reiterates its recommendation that the Third Generation Plan cost be considered as an above -the cap assessment to the member cities. The TAC believes that funding the Third Generation Plan through reallocation is "penny wise and pound foolish." Further, the TAC opposes postponing initiation of the Third Generation Plan, as that may actually increase costs to the cities in the long run. The TAC brings the following to the Commission's attention: ■ When the Minnesota Legislature passed the Metropolitan Surface Water Management Act in 1982, it also revised state statute to authorize cities to create storm water utilities that could be used to fund the Act's requirements. The Legislature's intent was to provide a funding tool that insulated sormwater and watershed management from the political ups and downs of the General Fund, Local Government Aid, and the property tax levy. This is one of the few cases where a state mandate actually provided a funding mechanism to meet its requirements. A majority of the cities in the Metro area have storm water utilities in place to finance maintenance and operations, local and watershed management planning, and construction projects. Most of the member cities in the Commission fund their Commission assessments from the Stormwater Utility, not the General Fund. ■ The Shingle Creek operating budget, that is the budget excluding TMDLs and other studies and excluding capital projects, is about $315,000. Funding the $49,000 Third Generation Plan expense through operating budget reallocation would require a 16 percent budget cut, which would adversely impact the Commission's core services. State statute requires WMOs to undertake certain activities, including protecting and improving water resources through regulations and education; operating a • monitoring program; and undertaking education and outreach activities. All these programs would Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis New Hope • Osseo • Plymouth • Robbinsdale have to be significantly cut back to fund the Third Generation Plan from the operating budget. Cutting • activities in the watershed budget is a false economy: these activities would then have to be provided by and paid for by the member cities directly, losing economy of scale and creating duplication of services. ■ The member cities' NPDES Phase I and Phase II stormwater permits require them to provide education and outreach activities for multiple stakeholders on various water quality and water resources issues. The Commission's Education and Outreach Committee provides this service on behalf of the member cities in a cost - effective way. While some of the cities supplement the Commission's activities with their own, reallocating from the education program to the Third Generation Plan would require the member cities to provide education and outreach activities at their own cost. Many of the member cities do not have the staff or resources to meet this permit requirement and rely on the Commission for this service. ■ The Shingle Creek chloride TMDL implementation plan and the lake TMDL implementation plans all commit the Commission to providing ongoing monitoring sufficient to evaluate progress toward load reductions and achieving the state water quality standards in watershed streams and lakes. This monitoring is not only required by the TMDLs, it assists the cities in targeting the most cost - effective load reduction and management activities so that the cities' limited resources are spent doing the right things in the right places. In addition, the Commission is required to take on new monitoring such as lake sediment core sampling, zooplankton and phytoplankton surveys, and aquatic vegetation surveys. If the watershed does not provide either routine or special monitoring the cities would have to take over this requirement at their expense. Most cities do not have the expertise or the specialized monitoring equipment and would have to contract out this service. • As an alternative to reducing the operating budget, the Commission could postpone preparing the Third Generation Plan to 2012 However, the Second Generation Plan expires at the end of 2012. Given the 6 -8 month statutory review process, the Third Generation Plan must be in final form by mid -2012. If the Plan is postponed to 2012, then all the work and the public input process must be completed within six months. Because all the work would occur in one year instead of over two years, postponement would increase the amount of the above -the -cap assessment from $49,000 to $70,000. • If the Commission postponed the completion of the Third Generation Plan so that it is not approved prior to the expiration of the Second Generation Plan, the Commission (and the West Mississippi Commission) will not only be out of compliance with state statute but also with their NPDES permits. In addition, the Commission and the cities within the Commission (and the West Mississippi Commission) will no longer be eligible for state and federal grants for stormwater management and TMDL implementation. Table 1 shows the over $2.1 million in grants and funding the Commission and member cities have received during the duration of the Second Generation Plan. • Cities and joint powers organizations are required to undertake periodic planning activities, whether it is simply to update an existing plan or to respond to new statutory or regulatory requirements. Watershed management planning, like local water planning, comprehensive planning, wellhead protection plans, water supply plans, infrastructure plans, and NPDES permits, is just one of those plans that periodically has to be done. Cities know about these plans and prepare for them. They are part of routine city business. Table 1. Grant and other funding received by the Shingle Creek WMC or its member cities sonce 2003. PROJECT AMOUNT SOURCE BENEFITTING CITIES YEAR Schmidt Lake Watershed Revival $7,700 DNR Environmental Partners Plymouth 2003 Schmidt Lake Assn recipient Twin Lake Shoreline Restoration $10,000 DNR Shoreline Habitat Grant Brooklyn Center 2003 Lake TMDLs Phase I $85 MPCA Multiple 2003 -2004 Shingle Creek Corridor Study $20,000 DNR Conservation Partners Brooklyn Park, Brooklyn Center, 2004 Minneapolis, Robbinsdale Lake TMDLs Phase II $65 MPCA Multiple 2005 DO/Biotic Integrity TMDL $213,000 MPCA All 2008 Chloride TMDL prewetting $238,000 MPCA, CWLA Hennepin County, Plymouth, 2007 implementation Brooklyn Park, Maple Grove Using Chloride Alternatives (New $15,000 MPCA, CWLA New Hope 2007 Hope recipient Shingle Creek Stream Restoration $16 BWSR Challenge Grant Brooklyn Park 2007 Wetland 639W Feasibility $60,000 MPCA Section 319 New Hope, Brooklyn Park, 2008 Crystal Brooklyn Center Twin Oak Pond $73,080 BWSR CWLA Crystal 2008 Pervious Pavement Paired $282,000 MPCA Section 319 DER All, Robbinsdale 2008 Intersection Stud Wetland 639W construction $300,000 MPCA Section 319 New Hope, Brooklyn Park, 2009 Crystal Brooklyn Center Crystal Lake alum $82 MPCA Section 319 Robbinsdale 2009 Wincrest Pond (New Hope $55,155 CWLA New Hope 2009 recipient 45th Avenue Pond $160,000 BWSR CWLA New Hoe 2010 Shingle Creek 194 to CR10 $105,237 BWSR CWLA Brooklyn Center 2010 Crystal Lake Retrofit BMPs $50000 MCD Landscape Restoration Robbinsdale 2010 Twin Oak Pond $347 404 PFA Crystal 2010 IQIAL In summary, the TAC strongly recommends to the Commission that no revisions be made to the proposed 2011 budget, and that the Third Generation Plan funding be proposed to the member cities as an above - the -cap assessment. Cities have the funding in place from their stormwater utilities, and have been aware that this plan update requirement is coming. Proceeding in any other way has numerous disadvantages and will likely cost the member cities more in the long run. Members of the TAC will be available at the June 29, 2010 special Commission meeting to present their concerns and respond to Commission questions. Thank you for your consideration. ZAShingle GeekTinancialsTinancials 201 RM-to scwmo re third gen plan (3).doc • • hin reek Watershed Management Commission 3235 Fernbrook lane N - Plymouth, MN 55447 Phone (763) 553 -1144 - Fax (763) 553 -9326 www.shinalecreek.org 2011 Bud et and Third Generation Plan Q & A Q: Why is the Commission required to undertake this plan at this time? A: State statute requires Metro area watershed management organizations to update their watershed management plans no less frequently than every ten years. The Commission's current Second Generation Watershed Management Plan expires at the end of 2012. The Plan must be in final draft by mid -2012 to allow for the required six month review and approval process. Q: What is required for the Third Generation Plan? A: The Board of Water and Soil Resources (BWSR) is currently revising Minnesota Rules 8410, which specifies what must be included in watershed and local water management plans. BWSR expects to bring draft revised rules to the public later this year. The draft revised rules, which are available at http / /www bwsr state mn us /planninQ/index.html #watershed, are expected to be finalized and in effect when the Shingle Creek and West Mississippi Watershed Management Commissions undertake their Third Generation Plan. According to BWSR, the goal of the Metropolitan Area Watershed Management Rule revision is to move "...away from an overly prescriptive, one -size- fits -all approach to a more result - oriented framework. In essence, future watershed plans would consist of periodically updated inventories and goals, and frequently updated implementation and capital improvement plan sections." The revised rules will require WMOs to assess current conditions in the watershed; identify and prioritize issues; review and incorporate other management plans such as TMDLs, wellhead protection programs, source water assessments, groundwater plans, and NPDES permits; perform a wetlands functions and values inventory; perform a water quality trend analysis; and update the land and water resources inventory. The plan must have numerical goals and include a process that will be used to assess progress every two years. The plans must include water quality and runoff volume management goals, and identify and prioritize capital projects and management programs, including a monitoring program and an education and outreach program. It is expected that projects and programs will be resource - oriented rather than watershed oriented. It is likely that the Plan will include several subwatershed plans organized by lakeshed like the lake TMDLs, where Pomerleau- Schmidt -Bass was one TMDL, Cedar Island- Pike -Eagle was another, Twin Lakes and Ryan Lake was a third, etc. BWSR expects that the Third Generation Plans will be developed using an extensive and robust public and agency input process. Brooklyn Center - Brooklyn Park - Crystal - Maple Grove - Minneapolis - New Hope - Osseo - Plymouth - Robbinsdale Q: Our Local Government Aid has been cut drastically, and we have been forced to make significant budget reductions, including reducing staff. We can't afford to do this now A: When the Minnesota Legislature passed the Metropolitan Surface Water management Act in 1982, is also revised state statute to authorize cities to create stormwater utilities to pay for watershed management and other stormwater management activities. The intent was to insulate watershed management from the ups and downs of the General Fund and Local Government Aid. All but one of the member cities have stormwater utilities and pay the watershed assessments from the utility fund, not the General Fund. Q: Why can't the Third Generation Plan be paid for from the current budget? A: The member cities have obligations under their NPDES permits that are handled by the Commission at a lower cost than if the cities did this work themselves. For example, instead of each city having its own duplicate education program, the Commission has an education program that meets the requirements for the cities. If the watershed education budget is cut and the funds reallocated to pay for the Third Generation Plan, then the cities will have to provide their own education programming at their cost, and most of the member cities do not have the resources or the staff to take on that pen requirement. In addition, the lake TMDLs and the Shingle Creek chloride TMDL commit the Commission and the cities to continuing and expanding lake and stream monitoring. This monitoring data helps the cities understand where best to spend their limited resources, and to avoid making improvements that will not measurable improve the lakes and streams in the watershed. Again, if the Commission does not provide this monitoring, then the member cities must take on this requirement. Few cities have the required staff and specialized equipment that are necessary for this monitoring. Q: What if we postpone the Plan for a few years until the economy and the budget picture looks better? A: Once the Plan expires at the end of 2012, the Commission and the member cities will no longer be eligible for state and federal grant funding such as the grants from the Legacy Amendment. The Commission and member cities have received over $1 million in grant funding in just the past three years to help construct projects and purchase new road salt application equipment. ZAShingle CteekTinancialffinancials 2011\Budget QA.doe Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION • DATE: July 8, 2010 TO: City Council FROM: Curt Boganey, City Manag7l$k SUBJECT: Firehouse Park Basketball Court Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding the policy decision to provide one basketball hoop opportunity at Firehouse Park. Background: Last summer due to concerns raised by the activities of individuals frequenting Firehouse Park; meetings were held with residents, the Parks Commission and the City Council to decide how to mitigate the problems, including fighting, gambling loud noise, threatening and other behavior that was incompatible with the neighborhood. I have enclosed copies of the various reports reviewed by the City Council and the minutes of the October 26 worksession meeting where the City Council reviewed the data and debated the issue before directing staff to reinstall one hoop in the spring. I have also included the November i 17 th Parks Commission meeting minutes. Staff has been monitoring activities at the Park since last year and we will provide a brief report of our findings at the meeting including what activities have occurred since the hoop was reinstalled a little more than a week ago. Policy Issues: Does the Council want to review or reconsider the decision to reinstall the hoop at Firehouse Park at this time? Should staff take additional actions beyond monitoring and responding proactively to issues at the Park? Council Goals: Select not more than two. Strategic: 1. We will ensure a safe and secure community • Mission: Ensuring an attractive, clean, safe communhy that enhances the qualitV of life andpreserves the public trust MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE • STATE OF MINNESOTA REGULAR SESSION NOVEMBER 17, 2009 COMMUNITY ROOM #221, COMMUNITY CENTER CALL TO ORDER Chairperson Sorenson called the meeting to order at 7:00 p.m. ROLL CALL Chair Sorenson, Commissioners Ebert, Lee, Peterson, Russell and Shinnick were present. Commissioner Starling was absent. Also present were City Council Liaison Mark Yelich and Community Activities, Recreation and Services Director Jim Glasoe. APPROVAL OF AGENDA • By consensus, the agenda was approved as presented. APPROVAL OF MINUTES - October 20, 2009 There was a motion by Commissioner Shinnick, seconded by Commissioner Russell to approve the minutes of the October 20, 2009 Park & Recreation Commission as presented. The motion was passed unanimously. COUNCIL LIAISON REPORT Councilmember Yelich reported the City Council would be considering changes to rental licensing in December. Councilmember Yelich also noted the Brooklyn Center Liquor operations had been contracted by Surley Brewing Company to sell beer for their annual "Day of Darkness" sale. Councilmember Yelich added the liquor stores set a record for single day sales as a result. Commissioner Starling arrived at 7:04 p.m. 2010 -2024 CAPTIAL IMPROVEMENTS PROGRAM- Planned Park Improvements • CARS Director Glasoe presented the planned park improvements included in the draft 2010- 2024 Capital Improvements Plan. Mr. Glasoe noted one addition to the plan was the reconstruction of the trail segment on the west side of Grandview Park. Mr. Glasoe indicated • that this trail segment was adjacent to the Highway 100 noise wall and had been in place prior to the land swap that created the new park. Mr. Glasoe discussed one additional change, which was the West Palmer shelter building had been slotted ahead of the Northport building replacement in the revised CIP. Mr. Glasoe noted staff made the recommendation to switch the years after an in -depth assessment of the current condition of the buildings. There was considerable discussion regarding moving the Northport Park shelter building replacement ahead of the West Palmer Park shelter replacement in the schedule. Although the respective replacements are only separated by one year, the Commission felt the use of West Palmer Park was greater than at Northport Park. After additional discussion, Commissioner Shinnick made a motion, seconded by Commissioner Russell to recommend to the City Council the planned park improvements scheduled in the draft Capital Improvements Plan. The motion passed unanimously FIREHOUSE PARK- Update CARS Director Glasoe reported that the City Council had discussed the Firehouse Park issues at their October 26 study session. Mr. Glasoe noted the City Council had reviewed the various recommendations regarding the basketball court and the park and spent considerable time discussing the issues. Mr. Glasoe continued that, after the discussions, the City Council directed staff to move forward with reorientation of the basketball court to one '/2 court in the spring, with consideration of adding another half court sometime in the future, or removing the hoops depending upon results Chair Sorenson asked Councilmember Yelich why the recommendations of the Park & Recreation Commission had not been followed. Councilmember Yelich responded that the recommendations had been considered, but the Council had opted for the reorientation as it provided a tangible, visible response to area residents, but still allowed for basketball in the park. Chair Sorenson strongly noted that what was left was not basketball. Mr. Sorenson indicated that you could not cut a tennis court in half and still call it tennis. Other Commissioners added examples of how reducing court size or field size would not maintain the integrity of the activity. Councilmember Yelich responded that while he could appreciate the comparisons, the City Council felt the residents around Firehouse Park deserved a more tangible response as a result of the issues that had occurred over the summer. After additional conversation, Chair Sorenson added that he was aware of the fact that the Park & Recreation Commission was an advisory body and recommendations made to the City Council • were exactly that, but he also wanted assurance that the recommendations regarding Firehouse Park had been duly considered. Councilmember Yelich assured him that they had been considered. CENTRAL PARK TRAIL CONSTRUCTION CARS Director Glasoe reported the completion of the trail reconstruction on the west side of • Central Park would be delayed until spring 2010. Mr. Glasoe noted, the portion of the trail that has been removed would be replaced and then be redone next spring. Mr. Glasoe added the planned reconstruction was being done per Three Rivers Park District specifications, except for the bridge abutments. BROOKLYN CENTER SCHOOLS GRANT REQUEST CARS Director Glasoe reported the City had joined the Brooklyn Center School District in a grant request as part of the Hennepin County Youth Sports Grant. Mr. Glasoe noted these grants provided monies for recreational facilities to enhance youth sports in Hennepin County. Mr. Glasoe indicated that City staff had been working closely with the school district to propose a small addition to Brooklyn Center High School, Mr. Glasoe noted the new facility would have access to the gymnasium, weight room, and dance studio. He stated the $400,000 grant would P opportunity Y provide the o ortuni to create a fairly extensive recreational activity place for youth. Mr. Glasoe nd noted the application deadline had been November 2 ,and results of the grant request would not be available until mid December. SET NEXT MEETING DATE By consensus, the next meeting of the Parks and Recreation Commission was set for January 19, • 2010, at 7:00 p.m. in Community Room #221 at the Brooklyn Center Community Center. MEETING ADJOURNED Commissioner Shinnick made a motion, seconded by Commissioner Lee to adjourn the meeting at 8:06 p.m. The motion passed unanimously. • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 26, 2009 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:31 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. • GROUP HOMES — COUNCILMEMBER RYAN Councilmember Ryan stated he has received complaints from a number of citizens about negative aspects and nuisance complaints regarding group homes, and that the City would be better off with fewer group homes. He requested discussion from the Council on whether to request staff to prepare re are a report and evaluate the issues he has raised on this topic. The emails he been provided in the Council packet. submitted to City Manager Bo ane have be p has s g g y p ty City Manager g ane er Bo advised that under current law there is very little the City can do to limit, Y control, or regulate these kinds of activities in the City. Legislation would be the first step towards the City being in a position to proceed with any type of additional regulation. There was discussion on identifying the current number, type, and location of group homes in the City. This information could tie in to the legislation being proposed by the North Metro Mayors Association. concerns relating to group homes through licensing on addressing con g There was discussion g g g p ing regulations. It was noted that concerns related to nuisances and loud noise would not require additional regulations, as there are currently regulations in place to address these issues. The majority consensus of the City Council was to direct staff to complete an inventory of group homes in the City and report back to Council. The inventory will include the following information: number of group homes, location, type of facilities, status of taxable or tax- exempt, calls for service including code enforcement issues and other police calls. 10/26/09 -1- BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT — STREET • LIGHTING AND BANNERS Public Works Director /City Engineer Steve Lillehaug discussed the history of the street light banner options for the Bass Lake Road Streetscape and Regional Trail project. At the October 12, 2009, City Council meeting, Council requested additional information to add double banners on all poles throughout the median of Bass Lake Road from Brooklyn Boulevard to Xerxes Avenue. Mr. Lillehaug provided an overview of the costs for the street light banner options. Estimated project cost difference of single banner poles versus double banner poles is approximately $40,000. He advised his recommendation is to include single banners in the project. Councilmember Roche stressed the importance of the streetscape creating the critical elements of color, vitality, and energy. He stated his position that the project should be amended to include double banners, specifically in the location of Bass Lake Road from Highway 100 to Shingle Creek Parkway. There was discussion on the project as currently proposed and the cost/benefit of additional double banner poles being included in the project. Mayor Willson and Councilmember Ryan stated their position that the project should not be amended to include additional double banner poles. • The majority consensus of the City Council was to direct staff to amend the Bass Lake Road Streetscape and Regional Trail Project to replace four of the single banner poles with double banner poles in the median along Brooklyn Boulevard between Highway 100 and Shingle Creek Parkway. SHINGLE CREEK RIPARIAN RESTORATION — GRANT APPLICATION Mr. Lillehaug discussed the history of the Shin M g Y le Creek Restoration Plan included in the g Shingle Creek Watershed Management Commission and the City of Brooklyn Center 2010 CIP. He reported that recently City and Watershed staff submitted a grant application to Hennepin County for this project. The project is included in the Draft 2010 CIP, w hich will be presented to I Council for approval in the future. Mr. Lillehaug provided a brief overview and answered questions of the City Council on the Shingle Creek Riparian Restoration Project. There was discussion on possible tax incentives for maintaining natural buffers along the creek. type Mr. Lillehaug indicated he is not aware of any tax in centives or other yp of program offered by the DNR or other entity. He will report back to Council with any further information on this topic. Mr. Lillehaug provided information on strategies outside of the project to address the nt a i mpairment to the creek. There was discussion scarce of p robl em s such as sediment or ch_end t � ____p p on culverts installed with the City project on the west side of Shingle Creek and the possibility of including an infiltration basin with this project. • 10/26/09 -2- The majority consensus of the City Council was support of accepting the Hennepin County grant for the Shingle Creek Restoration Project. Mr. Boganey indicated that Council will be provided with another opportunity to provide approval on the project in the future. RENEW LOAN PROGRAM SIX -MONTH UPDATE Director of Business and Development Gary Eitel provided the ReNew Loan Program six -month update. He noted there has been a fairly equal distribution of funds throughout the City of Brooklyn Center. He noted that Council has been provided with a letter from Steve and Jennifer Hinz requesting the EDA's consideration to amending the program policies /guidelines to allow a new homeowner, that was unaware of the program, the option to make application to the ReNew Loan Program. Council is being requested to provide direction on whether the guidelines of the program should be amended as requested by Steve and Jennifer Hinz. There was discussion on the ReNew Loan Program and the request by Steve and Jennifer Hinz to amend the ReNew Loan Program guidelines. The majority consensus of the City Council was that the guidelines of the ReNew Loan Program should not be amended. Staff is to report this information to Steve and Jennifer Hinz with an explanation of how amending the program guidelines as suggested would open the program to all individuals that have previously purchased foreclosed homes in the City. COUNCIL RETREAT SCHEDULE Mr. Boganey introduced the item and requested discussion from Council on whether to schedule a Council retreat for 2010, and if so, if there are any proposed changes to the format or facilitator. The majority consensus of the City Council was to direct staff to schedule a 2010 Council Retreat for a Saturday in January. Staff is to contact several potential facilitators and request that they submit a proposal for Council review. FIREHOUSE PARK REPORT Mr. Boganey introduced the item and noted the October 21, 2009, memorandum providing an update and his recommendation in response to. concerns raised about unacceptable activities that occurred this summer at and around Firehouse Park. Council has also been provided with the Park and Recreation Commission recommendation. There was discussion on the location of the parking lot in relation to the basketball courts inducing a party atmosphere. it was suggested that staff inquire if the owners of Georgetown would be amenable to building a basketball court on Georgetown property. It was noted that there is vacant property in the area of Bryant and 66` Avenues that could be explored for a 40 potential basketball court in the future. 10/26/09 -3- It was stressed that the residents deserve an effective response to the issues that occurred in the • area of Firehouse Park. There was discussion on the recommendations of the City Manager and the Park and Recreation Commission to address concerns related to Firehouse Park. There was discussion lowering the rims on the basketball hoops as another option for consideration. The majority consensus of the City Council was to direct staff to proceed with staff recommendation No. 1, reorientation of the basketball court to one '/2 court in the spring. There may be consideration of adding an additional ` / 2 court or removing the hoops in the future, dependent on the results of the reorientation. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:50 p.m. Motion passed unanimously. • 10/26/09 -4- . MEMORANDUM - COUNCIL WORK SESSION DATE: October 21, 2009 TO: City Council FROM: Curt Boganey, City Manager SUBJECT: Firehouse Park Report COUNCIL ACTION REQUIRED This is a staff review update conducted in response to concerns raised this summer because unacceptable activities that occurred this summer at and around Firehouse Park. BACKGROUND This summer various concerns were raised by neighbors living in and around Firehouse Park. The concerns included loud noise, unruly and inappropriate conduct, fights and other acts of violence that occurred at or near the Park. Most of the problems encountered seemed to center around the basketball court. As a result, the basketball rims were removed on July 9, 2009. In addition, neighborhood meetings were held to provide • accurate information and to receive public feedback. Since the removal of the rims and closer monitoring of public gatherings at the Park many of the problems experienced earlier in the summer have ameliorated significantly and neighborhood complaints have also reduced correspondingly. On Tuesday, October 20 the attached reports were submitted to the Parks Commission along with a set of recommendations from the City Manager. The four Commissioners present reviewed the information and provide the following recommendation to the City Council. This recommendation is not totally consistent with the Manager's recommendation to the Commission. 1. Rim Locks are recommended to be purchased and used if future incidents occur. 2. Enhanced signage should be considered, with clear language relating to behavior expectations. 3. Reorientation of the basketball court is not recommended at this time, as the Commission did not want the actions of a few to determine the recreational opportunities for the majority of the residents. The final vote was three Commissioners voting in favor of "e motion and one voting against. It is worth noting the authorized strength of the Park and Recreation Commission is seven members. At Tuesday night's meeting three Commissioners were absent and excused from the meeting. Staff is seeking further direction from the City Council on this matter. • COUNCIL POLICY ISSUES What course of action best meets the Council Goals and expectations? • I • City ®f Brooklyn Center A Millennium Community MEMORANDUM DATE: October 13, 2009 TO: Park and Recreation Commission Members FROM: Curt Boganey, City Manapv SUBJECT: Firehouse Park Recommendation On July 9th of this year, I ordered the temporary removal of the basketball hoops at Firehouse Park. This action was taken based on our assessment that serious problems appeared to be escalating in and around the basketball courts. Whale it was uncertain that the serious issues, i.e. assaults etc. we were seeing were related to • the actions of basketball players, the court did seem to be focal point. Therefore we removed the equipment as a mitigation measure as .we completed our assessment and response plan. Attached, please find the assessments and recommendations from the Police Department and the Community Activities, Recreation and Services Departments. Although you will see a number of similarities in their respective recommendations, there are also differences. Accordingly, I will offer my recommendations as you consider this issue. Recommendations: #1. Reorientation of the basketball court: Staff has developed several options for repositioning the basketball goals that would prevent full court play. This full court play appears to be a contributing factor in the incidents related to the basketball court. #2. Enhanced signage: Revised sign designs detailing conduct expectations in clear, concise, "bullet style" format. Current signs would be replaced and additional signs considered. #3. Seek opportunities for supervision or joint programming: I will encourage staff to seek grant opportunities or joint programming ventures related to use of basketball courts in the City. 1 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, 1YTN 55430 -2199 - (763) 569 -3400 City Mall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. citvofbrooklvncenterora #4. Evaluate the changes: Evaluate the activity levels, calls for service and park • maintenance issues at.Firehouse Park during the spring and summer of 2010. Recommend any additional measures-that might to be necessary. Thank you for your consideration and recommendations regarding this issue. My intention is to have the City Council consider this issue, along with the Commission's recommendation, at an upcoming City Council work session. City of Brooklyn Center Alhm7 A Millennium Community MEMORANDUM DATE: October 2, 2009 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Firehouse Park Recommendation e Pursuant to the incidents at Firehouse Park that led to the removal of the basketball courts; and responding to some of the suggestions of the July 20 neighborhood meeting, 1 have examined a number of issues related to the problems related to use of the basketball courts and possible • re,nedies. I should preface my statements by indicating that 1 am an unwavering advocate for recreational amenities for a community. I think we have an obligation to provide for the recreational needs of our residents. As a result, and with respect to Fire House Park, it is not a question of whether we should provide basketball hoops at the park, but more, how we manage that use. Basketball Hoop Locks As reported by the neighbors at the July 20 neighborhood meeting, and as substantiated by the Police reports, most of the issues related to the basketball courts are occurring in the late afternoon or early evening. One option suggested was to "lock" the hoops during this time frame to prevent the use of.the hoops. In researching this option, I was able to find a couple of inexpensive options (see attached) that would prevent the baskets from being used while the locks are in place. While the locks are relatively inexpensive, there would be a significant labor expense from locking and unlocking the hoops on a daily basis. Additionally, there may be some safety concerns for the staff as they attempt to lock the hoops, as they would undoubtedly encounter resistance from the basketball players. • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 . (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Alternate Court Locations • One additional suggestion that'was investigated was to move the basketball court to another location. I have examined the park and found two alternate locations for the court. (see diagram attached) While option 1 is to move the court to the west, closer to the East Fire Station, this would place the court approximately the same distance from the houses on the south side of 65 Avenue as it is currently from the houses on Bryant Avenue. The option 2 location would place the court almost in the center of the park, just outside the outfield fences for the softball fields. While this option would move the court away from houses, it would place it closer to the playground equipment. It is worth noting, that moving the court to either location would be an expensive undertaking, currently the cost to construct a basketball court is approximately $15,000 - $18,000. While as a long term decision this might be something we could consider, for the short term, the cost appears cost prohibitive. As additional information, the basketball court has already been moved during this last decade. In 2002, the court was moved from the north side of the park (66` and Colfax) to allow for the construction of the softball fields. When the court was moved, it was also shortened, to discourage use for full court games. Court Reorientation • One additional option that was researched was the reorientation of the basketball court. By moving the basketball goals, or by removing one goal and reorienting the other, we could eliminate the option of using the court for games. As this seems to be a contributing factor to the issues with the basketball court, it could allow for use of the basketball hoops, but would prevent full court play. This option appears the least expensive, as moving the hoop(s) would cost no more than $500 - $1,000 in labor costs. I would recommend trying this option and then monitoring the situation Programming /Supervised Use Currently, the City offers no formalized programs at Firehouse Park. Without question, the park could benefit from staff supervision during the critical 4:00 p.m. - 8:00 p.m., (May through August) time period. One option would be to try and identify grant funds to staff the park during these times. Additionally, the City could look at the option of partnering with the Brooklyn Center School District as part of their new Community Schools initiative. Signage One additional item that was examined was the option of enhancement of signage at the park. As per the recommendations contained in the 2006 study of Evergreen Dark conducted by the Police • Department, changes to the park signage and locations should be considered. Per the 2006 memorandum, the revised signs should be in "bullet points" highlighting the major expectations as prescribed in City Ordinances. Additionally signs could be erected - adjacent to the basketball court identifying behavior expectations in the same bullet point format. The cost to replace the current park signs would be approximately $4,300. Costs that are not currently included in the 2009 or 2010 budgets. Recommendations: #1. Reorient the court to prevent full court play. This is the most cost effective alternative that still provides for basketball at the park. #2. Enhance the signage. Bullet point type signs that detail conduct expectations. The added cost for this -, , vould be approximately $250.00. This could also be used as a "test park" for determining if we wanted to extend this signage to all our parks. #3. Look for grants or other opportunities that would provide funding for supervision of the park during critical times. • Amazon.com: Goalsetter Hoop Lola_ Basketball Rim Lock: Sports & Outdoors Page I of 3 Hello. 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The police department already had the hoops temporally removed on July 8, 2009. Staff . from the Parks, Recreation, and the Police department was tasked by the City Manager io review activity and make a recommendation to address the neighborhood concerns in balance with the need for park facilities. Scan of Firehouse Park: Firehouse Park is a seven acre park equipped with the following recreational =enities: 1) Two full baseball fields, 2) One frill basket ball court (Currently no backboards) 3) Over 4200 square feet of playground equipment 4 One 600 square foot shelter with four picnic tables q 5) Four picnic tables spread throughout the south side of the tree p ark area 6) One portable outhouse 7) One drinking fountain 8) Eleven garbage cans 9) Two barbeque grills - 10) Two designated handicapped parking stalls 11) Thirty -one standard parking stalls The principle use of the park varies by time of day, with the majority of crowds at the park using the baseball fields, basketball court, and the shelter with the grill. � ear to date, the shelter has been reserved by permit through the CARS department four times by citizens, and two times by the police department. • Page 1 of 5 • The two baseball fields are used by the Brooklyn Center High School girls' fast pitch teams in the spring for practice sessions. In the past, these fields were used by the Little League girls softball teams, but due to low turnout they were not used in 2009. The demographic makeup of those using the park varies throughout the day with a majority of identified park visits from those in the immediate area. The park is located in an area surrounded by multi - family housing with high pedestrian traffic. A large amount of the park visits is from the students coming from Brooklyn Center High School located next door. The afternoon hours, when school adjourns, is the peek for pedestrian traffic through the park. In- depth review and problem analysis of Firehouse Farb from each department: Streets and Parks, Supervisor John Harlow Over the last several years, the amount of resources and manpower required to maintain Firehouse Park has been a fluctuating issue. The amount of maintenance resources used has directly correlated to certain types of activities occurring in the park. Most notable, is the amount of basketball playing and the presence, or not, of basketball hoops erected at the court. In spring and early summer of 2009, removal of trash, litter and rearranging of park • amenities consumed approximately eight (8) hours of park staff time per week. During late summer and fall, these same maintenance tasks required only one (1) hour of staff time per week. Community Activities, Recreation, and Services (CARS), Director Jim Glasoe There are no City sponsored activities at Firehouse Park through the CARS department. The shelter at the park is open for permit reservations from the CARS department. Police Department, Commander Kevin Benner In review of the police calls for service occurring at Firehouse Park, there has been a notable decline in fight/assault type calls since the removal of the basketball hoops on July 8, 2009. The first call for service in 2009 to Firehouse Park came on May 7, 2009. (This information helps identify a trend of nuisance behavior as more related to seasonal park use versus the park in general.) From May 7, 2009 until July 8, 2009, there was an additional 15 police calls for service. Seven of the calls were fights or assaults, to include one person being stabbed in 2009. At least five of the fight/assault calls were directly linked to the basketball court. From July 9, 2009 until October 4, 2009, there have been 12 calls for service to the park. There has tJLl.n one report Vl all aJSL11111. (In that case, the victim ll,l l.LJeLL LV speak Yv lLll officers and the case is unfounded.) • Three of the calls were related to youth playing dice games in the shelter area and three related to cars parking in the lot after 10:OOpm. The remaining calls varied in description but were unfounded suspicious activity. Page 2 of 5 The majority of all calls in 2009 were received from 6:00p.m.- 10:00p.m. Throughout the entire summer, Firehouse Park was patrolled everyday by the Park Patrol unit and complimented with the Community Service officers and Patrol division. This provided constant police presence in the park with a focus on the 6:OOp.m.- 10:00p.m. times. Since the removal of the basketball hoops, the officers have reported that there are now very few people at the park and it is often vacant during their patrols. A review of the environmental design of the park showed a clear view of the entire park from any entry point to the park. There were no obstructed areas where a person could hide or come from unexpectedly, except for the portable outhouse. There is no direct lighting in the playground area or the shelter picnic tables. Ambient light from the east parking lot did reflect to these areas, but is not the intended source of lighting for those areas. The park rules are clearly displayed at two entry points from the Bryant side of the park. Both signs are identical and address all the expected conduct in the park except gambling. • i •1 j� �1i �I I ' I 1. 1 i I In discussion with the Brooklyn Park Director of Recreation and Parks, John Oyanagi and the Three Rivers Parks police department, they also agreed this signage was appropriate for the amenities offered in this park. A review of the parks ordinances used by the Three Rivers Park police and those of the Brooklyn Center police was completed. The only difference is the consolidation of the ordinances into one location by Three Rivers Park district. The ordinances and laws available to the Brooklyn Center police to address the nuisance and disorderly conduct in our parks meets the current needs, they are just located in several different chapters of the • City ordinances. Page 3 of 5 've es onse: Collaborative Ig p The conduct of the visitors to.the park at the basketball court was clearly the primary source of nuisance behavior. A concern of speeding traffic was raised and this masked the identified problems of the park and should be addressed in a separate review. The removal of the basketball hoops did have an obvious impact on the reduction of violent calls for service, but did not resolve the need for park usage. The basketball court was a clear draw for the numerous youth from all over the Firehouse park area and a majority of the youth playing there were law abiding. The long term solution of leaving the hoops down will mean only reduced park activities for youth. This is clearly evident with the vacant park use since the hoops were removed. There are many suggestions to assist in addressing the park usage and some have a large cost associated with them. Outside agencies were contacted for suggestions. In discussion with John Oyanagi, (Who also use to work for the Minneapolis Parks department.) he indicated the challenge of youth nuisance behavior occurring in parks is not new and the most successful actions he has seen is with youth outreach in the parks during the identified troubled times. Most problems begin to occur in the Spring time and can easily get worse in the Summer months. The timing of the youth intervention is very predictable provided the outreach staffing in available. Recommendation #1 Supervised use • In combination with youth outreach is scheduled basketball court times with the use of basketball rim court locks. The cot tirnes for use will be posted and the youth outreach worker or Para volunteer would be able to participate in the games. The recoinmende hours would be 4:OOpm to 8:OOpm and start the first week in May. There is grant funding for youth outreach for 2010 that could assist in funding the staff needs. Recommendation 42 Court reorientation By moving the basketball goals to bush facing east, this would eliminate the full court games. This would allow for youth to still play basketball games, just more youth can play games in a smaller court setting. This option would cost no more than $50041,000 in labor costs. There would still be a need to monitor this recommendation closely as a repeat of the same problem could easily occur. Recommendation 93 Brooklyn Center High School partnership With the Brooklyn Center High School entering into the "2010 Full Service Community Schools Program" a partnership with the City and the School to offer afterschool basketball indoor court use. Currently the City does not have an indoor court for use by the public. The staffing needs could be shared with the youth outreach and afterschooi / staff. Al majority of the you+ i served would be students. :! e Recommendation #4 10 d Leave the basketball hoops down Page 4 of 5 The City of Brooklyn Center does not have any basketball youth programs currently available, nor °staff to referee the game play. This is now the third basketball court rendered inoperable in Brooklyn Center due to nuisance calls for service and park misuse. History most likely will repeat itself if the hoops are just put back in play with no funding or resources to address the supervisory needs at the basketball courts. It is clear the youth will come if the courts are playable. i i Page 5 of 5