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Home My WebLink About2010 07-26 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION July 26, 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 26, 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. 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 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. July 12, 2010 — Study Session 2. July 12, 2010 —Regular Session 3. July 12, 2010 — Work Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota d. Resolution Amending Special Assessment Levy Roll Nos. 17591 and 17592 to Provide for the Deferment of Special Assessments e. Resolution Authorizing the Shingle Creek Watershed Management Commission to Exceed the 2011 Administrative Operating Budget Levy Cap • CITY COUNCIL AGENDA -2- July 26, 2010 f. Resolution Amending the 2010 -2024 Capital Improvement Program g. An Ordinance Vacating Certain Drainage and Utility Easements within Lot 61 and Lot 62, Auditors Subdivision Number 218, Hennepin County, Minnesota h. Resolution Establishing City Improvement Project, Approving Plans and Specifications, and Authorizing Advertisement for Bids, Improvement Project No. 2010 -17, County Road 57 Streetscape Improvements i. Amend 2010 City Council Meeting Schedule 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Appreciation for the Donation of Target Community Partnership for an $800 Grant to be Used for the Promotion of National Night Out Requested Council Action: — Motion to adopt resolution. 8. Public Hearings None. • 9. Planning Commission Items None. 10. Council Consideration Items a. Rental Dwelling License Approval for Partial Occupancy at Gateway Commons —2818 and 2822 Northway Drive Requested Council Action: Motion to approve the partial rental dwelling license for 2818 and 2822 Northway Drive. 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 26, 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. Centennial Celebration 2. Bus Shelter Report from Administrative Traffic Committee I 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. 2011 Brooklyn Center Celebration Update 6. Neighborhood Designations 7. Junk and Inoperable Vehicles Update — Back Yard Parking 8. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 9. Brookdale Mall Update 10. Joslyn/City Property Remediation Update 11. Department Year End Reports 12. Active Living Program 13. RER — Howe Fertilizer Update 14. Garbage Hauler Report 15. Community Schools Update 16. Firehouse Park Update — October i liw� aW. K — ash r xt o Mal ±, fill ` KA city of O O � Gc�e Cv-e Co nn- rur�; Zh✓o� %n�er�� *Con- J/ylGlr�i z`y/ ��i de 1 11 -2011 ��, Gc�e Cie �roo� /y/rr Cer�Z`er . 9 � honor the pact, celebrate the preaent, imagine the future i �I i ,4 city of These are just a few of the activities that foo will need your support: Ell "symbol" of our first 100 years will be EB! a new bandstand for Central Park. Estimated Project Cost: $75,000 1911 -2011 * ht,avi, r Brooklyn Center Birthday Party hcnor the paet. celebrate the preent ,imagirte the tuture Celebration (extend number of participants and program activities) Levels of Giving for the Estimated Project Cost: $15,000 Brooklyn Center Centennial IJTransportation Show Event (Old cars, Celebration airplanes, Highway Patrol and more) Centennial Star $10,000 or more Estimated Project Cost: $5,000 Centennial Circle $5,000 up to 3 Brooklyn Center High School Grads- 2011 $9,999 is the 50th Anniversary of the opening of Mayor's Club $2,500 up to BCHS $4,999 Gold Club $1,000 up to Estimated Project Cost: $5,000 52,499 rj promote Centennial Celebration with the Earle Brown Club $500 up to $999 Partner Club $100 up to $499 members of your organizations/ businesses fISupport the Centennial Celebration with For your membership you receive: an individual donation An official Centennial Partner Certificate r J Use the Centennial Logo in your and Centennial i�temo,abilia p u b l i c a t i o n s *Your name - orNour businesses name in all Centennial promotional materials *Your naine - or your businesses name on Brooklyn Center the Official Centennial Web Page AND Centennial Celebration *Tbe Cratilude of All BC Residents - Past_ 6301 Shingle Creek Pkwy Presentand Pulurw Brooklyn Center, MN 55430 www.cityofbrooklyncenter.org /centennial City Council 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 JULY 12, 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Interim Chief of Police Kevin Benner; Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested the following correction to the Regular Session minutes of the June 28, 2010: Page 11, second bullet: change the word "part" to "party It was the majority consensus of the City Council to accept the correction to the June 28, 2010, Regular Session minutes. MISCELLANEOUS Councilmember Lasman requested an update on road repairs in the Woodbine neighborhood. Public Works Director /City Engineer Steve Lillehaug stated staff is aware of the need for road repairs to the Woodbine neighborhood as well as other locations. He explained that in some areas, road patching is appropriate but other areas have deteriorated to the point that staff is considering a full width mill and overlay. He advised that staff is stepping up its repair efforts and marking streets to determine where repairs are warranted. The City has purchased a wider milling machine, double in width, and staff is working with Mn/DOT to determine why pavements are excessively failing to assure future sealcoating projects are successful. Mr. Lillehaug noted pavement failure is also occurring in other municipalities so they are researching whether there has been an interaction between the sealcoat product and pavement that resulted in excessive deterioration. Until the problem is pinpointed, staff recommends the sealcoating program be delayed. This will also free up operating funds so pothole repair can proceed. Mr. Lillehaug stated they hope to have a plan in place within the next two weeks. • 07/12/10 -1- DRAFT Councilmember Ryan questioned the timing for the 58 and Knox area road and utility project. It was noted the project schedule is available on line and staff will provide the information • requested to Councilmember Ryan. Councilmember Roche expressed his disappointment at the lack of maintenance at Brookdale Mall, noting the parking lot contains weeds, large potholes, and dying trees. He suggested that pressure be placed on the mall owners to assure it is up to the City's established standards. City Manager Curt Boganey advised that staff is aware of this situation and been in contact with the new mall owner about the conditions around the mall and lack of maintenance. He indicated staff will provide a report to the Council at the next meeting. Councilmember Roche expressed concern that the Riverwood Neighborhood Watch inform all neighborhood residents when a recent crime occurs. Interim Chief of Police Kevin Benner stated he is aware of the situation and a mediation meeting has been scheduled with the two parties involved to discuss their differences. Councilmember Yelich referenced the Bass Lake Road Project, and asked about a curb cut at the intersection of Northway Drive. Mr. Lillehaug stated there is a bus stop so that configuration was intentional Councilmember Roche asked for an update on the banners. Mr. Boganey advised that staff is working on the matter and it is assumed there will be no additional cost because the correct information had been provided. • DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION'S 2011 OPERATING BUDGET City Manager Curt Boganey introduced the item and asked the Council to provide direction to staff regarding the West Mississippi Watershed Management Commission's 2011 operating budget. It was noted the most recent Joint Powers Agreement (JPA) for this commission set an "assessment cap" on the administrative budget, requiring City Council approvals by a majority of member cities to assess above that cap. The proposed assessment does not exceed the cap. The proposed Brooklyn Center 2011 assessment is $13,821.82. The total operating budget for 2011 is $182,600, which is a decrease from $189,510 in 2010. Mr. Lillehaug explained that the budget would be "business as usual" 'with the exception of doing the required update to the Water Management Plan. In the case of the West Mississippi Watershed Management Commission, its operating budget is the same as last year and it has enough budget reserves to pay for the Plan update. He noted that the amount charged by the West Mississippi Watershed Management Commission to Brooklyn Center is based on cost allocation (tax capacity and area) and paid from the City's Storm Water Utility Fund. He recommended the budget be accepted and to direct staff to send a letter of support. • 07/12/10 -2- DRAFT The Council indicated that water quality is an important issue to all suburbs and it supported the • efforts of the West Mississippi Watershed Management Commission to "hold the line" on fees. Mr. Lillehaug answered questions of the Council regarding how West Mississippi Watershed Management Commission CIP projects are funded through an assessment against benefited property within the West Mississippi watershed area, not through the West Mississippi Watershed Management Commission operating budget. The Council asked whether resident appointees have input on the budget. Mr. Lillehaug stated Della Young, the City's resident appointee, was not at the operating budget hearing but the alternate was in attendance and he voted to support the budget. Ms. Young had submitted a memorandum indicating no objection. It was the majority consensus of the City Council to make no comment on the West Mississippi Watershed Management 2011 budget. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION'S 2011 OPERATING BUDGET It was noted the Council is asked to provide direction to staff regarding the Shingle Creek Watershed Management Commission's 2011 operating budget. The most recent Joint Powers Agreement (JPA) for this commission set an "assessment cap" on the administrative budget, requiring City Council approvals by a majority of member cities to assess above that cap. The proposed assessment exceeds the cap by $42,000; $5,040 of which the City would be responsible • to pay. The proposed Brooklyn Center 2011 assessment is $42,411, an increase from the 2010 assessment of $37,100. The total operating budget for 2011 is $449,260, which is an increase from $413,400 in 2010. Mr. Lillehaug advised that the Shingle Creek Watershed Management Commission does not have a budget reserve to pay for the required Water Management Plan update. To pay for that update, the 2011 operating budget exceeds the JPA cap by $42,000 and $5,040 is the responsibility of Brooklyn Center. He noted that if the Plan update costs are removed from the operating budget, the cap would not be exceeded. To approve the operating budget and pay for the Third Generation Plan update, the Shingle Creek Watershed Management Commission is required to obtain, by September 1, 2010, supporting resolutions from member cities to exceed the cap. Mr. Lillehaug advised that as a TAC member and City Engineer, he supports - exceeding the assessment cap; however, agrees the Shingle Creek Watershed Management Commission should have planned better to assure funds were in reserve for the Plan update since it is required every ten years. It was noted that an updated Plan is required to qualify to pursue grants for projects. Mr. Lillehaug explained that reducing the operating budget by $42,000, it would be a significant cut of 16% and indirectly affect the City since it would then have to fulfill requirements the Shingle Creek Watershed Management Commission is not able to fund such as education, water quality monitoring, and other required items. He pointed out that the CIP contains $142 million for CIP projects and Brooklyn Center is being asked to pay an increase of a little over $5,000 for • 2011. Mr. Lillehaug stated that at both the. Commission and TAC levels, he will push the 07/12/10 -3- DRAFT Shingle Creek Watershed Management Commission to include funding for the next plan update g g g P P in the operating budget. • The Council discussed the need for better budget planning to assure the next Plan update is adequately funded through reserves so the assessment cap is not exceeded. It was agreed that the Shingle Creek Watershed Management Commission needs to take responsibility for its poor financial planning and while the Council may support exceeding the assessment cap in this case to fund the required Plan update, it would not consider future requests to exceed the cap. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6 :45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:51 p.m Motion passed unanimously. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION'S • 2011 OPERATING BUDGET - CONTINUED Discussion continued on the Shingle Creek Watershed Management Commission's 2011 operating budget. Mr. Boganey asked if staff should prepare a resolution that contains explicit statements to insist on better financial planning in the future for the next generation Plan update and that the Brooklyn Center Council will not be inclined to exceed the assessment cap in any future years. He noted the reality is that mandates come down to the cities and Brooklyn Center jointly agreed with other communities to create the Shingle Creek Watershed Management Commission to help carry out its responsibilities. If the Shingle Creek Watershed Management Commission does not have adequate funding to meet the mandates, it falls back to the City. Mr. Lillehaug advised that one member city is represented by a councilmember and that city indicated it does not support the assessment cap increase. It was noted that if more cities pull out of the JPA, then the organization will fold and the City will have to assume the responsibility. Mr. Boganey explained that if the Shingle Creek Watershed Management Commission does not receive approval from member cities it would have to revise its bud g et and determine where to make cuts to operate within the cap. Mr. Lillehaug stated this has not yet been discussed, but the budget is already conservative so core services would be cut, which would then become the responsibility of the City. 07/12/10 -4- DRAFT The Council further discussed the Shingle Creek Watershed Management Commission's budget • process, indicated it did not want to establish a precedent for future increases, and requested staff to draft a resolution for the Council's consideration. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. • • 07/12/10 -5- 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 JULY 12, 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Interim Chief of Police Kevin Benner; Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. • Jo Roberts, Link Associates, 6001 — 78 Avenue N., offered to create and provide a 3 -ring binder resource book that includes announcements of upcoming community events and information on local businesses. She stated she would monitor the community event information to assure it is up -to -date and it would be the responsibility of local businesses to do the same with their information. Ms. Roberts indicated she had already approached the library and it is willing to consider this option. She offered to permanently affix the City's copy and suggested it be made available at the Community Center. Ms. Roberts also asked that City ordinances be made easier to find. Mayor Willson thanked Ms. Roberts and indicated the Council would take it under advisement. Councilmember, Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION ' Teresa Rousseau, St. Alphonsus Church, offered an Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 07/12/10 -1- DRAFT • 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Interim Chief of Police Kevin Benner; Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, with amendments to the Regular Session minutes of June 28, 2010, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 28, 2010 — Study Session • 2. June 28, 2010 — Regular Session 6b. LICENSES 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 — RENTAL STANDARDS PRIOR TO MARCH 5, 2010 RENEWAL 4809 Twin Lake Ave., Lake Shore Apts. Curtis Erickson RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 5639 Humboldt Avenue N. Matthew Resong 6400 Noble Avenue N. ZamZam Gesaade .6819 Orchard Avenue N. Lue Moua • 07/12/10 -2- DRAFT RENEWAL (TYPE I — three-year license) • 6744 France Avenue N. Donald Renelt 1320 68 Lane N. Rachel Omao 6807 Humboldt Avenue N. C101 William & Elsa Lind 6807 Humboldt Avenue N. C102 William &Elsa Lind 6819 Humboldt Avenue N. A102 William & Elsa Lind 6819 Humboldt Avenue N. A104 William & Elsa Lind 4207 Lakeside Avenue #123 Donna Kabanuk 5900 Pearson Drive Mary Tjosvold RENEWAL (TYPE II —two-year license) 7256 Unity Avenue N., Unity Place CHDC LTD Partnership 5207 Xerxes Avenue N. Dennis Bona 5412 Fremont Avenue N. Gary Anakkala 3900 Janet Lane Keith Carlson 6437 June Avenue N. Tracy Vu 6c. RESOLUTION NO. 2010 -98 APPOINTING ADDITIONAL ELECTION JUDGES 6d. ACCEPTANCE OF A GRANT AWARD OF THREE (3) IN -CAR CAMERA SYSTEMS BY THE MINNESOTA OFFICE OF TRAFFIC SAFETY 6e. ACCEPTANCE OF THE RESTATED BYLAWS OF BROOKLYN • CENTER FIREFIGHTERS RELIEF ASSOCIATION Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS — None. 8. PUBLIC HEARING — None. 9. PLANNING COMMISSION ITEMS — None. 10. COUNCIL CONSIDERATION ITEMS ' — None. 11. COUNCIL REPORT • 07/12/10 -3- DRAFT Councilmember Yelich encouraged residents to take advantage of the savings offered through • the City's discount prescription program at local pharmacies and indicated the cards are available at City Hall. Councilmember Lasman reported on her attendance at the following: • July 9, 2010, Relay for Life, an excellent event that was well attended and enjoyed good weather. She thanked all involved and sponsors for their generosity. Councilmember Roche commended Jo Roberts of Link Associates for stepping forward with the idea for a resource book to keep residents updated on community events and services offered by businesses and organizations. He indicated he has enjoyed fresh produce from the market at the United Methodist Church on 71 and Brooklyn Boulevard and hopes others offer a market next year. Councilmember Roche thanked the Housing Commission for creating a "welcome bag" for new residents that contains City maps, park information, important telephone numbers, and a guide to the neighborhood. He announced the July 21, 2010, Twin Lake neighborhood meeting and described the location of the park where the meeting will be held.. He urged residents to attend to learn what is going on in the City. Councilmember Roche reviewed the City's infrastructure improvements in the area of the Brookdale Mall and encouraged the mall owners to increase maintenance efforts and adhere to the City's requirements. Councilmember Ryan reported on his attendance at the following: • July 9, 2010, American Cancer Society Relay for Life, noting this is the fifteenth year the event has been held at the Brooklyn Center High School athletic field. He explained that his • wife is a cancer survivor and the event was hosted by former Police Chief Scott Bechthold, also a cancer survivor, whose personal story is inspirational. Councilmember Ryan stated it was a moving event and thanked the Brooklyn Center businesses who gave generously. Councilmember Ryan announced the Twin Lake Park neighborhood meeting as mentioned by Councilmember Roche. He displayed a form letter that the Police Department will send to Neighborhood Watch groups to remind them of the August 3, 2010, National Night Out and encourage participation. He noted the National Night Out kick off event will be held on August 3, 2010, and advised of events that will occur. Mayor Willson stated he had nothing additional to add to the Councilmember's reports. He clarified for the audience that the Council has discussed the Brookdale Mall area and directed staff to follow the City's ordinances. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Roche seconded adjournment of the City Council meeting at 7:14 p.m. Motion passed unanimously. • 07/12/10 -4- DRAFT 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 JULY 12, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority EDA met in Work Y Y P Y� ) Session called to order b Ma or/President Tim Willson at 7:19 .m. Y Y p 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, Interim Chief of Police Kevin Benner; Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. FIREHOUSE PARK BASKETBALL COURT- UPDATE City Manager Curt Boganey explained that staff moved forward with the Council's direction and • installed a single basketball hoop at Firehouse Park. He noted this matter had been extensively reviewed by the Council a year ago, and nothing has changed from that point of view. Mr. Boganey advised that within 20 minutes of installing the basketball hoop, a flurry of neighbor complaints were received but the number of calls have since greatly decreased because there have been no incidents. He stated there has been an increase in litter, which has been addressed with staff. Interim Police Chief Benner reported their patrol time has increased from 5% of staff time to 12.5% staff time. He referenced the summary report of officer's findings when visiting the park to meet with people and identify where they are from. He clarified that while calls were received about adult males playing on the basketball court, investigation found that was not the case. Interim Chief Benner advised of two incidents of after -hour park use. Councilmember Yelich indicated he had requested residents to contact him if they noticed problems, but he has received no comments. He had stopped by the park and found no one was using the basketball hoop. Councilmember Yelich supported continued monitoring for the time being. t Councilmember Roche indicated the first couple of nights he observed a fair amount of traffic and activity but since then it has greatly dropped. He stated he remains concerned about the litter problem and thinks that at some point the basketball court should be moved to the fire house. Councilmember Roche took exception to comments in the Park and Recreation Commission P • minutes regarding the half -size basketball court versus.a full -sized court and indicated he would 07/12/10 -1- DRAFT support the appointment of residents from this neighborhood to the Park and Recreation • Commission. Councilmember. Ryan thanked the Police Department for its report and foresight in shifting resources to what had been a problem area. He asked the Department to carefully document all calls so the Council can determine what should happen in the future. Councilmember Ryan noted he had reservations about a basketball use at this park and, when resources are available, would like it moved to a different location in the park that is better suited and farther from residential homes. He suggested the Council be prepared to reverse its decision for a half -court if excessive problems return that impact neighboring residents and consume too many police resources. Councilmember Lasman stated she supports a "wait and see" approach. She asked for an update on Central Park and use of the park patrol. Interim Chief Benner advised that while there had been issues on the Central Park trails last year, that is no longer the case. Mayor Willson indicated support for continued monitoring of Firehouse Park and noted that parks are available for people to enjoy, even a half -sized basketball court. However, at some point, he would like to reassess having a full -sized court. Councilmember Yelich clarified that the Park and Recreation Commission are advocates for recreational facilities and support other approaches to deal with behavior issues such as police monitoring or relocating the court. The Commission would prefer to see a full -sized basketball • court but he had explained to them that this is a deliberate measured approach by the Council. The majority consensus of the City Council was to continue monitoring Firehouse Park. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 7:38 p.m. Motion passed unanimously. • 07/12/10 -2- DRAFT City Council Agenda Item No. 6b • 1 COUNCIL ITEM MEMORANDUM DATE: July 20, 2010 • TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cl SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its July 26, 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. GASOLINE SERVICE STATION Brookdale Holiday 5710 Xerxes Avenue N • MECHANICAL A J Mechanical 3410 Avenue S, So St. Paul McChesney Heating & A/C 8201 175 Avenue SE, Becker Modern Heating & A/C 2318 First Street NE, Minneapolis R B Heating & Air 20826 Austin Street NE, Cedar RENTAL See attached reports. SIGN HANGER Lawrence Sign Co. 945 Pierce Butler Road, St. Paul TOBACCO RELATED PRODUCT Brookdale Holiday 5710 Xerxes Avenue N Brooklyn Center Grill, LLC 2590 Freeway Boulevard f • Mission: Ensuring an attractive, clean, safe co►ninunity 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 . 3 ±..... �, a . Gxear t, l S ..but ria mare; than Type IV — 6 Months 1-2 units Greater than 8 3 units Cireter tMi 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 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category. 4`,uru„ , ;.. Greeter than lutndtsndre than 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 4 Cate r g 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe comnuinity that enhances the quality of life andpreserves the public trust 0 11 1 1 1 '11 11 N M-1 Rental Standards Prior to Marc 6, 2010 inspe r n�w� 5424 Fremont Ave N Single Family Initial BII McCrum 0 OK OK 1425 55th Ave N 1 Bldg 1 Passed with Weather Deferral 4 Units Renewal Trung Duong .25 /unit OK OK 1 Bldg 3 7240 West River Rd 7 Units Renewal Nedzad Ceric .43 /unit OK OK 1316 68th Ln N Single Family Renewal Valerie Blount McKissack 0 OK OK I I Current Rental Standards 'r tl s ,.� -_: ° ar r w� r'. R,�<,. f ,., ,,. : •e• a ' , � Zxr'z ,. 3 ,. y � ?�'�z •�. z, ..� � `t �+rt: � + � spa; r , � ,.:•„ � � �� ,�' ,�. � �< �� ,� fir: �„ ��, � � k?,•, s. "� ,s, ; � 5400 -02 Russell Ave N Two Family (2) Initial Tai Pham 15 III N/A III OK OK 284167th Ln N Single Family Initial Brooke Berner 0 II N/A II OK OK 6919 France Ave N Single Family Initial Karlene Hermantin 2 II N/A If OK OK 6807 Humboldt Ave N Single Family Initial William & Else Lind 5 III N/A III OK OK 5212 70th Ave N Single Family Renewal Roland Bell 1 1 0 1 OK OK 6813 Humboldt Ave N 8203 Single Family Renewal William & Else Lind 1 1 1 1 OK OK 6813 Humboldt Ave N 8204 Single Family Renewal William & Else Lind 4 II 3 111 OK OK 7208 Perry Ct E Single Family Renewal Vincent Okonkwo 0 1 0 1 OK OK 7193 Unity Ave N Single Family lRenewal Mary Turcotte 0 1 0 1 OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type 1 = 3 year Type 11 = 2 year Type III = 1 year Type IV = 6 mos City Council Agenda Item No. 6c • COUNCIL ITEM MEMORANDUM DATE: July 26, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center • has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20 -301to 20 -306. Although the city has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter an agreement, the city will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and on City property is included in the 2010 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the • respective property owner, and if unpaid, is specially assessed to the property. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust I COUNCIL ITEM MEMORANDUM Council Goals: Strategic: We will respond to increased public awareness and interest in environmental sustainability and green community issues • • Mission: 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 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. • NOW, T T Council of the City of HEREFORE, BE I RESOLVED by the Co y Brooklyn Center, Minnesota, that: 1. The diseased trees at the followin g Y addresses are hereby declared to be a public nuisance. Property Owner Property Address Tree Type and No. Joel T Van Den Boom 6907 W Palmer Lake Dr Elm — 25 Bank of America N A 6318 Unity Ave N Elm - 26 Peter J Gerard 3800 France PI Elm — 30 Riggs E O land 7118 Ewing Ave N Elm — 31 Estella Carrillo 6813 Drew Ave N Elm — 32 & 33 James L Burton 6400 Girard Ave N Elm — 34 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. RESOLUTION NO. • 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. July 26, 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. • i City Council Agenda ;Item No. 6d 1 • COUNCIL ITEM MEMORANDUM • DATE: July 20, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer s� SUBJECT: Resolution Amending Special Assessment Levy Roll Nos. 17591 and 17592 to Provide for the Deferment of Special Assessments Recommendation: It is recommended that the City Council consider approval of the Resolution Amending Special Assessment Levy Roll Nos. 17591 and 17592 to Provide for the Deferment of Special Assessments. Background: On March 8, 2010, the City Council by Resolution 2010 -60, approved Special Assessment Levy Nos. 17591 and 17592 for the Twin Lake Area Neighborhood Street and Storm Drainage Improvements, Project Nos. 2010 -05 and 06. The attached resolution amends the respective levy rolls to provide for the deferment of special assessments on one property where the qualifying person is eligible because they are at least 65 years of age or older and whose household meets certain financial characteristics. The City of Brooklyn Center calculates and levies special assessments in accordance with Section 2.10 of the City Council Code of Policies. This document outlines the process and procedures within the City's Special Assessment Policy for funding of public improvement projects. Subsection 4 of the Special Assessment Policy provides for a program to defer a portion of the special assessments for • qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. A copy of subsection 4 of the Special Assessment Policy is attached to this memorandum. The City received one application for deferment of special assessments that met the required standards to qualify under the attached Special Assessment Policy standards. This property is located at 5308 Vincent Avenue North. The applicant has provided Income Tax documentation meeting "very low income" limits established by HUD. Budget Issues: The proposed special assessments deferment for said property totals $2288.70 ($1760.34 for street and $528.36 for storm e draina . The amount to be certified for said p roperty totals $2177.30. The g) P total amount of special assessments previously levied was $1,237,332.49. The net reduction in short- term project revenue of less than one percent due to the proposed deferment does not create a substantial funding concern based on an analysis of the project costs to date. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements • Mission: Ensuring an attractive, clean safe concncunttp that enhances the quality of IiPe and preserves the public trust e Member introduced g the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 17591 AND 17592 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 17591 and 17592 for the Twin Lake Area Neighborhood Street and Storm Drainage Improvements, Project Nos. 2010 -05 and 06; and WHEREAS, Special Assessment Levy Nos. 17591 and 17592 were approvedby the City Council on March 8, 2010; and WHEREAS, the City Council has established a program to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to permanent and total disability when said households meet certain financial characteristics. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn ion special Center, Minnesota that the following property is eligible to d efer a port of their sp ial assessment • for Improvement Project Nos. 2010 -05 and 06, therefore amending Levy Nos. 17591 and 17592 as noted below. Special Assessment Levy No. 17591 is hereby amended to reduce the previous amount of $3,435.00 to the new amount of: Levy Deferred Interest PID No Amount Amount Rate ( %) 02- 118 -21 -33 -0028 $1,674.66 $1,760.34 6.0 Special Assessment Levy No. 17592 is hereby amended to reduce the previous amount of $1,031.00 to the new amount of: Levy Deferred Interest PID No Amount Amount Rate ( %) 02- 118 -21 -33 -0028 $502.64 $528.36 6.0 • • RESOLUTION NO. July 26, 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. • • SECTION II - GENERAL POLICIES City Council Code of Policies • 4. Assessment Deferral Program There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. 3. The applicant must have a "financial hardship" defined as: a. An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and • b. The aggregate total of special assessment installments from previously existing special assessment levies plus the first year of the current levy will exceed 1 1/2 percent of the applicant's annual income. B. Calculation 1. The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 1/2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 1/2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure -to -pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 1/2 percent aggregate payment. • City of Brooklyn Center 07/14/08 Page 218 SECTION II - GENERAL POLICIES • City Council Code of Policies C. Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October l immediately following the certification date) _ to the date of payment of the deferred portion of the assessment. D. Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: I. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. 3. If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. • Reference: City Council Resolution Nos. 2005 -17; 2001 -122; 2000 -195; 97 -214; 97 -118; 94- 274; 93 -49; 90 -138; 90 -137; 85 -34; 84 -175; 83 -190; 82 -226; 81- 244;80 -292 • City of Brooklyn Center 07/14/08 Page 219 City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM • DATE: July 20, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer Sff- SUBJECT: Resolution Authorizing the Shingle Creek Watershed Management Commission to Exceed the 2011 Administrative Operating Budget Levy Cap Recommendation: It is recommended that the City Council approve the resolution authorizing the Shingle Creek Watershed Management Commission to exceed the 2011 administrative operating budget levy cap that is assessed to member Cities. 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. The Council reviewed this item at a work session on July 12, 2010. A couple of key points that the Council discussed included the need for better budget planning to avoid exceeding the cap in the future and that the City's approval for exceeding the assessment cap that is due primarily to pay for the Third Generation Watershed Management Plan update does not and will not open the door for future approvals of this nature. 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. Budget 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. Council Goals: Strategic: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • Alission. Ensuring an attractive, clean safe community that enhances the qualitil of life and preserves the public trust Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO EXCEED THE 2011 ADMINISTRATIVE OPERATING BUDGET LEVY CAP WHEREAS, the City of Brooklyn Center is a member of the Shingle Creek Watershed Management Commission, a Minnesota joint powers organization, organized pursuant to Minnesota Statutes, Section 471.59 and Section 103B.211 (the "Commission "); and WHEREAS, the Joint Powers Agreement establishing the Commission provides that the Commission's annual levy to the cities for its administrative budget may not exceed a cap, which, for calendar year 2011, is in the amount of $311,400, without the consent of a majority of the city members; and WHEREAS, the Commission has requested the approval by the member cities of a levy for its administrative budget which exceeds the cap by the amount of $42,000, for a total assessment of $353,400; and • WHEREAS, Minnesota State Statutes require watershed management plans to be updated no less frequently than every ten years, and the purpose of the additional assessment is to prepare the Third Generation Watershed Management Plan; and WHEREAS, the City Council has determined that it is reasonable, appropriate, and in the best interests of the public to approve the proposed levy for the administrative budget requested by the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Council approves the total levy by the Shingle Creek Watershed Management Commission for calendar year 2011 for its' administrative budget in the amount of $353,400. 2. Approval to exceed the 2011 Administrative Operating Budget Levy Cap does not set a precedent for future budget planning and approvals. 3. The Shingle Creek Watershed Commission is directed to improve budget planning for these long - standing, known expenditures so as to eliminate the need to exceed the assessment cap in the future. • 4. The City _Clerk is directed to forward a copy of this resolution to the recording secretary of the Commission. • RESOLUTION NO. July 26, 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. • i • Shin reek Watershed Management Commission 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 requests the member cities to authorize exceeding the assessment cap in 2011 for the purpose of funding preparation of the Third Generation Watershed Management Plan. A model resolution is provided for your 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 • 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 1AA:tim t 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 i • 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 2010 2011 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 7B 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 $551,966 $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 1,070 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 • • Approved Actual Approved Actual Approved Approved, 2008 2008 2009 2009 2010 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 ( ' n (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 3,000 808 3,000 1,800 2,000 2,000 55 Rain garden workshops 6,820 10,913 0 12,000 56 Chl 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 is 69 Channel design -Reach 7B 28,075 70 Wetland 639W Feas Study 30,000 30,559 90,000 967 Approved Actual Approved Actual Approved Approved, • 2008 2008 2009 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 $413,400 CAPITAL IMPROVEMENT PROJECTS 73 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 C/P $322,500 $80,863 $107,500 $85,743 $105,000 $637,500 TOTAL OPERATING+CAPITALEXPENSE j $670,060 j $589,274 1 $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 l 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, TMDL 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. I • 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 11 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 11 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 Cl P; receiving a request from the affected member city(ies) to consider the project; providing public notice and holding a hearing; and ordering the project. • Table 3. Member Assessments — Third Generation Plan Only Acre- 2010 Tax Cost Allocation Cost Based Total Cost • Community age Capacity Based on Area on Tax Capacity g y %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% 1 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% 258 1.5% 365 1.3% 623 Plymouth 1 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% 1,486 5.6% 2,743 Totals 28,460 $135,852,787 100% $24,500 100% 1 $24,500 100% $49,000 Table 3. Member Assessments — Total 2009 Cost Allocation Cost Based 2008 Tax 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% $19,899 11.24% $17,110 12.16% $37,009 Brooklyn Park 7,080 39,492,656 24.88% 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% 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 5.13% 7,810 6.00% 9,139 5.57% 16,948 Totals 28,460 $159,418,572 100.00% $152,235 100.00% $52,235 100.00% $304,470 • 2010 Cost Allocation Cost Based Community Acreage Capacity Tax Based on Area on Tax Capacity Total Cost Cap %age TDollars %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 21,127,274 15.39% 23,424 13.59% 20,691 14.49% 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 I Dollars %age Dollars %age 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% 13,7139 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 1.49% 2,631 1.27% 4,493 Plymouth 4,380 1 19,965,825 15.39% 27,194 1 14.70% 25,969 15.04% 53,163 Robbinsdale 1,460 8,241,022 5.13% 9,065 6.07% 10,719 5.60% 19,784 • Totals 28,460 $135,852,787 100.00% $176,700 100.00% $176,700 100.00% $353,400 eSh in re e k Watershed Management Commission 3235 Fernbrook Lane N • Plymouth, MN 55447 Phone (763) 553 -1144 • Fax (763) 553 -9326 www.shinglecreek.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 of 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. T • • • • 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 1 $85,339 MPCA Multiple 2003 -2004 Shingle Creek Corridor Study $20,000 DNR Conservation Partners Brooklyn Park, Brooklyn Center, 2004 Minneapolis, Robbinsdale Lake TMDLs Phase II $65,000 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 $16,025 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 $82,500 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 I94 t6CR10 $105,237 BWSR CWLA Brooklyn Center 2010 Crystal Lake Retrofit BMPs $50,000 MCD Landscape Restoration Robbinsdale 2010 Twin Oak Pond $347,404 PFA Crystal 2010 TOTAL $2,185,440 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 CreekTinancialsTinancials 2011\M -to scwmo re third gen plan (3).doc • • *Sh in Pik reek Watershed Management Commission 3235 Fernbrook Lane N • Plymouth, MN 55447 Phone (763) 553 -1144 • Fax (763) 553 -9326 www.shinglecreek.org 2011 Bud et and Third Generation Plan g 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: / / state. mn. us./ plannin€Z!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 permit 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 CreekTinancialsTinancials 201 ABudget QA.doc • Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale City Council Agenda Item No. 6f • • COUNCIL ITEM MEMORANDUM DATE: July 20, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S)� SUBJECT: Resolution Amending the 2010 -2024 Capital Improvement Program Recommendation: It is recommended that the City Council consider approval of the Resolution Amending the 2010 -2024 Capital Improvement Program. Background: Attached is the amended Capital Improvement Plan that details the 2010 plan for capital construction improvements within the City and financing sources required to accomplish these projects. The highlighted item indicates the proposed amendment that adds the County Road 57 Streetscape project. The County Road 57 Streetscape project includes extending the Bass Lake Road Streetscape elements from Highway 100 to Logan Avenue (see attached drawing). Budget Issues: The amended item adds $375,000 to the Capital Improvement Plan in 2010 with funding designated from the City TIF District 3 Redevelopment Bond Proceeds. This project must be completed prior to the first week of May 2011 to qualify for this funding. Additionally, City staff is currently working • with the County for potential funding participation through the County's Roadway Enhancement Program. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: 5. We will improve the image of the City with citizens and others t • .Mission. Lsnsurin frn attractive, clean, safe cnrnnwniu v that enhances the elualitr: cif life and preserves the public trust Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2010 -2024 CAPITAL IMPROVEMENT PROGRAM - WHEREAS, the City Council of the City of Brooklyn Center adopted the 2010 -2024 Capital Improvements Program on December 14, 2009; and WHEREAS, the City Council reviewed and discussed proceeding with the County Road 57 Streetscape Project on July 14, 2010; and WHEREAS, funding is available and designated within the 2008A Tax Increment Bond Proceeds for the County Road 57 Streetscape Improvement project; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is the documentation for the above referenced amended 2010 -2024 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the amended 2010 -2024 Capital Improvement program as set forth in Exhibit A to this Resolution be and hereby is adopted. • July 26, 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. • 0 0 • y O Colored concrete ..,.; treatment Overstory trees �•L Q p I r ��c Shrubs Transit stop Ove of )I Fa i Lighting rstory trees i V-6" maintenance strip - J z i y I n t • o r - - - - - - - -Bass - - Road -- - • I ,. Lilac Drive Nort _ - -�� _ -_ - - - ..____.. • _ _______ _ __ m 5 „ mainten en ante strip a b I S Trail Transit stop yr Lighting a r V F P a� I M Is SM� v � h TaF L Preliminary Ccr pt - Bass Lake Road, Highway 100 to Logan Avenue 5 E H Brooklyn Center, MN December 4, ]009 fINLI — I <N> 0 30 60 Ff �; Table 2 EXHIBIT A Capital Improvement Program (2010 - 2024) AMENDED -July 26, 2010 Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Other To Be Total Project Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Fund Funding Sources Determined Cost 2010 Dupont Avenue Reconstruction $900,000 $0 $1,080,000 $737,000 $456,000 $504,000 $30,000 1 $0 $0 $0 $3,707,0 Twin Lake North / Lakeside Neighborhood $904,000 $1,305,000 $77,000 $1,108,000 $970,000 $902,000 $53,000 $0 $0 $0 $5,319,00 Vi ncent Neighborhood $82,000 $198,000 $0 $100,000 $84,000 $130,000 $0 $0 $0 $0 $594,00 Arboretum South Parking Lot Reconstruction $0 $0 $0 $0 $0 $0 $0 $30,000 $0 $0 $30,00 Wetland 639W participation with SCWMC $0 $0 $0 $165,800 $0 $0 $0 $0 $0 $0 $165,80 Storm Water Ponds 12 -002 & 12 -003 Dredging $0 $0 $0 $120,000 $0 $0 $0 $0 $0 $0 $120,00 Shingle Creek Stream Bank Stabilization (CR 10 to 1 -94) $0 $0 $0 $0 $0 $0 $0 $0 $520,000 (1) $0 $520,00 Capital Maintenance Building Program 2010 $0 $0 $0 $0 $22,000 $44,000 $0 $0 $0 $195,000 $261,000 Willow Lane Open Picnic Shelter & Park Improvements $0 $0 $0 $0 $0 $0 $0 $70,000 $0 $0 $70,000 Grandview Park Trail $0 $0 $0 $0 $0 $0 $0 $37,000 $0 $0 $37,000 Kylawn and Firehouse Parks Trail Rehab. $0 $0 $0 $0 $0 $0 $0 $62,000 $0 $0 $62,00 Bass Lake Road Streetscape & Re ional Trail $D $0 $0 $0 $0 $0 $0 $5,040,000 (2) $0 $5,040,00 aunty Hoar€ Streetscape (Hwy 100 to ogan Ave' $0tl, J O f .. 2010 Subtotal $1,886,000 $1,503,000 $1,157,000 $2,230,800 $1,532,000 $1,580,000 $83,000 $199,000 $5,935,000 $195,000 $16,300,800 Notes: (1) Watershed Funding ($130,000); Hennepin County Grant submittal ($130,000); City TIF District 3 ($260,000) (2) 2009 ARRA Federal Stimulus Funding ($2,000,000); Henneping County ($798,500); Three Rivers Park District ($434,000); City TIF District 3 ($1,807,500) (3) City TIF District 3 Funds G :\Administration \Budget\2010 \PW 2010 Budget \CIP 2010 \100720 0 FINAL CIP Table 2.xls City Council Agenda Item No. 6g I 1 I• COUNCIL ITEM MEMORANDUM • DATE: July 20, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineerff4 SUBJECT: An Ordinance Vacating Certain Drainage and Utility Easements within Lot 61 and Lot 62, Auditors Subdivision Number 218, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of first ordinance reading and establishment of a date for a second reading and public hearing to consider an ordinance vacating certain drainage and utility easements within Lot 61 and Lot 62, Auditors Subdivision Number 218, Hennepin County, Minnesota. Background: The City Council previously considered the approval of the preliminary plat for Northbrook Center 2 nd Addition adjacent to County Road 57 and Logan Avenue to facilitate the marketing of this property owned by the Economic Development Authority. As a general housekeeping item, the proposed ordinance would vacate the underlying drainage and underlying drainage and utility easements that exist within the site. The new plat of Northbrook Center 2 Addition dedicates and includes all of the necessary new easements. • Consistent with the City harter, a first reading to establish a date for a second reading and Y � g g public hearing to consider the proposed ordinance is requested for August 23, 2010. Budget Issues: The Economic Development Authority (applicant) is required to pay a cash fee in the amount of approximately $125 as part of the application process to vacate the easements. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans • Mission: Ensuring an attractive, glean. safe community that enhances the quality of life and preserves the publics trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23 day of August, 2010, 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating easements within a portion of LOT 61 AND LOT 62, AUDITORS SUBDIVISION NUMBER 218, Hennepin County, Minnesota. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 61 AND LOT 62, AUDITORS SUBDIVISION NUMBER 218, HENNEPIN COUNTY, MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Those parts of the drainage and the drainage and utility easements as dedicated within a portion of LOT 61 AND LOT 62, AUDITORS SUBDIVISION NUMBER 218, Hennepin County, Minnesota according to the recorded plats thereof, Hennepin County, Minnesota, which lie within the following described property are • hereby vacated: Vacate that part of the drainage easement in Lots 61 and 62, AUDITOR'S SUBDIVISION NUMBER 218, Hennepin County, Minnesota, that was retained in the Morgan Avenue North street vacation resolution, per document no. 494944. This easement is described as being within that part of Morgan Avenue North lying between the north line of 57th Avenue North and a line drawn parallel to and 30.00 feet distant southeasterly from the southeasterly line of Highway No. 100. Section 2. Notwithstanding the description provided above, it is the express intent of the City not to vacate any of the roadway easements dedicated with the recording of LOT 61 AND LOT 62, AUDITORS SUBDIVISION NUMBER 218, Hennepin County, Minnesota. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication and after recording of new drainage and utility easements as part of the plat of NORTHBROOK CENTER 2 ND ADDITION, Hennepin County, Minnesota. • • Adopted this day of , 2010 Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • r�a+� �j ir��!tV � Northbrook PRELIMINARY ° C / = r' PRELIMINARY PLAT GENERAL NOTES / 1' /✓ , ^ � I I Center /J /� %✓ I , SURVEYOR: OWNERIDEVELOPER: 2nd Addition NORTHBROOK CENTER 2ND /P . ; }tr 3, Loucks Associates, Inc. City of Brooklyn Center 7200 Hemlock Lane, Suite 300 6301 Shingle Creek Parkway g + , Maple Grove, MN 55330 Brooklyn Center, Minnesota ADDITION -& , 763424 -5505 v I LEGAL DESCRIPTION: Lota 1 through 6, Block 2, Northbrook Center Addition, Hennepin County, Brooklyn Center, Minnesota I Minnesota, together with that portion of Logan Avenue North, vacated as , shown by Document No. 1740258, accruing thereto by reason of the vacation Center thereof. Gly Brooklyn / /� / /.; `r i t -•'::: iY r s . Hennepin County star snt�tP.tw.r Torrens Property r� PROCOSED DEDG,ED DRUwGE ME umm I- EMENTS �� / /'� �� , •� f S I Torrens Certificate No. 1201107 aROPoSEO D—GE Outlot A - a e' _ t _ DATE OF PREPARATION: / • t t I July 29. 2009 PROPOSED DuTC,IrON a LOCw AC 37,074 + / SF I ! a , i s+'p QSS +�- AC 1 �, ' I BENCHMARK= .. I�PROPOSED ocolGTwN or snN evE / / / ` •„ armsrt -zs.v . Benchmark: Top Nut of the Hydrant located on the west side of Logan Ave at / //� // 0.25 the westerly extension of the southerly R-O -W line for 58th Ave, as shown ELECTRIC un — E %ISrwG Lm WEMEm / - .-• _ _ _ I hereon, elevation = 849.30 feet (city datum) EXISTING ZONING: ^- 'w•°"°�'r •'�"•+'w C2 (COMMERCE DISTRICT) 1 7 „ - �� "� • PROPOSED ZONING: - I f' .• • ` C2 (COMMERCE DISTRICT) AREAS. a �^ Total Property Area = 370,648 +l- square feet or 8.49 +I- acres __ Riaht of wav Dedication Area = 14.364 +/- so uare feet or 0.33 +/. acres '°°"' ' "' ' "' " I ( Net Property Area = 355,700 +l- square feet or 8.16 +l- acres dF { I 3 It BLOCK $ 1 + I PROPOSED BUILDING SETBACKS: OL C Front = 35 Feet „ el° Slde (Corner) = 25 Feet Side (interior) + 10 Feet Rear = 40 Feet FLOOD ZONE DESIGNATION: LOT t i - This property is contained in Zone X (area determined to be outside the 2.0 - ' '•.� annual chance floodplain) per flood Insurance Rate Map, Community Panel t� 4y� 319,210 + /- SF I w No. 27053CO216E, effective date of September 2, 2004. 'g s a ,,;� .r' ,w•\ 7.32 + /- AG I SB9 "ol's9'E I. / I I 02a wl 0 50 100 �y•.°r..r.,.. NT I SCALE IN FEET R "LG1k'!^' � ' � It ON '�/ I e r• e � i .� ; ...-.. <,.�w.,.. ! it r \ ! T � 1i f l? R —1. ° M .Ma g"°M n n Nmn'n°o` • oo,°,ES ww Mw.,ENT row l �li i s ' SURVEY LEGEND - EXISTING CONDITIONS W STORM s— t ' � _... � .✓ �.' l \ i \ I \ ad. I ... STORM IMNMDIE SNInNiY SEWER \ I E j — 8 I sumuT wnNO E --N WpW N s u . umaNTS Wa °° S >3. sh ` w ° J I I „C �" I wArzR MAVNDLE I.W. —ND ELECTRIC ' ' sn \ n r d NTDRw` NOEflG —NO NO '' H ' . y t� j f. :I OxTE vKNE - MINI RIXIND rzLEPNOK S+t l l _ _ + \ • `_ • "_°Y A TELEPHONE PEOrsM1 avERMUn urnrn '. 8 ! CORTCOR E �� - -� - -- liminary .I cRwn uNZ FENCE --L- Pre - Pla[ —E C— �' '��"•` nfRiT CONCRCTE _ _ L t14.y9 �6 ., - 8'Mf AMY �. N I SON S - cwcRE,E =TV= wcn"°a,»aaoWS< _R•M 9 .0 SE .m.woROAwwe wwe or - wz. a S89'S6'17'W .255.26 OR THE nw, NRko w - caar4 e7 — - - y .. • MMR,a wwR .a 0903 4 ----- - - - --� — — - - - -- -rya —= - - --H„ — ,�`°. - -: � g l'% I Of 1 City. Council Agenda Item No. 6h COUNCIL ITEM MEMORANDUM • DATE: July 20, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer 214 SUBJECT: Resolution Establishing City Improvement Project, Approving Plans and Specifications, and Authorizing Advertisement for Bids, Improvement Project No. 2010 -17 Count Road 57 Streetscape and Improvements Y p p I Recommendation: It is recommended that the City Council consider approval of the Resolution Establishing City Improvement Project, Approving Plans and Specifications, and Authorizing Advertisement for Bids, Improvement Project No. 2010 -17, County Road 57 Streetscape and Improvements. Background: Currently, the Bass Lake Road Streetscape and Regional Trail Project from Brooklyn Boulevard to Highway 100 is under construction and anticipated to be completed by October 2010. In an a effort to continue improving the area' s aesthetics and pedestrian safety, .plans h e been v developed to continue these streetscaping improvements easterly across Highway 100 to Logan Avenue along County Road 57. The adjacent property to the north of County Road 57 in this area is currently undeveloped and owned by the City of Brooklyn Center's Economic Development Authority. p Y • Construction plans, specifications and contract documents have been prepared for this project. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City 's official newspaper and in a trade publication. Sealed bids would be collected, opened on a scheduled bid opening g date and tabulated by Y the City Clerk and Crt Y g p Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration on September 13, 2010. Budget Issues: The total project cost is estimated to be $375,000. Funding sources for the project include the City's Tax Increment Financing District 3. Additionally, City staff is currently working with the County for potential funding participation through the County's Roadway Enhancement Program. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: - 5. We will improve the image of the City with citizens and others • Ali,ssion: Ensuring tin attractive, clean, safe cninniuiuty that enhances the iivalitr nf'life and preserves the public Trust Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ESTABLISHING CITY IMPROVEMENT PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2010 -17, COUNTY ROAD 57 STREETSCAPE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, amended the 2010 -2024 Capital Improvement Program (CIP) that included adding the County Road 57 Streetscape Project to the City's CIP; and WHEREAS, the City Manager authorized execution of a professional services agreement for design services for the Project; and WHEREAS, plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 2010 -17, County Road 57 Streetscape Improvements is • p 7 hereby established. 2. The plans and specifications for Improvement Project No. 2009 -18 are hereby approved and ordered filed with the City Clerk. 3. The City Clerk shall prepare and cause to be inserted in the official newspaper and in a trade ublication an advertisement for bids for the making of such P g improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened b the City lerk and the City Manager or their designees. Y ees. An bidder P Y tY whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. • RESOLUTION NO. • July 26, 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. • • . __.._.. - --------..,..qr III / /lIOI {U!I • ^+ �� - mr. . Ic _ _ z I _ _w.�,�,�i • 1 / /1 /• �• [ /IsIQ :> - I umm�►. • —+ u1 e / nano► . = :: : Zinc fln cm zc 0 ,2 Illigil ' = -= - =- -= == ' -= i= :I::Illli 4C Iz i' a •• •� _- _ I I .. �. _1111. f t ►� 1�C .�: G: �: i� �e �_C is �� I == - r I M \ 11 111II {IIIIIIIII 111 _ .� __ _� � � =_ = _ .� �: -_ � • fir, - Ri ■ nu ■■ r. m g ■� �u.� tlt��l� ig CH 7z �. 57TH AVENUE (C.R. 57) I t E _ \ i IC { e� J I I � ' --- - - - --- �`i� LILAC DR I1L AdF - I I dl 07 � Z q�p; ' z X cc o m I' e® I LEGEND " • © REMOVAL PLANS C Y 10 STREETSCAPE IMPROVEMENTS CITY PROJECT N0. 2010 -17 COUNTY ROAD 57 CITY CONTRACT NO. 2010 -J GENERAL LAYOUT SHEET 2 OF 37 SNEETS City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM DATE: July 20, 2010 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Amend 2010 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2010 City Council meeting schedule to reschedule the date and time of the August 2, 2010, 6:30 p.m. Budget Work Session with Financial Commission to Wednesday, August 4, 2010, 6:30 p.m. in the Brooklyn Center City Hall Council Chambers. Background: On Monday, July 19, 2010, the City Council met with the Financial Commission for a Budget Work Session and considered amending the 2010 City Council Meeting Schedule to reschedule the August 2, 2010, Budget Work Session due to the National Night Out Events. Budget Issues: • There are no budget issues to consider. • R1ission: Ensuring an attractive., clean, safe, conunanity that enhances t{ae quality of life and preserves the public trust • City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: July 20, 2010 • TO: Curt Boganey, City Manager FROM: Kevin Benner, Interim Chief of Police �V SUBJECT: Acceptance of Target 2010 Charitable Contribution Recommendation: It is recommended that Council recognize by resolution the acceptance of a charitable contribution grant from the Target Corporation of $800 for the purchase of materials used to promote the 2010 National Night Out. Background: In April of 2010, the Target Corporation announced they would be providing law enforcement grant opportunities. The focus of the grant application was tools that could be used by law enforcement to help make the communities a safer place to live. The Brooklyn enter Police Department did submit an application to the Target ant for the yn P Pp g �' • assistance in promoting the community involvement in National Night Out. On July 12, 2010, the Target Corporation announced that Brooklyn Center was selected as a grant recipient for $800 to be used to help promote National Night Out. The National Night Out event is held each year on the first Tuesday in August. This police sponsored event strengthens neighborhood spirit and police- community partnership. This event also sends a message to criminals letting them know that neighborhoods are organized and fighting back. On August 2, 2010, the City of Brooklyn Center will be hosting a kick -off event for National Night Out at Central Park. On August 3, 2010 National Night Out will -be celebrated both throughout Brooklyn Center and around the world. Budget Issues: None Council Goals: T Strategic: 1. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources • oo' ewrad !i ". £'I an %et {t r_'vr t97PJPunif I t th clop 77 vL "s fit €' qF dif tff 8fL't�tt €�7tf'Ytif'�'S'('1 l/te' �7FtIJI£t' ix tl Sf Member introduced the following resolution and moved its adoption: TI • RESOLU ON NO. RESOLUTION EXPRESSING APPRECI_ATION FOR THE DONATION OF TARGET COMMUNITY PARTNERSHIP FOR AN $800 GRANT TO BE USED FOR THE PROMOTION OF NATION NIGHT OUT WHEREAS, Target Community Partnership has established a program to support communities; and WHEREAS, Target Community Partnership has received an overwhelming number of grant applications for this partnership program; and WHEREAS, Target selected Brooklyn Center to receive an $800 grant to be used towards the purchase of items to promote National Night Out on August 3, 2010, and the Kick Off party on August 2, 2010; and WHEREAS, the City Council is appreciative of this donation and commends the Target Community Partnership for making this funding possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: • 1. Acknowledges this donation with gratitude. July 26, 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 Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: July 20, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk - li k SUBJECT: Rental Dwelling License Approval for Partial Occupancy at Gateway Commons Recommendation: It is recommended that the City Council consider approval of a rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2818 and 2822 Northway Drive. Background: At its February 8, 2010, meeting the City Council adopted Resolution No. 2010 -28 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for the Gateway Commons Apartments Located at 2802 -2838 and 2900 -2940 Northway Drive (see attached). On July 16, 2010, Gary Brummer, owner of Gateway Commons, submitted an application for rental dwelling license and paid the $832 license fee for two buildings located at 2818 and 2822 • Northway Drive. Taxes and utilities are current. Building Official Gary Gilpin continues to work closely with Gary Brummer inspecting the units and buildings. The inspection has passed for these buildings and all license requirements have been met, as well as requirements of Resolution No. 2010 -28. There are six (6) building addresses remaining in the renovation project (2802, 2806, 2810, 2814, 2826, and 2830 Northway Drive). Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods .Mission: Ensuring an attractive, clean, safe. community that enhances the quality of life and preservers the public trust Member Tim Roche introduced the following resolution and moved its adoption: • RESOLUTION NO. 2010 -28 RESOLUTION RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR THE GATEWAY COMMONS APARTMENTS LOCATED AT 2802 -2834 AND 2900 - 2940 NORTHWAY DRIVE WHEREAS, the rental license for the apartments at 2802 -2834 and 2900 -294Q Northway Drive known as Gateway Commons is revoked; and WHEREAS, the owner Mr. Gary Brummer has requested that the City Council rescind the revocation for the property and allow for a partial occupancy license; and WHEREAS, the City Council directed the City Manager to meet with the owner to develop a process that would allow for a phased license rental process that would meet the objectives of the City; and WHEREAS, the parties have met and agreed to the conditions outlined in Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, that the City Council will review and consider the issuance of a license for partial occupancy of the property at 2802 -2834 and 2900 -2940 Northway Drive known as Gateway Commons, in accordance with the conditions outlined in Exhibit A February 8 2010 °''� ---- -- Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof4 Tim Willson, Tim Rohce,.Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. • RESOLUTION NO. 2010 -28 EXHIBIT A • Gateway Commons Partial Property License • The City Council will consider issuing a two year license for partial occupancy subject to all of the following conditions being met. • The license fee will be prorated based on the fee in effect at the time of occupancy approval. • The first approval (Buildings 2940 ,2928,2924,2936,2932,2920,2916) require the following: o 100 % of all vacant units must be completely renovated to approved standards o All interior common areas must meet approved renovation standards • o All occupied units must meet housing code standards o All exterior areas must meeting housing code standards o All previously approved occupied units that become vacant must be renovated before new buildings are approved • Subsequent approvals (minimum of two buildings at a time ) require the following: • All previously approved occupied units that become vacant must be renovated before new buildings are approved • Same improvement standards as above required, • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION . July 26, 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. Centennial Celebration 2. Bus Shelter Report from Administrative Traffic Committee 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. 2011 Brooklyn Center Celebration Update 6. Neighborhood Designations • 7. Junk and Inoperable Vehicles Update — Back Yard Parking 8. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 9. Brookdale Mall Update 10. Joslyn/City Property Remediation Update 11. Department Year End Reports 12. Active Living Program 13. RER — Howe Fertilizer Update 14. Garbage Hauler Report 15. Community Schools Update 16. Firehouse Park Update — October • Work Session Agenda Item No. 1 MEMORANDUM - COUN�IL WORK SESSION DATE: July 22, 2010 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Centennial Celebration Recommendation: It is recommended that the City Council receive the update. Background: Mr. Keith Lester the Chair of the Centennial Planning Committee has agreed to provide the City Council with a brief update regarding the planning for the 100 year birthday celebration next year. Council Goals: Ongoing: 1. We will improve the image of the City with citizens and others • 4 ission: Ensuring an attractive, clean, safe cominunity that enhances the quality of life anal preserves the public trust • Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION • DATE: July 22, 2010 TO: City Council FROM: Curt Boganey, City ManaVO Z SUBJECT: Bus Shelter Locations Recommendation: It is recommended that the City Council consider providing direction to staff regarding a request to Metro Transit for the placement of bus shelters Background: Several weeks ago the City Council met in worksession to discuss the placement of bus shelters. The Council reviewed the Metro Transit criteria for bus shelter placement and agreed that before a request for new shelters was requested the issue should be reviewed by the Administrative Traffic Committee. The Administrative Traffic Committee met (minutes attached) and staff recommends that we make a request to Metro Transit for the installation of bus shelters at the warranted locations in i accordance with the ATC recommendations. Council Goals: Strategic: 1. We will continue to maintain and upgrade City infrastructure improvements a. The traveling public will benefit from multi -modal transportation options fostered by the City. (d.o.3) Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life anti preserves the public trust Meeting Minutes Administrative Traffic Committee (ATC) Special Meeting - June 17, 2010 ATC members present: City Manager -Curt Boganey, Acting Police Chief -Kevin Benner, Public Works Director /City Engineer -Steve Lillehaug, Business and Development Director -Gary Eitel 1. Special Business a. Citywide — bus shelter locations ATC reviewed and evaluated the existing bus shelter locations within Brooklyn Center. All existing locations met the minimum Metro Transit warrant criteria of 25 riders with exception to one bus stop located at Humboldt Ave. and 69` Ave. (northwest quadrant). This bus shelter location is currently being evaluated and may be relocated by Metro Transit to another location that meets warrants. ATC reviewed six other bus stops that currently exist without a shelter that exceed the warrant criteria as follows: i. Shingle Creek Pkwy. and John Martin Dr. — 30 riders. ATC recommends requesting Metro Transit to install a bus shelter at this location. ii. Xerxes Ave. and Bass Lake Rd (southwest quadrant) — 81 riders. ATC recommends requesting Metro Transit to install a bus shelter at this location. The installation of the bus shelter must be coordinated with the streetscape elements recently installed with the • Xerxes Ave. streetscape project. iii. Xerxes Ave. and Northway Dr. (northeast quadrant) — 33 riders. ATC recommends requesting Metro Transit to install a bus shelter at this location. iv. Xerxes Ave. and Northway Dr. (southeast quadrant) — 60 riders. ATC recommends requesting Metro Transit to install a bus shelter at this location. The installation of the bus shelter must be coordinated with the streetscape elements recently installed with the Xerxes Ave. streetscape project. Also the southeast quadrant bus stop in lieu of the q P( P J southwest quadrant) must be verified to ensure the correct location matches the reported ridership numbers. v. Humboldt Ave. and 69`" Ave. (southeast quadrant) — 84 riders. ATC recommends requesting Metro Transit to install a bus shelter at this location. The specific location of the bus shelter would need to be coordinated with the adjacent property owners to evaluate a safer location for the bus stop. The current bus stop is located a significant distance from the intersection and consistent pedestrian J- walking is observed navigating to the current location of the bus stop. Having the bus stop closer to the intersection may improve safety by encouraging the use of the controlled crossing areas. vi. Brooklyn Blvd and 51" Ave. — 30 riders. ATC does not recommend pursuing a bus shelter in this location at this time. This intersection currently experiences traffic safety issues and the location of the bus stop may be a contributing factor. A permanent shelter location should be reevaluated during the planning of the reconstruction of Brooklyn Boulevard in this area. Minutes recorded and prepared by Steve Lillehaug.