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HomeMy WebLinkAbout1993 06-28 CCP Regular Session 0 CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JUNE 28, 1993 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda g g -All items listed with an asterisk 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 in its normal sequence on the agenda. 7. Approval of Minutes: * a. June 14, 1993 - Regular Session 8. Public Hearing: 8 .m. ( P ) a. Regarding Proposed Storm Water Pond, Park and Ride Facility and Park Development in the Southwesterly Quadrant of the I- 694 /Brooklyn Boulevard Interchange 1. Resolution Ordering Storm Water Pond Improvement Project No. 1992 -29 and Appropriating Funds Therefore 2. Resolution Providing for the Acquisition of Real Property for Storm Water Pond Improvement Project No. 1992 -29 3. Resolution Authorizing taff to Negotiate an Agreement with the Metropolitan g g g Po Transit Commission for the Acquisition of Properties and for the Construction for a Park - and -Ride Facility 9. Discussion Items: a. Americans with Disabilities Act (ADA) - Status Report of Transition Plan Development and Request for Funds 1. Resolution Amending the 1993 General Fund Budget for Certain ADA Compliance Expenditures CITY COUNCIL AGENDA -2- June 28, 1993 b. Staff Recommendation to Create the Position of IMS Technician within the Public Works Department 1. Resolution Amending the 1993 Pay Plan c. 1992 Annual Reports from the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Commission d. Discussion of RFP for Towing Service (Request of Councilmember Mann) e. Discussion of Feasibility of Cablecasting Council Work Sessions (Request of Councilmember Mann) 10. Resolutions: * a. Acknowledging Gift from the Rotary Club of Brooklyn Center * b. Accepting Proposal to Provide Professional Engineering Services for the Brookdale Area Storm Water Planning Study * c. Establishing Load Limits on Penn Avenue North between 53rd and 55th Avenues North and on 55th Avenue North from Penn Avenue to Logan Avenue North * d. Accepting Work Performed and Approving Final Payment for 1992 Diseased Tree p g PP g Y Removal Program, Improvement Project No. 1992 -10, Contract 1992 -E * e. Accepting Bid and Awarding Contract for Brooklyn Boulevard Sidewalk Repairs (Improvement Project No. 1993 -08), ADA Trail Improvements (Improvement Project No. 1993 -09), Replacement of Defective Sidewalks in Miscellaneous Locations (Improvement Project No. 1993 -10), Expansion of Parking Lot in South Palmer Lake Park (Improvement Project No. 1993 -11), Repair of Freeway Boulevard (Improvement Project No. 1993 -12), and Reconstruction of Apparatus Area in Northport Park (Improvement Project No. 1993 -13), Contract 1993 -E • f. Accepting Bid and Awarding Contract for Furnishing and Installing Playground Apparatus at Northport Park and at Freeway Park, Improvement Project No. 1993- 14, Contract 1993 -F • g. Approving an Amended Joint Powers Agreement for the Shingle Creek Watershed Management Commission -The amendments comply to recent changes in the Metropolitan Surface Water Management Act as adopted by the Minnesota Legislature and the rules as adopted b the Board of Soil and Water Resources s CITY COUNCIL AGENDA -3- June 28, 1993 * h. Approving an Amended Joint Powers Agreement for the West Mississippi Watershed Management Commission -The amendments comply to recent changes in the Metropolitan Surface Water Management Act as adopted by the Minnesota Legislature and the rules as adopted by the Board of Soil and Water Resources i * i. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 6/28/93) * j. Amending the 1993 General Fund Budget to Recognize the Grant for the "At Risk Youth Outreach Worker" Program * k. Approving Modification to Community Development Block Grant Joint Cooperation Agreement to Provide for Administrative Services for the Brooklyn Center Community Development Block Grant Home Rehabilitation Deferred Loan Program * 1. Authorizing Purchase of Twenty Air Tanks Approved in the 1993 Fire Department Budget * m. Authorizing Purchase of Four Scott Air Pacs with Two Spare Masks Approved in the 1993 Fire Department Budget * n. Accepting Quote and Authorizin g the Purchase of 1,600 Feet of Fire Hose * 11. Licenses 12. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Number • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION IN SUPPORT OF HENNEPIN COUNTY'S PROPOSED IMPROVEMENTS TO BROOKLYN BOULEVARD, 64TH AVENUE NORTH TO 71ST AVENUE NORTH DEPT. APPROVAL: Sy Knapp' irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No ) • Hennepin County is in the process of developing an ISTEA /STP grant application for funding for its proposed Brooklyn Boulevard improvement project. One of the requirements of this application is the inclusion of resolutions from affected jurisdictions declaring support for the proposed project. The attached resolution details past Council actions regarding its desire for these improvements, and steps that have been taken to this planning along. This active planning indicates a very high level of support from the City, which will be looked upon favorably by the Screening Board when Hennepin County's application is considered. RECOMMENDED CITY COUNCIL ACTION A resolution is attached for Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF HENNEPIN COUNTY'S PROPOSED IMPROVEMENTS TO BROOKLYN BOULEVARD, 64TH AVENUE NORTH TO 71ST AVENUE NORTH WHEREAS, the City Council of the City of Brooklyn Center has for many years recognized the need to upgrade Brooklyn Boulevard for safety, capacity, traffic flow, and other reasons; and WHEREAS, the City Council has on a number of occasions affirmed its support for said improvements, including resolution 89 -20 requesting the Hennepin County Department of Transportation to develop plans for safety and capacity improvements to Brooklyn Boulevard, and resolution 90 -164, requesting the Minnesota Department of Transportation to include in its development study for improvements to I -94 between Brooklyn Boulevard and I -494 design alternatives to help resolve traffic congestion and high accident rates on Brooklyn Boulevard resulting in part from traffic entering and exiting I -94; and WHEREAS, the City Council has actively participated in the planning of such improvements by approving: A Comprehensive Plan Transportation Goal stating "Upgrade, the arterial road system as necessary so as to accommodate increased traffic demands without adversely affecting the local road system while at the same time minimizing the effect on land uses adjacent to the improved roadways "; A Brooklyn Boulevard Planning Study to determine the types of improvements which might be feasible; A joint transportation study with the City of Brooklyn Park, which focused in large part on the transportation function of Brooklyn Boulevard; Phase Two of a Brooklyn Boulevard Planning Study to develop specific redevelopment opportunities and planning requirements; A study by a transportation consultant, developed in concert with Hennepin County Department of Transportation, to develop preliminary Brooklyn Boulevard Payout plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City Council supports Hennepin County in its ISTEA /STP application for funding for an improvement project on Brooklyn Boulevard which would accomplish the following objectives: Resolution No. 1. Implementation of safety enhancements which include the reduction of merging and turning vehicle conflicts, the development of pedestrian /intermodal facilities, and the overall improvement of air quality due to reduction of traffic congestion. 2. Development of roadway design elements which improve traffic flow and capacity through the incorporation of additional through and turning lanes, optimization and interconnection of existing traffic signal systems, and the recognition and accommodation of existing and planned high occupancy vehicle (HOV) and Park and Ride facilities. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Mating Date rune 28, 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - JUNE 14, 1993 - REGULAR SESSION DEPT. APPR VAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONUVIENDATION: 04 oc'alsc) No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached _) RECOMMENDED CITY COUNCIL ACTION MINUTES U ES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 14, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson Councilmembers Celia Scott Dave Rosene Barb Kalli h r and Y e g Kristen Mann. Also present were City Manager Gerald Splinter, Finance Director Charlie Hansen, Police Chief Trevor Hampton, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. OPENING CEREMONIES Rev. Al Johnson offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening. g Edith Svitak, 5616 Dupont Avenue N., asked when the storm sewer system would be installed on 57th Avenue. She stated she has brought this issue before the Council in the past but nothing has been done. She added there are low areas at intersections along Dupont Avenue which she feels the storm sewer would eliminate. The City Manager responded the City is working with Hennepin County to complete this storm sewer project in 1994. Ms. Svitak asked why the seal coating project ended at 57th Avenue and did not continue to 53rd Avenue. The City Manager responded the City currently has a five to seven year sealcoating program. He stated he would check the schedule and inform Ms. Svitak when 57th Avenue would be seal coated. Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. 6/14/93 - 1 COUNCIL REPORTS Mayor Paulson reported the opening of Evergreens, a senior assisted housing project, went very well. He added this is a fine facility and a strong addition to Brooklyn Center. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Rosene added item 9c, Proclamation Declaring June 27 as Hall of Fame Day. Councilmember Mann removed item 12, Licenses. APPROVAL OF MINUTES JUNE 7. 1993 - SPECIAL SESSION There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve the minutes of June 7, 1993, special session as printed. The motion passed unanimously. PROCLAMATION Member Kristen Mann introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING JUNE 27 AS HALL OF FAME DAY The motion for the adoption of the foregoing proclamation was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -81 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF PEN -BASED COMPUTERS AND SOFTWARE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and the motion passed unanimously. RESOLUTION NO. 93 -82 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY ALLOWING THE POLICE DEPARTMENT ACCESS TO COMPUTERIZED COUNTY DATA FILES The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and the motion passed unanimously. 6/14/93 -2- RESOLUTION NO. 93 -83 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR OPTICAL DISK MANAGEMENT FEASIBILITY STUDY The motion for the adoption the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -84 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REJECTING ALL BIDS RECEIVED FOR REPLACEMENT OF WATER MAINS ON LAWRENCE ROAD AND ON ALDRICH COURT, IMPROVEMENT PROJECT NO 1993 -07, CONTRACT 1993 -C The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -85 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO DST 6/14/93) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. APPROVAL OF MINUTES - tCONTINUED) MAY 24, 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of May 24, 1993, regular session as printed. Vote on the motion: four ayes, one abstain. Councilmember Kalligher abstained. The motion passed. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 19 of the City Ordinances Regarding Unlawful Activity of Minors under the Age of 16 Years and Unlawful Activity of Minors under the Age of 18 Years and of the Age of 16 Years and Over. This ordinance was first read on May 24, 1993, was published in the City's official newspaper on June 2, 1993, and is offered tonight for a public hearing and second reading. He added notices of the ordinance were sent to school children prior to the start of summer vacation. Councilmember Rosene attested the notices were distributed and stated he was surprised to receive no questions or comments from the children or their parents. 6/14/93 -3- Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances Regarding Unlawful Activity of Minors under the Age of 16 Years and Unlawful Activity of Minors under the Age of 18 Years and of the Age of 16 Years and Over at 7:10 p.m. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion b Councilmember Kalli her and seconded b Councilmember Rosene Y g Y to close the public hearing at 7:10 p.m. The motion passed unanimously. ORDINANCE NO. 93 -06 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING UNLAWFUL ACTIVITY OF MINORS UNDER THE AGE OF 16 YEARS AND UNLAWFUL ACTIVITY OF MINORS UNDER THE AGE OF 18 YEARS AND OF THE AGE OF 16 YEARS AND OVER The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. and the motion passed unanimously. PRESENTATIONS ANNUAL FINANCIAL REPORT The Finance Director introduced Cliff Hoffman and Barbara Dickman of Deloitte & Touche. Mr. Hoffman and Ms. Dickman provided a brief presentation of the annual financial report b reviewing the operating fund status general fund revenues and expenditures, and Y g p g ,g p per P household /staff ratio. Mr. Hoffman commented the City is using a full cost basis of accounting which does not pass debt on to future years. He added the volunteer Fire Department results in a significant cost savings to the City, over one million dollars annually. He further added the cost of City government to Brooklyn Center residents is less than their cost for cable TV. Mr. Hoffman pointed out more than 90% of the City's revenues are received after June 1, resulting in the need for a significant fund balance to cover costs prior to that time. He then reviewed changes in State funding for cities and Enterprise Fund statistics which indicate it is performing better than two years go. In conclusion, Mr. Hoffman stated Brooklyn Center has an A -1 bond rating from Moody's. Ms. Dickman reviewed the Management Letter stating their firm gives the City a clean opinion. She stated Brooklyn Center was again awarded the Achievement for Excellence in Reporting which less than 2% of government receives on an annual basis. 6/14/93 - 4 - Ms. Dickman reviewed two recommendations from the management letter. She explained this year the City has $23 million of its investment classified in Credit Risk Category 3 but in prior years all investments were in category 1. She explained this occurred due to the issuance of the Implementation Guide to GASB Statement 3 and determining the custodian did not adequately protect the City in the event of their bankruptcy. Because of this, Deloitte & Touche recommends the City review its investment procedure and determine whether the benefits derived from its current procedures outweigh the additional costs associated with improving the City's overall custodial credit risk. Secondly, Ms. Dickman explained the State looks at the general fund balance when determining the City's stability and need for funding. She further explained as of December 31, 1992, the general fund had a positive balance of $5 million. To avoid possible future funding decreases from the State, she recommended the City consider establishing internal service funds for equipment management, data processing, or other central services. She explained these transfers would help decrease the overall general fund balance and more accurately reflect the nature of the programs. Ms. Dickman extended their appreciation to the finance department and City staff for their assistance. Mayor Paulson stated the Council will be considering the use of a program budget for 1994. Mr. Hoffman suggested the program budget also allow the City to establish internal service funds rather than using the general fund. The Finance Director reported staff will be talking with the custodial bank to assure adequate insurance coverage from all risks, including bankruptcy. He added staff will also look at a trust department custodial arrangement and costs involved for this type of service. He stated a determination on this issue would be made this summer and then submitted for Council's consideration. The Finance Director indicated staff is actively looking at creating an internal service fund for vehicle maintenance and will be reviewing other options and benefits. Mayor Paulson and the Council thanked Mr. Hoffman and Ms. Dickman for their report. PUBLIC SAFETY DISPATCHING The City Manager introduced a Resolution Requesting Hennepin County Sheriff's Department to Provide Dispatching Services for Brooklyn Center Police and Fire Departments and Authorizing City Manager to Negotiate an Agreement. The City Manager explained staff, as instructed by Council, has evaluated options for public safety dispatching services including transferring these services to Hennepin County. He further explained since a five -city joint system was not economically viable, and Robbinsdale, Crystal, and New Hope have chosen the County option, Brooklyn Center has no other option at this point but to consider using the County or staying with their own dispatching system. 6/14/93 - 5 - The City Manager then provided a brief presentation in which he reviewed the history of the dispatching services, criteria used for judging the emergency communication system, projected cost analysis, and annual savings available through transferring public safety dispatching services to Hennepin County. He indicated there are final details that still need to be resolved but Hennepin County cannot finalize their service plan for any grouping of communities until they know the number interested and the availability of frequencies. He recommended the Council authorize him to negotiate an agreement with Hennepin County which can then be presented for Council consideration. Councilmember Rosene asked if staff investigated whether Brooklyn Center has adequate space and equipment to contract with other communities and provide their dispatching. The City Manager responded other communities were not interested in this arrangement. He added Brooklyn Center would not have realized a significant savings with this option because additional personnel would be needed. Mayor Paulson explained the Council has taken a detailed look at this matter and reviewed many options. Councilmember Scott asked if the City would still have a channel open for radio communication between squad cars if the County option were approved. The City Manager explained there are still four unresolved issues that could become "deal killers ". He stated they are: 1. ability to "talk around" for the police department, 2. the ability to "talk around" for the fire department, 3. the need for an indication from the Hennepin County Board that they will continue to provide these facilities, and 4. the method used for dispatching medical calls 24 hours a day. He further explained these four issues were brought forward by staff and the police and fire departments. He anticipated transferring these services, if approved, would take until the middle of 1994. Councilmember Scott expressed concern whether the County would continue providing dispatching services. She stated she understands the City cannot afford to update their equipment to new capabilities, but she was reluctant to favor a transfer to the County unless all issues are resolved and in "black and white ". She added the City's public safety employees put their lives on the line with every call and having communication capabilities between squad cars was critical. Councilmember Kalligher agreed and suggested employees of the fire, police, and public safety departments meet and discuss these issues so all are properly informed of the facts and questions are answered. Councilmember Mann stated she has heard from a large number of residents who do not want duplication of City services if they are available elsewhere. She added when joining services she needs to know if it will be good for the community as a whole, cost effective, and if it will work, but she is unable to answer these questions until she gets more information from the County. She explained once she sees it in "black and white" she will be able to make a determination. 6/14/93 - 6 - L - RESOLUTION NO. 93 86 Member Kristen Mann introduced the following resolution and moved its adoption: o es a t a o t g p RESOLUTION REQUESTING HENNEPIN COUNTY SHERIFF'S DEPARTMENT TO PROVIDE DISPATCHING SERVICES FOR BROOKLYN CENTER POLICE AND FIRE DEPARTMENTS AND AUTHORIZING CITY MANAGER TO NEGOTIATE AN AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher. Mayor Paulson asked if the City would be able to get more than an indication or policy statement from the County that they will continue the services, and if it could be included as part of the contract. The City Manager stated staff can check on this but it may be a problem for one elected group of officials to make a commitment for a future group of elected officials. The City Attorney agreed and indicated this provision would need to be part of the contract to be legally enforceable. Councilmember Rosene indicated support of the motion to authorize the City Manager to negotiate an agreement and resolve the pending issues because he also wants to see it in "black and white ". He agreed with the "deal killers" as outlined by the City Manager and then d ' need to resolve these issues to everyone's satisfaction. He suggested all employees ry gg p oyees review the agreement prior to Council consideration and indicated he could not support it unless all aspects are satisfactory. The City Manager indicated the source of the four "deal killers" was fire, police, and public safety employees. He also indicated it will still be a 24 hour a day operation because the City needs to supervise and monitor the jail. Edith Svitak questioned the rationale of the other cities who do not want to transfer their public safety dispatching services to Hennepin County. The City Manager explained Golden Valley did not want to join with the County and decided to go with St. Louis Park. Councilmember Rosene asked if the City's equipment needs will fit into the space being planned for. The City Manager answered staff will make this determination in the next phase. He added the County may utilize some of the City's system because it is compatible with their existing equipment. g Councilmember Rosene asked if staff factored this into the cost savings as well as the potential cost savings and salaries the City would generate by hiring extra employees to cover hours not handled by the County dispatch. The City Manager answered this has been considered. 614 - / /9 3 - 7 f Councilmember Rosene asked if there are certain areas in Brooklyn Center that the County's Geo File does not include. The City Manager explained other communities are also concerned i about this issue, and he would check with the County. He added the City would have to input the Geo base for the County. Councilmember Rosene questioned the medical call procedure. The City Manager explained this procedure will be programmed in and will be the City's choice. Councilmember Rosene asked if police officers will be required to use their MDT in emergency situations, or if they could use radios to call for assistance. The City Manager answered police officers can use the radiowaves for any safety issue circumstance. Councilmember Rosene expressed concern regarding employees which the City would lay off as a result of joining with Hennepin County. The City Manager explained the Count will be P tY Y g P Y taking ' g app ications immediately and may give Brooklyn Center employees preference since they would be experienced with a similar system. The motion passed unanimously. DISCUSSION ITEMS PROPOSED ORDINANCE AMENDMENT TO CHAPTER 19 ALLOWING TOW TRUCKS TO BE PARKED IN RESIDENTIAL AREAS The City Manager explained this matter was tabled at a previous meeting so Bob Wilson, attorney for Cardinal Towing, could be present. Mr. Wilson stated some time ago the City adopted an ordinance preventing large commercial vehicles from parking in residential areas. He further stated the Cardinal's hired him after negotiations with the Cit failed. He explained the brought a lawsuit 'n h o against the City Y P Y g g Y and a restraining rder was issued to prevent department from g p e t the police depart e t itations for parking g P g their tow truck on residential property. Mr. Wilson explained the case is currently under review by the judge and should be addressed shortly. He reviewed the history of this case and past Council minutes of their discussion regarding whether the ordinance should be adopted. He stated the Council's main reasons for adopting the ordinance was visual blight to residential neighborhoods, semitrucks left running all night, garbage trucks parked on residential property, and repair work being conducted on the vehicles when parked on residential property. Mr. Wilson informed the Council his client is often times called by the State Highway Patrol to clear a car from an accident scene. He further reported members of the Highway Patrol have written a letter indicating they call Mr. Cardinal because his response time is so short, but if Mr. Cardinal is required to park the tow truck at a different site it will add one -half hour to the response time. He further stated a safety issue would result for both the Highway Patrol and passing motorists if the response time is longer than it is currently. 6/14/93 - 8 - Mr. Wilson presented the Council with a drafted amendment to the ordinance which would allow tow trucks to park in a garage on residentially zoned property if the garage doors are closed, on -site maintenance of the truck is prohibited, and the truck cannot be left running all night. He said these conditions address all concerns expressed in previous Council minutes and would also satisfy all objections brought forward by the public. He added adoption of the amendment would also protect the safety of the Highway Patrol and other motorists. Councilmember Kalligher asked if the Cardinal's were willing to abide by these restrictions and park their vehicle inside with the doors down. Mr. Wilson stated they were and residents would not know there was a tow truck on the property. Councilmember Mann objected to this matter being brought before the Council since it is currently under litigation. She pointed out Brooklyn Center has many residents who work for towing companies but do not have the luxury of an oversize garage. She also expressed concern for neighborhood children and suggested the Council consider a rezoning request which would comply with the Comprehensive Plan and create a tax base from this towing business. She added a rezoning would also encourage redevelopment in this area. Mr. Wilson clarified Cardinal's garage has been in existence since the house was built and is not oversized. With regard to safety of the children in the neighborhood, he explained they will not be harmed in any way what so ever since there will be no more traffic to or from this property than there currently is. He added the tow truck is no more dangerous or noisy than other vehicles. Councilmember Mann stated the proposed amendment was selective and would discriminate against other types of commercial vehicles used by plumbers, electricians, etc. which are needed by residents for emergency repairs. Councilmember Rosene expressed the reluctance he stated when he seconded the original motion to deny Cardinal's request in 1991. He stated abiding by the proposed amendment restrictions would result in neighbors not even knowing the tow truck was there. He also commented the tow truck was safe enough to drive into the property without endangering neighborhood children. He pointed out Cardinal's neighbor wrote a letter of support. Councilmember Rosene stated he stated it was proper to bring this matter up for discussion. He further stated he understands the concern about "opening the door" to other requests, but he would not have a problem if they would abide by the proposed conditions. He added if a noise problem occurs it can be addressed with the noise ordinance. Councilmember Scott stated the ordinance was adopted for more reasons than visual pollution and she could not support an amendment that would satisfy just one resident's desires. She further stated there are a lot of tow truck companies in Brooklyn Center that deliver 24 hour service and Mr. Cardinal has that option too. She stated it was Cardinal's personal preference to park the truck at his house and she objected to "doctoring up" ordinances to serve one person since it would establish an adverse precedence. 6/14/93 -9- Councilmember Rosene asked what other types of emergency vehicles could apply beyond tow trucks. Councilmember Scott responded by reviewing different types of commercial trucks and emergency vehicles which could apply and pointed out the City has operated under this ordinance since 1989 and other tow truck drivers have lived with it. Councilmember Rosene stated he saw a distinction with tow trucks. Mayor Paulson agreed with Councilmember Scott the City cannot change the ordinance to fit one person's request, but- the Council needs to look at how it will benefit others in the community. He stated the Council knew there were "bugs" in the ordinance that would need to be worked when it was originally adopted. He said the key issue is the definition of "emergency vehicle" and whether it dealt with a life and death situation and /or significant safety issues as well. He stated he did not feel a plumber, etc. fell into the "emergency" classification since repairs of that type are not life threatening nor a public safety issue. Mayor Paulson stated he stated an amendment could be drawn narrow enough to just apply to tow trucks and future requests could be considered at that time. Since the vehicle would be parked inside an existing garage and the neighbor has no objection, he supported directing staff to prepare an amendment for Council's review. He added if a problem occurs the Council can relook at the situation or reverse their decision. The City Manager clarified when the Council adopted the ordinance, it was not directed at tow truck businesses but to try and keep residential areas residential by limiting business activities. He reviewed additional commercial vehicles that were discussed at the time. He stated staff is of the opinion the proposed amendment would move away from the original intent because it would bring commercial activity into residential areas. Councilmember Kalligher stated she feels there are worse eye -sores in Brooklyn Center such as motor homes parked in front of houses. She supported having the City Attorney draft an amendment which the Council could further discuss. She indicated if the vehicle fits into an existing garage she considers it to be the vehicle the resident drives to and from work and does not see a problem. Councilmember Mann stated since tow trucks are coming and going at all hours of the night, the proposed amendment would impact the character of residential neighborhoods. She suggested residents be notified and asked if they want the ordinance changed. Councilmember Kalligher stated she has no objection with citizen input and if a majority are against it she would not support it either. The City Attorney advised the Council it is within their discretion to make an ordinance amendment like this but they may need to refine the submitted draft. He did not see how the Council could justify allowing parking only in an existing garage. He added residents have the lawful right to build garages according to Code and he did not feel a distinction such as being proposed could be made. He informed the Council one of the points made to the judge is larger vehicles tend to be noisier due to the additional equipment they have. He added parking commercial vehicles in residential garages tends to displace other vehicles which must then be parked in the driveway or other parts of the property. 6/14/93 - 10- There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to direct staff to prepare an ordinance paragraph amendment to allow tow trucks to park in residential areas. Mr. Wilson asked if the judge should be asked to delay her decision since a settlement may be reached. Following a brief discussion, it was determined this would not be done because the City would like to know if its ordinance is unconstitutional. Councilmember Mann stated it was brought forward at the recent town meeting that there is a need for redevelopment along Brooklyn Boulevard. She stated this could be initiated with a rezoning to commercial. She further stated she could not support the motion. Ron Christensen, 6101 June Avenue North, asked the Council if it was their practice to move on discussion items. He suggested this item be tabled until the next agenda when it can be classified as an action item. Mayor Paulson clarified the motion would direct staff to prepare a draft for the Council's consideration at the next meeting. Phil Cohen, 5501 Humbolt Avenue North, explained the previous Council adopted this ordinance because of the proliferation of commercial vehicles in residential neighborhoods. He further explained at that time the Council considered various pleas for exception but they were told making an exception for one makes it for all. He said the proposed amendment would address special consideration for one person. He reported a recent survey of residents indicated a resounding percentage want commercial vehicles banned from residential neighborhoods. He pointed out other tow truck operators do not bring their trucks home and pay commercial taxes for their business. He further pointed out allowing one exception will weaken the ordinance. Councilmember Mann stated there are many fine towing services in Brooklyn Center and she stated it would be fair to consider using an RFP process in the future. Mayor Paulson asked staff to include this as a discussion item on a future agenda. Councilmember Scott called for the motion. Vote on the motion: Three ayes, two nays. Councilmembers Scott and Mann voted nay. The motion passed. Councilmember Kalligher was excused from the meeting at 9:05 p.m. RECESS The Brooklyn Center City Council recessed at 9:05 p.m. and reconvened at 9:20 p.m. PROPOSED COUNCIL WORK SESSION ON JUNE 21 1993 The City Manager suggested the Council consider establishing a work session on June 21, 1993, to consider EDA related items. Councilmember Rosene reported Councilmember Kalligher had suggested discussion regarding the tow truck would be better suited for a work session. 6/14/93 There was a motion by Councilmember Rosene and seconded by Councilmember Scott to schedule a work session on June 21, 1993, at 7 p.m. and approve the agenda as presented. The motion passed unanimously. COUNCIL RETREAT - CONTRACT SERVICES (REQUESTED BY MAYOR PAULSONI Mayor Paulson suggested the Council schedule a retreat to create a mission statement, review priorities, conduct a visioning exercise, and discuss policy formation. He presented two options; to hire Alan Watts of PRISM, Inc. to act as a moderator, or to self - facilitate the retreat. He asked the Council to consider these options as well as whether the retreat should be held at Riverplace, the Inn on the Farm, or City Hall. Councilmember Scott indicated support of scheduling a retreat but due to budget constraints did not feel a facilitator could be justified. Councilmember Rosene agreed and added the proposed agenda is well focused. He stated the leadership of the Mayor and City Manager would be adequate. Councilmember Mann concurred a moderator was not needed. She added her concern the Council's use of the Inn would result in a loss of revenue. She suggested the Council consider using the Council Chambers or a conference room at City Hall. The City Manager suggested the Council consider using the C Barn which would probably not be reserved. Due to the length of the retreat, Councilmember Rosene stated he prefers a more informal comfortable setting than the Council Chambers provides. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to direct staff to determine the types of rooms available at the Heritage Center and City Hall, resulting potential for loss of revenue, and potential dates for a Council Retreat. The motion passed unanimously. It was noted Council will set the Retreat date at their June 28, 1993, meeting. RESOLUTIONS - (CONTINUED) The City Manager introduced a Resolution Establishing Project and Approving PIans and Specifications for Improvement Project No. 1993 -16, Sanitary Sewer Repairs; and Directing Advertisement for Bids for Sanitary Sewer Improvement Project No. 1993 -16, and for Water Main Improvement Project No 1993 -07, Contract 1993 -C. He added the proposed sanitary sewer work involves repairs that require immediate attention. Councilmember Scott concurred and added the property owners in this area are concerned about potential damage if the sewer were to collapse and back up into their homes. 6/14/93 -12- RESOLUTION NO. 93 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1993 -16, SANITARY SEWER REPAIRS; AND DIRECTING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER IMPROVEMENT PROJECT NO. 1993 -16, AND FOR WATER MAIN IMPROVEMENT PROJECT NO 1993 -07, CONTRACT 1993 -C The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSES Councilmember Mann stated she would morally abstain from voting on approval of the licenses due to her concern regarding one of the rental properties. The City Manager explained staff currently does not have sufficient evidence to recommend against approval. Following a brief discussion, the City Attorney advised the Council they could remove the property in question from approval to allow time for further research and staff recommendation. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - VENDOR C.D.I. Co. 1317 North Highway 169 Carousel International Corporation P.O. Box 307 GARBAGE AND REFUSE COLLECTION VEHICLES Block Sanitation 8924 Ashley Terrace RENTAL DWELLINGS Renewal Irvin and Ruth Schloff 4819 Azelia Avenue N. Lyndon and Carole Carlson 5819 Halifax Avenue N. Sherry Ward 6915 Indiana Avenue N. Amos Levang 4100 Lakebreeze Avenue N. Richard M. Schurman 4202 Lakebreeze Avenue N. James and Bobbie Simons 4210 Lakebreeze Avenue N. Michael and Jane Danielson 4216 Lakebreeze Avenue N. Northwest Bank, Trust Division 7002 Quail Circle West 6/14/93 -13 - RENTAL DWELLINGS (CONTINUED) Renewal Jim Stalberger /Jay Beyer- Kropuenske 3129 49th Avenue N. Jim Stalberger /Jay Beyer - Kropuenske 3135 49th Avenue N. Kathryn D. Hess (Stevens) 1329 68th Lane N. Myrna L. Hubert 5300 70th Circle N. SIGN HANGER ANG R Kaufman Sign Co. 103 1st Avenue NE Stillwater Sign Co. 804 West Laurel Street Vote on the motion: three ayes, one abstain. Councilmember Mann abstained. The motion passed. RECESS There was a motion by Councilmember Rosene and seconded by Councilmember Scott to recess the meeting. The motion passed unanimously. The Brooklyn Center City Council recessed at 9:42 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 6/14/93 - 14 - CITY OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Numbe • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING PROPOSED STORM WATER POND, PARK AND RIDE FACILITY AND PARK DEVELOPMENT IN THE SOUTHWESTERLY QUADRANT OF THE I- 694 /BROOKLYN BOULEVARD INTERCHANGE (8:00 P.M.) DEPT. APPROVAL:. Sy Knap , Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes t On May 24, 1993, the City Council adopted a resolution calling for a public hearing regarding the City's proposed storm water pond, MTC's proposed park and ride facility and possible additional park land - all in the southwesterly quadrant of the I- 694 /Brooklyn Boulevard interchange. Notice of the public hearing was published in the Brooklyn Center Post on June 9, 1993. Individual notices (copies attached) were mailed out to all property owners and residents whose property lies within 300 feet of any portion of the proposed facilities. Property owners and tenants who own or lease properties which might be acquired if the proposed improvements proceed also received an additional letter and informational booklet (copy attached) containing information regarding the property acquisition and relocation process. At the time of the public hearing, City staff, MTC staff, and a representative from SRF (consultants for this project) will give presentations covering the history, needs, cost estimates, etc. of the proposed improvements, and will be available to answer questions during and following the public hearing. RECOMMENDED CITY COUNCIL ACTION • request staff to make presentation • discussion by City Council • open, conduct and close public hearing ■ follow -up discussion ■ adopt motion selecting alternative plans 1, 2 or 3 (or some adaptation thereof) ■ a resolution ordering the Storm Water Pond improvement project is provided for consideration by the City Council ■ a resolution providing for the acquisition of the 4.2 acre vacant parcel of property (for use as a storm water pond) is provided for consideration by the City Council ■ a resolution authorizing staff to negotiate an agreement with the MTC for the acquisition of properties and for the construction of a park and ride facility is also provided for consideration by the City Council. r CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 TO: Property Owners and Residents Receiving This Notice FROM: G. G. Splinter, City Manager DATE: June 4, 1993 SUBJ: Official Notice of Public Hearing Proposed Improvements Which May Affect your Property Several months ago you received a notice advising you of a series of four public informational meetings to discuss the issue of storm drainage improvements in your neighborhood, especially including possible development of a storm water pond in the southeast quadrant of the I694 /Brooklyn Boulevard interchange. That notice also advised you that the Metropolitan Transit Commission (MTC) was considering the possible development of a park and ride facility in your neighborhood; that the City had entered into a joint agreement with the MTC to evaluate the potential for joint development of a storm water pond and park and ride facility in this area; and that this matter would also be discussed at those meetings. At those meetings City staff, MTC staff, and the City's consultant for these improvements developed, presented and discussed three alternative plans for joint development of a storm water pond and park and ride facility. Enclosed you will find a sketch which shows existing conditions, and sketches of each of the three alternative plans for development: Alternative 1 shows potential development of a storm water pond and a park and ride facility, requiring the acquisition of nine (9) residential properties and one undeveloped parcel. Alternative 2 shows the same size pond, with a somewhat larger park and ride facility, requiring the acquisition of ten (10) residential properties and the one undeveloped parcel. Alternative 3 shows a larger pond, the larger park and ride facility and some additional park /open space property. This alternative would require the acquisition of fourteen (14) residential properties and the one undeveloped parcel. 19B6AllAA1FALAIXfY s (over) At its regular meeting on May 24, 1993, the City Council veceived and reviewed an update of information relating to these proposed improvements, including public input received at the public informational meetings. Based on this information, the City Council set a date for a public hearing to consider these proposed improvements. That public hearing will be held at 8:00 p.m. on Monday, June 28, 1993 in the Council Chambers of the Brooklyn Center City Hall, 6301 Shingle Creek Parkway You are invited and encouraged to attend this public hearing to present your comments, questions and discussion. All persons who desire to be heard with reference to the proposed improvements will be heard at this hearing. Following that hearing the City Council and MTC will decide which, if any, improvements to make and which alternative plan (or variation thereof) to select. If that decision is made by mid - summer, it is probable that property acquisition would be initiated within 2 to 3 months, that acquisitions could be completed by spring of 1994, and that construction of the proposed facilities could occur in 1994. Note For those property owners whose property would be considered for public acquisition if the proposed improvements are ordered to be constructed, a separate memo and booklets are enclosed, to inform you of the process and procedures used when private properties are acquired for a public purpose. If you have any questions regarding this letter, please contact Sy Knapp, our Director of Public Works at 569 -3340. Sincerely, #G.G.41inter City Manager Enclosures e:eng \corresp \sy \pond.nph � � I fH AVE. D p I /o o\ o r 0 X \ := o L o � r n ;m 6gjN pvF-• I ; Storm Water Pond / Park and Ride Facility r SXF I n Brooklyn Center, Minnesota EXISTING SITE PLAN 7 11 AVE. 1 � i w ❑_ it - \ 1 ti � 1 1 , 1 1 ` EI o a , 1 yti,. 1 Storm Water Pond / Park and Ride Facility Brooklyn Center, Minnesota l ALTERNATE #1 Ttl AVE. -- - _ ,• '\ \ ----- - - - - -- ` I E Lj ❑ t i -- 1 CJ ` \ pu I /� Storm Water Pond / Park and Ride Facility SRF — Brooklyn Center, Minnesota �s �� ALTERNATE #2 � I 11 AVE. - L� % •� O G r I I _ Storm Water Pond / Park and Ride Facility Brooklyn Center, Minnesota ALTERNATE #3 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 13 C ENTER FAX: 569 -3494 EMERGENCY - POLICE -FIRE 911 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Brooklyn Center will meet at 8:00 p.m. on Monday, June 28, 1993 in the Council Chambers at City Hall, 6301 Shingle Creek Parkway to hear and pass upon the following: IMPROVEMENT PROJECT NO. 1992 -29 PUBLIC IMPROVEMENTS IN THE SOUTHWEST QUADRANT OF THE I694 /BROOKLYN BOULEVARD INTERCHANGE Possible components of the proposed project are: construction of a storm water treatment pond; construction of a Park and Ride facility on the west side of Brooklyn Boulevard, north of 65th Avenue North; and construction of park/open space facilities. PROPOSED PROJECT AREA 1694 �> 6fiTN, r H Z Q 0 T < � m i 2 L 4 N � ci u Auxiliary aids for persons with disabilities are available on request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. (Published by the authority of the City Council of the City of Brooklyn Center on the 24th day of May, 1993. Published in the Brooklyn Center Sun -Post on June 9, 1993.) 19B6ALLAME3iCA G?Y 2 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 DATE: June 4, 1993: TO: (name) (address) (address) SUBJ: Property at (address) (legal description) (PID) Information Regarding Property Acquisition and Relocation Assistance Polices Dear As described in the separate (enclosed) notice of public hearing, the City of Brooklyn Center, in cooperation with the Metropolitan Transit Commission'(MTC), is considering improvements consisting of a storm water pond, park and ride facilities and /or park/open space. These improvements may necessitate the acquisition of your property. Following this public hearing on May 28, the City Council and MTC will decide whether or not to proceed with any or all of the proposed improvements. The purpose of this letter is to advise you, as owner, owner /occupant, or tenant, of the policies and procedures which will be followed if a decision is made to acquire your property for the purpose of developing the proposed public improvements. There are established procedures which we intend to follow, and protection in the law for you as a property owner or tenant, which are set forth by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and Minnesota Statutes. The enclosed booklet discusses those procedures and your rights. (This booklet was prepared by MNDOT and refers to MNDOT projects, but the information pertains to any public improvement project. If you have questions, please do not call MNDOT as it says in the booklet; call the City of Brooklyn Center). In general, you would be entitled to both compensation for the fair market value of your property and relocation benefits. The City would hire a "Land Services" agent, who would be your primary contact person regarding the purchasing of your property. This agent would arrange for independent appraisals of your property, would prepare purchase agreements, and would negotiate the purchase of your property, within the policies established by the City Council and the requirements of the law. c � (over) 19MALLAWXACftt s I. Compensation for Fair Market Value of Property • You are entitled to fair market value for your p' operty. Market value is established by an independent appraiser. This appraiser's value is reviewed by a second independent appraiser. If you desire, you as a property owner may also hire your own appraiser, at the City's cost (not to exceed $500). • The City attorney would handle all legal issues, and would conduct the closing on the property. In the event the City is unable to purchase your property by voluntary negotiated sale, it may elect to acquire the property by condemnation. However, whether your property is acquired by voluntary sale or condemnation, the law is designed to assure that you receive fair market value for your property. II. Relocation Benefits Whether your property is acquired by voluntary sale or condemnation, you will also be entitled to relocation benefits. The City would hire a "Relocation" agent, who would be your primary contact regarding relocation benefits to which you are entitled. This agent would calculate all monetary relocation benefits, assist you in finding a replacement property, and ensure that the replacement property meets the "Decent, Safe, and Sanitary" standards required by law. You are entitled to three primary types of monetary relocation benefits: comparable housing benefits (rental assistance for renters); increased mortgage cost assistance; and moving, reestablishment and incidental expenses. • A Comparable Housing benefit is a lump -sum payment which is the difference between the cost of your property and a comparable property elsewhere. If, for example, your property was appraised at $75,000 and the Relocation agent finds that a comparable property in a similar neighborhood elsewhere would cost you $80,000, you could receive an additional $5,000. A similar benefit is available for renters. • You are eligible for increased mortgage cost assistance if a new mortgage would cost you more than your existing mortgage. If, for example, your current mortgage is at 6 %, and your new mortgage is at 8 %, you would receive a payment to compensate you for that difference. • You are eligible for payment of our moving expenses. You may choose either Y g P Y payment of your actual expenses for example, for hiring a moving company), or P ( P� g g P Y), you Y may take a lump sum amount based on the number of rooms. You are also eligible for compensation for reestablishment expenses, for example, charges for reconnecting your utility services. Full compliance with these procedures will normally take a minimum of several months. The purpose of this process is to assure that you are treated fairly. Should you have any questions regarding this matter, please contact S Knapp, our Director of Public Works at 69 -3340. Y PPS 5 R s inter CITY MANAGER Enclosures 1• i J I i I t� i I !, t I P f �NNE8pr YTOP Sill Minnesota Department of Transportation Office of Right of Way �► 395 John Ireland Blvd. St. Paul, MN 55155 ' Printed on Recycled Paper for- Pro p erty, own em MESSAGE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION (Mn /DOT) ,O1 NNESO T4 �O 1 0 a F- 3 � Q O �T OF TVO�- A primary responsibility of the Minne- sota Department of Transportation is the administration, planning, construction, maintenance, and safety control of the State's highway system and airports. Im- provements designed to reduce traffic congestion and accidents are made possi- ble by the State's expanded trunk highway and Federal Interstate programs. As a re- sult, the Department is involved in the purchasing of land and property rights owned by individual citizens. The primary purpose of this booklet is to provide information to those individu- als whose land and /or interests must be acquired of their basic legal rights, and to outline the procedures that Mn/DOT fol- lows. GENERAL INFORMATION A field title agent will contact you to discuss and learn the nature and interest of s those persons involved with the property. It is unlikely at this time that the agent will have complete knowledge of the final De- partment proposal, as construction plans are still being developed. Sometime later, the Department will send a qualified appraiser(s) to estimate the market value of the Department's pro - How Mn/DOT Acquires Property posed acquisition. The appraiser will con - tact you at that time. You will be given Under Minnesota law, the State and cer- the opportunity to accompany him/her fain other Governmental Agencies may during the inspection of your property. acquire property by gift, direct purchase, The appraisal is normally based on studies or eminent domain proceedings. This right of recent similar sales of property in your may be used to acquire area. Y q private property for public purposes such as schools, parks, In some instances when the Department libraries, recreation facilities, airports, and determines there are minimal damages highways. there will not be a need for accompani- Prior to Land Acquisition ment or a complete appraisal. Additional contacts by authorized per Prior to the Department acquiring your sonnet are sometimes made to obtain other property, a survey crew will request per- s necessary information prior to the time mission to enter your land to obtain infor- i that offers for purchasing can begin. mation for the development of the ` proposed improvement or project. A public hearing or opportunity for pub - lic hearing will give you a chance to par - ticipate in the process of determining the location and design of the highway. The time and place of these hearings or oppor- tunities for hearings will be advertised in the local newspaper. 1 2 SECTION I If you accept the offer, you will sign an "Offer to Sell and Memorandum of Con - ditions" which gives the Agency permis- sion to buy your property. You will also sign the actual "Deed" which conveys the property to the Agency. In certain cases the Agency will not need to purchase the actual property but will need to purchase certain "Rights" from the property. These Acquisition of Land or Rights by Direct rights may include drainage easements, Purchase extinguishment of access, temporary ease- ments, etc. In this case you may only sign Direct purchase means that the property the actual instrument that grants those owner will be contacted by a repre- rights to the Agency. sentative of the Agency in an attempt to purchase the property for the estimate of market value. At the beginning of the pur- chase, a written statement will be fur- nished. This statement will include the amount being offered. In instances where The Agency will, at its own expense, only a part of the property is to be ac- furnish all instruments necessary to com- quired, the statement will separate the amount of money to be paid and the plete the sale or purchase of rights, make amount (if any) for damages to the remain- the necessary examination of title, . and der of the property. If the acquisition _ record the instruments of conveyance. All leaves you with an uneconomic remnant, ; instruments are subject to and are condi- the Agency will offer to purchase that tional upon written acceptance by the ac- remnant. quiring Agency. After the legal instruments have been recorded, payment will be processed. If there is a mortgage and all or a major portion of the property is being acquired, a separate check payable to the mortgage Every effort will be made to acquire holder will be drawn for the remaining your property through this Direct Pur- balance of the mortgage, plus interest to chase procedure. the date of payment. The check for your equity will be mailed directly to you. If only a part of your property is to be 3 4 acquired, the Agency will ask for a partial The owner has the right to appeal any release of the mortgage. In this instance and all decisions reached by the Agency the mortgage holder will also be named on regarding the above expenses or proce- the check. It is strongly recommended dure. This may be accomplished by writ - that you contact your mortgage holder to ing to the Agency Chief. For the determine distribution of the funds prior Minnesota Department of Transportation, to the signing of legal instruments. please write the Director of Right of Way and Surveys, Room 511, Transportation By agreement, you may retain and re- Building, 395 John Ireland Boulevard, St. move any or all improvements located on Paul, MN 55155. your property, but removal of such im- provements must be made at your own You may also be eligible for reimburse - expense. The salvage value of the im- ment of certain appraisal fees. If you or provements retained will be deducted your representative have employed the from the amount of the offer. services of a licensed appraiser, the In addition to receiving the "Fair Mar- Agency may reimburse you up to the statutory maximum of $500 for this cost. ket Value" for the land or rights taken, you Reimbursement of this cost will not be may be entitled to certain relocation bene- made until after your property has been fits. A relocation or purchasing agent will acquired. provide you with the necessary informa- tion. A relocation brochure is available If any of your property is being ac- which explains the program. quired, it will be necessary that all current The Agency may reimburse you for cer- and delinquent real estate taxes, as well as tain incidental expenses incurred in trans- all special assessments be paid in full. The ferring the title to the Agency and will Agency representative will advise you on assist you in filing a claim. For instance: the payment of taxes due. A. Service fee charged by the mortgage Unless some unusual circumstance ex- holder for release of mortgage ists, you will be able to occupy your prop- B. Prepayment penalty of mortgage " erty for a period of 90 days from the date of acceptance. This period will be in- C. Abstract costs creased to 120 days if the construction D. Probate court costs timetable permits such an extension. No charge to the owner will be made for oc- cupancy during this period. 5 6 If you have to move from your home, a SECTION II decent, safe, and sanitary replacement dwelling must be available to you, on a nondiscriminatory basis, prior to your dis- placement. Land Acquisition By Eminent Domain Eminent domain is a legal process for acquiring property that is needed for a You are not required to surrender pos- public purpose. Eminent domain or con - session of your property until: demnation, as it is also called, is used when agreement on the price of the needed 1, you have been paid the agreed pur- property cannot be reached or when title chase price, or to the property is unmarketable. This 2. you have been paid an award of process is started early enough so that the commissioners, or Agency can be assured that the property 3. an amount at least equal to the will be acquired and vacated in time to Agency's approved appraisal of the meet construction. contract requirements. value of your property is deposited with the court for your benefit, or Eminent domain proceedings are com- menced by the filing of a petition with the 4. the award resulting from a condem- Court Administrator. A date for the hear - nation proceeding is deposited with ing on the petition will be set. A notice of the court, this hearing will be served on you by certified mail. If you do not return the Notice and Acknowledgement of Service by Mail, you can expect to be personally served with notice of the hearing by a Deputy of the County Sheriff's Office. Service must be made in the same manner as any civil action to fulfill the require- ments of state law. 7 8 This notice of the hearing on the petition After the three court- appointed com- will inform you of the type of the acquisi- missioners have taken their oath of office, tion and of the date, place, and time that they will arrange for viewing and hearings the hearing on the petition will be held. with you and other affected property own - The notice will describe the property to be ers. You will be notified of the date and acquired and will contain a list of the time when a viewing or valuation hearing names of all parties who are shown to have will be held. an interest in the property. The hearing on the petition is usually held in the court house of the county in which the property is located. A lawyer will represent the acquiring Agency and It is the general policy of the Depart- will present the petition to condemn to the ment of Transportation to have present at court. Also present at the hearing on pe- the viewing and hearings a lawyer from tition will be a representative of the ac- the Office of the Attorney General and an quiring Agency who will be available to engineer. Their function is to assist the answer questions regarding engineering commissioners and land owners by an- details, design aspects of the project and swering technical questions of a legal or construction matters. The court will ap- engineering nature. point three. qualified and impartial resi- dents of the county in which the land is The chairman of the commission, who located to act as commissioners to view presides over the hearings, will most each piece of property, hold valuation likely invite you to express your opinion hearings, and determine the damages that as to the amount of damages you feel your the property will, in their opinion, sustain property has sustained, and to furnish such as a result of the taking. The commission - evidence as you may wish to present for ers should not have any financial interest purposes of assisting the commissioners in any of the properties nor should they be in determining an award of damages. You related to any of the property owners or may represent yourself at these hearings closely involved in any business dealings or you may choose to be represented by with a property owner. legal counsel. You should understand that you bear the cost of any attorney's fees. Whether or not you hire an attorney is your decision. 9 10 i The Constitutions of the United States owner or deposit with the court an amount and the State of Minnesota provide that equal to the Agency's approved appraisal property cannot be acquired, damaged, or of value. The language is found in Min - destroyed for public purposes without nesota Statutes Section 117.042. This is payment of "Just Compensation ". commonly referred to as the "Quick- Take" Law of the State of Minnesota. The State eminent domain law estab- lishes procedures that guarantee full com- When Can Construction Start pliance with these requirements. The courts of our State have interpreted "Just Compensation to mean that the owner is entitled to the fair market value of prop- �� ? erty that is acquired for public purposes. .... :...:.;:<.; : Fair market value is generally defined to mean the amount that a willing buyer would pay and that a willing seller would accept when neither art is forced to sell Minnesota law provides that once the party or buy. court- appointed commissioners have filed their award, or notice has been served You may wish to retain a licensed real pursuant to Minnesota Statutes 117.042, estate appraiser to provide you with an or after a deed has been signed, and the appraisal of the market value of your prop- legal date of continued occupancy has ex- erty. The commissioners may, in their dis- pired, the Agency has the right to enter cretion, allow reimbursement for an upon your land and begin construction. In appraisal not to exceed $500. some cases when the project has a high priority, construction will proceed at an Title and possession of the property early date. In the majority of cases, you shall pass to the Agency upon filing of the will have had an opportunity to thor- award by the court appointed commis- oughly go into any problems concerning sioners. Whenever the Agency shall re- the acquisition of your land before any quire title and possession of all or part of construction begins. the owner's property prior to the filing of an award by the court appointed commis- sioners, the Agency shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess the property. Prior to taking title and possession the Agency shall pay to the 11 12 r Appealing the Commissioners Award the appealing party may later dismiss the appeal and the award plus interest will be paid. About three weeks after the filing of an appeal by either party, partial payment may be made. Maximum partial payment under any circumstances cannot exceed It is important to note that if you are 75 percent of the award of the court -ap- dissatisfied with the commissioner's pointed commissioners. If you so request, award, you have the right to appeal to the the State will pay 75 percent of the award; District Court. The Agency also has the the State may, however, request the court right to appeal the award. to reduce the amount of partial payment. A partial payment, when no request has Any appeal must be taken within 40 been made, will be in the amount of the days from the date the commissioners file State's appeal figure or an amount that is their award and must be filed with the 75 percent of the award, whichever is the Court Administrator. A notice of such ap- smaller amount. In no event will the partial peal must be mailed to all parties of record payment be less than the State's estimate having an interest in lands described in the of fair market value. appeal. Within 10 days of such mailing, any other party may appeal. (Note: The 40 'Just Compensation' by a Jury days are counted from the date of the filing of the commissioner's award with the -Court Administrator, not from the date you receive notice of the award from the Agency.) If the Department of Transportation ap- peals the award, you will be notified by letter from the Office of the Attorney Gen- eral. The law provides that unless proper If you or the Agency, or both, appeal to appeal is taken by either party within 40 the District Court, the compensation to days, neither party can amend or adjust the which you are entitled becomes a question amount, terms, or conditions of the award. to be decided in a trial by jury. Simply If no appeal is taken, payment will be because an appeal is taken by either party made following the expiration of the 40- does not necessarily mean the matter will day appeal period. If only one party ap- go to court; the Agency will make a dili- peals from the award of commissioners, gent effort to settle the case prior to trial. 13 14 However, as noted earlier, the law pro- An explanation of relocation payments vides the Agency cannot amend or adjust and services can be found in a separate the amount of the commissioner's award booklet entitled, "Relocation Assistance unless proper appeal is taken by either Information." This booklet will address party within the time allowed. many of your questions and concerns. Please request a copy from the Agency if If the appeal is settled out of court, you you have not received one. can expect final payment within 45 days of receipt by the Agency of a properly SECTION IV signed stipulation and settlement. If the appeal goes to trial in District Court, final payment will be made within 45 days after a final judgement. When the jury verdict is appealed to a higher court, final pay= ment will await the disposition of that appeal. Additional Information SECTION III Taxpayer Identification Numbers The Internal Revenue Service (IRS) re- quires the land owner to furnish the ac- quiring Agency with a Taxpayer MOVING Identification Number before payment • • • • • • can be made. An approved form (IRS W -9) will be provided by the Agency. Minnesota Well Disclosure Relocation Payments State law requires that sellers q e s of real estate inform ros ective buyers of an P P Y Y In accordance with the Federal Uniform and all wells located on the property even Relocation Act of 1970, and subsequent if those wells are not in use. A formal well legislation, you may be entitled to certain disclosure certificate should be provided payments for such things as a housing by the property owner to the buyer at the supplement, moving costs, reestablish- time of the sale, if any wells are present. ment costs, incidental expenses and clos- This certificate will be provided. ing costs. The representative of the Agency will review your eligibility for these relocation claims. 15 16 SUMMARY AND CONCLUSION - In the Minnesota Department of Trans- portation the phone numbers are: Office of Right of Way ..612- 296 -3221 The information in this Guide for Prop- Acquisition Group ......612- 296 -3241 erty Owners is brief and general. If you desire additional information please re- Relocation Assistance ...612- 296 -1120 quest assistance from the acquiring Agency. Property Management (Disposition All representatives of the State of Min- of buildings) ...........612- 296 -3226 nesota, Department of Transportation, are Deputy Attorney General's committed to the responsibility of provid- Office ................612 - 297 -2040 ing better and safer highways for the pub - lic use. We realize we owe an obligation to all owners of property to be respectful of your rights while carrying out the duties of highway construction. We are ready to The address of the Director of the Office assist you in any way we can and we hope Right of Way and Surveys, for the Minne- bur contacts with you can be carried out in sota Department of Transportation is: a spirit of cooperation. Transportation Bldg., Room 511 395 John Ireland Blvd. St. Paul, MN 55155 • The address for the Office of the Attor- ney General, Transportation Division is: If at anytime you have questions, you Suite 500 are invited to seek the services of the 525 Park Street acquiring Agency. St. Paul, MN 55103 17 18 Fa, l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND APPROPRIATING FUNDS THEREFORE WHEREAS, by Resolution No. 93 -79, adopted on May 24, 1993 the City Council fixed a date for a public hearing to be held regarding proposed Storm Water Pond Improvement Project No. 1992 -29; and on a proposed park- and -ride facility and park development in the southwesterly quadrant of the I- 694 /Brooklyn Boulevard interchange; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing thereon was held on June 28, 1993 at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the alternative plans 1, 2, and 3 for development of these facilities have been developed, described in the mailed and published notices, and discussed at the public hearing, and the City Council prefers alternate plan , provided necessary agreements can be reached with the Metropolitan Transit Commission (MTC) for acquisition of the properties and development of the park- and -ride facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that Storm Water Pond Improvement Project No. 1992 -29 is hereby ordered. The Director of Public Works is hereby designated as the coordinator for this project, and shall advise the City Council of such additional actions necessary to implement this improvement in coordination with other improvements proposed for this area. Date Todd Paulson, Mayor ATTEST: Deputy 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. �a� a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ACQUISITION OF REAL PROPERTY FOR STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 WHEREAS, by Resolution No. 93 -_, adopted on June 28, 1993 the City Council ordered construction of Storm Water Pond Improvement Project No. 1992 -29; and WHEREAS,implementation of that improvement requires the acquisition of the 4.1 acre parcel of property legally described as Lot 1, Block 1, Northgate Subdivision to the City of Brooklyn Center, County of Hennepin, State of Minnesota (also identified as PIN 34- 119- 21 -24- 0008); and pursuant to Resolution No. 92 -281, adopted on December 14, 1992 the City has obtained an appraisal for that property; and WHEREAS, the Council wishes to provide a procedure for acquiring real properties needed for development of this improvement by negotiated purchase when possible; and WHEREAS, the Director of Public Works has obtained a proposal from Evergreen Land Services Inc. to provide professional services to negotiate the purchase of this property at a cost estimated to be between $3000 and $5000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal for services submitted by Evergreen Land Services Inc. is hereby accepted and approved. The City Manager is hereby authorized and directed to execute a contract with said firm on the basis of their proposal. 2. The City Manager in coordination with Evergreen Land Services Inc. is authorized and directed to commence negotiations with the owners of the property described above. Any purchase agreement executed by the City Manager shall contain the provision that it is subject to approval and ratification by the City Council. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b p g ing res y n y 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. gQ 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING STAFF TO NEGOTIATE AN AGREEMENT WITH THE METROPOLITAN TRANSIT COMMISSION FOR THE ACQUISITION OF PROPERTIES AND FOR THE CONSTRUCTION OF A PARK -AND -RIDE FACILITY WHEREAS, by Resolution No. 93 -79, adopted on May 24, 1993 the City Council fixed a date for a public hearing to be held regarding proposed Storm Water Pond Improvement Project No. 1992 -29; and on a proposed park- and -ride facility and park development in the southwesterly quadrant of the I- 694 /Brooklyn Boulevard interchange; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing thereon was held on June 28, 1993 at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the alternative plans 1, 2, and 3 for development of these facilities have been developed, described in the mailed and published notices, and discussed at the public hearing, and the City Council prefers alternate plan , provided necessary agreements can be reached with the Metropolitan Transit Commission (MTC) for acquisition of the properties and development of the park- and -ride facility; and WHEREAS, implementation of the proposed park- and -ride facility and park development requires development of a cooperative agreement between the City of Brooklyn Center and the Metropolitan Transit Commission (MTC) covering acquisition of properties, final plan development, construction, operation and maintenance of those facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City Manager and Director of Public Work are hereby authorized and directed to negotiate an agreement with MTC for implementation of the proposed facilities. Date Todd Paulson, Mayor ATTEST: Deputy 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. L� CITY OF BROOKLYN CENTER Council Meeting Date June 28, 1993 Agenda Item Number / Q� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: AMERICANS WITH DISABILITIES ACT DEPT. APPROVAL: Gera n R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUMr1LARY EXPLANATION: (supplemental sheets attached __ A committee comprised of City employees has been developing the City's Americans with Disabilities Act (ADA) transition plan based on the accessibility evaluation conducted by Julee Quarve- Peterson, Inc. The committee • has prioritized each item by year and attached a cost to most of them. The city council is asked to approve funding of those items that should be completed in 1993 but for which there is no current budget authorization. Attached on legal -sized paper is a current copy of the transition plan, which will be updated on a regular basis as items are completed. The 1993 projects are shaded on this copy and are also listed separately on Attachment A. These 1993 items are broken out further (see Attachments B through E) based on the following categories: general fund request, Project 93 -09, scheduled projects (e.g., upgrade of park equipment with ADA enhancements), and enterprise funds and EDA items. The total cost for all 1993 items as listed on Attachment A is $157,135. The city council is asked to approve a resolution transferring general fund money (see Attachment B) from the contingency fund to unallocated departmental expenses in the amount of $18,525. Funding for Project 93 -09 for trail and curb improvements (see Attachment C) has been requested under Contract 93 -E, which is being considered by the council at this evening's meeting. The Northport Park and Freeway Park projects (see Attachment D) have already been approved by the council and awarding of the contracts for them is also on this evening's agenda. The enterprise fund and EDA items listed in Attachment E are being accomplished in the 1993 budgets for the golf course, liquor stores and Earle Brown Heritage Center. The employee committee has met six times since March 1993 to develop the format of the transition plan, schedule completion dates of each item, and arrive at cost estimates. The requests for 1993 are generally those items classified as top priority. The ADA requires accessibility to programs and services so the top priority items ® focus on those locations where the most highly used programs and services are located. REQUESTED CITY COUNCIL ACTION: Discuss the ADA transition plan and approve a Resolution Amending the 1993 General Fund Budget for Certain ADA Compliance Expenditures. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR CERTAIN ADA COMPLIANCE EXPENDITURES WHEREAS, the City of Brooklyn Center is developing a transition plan for compliance with the Americans with Disabilities Act (ADA); and WHEREAS, a transition plan development committee comprised of City of Brooklyn Center employees has identified those ADA compliance items that should be completed in 1993 but have no budget authorization at this time; and WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the following items are included in this budget authorization to cover ADA expenses: LOCATION ITEM DESCRIPTION COST All Facilities Van Accessible Stalls $ 595 Upgrade Signage 3,000 Various Lever Hardware for Doors 1,510 City Hall, Community Center, Fire Stations Assistive Listening Devices 3,000 City Hall Adjust Door Tension 294 Adjustable Lectern 600 Community Center Full- Length Mirrors 500 TDD and Sign 620 Adjustable Lectern 600 Central Park Upgrade Picnic Tables 700 Evergreen Park Accessible Outhouse 804 Firehouse Park Grab Bars 140 RESOLUTION NO. LOCATION ITEM DESCRIPTION COST Grandview Park Grab Bars 140 Replace Drinking Fountain 1,300 Lions Park Accessible Outhouse $ 536 Northport Park Accessible Outhouse 216 Upgrade Picnic Tables 700 Grab Bars 140 Brooklane Park Signage for Restrooms 30 Lever Hardware for Doors 210 Arboretum Benches, Wheelchair Positions 1,850 Freeway Park Reposition Tables, Add Tabletop Extensions 400 Garden City Park Signage for Restrooms 40 Lever Hardware for Doors 600 TOTAL 18 525 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1993 General Fund Budget is hereby amended as follows: 1. Increase the appropriation for the following line item: • Department 180, Unallocated Departmental Expenses • Object Number 4220, Operating Supplies, General • Program Number 1896, ADA $18,525.00 2. Decrease the appropriation for the following line item: • Department 182, Unallocated Departmental Expenses • Object Number 4995, Contingency $18,525.00 RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy 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. SUMMARY OF ATTACHMENTS COST OF 1993 ADA ITEMS City of Brooklyn Center ATTACHMENT DESCRIPTION AMOUNT B General Fund Request $ 18,525 C Project 93 -09 73,694 (misc. trail & curb improvements) D Scheduled Projects 56,126 (Northport & Freeway Parks) E Enterprise Funds and EDA 8,790 A Total All 1993 Items $ 157,135 ATTACHMENT A JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER ALL 1993 ADA ITEMS COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects NO. LOCAT CON ITEM DESCRIPUON COST 1 All Facilities Provide van accessible stalls 595 2 City Hall Reduce tension of entry door to city hall 294 4 City Hall Provide assistive listening device for council chambers 600 6 City Hall Provide lever hardware on all public use doors in bldg 1,510 9 City Hall Provide adjustable lectern 600 12 Community Center Bevel lower level curb cut so no abrupt rise greater than 1/2" 950 13 Community Center Adjust tension on entry doors for lightest tension possible NC 14 Community Center Have clipboards available for filling out forms INCU #2 15 Community Center Install easy to operate hardware on all public use doors INCU #6 16 Community Center Provide tactile surface on back side of doors leading into hazardous areas NC 18 Community Center Lower existing public telephone & incorporate volume control device NC 19 Community Center Add TDD and post sign adjacent to phone indicating location (93: $542 + 12.85/MO) 620 21 Community Center Reposition 5 of tables & chairs to pool deck adjacent to wading pool NC 22 Community Center Provide easy to operate hardware on accessible entry door/lower level INCU #6 24 Community Center Widen doorway leading into photo lab or provide alternate accessible location NC 28 Community Center Add full length mirror in locker room area 500 30 Community Center Buy assistive listening kit 800 31 Community Center Provide adjustable height lectern for constitution hall 600 36 FD — 65th & Dupont Designate accessible parking stall INCU #1 37 FD — 65th & Dupont Replace entry door hardware with lever hardware or door lever adapters INCU #6 38 FD — 65th & Dupont Replace door hardware on all exit doors from FD, restroom drs, training room door, etc. INCU #6 39 FD — 65th & Dupont Provide tactile or knurled surface on backside of door hardware into hazardous areas NC 43 FD — 65th & Dupont Purchase assistive listening kit 800 44 All Facilities Upgrade signage throughout the buildings 3,000 46 FD — 63rd & Brooklyn Blvd. Provide designated accessible parking stall INCU #1 47 FD — 63rd & Brooklyn Blvd. Provide easy to operate hardware on entry door INCU #6 48 FD — 63rd & Brooklyn Blvd. Replace door hardware on dispatch room, training room, kitchen & restrooms INCU #6 50 FD — 63rd & Brooklyn Blvd. Provide knurled or tactile surface on backside of door hardware leading to hazardous areas NC 51 FD — 63rd & Brooklyn Blvd. Purchase assistive listening kit 800 54 Centerbrook Golf Course Provide van accessible parking stall INCU #1 55 Centerbrook Golf Course Provide appropriate signage at restroom doors INCU #44 56 Centerbrook Golf Course Adjust weight of entry door leading into club house NC 57 Centerbrook Golf Course Repair gap located at back door of club house 400 1 ATTACIIMENT A JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER ALL 1993 ADA ITEMS COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects NO. L(ATION ITEM DESCRIPTION COST 58 Centerbrook Golf Course Provide 5% 4— legged parson style tables 400 61 Centerbrook Golf Course Upgrade curb cut to eliminate lip 625 63 Central Park Upgrade 10% of picnic tables to incorporate accessiblity features (1 TABLE) 700 64 Central Park Highlight edge of wooden boardwalk surrounding water fountain NC 65 Central Park Where asphalt path meets bridge, no abrupt rise greater than 1/2" CIP/NA 66 Central Park Remove 1 fixed bench at each of the game tables INCL 67 Central Park Add wheelchair viewing positions & accessible path of travel at min. of 1 ball field 8,603 i 68 Central Park Add accessible path of travel leading to play structure INCU #67 69 Central Park Monitor & mainatain curb cuts to ensure no abrupt rise or gap greater than 1/2" INCU #67 71 Earle Brown Heritage Ctr. Provide van accessible parking by conference center and Inn on the Farm 175 72 Earle Brown Heritage Ctr. Provide accessible parking for Inn on the Farm 25 73 Earle Brown Heritage Ctr. Provide volume control device on phone within conference center (2 PHONES) 69 75 Earle Brown Heritage Ctr. Provide assistive listening kit at conference center 480 78 Earle Brown Heritage Ctr. Add cabinet pull to elevator emergency communication door NC 79 Earle Brown Heritage Ctr. Make portable ramp available in conference center 4,671 32 Earle Brown Heritage Ctr. Adjust tension on all heavy doors NC 7 Evergreen Park Provide accessible outhouse by west parking lot OR $4,500 FOR BUILT —IN PLACE) 804 38 Evergreen Park Provide crushed limestone path & wheelchair viewing positions at ball field & football field 10,400 89 Evergreen Park Add van accessible stall at south lot INCU #1 90 Evergreen Park Repair or reconstruct curb cut located at south lot to provide safer design 725 91 Evergreen Park Restripe existing designated accessible parking to provide 13' wide stall INCU #1 92 Evergreen Park Bevel warming house entrance CIP 95 Grandview Park Add wheelchair viewing positions at all ball fields INCU #100 96 Grandview Park Remove timbers by spectator seating on SW side & provide accessible path of travel INCU #100 97 Grandview Park Add van accessible parking stall at SW parking lot INCU #1 98 Grandview Park Highlight edge of concrete stoop & edge of ramp at front entrance of shelter bldg. as warning NC 99 Grandview Park Reduce tension required to operate shelter building entry door NC 100 Grandview Park On SW parking lot, add crushed limestone path leading from curb cut to spectator seating 20,473 101 Grandview Park At east lot, connect curb cut to activity areas with firm, stable, slip resistant path of travel INCU #100 102 Grandview Park Add path of travel to tennis courts & make entry accessible INCU #100 103 Grandview Park Add path of travel leading to horse shoe area INCU #100 104 Grandview Park Add grab bars to restroom toilet stall in shelter building/warming house 140 1051 Grandview Park When parking lot is restriped, provide 13' wide designated accessible parking stalls INCU #1 2 ATTACHMENT A JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER ALL 1993 ADA ITEMS COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N ©. I.O GATI(O N ITEM DESCRIPTION C ©S`r 108 Grandview Park Replace drinking fountain in shelter building 1,300 109 Humboldt Liquor Cross —hatch access aisle lcoated in front of existingcurb cut INCU #1 110 Humboldt Liquor Move temporary product displays to insure there are minimum 36" aisles throughout store NC 111 Humboldt Liquor Train employees to assist customers with disabilities in reaching items stored high on shelves NC 112 Humboldt Liquor Train employees to direct disabl. customers to the cash register located closest to outside wall NC 113 Humboldt Liquor Adjust door closers on both entry & vestibule doors to provide max. 8 lbs. of force to operate NC 114 Humboldt Liquor Install light weight door closers 1,170 115 Humboldt Liquor Provide lever hardware on doors 80 116 Humboldt Liquor Reconstruct curb cut to provide safer design 1,000 118 Lions Park Convert 1 parking stall to provide van accessible stall INCU #1 119 Lions Park Provide accessible portable restroom facilities ADD 1) ALT. $4,500 TO BUILD 536 121 Lions Park Upgrade sidewalk surrounding shelter building NC 124 Liq. St., 6250 Brklyn. Blvd. Adjust tension of door closers on entry doors NC 125 Liq. St., 6250 Brklyn. Blvd. Train employees to assist customers with disabilities NC 126 Liq. St., 6250 Brklyn. Blvd. Install light weight door closers 660 127 Liq. St., 6250 Brklyn. Blvd. Provide lever hardware on doors 180 132 Northbrook Liquor Train employees to assist custormers with disabilities NC 133 Northbrook Liquor Install light weight door closers 300 134 Northbrook Liquor Provide lever hardware on doors 180 136 Northport Park Provide access. portable restroom facilities at ea. end (REPLACE 1 EXSTNG W /ACCSS ) 216 137 Northport Park Provide accessible path of travel leading to tennis court & modify the entry INCU #138 138 Northport Park Provide path of travel leading to both portable restroom facilities 11,829 139 Northport Park Provide crushed limestone path to ball field & incorporate wheelchair viewing positions INCU #138 140 Northport Park Provide path of travel to picnic area INCU #138 141 Northport Park Upgrade 10% of picnic tables to incorporate extensions 700 141a Northport Park Upgrade play structure with resilient surface and adaptive play equipment 28,126 142 Northport Park Ramp entrance leading into shelter building NC 143 Northport Park Provide elevated sand box or remove a 36" section of concrete curb BEING REBUIL NC t 144 Northport Park Install grab bars at toilet 140 145 West Palmer Park Repair or replace existing curb cut to provide safer design 725 146 West Palmer Park Add van accessible stall INC1J#1 1471 West Palmer Park Provide crushed limestone path to ball fields & wheelchair viewing positions 16,814 148 West Palmer Park Provide accessible path and entry to tennis court � INCI,1#147 3 ATTACHMENT A JUNE 1993 ADA TRANSITION PLAN -CITY OF BROOKLYN CENTER ALL 1993 ADA ITEMS COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects NO. LQCATION ITEM DESCRIPTION COST 149 West Palmer Park Provide accessible path of travel to basketball court INCU #147 153 Brooklane Park Install appropriate signage on accessible restroom doors in shelter building 30 155 Brooklane Park Provide lever hardware on shelter building entry and restroom doors 210 161 East Palmer Park Add van accessible parking stall and sign INCU #1 162 East Palmer Park Upgrade curb cut located adjacent to parking lot 825 164 East Palmer Park At such time parking lot is restriped, widen existing designated accessible stalls INCU #1 167 Eugene Hagel Arboretum Remove gate at gate entrance leading into arboretum NC 168 Eugene Hagel Arboretum Add 2 additional benches and wheelchair resting positions 1,850 172 Eugene Hagel Arboretum When restriping the parking lot, provide a 13' wide stall INCU #1 175 Firehouse Park Install grab bars in shelter building/warming house in restroom 140 180 Freeway Park Add designated accessible parking stall in west lot INCU #1 181 Freeway Park Reposition picnic tables underneath picnic shelter and provide table top extensions 400 183 Freeway Park When restriping parking lot, restripe designated acsble prkng stalls to provide 13' wide stall INCU #1 186 Freeway Park Upgrade both play structures with resilient surface & more adaptive play equipment 28,000 187 Garden City Park Provide signage at restroom entry indicating restrooms are accessible 40 189 Garden City Park Provide lever hardware on shelter building entry door and restroom entry doors 600 190 Garden City Park Restripe parking lot to provide 13' wide stall when parking lot is restriped INCU #1 194 Kylawn Park Reposition existing designated accessible parking stall to locate adjacent to curb cut INCU #1 195 Kylawn Park Cross —hatch a 5' wide access aisle in front of existing curb cut INCU #1 210 Bellvue Park Designate accessible parking stall INC1_/#1 223 Happy Hollow Park Stripe designated accessible parking stall to provide a 13' wide stall INCU #1 241 Palmer Lake Nature Area When parking lot is restriped, restripe existing designated accessible parking stall INCU #1 242 Palmer Lake Nature Area Reconstruct existing curb cut to provide safer design 725 252 Twin Beach Park Reposition designated accessible parking stalls so it's adjacent to curb cut INCU #1 253 Twin Beach Park Cross —hatch access aisle located in front of curb cut INCU #1 TOTAL = $ 157 4 ATTACHMENT B NNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER 1993 GENERAL FUND BUDGET REQUESTS COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects NQ LOCATION STEM DESCRIP.TI42N COST 1 All Facilities Provide van accessible stalls 595 2 City Hall Reduce tension of entry door to city hall 294 4 City Hall Provide assistive listening device for council chambers 600 6 City Hall Provide lever hardware on all public use doors in bldg 1 9 City Hall Provide adjustable lectern 600 13 Community Center Adjust tension on entry doors for lightest tension possible NC 15 Community Center Install easy to operate hardware on all public use doors INCU #6 18 Community Center lower existing public telephone & incorporate volume control device NC 19 Community Center Add'IDD and post sign adjacent to phone indicating location (93: $542 + 12.85/10) 620 22 Community Center Provide easy to operate hardware on accessible entry door/lower level INCU #6 24 Community Center Widen doorway leading into photo lab or provide alternate accessible location NC 28 Community Center Add full length mirror in locker room area 500 30 Community Center Buy assistive listening kit 800 31 Community Center Provide adjustable height lectern for constitution hall 600 36 FD — 65th & Dupont Designate accessible parking stall INCU #1 37 FD — 65th & Dupont Replace entry door hardware with lever hardware or door lever adapters INCL/#6 38 FD — 65th & Dupont Replace door hardware on all exit doors from FD, restroom drs, training room door, etc. INCU #6 43 FD — 65th & Dupont Purchase assistive listening kit 800 44 All Facilities Upgrade signage throughout the buildings 3,000 46 FD — 63rd & Brooklyn Blvd. Provide designated accessible parking stall INCU #1 47 FD — 63rd & Brooklyn Blvd. Provide easy to operate hardware on entry door INCI 1 #6 48 FD — 63rd & Brooklyn Blvd. Replace door hardware on dispatch room, training room, kitchen & restrooms INCU #6 51 FD — 63rd & Brooklyn Blvd. Purchase assistive listening kit 800 54 Centerbrook Golf Course Provide van accessible parking stall INC1J#1 55 Centerbrook Golf Course Provide appropriate signage at restroom doors INCU #44 63 Central Park Upgrade 10% of picnic tables to incorporate accessiblity features 1 TABLE) 700 87 Evergreen Park Provide accessible outhouse by west parking lot (OR $4,500 FOR BUILT —IN PLACE ) 804 89 Evergreen Park Add van accessible stall at south lot INCU #1 91 Evergreen Park Restripe existing designated accessible parking to provide 13' wide stall INCU #1 97 Grandview Park Add van accessible parking stall at SW parking lot INCU #1 104 Grandview Park Add grab bars to restroom toilet stall in shelter building/warming house 140 105 Grandview Park I When parking lot is restriped, provide 13' wide designated accessible parking stalls INCU #1 108 11 Grandview Park Replace drinking fountain in shelter building 1,300 ATTACHMENT B JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER 1993 GENERAL FUND BUDGET REQUESTS COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects NO LOCATIfON ITEM llESCItIP TtON COST 109 Humboldt Liquor Cross —hatch access aisle looated in front of existing curb cut INCU #1 118 Lions Park Convert 1 parking stall to provide van accessible stall INCU #1 119 Lions Park Provide accessible portable restroom facilities (ADD 1) (ALT: $4,500 TO BUILD) 536 136 Northport Park Provide access. portable restroom facilities at ea. end (REPLACE 1 EXSTNG W/ ACCSS) 216 141 Northport Park Upgrade 10% of picnic tables to incorporate extensions 700 144 Northport Park Install grab bars at toilet 140 146 West Palmer Park Add van accessible stall INCU #1 153 Brooklane Park Install appropriate signage on accessible restroom doors in shelter building 30 155 Brooklane Park Provide lever hardware on shelter building entry and restroom doors 210 161 East Palmer Park Add van accessible parking stall and sign INCU #1 164 East Palmer Park At such time parking lot is restriped, widen existing designated accessible stalls INCU #1 168 Eugene Haget Arboretum Add 2 additional benches and wheelchair resting positions 1,850 172 Eugene Hagel Arboretum When restriping the parking lot, provide a 13' wide stall INCU #1 175 Firehouse Park Install grab bars in shelter building/warming house in restroom 140 180 Freeway Park Add designated accessible parking stall in west lot INCL/#1 181 Freeway Park Reposition picnic tables underneath picnic shelter and provide table top extensions 400 183 Freeway Park When restriping parking lot, restripe designated acsble prkng stalls to provide 13' wide stall INCU #1 187 Garden City Park Provide signage at restroom entry indicating restrooms are accessible 40 189 Garden City Park Provide lever hardware on shelter building entry door and restroom entry doors 600 190 Garden City Park Restripe parking lot to provide 13' wide stall when parking lot is restriped INCU #1 194 Kylawn Park Reposition existing designated accessible parking stall to locate adjacent to curb cut INCU #1 195 Kylawn Park Cross —hatch a 5' wide access aisle in front of existing curb cut INCL1 #1 210 Bellvue Park Designate accessible parking stall INCU #1 223 Happy Hollow Park Stripe designated accessible parking stall to provide a 13' wide stall INCU #1 241 Palmer Lake Nature Area When parking lot is restriped, restripe existing designated accessible parking stall INCU #1 252 Thin Beach Park Reposition designated accessible parking stalls so it's adjacent to curb cut INCU #1 253 Thin Beach Park Cross —hatch access aisle located in front of curb cut INCU #1 TOTAL = $18 2 ATTACHMENT C JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER 1993 ADA ITEMS INCLUDED IN PROJECT 93-09 COST: INCL = Included in another item NO LC CATION ITEM DESC1tII'HON. .. COST 12 Community Center Bevel lower level curb cut so no abrupt rise greater than 112" 950 61 Centerbrook Golf Course Upgrade curb cut to eliminate lip 625 67 Central Park Add wheelchair viewing positions & accessible path of travel at min. of 1 ball field 8,603 68 Central Park Add accessible path of travel leading to play structure INCU #67 69 Central Park Monitor & mainatain curb cuts to ensure no abrupt rise or gap greater than 1/2" INCU #67 88 Evergreen Park Provide crushed limestone path & wheelchair viewing positions at ball field & football field 10,400 90 Evergreen Park Repair or reconstruct curb cut located at south lot to provide safer design 725 95 Grandview Park Add wheelchair viewing positions at all ball fields INCU #100 96 Grandview Park Remove timbers by spectator seating on SW side & provide accessible path of travel INCU #100 100 Grandview Park On SW parking lot, add crushed limestone path leading from curb cut to spectator seating 20,473 101 Grandview Park At east lot, connect curb cut to activity areas with firm, stable, slip resistant path of travel INCU #100 102 Grandview Park Add path of travel to tennis courts & make entry accessible INCU #100 103 Grandview Park Add path of travel leading to horse shoe area INCU #100 116 Humboldt Liquor Reconstruct curb cut to provide safer design 1,000 137 Northport Park Provide accessible path of travel leading to tennis court & modify the entry INCU #138 138 Northport Park Provide path of travel leading to both portable restroom facilities 11,829 139 Northport Park Provide crushed limestone path to ball field & incorporate wheelchair viewing positions INCU #138 140 Northport Park Provide path of travel to picnic area INCU #138 145 West Palmer Park Repair or replace existing curb cut to provide safer design 725 1471 West Palmer Park Provide crushed limestone path to ball fields & wheelchair viewing positions 16,814 148 West Palmer Park Provide accessible path and entry to tennis court INCU #147 149 West Palmer Park Provide accessible path of travel to basketball court INCU #147 162 East Palmer Park Upgrade curb cut located adjacent to parking lot 825 242 Palmer Lake Nature Area Reconstruct existing curb cut to provide safer design 725 TOTAL - $73 1 ATTACHMENT D JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER 1993 SCHEDULED PROJECTS WITH SOME ADA EXPENSES NO. LOCATICON ITEM DESGRLPTION . COST 141a Northport Park Upgrade play structure with resilient surface and adaptive play equipment 28,126 186 Freeway Park Upgrade both play structures with resilient surface & more adaptive la a ui ment 28,000 TOTAL = $561126 ATTACHMENT E JUNE 1993 ADA TRANSITION PLAN - CITY OF BROOKLYN CENTER 1993 ENTERPRISE FUNDS AND EDA ITEMS NO. LOCATION ITEM DESCRIPTION COST 57 Centerbrook Golf Course Repair gap located at back door of club house 400 58 Centerbrook Golf Course Provide 5% 4— legged parson style tables 400 71 Earle Brown Heritage Ctr. Provide van accessible parking by conference center and Inn on the Farm 175 72 Earle Brown Heritage Ctr. Provide accessible parking for Inn on the Farm 25 79 Earle Brown Heritage Ctr. Make portable ramp available in conference center 4,671 73 Earle Brown Heritage Ctr. Provide volume control device on phone within conference center (2 PHONES) 69 75 Earle Brown Heritage Ctr. Provide assistive listening kit at conference center 480 114 Humboldt Liquor Install light weight door closers 1,170 115 Humboldt Liquor Provide lever hardware on doors 80 126 Liq. St., 6250 Brklyn. Blvd. Install light weight door closers 660 127 Liq. St., 6250 Brklyn. Blvd. Provide lever hardware on doors 180 133 Northbrook liquor Install light weight door closers 300 134 Li Northbrook uor Provide lever hardware on doors 180 TOTAL = $82790 0 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available O COST :> WRK WORK ;> , ASSIGNED , ASSIGNED DUB SST DONS ORDER DATE DEPTS .. STAFF DATE. UE I/E C OST NO. DONE NO. 'RAN STS. .LOCATION .: ;; LTEM DESCRIPTION ;:: 1 1 P All Facilities Provide van.accessible stalls PW, CD DP CL 93 I 595': 2 1 P City Hall Reduce tetlsioa of entry Boor to;ctty hat! PW MS 93 I I 294 3 1 P City Hall Upgrade city hall restrooms (family restroom) PW, CD MS CL CIP I E 20,000 4 1 P City Hall Provide assistive listeni devrce for council chatnt ers ADMIN GB 93 > I I 600 5 1 P City Hall Provide accessible drinking fountain PW MS 94 I E 1,300 6 1 P City Hall Provide lever hardware on all public use doors in bldg PW MS 93 I I/E 1,510 7 1 ST City Hall Restripe designated accessible parking PW, CD DP CL 94 I INCL 8 1 ST City Hall Ramp council platform PW, CD MS CL on demand I E 1,000 9 1 ST City Hall Provide atlltistable iectem PW, CD MS CL 93. & opport I E 600' 10 1 LT City Hall Modify all service counters PW, CD SK CL opportunity E E ? 11 1 R All Facilities Upgrade employee areas per individual needs PW, CD, REC SK BB AM on demand 12 1 P Community Center Bevel lower level curb cut so no;abrupt rise greater than 1/2'` PW SK DP MM 93 I I/E 9S0 93 - 09 13 1 P Community Center Adjust tension on entry doors Ior hghteittensron possrble.. PW MS 93 I I NC 14 1 P Community Center Havecltpboardsavat iable 'forfilltngoutforms REC AM 93 I I CNCU #2 5/93 15 1 P Community Center Tnstall easy to operate hardware on all public use doors PW MS 93:; I I/E in INCLf #b 16 1 P Community Center Provide tactile surface: ort back szde of do4zs leadin to hazardous areas PW, CD MS CL 93 I E NC 17 1 P Community Center Finish upgrading restrooms on upper level for full accessibility PW, CD SK CL 94 E E 20,000 18 1 P Community Center Lawer. existir g pubhe telephone: & incorporate volume control devtee FIN CH 93 E E NC 19 1 P Community Center Add: TDD and post sign adlacznt to phone rnd�cating tocatcin wer (93 level f 12 85(MO FIN CH 93 E E 620 20 1 P Community Center Upgrade restrooms to provide accessible toilet facilities in lo PW, CD SK CL 94 E E 20,000 21 1 P Community Center Reposition 5% of tables &chairs to poaldec k ad'acent to wadtng pool REC AM 9 : I I NG 22 1 P Community Center Provrde easy to operate hardware on accessible entry door /laver level PW, REC MS AM 93 I I/E 1NCU #6 1 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available COST WORK WORK ASST N8 ASSXGNE� DUB ESTw < DONS ORDER DATE NO. RAN —LO 6m ITEM .. .......... ESCRIPTI6 DEP..TS STAFF DATE IJE UEi COST ' NO_ DONE 23 1 ST Community Center Upgrade 5% of tables in food service area to be of sturdier design REC AM 94 I I 400 24 1 ST Community Center Widen doorway leading tnto hotolab tir tovidealterttateaccessrble locatton REC AM 93 I I/E NC 25 1 ST Community Center Provide accessible shower facility PW, CD, REC MS CL AM 94 E E 25,000 26 1 ST Community Center Provide accessible changing area PW, CD, REC MS CL AM 94 E E INCU #25 27 1 ST Community Center Reposition drinking fountain adjacent to sauna so it doesn't obstruct accessible path of travel PW MS 94 I E 4,000 28 1 ST Community Center Add ifull length mirror'n locker room area PW MS 93 ! I I 500' 29 1 ST Community Center Add handrail where missing on ramp leading to pool to provide handrails on both sides /ramp PW MS 94 I I/E 4,500 30 1 ST Community Center Buy assistive listening kit ADMIN, REC GB AM 93 ',: I I 800 31 1 ST Community Center Provide adjustable height I&te t for constitution ball, REC AM 93 > I I 600 32 1 LT Community Center Add proper horizontal extensions to exterior stair handrails repair, replace, remodel PW SK CIP or opport. E E ? 33 1 LT Community Center Lower 36" section of info counter to appropriate height PW, CD SK CL opportunity I E ? 34 1 LT Community Center Add proper horizontal extensions to handrails when upgraded) at top & bottom of stairs PW, CD SK CL CIP E E ? 35 1 LT Community Center Lower 36" wide section of food service counter PW, CD, REC SK CL AM opportunity I E ? 36 1 P FD — 65th & Dupont Designate accessible 'king stall PW DP 93 ! I I INCU# i 37 1 P FD — 65th &Dupont Replace entry door hardwarew th Lever t ardware;:ar dooraever.a pters PW MS 93: I I/E INC1/ #6 38 1 P FD — 65th &Dupont Replace door ha zdware on all exit dabrs Pram FD restroom rs tzaintng room door, etc PW MS 93 I I/ INCU #6 39 1 P FD — 65th &Dupont Provide tactile or knurled surface on backsrde of door hard varc rnto : mrdaus areas PW, CD MS CL 93 I I NC 40 1 P FD — 65th & Dupont Replace drinking fountain with accessible drinking fountain PW MS 94 I E 1,300 41 1 P FD — 65th & Dupont Upgrade women's restroom to provide unisex accessible restroom PW, CD SK CL 94 E E 5,000 42 1 P FD — 65th & Dupont Modify entrance leading into training room (AN ACCESSIBLE DOOR IS AVAILABLE) PW, CD SK CL opportunity I E ? 43 1 ST FD — 65th & Dupont Purchase assistive listening kit ADMIN GB 93 ! I I 800' 44 1 ST All Facilities Upgrade signage throughout thg buildings PW, CD, REC MS BB AM 93 I E 3,000> i 2 • • • JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available COST WORK WORK _. I :. :; <; <: ;;::; >;::: A�.SSIGNEl7 ASSIGNED ,; DUE LST ; DONE ORDER DATE S NO. RAN STS LOCATION :: , ITEM DESCRIPTION DEPTS STAFI' DATE I/E 11E' CO. T NO. DONE 451 1 ST All Facilities Upgrade the fire alarm system PW, CD, REC MS CL BB CIP I E 40,000 46 1 P FD — 63rd &Brooklyn Blvd. Ptovidedesig iatedacM413lep2ti6 stall PW DP 93 I I lNCQ #1 47 1 P FD — 63rd & Brooklyn Blvd, Provide easy to operate hardware on entry door PW MS 93 I 13 INCU #6 48 1 P FD — 63rd & Brooklyn Blvd. Replace door hardware on dispatch room, traiuin room kitchen & restroomg PW MS 44 93 I 1 INCL/ #6 49 1 P FD — 63rd & Brooklyn Blvd. Upgrade restroom (see executive summary for details) PW, CD SK CL CIP I E 5,000 501 1 P FD — 63rd & Brooklyn Blvd. Provide knurled or tactile Surface an backside of door hardware leading to hazardous areas PW, CD MS CL 93 : I I NC 51 1 ST FD — 63rd & Brooklyn Blvd. Purchase assistive listening kit ADMIN GB 93 , I I 800 52 1 ST FD — 63rd & Brooklyn Blvd. Lower drinking fountain PW MS 94 I E 1,300 53 1 ST FD — 63rd & Brooklyn Blvd. Upgrade all other door hardware to provide levers PW MS 94 I I/E INCU #6 54 1 P Centerbrook Golf Course Providevattaccessible :parkingstall PW DP 93 I I INCU #1 55 1 P Centerbrook Golf Course Provideappraprta #es9gnageatzestraam;door5 PW MS 93! I E INCL! #44 56 1 P Centerbrook Golf Course Adjust weight of entry doorleadmg ittto elub house PW MS 93 I E NC 57 1 P Centerbrook Golf Course Reparr.gap located of back door of club House REC AM 93 I I/E 400. 58 1 P Centerbrook Golf Course Provide S% 4=legged parson style tables: REC AM 93 I I 400 59 1 ST Centerbrook Golf Course When restriping parking lot, make existing designated accessible stalls 13' wide PW DP 94 I 1 INCU #1 60 1 ST Centerbrook Golf Course Upgrade exter. picnic tables to incorp. path of travel of firm surface & table top extensions REC AM 94 I E 1,000 61 1 ST Centerbrook Golf Course Upgiadecurticuttoelimrnatalip PW SK MM 93: I E 625; 93 -09 62 1 R Centerbrook Golf Course Upgrade club house per employee request, i.e., upgrade door hardware PW SK on demand I E 63 1 P Central Park Upgrade IO% of prcnic table& to r ncorporate accesstbltty#eatuteS (> :TAt1I i± PW DP 93 I I 70 Q 64 1 P Central Park Niglillght edge of woollen boardwalk surroundmgvvater fotintam PW MS 93: I E NC 65 1 P Central Park W , he asphalt path re re els bridge, ito abrupt rrse 'neater than i12" . PW DP 93 I I CIP/NA 66 1 P Central Park Remove 1 Cuiedbench;at each of the game tables.': PW, REC MS AM 93 I I INCL 3 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available . COST WORK ' WORK .... SSIGhTED D E - : . ASSZGNEp DUE ESTw DONE ORDER _ AT NO. RAN STS lCATON ITEM I]ESCRTFTION DEPT.S STAFF DATE E E`! COST NO. DONE 67 1 P Central Park Add wheelchair viewing positions &accessible path of travel at min. of 1 hall field PW DP 93 I E 8,603 93 -09 68 1 ST Central Park Add accessible path of travel leadtng to playstructtite PW DP 93 : I E INC U #67 93 -09 69 1 ST Central Park Monitor & mamatain curb cuts Eo ensureio abiup rise or gap greater than 112 PW DP 93 I I INCU #67 93 -09 __. _ 70 1 LT Central Park Upgrade play structurewith resilient surface & more adaptive play equipment PW, REC SK AM 94 I E 40,000 71 1 P Earle Brown Heritage Ctr. Provide van accessible pa rking by conference center and Inn on the Farm CD BB 93 1 E 175 4/93 72 1 P Earle Brown Heritage Ctr. Provide accessible parking for Itn on the Farm CD BB 93 I E 25 4/93 i 73 1 P Earle Brown Heritage Ctr. Provide volume control device on phonewithin conference center 2 PHONES FIN CH 93 > E E 69 74 1 P Earle Brown Heritage Ctr. Provde TDDrM in conference center CD BB 94 1 I/E 85 0 75 1 P Earle Brown Heritage Ctr. Provide assistive listening kit at conference center CD BB 93 I I 480' 76 1 P Earle Brown Heritage Ctr. Bevel all accessible restroom entries CD BB 94 1 E 7,950 77 1 P Earle Brown Heritage Ctr. Upgrade 1 restroom per building CD BB CL 94 1 E 14,068 78 1 P Earle Brown Heritage Ctr. Add cabinet . pull to elevator emergency communication door CD BB 93 I I NC 79 1 P Earle Brown Heritage Ctr. Make portable ramp available in conference center CD BB 93 I E 4,671' 6/93 80 1 P Earle Brown Heritage Ctr. Implement recomm. for accessible guest room at Inn on the Farm CD BB CL 94 I E 4,900 81 1 P Earle Brown Heritage Ctr. Provide assistive listening kit at Inn on the Farm CD BB 94 I I 850 82 1 P Earle Brown Heritage Ctr. Adjust teusia onall Heavy doors CD BB 93 I I NC 83 1 P Earle Brown Heritage Ctr. Eliminate protruding hazard at underside of stairs in the 6155 Stable CD BB 94 1 I 150 84 1 ST Earle Brown Heritage Ctr. Upgrade signage in all buildings CD BB 94 1 E 6,496 85 1 ST Earle Brown Heritage Ctr. Upgrade fire alarm system in all buildings CD BB CL 95 1 E 38,750 86 1 ST Earle Brown Heritage Ctr. Provide 60" accessible toilet stalls within conference ctr. restrooms by Ca rmige Hall A CD BB CL 94 I E 8,520 r 87 1 P Evergreen Park Provide accessible outhouse bywesf parking lot (OR $4,SW- FOR BU LT IN PLACE PW, REC DP AM 93: I E 804 88 1 P Evergreen Park Provide crushed limestone path; &wheelchair viewing portions at ball field &'football Ceid PW DP 93 I E 10 4Q0 93 -09 4 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available COST WORK WORK ASSIGNED ASSXGNED DUB .. EST...: DONE: ORDER DATE NO. RAN STS ading LOCAT ITEM DESCRIPTION DEPTS.. STAFF DATE I/E I/E COST NO. DONE 89 1 P Evergreen Park Add van accesstble stall at south' PW DP 93 I I INCL #1 'r'. 90 1 ST Evergreen Park Repair of reconstruct curb cut located at south lotto provide safer deSrgtt PW SK MM 93 I E 725! 93 - 09 91 1 ST Evergreen Park Restripe existing designated accessible parking to pravrde i3'wide stall PW DP 93 .: I I INCI! #1 92 1 ST Evergreen Park Bevel waing house entrance PW DP 43 I I CIP rm 93 1 ST Evergreen Park Add grab bars in warming house restroom PW DP 94 I I 140 94 1 LT Evergreen Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP I E 40,000 95 1 P Grandview Park Add wheelclraiiviewing positionsatall ball fields PW DP 93 I E INCU #100 93 - 09 96 1 P Grandview Park Remove timbers by spectator seating on SW side & provide th of travel PW DP ,accessible pa 93 : I I INCLJ #100» 93 - 09 97 1 P Grandview Park Add van aacessible parking smell at SW parking lot PW DP 93 : I I INCl/ # 1 98 1 P Grandview Paris Hig1i1'rght edge of concrete stoop &edge of ramp at front ettrnnee of shelterEildg, as warning: PW DP 93 I I NC 99 1 P Grandview Park Reduceterisionzequired PW DP 93 I I NC 100 1 P Grandview Park On SW parking lot, add crushed limestone path le front curb cat to spectator seating PW DP 93 I E 2R 473 93 -09 101 1 P Grandview Park At east lot, conned etirb cut to activity areas with : firm, stable shp resistant path of fravel PW DP 93 I E INCU #100 93 -09 102 1 P Grandview Park Add oath! of to tennis courts &make entrysccessible trtvef ` PW DP 93 :`. I E INCA #100: 93 -09 103 1 ST Grandview Park Add path of travel leading to horse shoe area PW DP 93 I E INCL/ #100> 93 -09 104 1 ST Grandview Park Add grab bars to resizvam toilet stall in shelt0rbu ldrnglWarming h Ouse PW DP 93 I I 140 105 1 ST Grandview Paris When parking I Is.restriped, p ovrde l3': widedes >$nateda'ccessiblc.parking stalls PW DP 93 I I INCH #1 s 106 1 LT Grandview Park Upgra play structurewith resilient surface &adaptive play equipment PW, REC SK AM CIP /95 I E 40,000 107 1 LT Gndview Park Fully upgrade restrooms in shelter building PW, CD SK CL CIP /94 E E CIP 108 1 LT [� G , ' m d view Park Replace drinking. fountain in shelter burning PW DP 93 I I 1,300> 109 1 P Humboldt liquor Cross hatch aocess aisle koatW in f ront bf existing cutb ct t PW DP 93 I I II�TGU #F 110 F P Humboldt liquor Move temporary product displays to insure there are minimum 36 °aisles throughout store FIN CH 93 I I NC 5 s JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available -. COST WORK ' WORK _.. SSIGNED ;ASSIGNED' DUE EST DONS OR DATA N O O ?. NO. RAN STS LOCATION ITEM DESCRIPTION DEPTS STAFF DATE I/E I /F. C . S I' N y DONE 111 1 P Humboldt liquor Train employees to assist customers with disabilities rn reaching items omd high 0n shelves : FIN CH 9 93 I I NC 112 1 P Humboldt liquor Train em to ees tp direct dtsa6l< customers to 00. ash tegi5ter located cl65es to outsidewal FIN CH 93 I I NC p y,. 113 1 P Humboldt liquor Adjust door closers on both entry :& vestibule doors to provide max. $Ibs, of force to operate:: PW MS 93 I I NC 114 1 P Humboldt Liquor Install li ht wei ht doer closers ! PW, FIN MS CH 93 I I 1,170 115 1 P Humboldt liquor Provide lever hardw are 'on doors PW, FIN MS CH 80 116 1 ST Humboldt liquor Reconstructci rb cut to!providesaferaes n PW, FIN SK MM CH 931.:'1­V.­1 I E 1,000 93 -09 117 1 R Humboldt liquor Accommodate employee needs on per request basis FIN CH on demand I I N/A 118 1 P Lions Park Convert 1 parking stall to provide van accessible stall PW DP 93 - I I INCl/ #1 119 1 P lions Park rri v e ble portable restmogt facilities AD..1� lj ACT $4,500 �4 $> TC Ia PW, REC DP AM 93 I I 536` 120 1 ST Lions Park Provide accessible picnic tables 1 ADD'L PW DP 94 1 I 700 121 1 ST lions Park Upgrade sidewalk surrounding shelter bti.ilding PW SK MM 43 I I NC 5/93 122 1 ST lions Park Add grab bars in shelter building restroom PW SK 94 I E 140 123 1 LT lions Park Upgrade play structurewith resilient surface & more adaptive play equipment PW, REC SK AM CIP /94 I E 40,000 124 1 P Liq. St., 6250 Brklyn. Blvd. Adjust teusioriof doorclosers oti etttrydQOts , .. PW MS 93 I I NC 125 1 P liq. St„ 6250 Brklyn. Blvd. Train employees to assstcustomers wtthdisabilities FIN CH 93; I I NC 126 1 P Liq. St., 6250 Brklyn. Blvd. Install light weight door closers PW, FIN MS CH 93 I I 660! 127 1 P Liq. St., 6250 Brklyn. Blvd. Providel ever hardware on doors PW, FIN MS CH 93 I I 180' 128 1 ST Uq. St., 6250 Brklyn. Blvd. Enlarge 1 checkout aisle to pr a minimum 36" aisle FIN, CD CH CL 94 I E NC 129 1 R liq. St., 6250 Brklyn. Blvd. Accommodate employee needs on per request basis FIN CH on demand I I NA 130 1 P Northbrook liquor Ask landlord to stripe parking stall to provide designated accessible sta ll FIN, CD CH CL 94 E E NC 131 1 P Northbrook liquor Install permanent upright signage to identify accessible parking stall FIN, CD CH CL 94 E E NC 132 1 P Northbrook liquor Train employees to assistcustormersw ithdisabiliiies FIN CH 93: I I NC 6 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available WORK .: . .. D SS GNED DUE EST DONS < ORDER DATE ASSIGNS .: ,l� . X NO. RAN STS LOCATION : ITEM DESCRIPTION DEPTS. STAFF DATE i( /E I/E COST NO. DONE 133 1 P Northbrook liquor Install lightweight dooclosers PW, FIN MS CH 93 I I 300' 134 1 P Northbrook Liquor provide lever liardwareon doors: PW, FIN MS CH 93 I I 1$0 135 1 R Northbrook Liquor Accommodate employee needs on per request basis FIN CH on demand I I NA 136 1 P Northport Park Provide access. portable restroom facilities at ea. end REPLACE I EXS7NCr W /ACCSS PW, REC DP AM 93 I E 216' 137 1 P Northport Park Provide accessible path of travel leading to tennis court :& modify the entry. PW DP 93 I E INCU# 138 I' 93 -09 138 1 P Northport Park Provide path of travel leading to both portablerestroomfaclttreS PW DP 93 I E 11,829 93 -09 139 1 P Northport Park Providecrushed limestone path to ball held & irtcorporatewheelchair viewing, positions PW DP 93 _I E INC11#13$ 93 -09 140 1 P Northport Park Provide path of travel to picnic area PW DP 93 I E INCU #138 93 -09 141 1 P Northport Park Upgrade 10% of picnic 01A porafe extettstons PW DP E 70Q 141a 1 P Northport Park Upgrade play structurewtth resilient surface and adaptive play equipment PW, REC SK AM 93. `.: I E 28,12.6 142 1 ST Northport Park Ramp entra nce leading Into shelter butldt`tg PW DP 93. s I I NC 143 1 ST Northport Park Provide elevated sand box or rettiovea 36" sectton of conctetecutb Bl ING R> BUIX PW, REC DP AM 144 1 ST Northport Park Install grab bail at toilet PW DP 140 145 1 P West Palmer Park Repaix of replace existing curb cut to presvrde saferdcsigtt PW SK MM 93 I E 725 93 -09 146 1 P West Palmer Park Add van accessible stall PW DP : 93 I I 1NCIJ #1 147 1 P West Palmer Park Provide Crushed IimesronC pathzo ball fields &wheelchatrviewtng postu4nS PW DP 93 :> I E 16,$14 93 - 09 148 1 ST West Palmer Park Provide accessible path and entryto tenriis court PW DP 93 : I E INCU #147 93 -09 149 1 ST West Palmer Park Provide accesstble patl`of travelao basketball court PW DP 93. I E INCL/ #147 ! 93 -09 150 1 ST West Palmer Park Upgrade 10% of picnic tables PW DP 94 I 1 700 151 1 ST West Palmer Park Add grab bars in thewarming house restroom PW DP 94 I I 140 152 1 LT West Palmer Park Upgrade play structure with resilient surface & adaptive play equipment PW, REC SK AM CIP /94 I E 40,000 153 2 P Brookline Park Install appropriate signage on accessible restroom doors rh shelterbt ldmg PW DP 93 . I I 30' 7 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Ranldngs 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available COST WORK WORK DATE _ ,A.SSXGN�I7 SST < : DONS ORDER NO. :RAN <STS LOCATION . > , COST ITEM DESCRIPTION DEPTS. STAFF NO. DONE DATE I UE ! I/E' 154 2 P Brookline Park Provide accessible portable restroom facility (REPLACE EXISTING W /ACCESS.) PW, REC DP AM 94 I I 54/M0 155 2 P Brooklane Park Provide l ever Hardware oti shelt building er<tiyand restroom doors; PW DP 93 I I 210 156 2 P Brookline Park Provide accessible parking stall PW DP 94 I I INCI) #1 157 2 ST Brooklane Park Add accessible path of travel leading from surface parking to shelter bldg & play structure PW DP 94 I E 12,200 158 2 LT I Brooklane Park Upgrade play structurewith resilient surface & more adaptive play equipment PW, REC SK AM CIP I E 40,000 159 2 P East Palmer Park Provide crush limestone path leading to ball field &wheelchair viewing positions PW DP 94 I E 6,000 160 2 P East Palmer Park Provide accessible portable restroom facility (REPLACE EXISTING) PW, REC DP AM 94 I E 54/MO 161 2 P East Palmer Park Addy accessible parking stall and sign :: PW DP 93 !.. I E INCIJ #1 162 2 ST East Palmer Park Upgrade curb eat tocatedadlacent to paritIng lot PW SK MM 93 I E 825; 93 -09 163 2 ST East Palmer Park Bevel shelter building entrance PW DP 1 1 94 I I CIP 164 2 ST East Palmer Park At such time parking lot is re 00,6d,wtden extsGng designated accessible stalls; PW DP 43 I I LNCII #2 165 2 ST East Palmer Park Add grab bars in warming house restroom PW DP 94 I I 140 166 2 LT East Palmer Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP /96 I E 40,000 167 2 P Eugene Hagel Arboretum Remove gate at gate erittance leading intoarboreEiim PW DP 93 I I NC 168 2 P Eugene Hagel Arboretum Add 2 add itronal bencfies and wheelchairaesting positions PW DP 93. I I 1,850 1691 2 ST Eugene Hagel Arboretum Monitor & maintain existing asphalt path to insure no gap or rise greater than 112" PW DP 94 I I 3,000 170 2 ST Eugene Hagel Arboretum Provide connecting path of travel leading from parking lot to Kylawn Park PW DP 94 I I E INCl/ #169 171 2 ST Eugene Hagel Arboretum Remove the weeds and patch any gaps or rises greater than 1/2" at northeast curb cut PW DP 94 I NC 172 2 ST Eugene Hagel Arboretum When restripitg the pa rking lot, provides i3' wide stall PW DP 173 2 LT Eugene Hagel Arboretum Reconstruct curb cuts to provide safer design PW SK MM 94 I E 1,700 I 1 O liable restroom facility OR 4 500 TO BUILD) PW 34/M Provide accessible r $ 174 2 P Firehouse Park > REC DP AM 94 E Po Y 175 2 P Firehouse Park Instill amb bars insbetterbuilding/warming licai �nrestroom PW DP 93 I I 140' 8 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term. R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available _. COST WdRK WORK ORDER DATE... _ >. ASSIGNED ASSIGNED hCJE E S I` DONS O __ NO. AN LOCATION ITEM .IDESCRIPTIfJN : DEPT STAFF DATE I/E I/E COS NO. DONE 176 2 P Firehouse Park Provide crushed limestone path to ball field & incorporate wheelchair viewing positions PW DP 94 I E 3,000 177 2 ST Firehouse Park Provide path of travel leading to bench seating PW DP 94 I E INCU #176 178 2 ST Firehouse Park Upgrade curb cuts located at both east &west parking lots to provide safer design PW SK MM 94 I E 1,700 179 2 LT Firehouse Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP /96 1 E 40,000 180 2 P Freeway Para: Add ',designated accessible parkii g stall in west lot PW DP 93 I I INCL #1 -P 181 2 P Freeway Park Reposition picnio tables underneath piortic shelter and provide table lop extensions PW DP 93 I I 400 182 2 ST Freeway Park Upgrade curb cut at both east and west parking lots PW SK 94 I E 1,700 183 2 ST Freeway Park When restriping parking tot, restripe designated acsble prkrig stalls to provide 23'wide stall PW DP 93 I I INCU #I 184 2 ST Freeway Park Provide accessible path of travel to basketball court, ball field, and bench seating PW DP 94 I E 2,300 185 2 ST Freeway Park Provide wheelchair viewing positions adjacent to bench seating PW DP 94 I E INCI./ #184 186 2 LT Freeway Park Upgrade bothplay structures with resilient surface & mare adaptive play equipment PW, REC SK AM 93 I E 28,000' 187 2 P Garden City Park Provide signage at testroom entry indicating restroom are accessible;! PW DP 93 I I 40'. 188 2 P Garden City Park Provide accessible portable restroom facility PW, REC DP AM 94 I E 134/MO 189 2 P Garden City Park Provide IevbF liatdware on Shelter buildlrig entrydoorand.restroom entry doors PW DP 93 190 2 ST Garden City Park Restripe packing lot toprovidc 13' wide stall when parking lot is restrped PW DP 93.::: I I INCLJ #1 191 2 ST Garden City Park Provide raised sand table or remove 36" section of concrete curb PW DP 94 I I INCU #193 192 2 ST Garden City Park Provide path of travel to shelter building PW DP 94 I E 1,000 193 2 LT Garden City Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP /95 I E 40,0001 1 194 2 P Kylawn Park Jtepositlou existing designated accessibleparking stall to locate adjacent to curb cut PW DP 93 I E INCJ/ #1 195 2 P Kylawn Park Cross— hatcha 5 wide ace aisle in front of existing curbcpt PW DP 93 I I INCLj #1 '> 196 2 P Kylawn Park Provide accessible portable restroom facility REPLACE EXISTING PW, REC DP AM 94 I E 54/MO 1971 2 P Kylawn Park Upgrade tennis court entry to provide accessibility PW DP 94 I I 11 NC 9 • i JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available COST WORK WORK ASSIGNED ASSIGNED DYJTa EST. ORDER DATE xxx O (1_ O E NO: RAN STS LOCATION ITEM DESCRIPTION DEPTS STAFF DATE T/E 1JE' C ST N _ D N 198 2 P Kylawn Park Provide path leading from main asphalt path to ball Gelds & inc. wheelchair viewing positions PW DP 94 I E 10,000 199 2 ST Kylawn Park Upgrade picnic area PW DP 94 I I 5,200 200 2 ST Kylawn Park Provide access into shelter building PW DP 94 I I INCU #198 201 2 LT Kylawn Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM 94 I E 40,000 0' 2 P Willow Lane Park Provide accessible entrance into tennis courts PW DP 94 I I INCU #204 203 2 P Willow Ian,, Park Provide accessible portable restroom facility PW, REC DP AM 94 I E 54/MO 204 2 P Willow Lane Park Add path of travel to connect tennis court, play structure & bench seating PW DP 94 I E 5,600 205 2 ST Willow Lane Park Add path of travel leading to bench seating adjacent to play structure PW DP 94 I E INCU #204 206 2 ST Willow Lane Park Replace phone located in shelter building/warming house PW DP 94 I E NC 207 2 ST Willow Lane Park Add grab bar in restroom adjacent to toilet in warming house /shelter building PW DP 94 I I 140 208 2 ST Willow Lane Park Upgrade 1090 of picnic tables PW DP 94 I 1 700 209 2 LT Willow Lane Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP /94 I E 40,000 2101 3 P Bellvue Park Desrgnai ,,accessiblepakingstalt PW DP I 93..; I I INCU #i 211 3 P Bellvue Park Provide wheelchair viewing positions adjacent to spectator seating at ball Geld PW DP 94 I INC11#213 212 3 P Bellvue Park Provide accessible portable restroom facility PW, REC DP AM 94 I I 54/MO 213 3 P Bellvue Park Provide crushed limestone path to ball field PW DP 94 I 5,600 214 3 ST Bellvue Park Provide connecting path from basketball court to asphalt path leading throughout park PW DP 94 I INCU #213 215 3 ST Bellvue Park Add grab bars at restroom located within shelter building PW DP 94 I I 140 216 3 LT Bellvue Park Upgrade play structurewith resilient surface & more adaptive play equipment PW, REC SK AM CIP /95 I E 40,000 217 3 LT Bellvue Park Implement upgrades to shelter building PW SK CIP /95 E E CIP 218 3 P Municipal Garage Designate 1 accessible parking stall at either the front or rear entrance PW [ !S � K P 94 I I INCU #1 219 3 P Municipal Garage Provide curb cut leading from accessible parking stall to entrance PW MM 94 I E 2 500 10 0 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available ASSIGNED ;ASSIGNED U EST :; DONI± ORDER DATE t9T NO_ RAN STS Lf3CATION ITEM :DESCRIPTION DEPTS. STAFF Cos DATE I/E I/E T _ BONE 220 3 P Municipal Garage Provide lever hardware on drs leading into building @ both rear & frnt entry & vestibule drs PW DP CIP I E 221 3 P Municipal Garage Provide accessible restroom facility (either unisex or upgrade M and F restrooms ) PW, CD SK CL on demand 222 3 R Municipal Garage Upgrade all other areas per employee requestwhen disability PW SK on demand ? 223 3 P Happy Hollow Park Stri designated accessible rking stall Eo provide a 13' wide stall PW DP 93 I I INCU #I 224 3 P Happy Hollow Park Ramp the shelter building entrance PW, CD DP CL 1 94 I I CIP 225 3 P Happy Hollow Park Provide accessible portable restroom facility PW, REC DP AM 94 I E 54/MO 226 3 ST Happy Hollow Park Add path of travel leading to ball field PW DP 94 I E 1,300 227 3 LT Happy Hollow Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP I E 40,000 228 3 LT Happy Hollow Park Upgrade restrooms to provide full accessibility PW, CD SK CL CIP E E CIP 229 3 LT Marlin Park Add firm, stable, slip resistant path of travel from street to play structure PW, REC SK AM 94 I tE 5,600 230 3 LT Marlin Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP I 40,000 231 3 P Orchard Lane Park Provide accessible portable restroom facility PW, REC DP AM 94 54 /MO 232 3 ST Orchard Lane Park Upgrade 10 of picnic tables PW DP 94 I I 700 233 3 ST Orchard Lane Park Provide connecting path leading from main asphalt path to basketball court PW DP 95 I E 3,000 234 3 ST Orchard Lane Park Provide connecting path in wheelchair viewing positions to ball field PW DP 95 I E INCU #233 235 3 ST Orchard Lane Park Add grab bars in shelter building restroom PW DP 94 I I 140 236 3 LT Orchard Lane Park Upgrade play structurewith resilient surface & more adaptive play equipment PW, REC SK AM CIP I E 40,000 237 3 LT Orchard Lane Park Upgrade shelter building PW, CD SK CL CIP E E CIP 238 3 P Palmer Lake Nature Area Add signage at entrance of each trail indicating length, slope, surface PW DP 95 I I 140 239 3 P Palmer Lake Nature Area Add intermediate bench seating along all trails PW DP 95 I I 1,000 240 3 P Palmer Lake Nature Area Provide bench adjacent towater s edge so people can sit &watch the wildlife PW DP 95 I I 200 241 3 ST Palmer Lake Nature Area When parking lot is restriped, restripe existing designated accessible parking stall PW DP 93 I I INCU #1 11 JUNE 23, 1993 CITY OF BROOKLYN CENTER ADA TRANSITION PLAN RANK: Priority Rankings 1, 2, and 3 STS = STATUS: P = Proactive ST = Short Term LT = Long Term R = Reactive COST ESTIMATE AND WORK DONE: I = In house E = External COST: INCL = Included in another item NC = No charge or cost absorbed in regular projects N/A = Not available _.. FWORK _ ASSIGNED >ASSIOhIED DUE EST. > DONE ORDER DATE E I E COST N O. DONE NO. RAN STS LOCATION .:.ITEM DESCRIPTION DEPTS. STA FF DATE. U / 242 3 LT Palmer Lake Nature Area Reconstzuctexistingcuibcuttoprovtdesaiezdesign PW SK MM 93.' . I E 723: 93 -09 243 3 LT Palmer Lake Nature Area Consider crushed limestone trail in place of existing nature trail PW DP 95 I I 25,500 244 3 ST River Ridge Park Provide accessible outhouse if vandalism will not be a problem PW, REC DP AM NA (HENNEP N PARKS) NC 245 3 LT River Ridge Park Provide paved parking lot PW DP CIP ? 246 3 1 P I Riverdale Park Install path to connect Dallas St. to path surrounding shelter building PW DP 95 I E 900 247 3 P Riverdale Park Provide accessible portable restroom facility PW, REC DP AM 94 1 E 134/140 248 3 P Riverdale Park Provide crushed limestone path of travel leading from Dallas St. to ball field PW DP 95 I E 2,625 249 3 LT Riverdale Park Upgrade play structure with resilient surface, adaptive play equipment, accessible entrance PW, REC SK AM CIP I E 40,000 250 3 LT Riverdale Park Ramp entrance leading into shelter building PW, CD DP CL 94 I I CIP 251 3 LT Riverdale Park Replace interior door hardware of shelter building with single effort operation hardware PW DP 94 I 1 CIP 2521 3 P Win Beach Park Reposrtron designated accesstble parking :stalls s4 it s �djace it to cuzli cut PW DP 93. I I INCL! #1 253 3 P Twin Beach Park Cross — hatch access aisle located rn fronti of curb cut PW DP 93 I I 1NCl/ #1 254 3 P Twin Beach Park Provide accessible portable restroom facility PW, REC DP AM 94 I E 54/140 255 3 ST Twin Beach Park Provide path of travel leading to basketball court and play structure PW DP 95 I E 3,960 256 3 ST Twin Beach Park Provide grab bars at toiletwithin shelter building PW DP 94 1 I 140 257 3 ST Twin Beach Park Ramp entrance leading into shelter building and widen entry door PW, CD DP CL CIP I I CIP 258 3 LT Twin Beach Park Upgrade play structure with resilient surface & more adaptive play equipment PW, REC SK AM CIP I E 40,000 259 3 ST Wangstad Park Provide path of travel leading to bench seating PW DP 95 I E 550 260 3 ST Wangstad Park Provide path of travel to basketball court PW DP 95 I E 500 261 3 LT Wan stad Park Upgrade play structurewith resilient surface & moreada tive play equipment PW, REC L CIP 1 E 40,000 12 CITY OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF RECOMMENDATION TO CREATE THE POSITION OF IMS TECHNICIAN WITHIN THE PUBLIC WORKS DEPARTMENT DEPT. APPROVAL: . , )w - %)"� . Sy app, Director of Public' Works " MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Yes The Public Works Department has over the past several months been working to automate the record keeping for various functions to improve efficiency and provide better management information. We have acquired and are in the process of building a database for a sanitary and storm sewer facilities manager (commonly known by its manufacturer's name, "Hansen "). We have contracted with Braun Intertec, Inc. to provide us with a Pavement Management Program database. Both of these applications are very powerful, and will provide us with detailed information necessary to do the best job of maintaining our infrastructure in the most cost - effective manner. Other Public Works functions have also been automated, including the inventory of over 1100 signs and pavement markings, and the detailed, daily time card and labor diaries. It is anticipated that in 1994 we will be implementing a Central Garage Internal Service Fund. (More detailed information regarding implementing this Fund will be presented to the council in July.) Brooklyn Center currently utilizes LOGIS' VMS (Vehicle Management System) to track vehicle operations costs. We are in the process of evaluating the capabilities of this VMS compared to other, stand alone PC packages. It is possible that in order to meet the expanded management needs of a Central garage we may need to purchase a new VMS program. Conversion to a new system would require considerable up front work. While we have always attempted to operate the Public Works Department efficiently, the budget concerns of the past few years have caused us to look at ways by which we can have even greater understanding of and control over costs. Automation is a crucial part of our strategy. A program -based budget, which we have already discussed with the Council, is another component. Need For Staffing Reorganization at the City Garage To properly implement and manage the Central Garage, and to maintain the PMP, Hansen, and other automated applications, a person with greater data processing expertise is needed. Day to day operations of the shop (answering phones, dispatching, purchasing, inventory, maintaining VMS and fuel systems, etc.) are currently managed by a full time Public Works Dispatcher and a part -time clerk. It is recommended that some support staffing at the Garage be reorganized: upgrading the position of Public Works Dispatcher to a full time IMS (Information Management Systems) Technician, and the part time clerk to a full time clerk. Attached to this item are "Request for Additional Personnel" forms providing more information regarding the job duties for the IMS Technician position. The person who currently fills the position of Public Works Dispatcher intends to retire within the next several months. It is proposed to retain the Dispatcher position until that time. However, we recommend that the IMS position be approved at this time, so the recruitment process can begin. We believe it is crucial that there be as much "overlap" as possible so that the Dispatcher can pass along his considerable knowledge of operations. Once the IMS Technician would be on board, the part time clerk position would no longer be necessary, which would result in a savings to the General Fund. On the retirement of the Dispatcher, the full time clerk position would be filled. Costs and Funding • There is currently a vacant position in the Public Utilities Division. This vacancy was created when the Public Utilities Supervisor was promoted to Public Works Superintendent, and one of the public utilities crew was promoted to Public Utilities Supervisor. One of our overwhelming data processing needs is someone to develop a plan for and participate in fully implementing the Hansen public utilities program. We believe that it would be appropriate to use this vacant position for the IMS Technician for the remainder of 1993. Once the Central Garage Internal Service Fund is established and operations begin, the IMS Technician position would become the lead person for day to day operations, and would become an employee of that fund. The fund would be reimbursed by the General Fund for what we estimate would be the 25 -30 percent of their time providing support to General Fund programs. At this time we are in the early stages of developing a position description, but we believe that this position's maximum grade in the non - exempt pay plan would be N35C. At 1993 rates, this would be a maximum approximate yearly salary of $39,000. We also recommend that an additional PC be purchased for this position, at an estimated cost of $3,000. Because Finance Department policies recommend that funding for fixed assets not be split between funds, we recommend that the PC be purchased from the sanitary sewer fund. If this position is approved at this June 28, 1993 meeting, the earliest we might expect to have this person on board would be about September 1. Four months • salary plus fringe benefits would total about $15,500. It is appropriate that the Sanitary Sewer Utility provide funding for this position, since the bulk of the start -up work would be regarding the Hansen program. RECOMMENDED CITY COUNCIL ACTION A resolution amending the 1993 pay plan and approving the creation of the IMS Technician position is provided for Council consideration. qb � Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AMENDING THE 1993 PAY PLAN WHEREAS, City of Brooklyn Center Resolution No. 92 -287 sets wages and salaries for calendar year 1993; and WHEREAS, the Director of Public Works has recommended some reorganization of staffing at the Public Works Garage to meet data processing and information management needs; and WHEREAS, the Director of Public Works has recommended that a vacant position in the Public Utilities Division be used to create a new position entitled IMS Technician, to be funded in 1993 from the Sanitary Sewer Fund; and WHEREAS, the Public Works Director recommends that a PC be purchased for the new positions, at an estimated cost of $3,000, to be funded from the Sanitary Sewer Fund; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The 1993 pay plan Schedule D is hereby amended to add an IMS Technician, grade and wage range N31A - N35C, $15.38 - $18.71 per hour. 2. Said position shall be funded from the Sanitary Sewer Utility Fund. 3. The purchase of a personal computer, at an estimated cost of $3,000, is hereby authorized. All costs associated with this purchase shall be funded from the Sanitary Sewer Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER GENERAL FUND BUDGET REQUEST FOR ADDITIONAL PERSONNEL 1. Department Activity: Vehicle Maintenance 2. Department Activity Number: 143 3. Object Number: 4100 4. Position Title: IMS Technician 5. Number Required: 1 6. Salary: From $ To $ per 7. Grade Range: From To N35C Maximum 8. lst Year Cost: 1993: $15,500 - Sanitary Sewer Fund 1994: $47,520 - 50 % Central Garage, 15 % Water, 15 % Sewer, 20 % Gen Fund 9. Indicate Need for Position(s) (x) New Operation (x) Expanded Services (x) Increased Work 10. List below the job duties to be performed in the requested position(s). (See attached) 11. Specify how the above listed job duties are currently performed. (See attached) 12. Explain the need for this position in detail. (See attached) 13. Additional cost associated with requested position(s): Contractual Services $ Supplies $ Capital Outlays $3,000 PC City Manager's Comments: IMS Technician 10. List the job duties to be e ormed in the requested position . P � s q P �) ■ Under the supervision of the Public Works Superintendent, manage Central Garage, including • Coordinate preventative maintenance program • Maintain fuel and parts inventory in a cost - effective manner • Assist in developing and maintaining vehicle rental schedules • Maintain vehicle and equipment replacement schedules • Prepare monthly financial reports • Provide management reporting • Assist in the preparation of the annual Internal Service Fund budget • Coordinate with Finance Department ■ Maintain the Public Utilities facilities database, including • Develop long -term plan for data input • Train new users • Provide management reporting • Provide monthly financial reports • Coordinate with Utility Billing • Provide data input as necessary ■ Maintain the Pavement Management Program database, including • Coordinate long -term plan for data input with Engineering • Develop plan for and maintain detailed cost records • Assist in management reporting • Provide training and data input as necessary ■ Coordinate other data processing applications, including • General data processing support • Automated purchasing • Time cards • Sign inventory • Future tree inventory • Future buildings and grounds maintenance program • Financial system lookups • Maintain water utility SCADA system • Maintain sanitary sewer utility INTRAC system • Assist in updating the Capital Improvement Program (CIP) ■ Provide administrative support • Supervise clerk • Manage purchasing, receiving, bill pay for garage • Provide special reports, studies, etc. as requested by Superintendent, Supervisors 11. Specify how the above listed job duties are currently performed. Many of these duties are new, or are activities which need to be expanded beyond current levels. Some of these are currently performed by the Public Works Coordinator on an as- time -is- available basis. Some are currently performed by the Public Works Dispatcher. 12. Explain the need for this position in detail. To properly implement and manage the Central Garage, and to maintain the PMP, Hansen, and other automated applications, the Public Works Department recommends that some support staffing at the Garage be reorganized. Day to day operations of the shop (answering phones, dispatching, purchasing, inventory, maintaining VMS and fuel systems, etc.) are currently managed by a full time Public Works Dispatcher and a part -time clerk. It is recommended that the position of Public Works Dispatcher be upgraded to a full time IMS (Information Management Systems) Technician, and that the part time clerk be upgraded to a full time clerk. Specifically, the position is needed to provide: • Greatly enhanced vehicle and equipment cost information. This information is currently limited to an inventory (for example, it cost x dollars to operate vehicle y in 1992). There is currently very little management -type reporting, such as comparisons of the operating costs of different makes of police vehicles, or of the cost effectiveness of certain types of mowers. This deficiency is due mainly to lack of sufficient staff time but also to limited capabilities of the current VMS. While LOGIS has been enhancing this system, these enhancements have been available only recently. This information is necessary to evaluate the cost effectiveness of 1) our shop operations, 2) our maintenance policies and procedures, and 3) our capital outlays. • Central Garage capability. A Central Garage, in which the true cost of acquiring, maintaining, and replacing equipment is charged out to individual departments as rental charges, is necessary to fully and accurately describe the costs of providing a service. For example, the cost of labor to sweep streets does not reflect the cost of acquiring, maintaining, and eventually replacing expensive sweepers and dump trucks. • Coordination of data processing activities. The Public Works Department is in the midst of computerizing most of its functions. A public utilities facilities data base has already been acquired for the sanitary and storm sewer systems, with plans to acquire a second module covering the water system. A pavement management program has been in development for the past several months, with a completed version expected in Fall, 1993. The sign inventory has been computerized. The timecard system has been computerized. Future applications include a tree inventory for park and city- owned boulevard trees, and a buildings and grounds maintenance program covering park and public utility buildings and grounds. • The Finance Department will be decentralizing some functions. Individual departments will now be responsible for the computerized purchase order system, and for financial system lookups. The new Utility Billing system will include reporting capabilities that will be of interest to the Public Utilities maintenance supervisor. Supervisors will be responsible In addition, electronic mail and scheduling will soon be available on the City's network. • Additional reporting and data gathering requirements will result in a need for additional staff assistance. For example, it is necessary to keep more detailed track of materials used in street maintenance to ensure that maintenance costs in the Pavement Management Program are accurate enough to make long -term projections of need. Many of these activities are new or are expanded beyond the current level of service. These activities cannot be provided with the current level of staffing. CITY OF BROOKLYN CENTER Council Meeting Date 6/28193 Agenda Item Numbe 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1992 ANNUAL REPORTS FROM THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND THE WEST MISSISSIPPI WATERSHED COMMISSION DEPT. APPROVAL: Sy Knapp, Dir for of Public Works MANAGER'S REVIEW/RECOMMENDATION: j No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Submitted herewith are the 1992 Annual Reports of the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Each report summarizes the activities completed by the Commission during 1992, the 1993 work plan, a financial report, and other information. Staff will be prepared to discuss these reports at the 6/28/93 Council meeting. RECOMMENDED CITY COUNCIL ACTION • Review • Discuss • Acknowledge receipt of these reports (by motion). r SEO BROOKLYN PARK SHINGLE CREEK WATERSHED BROOKLYN CENTER NEW HOPE PLYMOUTH CRYSTAL ROBBOMALE MINNEAPOLIS Shingle Creek Watershed Management Commission 1992 Annual Report April 1993 MONTGOMERY WATSON i SCWMC 1992 Annual Report TABLE OF CONTENTS PAGE ACTIVITY REPORT Introduction............................................................................ ............................... 1 A. Board of Commissioners .................................................. ............................... 1 B. Consultants ....................................................................... ............................... 1 C. Summary of Goals/Objectives and 1992 Activities ......... ............................... 1 Goalsand Objectives ................................................. ............................... 1 Summary of 1992 Commission Activities ................. ............................... 3 D. Projected Work Plan for 1993 .......................................... ............................... 4 E. Project Reviews ................................................................ ............................... 4 F. Water Quality Monitoring Data ...................................... ............................... 7 G. Status of Local Plans ....................................................... ............................... 10 H. Written Communications ................................................. ............................... 10 I. Interest Proposals for Professional Services .................. ............................... 10 J. Assessment of Changes in Fund Balances ...................... ............................... 10 K Status of Wetland Banking Program .............................. ............................... 10 FINANCIAL REPORT Introduction............................................................................ ............................... 13 A. Approved Budget .............................................................. ............................... 13 B. Revenues ........................................................................... ............................... 13 C. Expenditures .................................................................... ............................... 14 D. Audit Report ..................................................................... ............................... 14 i SCWMC 1992 Annual Report ACTIVITY REPORT Introduction This annual activity report has been prepared in accordance with the Annual Reporting Requirements of Minnesota Rules Chapter 8410.0150, Subpart 3. The information presented in this section summarizes the Commission's activities for 1992 and corresponds with the 11 items listed under Subpart 3 of the Rules. The Shingle Creek Watershed Management Commission (Commission) was formed in 1984 under a Joint Powers Agreement between the nine cities having land within the Shingle Creek Watershed. The nine cities include Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale. Regular Commission meetings are held at 12:45 pm on the second Thursday of each month at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park. The Shingle Creek Watershed Management Plan was approved by the Board of Water and Soil Resources on April 25, 1990 and adopted by the Commission on May 3, 1990. A. Board of Commissioners The Commission is governed by a nine - member board comprised of representatives (Commissioners) from each member city. Commissioners are appointed by member cities for a term of three years. Commissioners from Osseo, Plymouth, and Robbinsdale whose terms expired at the end of 1992, were reappointed on February 11, 1993. Gene Hakanson and Fran Hagen, Sr. served on the Commission during 1992 as representatives from Osseo and Robbinsdale, repectively. The names of current Commissioners, city represented, address, and telephone number are listed on the next page. B. Consultants The Commission currently retains the services of the following consultants: • Montgomery Watson, Technical Services • Curt Pearson, Legal Services • Judie Anderson's Secretarial Services Inc., Administrative Services Names, addresses, and telephone numbers of each consultant are also provided on the next page. The Commission has no employees. C. Summary of Goals/Objectives and 1992 Activities Goals and Objectives The water management objectives developed by the Commission and included in Section IV of the Watershed Management Plan include the following: • Develop hydrologic systems along with a water- related land use planning process to accommodate existing and adopted land use plans within municipalities. 0 • Preserve and use natural storage and retention areas to maintain and improve the hydrologic systems within the watershed. -1- SCWMC 1992 Annual Report 2 -11 -93 SHINGLE CREEK WATERSHED MANAGEMENT CONDMRON Commissioners Sy Knapp, Treasurer Mark Hanson City of Brooklyn Center City of New Hope 6301 Shingle Creek Parkway c/o Bonestroo & Associates Brooklyn Center, Minnesota 55430 2335 W. Highway 36 Phone 569 -3331 St. Paul, Minnesota 55113 Phone 636 -4600 Gary Brown Dick Fursman City of Brooklyn Park City of Osseo 5200 85th Avenue North 415 Central Avenue Brooklyn Park, Minnesota 55443 -4300 Osseo, Minnesota 55369 Phone 4248000 Phone 425 -2624 William Monk, Vice - Chairman Fred Moore, Chairman City of Crystal City of Plymouth 4141 Douglas Drive 3400 Plymouth Blvd. Crystal, Minnesota 55422 Plymouth, Minnesota 55447 Phone 537 -8421 Phone 550 -5080 Gerry Butcher, Secretary Troy Gamble City of Maple Grove City of Robbinsdale 9401 Fernbrook Lane 4221 Lake Road Maple Grove, Minnesota 55369 Robbinsdale, Minnesota 55422 Phone 420 -4000 Phone 537 -4534 Perry Damon City of Minneapolis 309 Second Avenue South - 3rd Floor Minneapolis, Minnesota 55401 -2268 Phone 673 -2405 Staff Secretary Engineer Judie Anderson Dale Claridge Shingle Creek WMC Montgomery Watson 3001 Harbor Lane - Suite 150 545 Indian Mound Plymouth, Minnesota 55447 Wayzata, Minnesota 55391 Phone 553 -1144 Phone 473 -4224 Attorney Curt Pearson Wurst, Pearson, Larson, et. al. 1100 First Bank Place West Minneapolis, Minnesota 55402 Phone 338 -4200 _2_ SCWMC 1992 Annual Report • Reduce, to the greatest extent practical, the public capital and maintenance expenditures necessary to control excessive volumes and rates of runoff. • Maintain or improve both surface water and groundwater quality. • Prevent and control flooding damage. • Control erosion and sedimentation. • Promote groundwater recharge • Protect and enhance water- related fish and wildlife habitats. • Protect and enhance opportunities for water recreation. • Coordinate and communicate the relationships between municipalities, agencies and citizens which affect water management within the watershed. Summary of 1992 Commission Activities Below is a summary of the work effort undertaken by the Commission in 1992 in meeting the above goals and objectives. • Reviewed 13 projects within the watershed in accordance with the management standards and policies of the Commission (see Section E). • Prepared and distributed updated National Wetland Inventory Maps to each member. city. • Prepared Suggested Guidelines for Stormwater Treatment Pond Design. • Prepared Interim Wetland Management Policy in accordance with Wetland Conservation Act for managing wetlands within the watershed during the interim period. • Prepared summary of Commission's current management policies including standards, resolutions, etc. • Prepared status report on local water management plans. • Prepared report on existing water quality data for Twin Lakes. • Performed additional hydraulic analysis for potential weir modification at the outlet of Twin Lakes. • Identified potential water quality projects that the Commission may wish to undertake in the future. • Conducted 1992 Water Quality Monitoring Program and prepared final report. • Reviewed and commented on the Draft Hennepin County Groundwater Plan prepared by the Hennepin Conservation District. -3- SCWMC 1992 Annual Report • Prepared a storm drainage map for the area draining to the Twin Lakes/Ryan Lake Basin showing drainage boundaries, storm sewer lines, channels, pump stations, ponds, and wetlands. D. Projected Work Plan for 19M The Commission's projected work plan for 1993 is as follows: • Continue to review projects within the watershed in accordance with the management standards and policies of the Commission. • Provide technical assistance to cities in preparing their local plans and review plans submitted for conformance with the Shingle Creek Watershed Management Plan. • Conduct water quality projects as selected by the Commission. • Encourage cities to implement regional ponding facilities wherever feasible to treat stormwater runoff. • Review current management standards for land development and redevelopment projects within the watershed, evaluating requirements for ponding, temporary sediment and erosion control, etc. to see if any modifications are necessary. • Work with other governmental agencies such as the BWSR, DNR, Corps of Engineers, Met Council, Hennepin County, and other WMOs towards a common goal of protecting water resources and improving water quality within the watershed. • Assist the City of Robbinsdale in the design and implementation of the proposed - modifications to the outlet of Twin Lakes. • Continue to work with the HCD in developing a workable groundwater plan for Hennepin County. • Continue to serve as the LGU for administering the Interim Program under the Minnesota Wetland Conservation Act unless member cities elect to serve as the LGU. E. Project Reviews The Commission reviewed 13 projects in 1992. These projects included commercial land development, multi- family housing, development within a 100 -year floodplain, trunk storm sewer improvements, and a groundwater recovery and treatment system. Refer to the following project review log and map for descriptions and locations of these projects. No variances were granted during fiscal year 1992, however, a variance was granted to the North Memorial Medical Center on March 11, 1993 for Project Review SC 92 -12 which was originally reviewed by the Commission on November 12, 1992. Projects are reviewed in accordance with the management standards and policies of the Commission and recommendations are made to the member city in which the project is located. It is the cities responsibility to enforce the Commission's recommendations to ensure that natural resources are protected and water quality improvements are implemented. -4- 3/30/ INAL SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 1992 PROJECT REVIEW LOG PROJECT DATE SCWMC NO. RECEIVED OWNER MUNICIPALITY PROJECT DESCRIPTION REVIEW SC 92 -1 12 -18 -91 TARGET STORES T -3 CRYSTAL GROUNDWATER RECOVERY AND TREATMENT SYSTEM 1 -09 -92 SC 92 -2 1 -15 -92 CITY OF CRYSTAL CRYSTAL TRUNK STORM SEWER IMPROVEMENTS 2 -13 -92 SC 92 -3 1 -30 -92 MENDOTA, INC. MAPLE GROVE MAPLE GROVE CLINIC 2 -13 -92 SC 92-4 5 -05 -92 CITY OF ROBBINSDALE ROBBINSDALE SHORELINE DRIVE RECONSTRUCTION PROJECT 6 -11 -92 SC 92 -5 5 -29 -92 CITY OF ROBBINSDALE ROBBINSDALE CRYSTAL LAKE OUTLET STATION 6 -11 -92 SC 92 -6 5 -27 -92 BLAKE DEVELOPMENT MAPLE GROVE THE TOWNHOMES OF WINTERGREEN a -13 -92 SC 92 -7 8 -04 -92 CITY OF BROOKLYN PARK BROOKLYN PARK LAKELAND AVENUE BOX CULVERT AT SHINGLE CREEK 8 -13 -92 SC 92 -8 8-07 -92 LUPIENT OLDSMOBILE BROOKLYN PARK SATURN OF BROOKLYN PARK&UPIENT ISUZU- SUZUKI 9 -10 -92 SC 92 -9 9-M -92 OWENS - CORNING FIBERGLAS CORPORATION MINNEAPOLIS TRUCK STAGING PARKING LOT 9 -10 -92 SC 92 -10 9 -22 -92 ACM BROOKLYN PARK THE EVERGREENS AT EARLE BROWN FARM 10 -08-92 SC 92 -11 10 -16 -92 NIRMAL JAIN MAPLE GROVE NIRMAL JAIN ADDITION (DEVELOPMENT OF SINGLE FAMILY HOME) 11 -12 -92 SC 92 -12 10 -21 -92 NORTH MEMORIAL MEDICAL CENTER ROBBINSDALE NORTH MEMORIAL MEDICAL CENTER MASTER PLAN (EAW) 11 -12 -92 SC 92 -13 1 10 -30-92 DIMENSION INDUSTRIES, INC I MAPLE GROVE CORPORATE HEADQUARTERS 1 11 -12 -92 cn SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 1992 PROJECT REVIEW MAP 92-6 S 92 /3 oneo SC 92- P KAPIA OROV{ • SC 92 -8 Y00[LTN PAR[ - -1 SC 2 -I1 VVV 1992 PROJECT REVIEWS eq KKE E BROOKLYN CENTER 0 YOO[I.TN BROOKLYN PARK 3 CRNTRR *SC 92- CRYSTAL 2 �Qf 92 1 • MAPLE GROVE 4 MINNEAPOLIS I �.. NEW HOPE 0 p4 OSSEO 0 PLT„ou7m PLYMOUTH 0 92- SC 92 -2 - - -r- ROBBINSDALE 3 - TOTAL 13 NNW HOP[ CRT[r OR[[Nr 2-5� DAL[ SC 901 92 -12 N I ' o u x I SM Ip MM MONTGOMERY WATSON WaWata. Minnesota SCWMC 1992 Annual Report F. Water Quality Monitoring Data 1992 was the third and final year of the Coma ,sion's Comprehensive Stream Water Quality Monitoring Program. The 1992 water ,uality monitoring program included stream sampling twice a month between March ar i October at the 10 sites shown on the next page. Water quality parameters measures at each sampling site included total suspended solids, total phosphorus, biochen —cal oxygen demand, conductivity, temperature, and dissolved oxygen. The Commission's engineer prepared a water quality monitoring report evaluating the results of the 1992 monitoring efforts and comparing data from the previous two years of monitoring. A summary of the 1992 water quality data is provided in the table on Page 9. Copies of the 1992 Water Quality Monitoring Report are on file at the Commission office, Engineer's office, and with each member city. Monitoring information is incorporated into a water quality database for use in water and land use management decisions. The database will guide the Commission in formulating water quality standards in order to evaluate the potential for degradation due to changes in land use. Degradation of water quality in developing parts of the watershed and potential effects of facilities which generate large volumes of stormwater runoff are of particular importance. -7- f ae ' O.L s -s1i "` r•� Sc -SS 1 { SC-S10 I SG -S9"_� 1 SC -S J SC- 13 jj ; J \— r C.S7 J Nu J , •� SC- ti SC -S1 Sc S1 , Tlqure S qV In WWi - dES M. tdONTGOMER' Stream Sampling Sites CC ^.SULTING ENGINEERS. NC. 1 TABLE 2 SUMMARY OF 1992 STREAM WATER QUALITY I SC,91 SGS5 SC-86 SC-87 SC-89 SC -S10 SC-S12 SC-S13 SC-S14 SC-S15 BIOCHEMICAL OXYGEN DEMAND (mg/U Mean 1.8 1.5 1.7 1.7 0.9 0.9 1.0 1.4 0.9 0.9 95% CI 0.6 -5.3 0.4 -6.3 0.4 -6.8 0.4 -6.7 0.3 -3.1 0.3 -2.8 0.2 -3.8 0.4 -4.8 0.3 -3.1 0.2 -3.8 Range 1.0 -6.0 0.5 -6.0 0.5 -7.0 0.5 -5.0 0.5 -2.0 0.5 -3.0 0.5 -4.0 0.5 -3.0 0.5 -4.0 0.5 -4.0 TOTAL PHOSPHORUS (mg/1) Mean 0.11 0.10 0.10 0.11 0.08 0.08 0.08 0.05 0.08 0.15 95% CI 0.04 -0.31 0.06 -0.19 0.05 -0.18 0.02 -0.52 0.05 -0.13 0.04 -0.16 0.03 -0.19 0.03 -0.07 0.03 -0.22 0.06 -0.37 Range 0.07 -0.39 0.06 -0.16 0.06 -0.18 0.01 -0.24 0.05 -0.13 0.04 -0.14 0.04 -0.17 0.03 -0.07 0.04 -0.2 0.06 -0.41 co � TOTAL SUSPENDED SOLIDS (mg/1) Mean 11.4 13.8 11.3 20.0 5.2 3.7 3.9 4.6 4.6 8.5 95% CI 3.2 -40.0 5.7 -33.0 3.9 -32.6 5.4 -73.6 1.5 -17.9 0.5 -28.1 0.6 -27.3 1.1 -19.5 0.8 -25.6 1.9 -37.3 Range 5.0 -58.0 6.0 -28.0 3.0 -24.0 5.0 -62.0 2.0 -22.0 0.5 -18.0 0.5 -13.0 1.0 -12.0 0.5.26.0 3.0 -30.0 DISSOLVED OXYGEN (mg/1) Mean 9.7 8.7 8.2 8.1 7.3 7.4 3.4 7.5 5.7 5.9 95% CI 5.8 -16.3 4.5 -17.0 4.1 -16.2 3.4 -19.6 4.0 -13.6 4.4 -12.2 0.7 -17.2 3.6 -15.6 2.3 -14.3 2.6 -13.2 Range 6.7 -14.2 5.2 -12.6 4.7 -12.0 3.6 -19.6 4.5 -11.3 5.0 -10.6 0.4 -8.7 2.9 -11.8 2.9 -10.6 2.7 -10.6 CONDUCTIVITY (µmhoe%m) Mean 687 721 712 725 741 622 498 445 502 534 95% CI 349 -1,353 386- 1,344 385 -1,319 396 -1,327 403 - 1,361 343 -1,130 314 -791 352 -663 301 -838 303 -940 Range 388 - 1,190 444- 1,200 431- 1,140 441 -1,160 405 -1,210 359 -1,030 335 - 710 355-508 310 -754 329 -860 SCWMC 1992 Annual Report G. Status of Local Plans The Shingle Creek Watershed Management Plan was adopted by the Commission on May 3, 1990. As required in the Plan, each member city is responsible for preparing a local water management plan, capital improvement program and official controls as necessary to bring local water management into conformance with the watershed management plan. After completion, local water management plans are to be submitted to the Commission for review and approval. Current status of the local planning process is provided in the table on the next page. H. Written Communications The Commission is currently preparing its first newsletter for publication this year as required under Part 8410.0100, Subpart 4, Information Program. The newsletter will be distributed to each member city to be made available to the general public. The newsletter will identify Commissioners and their represented cities, provide addresses and telephone numbers, describe the Commission's role in local water management, its goals and policies, when public meetings are held, how the organization is financed, where the watershed management plan can be viewed, and other information relative to the Commission's operations and implementation of its watershed management plan. A copy of this newsletter will be forwarded to the Board of Water and Soil Resources and will be included in next years annual activity report. I. Interest Proposals for Professional Services The Commission published a notice in the State Register on October 21, 1991 requesting interest proposals for professional services for fiscal years 1992 and 1993. A copy of the notice is attached (Page 12). A subcommittee was formed to review and evaluate proposals submitted and provide recommendations back to the Commission. The Commission passed a motion on December 12, 1991 to retain the technical services of Montgomery Watson (formerly James M. Montgomery, Consulting Engineers), legal services of Curt Pearson, and administrative services of Judie Anderson's Secretarial Services Inc. Requests for interest proposals for professional services for fiscal years 1994 and 1995 will be made by the Commission at the end of 1993. J. Assessment of Changes in Fund Balances Details of the Commission's financial activities during fiscal year 1992 including expenditures for each accounting category tracked by the Commission are provided in the Financial Report covered in the next section. The end of the Commission's 1992 fiscal year was January 31, 1993. The overall annual budget for 1992 was $135,000. The Commission's fund balance at the end of 1991 was $46,239.58. Total revenue received in 1992 was $139,170.31. Expenditures for 1992 were $105,510.84. The fund balance at the end of 1992 was $79,899.05. K. Status of Wetland Banking Program The Commission currently serves as the local governmental unit (LGU) for administering the Interim Program under the Minnesota Wetland Conservation Act of 1991 unless member cities elect to serve as the LGU. At this time, the cities of Brooklyn Park, Maple Grove, and Plymouth have notified BWSR and the Commission of their intent to serve as the LGU. An Interim Wetland Management Policy was adopted by the Commission on April 9, 1993. The policy does not include provisions for the banking of wetlands. -10- SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION Status of Local Water Management Plans April 8, 1993 c� Work On Plan Plan Currently Plan Approved co City Not Yet Started Being Prepared By SCWMC Comments Brooklyn Center X Phase I of the plan should be completed by June 1993. Phase Q. II of the plan will be initialized soon after completion of Phase I. b 0 Brooklyn Park X The local plan should be completed by August 1993. Crystal X Work on the local plan is scheduled to begin in the fall of 1993 with plan completion by the fall of 1994. Maple Grove X The local plan should be completed by September 1993. r Minneapolis X Work on the local plan is scheduled to begin by the end of 1993. Applicable sections from the local plan prepared for the Middle Mississippi WMO along with EPA stormwater permitting requirements will be incorporated into the plan. New Hope X The local plan should be completed by January 1994. Osseo X Work on the local plan is scheduled to begin in the summer of 1993 with plan completion by the end of 1994. Plymouth X City is waiting for the Minnehaha Creek Watershed Plan to be approved by BWSR, at which time Plymouth will begin preparing their local plan. MCWD estimates that their watershed plan should be approved by BWSR during the summer of 1993. Robbinsdale X The local plan should be completed by the end of 1993. Non -State Public Contracts The State Register also serves as a central marketplace for contracts let out on bid by the public sector. The Register meets state and federal guidelines for statewide circulation of public notices. Any tax- supported institution or government jurisdiction may advertise contracts and request.-. for proposals from the private sector. It is recommended that contracts and RFPs include the following: 1) name of contact person: 2) institution name, address, and telephone number: 3) brief description of project and tasks, 4) cost estimate: and 5) final submission date of completed contract proposal. Allow at least three weeks from publication date (four weeks from date article is submitted for publication). Surveys show that subscribers are interested in hearing about contracts for estimates as low as $1.000. Contact the editor for further details. Shingle Creek Watershed Management Organization Request for Interest Proposals for Professional Services Pursuant to MSA 103B.22 Subd. 5. the Shingle Creek Watershed Management Organization hereby solicits interest proposals for legal. engineering. and technical consultant services for the fiscal years 1992 and 1993. The annual budget for all services for the organization for the year 1991 is $135.000. Written proposals setting forth the experience of the individuals who would be interested in performing legal, engineering, or technical services for the Watershed Management Organization should be sent to: Fred Moore. Chairman Shingle Creek Watershed Management Organization 3030 Harbor Lane. Suite 100 Minneapolis. MN 55447 (NO CALLS) Please set forth in your written proposal the experience of the individual who proposes to perform services for the Commission and the resumds of support staff who would assist the individual in providing the contractual services. The Commission will review said proposals and reserves to itself the right to take such action as it deems in the best interests of the Watershed Management Organization. All interest proposals shall be submitted on or before November 13. 1991. West Mississippi Watershed Management Organization Request for Interest Proposals for Professional Services Pursuant to MSA 103B.227. Subd. 5. the West Mississippi Watershed Management Organization hereby solicits interest proposals for legal. engineering. and technical consultant services for the fiscal years 1992 and 1993. The annual budget for all services for the organization for the year 1991 is 593.500. Written proposals setting forth the experience of the individuals who would be interested in performing legal, engineering, or technical services for the Watershed Management Organization should be sent to: Gerry Butcher. Chairman West Mississippi Watershed Management Organization 3030 Harbor Lane. Suite 100 Minneapolis. MN 55447 (NO CALLS) Please set forth in your written proposal the experience of the individual who proposes to perform services for the Commission and the resumds of support staff who would assist the individual in providing the contractual services. The Commission will review said proposals and reserves to itself the right to take such action as it deems in the best interests of the Watershed Management Organization. All interest proposals shall be submitted on or before November 13, 1991. PAGE 1050 State Register, Monday 21 October 1991 (CITE 16 SX 1050) -12- SCWMC 1992 Annual Report FINANCIAL REPORT Introduction This annual financial report has been prepared in accordance with the Annual Reporting Requirements of Minnesota Rules Chapter 8410.0150, Subpart 2. The information presented in this section summarizes the Commission's financial activity for 1992 and corresponds with the four items listed under Subpart 2. Fiscal year 1992 for the Shingle Creek Watershed Management Commission (Commission) covers the period beginning February 1, 1992 and ending January 31, 1993. The Commission accounts for receipts and disbursements on a cash basis. All financial accounting is handled by the Commission's treasurer, an elected officer. The treasurer during 1992 was Sy Knapp, representative from the City of Brooklyn Center. Monthly Treasurer's Reports are prepared and reviewed and approved by the Commission at each monthly meeting. A. Approved Budget An operating budget of $135,000 was approved by the Commission for 1992 at their regular meeting held on June 13, 1991. The approved budget is outlined in the attached letter from the treasurer dated June 20, 1991. The 1992 budget is the same as previous budgets approved by the Commission for 1990 and 1991. B. Revenues The Commission's Joint Powers Agreement provides that each member city contribute toward the annual operating budget based 50% on the area located within the watershed, boundaries and 50% on the tax capacity of all property within the watershed. Budget allocation statements requesting payment of each city's share are sent out by the treasurer at the beginning of the fiscal year. Each member's contribution towards the $135,000 annual revenue received by the Commission in 1992 is shown below. These amounts are based on the areas and tax capacities summarized on Page 2 of the attached letter from the Commission's treasurer. 1992 Cost Allocation Member City Dollars Percentage Brooklyn Center $23,152.50 17.15% Brooklyn Park 35,707.50 26.45% Crystal 10,867.50 8.05% Maple Grove 17,555.00 13.00% Minneapolis 8,842.50 6.55% New Hope 12,622.50 9.35% Osseo 1,755.00 1.30% Plymouth 16,672.50 12.35% Robbinsdale 7,830.00 5.80% Total $135,000.00 100 -13- SCWMC 1992 Annual Report Interest in the amount of $4,170.31 was also earned on the Commission's investments during the year resulting in total revenues received in 1992 of $139,170.31. C. Expenditures Details of the Commission's expenditures for 1992 are provided in the attached financial documents prepared by the Commission's treasurer which show year -end totals and monthly expenditures for each accounting category. Total expenditures for 1992 were $106,143.06 which represents 78.6% of the $135,000 budget. D. Audit Report The Commission's 1992 financial statements were audited by the firm of Babcock, Langbein and Company. Results of the audit indicate that the Commission's financial statements and reporting of revenue and expenditures for 1992 conform with generally accepted accounting principles. A copy of the audit report is attached with includes a balance sheet, statement of revenue and expenditures, and summary of year -end financial statements. The Commission's fund balance at the end of 1991 was $46,239.58. Total revenue received in 1992 was $139,170.31. Expenditures for 1992 totaled $105,510.84. The fund balance at the end of 1992 was $79,899.05. Note: Total expenditures for 1992 listed in the audit report are different from those determined by the Commission's Treasurer because of when expenditures are 0 posted. -14- SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55447 Telephone (612) 553 -1144 Fax (612) 553 -9326 June 20, 1991 To: Commissioners Staff Fr: Sy Knapp Re: 1992 Budget Below is outlined the budget for the year 1992 which was approved by the Shingle Creek Watershed Management Commission at its June 13 general meeting. Annual Assessment Annual Assessment to Member Communities $135,000 Appropriations Engineering Services Watershed Management Plan $ 13,000 Project Review 21,600 General Administration 28,000 Special Projects 30,000 Total Engineering Appropriation 92,600 Legal 13,000 Secretarial 10,880 Meeting Expense 1,500 Audit and Bonding 400 Contingencies 1,620 Reserve* 15,000 Total Other Appropriations 42,400 Total Appropriations $ 135,000 *The Commission's end of year fund balance is estimated as follows: 1991 - $23,000 and 1992 - $38,000. June 20, 1991 page 2 Acreage and Tax Capacity Summary 1990 Tax Acreage Capacity Brooklyn Center 3,720 $ 21,413,859 Brooklyn Park 7,080 28,361,167 Crystal 2,480 7,485,798 Maple Grove 5,020 8,492,325 Minneapolis 1,950 6,304,979 New Hope 2,070 11,512,628 Osseo 300 1,613,242 Plymouth 4,380 9,416,424 Robbinsdale 1,460 6,601,353 TOTALS 28,460 $101,201,775 The Shingle Creek Watershed Management Organization Joint Powers Agreement provides that the organization and planning costs will be apportioned as follows: 50% on the basis of area within the Watershed Management Organiza- tion and 50% on the basis of tax capacity within the organization. The following will be each community's share in 1992: Cost Allocation Cost Alloca. Based Based on Area on Tax Capacity Total Cost gage Dollars %age Dollars %age Dollars Brooklyn Center 13.1 $ 8,842.50 21.2 $ 14,310.00 17.15 $ 23,152.50 Brooklyn Park 24.9 16,807.50 28.0 18,900.00 26.45 35,707.50 Crystal 8.7 5,872.50 7.4 4,995.00 8.05 10,867.50 Maple Grove 17.6 11,880.00 8.4 5,670.00 13.00 17,550.00 Minneapolis 6.9 4,657.50 6.2 4,185.00 6.55 8,842.50 New Hope 7.3 4,927.50 11.4 7,695.00 9.35 12,622.50 Osseo 1.0 675.00 1.6 1,080.00 1.30 1,755.00 Plymouth 15.4 10,395.00 9.3 6,277.50 12.35 16,672.50 Robbinsdale 5.1 3,442.50 6.5 4,387.50 5.80 7,830.00 TOTALS 100.0 $ 67,500.00 100.0 $ 67,500.00 100.00 $135,000.00 JAA:tim SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 1992 BUDGET EXPENDITURE DISTRIBUTION Date: February 1, 1993 Paid Year Category 1992 Budget to Date Balance -- - - - - -- ----- - - - - -- --- - - - - -- - - - - - -- Engineering Services $ 92,600.00 82,401.12 $ 10,198.88 a. Watershed Management Plan $ 13,000.00 $ 630.76 b. Project Review 21,600.00 19,643.13 c. General Administration 28,000.00 32,024.06 d. Special Projects 30,000.00 2,468.05 Water Quality Monitoring 27,635.12 Legal $ 13,000.00 $ 12,237.00 $ 763.00 Secretarial 10,880.00 10,073.27 806.73 Meeting Expense 1,500.00 1,036.67 463.33 Audit and Bonding 400.00 395.00 5.00 Contingencies 1,620.00 0.00 1,620.00 Reserve 15,000.00 0.00 15,000.00 TOTAL $ 135,000.00 $ 106,143.06 $ 28,856.94 Shin Crook Watershed Mana Commission - Detail mExpenditures DETAIL92 ' For Year Startin Feb ,.,vm through January o/.,mm - -- - - - - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - - - -- - - - - -- - -- - - - - -- - -- - - - - - - - -- - - - - - - - -- - - - - - - - -- - - - - - - - -- - - - - - - --- - - - - - - - -- - - - - - - - -- - - - - -- - I February March *nm May June July August September o"mm°, w".wnu", o°"*mo= J°"=,v `atevw"v""m 1 ,"°z ,ov^ `v,u ,""u 1992 `°°u `vuz `ovz 1002 `ouo `ova `ova - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -------- -------- -- - - - - - - -- - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - Basic Fees Subtotal Month *v $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00 Subtotal Year n"om* * *000 *v.vu *vvv ov.vv wvvv *v�o $v.ov wvcm *u.ou - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -------- -------- -- - - - - - - -- - - - - - - 2 Technical Services mo~xum/m"oumm *2.314o7 *x.`ss.u, *x.rw.n, w*.owr` $a.o^u.ow *o.ova.e^ *nuuur *e.o*o.o, 1 $5,338.681 *3.000.*1 1 *,.ezuvu 1 *o.rm,.ou v4 -Project Review *,.om.00 w`.00ruv *ovu^o $ou^o^ 1 w1.011a0 *u.v`vou 1 *uozm 1 *1.217.99 1 n1.080»1 1 *u.an.oa 1 *x.um.,r 1 *,.ao`.u, os~wmw,o"mxv *a.uuu.ny w505.67 w1.186.68 wa.ma.m 1 $u.^m.ae 1 o,.rmo^ 1 *1.891.83 m,240.78 1 o2,909v2 *e.oao.00 1 *`.^ou^` 1 *o.mm.uu oo -Twin Lakes Watershed Map 1 $0.001 1 =.00 $0,001 1 1 *52259 1 *`oouo *146.25 Subtotal Month *u.nos.r` $5,595.83 *a.000.*o *10.275u9 *7.502,11 $6,102.21 *o.000s, w4.805.68 $9,328.111 *9.131.93 *s.ozu.ru $6,518.23 Subtotal Year rvDate *o.nzs.r` w,u.ou`s+ *18.117.99 *uo.oeo.00 *35.005.19 **1.907^0 **4.0e5o1 *49.501.59 $58,830.20 *87.9a2.13 *73.684o9 *82.401.12 -_----------_------ -- - - _ - - - -- - - - _ - - -- _ - - - - _ --_----- -- - - - - - _ -- - - _ - - - -- - - - - - - -_----__ -- - - - - - - - - - - _ - - - --_-__-- -- - _ - - _ - nLem Legal ' Month 1 $0.001 1 w,u.oa/.ou Year nvDate I *0.0o $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 *,o.eur.ov � -_---------_------- -------- _ - - - - - - - ----_-__ _---_--- -- - - - - _ - -- - - - - _ - --_----- -- - _ - - - - ----_----------- - - - - - - - - - - - - - - _ - *Secretarial �~� � *w womo *eauru 1 *o,*.ov 1 $1,073.301 m851.68 1 n1.097.17 1 w882.81 1 *uru.w 1 w/*oV 1 *735.7* 1 m525.11 1 w1.04e.29 1 *oao.*o Year ruDate *vao/o *1.814o1 $2.887.31 *o.ruv.or w*.838.1* *o.r`oos 1 *6.091.79 *o.vou.ro 1 w7.508^4 1 *v.vnu.00 1 *9.142v4 *,v.moxr - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - o Meeting Expenses | � womo w,n.^m mx.m *101y1 *114.38 *89.21 $0.001 *ve.o^ 1 o118.73 1 *107.17 1 *vu.or 1 *oow 1 $76.48 | Year r"Date *,o.*o w180.24 *282.15 *uoo.uo *ous.r* *^xs.m 1 vsu000 1 *687.31 1 *ro^.^o 1 *or,uu 1 w00.119 1 *`.vuu.or - -- - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - wxumt Ao",mmu w°"m *oue»o $100.001 $0.00 Year n,Date 1 $0.001 $0.001 $0.001 $0.001 $0.001 $295.00 1 *uoaou 1 $295.00 1 $395.001 *oesuo 1 $395.00 1 *yox.00 - - - - - - - - - - - - - - - - - - - -------- -------- -- - - - - - - -- - - - - - - -- - - - - - - -------- -- - - - - - - -------- - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - rco"u"o*""w" � Bank Charges � Supplies (General) wo.un � Hearing Publications I � p^,m"n 1 $0.001 1 1 *o.mm mmc*ounwou^ I I I 1 1 $0.00 Subtotal Month 1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.0o $0.001 $0.001 $0.001 $0.001 $0.001 *o.vv Subtotal Year nwDate 1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 w0.00 $0.001 $0.001 $0.00 ___________________ ________ ________ ________ ________ ________ ________ ________ ________ ________________ ________ ________ m Res *"w Subtotal Month $0o0 $0x0 $0o0 $0.001 $0.001 $0.001 $0.00 $0z0 $0.00 $0.001 $0x0 $0.00 Subtotal Year ToDate $0.00 $0u0 1 $0.001 $0.001 $0,001 $0.00 $0.001 $0x0 $0o0 $0.001 $0.00 *v�oo - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - -------- -- - - - - - - »TOTALS | M"mm | *r.mm.uw| wm.naxo| wo.rn.wo| w11.241.13 1 w111.06.49 1 wr.uaoou| w3.164.191 wn.ous.uu| w10.271.52 1 w9.739.011 o/.n»^.uu| w21.760.14 1 | Year n,Data | w7,941u* | mw.ma.rm| w21.287.*5 | mou.000ao| *41.217u7 1 w48.497z9 1 w51.651.28 1 o57,316.00 1 w87.568.12 1 o7,328.03 1 ww.mm.no| *10*143.08 | ----------------------------------------------------------- - ----'--------------------------------------------------------------' ^ � � SIMVGLE CREEK WATE MM) AMNAGIMINT ORGAAaZ47ION AUDIT RETORT JANUARY 31, 1993 SHINGLE CREEK WATERSHED MANAGEWIENT ORGANIZATION TABLE OF CONTENTS u,•::.�awar,:,�z,x�H:::.�� ,..^ M?• scsr��, vxcona. Mxza�: ��. xa" sx�: 2�a�c��rs a;��f.�rmarayaxa.•z�,.a. Pa" Auditors Opinion 1 Balance Sheet 2 Statement of Revenue and Expenditures 3 Notes to the Financial Statements 4 Babcock, Langbein and Company Cutifiod Public Accounawts A Profmicaml Aarocis oo Mhweq olis, Mi weiotr 55421 (612) 781 -93S4 Sy Knapp, Treasurer Shingle Creek Watershed Management Organization City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 To the Members of the Commission We have audited the Balance Sheet of the Shingle Creek Watershed Management Organization at January , 31, 1993, and the related statement of Revenue and Expenditures for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audtt provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly in all material respects, the financial position of Shingle Creek Watershed Management Organization at January 31, 1993, and the results of its operations and its - Revenue and Expenditures for the year then ended in conformity with generally accepted accounting principles. Babcock, Langbein and Company February 4, 1993 -1- SHINGLE CREEK WATERSILD MANAGEMENT ORGANIZATION BALANCE SB2MT JANUARY 31, 1992 Assets 1993 1992 Cash in Bank - Checking $ 84.42 $ 62.35 Investments - Savings 110,303.85 54,119.17 Total Assets $ 110,388.27 $ 54,181.52 Liabilities aad Fund Balance Liabilities Accounts Payable $ 7,309.72 $ 7,941.94 Deferred Revenue - Prepaid Dues 23,179.50 _ 0.00 Total Liabilities 30,489.22 7,941.94 Fund Balance Fund Balance 79,899:05 46,239.58 Total Fund Balance 79,899.05 46,239.58 Total Liabilities and Fund Balance $ 110,388.27 $ 54,181.52 - The accompanying notes are an integral part of these financial statements. -2- SHINGLE CREED WATERSHED MANAGEMENT ORGANIZATION STA?EME1VT OF REVENUE AND EXPENDTf URBS FOR THE YEAR ENDED JANUARY31, 1993 Revevw Budget Actual Variance 1992 Annual Assessment $ 135,000.00 $ 135,000.00 $ 0.00 $ 135,000.00 Twin/Ryan Lakes Projects 0.00 0.00 0.00 0.00 Interest 0.00 4,170.31 4,170.31 4,662.11 Other 0.00 0.00 0.00 0.00 Total Revenue 135,000.00 139,170.31 4,170.31 139,662.11 Espeaditmw Watershed Management 13,000.00 630.76 12,369.24 0.00 Project Review 21,600.00 18,927.20 2,672.80 15,625.23 General Administration 28,000.00 31,384.21 (3,384.21) 30,899.13 Special Projects 30,000.00 2,468.05 27,531.95 0.00 Water Quality Monitoring 0.00 26,164.31 (26,164.31) 26,494.33 Twin Lakes Watershed Map 0.00 2,022.25 (2,022.25) 0.00 Legal 13,000.00 12,237.00 763.00 10,967.15 Secretarial 10,880.00 10,321.87 558.13 8,434.96 Meetings 1,500.00 960.19 539.81 1,020.78 Audit and Bonding 400.00 395.00 5.00 370.00 Contingencies 1,620.00 0.00 1,620.00 134.05 Reserve 15,000.00 0.00 15,000.00 0.00 Total Expenditures 135,000.00 105,510.84 29,489.16 93,945.63 Excess Revenue Over (Under) Expenditures $ 0.00 $ 33,659.47 $ 33,659.47 $ 45,716.48 The accompanying notes are an integral part of these financial statements. -3- SHINGLE CREEK WATEIZSIIED MANAGEWENT ORGANIZATION NOTES TO FI7VANCL4L STA77affiM FOR THE YEAR ENDED JANUARY 31, 1993 The Shingle Creek Watershed Management Organization was established as a Joint Powers Watershed Organization in 1984 to review and adopt local water management plans and to regulate the use and development of land within the Shingle Creek Watershed. These financial ' statements present all activities of the Commission. Note 1. Summary of Sic aut Acco=two Policies The Commission accounts for receipts and disbursements on the cash basis. Accrual entries are made for year end financial statement presentation. F Note 2 Cash and Invests Cash retained from excess receipts over disbursements was invested in a savings account. Cash and savings account balances at January 31, 1993 were as follows: The Bank North Checking $ 84.42 Savings 110,303.85 Total $ 110,388.27 Note 3. Revenue from Member Mimcimhties Each member's contribution toward the $135,000.00 annual revenue is computed using a formula which considers area and assessed valuation. For the year ended January 31, 1993, members' contributions were as follows: Total Cost Dollars Percentage Brooklyn Center $ 23,152.50 17.15% Brooklyn Park 35,707.50 26.45% Crystal 10,867.50 8.05% Maple Grove 17,550.00 13.00% Minneapolis 8,842.50 6.55% New Hope 12,622.50 9.35% Osseo 1,755.00 1.30% Plymouth 16,672.50 12.35% Robbinsdale 7,830.00 5.80% Total $ 135,000.00 100% -4- CHAMPLIN WEST MISSISSIPPI WATERSHED MAPLE GROVE OSSEO BROOKLYN PARK BROOKLYN CENTER West Mississippi Watershed Management Commission 1992 Annual Report April 1993 MONTGOMERY WATSON L WMWMC 1992 Annual Report TABLE OF CONTENTS PAGE ACTIVITY REPORT Introduction............................................................................ ............................... 1 A. Board of Commissioners .................................................. ............................... 1 B. Consultants ....................................................................... ............................... 1 C. Summary of Goals/Objectives and 1992 Activities ......... ............................... 1 Goalsand Objectives ................................................. ............................... 1 Summary of 1992 Commission Activities ................. ............................... 3 D. Projected Work Plan for 1993 .......................................... ............................... 4 E. Project Reviews ................................................................ ............................... 4 F. Water Quality Monitoring Data ...................................... ............................... 7 G. Status of Local Plans ....................................................... ............................... 10 H. Written Communications ................................................. ............................... 10 I. Interest Proposals for Professional Services .................. ............................... 10 J. Assessment of Changes in Fund Balances ...................... ............................... 10 K Status of Wetland Banking Program .............................. ............................... 10 FINANCIAL REPORT Introduction............................................................................ ............................... 13 A. Approved Budget .............................................................. ............................... 13 B. Revenues ........................................................................... ............................... 13 C. Expenditures .................................................................... ............................... 14 D. Audit Report ..................................................................... ............................... 14 i WMWMC 1992 Annual Report ACTIVITY REPORT Introduction This annual activity report has been prepared in accordance with the Annual Reporting Requirements of Minnesota Rules Chapter 8410.0150, Subpart 3. The information presented in this section summarizes the Commission's activities for 1992 and corresponds with the 11 items listed under Subpart 3. The West Mississippi Watershed Management Commission (Commission) was formed in 1984 under a Joint Powers Agreement between the five cities having land within the West Mississippi Watershed. The five cities include Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, and Osseo. Regular Commission meetings are held at 12:45 pm on the second Thursday of each month at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park - The West Mississippi Watershed Management Plan was approved by the Board of Water and Soil Resources on April 25, 1990 and adopted by the Commission on May 3, 1990. A. Board of Commissioners The Commission is governed by a five- member board comprised of representatives (Commissioners) from each member city. Commissioners are appointed by member cities for a term of three years. Gene Hakanson served on the Commission as the representative from Osseo during 1992. Osseo's term expired at the end of 1992 and Dick Fursman was appointed to the Commission by the city on February 11, 1993. The names of current Commissioners, city represented, address, and telephone number are listed on the next page. B. Consultants The Commission currently retains the services of the following consultants: • Montgomery Watson, Technical Services • Curt Pearson, Legal Services • Judie Anderson's Secretarial Services Inc., Administrative Services Names, addresses, and telephone numbers of each consultant are also provided on the next page. The Commission has no employees. C. Summary of Goals/Objectives and 1992 Activities Goals and Objectives The water management objectives developed by the Commission and included in Section IV of the Watershed Management Plan include the following: • Develop hydrologic systems along with a water - related land use planning process to accommodate existing and adopted land use plans within municipalities. 0 • Preserve and use natural storage and retention areas to maintain and improve the hydrologic systems within the watershed. -1- WMWMC 1992 Annual Report 2 -11 -93 WEST MISSISSIPPI WATERSHED MANAGEMENT COAMSSION Commissioners Sy Knapp, Treasurer Gerry Butcher, Chairman City of Brooklyn Center City of Maple Grove 6301 Shingle Creek Parkway 9401 Fernbrook Lane Brooklyn Center, Minnesota 55430 Maple Grove, Minnesota 55369 Phone 569 -3331 Phone 420 -4000 Gary Brown Dick Fursman, Secretary City of Brooklyn Park City of Osseo 5200 85th Avenue North 415 Central Avenue Brooklyn Park, Minnesota 55443 -4300 Osseo, Minnesota 55369 Phone 4248000 Phone 425 -2624 Jack Bittle, Vice - Chairman City of Champlin 11955 Champlin Drive Champlin, Minnesota 55316 Staff Secretary Engineer Judie Anderson Dale Claridge West Mississippi WMC Montgomery Watson 3001 Harbor Lane - Suite 150 545 Indian Mound Plymouth, Minnesota 55447 Wayzata, Minnesota 55391 Phone 553 -1144 Phone 473 -4224 Attorney Curt Pearson Wurst, Pearson, Larson, et. al. 1100 First Bank Place West Minneapolis, Minnesota 55402 Phone 338 -4200 -2- WMWMC 1992 Annual Report • Reduce, to the greatest extent practical, the public capital and maintenance expenditures necessary to control excessive volumes and rates of runoff. • Maintain or improve both surface water and groundwater quality. • Prevent and control flooding damage. • Control erosion and sedimentation. • Promote groundwater recharge • Protect and enhance water- related fish and wildlife habitats. • Protect and enhance opportunities for water recreation. • Coordinate and communicate the relationships between municipalities, agencies and citizens which affect water management within the watershed. Summary of 1992 Commission Activities Below is a summary of the work effort undertaken by the Commission in 1992 in meeting the above goals and objectives. • Reviewed 4 projects within the watershed in accordance with the management standards and policies of the Commission (see Section E). • Prepared and distributed updated National Wetland Inventory Maps to each member, city. • Prepared Suggested Guidelines for Stormwater Treatment Pond Design. • Completed Phase I of the Edinbrook Floodplain Study to evaluate the hydraulic capacity of the existing Edinbrook channel and determine if the channel will accommodate 100 -year peak flows under existing land use conditions. The Commission received a Flood Damage Reduction Grant from the DNR to cover 50% of the costs of the study. • Adopted Resolution No. 92 -2 amending the West Mississippi Watershed Management plan to incorporate hydrologic data computed as part of the Oxbow Creek Drainage Study. Approved by BWSR as a minor plan amendment. • Prepared Interim Wetland Management Policy in accordance with Wetland Conservation Act for managing wetlands within the watershed during the interim period. • Prepared summary of Commission's current management policies including standards, resolutions, etc. • Prepared status report on local water management plans. • Identified potential water quality projects that the Commission may wish to undertake in the future. -3- WMWMC 1992 Annual Report • Conducted 1992 Water Quality Monitoring Program and prepared final report. • Reviewed and commented on the Draft Hennepin County Groundwater Plan prepared by the Hennepin Conservation District. D. Projected Work Plan for 1993 The Commission's projected work plan for 1993 is as follows: • Continue to review projects within the watershed in accordance with the management standards and policies of the Commission. • Provide technical assistance to cities in preparing their local plans and review plans submitted for conformance with the Shingle Creek Watershed Management Plan. • Conduct water quality projects as selected by the Commission. • Encourage cities to implement regional ponding facilities wherever feasible to treat stormwater runoff. • Review current management standards for land development and redevelopment projects within the watershed, evaluating requirements for ponding, temporary sediment and erosion control, etc. to see if any modifications are necessary. • Work with other governmental agencies such as the BWSR, DNR, Corps of Engineers, Met Council, Hennepin County, and other WMOs towards a common goal of protecting water resources and improving water quality within the watershed. • Continue to work with the HCD in developing a workable groundwater plan for Hennepin County. • Continue to serve as the LGU for administering the Interim Program under the Minnesota Wetland Conservation Act unless member cities elect to serve as the LGU. E. Project Reviews The Commission reviewed 4 projects in 1992. These projects included development within a 100 -year floodplain, land use amendments to a comprehensive plan, EIS for T.H. 610, and a single family development. Refer to the following project review log and map for descriptions and locations of these projects. No variances were granted during fiscal year 1992. Projects are reviewed in accordance with the management standards and policies of the Commission and recommendations are made to the member city in which the project is located. It is the cities responsibility to enforce the Commission's recommendations to ensure that natural resources are protected and water quality improvements are implemented. -4- 3/30/ INAL WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 1992 PROJECT REVIEW LOG PROJECT DATE WMWMC NO. RECEIVED OWNER MUNICIPALITY PROJECT DESCRIPTION REVIEW WM 92 -1 1.30.92 DOUGLAS SHERER CHAMPLIN DEVELOPMENT OF A SINGLE FAMILY LOT WITHIN FLOODPLAIN 2 -13-92 WM 92 -2 5 -13-92 CITY OF CHAMPLIN CHAMPLIN COMPREHENSIVE PLAN AMENDMENT (LAND USE) 5 -1492 WM 92 -3 10 -09-92 MN/DOT - GOLDEN VALLEY BROOKLYN PARK T.H. 610 (SUPPLEMENTAL DRAFT EIS) 11 -12 -92 WM 92-4 10 -16-92 SHERATON DEVELOPMENT INC. BROOKLYN PARK NEW SOUTH WALES ADDITION 11 -12 -92 cn WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 9 a 1992 PROJECT REVIEW MAP r, a �r r � { r d CKAXAM Q nQ o .a a MY 92-3 Q *AM& 000n wu 92 _r ' t t s� 1 1992 PROJECT REVIEWS �n BROOKLYN CENTER 0 BROOKLYN PARK 2 N CHAMPLIN 2 MAPLE GROVE 0 OS SEO 0 TOTAL 4 SNM M NM 1 © MONTGOMERY WATS M -6- was tk m! Now WMWMC 1992 Annual Report F. Water Quality Monitoring Data 1992 was the third and final year of the Commission's Comprehensive Water Quality Monitoring Program. The 1992 water quality monitoring program included sampling at one stream site and three storm sewer sites at locations shown on the next page. Samples were collected at the stream site twice a month between March and October and storm sewer samples were collected using automatic equipment during four or five runoff events. Stream samples were analyzed for total suspended solids, total phosphorus, biochemical oxygen demand, conductivity, temperature, and dissolved oxygen. Storm sewer samples were analyzed for total suspended solids, total phosphorus, biochemical oxygen demand, and conductivity. The Commission's engineer prepared a water quality monitoring report evaluating the results of the 1992 monitoring efforts and comparing data from the previous two years of monitoring. A summary of the 1992 water quality data is provided in the tables on Page 9. Copies of the 1992 Water Quality Monitoring Report are on file at the Commission office, Engineer's office, and with each member city. Monitoring information is incorporated into a water quality database for use in water and land use management decisions. The database will guide the Commission in formulating water quality standards in order to evaluate the potential for degradation due to changes in land use. Degradation of water quality in developing parts of the watershed and potential effects of facilities which generate large volumes of stormwater runoff are of particular importance. -7- �S UW war 1 UWM 14 1 U y WM r - WM UWM I2 U ll � �. UWM 6a � UWM t �(Ob j� UWM 9 1 ►. i UWM 6b /UWM 5 t UWM 4 �UWM 1 •• � i ICI l oa UWM l00 UWM 8 :. r J I ` •L .. �. �M � � UWM 3 t C EB 7 ES 6b .�► ♦ ... EB 6a EB 5 ♦, ;�' EB 2 1 am ... .... �, EB 4 EB 3 1 ` WM-S/ ` EB l I I 1 + ,�"' ✓� 7 W,l -SS8 WM -SS3 M 6 a � LEGEND A — 5 WM -SSl Storm Sewer Monitoring Site t LWM 4 �WM-Sl Stream Monitoring Site ,.. —.6 LWM 3 LWM 2 -0r� f LWM I 0 %4 4 l .spa. M aw WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION "Ot" JAMES M. MONTGOMERY 1992 Stream & Storm Sewer CONSULTING ENGINEERS, INC Sampling Sltes TABLE 3 WATER QUALITY DESCRHyr1VE STATISTICS FOR STREAM SITE WM- S1,1992 TP TSS DOD DO Conductivity Temp (mgn) (mg/1) (mg11) (mg/1) (pmhos/an) ('C) Geometric Mean 0.067 5.6 1.1 9.5 1,110 1L2 Standard Error 0.060-0.074 4.5 -7.0 0.9 -L3 0.9- 10.1 1,040 -1,170 9.7 -13.0 (Mean) 95% Confidence 0.028 -0.160 0.8 -37.5 0.2 -5.3 5.9 -15.3 670 -1,820 3.1 -40.1 Interval Range 0.040-0.190 1.0 -33.0 0.5 -6.0 6.1 -13.9 675 -1,500 4.0 -21.0 TABU 7 STORM SEWER WATER QUALITY SUMMARY FOR 1992 COMPOSTI'E SAMPLES WM -SS3 WM -SS5 WM -SS8 Total Phosphorus, mg/l Mean 0.7 026 0.42 Standard Error (mean) 0.59 -0.85 0.20 -0.35 029 -0.59 95% Confidence Interval 023-22 0.05 -1.5 0.05 -3.8 Range 0.50 -1.4 0.13 -0.49 0.24 -LO Total Suspended Solids, mg/1 Mean 170 40 120 Standard Error (mean) 120- 250 23-70 72-196 95% Confidence Interval 16 -1,800 1.0 -1,400 5.0 -3,000 Range 56-M 15- 200 48-360 Biological Oxygen Demand, mg11 Mean 25 12 16 Standard Error (mean) 19-33 9.2-15 14.19 95% Confidence Interval 5.0 -140 3.0-52 5.0-50 Range 9.0-43 6.0-18 12.27 Conductivity, gmhos/cm Mean 404 448 606 Standard Error (mean) 255- 638 282- 712 357 -1,030 95% Confidence Interval 24.0- 6,920 23.0 -8,540 2LO- 17,400 Range 85.0.975 115 -910 180.1,750 -9- WMWMC 1992 Annual Report G. Status of Local Plans The West Mississippi Watershed Management Plan was adopted by the Commission on May 3, 1990. As required in the Plan, each member city is responsible for preparing a local water management plan, capital improvement program and official controls as necessary to bring local water management into conformance with the watershed management plan. After completion, local water management plans are to be submitted to the Commission for review and approval. Current status of the local planning process is provided in the table on the next page. H . Written Communications The Commission is currently preparing its first newsletter for publication this year as required under Part 8410.0100, Subpart 4, Information Program. The newsletter will be distributed to each member city to be made available to the general public. The newsletter will identify Commissioners and their represented cities, provide addresses and telephone numbers, describe the Commission's role in local water management, its goals and policies, when public meetings are held, how the organization is financed, where the watershed management plan can • be viewed, and other information relative to the Commission's operations and implementation of its watershed management plan. A copy of this newsletter will be forwarded to the Board of Water and Soil Resources and will be included in next years annual activity report. I. Interest Proposals for Professional Services The Commission published a notice in the State Register on October 21, 1991 requesting interest proposals for professional services for fiscal years 1992 and 1993. A copy of the notice is attached (Page 12). A subcommittee was formed to review and evaluate proposals submitted and provide recommendations back to the Commission. The Commission passed a motion on December 12, 1991 to retain the technical services of Montgomery Watson (formerly James M. Montgomery, Consulting Engineers), legal services of Curt Pearson, and administrative services of Judie Anderson's Secretarial Services Inc. Requests for interest proposals for professional services for fiscal years 1994 and 1995 will be made by the Commission at the end of 1993. J. Assessment of Changes in Fund Balances Details of the Commission's financial activities during fiscal year 1992 including expenditures for each accounting category tracked by the Commission are provided in the Financial Report covered in the next section. The end of the Commission's 1992 fiscal year was January 31, 1993. The overall annual budget for 1992 was $61,500. The Commission's fund balance at the end of 1991 was $40,819.21. Total revenue received in 1992 was $68,114.50. Expenditures for 1992 were $58,218.28. The fund balance at the end of 1992 was $50,715.43. K. Status of Wetland Banking Program The Commission currently serves as the local governmental unit (LGU) for administering the Interim Program under the Minnesota Wetland Conservation Act of 1991 unless member cities elect to serve as the LGU. At this time, the cities of Brooklyn Park and Maple Grove have notified BWSR and the Commission of their intent to serve as the LGU. An Interim Wetland Management Policy was adopted by the Commission on 00 April 9, 1993. The policy does not include provisions for the banking of wetlands. -10- WEST AUSSISSIPPI WATERSHED MANAGEMENT COMMISSION Status of Local Water Management Plans April 8, 1993 n Work On Plan Plan Currently Plan Approved City Not Yet Started Being Prepared By WMWMC Comments Brooklyn Center X Phase I of the plan should be completed by June 1993. Phase II of the plan will be initialized soon after completion of Phase I. b 0 M Brooklyn Park X The local plan should be completed by August 1993. Champlin X Work on the local plan is scheduled to begin in the fall of 1993 with plan completion by the summer of 1994. ,r Maple Grove X The local plan should be completed by September 1993. r ' Osseo X Work on the local plan is scheduled to begin in the summer of 1993 with plan completion by the end of 1994. Non -State Public Contracts The Store Resister also serves as a central marketplace for contracts let out on bid by the public sector. The Resister meets state and federal guideines for statewide circulation of public notices. Any tan- supported institution or government jurisdiction may advertise taniracm mad requests for proposals from the private seetm. It is recommended that contracts and RFPs include the following: 1) name of contact person; 2) institution name, addresg, and number. 3) brief description of project and tasks; 4) coat estimate: and 5) fiml submission date of completed contract three weeks from publication date (four weeks from date article is submitted for m nter iatad i Pub��n). Surveys show that subscribers are intn in hearing about contracts for estimates as low as $1.000. Contact the editor for farther detallt Shingle Creek Watershed Management Organization Request for Interest Proposals for Professional services Pursuant to MSA 103B.Z27. Subd. 5. the Shingle Creek Watershed Management Organization hereby solicits interest proposals for legal. engineering, and technical consultant services for the fiscal years 1992 and 1993. The annual budget for all services for the organization for the year 1991 is S 135.000. Written proposals setting forth the experience of the individuals who would be interested in performing kgzl. engineering. or technical services for the Watershed Management Organization should be sent to: Fred Moore. Chairman Shingle Creek Watershed Management Organization 30.30 Harbor Lane. Suite 100 Minneapolis. MN 55447 (NO CALLS) Please set forth in your written proposal the experience of the individual who proposes to perform services for the Commission and the resumic of support staff who would assist the individual in providing the contractual services. The Commission will review said proposals and reserves to itself the right to take such action as it deems in the best interests of the Watershed Managemtat Organization. All interest proposals shall be submitted on or before November 13. 1991. *West Mississippi Watershed Management Organization Request for Interest Proposals for Professional Services Pursuant to MSA 1038.227. Subd. 5. the West Mississippi Watershed Management Organization hereby solicits interest proposals for legal. engineering. and technical consultant services for the fiscal years 1992 and 1993. The annual budget for all services for the organization for the year 1991 is S93.500. Written proposals setting forth the experience of the individuals who would be interested in performing legal. engineering. or technical services for the Watershed Management Organization should be sett to: Gerry Butcher. Chairman Wcst Mississippi Watershed Management Organization 3030 Harbor Lane. Suite 100 Minneapolis. MN 55447 (NO CALLS) Please set forth in your written proposal the experience of the individual who proposes to perform services for the Commission and the resumes of support staff who would assist the individual in providing the contractual services. The Commission will review said proposals and reserves to itself the right to take such action as it deems in the best interests of the Watershed Managesne: t Organization. All interest proposals shall be submitted on or before November 13, 1991. PAGE 1050 State Roister, Monday 21 October 1991 (CTiE 16 S.R. 1050) -12- WMWMC 1992 Annual Report FINANCIAL REPORT Introduction This annual financial report has been prepared in accordance with the Annual Reporting Requirements of Minnesota Rules Chapter 8410.0150, Subpart 2. The information presented in this section summarizes the Commission's financial activity for 1992 and corresponds with the four items listed under Subpart 2 of the Rules. Fiscal year 1992 for the West Mississippi Watershed Management Commission (Commission) covers the period beginning February 1, 1992 and ending January 31, 1993. The Commission accounts for receipts and disbursements on a cash basis. All financial accounting is handled by the Commission's treasurer, an elected officer. The treasurer during 1992 was Sy Knapp, representative from the City of Brooklyn Center. Monthly Treasurer's Reports are prepared and reviewed and approved by the Commission at each monthly meeting. A. Approved Budget An operating budget of $61,500 was approved by the Commission for 1992 at their regular meeting held on June 13, 1991. The approved budget is outlined in the attached letter from the treasurer dated June 20, 1991. The previous budget approved by the Commission for 1991 was $93,500. B. Revenues The Commission's Joint Powers Agreement provides that each member city contribute toward the annual operating budget based 50% on the area located within the watershed boundaries and 50% on the tax capacity of all property within the watershed. Budget allocation statements requesting payment of each city's share are sent out by the treasurer at the beginning of the fiscal year. Each member's contribution towards the $61,500 annual revenue received by the Commission in 1992 is shown below. These amounts are based on the areas and tax capacities summarized on Page 2 of the attached letter from the Commission's treasurer. 1992 Cost Allocation Member City Dollars Percentage Brooklyn Center $11,715.75 19.05% Brooklyn Park 30,965.25 50.35% Champlin 14,329.50 23.30% Maple Grove 3,351.75 5.45% Osseo 1,137.75 1.85% Total $61,500.00 100 Interest in the amount of $2,781.95 was earned on the Commission's investments during the year and a grant in the amount of $3,832.55 was received from the DNR to cover 50% of the costs of the Edinbrook Floodplain Study. Total revenue received in 1992 was $68,114.50. -13- WMWMC 1992 Annual Report C. Expenditures Details of the Commission's expenditures for 1992 are provided in the attached financial documents prepared by the Commission's treasurer which show year -end totals and monthly expenditures for each accounting category. Total expenditures for 1992 were $61,193.47 which represents 99.5% of the $61,500 budget. D. Audit Report The Commission's 1992 financial statements were audited by the firm of Babcock, Langbein and Company. Results of the audit indicate that the Commission's financial statements and reporting of revenue and expenditures for 1992 conform with generally accepted accounting principles. A copy of the audit report is attached with includes a balance sheet, statement of revenue and expenditures, and summary of year -end financial statements. The Commission's fund balance at the end of 1991 was $40,819.21. Total revenue received in 1992 was $68,114.50. Expenditures for 1992 totaled $58,218.28. The fund balance at the end of 1992 was $50,715.43. Note: Total expenditures for 1992 listed in the audit report are different from those determined by the Commission's Treasurer because of when expenditures are posted. -14- WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Pymouth, MN 55447 Telephone (612) 553 -1144 Fax (612) 553 -9326 June 20, 1991 To: Commissioners Staff Fr: Sy Knapp Re: 1992 Budget Below is outlined the budget for the year 1992 which was approved by the West Mississippi Watershed Management Commission at its June 13 general meeting. Annual Assessment Annual Assessment to Member Communities $61,500 Appropriations Engineering Services Watershed Management Plan $ 7,500 Project Review 10,200 General Administration 18,000 Special Projects 18,000 Total Engineering Appropriation 53,700 Legal 6,750 Secretarial 5,850 Meeting Expense 500 Audit and Bonding 400 Contingencies 2,000 Reserve* <7,700> Total Other Appropriations 7 Total Appropriations $ 61,500 *The Commission's end of year fund balance is estimated as follows: 1991 - $35,000 and 1992 - $27,300. June 20, 1991 page 2 Acreage and Tax Capacity Summary 1990 Tax Acreage Capacity Brooklyn Center 1,660 $ 5,492,451 Brooklyn Park 9,880 7,658,212 Champlin 3,620 4,733,578 Maple Grove 530 1,517,931 Osseo 180 518,547 TOTALS 15,870 $19,920,719 The West Mississippi Watershed Management Organization Joint Powers Agreement provides that h p the organization and planning costs will be apportioned as fol - lows: 50% on the basis of area within the Watershed Management Organization and 50% on.the basis of tax capacity within the Organization. The following would be each community's share in 1992: Cost Allocation Cost Alloca. Based Based on Area on Tax Capacity Total Cost $age Dollars %age Dollars %age Dollars Brooklyn Center 10.5 $ 3,228.75 27.6 $ 8,487.00 19.05 $11,715.75 Brooklyn Park 62.3 19,157.25 38.4 11,808.00 50.35 30,965.25 Champlin 22.8 7,011.00 23.8 7,318.50 23.30 14,329.50 Maple Grove 3.3 1,014.75 7.6 2,337.00 5.45 3,351.75 Osseo 1.1 338.25 2.6 799.50 1.85 1,137.75 TOTALS 100.0 $30,750.00 100.0 $30,750.00 100.00 $61,500.00 JAA:tim I WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 1992 BUDGET EXPENDITURE DISTRIBUTION Date: February 1, 1993 Paid Year Category 1992 Budget to Date Balance -- - - - - -- ----- - - - - -- --- - - - - -- - - - - - -- Engineering Services $ 53,700.00 47,610.25 $ 6,089.75 a. Watershed Management Plan $ 7,500.00 $ 1,786.92 b. Project Review 10,200.00 10,516.92 c. General Administration 18,000.00 18,545.38 d. Special Projects 18,000.00 Water Quality Monitoring 15,599.68 Edinbrook Floodplain Study 1,161.35 Legal $ 6,750.00 $ 6,373.00 $ 377.00 Secretarial 5,850.00 6,521.41 (671.41) Meeting Expense 500.00 343.81 156.19 Audit and Bonding 400.00 345.00 55.00 Contingencies 2,000.00 0.00 2,000.00 Reserve (7,700.00)* 0.00 (7,700.00) TOTAL $ 61,500.00 $ 61,193.47 $ 306.53 "Balance as of January 31, 1992 is $35,616.32 WestmississippiwatmmheuManaomnentcmnmmmon -Deta of Expenditures osTA/u92 For Y�vymmn«p°unan1.`�2m�uox�nvuno1.1em ------------------------------------------------------------------------ --- ------ --- ------ --- --------------- --- ---------------- February March April may June July August September October November December January Cate 1 1992 1992 19 1992 /92 ,92 1992 1992 1992 1992 1992 1993 - - -- -__-_---_---- - ____---_ --_----_/----_-_- I Management Plan Basic Fees Expenses Subtotal Month $0.001 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 $0.00 $0.00 $0.00 1 $0.00 Subtotal Year ."Date $0 1 =00 1 $0 1 $O 1 »0.00 1 ^0.00 1 $uvv $0.00 $0.001 $0.00 1 $0.00 1 p0.00 - - - - - - - - - - - - - - - - - - - - - - -------- --------- -------------------------------- o Technical SaMces 03-Aommistradon $2.e5.53 $4.143.73 $2.683.42 m,206.45 $323.75 $639.55 $654.39 $857.*6 $913.14 $2.141.35 u^ -Project Review | $1.053.26 $297.80 nnrux* m207.71 vmnao $107.40 *u^o.ou $1.739.83 $o*o.m *46*.41 ou~wm,efouu/'* | $2,564.25 $x.xun** $^ro.ow $`.rw.ao *1.812.01 mo.o*u.m *1.710.99 se85.81 *x000.nm **81.58 $u.uo *uao.uo � uo~eu/nbrooxnoou wm $0.00 1 m0.00 1 *0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 � | Subtotal Month 1 $9,313.96 $,5,053.42 $4.219.38 $6.156.13 $5,170.97 $3,*56.26 $2.642.37 * $2,786.32 $.3.078.87 $1.641.49 $2,858.32 | Subtotal Year � a,mvc� $1 $18.586 $24 $29913.86 $33 $36 $orw^uoo $39 $42.9$42.910.44 � $44.751$44.751.93 w.��yo $47,6$47,610.25 s�ux /-__--_----------_-_ - --_---___----__-_-_--_----------__-__----_-_-__---_-__----_--------_-_------_-_- --_---_- | u Legal Services | woom *s.u,u.00 | Year ruDate $0.00 $0.00 $0.00 $0.00 *0.00 $0.00 $0.00 $0.00 $0.00 $uoo $0.00 1 $6.373.00 � |------------------- -------------------------------- -------------------------------- -------------------------------- �* Secretarial Services � Month | $749.30 $633.36 $531.74 | $486.27 $793.*7 $626.94 m284.80 $459.30 $352.68 $379.07 $663.21 $561-27 Year rvData $749.30 $1.382.66 m.ow.*o $2.*00.67 $o.m*.w *3.821.08 $4,105.88 w*.xon.m $4,917.86 *5.296.93 $5,960.14 v6.521.41 - -- - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - -------- -------- -------- -------- -------- -------- - - - - - - - - - - - - - - - - -------- | 5 Meeting Expenses � | Month $25.49 $x*uo *noyr *3e.41 $29.7* $0.00 $27.61 $39.58 $35.72 w27.63 $27a1 $25.49 � Year nvDate $2549 wmzuu $94.02 *130.43 $160.17 *160.17 $/orro $22 7.36 $26 3.08 m29071 $318.32 $wnu` - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- a Audit ueonumo Month wW.00 $0.00 *295.00 $0.00 $0.00 Year ToDate n50.DO $50.00 $50.00 $50.001 $50.00 1 $50.00 1 $345.00 1 $345.00 1 *345.00 1 $345.00 1 $345.00 1 w345.00 -'------------------ -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- rommnuonoum | Bank Charges | aunn/um(eunera; *o.00 Hearing Publications pnnn"o *0.00 $0.00 wiscakneous $0.00 Subtotal Month $0.00 $0.00 $0.00 $0.00 $O.DO $0.00 $0.00 S0.00 w0.00 $0.00 1 $0.00 1 $0.00 | Subtotal Year roDate $0.00 $0.00 $0.00 $0.00 w0.00 $0.00 $0.00 $0.00 $0.001 $0.00 1 $0.00 1 $0.00 |------------------- -------------------------------------------------------- -------------------------------- -------- anwmann | Subtotal Month | $0.00 $m00| s0.00 $0.00 1 $0.001 $0.00 1 $0.00 1 $0.00 1 $0.001 $0.00 1 $0.00 1 som | Subtotal Year mDate | nuoo $0.00| n0.00 $0.00 1 u0.00 1 $0.00 1 $0.()0 1 $uou 1 $0.00 $0.()01 m0.00 1 $uoo |------------------- -------------------------------- -------- - - - - - - - - - - - - - - - - -------- ------------------------ -------- ymTALS \ mmnm | $10,i3o.75 ) $5.721.3* | o".ron.uo | w6.678.81 | $o.yy^.m\ w.mm.uo| v3.249.78 | $1.531a* | ua.`r^.ro| $3.*115.57 | w2.532.31 | $9,818.08 | ) Year ToDate | o10,138.75 | *15,860.09 | $20.645.18 } n27.323.99 | $33,318.17 | $37,401.37 | $40.651.15 | $42,182.79 | $45,357.51 | $48,843.08 | $51.375.39 | S61.193.*7 | -------------------------------------------------------------------------------------------------------------------------------- W AffSSISS7PPI WATERS ALWAGIMENT ORGAJAM77ON AUDIT REPORT JANUARY31, 1993 WEST'MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION TABLE OF CONTENTS LIM Auditors Opinion 1 Balance Sheet 2 Statement of Revenue and Expenditures 3 Notes to the Financial Statement 4 Babcock, Langbein aad Company C=t ried Pubic Aoca nrsaGs A Proksuond Auocia on Mi wcVo&, Mbwmao. (612) 781 -9354 West Mississippi Watershed Management Organization 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To the Members of the Commission: We have audited the balance sheet of the West Mississippi Watershed Organization at January 31, 1993, and the related statements of revenue and expenditures for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards which require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly the financial position of West Mississippi Watershed Management Organization at January 31, 1993, and the results of the operations for the year ended, in conformity with generally accepted accounting principles applied on a consistent basis. 6 6 Xv tR aiid C� y Babcock, Langbein and Company February 4, 1993 -1- WFST MISSISSIPPI WATERSlff D MANAGEMENT ORGANL A77ON BALANCE SIFT JANUARY 31, 1993 1993 1992 Assets Cash in Bank $ 57,878.99 $ 50,957.96 Total Assets 57,878.99 50,957.96 Liabilities and Fund Bahu= Liabilities Accounts Payable $ 7,163.56 $ 10,138.75 Total Liabilities 7,163.56 10,138.75 Fund Balance Unappropriated 50,715.43 40,819.21 Total Fund Balance 50,715.43 40,819.21 Total Liabilities and Fund Balance $ 57,878.99 $ 50,957.96 The accompanying notes are an integral part of these financial statements. -2- WEST MISSISSIPPI WATERSHED MANAGEMENT ORGANLZ.A77ON STATIDWENT OF REVENUE AND EXPEN.DrrURES FOR THE YEAR ENDED JANUARY 31 1993 Budget 1993 Variance 1992 Revenue Annual Assessment $ 61,500.00 $ 61,500.00 $ 0.00 $ 61,500.00 Interest 0.00 2,781.95 2,781.95 4,126.05 State of Minnesota 0.00 3,832.55 3,832.55 1,163.25 I.S.D. #11 0.00 0.00 0.00 28,000.00 Total Revenue 61,500.00 68,114.50 6,614.50 94,789.30 Management Plan 7,500.00 1,786.92 5,713.08 0.00 Legal 6,750.00 6,373.00 377.00 5,414.18 Secretarial 5,850.00 6,588.42 (738.42) 4,698.22 Meeting Expenses 500.00 318.32 181.68 340.25 Audit and Bonding 400.00 295.00 105.00 370.00 Technical Services 46,200.00 42,856.62 3,343.38 76,474.43 Contingencies 2,000.00 0.00 2,000.00 123.29 Total Expenditures 69,200.00 58,218.28 10,981.72 87,420.37 Excess Revenue Ex nditur ( pe es $ (7,700.00) $ 9,896.22 $ 17,596.22 $ 7,368.93 The accompanying notes are an integral part of these financial statements. -3- WEST MISSISSIPPI WAMR.SIED MANAGEWENT ORGAAIZ A77ON NOTES TO FINANCIAL STA722K ENTS FOR 77IE YEAR ENDED 1ANUARY31, 1993 The West Mississippi Watershed Management Organization was established as a Joint Powers Watershed Organization in 1984 to review and adopt local water management plans and to regulate the use and development of land within the West Mississippi Watershed. These financial statements present all activities of the Commission. Note 1. Summm7 of Sbw ficaat Accounting Policies The Commission accounts for receipts and disbursements on the cash basis. Accrual entries are made for year end financial statement presentation. No 2 Cash and lavestmeats Cash retained from excess receipts over disbursements was invested in a savings account. Cash and savings account balances at January 31, 1993 were as follows: 4M Fund $ 57,878.99 Total $ 57,878.99 Note 3. Revenue from Member Muaicrualities Each member's contribution toward the $61,500.00 annual revenue is computed using a formula which considers area and assessed valuation. For the year ended January 31, 1993, members' contributions were as follows: Total Cost Dollar Percentage Brooklyn Center $ 11,715.75 19.05% Brooklyn Park 30,965.25 50.35% Champlin 14,329.50 23.30% Maple Grove 3,351.75 5.45% Osseo 1,137.75 1.85% Total $ 61,500.00 100% -4- CITY OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda It= Number 9 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION OF RFP FOR TOWING SERVICE DEPT. APPROVAL: Gerald G. Splinter, City Manage MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Requested by Councilmember Mann. RECOMMENDED CITY COUNCIL ACTION CITY OF BROOKLYN CENTER Council Meeting Dete 8 6/28/93 Agenda Item Number -/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION OF FEASIBILITY OF CABLECASTING COUNCIL WORK SESSIONS DEPT. APPROVAL: Gerald G. Splinter, City Manage MANAGER'S REVIEW/RECONMENDATION: � No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Requested by Councilmember Mann. RECOMMENDED CITY COUNCIL ACTION CITY OF BROOKLYN CENTER Council Meeting Date a 93 • Agenda Item Number �Da/ REQUEST FOR COUNCIL CONSIDERATION ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER DEPT. APPROVAL: �I 1 1 a4 A Charles Hansen, Finance Director MANAGER'S REVIEW /RECOMMSNDATIO No comments to supplement this report Comments below /attached * * * * * * * * * * ** ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The City recently received checks from the Rotary Club of Brooklyn Center totaling $800. The Club asked that its gift be used for the "Entertainment in the Parks" recreation program in the amount of $300, and for planting flowers in Central Park in the amount of $500. The attached resolution would acknowledge the gift with appreciation and designate its use. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. ho a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER -------------------------------------------------- WHEREAS, the Rotary Club of Brooklyn Center has presented the City a gift of eight hundred dollars ($800) and has designated that it be used for the "Entertainment in the Parks" recreation program and for flowers in Central Park; and WHEREAS, the City Council is appreciative of the gift and commends the Rotary Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Councilef "the City of Brooklyn Center, Minnesota, to acknowledge the gift with gratitude and appropriate the $800 as follows: Recreation Programs, "Entertainment in the Parks" $300 Parks Maintenance, Landscape Materials & Supplies $500 Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Number /o b • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE BROOKDALE AREA STORM WATER PLANNING STUDY DEPT. APPROVAL: Sy Knap67Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: - No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes At its regular meeting of March 8, 1993, the City Council adopted Resolution No. 93 -38, which formally initiated the development of the Brookdale Area Storm Water Planning Study. In accordance with the City's "Policy for Procurement of Professional Services ", proposals were solicited from consulting firms who provide the necessary expertise and experience to complete such a study. A selection committee was then appointed to review proposals. Interviews were conducted, and the selection committee has recommended the firm of Short- Elliott- Hendrickson Inc. (SEH) for the development of the proposed study. The attached memorandum from City Engineer Mark Maloney reports the activities and recommendations of the selection committee. RECOMMENDED CITY COUNCIL ACTION A resolution which accepted the proposal and approves execution of a contract with Short - Elliott- Hendrickson Inc. is attached for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE BROOKDALE AREA STORM WATER PLANNING STUDY - WHEREAS, Resolution No. 93 -38, adopted March 8, 1993, authorizes the solicitation of proposals from consultants for the development of the Brookdale Area Storm Water Planning Study; and WHEREAS, the City's approved "Policy for Procurement of Professional Services" provides for the creation of a selection committee; and WHEREAS, the selection committee created for this purpose has recommended that the City enter into a contract with the firm of Short - Elliott- Hendrickson, Inc. (SEH), for the provision of professional services in conjunction with the development of the Brookdale Area Storm Water Planning Study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The report and recommendation of the selection committee is hereby accepted. 2. The Mayor and City Manager are hereby authorized and directed to enter into a professional services contract between the City of Brooklyn Center and SEH, Inc. 3. Funding for the costs of this project shall be provided by the Storm Drainage Utility Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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. MEMORANDUM DATE: June 23, 1993 TO: Sy Knapp, Director of Public Works FROM: Mark J. Maloney, City Engineer RE: Brookdale Area Storm Water Planning Study Consultant Selection Committee Report Background At its regular meeting of March 8, 1993, with Resolution No. 93 -38, the City Council formally initiated the development of the Brookdale Storm Water Planning Study. Resolution No. 93 -38 directed the City Engineer to prepare a Request For Proposals (RFP), and to submit the RFP to the firms of Barr Engineering, Bonestroo - Rosene - Anderlik & Associates (BRAA), Orr- Schelen & Mayron Associates (OSM), and Short- Elliott- Hendrickson Inc.(SEH). The resolution also provided for the creation of a selection committee, in accordance with the City's adopted "Policy for Procurement of Professional Services". The approved membership f the committee was S Knapp, P Y PP , Director of Public Works a representative of the City of Minneapolis, and a representative of Brookdale. Finally, the resolution indicated that the funding for this study be provided by the Storm Drainage Utility Fund. At the time of original report to the Council, staff had estimated the cost of this proposed study to be in the range of $15,000 to $20,000. Accordingly, the City Engineer developed a Request For Proposals for the study, and met with representatives of both Brookdale and the City of Minneapolis to discuss their comments and suggestions. With regard to the approved list of consultants to receive the RFP, I note the following: • The original list included the firm of BRAA, the firm that the City is currently under contract with for the development of Brooklyn Center's Local Water Management Plan. Because of our concerns with BRAA's relatively slow progress on the Local Plan, and their apparent problems with staffing, we elected to not send them a RFP. • City of Minneapolis staff suggested including two firms who have recently performed notable work for them on similar drainage studies -the firms of Henningson Durham and Richardson (HDR), and Wenck Associates. Both firms have excellent reputations and were subsequently added to the list of approved consultants for the RFP mailing. The selection committee was ultimately comprised of Ms. Jodi Polzin, a member of the City of Minneapolis Engineering Design Staff, and me. As you know, your workload during this process prohibited your involvement, and you delegated your selection committee responsibilities to me. Also, Brookdale's management decided not to specifically be involved in the consultant selection process; they felt comfortable with the development of the RFP and stated that they would trust our judgment regarding the choice of the consultant. Proposal / Interview Process The RFP was then sent out to the revised list of consultants - Barr, OSM, SEH, HD &R, and Wenck. Only the firms of Barr and SEH, Inc. actually submitted proposals, with the others citing heavy work loads and other factors as reasons for not responding. The proposals were reviewed in detail by the selection committee, and one -hour interviews with the firms of Barr and SEH, Inc. were conducted on June 18, 1993. After the proposal review and interview process was completed, we formulated a consensus considering the best interests of Brookdale and the Cities of Brooklyn Center and Minneapolis. Selection Committee Recommendation The consensus of the selection committee was that, based on the proposals submitted and subsequent interviews, that the firm of Short- Elliott - Hendrickson, Inc. be selected to perform the consulting engineering services necessary for the development of the Brookdale Area Storm Water Study. The selection committee felt that SEH, Inc. could provide the most well- rounded, comprehensive approach to the issues concerning water quantity and quality for the Study Area. SEH, Inc. has proposed to perform the required services for a cost not -to- exceed $19,691. Note: Both firms submitted cost proposals which were reasonably close to the previously established estimate of $20, 000 - SEH @ $19,691 and Barr @ $21,873. While cost is always considered as one of many criteria for selection of a consultant, in this case it wasn't very significant. Both of these firms have excellent reputations and existing working relationships with staff, and the selection committee recognized that either firm would be capable of providing a study which met the overall needs of Brooklyn Center, Minneapolis and Brookdale. Submitted By: Approved By: Mark J. Maloney Sy ktiapp City Engineer Director of Public Works cc: File - Brookdale Storm Water Planning Study CITY OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Number /0 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING LOAD LIMITS ON PENN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH AND ON 55TH AVENUE NORTH FROM PENN AVENUE TO LOGAN AVENUE NORTH DEPT. APPROVAL: Sy Knapp, Di ctor of Public Works MANAGER'S REVIEW/RECOMNIENDATION: +, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes O The Administrative Traffic Committee has received a number of complaints in the past two years regarding semi truck traffic in the residential neighborhood north of 53rd Avenue, between Penn and Logan Avenues North. The semi truck traffic is frequent enough to be of concern to the neighborhood, both in terms of noise and safety and impact on the residential streets. We believe this traffic is the result of either drivers getting lost as they attempt to find a way to /from I94 and TH 100, or from some "shortcutters." The neighborhood does have valid concern about semi truck traffic on residential streets. The Administrative Traffic Committee recommends that the Council authorize the posting of load limits on Penn between 53rd and 55th Avenues, and on 55th from Penn to Logan. We believe these restrictions will either direct lost drivers onto 53rd Avenue rather than meandering through the residential neighborhood, or will notify the shortcutters that this route is no longer available to them. RECOMMENDED CITY COUNCIL ACTION By ordinance, load limits must be established by resolution. A resolution doing so is attached for Council consideration. ■ Orr 0 LI xxxx IN 0020 MIL �- - ■r■ ■■■■/1■ 1• � s � n ■ n r t = 1 � 1 � ID Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING LOAD LIMITS ON PENN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH AND ON 55TH AVENUE NORTH FROM PENN AVENUE TO LOGAN AVENUE NORTH WHEREAS, Section 25 -301 of the Brooklyn Center City Ordinances states that the City Council may by resolution designate weight load limits prohibiting vehicles of any kind rated in excess of five tons gross from driving on certain designated streets; and WHEREAS, the City's Administrative Traffic Committee recommends that to improve the public safety and to minimize excessive wear on residential streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Five tons gross weight restrictions hereby apply to Penn Avenue North from 53rd to 55th Avenues North. 2. Five tons gross weight restrictions hereby apply to 55th Avenue North from Penn Avenue North to Logan Avenue North. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 6/28/93 • Agenda Item Number 0 CS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1992 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E DEPT. APPROVAL: Sy Knapp, Direc r of Public Works MANAGER'S REVIEW/RECOMMENDATION: 0 * & . No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No) Improvement Project No.1992 -10 has been completed by Ceres Tree Service. The City Council accepted their proposal per Resolution 92 -83, and a contract was subsequently executed. Due to an overestimation of quantities, the actual value of work performed is $15,889.57 less than the original contract. Staff recommends acceptance of the work performed and authorization to make final payment to Ceres Tree Company. The final contract amount of $24,000.43 includes $245.25 sales tax on park tree removals. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Ceres Tree Company is attached for Council consideration. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1992 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Ceres Tree Service has satisfactorily completed the following improvement in accordance with said contract: IMPROVEMENT PROJECT NO. 1992 -10, 1992 Diseased Tree removal Program, CONTRACT 1992 -E NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved. 2. The actual value of work performed is $15,889.57 less than the original contract value, due to an overestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $24,000.43. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 06/28193 Agenda Item Number /D • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKLYN BLVD. SIDEWALK REPAIRS (IMPROVEMENT PROJECT NO. 1993 -08), ADA TRAIL IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1993 -09), REPLACEMENT OF DEFECTIVE SIDEWALKS IN MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1993 -10), EXPANSION OF PARKING LOT IN SOUTH PALMER LAKE PARK (IMPROVEMENT PROJECT NO. 1993 -11), REPAIR OF FREEWAY BLVD. (IMPROVEMENT PROJECT NO. 1993 -12), AND RECONSTRUCTION OF APPARATUS AREA IN NORTHPORT PARK (IMPROVEMENT PROJECT NO. 1993 -13), CONTRACT 1993 -E DEPT. APPROVAL• Sy Knapp, Dlre6ior of Public Works MANAGER'S REVIEW /RECOnEWENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Bids for Contract 1993 -E were received on June 23, 1993. This contract consists of the combination of several small related projects which involve sidewalk replacements, ADA compliance work, street repair, etc. The bidding results are tabulated as follows: Bidder Bid Amount Alber Construction $152,395.10 Valley Paving, Inc. $161,239.40 Thomas & Sons, Inc. $169,526.15 Gunderson Bros. Cement Co. $179,241.25 Sunram Construction $187,671.55 Of the five bids received, the lowest bid of $152,395.10 was submitted by Alber Construction of Rogers, MN. This compares to the previously established Engineer's Estimate of $150,950.00. Alber Construction has experience in performing all of the various items of work included in this contract. Alber most recently worked under contract in Brooklyn Center for the reconstruction of the sunken trail in Central Park, which was completed in 1992. Accordingly, staff recommends acceptance of the low bid and award of the contract to Alber Construction of Rogers, MN. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the low bid and awards a contract to Alber Construction, of Rogers, MN, is attached for consideration. lay Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKLYN BOULEVARD SIDEWALK REPAIRS (IMPROVEMENT PROJECT NO. 1993 -08), ADA TRAIL IMPROVEMENTS (IMPROVEMENT PROJECT N0, 1993 -09), REPLACEMENT OF DEFECTIVE SIDEWALKS IN MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1993 -10), EXPANSION OF PARKING LOT IN SOUTH PALMER LAKE PARK (IMPROVEMENT PROJECT NO. 1993 -11), REPAIR OF FREEWAY BOULEVARD (IMPROVEMENT PROJECT NO. 1993 -12), AND RECONSTRUCTION OF APPARATUS AREA IN NORTHPORT PARK (IMPROVEMENT PROJECT NO. 1993 -13), CONTRACT 1993 -E. WHEREAS, pursuant to an advertisement for bids for Contract 1993 -E, bids were received, opened, and tabulated by the Deputy City Clerk and Engineer, on the 23rd day of June, 1993. Said bids were as follows: Bidder Bid Amount Alber Construction $152,395.10 Valley Paving $161,239.40 Thomas & Sons Construction $169,526.15 Gunderson Bros. Cement $179,241.25 Sunram Construction $187,671.55 WHEREAS, it appears that Alber Construction, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $152,395.10, with Alber Construction of Rogers, Minnesota in the name of the City of Brooklyn Center for Contract 1993 -E according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return to all the bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Contract 1993 -E is hereby amended according to the following schedule: RESOLUTION NO. Improvement Project 1993 -08 Brooklyn Boulevard Sidewalk Repairs As Established As Amended by Council per Low Bid Contract $ 33,000.00 $ 47,906.05 Contingency $ 4,950.00 $ 4,790.61 Subtotal Construction $ 37,950.00 $ 52,696.66 Admin., Legal, Eng. (13 %) $ 4,950.00 $ 6,850.57 Total Est. Cost Improvement Project 1993 -08 $ 42,900.00 $ 59,547.23 Improvement Project 1993 -09, ADA Trail Improvements As Established As Amended by Council per Low Bid Contract $ 62,300.00 $ 65,692.05 Contingency $ 9,350.00 $ 6,569.21 Subtotal Construction $ 71,650.00 $ 72,261.26 Admin., Legal, Eng. (13 %) $ 9,350.00 $ 9,393.96 Total Est. Cost Improvement Project 1993 -09 $ 81,000.00 $ 81,655.22 Improvement Project 1993 -10. Replacement of Defective Sidewalks in Miscellaneous Locations As Established As Amended by Council per Low Bid Contract $ 17,500.00 $ 13,302.80 Contingency $ 2,630.00 $ 1,330.28 Subtotal Construction $ 20,130.00 $ 14,633.08 Admin., Legal, Eng. (13 %) $ 2.620.00 $ 1,902.30 Total Est. Cost Improvement Project 1993 -10 $ 22,750.00 $ 16,535.38 RESOLUTION NO. Improvement Project 1993 -11 Expansion of Parking Lot in South Palmer Lake Park As Established As Amended by Council per Low Bid Contract $ 11,200.00 $ 12,382.70 Contingency $ 1,680.00 $ 1,238.27 Subtotal Construction $ 12,880.00 $ 13,620.97 Admin., Legal, Eng. (13 %) $ 1,720.00 $ 1,770.73 Total Est. Cost Improvement Project 1993 -11 $ 14,600.00 $ 15,391.70 Improvement Project 1993 -12 Repair of Freeway Boulevard As Established As Amended by Council per Low Bid Contract $ 6,350.00 $ 6,008.50 Contingency $ 950.00 $ 600.85 Subtotal Construction $ 7,300.00 $ 6,609.35 Admin., Legal, Eng. (13 %) $ 950.00 $ 859.22 Total Est. Cost Improvement Project 1993 -12 $ 8,250.00 $ 7,468.57 Improvement Project 1993 -13 Reconstruct Apparatus Area in Northport Park As Established As Awarded by Council per Low Bid Contract $ 20,600.00 $ 7,103.00 Contingency $ 3,090.00 $ 710.30 Subtotal Construction $ 23,690.00 $ 7,813.30 Admin., Legal, Eng. (13 %) $ 3,080.00 $ 1.015.73 Total Est. Cost Improvement Project 1993 -13 $ 26,770.00 $ 8,829.03 TOTAL ESTIMATED COST CONTRACT 1993 -E $196,270.00 $189,427.13 RESOLUTION NO. 4. All costs for Improvement Project Nos. 1993 -08, 1993 -10 and 1993 -12 shall be financed by Local State Aid Fund, Account No. 2911. All costs for Improvement Project Nos. 1993 -09, 1993 -11 amd 1993 -13 shall be financed by the Capital Projects Fund. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 06/28/93 Agenda Item Number �0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FURNISHING AND INSTALLING PLAYGROUND APPARATUS AT NORTHPORT PARK AND AT FREEWAY PARK, IMPROVEMENT PROJECT NO. 1993 -14, CONTRACT 1993 -F DEPT. APPROVAL: Sy Knapp, Dir for of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /atta hed SUMMARY EXPLANATION: (supplemental sheets attached • Bids for Improvement Project No. 1993 -14, Contract 1993 -F, Furnishing and Installing Playground Apparatus at Northport Park and at Freeway Park were received on June 15, 1993. The bidding results are tabulated as follows: Bidder Bid Amount Value Recreation $ 53,458.00 Minnesota Playground $ 56 125.55 Town & Country Fence $ 69,366.44 Odland Construction no bid z 1 This bidder proposed the installation of equipment which was neither specified nor approved prior to the bid opening. z This bidder claims that he could not get pricing for all of the specified components, and submitted a bid for only a portion of the proposed project. As noted above, the lowest apparent bidder in reality was proposing to furnish and install a design of modular play structure which had not been specified nor allowed for in the contract documents. Another bidder failed to bid on the project as a whole; only a portion of the bid proposal form was completed. Based • on the above, the lowest responsible bidder (who actually bid on what was specified) appears to be Minnesota Playground, of Golden Valley. According to their references, Minnesota Playground has furnished and installed numerous modular playstructures in the Metro area, and have experience in the interpretation of the new ADA requirements for the design and layout of play facilities. The low bid of $56,125.55 compares favorably to the 1993 General Fund budget allocation of $63,900. Accordingly, staff recommends acceptance of the low bid and award of the contract to Minnesota Playground of Golden Valley, MN. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the low bid and awards a contract to Minnesota Playground, of Golden Valley, MN, is attached for consideration. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FURNISHING AND INSTALLING PLAYGROUND APPARATUS AT NORTHPORT PARK AND AT FREEWAY PARK, IMPROVEMENT PROJECT NO. 1993 -14, CONTRACT 1993 -F WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1993 -14, bids were received, opened, and tabulated by the City Engineer on the 15th day of June, 1993. Said bids were as follows: Bidder Bid Amount Value Recreation $53,458.00 Minnesota Playground $56,125.55 Town & County Fence $69,366.44 Odland Construction No Bid WHEREAS, the lowest apparent bidder at the bid opening, Value Recreation, was in fact intending to furnish and install playstructure equipment which was neither specified nor approved; and WHEREAS, it appears that the lowest responsible bidder for this contract is Minnesota Playground, of Golden Valley, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $56,125.55, with Minnesota Playground of Golden Valley, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1993 -14 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 6/28/93 _�/ Agenda Item Number �1 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTIONS APPROVING AMENDED JOINT POWERS AGREEMENTS FOR THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND FOR THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION DEPT. APPROVAL: Sy Knapp, IA ctor of blic Works 10 1 A MANAGER'S REVIEW/RECOMMENDATION: * 5ia No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes In 1984 the City of Brooklyn Center entered joint powers agreements to form the Shingle Creek Watershed Management Commission ( SCWMC) and the West Mississippi Watershed Management Commission ( WMWMC), to initiate watershed management programs in accordance with Minnesota Statutes Chapter 509. In 1990 the Minnesota Legislature made major changes to the law and directed the Board of Water and Soil Resources (BWSR) to adopt rules to implement those changes. BWSR adopted those rules in August 1992 and transmitted to the WMC's in October 1992. Under those rules all WMC's must amend their Joint Powers Agreements by July 27, 1993. Both the SCWMC and the WMWMC requested their attorney Curt Pearson to prepare the revisions needed to comply to the law. Copies of the proposed amendments and Mr. Pearson's cover letters are attached. RECOMMENDED CITY COUNCIL ACTION Two resolutions, approving the amended joint powers agreements, are provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, Minnesota Laws of 1982, Chapter 509, requires all metropolitan watersheds to organize, either as a joint powers group or as a watershed district, and WHEREAS, the nine cities with lands in the Shingle Creek watershed adopted a Joint Powers Agreement in 1984 creating the Shingle Creek Watershed Management Commission, and the nine cities have worked cooperatively since said time to manage surface and groundwater concerns in the watershed, and WHEREAS, the Minnesota legislature has over the years adopted many new laws mandating the Commission to perform additional duties and to be responsible for public concerns relating to surface and groundwater, and in 1990 adopted major changes in legislation known as the "Metropolitan Surface Water Management Act ", renumbered state statutes, and directed the Board of Water and Soil Resources to promulgate new rules regarding water management organizations, and WHEREAS, the new state rules became effective August 1, 1992, and directed all joint powers water management organizations to amend their joint powers agreements to be consistent with the new state laws and Board of Water and Soil Resources rules, and WHEREAS, the Shingle Creek Watershed Management Commission has prepared a revised joint powers agreement to comply with state mandates and state law, and the Commission has reviewed and recommended that each member city approve the new Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to execute the attached Amended Joint Powers Agreement which will continue the Shingle Creek Watershed Management Commission with powers and duties as expressed therein and consistent with state statutes and rules of the Board of Water and Soil Resources. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy 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. * � 4 1 LAW OFFICES WURST, PEARSON, LARSON, UNDERWOOD & MERTZ A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS ONE FINANCIAL PLAZA, SUITE 1100 120 SOUTH SIXTH STREET A. THOMAS WORST, P.A. MINNEAPOLIS, M I N N E S O T A 5 540 2 -1 803 TELEPHONE CURTIS A. PEARSON, P.A. (612) 338 -4200 JAMES D. LARSON, P.A. June 1, 1993 FAX NUMBER THOMAS F. UNDERWOOD, P.A. (612) 338 -2625 CRAIG M. MERTZ ROGER J. FELLOWS Mr. Sy Knapp Shingle Creek WMO Commissioner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Re: Shingle Creek WMO Joint Powers Agreement Dear Commissioner Knapp: The 1990 Minnesota Legislature made some major changes in the "Metropolitan Surface Water Management Act" and recodified the law into Section 103B.201 through 103B.251. The Legislature also directed that the Board of Water and Soil Resources promulgate and adopt rules to implement the legislation. In October of 1992, the adopted rules, Minnesota Rules Chapter 8410, were transmitted to the Water Management Organization. The rules became effective August 1, 1992. The Shingle Creek Water Management Commission directed the Commission's attorney to review the rules and the amended legislation. Rule 8410.0030, Subd. 2, requires that all joint powers agreements be updated to be in conformance with the legislation and the rules by July 27, 1993. At the regular May meeting of the Shingle Creek Water Management Commission, an amended Joint Powers Agreement was reviewed and recommended to each of the member Cities. We enclose herewith a copy of a proposed amended Joint Powers Agreement which will meet the State's mandates. The Commission wanted only the essential changes incorporated as mandated by the statute or the new rules. They directed me to provide a coversheet to indicate the changes and to explain why the Joint Powers Agreement needs to be amended. This letter will give you that information. We ask that each Commissioner review this with their City and get it approved as soon as possible. Page 1 - References are made to the new laws. Changes in language to correctly recite the history of the Commission. Also various number changes to reflect the new statute numbers. Page 2 - Statute number changes and amended language to reflect history. WORST, PEARSON, LARSON, UNDERWOOD & M ERTZ Pages 3- Deletes prior stated purposes and replaces them with and 4 language directly quoting the statutory purpose section. Renumbers 8 and 9 which are additional purposes established by the Commission and specifically includes groundwater responsibility. States purpose of all member cities to comply with the Act. Page 5 - Number changes and wording changes relating to surface water and groundwater contamination. Page 6 - Number changes and correction of name of state agency to meet new name given by legislation. Page 7 - Number changes only. Page 8 - Number changes and adds wording to comply with requirements on appointments and vacancies on the Commission. Requires reporting to State. Page 9 - Number changes and new wording on the authority to remove Commissioner or Alternate Commissioner. This is required by new rules. Additional wording on vacancies - requirement to file. Page 10 - Additional wording to cover notice on meetings; required by new rules. Page 11 - Number changes and incorporates BWSR rules and gives Commission authority to act in the manner prescribed by law. Page 12 - Number changes and incorporates state legislation re the BWSR rules and regulations. Page 13 - Number and name changes. Changes vote on overall plan from 2 /3rds to majority. This is mandated by state legislation - only on capital improvements can a Joint Powers Agreement require more than a majority. Page 14 - Includes groundwater responsibility within the water- shed. Page 15 - Requires annual audit to be by a certified public accountant or the State Auditor. Page 16 - Changes what is to be included in Commission's annual report to its members to meet rules - statute number changes. WORST, PEARSON, LARSON, UNDERWOOD & MERTZ Page 17 - Adds power to establish citizen or technical advisory committees and encourages public participation. Page 18 - Technical changes in wording. Page 19 - Incorporates statutory limitation on vote requirements for various projects. Page 20 - Number changes only. Page 21 - No changes. Page 22 - Number changes - clarifies capital improvement vote requires 2 /3rd vote of all members. Page 23 - No changes. Page 24 - Number changes. Adds authority re draining sewage or water onto lands within the watershed and authority re controlling the pollution of surface waters and groundwater. Incorporates BWSR rules. Page 25 - Number changes only. Page 26 - Changes assessed values to net tax capacity and changes limitation on assessments for costs from 1/2 mill to 1/2 of 1% of net tax capacity. Page 27 - Number changes - technical correction. Page 28 - Changes limitation on mill levy to limitation based on net tax capacity and changes votes on a supplemental budget to a majority. Page 29 - Changes assessed value to net tax capacity and limits are changed to 1/2 of 1% of net tax capacity. Page 30 - Changes assessed valuation to net tax capacity and changes vote requirement on certain capital costs from 7 /9ths to 2 /3rds to meet statutory language. Number changes. Page 31 - Deletes requirement to contribute to a start -up fund (this was completed in 1984). Page 32 - Adds notice requirements if the Commission is to be terminated to meet statutory requirements. WORST PEARSON. LARS N & M ERTZ O UNDERWOOD Page 33 - Changes notice requirement to add BWSR and changes requirement from 30 to 90 days and changes vote requirements to a majority. Indicates where notice of Council approval is to be sent. Page 34 - Number changes - new effective date. Signature pages will be circulated when all nine member cities have approved the agreement. We will work on the basis of the resolution approving the amended agreement. We will then circulate 12 copies of the signature page and as a result each City will receive an agreement signed by all parties. If you have any questions, please contact me. I'm also enclosing a sample resolution which you can use to have your City approve the agreement. Sincerely, n i' C' rtes Pe rson 0 Attorney, Shingle Creek Watershed Management Commission CAP:lh Enclosures AMENDED JOINT AND COOPERATIVE AGREEMENT ESTABLISHING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE SHINGLE CREEK WATERSHED PREFACE The Shingle Creek Watershed contains approximately 14 square miles and encompasses parts of the following cities: Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, Robbinsdale. The Shingle Creek Watershed contains four creeks and thirteen lakes. Up to the present t-ima- 1984 decisions regarding the water resources within the watershed have bee;1- were made on an individual municipality basis. In 1974, a Water Resources Management Plan was prepared through a joint effort of the cities but that plan was never officially adopted and no contractual relationship has existed between all the cities. Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven county Metropolitan area must be governed by a watershed management organization by DeGember 31, 1983 and said law has been amended and is now codified as Minnesota Statutes, Sections 103B.201 through 103B.251 The watershed is authorized to organize under joint powers agreement pursuant to Minnesota Statutes, Sections 103B.211 and 471.59 or if such an organization is not created, Hennepin County shall petition for the establishment of a watershed district under Minnesota Statutes, Chapter 11- 2- - 103D . All the cities in the Shingle Creek Watershed have expressed a desire to proceed with a joint powers organization and a Joint Powers Agreement establishing the watershed management organization was adopted by all nine Cities in 1984. The Commission created in 1984 has managed the watershed since 1984 -1- -i The Shingle Creek Watershed is in some ways unique in that one portion has an abundance of surface water and requires storage and flood control measures to protect residents and property. In seeking solutions to the overall surface water problems whether they be too much water or too little water, the law mandates and the cities within the watershed recognize that joint planning, joint cooperation, financial sharing and a contractual agreement are necessary. It has been determined by the nine cities involved in the Shingle Creek watershed that they desire to proceed under a Joint Powers Agreement rather than under Chapter 11-2 103D as a watershed district. Each party to this agreement has been fully advised that the Watershed Management Organization being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes Sections 103B.201 through 103B.251 as amended by this Agreement. It is further understood and agreed that it is the intent of this Agreement to assign to the watershed management organization, which has operated since 1984, the additional powers and duties assigned ty the Minnesota legislature to water management organizations. The management of water resources is a rapidly changing field, and new laws and regulations are being adopted and amended frequently, and it should not be necesary to amend this Agreement every time the legislature mandates changes. Each member further recognizes that this is a binding contract and failure to cooperate or to carry out a member's responsibilities will result in a breach of this contract. The purpose of this organization shall be to assist the nine member Shingle Creek Watershed cities to preserve and use natural water storage and retention systems to: Reduce to the greatest pre r et es of orte To improve water qua lity within the wat-eT-&hed- �v -edtt c C� f a n i l i t i e •• -6 . Te — sew e— a ti L F asseei w ith t i of their neighbef's preblems an- -public h ealth, 1. Protect, preserve, and use natural surface and groundwater storage and retention syst� ems; 2. Minimize public capital expenditures needed to correct flooding and water guality problems; 3. Identify and plan for means to effectively protect and improve surface water and groundwater quality; 4. Establish more uniform local policies and official controls for surface water and groundwater management; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; 8. Secure other benefits associated with the proper -3- management of surface and groundwater; 9. To promote and encourage cooperation among member cities in coordinating local surface water and groundwater vlans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. It is the intent of this Agreement to subject all nine cities in the Shingle Creek Watershed to a common set of policies and to comply in all respects with the provisions of the Metropolitan Surface Water Management Act. The purpose of this Preface is to clarify and establish for any court of review or any arbitrator or for the elected successors to the representatives who have entered into this agreement the reasons and purpose for this joint and cooperative venture. The parties to this Agreement realize that the success or failure of the Shingle Creek Watershed Organization created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party hereby agrees to be bound by this agreement and pledges its cooperation. -4- JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water within the Shingle Creek Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm -dT !iha -qe water management facilities to improve water quality, to promote ground water recharge, and to protect, promote and preserve water resources within the Watersheds. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 198-292, Sections 471.59 and "'" ° 7 4- 5 103B.201 to and including Section 473.883 103B.251 NAME I . The parties hereto create and establish the Shingle Creek Watershed Management Commission. GENERAL PURPOSE II. The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities it es to drain or and storm waters to alleviate damage b flood P , g Y waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of surface water and groundwater contamination and water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization -5- hereby created shall serve as the Watershed Management organization for the Shingle Creek Watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes, Section 473.875 tbroi:tj-h , 473.883, 103B.201 through 103B.251, both inclusive. DEFINITIONS III. For the purposes of this Agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement, the full name of which is "Shingle Creek Watershed Management Commission." It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section +;S.-BT', 103B.211 Subdivision 2. "Board" means the Board of commissioners of the Commission, consisting of one commissioner or one alternate commissioner from each of the governmental units which is a party to this agreement and which shall be the governing body of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Subdivision 4. "Governmental Unit" means any city, county, or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "Shingle Creek Watershed" means the area generally contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Shingle Creek and within the mapped areas delineated on the map filed with the Water Reseurees Board. -6- f Board of Soil and Water Resources originally filed pursuant to Minnesota Statutes, 473.877, Subd. 2 and as now amended by Minnesota Statutes, Chapter 103B MEMBERSHIP IV. The membership of the Commission shall consist of all of the following governmental units: City of Brooklyn Center City of Brooklyn Park City of Crystal City of Maple Grove City of Minneapolis City of New Hope City of Osseo City of Plymouth City of Robbinsdale (The foregoing list is intended to include all governmental units which are presently partially or entirely within the Shingle Creek Watershed to be controlled by this Agreement.) No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separete political subdivision. BOARD OF COMMISSIONERS V. Subdivision 1. The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the -7- a Board,and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner ". Subdivision 2. The council of each member shall determine the eligibility or qualification of its representative on the Commission but the terms of each Commissioner shall be as established by this agreement. Subdivision 3. The term of each Commissioner and Alternate Commissioner appointed by each member shall be three years and until their succesors are selected and uali f and shall commence on February 1 except q Y Y t P that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows: a. The Commissioners appointed by the Cities of Brooklyn Center, Brooklyn Park, and Crystal shall terminate on 0 February 1, 1945.94. b. The Commissioners appointed by the Cities of Maple Grove, Minneapolis, and New Hope shall terminate on February 1, 198-95. C. The Commissioners appointed by the Cities of Osseo, Plymouth, and Robbinsdale shall terminate on February 1, 1996. Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. The Commission shall notify the Board of Water and Soil Resources of member appointments and vacancies within 30 days after the Commission is notified by a member. Each member agrees to Publish a notice of vacancies resulting from the expiration of a Commissioner's or Alternate Commissioner's term or where a vacancy exists -8- t or any reason. Publication and notice shall be in accordance with Minnesota Statutes, Section 103B.227, Subds. 1 and 2, as they now exist or as subsequently amended. Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of 'errs the Commissioner's term, unless said Commissioner consents in writing or unless said council has presented the Commissioner with charges in writing and has held a public hearing after reasonable notice to the Commissioner. A member may remove a Commissioner or an Alternate Commissioner for Just cause or for violation of a Code of Ethics established by the Commission or by the Member City or for malfeasance, nonfeasance, or misfeasance. Said hearing shall be held by the Member City Council who appointed the Commissioner. A Commissioner or Alternate Commissioner who is an elected officer of a Member City who is not reelected may be removed by the appointing Member City at the appointing Member's discretion. Any decision by a Member to remove a Commissioner or Alternate Commissioner may be appealed to the Board of Water and Soil Resources. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Commissioner and its Alternate Commissioner. The Commission shall notify the Board of Water and Soil Resources of Member appointments and vacancies within 30 days after receiving notice from the Member. Members shall fill all vacancies within 90 days after the vacancy occurs. -9- Subdivision 6. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from providing compensation for its Commissioner for serving on the Board, if such compensation is authorized by such governmental unit and by law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner for expenses incurred in performing Commission business and if authorized by the Board. Subdivision 7. At the first meeting of the Board and in February of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it deems necess a t con y o duct its meetings and affairs. At the organizational meeting or a soon thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. The Board shall notify each Member City of the location and time of regular and special meetings called by the Board. A meeting shall be held at least annually, and all meetings shall be called and open to the public pursuant to Minnesota Statutes, Section 471.705, or as amended. POWERS AND DUTIES OF THE BOARD VI. Subdivision 1. The Commission, acting by its duly appointed Board of Commissioners, shall as it relates to flood control, water quality, -10- ground water recharge and water conservation or in its construction of facilities and other duties as set forth in Chapter-5� Minnesota Laws of 1-9-H 1992 and in Rules and Regulations of the Board of Water and Soil Resources have the powers and duties set out in this article or as prescribed by law Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part time or consulting basis as the Board determines and shall be considered Commission staff. Subdivision 3. It may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. Subdivision 4. It may acquire necessary personal property to carry out its powers and its duties._____ Subdivision 5. It shall develop an overall plan containing a capital impovement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Section 473.878 Chapter 103B Said overall plan shall establish a comprehensive goal for the development of Shingle Creek and shall establish a proposed procedure for accomplishing the purposes of the organization as set forth in Article II. In preparing the overall plan, the Board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factor which are relevant to the improvement and development of the Shingle Creek Watershed. Said overall plan shall include the location and adequacy of the -11- outlet or outfall of said Shingle Creek. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all subtrunk, subdistrict and branch lateral storm sewers. The Plan shall comply with state statutes and regulations promulgated and adopted by the Board of Water and Soil Resources. Upon completion of the overall plan, or amendment thereto, each member shall be supplied with a copy of the proposed plan and the plan shall be submitted for review and comment t as required bv state laws and regulations All governmental units which expect that substantial amendment of its local comprehensive plan will be necessary in order to bring their local v a-s -tom water management into conformance with the Commission's watershed plan shall describe as specifically as possible, the amendments to- the local plan which it expects will be necessary. The Commission shall hold a public hearing after 60 days mailed notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After such public hearing, the Board shall prescribe the overall plan which shall be the outline for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement programs which may require the provision of county funds pursuant to Minnesota Statutes Sections 2 - ar-- Seet+cn -- '43 or 103D.901 The County shall have 60 days to complete its review. If the County fails to complete its review within 60 days the plan and capital improvement programs shall be deemed approved. After completion of the review by Hennepin County, the plan and capital improvement programs shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 4-4-7-5-103B.231, Subd. 8, the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the er e Board of Water and Soil Resources for review as provided in Minnesota Statutes, Sections 103B.231, Subd. 9. After return of the plan, a copy of the plan shall be submitted to each of the members together with all comments of the reviewing authorities. The Commission shall wait for at least 30 days for comments from its members. The Commission shall adopt the overall plan within 120 days after approval of the plan by the r new& t� vow^,,, ��Board of Water and Soil Resources The Commission shall then implement the approved plan and approved capital improvement program by resolution of the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of o2/3rd a majority of all eligible votes of the then existing members of the Commission for Shingle Creek. A copy of the adopted plan shall be filed with the Clerk of each member governmental unit. Upon notice and hearing, as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section 4 103B.231 If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. I Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or P ublic organization to accomplish the purposes for which it is organized. Subdivision 8. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, water course, natural or artifical, within the Shingle Creek Watershed. Subdivision 9. It may order any member governmental_ unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to implement the overall plan. Subdivision 10. It shall regulate, conserve and control the use of storm and surface water and groundwater within the Watershed. Subdivision 11. It may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. Subdivision 12. It may establish and maintain devices for acquiring and recording q g hydrological and water u li a t data wit ' e 9 within the h quality Watershed. Subdivision 13. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the -14- Chair or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision 14. It shall provide any member governmental unit with technical data or any other information of which the Commission has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connecton with litigation or other proceedings between one or more of its members and any other political subdivision, commission, Board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watershed. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. Subdivision 17. It may collect monies, subject to the provisions of this agreement, from its members, Hennepin County and from any other source approved by a majority of its Board. Subdivision 18. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. Subdivision 19. It shall cause to be made an annual audit of the books and accounts of the Commission by a certified public accountant or the State Auditor and shall make and file a report to its members at least once each year including the following information: a. the finaneial e e n d i-t-i ems- e€- the -Ee�t -i --- err the approved budget b. the status watershed a reporting of revenues C. the b t cran s are-ted —by the G eFRFRissie n and ether ma tters , h• eh a-ffeet the - interests --ef the Gemmissien a reporting of expenditures; d. a financial audit report or section that includes a balance sheet, a classification of revenues and expenditures, an analysis of changes in final balances, and any additional statements considered necessary for full financial disclosure; and e. the status of all Commission proiects and work within the watershed. Copies of said report shall be transmitted to the Clerk of each member governmental unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 21. It may recommend changes in this agreement to its members. Subdivision 22. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 473 - 875 103B.201 through 103B.251 Subdivision 23. It shall cooperate with the State of Minnesota, Waters, Soils and Minerals of the Department of Natural Resources in complying with the requirements of Chapter 1 103G of the Minnesota Statutes. Subdivision 24. Each member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It may define and designate subtrunk and subdistricts within the watershed and shall have authority to separate the watershed into different subtrunks and subdistricts and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. Subdivision 26. It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means for Public participation. METHOD OF PROCEEDING VII. Subdivision 1. The procedures to be followed by the Board in carrying out the powers and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Board shall immediately proceed to prepare the overall plan as set forth in Article VI, Subdivision 5. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. The location and adequacy of the outlet for Shingle Creek shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the Shingle Creek watershed. In determining the necessary capacity for said outlet, the Commission shall take into consideration the quantity of land within the watershed which each member -17- consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting as a reservoir for surface waters. The commission may require from each member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional waters to Shingle Creek shall be commenced by any member governmental unit prior to approval of the Board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the Board after consultations with its professional engineers. Subdivision 4. All construction, reconstruction, extension or maintenance of Shingle Creek, including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedures outlines in Chapter 429 of the Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended and the proposed allocation of costs between members The Commission shall have authority to separate the watershed into subtrunks orsubdistricts if the capital improvement project and costs only -18- t benefit a subtrunk or subdistrict area. If the Commission determines that a capital improvement and capital cost benefits only a subtrunk or subdistrict area it may so designate that said area shall be responsible for said costs and may allocate the costs to said area or areas rather than to the entire watershed. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the Watershed. The Commission shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall be mailed not less than 45 days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. The Board may adjourn said hearing to obtain further information, may continue said hearing pending action of the member governmental units or may take such other action as it deems necessary to carry out the purposes of this Commission. To order the improvement, in accordance with the powers and duties established in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for capital improvement project shall require a favorable vote by two - thirds of all eligible votes of the then existing Board of the Commission. In all cases other than for capital improvement projects, a ma'o� rity vote of all eligible members of the Board shall be sufficient to order the work. The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. -19- After the Board has ordered an improvement it shall forward to all member governmental units an estimated time schedule for the construction of said improvement. The Board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429, or the charter requirements of any city, or to ascertain the method of financing which said member governmental unit utilize to pay its proportionate share of the costs of the improvement. Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. If the Commission proposes to utilize Hennepin County's bonding authority as set forth in Minnesota Statutes, Section 103B.251 or if the Commission proposes to certify all or any part of a capital improvement to Hennepin County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section 433: H37 103B.251 . Subdivision 5. The Board shall not order and no engineer shall be authorized by the Board to prepare plans and specifications before the Board has adopted a resolution ordering ring the improvement. The Board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determination of the Board as to the allocation of the costs of said improvement shall have 30 days after the commission resolution ordering the improvement to appeal said determination. ion. Said appeal shall be in writing -20- and shall be addressed to the Board asking for arbitration. The determination of the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the Board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the Board's order to construct, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as authorized by Minnesota Statutes for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures shall comply with all the requirements of law applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section - 434--8-83- 103B.251 Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts for capital improvement shall require a favorable vote of two - thirds majority of the eligible votes of the then existing members of the Commission. Subdivision 9. Supervision. All improvement contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member governmental unit awarding said contract or said member governmental unit may contract or appoint any qualified staff member or members of the Commission to carry ut said supervision, y s p ion, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report, advise and recommend to the Board on the ro ress of said p g ai -22- work. Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or condemn lands as ordered by the Board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the Shingle Creek Watershed except upon order of the -23- Board of this Commission. The Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the Watershed. Subdivision 11. Pollution Control and Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the watershed as this is one of the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any lands or into any watercourse or storm sewer draining into Shingle Creek. The Board may investigate on its own initiative and shall investigate upon petition of any member all complaints relating to pollution of surface water or groundwater draining to or affecting Shingle Creek or its tributaries. Upon a finding that the creek or surface waters or groundwaters are being polluted, the Board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water and groundwater in the watershed. Subdivision 12. Local Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes Section 103B.235 and/or by rules Promulgated and adopted by the Board of Water and Soil Resources The members also understand that the overall plan and capital improvement program required for the entire watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to a 3 coordinate the local plans with the watershed's overall plan. The members further understand and agree that upon completion and approval of the overall plan required by Minnesota Statutes - 3 - -t - 7 - 5 103B.231 each member will be required to present their local management plan to the Commission as required by Minnesota Statutes, Section-443—.$3 103B.235 It is therefore important that each member r P provide the Commission with their best effort to coordinate and lan for the individual ' p ividual member s local P lan at the same time the watershed overall plan is being assembled. FINANCES VIII. Subdivision 1. The Commission funds may be expended by the Board in accordance with this agreement and in accordance with the procedures as established by law and in the manner as may be determined by the Board. The Board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two Board members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer shall be required to file with the Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on said bond. Subdivision 2. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, engineering and legal expenses, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality q Y -25- data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with Subdivision 4 of this Article. The annual contribution by each member shall be based fifty percent (50 %) on the net tax capacity of all property within the Watershed and fifty percent (50 %) on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Shingle Creek Watershed. In no event shall any assessment require a contribution for general fund purposes to exceed one lf - of a mill on- each - del-lar a�se a valuat one half of one percent of the net tax capacity of lands within the watershed. Subdivision 3. (a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 3. Each member agrees to contribute to said funds its proportionate share of the engineering, legal and administrative costs as determined by the Commission as the amount to be assessed against each member as a cost of the improvement. The Board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the Commission for each project. Each member further agrees to pay to or contract with the member governmental unit awarding said contract for the improvement, its proportionate share of the cost of the improvement in accordance with the determination of the Board under Article VII, Subdivision 4. The member awarding the contract shall submit in writing copies of the engineer's certificate authorizing payment during construction and the member being billed agrees to pay its proportionate share of said improvement costs within 30 days after receipt of the statement. The member awarding the contract shall advise other contributing members of the tentative time schedule of the work and the estimated times when the contributions shall be necessary. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may by a vote of 2 /3rds of all eligible votes of the then existing members of the Commission decide to proceed to fund all or any part of the cost of a capital improvement contained in the capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section 433:8-8- - 103B.251 . It is expressed as a goal of this Agreement that cost sharing of capital. improvement costs be assigned and agreed to by members pursuant to Article VIII, Subdivision 5, Subsections 1 and 2 of this Agreement. Without such agreement, all improvements will be constructed pursuant to Minnesota Statutes, Section 413.BB 3 103B.251 The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 4 - ---& -103B.251 The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a '� -z /�� majority vote of all eligible members of the Commission and remitted to the County on or before b--e# the date prescribed by law each year. If it is determined to levy for maintenance, the Commission shall be required to follow the hearing process established by Minnesota Statutes, Sections 11 i. - 103D.915 and 103D.921 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. Subdivision 4. On or before July year, 1 of each the Board shall -27- •1 adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by tea- thi-r -d$ a majority of all eligible votes of the then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees to review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Each member agrees to provide the funds required by the budget and i said determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. The budget shall not in any event require any member to contribute in excess of ha F ., h d o l lar f one half of viic a�u.ii v1_ one percen of net tax capac ac it P — of all taxable p roperty P Y — P P Y within the watershed and within said members corporate boundaries. The schedule of payments by the members shall be determined by the Board in such a manner as to provide for an orderly collection of the funds needed. Upon notice and hearing, the Board by a favorable vote of - t-ht-e— -28- .a -fourz-� j a majority of all eligible votes of then existing members may adopt a supplemental budget requiring additions payments b the members within pp 1 9 q 9 P Y Y 60 days of its adoption but in no event shall the budget require any member to contribute in excess of ene—h l f o a -" ' l l en e aeh de llar of - asses •'>> ^^ one half of one percent of net tax capacity of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 473.882 103B.245 which authorizes a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and /or normal and routine maintenance of facilities. Subdivision 5. Cost Allocation. The Commission shall apportion to the respective members on either (1). e-r--(2) or (3) of the following bases: A negotiated amount to be arrived at by the members who have lands in the subdistrict responsible for the capital improvement. (472) (a) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the real p ro ) r - °� �t }; ^� net tax capacity of each member within the boundaries of the watershed to the total net tax capacity in the Shingle Creek Watershed area governed by this Agreement (b) Fifty percent of all capital costs or the -29- financing thereof shall be apportioned to each member on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Shingle Creek Watershed governed by this Agreement (c) Capital costs allocated under the 50% area /50% net tax capacity formula herein set forth may be varied by the Commission by a s 2 3rds vote if: (1) any member community receives a direct benefit from the capital improvement which benef it can be def fined as a lateral as well as a trunk benefit, or (2) the capital improvement provides a direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to an member for lands acquired b said Y q Y member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b) and (c) of this Section. (23) If agreement is not reached to proceed as set forth in Subsection 1 or 2 of this Subdivision and if the project is constructed and financed pursuant to Minnesota Statutes, Section - 3 - 3: - 88-3 103B.251 the members understand and agree that said costs will be levied on all taxable -30- property in the watershed as set forth in the statute. its preper-tionat — ----- - 1 : If ty per-Gent (50%) on the assessed valuation of all property withi-n the watershed and fifty per-Gent (50%) _-A the bag-is, of MISCELLANEOUS PROVISIONS IX. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to Shingle Creek or its tributaries without a permit from the Board of Commissioners. Permits may be granted by the Board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: (1) that there is an adequate outlet; and -31- i (2) that said construction is in conformance with the overall plan; and (3) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing its share to the general fund shall have the vote of its Board member suspended pending the payment of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its Board member suspended, pending the payment of its proportionate share. Any Board member whose vote is under suspension shall not be considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the Board. Subdivision 6. Enforcement. Members agree to be bound by the determination of the Commission and to agree to use their best efforts to carry out directives from the Commission; failure to respond may result in a legal action by the Commission to require the member to act under a court order. DURATION X . Subdivision 1. Each member agrees to be bound b the terms of this 5 Y agreement until January 1, 200-5.15, and it may be continued thereafter at the option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 20455, by the unanimous consent of the members. If the agreement is to be terminated, a notice of the intent to dissolve the Commission shall be -32- sent to the Board of Water and Soil Resources and to Hennepin Countv at least 90 days prior to the date of dissolution. Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any member may petition the Board to dissolve the Agreement. Upon 3 days notice in writing to the clerk of each member governmental unit and to the Board of Water and Soil Resources and to Hennepin County the Board shall hold a hearing and upon a favorable vote by -thf ee-feurth s a majority of all eligible votes of then existing Board members, the Board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each member governmental unit and if ratified by three - fourths of the councils of all eligible members within 60 days, said Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION XI. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. EFFECTIVE DATE XII. This agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreement by all nine members for the Shingle Creek Watershed. Said resolution shall be filed with the City Manager of the City of Brooklyn Gen Chairperson of the existing Shingle Creek Watershed Management Commission Apresently Fred Moore of the City of Plymouth) , who shall notify all members in writing of its effective date and set a date fer- the - beard's -fr t meeting. Said firsz- The effective date of the new amended Joint Powers Agreement shall be when approved by all the Cities and when the Mayor and other authorized City representatives have executed the amended Agreement. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.59. ,Approved by the City Council CITY OF BROOKLYN CENTER • 1993. By Attest *proved by the City Council CITY OF BROOKLYN PARK 1993. By Attest Approved by the City Council CITY OF CRYSTAL 1993. By Attest Approved by the City Council CITY OF MAPLE GROVE 1993. By Attest Approved by the City Council CITY OF MINNEAPOLIS 1993. By Mayor Approved as to legality: Attest City Clerk Assistant City Attorney Countersigned City Comptroller- Treasurer Approved by the City Council CITY OF NEW HOPE 1993. By Attest Approved by the City Council CITY OF OSSEO 1993. By Attest Approved by the City Council CITY OF PLYMOUTH 1993. By Attest Approved by the City Council CITY OF ROBBINSDALE i 1993. By Attest -35- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION WHEREAS, Minnesota Laws of 1982, Chapter 509, requires all metropolitan watersheds to organize, either as a joint powers group or as a watershed district, and WHEREAS, the five cities with lands in the West Mississippi watershed adopted a Joint Powers Agreement in 1984 creating the West Mississippi Watershed Management Commission, and the five cities have worked cooperatively since said time to manage surface and groundwater concerns in the watershed, and WHEREAS, the Minnesota legislature has over the years adopted many new laws mandating the Commission to perform additional duties and to be responsible for public concerns relating to surface and groundwater, and in 1990 adopted major changes in legislation known as the "Metropolitan Surface Water Management Act ", renumbered state statutes, and directed the Board of Water and Soil Resources to promulgate new rules regarding water management organizations, and WHEREAS, the new state rules became effective August 1, 1992, and directed all joint powers water management organizations to amend their joint powers agreements to be consistent with the new state laws and Board of Water and Soil Resources rules, and WHEREAS, the West Mississippi Watershed Management Commission has prepared a revised joint powers agreement to comply with state mandates and state law, and the Commission has reviewed and recommended that each member city approve the new Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to execute the attached Amended Joint Powers Agreement which will continue the West Mississippi Watershed Management Commission with powers and duties as expressed therein and consistent with state statutes and rules of the Board of Water and Soil Resources. RESOLUTION N0, Date Todd Paulson, Mayor ATTEST: Deputy 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. s LAW OFFICES WURST, PEARSON, LARSON, UNDERWOOD & MERTZ A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS ONE FINANCIAL PLAZA, SUITE 1100 120 SOUTH SIXTH STREET A. THOMAS WURST, P.A. MINNEAPOLIS, M I N N E S O T A 5 540 2 -1 803 TELEPHONE CURTIS A. PEARSON, P.A. (612) 338 -4200 JAMES D. LARSON, P.A. June 3, 1993 FAx NUMBER THOMAS F. UNDERWOOD, P.A. (612) 338 -2625 CRAIG M. MERTZ ROGER J. FELLOWS Mr. Sy Knapp West Mississippi WMO Commissioner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Re: West Mississippi WMO Joint Powers Agreement Dear Commissioner Knapp: The 1990 Minnesota Legislature made some major changes in the "Metropolitan Surface Water Management Act" and recodified the law into Section 103B.201 through 103B.251. The Legislature also directed that the Board of Water and Soil Resources promulgate and adopt rules to implement the legislation. In October of 1992, the adopted rules, Minnesota Rules Chapter 8410, were transmitted to the Water Management Organization. The rules became effective August 1, 1992. The West Mississippi Water Management Commission directed the Commission's attorney to review the rules and the amended legislation. Rule 8410.0030, Subd. 2, requires that all joint powers agreements be updated to be in conformance with the legislation and the rules by July 27, 1993. At the regular May meeting of the West Mississippi Water Management Commission, an amended Joint Powers Agreement was reviewed and recommended to each of the member Cities. We enclose herewith a copy of a proposed amended Joint Powers Agreement which will meet the State's mandates. The Commission wanted only the essential changes incorporated as mandated by the statute or the new rules. They directed me to provide a coversheet to indicate the changes and to explain why the Joint Powers Agreement needs to be amended. This letter will give you that information. We ask that each Commissioner review this with their City and get it approved as soon as possible. Page 1 - References are made to the new laws. Also various number changes to reflect the new statute numbers. Page 2 - Statute number changes and amended language to reflect history. Provides for the additional power mandated by state statutes and new state regulations. WURST, PEARSON, LARSON, UNDERWOOD & M ERTZ Pages 3- Deletes prior stated purposes and replaces them with and 4 language directly quoting the statutory purpose section. Renumbers 8 and 9 which are additional purposes established by the Commission and specifically includes groundwater responsibility. States purpose of all member cities to comply with the Act. Page 5 - Number changes and wording changes relating to surface water and groundwater contamination. Page 6 - Number changes. Page 7 - Number changes and correction of name of state agency to meet new name given by legislation. Page 8 - Number changes and adds wording to comply with requirements on appointments and vacancies on the Commission. Requires reporting to State. Page 9 - Number changes and new wording on the authority to remove Commissioner or Alternate Commissioner. This is required by new rules. Additional wording on vacancies - requirement to file. Page 10 - Additional wording to cover notice on meetings; required by new rules. References new state laws and rules and regulations of Board of Water and Soil Resources. Page 11 - Number changes and incorporates BWSR rules and gives Commission authority to act in the manner prescribed by law. Page 12 - Number changes and incorporates state legislation re the BWSR rules and regulations. Page 13 - Number and name changes. Changes vote on overall plan from 2 /3rds to majority. This is mandated by state legislation - only on capital improvements can a Joint Powers Agreement require more than a majority. Page 14 - Includes groundwater responsibility within the water- shed. Page 15 - Requires annual audit to be by a certified public accountant or the State Auditor. Revises annual reporting to meet new rules. t WORST, PEARSON, LARSON, UNDERWOOD & M ERTZ Page 16 - Changes what is to be included in Commission's annual report to its members to meet rules - statute number changes. Page 17 - Adds power to establish citizen or technical advisory committees and encourages public participation. Page 18 - Minor technical changes in wording. Page 19 - Incorporates statutory limitation on vote requirements for various projects. Page 20 - Number changes only. Page 21 - No changes. Page 22 - Number changes - clarifies capital improvement vote requires 2 /3rd vote of all members. Page 23 - No changes. Page 24 - Number changes. Adds authority re draining sewage or water onto lands within the watershed and authority re controlling the pollution of surface waters and groundwater. Incorporates BWSR rules. Page 25 - Number changes only. Page 26 - Deletes old references to assessed values and changes assessed values to net tax capacity and changes limitation on assessments for costs from 1/2 mill to 1/2 of 1% of net tax capacity. Page 27 - Number changes - technical correction. Page 28 - Changes limitation on mill levy to limitation based on net tax capacity and changes votes on a supplemental budget to a majority. Page 29 - Changes assessed value to net tax capacity and limits are changed to 1/2 of 1% of net tax capacity. Page 30 - Changes assessed valuation to net tax capacity and changes vote requirement on certain capital costs from 3 /4ths to 2 /3rds to meet statutory language. Number changes. Page 31 - Deletes requirement to contribute to a start -up fund (this was completed in 1984). WORST, PEARSON, LARSON, UNDERWOOD & MERTZ Page 32 - Extends duration of agreement from 2005 to 2015. Page 33 - Adds notice requirements if the Commission is to be terminated to meet statutory requirements and changes notice requirement to add BWSR and changes requirement from 30 to 90 days and changes vote requirements to a majority. Page 34 - Indicates where notice of Council approval is to be sent. , Number changes - new effective date. Signature pages will be circulated when all five member cities have approved the agreement. We will work on the basis of the resolution approving the amended agreement. We will then circulate 8 copies of the a signed signature page and as a result each City will rece ive an agreement 9 ned b Y all parties. If you have any questions, please contact me. I'm also enclosing a sample resolution which you can use to have your City approve the agreement. Sincerely, Curtis A. Pearson Attorney, West Mississippi Watershed Management Commission CAP:lh Enclosures JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A WEST MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE WEST MISSISSIPPI WATERSHED PREFACE The Upper Mississippi River Watershed lying West of the Mississippi River is a small isolated minor watershed that is basically a direct tributary to the Mississippi River. It encompasses parts of the following cities: Champlin, Brooklyn Center, Brooklyn Park, Maple Grove, Minneapolis, Osseo., A very small section of the Upper Mississippi Watershed as defined by the Metropolitan Council is in the City of Dayton but it is not proposed that said area be annexed to or governed by this Agreement. The southerly boundary of the West Mississippi River Watershed can reasonably e established on the Brooklyn Center/Minneapolis cor Y orate Y P line (i.e. - the centerline of 53rd Avenue North) and the small area of the Upper Missisippi Watershed in Minneapolis can be joined to the Middle Mississippi River Watershed and be planned and controlled by the Watershed Management Organization being established for the Middle Mississippi area. Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven county Metropolitan area must be governed by a watershed management organization and that sueh sue an gan zation is t be ice. - existence by Deeeffiber 31, 1444-,- and said law has been amended and is now codified as Minnesota Statutes 1992, Sections 103B.201 through 103B.251. The Watershed is authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Section 471.59 and Section 103B.211 or if such an organization is not created, Hennepin County shall petition for the establishment of a watershed district under Minnesota Statutes, Chapter -1- I 103D All the cities in the West Mississippi Watershed have expressed a desire to proceed with a joint powers organization to establish a Watershed Management Organization which will comply with the law for management of this isolated minor watershed with drainage directly to the Mississippi River, excluding the small area in Minneapolis. It is the belief of these five cities that it will provide more efficient planning and administration if the West Mississippi River Watershed is planned and administered under a joint powers agreement. It has been determined by the five cities involved in the watershed that they desire to proceed under a Joint Powers Agreement rather than under Chapter 112 103D as a watershed district. Each party to this agreement has been fully advised that the Watershed Management Organization being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes Sections 473.875 to 473.883, 103B.201 through 103B.251 and as amended by this Agreement. It is further understood and agreed that it is the intent of this agreement to assign to the watershed management organization, which has operated since 1984, the additional powers and duties assigned by the Minnesota legislature. The management of water resources is a rapidly changing field and new laws and regulations are being adopted and amended frequently and it should not be necessary to amend this agreement ever time the legislature enacts a new law. Each member further recognizes that this is a binding contract and failure to cooperate or to carry out a member's responsibilities will result in a breach of this contract. The purpose of this organization shall be to assist the five member West Mississippi Watershed cities to preserve and use natural water storage -2- C Y. and retention systems to: te praetical extent the public capital aces of - runoff. 2. ve water quality within the watershed. 3. To p r-e v ent flood and —efesz on f rom s u r f-a e e flows. 4. To prefaete ground water reeharge. T- o pr-oteGt and enhance fish and wildlife habitat and water r eGreatienal-ia-ilitie,s�— -management of — surface- -water 7. To p r o m o c a 3 n d—e n e Ewa g e cooper a t' 6 A - &m9 rrq, frenia cz -cz tieS i n coordi nating local surface water plans and to he a�oarc of their neighbor's and —to —p- rote ^— the public health, safety, and general wpl.fare 1. Protect, preserve, and use natural surface and groundwater storage and retention systems; 2. Minimize public capital expenditures needed to correct flooding and water quality problems; 3. Identify and plan for means to effectively protect and improve surface water and groundwater quality; 4. Establish more uniform local policies and official controls for surface water and groundwater management; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; and -3- 8. Secure other benefits associated with the proper management of surface and ground water. 9. To promote and encourage cooperation among member cities in coordinating local surface water and groundwater plans and to be aware of their neighbor's problems and to protect the public health, safety, and general welfare. The West Mississippi Watershed waters flow through many sub - watersheds directly to the Mississippi River. It is not anticipated that the West Mississippi Watershed will have many capital improvement projects; if they do, it is hereby expressed that the intent of this Agreement is to encourage that the solutions should be handled by agreements between the Cities involved. It is the intent of this Agreement to subject all five cities in the West Mississippi Watershed to a common set of policies and to comply in all respects with the provisions of the Metropolitan Surface Water Management Act. The purpose of this Preface is to clarify and establish for any court of review or any arbitrator or for the elected successors to the representatives who have entered into this agreement the reasons and purpose for this joint and cooperative venture. The parties to this Agreement realize that the success or failure of the West Mississippi Watershed Organization created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party hereby agrees to be bound by this agreement and pledges its cooperation. -4- ` s JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands which drain surface water within the West Mississipi Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm d water management facilities to improve water quality, to promote ground water recharge, and to protect, promote and preserve water resources within the Watersheds. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 19$92, Section 4" .ten-, . 103B.201 to and including Section 4-73.883 103B.251 NAME I . The parties hereto create and establish the West Mississippi Watershed Management Commission. GENERAL PURPOSE II. The general purpose of this agreement is to provide an organization which can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of surface water and groundwater contamination and water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization -5- 1 3 hereby created shall serve as the Watershed Management Organization for the West Mississippi Watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes, Section 4:73 .875 } ''rough A 7 '-n- T 103B.201 through 103B.251 both inclusive. DEFINITIONS III. For the purposes of this Agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement, the full name of which is "West Mississippi Watershed Management Commission." It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section 4 103B.211 Subdivision 2. "Board" means the board of commissioners of the Commission, consisting of one commissioner or one alternate commissioner from each of the governmental units which is a party to this agreement and which shall be the governing body of the Commission. Subdivision 3. "Council" means the governing body of a governmental unit which is a member of this Commission. Subdivision 4. "Governmental Unit" means any city, county, or town. Subdivision 5. "Member" means a governmental unit which enters into this agreement. Subdivision 6. "West Mississippi Watershed" means the area generally contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped areas delineated on the map filed with the Board of Water -6- and Soil Resources LQ-r" originally filed pursuant to Minnesota Statutes, 473.877, Subd. 2 and as now amended b Minnesota Stat — � Chapter 103B MEMBERSHIP IV. The membership of the Commission shall consist of all of the following governmental units: City of Brooklyn Center City of Brooklyn Park City of Champlin City of Maple Grove City of Osseo (The foregoing list is intended to include all governmental units which are presently partially or entirely within the West Mississippi Watershed to be controlled by this Agreement.) No change in governmental boundaries, structure or organizational status shall affect the eligibility of any governmental unit listed above to be represented on the Commission, so long as such governmental unit continues to exist as a separete political subdivision. BOARD OF COMMISSIONERS V. Subdivision 1. The governing body of the Commission shall be its Board. Each member shall be entitled to appoint one representative on the board,and one alternate who may sit when the representative is not in attendance and said representative or alternate representative shall be called a "Commissioner ". Subdivision 2. The council of each member shall determine the eligibility or qualification of its representative on the Commission but -7- the terms of each Commissioner shall be as established by this agreement. Subdivision 3. The term of each Commissioner and Alternate Commissioner appointed by each member shall be three years and until their succesors are selected and qualify and shall commence on February 1, except that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows: a. The Commissioners appointed by the Cities of Brooklyn Center and Brooklyn Park shall terminate on February 1, 1� 1994 b. The Commissioners appointed by the Cities of Champlin and Maple Grove shall terminate on February 1, 14" 1995 C. The Commissioner appointed by the City of Osseo shall terminate on February 1, 14P 1996 Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the governmental unit of the member who appointed said Commissioner. The Commission shall notify the Board of Water and Soil Resources of member appointments and vacancies within 30 days after the Commission is notified by a member. Each member agrees to publish a notice of vacancies resulting from the expiration of a Commissioner or Alternate Commissioner's term or where a vacancy exists for any reason. Publication and notice should be in accordance with Minnesota Statutes, Section 103B.227, Subds. 1 and 2, as they now exist or as subsequently amended. Subdivision 4. The council of each member agrees that its representative commissioner will not be removed from the Board prior to the expiration of his- the Commissioner's term, unless said Commissioner consents in writing or unless said council has presented the Commissioner _Q_ with charges in writing and has held a public hearing after reasonable notice to the Commissioner. A member may remove a Commissioner of an Alternate Commissioner for Just cause or for violation of a Code of Ethics of the Commission or a member City, or formalfeasance ,nonfeasance, Said hearing shall be held by the Member City Council who appointed the Commissioner. A Commissioner who is an elected official of a Member City who is not reelected may be removed by the appointing Member City at the Member's discretion. Any decision by a Member to remove a Commissioner may be appealed to the Board of Water and Soil Resourses. A certified copy of the Council's Resolution removing said Commissioner shall be filed with the Secretary of the Board of Commissioners and shall show compliance with the terms of this section. Subdivision 5. Each member shall within 30 days of appointment file with the Secretary of the Board of Commissioners a record of the appointment of its Commissioner and its Alternate Commissioner. The Commission shall notify the Board of Water and Soil Resources of member appointments and vacancies within 30 days after receiving notice from the member. Members shall fill all vacancies within 90 days after the vacancy occurs. Subdivision 6. Commissioners shall serve without compensation from the Commission, but this shall not prevent a governmental unit from providing compensation for its Commissioner for serving on the board, if such compensation is authorized by such governmental unit and by law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner for expenses incurred in performing Commission business and if authorized by the Board. -9- 1 Subdivision 7. At the first meeting of the Board and in February of each year thereafter, the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer, and such other officers as it deems necessay to conduct its meetings and affairs. At the organizational meeting or a soon thereafter as it may be reasonably done, the Commission shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Commission provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent; a majority vote of all eligible votes of the then existing members of the Commission shall be sufficient to adopt any proposed amendment to such rules and regulations. The Board shall notify each member City of the location and time of regular and special meetings called or established by the Board. A meeting shall be held at least annually, and all meetings shall be called and open to the public pursuant to Minnesota Statutes, Section 471.705 or as amended. POWERS AND DUTIES OF THE BOARD VI. Subdivision 1. The Commission, acting by its duly appointed Board of Commissioners, shall as it relates to flood control, water quality, ground water recharge and water conservation or in the construction of facilities and other duties as set forth in Chapter Lags Of 1982 a nd e of feei litit B — rzT r-the West Mississippi ° ° - ° - - = - ° - - 103B, Minnesota Laws of 1992, and in Rules and Regulations of the Board of Water and Soil Resources have the powers and duties set out in this article and as prescribed by law Subdivision 2. It may employ such persons as it deems necessary to accomplish its duties and powers. Any employee may be on a full time, part time or consulting basis as the Board determines and shall be considered Commission staff. Subdivision 3. It may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. Subdivision 4. It may acquire necessary personal property to carry out its powers and its duties. Subdivision 5. It shall develop an overall plan containing a capital impovement program within a reasonable time after qualifying, and said plan shall meet all of the requirements as established in Minnesota Statutes, Section +44o- Chapter 103B Said overall plan shall establish a comprehensive goal for the development of the West Mississippi Watershed and shall establish a proposed procedure for accomplishing the purposes of the organization as set forth in Article II. In preparing the overall plan, the Board may consult with the engineering and planning staff of each member governmental unit. It may consult with the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factor which are relevant to the improvement and development of the West Mississippi Watershed. Said overall plan shall include the location and adequacy of the outlets or outfalls of subtrunks and subdistricts within the West Mississippi Watershed. The plan shall include the quantity of storage facilities and the sizing of an adequate outlet for all subtrunk, subdistrict and branch lateral storm sewers. The plan shall comply with state statutes and regulations and ado adopted b the Board of 5 promulgated P _.Y — Water and Soil Resources. -11- Upon completion of the overall plan or amendment thereto each member shall be supplied with a copy of the proposed plan and the plan shall be submitted for review and comment to uonnepi n County and the 14enn p n se -J- a nd Water- `ease .atien iDistri t as required by state law and regulations All governmental units which expect that substantial amendment of its local comprehensive plan will be necessary in order to bring their local waste management into conformance with the Commission's watershed plan shall describe as specifically as possible, the amendments to the local plan which it expects will be necessary. The Commission shall hold a public hearing after 60 days mailed notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be sent at the same time the plan is submitted to the members and to other governmental agencies. After such public hearing, the board shall prescribe the overall plan which shall be the outline for future action by the Commission. The Commission shall then submit the plan, any comments received and any appropriate amendments to the plan to the Board of Commissioners of Hennepin County. The County shall approve or disapprove projects in the capital improvement programs which may require the provision of county funds pursuant to Minnesota Statutes Section 112.69 Subd. 2 --Pf Section +74-.443-,103B.251 or 103D.901 The County shall have 60 days to complete its review. If the County fails to complete its review within 60 days the plan and capital improvement programs shall be deemed approved. After completion of the review by Hennepin County, the plan and capital improvement programs shall be submitted to the Metropolitan Council for its review. After completion of the review by the Metropolitan Council pursuant to Minnesota Statutes, Section 4:73.3:75 103B.231, Subd. 8, the Commission shall submit the plan to the Minnesota Commissioner of -12- Natural Resources and the Minnesota Pollution Control Agency for review and comment on the consistency of the plan with state laws and rules relating to water and related land resources and to the Board of Water and Soil Resources for review as provided in Minnesota Statutes, Section 112.46 103B.231, Subd. 9. After return of the plan, a copy of the plan shall be submitted to each of the members together with all comments of the reviewing authorities. The Commission shall wait for at least 30 days for comments from its members. The Commission shall adopt the overall plan within 120 days after approval of the plan by the Minnesota Water -Resources Board Board of Water and Soil Resources The Commission shall then implement the approved plan and approved capital improvement program by resolution of the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a favorable vote of 2 i� a majority of all eligible votes of the then existing members of the Commission for the West Mississippi Watershed. A copy of the adopted plan shall be filed with the clerk of each member governmental unit. Upon notice and hearing as provided for in adopting the overall plan, said plan may be amended by the Board on its own initiative or on the petition of any member governmental unit. The review provisions set forth in this section are those required by Minnesota Statutes, Section -. 76 103B.231 If the law is amended, approvals shall be as required by law and the provisions contained in this section shall be amended accordingly. Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. -13- Subdivision 7. It may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 8. It may order any member governmental unit or units to construct, clean, repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain, storm sewer, water course, natural or artifical, within the West Mississippi Watershed. Subdivision 9. It may order any member governmental unit or units to acquire, operate, construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to implement the overall plan. Subdivision 10. It shall regulate, conserve and control the use of storm and surface water and groundwater within the Watershed. Subdivision 11. It may contract for or purchase such insurance as the board deems necessary for the protection of the Commission. Subdivision 12. It may establish and maintain devices for acquiring and recording hydrological and water quality data within the Watershed. Subdivision 13. It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the Chair or Secretary of the Board of Commissioners with a Notice of Claim as required by Chapter 466.05 of the Minnesota Statutes. Subdivision 14. It shall provide any member governmental unit with technical data or any other information of which the Commission has knowledge which assist g will a t the governmental unit in preparing land use —1 d_ classifications or local water management plans within the watershed. Subdivision 15. It may provide legal and technical assistance in connecton with litigation or other proceedings between one or more of its members and any other political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watershed. The use of commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing members of the Commission. Subdivision 16. It'may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. Subdivision 17. It may collect monies, subject to the provisions of this agreement, from its members, Hennepin County and from any other source approved by a majority of its board. Subdivision 18. It may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. Subdivision 19. It shall cause to be made an annual audit by a certified public accountant or the state auditor of the books and accounts of the commission and shall make and file a report to its members at least once each year including the following information: a. the- fiRaRGial sonditien --of the GA-mmi-Rs -len- the approved budget b t he s t a t„ s G fall Gem i-s s i its and wo L k --w i thi4i-t-#e- -15- a reporting of revenues C. the business transaeted by the . ...... -- sion and other of a reporting of expenditures; d. a financial audit report or se ction that includes a balance sheet, a classification of revenues and expenditures, an analysis of changes in final balances, and a_ y additional statements considered necessary for full financial disclosure; and e. the status of all commission projects and work within the watershed; Copies of said report shall be transmitted to the clerk of each member governmental unit. Subdivision 20. Its books, reports and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 21. It may recommend changes in this agreement to its members. Subdivision 22. It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minnesota Statutes, Sections 473.845 thfeugh 103B.201 through 103B.251 Subdivision 23. It shall cooperate with the State of Minnesota, the Commssioner of Natural Resources and the Director of the Division of Waters, Soils and Minerals of the Department of Natural Resources in complying with the requirements of Chapter 145- 103G of the Minnesota Statutes. Subdivision 24. Each member reserves the right to conduct -16- s v separate or concurrent studies on any matter under study by the Commission. Subdivision 25. It may define and designate subtrunk and subdistricts within the watershed and shall have authority to separate the watershed into different subtrunks and subdistricts and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. Subdivision 26. It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means of Public participation. METHOD OF PROCEEDING VII. Subdivision 1. The procedures to be followed by the board in carrying out the powers and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this article. Subdivision 2. The Board shall immediately proceed to prepare the overall plan as set forth in Article VI, Subdivision 5. Upon adoption of said overall plan, the Board shall proceed to implement said plan, and this implementation may be ordered by stages. Subdivision 3. The location and adequacy of the outlets for the subdistrict and subtrunks within the West Mississippi Watershed shall be determined and the Commission shall then prepare plans which will provide capacity to outlet the surface waters which will be collected within the West Mississippi watershed. In determining the necessary capacity for said outlets, the Commission shall take into consideration the quantity of land within the watershed which each member governmental unit has to pond or act as a reservoir for surface waters. It shall consider only lands which are under public ownership or under public control and that will be perpetually dedicated to acting as a reservoir for surface waters. The Commission may require from each member governmental unit a commitment in writing of the lands which shall be so dedicated, including a legal description of the gross area and the capacity in acre feet of water storage. No project which will channel or divert additional waters to subdistrict and subtrunks which cross municipal boundaries shall be commenced by any member governmental unit prior to approval of the board of the design of an adequate outlet or of adequate storage facilities. The adequacy of said outlet shall be determined by the board after consultations with its professional engineers. Subdivision 4. All construction, reconstruction, extension or maintenance of outlets for the various subdistrict and subtrunks, including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water or storm sewer system which involve construction by or assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedures outlined in Chapter 429 of the Minnesota Statutes except as herein modified. The Board shall secure from its engineers or some other competent person a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended and the proposed allocation of costs between members The Commission shall have authority to separate the watershed into subtrunks orsubdistricts if the capital improvement project and costs only benefit a subtrunk or subdistrict area. If the Commission determines that a capital improvement and capital cost benefits only a subtrunk or -1 R- subdistrict area it may so designate that said area shall be responsible for said costs and may allocate the costs to said area or areas rather than to the entire watershed. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit within the Watershed. The Commission shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall be mailed not less than 45 days before the hearing, shall state the time and place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. The Board may adjourn said hearing to obtain further information, may continue said hearing pending action of the member governmental units or may take such other action as it deems necessary to carry out the purposes of this Commission. To order the improvement, in accordance with the powers and duties established in Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement project shall require a favorable vote by two - thirds of all eligible votes of the then existing board of the Commission. In all cases other than for a capital improvement project, a majority vote of all eligible members of the Board shall be sufficient to order the work. The order shall describe the improvement, shall allocate in percentages the cost allocation between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate the member who will contract for the improvement in accordance with Subdivision 7 of this Article. After the Board has ordered an improvement it shall forward to all member governmental units an estimated time schedule for the construction _IQ_ y of said improvement. The Board shall allow an adequate amount of time, and in no event less than 45 days, for each member governmental unit to conduct hearings, in accordance with the provisions of the aforestated Chapter 429, or the charter requirements of any city, or to ascertain the method of financing which said member governmental unit utilize to pay its proportionate share of the costs of the improvement. Each member governmental unit shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. If the Commission proposes to utilize Hennepin County's bonding authority as set forth in Minnesota Statutes, Section "'�3- 103B.251 or if the Commission proposes to certify all or any part of a capital improvement to Hennepin County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section ""�3 103B.251 Subdivision 5. The Board shall not order and no engineer shall be authorized by the Board to prepare plans and specifications before the Board has adopted a resolution ordering the improvement. The Board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the members. Subdivision 6. Any member governmental unit being aggrieved by the determination of the Board as to the allocation of the costs of said improvement shall have 30 days after the commission resolution ordering the improvement to appeal said determination. Said appeal shall be in writing and shall be addressed to the Board asking for arbitration. The determination of the members appeal al be referred to a Boar PP sh 1 d of -20- r i Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Board of Commissioners, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the Commission and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of the Board's order to construct, repair, alter, reclaim or change the course or terminus of any ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as authorized by Minnesota Statutes, °e�tien r and for which two or more member governmental units shall be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the member governmental units, as ordered by the Board of Commissioners, after compliance with the statutes. All contracts and bidding procedures shall comply with all the requirements -21- of law applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section - #7:883 103B.251 Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the powers set forth in Article VI, Subdivision 7, but said contracts for a capital improvement shall require a favorable vote of two - thirds majority of the eligible votes of the then existing members of the Commission. Subdivision 9. Supervision. All improvement contracts awarded under the provisions of Subdivision 7 of this Article shall be supervised by the member governmental unit awarding said contract or said member governmental unit may contract or appoint any qualified staff member or members of the Commission to carry out said supervision, but each member agrees that the staff of this Commission shall be authorized to observe and review the work in progress and the members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The staff of this Commission shall report, advise and recommend to the Board on the progress of said work. Subdivision 10. Land Acquisition. The Commission shall not have -22- s the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or condemn lands as ordered by the Board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the West Mississippi Watershed except upon order of the Board of this Commission. The Commission shall have authority to establish land acquisition -23- policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the Watershed. Subdivision 11. Pollution Control and Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the Watershed as this is one of the main purposes set forth in the Surface Water Management Act. All member governmental units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any lands or into any watercourse or storm sewer draining into the Mississippi River. The Board may investigate on its own initiative and shall investigate upon petition of any member all complaints relating to pollution of surface water or groundwater draining to or affecting the Mississippi River or its tributaries. Upon a finding that the creek or surface waters or groundwater are being polluted, the Board shall order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water and groundwater in the Watershed. Subdivision 12. Local Water Management Plans. The Commission shall have power and authority to review the members' local water management plans, capital improvement programs and official controls required by Minnesota Statutes 43 Section 103B.235 and/or by rules promulgated and adopted by the Board of Water and Soil Resources The members also understand that the overall plan and capital improvement program required for the entire Watershed must consist of the local parts in the plan and therefore every effort shall be made by the Commission to coordinate the local plans with the Watershed's overall plan. The members further understand and agree that upon completion and approval of the i' overall plan required by Minnesota Statutes 473.78- 103B.231 each member will be required to resent their local management plan to the Commission as P 9 P required by Minnesota Statutes, Section "- �7-2-8:79 - 103B.235 It is therefore important that each member provide the Commission with their best effort to coordinate and plan for the individual member's local plan at the same time the watershed overall plan is being assembled. FINANCES VIII. Subdivision 1. The Commission funds may be expended by the Board in accordance with this agreement and in accordance with the procedures as established by law and in the manner as may be determined by the Board. The Board shall designate one or more national or state bank or trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two Board members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer shall be required to file the Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on said bond. Subdivision 2. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, engineering and legal expenses, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality data. Said funds may also be used for normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be -25- treated as an improvement cost and processed in accordance with Subdivision 4 of this Article. The annual contribution b each member a y shall be based fifty percent (50 %) on the net tax capacity of all property within the Watershed and fifty percent (50 %) on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the b West Mississippi Watershed governed by this Agreement. In no event shall any assessment require a contribution for general fund purposes to exceed enema —ef a — mill — $n —caeh O one -half of one percent of the net tax capacity of lands within the watershed. Subdivision 3. (a) An improvement fund shall be established for each improvement project instituted under Article VII, Subdivision 3. Each member agrees to contribute to said funds its proportionate share of the engineering, legal and administrative costs as determined by the Commission as the amount to be assessed against each member as a cost of the improvement. The Board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the Commission for each project. Each member further agrees to pay to or contract with the member governmental unit awarding said contract for the improvement, its proportionate share of the cost of the improvement in accordance with the determination of the Board under Article VII, Subdivision 4. The member awarding the contract shall submit in writing copies of the engineer's certificate authorizing payment during construction and the member being billed agrees to pay its proportionate share of said improvement costs within 30 days after receipt of the statement. The member awarding the contract shall advise other contributing members of the tentative time -26- schedule of the work and the estimated times when the contributions shall be necessary. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may b a vote of 2 /3rds of all eligible votes of Y Y g the then existing members of the Commission decide to proceed to fund all or a art t cost improvement contained i the ca it any p of he o f of a capital improveme n capital improvement program of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section "7.883 103B.251 It is expressed as a goal of this Agreement that cost sharing of capital improvement costs be assigned and agreed to by members pursuant to Article VIII Subdivision 5 Subsections 1 and 2 of this Agreement. Without such n g agreement, all improvements will be constructed pursuant to Minnesota Statutes, Section 4 '.883 103B.251 The Commission and Hennepin County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Hennepin County pursuant to Minnesota Statutes, Section 473.88 1038.251 The levy and collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy resolution adopted by a 2/3r-d majority vote of all eligible members of the Commission and remitted to the County on or before October 10th of the date prescribed by law each year. If it is determined to levy for maintenance, the Commission shall be required to follow the hearing process established by Minnesota Statutes, Sections 13:-63 103D.915 and 103D.921 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days prior to the hearing. Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total s amount necessary for the general fund. Budget approval shall require a favorable vote by - a majority of all eligible votes of the then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees to review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Each member agrees to provide the funds required by the budget and said determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. The budget shall not in any event require any member to contribute in excess of one half ef -a-,R l on eae-h- dollar -^f assessed valuatinn one half of one percent of the net tax capacity of all taxable property within the watershed and within said members corporate boundaries. The schedule of payments by the members shall be determined by the Board in such a manner as to provide for an orderly collection of the funds needed. Upon notice and hearing, the Board by a favorable vote of thfee— f-e� a majority of all eligible votes of then existing members may adopt -28- a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event shall the budget require any member to contribute in excess of eRe -half ef a mill on ea dellaf of assessed one half of one percent of the net tax capacity of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 473.882 103B.245 which authorizes a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and /or normal and routine maintenance of facilities. Subdivision 5. Cost Allocation. The Commission shall apportion to the respective members on either (1) , (2) or (3) of the following bases: (1) A negotiated amount to be arrived at by the members who have lands in the subdistrict. It is anticipated that most capital improvements will be made under this provision; or (2) (a) Fifty percent of all capital costs or the financing thereof shall be apportioned to each member on the basis of the real property valuation net tax capacity of each member within the boundaries of the watershed each year to the total net tax capacity in the West Mississippi Watershed area governed by this Agreement. (b) Fifty percent of all capital costs or the financing thereof shall be apportioned to each -29- i s i member on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the West Mississippi Watershed governed by this Agreement (c) Capital costs allocated under the 50% area - 50% asse ssed valuation net tax capacity formula herein set forth may be varied by the Commission by a 3/4ti s 2/3rd vote of all eligible members if: (1) any member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a trunk benefit, or (2) the capital improvement provides a direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections (a), (b) and (c) of this Section. (3) If agreement is not reached to proceed as set forth in Subsection 1 or 2 of this Subdivision and if the project is constructed and financed pursuant to Minnesota Statutes, Section 473.883- 103B.251 the members understand and agree that said costs will be levied on all taxable -30- property in the watershed as set forth in the statute. Su bdi , as 1 - be nrqani zational- expense fund n-n-d to Provide for the operating budget n n e- a I and a ; ye a r 3 9 2 4 Each member 99yernmental unit shall eentribute of all property with-in the wate-E-R-hea a.nd fifty per-Gent (5Q%) on the basis of the total area of e-ac-44 membe-r uxi-thin the -beundar--Jes of the waters i ed'- MISCELLANEOUS PROVISIONS IX. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to the Mississippi River or its tributaries from any subdistrict or subtrunk without a permit from the Board of Commissioners. Permits may be granted by the Board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: (1) that there is an adequate outlet; and (2) that said construction is in conformance with the overall plan; and (3) that the construction will not adversely affect other members of this agreement. Subdivision 5. Any member who is more than 60 days in default in contributing its share to the general fund shall have the vote of its Board member suspended pending the payment of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its Board member suspended, pending the payment of its proportionate share. Any Board member whose vote is under suspension shall not be considered as an eligible member as such membership affects the number of votes required to proceed on any matter under consideration by the Board. Subdivision 6. Enforcement. Members agree to be bound by the determination of the Commission and to agree to use their best efforts to carry out directives from the Commission; failure to respond may result in a legal action by the Commission to require the member to act under a court order. DURATION X . Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 20$15, and it may be continued thereafter at the option of the parties. Subdivision 2. This agreement may be terminated prior to January 1, 20$15, by the unanimous consent of the members. If the agreement is to -32- . i a be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin County at least 90 days prior to the date of dissolution. Subdivision 3. In addition to the manner P rovided in Subdivision 2 for termination, any member may petition the Board to dissolve the agreement. Upon 36 90 days notice in writing to the clerk of each member governmental unit and the Board of Water and Soil Resources and Hennepin County the Board shall hold a hearing and upon a favorable vote by three fuarth a majority of all eligible votes of then existing Board members, the Board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each member governmental unit and if ratified by three - fourths of the councils of all eligible members within 60 days, said Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. DISSOLUTION XI. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. EFFECTIVE DATE XII. This agreement shall be in full force and effect upon the filing of a certified copy of the resolution approving said agreement by all five members for the West Mississippi Watershed area to be governed by this -33- Agreement. Said resolution shall be filed with the City of Breeklyn Chair of the existing West Mississippi Watershed Management Commission (presently Gerr Butcher of the City of Male Grove ) , who shall notify all members in writing of its effective date and set a-daa-lt--e Br-eeklyn Genter Eity Hail within 39 days aftei- the effeetive date and shall be ca l l ed by the Broo -n- Gen-t City Mura-c� The effective date of the new amended Joint Powers Agreement shall be when approved by all the Cities and when the Mayor and other authorized City representatives have executed the amended agreement. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.59. -34- h ^ 40 *proved by the City Council CITY OF BROOKLYN CENTER 1993. By Attest Approved by the City Council CITY OF BROOKLYN PARK 1993. By Attest Approved by the City Council CITY OF CHAMPLIN , 1993. By Attest Approved by the City Council CITY OF MAPLE GROVE , 1993. By Attest Approved by the City Council CITY OF OSSEO 1993. By Attest -35- CITY OF BROOKLYN CENTER Council Meeting Date 06/28/93 Agenda Item Number �0 / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: Sy Knapp, Kirector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The attached resolution represents the official Council action required to expedite removal of the trees most recently centl marked b the City tree inspector, in Y Y Y P , accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 06/28/93 ) WHEREAS, a Notice to Abate Nuisance and 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- KENNETH & PATRICIA COUTIER 6312 PERRY AVE N 14 KENNETH & PATRICIA COUTIER 6312 PERRY AVE N 15 ROBERT & SHIRLEY BROOKING 6001 ABBOTT AVE N 16 MARCIA ST. GEORGE 3101 68TH AVE N 17 CLARKE & CAROLINE BURLEY 6801 ZENITH AVE N 18 GLEN & SARA BUGGS 6806 BEARD AVE N 19 GARY OLSON 3715 69TH AVE N 20 KATHERINE LACOY 3025 65TH AVE N 21 ALBIN CHRISTIANSEN 3100 66TH AVE N 22 PETER TAUFEN 3313 65TH AVE N 23 RONALD & JEANETTE PIERI 3513 WOODBINE LN 24 JOSEPH & CHERYL TORRES 3812 72ND AVE N 25 WILLIAM & DELORES MAYLAND 5618 LILAC DR 26 ROBERT & SANDRA BECKER,JR. 6433 FREMONT AVE N 27 ROBERT & SANDRA BECKER,JR. 6433 FREMONT AVE N 28 BRUTGERS CO., INC. N OF 1121 63RD LN 29 PATRICIA WALLNER 7200 RIVERDALE 30 PATRICIA WALLNER 7200 RIVERDALE 31 RESOLUTION NO. 2. After twenty (20) days from the date of the 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. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date June 28, 1993 Agenda Item Number /— REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE "AT RISK YOUTH OUTREACH WORKER " PROGRAM ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Trevor A. Hampton, Chief of lice MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached no) The Brooklyn Center Police Department received a grant from the State of Minnesota to provide an "At Risk Youth Outreach Worker " for the period of March 1, 1991 until February 28, 1993. In the 1993 budget process the City Council found the program to be vital in the community of Brooklyn Center and decided to continue the "At Risk " program and fund it from March 1, 1993 until December 31, 1993. The City of Brooklyn Center owed the provider of these services, Invite Inc, for services rendered in 1992, however could not pay them until they received grant monies. The City of Brooklyn Center received the grant monies in 1993 by which time the 1992 records were closed. These monies should be put in the 1993 funds since that is where the 1992 expenditures were paid from. RECOMMENDED CITY COUNCIL ACTION Amend the 1993 General Fund Budget by increasing the estimated revenues for State Grants to $11,347 and increase the police department 's appropriation for contractual services by $11,347. /oJ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE "AT RISK YOUTH OUTREACH WORKER" PROGRAM ------------------------------------------------------------ WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the City Council passed Resolution 91 -51 approving an "At Risk Youth Outreach Worker" program funded by a State Grant to run through the end of 1992; and WHEREAS, there were unpaid bills owed to the vendor providing the service and unpaid grants from the State of Minnesota which weren't resolved until the accounting records for 1992 were closed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the 1993 General Fund Budget as follows: 1. Increase the estimated revenues for State Grants: $11,347 2. Increase the Police Department appropriation for contractual services: $11,347 Date Todd Paulson, Mayor ATTEST: Deputy 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 OI' BROOKLYN CENTER Council Meeting Date June 28, 1993 Agenda Item Number la 1C REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING MODIFICATION TO COMMUNITY DEVELOPMENT BLOCK GRANT JOINT COOPERATION AGREEMENT TO PROVIDE FOR ADMINISTRATIVE SERVICES FOR THE BROOKLYN CENTER COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION DEFERRED LOAN PROGRAM DEPT. APPROVAL: r Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECONDAENDATION: • No comments to supplement this report . Comments below /attached • SUNEY RY EXPLANATION: (supplemental sheets attached YES) At the April 26, 1993 Economic Development Authority (EDA) meeting, staff submitted a report recommending that administrative services for the Home Rehabilitation Deferred Loan program be done by Hennepin County's Office of Planning and Development staff and cancelling the current contract with the Metropolitan Council for administrative services. As background information, a copy of the April 26, 1993 council request form is included with this request. At the April 26, 1993 EDA meeting, the Brooklyn Center EDA authorized staff to prepare a contract for administrative services with Hennepin County. The Hennepin County Attorney's office has recommended to the Hennepin County Office of Planning and Development staff that the agreement for administrative services be handled as a modification to the City /County Joint Cooperation Agreement which regulates the administration of the CDBG program. Hennepin County Office of Planning and Development staff has submitted a proposed agreement modifying the Joint Cooperation Agreement. A copy of the Modification Agreement and Joint Cooperation Agreement is included with this request form. The Joint Cooperation Agreement was approved by the Brooklyn Center City Council at its May 24, 1993 meeting. The Modification Agreement provides all the services currently provided by the Metropolitan Council. Essentially, the administrative services to be provided under this agreement are all tasks required to make a determination of an applicant's eligibility for the program and to file the repayment agreement on each project completed. The cost for Hennepin County to provide administrative services for the program is five percent (5 %) of the City's annual Community Development Block Grant Home Rehabilitation Deferred Loan program allocation. The current contract with the Metropolitan Council provides for a payment of $600 per project. Since virtually all projects are at or near the maximum $10,000 deferred loan amount, the $600 rate amounts to approximately six percent (6 %) of each project. Staff will be prepared to answer questions concerning this item at the meeting. Also, I have requested a representative from Hennepin County's Office of Planning and Development to be present at the meeting to respond to questions. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of Resolution Approving Modification to Community Development Block Grant Joint Cooperation Agreement to Provide for Administrative Services for the Brooklyn Center Community Development Block Grant Home Rehabilitation Deferred Loan Program. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING MODIFICATION TO COMMUNITY DEVELOPMENT BLOCK GRANT JOINT COOPERATION AGREEMENT TO PROVIDE FOR ADMINISTRATIVE SERVICES FOR THE BROOKLYN CENTER COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION DEFERRED LOAN PROGRAM WHEREAS, in an effort to improve the administrative efficiency of the Brooklyn Center Home Rehabilitation Deferred Loan program, City staff has recommended an agreement to provide administrative services for the Home Rehabilitation Deferred Loan program be executed with Hennepin County; and WHEREAS, the current contract for administrative services for the Brooklyn Center Home Rehabilitation Deferred Loan program is with the Metropolitan Council; and WHEREAS, a proposal to modify the Community Development Block Grant Joint Cooperation Agreement has been submitted by Hennepin County for the purpose of providing administrative services to the Brooklyn Center Home Rehabilitation Deferred Loan program; and is WHEREAS, the contract with the Metropolitan Council provides for termination of the contract at any time and for any reason by submitting a written notice of the intention to do so at least thirty (30) days prior to the specified effective date of such termination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of .Brooklyn Center that the modification to the Joint Cooperation Agreement is hereby approved, and the Mayor and City Manager are hereby authorized to execute the modification to Joint Cooperation Agreement. BE IT FURTHER RESOLVED that City staff is hereby directed to terminate the contract for administrative services with the Metropolitan Council as per the terms of Section 3.09 of the contract. Date Todd Paulson, Mayor ATTEST: Deputy Clerk Resolution No. 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. JUN -21 -1993 12:53 FROM HENN CO OFC OF PLNG & DEU TO BROOKLYN CENTER P.02 Urban Hennepin County Community Development Block Granr Program MODIFICATION TO JOINT COOPERATION AGREEMENT The COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY ", A -240U Government Center, Minneapolis, Minnesota, 33487 and the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430, hereinafter referred to as "CITY ", as parties to the Joint Cooperation Agjeeweat Contract No. A07483, hereby mutually agree to modify the Joint Cooperation Agreement as follows: I DTVTSTON OF RESPONSIBILITY The COUNTY will be responsible for establishing the eligibility of applicants seeking assistance under the CITY's Community Development Block Grant funded Housing Rehabilitation Deferred Loan Program. The CITY will be responsible for establishing the eligibility and range of the property repairs and improvements. II SCOPE OF SERVICES The CITY agrees to engage the COUNTY, and the COUNTY hereby agrecr, to perform the following services in a satisfactory manner; a. Share initial client contact and basic Plieibiiity screening with the CITY (on the understanding that all formal application responsibility are the responsibility of the COUNTY). b. Mail and review the Preliminary Questionnaire to pre - screen applicants and establish their place on the waiting -list. c. Maintain the waiting -list and direct applicants to appropriate funding sources to best utilize housing rehabilitation funds in Brooklyn Center. d. Mail Credit Application materials to clients at the head of the waiting -list. e. Conduct title searches to establish ownership of applicant dwellings and deteituittaLivit vL fjbbtuc:les to program funding. Under no circumstances should this be considered as being equal to a title opinion. f. Review of application materials to determine the eligibility or non - eligibility of applicants, including complete client financial documentation and analysis against criteria for available programs. g. Assignment of client to appropriate program(s) and allocation of funding. h. Notify applicant of eligibility or reasons for non - eligibility. i. Notification to CITY of funds available and date when client eligibility must be reverified. j. Maintenance of documentation on continuing applicant eligibility, k. Execution of repayment agreement, usually at pre- construction meeting scheduled by City. 1. Payment of properly prepared WaLL411L Re%uebt submitted by City. m. Recording of Repayment Agreement n. Close -out of client file and transfer to City. III. COMPENSATION The cost of the services to be performed by the COUNTY is set at five per cent of CITY'S annual Community Development Block Grant Housing Rehabilitation Deferred Loan Program allocation and will be deducted from that allocation at the start of each program year. Five per cent will similarly be deducted from JUN -21 -1993 12:54 FROM HENN CO OFC OF PLNG g DEV TO BROOKLYN CENTER P.03 any Community Development Block Grant funds reprogrammed into the Housing Rehabilitation Deferred L�n?n Program account and from any program income accruing to the Housing Rehabilitation Deferred Loan Program. The fee will cover the costs of all applications processed, regardless of whether or not any actual rehabilitation work is performed. IV TERMINATION This Modification to the Joint Cooperation Agreement may be terminated by either party at the end of any Community Development Block Grant program year provided that at least thirty (30) days written notice is furnished to the other party. All other terms and conditions of the Joint Cooperation Agreement Contract No. A07493 remain rhp camp. V OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Modification, hereby opines that the terms and provisions of the Modification are fully authorized under state and local law and that the Modification provides full legal authority for the COUNTY to undertake establishing the eligibility of applicants seeking assistance under the CITY'S Community Development Block Grant funded Housing Rehabilitation Deferred Loan Pi v6r aw - Assistant County Attorney VI HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Modification to the Joint Cooperation Agreement Contract No. A07483 on 1993, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be bound by the provisions herein set forth. Upvrz pivpet exec:utloci, this COUNTY of 11DNNEFIN, STATE OF MINNESOTA Modification will be legally valid and binding. By: Chairman of i fc Cotinty Board And: Deputy /Associate County Administrator Assistant County Attorney Attest: Deputy County Auditor APPROVED TO EXECUTION Assistant County Attorney Date: JUN -21 -1993 12:54 FROM HENN CO OFC OF PLNG 8 DEU TO BROOKLYN CENTER. P.04 VII CITY EXECUTION The CITY, having signed this Modification to the Joint Cooperation Agreement Contract No. A07483 on , 1993, and pursuant to such approval and the proper City official having signed this Agreement, the COUNTY agrees to be bound by the provisions of this Modification to the Joint Cooperation Agreement Contract No. A07483. (:l'rj OF BROOKLYN CENTER By: Its And: Its Date: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter Urban Hennepin County Contract No. A07483 Community Development Block Grant Program JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," A -2400 Government Center, Minneapolis, Minnesota, 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT share its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR 570.3 0 § f the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Unit" means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement, as well as Hennepin County which is a party to each Agreement. E. "Statement of Objectives and Projected Use of Funds" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant program. F. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 1994, 1995 and 1996 and from any program income generated from the expenditure of such funds. III. AGREEMENT The term of this Agreement is for a period commencing on October 1, 1993, and terminating no sooner than the end of the program year covered by the Statement of Objectives and Projected Use of Funds for the basic grant amount for the Fiscal Year 1996, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. COUNTY shall notify COOPERATING UNIT prior to the end of the Urban County qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either party. Either COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end of the Urban County qualification period. If COUNTY or COOPERATING UNIT fail to exercise that option, it will not have the opportunity to exercise that option until the end of a subsequent Urban County qualification period. COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date specified by HUD in the Urban County Qualification Notice for the next qualification period. This Agreement must be amended by written agreement of all parties to incorporate any changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in COOPERATING UNIT's jurisdiction. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. 2 This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Office of Planning and Development, and in no event shall the Agreement be filed later than May 28, 1993. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974; The Americans With Disabilities Act of 1990; and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded rant funds will be used to undertake an d g g carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and /or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Statement of Objectives and Projected Use of Funds pursuant to 24 CFR §570.300 et seq. COOPERATING UNIT further specifically agrees as follows: A. COOPERATING UNIT will in accord with a COUNTY- established schedule prepare and provide to COUNTY, in a prescribed form, an annual request for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Statement of Objectives. B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b) , it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B. above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this Agreement within Eighteen (18) months of the authorization by HUD to expend the basic grant amount. 3 1. Funds for all activities not implemented within Eighteen (18) months shall be added to the next annual basic grant amount received by COUNTY and allocated according to the procedures set forth in and comply with all conditions of this Agreement. 2. Implementation period extensions may be granted upon request in cases where the authorized activity has been initiated and /or subject of a binding contract to proceed. E. COOPERATING UNIT shall use funds provided pursuant to Section V. of this Agreement to the extent practicable to undertake no more than Three (3) grant- funded activities administered by the COOPERATING UNIT. Each activity shall have a budget of at least Seventy -five Hundred Dollars ($7,500.00), or the total amount of the planning allocation of COOPERATING UNIT if less than Seventy -five Hundred Dollars ($7,500.00). A COOPERATING UNIT may assign less than Seventy -five Hundred Dollars ($7,500.00) to an activity when the activity is one that is programmed by at least one other COOPERATING UNIT and administered by only one COOPERATING UNIT or the COUNTY on behalf of the others, provided that the total activity budget is at least Seventy -five Hundred Dollars ($7,500.00). F. COOPERATING UNIT will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban Hennepin County Comprehensive Housing Affordability Strategy (CHAS). G. COOPERATING UNIT shall ensure that all programs and /or activities funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall in implementing all programs and /or activities funded by the basic grant amount comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. H. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. I. COOPERATING UNIT shall participate in the citizen participation process as established by COUNTY in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. J. COOPERATING UNIT shall comply with all of the administrative guidelines of the COUNTY now in effect or as hereafter promulgated. K. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. 4 L. COOPERATING UNIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction. COUNTY further specifically agrees as follows: A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies on an annual basis all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of the request for funding. C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing assistance goals. D. COUNTY shall upon official request by COOPERATING UNIT agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12 %) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer for a possible fee other programs and /or activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: A. COUNTY shall retain Ten percent (10 %) of the annual basic grant amount for the undertaking of eligible activities. 5 B. The balance of the basic grant amount shall be apportioned by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C of this section for the purpose of allowing the COOPERATING UNITS to make requests for the use of funds so apportioned. The allocation is for planning purposes only and is not a guarantee of funding. C. Each COOPERATING UNIT will use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. D. It is the intent of this section that said planning allocation utilize the same basic elements for allocation of funds as are set forth in 24 CFR §570.4. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. E. In the event COOPERATING UNIT does not request its planning allocation, or a portion thereof, the amount not requested shall be added to the next annual basic grant amount received by COUNTY and allocated according to the procedures set forth in and comply with all conditions of this Agreement. VI. FINANCIAL MATTERS A. Reimbursement to the COOPERATING UNIT for expenditures for the implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form and Hennepin County Warrant Request, and supporting documentation. B. All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING UNITS for expenditure of local funds for activities funded under the Act shall be deposited in the County Treasury. C. COOPERATING UNIT and COUNTY shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. 6 D. COOPERATING UNIT and COUNTY agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of program income resulting from activity implementation. COOPERATING UNIT and COUNTY shall perform all audits as may be required of the basic grant amount and resulting program income as required under the Act and Regulations. E. COOPERATING UNIT shall inform COUNTY of any income generated by the expenditure of CDBG funds it has received and shall pay to COUNTY all program income generated except as derived from activities with an approved revolving account. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 1. COUNTY will retain,Ten percent (10 %) of all program income paid to COUNTY to defray administration expenses. 2. The remaining Ninety percent (90 %) of the program income paid to COUNTY shall be credited to the grant authority of COOPERATING UNIT whose project generated the program income and shall be used for fundable and eligible CDBG activities consistent with this Agreement. 3. COOPERATING UNIT and COUNTY are authorized to retain program income derived from projects with an approved revolving account provided such income is used only for eligible activities in accordance with all CDBG requirements as they may apply. 4. COOPERATING UNIT shall maintain appropriate records and make reports to COUNTY as may be needed to enable COUNTY to monitor and report to HUD on the use of any program income. 5. Any program income that is on hand or received subsequent to the closeout or change in status of COOPERATING UNIT shall be paid to COUNTY. F. Should an approved activity be determined to represent an ineligible expenditure of grant funds, the COOPERATING UNIT responsible shall reimburse the COUNTY for such ineligible expense. 1. All reimbursements for ineligible expenditures shall be added to the next annual basic grant amount received by COUNTY and allocated according to the procedures set forth in and comply with all conditions of this Agreement unless decreed otherwise by a Federal regulatory body,or by final determination of a court of competent jurisdiction. 2. When it is determined by the COUNTY that grant funds have been expended on an eligible activity and through no fault of the COOPERATING UNIT the project fails or is no longer eligible, the 7 return of grant funds shall be reallocated in the same manner as program income in Section VI.E. of this Agreement unless decreed otherwise by a Federal regulatory body or by final determination of a court of competent jurisdiction. VII. REAL PROPERTY ACQUISITION OR IMPROVEMENT The following provisions shall apply to real property acquired or improved in whole or in part using CDBG funds. A. COOPERATING UNIT shall promptly notify COUNTY of any modification or change in the use of real property from that planned at the time of acquisition or improvement including disposition and comply with 24 CFR §570.505. B. COOPERATING UNIT shall reimburse COUNTY an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to COUNTY at the time of sale or transfer of the property. Such reimbursement shall not be required if the conditions of 24 CFR §570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. COUNTY will have the option of requiring a second appraisal after review of the initial appraisal. C. Program income generated from the disposition or transfer of property prior to or subsequent to the closeout, change of status or termination of this Agreement shall be treated as stipulated in Section VI. E. of this Agreement. VIII. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. IX. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the Agreement provides full legal authority for COUNTY to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Assistant County Attorney 8 r , XI. COOPERATING UNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having duly approved this Agreement on May 24 , 1993, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract A07483 j�YN CENT CITY OF By: Mayor Its And: Its Date: City Manager 5 -24 -93 CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B XX Charter 3/26/93 10 CITY OF BROOKLYN CENTER Council Meeting Date A_ ril 26.1 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION v a ITEM DESCRIPTION: Nil �c CONSIDERATION OF CONTRACTING WITH HENNEPIN COUNTY OFFICE OF PLANNING AND DEVELOPMENT FOR ADMINISTRATIVE SERVICES FOR HOME REHABILITATION DEFERRED LOAN PROGRAM DEPT. APPROVAL: Y l L Tom Bublitz, Community Development Specialist s! MANAGER'S REVIEW/RECOlVIl MNDATION: No comments to supplement this report Comments below /attached A SUMMARY EXPLANATION: (supplemental sheets attached Yes Presently, the Brooklyn Center Housing and Redevelopment Authority has a contract with the Metropolitan Housing and Redevelopment Authority (Metro HRA) to perform certain administrative services for the EDA's home rehabilitation deferred loan program. Metropolitan Housing and Redevelopment Authority is part of the Metropolitan Council. A copy of the current contract with Metro HRA is included with this memorandum, including a description of the scope of services provided. -� Currently, Metro HRA staff provides administrative services for the applicant verification process including income, asset, mortgage status and title verification, along with filing of the repayment *` agreement with Hennepin County. The cost for this service is $600.00 per grant project. Recently, staff has been exploring options to improve the efficiency of the administration of the rehabilitation grant program. I have had several discussions with staff from the Hennepin County Office of Planning and Development and have requested them to consider taking over the applicant verification portion of the program currently done by Metro HRA. 4. I am recommending the Brooklyn Center EDA consider contracting with the Hennepin County Office of Planning and Development for administrative services for the rehabilitation grant program for the following reasons: ' Hennepin County, as lead agency in the Urban Hennepin County Community Development Block Grant Program, establishes procedural guidelines for the .,. w program which must be followed in administration of the program. Over the course of each year there are several deferred loan projects which require input from the Hennepin County Office of Planning and Development concerning interpretation of the eligibility guidelines. Presently, both EDA staff and Metro HRA staff consult with Hennepin County staff on a regular basis regarding interpretation of eligibility guidelines. By having Hennepin County staff assume this administrative function, this "three way" discussion would no longer have to occur. 2. Brooklyn Center is the only City that Metro HRA serves in this administrative capacity. As a result, Metro HRA assigns the administrative work for the grant program to staff persons whose primary job assignments are comprised of duties other than the administration of the Brooklyn Center grant program. Access to the Metro HRA staff person is limited, and past performance has been inconsistent. 3. Hennepin County Office of Planning and Development staff work full -time on administration of the home rehabilitation grant program for Hennepin County and for numerous cities in Hennepin County. Hennepin County staff have also been refining the application verification process and work with the process on a full-time basis. 4. By having the Hennepin County Office of Planning and Development perform these administrative services now performed by Metro HRA, the EDA would be better able to coordinate the leverage of additional grant funds available through the Minnesota Housing Finance Agency. With these additional funds, qualified applicants can obtain an additional $9,000 for their rehabilitation work on their home. This $9,000 is in addition to the $10,000 offered through the City's CDBG program. Essentially, I believe we can improve the efficiency of the program by using Hennepin County and not increase the cost to the EDA for provision of these administrative services. I have met with Ms. Kathy Kline at Metro HRA to discuss the possible change to the Hennepin County Office of Planning and Development and she has no objections. Presently, the contract with Metro HRA provides for a thirty day notice of termination for any reason. If the EDA agrees with the staff recommendation, I will work with Hennepin County staff to prepare a contract for EDA consideration. RECOMMENDATION Staff recommends a motion to proceed with establishing a contract with Hennepin County for the provision of administrative services for the EDA home rehabilitation deferred loan program. 1. CONTRACT NO. M -88 -33 CONTRACT FOR ADMINISTRATIVE SERVICES BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY THIS AGREEMENT is effective the 1st day of January, 1988, by and between the Metropolitan Council, hereinafter called the "Council," and the City of Brooklyn Center Housing and Redevelopment Authority, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the City has received a Community Development Block Grant, hereinafter called the "HUD Home Improvement Grant," from the United States Department of Housing and Urban Development ( "HUD "); WHEREAS, the City intends to use the HUD Home Improvement Grant funds to award subgrants to low and moderate income homeowners to assist them in making repairs to their homes for the purpose of correcting defects directly affecting the safety, habitability, energy usage, or accessibility of the property; WHEREAS, the Council has been duly organized pursuant to Minnesota Statutes Section 1 473.123, and, pursuant to the provisions of Minnesota Statutes Section 473.195, it has the powers and duties of a housing and redevelopment authority; and WHEREAS, the City desires to purchase. certain necessary administrative services from the Council in connection with the implementation and administration of the HUD Home Improvement Grant. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: I. SCOPE OF SERVICES The City hereby agrees to engage the Council, and the Council hereby agrees to do, perform, and carry out in a satisfactory and proper manner, as determined by the City, the services specified in Exhibit A, which is attached hereto and made a part hereof. II. COMPENSATION; METHOD OF PAYMENT 2.01 Rate of Compensation. The City shall compensate the Council for all services performed and expenses incurred under this contract at a rate of $600.00 per home improvement subgrant for which the Council provides administrative services. 2.02 Method of Payment. A. Within ten days following the end of each three month period of performance of this contract (the first three month period ending on March 31, 1988), the Council shall submit to the City a quarterly progress report describing and discussing the contract l -2- work completed to date. A quarterly written invoice detailing the subgrants for which administration was completed during the quarter,shall be submitted to the City with the quarterly progress report. B. On the City's verification and acceptance of each quarterly progress report and invoice, the City shall pay the Council each invoiced amount. III. GENERAL PROVISIONS 3.01 Period of Performance. The services of the Council shall commence on January 1, 1988, and shall continue until the termination of HUD Home Improvement Grant funding to the City by HUD. 3.02 Amendments. The terms of this contract may be changed or modified by mutual agreement of the parties hereto. Such amendments, changes or modifications shall be effective only on the execution of written amendment(s) signed by the Council and the City. t 3.03 Assignability. The Council shall perform with its own organization the total work provided for under this agreement and shall not assign, subcontract, sublet, or transfer any of the work provided for hereunder without receiving the express written consent of the City. 3.04 Audits and Inspection. The Council agrees to: A. Keep and maintain during the performance of this contract and for a period of three years following, records and files relating to the financial aspects of this contract and the services performed hereunder. B. Allow the City or designated and authorized federal or state personnel to enter on the Council's premises and to (1) inspect and audit the above records, files and premises; and (2) inspect and review the equal employment opportunity and affirmative action programs of the Council. 3.05 City's Authorized Agent. The City's authorized agent for purposes of administration of this contract is Brad Hoffman, who shall have authority for preliminary acceptance of the Council's services under this contract, and if such services are accepted as satisfactory, shall so certify on each invoice presented pursuant to Paragraph 2.02 of this contract. 3.06 Equal Employment Opportunity; Affirmative Action; Women and Minority Business Enterprise Participation. The Council agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and to take affirmative action to assure that applicants and employees are treated equally with respect to all forms of employment, selection for training, rates of pay, and other forms of compensation. The Council further agrees to take affirmative action to include the participation of women and minority business enterprises in the performance of the contract, wherever possible. QJ c J ` -3- 3.07 Conflict of Interest All members, officers, and employees of the parties hereto shall comply.with applicable provisions of state conflict of interest law contained in Minnesota Statutes Section 469.009. 3.08 Minnesota Government Data Practices Act. The parties hereto agree that all data or information collected and maintained in the performance of this contract shall'; -be collected and maintained in a manner consistent with the provisions of the Minnesota Government Data Practices Act, and that no provision of this contract shall be interpreted or construed in a manner inconsistent with said Act:'` 3.09 Termination of Contract. The City and the Council shall both have the right to terminate this contract at any time and,for any reason by submitting written notice of the ;intention so to do to the other party at least thirty (30) days prior to the specified effective date of such termination. If the contract is terminated pursuant to this provision, the Council will be paid for all expenses incurred and all services satisfactorily performed up to the date of the contract termination. ` 3.10 Construction Severability of Contract Provisions The City and the Council agree that no provision of or performance under this contract shall be interpreted or applied in a manner which violates applicable federal or state statutes, rules, or regulations, including, without limitation, those provisions governing the implementation and administration of the HUD Home Improvement Grant. If any term or provision of this contract is determined to be invalid, remaining terms and provisions shall remain in full force and effect, and they shall be interpreted, performed, and enforced as if said invalid provision did not appear herein. IN WITNESS WHEREOFt the parties hereto have caused this agreement to be executed by their duly authorized representatives. METROPOLITAN COUNCIL Approved as to form Lao 141 By Counsel David Renz, Ex� Director Date Z� r! CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY By Aralld�Splinter Its Executive Director Date June 15 1988 LBOO19 �� APR -12_9 NON 8:30 METF'Cl HRA 29161 31 EXHIBIT A SCOPE OF SERVICES The administrative services to be performed by the Council for the City's HUD Home Improvement Grant program are as follows: 1. Initial Screening of Applicants a. Answer telephone and in- person inquiries from residents as to eligibility for the program; b. Assist applicants in filling out required fortes and verify information as necessary with outside sources to determine eligibility. 2. Selection of Applicants s a. Coordinate inspection of property with City inspection department to determine repairs needed and record information on proper forms. b. Assist City staff in determining initial ranking Of applicants for approval by City. a. Inform applicants of approval or disapproval. 3. Coordination of Rehabilitation at Assist selected homeowners to obtain a minimum of �wo bids for the approved repairs, and to obtain contractor warranties. b. Obtain a signed repayment agreement from each selected homeowner. c. Notify each selected homeowner and selected eontra�tor(s), after review of bids and authorization from City staff tp proceed working. d. Prepare amendments to scope of work as necessary dpring the process and request authorization from City staff before notifying homeowner and contractor of changes to scope of work. e. Notify City staff as contractor completes rehabili ation (either Partial or final) and recommend payment for work c� pleted. f. Record repayment agreement with County Recorder after work is completed. g. Maintain complete files for the City of required d cements on all applicants and selected homeowners, from initial application through completion of rehabilitation. CITY OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: RESOLUTION AUTHORIZING PURCHASE OF TWENTY AIR TANKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET DEPT. APPROVAL: &Z� vx� Ron Boman, Fire Chief MANAGER'S REVIEW/RECOWYMNDATION: AU No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: su lemental sheets attached PP An appropriation was approved in the 1993 fire department budget for the purchase of twenty air tanks. There is a contract under the Minnesota Fire Agencies Purchase Consortium for the air tanks. The City of Brooklyn Center is a member of this consortium and is allowed to purchase under these contracts. The contract for these air tanks is held by Clary Safety Equipment. The total cost of the air tanks is $7,803. RECOMMENDED CITY COUNCIL ACTION Approve Resolution Authorizing Purchase of Twenty Air Tanks Approved in the 1993 Fire Department Budget. /DZ 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF TWENTY AIR TANKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET WHEREAS, an appropriation was approved in the 1993 fire department budget for the purchase of twenty air tanks; and WHEREAS, the Brooklyn Center Fire Department is a member of the Minnesota Fire Agencies Purchasing Consortium; and WHEREAS, under this consortium there is a contract from which the City of Brooklyn Center can purchase air tanks. NOW, THEREFORE, BE IT RESOLVED by the City` Council of the City of Brooklyn Center that the purchase of twenty air tanks from the Minnesota Fire Agencies Purchasing Consortium Contract #RF- 920401-2 in the amount of $7,803 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Coamcil Meeting Date 6/28 Agenda Item Number /O REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING PURCHASE OF FOUR SCOTT AIR PACS WITH TWO SPARE MASKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET DEPT. APPROVAL: e 4 l�i� R�ki-at Ron Boman, Fire Chief MANAGER'S REVIEW/RECOM IENDATION: No comments to supplement this report Comments below /attached SU DIARY EXPLANATION: (supplemental sheets attached ) An appropriation was a roved in the 1993 fire department budget for the purchase four • pp p g t o pu c ase of ou it a pacs. There is a contract under the Minnesota Fire Agencies Purchase Consortium for the air pacs. The City of Brooklyn Center is a member of this consortium and is allowed to purchase under these contracts. The contract for these air pacs is held by Clary Safety Equipment. The total cost of the air pacs with two spare masks is $7,399. RECOMMENDED CITY COUNCIL ACTION Approve Resolution Authorizing Purchase of Four Scott Air Pacs with Two Spare Masks Approved in the 1993 Fire Department Budget. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF FOUR SCOTT AIR PACS WITH TWO SPARE MASKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET WHEREAS, an appropriation was approved in the 1993 fire department budget for the purchase of four air pacs; and WHEREAS, the Brooklyn Center Fire Department is a member of the Minnesota Fire Agencies Purchasing Consortium; and WHEREAS, under this consortium there is a contract from which the City of Brooklyn Center can purchase air pacs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of four air pacs with two spare masks from the Minnesota Fire Agencies Purchasing Consortium Contract #RF- 920401 -2 in the amount of $7,399 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 6128/93 Agenda Item Number /D REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 1,600 FEET OF FIRE HOSE DEPT. APPROVAL: - Ron Boman, Fire Chief MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • An appropriation was approved in the 1993 fire department budget for the purchase of 1,600 feet of 1 /a " fire hose. Two quotations were received. I recommend accepting the quotation from Front Line Plus Fire & Rescue in the amount of $7,200. RECOMMENDED CITY COUNCIL ACTION Approve Resolution Accepting Quote and Authorizing the Purchase of 1,600 Feet of Fire Hose. /DAY f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 1,600 FEET OF FIRE HOSE WHEREAS, an appropriation was approved in the 1993 fire department budget for the purchase of 1,600 feet of fire hose; and WHEREAS, two quotations were received as follows: Front Line Plus Fire & Rescue $7,200, including freight Angus Fire Armour Corporation $7,200, plus freight NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of 1,600 feet of fire hose from Front Line Plus Fire & Rescue in the amount of $7,200 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy 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 OF BROOKLYN CENTER Council Meeting Date 6/28/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: jxd� Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMAIENDATION. No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. J/ 4 W to be approved by the City Council on June 28, 1993: AMUSEMENT DEVICES - OPERATOR Chi -Chi's 2101 Freeway Blvd. . Lynbrook Bowl 6357 N. Lilac Drive City Clerk AMUSEMENT DEVICES - VENDOR American Amusement Arcades 850 Decatur Avenue 32� City Clerk GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation 875 Prior Ave. N. Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street City Clerk plc MECHANICAL SYSTEMS Associated Mechanical Contractors, Inc. P. O. Box 237 A. Binder & Son, Inc. 222 Hardman Avenue n • a .G Northern States Power Co. 414 Nicollet Mall C Building Official � * RENTAL DWELLINGS Initial: Pow -Bel Co. Hi -Crest Apartments Northwest Enterprises, Inc. 5533 James Ave. N. John & Gail Lambert 5900 Washburn Ave. N. Renewal: Henry Ulhorn 5207 E. Twin Lake Blvd. Douglas G. Finch 6637 Xerxes Place N. Menninger Youth Program of MN 6012 Zenith Ave. N. Craig & Barbara Benell 1807 70th Ave. N. Director of Atc Community Development SIGN HANGER Q Signage Systems, Inc. 10814 County Road 81 Building Official Alk- GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk