HomeMy WebLinkAbout03/05/2012 Work Session/Executive Session/Special HRA CITY OF COLUMBIA HEIGHTS Mayor
Gary L.Peterson
Councilmembers
Robert A. Williams
590 40th Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Bruce Nawtycki
Tammera Diehm
Visit our website at:www.ci.columbia-hei'hts.mn.us Donna Schmitt
City Manager
Walter R Fehst
ADMINISTRATION
NOTICE OF CITY COUNCIL MEETING
* * * * * * * * * * * *
to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Meeting of: COLUMBIA HEIGHTS CITY COUNCIL
Date of Meeting: MONDAY, MARCH 5, 2012
Time of Meeting: 7:00 P.M.
Location of Meeting: CONFERENCE ROOM 1
Purpose of Meeting: WORK SESSION/HRA EXECUTIVE SESSION/
HRA SPECIAL MEETING
7:00 p.m. —Work Session
a) Discussion on WMO contract
7:15 p.m. —HRA meeting
a) Executive session -negotiation session with Aeon
b) Regular HRA meeting
Reconvene Work Session
b) Discussion on formation of Community Development Steering Committee
c) Discussion of an alternative fee schedule for beer and wine licenses.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to,
or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all City of Columbia Heights' services,
programs, and activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make
arrangements. (TDD/706-3692 for deaf or hearing impaired only)
CITY COUNCIL LETTER
Meeting of: March 5, 2012
AGENDA SECTION: WORK SESSION ORIGINATING CITY MANAGER
DEPARTMENT:
PUBLIC WORKS n /
ITEM: MISSISSIPPI WATERSHED MANAGEMENT BY Kevin Hans- 'fir BY 4!
RESOLUTION NO.2011-09
REQUESTING THE I SISSIPPI WATERSHED MANAGEMENT ORGANIZATION TO
CONSIDER AMENDING ITS JOINT POWERS AGREEMENT TO INCLUDE MEMBERS:1 i• OF
THE CITY OF COL I:IA HEIGHTS AND EXPAND ITS BOUNDARIES TO INCLUDE A
PORTION OF THE CITY OF COL 1:IA HEIGHTS CURRENTLY IN THE SIX CiTIES WATER
MANAGEMENT ORGANIZATION
WHEREAS on December 22, 1983,the Columbia Heights City Council entered into a Joint Powers Agreement
with the cities of Blaine,Coon Rapids,Fridley,Hilltop,and Spring Lake Park for the purpose of organizing a
watershed mana:-•1 ent organization to be known as the Six Cities Watershed Management Organization,and
WHEREAS on July 25, 1994,the Columbia Heights City Council authorized execution of a Restated Joint
Powers Agreement that revised the original Joint Powers Agreement to bring it into compliance with statutory
changes,and
WHEREAS the City of Columbia Heights is considering the possibility of withdrawing from the Six Cities
Watershed Management 0 y: lization(SCWMO)and requesting an existing watershed m:.:lement
• :: ,'zation to e 4.:.d its se ld&iestoincludecertainpropertywithintheCftyofColwnbiaHejghtslegafly
descri.-. within the SC 0 and lying south of the municipal boundary of with the City of Fridley and shown
on the attached map,and
NOW, THEREFORE,BE IT RESOLVED that the City of Col I. ía Heights,Anoka County,Minnesota,
hereby requests the Mississippi Watershed Management Organization amend its existing Joint Powers
A: .. II.ent to include the City of Columbia Heights as a member with representation,and 1 er requests the
Mississippi Watershed Man:lement Ory:. ' :tion expand its boundaries to include the portion of the City of
Columbia Heights currently within the SCWMO and lying south of the municipal boundary with the City of
Fridley as described above. It is understood that this request is contingent upon the withdrawal of the City of
Columbia Heights from the SCWMO,and
BE IT FURTHER RESOLVED that after approval of the board of the Mississippi Watershed Management
Organization to expand its boundaries to include the above described property within the City of Columbia
Heights,that the City Council of the City of Columbia Heights requests the Mississippi Watershed Management
Organization to petition the board of Water and Soil Resources(BWSR)to approve a change in the boundaries
of the Mississippi Watershed Management Organization to include the area currently within the SCWMO and
lying south of the boundary with the City of Fridley in the Mississippi Watershed Management Organization.
Passed this 14th day of March,2011
Offered by: Williams
Seconded by: Diehm
Roll Call: Ayes:Peterson,Williams,Nawrocki,Diehm, S hmitt
/ 4 ...
i
No-
-7- ‘1141
Ilir 1 Av A - .
, ......_
L-.P
Pill.r.ortry , . li, i
'atricia M ' cv .. 04:.C
ity Clerk
Protect it.Pass it on.
MISSISSIPPI January 25,2012
WATERSHED
% Kevin Hansen
1224 Marshall Street NE,#201 Director of Public Works
Minneapolis,Minnesota 55413 City of Columbia Heights
637 38th Ave NE
(612)465-8780 Columbia Heights MN 55421
(612)465-8785 fax
Dear Kevin,
www.frawra-ro.org
The Middle Mississippi River Watershed Management Organization (DBA Mississippi
commissione rs Watershed Management Organization / MWMO)is asking each of its current members
and potential new members to review and approve the updated Joint and Cooperative
Lauderdale Agreement (hereafter"agreement") for the organization.We request each member
Karen Gill-Gerbig organization return a signed resolution by the end of April 15,2012 to the MWMO to
Minneapolis ensure that a levy for 2013 may be generated over the new area covered by the agreement.
!)lane Hofstede
Minneapolis Park& Attached you will find copies of the agreement with and without strikeouts and
Recreation Board underlines,maps of the existing and new areas, a draft legal description,and a copy of the
Scott Vreeland by-laws with strikeouts - for information purposes only.
Saint Anthony
Jerry Faust The changes to the agreement result from a request by the cities of Columbia Heights,
Fridley, and Hilltop to enter into the agreement with current members because the Six
Saint Paul
Cities WMO has dissolved.The current agreement has been in effect since 2011. The five
Matt Hass
current members are the cities of Lauderdale,Minneapolis,Saint Anthony Village, and
Saint Paul and the Minneapolis Park&Recreation Board. Each member must review and
reauthorize the agreement for the watershed to move the agreement forward for final
approval.A resolution has been provided for this purpose.
There is no new fiscal impact to existing members.The levy provides the MWMO with all
its administrative and program and project funds. Since 2002,the watershed has
contributed more than $18,000,000 to capital projects and programs with its members.
The MWMO has not requested its members to contribute to the operating budget(Article
V,Subd. 1 of the agreement) since 2001,when the MWMO first began use of its levy
under the authority of Minnesota Statutes,Sections 275.066 (21), 103B.211 and 103B.241.
Therefore, this section of the agreement has been removed.
The remaining changes in the agreement result from moving from a five-to seven-member board,adding the area
to the legal description,and updating citations.
I am available to attend committee or council meetings, as needed,to help move the review through each
member's agreement authorization process. Please contact me or Mr.LeFevere with any questions you may have
regarding the documents.
Thank you for your assistance with this request.
Sincerely,
Douglas Snyder
Executive Director
Contact information
Douglas Snyder,Executive Director Charlie LeFevere,Attorney
MVJMO Kennedy&Graven, Chartered
2522 Marshall Street NE 470 U.S.Bank Plaza
Minneapolis,MN 55418-3329 200 South Sixth Street
Minneapolis,MN 55402
(612) 465-8780 ext 205 Office (612) 337-9300 Office
(612) 360-7747 Mobile (612) 337-9215 Direct
dsnyder @mwmo.org clefevere @Kennedy-Graven.com
Joint and Cooperative Agreement
for the Mississippi Watershed
Management Organization
City of Columbia Heights
City of Fridley
City of Hilltop
City of Lauderdale
City of Minneapolis
City of St. Anthony Village
City of Saint Paul
Minneapolis Park and Recreation Board
20142012
247575v-6 CLL MD160-1
Table of Contents
Page
Membership 1
Article I Legal Purpose 2
Article II Definitions 3
Article III Board of Commissioners 5
Article IV Powers and Duties of the Board of Commissioners 7
Article V Budget and Financial Matters 11
Article VI Capital Projects 13
Article VII Duration 15
Article VIII Dissolution 16
Article LX Amendments 17
Article X Effective Date 18
Member Authorization 19
Legal Description Appendix A
Watershed Boundaries Appendix B
247575v56 CLL MD160-I
Membership
This Agreement entered into as of the date of execution by and among the following:
Cities of
Columbia Heights
Fridley
Hilltop
Lauderdale
Minneapolis
St. Anthony Village
Saint Paul, and
the Minneapolis Park and Recreation Board
for the establishment of a Watershed Management Organization. The aforementioned cities and
the Minneapolis Park and Recreation Board shall hereinafter be referred to as Members.
WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly
and cooperatively by agreement exercise powers common to the contracting bodies pursuant to
Minnesota Statutes, Section 103B.201 to 103B.2-54-253 and
WHEREAS, the Members desire to plan a comprehensive water management program in
accordance with Minnesota Statutes, Sections 103B.201 to 103B.254-253;
NOW THEREFORE, the parties to this Agreement do mutually agree as follows:
24757506 CLL MD160-1
Article I
Legal Purpose
The purpose of this Joint and Cooperative Agreement for the Mississippi Watershed Management
Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed
Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle
Mississippi River Watershed Management Organization of January 1997, a the Joint and
Cooperative Agreement for the Mississippi Watershed Management Organization of January
2002.2002, and the Joint and Cooperative Agreement for the Mississippi Watershed Management
Organization of May 2011.
The purpose of the Mississippi Watershed Management Organization, as provided for in this
Agreement, is to provide for the wise, long-term management of water and associated land
resources within the watershed through implementation measures that realize multiple objectives,
respect ecosystem principles, and cultural and historical community values. The Mississippi
Watershed Management Organization seeks to (a) protect, enhance, and restore the quality and
quantity of surface and ground water resources within the Mississippi Watershed Management
Organization jurisdiction; (b) protect, preserve, and use natural surface and ground water storage
and retention systems; (c) efficiently utilize public capital expenditures needed to correct and
control flooding and water quality problems; (d) identify and plan for means to use protect and
improve surface and ground water quality; (e) establish more uniform local policies and official
controls for surface and ground water management; (f) promote ground water recharge; (g) protect
and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other
benefits associated with the proper management of surface and ground water; and (i) promote and
encourage cooperation among Members and among other organizations in coordinating local
comprehensive water management programs.
A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the
boundaries of the Mississippi Watershed Management Organization are included pursuant to
Minnesota Rules .' a : ..".,8410,0030, Subpart 1.B in o
2
247575v56 CLL MD160-I
Article II
Definitions
For the purpose of this Agreement, the terms used herein shall have the meanings defined in this
article.
Subdivision 1: "Organization"i-smeans the Mississippi Watershed Management Organization.
Subdivision 2: "Commission" shall meanmeans the governing body of the Organization and shall
consist of a Commissioner or Alternate from each of its Members.
Subdivision 3: "Commissioner" -means any person appointed to the Commission by
each Member's governing body, or in the Commissioner''-'s absence, the Alternate.
Subdivision 4: "Alternate" B -means any person appointed to the Commission by each
Member's governing body to represent the Member in the absence of the Commissioner.
Subdivision 5: "Council" meanmeans the governing body of a Member. In the case of
municipalities, this shall be the elected officials responsible for governing the city and for
Minneapolis Park & Recreation Board, its Board of Commissioners.
Subdivision 6: "Member" or "Member Community" . : -means any city, county, or special
purpose government entity within the watershed that enters into this Agreement.
Subdivision 7: "Agreement" eanmeans this Agreement.
Subdivision 8: "Plan" shall meahmeans the Watershed Management Plan adopted by the
Mississippi Watershed Management Organization.
Subdivision 9: "Watershed" means the area contained within a line drawn around the extremities
of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped
4
2475750,6 CLL MD160-1
areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal
description identified in Appendix A.
Subdivision 10: "Act" - --d—asmeans the Metropolitan Surface Water Management Act as
found in Minnesota Statutes, Sections 103B.201 to 103B.2-54L253.
Subdivision 11: "Budget" means a statement of the expected income and expenses of the
Organization for each Year. The Commission may divide the Budget into an Administrative
Budget, covering staff salary and benefits, Commission expenses, rent, office expenses and other
administrative expenses, and a Programs and Projects Budget, covering the programs and projects
of the Organization, including capital projects.
Subdivision 12: "Capital Improvement Project" -. -. -means a physical improvement project
required by the Act to be included in the capital improvements program of the Plan.
Subdivision 13: "Majority" - means greater than half of the quorum.
Subdivision 14: "Subwatershed" means a smaller geographic section of a larger watershed unit
with a drainage area vhosethe boundaries of which include all the land area draining to a point.
Subdivision 15: "Year" -. . -means from January 1 to December 31.
Subdivision 16: "Quorum" shall-meanmeans the number of Commissioners or Alternates required
to be present for business to be legally transacted. This number shall be any number that is greater
than half of the Members. Any number less than a quorum may adjourn a scheduled meeting.
Subdivisoin 17: "Executive Director" means the Organization's administrator appointed by the
Commission.
5
24757506 CLL MD160-1
Article III
Board of Commissioners
Subdivision 1: The governing body of the Organization shall be its Commission, which shall
consist of fweseven ( 7) voting Commissioners. Each Commissioner shall have one vote. All
appointments to the Commission shall be in accordance with Minnesota Statutes, Section
103B.227. The Board of Water and Soil Resources shall be notified of all appointments and
vacancies of the Commission within 30 days. All vacancies shall be filled within ninety (90) days
after they occur. Notices of all vacancies and appointments shall be published in a legal
publication of the Members community appointing the Commissioner at least fifteen (15) days
prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council
that appointed or had the right to appoint the Commissioner. With the exception of the City
of Hilltop, the Council of each Member shall appoint one (1) Commissioner to represent the
Member to the Commission. The Council of the City of Columbia Heights, after consultation with
the Council of the City of Hilltop, will appoint one (1) Commissioner to represent the Cities of
Columbia Heights and Hilltop, Each Commissioner shall serve until his or her successor is
appointed.
Subdivision 2: A Commissioner may not be removed from the Commission except for just cause
by the Council that made the appointment.
Subdivision 3: Member Councils may select and appoint €x- = Alternates to the Commission
in the same manner as Commissioners. In the absence of a Member's Commissioner, the
designated Alternate may vote and act in the Commissioner's place. The Alternate shall serve a
team concurrent with the Member's Commissioner.
Subdivision 4: Each Member's Council shall, within thirty (30) days of appointment, file with the
Executive Director of the Commission a record of the appointment of its Commissioner and
Alternate. The Organization shall notify the Board of Water and Soil Resources of Member
appointments and vacancies within thirty(30) days after receiving notice from the Member.
6
247575v56 CLL MD160-1
Subdivision 5: In accordance with Minnesota Statutes, Section 103B.227, the Council of each
Member shall determine the eligibility and qualifications of its Commissioner and Alternate.
However, the term of each Commissioner shall be the calendar year.
Subdivision 6: Regular meetings shall be held by the Commission periodically at the time and
place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter
13D.
Subdivision 7: At the first meeting of the Commission each year and each calendar year
t ; x, . ' ..-; . - :. .. s ficers for the various positions
on the Commission, At the first meeting of the Commission and each calendar year thereafter, the
Commission shall elect from its Members a chairperson, a vice chairperson, a treasurer, a
secretary, and such other officers as it deems necessary to conduct its meetings and affairs.
Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the
conduct of its meetings. Such rules may be amended at either a regular or special meeting of the
Commission provided that a ten (10) day prior notice of the proposed amendment has been
furnished to each Commissioner and Alternate to whom notice of meetings is required to be sent.
Subdivision 9: The Commission may create such committees, task forces or working groups as
needed to accomplish its mission.
Subdivision 10: The commission may set such compensation for its Commissioners as it deems
appropriate, provided such compensation does not exceed the compensation allowed for managers
of watershed districts under Minnesota Statutes, Section 103D.315, subd. 8. However, no
member's Council is prevented from providing compensation for its Commissioner for serving on
the Commission, if such compensation is authorized by such governmental unit and by law.
7
247575v56 CLL MD160-1
Article IV
Powers and Duties of the Board of Commissioners
Subdivision 1: The Commission shall employ ' an Executive Director and may delegate to the
Executive Director any power or authority that may be delegated to a city manager in a Minnesota
Plan B statutory city, The Commission shall employ such other persons as it deems necessary to
accomplish its duties and powers. The Commission may hire staff on a full time, part time or
consulting basis. The Commission may also incur expenses and expenditures necessary and
incidental to the effectuation and/or implementation of its purposes and powers.
Subdivision 2: In order for the Commission to conduct business, a quorum must be present.
Decisions by the Commission require a majority vote of the quorum present.
Subdivision 3: The Commission shall have an established Citizen Advisory Committee and
Technical Advisory Committee to provide input and to serve in an advisory role.
Subdivision 4: The Commission shall review and approve a Local Water Management Plan for
each of its Member Communities as established under Minnesota Statutes, Chapter 103B.
Subdivision 5: The Commission may acquire, operate, construct, and maintain capital
improvement projects delineated in the Watershed Management Organization Watershed
Management Plan for the protection, enhancement, and improvement of the watershed.
Subdivision 6: The Commission shall make a reasonable attempt to assess the compatibility of
proposed capital improvement projects with other existing policies, programs, and projects within
the MWMO and across its boundaries. In particular, compatibility with neighborhood association
and community council plans in the project area should be considered. An informal review should
occur at least two months before the capital improvement project proposal is approved in the
MWMO budget.
8
247575v-5-6 CLL MDI60-1
Subdivision 7: The Commission shall develop a comprehensive Watershed Management
zation ' . , >--4 „ - Plan to meet the requirements of Minnesota Statutes,
Chapter 103B. The plan shall establish comprehensive goals and policies for the protection,
enhancement, and improvement of the watershed, and shall establish specific implementation
strategies to realize these goals and policies.
Subdivision 8: The Commission shall have the power to contract with any governmental unit,
private or nonprofit association to accomplish the purposes for which it is organized.
Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans,
money or other property from the United States, the State of Minnesota, a unit of government or
any person or entity for the Organization. The Organization may use and dispose of such money or
property for any expenses/fees, policies, goals, capital improvement projects, or any use the
Organization deems necessary to pursue its goals and policies.
Subdivision 10: The Commission may establish and maintain devices for acquiring and recording
hydrologic and water quality data within the watershed.
Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem
necessary for the protection of the Organization.
Subdivision 12: The Commission shall have the authority to invite governmental entities within the
area of the watershed to join the Organization. Furthermore, any governmental entities within the
area of the watershed may petition for membership in the Organization. The addition of new
Members shall require a majority vote of the Commission and appropriate resolution by current
Member Councils. The effective date shall be the date of filing by the last Council resolution
approving the addition. As Members are added to the Organization, there shall be created one
voting Commissioner and Alternate_ —4 *. •
9
24757506 CLL MD160-1
Subdivision 13: The Commission has the authority to contract for the space, equipment, and
supplies to carry on its activities either with an individual Member or elsewhere.
Subdivision 14: The Commission may investigate on its own initiative or upon petition of any
Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a
finding that the watershed is being polluted, the Commission may take appropriate action to
alleviate the pollution including recommending enforcement and other regulatory actions to the
appropriate jurisdiction.
Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to
make surveys and investigations to accomplish the purposes, goals and policies of the
Organization. Such entrance shall occur after obtaining a duly executed search warrant, with
permission of the property owner, or when a search warrant for access to the property is not
required. The Commission shall be liable for actual damages resulting therefrom, subject to the
limitations of Minnesota Statues Section 466.01, et. eq Statutes, Chapter 466. Every person who
claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as
required by Minnesota Statutes, :Section 466.05. In accordance with Minnesota
Statutes, Section 471.59, Subd. 1 a(b) the Organization is considered a single governmental unit
and the total liability for the Members and the Organization shall not exceed the limits on
governmental liability for a single governmental unit as specified in Minnesota Statutes, Sectors
466,04, Subd. 1,
Subdivision 16: The Commission may vote to provide legal and technical assistance in connection
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 capital
improvement projects approved by the Organization.
Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for
professional or technical consultant services before retaining the services of a consultant or
extending annual service agreements.
10
247575166 CLL MD160-1
Subdivision 18: The Commission may designate one or more national or state bank or trust
companies authorized by Chapters 118A or 427 of Minnesota Statutes to receive deposits of public
monies to act as depositories for the Organization's funds. No funds may be disbursed
without the signature of two officers. The Treasurer shall be required to file with the Secretary of
the Commission a bond in the sum of at least $10,000 or such higher amount as shall be
determined by the Commission. The Commission shall pay the premium on said bond.
Subdivision 19: The Commission may acquire real or personal property, conduct programs and
projects, and exercise all other powers necessary and incidental to the implementation of the
purposes and powers set forth herein and to carry out the obligation of a watershed management
organization under the Act.
Subdivision 20: The Commission shall have the authority to adopt a budget, to decide on the total
amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to
the county auditor of each county having territory within the watershed. Taxes may be levied for
any purpose authorized by the Act in accordance with procedures specified in the Act, and subject
only to the limitations set forth in the Act and this Agreement. The Commission shall also have
the authority to certify for payment by the counties all or any part of the cost of a capital
improvement contained in the capital improvement program of the Plan, in accordance with
Minnesota Statutes, Section 103B.251.
11
247575v56 CLL MD160-1
Article V
Budget and Financial Matters
Subdivision 1: A proposed preliminary , - .° - budget will be presented to the Commission at its
July meeting. s..1 . -f Members for the o a,- f °- „ , _ gip: ,. ' �,
z l forwarded to-. r,€ . ,ff. , -
Citizens Advisory Committee and additit,na parties .r,. gyp, -.- --mission. The
Commission shall hold at least one public hearing on the proposed preliminary budget prior to
adoption of the preliminary budget. At least 30 days' notice to Members and such other public
notice as is directed by the Commission shall be given prior to the hearing. The Commission will
hear all comments and objections to the proposed preliminary budget from any Member as well as
comments from the public. The Commission may adopt the preliminary budget as proposed or
modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a
proposed tax levy for the ensuing year on or before September 15 of each year The preliminary
budget shall then be certified by the Executive Director of the Co.-- -i ssionOrganization on or
before October 1September 15 to the clerk of each Member's Council =-
,. `r :, c k, . rt ±x j ... ,
the budget, if any on or before February 1,and each of the County
Auditors, The Commission shall adopt a final budget and certify a tax levy to the Counties by
December 31 of each year
Subdivision 2: The Commission has the duty to make a full and complete financial accounting
report to each Member at least once annually. A certified public accountant shall perform
the audit of the Organization. The report shall include the approved budget; a reporting of
revenues; a reporting of expenditures; 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 the status of all
Organization's projects and work within the watershed; copies of said report shall be
transmitted to the clerk, or appropriate staff member of each Member's Council.
12
247575v56 CLL MD160-1
Subdivision 3: '--: :° • ;..:` - -- • 4. - if any, will be determined on a percentage
r_- - -,
watershed, excluding prop Ie A, 4y - .ar mrt Park and Recr- te.
t i t-4 4=.-r;i' --.4 4 6. a t' ;1;1-'4- s. ;" . ,` ..,;`a..^-s
t»
Member Share
Saint Paul 1. A
Minneapolis Park and Recreation Board 0.6%'
Test. t. 0.1
.4* t• 4-: c Projects or other necessary expenditures that cannot be accomplished through the ad
valorem tax levy, capital budget, or the operating budget assessed to Members under Article V,
Subdivision l; shall be addressed by mutual agreement of the affected Members outside of this
Agreement.
The Commission will endeavor to equitably apportion the expenditure of Commission funds for
projects and programs among the Members' jurisdictions, giving due regard to the financial
contributions from tax levies within each Member's jurisdiction as well as the merit of each project
and program according to criteria established in the Plan or approved by the Commission.
13
247575v 6 CLL MD160-1
Article VI
Capital Projects
Subdivision 1: The Members recognize that on-going capital expenditures will be required to solve
some of the water resource problems within the watershed. For the purposes of this Agreement,
capital improvement projects are those determined necessary to implement the Organization's
Capital Improvement Program.
Subdivision 2: Capital Projects will be financed over the entire watershed.
Subdivision 3: In order to finance an approved capital improvement project, the Commission may
levy an ad valorem tax against the entire watershed.
Subdivision 4: Approval of capital improvement projects shall require a majority vote of the
quorum present and other such bodies as required by law. Capital improvement projects shall be
financed in accordance with Minnesota Statutes, Chapters 103B and 103D.
Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital
Improvement Program as defined in Minnesota Statutes, Section 103B.205 SuladivisionSubd. 3 as
part of the Watershed Management Plan. The Capital Improvement Program shall set forth the
schedule of capital projects identified in the Watershed Management Plan as well as designating
Members for participation in each project and estimating the total costs for such projects. Projects
not identified in th- -* -Organization Watershed Management Plan shall not
be included in the Capital Improvement Program until and unless the Watershed Management
Organization - -¢ Plan is amended to include such projects. Implementation of
the Capital Improvement Program will begin upon adoption of the--- - --
Organization Watershed Management Plan subject to the availability of funding.
Subdivision 6: All capital improvement projects need to be listed in the Watershed Management
Plan.
14
247575v6 CLL MD160-I
Subdivision 7: Funding for any and all capital improvement projects may only occur if the
project(s) is in the approved capital budget.
Subdivision 8: If a Member is responsible for the completion of a capital project, the
Organization's approved share of the project cost coming from its tax levy will be reimbursed to
the Member from actual tax revenues received in a manner agreed to. The Member being
reimbursed for project costs by the Organization shall agree to be responsible for providing any
requested documentation of costs requested by the Organization or its auditors.
15
247575v36 CLL MD160-1
Article VII
Duration
Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may
be continued thereafter upon the agreement of all Members.
16
247575v36 CLL MD160-1
Article VIII
Dissolution
Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance
written notice to each Member, the Commission shall hold a hearing to consider dissolution of the
Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall
submit a resolution for dissolution of the Organization for consideration by each Member's
Council, the board of each affected County and the Minnesota Board of Water and Soil Resources.
Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If,
within 90 days of the date the notice was given, a majority of Members' Councils has ratified said
resolution; then the Organization shall be dissolved and this Agreement shall be terminated.
Upon dissolution, the Organization shall complete all work in progress and dispose of all property.
All property of the Organization shall be sold and the proceeds thereof, together with
monies on hand, shall be distributed to the eligible Members of the Commission as
follows: assets `"° ' shall be apportioned and
distributed to each Member in the percentage of the tax levy within the jurisdiction of each
Member received by .8,hich the Member con-tributed to the Organization-under the last anu„al
.
s, .- 7 �,.�.?, sa.s:t,_ �'°: ..:'s �?c-.. .- ear `�..':Ai . _ .¢-. . �*. .+:.,_--.s 'ri'- "_:.. ':``.-fir..%r` -;;".,�, r»;." •• ' an asset by
asset basis to each Member in - �: , , .: ; <'; to the specific
asset the Organization in the preceding full calendar year.
17
247575x56 CLL MD160-1
Article IX
Amendments
Any Member may recommend to the Commission amendments to this Agreement. Upon a
majority vote, amendments to this Agreement shall be forwarded by the Commission to its
Members' Councils. No amendment shall be effective until the amendment has been ratified by the
Council of each Member. The effective date of any amendment shall be the date on which the last
Member's Council ratifies the amendment and is filed with the Executive Director of the
COrWITI1SsionOrganization.
18
247575v56 CLL MD160-1
Article X
Effective Date
This Agreement shall be adopted upon ratification by the Council of each Member and the
execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of
the Council of the ratifying Member shall file a certified copy of the resolution of the ratification
with the Executive Director of the Commission. The effective date of the Agreement shall be the
date on which the last Member to ratify files its resolution of ratification. Upon adoption of this
Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil
Resources a copy of the Members" ratification resolutions and a copy of the signed Agreement.
IN WITNESS WHEREOF, the undersigned Members, by action of their Councils, have caused
this agreement to be executed in accordance with the authority of Minnesota Statutes Sections
103B.211 and 471.59.
19
247575v56 CLL MD160-1
City of Columbia Heights
By: Dated: , 20
Gary Peterson, Mayor
Attest: Dated: , 20
Patty Muscovitz, C Walt Fehst Cit Mana•er
20
247575v66 CLL MD160-1
City of Fridley
By: Dated: , 20
Scott Lund, Mayor
Attest: _ Dated: , 20
.T - - William Burns, City Manager
21
247575v56 CLL MD160-1
City of Hilltop
By Dated: , 20
Jerry Murphy, Mayor
Attest: Dated: , 20
Ruth Nelsen, City Clerk
22
247575v5-6 CLL MD160-1
City of Lauderdale
By: Dated: , 20
Jeffrey Damns, Mayor
Attest: Dated: , 20
Heather Butkowski, City Administrator
23
247575v36 CLL MD160-I
City of Minneapolis
By Dated: , 20
R.T. Rybak,Mayor
Attest: Dated: , 20
City Clerk
Countersigned: Dated: , 20
Finance Officer
Approved as to Form
By Dated: , 20
Assistant City Attorney
24
247575v36 CLL MD160-1
City of St. Anthony Village
By: Dated: , 20
Jerry Faust, Mayor
Attest: Dated: , 20
Michael Mornson, City Manager
25
24757506 CLL MD160-1
City of Saint Paul
By Dated: , 20
Chris Coleman, Mayor
Attest: Dated: , 20
Director of Finance and Management Service
Approved as to Fain'
By Dated: , 20
Reyne Rofuth
Assistant City Attorney
26
2475751,56 CLL MD160-1
Minneapolis Park and Recreation Board
By: Dated: , 20
John Irwin, President MPRB
Attest: Dated: , 20
Don Siggelkow, Board Secretary
Approved as to Form, Legality, and Execution
By: Dated: , 20
MPRB Attorney
27
2475750-6 CLL MD160-1
Appendix A: Legal Description
24757506 CLL MD160-1
Appendix B: Mississippi Watershed Management Organization Map
CLL-247575v2
MD 160-1
247575v36 CLL MD160-1
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CITY OF COLUMBIA HEIGHTS
TO: MAYOR AND CITY COUNCIL
FROM: SCOTT CLARK, COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 29, 2012
SUBJECT: COMMUNITY DEVELOPMENT STEERING COMMITTEE
In December of 2011 staff presented to the Council a paper on the possible formation of
a Community Development Steering Committee that would address a number of issues (starting
with signage and the City's design standards). Attached is the previous memo and staff would
like input from the Council as to whether they want to proceed in some fashion or not.
MEMORANDUM
To: Scott Clark
From: Jeff Sargent
Date: December 6, 2011
Re: Community Development Steering Committee
Proposal. At the November 14, 2011 City Council Meeting, the City Council directed staff to
look at bringing LED signage issues to the forefront by updating the Sign Code. City Council
members felt a need to include the business community in an effort to get a professional
perspective on the most effective way to allow LED signs in the city. Staff has also identified
the need to review the Design Guidelines due to various issues as outlined in the Purpose section
below.
Staff's proposal is the formation of a Community Development Steering Committee
("Committee"), whose function would be to review various aspects of the Sign Code and Zoning
Code to determine whether changes to either are warranted. Initially, the Committee would
review specific areas of the Sign Code and Design Guidelines. Once this has occurred, the role
of the Committee would be to act as a sounding board for other possible Community
Development-related issues, including a review of the Zoning Code in its entirety.
Members. Members of the Committee would comprise of people from various entities,
including the City Council, Planning Commission, Staff and business owners. The group would
be relatively small and would be made up of:
1 City Council Member
1 Planning Commission Member
1 Staff Members
3 Business Owners
1 Resident
Purpose. Initially, the City Council approved an ordinance allowing LED signage in August,
2008. Since then, the LED ordinance has been amended to allow for bigger signs and more
frequent display intervals. Given today's technology and the fact that these types of signs seem
to be the future of signage, the regulations for LED signs should be further examined.
In general, all signage along Central Avenue has always been an issue for businesses. The older
pylon signs mixed with the newer monument style signs create a cluttering of different types and
sizes of signs along the corridor. This is unsightly and also creates sightline problems for
motorists trying to locate a business. The fact that the rights-of-way along Central Avenue vary
in width and that the speed changes as one enters the Downtown area adds to the signage
conundrum. In the Downtown, the names of businesses close to the street have a difficult time
being seen without the aid of freestanding signage. Staff has already amended the Sign Code in
respect to achieving a more uniform and equitable solution to "problems" that have presented
themselves, but a more thorough review of this document is needed in order to determine
whether a complete overhaul is necessary.
The Design Guidelines were established in September of 2003 in order to guide developers and
business owners wishing to improve, expand, renovate, or proposing new building or parking
construction. The City has always intended that the guidelines be mandatory, however it was
understood that there may be many ways to achieve similar design objectives through alternative
approaches. The Design Guidelines govern construction activity along both 40th Avenue and
Central Avenue. Since the implementation of the Design Guidelines, many new buildings have
either been renovated or constructed in the Design Guideline Overlay Districts, with a majority
needing minor deviations from the required standards. There are also aspects of the Design
Guidelines that regulate activities that do not require building permits, such as the exterior
painting of buildings. This makes enforcement of the Guidelines difficult. Since the City now
has over 8 years of experience in the implementation of the Design Guidelines, it makes sense to
review the Guidelines to ensure that the regulations set therein are still applicable to today's
expectations.
The initial task of the Committee, therefore, would be an extensive review of the Sign Code and
Design Guidelines to determine whether these articles are still relevant in today's society. If it is
determined that changes to these documents need be made, the Committee would be in charge of
overseeing such changes with suggestions and recommendations to the City Staff, who would
then forward the recommendations to the Planning Commission and City Council.
Benefits. Implementing a Community Development Steering Committee has many benefits.
First, the group will operate as a sounding board for the community. Instead of Staff making a
unilateral Community Development recommendation, the Committee would make
recommendations using input from the business, public, residential and governmental
perspectives. This leads to a more powerful support of recommended actions. Second, make-up
of the Committee members would help bridge the gap between the public and private sectors,
making the decision-making process more transparent. Last, the Committee would promote
community engagement in key decision-making processes conducted at the government level. It
is hopeful that this Committee would be able to make way for others of its kind.
Time Commitment. It is anticipated that there would be no more than 4-5 sessions needed to
look at and possibly recommend changes to the Sign Code and Design Guidelines. Each session
would be no more than 1 hour in length and could meet as frequently as desired to meet the
Committee's objectives. Being that there business people are associated with this Committee,
the meetings would most likely take place in the morning hours.
CITY OF COLUMBIA HEIGHTS
TO: MAYOR AND CITY COUNCIL
FROM: SCOTT CLARK, COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 29, 2012
SUBJECT: WINE/BEER LICENSES
The City Council recently reduced the minimum seating requirement from 75 to 25 seats for wine
and beer licenses associated with restaurants. The question that has been raised is whether an alternative fee
structure should be established for smaller venues (logically those that are between 25 to 75 seats).
Attached is a license fee survey of other cities, and it should be noted that several do separate their fees
based on size. Staff seeks direction from the Council as to whether they would support a change.
CITY OF COLUMBIA HEIGHTS
TO: SCOTT CLARK, COMMUNITY DEVELOPMENT DIRECTOR
WALT FEHST, CITY MANAGER
FROM: SHELLEY HANSON
DATE: FEBRUARY 27, 2012
SUBJECT: WINE LICENSE FEE SURVEY
CITY FEES MISC INFO.
Columbia Heights $2,400/yr min. 25 seats
Brooklyn Center $2,500/yr min 75 seats
Brooklyn Park $1,300/yr
Coon Rapids $1,655 yr for 35-99 seats
$2,655 yr for 100+ seats
Crystal $1,522/yr for 25-99 seats
$2,022/yr for 100+ seats
Fridley Does not have this type of license
Golden Valley $2,000/yr
Maple Grove $2,300/yr
Minneapolis $2,813/yr
Mounds View $1,800/yr
New Hope $2,500/yr
Robbinsdale $2,550/yr
Roseville $1,050/yr for 25-75 seats
$1,800/yr for 75+ seats
Shoreview $1,150/yr