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HomeMy WebLinkAbout2009 11-23 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION November 23, 2009 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn I CITY COUNCIL MEETING City of Brooklyn Center November 23, 2009 AGENDA 1. Informal Open Forum with City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. November 2 2009 Joint Work Session with Financial Commission 2. November 9, 2009 Study Session 3. November 9, 2009 Regular Session 4. November 9, 2009 Work Session b. Licenses C. Approval of Site Performance Guarantee Release for Brooklyn Center Church of the Nazarene (501 73 Avenue North) 7. Presentations Proclamations /Recognitions/Donations None CITY COUNCIL AGENDA -2- November 23 2009 8. Public Hearings g None 9. Planning Commission Items None 10. Council Consideration Items a. Resolution Approving Change Order No. 2, Project No. 2008 -16, Automated Meter Reading Project Requested Council Action: Motion to adopt resolution. b. Resolution Accepting Project No. 2008 -16, Contract 2008 -J, Automatic Meter Reading Project and Authorizing Final Payment to Northern Waterworks, Inc. Requested Council Action: Motion to adopt resolution. C. Resolution Authorizing the Early Order/Purchase of Single Axle Dump Truck Cab and Chassis, Equipment No. 89 Requested Council Action: Motion to adopt resolution. d. Mayoral Appointments to Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: Motion to ratify Mayoral appointments. e. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to that Real Estate Located at 800 69th Avenue N, Brooklyn Center, Minnesota 55430 Legally Described as Lot 52 of Auditor's Subdivision No. 309 Except the North 660 Feet of Lot 52 of Auditor's Subdivision 309, Hennepin County, Minnesota in the City of Brooklyn Center, Hennepin County, Minnesota by Owners the Estate of Melba P. Evanson and David Evanson Requested Council Action: Motion to adopt resolution. 11. Council Report 12. Adjournment EDA MEETING City of Brooklyn Center November 23, 2009 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. October 26, 2009 Regular Session 4. Commission Consideration Items a. Consider the Sale of Property Located at 57th and Logan Avenues North Requested Commission Action: —Under the exceptions to the Open Meeting Law, the Economic Development Authority may elect to adjourn to closed Executive Session regarding the sale of real property located at 57th and Logan Avenues North [Minn. Stat. 13D.05, subd. 3 (c)]. Announce that the EDA will adjourn from Executive Session and will not reconvene following the Executive Session. 5. Adjournment AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 23, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Prosecutor RFP Process 2. Complete Streets /Active Living 3. City Property Tax Comparisons PENDING LIST FOR FUTURE WORK SESSIONS December 1. TIF Districts Update 2. Administrative Fines Update 3. Sister City Update 4. 6101 Beard -6037 Brooklyn Blvd Update 5. Multiple Rental Property Owners Report January 1. Strategic Plan Goals Outcomes Success Measures 2. Local Government Aid Policy 3. Brookdale Mall Update 4. Community Gardens 5. Group Home Report 6. Meetings with Commissions 7. Joslyn/City Property Remediation Update Later /Ongoing 1. 57th and Logan Update 2. Strategic Outcome Reports 3. Department Year End Reports 4. Legislative Update a. Prosecutor Services 5. Community Schools Update 6. Ordinance Amendments Farmers Market 7. 2011 Brooklyn Center Celebration Update 8. Crime Free Housing Update 9. Random Acts of Kindness Mayor Willson 10. Neighborhood Designations 11. Junk and Inoperable Vehicles Update Back Yard Parking 12. Minn. Stat. 273.128 4d Rental Properties Annual Report 13. Visit Minneapolis North Update City Council'Agenda Item No. 6a There was discussion on the records technician's job responsibilities, the School Liaison Officer ratio paid by the School District and the City, possible Gang -Strike Force participation, prisoner boarding charges budgeted of $100,000, foreclosures in Minneapolis creating more calls for service in apartment complexes in Brooklyn Center, and rental licensing enforcement hours pertaining to calls for service. City Manager Boganey outlined the Fire Departments profile and informed this budget is a continuation of current programs and expectations with a significant change in the personnel budget resulting from the Fire Relief Fund contribution required as a result of the actuarial study. He informed that this department is going to try and expand on commercial inspections and is looking at developing a business registration program. There was discussion regarding the private management company that handles the Fire Relief Fund and whether the vesting time period should be shortened. It was noted there had not been any proposal to reduce vesting periods. This is a State mandated fund and the City has guidelines to follow. City Manager Boganey outlined the Emergency Preparedness profile and informed there is a change in the supply cost for emergency sirens. Fiscal and Support Services Director Dan Jordet informed there are four sirens in good shape but will have inspections done and if repairs or replacement are needed there has been money allocated. A question was raised as to what EVDO and GEOMobile funds are and it was noted that the City Manager will find out and report back to the Council. City Manager Boganey discussed that the Public Works Admin/Engineering Budget will continue with the normal programs and operations, and that the Street Maintenance Budget had a $13,000 increase for contractual services. A question was raised as to whether or not signage could be added at the corner of 69 and Dupont Avenues N. City Manager Boganey suggested that this request be put on a Traffic Safety Committee agenda for review. City Manager Boganey informed there are no expansions or initiatives for the Park Facilities Budget. City Manager Boganey discussed there are no expansions anticipated for the Forestry Budget and that $1,500 had been included for additional replacement of trees. REMAINING BUDGET SCHEDULE The next scheduled Budget Work Session will be on November 16, 2009, and this agenda will include the Capital Improvement Plan (CIP), Capital Projects Funds, and Central Garage. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 8:17 p.m. Motion passed unanimously. G '2� 11/02/09 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION NOVEMBER 2, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Police Chief Scott Bechthold, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Mark Nemec and Rex Newman. REVIEW OF POLICE, FIRE, AND PUBLIC WORKS GENERAL FUND BUDGETS City Manager Curt Boganey discussed this evening was to complete the General Fund review for the Police Fire and Public Works Departments and that he had asked the Police Chief to be at the meeting to present and answer any questions regarding their department's budget. Police Chief Scott Bechthold outlined the Police Administration, Investigation, Patrol, and Support Services profiles and highlighted the following: The Police Department is holding its operation costs level (or steady) as much as possible for 2010 in the Administration Budget. With the cuts in 2009 they feel confident they will be able to sustain and continue to reduce crime. Total violent crime is down 19.75 percent for the third quarter and this is the lowest decrease since 2003. Total property crime is down 15.32 percent and this is a lowest number in a decade. He informed because of the focused efforts in the commercial area by the Transit Hub/Brookdale Mall /CenterPointe Apartments area crime has been reduced for violent crime by 36 percent and neighborhood crime by 26 percent. Council will be getting more information on crime statics in the near future. There is an increase for the Patrol Budget personnel services to allow for Summer park initiatives to continue in 2010. Part-time wages were increased to reflect 24/7 coverage by Community Service Officers due to the elimination of Support Services part-time staff and the reduction of Police Station operation hours. The budget for Support Services had been trimmed for 2009 with layoffs of nine part-time employees, saving approximately $118,000. Police Chief Bechthold informed that the Police Station and Buildings Budget had minor changes and that management of this budget falls under Building and Grounds. 11/02/09 -1- DRAFT There was discussion on the records technician's job responsibilities, the School Liaison Officer ratio paid by the School District and the City, possible Gang -Strike Force participation, prisoner boarding charges budgeted of $100,000, foreclosures in Minneapolis creating more calls for service in apartment complexes in Brooklyn Center, and rental licensing enforcement hours pertaining to calls for service. City Manager Boganey outlined the Fire Departments profile and informed this budget is a continuation of current programs and expectations with a significant change in the personnel budget resulting from the Fire Relief Fund contribution required as a result of the actuarial study. He informed that this department is going to try and expand on commercial inspections and is looking at developing a business registration program. There was discussion regarding the private management company that handles the Fire Relief Fund and whether the vesting time period should be shortened. It was noted there had not been any proposal to reduce vesting periods. This is a State mandated fund and the City has guidelines to follow. City Manager Boganey outlined the Emergency Preparedness profile and informed there is a change in the supply cost for emergency sirens. Fiscal and Support Services Director Dan Jordet informed there are four sirens in good shape but will have inspections done and if repairs or replacement are needed there has been money allocated. A question was raised as to what EVDO and GEOMobile funds are and it was noted that the City Manager will find out and report back to the Council. City Manager Boganey discussed that the Public Works Admin/Engineering Budget will continue with the normal programs and operations, and that the Street Maintenance Budget had a $13,000 increase for contractual services. A question was raised as to whether or not signage could be added at the corner of 69 and Dupont Avenues N. City Manager Boganey suggested that this request be put on a Traffic Safety Committee agenda for review. City Manager Boganey informed there are no expansions or initiatives for the Park Facilities Budget. City Manager Boganey discussed there are no expansions anticipated for the Forestry Budget and that $1,500 had been included for additional replacement of trees. REMAINING BUDGET SCHEDULE The next scheduled Budget Work Session will be on November 16, 2009, and this agenda will include the Capital Improvement Plan (CIP), Capital Projects Funds, and Central Garage. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 8:17 p.m. Motion passed unanimously. 11/02/09 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL is OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 9, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on agenda item 10b, specifically in relation to Article 25 of the Labor Agreement. He stated his support of the incentive for employees to participate in a high deductible health plan. He inquired about future increases in the incentive with trade -offs on sick leave. Councilmember Roche arrived at 6:02 p.m. There was discussion on health service accounts. City Manager Curt Boganey explained that currently employees do not have the option of putting sick time into a health service account due to the IRS requirement for 100 participation with this type of program. Councilmember Yelich requested discussion on agenda item 10c, specifically in relation to Section 2, paragraph 2, item d of the proposed ordinance. He inquired about the rationale for the 10 -foot distance determined as the appropriate setback from the curb for sign placement. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained that the right -of -way for the majority of properties is 15 feet; however, there is a 10- foot right -of -way with many properties. The 10 -foot setback is based on the recommendation of the City Engineer and City Attorney as a reasonable amount. There was discussion on the following in relation to the 10 -foot setback included in the proposed ordinance: sight lines, safety, nuisance factors, clutter, and enforcement. Mr. Boganey indicated that staff recommends the following amendments to the language in the proposed ordinance: 1) Allow temporary signs within the clear view triangle provided they are 11/09/09 -1- DRAFT back 10 feet from the curb or the edge of the road and do not exceed 2 1 /2 feet in height; 2) Signs located in the right -of -way to be limited to 6 square feet in area, while signs located on private property would be limited to 48 square feet in area. Mr. Boganey suggested if Council agrees with the proposed amendments that the first reading be adopted with direction that the language be revised for second reading. Mayor Willson requested discussion on agenda item 6b. He suggested conducting an analysis of the individuals or entities in the City that own multiple rental properties. He noted the Council may want to proactively consider how the ordinance could address situations with property owners that are not good landlords and own a number of rental properties in the City. The majority consensus of the City Council was support of the above recommendation by Mayor Willson. Mr. Boganey indicated that staff will produce a report that identifies multiple owners of property and identifies the number of code and nuisance violations at these properties. Ms. Schleuning noted that there is language to address this issue in the rental ordinance currently being drafted. MISCELLANEOUS Councilmember Roche stated at the Housing Commission meeting there was discussion on the idea of holding an open house in December with the City Council invited to attend. It was noted that in the J ast there have been joint work sessions and meetings with the different p commissions making presentations to the City Council. Council Members stated support of meeting with the City boards and commissions. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. MISCELLENAOUS Councilmember Lasman inquired about the status of Chilitos. Mr. Boganey replied that the most recent information staff has received is that repair and construction work is required due to water 11/09/09 -2- DRAFT damage. He believes this work is under way. The required back g s round check will be conducted Y q g on the manager. Staff has not been informed that the business will not be opening, but the original timelines have been pushed back. Councilmember Lasman asked if there will be an adjustment on the 69 Avenue project. Mr. Boganey replied that the contractor is responsible for liquidated damages due to the project not being completed in the established timeline. The amount will not be known until spring when the project is complete. Council will need to approve the final payment, which will include the adjustments. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS UPDATE REGARDING ANNUAL RETREAT Mr. Boganey reviewed that at the last City Council work session there was discussion on the annual retreat. The direction of the City Council was to schedule a retreat for a Saturday in January and to consider a proposal from a different facilitator for the retreat. There was also a suggestion that the retreat include an element of team building where the Council could have an open -ended discussion about ways to improve communication or styles and have feedback about the way Council business is conducted. Mr. Boganey advised that his recommendation would be if the Council would like to have a team building session, it should likely be done as a separate retreat. He suggested that Council consider having the goal setting retreat facilitated by Don Salverda, as he is familiar with the material, having started the process at the previous retreat. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. i 11/09/09 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 9, 2009 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mayor Willson noted there has been a request by Ms. Carol Kleven, 5835 Zenith Avenue North, to speak during open forum on the topic of signs. He indicated it would be more appropriate for Ms. Kleven to speak when this item is addressed in the City Council meeting agenda. City Manager Curt Boganey stated the action before the Council tonight is to approve the first reading and to schedule a Public Hearing on the related ordinance. The date proposed for the Public Hearing is December 14, 2009. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 P .m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order b Mayor Tim Willson Y tY g Y Y at 7:02 p.m. 11/09/09 -1- DRAFT I 4. ROLL CALL Mayor Tim Willson and Councilmembers Ka Lasman Tim Roche Dan Ryan, and Mark Y Y Y Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 19, 2009 Joint Work Session with Financial Commission 2. October 26, 2009 Study Session 3. October 26, 2009 Regular Session 4. October 26, 2009 Work Session 6b. LICENSES MECHANICAL C M Plumbing Htg and Air 610 Central Avenue, Buffalo S R Appliance Repair 4118 Hoffman Road, White Bear Lake Todd Landon Inc. 183 Sidney Street, West St. Paul RENTAL INITIAL 5405 Bryant Ave N Steve Rorem 6107 Bryant Ave N Daniel Yesnes 7208 Dallas Rd Neng Zhang 1106 Emerson La Jan Dietrich 1513 Humboldt PI N Shoemiller Properties LLC 1537 Humboldt PI N Shoemiller Properties LLC 1549 Humboldt PI N Shoemiller Properties LLC 1555 Humboldt PI N Shoemiller Properties LLC 5739 James Ave N Doug Wahl RENEWAL 7218 West River Rd Arlene Johnson 5006 France Ave N Michael Mohs 5701 James Ave N Roxann Robertson 11/09/09 -2- DRAFT 7021 Unity Ave N Geri Williams 7156 Unity Ave N Adetayo Dina Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009 -131 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT STU ROBINSON Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson recited Resolution No. 2009 -131. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -131 Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Stu Robinson. Motion passed unanimously. 8. PUBLIC HEARING None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -132 SETTING 2010 EMPLOYER BENEFITS CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the incentive for employees to participate in a high deductible health plan as outlined in Article 25 of the labor agreement. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -132 Setting 2010 Employer Benefits Contribution for Full -Time Non Union Employees. There was discussion on the possible consideration in the future of providing incentive dollars for employees to participate in health clubs. 11/09/09 -3- DRAFT Motion passed unanimously. 10b. RESOLUTION NO. 2009 -133 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -133 Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2010. Local 49 was commended for the wisdom and pragmatism in negotiating a zero pay increase for 2010 due to the budgetary situation facing the City. Motion passed unanimously. 10c. AN ORDINANCE RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 34 -130 AND 34 -140 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Assistant City Manager /Director of Building and Community Vickie Schleuning provided an overview of the proposed ordinance. There was discussion on the ordinance approval process. Councilmember Yelich moved and Councilmember Roche seconded to open for public comment. Motion passed unanimously. Ms. Carol Kleven, 5835 Zenith Avenue N, addressed the City Council and stated on June 8, 2009, she came to the City Council for help because her garage sale signs were taken down by a police officer. On August 10, 2009, she presented a petition requesting that garage sale signs be allowed to be posted three feet from the end of the street. Ms. Klevin stated she contacted 11 different cities and asked the following questions: 1) How many code enforcement officers do you have? 2) I plan to have a garage sale. How many feet from the edge of the street does my sign have to be so you do not remove it? 3) To whom am I speaking? Ms. Kleven provided Council with charts on the responses to the above questions. She requested the Council to let her know if there are any questions and stated they plan to go public on December 1 St with this information. Ms. Kleven further stated it seems that if 11 cities respond one way to a mutual problem and they find it works very well for their citizens, and the City of Brooklyn Center responds another way to the very same problem, but it does not work very well for the citizens, it 11/09/09 -4- DRAFT is reasonable that it is not a good solution. She stated she and others are still requesting that they be allowed to post garage sale signs three feet from the street or that garage sale sign placement be enforced only on a complaint basis or due to obstruction of view. Ms. Virginia Johnson, 6236 Colfax Avenue N, addressed the City Council and expressed concern that there seems to be more important things to be taken care of in the City than a sign that is in a certain place. She is bothered by people that drive through stop signs and people stepping off sidewalks, daring a moving car. She stated since Ms. Kleven's sign was taken down she has seen many signs in the wrong spots, and that there are a lot of people who enjoy having garage sales. Councilmember Yelich moved and Councilmember Lasman seconded to close the public comment period. Councilmember Roche thanked Ms. Kleven for her presence and participation at the City Council meetings. Councilmember Roche voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Roche seconded to approve first reading and set second reading and Public Hearing for December 14, 2009; an Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Sections 34 -130 and 34 -140, with the following language amended for second reading: 1) Allow temporary signs within the clear view triangle provided they are back 10 feet from the curb or the edge of the road and do not exceed 2 feet in height; 2) Signs located in the right -of -way to be limited to 6 square feet in area, while signs located on private property would be limited to 48 square feet in area. Ms. Kleven was complimented for bringing this issue to the City's attention. It was noted that this has been an opportunity to provide clarity to the ordinance. It was also noted that there are constituents who are opposed to changing the ordinance. Staff was commended for the time and effort reviewing the ordinance and the recommendations that have been presented. It was also noted that the goal of the Council is to leave the sign ordinance intact while rovidin setback standards that the public can easily understand. The p g p Y Council is not singling out any class of signs or attempting to make it difficult for citizens to post signs, but there are safety, nuisance, and aesthetic considerations to consider with the sign ordinance. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich encouraged residents to take advantage of the discounts available through retail pharmacies with the free prescription discount card program that is now in place. Individuals can pick up cards at the Community Center or City Hall. 11/09/09 -5- DRAFT Councilmember Lasman reported on her attendance at the November 2, 2009, Joint City Council/Financial Commission Budget Work Session. Councilmember Roche reported on his attendance at the Housing Commission meeting. He announced the following: Northstar commuter rail service will begin running from Big Lake on November 16, 2009. Brooklyn Interfaith Luncheon is set for March 20, 2010, at Embassy Suites, with a planning meeting set for November 21, 2009, 4:30 p.m. at the Brookdale Library. Brooklyn Center Youth Football has concluded the season with the Giants and Sharks tying for the season. Councilmember Ryan announced he will be attending the Brooklyn Center High School Alumni Board meeting tomorrow evening. He reported on his attendance at the following events: November 2, 2009, Joint City Council/Financial Commission Budget Work Session. November 8, 2009, seminar held at St. Louis Park City Hall on the State budget and taxing and spending issues the State will be facing in the next biennium. Mayor Willson reported on his attendance at the October 27, 2009, Dangerous Dog Hearing and encouraged residents to watch their animals. He reported on his attendance at the following events: November 2, 2009, Joint City Council/Financial Commission Budget Work Session. November 3, 2009, Luncheon at the Crossings at Brookwood. November 3, 2009, Brooklyn Youth Alliance planning meeting. There will also be a Brooklyn Youth Alliance Meeting at Brooklyn Center City Hall tomorrow at 3:30 p.m. November 3, 2009, speaking event with third graders at Evergreen School. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 11/09/09 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 9, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:59 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, TimeSaver Off Site Secretarial, Inc. UPDATE REGARDING ANNUAL RETREAT Discussion continued on the annual retreat. Council discussed the recommendation presented by City Manager Boganey at the Study Session. It was noted that this retreat will complete the goal setting process initiated at the retreat last year, and that the Council may want to consider alternate facilitators for future retreats. The majority consensus of the City Council was to direct staff to schedule the annual retreat with a focus on goal setting to be facilitated by Don Salverda. Preferred meeting date is January 23, 2009. Alternate facilitators will be considered for future retreats. ADJOURNMENT Councilmember /Commissioner Roche moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 8:15 p.m. Motion passed unanimously. 11/09/09 -1- DRAFT '1 Agenda City Counci Item No. 6b COUNCIL ITEM MEMORANDUM TO: Curt Bo ane City Manager g Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk DATE: November 17, 2009 cjyi SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its November 23, 2009, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. CHRISTMAS TREE SALES Rum River Tree Farm PQT Company 5040 Brooklyn Boulevard 3245 Bass Lake Road MECHANICAL Air Conditioning Associates 55 West Ivy Avenue, St. Paul Ed's Heating and Air 1099 Pelto Path, Woodbury K K Mechanical 8751 Palmgreen Avenue NE, Otsego Ramco Heating 605 Ash Street, Downing, WI RENTAL See attached report. SIGN HANGER VEO Sign LLC 6353 Martin Avenue, Otsego R+enal 'L�eensesfor Counc�lpp>bual ora 23,��2009 i, Inspector fifer Clerk der k.. a� ..�i.. ©welling Renewa Y Unpaid L #r1p�c Y s,,.., or ln�wner halls for:,Service a U #ilities. Taxe� s 3912 61st Ave N (Single Family 11nitial INazneen Khatoon INone per 12 -911 Ordinance I OK I OK 4000 61st Ave N (Single Family 11nitial 1jacob Devney INone per 12 -911 Ordinance I OK I OK 3312 64th Ave N (Single Family Ilnitial IX. Janet Lang +None per 12 -911 Ordinance I OK I OK 4013 65th Ave N ISingle Family Ilnitial IGao Liu INone per 12 -911 Ordinance I OK I OK 5012 Abbott Ave N ISingle Family I Initial IJem Realty Inc. INone per 12 -911 Ordinance I OK I OK 6611 Camden Dr ISingle Family Ilnitial IJenn -Yuan Chen INone per 12 -911 Ordinance I OK I OK 5926 Colfax Ave N ISingle Family Ilnitial (Jack Froelke INone per 12 -911 Ordinance I OK I OK 6930 France Ave N ISingle Family Ilnitial IMursal Khaliif INone per 12 -911 Ordinance I OK I OK 6761 Humboldt Ave N ISingle Family Ilnitial ILi -Chwen Su 12 Disturbing Peace per 12 -911 Ordinance I OK I OK 2701 O'Henry Rd ISingle Family Ilnitial (Sherman Kho INone per 12 -911 Ordinance I OK I OK 3216 Poe Rd ISingle Family Ilnitial IMatt Just INone per 12 -911 Ordinance I OK I OK 824 69th Ave N (Two Family- 1 (Renewal IMadeleine Roche INone per 12 -911 Ordinance I OK I OK 5909 June Ave N (Two Family -1 (Renewal (Janine Atchison INone per 12 -911 Ordinance I OK I OK 4708 -12 Twin Lake Ave ITwo Family 2 (Renewal IByron Nancy Mach INone per 12 -911 Ordinance I OK I OK 3818 61st Ave N ISingle Family (Renewal (Sherman Kho INone per 12 -911 Ordinance I OK I OK 5937 Abbott Ave N ISingle Family (Renewal (Mark Crost INone per 12 -911 Ordinance I OK I OK 5742 Fremont Ave N ISingle Family (Renewal IBruce Goldberg INone per 12 -911 Ordinance I OK I OK 5500 James Ave N ISingle Family (Renewal ILeah Scott /Wes Properties 11 Disturbing Peace per 12 -911 Ordinance I OK I OK 5801 Knox Ave N ISingle Family (Renewal IDavid Trepanier INone per 12 -911 Ordinance I OK I OK I City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning d Zoning S -Mist g g ec P DATE: November 18, 2009 SUBJECT: Site Performance Guarantee Release Recommendation: It is recommended that the City Council, authorize release of the remaining $5,000 Site Performance Guarantee posted by the Brooklyn Center Church of the Nazarene at 50173 rd Avenue North. Background: The following Site Performance Guarantee posted for completion of various site improvements is recommended to be released based on completion of the project. Brooklyn Center Church of the Nazarene (50173 Avenue North) Planning Commission Application No. 2007 -009 Amount of Remaining Guarantee $5,000 (Cash Escrow) Obligor Brooklyn Center Church of the Nazarene All of the site improvements and conditions for which a site performance guarantee was posted for this three phase building addition and parking lot expansion have been completed. The first phase of the project, which included construction of a large lighted parking lot to be used in conjunction with Metro Transit as a Park and Ride along with the church expansion, was completed in 2007. The City Council at that time authorized a reduction of the financial guarantee from $73,000 to $20,000 on January 14, 2008. The Church subsequently completed the landscaping and screening, reshaped the drainage pond provided on the site and satisfactorily completed other Engineering Department site improvements. The Church has submitted an acceptable as -built survey of the property and utility service lines and on January 12, 2009 the City Council further reduced the financial guarantee from $20,000 to $5,000 pending assurance that plantings, sodding and seeding that had then been recently installed survive the winter. Consideration for final release of the financial guarantee was originally contemplated for early summer, 2009. The plantings have proven to be viable and the Church recently did some additional seeding which appears to be acceptable. Therefore, it is recommended that the City Council authorize release of the remaining $5,000 guarantee (cash escrow) based upon the viability of the landscaping and the completion of this project. Budget Issues: There are no budget issues. City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: November 17, 2009 SUBJECT: Resolution Approving Change Order No. 2, Project No. 2008 -16, Automated Meter Reading Project Recommendation: Staff recommends that the City Council approve the attached resolution authorizing Change Order No. 2 in the amount of $3,626.28 for Improvement Project No. 2008 -16, Automated Meter Reading (AMR). Background: On October 6, 2008, the City Council awarded a Contract to Northern Waterworks, Inc. of Blaine, Minnesota to furnish and install approximately 9,000 water meters in the City. The project is currently complete. Change Order 1 was approved on March 23, 2009, in the amount of $17,454.24 for additional work needed to complete the project. The following represents an originally unanticipated item and is included in Change Order No. 2 that is recommended to amend the Contract to complete the project. 1. Scrap Brass Meter Price The original assumption was that the existing water meters were brass and there would be a salvage price that would be realized by the Contractor. However, 509 existing plastic meters were removed, thus reducing the amount of brass meter salvage obtained by the Contractor. There is no salvage price for plastic meters. Estimated Additional Cost: $3,626.28 There is no revision to the completion date warranted by this change. Budget Issues: The attached resolution authorizes Change Order No.2 for the project. The original contract amount was $2,322,573.25. Change Order Nos. 1 and 2 increase the contract amount to $2,343,653.77. The total amount of Change Order No. 2 ($3,626.28) represents less than one (1) percent of the original contract amount and is within the project's budgeted contingency amount ($100,000.00). Improvement Project 2008 -16 Change Order No. 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, PROJECT NO. 2008 -16, AUTOMATED METER READING PROJECT WHEREAS, pursuant to a written Contract signed with the City of Brooklyn complete Center, Minnesota, Northern Waterworks of Blaine, Minnesota was instructed to com p additional work as itemized on Change Order No. 2 for Project 2008 -16; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 2 in the amount of $3,626.28 for Contract 08 -J is hereby approved. The revised contract amount is as follows: Original Contract Amount 2,322,573.25 Change Order No. 1 17,454.24 Change Order No. 2 3,626.28 Revised Contract Amount 2,343,653.77 November 23. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member And upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: November 17, 2009 SUBJECT: Resolution Accepting Project No. 2008 -16, Contract 2008 -J, Automatic Meter Reading Project and Authorizing Final Payment to Northern Waterworks, Inc. Recommendation: Staff recommends that the City Council accept the work performed and authorize final payment for the Automatic Meter Reading Improvement Project. Background: On October 13, 2008, the City Council awarded the Automatic Meter Reading Improvement Project No. 2008 -16, Contract 2008 -J to Northern Water Works Supply of Blaine, Minnesota. Northern Water Works Supply has completed the automated meter reading project work and is requesting final payment for the project. The project was completed by the Contract completion date and was completed within budget. Budget Issues: The original Contract amount for the Automated Meter Reading Improvement Project was $2,322,573.25. The total value of work certified for final payment is $2,135,621.17, which includes Change Orders No. 1 ($21,036.80) and No. 2 ($3,626.28). The total project cost including contingencies/ administration /engineering/legal is $2,296,248.18 and was completed under budget in the amount of $211,125.57. The attached resolution provides a summary of costs and funding sources for the project. Automatic Meter Reading Project Final Payment Resolution adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING PROJECT NO. 2008 -16, CONTRACT 2008 -J, AUTOMATIC METER READING PROJECT AND AUTHORIZING FINAL PAYMENT TO NORTHERN WATER WORKS, INC. WHEREAS, pursuant to a written Contract signed with the City of Brooklyn Center, Northern Water Works Supply of Blaine Minnesota has completed the following improvement in accordance with said Contract: Improvement Project No. 2008 -16, Contract 2008 -J, Automatic Meter Reading. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Final payment shall be made on Improvement Project No. 2008 -16, Contract 2008 -J, Automatic Meter Reading, taking the Contractor's receipt in full. The total amount to be paid to the Contractor for said improvements under said Contract shall be $2,135,621.17 2. The estimated project costs and revenues are hereby amended as follows: Original Award COSTS Amount Final Amount Contract 2,322,573.25 2,110,958.09 Changer Order 1 21,036.80 Chanizer Order 2 3.626.28 Subtotal Contract Costs 2,322,573.25 2,135,621.17 Contingency Costs 100,000.00 68,756.77 Admin/EnQineerina/LeQal 84.800.00 91,870.24 Total Project Cost 2,507,373.25 2,296,248.18 Original Award REVENUE Amount Final Amount Water Utility Fund 1,880,529.94 1,722,186.13 Sanitary Sewer Utilitv 626.843.31 574.062.04 Total Estimated Revenue 2,507,373.25 2,296,248.17 RESOLUTION NO. November 23. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOc DUM COUNCIL ITEM MEMORAN TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: November 17, 2009 SUBJECT: Resolution Authorizing the Early Order/Purchase of Single Axle Dump Truck Cab Chassis, Equipment No. 89 Recommendation: Staff recommends that the Brooklyn Center City Council approves the attached resolution authorizing the early order /purchase of a single axle dump truck cab and chassis, equipment No. 89. Background: The Central Garage vehicle replacement schedule includes the replacement of one dump truck unit (Equipment Identification No. 89) in 2010. The current 1998 model truck is normally on an eleven -year replacement schedule. However, replacement was extended from 2009 to 2010 due to budget reduction measures that occurred in 2003. Equipment vendors with the State of Minnesota Cooperative Purchasing Venture anticipate a $5,000 to $8,000 increase in the purchase price for this type of truck in 2010 due to the next generation air emission standards that will be required to be met once 2007 engines are not g q g available. Mack had approximately 30 manufacturing slots left as of the week of November 2, 2009, with the 2007 engine air emissions. Brooklyn Center has one of these trucks reserved, contingent on City Council approval. Equipment orders for a Mack dump truck can still be filled under the 2009 Cooperative Purchasing Contract No. T -647 prices. Equipment delivery and payment would occur after January 1, 2010. Budget Issues: The 2009 purchase price for the dump truck cab and chassis will be $65,827.65 including sales tax after trade -in. The Central Garage equipment replacement fund is projected to have sufficient funds to cover the purchase price of this dump truck. Early Order /Purchase of Single Axle Dump Truck Cab Chassis City of Brooklyn Center Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EARLY ORDER/PURCHASE OF A SINGLE AXLE DUMP TRUCK CAB CHASSIS, EQUIPMENT NO. 89 WHEREAS, the Central Garage vehicle replacement schedule for 2010 includes the replacement of one dump truck unit, Equipment Identification Number 89; and WHEREAS, the City of Brooklyn Center can place an early equipment order for said dump truck cab and chassis through the 2009 State of Minnesota Cooperative Purchasing Venture to avoid a potential price escalation in 2010; and WHEREAS, a Mack truck cab and chassis is available on the State of Minnesota Cooperative Purchasing Venture Contract T -647 at a total estimated cost of $65,827.65; and WHEREAS, equipment delivery and billing will be after January 1, 2010, more specifically anticipated in March 2010; and WHEREAS, the Central Garage Operations Fund will have a vehicle replacement balance for Equipment No. 89 to cover the purchase price of said dump truck in March 2010. NOW THEREFORE BE IT RESOLVED b the City Council of the City of Brooklyn Y tY tY Center, Minnesota that the early order and purchase of one Mack truck cab and chassis, as part of the Minnesota State Cooperative Purchasing Venture at a total estimated cost of $65,827.65, is hereby approved. November 23. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: November 17, 2009 SUBJECT: Mayoral Appointments Northwest Hennepin Human Services Council Advisory Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointments to the Northwest Hennepin Human Services Advisory Commission as follows: Sharon Kephart, 5130 65th Ave N with term expiring December 31, 2011 Carol Kleven, 5835 Zenith Ave N with term expiring December 31, 2010 Background: The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two -year terms by their respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. Two vacancies exist on the Advisory Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning September 30, 2009. Announcement was made in the October 8, 2009, edition of Brooklyn Center Sun -Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members on November 6, 2009. Attached for City Council Members only are copies of the applications received: Sharon Kephart 5130 65th Ave N Carol Kleven 5835 Zenith Ave N A letter was sent to each of the applicants notifying them that their application for appointment would be considered at the November 23, 2009, City Council meeting Budget Issues: There are no budget issues to consider. City of Brooklyn Center A Millennium Community Volunteer Opportunity Brooklyn Center Representative for Northwest Hennepin Human Services Council Advisory Commission The City of Brooklyn Center is looking for two Brooklyn Center residents who have an interest in human services issues and would be willing to serve as a municipal representative to the Northwest Hennepin Human Services Council Advisory Commission. The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two -year terms by their respective City Council. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. Issues addressed during these meetings span a broad range of human service topics including drug and alcohol abuse, child care, physical and sexual abuse, emergency services, mental health needs, and senior services. An applicant's previous experience in human service programs is helpful, but not required. The most important quality is a sincere concern for human service needs in the community. Because the Advisory Commission is a citizen body, members come from all walks of life. Appointment to the Advisory Commission will be made by the Brooklyn Center City Council. If you are interested in volunteering for this position and would like an application packet, stop by City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or visit the City's web site at www.citvofbrooklvncenter.orR, or contact City Clerk Sharon Knutson at 763 -569 -3306 or sknutson anci.brooklvn- center.mn.us. Application deadline is November 2, 2009. [Posted at Brooklyn Center City Hall, Community Center, and City web site October 1, 20091 [Published in the Brooklvn Center Sun -Post October 8, 2009] 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org a i! 0 Northwest Hennepin Human Services Council Research, Manning and Coordination Community Y Advisor Commission Residents from member cities are appointed by their City Councils to identify human services issues, solutions and best practices GOALS Advise the Northwest Hennepin Human Services Council regarding human services matters Perform various duties and assume responsibilities delegated to it by the Board of Directors ACTIVITIES Study research on important trends such as our changing communities, the impact of foreclosures and emergency response Championed the inclusion of human services recovery as part of the updated Emergency Preparedness plans for cities Share best practices, resource information and upcoming events with cities and organizations Reviewed and provided essential feedback on the Northwest Hennepin Guide to Human Services, City Profiles and our website Worked on priorities set out in strategic plan Advise Northwest Hennepin Human Services Council on methods to stategically disseminate new research to cities, service providers and residents CURRENT PROJECT w,....,......._...._......_..., Helping to shape the community assessment, including refining the purpose and developing methodology. They will continue to serve as advisors for the community assessment through community dialogues, focus groups and analysis. For more information, contact the Advisory Commission Coordinator at info @nwhhsc.org Copyright 2008 Northwest Hennepin Human Services Council. http://www.nwhhsc.org City of Brooklyn Center Northwest Hennepin Human Services Council Advisory Com... Page 1 of 2 Home— Brooklyn Center Northwest Hennepin Human Services Council Advisory Commission Mayor I Commissions Volunteer Opportunity Commissions /Charter City Code of Ordinances The City of Brooklyn Center is looking for two Brooklyn Center residents who have an interest in human services issues and would be willing to serve as a municipal representative to the Residents Northwest Hennepin Human Services Council Advisory Commission. Just For YOUth The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Community/News/Events Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate Departments /City and assist in planning for needed human services in the community. Services The Advisory Commission is composed of citizen representatives appointed for two -year terms Recreation by their respective City Council. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee Community Center or task force during the year. Issues addressed during these meetings span a broad range of human service topics including Parks and Trails drug and alcohol abuse, child care, physical and sexual abuse, emergency services, mental health needs, and senior services. Centerbrook Golf Course An applicant's previous experience in human service programs is helpful, but not required. The most important quality is a sincere concern for human service needs in the community. Earle Brown Days Because the Advisory Commission is a citizen body, members come from all walks of life. Festival Interested persons can obtain an application packet as follows: Earle Brown Heritage Center stop by Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center; e -mail the Citv Clerk; Cultural Diversity call the City Clerk at 763 569 -3306; or visit the Advisory Commissions web site Government Links The Mayor and City Council will make final appointment. Site Map Application deadline is November 2, 2009. Find out more information about the Northwest Hennepin Human Services Council Disclaimer /Copyright Advisory Commission and its duties and responsibilities. In Mayor I Council Commissions Charter: Contact Council Members Council Meeting Schedule Council Agenda Minutes Watch City Council Meetings Live or On Demand About the City Council hq:// www.. cityofbrooklyncenter .org/index.asp ?Type =B EV &SEC= {53899F51- ACA1 -4... 09/30/2009 0 8 Brooklyn Center 8t Brooklyn Park. Sun-Post Thursday, Oct. 8, 2009 —www mnSun.com In the Community, With the Community, For the Community PUBLIC SAFETY COMMUNITY BRIEFS Brookly n Cen #er Police Boulevard. Reresentatives commissioner, representatives are p Sept. 23, 800 block of 55th Avenue asked to attend one advisory commis Following are some of the incidents North. needed for HWHHSC sion meeting per month and-serve on reported to the Brooklyn Center Police one commission committee or task 'Department Sept. 20 to Sept. 26: MOTOR VEHICLE THEFT advisory commission force during the year. Sept. 20, 6200 block of Shingle Creek Issues addressed during these meet- BURGLARY: Parkway. The city of Brooklyn Center is look ings span a broad range of human Sept. 25,. 5500 block, of Fremont Sept. 23, 6100 block of Summit Drive ing for two Brooklyn Center residents service topics including drug and alco- 'Avenue North. with an interest in human services hol abuse, child care, physical and sex OTHER: issues to serve as a municipal repre- ual abuse, emergency services, mental DRUGS Brooklyn Center Police made two sentative to the Northwest Hennepin health needs and senior services. Sept. 25, incident of possession of arrests of suspected drunken drivers. Human Services Council ,Advisory An applicant's previous experience controlled substance marijuana. There were two shoplifting incidents, Commission. in human service programs is helpful, seven assaults and nine property dam- The Northwest Hennepin Human but not required. The most important THEFT ($500 OR MORE): age incidents. Services Council is a human services quality is a sincere concern for human Sept. 23, 2500 block of Freeway planning and coordinating agency service needs in the community. serving the cities of Brooklyn Center, Because the commission is a citizen Brooklyn Park, Champlin, Corcoran, body, members come from all walks of Crystal, Dayton, Golden Valley, life. Hanover, Hassan, Maple Grove, New Commission appointments will be BC Police receive radar, breath tester Hope, Osseo, Plymouth, Robbinsdale made by the Brooklyn Center City and Rogers since 1972. The goals of the Council. The Brooklyn Center Police Monday, Sept. 28, meeting, is valued at council are to improve access to For more information or to apply Department recently received a traffic $2,778. human services for area residents, for the position, stop by City Hall, 6301 radar donation from the Minnesota The department also received a pre- raise awareness of human service Shingle Creek Parkway, Brooklyn Office of Traffic Safety's Safe and Sober liminary breath tester from Mothers needs, and coordinate and assist in Center, visit the city's website at May mobilization drawing. The dona- Against Drunk Driving (MADD), valued planning for.needed human services in wwwcityofbrooklyncenter.org or con tion, approved by the City Council at its at $515. the community. tact City Clerk Sharon Knutson at 763 The advisory commission is com- 569 -3306 or sknutson @ci.brooklyn -cen prised of citizen representatives termn.us. �Sn n appointed for two -ye terms their Application deadline is Monday, two-year to by r ppl' a Y y h respective city council. As an advisory Nov 2. THE Gardner Construction prides1. CHUeA itself on its foundation D COMPANY REMODELING GO. Professional Kitchen Your Trusted Local In 1978, Rob Gardner's grandfather started Rob said Gardner Construction, a construction company Rob knows that, tike his company's family Experts Since 1972 "They're all local people from the area:' For a �8 estimate: Bath Remodeling T63 441 4488 that specializes in foundation repair, concrete groundwork, it's important to have employees who 931°Vern St. NW MI°° repair, and installation. understand the goodness of a strong foundation. Free Design Consultation E 'er b. 6° Today, Rob and his brother, Jerry, own the busi- Additionally, he knows that it's important to have. n,m.ro...m 1 uw...asoe.ees Remodeling Renovations ness. employees who customers can trust. 1 1 i F Custom Design Budd Although the company has changed owners, In addition to their good natured characters, the. 4 xaons sue` from Rob's grandfather, to his father, and now to employees of Gardner Construction are committed 952- 933'7673 i:tMtliulifr4lr7?! him and his .brother, the foundation of the compa- to providing customers with up -front and timely I ny has not changed. information. "We work on basement walls, we put in new When potential clients call, someone from r r r t t t t r basements, repair walls, we remove and replace Gardner Construction describes to the customer floors, we do steps and sidewalks and driveways what the business and its contractors can do for �.__..__af T_L ____t 1L__ Tr.L L:l:a: 1: :aL aL City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Xs istant to the City Manager/Director of Building Community Standards DATE: November 23, 2009 SUBJECT: Resolution Ordering Corrections of Hazardous and Nuisance Conditions at 800 69 Avenue North, Brooklyn Center Recommendation: Staff is recommending the adoption of the subject resolution declaring the housing and accessory structure a hazardous building and all junk and debris a health and life safety hazard, authorizing the City Manager to abate the nuisance. Background: An inspection was conducted of the property on May 26, 2009 in response to a complaint about a vacant property. The property is a single family house, with an accessory structure and is vacant. The structures are considered hazardous buildings posing health and safety hazards. In addition, the accumulation of junk and debris are public nuisances. The significant violations that exist at the property include: Both structures, the house and accessory structure (garage /shed), are hazardous buildings posing health and safety hazards due to extensive damage and disrepair. The house has extensive roof damage at the property causing continued moisture damage sustained over an extended period of time. This has caused the decay of structural members. Moisture is present on the inside of the property with condensation and algae observed on the inside of the windows. Multiple areas of the house roof are sagging, have holes, and other disrepair therefore structurally unsound, which creates a potential for collapse. The roof of the accessory building is in poor repair, structurally unsound with sections of the roof that are sagging. The house is not properly secured and has areas open to the passage of varmints and rodents. Multiple volunteer trees are growing up at the foundation of the house, which can cause significant damage to the foundation. There is an accumulation of junk and debris outside at the property. The accessory building has been the source of criminal activity with police calls to the property for breaking and entering. Staff worked with David Evanson, the son of the deceased property owner, who stated he had ownership interest in an effort to gain voluntary compliance. Although Mr. Evanson stated he would like to correct the violation, he states he does not have the resources. Further, he was unable to provide sufficient documentation that he is a legal owner of record. Therefore, staff is recommending the property be deemed a hazardous property and public nuisance. Therefore, we request that the City Council adopt the findings of the Building Official and city staff regarding the hazardous conditions, and authorize the City Manager to abate the nuisance by razing the structures and removing the junk and debris. Budget Issues: The estimated direct cost of razing and removing the junk and debris is $30,000, depending on any concealed items, asbestos removal and disposal costs. A record of costs associated with enforcement of this order will be kept including administrative time, attorney fees, and all other related costs. The property owners of record will be billed for all associated costs of abatement, and if unpaid, will be specially assessed against the property. Attachments: I- Resolution II- Order III- Compliance Notices III- Pictures Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 800 69 AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 52 OF AUDITOR'S SUBDIVISION NO. 309 EXCEPT THE NORTH 660 FEET OF LOT 52 OF AUDITOR'S SUBDIVISION 309, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA BY OWNERS THE ESTATE OF MELBA P. EVANSON AND DAVID EVANSON. WHEREAS, Minnesota Statutes 463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods; and WHEREAS, 3 -103E, 12 -1101 and 12 -1102 of the Ordinances of the City of Brooklyn Center provides that any building or portion thereof which is damaged, dilapidated or unsafe or declared unfit for human abandoned may be declared to be a hazardous building and further be ar Y g habitation and upon such declaration, the owner thereof shall make the property safe and secure immediately so that it is not hazardous to the health, welfare and/or safety of the public and does not constitute a public hazard; and WHEREAS, the fee owner and owner of record of 800 69 Avenue N, Brooklyn Center, Minnesota is Melba P. Evanson, deceased as stated by David Evanson; and WHEREAS, her son, David Evanson, has claimed ownership; and WHEREAS, there are no liens, mortgages or encumbrances of record; and WHEREAS, the buildings and premises are hazardous by reason of the following: 1. The roof of the home has been extensively damaged by the intrusion of moisture, causing deterioration of structural members. Condensation and algae are observed on the inside of the windows. Areas of the roof are beginning to sink and there are numerous holes in the roof. The Building Official believes the roof is in danger of collapse. 2. The home is not secure, allowing animals to enter. 3. There are numerous volunteer trees growing at the foundation of the home that can damage the foundation structurally. 4. The accessory building on the property is in poor repair, is sinking in certain areas and has been the source of criminal acts by breaking and entering. 5. There is an accumulation of junk and debris in the yard. Photographs of the property are attached hereto and incorporated herein. WHEREAS, the City has maintained discussions with David Evanson, who claims to be the owner of the property and who does not deny the hazardous nature of the property and who has variously promised to hire a contractor to rehabilitate the property and also agreed to enter into an abatement agreement with the City by which the City would raze and remove the hazardous structures and eliminate all hazards and nuisances, but which agreement could not be concluded because David Evanson cannot show acceptable evidence of his ownership interest. David Evanson has also failed to properly register this property as a vacant property and his check in payment for the vacant property registration was returned as "account closed." Notes of the conversations with David Evanson are attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the City staff in the reports and photographs attached hereto and incorporated herein, as to the hazardous nature of the structure and the public nuisances existing thereon; NOW THEREFORE BE IT RESOLVED b the City Council of the City of Brooklyn Y tY tY Center that: Resolution No. 1. The City Council fords that the single family dwelling at 800 69` Avenue N Brooklyn Center, Minnesota is a hazardous building because of the extensive damage caused by the intrusion of moisture and the lack of maintenance and repair and that the roof of the home may be in danger of collapse and the accessory building on the premises is also hazardous and the premises contain an accumulation of debris and junk, and the conditions thereon constitute a public nuisance. 2. re mis es abatement conditions at said The e ent of the public nuisances and hazardous co P P is hereby ordered by the City Council of the City of Brooklyn Center as follows: Immediate razing and removing the dwelling and accessory building and all debris therefrom, removal of foundations and filling the excavation to grade with clean fill and removal of all debris and junk from said premises, within 10 days of the date of service of the Council's Order upon each owner. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date: Mayor ATTEST: City 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 duly passed and adopted. ORDER FOR THE CORRECTION AND ABATEMENT OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARD WITH RESPECT TO THAT REAL ESTATE LOCATED AT 800 69 AVENUE N BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 52 OF AUDITOR'S SUBDIVISION NO. 309 EXCEPT THE NORTH 660 FEET OF LOT 52 OF AUDITOR'S SUBDIVISION 309, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. a copy of which is attached hereto and incorporated herein, herewith orders the Estate of Melba P. Evanson and David Evanson within 10 calendar days of the service of this Order upon you, to raze and remove the dwelling and accessory building and all debris therefrom at 800 69 Avenue North, Brooklyn Center, Hennepin County, Minnesota 55430 and to further remove the foundations and fill all excavations to grade with clean fill and to remove all junk, rubbish and debris from the premises. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the dwelling and accessory building, and foundations and junk, rubbish and debris to be removed pursuant to Minnesota Statute §463.21 and City ordinances, with all costs thereof, including attorney's fees and administrative costs, to i be a lien against the real estate on which said building was located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Curt Boganey, City Manager Attachment III- Compliance Notices Ci ,nn ty of Brooklyn Center Building Community Standards 6301 Shingle Creek Pkwy, Brooklyn Center. _N01 55430 -2199 Ph: (763)569-3300 TTY 711 Fax: (763)569 -3360 m cifvofbrookhmcenrer. ort? CORRECTION ORDER/ABATEMENT NOTICE 05/26/09 David Evanson 720 69thAvcN Brooklyn Center, MN 55430 RE: 800 69Lh Ave N Dear David: Under the City's Vacant Building Ordinance (Chapter 12 -1501- 1511), an inspection of the above property was conducted that revealed the following violations which must he corrected as noted. Re- occupancy of the property is prohibited until an inspection is conducted to verify property maintenance conditions and a Property Maintenance Verification Certificate has been issued by the City. Please call 763 569 3344 to schedule the inspection after the violations are corrected and prior to rc -occupancy. as cY This correct'_on /ahater:.ent order will cr_.rt firm the cnsite inspection tha= was done with yca ir_ person cn J5/0 at 8C0 69" Ave Korth. The following findings and various oplA or..; you d rt i r. J Lhe :and your LhY necessary corrections, remedies and possible so= uticns for these viola_.'_ons tta= were noted and discussed during this inspecti:n. The fcllowir_g orders with completion_ dates wi 11 t• cr i :rh d. 1. Under the vacancy registration ordinance the property at 800 69 Ave will need to be registered with the city including the payment of the 595.00 fee. This will need to be completed on or before June 08 2009. re e 2. Submit a property plan that will meet city appr oval regarding g either bringing g g the property P rty into compliance that will allow for a certificate of occupancy to be issued, or a properly controlled demolition that includes permits and appropriate utility shutoffs. Either of these actions will require proper building permits being issued and work starting on or before 6/29/09 and substantial completion on or before 8/01/09. ro These actions 3. Remove all diseased and fallen trees brush piles and stumps throughout property. ert y Th Mill be under the supervision of the city forester. If these violations are not corrected, the City may consider legal action, fines, formal court action or abatement b the City. The costs for abatement the Cit includin administrative charges, will be the Y tY by br responsibility of the property owner. If unpaid, the charges will be specially assessed to the property in accordance with Minnesota Slate Statutes (4 Section 12-1510 of the city ordinances provides for an Appeal when it is made in writing and specifies the grounds for the appeal. Your cooperation in this matter is appreciated in order to ensure a safe, attractive community for the residents of Brooklyn Center. If you have any questions regarding this notice, please contact me at 763 -569- 3300. Sincerely, Property Code Specialist Dan Jerzak An inspection by the city does not constitute any representation, guaranty or warranty to anyperson as to the conditions of the building. The City does not assume any responsibility or liability in the inspection and certification of compliance. in�rataaa� City of Brooklyn Center A Millennium, Community 9/24/2009 *09- 014041* Melba P Evanson 800 69th Ave N Brooklyn Center MN 55430 RE: 800 69th Ave N, Brooklyn Center, MN Dear Property Owner: An inspection of you property was conducted on 09 -23-09 and the violations at the property pose health and life safety hazards and must be corrected promptly and are included in this letter. The following items were observed during the Inspection: Significant damage to the roof in numerous locations which could lead to partial or complete collapse. Extensive damaged cause from moisture currently present Inside the property. The following state statutes applies to your property: 463.15 DEfINITItNJSSubd. 3.Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building Of property within the municipality to correct or remove the hazardous condition of the building or property or to raze or reprove the building. Due to the condition existing on your property and the determination that it is a Hazardous Building you are being ordered to demolish the property by 10-08-09. If the property is not demolished by the aforementioned date the city will begin the process to have the property demolished according the guidelines set forth by Minnesota state statute chapter 463. The costs, including administrative charges, will be the responsibility of the property owner, and if unpaid, wig be speclaily assessed to the property in accordance with MS 429 et. seq. and MS 4631 Further, the property is vacant and an application for the Vacant Building Registration was submitted, however the check that was included for the registration fee did not dear due to the account being dosed. Therefore the property is in the process of being administratively registered, which will result in the $400 registration fee being assessed to the property. If you have questions, please contact me at (763) 569 -3420. Sincerely, A Jesse Anderson Housing and Community Standards Supervisor Copy: Posted Copy: Mailed to David Evanson, 720 69 Ave N, Brooklyn Center, MN, 55430 6301 Shingle Creek Parkway liecreation and Community Center Phone TDD Number Brooklyn Center, MN 55430.2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569.3434 PAX (763) 569.3494 www.cityol ooklyneertur org a h 4 i Attachment IV- Pictures V Ak 10/26/2009 lv O N e, QD O i ,Pi a L f 6/2009 i 1 f v2� Y v t i ••E 1 y f- 10/2 2009 t f t am 10/26/2009 J�(• mrt a �k S r. �r n r p S Z r i t 't. �r Y Y fp( y 6 j;. l h V '�k: J' C h.fls, }rt�4: d '�S I I'. 1,� .r ti,"�' *4�, T r V z '•roe• E' �Yr «A CD N C lk y 71 •1 111 F 7 1 -�x t 1 o .fir- r_ tit AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 23, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Prosecutor RFP Process 2. Complete Streets /Active Living 3. City Property Tax Comparisons PENDING LIST FOR FUTURE WORK SESSIONS December 1. TIF Districts Update 2. Administrative Fines Update 3. Sister City Update 4. 6101 Beard -6037 Brooklyn Blvd Update 5. Multiple Rental Property Owners Report January 1. Strategic Plan Goals Outcomes Success Measures 2. Local Government Aid Policy 3. Brookdale Mall Update 4. Community Gardens 5. Group Home Report 6. Meetings with Commissions 7. Joslyn/City Property Remediation Update Later /Ongoing 1. 57th and Logan Update 2. Strategic Outcome Reports 3. Department Year End Reports 4. Legislative Update a. Prosecutor Services 5. Community Schools Update 6. Ordinance Amendments Farmers Market 7. 2011 Brooklyn Center Celebration Update 8. Crime Free Housing Update 9. Random Acts of Kindness Mayor Willson 10. Neighborhood Designations 11. Junk and Inoperable Vehicles Update Back Yard Parking 12. Minn. Stat. 273.128 4d Rental Properties Annual Report 13. Visit Minneapolis North Update Work Session Agenda Item No. 1 i City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 23, 2009 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Review of Prosecution Services COUNCIL ACTION REQUIRED Receive information regarding plans to possibly consolidate misdemeanor prosecution services at the County level. Direction to staff regarding possible continuation prosecution services with Carson, Clelland and Schreder. BACKGROUND Per attached the attached Council direction from the October 26 2009 Study Session, staff has gathered information regarding the proposal to consolidate misdemeanor prosecutions under the county attorney office. The information included herewith explains the issue that is being discussed and sets forth a response from the perspective of local prosecutors. This issue was recently reviewed by the executive committee of the North Metro Mayors Association which will recommend that the NMMA Board formally oppose this concept. RFP PROCESS In accordance with City ouncil Policy 2.81 legal services will be periodically reviewed tY Y g p Y to ensure the proper balance between cost and quality of services for both civil and criminal services, alternating on a four -year cycle. The solicitation of requests for proposal for prosecution services is scheduled for this year. Prosecution services are currently provided by Carson, Clelland and Schreder. Staff from on Clelland and Schreder in an capacity each department that works with Cars y p Y met and reviewed the prosecution services being provided. The City Departments continue to be very satisfied with the services being provided. Some of the factors considered in the internal review included results /outcome of cases, efficiencies of operations /systems, working relationship and cooperation, and capacity to pursue continuous improvement. During the review, staff noted that numerous improvements have been made in the past few years as part of ongoing performance management efforts of the city and of Carson, Clelland and Schreder. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org i Some notable measures the past few years include, but are not limited to: Focused efforts to successfully prosecute repeat and chronic offenders, including multidepartment coordination and increased consequences such as fines. Examples include problem properties, unlicensed rental properties, Center Pointe Apartments, delinquent payments Reduction in processing time for formal complaints Working with staff to streamline processes and procedures through tracking and standardization initiatives Providing input on several new codes and amendments Appropriate handling of increased workload due to police activities, property code issues and other city activities Monitoring, communicating and adjusting operations as necessary in order to respond to changes in court system or laws Given these findings it is the opinion staff that there is no compelling administrative reason to seek an RFP Prosecutor services at this time. If contract with CCS is to be extended an extension of three or four years is recommended so that we will not be reviewing Civil and Criminal Legal services during the same period. If the Council wishes to defer the solicitation for request for proposals, staff would recommend that the terms of the current contract be reviewed, updated and if necessary renegotiated. COUNCIL POLICY ISSUES It is in the public interest to continue prosecutorial services with CCS? Does the benefit of an RFP process exceed the value of continuing prosecutorial services with CCS? Attachments Minutes excerpt 10/26/09 Memo MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 26, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of CARS Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, Timesaver Off Site Secretarial, Inc. Brooklyn Center School District No. 286 Superintendent Keith Lester was also present. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey requested discussion on EDA Agenda Item 4b. He clarified that the proposed Third Amendment to Real Estate Option Agreement with the General Service Administration (GSA) is not expected to affect the likelihood for the number of jobs that will be created by the development. He stated the building being built will support far more than the minimum number of jobs being proposed. The purpose for the modification to the Business Subsidy Provisions of Section 4.9 in relation to the number of jobs being proposed is due to the obstacle associated with borrowing money in the current business environment. Councilmember Roche requested discussion on EDA Agenda Item 4a. He requested clarification in regards to the status of the two homes for sale along Brooklyn Boulevard south of the property the EDA authorized to purchase at its last meeting. Boganey replied that the properties are monitored and staff is in contact with the brokers; however, there is not a formal commitment in regards to these homes. He clarified that the intent of EDA Agenda Item 4a is to authorize staff to enter into a purchase agreement on available properties with the stipulation of EDA approval, as opposed to waiting for EDA approval to make an offer. Councilmember Ryan requested additional discussion on EDA Agenda Item 4a, specifically in relation to the operation of the Neighborhood Stabilization Program (NSP) and how well the program functions for potential buyers. He inquired about making use of NSP funds as much as possible to conserve Renew Program funds. Mr. Boganey replied that early on when the NSP Program was approved it was considered whether or not other EDA funds should be limited to 10/26/09 -1- the area outside of the NSP area. It was concluded at that time that this would not likely be a good idea because the federal requirements were going to be so onerous that it would probably be more difficult for people to qualify. This has essentially proven to be true, although there have been a couple of NSP applications that have been approved. Staff does not believe it is in the City's interest to direct people away from the Renew Program to the NSP Program, as it will likely lead to more frustration due to the difficulty in qualifying. There was discussion on being proactive so as not to miss opportunities to purchase properties in the identified area on Brooklyn Boulevard. MISCELLANEOUS Councilmember Lasman requested discussion on deferring Item No. 9 under the scheduled October/November work session topics until Hennepin County has completed its consideration of the prosecutorial services process. She noted that proceeding with an RFP process may give the perception that the City is not happy with the current service being provided. Mr. Boganey reported that the North Metro Mayors' Association Board of Directors will be inviting a representative of the County to discuss what is being proposed by the County on this topic. More information will be available over the next several weeks. In regards to the RFP process, there have been occasions in the past where staff has recommended not to proceed with an RFP process and to continue with the firm that is currently in place. This would be one option. Another option would be for the Council to decide for the reasons outlined not to proceed with the RFP this year and to defer it to a date certain, whether that is one or two years from now. In terms of staff review, staff has put together a preliminary review of the current prosecutorial services. At this time staff would recommend some changes in terms of the expectations in the agreement with whomever the prosecutor would be going forward. There is no indication at the staff level that there is a strong desire to change prosecutors. There was discussion on the option of extending the current prosecutorial services contract. The majority consensus of the City Council was to direct staff to report back to Council with additional information in terms of what the Co is proposing in relation to prosecutorial County p po g P services, why it is being proposed, and to provide a recommendation on extending the current prosecutorial contract if Council determines to proceed with a contract extension. Councilmember Lasman reported on the North Metro Sustainability Meeting attended by members of the Council this afternoon. Cities are being asked to act in support of removing obstacles of movements such as "complete streets" which provides for pedestrian friendly streets and access for all modes of transportation. She suggested inviting a representative of this group to attend a Council work session to provide information on the topic. The majority consensus of the Council was to direct staff to schedule an upcoming work session agenda item as suggested by Councilmember Lasman to provide Council with information on the topic of "complete streets Mr. Boganey informed Council on the addition to the agenda of a brief discussion on a Hennepin 10/26/09 -2- Consolidation of Prosecution at the County Level: A Municipal Response' It has been proposed to consider consolidating misdemeanor prosecution at the county attorney office level in Minnesota. The basis given is that consolidation would make misdemeanor prosecution more efficient by reducing duplication of effort and centralizing resources. For the reasons that follow, the undersigned oppose such consolidation. An Historical Perspective M ANY years ago, with certain exceptions, county attorneys were r for the prosecution of all state crimes in the state of Minnesota. Many areas of th tdte were unincorporated, and relied on sheriff's departments, which were agencies of the county, to process criminal cases. The exceptions were major cities, mployed police departments under the direction of city councils, andwhich acted` "ordinances containing criminal penalties. It seemed appropriate fo gage a16cal attorney to prosecute the city's cases, both because of the different political situation, as well as the unique demands of the city in prosecuting crimes with in its- jurisdiction. If fact, "municipal" courts were created to admtnster these jurisdictions as cities became more numerous throughout the state, emplayed their own police officers, and began to prosecute cases using their own att Heys. District courts confined themselves to civil and felony matters. For whatever reasons, beginning in the 1980s, courts were consolidated into the District courts, meaning all judges.could =hear all cases. As a practical matter, calendars remained split between felony and #misdemeanor matters, because county attorneys would appear on the felonies, and munictpalprosecutors would appear on the vast majority of misdemeanor matters, especially in the areas of the state where most of the county was incorporated into cities Perhaps as a result of that consolidation, some judges believe consolidation of the felony and misdemeanor prosecution would lead to greater efficiencies. The Efficiency Argument. This memorandum incorporates viewpoints of municipal prosecutors from across the State of Minnesota, and their input is greatly appreciated. Their comments may have been edited for space requirements. This document was drafted by the Coon Rapids City Attorney's Office. 2 The Anoka, Dakota, and Hennepin County Attorneys have all made record of also being opposed to consolidation. The Hennepin County suburban police chiefs are calling a meeting to consider opposing consolidation as well. A T first blush, it would seem that consolidation could lead to greater efficiencies. A large central prosecuting agency would have better resources to deal with all cases, and could provide a clearing house and "one stop shopping" for the court administrator, crime victims, and police departments. There are a number of problems with this argument. Economies of scale make sense only when the same product is being produced. In a criminal justice system, the same product can theoretically be produced only when (1) the same laws are being enforced; (2) the same agencies are enforcing them; and (3) the community needs are the same Ih- argument holds for felony level cases which are (1) always prosecuted under state lows; (2) typically involve sheriff's offices major crimes investigation units ocal police departments; and (3) have broad public safety impacts. None of these things are true, however, with misdemeanor prosecution,, particularly in metropolitan areas, where municipalities take up most of the, political space. Misdemeanor level offenses are usually (1) a combination of state law violations and local ordinance violations, which vary from municipality to Is this just a municipal 2 are enforced b local police officers; and 3 slippery slope p y O y p to consolidating typically have local impacts only. gpically misdemeanor state law law violations such as domestic assault, disorderly conduct, and enforcement as even DWI have a more local;.. flavor and impact depending on the well? culture of the community and its needs to achieve public safety. In a nutshell prosecution consolidation would force counties, to achieve the same results as their muri!cipal counterparts, to compartmentalize their staffs to address the particular needs of the cittes, serve. This requirement would undermine any gains in efficiency via "economies of scale. 3 A city attorney had this to say: "As someone who worked in a County Attorney's Office in a management role and as a lead prosecutor I also know that County Attorneys often have frustration with local police departments who the `Attorneys feel are not properly trained, act in a manner that is contrary to the goals of the County Attorney, (even though consistent with local goals). I think the question will also need to be asked, is this just a slippery slope to consolidating law enforcement as well 40. e'municipal practitioner puts it this way: "Our city code is replete with ordinances that have been carefully created to deal with local concerns like rental licensing, recreational fires, animal control, zoning and the treatment of property with respect to nuisances. Our office consults almost daily and sometimes multiple times daily with those officials whose duty it is to enforce the Code provisions. Neither the County Attorneys nor some members of the judiciary have taken these local concerns seriously even though dealing with these types of issues often prevents larger issues in the future. Will County Attorneys really take the time to understand and consult with local officials working on these types of cases 5 This city attorney said: "How would this suggestion lead to efficiencies for the court? There would be the same number of cases. There seems to be no connection between the means proposed and the alleged goal of efficiency. Results would suffer greatly. Municipal prosecutors prioritize matters that area p roblem in that municipality (or in larger cities by neighborhood). This cannot be translated effectively on a county- wide basis, particularly in higher population counties. Familiarity with municipal ordinances, regulatory structures, etc., is also of prime importance and very difficult for a county level attorney to track." I A more subtle argument relates to the loss of economy in performing these duties at a local level. If consolidation was such a benefit, why do we have county roads and local roads? County commissioners and city councils? County planning departments and city planning departments? Local school boards? Why stop at county consolidation? Why not place all prosecution in the hands of the Attorney General? Clearly the concept we are considering is that some aspects of public service are best dealt with at local levels. We have local streets because they are easier and more efficient to build and maintain at a local level. Local public officials have more accountability and can respond more effectively to the local issues of their citizens. Local school boards are simply more efficient at dealing with the particular needs of the school age citizens of their jurisdiction. And, we would argue, municipal prosecutors' are better situated to respond to the needs of their city councils, police, other puNic employees, and citizens when it comes to local (i.e. misdemeanor) level prosecution wfh, ,Jn their communities. The Uniformity Argument I T is also argued that centralization of prosecution could -lead to a more uniform application of the law statewide. A single prosecuting.authority would be able to provide 11 the same prosecution standards across the m unicipal political boundaries of the county. The Attorney General has showed how consolidation of the Implied Consent procedures at its level has achieved uniformity of caselaw and sanctions for DWI offenders. Once again, uniformity makes the most sense in felony cases, which typically involve widespread impacts to public safety. The felony- "It's a level thief, arsonist, or property damager has greater impact on the solution public at large. It makes- -geese f6ir n agency with a wider political without a grasp to handle such cases The same can be said for felony -level problem. 6 This municipal attorney -stated: "City attorneys see the local police department as their primary partner in justice. For many, the only other agency they work with is the Minnesota State Patrol. City attorneys are more accessible.and accountable to local law enforcement. Nearly all offices invite a reciprocal'open door`. policy and invite dialogue on charging policies and negotiation options." A metropolitan city attorney said this: "If a City believed that justice would be better served by having its county prosecute misdemeanor crimes including code violations it could contract with the county as some cities have. Other cities recognize that the problem is one of local control and accountability. City officials must decide on a daily basis who better serves the people at the local level as measured by whether or not justice is served. Moreover, coordination between the civil municipal attorney and the civil prosecutor is essential, something that seems to be completely overlooked by those pressing for consolidation. It shows at best a lack of knowledge and, at worst, a certain level of arrogance as to what a city attorney's office really does." 8 One might ask, however, "at what cost The Implied Consent scheme has resulted in far greater duplication of effort in order to achieve that uniformity. Two attorneys (the AG and the prosecutor) must learn a file, two judicial hearings may be needed. and it is not uncommon for a police officer to be called multiple times to court to testify to essentially the same set of facts in these bifurcated hearings. drug violators, multi- repeat DWI defendants, and felony -level criminal sexual offenders. These violators have, by their actions or the actions they might commit in the future, a large effect on public safety. As such, bails are higher for these individuals, sanctions are greater, and the attention their cases get from prosecutors is justifiably greater. This is not to say misdemeanor cases are not important. Perpetrators of felonies tend to get in trouble in misdemeanor ways, too. The gangster on the way to a hit gets stopped for DAR. The would -be burglar gets stopped for DWI. These people tend not to pay fines; their licenses are suspended; they get pulled over; their ability to commit more crimes is hindered. But community policing is not just about getting the worst offenders. An�erdn violating traffic laws is a threat to public safety. Jurisdictions perceive those #hreats differently: monitoring traffic offenders might be a higher priority for°orie community over another due to past experience, quality of roadways, or even the demographics of that community. Studies show that active policing and prosecution at, "a community level results in better results at lower costs, and promotes public safetyAhan could prosecution at a more general level. Greater Efficienc><o M UNICIPAL prosecution shops are nimble 9 'Th ey can respond quickly to changing community needs in policing. They -4ave ari;untgt e ability to tailor their practice to meet those needs as identified by their locaLpolice agencies, citizenry, and city officials. They are also more immediately accountable id those entities than would be a county attorney's office. They are simply in a better position to get the unique job of prosecution in their individual communitieS,.done. 9 This municipal prosecutor had a conversation with a metro -area county attorney who went on record as not wanting this additional` workload. The municipal attorney wrote: "Cities always have the option of using the county attorney's office for prosecution and many do this in the non -metro areas. But, here in the metro the current prosecution service delivery is efficient and quite accountable to the communities they serve." He then quoted the county attorney: "It's a solution without a problem." to This municipal attorney stated: "City attorneys are more accessible and accountable to local residents and businesses. We know the people, issues, problems and geography of the area. All recent studies point to the fact that community prosecutors working hand in hand with local law enforcement where they know their problem properties and individuals, as well as the source of the problem are far more effective in overall crime prevention. City attorney offices are not political their sole aim is to do justice, not seek publicity, re- election or higher office." Another attorney representing a major metropolitan city was quoted as saying: "The suggestion may make sense for rural areas of the state but make no sense at all for metropolitan communities. It also would not introduce any efficiencies at all for our city, the county, or for our public defender's office. We operate on a very cost effective efficient basis." Better Experience at the Craft. C OUNTY attorneys in Minnesota do what they do very well. County attorneys handle civil matters, juvenile matters, misdemeanor prosecution (particularly in out -state areas), and felony matters. But that very composition of cases leads to the ultimate fact that the most junior attorneys would be handling misdemeanor prosecution if it were to be consolidated in the counties. Junior attorneys start in juvenile. They aspire to prosecute felonies. As positions open, they leave to move up the ladder. Many municipal prosecutors have been their positions for decades.' That continuity mumcipalities.enjoy with their own prosecutors would be lost upon consolidation. frR 1 One thing that I have noticed in over thirty years of service tts a mun I prosecutor is that the County Attorney's offices have `niche' positions for many areas, but not fkl. he area of lower level criminal prosecution. An Assistant County Attorney may find a career in JuV :'le Justice, or in Child Protection cases, or in Eminent Domain, but not in prosecuting misdemeanors and toss misdemeanors. Whenever I handle the jail calendar, the county attorney's representative is_ either still in law school or barely out of law school. They are training. For many decades, the Sherburne County Attorney's office did all of the municipal prosecution. In Anoka County, they still do the prosecuting for the townships. You do not see the experienced prosecutors handling these cases, y�iu see the inexperienced people who are aspiring to become felony prosecutors making their mistakes on fhe Less serious crimes. This is exactly what will play out if the metro county attorneys were to take over municipal prosecutions. It is human nature to want to prosecute murder cases instead of DWI's, and the "turnover" that is referred to would be far worse than at present `Cities would be short- changed not only by always having the least experienced staff handle the cases, butwould also have no input for specialty situations like zoning and nuisance matters. I for one do not understand the °turnover" statement. Most City Attorneys I know have been in their positions for a long time, and when they are replaced, it is usually over costs or over an inability to relate well with police or City Staif. Independent contractors do not enjoy the civil service protection of government employees, and if a City Council wants to make a change they are free to do so. Under this proposal, Cities will bear the same costs for less experienced prosecutors and be powerless to change what they do not like. A metropolitan city attorney said it like this: "In the context of the County Attorney offices- non felony prosecution, including the prosecution and handling of livability crimes, is handled by law clerks (Anoka County) or new attorneys. County offices focus their resources on the more serious offenses, which makes sense from their perspective. On the other hand, city prosecutors, most of whom have many years of experience, are specialists who place a high value on the everyday offenses that have the most impact the lives of our residents. Only city attorney offices can effectively deal with the quasi- criminal offenses, such as garbage houses, junk yards, party houses, and other code offenses. As a first step we effectively deal with most of these types of offenders through civil processes but require the threat of misdemeanor prosecution should those civil citations, license revocations or mediation fail to solve the problem. For instance, city attorneys in Bloomington meet once a month with Environmental Health inspectors, police, public health and fire to triage problem properties. Only about 2 of the approximate 200 cases that are active or being tracked now go to prosecution every year." i And consolidation would necessitate a re- tooling of county attorney's offices which focus on felony work. Felonies are "vertical" cases: they tend to be thick and fact laden; they are few and far between. Misdemeanors are "horizontal they are numerous, 13 they are compact cases; the municipal prosecutor must systematize and manage large volumes. The county prosecutor focuses on detail in a particular case, and City attorney lets the system move the case through it. The municipal prosecutor offices are not must first think about the system, and how it processes case political their volume to achieve justice in an overall way. The are used to large sole aim is to y' y e g do justice. caseloads, and managing them efficiently both in the office and in court. Where the felony practitioner may have five caseson a calendar, the municipal prosecutor will have 50. County attorrteys simply have not had the experience to deal with the different processinghtbese easeg` require as the move through the court system. In summary, we are opposed to consolidation of misdemeanor cases at;the county level. Communities would suffer, and hoped -for efficiencies will not obtaiA. We welcome opportunities to join together in obtaining efficiencies for the. criminal justice system, but only in the context of local control. (Sign final copy with any additional comments and fax back to 763 767 -6531) i is Over 20,000 filings in Hennepin County alone in 2008, which figure does not even include the City of Minneapolis! In Anoka and other counties, suburban prosecutors have banded together to handle each other's cases on i an ad hoc basis appear at bail calendars, and handle each others' weekend in custody affidavits, among other partnerships. Work Session Agenda Item No. 2 Active Living Hennepin Communities Community Toolkit 2009 Active Living Vision, Mission and Guiding Principles Active Living Active Living is a way of life that integrates physical activity into daily routines. Vision "Hennepin Active, Fit, and Healthy" Mission "Plan, provide and promote active living environments and opportunities for everyone" Guiding Principles a. Physical activity improves health and quality of life in our communities b. Places should be designed to provide everyone regardless of age, gender, language, ethnicity, economic status or ability with a variety of opportunities for safe, convenient, and affordable physical activity c. Development patterns should encourage mixed uses, compact designs, and a variety of transportation choices that link roads, transit, bicycling and walking d. Buildings and their landscapes should be designed with features that promote opportunities for active living and active transportation, including highly visible stairs, orientation to streets and sidewalks, bicycle facilities, and transit stops at main building entries; e. Transportation systems, including transit and trails, should provide safe, convenient, and affordable access to destinations such as housing, employment, schools, and community services 1 I Active Living Hennepin Communities 2009 Active Living is a way of life that integrates physical activity into daily routines through activities such as biking, walking and /or taking transit. Hennepin County has been committed to Active Living since 2006, when we teamed up with Blue Cross and Blue Shield (BCBS) to develop an active living program. Commissioner Dorfman leads this work, and Jeff Jacobs, Mayor of St. Louis Park is the co- chair. In August of 2008, we were awarded a new contract and technical support by BCBS for the next four years. Why is Active Living important? Improves physical and mental health Decreases risk of chronic disease (heart disease, diabetes, some cancers) Reduces medical costs associated with chronic disease Helps reduce traffic congestion and pollution, and improve air quality Builds safer, more socially connected communities Increases quality of life Background and current active living work: 1. Convened key public and private partners, hosted strategic planning meetings and workshops in 2006. 2. Conducted countywide assessment on active living in 2007. Brooklyn Park, Golden Valley and Independence were case studies of the types of development typically found in Hennepin County. Recommendations included the need to focus on: The transportation network Partnering with businesses, employers and schools Increasing walking and bicycle use 3. Active Living resolution unanimously approved by County Board on October 23, 2007. Recommended a approach: two-pronged roach: internal (county departments) external (continued p partnership). 4. All partner cities Bloomington, Brooklyn Park, Excelsior, Golden Valley, Hopkins, Independence and St. Louis Park, approved same resolution. 5. Active Living Interdepartmental Workgroup convened in 2008 under Administrator Johnson to integrate active living into county business. Seven Active Living policies were approved unanimously by the County Board on June 16, 2009: 1) Administration and Integration 2) Awareness and Education 3) Multimodal Transportation Systems 4) Sites and Buildings 5) Employee Opportunity 6) Vendor and Contractor Activities 7) Leadership and Management Accountability 6. Complete Streets workshop conducted on December 5, 2008; Winter Walking Workshop conducted on March 4, 2009. 7. Complete Streets Resolution unanimously approved by County Board on February 10, 2009. 8. New Complete Streets Policy unanimously approved by County Board on July 14, 2009. 9. Active living Hennepin Communities (ALHC) continues to expand our work through subcommittees including: Local policy development (e.g., Complete Streets), mentoring city councils and planning commissions, Active Living in multicultural communities, communications and marketing, and programs such as biking and walking workshops. For more information, contact Karen Nikolai at 612.348.8089 or karen.nikolai(a?co.henneoin.mn.us, or visit our website at htti): /www.henneoin.us /activelivinq. Active Living Hennepin Communities Community Toolkit 2009 Active Living City Council Resolution Template WHEREAS, Hennepin County is one of three communities contracted by Blue Cross and Blue Shield of Minnesota to create Active Living initiatives; WHEREAS, representatives from Hennepin County; the cities of Bloomington, Brooklyn Park, Golden Valley, Hopkins, Independence, Minneapolis, and St. Louis Pd k�McGough Companies; Metropolitan Council; Park Nicollet Health Services; Robbinsdale Si ool District; Target Corporation; and Three Rivers Park District have guided the cotlty's Active Living process since the Fall of 2006; WHEREAS, physical inactivity and poor nutrition are leading causes contributing to increasing rates of obesity and other chronic diseases, and adult obesity was declared an e 0 is in 2007 by the Director of the Centers for Disease Control and Prevention; WHEREAS, health problems associated with physical inactivity and poor nutrition affect Hennepin County and its communities through reduced quality of life and higher medical costs over $1 billion in Hennepin County per ye t WHEREAS, a 2007 countywide assessment ssessment and'surveyn active living clearly indicated both resident and official desire for increased opportunifi ew arriers to physical activity; WHEREAS, increased pedestrian and bicycle activity will reduce vehicle emissions and air pollution, thereby decreasing asthma attack rates and emergency room visits and promoting environmental sustainability; WHEREAS ub!1e rights -of -way can be designed, constructed, and maintained for automobiles as well as -for walkm biking; y t: WHEREAS, residents of (C 'Y) often face physical and perceptual barriers that limit their ability and'` ngness to w and bike to destinations within the county WHEREAS me "b a'', pedest lan and bicycle activity in (CITY) neighborhoods can enhance social cohesion, incea e n�hborhood economic viability, and improve safety by having more eyes -on- the street; WHEREAS, (CITY) strives to be a leader in non motorized transportation, environmental, and public health programs; and, WHEREAS, active living is a way of life that integrates walking and biking into daily routines; WHEREAS, (CITY) is home to a broad group of talented and committed city employees and residents interested in promoting active living; THEREFORE, BE IT RESOLVED, that the (CITY) City Council supports the Active Living Hennepin County vision "Hennepin Active, Fit, and Healthy;" BE IT FURTHER RESOLVED, that the (CITY) City Council supports the Active Living Hennepin County mission to "Plan, provide and promote active living environments and opportunities for everyone;" BE IT FURTHER RESOLVED, that the (CITY) City Council supports the Active Living Hennepin County principles: a. Physical activity improves health and quality of life in our communities; b. Places should be designed to provide everyone regardless of age, gender, language, ethnicity, economic status or ability with a vari _of opportunities for safe, convenient, and affordable physical activity; c. Development patterns should encourage m k"' es, compact designs, and a variety of transportation choices that link roads, transit, being Inc walking; d. Buildings and their landscapes should be designed withatures that promote opportunities for active living and active transportation, in4110ing highly visible stairs, orientation to streets and sidewalks, bicycle facilities, and trash stops at main building entries; e. Transportation system ��cluding transit and trails, should provide safe, convenient, and affordable access' to desff ns such as housing, employment, schools, and community services; M E BE IT FURTHER RESOL�1- tf', "C xy directs staff to incorporate Active Living policies into physical infrastructure and grams in (CITY) and to identify funding resources to support active living infrastructure priorid, IMF BE IT FURTHER RESOLVED that (CITY) shall partner with Hennepin County and other cities in the county during 2008 to develop'and implement Active Living strategies. OX City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 19, 2009 TO: City Council FROM: Curt Boganey, Manages SUBJECT: Complete Streets /Active Living g COUNCIL ACTION REQUIRED Council direction is requested regarding it its desire to receive additional information regarding the Complete Streets /Active Living Program. BACKGROUND Council members Lasman, Roche and I attended the North Metro Sustainability Round Table on Monday October 26 2009 at Brookdale Library. Per the attached direction from the City Council I contacted Karen Nikolai regarding making a presentation to the City Council regarding Complete Streets Report. I have attached a copy of the draft of this report commissioned by the State Legislature. On the date of the meeting and through November 9 th the Minnesota Department of Transportation was soliciting public comment on the report. On the date of the October 26 Meeting, Ms Nikolai was suggesting that a letter of support by the City Council would be potentially helpful for the effort., In speaking to her recently she indicated that the Hennepin County Chair had written a letter of support during the comment period and felt that a letter of support from other cities after the comment period would not seem to have the same value. Ms. Nikolai who is the Hennepin County Community Design Liaison for Active Living Communities indicated that when she spoke with Council members Lasman and Roche that she also offered to make a presentation regarding the Active Living Communities project which is focused on ways local communities can create safe and convenient pedestrian, bike and transit links, consistent with the Complete Streets policy. At this a presentation on the point it appears that Council may which have either have p proposed Compete Streets Policy and /or the Active Living initiative of Hennepin County. COUNCIL POLICY ISSUES Will receiving additional input and or information regarding the Complete Streets Policy /Active Living Program improve City Council policy making? Policv Goals Affected Redevelopment Plans City Infrastructure Environmental Sustainability 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org Attachments 1. Minutes 10/26/09 2. Complete Streets Draft Report 3. Hennepin County Active Living Policy 4. Hennepin County Active Living Vision/Mission the area outside of the NSP area. It was concluded at that time that this would not likely be a good idea because the federal requirements were going to be so onerous that it would probably be more difficult for people to qualify. This has essentially proven to be true, although there have been a couple of NSP applications that have been approved. Staff does not believe it is in the City's interest to direct people away from the Renew Program to the NSP Program, as it will likely lead to more frustration due to the difficulty in qualifying. There was discussion on being proactive so as not to miss opportunities to purchase properties in the identified area on Brooklyn Boulevard. MISCELLANEOUS Councilmember Lasman requested discussion on deferring Item No. 9 under the scheduled October/November work session topics until Hennepin County has completed its consideration of the prosecutorial services process. She noted that proceeding with an RFP process may give the perception that the City is not happy with the current service being provided. Mr. Boganey reported that the North Metro Mayors' Association Board of Directors will be inviting a representative of the County to discuss what is being proposed by the County on this topic. More information will be available over the next several weeks. In regards to the RFP process, there have been occasions in the past where staff has recommended not to proceed with an RFP process and to continue with the firm that is currently in place. This would be one option. Another option would be for the Council to decide for the reasons outlined not to proceed with the RFP this year and to defer it to a date certain, whether that is one or two years from now. In terms of staff review, staff has put together a preliminary review of the current prosecutorial services. At this time staff would recommend some changes in terms of the expectations in the agreement with whomever the prosecutor would be going forward. There is no indication at the staff level that there is a strong desire to change prosecutors. There was discussion on the option of extending the current prosecutorial services contract. The majority consensus of the City Council was to direct staff to report back to Council with additional information in terms of what the County is proposing in relation to prosecutorial services, why it is being proposed, and to provide a recommendation on extending the current prosecutorial contract if Council determines to proceed with a contract extension. Councilmember Lasman reported on the North Metro Sustainability Meeting attended by members of the Council this afternoon. Cities are being asked to act in support of removing obstacles of movements such as "complete streets" which provides for pedestrian friendly streets and access for all modes of transportation. She suggested inviting a representative of this group to attend a Council work session to provide information on the topic. The majority consensus of the Council was to direct staff to schedule an upcoming work session agenda item as suggested by Councilmember Lasman to provide Council with information on the topic of "complete streets Mr. Boganey informed Council on the addition to the agenda of a beef discussion on a Hennepin 10/26/09 -2- 3 q. v. Complete Streets Report 0 4 0 A Report Commissioned for the Minnesota Legislature TP This a was l intentionally I p ge a eft blank. Complete Streets Report A Report Commissioned for the esota Legislature DRAFT REPORT October 2009 This is a po` Pp 'ect to revisions by the Corn 'oner of Transportation. Prepared by: Minnesota Department of Transportation Report Development Cost As required in Minnesota Statute 3.197, this document must contain the cost of preparing the report at the beginning of the report, including any costs incurred by another agency or another level of government. The Minnesota Department of Transportation contracted with SRF Consulting Group, Inc. to write this report for a fee of $89,000. This fee included organizing, facilitating and recording all committee meetings and drafting, editing and developing this final report. Complete Streets Legislative Report DRAFT September2009 Acknowledgements The development of this document involved a series of meetings, research, and correspondence via email among three groups: a Project Management Team, Advisory Committee and Technical Advisory Panel. These committees were extremely effective in identifying key issues and concerns related to Complete Streets. Their involvement and insight provided key stakeholder input in the development and oversight of this document. Mn /DOT would like to thank the following individuals and org `tions for their contributions to this report: Project Management Team John Powell, Co -Chair City of Savage Tim Quinn, Co -Chair Mn /DOT Merry Daher, Project Manager Mn /DOT State Aid Rick Kjonaas, Alternate Project Manager Mn /DOT State Aid Michael Marti SRF Consulting Group Renae Kuehl SRF Consulting Gr Advisory Committee Lee Amundson Willmar Area Transp tion i James Andrew Metropolitan Council Dennis Berg Anoka County Commissio Gary Danielson Minnesota County Engin Association Steve Elkins Bloomington City Council James Gi Duluth Metropolitan Planning Organization Dan G ei nesota Association of Townships Ma omber ark Heights Kare olai Hennep ounty Community Design Liaison Shelly P on Bloom on City Engineer Mike Scha Mn /D ransit Mike Wojcik es Council Member Complete Streets Legislative Report —DRAFT October2009 i Technical Advisory Panel Tim Anderson Federal Highway Administration Ron Biss Transportation Accessibility Advisory Committee Scott Bradley Mn /DOT Context Sensitive Solutions Marc Briese City of Woodbury Traffic Department Brian Gage Mn /DOT Transportation Planning Lynnette Geschwind- Mn /DOT Affirmative Action Sue Groth Mn /DOT Traffic Michael Huber Urban Land Institute Amr Jabr Mn /DOT Metro Operations and Maintenance Tim Mitchell Mn /DOT Office of Transit Matthew Pahs Mn /DOT Office of Freight and C ercial Vehicle Operations Mike Robinson Mn /DOT Duluth District Jim Rosenow Mn /DOT Office of Technica 5 port Paul Stine Mn /DOT State Aid Standards Mukhtar Thakur Mn /DOT Office of Technical Sup Barb Thoman Transit for Livable Communities Irene Weis State Non motorized Transportation Advis ommittee We also acknowledge bution of additional individuals who gave presentations and technical input a mi eetings: Mitzi Baker Olm -Rochest lanning Greg Coughlin M T M 'd Beverly Farraher Mn tro Op nd Maintenance Lisa Freese Scott Coun Maryanne Kelly Sonnek M T Cooperative /Municipal Agreements John Maczko City of Saint Pa Barbara McCann National Complete Street Coalition Sue Thompson Mn /DOT Office of Investment Management James Weingartz Mn /DOT Project Development ii Complete Streets Legislative Report DRAFT September2009 TABLE OF CONTENTS Chapter 1: Executive Summary ..............................1 Chapter 2: Description and Goals ..............................5 Legislative Request Complete Streets Definition and Purpose Report Goal Study Approach Chapter 3: Balancing Safety, Mobility, Efficiency and Cost ..............................9 Balanced Approach Relationship to Context Sensitive Solutions and Design Context Sensitive Design and Soluti ersus Complete Streets Chapter 4: "State of the State" in Minne .............................11 Current Design Standards Funding Operations /Maintenance Accessibility Compliance Chapter 5: Lessons Learned from Interviews .............................15 Interview Background Summary iew Findings Chapter 6: Ben ost, Fe ability and Funding .............................19 Be Costs easibili ate:, Cha 7: Implem do tegies .............................23 Chap te Conclusio nd Recommendations .............................25 onclusion omme ons Appendix A: 200 lete Streets Law Appendix B: Mn /DO 's Scoping Process Appendix C: Meeting Agendas and Summaries Appendix D: Summary of Follow -up Interviews Appendix E: Minnesota Transportation Design Resources Summary Appendix F: Complete Streets Resources Summary Complete Streets Legislative Report DRAFT October2009 iii This page was left intentionally blank. iv Complete Streets Legislative Report DRAFT September2009 Chapter 1: Executive Summary Legislative Request This report is in response to the state's legislative directive to the Commissioner of Transportation to study the costs, benefits and feasibility of implementing a Complete Streets policy. (See Appendix A: Laws 2008. Chapter 350. Article 1, Section 94). In doing so, this report summarizes key elements of the study, including: Compilation and review of a list of Complete Streets resources. Review of the state's current design practices regarding Complete Streets. Assessment of Complete Streets impacts to intenance and operations. Review of other local, regional and state -e lete Streets policies and best practices and lessons learned from of misdictions. Review of the costs, benefits and fea of Co a Streets. Recommendations relating to the implem u_ a Complete Streets policy. Study Approach The feasibility of implementing a Complete Streets Polic innesota was one of the i many studies the 2008 Legislature assigned for completion he Commissioner of Transportation. The C ner assigned the Mn /DOT Division of State Aid for Local Transportation a manage this task. State Aid formed a Project Management Tea worked h an Advisory Committee and Technical Advisory Panel. These gro onsisted lected officials and other representatives from federal, state, coun an nment as well as individuals with expertise in t roads, transit, bicyclin erica abilities Act, planning and community development, diverse po ons, active live g and health advocacy. Balancing Safety, Mobility, Efficiency and Cost Complete Streets does not meanM modes on all roads"; rather, the goal of Complete Streets should be to 1) develop a balanced transportation system that integrates all modes via planning inclusive of each mode of transportation (i.e., transit, freight, automobiles, bicyclists and pedestrians) and 2) inclusion of all transportation users of all types, ages and abilities. "State of the State" in Minnesota Throughout the study, there were several technical presentations made by practitioners /experts on current practices and how they relate to the Complete Streets concepts; the presentations covered Mn/DOT and State Aid design standards, practices and policies, operations and maintenance, funding, and the Americans with Disabilities Act (ADA) compliance. In this report, the term "ADA" generally refers to accessibility requirements including the ADA Section 504 of the Rehab Act and other p ertinent q 9 P regulations. Complete Streets Legislative Report DRAFT Chapter 1 October 2009 Page 1 The existing design policies and manuals require updating and reconciliation to eliminate inconsistencies and integrate all modes of travel. The main areas of potential conflict were identified between current design practices and Complete Streets: lane width design speed and annual daily traffic threshold level of service and roadway 9 P Y Y classification. Lessons Learned from Interviews The American Planning Association /National Complete Streets Coalition provided interview data (which they conducted) for five agencies. Follow -up surveys were conducted to gather more detailed information on cost/benefit and implementation of Complete Streets policies. This information was synthesized to determine the following lessons learned: Implementation of Complete Streets is easi if all levels of government are involved and the policy is developed by s, Siders. Complete Streets is inherent to Conte sitive Solutions (CSS). Complete Streets requires a flexible proce No benefit/cost analysis is available for C treets policy. Benefit, Cost, Feasibility and Funding No specific benefit/cost data is available. Given the time udget constraints of the a study, providing detailed cost estimates for various options not developed. However, a list of potential benefits and costs associated with Complete Streets was developed. Adopting a Complete Streets policy would complement Mn /DOT's existing Context Sensitive Design aolicv and would further reinforce its principles. Complete Streets are considered feasible on state, regional and local levels. Implementation De ment and imp ntation of a Complete Streets process should follow a phas quential appr establish need; develop policy; reconcile differences in planning design polic guidelines and manuals; implement; and review /me /refine. Recommendations Being one of the firs ates to adopt a policy requiring Context Sensitive Design and Solutions, Minnesota is already positioned to support a Complete Streets" approach to transportation investment. In addition, Mn /DOT staff have been actively working on integrating ADA, CSS and bicycle /pedestrian principles within its agency. Two local agencies (Hennepin County and the City of Rochester) in Minnesota have already adopted their own resolutions for Complete Streets, indicating that Complete Streets are achievable at a local level. Chapter 1 Complete Streets Legislative Report DRAFT Page 2 October 2009 i State agencies need to be prepared to facilitate local agencies in developing their local Complete Streets approach to assist with their specific project development needs. The study committee identified several key recommendations: Mn /DOT should build on existing CSS practices and develop and implement a statewide Complete Streets policy using the following phased sequential approach: Establish need. Develop a policy. Reconcile differences in planning and design pia guidelines and manuals. Implement. Review /measure /refine. Mn /DOT should review and revise conflicting information in Minn 's design documents. Mn /DOT should further explore the feasibility of integrating Minnesota's existing planning and design manu ted to Complete Streets into one manual. Mn /DOT should integrate Cony is into Mn /DOT's new Scopina Process model (see Appendix B). Mn /DOT should identify ways to s g ents in developing and understanding funding sources an onstraint related to these sources. All agencies should develop an inte d transportation plan that addresses connectivity for all modes for all users 11 ages and abilities. Mn will serve as a resource to asst t local agencies in developing their own ets policies with the support of Mn /DOT's expertise in CSS, ADA, cle /pe planning, design and funding strategies. /DOT State hould review the State Aid variance process and make it accessible transparent. Complete Streets Legislative Report DRAFT Chapter 1 October 2009 Page 3 This page was left intentionally blank. Chapter 1 Complete Streets Legislative Report DRAFT Page October 2009 Chapter 2: Description and Goals Legislative Request This report is in response to the state's legislative directive to the Commissioner of Transportation to study the costs, benefits and feasibility of implementing a Complete Streets policy. (See Appendix A: Laws 2008. Chaster 350. Article 1. Section 94) This directive follows national legislation that would add a provision to Title 23 of the Code of Federal Regulations to ensure that future transportation investments made by state Departments of Transportation and Metropolitan Planning Organizations create appropriate and safe transportation facilities for all those using the road motorists, transit vehicles and riders, bicyclists and pedestria f all ages and abilities. H.R. 1443 Complete Streets Act of 200 S. 584: Complete Streets Act of 200 Complete Streets Definition and Purpose Complete Streets policies encoura cies to a that road projects are designed to meet local needs, be s ontext mphasize that all modes of transportation and all users are consi ed oject v lopment process. Complete Streets policies are intende rov o' ion network that promotes physical activity, accessibility, en t ity, safety and mobility. Examples of the Complete Streets goals rinciples include: Reduce crash rates and severity of c es. Improve mobility and accessibility of all ividuals including those with di s accordance with the legal requirements of the ADA. urage I shift to non motorized transportation and transit. duce air and r pollution and reduce noise impacts. 1 se transport n network connectivity. Maxi the effic' use of existing facilities. Strive fo ed investments to provide maximum benefits to the community user groups. Safely integrate intermodal connections across the transportation network. Promote safe and convenient access and travel for all users (pedestrians, bicyclists, transit riders) and people of all abilities as well as freight and motor vehicle drivers. Complete Streets Legislative Report DRAFT Chapter 2 October 2009 Page 5 Report Goal This report summarizes key elements of the study including: Compilation and review of a list of Complete Streets resources. Review of the state's current design practices regarding Complete Streets. Assessment of Complete Streets impacts to maintenance and operations. Review of other local, regional and state Complete Stre olicies and best practices and lessons learned from other jurisdictions Review of the costs, benefits and feasibility of Co Streets. Recommendations relating to the implementati a lete Streets policy. Study Approach The feasibility of implementing a Complete Streets Policy in Minnesota one of the many studies that the 2008 Legislature assigned for completion to the Co ssioner of Transportation. The Commissioner assigned the Mn /DOT Division of State Aid for Local Transportation to manage thi task. State Aid formed a Project Management Team that worked with an Adviso ittee and Technical Advisory Panel. These groups consisted of elected officials representatives from federal, state, county, city and town government as I as als with expertise in roads, transit, bicycling, ADA, planning and commun evel iverse populations, active living and health advocacy. Throughout the study, a series of meeting s held to aggregate, review, discuss and synthesize the information listed above (se endix C Schedule of Meetings). An integral part of these meetings included pres tions from leading practitioners on key topics, whic cluded: na ctive on Complete Streets, including information on cost/benefit ft We sign stands Geometric dards and Context Sensitive Design ate Aid St ards (local government) ed n Policy and Practices Funding Cost Share Policy (motorized and non motorized facilities) Special Cooperative Projects Local Perspectives (city and county) Operations and Maintenance ADA regulations and compliance Chapter 2 Complete Streets Legislative Report DRAFT Page 6 October 2009 During another phase of the study, the policies of other local, regional, and state Complete Streets were reviewed. The initial plan was to conduct phone surveys of several agencies that had implemented Complete Streets policies and summarize the findings. However, the American Planning Association (APA) is working with the National Complete Streets Coalition (NCSC) in completing a similar task. Rather than duplicate this effort, the APA/NCSC shared their interview findings with the Minnesota study with the agreement that any additional follow -up surveys conducted by Minnesota would be shared with APA/NCSC. One key area that the earlier surveys did not focus on was the policy development and implementation phase. Therefore follow -up surveys were conducted by Minnesota with several agencies. i Complete Streets Legislative Report DRAFT Chapter 2 October 2009 Page 7 This page was left intentionally blank. Chapter 2 Complete Streets Legislative Report DRAFT Page 8 October 2009 Chapter 3: Balancing Safety, Mobility, Efficiency and Cost Balanced Approach The purpose and effectiveness of a transportation system is relative to the user: transit, freight, motorist, bicyclist, pedestrian and people of various ages and abilities. The growing emphasis on balancing community values in the development of transportation projects was formalized with the passing of the nal Environmental Policv Act of 1969. Congress intended that the effective im ntation of NEPA results in a balancing of safety, mobility, economic and environ onsiderations. In the late 1990s, a new set of principles was develope hat pl transportation, community and environmental goals on equal footing and produce approach to make it happen: Context Sensitive Solutions. In Section 6008 of SA -LU, Congress endorsed these principles as an important element of project ed by the Federal Highway Administration. In addition, as part of TEA -21, a plannin cess establishing Area Transportation Partnerships was implemented, which allows local partners to be involved in project se ction. Relationship to Context Sensitiv I I d Solutions (References to Context Sensitive Des and' s and Context Sensitive Solutions refer to the same philosophy and body rin as become the national term.) Initially, Context Sensitive Solutions was p t specific; however, as it evolved, CSS has gone beyond the project phases of trans ation program delivery and into a wider understanding and implementation of commu and environmentally sensitive planning J n. As part of an education and outreach effort, Mn /DOT co- hosted the Mi ensitive Design and Solutions Workshop in 2005, which included an of ating CS Systems Planning" module. CSS i ulti- discipline ollaborative approach that involves all stakeholders to develop nsportation ity that fits its physical setting and preserves scenic, aesthetic, I is and en mental resources, while maintaining safety and mobility. CSS is an ap h tha siders the total context within which a transportation improvement pr ist. CSS principles include the employment of early, continuous and m ful involvement of the public and all stakeholders throughout the project developm nt process. In the fall of 2009, Mn /DOT assigned a director to lead CSS within the agency. Complete Streets Legislative Report —DRAFT Chapter 3 October 2009 Page 9 Mn /DOT's approach to CSS emphasizes six key principles: Balance safety, mobility, community and environmental goals in all projects. Involve the public and affected agencies early and continuously. Use an interdisciplinary team tailored to project needs. Address all modes of travel. Apply flexibility inherent in design standards. Incorporate aesthetics as an integral part of good design. Context Sensitive Solutions versus Complete Streets HR 1443/S 584 The Federal Complete Streets Act of 2009 defines Complete Streets as: "A roadway that accommodates all traveler rticulariy public transit users, bicyclists, pedestrians (including i_ uals of all ages and individuals with mobility, sensory, ne cal, or hidden disabilities), and motorists, to enable all travelers to u roadw fely and efficiently." Some references differentiate CSS and Comple as "project" oriented versus "process" oriented. The consensus is that Comple ets must begin within the "planning" process (versus design). To address this, PA is preparing a Best Practices Manual on Complete Streets, which is schedu be available in January of 2010. Complete Streets doe "all modes on all roads rather, the goal of Complete Streets should be to veto alanced transportation system that integrates all modes via planni lusive of h mode of transportation (i.e., transit, freight, automobiles, bicy and pe ians) and 2) include transportation users of all types, ages and abilities. One of the focuses of int ed modal pla mg would be to designate routes or corridors that would provide ility for that mode throughout the network. A long -term goal of Complete Streets focu n road users and is about making multi -modal inclusion routine, so that,multi -m design does not require retrofits and the transportation system safely and conveniently serves all modes and all users of all abilities. Mn /DOT's 2006 policy requiring CSS and Design on all Trunk Highways was a catalyst to having this design approach become the "standard." Most projects designed in the last few years have used CSS principles including strong public participation; this includes State Aid and local government projects. With a typical roadway /project life cycle of 30 to 50 years and without additional or dedicated funding, depending on the network size and agency budget, it could feasibly take an average agency more than 50 years to fully rebuild their network to CSS standards. i Chapter 3 Complete Streets Legislative Report DRAFT Page 10 October 2009 Chapter 4: "State of the State" in Minnesota Current Design Standards At the May 11, 2009, Advisory Committee meeting, a panel of experts from Mn /DOT and State Aid gave a presentation on Mn /DOT and local design standards, practices and policies. A full meeting summary is presented in Appendix C. Key items discussed were standards, design resources available and inconsistenciesetween them. Transportation Design Resources There are many design resources used in Minnesota t e rules, guidelines, procedures, specifications and references for corridor ign. is no strict hierarchy among them, as each resource has a unique role and i ded to complement the others while offering unique information. In Appen a table listing detailed descriptions and websites of all resources used in Minnesota 1 E rented. The following are a few key design resources currently used in Minnesota: The American Association of State Highway and Transportation Officials AASHTO) published A Po on Geometric Design of Highways and Streets (Green Book), whic ional policy that was developed through AASHTO and includes poole o of standard practices. This AASHTO policy is intended as a guidelin d esign standards; however, certain criteria have been adopted by th x. H ds for the National Highway System (NHS). Additionally, this often by states as the basis for their individual policies. The Mn /DOT Road Design Manual developed using many practices established in the Green Book; howe ht has criteria and value ranges that dill AASHTO criteria. The MnfU T Road Design Manual can be c_ "hub" of transportation design in Minnesota the starting point for gunk Hig design project. It establishes uniform design practices atewide but a rovides enough flexibility to encourage independent design. rimarily inte for design of the Trunk Highway system, but it can also be u r local road Mn /D Bike w acility Design Manual, Minnesota Manual on Uniform Traffic o ices and Bridge Design Manual are examples of specialize Is that are typically used in tandem with the Mn/DOT Road Design Manu These specialized manuals complement the information provided in the Mn/DOT Road Design Manual, while offering more specific design guidance. Mn/DOT's State Aid Manual is a stand -alone resource that is required when designing for State Aid roads using State Aid funds. While most of the important design practices in this manual are the same as those in the Mn/DOT Road Design Manual, it identifies some criteria and value ranges developed by a statutory committee of city and county engineers for the specific needs of their Complete Streets Legislative Report DRAFT Chapter 4 October 2009 Page 11 State Aid roads. WDOT's State Aid Manual is not nearly as detailed or comprehensive and requires the use of other resources for additional guidance. Local non -State Aid roads do not need to adhere to these standards; however, local agencies tend to default to State Aid standards, even on non -State Aid routes, to provide consistency within their jurisdictions. Integration of the existing Minnesota design manuals into one manual has been suggested; however, the feasibility of this needs to be further explored. Design Manuals /Guides Highlights The following is a list of key points as well as inconsistence ted to design manuals /guides currently used in Minnesota: Tables 4 -1 and 4 -2: Bikeway design selection an ural cross sections from Mn /DOT's Bikeway Facility Design Manual are the mo hly used tables in the manual. Bikeway design guidance on bicycle lane width in the State Aid deg„ chart 8820.9936 conflicts with data in tables 4 -1 and 4 -2 in the Bikeway ity Design Manual listed above. These need to be reconciled. Minnesota is unique in that id design standards are defined via State Aid Rules as law. There is a perception that Stat 'd ru inflexible design favoring motorized traffic; however, appr at pt of all variances to State Aid rules have been approved. Info out t riance process is available in Section VII of Chapter 1 of the 200 to Aid Manual. httD: /www.dot.state.mn.us /stateaid/ ual /sam07 /chaoterl /1- 7.html Local agencies tend to default to State .a_: standards. ad Design Manual, Bike Facility Design Manual and Technical oran Context Sensitive Design and Solutions all stress the portance of rating pedestrian and bicycle elements into all projects. OT's Road n Manual: onsiders p strian and bicycle elements as "other design criteria" er tha ndamental design criteria. La on on how to design sidewalks and bicycle lanes. Contai multiple instances where text is used to describe pedestrian and bicycle features, but no graphic exists to depict it. Provides graphics for pedestrian integration that does not always depict ADA compliance. Directs the provision of pedestrian/bicycle facilities when warranted; however, without existing facilities, it is difficult to gauge the demand. Streets Legislative hapter 4 Complete Report DRAFT p Page 12 October 2009 A Complete Streets policy would need to: Review /revise conflicting design documents regarding: Lane width Design speed ADT threshold Level of Service Roadway classification Update the Road Design Manual to provide more prevalent and clear direction on the design and integration of pedestrian and bicycle facilities with roadways. Funding At the June 24, 2009, Technical Advisory P eeting esentatives from Mn /DOT, a county (Scott) and a city (Saint Paul) gave p to n funding resources and coordination for roadway projects. The goal was understand the funding that exists (i.e., how to creatively use multiple funds on oject to facilitate Complete Streets and clarify if funding sources limit modes or sp ally if they funded one mode but were not flexible to fund another). A meeting summa resented in Appendix C. Key items discussed in State of Min a trans ation funding sources are obtained through the collection to and fe I revenues (i.e., fuel, tire, truck/trailer sales and heavy vehic a sale Special cooperative projects are an option to include multip roject needs. There is not one c I resource tha agencies can use to get information about all funding sources a le. Identifying funding can b icult if the project needs do not align with the specific funding source con raints. In addition, if an agency would like to use multiple funding sources on one project, the timeframe that the funding is available from each source may not align. A Complete Streets policy would benefit from a complete list of funding sources available and the constraints related to these sources. Operations /Maintenance At the July 29, 2009, Technical Advisory Panel meeting, a representative from Mn /DOT's Maintenance Department gave a presentation on maintenance and operations practices. A meeting summary is presented in Appendix C. Complete Streets Legislative Report DRAFT Chapter 4 October 2009 Page 13 Key items discussed included: It is important for designers to work with maintenance staff among others during the design process to ensure that maintenance and functionality are balanced. Because of limited budgets /fixed finances, any additional infrastructure will require a reprioritization of maintenance and operations practices. The level of maintenance needed differs by mode (e.g., sweeping practices are different for a motor vehicle than a bicycle). The Mn /DOT Metro District recently adopted a snow r al policy, indicating snow removal priorities of roadways first, followed s. This prioritization was based on use. A Complete Streets policy should outline imple tation s that include the consideration of maintenance and operations practices. inc Developing design standards for Complete Streets that i m e operations/ maintenance staff in the development. Developing a design exception process that involves operations/ maintenance staff in the design. Identifying funding a or operatio rem ns /maintenance of the built facility. Defining and assigning s rities on sidewalks and ramps to improve accessibility. Accessibility Compliance At the July 29, 2009, Technical Advisory Pa eeting, a representative from Mn /DOT's Affirmative Action Section gave a p entation on accessibility requirements including Section 504 of the Rehab Act and other pertinent regulations. A meetin esented in Appendix C. Ke s discussed i ed: 1 new proje re required to be designed and maintained to be compliant wit ADA. All prod ill b luated for accessibility needs. Title II of th (1990) is the transportation related section and requires all agencies to elop a transition plan to indicate how they intend to update their facilities to meet ADA standards. Mn /DOT has developed a transition plan (2009) as required by ADA. All responsible staff needs to be educated on accessibility and fully understand their role in all phases of service delivery. Chapter 4 Complete Streets Legislative Report DRAFT Page 14 October 2009 Chapter 5: Lessons Learned from Interviews Interview Background As part of this study, a review of other local, regional and state Complete Streets policies was completed. The initial plan was to conduct phone surveys of several agencies that had implemented Complete Streets policies and summarize the findings. However the American Planning Association (APA) is working h the National Complete Streets Coalition (NCSC) in completing a similar t his information is being complied into a Best Practices Manual on Complete is report, which is being developed by the APA/NCSC and highlights more than ies with Complete Streets and is scheduled to be available on the APA e i uary of 2010. Rather than duplicate this effort, the APA/NCSC shared their inte endings from five agencies with the Minnesota study with the agreement that any addit follow -up surveys conducted by Minnesota would be shared with APA/NCSC. O area that the earlier surveys did not focus on was the policy development and imple tation phase. Therefore, follow -up surveys were conducted by Minnesota with several agencies: a summary of these sury s is included in Appendix D. The five agency interviews summa E is report include: City of Charlotte, NC Policy teme ded in the design guidelines: Transportation Action Plan (ado in nd Urban Streets Design Guide (adopted October 2007). Louisville, KY Metro Government rdinance (passed in 2008), design guidelines and a policy statement ad as an addendum to the city's comprehensive plan. Massachusetts Highway Statute (instituted in 1996) and a policy statement included in the design guidelines (completed in 2006). Oregon State Statewide statute (Occurred 38 years ago) Seattle, WA Ordinance including policy statement (Passed in 2007) Summary of Interview Findings The following is a summary of findings from the five interviews: Complete Streets are easier to implement if all levels of government within a state are concurrently applying Complete Streets principles. This minimizes differing design standards being applied by the various agencies with jurisdiction over roadways (e.g., city, county and state). Implementation of Complete Streets is easier when there is support for the policy by elected officials and /or upper agency management. Complete Streets Legislative Report DRAFT Chapter 5 October 2009 Page 15 All stakeholders should be actively involved in developing a Complete Streets design guide, as this will result in wider acceptance of the final design guide by the stakeholders. When implementing Complete Streets, clarity should be established about how Complete Streets principles will be applied. All interviewed agencies are applying Complete Streets procedures to new and reconstruction projects already in the pipeline. Having a policy does not trigger a redirection of funds to retrofit projects aimed specifically at policy compliance. Complete Streets implementation calls for a comprehensive, clear and transparent planning and design processes that: Requires planners and designers to shift perspective and consider all transportation modes and all abilities at the beginning of a project. Engages all project stakeholders ea the design process. Assembles teams with member ave a working knowledge of needs and guidelines for each of the portation odes. Analyzes how to reasonably inte var ransportation modes and considers design trade -offs to best tiple transportation objectives. Are sensitive and responsive to the pr context. Uses flexible design standards. "One size fits all" desi n or design based on function oadway classification does not work f to Streets. Complete Streets design needs to be based on context an d. In certain stances low volume, rural roadways or low speed residential s ha mobiles, bicycles and pedestrians share the vehicle travel i asonable integration of their needs. It is beneficial to a sh a formalized Complete Streets process, as it provides a framework that hel tiate implementation of Complete Streets projects. Complete Streets imple ation will evolve after the agency gains some experience with initial proj Most agencies saw Complete Streets as an integral component of active living and smart growth planning efforts. Several agencies had established a stakeholder committee to review and make decisions regarding design exceptions, which they found to be beneficial. After implementing some initial Complete Streets projects, designing for Complete Streets is now considered standard practice by the agencies implementing them. The Complete Streets design process has resulted in improved coordination and communication between the various project stakeholders. Chapter 5 Complete Streets Legislative Report DRAFT Page 16 October 2009 Application of flexible design standards may be perceived as risky by agency attorneys and engineers, as they see the process opening the agency up to lawsuits or putting their professional licenses at risk. The interviewed agencies were not able to provide any benefit -cost data, but the interviews did highlight the following generalized findings: A comprehensive planning and design process that integrates Complete Streets principles into roadway improvement projects is more cost- effective than later retrofitting Complete Streets co ponents into roadways. One exception to this was restriping F ays. For urban projects with spatial constraints, t mary issue is not cost, but allocation of available space between nsportation modes and functions. There will likely be additional costs associated with i A enting Complete Streets, but interviewed agencies felt the en uct provided a better long -term value. While cost is always a consideration, it is not an excuse to no plement Complete Streets. Project planners and designers must balance and P J P 9 safely integrate the of the various modes within the space available in a cost efficient man Complete Streets Legislative Report DRAFT Chapter 5 October 2009 Page 17 This page was left intentionally blank. Chapter 5 Complete Streets Legislative Report DRAFT Page 18 October 2009 i Chapter 6: p Benefit, Cost, Feasibility and Funding A common concern with the implementation of Complete Streets is the expectation of additional costs and uncertainty of the value placed on Complete Streets by the public. As part of this study, benefit/cost data on Complete Streets practices was requested of several agencies nationwide that currently have policies as well as from the National Complete Streets Coalition. Although all of these agencies responded that no benefit/cost analysis was available, several informal cost- benefit calculations have been made by these jurisdictions, and they have found the benefits to outweigh the costs. Given the study's time and budget constraints, detailed benefit/cost analyses for various options were not developed. However a potential list of benefits and costs associated with Complete Streets was developed. Benefits Benefits may be discussed in qualitative ter they are cult to quantify and may be both short- and long -term benefits, such as th owi Safety reduction of conflict and encourage of more predictable interaction among motorists, bicyclists and pedestrians o es and abilities. Environmental less air and noise pollution. Maintenance le of roads by automobiles if significant mode shifts occur. Congestion atio transit and non motorized modes can reduce local congestion ode shi curs. Health inc d ph y ivity, potentially reduced pollution and reduction in healthcare cos Accessibility app l ate one -thir of the population cannot or does not drive a car; increased com ce with ADA policy will provide better access for people of all ages and abilities. External costs reductions orrelated with less costly modal choices. Economic activity and property values Social interactions related to quality of life In June 2009, the Center for Disease Control released a report titled Recommended Communitv Strateaies and Measurements to Prevent Obesity in the United States, which recommends the adoption of Complete Streets policy as a strategy for obesity prevention. Complete Streets Legislative Report DRAFT Chapter 6 October 2009 Page 19 Costs Potential additional costs could include: Purchase of additional right -of -way Increased travel time for motor vehicles Shifting of traffic to other routes in network Reduced emergency vehicle access Additional infrastructure to maintain and operate Costs for Complete Streets may be reduced by minor cha the planning and design processes, including: Shift in the planning and design approach a Complete St approach would integrate the needs of all user modes early on in the project d ment/ planning process, rather than trying to "fit them in to" the design on in the process. Be opportunistic for example, if a resurfacing or utility project is scheduled, seek out opportunities to in Complete Streets elements within the project. Keep the network vision in m w a project in relation to building an interconnected network of faci s fo des; work to eliminate barriers within the networks whenever reason Design to minimize operations an Hance I is for all corridor features. Establish a clear process for prioriti operations efforts that is understood by decision makers, users and maintena staff. Design incrementally implement Com to Streets as projects arise and a ne evelop over time. rofitting i tly and should be avoided or addressed as part of a strategic pital progra wever, in some cases, the benefits of a retrofit may outweigh costs). Us Itiple fu ources for one project. Feasibility In theory, Complet ets is not revolutionary; it is essentially practicing coordinated, thorough and timely planning and design. In 2006, Mn /DOT adopted a policy to use CSS on all projects to create excellence in transportation project development. One of the six key principles of Mn /DOT's approach is to "address all modes of travel." Adopting a Complete Streets policy would complement Mn /DOT's existing CSS policy and further reinforce its principles. In addition, Mn /DOT staff have been actively working on integrating ADA, CSS and flexibility in design and bicycle /pedestrian principles within the agency. Chapter 6 Complete Streets Legislative Report DRAFT Page 20 October 2009 As noted earlier, although there are some incremental additional costs associated with Complete Streets (right -of -way, bicycle lanes, etc.), they are often offset by the benefits (providing for all modes and users, health and environment). Based on these findings, Complete Streets in Minnesota is considered feasible on state, regional and local levels. Complete Streets cannot be looked upon as a prescriptive design or outcome; it is a process based on guiding principles. Planners, designers and local community representatives will need to coordinate in order to better understand the needs of different users of a corridor. Looking beyond the site and understanding existing and planned destinations in the area will be necessary to determin ign details needed to comply with a Complete Streets Policy. Two Minnesota agencies (Hennepin County and the Ci ester) have recently adopted Complete Streets resolutions, indicating that plet ets are feasible in Minnesota on a local level. Hennepin County Hennepin County's policy_ was approved unanimously on July 14, 2009, a e county is developing a methodology to conduct an inventory and assessment of its acilities. City of Rochester Though Rochester has had long- standing policies requiring the integration of pedestrian facilities into the transportation system, they have already experienced early success with their Complete Stree .H licy. Rochester anticipates that their Complete Streets Policy will have a stro on repaving, rehabilitation and reconstruction projects than on new constr So far, these age have re m d minimal change in their design approach, as evaluating user nee the ee of a project has been always standard practice. There are cu era agencies going through the policy development process. Funding Mn /DOT's 2006 policy requiring CSS on all Trunk Highways was a catalyst to having this design approach become the "standard." Most projects designed in the last few years have used CSS principles including strong public participation; this includes State Aid and local government projects. Unfortunately, implementation has been delayed by funding. As stated in the recently released Mn /DOT State Transportation Plan (August, 2009), there is a projected shortfall of $50 billion (transportation need versus projected budget) over the next 20 years. Reduced funding has caused agencies to delay transportation projects and initiatives. Complete Streets Legislative Report —DRAFT Chapter 6 October 2009 Page 21 The State of Minnesota transportation funding sources are funded through the collection of state and federal revenues including fuel, tire, motor vehicle sales, motor vehicle registration, truck/trailer sales and heavy vehicle use taxes. These funds are distributed through the Highway Users Tax Distribution Fund, which is set by constitution. Distribution of these funds are as follows: 62 percent goes to the Trunk Highway Fund 29 percent goes to County State Aid Highway Fund 9 percent goes to the Municipal State Aid Fund (cities with populations greater than 5,000) Various funding sources may be available to assist with funding Complete Streets. A general list of potential funding sources (although not complete) is provided below. Federal Aid Earmarks, high priority, special ms (e.g., Safe Routes to School) Metropolitan Planning Organi facilitate-,,, rograms Congestion Management and Air i Surface Transportation Program Transportation Enhancements Recreational Trails Program National ails Transi Fede ransit Administration State Tru hway pro m Partnering is available on Trunk Highway projects for alks/ q State Aid Rule rds alto ding /match (of federal funds) for trails /sidewalks /fan ening City /County funds (e.g., f 'vidual park and recreation departments) Other agencies (e.g., Depa ent of Natural Resources) Private donations Livable Communities Grant Capital Improvement Bonds Street Improvement Bonds Park dedication fees Stormwater funding Chapter 6 Complete Streets Legislative Report DRAFT Page 22 October 2009 Chapter 7: Implementation Strategies As of the publication of this report, 101 agencies in the nation have implemented some form of a Complete Streets policy, including 16 states. Lessons learned from agency interviews and information provided by the National Complete Street Coalition indicates that the best process to successfully implement a Complete Streets program is a sequential, phased approach: Establish the need for a Complete Streets policy. Develop a policy. Revise planning and design policies and manu co ent a Complete Streets policy. Implement in daily practice. Refine as necessary. The systematic provision of Complete Streets can be advanced using different types of policies, including resolutions, legi .#'on/ordinances, tax ordinance, executive order, internal policy, plan and manuals/ The policy developed may differ based on the type and size of the agency im a but general elements of a good policy include: Emphasize safety for drivers, bic d pe ns of all ages and abilities. Emphasize an interconnected netw of facilities for all modes. Provide practical and flexible design dards. Including guidance and support for iating from standards when z to vide broa ction that is general (not prescriptive and minimizes specifics). dress multiple sdictions (State, MPO, local). A balanc omplete St s policy can result when its development includes input and finals from a d spectrum of transportation stakeholders, including: Experts fr 1 1 es Elected offici Professional planners and designers All levels of government Complete Streets Legislative Report DRAFT Chapter 7 October 2009 Page 23 Agencies that have been successful in developing and implementing a Complete Streets ro ram have found that the process can take several ears, but results in an P 9 P Y end product that is useful and requires minimal modifications. An example is the State of Massachusetts, which is a recognized leader in the development of its Complete Streets program. A state law was enacted in the 1990s followed by the development of a new state design manual which includes a multi -modal Level of Service for intersections, along with many other enhancements. -€s �r Chapter 7 Complete Streets Legislative Report DRAFT Page 24 October 2009 Chapter 8: Conclusions and Recommendations Conclusions The meetings, discussions, presentations, interviews, research and synthesis included as part of this study lead to the identification of several key conclusions: Study Content The purpose of this study was not to develop a policy, but to identify the benefits, costs and feasibility of implementing a Complete Streets policy in Minnesota and provide recommendations relating to the implementation of a Complete Streets policy. Complete Streets does not mean "all mo all roads rather, the goal of Complete Streets should be to 1) deve alanced transportation system that integrates all modes via integrated planning' clusive of each mode of transportation (transit, freight, automo bicyc' nd pedestrians), and 2) inclusion of all transportation users of all and abilities. Implementation More than 100 agencies have implemented Com Streets policies in the United States, including 16 states. Complete Stree rt at the planning stage. Better and mutually supportive in ion o sportation and land use planning across all jurisdictio ecognize extremely important toward enabling and supporting lete str Implementation ocess .typically focuses on new construction /recorr tion. Howev opportunities exist to implement Complete Streets on existing f s (e.g. re- striping). APA/NCSC is in the pro of completing report on the best practices of Complete Streets, which wt a available in January 2010. Design There is an 'outcome' lag. Many of the Complete Streets concerns arose from past design practices that have been improved over the years. As projects are developed, CSS and Complete Streets principles are being driven by SAFETEA- LU and ADA. There is not a simple "one size fits all" design. Each project needs to be designed based on user needs and contextual factors. The policy should not be prescriptive and should allow flexibility in design. Minnesota's existing transportation planning and design guidelines require revisions to eliminate inconsistencies and integrate all modes of travel. A Complete Streets approach needs to recognize the difference between urban Complete Streets Legislative Report DRAFT Chapter 8 October 2009 Page 25 and rural settings. The main areas of potential conflict between current design practices and Complete Streets are lane width, speed, annual daily traffic, level of service and roadway classification. The Complete Streets design process does not focus on functional class. Consistent with CSS, the design process must consider all modes and community context, including development and land use plans. Developing a design exception review process is a recommended component of the Complete Streets process. Operations and Maintenance Involve maintenance and operations staff in the d cess to minimize long- term maintenance costs. Define snow removal priorities on sidewalks and ramps to ire a accessibility. Costs, Benefits and Feasibility Quantifiable benefit/cost analyses have not been performed for Com ete Streets implementation. The general consensus is that the benefits of Complete Streets offset the incremental costs Although there are potentiall emental additional costs associated with Complete Streets, they are oft ffs benefits. Therefore, Complete Streets are considered feasible he s nal and local levels. V Funding As stated in the recently released M T State Transoortation Plan (August, 2009), there is a projected shortfall of billion dollars (transportation need versus projected budget) over the next years. Reduced funding has caused a elay transportation projects and initiatives that, in turn, have caused Y in enting CSS. ere is not on ntral resource that agencies can use to get information about unding sour vailable. Fi funding ca difficult if the project needs do not align with funding requi nts. In ion, if an agency would like to use multiple funding sources on one ct, eframe the funding is available from each source may not align. Policy Elements Any Complete Streets Policy must strive to improve safety. According to the NCSC, an ideal policy has the following elements: A vision for how and why the community wants to complete its streets. Specifies that `all users' includes pedestrians, bicyclists and transit passengers of all ages and abilities as well as trucks, buses and automobiles. Chapter 8 Complete Streets Legislative Report DRAFT Page 26 October 2009 Street connectivity to create a comprehensive, integrated, connected network for all modes. Adoptable by all agencies to cover all roads. Applications for both new and retrofit projects, including design, planning, maintenance, and operations for the entire right of way. A clear procedure that requires high -level approval of exceptions. Best design standards while recognizing the need for flexibility in balancing user needs. Solutions will complement the context of the community. Performance standards with measurable outcomes. Specific next steps for implementation of t J licy. Additional elements identified by the study c ees may include: Adaptive lighting and maintenance im man nt (primarily snow, landscaping and lighting). Recommendations Being one of the first DOTs to adopt a policy requiring C CSS and with its new Strateaic Vision. Mn /DOT is already well positioned to sup innesota in a Complete Streets approach to tra on investment. In addition, Mn /DOT staff have been actively working on i i CSS and bicycle /pedestrian principles within the agency. Two loca cies (H epin County and the City of Rochester) in Minnesota have already ad their own olutions for Complete Streets, indicating that Complete Streets a hiev cal level. State agencies need to pared to a local agencies in developing their local Complete Streets approac ssist their specific project development needs. The study committee has iden several key recommendations: Mn /DOT should build on existing CSS practices and develop and implement a statewide Complete Streets policy using the following phased sequential approach: Establish need. Develop a policy. Reconcile differences in planning and design policies, guidelines and manuals. Implement. Review /measure /refine. Complete Streets Legislative Report DRAFT Chapter 8 October 2009 Page 27 Mn /DOT should review and revise conflicting information in Minnesota's design documents. Mn /DOT should further explore the feasibility of integrating Minnesota's existing planning and design manuals related to Complete Streets into one manual. Mn /DOT should integrate Complete Streets into Mn /DOT's new ScoDina Process model (see Appendix B). Mn /DOT should identify ways to assist local governments in developing and understanding funding sources and the constraints related to these sources. All agencies should develop an integrated transportation plan that addresses connectivity for all modes for all users of all ages and abilities. Mn /DOT will serve as a resource to assist to I agencies in developing their own Complete Streets Policies with the support /DOT's expertise in CSS, ADA, bicycle /pedestrian planning, design and g strategies. Mn /DOT State Aid should review the Aid vari ce process and make it more accessible and transparent. If a policy is developed it is very important that all olders be engaged to address the key issues listed above and within this report. Additional resources on Complete Streets are available in ndix F. Chapter 8 Complete Streets Legislative Report DRAFT Page 28 October 2009 f t Hennepin County Active Living Policy May 2009 Active Living is a way of life that Integrates physical activity into dally routines through activities such as biking, walking and/or taking transit Active Living Guiding Principles a. Physical activity improves health and quality of life in our communities b. Places should be designed to provide everyone regardless of age, gender, language, ethnicity, economic status or ability with a variety of opportunities for safe, convenient; and affordable physical activity ura a mixed uses compact designs, and a variety Development atterns should encourage p 9 c p 9 of transportation choices that link roads, transit, bicycling and walking d. Buildings and their landscapes should be designed with features that promote opportunities for active living and active transportation, including highly visible stairs, orientation to streets and sidewalks bicycle facilities, and transit stops at main building entries e. Transportation systems, including transit and trails, should provide safe, convenient, and affordable access to destinations such as housing, employment, schools, and community services Active Living Policies 1. Administration and Integration Policy Hennepin County is committed to being a leader in providing Active Living infrastructure and opportunities for people who live, work and recreate in the county. it is Hennepin County policy to support the integration of Active Living into projects, training, programs and services provided or contracted by the county through its capital and operating budgets. 2. Awareness and Education Policy Hennepin County realizes that Active Living will only become an integral part of people's lives with a comprehensive and ongoing outreach effort. Therefore the county will develop implement an Actnre Living a and im p awareness and education initiative. 3. Multimodal Transportation System integration Policy Hennepin County recognizes the numerous opportunities for Active Living that a well- planned transportation system can provide. Whenever possible, Hennepin County will integrate Active Living and Complete Streets elements into its transportation system. 4. Site and Building Policy Hennepin County recognizes that the location and design of buildings and public spaces influence Active Living. Hennepin County will strive to locate sites in areas that are linked to community destinations and accessible by all modes of transportation. Moreover, Hennepin County will integrate active living elements into the design of building infrastructure and interior spaces while continuing to ensure the safety and security of staff, customers and county property. 1 i E S. Employee Opportunity Policy Hennepin County recognizes that employees who practice Active Living help to contain healthcare, transportation, and other costs, in addition to preventing adverse health and environmental outcomes. it is Hennepin County policy to create and support Active Living opportunities for employees during the workday. 6. Integration into Vendor and Contractor Activities Policy Hennepin County can influence Active Living practices in the community through its contracts and permits. To ensure that all vendors and providers conducting business with Hennepin County address Active Living, the county will, where appropriate, integrate Active Living language into contracts and consulting agreements. i 7. Leadership and Management Accountability Policy i Hennepin County recognizes that leadership and management will play a significant role in the implementation and promotion of Active Living strategies. It is Hennepin County policy that leadership and management incorporate the county's Active Living principles in their departmental operations. L f i f E I t 2 By creating active living opportunities in Hennepin County, we are improving our residents' health, lowering insurance costs for businesses, creating economic opportunities, and improving the quality of life for all residents of our county. stvelivinj Hennepin County We Need Your Help! Lead Us Your Expertise g Increasing Physic �3 P Guide our strategic direction, shape public policy, and u implement improvements that promote physical activity. Activity Through 04 Seotroa�ectotxs Community Design. Build alliances and engage colleagues in your field. x Promote Active Living Endorse and promote awareness and education. Create More Demand Identify existing programs —and remove any barriers —in uw raising demand and creating infrastructure for physical activity. i Lure Actively! Be a role model by walking or biking to destinations. N For More Information www. activelivingcommunityvision .org> <www. activelivingbydesign. org> Vision: Hennepin Active, Fit, and Healthy Hennepin County Mission: Active Living Hennepin County Team Plan, provide, and promote active living Karen Nikolai: 612.348.8089 environments and opportunities for everyone Act veLlv/n Henne In Count J Y ctive Living Hennepin County is a partnership established to How Can Active Living Initiatives Promote create healthier communities. Supported by Blue Cross and Blue Shield of Minnesota, it promotes active living —a way Physical Activity in Your Community? of life that integrates physical activity into daily routines. Development Why Promote Active Living? Integrate a range of Improves health housing choices with businesses, transportation Decreases chronic disease s i,� '}`f options, and vibrant public Reduces medical and transportation spaces to enhance expenses community character, 1, Reduces pollution and improves air vitality, and quality of life. quality Builds safer, stronger communities Transportation Ensures quality of life Enhance our transportation system to safely accommodate all modes of Facts in Support of Active Living r- rµ transportation including bicycling, walking, driving, and transit. Development trends have led to increased traffic f congestion and made public transit, walking, and biking less safe and practical. In fact, 75% of trips under one mile are made by car. Parks Trails, and G reenways In 2005, 37% of Minnesota adults reported being Influence daily physical activity' Y� overweight, and 23% were obese. by providing pedestrian and t: Only 38% of Hennepin County adults and 50% of bicycle connections to key j sixth graders get recommended levels of moderate destinations, worksites, and physical activity each week. recreational facilities. Work Session Agenda Item No. 3 Taxation Comparisons What property tax comparison don't say What is the public demand /need for government service How is property taxation affected by non property tax source of income i.e. intergovernmental assistance, fees, assessments, transfers, grants, debt, donations etc. What is the quality of service What is the efficiency of service What is the effectiveness of service Choice of Cities Council Policy Nearby often referred to by citizens Why Per Capita Away to normalize comparison based on the theory that there is a fairly strong correlation between service demand and population size. Why Median Valued Home A way to normalize comparison based a theory that home value indicates ability to pay and taxes per median household averages the cost per household Alternative Comparisons not readily available Taxes per household Taxes as a share of personal income Residential taxes per household Industrial /Commercial Taxes per business And there are many other ways to compare Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 L� Pay Pay Pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita Brooklyn Center 30,330 19,982,183 13,568,972 52.372 658.83 447.38 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 809.54 424.26 Columbia Heights 18,137 13,355,599 9,075,425 56.888 736.37 500.38 Crystal 22,167 17,076,268 9,372,802 44.111 770.35 422.83 Fridley 26,422 27,701,940 10,120,162 32.233 1,048.44 383.02 Golden Valley 20,326 33,320,799 16,327,725 48.180 1,639.32 803.29 Maple Grove 59,932 85,563,400 29,561,631 33.816 1,427.67 493.25 Maplewood 36,717 42,544,252 16,670,046 35.302 1,158.71 454.01 Richfield 33,676 29,206,520 15,288,021 47.951 867.28 453.97 Robbinsdale 13,598 11,309,068 5,664,783 40.540 831.67 416.59 Roseville 34,345 46,322,408 14,300,000 27.544 1,348.74 416.36 Shoreview 26,036 31,423,644 9,005,000 27.597 1,206.93 345.87 White Bear Lake 24,679 25,747,815 4,666,000 16.519 1,043.31 189.07 Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 Pay Pay Pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita White Bear Lake 24,679 25,747,815 4,666,000 16.519 1,043.31 189.07 Roseville 34,345 46,322,408 14,300,000 27.544 1,348.74 416.36 Shoreview 26,036 31,423,644 9,005,000 27.597 1,206.93 345.87 Fridley 26,422 27,701,940 10,120,162 32.233 1,048.44 383.02 Maple Grove 59,932 85,563,400 29,561,631 33.816 1,427.67 493.25 Maplewood 36,717 42,544,252 16,670,046 35.302 1,158.71 454.01 Robbinsdale 13,598 11,309,068 5,664,783 40.540 831.67 416.59 Crystal 22,167 17,076,268 9,372,802 44.111 770.35 422.83 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 809.54 424.26 Richfield 33,676 29,206,520 15,288,021 47.951 867.28 453.97 Golden Valley 20,326 33,320,799 16,327,725 48.180 1,639.32 803.29 Brooklyn Center 30,330 19,982,183 13,568,972 52.372 658.83 447.38 Columbia Heights 18,137 13,355,599 9,075,425 56.888 736.37 500.38 3 Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 Pay Pay Pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita Brooklyn Center 30,330 19,982,183 13,568,972 52.372 658.83 447.38 Columbia Heights 18,137 13,355,599 9,075,425 56.888 736.37 500.38 Crystal 22,167 17,076,268 9,372,802 44.111 770.35 422.83 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 809.54 424.26 Robbinsdale 13,598 11,309,068 5,664,783 40.540 831.67 416.59 Richfield 33,676 29,206,520 15,288,021 47.951 867.28 453.97 White Bear Lake 24,679 25,747,815 4,666,000 16.519 1,043.31 189.07 Fridley 26,422 27,701,940 10,120,162 32.233 1,048.44 383.02 Maplewood 36,717 42,544,252 16,670,046 35.302 1,158.71 454.01 Shoreview 26,036 31,423,644 9,005,000 27.597 1,206.93 345.87 Roseville 34,345 46,322,408 14,300,000 27.544 1,348.74 416.36 Maple Grove 59,932 85,563,400 29,561,631 33.816 1,427.67 493.25 Golden Valley 20,326 33,320,799 16,327,725 48.180 1,639.32 803.29 i Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2O1O Pay Pay Pay Pay Pay 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy City Population Tax Capacity Levy Extension Rate Per Capita Per Capita White Bear Lake 24,679 25,747,815 4,666,000 16.519 1,043.31 189.07 Shoreview 26,036 31,423,644 9,005,000 27.597 1,206.93 345.87 Fridley 26,422 27,701,940 10,120,162 32.233 1,048.44 383.02 Roseville 34,345 46,322,408 14,300,000 27.544 1,348.74 416.36 Robbinsdale 13,598 11,309,068 5,664 40.540 831.67 416.59 Crystal 22,167 17,076,268 9,372,802 44.111 770.35 422.83 Brooklyn Park 75,156 60,841,677 31,885,808 44.325 809.54 424.26 Brooklyn Center 30,330 19,982,183 13,568,972 52.372 658.83 447.38 Richfield 33,676 29,206,520 15,288,021 47.951 867.28 453.97 Maplewood 36,717 42,544,252 16,670,046 35.302 1,158.71 454.01 Maple Grove 59,932 85,563,400 29,561,631 33.816 1,427.67 493.25 Columbia Heights 18,137 13,355,599 9,075,425 56.888 736.37 500.38 Golden Valley 20,326 33,320,799 16,327,725 48.180 1,639.32 803.29 Property Tax Comparison Data for Taxes Payable FY 2009 and Proposed Taxes Payable FY2010 Pay Pay Pay Pay Pay Pay Pay 2010 2008 2009 Taxable 2010 2010 2009 Tax Capaciity 2010 Levy 2010 City Tax Portion City Population Tax Capacity Levy Extension Rate Per Capita Per Capita Median Home Median V. Home White Bear Lake 24,679 25,747,815 4,666,000 16.519 1,043.31 189.07 $196,200 $324.10 Roseville 34,345 46,322,408 14,300,000 27.544 1,348.74 416.36 $223,900 $616.71 Fridley 26,422 27,701,940 10,120,162 32.233 1,048.44 383.02 $191,400 $616.94 Robbinsdale 13,598 11,309,068 5,664,783 40.540 831.67 416.59 $176,000 $713.50 Shoreview 26,036 31,423,644 9,005,000 27.597 1,206.93 345.87 $262,200 $723.59 Maplewood 36,717 42,544,252 16,670,046 35.302 1,158.71 454.01 $205,400 $725.10 Crystal 22,167 17,076,268 9,372,802 44.111 770.35 422.83 $173,000 $763.12 Brooklyn Center 30,330 19,982,183 13,568,972 52.372 658.83 447.38 $153,600 $804.43' Brooklyn Park 75,156 60,841,677 31,885,808 44.325 809.54 424.26 $198,300 $878.96 Maple Grove 59,932 85,563,400 29,561,631 33.816 1,427.67 493.25 $275,300 $930.95 Richfield 33,676 29,206,520 15,288,021 47.951 867.28 453.97 $195,000 $935.04 Columbia Heights 18,137 13,355,599 9,075,425 56.888 736.37 500.38 $177,800 $1,011.47 Golden Valley 20,326 33,320,799 16,327,725 48.180 1,639.32 803.29 $270,000 $1,300.86 exc. Mvt and credit City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 19, 2009 TO: City Council FROM: Curt Boganey, City Manad^ SUBJECT: Property Tax Comparison Data COUNCIL ACTION REQUIRED The property tax comparison data is presented as information only. This data will be presented at the worksession as a follow up to Council direction on during a joint budget worksession. BACKGROUND Data comparing taxation in several Cities of Minnesota is being collected and analyzed. The data will be presented at the worksession. COUNCIL POLICY ISSUES Does the data presented inform the policy judgments of the City Council? Is there a desire for additional tax comparison data? 6301 Shingle Creek Par way Recreation and Community Center Phone T DD Number Brooklyn Center MN 55430 -2199 763 y 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org