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HomeMy WebLinkAbout2011 01-10 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION January 10, 2011 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 ofAgenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adj ourn CITY COUNCIL MEETING City of Brooklyn Center January 10, 2011 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. Administer Ceremonial Oath of Office 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. December 13, 2010 — Study Session 2. December 13, 2010 — Regular Session b. Licenses C. Resolution Designating Official Newspaper d. Resolution Designating Depositories of City Funds CITY COUNCIL AGENDA -2- January 10, 2011 e. Resolution Appointing Brooklyn Center Representatives to Executive Committee and /or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North f. Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees g. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations h. Resolution Granting Corporate Authority for Transactions of Financial Business Matters i. Resolution Establishing the Interest Rate for 2011 Special Assessments j. Resolution Establishing 2011 Street and Storm Drainage Special Assessment Rates k. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2010 -11, 18 and 19, Contract 2010 -D, 2010 Trail, Parking Lot, and Sidewalk Improvements 1. Resolution Calling for a Public Hearing on Proposed Use of 2011 Urban Hennepin County Community Development Block Grant Funds M. Application and Permit for Temporary On -Sale Liquor License Submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held February 12, 2011 7. Presentations / Proclamations /Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Mark Yelich for His Dedicated Public Service as Council Member Requested Council Action: — Motion to adopt resolution. b. Proclamation Declaring February 4, 2011, to be Go Red for Women Day Requested Council Action: — Motion to adopt proclamation. C. Proclamation Declaring February 5, 2011, as City of Brooklyn Center Centennial Day Requested Council Action: — Motion to adopt proclamation. CITY COUNCIL AGENDA -3- January 10, 2011 8. Public Hearings None 9. Planning Commission Items None 10. Council Consideration Items a. Resolution of Support for the Twin Lakes Regional Trail Master Plan Requested Council Action: — Motion to adopt resolution. b. Select Presiding Officers — Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: —Council discuss and select presiding officers. C. Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: — Motion to adopt resolution. d. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativeNoting Delegates for Other Organizations for 2011 Requested Council Action: — Motion to ratify Mayoral appointments. e. Consideration of Type IV 6 -Month Provisional Rental License for 5903 Emerson Ave N Requested Council Action: Receive staff report. — Motion to open hearing. Receive testimony from applicant. — Motion to close hearing. Take action on rental license application and mitigation plan. f. Consideration of Type IV 6 -Month Provisional Rental License for 5640 Fremont Avenue N Requested Council Action: Receive staff report. — Motion to open hearing. Receive testimony from applicant. — Motion to close hearing. Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -4- January 10, 2011 g. Consideration of Type IV 6 -Month Provisional Rental License for 6116 Aldrich Avenue N Requested Council Action: Receive staff report. — Motion to open hearing. Receive testimony from applicant. — Motion to close hearing. Take action on rental license application and mitigation plan. h. Amend 2011 City Council Meeting Schedule Requested Council Action: — Motion to set date and time for a Special Work Session. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 -This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and the Public Hearing was continued at the May 10, 2010, meeting until such time as the Charter Commission makes its recommendation to the City Council. Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center This item was tabled at the May 10, 2010, meeting. AGENDA CTTYCOUNCIL/ECONOMIC DEVE OPMENT AUTHORITY WORK SESSION January 10, 2011 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. Twin Lake Regional Trail (TIRT) Alignment 2. Tax Increment Financing District No. 3 3. Sterling Square —John Roder PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Junk and Inoperable Vehicles Update —Back Yard Parking — January 2. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 3. Hwy 252 Update — February 4. Centennial Request - EBHC 5. Sister City Update 6. Strategic Outcome Reports 7. 2011 Brooklyn Center Celebration Update 8. Neighborhood Designations 9. Department Year End Reports 10. Active Living Program 11. Community Schools Update 12. Graduated Sanitary Utility Rate Study 13. Garbage Hauler Organized Collection Update 14. Housing Improvement Association Draft Procedures 15. Joint Meeting with Commissions EDA MEETING City of Brooklyn Center January 10, 2011 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. December 13, 2010 — Regular Session 4. Commission Consideration Items a. Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center Requested Commission Action: — Motion to adopt resolution. 5. Adjournment Brooklyn Center Open Forum, Reg�strat�on 'I Name C % V - Date:C l0 It j6a0 YwO Address P� Phone � ✓' © Subject �bc � � o`"r�'< v�5 Submit to Council Secretary prior to:6 45 pro Brooklyn Center Open Forum Reg�Stration Na�Un4 K �►-� Date f0 Add ress�dy� It t`"` `� Phone Subject �- Submit to Council Secretary prior to 6 45 p m = Cit y Council'Agenda No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 13, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Absent and excused was Councilmember Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested to revise Item 10h, Mayoral Appointment to Planning Commission, to add ratification to appoint Rachel Morey, 4501 Woodbine Lane, to the Planning Commission. The Council concurred with this requested addition. Councilmember Lasman requested the following correction to the Work Session minutes of November 22, 2010, page 5, paragraph 5, second sentence: " She noted that in previous years, with previous developers $15 million had been requested for the redevelopment of Brookdale, but only $2.9 million would have been received only after the developer had made the improvements, meeting the minimum requirements set forth by the Council. It was the majority consensus of the City Council to accept the convection the November 22, 2010, Work Session minutes. Councilmember Roche requested discussion on EDA Item 4b, Resolution Consenting to a Project to be Financed by the Hennepin County Housing and Redevelopment Authority, specifically related to the recommendation for use of TIF District #3 funds at $18.2 million for construction costs and $27.03 million for a total project cost. He asked if this project fulfills the purpose for which TIF was intended. City Manager Curt Boganey explained that because Brooklyn Center has its own HRA, City permission is required for the County to use its HRA funds within Brooklyn Center. He clarified that Brooklyn Center is not providing any financing • or taking on any obligations for this project. 12/13/10 -1- DRAFT • Councilmember Roche also asked what is "new market tax credit financing" and if it is costing the City any funds. Mr. Boganey explained it is a new federal tax statute that allows high income individuals to provide financing to a qualified project and receive a credit to reduce their income tax liability. Councilmember Roche requested discussion on Items 10a, Consideration of Type IV 6 -Month Provisional Rental License for 4307 66 Avenue N., and 10b, Consideration of Type IV 6- Month Provisional Rental License for 6407 Lee Avenue N., and asked if the ownership is the same with these two properties. Mr. Boganey advised that two different names are listed as owners on the application. MISCELLANEOUS Councilmember Lasman suggested a farewell reception for outgoing Councilmember Yelich. Council consensus was reached to schedule a farewell reception for Mark Yelich prior to the January 10, 2011, Council meeting and that a resolution of appreciation would be presented during the meeting. Councilmember Lasman asked staff to extend her thanks to the Police Department for its outstanding service this past weekend during an incident at her house. Mayor Willson announced the North Metro Mayors Board of Director's meeting on Wednesday, December 15, at 5 p.m. and extended the invitation for Members to attend. • Councilmember Roche announced that he sold his house and it is scheduled to close on December 29, 2010. He explained he will then rent his house back for six months so his children can finish the school year. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TWIN LAKE REGIONAL TRAIL MASTER PLAN Director of Business and Development Eitel introduced the item and explained this is part of the 2009 Cooperative Trail Agreement with a trail going from Robbinsdale through Brooklyn Center and extension to the Mississippi River Regional Corridor Trail on the City's eastern border. Ann Rexine, Three Rivers Park District Planner, provided a short presentation of the Twin Lakes Regional Trail Master Plan including the planning and approval processes. She displayed a map depicting the proposed trail alignment through Brooklyn Center and advised of the timeline to complete the Master Plan process and presentation to the Council on January 10, 2011, with the hope of garnering the Council's support in the form of a resolution. The final master plan would then be submitted to the Metropolitan Council in March of 2011. 12/13/10 -2- DRAFT Councilmember Roche drew attention to the trail alignment at Highway 100 and Brooklyn Boulevard in the location of a large apartment complex. He described this intersection as being a "narrow pinch point" near the freeway where residents also access the bus line. Ms. Rexine stated she will assure that concern is addressed in the transportation plan. Councilmember Ryan asked about the trail section proposed from Logan Avenue to Lyndale Avenue where there are two options, one to share right -of -way with 57 Avenue and the other to use the Excel right -of -way property. He asked about design mechanisms to mitigate issues, noting there is an objective to avoid conflicts between motor and trail uses. Ms. Rexine explained that the utility corridor provided a more scenic view experience for trail use but involved ten mid -block stop conditions. She stated they consider the number of stop conditions and put forward several cross sections which will address a safe off trail. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan 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 6:53 p.m. Motion passed unanimously. TWIN LAKE REGIONAL TRAIL MASTER PLAN — CONTINUED The discussion continued on the Twin Lakes Regional Trail Master Plan. Public Works Director /City Engineer Steve Lillehaug stated a draft report will be made available for Council review that includes mapping and an outline of advantages and disadvantages for trail alignments. Mayor Willson suggested information be provided on how to access maps hosted on the internet by the Three Rivers Park District. Ms. Rexine advised that the draft of the entire master plan will be distributed via PDF and sent to appropriate staff for distribution to the Council. Councilmember Roche asked if trails will be plowed into perpetuity and aesthetics maintained. Don DeVoe, Three Rivers Park District Director of Planning and Development, explained that the Park District does not maintain its 100+ miles of regional trails for winter use. However, if cities are interested in providing winter use, they can obtain a Park District permit to maintain trails during winter months. Mr. DeVoe stated the Park District would install and maintain trail signs, kiosks, benches, and traffic control in addition to the trail surface. The District's 12/13/10 -3- DRAFT . pavement management system addresses trail repairs, treating the worst case scenarios first, on a 20 -year cycle. Mayor Willson stated his understanding that staff had verified with the LMC that there would be no issues with liability should the City pull a District permit for winter maintenance. Mr. Boganey stated that is correct. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • 12/13/10 -4- 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 DECEMBER 13, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Absent and excused was Councilmember Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, thanked Public Works employees for their excellent plowing this past month and expressed her concern about delayed emergency response to the City's senior citizens if their driveway is not cleared of snow. Ms. Sannes offered to spearhead a grass roots effort to find volunteers to clear hydrants of snow to assure accessibility and asked staff to address graffiti. John Paul Roder, 1818 Bryant Avenue, Minneapolis, Sierra - Sterling Investments, LLC, Sierra Properties, Inc., Rapahar Properties, Inc., addressed the Council regarding his rental property located at Sterling Square Apartments (1400 And 1401 67` Avenues North and 6650 and 6700 Humboldt Avenues North). He provided an update on his effort to bring his rental property into Code compliance and stated the utilities and taxes on his rental property are current. He explained the rental is about 50 percent occupied, which is causing some operational issues, and asked the Council to reconsider its rental license revocation. City Manager Curt Boganey stated staff can provide a status on this property. Council consensus was reached to schedule Mr. Roder's rental license for discussion at its January 10, 2011, Work Session. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. 12/13/10 -1- DRAFT Motion passed unanimously. 2. INVOCATION Councilmember Lasman requested a moment of silence and personal reflection on the upcoming holiday season and City's centennial year. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:30 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, and Dan Ryan. Absent and excused was Councilmember Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended with the addition of a second Planning Commission appointee to Item No. 10h and amendments to the Work Session minutes of November 22, 2010, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 15, 2010 — Joint Work Session with Financial Commission 2. November 22, 2010 — Study Session 3. November 22, 2010 — Regular Session 4. November 22, 2010 — Work Session 5. November 29, 2010 — 2011 Budget Hearing 6b. LICENSES CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm 3245 Bass Lake Road 5040 Brooklyn Boulevard 12/13/10 -2- DRAFT • GASOLINE SERVICE STATION Awad Company 6501 Humboldt Avenue N. Brookdale Holiday 5710 Xerxes Avenue N. Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Holiday Stationstores, Inc. 420 66 Avenue N. Marathon 1505 69 Avenue N. Metropolitan Council 6845 Shingle Creek Parkway Perfect Car Wash #504 6849 Brooklyn Boulevard LIQUOR — CLASS A ON -SALE INTOXICATING AND SUNDAY Applebee's Neighborhood Grill & Bar 1400 Brooklyn Center LIQUOR — CLASS B ON -SALE INTOXICATING AND SUNDAY Crowne Plaza Minneapolis North 2200 Freeway Boulevard Embassy Suites 6300 Earle Brown Drive Oak City 2590 Freeway Boulevard LIQUOR — 2 A.M. CLOSING Oak City 2590 Freeway Boulevard LIQUOR — CLASS F ON -SALE INTOXICATING AND SUNDAY Flik International at Earle Brown Heritage Center 6155 Earle Brown Drive • LIQUOR — ON -SALE CLUB INTOXICATING AND SUNDAY Duoos Brothers American Legion Post 630 6110 Brooklyn Boulevard LIQUOR — ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR C 1 Buffet 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway LIQUOR — ON -SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course and Central Park 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIQUOR — OFF -SALE 3.2 PERCENT MALT LIQUOR Awad Company dba Winner 6501 Humboldt Avenue North Bassil Company dba Marathon 1505 69 Avenue North Cub Foods — Brookdale 3245 County Road 10 Sun Foods 6350 Brooklyn Boulevard SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57 Avenue North • Value Food 6804 Humboldt Avenue North 12/13/10 -3- DRAFT • MECHANICAL Commercial Plumbing & Heating 24428 Greenway Ave., Forest Lake Minnesota Valley HVAC 1026 Sunny Ridge Drive, Carver Neil Heating & A/C P.O. Box 29292, Minneapolis Sunburst Heating & A/C 1556 Oakwoods, Wayzata RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 5529 Aldrich Drive N. Betty Scully 5112 65 Avenue N. Michael Skrogstad 7012 Logan Avenue N. Neng Xiong 4612 Woodbine Lane Kenneth Jordan RENEWAL (TYPE III — one-year license) 2318 55t` Avenue N. Helen Osonowo 5650 Humboldt Avenue N. Syed Raza 5351 Irving Avenue N. Doug Wahl RENEWAL (TYPE II — two-year license) 5337 70 Circle Gary Bistodeau 7042 Emerson Avenue N. John Hicks 5310 Knox Avenue N. Doug Wahl • 6012 Kyle Avenue N. James Hager 5024 Lilac Drive N. Carlos Balibrera RENEWAL (TYPE I — three-year license) 5401 63 Avenue N. John Schwarz 5347 -49 Penn Avenue N. Karen Pelak 5101 Eleanor Lane Michael Potaczek 7131 Halifax Avenue N. Open Hands, Inc. 5730 June Avenue N. David Holt 5949 Xerxes Avenue N. Orrin Hager SIGNHANGER Boo Doo Signs, Inc. 29021 Feldspar Street, Princeton TOBACCO RELATED PRODUCT American Legion 630 6110 Brooklyn Boulevard Awad Company 6501 Humboldt Avenue N. Brookdale Holiday 5710 Xerxes Avenue N. Brooklyn Center Municipal 91 5625 Xerxes Avenue N. Brooklyn Center Municipal #2 6930 Brooklyn Boulevard CVS Pharmacy #1683 5801 Brooklyn Boulevard Holiday Stationstores, Inc. 420 — 66 Avenue N. Holiday Stationstores, Inc. 6890 Shingle Creek Parkway Marathon 1505 69 Avenue N. 12/13/10 -4- DRAFT Perfect Car Wash #504 6849 Brooklyn Boulevard Sun Foods 6350 Brooklyn Boulevard Value Food 6804 Humboldt Avenue N. Walgreen Company 6390 Brooklyn Boulevard 6e. RESOLUTION NO. 2010 -153 AUTHORIZING APPLICATION FOR A 2010 -2011 WINTER USE PERMIT FOR THE NORTH MISSISSIPPI, SHINGLE CREEK, AND TWIN LAKE REGIONAL TRAILS FROM THE THREE RIVERS PARK DISTRICT AND AUTHORIZING PERMIT APPLICATION IN SUBSEQUENT YEARS 6d. RESOLUTION NO. 2010 -154 PROVIDING LOCAL APPROVAL FOR A PROJECT TO BE FINANCED BY THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 6e. RESOLUTION NO. 2010 -155 CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.3 6f. RESOLUTION NO. 2010 -156 SETTING SALARIES FOR CALENDAR YEAR 2011 • 6g. 2011 CITY COUNCIL MEETING SCHEDULE Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -157 EXPRESSING RECOGNITION AND APPRECIATION OF CAROL KLEVEN FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read in full a resolution expressing the City's appreciation to Carol Kleven for her public service on the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -157 Expressing Recognition and Appreciation of Carol Kleven for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 8. PUBLIC HEARINGS • - None. 12/13/10 -5- DRAFT 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4307 66 TH AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that this property was inspected and 12 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to speak. . Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 4307 66 Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6407 LEE AVENUE NORTH Ms. Schleuning advised that this property was inspected and 13 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. 12/13/10 -6- DRAFT Motion passed unanimously. No one appeared to speak. Councilmember Roche moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6407 Lee Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5315 FREMONT AVENUE NORTH Ms. Schleuning introduced the item and advised that this property was inspected and ten property code violations were cited and ultimately corrected. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that . mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman referenced the applicant's letter indicating: "I also do not have time to attend the Crime Free Housing Program meeting." Ms. Schleuning clarified this is a requirement of the mitigation plan and the property owner is required to attend 50 percent of the meetings in the coming six months. Councilmember Lasman stated this training is an important piece in moving forward the City's licensing program. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Roche moved and Councilmember Lasman seconded to close the hearing. Councilmember Roche stated his support of the mitigation plan requirements, noting they were reasonable and would result in an improved rental property. Councilmember Ryan asked whether the inspection report gives a complete profile of all violations and all requirements of the mitigation plan were explained to the applicant. Mr. Boganey answered in the affirmative. 12/13/10 -7- DRAFT Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5315 Fremont Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Mayor Willson commented that staff had put a lot of work into the rental licensing process, which is working well to deal with rental properties issues and he was pleased to see owners are participating and taking it seriously, as does the Council. Motion passed unanimously. 10d. CONSIDERATION OF AN ON -SALE CLASS C INTOXICATING LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE FOR AMF EARLE BROWN LANES, 6440 JAMES CIRCLE NORTH Mr. Boganey introduced the item, discussed the history, and stated the hearing is to consider the issuance of a Class C Intoxicating Liquor License and Sunday Liquor License for AMF Earle Brown Lanes. He stated that per Council direction at its last meeting, staff met on November 30, 2010, with representatives from AMF Earle Brown Lanes, and City Attorney LeFevere drafted a resolution that stated findings of fact and identified specific orders should the Council determine to consider approval with conditions. He advised it would be reasonable to deny the requested liquor licenses because the applicant has not met the required food sales ratio; however, the Council has the discretion to consider approval with conditions. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Don Tuttle, District Manager of AMF, explained that prior management had reduced hours of the restaurant which resulted in reduced food sales. He stated they now have a new marketing plan and invested capital improvement money in the dining room to expand their customer base. Mr. Tuttle stated he took over in June of 2010 and had not been made aware of the ordinance requirement for food sale percentages. Mayor Willson stated that he generally follows the City's ordinances as written but understands there are extenuating circumstances in some cases. He asked Mr. Tuttle if he was comfortable with the six stipulations as contained in the draft resolution. Mr. Tuttle answered in the affirmative and indicated their attorney and corporate office had no objection. Mayor Willson referenced the last paragraph of the draft resolution indicating the applicant is advised and admonished that it is the applicant's responsibility to meet the requirements of this order and to meet the required percentage of revenues derived from the serving of food for consumption on the premises. He noted the Council will be apprised of the monthly reports. Mr. Tuttle stated he understands and they will monitor sales on a weekly basis. . 12/13/10 -8- DRAFT Councilmember Roche thanked Mr. Tuttle and Tim Duffy, General Manager of Earle Brown Lanes, for submitting their marketing plan and attending the meeting tonight. He noted this is the only bowling alley in Brooklyn Center and encouraged them to update the interior finishes in the restaurant. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2010 -158 MAKING FINDINGS OF FACT AND ORDER RELATING TO AMF EARLE BROWN LANES LIQUOR LICENSE Councilmember Lasman stated she wanted this business to succeed and have a restaurant in this area; however, the Council would need to see the performance outlined. It was noted the first report will be considered by the Council in February, 2011. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -158 Making Findings of Fact and Order Relating to AMF Earle Brown Lanes Liquor License. Mayor Willson stated there was no excuse for AMC not knowing about the requirements of the • ordinance, which has a long history in Brooklyn Center; however, the applicant had indicated there were mitigating circumstances. Motion passed unanimously. 10e. CONSIDERATION OF AN ON -SALE CLASS D INTOXICATING LIQUOR LICENSE, SUNDAY LIQUOR LICENSE, AND 2 A.M. LIQUOR LICENSE FOR MR. BBQ (FORMERLY MANGO TANGO ISLAND RESTAURANT & BAR), 2101 FREEWAY BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the hearing is to consider the issuance of a Class D Intoxicating Liquor License, Sunday Liquor License, and 2 A.M. Liquor License for Mr. BBQ, formerly Mango Tango Island Restaurant & Bar, 2101 Freeway Boulevard. He explained staff found the applicant was delinquent for property taxes and utilities and scheduled the hearing for tonight. Subsequent to the hearing being scheduled, payment was received for the unpaid and past due property taxes and utility charges. Thus, as of this date, the applicant is in full compliance with the ordinance. Mr. Boganey recommended if the Council wishes to consider approval, it be subject to the condition that payment checks have been received and funds deposited in the City's account no later than December 30, 2010. City Attorney LeFevere explained the applicant is not required to keep taxes current throughout the year but that a liquor license not be granted or renewed unless property taxes are current by year end. 12/13/10 -9- DRAFT Mayor Willson asked staff to update the Council if the first -half of property tax is missed. He . agreed with staff's recommended condition to assure sufficient funds prior to license issuance. Councilmember Roche stated his disappointment with this establishment and that he wanted to assure the property owner understands that the payment funds must be in the City's account by December 30, 2010. Mayor Willson stated he shares that concern. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the On -Sale Class D Intoxicating Liquor License, Sunday Liquor License, and 2 A.M. Liquor License for Mr. BBQ, formerly Mango Tango Island Restaurant & Bar, 2101 Freeway Boulevard, conditioned that all monies for taxes, license fees, and utilities are deposited in the City's and County's account no later than close of business on December 30, 2010. Motion passed unanimously. 10L CONSIDERATION OF 2011 BUDGET 1. RESOLUTION NO. 2010 -159 APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING AND REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2011 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -159 Approving Final Tax Capacity Levies for the General Fund and Housing & Redevelopment Authority and Market Value Tax Levy for the Debt Service Fund for Property Taxes payable in 2011. Motion passed unanimously. 2. RESOLUTION NO. 2010 -160 ESTABLISHING A FINAL PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF 12/13/10 -10- DRAFT • MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2011 Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -160 Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2011. Motion passed unanimously. 3. RESOLUTION NO. 2010 -161 ADOPTING THE 2011 GENERAL FUND BUDGET Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010-161 Adopting the 2011 General Fund Budget. Motion passed unanimously. 4. RESOLUTION NO. 2010 -162 ADOPTING THE 2011 SPECIAL REVENUE FUND BUDGETS • Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -162 Adopting the 2011 Special Revenue Fund Budgets. Motion passed unanimously. 5. RESOLUTION NO. 2010 -163 ADOPTING THE 2011 DEBT SERVICE FUND BUDGETS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010-163 Adopting the 2011 Debt Service Fund Budgets. Motion passed unanimously. 6. RESOLUTION NO. 2010 -164 ADOPTING THE 2011 CAPITAL PROJECT FUND BUDGETS Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010-164 Adopting the 2011 Capital Project Fund Budgets. Motion passed unanimously. 7. RESOLUTION NO. 2010 -165 ADOPTING THE 2011 ENTERPRISE FUND BUDGETS 12/13/10 -11- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010-165 Adopting the 2011 Enterprise Fund Budgets. Motion passed unanimously. 8. RESOLUTION NO. 2010 -166 ADOPTING THE 2011 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010-166 Adopting the 2011 Public Utility Fund Budgets. Motion passed unanimously. 9. RESOLUTION NO. 2010 -167 ADOPTING 'THE 2011 INTERNAL SERVICE FUND BUDGETS Councilmember Roche moved and Councilmember Ran seconded to approve RESOLUTION o e y pp NO. 2010-167 Adopting the 2011 Internal Service Fund Budgets. Motion passed unanimously. 10. RESOLUTION NO. 2010 -168 ADOPTING THE 2011 -2025 CAPITAL . IMPROVEMENT PROGRAM Mayor Willson noted the Council had met many times with the Financial Commission to discuss the City's 2011 budget. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -168 Adopting the 2011 -2025 Capital Improvement Program. Motion passed unanimously. Mr. Boganey thanked the City Council and Financial Commission for its work to develop a good budget for 2011. He also extended his appreciation to Director of Fiscal and Support Services Dan Jordet for his extraordinary effort to assist with the development of this budget and staff for an outstanding job. 10g. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Councilmember Ryan moved and Councilmember Roche seconded to ratify the Mayor's reappointments to Advisory Commissions as follows: Financial Commission Philip Berglin with term to expire December 31, 2013; Housing Commission Kathie Amdahl and Tracy Groves with terms to expire December 31, 2013; Park and Recreation Commission Gail Ebert, Muriel Lee, and Roger Peterson with terms to expire December 31, 2013; Planning Commission Sean Rahn, Kara Kuykendall, and Stan Leino with terms to expire December 31, 2012; and, Northwest Suburbs Cable Communications Commission : Allan Hancock with term to expire 12/13/10 -12- DRAFT December 31, 2011. Motion passed unanimously. 10h. MAYORAL APPOINTMENT TO PLANNING COMMISSION Councilmember Roche moved and Councilmember Lasman seconded to ratify the Mayor's appointments to the Planning Commission as follows: Stephen Schonning, 5515 Fremont Avenue North, with a term to expire on December 31, 2012; and, Rachel Morey, 4501 Woodbine Lane, with a term to expire on December 31, 2011. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • November 29, 2010, Council budget hearing with the Financial Commission that also provided an opportunity for public input • December 5, 2010, Holly Sunday celebration at the Community Center that was enjoyed by many families and children. She thanked the Lions for their hard work to make this event a success. • Brooklyn Center Taxpayer's Association Community Emergency Assistance Program • (CEAP) breakfast, which was a great event, and they will be meeting annually. Councilmember Lasman announced the upcoming February 5, 2011, Brooklyn Center 100th birthday parry and encouraged residents to make reservations by calling the Brooklyn Center Community Center. She reported that many events have been scheduled for 2011 and the birthday parry will be the kickoff event. Councilmember Roche stated 2010 is coming to a close and he believed that Brooklyn Center would be even better in the days ahead. He thanked the City's residents being part of making Brooklyn Center a great place to live, stay, and start. Councilmember Roche noted that the Brooklyn Center Taxpayer's Association will be folding and personally thanked the "old guard" for being instrumental in this community's success. Councilmember Ryan reported on his attendance at the following: • November 29, 2010, Council met in Chambers to receive the 2011 budget • December 4, 2010, seminar on public school funding presented by Parents United. He commented on the critical importance of adequate funding for public education to prepare Minnesota's young people and assure a high quality work force to ensure the future. • December 5, 2010, ISAIAH, a Twin Cities religious coalition held at the Minneapolis Civic Center that focused on the need to address poverty and absence of economic opportunity experienced by many. • December 5, 2010, Holly Sunday Christmas celebration, magic show, and pictures with Santa that drew a large number of families. 12/13/10 -13- DRAFT • • December 5, 2010, Lighting Ceremony of the Brooklyn Center Christmas Tree by Mayor Willson • December 10, 2010, annual ride along with new Police Patrolman Cody Turner, which was an instructive experience. Councilmember Ryan wished everyone a Merry Christmas and blessings of a more prosperous New Year in 2011. Mayor Willson reported on his attendance at the following: • Brooklyn Center Taxpayer's Association's annual CEAP breakfast where unwrapped gifts were donated. He advised this group will not be dissolved and will still meet on an annual basis. • December 5, 2010, Holly Sunday and lighting of the Brooklyn Center Christmas tree. He thanked Mr. Haney for assuring Santa made the trip to Brooklyn Center and City staff for their efforts. • December 5, 2010, ISAIAH Coalition, "10,000 Voices for One Minnesota" and address by Governor -Elect Mark Dayton Mayor Willson presented the letter from Osseo Superintendent Date Maguire advising of the upcoming votes by the Osseo School Board, Hennepin County Board, and CEAP Board on a development agreement and parameters for a Regional Family Services Center. Mr. Boganey reported on the extraordinary challenges faced by the City's Public Works employees this past weekend due to heavy snow fall, wind chills, and need to repair a water main break. He thanked them for handling those challenges while most others were in the comfort of their home. Mayor Willson concurred and stated it was reported that this was the fifth worse storm in Minnesota since 1941. He added his commendation to City staff for stepping up above and beyond. Mayor Willson stated that some know of his personal life and that early in his service as Mayor, he lost one of his children. He explained he had an extra vehicle because of that, which he kept for sentimental reasons, but this last Saturday it was donated to Cars for Courage in Brooklyn Center. Mayor Willson stated that was the appropriate place for this vehicle. He explained that he wanted to mention this and to remind residents during this holiday season to be supportive of those who are not as fortunate and commit a "random act of kindness." 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:42 p.m. Motion passed unanimously. 12/13/10 -14- DRAFT City Council Agenda Item No. 6b • COUNCIL ITEM MEMORANDUM DATE: January 4, 2011 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clergy SUBJECT: Licenses for City Council Approval u � Recommendation: It is recommended that the City Council consider approval of the following licenses at its January 10, 2011, 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. BOWLING ALLEY AMF Earle Brown Lanes 6440 James Cir N FIREWORKS — PERMANENT ANENT Big Lots 5930 Earle Brown Dr Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue N Qwest Communications 6540 Shingle Creek Pkwy Royalty & Sons, Inc. 6044 Brooklyn Blvd Two Rivers Investment Inc. 6840 Humboldt Ave N MECHANICAL Aaztec Heating & Air 9741 Humboldt Ave S, Bloomington Arctic Mechanical 5255 Edinburgh Way, Big Lake AspenAir Heating & Cooling 308 SW 15 Street, Forest Lake Bloomington Heating & Air 640 W 92 Street, Bloomington Fireplaces by Design 73066 235 Street, Dassel MacDonald Heating & Air 11848305 1h Avenue, Princeton Schnapp Plumbing & Heating 682 125 Lane NE, Blaine PUBLIC DANCE AMF Earle Brown Lanes 6440 James Cir N Oak City 2590 Freeway Blvd Mission. Ensuring an attractive, clean, safe conununitp that enhances the quality of life anal preserves the public trust COUNCIL ITEM MEMORANDUM RENTAL See attached report. SECONDHAND GOODS DEALER CD Warehouse 6072 Shingle Creek Parkway SIGN HANGER Boo Doo Signs 29021 Feldspar Street, Princeton TAXICAB Yohannes Bedecha 1145 50 Avenue, Columbia Heights TOBACCO RELATED PRODUCT Brookdale Foods Market Inc. 5808 Xerxes Ave N Cub Foods 3245 Co Rd 10 Musaab Inc. 6930 Brooklyn Blvd Oak City 2590 Freeway Blvd Royal Tobacco 5625 Xerxes Ave N Royalty & Sons, Inc. 6044 Brooklyn Blvd Two Rivers Investment Inc. 6840 Humboldt Ave N _Al'ission: Ensuring an attractive, clean, safe community that enhances the duality of life and preservers the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 . units x Gea' 05 ;,>utt xor' than Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 Type IV — 6 Months 1 -2 units Greater than 8 mom.. License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact p 3 4�.3 • 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 4`units : Greattet `b �dt xii�re khan 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 s Greater fix:; € a 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community- that enhances the quality of life and preserves the public trust i @ € r . "J I c� 1 :u Current Rental Standards >..... C �t $L.;,: 5 , „u '�` * .�, iv ,,,tea •?. .a „,,,a y `� -_. r e Ni .�) a �„d .ax 3613 54th Ave N Single Family Initial Konrad Wagner 4 II N/A II OK OK 5600 Lilac Dr N Passed w /Weather Deferral Single Family Initial Sue Xiong 2 II N/A II OK OK 6937 Morgan Ave N Single Family Initial Dao Yang 0 II N/A II OK OK 5025 Zenith Ave N Single Family Initial Van Cooley 0 11 N/A 14 OK OK 1300 67th Ave N 5 Bldg 74 10 Brookside Manor Apts 90 Units Renewal Anda Construction .82 /Unit II .11 /Unit II OK OK 1 Bldg 24 2 7018 Brooklyn Blvd 8 Units Renewal Nelia Schaff 3 /Unit III .25 /Unit III OK OK 6221 Shingle Creek Pkwy 1 Bldg 11 16 View Pointe at Shingle Creek 122 Units Renewal Amcon .09 /Unit I .13 /Unit I OK OK 5329 -33 Brooklyn Blvd Two Family (2) Renewal Tech Ung 0 1 0 1 OK OK 7 5347 -53 Brooklyn Blvd Two Family (2) Renewal Randall Cook 3.5 /Unit II 0 II OK OK 3813 61st Ave N Single Family Renewal Dhaneshwarie Himraj 0 1 0 1 OK OK 3125 65th Ave N Single Family Renewal Sa Xiong 0 1 0 1 OK OK 419 67th Ave N Single Family Renewal John Stalock 0 1 0 1 OK OK 6701 Bryant Ave N Single Family Renewal Tim Xiong 1 1 0 1 OK OK 6607 Drew Ave N Single Family Renewal Jeffrey Davis 0 1 0 1 OK OK 5550 Girard Ave N Single Family Renewal Restart, Inc. 4 II 0 II OK OK 5818 Humboldt Ave N Single Family Renewal Richard Olson 0 1 0 1 OK OK 7100 Kyle Ave N Single Family Renewal Michael Birchard 4 II 0 II OK OK 7007 Newton Ave N Passed w /Weather Deferral Single Family Renewal Ting Sui Zheng 4 II 0 II OK OK 3601 Woodbine La Single Family Renewal Christina Kline 0 1 0 I OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type I = 3 year Type 11 = 2 year Type III = 1 year Type IV = 6 mos City Council Agenda Item No. 6c • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 3, 2011 SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Newspapers has once again requested the City Council to designate Brooklyn Center Sun -Post to be the official • newspaper for 2011. Brooklyn Center Sun -Post meets all necessary requirements for designation. Attachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Budget Issues: The 2011 budget includes $7,000 for legal publications. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun -Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun -Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun -Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2011. • January 10, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. --l- P77�� December 2010 newspapers City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: 7 '?r`,- Ct'ok L`:�at:t .R.J".. IYi -P S'1 E .�.. iin re h non e e (* s � t o a si ."� iivv �..,,..:.�. - i �? ._.�..$...:�..��.... �.;.- :r,c;.�,.,,. ��«w :� �c n ! cons f.rP'€��:.,I..�. _ k - _"': � l£:�al`• ��,. -,�: r for the City of Brooklyn Center for the upcoming year. All published legal notices are posted on our website (www.minniocal.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun -Past is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. *he rate structure for legals effective the -first of the year will be: 1 column width: $11.44 per inch for first insertion $5.72 per inch for subsequent insertions There are 11 lines per inch, approximately 418 characters per inch Two notarized affidavits -- on - each of your publications will be provided with no additional charge. The Sun -Post is published every Thursday. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. .6- mailing the legal notices is an efficient and accurate way of getting the notices to us. The e -mail address for the legals department is sunle_qals @ acnpapers.com If you require more information to make your decision, please contact me or Jennifer McLemore, our L egarc „Representative, at 952 -302 -6829. Thank you for considering the Sinn -Post as the official r ewrspaper.for the:City of Brooklyn Center fc)r the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolman `vice P resident and Group Publisher 10917 VALLEY VIEW ROAD 0 EDEN PRAIRIE 0 MINNESOTA 55344 0 952 -829 -0797 0 F”. 952 -941 -3588 1 MINNESOTA STATUTES 2010 331A.01 • CHAPTER 331A QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS. 331A.07 AFFIDAVIT OF PUBLICATION. 331A.02 REQUIREMENTS FOR A QUALIFIED 331A.08 COMPUTATION OF TIME. NEWSPAPER. 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 331A.03 WHERE NOTICE PUBLISHED. 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL NEWSPAPER PUBLICATIONS. 331A.11 APPLICATION: 331A.05 FORM OF PUBLIC NOTICES. 331A.12 WEB SITE PUBLICATION OF LOCAL 331A.06 RATES FOR PUBLICATION. TRANSPORTATION RFP. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or • authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date; and (4) this subdivision contains no independent requirement for the publication of any public e notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota All Rights Reserved. 2 MINNESOTA STATUTES 2010 331A.02 • with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3 -7 • 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies • distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2010 331A.02 • (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals -class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph 0) through December 31 of that year; and 0) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers -_ that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 331 Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2010 331A.04 • Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; ISp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182 s 8 -11; 2009 c 152 s 5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six -month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2010 331A.05 • shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1) the newspaper is a qualified medium of official and legal publication; (2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4) the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1) all of the qualified newspapers in the political subdivision participate in the joint bid; (2) the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise Copyright to State of Minnesota. All Rights Reserved. opyng ©2010 by the Office of the Revisor of Statutes, S gh 6 MINNESOTA STATUTES 2010 331A.06 • disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular i statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15 -19; 2008 c 154 art 10 s 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2010 331A.09 Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with . all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331A.06. History: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. . Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 MINNESOTA STATUTES 2010 331A.12 number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 . 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 331A.11 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE PUBLICATION OF LOCAL TRANSPORTATION RFP. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2010 331A.12 • Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: 1 Sp2003 c 19 art 2 s 56 • • Copyright C 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Agenda Item No. 6d 1 • .� City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services j DATE: 4 January 2011 SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council adopt the attached resolution designating depositories for the 2010 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 118A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the . year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers /brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 118A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer /broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 118A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Changes in the resolution from 2010 to 2011 are: • Multi Bank Securities has been removed (Pleasant Hills, MI) • Sterne, Agee & Leach, Inc. has been added (Edina, MN) • Wells Fargo Advisors, the successor to Wachovia Securities, has been added (Minneapolis, MN) Financial Impact: There is no direct financial impact. its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW THEREFORE BE IT RESOLVED b y the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: . Federal Reserve Bank of Minneapolis Bremer Bank Wells Fargo Bank, N.A. TCF Bank Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Dain Rauscher Morgan Stanley Smith Barney Sterne, Agee & Leach, Inc Northland Securities UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available . through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by I RESOLUTION NO. the institution and approved by the City of not less than 110% of the value of the uninsured deposits. 3. That Wells Fargo Merchant Services is hereby designated as the clearinghouse for credit card transactions for City Hall, BC Liquor stores, Centerbrook golf course and the Earle Brown Heritage Center. 4. That Active Network is hereby designated as the clearinghouse depository for credit card transactions for the Community Activities, Recreation & Services Department. 5. Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 6. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. JanuM 10 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JrAw,-4'4� DATE: January 3, 2011 SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Five Cities Senior Transportation Project, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Hennepin Human Services Council, Northwest Suburbs Cable Communications Commission, i Pets Under Police Security, Project Peace, Twin Lakes Joint Powers Organization, and Visit Minneapolis North. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of The Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 2, of the joint powers agreement states that each party designates two individuals and one alternate to attend the organizational committee meetings, as well as two additional members, one from the City's police department and one from the City's parks and recreation department; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Five Cities Senior Transportation Project on June 18, 1985, and Section 2.2 of the joint powers agreement states that the governing body of a member appoints its City Manager as a member of the Executive Committee and one additional representative; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Hennepin Human Services Council on December 8, 1975, and Article IV, Section 3, of the joint powers agreement states that the governing body of a party appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Project PEACE on January 8, 1996, and Article III, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Visit Minneapolis North, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: The Brooklyn Bridge Alliance for Youth, Member Tim Willson The Brooklyn Bridge Alliance for Youth, Member Curt Boganey The Brooklyn Bridge Alliance for Youth, Alternate Member Dan Ryan The Brooklyn Bridge Alliance for Youth, Police Kevin Benner The Brooklyn Bridge Alliance for Youth, Parks and Recreation Jim Glasoe Five Cities Senior Transportation Project, Executive Committee Curt Boganey Five Cities Senior Transportation Project, Additional Representative Kathy Flesher Hennepin Recycling Group, Director Curt Boganey Hennepin Recycling Group, Alternate Director Jim Glasoe Local Government Information Systems (LOGIS), Director Curt Boganey Local Government Information Systems (LOGIS), Alternate Director Patty Hartwig North Metro Mayors Association, Director — City Manager Curt Boganey North Metro Mayors Association, Director Tim Willson Northwest Hennepin Human Services Council, Director Curt Boganey Northwest Hennepin Human Services Council, Alternate Director Vickie Schleuning Northwest Suburbs Cable Communications Commission, Council Tim Willson Northwest Suburbs Cable Communications Commission, Resident Allan Hancock Pets Under Police Security, Director Kevin Benner Pets Under Police Security, Alternate Director Tony Gruenig Project PEACE, Director Kevin Benner Project PEACE, Alternate Director Curt Boganey Twin Lakes Joint Powers Organization, Director Kevin Benner Twin Lakes Joint Powers Organization, Alternate Director Tony Gruenig Visit Minneapolis North Tim Willson RESOLUTION NO. i January 10. 2011 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. 6f • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 3, 2011 SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES • 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2011: Elected Municipal Official Tim Willson Elected or Appointed Municipal Official Dan Jordet Fire Chief Lee Gatlin • January 10, 2011 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. 6g • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JW&t q4� DATE: January 3, 2011 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing i to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one -third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish- American Heritage Month March 25 Greek Independence Day April 14 Pan American Day May Asian/Pacific American Heritage Month May Jewish American Heritage Month May 17 (Syttende Mai) Norwegian Constitution Day June 6 Swedish National Day September 15- October 15 Hispanic Heritage Month October 6 German- American Day November American Indian Heritage Month • • RESOLUTION NO. January 10, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City g Council Agenda Item No. 6h i 0 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services DATE: 4 January 2011 SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council adopt the attached resolution granting the City Manager and Director of Fiscal and Support Services the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate . board, in this case the City Council, authorizing specific officers of the corporation, in this case a municipal corporation, to transact financial business involving stocks, bonds, treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager and the Director of Fiscal and Support Service, who serves as the City Treasurer, as the officers authorized to transact such business. Financial Impact: There is no financial impact. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instrument in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager and Daniel Jordet, Director of Fiscal and Support Services are hereby authorized to sell, assign and endorse for transfer certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 10 2011 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. 6i COUNCIL ITEM MEMORANDUM • DATE: January 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Establishing the Interest Rate for 2011 Special Assessments Recommendation: Staff recommends that the City Council approve the attached Resolution Establishing the Interest Rate for 2011 Special Assessments at 6.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against properties based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council policy has been to establish the special assessment interest rate by calculating the general obligation bond adding two sum of the interest rate for the most recent g g g 2 �) p ercent to cover the overhead costs described above, and rounding to the nearest one -half percent in • accordance with the Interest Rate Policy. The most recent improvement bond sale by the City of Brooklyn Center was Series 2008B General Obligation Improvement Bonds at 3.87 percent, resulting in a special assessment interest rate of 6.0 percent for 2011. The 2011 rate is consistent with the 2010 rate, which was also 6.0 percent. Budget Issues: The proposed 6.0 percent interest rate would apply to special assessments levied in 2011. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 2. We will ensure the financial stability of the City Mission; Ensuring an uttra cline, dean, .srtfe community that enhances the quaNv of life and preserves the public trust its adoption:. Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2011 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one -half percent; and WHEREAS, the most recent General Obligation bond sale resulted in a net interest rate of 3.87 percent. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2011 is hereby established at 6.0 percent. January 10, 2011 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. 6j 0 • COUNCIL ITEM MEMORANDUM • DATE: January 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Establishing 2011 Street and Storm Drainage Special Assessment Rates Recommendation: Staff recommends that the City Council approve the attached Resolution Establishing the 2011 Street and Storm Drainage Special Assessment Rates for City street and utility improvement projects. Background: Each year the City Council establishes assessment rates for R1, R2, and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm drainage improvements is based on a unit amount that applies to all single family residential properties. The unit amount represents a specific portion of the average cost for reconstructing a typical residential street and storm drainage system. Street assessments for non - residential and R4 to R7 residential properties are computed separately for each project. . Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs. The City's Special Assessment Policy indicates that, "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index" (see Section II — 2.10.2.B. 1.a.2). The ENR Construction Cost Index has experienced an average 12 -month annual percent change of 2.4 (2006), 1.5 (2007), 5.3 (2008), 0.3 (2009), and 3.6 (2010). The Consumer Price Index has experienced an average 12 -month annual percent change of 2.4 (2006), 2.7 (2007), 3.7 (2008), -0.6 (2009), and 2.0 (2010, 11 month average). Based on the 2010 information above, staff recommends adjusting the special assessment rates by an increase of 3.6% for 2011, which will be an increase of $161 from the 2010 total assessment amount. This should continue to maintain the portion of street and storm drainage costs that are assessed at approximately 40 percent of the total cost for street and storm drainage improvements. The City Council has historically targeted 40 percent as the portion of street and storm drainage improvements that are assessed to adjoining R1, R2, and R3 residential properties. In future years, the special assessment rate may need to be increased by larger amounts closer to the current year ENR Construction Cost Index if local bid prices begin to increase at higher rates than past years. Budget Issues: Maintaining the 2010 special assessment rates for 2011 would result in an assessment amount of $3,559 for street improvements and $1,068 for storm drainage improvements. The total assessment amount would be $4,627 per R1 single family residential lot in 2011. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. Mission: Ensuri� _ r �s the public trust nrr an attractive, clean sae community that enhances the uality o life and prese vc � :, f J � f COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 2. We will ensure the financial stability of the City • f ssion. Ensuring an attractive, clean, safe cotnnumity that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2011 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rates for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the 2011 street and storm drainage assessment rates for RI, R2, and R3 zoned districts are based on a specific proportion of 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R4, R5, R6, and R7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in Rl, R2 or R3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two- family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2011, shall be as follows: Land Use 2011 Assessment Rates R1 zoned, used as one - family $3559.00 per lot (street) site that cannot be subdivided $1068.00 per lot (storm drainage) RESOLUTION NO. • Land Use 2011 Assessment Rates R2 zoned, or used as a two- family $47.4533 per front foot with a site that cannot be subdivided $3559.00 per lot minimum (street) $14.2400 per front foot with a $1068.00 per lot minimum (storm drainage) R3 zoned (per unit) Assessable frontayze x $47.4533 (street) Number of residential units Assessable frontage x $14.2400 (storm) Number of residential units 3. The residential assessment rates for street and storm drainage reconstruction shall not apply to R4, R5, R6 or R7 zoned districts. The assessment rates for street reconstruction for R4, R5, R6 or R7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. January 10, 2011 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. 6k COUNCIL ITEM MEMORANDUM DATE: January 5, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2010 -11, 18 and 19, Contract 2010 -D, 2010 Trail, Parking Lot and Sidewalk Improvements Recommendation: It is recommended that the City Council consider approval of the Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2010 -11, 18 and 19, Contract 2010 -D, 2010 Trail, Parking Lot and Sidewalk Improvements. Background: On September 27, 2010, the City Council awarded Contract 2010 -D to Barber Construction, Inc., of St. Bonifacius, Minnesota for the construction of the 2010 Trail, Parking Lot and Sidewalk Improvements Project. Barber Construction, Inc. has successfully completed the construction work and is requesting final payment for the project. Budget Issues: • The original contract amount for the 2010 Trail, Parking Lot and Sidewalk Improvements Project was $175,233.95. The total value of work certified for final payment is $191,005.55. The total project cost, including contingencies / administration /engineering/legal, is $207,415.13. The attached resolution provides a summary of costs and funding sources for the project. The increased costs for this project are due to the following main factors: 1. Administration/Legal /Engineering Fee — The original budgeted project amount was $175,400. Based on this preliminary estimate, the costs were originally broken down to include $167,100 construction costs with a very light Admin/Legal/Eng fee of only $6,100 (5 %). It was a very tight budget originally, and additional work was squeezed into this project, hoping to obtain very favorable construction costs that would maintain the budget. Between the period of budgeting and bidding the project, as indicated, additional needed work was included in this project (e.g. sidewalk work at the intersection of Shingle Creek Parkway and Summit Drive). The project was bid, and the low bid was $175,233.95. This amount was higher than the budgeted amount due to the added project work. In an effort to hold the line, the proposed Admin/Legal/Eng fee was held at $8,300 without doing a comprehensive evaluation and update of the current expended fees or the needed fees during the in- construction stage of the project. In actuality, the fees should have been increased to a more reasonable and traditional construction percentage at that time, somewhere closer to 10% of the construction cost. Additionally, there was no contingency included due to the tight budget. Eventually, the planned Admin/Legal/Eng fee was exceeded and resulted in a total amount of $16,409.58 ($3,242.35 for • professional consultant surveying services, $327.88 for legal fees and $12,839.35 for _Afission: Ensurin, an attractive, clean, safe comrnw itjF that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM engineering fees). In summary, there was an increase in the • engineering /administration/legal costs but in actuality resulted in only 8.6 percent of the total project cost, which is on the low end for typical project design and administration fees. Exceeding the original budgeted amount was mainly due to underestimating the true costs of Admin/Legal /Eng and not adjusting correctly through the project approval process in an effort to hold the line with the original budget. 2. Added Trail Construction — A small section of trail that was not originally planned to be replaced in Kylawn Park but was identified as needing rehabilitation during the construction stage and added during construction. 3. Added Sidewalk Construction — Sidewalk work at the intersection of Shingle Creek Parkway and Summit Drive was added to the project to accommodate the new accessible pedestrian signal system that is currently being installed. 4. Additional Turf Restoration Additional topsoil and turf restoration was needed to ensure proper turf establishment adjacent to the trails. Council Goals: Strategic: 1. We will ensure a safe and secure community 5. We will continue to maintain and upgrade City infrastructure improvements • • Hission: Ensuring an attractive, clears, safe cownunify that enhances the duality of life andpreserves the public trust adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2010 -11,18 AND 19, CONTRACT 2010 -D, 2010 TRAIL, PARKING LOT AND SIDEWAL K IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Barber Construction, Inc., of St. Bonifacius, Minnesota has completed the following improvement in accordance with said contract: Improvement Project Nos. 2010 -11, 18 and 19, Contract 2010 -D, 2010 Trail, Parking Lot and Sidewalk Improvements 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 Nos. 2010 -11, 18 and 19, Contract 2010 -D, 2010 Trail, Parking Lot and Sidewalk Improvements, • taking the contractor's receipt in full. The total amount to be paid for said improvements under said contract shall be $191,005.55 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Original Award As Final Trails $ 102,596.00 $ 120,470.20 Sidewalks $ 40,709.20 $ 41,054.60 Arboretum Parking Lot $ 24,720.00 $ 22,452.00 EBHC Sidewalks $ 7,208.75 $ 7,028.75 Subtotal Construction Cost $ 175,233.95 $ 191,005.55 Admin/Legal/Engr. $ 8,300.00 $ 16,409.58 Total Estimated Project Cost $ 183,533.95 $ 207,415.13 RESOLUTION NO. • REVENUES As Original Award As Final Capital Project Fund - Trails $ 107,455.49 $ 126,148.68 Capital Project Fund - Parking Lot $ 25,890.87 $ 24,432.74 Streets Operating Budget $ 37,637.40 $ 44,184.88 MSA Fund $ 5,000.00 $ 5,000.00 EBHC Capital Projects Fund $ 7,550.19 $ 7,648.83 Total Estimated Revenue $ 183,533.95 $ 207,415.13 January 10, 2011 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. 61 • COUNCIL ITEM MEMORANDUM DATE: January 4, 2011 TO: Curt Boganey, City Manager FROM: Tom Bublitz, EDA/HRA Specialist THROUGH: Gary Eitel, Business Development Director SUBJECT: Resolution Calling for a Public Hearing on Proposed Use of 2011 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider approval/adoption the Resolution Calling for a Public Hearing On Proposed Use Of 2011 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a public hearing for the City's annual Community Development Block Grant (CDBG) program. This public hearing is required for participation in the CDBG program. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum, Congress has not passed a Fiscal Year 2011 Omnibus Appropriations Bill. Hennepin County has directed cities to use 2010 CDBG allocation amounts for 2011 until such time as Congress takes action. Hennepin County has notified the City of Brooklyn Center that the City should use $203,588 as its preliminary estimate for its 2011 CDBG allocation. This is the amount allocated to the City in 2010. The federal authorizing statute for the CDBG program requires that each funded CBDG activity meet one of the three national objectives: benefiting low income persons, preventing or eliminating slums and /or blight and meeting urgent community needs. The federal statute stipulates that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and /or very low income persons. Each city must meet this requirement at the local level. The City's 2010 CDBG program funded the following five projects, which all met the requirement for benefiting low and/or very low income persons: Mission: Ensuring an attractive, clean, safe co"munity that enhances the quality of life andpreserves thepublic trust COUNCIL ITEM MEMORANDUM 1. Rehabilitation of Private Property This activity provides for rehabilitation and repair of single family homes of low and moderate income households. This activity has been part of the City's CDBG program since inception in the 1970's. The 2010 allocation was $24,241.17. 2. Household Outside Maintenance for the Elderly (H.O.M.E.) program This activity has been part of the CDBG program for 16 years. The H.O.M.E. program's focus is minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age and older. This program has also assisted with clean-up of garbage houses in the City. The 2010 allocation was $15,150. 3. Community Emergency Assistance Program, Inc. (LEAP) Senior Services Program The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and some interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for eleven years. The 2010 allocation was $9,410. 4. Neighborhood Revitalization Code Enforcement Activity This item is for code enforcement activities supporting the goal of arresting the • physical decline of certain income qualified areas of the city and focusing on vacant, foreclosed and deteriorated properties. The 2010 allocation was $151,001.83. 5. HOME Line Tenant Advocacy Services This activity focuses on three programs: a tenant hotline that provides free legal advice to tenants about landlord/tenant laws, a high school educational program, and an immigrant outreach program that provides services to new immigrants. The 2010 allocation was $3,785. ADMINISTRATIVE REQUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited to a 15 percent cap on public service projects. The CEAP, H.O.M.E. and HOME Line programs are categorized as public service projects. Based on the estimated allocation for 2011, continued funding of these programs at the 2011 preliminary allocation level of $203,588 would mean that the maximum dollar amount allocated to public service activities could not exceed $30,535 based on the preliminary allocation. PUBLIC HEARING AND HEARING NOTICE A resolution calling for a public hearing for the 2011 CDBG program is included with this memorandum. The required public hearing notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code • enforcement initiative at $150,000 and the remainder of funding for the City's Housing Rehabilitation program. The resolution prepared for City Council consideration and included Hission: Ensuring an attractive, clean, safe conenuunity that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • with this memorandum, establishes the date of February 14, 2011 as the public hearing date for the City's 2011 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2011 CDBG program must be submitted to Hennepin County by February 24, 2011. The public hearing notice does not commit the City to funding any specific CDBG activity at this time and the CDBG activities and dollar amounts allocated to them, can be revised at the public hearing on February 14, 2011, or at anytime within the 2011 CDBG program year upon conducting a public hearing to amend the City's CDBG program. Additional background information on 2011 CDBG requests for funding, along with staff recommendations, will be submitted with Council packets for the February 14th public hearing. Budget Issues: Since the Federal fiscal year for CDBG runs from July 2011 to July 2012, the 2011 CDBG program will be reflected in the 2012 Annual City Budget. The programming of the 2011 CDBG funds for code enforcement is consistent with the City's 2011 approved budget. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods i Alission: Ensuring an attractive, clean, safe cone ntnitp that enhances the duality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2011 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2011 Urban Hennepin County CDBG Program is $203,588; and WHEREAS, a public hearing regarding the proposed use of 2011 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. A public hearing on the proposed use of 2011 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 14, 2011, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2011 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 14, 2011. 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. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2011 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 14, 2011, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2011 Urban Hennepin County Community Development Block Grant Program planning allocation of $203,588. In addition, between July 1, 2011 to June 30, 2012, it is estimated that no additional program income from previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2010 Urban Hennepin County CDBG funds starting on or about July 1, 2011. Agfiyi Budget Neighborhood Public Service Projects $30,535 Neighborhood Revitalization Code $150,000 Enforcement Activity Rehabilitation of Private Property $23,053 For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763 -569 -3300 or the Hennepin County Housing Department at 612 - 348 -9260. The public hearing is being held pursuant to MS 471.59. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. s City Council Agenda Item No. 6m • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerkillaw 9013 DATE: January 5, 2011 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held February 12, 2011 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an event to be held February 12, 2011. Background: Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held February 12, 2011. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a i religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. i R OF CANA DINNER Minnesota Department of Public Safety�� s�•,° ALCOHOL AND GAMBLING ENFORCEMENT DIVISION r 444 Cedar Street Suite 222, St. Paul MN 55101 -5133 U . (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 *•% • WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER CHURCH OF ST ALPHONSUS 2/28/1959 ES 32045(MN) STREET ADDRESS CITY STATE ZIP CODE 7025 Halifax Ave No Brooklyn Center MN 55429 NAME OF PERSON MAKING APPLICATION BUSINES PHONE OME ��tt Fr, Patrftk J. Grile, C.Ss.R. ( 763)56 -5100 5P 100 DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION ,2 Z& CLUB CHARITABLE H FIT ORGANIZATION OFFICER'S NAME ADDRESS Fr. Patrick J. Grile, C.Ss.R. same as above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be` used. If an outdoor area, describe Parish C. SS . R . Hall • Will the applicant'contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. C. R6TgR icMbfU.*Il%?r l%9Wv If so, please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CIT COUNTY I DATE APPROVED CITY FEE AMOUNT �SI DD LICENSE DATES DATE FEE PAID D 1 _ SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk " DATE: January 3, 2011 SUBJECT: Resolution Expressing Recognition and Appreciation of Mark Yelich for His Dedicated Public Service as Council Member Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Mark Yelich for His Dedicated Public Service as Council Member. Background: Mark Yelich served as Council Member from January 1, 2007, through December 31, 2010. A resolution has been prepared to acknowledge his service. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARK YELICH FOR HIS DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Mark Yelich served as a member of the Brooklyn Center City Council from January 1, 2007, through December 31, 2010; and WHEREAS, his service to the City and his consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Mark Yelich is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the • leadership and service he has rendered and the benefits he has secured to the citizens of the City of Brooklyn Center. January 10, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 7b COUNCIL ITEM MEMORANDUM DATE: December 15, 2010 0 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: "Go Red" Proclamation Recommendation: It is recommended that the City Council consider approval /adoption of a proclamation naming February 4, 2011 as Go Red Day in Brooklyn Center. Background: Attached, please find a "Go Red" proclamation that has been brought forward by the Centennial Committee. The proclamation asks that February 4, 2011 be established as Go Red Day in Brooklyn Center. Every year cardiovascular disease claims the lives of nearly 500,000 American women. To dispel the myths and raise awareness of heart disease as the number one killer of women, the American Heart Association created Go Red for Women. Go Red is designed to not only educate women on the symptoms, but also physicians • The Go Red is an all -city effort to promote heart health for women. Go Red pins and materials will be available at the Community Center beginning in January 2011. On February 0', the entire Brooklyn Center community is asked to dress in support of Go Red. Budget Issues: There are no budget issues to consider. Council Goals: UAi ion En.wrin an attractive, cle all, afecornmunify thee/ enhances the quality of life and preserves the public trust PROCLAMATION DECLARING FEBRUARY 4 2011 TO BE GO RED FOR WOMEN DAY WHEREAS, Heart disease is the #1 killer of women over age 20 and one in three American women dies of heart disease; and WHEREAS, Diseases of the heart are the nation's leading cause of death and stroke is the third leading cause of death; and • WHEREAS, More women die of heart disease than the next four causes of death combined, including all forms of cancer; and WHEREAS, Cardiovascular disease claims the lives of over 430,000 American females each year, approximately one death per minute; and WHEREAS, Cardiovascular disease, including heart disease and stroke, claims the lives of 5,000 Minnesota women each year, or about 14 each day; and WHEREAS In 2010, the direct and indirect cost of cardiovascular diseases in the U.S., including stroke, is estimated at $503.2 billion; and WHEREAS, Ninety percent of women have one or more risk factors for developing heart disease. However, only one in five women consider cardiovascular disease their greatest health risk; and WHEREAS, The risk factors for heart disease are smoking, high blood pressure, high cholesterol, overweight /obesity, physical inactivity, diabetes, a family history of early heart disease, and age; and WHEREAS, Eighty percent of cardiac events in women may be prevented if they make the right choices for their hearts, involving diet, exercise and abstinence from smoking; and WHEREAS, February is designated as American Heart Month; and WHEREAS, Go Red For Women® is the American Heart Association's national call to increase awareness about heart disease- the leading cause of death for women -and to inspire women to take charge of their heart health to reduce that risk; and • WHEREAS, All women should learn their own personal risk for heart disease, using tools such as the American Heart Association's Go Red For Women® Heart Check up, Go Red For Women ® Better U and by talking to their healthcare provider; and WHEREAS, Keeping women healthy and promoting awareness of women's health issues, including heart health, is an important responsibility and depends on the actions of many organizations and groups in our community; and WHEREAS, Women's health remains a priority for families, communities, and government, and our commitment to keeping women healthy is stronger than ever; and WHEREAS, Minnesota women need to take action to make heart health a priority for themselves and their families, become aware of their heart disease risk, and take action to control their risk. NO W, THEREFORE, I, AS MA YOR OF THE CITY OF BROOKL YN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, recognize the importance of the ongoing fight against heart disease and stroke and do hereby proclaim Friday, February 4, 2011, to be Go Red for Women Day in Brooklyn Center, Minnesota. We urge all citizens, businesses, and organizations to show their support for women and the fight against heart disease by wearing Red and promoting Go Red initiatives throughout the city. By increasing awareness of the risk factors for this devastating disease and taking actions to reduce them, we can save thousands of lives each year. January 10, 2011 Date Mayor Council Members ATTEST. • City Clerk City g Council Agenda Item No. 7c i • COUNCIL ITEM MEMORANDUM DATE: December 15, 2010 TO: Curt Bo ane City Manager g Y� Y g FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: "City of Brooklyn Center Centennial Day" Proclamation Recommendation: It is recommended that the City Council consider approval /adoption of a proclamation naming February 5, 2011 as City of Brooklyn Center Centennial Day in the City of Brooklyn Center. Background: Attached, please find a "City of Brooklyn Center Centennial Day" proclamation that has been brought forward by the Centennial Committee. The proclamation asks that February 5, 2011 be established as City of Brooklyn Center Centennial Day in Brooklyn Center. The City of Brooklyn Center Centennial Celebration begins with the "PARTY OF THE CENTURY" on Saturday, February 5, 2011 at the Earle Brown Heritage Center. Since the "Millennium" celebration in the Year 2000, the community has gathered together on the first Saturday in February to commemorate our City's founding and to count down to the Big Event, the Centennial - Brooklyn Center's 100 Birthday! As the official kickoff to the Centennial Celebration, the committee is requesting that February 5, 2011 be proclaimed City of Brooklyn Center Centennial Day. Budget Issues: There are no budget issues to consider. Council Goals: i Wissionr l rzsrrrirps an attractive, elean, ,sa/L conunnnity that enhances the quali1v gf li /e cart!pri.sve rves the puhlic trust PROCLAMATION • DECLARING FEBRUARY S, 2011, AS CITY OF BROOKLYN CENTER CENTENNIAL DAY WHEREAS, the City Brooklyn Center is a first -ring suburb of Minneapolis located in the Northwestern part of Hennepin County, Minnesota; and WHEREAS, early foot trails, rivers, railroads, and finally highways brought travelers to Brooklyn Center, which was incorporated as a Village in 1911; and WHEREAS, on November 8, 1966, the voters approved a City Charter amendment and the village became a city; and WHEREAS, the community has emphasized growth, family values, and industry and balanced a small town character while promoting economic prosperity and growth; and WHEREAS, Brooklyn Center is the northern gateway to the Twin Cities and affords residents and visitors opportunities to live, shop, and work in a safe and growing community; and WHEREAS, Brooklyn Center has embraced a community of residents who are as diverse as the world and as committed to making their community successful and representative of the world we live in; and l befitting WHEREAS, A Great Place to Start.....A Great Place to Stay is truly a be f' g descri p tion of the City of Brooklyn Center as it celebrates its Centennial throughout 2011. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim February 5, 2011, as City of Brooklyn Center Centennial Day in Brooklyn Center, Minnesota, and urge all citizens to join in this special observance. January 10, 2011 Date Mayor Council Members ATTEST: City Clerk • i City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: January 5, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development A E ` - SUBJECT: RESOLUTION OF SUPPORT FOR THE TWIN LAKES REGIONAL TRAIL MASTER PLAN Recommendation: It is recommended that the City Council, following consideration of this matter approve /adopt a Resolution of Support for the Twin Lakes Regional Trail Master Plan. Background: At the December 13, 2010 Work Session, the Three River Regional Park District provided a power point presentation on the Draft Twin Lakes Regional Trail Master Plan. This presentation included an overview of the Park District's regional trail system, illustrated how the Twin Lakes and the Shingle Creek Regional Trails within the City of Brooklyn Center connect to this regional system, and reviewed the planning for a future connection of the Twin Lakes Regional Trail to the Mississippi River Regional Trail. Attached for your reference is a copy of the December 13 staff memorandum and work session minutes. On December 14, 2010, the Three River Park District provided this presentation to the Park and Recreation Commission, which unanimously moved to recommend that the City Council support the Twin Lakes Regional Trail Master Plan. Attached for your reference is a memorandum from Jim Glasoe, CARS Director, on the Commission's recommendation. Twin Lakes Regional Trail Master Plan This Master Plan involved a six month planning period during which the Cities of Brooklyn Center and Robbinsdale participated in several task force meetings to coordinate local community planning efforts with the overall master planning goals and development standards for this metropolitan regional trail system. The Master Plan includes both a review of the existing trail alignment from the Crystal Lake Regional Trail in Robbindale to its connection with the Shingle Creek Regional Trail in Brooklyn Center and the trail alternatives that would facilitate an extension/connection to the Mississippi River Regional Trail. Mission: L:nsuring an attractive, clean, safe communit} that enhances the tivaliti- of life antipreserves the public trust COUNCIL ITEM MEMORANDUM Information on these task force meetings and the two open houses that were held for public input and review of the alternative alignments for the extension of the Twin Lakes Trail to the • Mississippi River Regional Trail has been attached to this memorandum and is available at the following web site: http: / /www.threeriversparks .org/about/planning - and- construction/planning- projects /current- initiatives /twin- lakes.aspx A copy of the Draft Master Plan has been enclosed with this memorandum and is available in electronic format at the following web site: htti2s: / /backul2.filesanywhere com /fs /v aspx ?v= 896c62865c6274b0a598 Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OF SUPPORT FOR THE TWIN LAKES REGIONAL TRAIL MASTER PLAN WHEREAS, The City of Brooklyn Center recognizes Twin Lakes Regional Trail as an important component of the regional parks system that serves residents of the City and the region; and WHEREAS, The City of Brooklyn Center recognizes that Three Rivers Park District has gathered significant public input in the development of the master plan for Twin Lakes Regional Trail; and WHEREAS, The City of Brooklyn Center recognizes that Three Rivers Park District has drafted the Twin Lakes Regional Trail Master Plan; and WHEREAS, The City of Brooklyn Center supports the management and development of Twin Lakes Regional Trail pursuant to the Three Rivers Park District Master Plan; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center supports the Twin Lakes Regional Trail Master Plan and hereby recommends that Three Rivers Park District manage and develop the Regional Trail I within the conditions and guidelines delineated by the District's Board of Commissioners in the Master Plan. 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. MEMORANDUM DATE: December 15, 2010 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Parks and Recreation Commission Recommendation- Proposed Twin Lakes Regional Trail Master Plan At the Park and Recreation Commission meeting last evening, representatives from Three Rivers Park District were on hand to present information and answer questions relating to the proposed Twin Lakes Regional Trail Master Plan. Following he re g p sentation, review of the proposed plan, considerable discussion and careful consideration, the Park and Recreation Commission unanimously passed a motion recommending the City Council support the Twin Lakes Regional Trail Master Plan at such time it is brought to the Council for consideration. As always, please let me know if you have any questions regarding the recommendation or would like additional information. • Minutes of the December 13, 2010 City Council Work Session on the TWIN LAKE REGIONAL TRAIL MASTER PLAN Director of Business and Development Eitel introduced the item and explained this is part of the 2009 Cooperative Trail Agreement with a trail going from Robbinsdale through Brooklyn Center and extension to the Mississippi River Regional Corridor Trail on the City's eastern border. Ann Rexine, Three Rivers Park District Planner, provided a short presentation of the Twin Lakes Regional Trail Master Plan including the planning and approval processes. She displayed a map depicting the proposed trail alignment through Brooklyn Center and advised of the timeline to complete the Master Plan process and presentation to the Council on January 10, 2011, with the hope of garnering the Council's support in the form of a resolution. The final master plan would then be submitted to the Metropolitan Council in March of 2011. Councilmember Roche drew attention to the trail alignment at Highway 100 and Brooklyn Boulevard in the location of a large apartment complex. He described this intersection as being a "narrow pinch point" near the freeway where residents also access the bus line. Ms. Rexine stated she will assure that concern is addressed in the transportation plan. Councilmember Ryan asked about the trail section proposed from Logan Avenue to Lyndale Avenue where there are two options, one to share right -of -way with 57 Avenue and the other to • use the Excel right -of -way property. He asked about design mechanisms to mitigate issues, noting there is an objective to avoid conflicts between motor and trail uses. Ms. Rexine explained that the utility corridor provided a more scenic view experience for trail use but involved ten mid -block stop conditions. She stated they consider.the number of stop conditions and put forward several cross sections which will address a safe off trail. (At 6:45 PM the Council adjourned the study session to the informal open forum with the City Council, after which they reconvened the study session) The discussion continued on the Twin Lakes Regional Trail Master Plan. Public Works Director /City Engineer Steve Lillehaug stated a draft report will be made available for Council review that includes mapping and an outline of advantages and disadvantages for trail alignments. Mayor Willson suggested information be provided on how to access maps hosted on the internet by the Three Rivers Park District. Ms. Rexine advised that the draft of the entire master plan will be distributed via PDF and sent to appropriate staff for distribution to the Council. Councilmember Roche asked if trails will be plowed into perpetuity and aesthetics maintained. Don DeVoe, Three Rivers Park District Director of Planning and Development, explained that the Park District does not maintain its 100+ miles of regional trails for winter use. However, if cities are interested in providing winter use, they can obtain a Park District permit to maintain trails during winter months. Mr. DeVoe stated the Park District would install and maintain trail signs, kiosks, benches, and traffic control in addition to the trail surface. The District's pavement management system addresses trail repairs, treating the worst case scenarios first, on a 20 -year cycle. Mayor Willson stated his understanding that staff had verified with the LMC that there would be no issues with liability should the City pull a District permit for winter maintenance. Mr. Boganey stated that is correct. • i Three Rivers Park District: Twin Lakes Page 1 of 2 Planning and Construction Current Initiatives View the full list of the Park District's Current Initiatives. Twin Lakes Regional Trail Master Plan The Park District is working on the development of the Twin Lakes Regional Trail Master Plan. When completed, the Twin Lakes Regional Trail will include the entire trail length (approximately 4.5 miles) from the Crystal Lake Regional Trail in Robbinsdale through Brooklyn Center, connecting to the Shingle Creek Regional trail and terminating at North Mississippi Regional Park. Segments of this trail vary from constructed, under construction or in planning stages. The trail traverses fully developed communities, providing local and regional residents with access to downtown Robbinsdale, the Brookdale shopping area, Brooklyn Center City Hall, Hennepin County Library (via the Shingle Creek Regional Trail), a local elementary school and North Mississippi Regional Park. View the project description and conceptual map. The Park District anticipates a six -month planning process for the Twin Lakes Regional Trail Master Plan beginning in July 2010. Task Force Meeting Information The Twin Lakes Regional Trail Task Force is comprised of; Cities of Minneapolis, Robbinsdale, Brooklyn Center, Hennepin County Regional Rail Authority, Hennepin County Department of Transportation, Hennepin County (HCWT) — Development, Minnesota Department of Transportation (Mn /DOT) and Minneapolis Park and Recreation Board. • The responsibilities of the task force include: • Coordination with respective governing bodes (City Councils, Planning Commissions, Park Commissions and other staff /departments within the respective city/agency. • Assist in implementing public participation opportunities. • Provide information and support necessary to identify feasible trail alignments and review /complete the trail master plan which meets Park District, city and other applicable agency goals. • Assist Park District in local municipality/agency approval processes. (All files are PDFs) July 20, 2010 Presentation ( Agenda I Minutes August 26, 2010 Agenda I Minutes October 7, 2010 Agenda I Minutes December 9, 2010 upcoming Open House Information (All files are PDFs) Open House #1 September 16, 2010 3:30 -6:30 PM Brookdale — Hennepin Library 6125 Shingle Creek Parkway http: / /www.threeriversparks.org/ about /planning- and- construction/planning -proje is /current -... 1/5/2011 Three Rivers Park District : Twin Lakes Page 2 of 2 Brooklyn Center, MN 55430 View Presentation and Survey Form Open House #2 • November 9, 2010 4:00 -6:00 PM Brockdale — Hennepin Library 6125 Shingle Creek Parkway Brooklyn Center, MN 55430 View Presentation Boards: 112 1314 15 and Survey Form Frequently Asked Questions Have questions that still aren't answered? Review the frequently asked questions and answers. (Last updated Sept. 2010) Comments? Offer your comments through one of the following options. Write Us Three Rivers Park District Attn. Twin Lakes Regional Trail 3000 Xenium Lane Plymouth, MN 55441 E -mail Us To send comments via e-mail contact TwinLakesTrail @threeriversparkdistrictorg The Park District's goal is to make it possible for everyone, including persons with disabilities, to take advantage of niwRivers the Park District and its offerings. For information about the most accessible areas or facilities, call 763.559.9000 MAK VISM= or 763.559.6719 (TTYITDD) weekdays. hq: / /www.threeriversparks.org / about /planning- and- construction/planning- projects /current -... 1/5/2011 COUNCIL ITEM MEMORANDUM DATE: December 8 2010 TO: Curt Boganey, City Manager ;3 FROM: Gary Eitel, Director of Business and Development SUBJECT: Twin Lakes Regional Trail Master Plan Recommendation: It is recommended that following the presentation by Three River Park District that the City Council consider providing direction to the Park and Recreation Board and Staff regarding the Twin Lakes Regional Trail Master Plan. Background: On August 24, 2009, the City Council adopted Resolution No. 2009 -105, A Resolution Authorizing the Execution of a Cooperative Trailway Agreement Between Three Rivers Park District and the City of Brooklyn Center. This agreement provided for the following: = That the City convey a continuous and contiguous trail easement to the Park District, That the Three River Park District assume the responsibility for the operation and maintenance of an existing city trail corridor along Shingle Creek that will be designated the Shingle Creek Regional Trail located within the City, That the Three River Park District assume the responsibility for the operation and maintenance of an existing city trail corridor from Twin Lake Park to Xerxes Avenue North that will be designated as the Twin Lakes Regional Trail located within the City, That the Park District assume the responsibility for the construction, operation, and maintenance of an extension of the Twin Lakes Regional Trail Extension from Xerxes Ave. North east to the Mississippi along a route to be determined jointly by the City and the Park District. That the Park District and City desire to cooperate to design, construct, reconstruct, operate, and maintain a regional trail network located in the City, employing their own powers and the powers granted by Minn. Stat. 471.59. Attached is a copy of this resolution. Twin Lakes Regional Trail Master Plan The Twin Lakes Regional Trail will connect the Crystal Lake Regional Trail in Robbinsdale through Brooklyn Center, connecting to the Shingle Creek Regional Trail and terminating at North Mississippi Regional Park. When completed, the trail length will be approximately 4.4 miles, providing local and regional residents with access to downtown Robbinsdale, Brooklyn Center's central commerce area, the Brooklyn Center City Hall and Hennepin County Library Mission: Ensuring an attractive, clean, safe cominuniry that enhances the Rualit. of life and preserves the public trust COUNCIL ITEM MEMORANDUM (via the Shingle Creek Regional Trail), the Northport Elementary School, and the North • Mississippi Regional Park. The Three River Park District will be present at the December 13 Council work session to provide a presentation of the Trail Plan and the preferred option of using the 57 Ave. right of way corridor as the connecting link for the extension of the Twin Lakes Regional Trail to the Mississippi Regional Park and Trailway. The presentation is also planned for the December 14' Park and Recreation Board Meeting, with a final presentation for City approval tentatively scheduled for the January 10, 2011 City Council Meeting. A copy of the draft Master Plan is on the Three Rivers Park District's project website at http: / /www.threerivers arks.or about/planning and- construction /planning - projects /current - initiatives /twin- lakes.asnx Budget Items: There are no budget issues to consider. Council Goals: Strategic: • 5. We will continue to maintain and upgrade City infrastructure improvements. Mission: Ensuring an attractive, clean, safe cornntunity that enhances the quality of life and preserves the public trust f i Member Mark Yelich introduced the following resolution and moved its adoption: RESOLUTION NO. 2009 -105 RESOLUTION AUTHORIZING THE EXECUTION OF A TRAIL AGREEMENT BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") has requested that Three Rivers Park District ( "Park District ") assume responsibility for the operation and maintenance of an existing city trail corridor along Shingle Creek that will be designated as the Shingle Creek Regional Trail located within the City; and WHEREAS, the City has requested that Park District assume responsibility for the operation and maintenance of an existing city trail corridor from Twin Lake Park to Xerxes Avenue North that will be designated as the Twin Lakes Regional Trail located within the City; and WHEREAS, the City has requested that Park District assume responsibility for the construction, operation and maintenance of an extension of the Twin Lakes Regional Trail Extension from Xerxes Avenue North east to the Mississippi along a route to be determined jointly by the City and the Park District;. and • WHEREAS, the Park District and City desire to cooperate to design, construct, reconstruct, operate and maintain a regional trail network located in the City employing their own powers and the powers granted by Minn. Stat. §471.59. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the attached Trailway Cooperative Agreement in the name of the City of Brooklyn Center. ti August 24, 2009 Date Mayor I ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; i whereupon said resolution was declared duly passed -and adopted. City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager V FROM: Sharon Knutson, City Clerk `t DATE: January 4, 2010 SUBJECT: Select Presiding Officers — Mayor Pro Tem and Acting Mayor Pro Tem Recommendation: Mayor Willson requests that the City Council ratify the nomination of Kay Lasman as Mayor/President Pro Tem. Dan Ryan would serve as Acting Mayor/President Pro Tem. Background: Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tem who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. • City Council Resolution No. 92 -262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. • Kay Lasman (elected November 5, 1996) • Dan Ryan (elected November 7, 2006, with 4,753 votes) • Mark Yelich (elected November 7, 2006, with 3,743 votes) • Tim Roche (elected November 4, 2008, with 5,627 votes) Attachments: City Charter Section 2.06 City Council Resolution No. 92 -262 Budget Issues: There are no budget issues to consider. • b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable,questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process,the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote,which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s)shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter,the ordinances of the City,and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes,by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the.City government and shall report to the Council any neglect,dereliction of duty,or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92-262 7(37 IV RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2 .06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM Curt Bo ane City Manager TO • C g y, y g FROM: Sharon Knutson, City Clerk °�(Y1/ - 2� k DATE: January 3, 2011 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: There are no budget issues to consider. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and • WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. • RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re- adoption on the agenda for the first meeting of the City Council each January hereafter, as • information and reminder of Council/Manager responsibilities. January 10, 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jw-' DATE: January 3, 2011 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativesNoting Delegates for Other Organizations for 2011 Recommendation: Mayor Willson e- mailed requesting that the City Council ratify the following appointments for 2011: Commission/Organization Council Member Financial Commission Tim Roche Housing Commission Carol Kleven Park and Recreation Commission Dan Ryan Crime Prevention Program Kay Lasman Brooklyn Center Special Events Committee Kay Lasman; Tim Willson — Alternate Earle Brown Days Committee Dan Ryan; Tim Willson — Alternate North Hennepin Area Chamber of Commerce Carol Kleven Metro Cities Tim Willson; Dan Ryan — Alternate League of Minnesota Cities Tim Willson; Tim Roche — Alternate Background: At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates /alternates for boards, committees, or organizations in which the City participates. In 2010, Council Members were appointed as follows: Commission/Organization Council Member Financial Commission Dan Ryan Housing Commission Tim Roche Park and Recreation Commission Mark Yelich Crime Prevention Program Kay Lasman Brooklyn Center Special Events Committee Kay Lasman; Tim Willson — Alternate Earle Brown Days Committee Tim Willson; Dan Ryan — Alternate North Hennepin Area Chamber of Commerce Mark Yelich Metro Cities Tim Willson; Mark Yelich — Alternate League of Minnesota Cities Dan Ryan; Tim Roche — Alternate Budget Issues: There are no budget issues to consider. City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: January 10, 2011 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 5903 Emerson Ave N, Brooklyn Center, MN Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 5903 Emerson Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license, based on twenty -two property code violations found during the initial rental license inspection and one validated police incidents /nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of • the Crime Free Housing Program, as well as other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06 -16 -10 Chai Lee applied for renewal of the rental dwelling license for 5903 Emerson Ave N, a single - family residential property. 07 -12 -10 Initial rental inspection conducted (Twenty -two orders cited, see attached rental criteria). 08 -31 -10 Second rental inspection failed. 09 -24 -10 Third rental inspection failed. 11 -04 -10 Fourth inspection passed. 09 -24 -10 One (auto theft report) validated police incident/nuisance calls occurred in the past 12 months. 11 -17 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 12 -30 -10 Mitigation Plan finalized. r Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, a new rental license will be required. Because of the extended time frame required for completing the inspection approval process, the license process will begin immediately • following license approval. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chanter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 90 L 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and • regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM month, the licensee shall mail or deliver to the City Manager a written report describing i all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted b City Council 03 -08 -10 g rY Y P Y tY 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The, licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even i if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units ; Greater than 0.75 but not more than 1.5 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized • as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units 0- 0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than 1` 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than l 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust COUNCIL ITEM MEMORANDUM • Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Phone. 763 -569 -3300 6301 Shingle Creek Parkway 77YIVoice 711 Brooklyn Center, MN 55430 - 2199 Fax. 763 - 569 - 3494 www.ci"tb,rooklyncenter.org ffmooffmi W-',' 4m& Rental License Mitigation Plan (Type IV License) Handw!ut "laps will not be accepted. Please type or use fillab .1 City website. t "v ;,. , : Bann u a � a, nu Mkti�i The above referenced property qualifies for a Type N Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identi ssible solutions to improve the overall conditions of the pro perty. I , MAIN i Submit the following documents with the Mitigation Plan for approval: Q 1. Crime Free Housing Program Training Certificate • 1✓ 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum F713. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) 5. Submit written report by 10 of each month (after license approval). Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 08/11/2009 Date Course Scheduled: Phase II 0 ✓ Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: 12/08/2010 Irn rovements to be com leted b : 12/16/2010 Page 1 Type IV Mitigation Plan 9 -10 Phase III E I will attend a minimum of 50% of the ARM meetings (four). ✓ I will attend the ARM meetings scheduled for: 01/131201 & 03110/2011 05/1212011 & 07/14/2011 I will have no repeat code violations previously documented within the past year. For properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Future 7DateLast Replaced Replacement Date Fumace /AC 10/01/2007 Water Heater 07/01/2008 Kitchen Appliances 03/01/2008 Laundry Appliances Exterior - Paint/Siding 0910112010 - Windows o9/01/2010 -Roof 03/01/2000 -Fence -Shed • - Garage 09/0112010 - Driveway oa/olrzcoo - Sidewalks 0110111998 Smoke Alarms & Carbon Monoxide Alarms 09/01/2010 Other: .- Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Check in with tenants every 30 days. Q Drive by property to check for violations twice a month. 0 Evict tenants in violation of the lease and all addendums. 0 Provide lawn/snow service. 0 Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service company: Other: Page 2 Type IV Mitigation Plan 9 -10 • If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result Owner or Agent gignature n Date Additional Owner or Agent Signature / Title Date (If applicable) Police Department / Title atL e� a .o ' v /, — )Z 7, /� • B g & Community Standards Department / Title Date Page 3 Type N Mitigation Plan 9 -10 • City Council Agenda Item No. 10f COUNCIL ITEM MEMORANDUM DATE: January 10, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 5640 Fremont Avenue N, Brooklyn Center, MN Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 5640 Fremont Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a renewal rental license. This property qualifies for a Type IV provisional rental license based on sixteen property code violations found during the initial rental license inspection and zero validated police incidents /nuisance calls for the past 12 months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the i Crime Free Housing Program, as well as other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07 -09 -10 Douglas Allen Wahl applied for renewal of the rental dwelling license for 5640 Fremont Avenue North, a single - family residential property. 07 -29 -10 Initial rental inspection conducted (Sixteen orders cited, see attached rental criteria). 09 -17 -10 Second rental inspection passed. 09 -17 -10 Zero validated police incident/nuisance calls occurred in the past 12 months. 10 -04 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 11 -05 -10 Letter sent to owner notifying past due on additional requirements of Type IV 6- Month Provisional Rental License (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 12 -27 -10 Mitigation Plan finalized Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license will be required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type 1, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all • phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or, the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. • a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized • as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than l 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves thepublic trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • City of Brooklyn Center Phone: 763 -569 -3300 6301 Shingle Creek Parkway ==Voice 711 Brooklyn Center, MN 55430 -2199 Fax. 763 -569 -3494 www. cityofbrooklyncenter. org Rental License Mitigation Plan (Type N License) Handwritten Mans will not be acced Please type or use fellable form on City websete. -- y er - n = Home 14 ent .6 # 0:'R`': xr..a xcxi A"� 3 x ,$41 0 r dWBSttTi3ktc�Om Ag€rttrutaildrreta homrnt['cxbtl The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify ssible solutions to im 5 rove the overall conditions of the ro Womm Submit the following documents with the Mitigation Plan for approval: 0 1. Crime Free Housing Program Training Certificate • 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum Q 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) F7-15. .Submit written report by 10'' of each month (after license approval). Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 10/22/2009 Date Course Scheduled: Phase H EZZI Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. 12/07/2010 (� 1 5 � 1 Date Completed. Im Improvements to be com leted b : Page 1 Type IV Mitigation Plan 9 -10 r • i Phase III ✓ I will attend a minimum of 50% of the ARM meetings (four). j 1 will attend the ARM meetings scheduled for. & 1 01/13/2011 & 03/10/2011 0 1 will have no repeat code violations previously documented within the past year. For properties with four or more units: i I will conduct resident training annually that includes crime prevention techniques. i I will hold regular resident meetings. Date Last Replaced Future Re lacement Pate Furnace/AC Water Heater Kitchen Appliances Laundry Appliances Exterior Paint/Siding ft - Windows -Roof -Fence -Shed .� - Garage - Driveway - Sidewalks Smoke Alarms & Carbon Monoxide Alarms 08/0112010 k Other: Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: ® Check in with tenants every 30 days. Drive by property to check for violations twice a month. ✓� Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service company: Other: Page 2 Type IV Mitigation Plan 9 -10 J i If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. Aa Owner or Agent Signature / Title Date � ozez — J� /(ol�� Ad ' na Owner or Agent Signature / Title Date (I f applicable) � I Police Department / Title Date Bu il ' g & Community Standards Department / Title Date Page 3 Type IV Mitigation Plan 9 -10 i • I City Council Agenda Item No. 10g COUNCIL ITEM MEMORANDUM DATE: January 10, 2010 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cler SUBJECT: Type IV 6 -Month Provisional Rental License for 6116 Aldrich Avenue N, Brooklyn Center, MN Recommendation: It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month Provisional Rental License and mitigation plan for 6116 Aldrich Ave N. If the Council chooses to not issue the license, it is recommended that the motion be to direct staff to prepare proposed findings for denial of the rental license and draft said resolution for the next Council meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on eleven property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase 1, II and III of the Crime Free Housing Program, as well as other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 04 -16 -10 Troy Pullis applied for initial rental dwelling license for 6116 Aldrich Avenue North, a single - family residential property. 06 -01 -10 Initial rental inspection conducted (Eleven orders cited, see attached rental criteria). 08 -30 -10 Second rental inspection passed. 09 -07 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 09 -10 -10 Letter sent to owner notifying past due on additional requirements of Type IV 6- Month Provisional Rental License (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 10 -04 -10 Jesse Anderson, Housing and Community Standards Supervisor, spoke with Mr. Pullis with regards to submitting a mitigation plan. Mr. Pullis stated that he would complete the form and send it in. 12 -27 -10 Mitigation Plan finalized Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license will be required. The license process will • begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's revious mitigation P g plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1 -2 units 0 -1 3+ units 0 -0.75 Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III —1 Year 1 -2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 ' but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.0 1, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service &Part I Crimes (Calls Per Unit/Year) No Category 1 -2 0 -1 Impact 3 -4 units : 0 -0.25 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3 -4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 -4 units Greater than l 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: • There are no budget issues to consider. Council Goals: Strategic: We will ensure a safe and secure community We will stabilize and improve residential neighborhoods Attachment - Mitigation Plan • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust � r • w City of Brooklyn Center Phone: 763 -569 -3300 6301 Shingle Creek Parkway 77Y/Yoke 711 =7 Brooklyn Center, MN 55430 -2199 Fax: 763 -569 -3494 www.cityothrooklyncenterorg Rental License Mitigation Plan (Type IN License) Handwritten plans will not be accepted Please type or use fellable form on City website Property Address: 6116 aldrich ave north Owner Name: Troy Pullis Local Agent: Owner Address: Agent Address: 2974 Oaklawn lane, Mound MN 55364 Owner Phone: 952- 48M4332 Agent Phone: Owner Email: T93pmperties@hotmail.com Agent Email: The above referenced property qualifies for a Type IV Rental License. A Mitigation Plan must be completed and reviewed by City staff before the rental license application can be considered for approval by City Council. A Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions of the pro perty. Section A - Required Documents Submit the following documents with the Mitigation Plan for approval: = 1. Crime Free Housing Program Training Certificate • ®2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Signed & Completed Mitigation Plan 4. Security Assessment Report (Performed by the Brooklyn Center Police Department) =5. Submit written report by 10 of each month (after license approval). Section B Crime Pme Honsing Program Requirements Phase I 1. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3. Pursue the eviction of tenants who violate the terms of the lease or any addendums. . 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Date Course Scheduled: 11/18/2010 Phase H Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Completed: %T - 1 S" 10 Im p rovements to be completed by: Page 1 Type IV Mitigation Plan 9 -10 • i Phase III 0 I will attend a minimum of 50% of the ARM meetings (four). & I will attend the ARM meetings scheduled for: =I will have no repeat code violations previously documented within the past year. For properties with jour or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section C - lAng Term Capital Improvements Pim Date Last Replaced Future Replacement Date Furnace/AC 01/01/2008 Water Heater 10/01/2009 Kitchen Appliances 12/01/2009 Laundry Appliances 12101/2009 Exterior - Paint/Siding - Windows -Roof 07101/2013 -Fence 07 /01/2011 -Shed - Garage - Driveway 07ro1@011 - Sidewalks Smoke Alarms & Carbon Monoxide Alarms 12101/2009 Other: newerwEdows and sw=swkv Section-D - Steps to Improve Management and Conditions of Prn Tty Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: M ✓ Check in with tenants every 30 days. Drive by property to check for violations twice a month. 0 Evict tenants in violation of the lease and all addendums. Q Provide lawn/snow service. 0 Provide garbage service. Install security system. Provide maintenance service plan for appliances. Name of service company: centarAoint energy service plus Q Other: I Page 2 Type N Mitigation Plan 9 -10 I If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 16 of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, enforcement actions such as citation, formal complaint or license review may result. a ;,e Date Additional Owner or Agent Signature / Title Date (If applicable) Q° -- Police Department / Title Date B ' g & Community Standards Department / Title Date i i Page 3 Type IV Mitigation Plan 9 -10 • • City Council Agenda Item No. 10h COUNCIL ITEM MEMORANDUM • DATE: January 4, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 9C1k SUBJECT: Amend 2011 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2011 City Council meeting schedule to add a Special Work Session to review the Shingle Creek Crossings TIF plan. Background: For several weeks staff and our financial advisors have been engaged in discussions with representatives of Frank Gatlin, regarding his request for public subsidy assistance to the proposed Shingle Creek Crossing redevelopment project. It appears that all of the required information necessary to review the application has been submitted. We expect that staff will be prepared with a report and recommendation within the next several days. To facilitate a thorough review of this report, we a requesting the City Council schedule a special worksession meeting during the week of January 17 2010. Monday January 17 is Martin Luther King Jr. . Day. Budget Issues: There are no budget issues to consider at this time. Mission: Ensuring an attractive, clean, safe community that enhances the quality of7ife and preserves the public trust AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • January 10, 2011 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. Twin Lake Regional Trail (TLRT) Alignment 2. Tax Increment Financing District No. 3 3. Sterling Square — John Roder PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Junk and Inoperable Vehicles Update — Back Yard Parking — January 2. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 3. Hwy 252 Update — February • 4. Centennial Request- EBHC 5. Sister City Update 6. Strategic Outcome Reports 7. 2011 Brooklyn Center Celebration Update 8. Neighborhood Designations 9. Department Year End Reports 10. Active Living Program 11. Community Schools Update 12. Graduated Sanitary Utility Rate Study 13. Garbage Hauler Organized Co llection Update 14. Housing Improvement Association Draft Procedures 15. Joint Meeting with Commissions • • Work Session Agenda Item No. -1 r MEMORANDUM - COUNCIL WORK SESSION DATE: January 5, 2011 TO: City Council FROM: Councilmember Roche Through Curt Boganey SUBJECT: Twin Lakes Regional Trail (TLRT) Alignment Recommendation: It is recommended that the City Council consider providing direction to staff regarding the request to reconsider the proposed alignment of the Twin Lakes Regional Trail along 57 Avenue. Background: I have attached the request from Councilmember Roche to have this item added to the work session agenda. Additionally enclosed is Section III, Public Process, of the Twin Lakes Proposed Regional Trail Master Plan which addresses the trail alternative alignments for the unconstructed segments of i the trail east of Highway 100 and the evaluations which resulted in the selection of the 57 Avenue R.O.W. corridor. Staff and a representative of the Three River Park District will be available to answer questions. Policy Issues: None Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life anti preserves the public trust I Rebecca Crass From: Gary Eitel • Sent: Tuesday, January 04, 2011 11:01 AM To. Rebecca Crass Subject: FW: Work Session Item: Twin Lake Regional Trail (TLRT) Alignment From: Curt Boganey Sent: Monday, December 27, 2010 2:56 PM To: Gary Eitel Subject: FW: Work Session Item: Twin Lake Regional Trail (TLRT) Alignment From: Tim Roche Sent: Sunday, December 26, 2010 8:04 PM To: Curt Boganey Subject: Work Session Item: Twin Lake Regional Trail (TLRT) Alignment Good morning Curt, I am requesting the alignment of the TLRT to be a Work Session item at our next meeting. Council has final say on the alignment and I think it best to share my concerns with the proposed route along 57th. I look forward to a constructive discussion with staff and sharing of the information which guided their decision. • Thanks, Tim R. 1 Section III Public Process Public The Park District established a planning process that included represen- tatives from all affected municipalities, public agencies, and the general public in the master planning effort to provide opportunities to be heard and contribute to the plan outcome. Twin Lakes Regional Trail Task Force A Twin Lakes Regional Trail Task Force was established that guided the trail master plan and coordinated planning efforts within local communi- ties and greater region. Members of the Task Force included representa- tives from the following affected stakeholders: City of Brooklyn Center, City of Robbinsdale, City of Minneapolis, Hennepin County Regional Rail Authority, Hennepin County Transportation Department, Hennepin County Housing, Community Works and Transit, Minnesota Department of Trans - portation (Mn /DOT), and Minneapolis Park and Recreation Board. The responsibilities of the Task Force included: • Coordination with respective governing bodies such as City Councils, Planning Commissions, Park Commissions and other staff /departments within the respective city /agency. • Assistance in implementing public participation opportunities. • Providing information and support necessary to identify feasible trail alignments and review /complete the trail master plan which meets Park District, city and other applicable agency goals. • Assisting Park District in local municipality /agency approval processes. The Task Force met four times throughout the planning process: • July 20, 2010 • August 26, 2010 • October 7, 2010 • December 9, 2010 Public Presentations and Open Houses The Park District held two public open houses where the general pub- lic reviewed the status of preliminary Task Force planning and provided ® comment. The first open house was held on September 16, 2010, and Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 13 Section III Public Process the second open house was held November 9, 2010, both at the Hen- • nepin County Brookdale Library. In December 2010 and January 2011, Park District staff presented the selected alignment to the Robbinsdale and Brooklyn Center City Councils and Park Boards for comment. Each of those decision - making bodies indicated support for the selected align - ment. Evaluation & Findings Segments of the Twin Lakes Regional Trail vary from constructed, under construction, or in planning stages. For those trail segments that are unconstructed, input was gathered to provide direction for a recommended trail alignment. Regional trail alternative alignments for unconstructed segments included a utility corridor adjacent to 57th Avenue, 57th Avenue and 53rd Avenue between TH100 and North Mississippi Regional Park. Ultimately, the 57th Avenue alignment was determined to be the selected alignment. With input from two public open houses, the project Task Force identified a number of specific opportunities that made the 57th Avenue selected alignment stand out from other routes considered. Nevertheless, several key constraints will require challenging solutions during implementation. The primary opportunities and constraints of the 57th Avenue alignment are summarized below. Selected Alignment Opportunities • • Trail route consistent with Hennepin County's bike plans • Brooklyn Center's Comprehensive Plan shows route as a future on- street bikeway • Crosses roadway at intersections (as opposed to mid -block crossings) • Does not cross I -94 freeway on /off ramps • Opportunity to upgrade the streetscape • Placing the trail on 57th Avenue provides the most direct trail connection to the Mississippi River • (Mn /DOT is planning to re -deck the Bass Lake Road /57th Avenue bridge over TH100 in 2013. Preliminary conversations between the Park District, Brooklyn Center, Hennepin County, and Mn /DOT indicate that it may be feasible to include the regional trail on the bridge as part of the re- decking project. The parties will continue to collaborate throughout the bridge decking design process.) 14 Three Rivers Park District Draft December 6, 2010 Section III Public Process Selected Alignment Constraints • Requires road narrowing and loss of parking in some locations • Creates a circuitous route, until the Bass Lake Road /57th Avenue bridge is re- decked which results in the use of the existing Shingle Creek Regional Trail bridge. • Requires reconfiguration of the 57th Avenue bridge over I -94 to accommodate the trail • Located adjacent to a busy street • Crosses 14 residential driveways, 1 commercial driveway and 1 alley Plan Review & Formal Approval Process Copies of the draft Master Plan were distributed to the affected agencies for review and comment. Three Rivers Park District will use its E -lert e -mail network along with news releases to inform the interested public of the opportunity to review and comment on the Master Plan. The Master Plan will be made available through Three Rivers Park District's website (www.Th ree Rive rsPa rkD istrict. org), and the website will include an on -line survey and feedback form. The public review period will last • for two weeks, after which Three Rivers Park District staff will assess feedback to identify any appropriate changes to the Master Plan. After receiving comments by affected agencies, Three Rivers Park District Board of Commissioners released the draft Twin Lakes Regional Trail Master Plan for review by the public and affected governmental bodies. Given the significant amount of public input and community review used to develop the Master Plan, Three Rivers Park District does not anticipate any significant concerns or changes to the Master Plan. However, if significant revisions are suggested, Three Rivers Park District staff and the project team will recommend to the Three Rivers Park District Board of Commissioners that they will be incorporated into the final Master Plan, as appropriate, prior to submittal to the Metropolitan Council. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 15 t� 4 1 Twin Lakes Regional Trail master plan DRAFT December 6,2010 the m i s s o n of Three Rivers Park District is to romote environmental stewardship through • P P 9 recreation and education in a natural resources -based park system. Three Rivers Park District was established in 1957 after legislation was enacted in 1955 allowing for the activation of park districts whose primary duties are "acquisition, development and maintenance of large parks, wildlife sanctuaries, forest and other reservations, and means for public access to historic sites and to lakes, rivers and streams and to other natural phenomena" (Minnesota State Statutes, Chapter 398.07). Three Rivers Park District serves more than 7 million visitors each year with over 26,500 acres of park reserves, regional parks and special -use areas in Hennepin and six adjoining counties and 100 miles of regional trails. Current outdoor - recreation activities in regional parks and trails include camping, hiking, cross - country and downhill skiing, tubing, bicycling, in -line skating, horseback riding, nature interpretation, golfing, fishing and swimming. Three Rivers Park District also operates a natural resources management program, which administers the restoration and perpetuation of both native wildlife and plants in order to provide opportunities for high - quality recreational experience for park visitors. Board of Commissioners Staff Sara Wyatt Cris Gears, Superintendent, Long Lake (District 1) and Secretary to the Board Marilynn Corcoran Thomas K. McDowell, Associate Superintendent, Dayton (District 2) Division of Recreation and Education Mark Haggerty Margaret A. Dahlofe, Associate Superintendent, 99 Y 9 New Hope (District 3) Division of Parks and Natural Resources Dale Woodbeck, Vice Chair Boe R. Carlson, Associate Superintendent, Shorewood (District 4) Division of Administration Rosemary Franzese Howard D. Koolick, Director of Finance, St. Anthony (District 5) Chief Financial Officer Larry Blackstad, Chair Donald J. DeVeau, Director, Hennepin County Appointee Planning and Development Minnetonka Barbara Kinsey Hennepin County Appointee Brooklyn Park II Three Rivers Park District Draft December 6, 2010 Acknowledgements Three Rivers Park District gratefully acknowledges the community members and other Task Force participants who contributed to content of the Twin Lakes Regional Trail Master Plan. The Park District extends a special thank you to the individuals listed below who provided guidance, time, questions, and critical insight throughout the process. Task Force Members Gary Eitel, City of Brooklyn Center Steve Lillehaug, City of Brooklyn Center Richard McCoy, City of Robbinsdale Rick Pearson, City of Robbinsdale Don Pflaum, City of Minneapolis Jessica Galatz, Hennepin County Regional Rail Authority Bob Byers, Hennepin County Transportation Department Patricia Fitzgerald, Hennepin County Housing, Community Works and Transit April Crockett, Mn /DOT Jennifer Ringold, Minneapolis Park and Recreation Board Three Rivers Park District Staff Don Deveau, Director of Planning and Development Kelly Grissman, Senior Planning Manager Del Miller, Intergovernmental Relations Manager Annie Rexine, Planner (Project Manager) i Draft December 6, 2010 Twin Lakes Regional Trail Master Plan III • Executive Summary The Twin Lakes Regional Trail will fill a gap in the multimodaI transportation system with a safe, accessible and enjoyable non - motorized transportation option. It will expand non - motorized commuting and recreational access to vital employment, retail and recreational sites in the metropolitan region by improving safety, economic development, mobility and environmental benefits. The development of the Twin Lakes Regional Trail is an outgrowth of the previous First Tier Trails, Greenways, and Parks Master Plan (2000), prepared by Three Rivers Park District. The First Tier Trails, Greenways and Parks Master Plan (Three Rivers Park District, 2000) analyzed the possibility of trail corridors within the ten cities that make up the "first - tier" ring of suburbs that border the northern, southern and western Minneapolis city limits. These trail corridors, including the Twin Lakes Regional Trail, were developed based on recreation and transportation goals which are intended to provide value and linkages, balance recreation and natural resources, ensure safety and provide effective design to currently under - served communities. The cities of Robbinsdale and Brooklyn Center comprise a portion of the "first- tier" suburban ring. Currently, first -tier suburban residents have limited access to regional trail systems. Specifically, the fully - developed cities of Brooklyn Center and Robbinsdale along the Twin Lakes Regional Trail have few opportunities to significantly expand their trail system in the future. This proposed regional trail provides the communities direct access to a regional trail and park system with connections to the Mississippi River. Use of Three Rivers Park District regional trails has steadily increased over the last 10 years and is expected to continue to increase. There were 706,200 visits to the five regional trails open in 1999. For the entire Three Rivers Park District network of regional trails, the Council estimates that in 2009 there were over 2,700,000 visits. The proposed Twin Lakes Regional Trail is projected to initially generate 125,000 annual visits. The proposed trail is not expected to be a recreational destination trail for non -local residents, but rather is anticipated to be primarily used by local residents for recreation and access to local services and destinations. In 2009, the Park District entered into a Trailway Cooperative Agreement with Brooklyn Center by which the City conveyed a continuous and contiguous trail easement to the Park District for the trail. Through this ® agreement, the Park District assumed responsibility for trail operations, maintenance, reconstruction, and capital expenses of the existing trail section and future extension. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan V A Twin Lakes Regional Trail Task Force was established that guided the trail master plan and coordinated planning efforts within local communities • and greater region. Members of the Task Force included representatives from the following affected stakeholders: City of Brooklyn Center, City of Robbinsdale, City of Minneapolis, Hennepin County Regional Rail Authority, Hennepin County Transportation Department, Hennepin County Housing, Community Works and Transit, Minnesota Department of Transportation (Mn /DOT), and Minneapolis Park and Recreation Board. The Park District held two public open houses where the general public reviewed h f r preliminary Task Force planning and provided t o status o p e y p g p comment. The first open house was held on September 16, 2010, and the second open house was held November 9, 2010, both at the Hennepin County Brookdale Library. In December 2010 and January 2011, Park District staff presented the selected alignment to the Robbinsdale and Brooklyn Center City Councils and Park Boards for comment. Each of those decision - making bodies indicated support for the project. The Twin Lakes Regional Trail route originates at the southern end of the Twin Lakes within Robbinsdale in the southeast quadrant of the Trunk Highway (TH) 100 and Bottineau Boulevard (CSAH 81) interchange. The trail then generally follows a route extending north and east through Brooklyn Center to the eastern terminus at North Mississippi Regional Park on the Mississippi River. The trail route is predominantly located within existing street right -of -way, and segments of the trail vary from constructed, under construction, or in planning stages. For those trail segments that are unconstructed, input was gathered to provide direction for a recommended trail alignment. It is anticipated that the Twin Lakes Regional Trail will be improved in stages, with the construction of various stages driven by local factors such as availability of land, timing of adjacent roadway improvements, and public desire to expand the existing recreational trail system, and financing. is VI Three Rivers Park District Draft December 6, 2010 Table of Contents Page SectionI Planning Framework .............. ............................... 1 Overview............................................................ ............................... Metropolitan Regional Parks System ................... ............................... Three Rivers Park District ................................... ............................... Relationship to Other Plans ................................ ............................... Involved Public Agencies .................................... ............................... District -Wide Planning Guidelines ....................... ............................... Section II Trail Description & Background ............................. 7 Location & Contextual Relationship ..................... ............................... Landscape Description ....................................... ............................... TrailHistory ........................................................ ............................... GuidingPrinciples .............................................. ............................... AcquisitionStatus ............................................... ............................... • Section III Public Process ....................... ............................. 13 Twin Lakes Regional Trail Task Force. .. Public Presentations and Open Houses ............... ............................... Evaluation & Findings ......................................... ............................... Plan Review & Formal Approval Process .............. ............................... SectionIV Demand Forecast ................... ............................... 17 Overview.......................................................... ............................... . Demographics.................................................... ............................... Recreational Use Trends .................................... ............................... Existing Three Rivers Park District User Data ..... ............................... Trail Service Area and Projected Trail Use .......... ............................... SpecialNeeds .................................................... ............................... Section V Resource Assessment & Management .................... 39 Natural Resource Inventory ................................ ............................... Natural Resource Management ........................... ............................... Cultural Resource Inventory ............................... ............................... Cultural Resource Management .......................... ............................... Draft December 6, 2010 Twin Lakes Regional Trail Master Plan VII Section VI Development Concept ............ ............................... 49 Development Plan .............................................. ............................... Selected Trail Alignment .................................... ............................... Corridor Width and Public Services ..................... ............................... Primary Trail Design Elements ............................ ............................... Supporting Trail Elements ................................... ............................... Typical Trail Cross Sections ................................ ............................... Section VII Operations & Maintenance Plan ............................ 67 Regulations & Ordinances ................................... ............................... Operations - Public Safety ................................... ............................... Operations - Maintenance ................................... ............................... Proposed Maintenance Activities ......................... ............................... PublicAwareness ................................................ ............................... Section VIII Estimated Costs & Funding ..... ............................... 73 Boundaries & Acquisition Costs .......................... ............................... Development Costs ............................................ ............................... OperatingCosts ................................................. ............................... Funding Sources ................................................. ............................... OtherRevenue ................................................... ............................... • Appendix A Resolutions of Support ......... ............................... 77 Appendix B Trail Plans ............................. ............................... 79 Appendix C Wetland Descriptions ............. ............................... 93 Appendix E Detailed Cost Estimate ........... ............................... 95 VIII Three Rivers Park District Draft December 6, 2010 List of Figures Figure 1 Metropolitan Regional Parks System Map [TRPD Update] ............. Figure 2 Three Rivers Park District Regional Trail System Status Map .................4 Figure 3 Regional Trail Location Map ..................................... ..............................7 Figure 4 First Tier Trails, Greenways, and Parks Plan ( 2000) ............................... 18 Preferred Scheme Figures 5a /b Population Graphs through 2030 ............................ ............................... 19 Figures 6a /b Number of Households Graphs through 2030 ......... ............................... 20 Figures 7a /b /c Household Descriptions Graphs ................................ .............................21 Figures 8a /b /c Age Distribution Graphs ......................................... ............................... 22 Figure 9 Household Income Graph ......................................... .............................23 Figures 10a /b /c Education Attainment Graphs ................................ ............................... 24 Figure 11 2030 Regional Parks Policy Plan ............................. ............................... 28 All Recommended Additions and Changes Figure 12 Core and Primary Trail Area Map .............................. .............................35 Figure 13 Minnesota Land Cover Classification System Map ..... .............................39 Figure 14 Watershed Boundaries Map ...................................... .............................43 Figure 15 Preferred Typical Trail Section .................................. .............................51 Figure 16 Selected Regional Trail Alignment Map ................... ............................... 53 Figure 17 Existing Regional Trail Conditions Assessment Map ............................... 58 Figure 18 Option A - 57th Avenue Potential Cross Section ..... ............................... 65 (Logan Avenue to Dupont Avenue /60' ROW) Figure 19 Option B - 57th Avenue Potential Cross Section ..... ............................... 65 (Logan Avenue to Dupont Avenue /60' ROW) Figure 20 Option C - 57th Avenue Potential Cross Section ..... ............................... 65 (Logan Avenue to Dupont Avenue /60' ROW) Figure 21 Option A - 57th Avenue Potential Cross Section ..... ............................... 66 (Dupont Avenue to I- 94/50' ROW) Figure 22 Option B - 57th Avenue Potential Cross Section ..... ............................... 66 (Dupont Avenue to I- 94/50' ROW) Figure 23 Option C - 57th Avenue Potential Cross Section ..... ............................... 66 (Dupont Avenue to I- 94/50' ROW) Draft December 6, 2010 Twin Lakes Regional Trail Master Plan IX List of Tables Table 1 Statewide Population Trends for Trail Based Activities ....... ............................... 26 Table 2 Statewide Trail Acitivities Ranked by Hours of Participation .............................. 26 Table 3 Household Description (TRPD Trail Users) ......................... ............................... 30 Table 4 Age (TRPD Trail Users) ........................................................ .............................31 Table 5 Annual Household Income (TRPD Trail Users) ................... ............................... 31 Table 6 Highest Level of Education Completed (TRPD Trail Users) . ............................... 32 Table 7 Gender (TRPD Trail Users) ................................................ ............................... 32 Table 8 Race (TRPD Trail Users) .................................................... ............................... 33 Table 9 Race - Do you consider yourself Hispanic /Latino /Spanish? (TRPD Trail Users) ........ 33 Table 10 Twin Lakes Regional Trail Expected Use Distribution by Activity ....................... 35 Table 11 Average Seasonal Use Distribution (TRPD Trail Users) ......... .............................35 Table 12 Primary Activity (TRPD Trail Users) ................................... ............................... 36 Table 13 Primary Use (TRPD Trail Users) ........................................... .............................36 Table 14 Rare, Endangered and Threatened Species Occurrences Documented ............. 40 Near the Twin Lakes Regional Trai Table 15 Summary of Mapped Soils Near the Twin Lakes Regional Trail ........... :.............. 44 Table 16 Existing Trail Segments Analysis and Future Reconfiguration Options .............. 59 Table 17 57th Avenue Roadway Cross Section Comparison Matrix ............................... 64 X Three Rivers Park District Draft December 6, 2010 Section I I Planning Framework Planning Framework Overview The Twin Lakes Regional Trail will fill a gap in the multi -modal transportation system with a safe, accessible and enjoyable non - motorized transportation option. Currently, metro area residents traveling to and through the first tier suburbs do not have access to safe, convenient and attractive off -road regional trail networks that support bicycle and pedestrian mobility, and connect with existing and planned transit facilities. The Twin Lakes Regional Trail will expand non - motorized commuting and recreational access to vital employment, retail and recreational sites in the metropolitan region by improving safety, economic development, mobility and environmental benefits. By providing this new surface transportation option, the Twin Lakes Regional Trail may help reduce congestion and increase non - motorized transportation efficiency. When completed, the trail will measure approximately 4.4 miles from Crystal Lake Regional Trail in the City of Robbinsdale through Brooklyn Center, connecting to Shingle Creek Regional Trail and terminating at North Mississippi Regional Park. Metropolitan Regional Parks System The Twin Cities' nationally renowned Metropolitan Regional Parks System significantly contributes to the area's high quality of life. Establishing green space for recreation and resource protection enhances the region's livability and economic strength. This section of the Master Plan provides background on the Metropolitan Regional Parks System and Three Rivers Park District, and the guiding principles used by Three Rivers Park District in planning and managing parks and trails. The Metropolitan Regional Parks System includes 47 regional parks and park reserves, 22 trails, and six special recreation areas and is still growing. Currently, there are 52,000 acres of protected lands, with planned acquisition of an additional 18,000 acres over the next 25 years. The Metropolitan Regional Parks System is made up of 10 park implementing agencies, consisting of six county park departments, three city park departments and Three Rivers Park District. The Metropolitan Council (Council) is a regional planning agency that oversees and provides partial funding of the regional parks system. The Council works with implementing agencies to assist in the acquisition and development of regional parks and trails to provide outdoor recreation for public enjoyment and natural resources protection. The Council and implementing agencies also develop regional park policies to protect Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 1 Section I Planning Framework the region's water quality, promote best management practices, and help integrate the parks system with housing, transportation and other • regional priorities. The Metropolitan Council also provides guidance in the development of master plans for units of the regional parks and trail system. The Twin Lakes Regional Trail Master Plan reflects that guidance. Each regional park or trail must have a master plan approved by the Council prior to receiving any acquisition, development or operational funding from the Council. The master plan must address a series of topics, including boundaries and acquisition, recreation demand forecasts, natural resources management, development concept, implementation schedule, and development and operational cost estimates. Public input is encouraged throughout the master planning process. The Council's planning requirements help ensure consistency between the implementing agencies and the Council's own regional plans. Twin Lakes I Anoka Regional Trail I J Proposed �_ a t G Corridor • e- I— Washington Hennepi I Ramsey 4 Carver Scott Dakota Figure 1 Metropolitan Regional Parks System Map (The dark green areas denote parks and trails of the Metropolitan Regional Parks System owned and operated by Three Rivers Park District. The Twin Lakes Regional Trail is shown in red.) 2 Three Rivers Park District Draft December 6 2010 Section I Planning Framework Three Rivers Park District i Three Rivers Park District (Park District) is an independent, special park district charged with the responsibilities of acquisition, development and maintenance of regional park reserves, regional parks, regional special recreation features and regional trails for the benefit and use of the citizens of suburban Hennepin County, the seven - county Twin Cities metropolitan area and the State of Minnesota. The Park District works cooperatively with the Metropolitan Parks and Open Space Commission, the Metropolitan Council and the State Legislature as 1 of 10 implementing agencies of the Metropolitan Regional Parks System. The Park District mission is to promote environmental stewardship through recreation and education in a natural resources -based park system. The Park District was established in 1957 by the Minnesota State Legislature when prominent members of the community promoted the benefits of parks in the outlying areas of Hennepin County. Three Rivers Park District's first park, Baker Park Reserve, was created when Morris T. Baker donated 210 acres of land, including a large section of shoreline on Lake Independence. Today, the Park District owns and manages approximately 26,500 acres of regional park reserves, regional parks, and regional special recreation features, and over 200 miles of combined paved and unpaved trails . through the parks and along regional trail corridors. Relationship to Other Plans In 2000, the Park District conducted a study (First Tier Trails, Greenways and Parks Master Plan) analyzing the possibility of trail corridors within the ten cities that make up the "first- tier" ring of suburbs that border the northern, southern and western Minneapolis city limits. These trail corridors were developed based on recreation and transportation goals that are intended to provide value and linkages, balance recreation and natural resources, ensure safety and provide effective design. The Park District developed this regional trail master plan for Twin Lakes Regional Trail as part of the 2030 Regional Parks Policy Plan requirement by Metropolitan Council. The purpose of this trail master plan is to identify and capitalize on potential opportunities for new regional trail facilities where, unfortunately, few such facilities currently exist. The implementation of this trail corridor comes at an opportune time, by corresponding with other future redevelopment plans and infrastructure improvements within the first tier suburbs. Involved Public Agencies • The public agencies involved with the master plan process for the Twin Lakes Regional Trail include: Three Rivers Park District, which is Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 3 Section I Planning Framework Regional Trail System Status Existing Under Construction Current Planning Future Planning Crow River Regional Trail overs Twin Lake, Regional Trail w»Meee. *o•• ^ * R.0 Creak W." Bm— P°^R""°M Regional Trail <nzmPen (bm Redde Lake Independence pm P R eM I Regional Trail Mage torro, z" Pzrk ­ra" ffrall ke Shingle Croak Regional Laka R Reglonal Trail Reglonal Trail Beooklyn Center Prk Rrew.e Reerrel2M1 '. sw PeM Sarah Creak cllm"e Rra.n Regional Trail n " nmowr Reywal P.A .,„e Twin Lakes 1 "eePende "`e Luca Line p Regional Trail axe Regional Trail Diagonal Regional Trail _ Bassett Creek North Cedar Lake Regional Trail a Regional Trail Mlreetr— M wam,a.a ,nneton Ma Gene N.bcea $eclel Racaeran o.:px...., reMUa Cedar Lake LRT Regional Trail Dakota Rail Regional Trail Nine Mlle Creek Reglonal Trail al"raesstax« cnn Overitark Ibrw _� Re�gon lPed ", .,reels p Lake Minnetonka LRT I Regional Trail o rl 1P Minnesota River B""S LRT aloom q o. Reglonal Trall Msraeuennaeaea n uxea >ek R®ee Regional • Regional Trail 0 1 2 3 4 !` mMinas Figure 2 Three Rivers Park District System Regional Trail System Status Map responsible for construction, operation and management of the trail; the two host cities adjacent to the corridor - Robbinsdale and Brooklyn Center; Hennepin County Regional Rail Authority; Hennepin County Transportation Department; Hennepin County Housing, Community Works and Transit; Metropolitan Council; Minnesota Department of Transportation (Mn /DOT); City of Minneapolis; and Minneapolis Park and Recreation Board. District -Wide Planning Guidelines Three Rivers Park District manages its lands under four categories of regional open space: regional park reserves, regional parks, regional trail corridors and regional special recreation features. Regional Park Reserves Regional park reserves provide and protect representative areas of major landscape types found in the metropolitan area for the purposes . of conservation, and outdoor recreation and to perpetuate appreciation and enjoyment by the public. The minimum size is 1,000 acres, with a 4 Three Rivers Park District Draft December 6, 2010 Section I Planning Framework desirable size of 2,000 acres or more. As a legacy to future generations O and to establish and maintain an uncompromising sense of nature, 80 percent of each regional park reserve's land base shall be restored to and retained in a natural state as a viable entity, permitting up to 20 percent to be developed for compatible active - recreation use. Three Rivers Park District owns and operates nearly 22,800 acres within seven regional park reserves. Regional Parks Regional parks provide a diversity of resources, contiguous to or including water resources, which can accommodate a wide variety of compatible outdoor - recreation uses. The minimum site size is 100 acres, with a preferable site size of 200 or more acres. Three Rivers Park District develops active - recreation areas in regional parks in a manner that maintains sufficient natural areas to ensure quality outdoor - recreation experiences in a natural resources setting. Three Rivers Park District owns and operates over 3,000 acres within 10 regional parks. Regional Trail Corridors Regional trail corridors provide for recreational trail activities on linear resources. They perform a recreational- transportation function, provide access to regional parks and park reserves, and may be located along either natural or built features. To be recognized by the Council or Three . Rivers Park District, regional trails must serve a linking or destination function. In addition to recreational function, linking trails provide the backbone of the regional trail network by connecting regional parks to one another. Destination regional trails are routed and developed to provide opportunities for high - quality recreation experiences that traverse significant natural resource areas. However, destination trails also may be a component of the linking network. For either trail type, adjacent land with significant natural resources can be acquired as part of the trail corridor. Three Rivers Park District currently operates 100 miles of regional trails with a planned system total of 190 miles. Regional Special Recreation Features Regional special recreation features support participation in needed regional recreational opportunities that have a limited and specific purpose and are not found in regional park reserves and regional parks, or along regional trail corridors. Public demand, public support, financial feasibility, county -wide or regional significance, and the inherent recreational or cultural benefits are considered before designation. Three Rivers Park District currently owns and operates three regional special recreation features. • Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 5 Section I Planning Framework This page left intentionally blank • • 6 Three Rivers Park District Draft December 6, 2010 Section II I Trail Description & Background • Trail Description & Background Location & Contextual Relationship The Twin Lakes Regional Trail provides local and regional residents with access to downtown Robbinsdale, the Brookdale Mall shopping area, Brooklyn Center Transit Center (on Bass Lake Road), Brooklyn Center City Hall and the Hennepin County Brookdale Library (via the Shingle Creek Regional Trail), a local elementary school, North Mississippi Regional Park and connections to the larger regional trail system primarily through Shingle Creek Regional Trail, North Mississippi Regional Trail, Minneapolis Grand Rounds, and the planned Crystal Lake Regional Trail. It originates at the southern end of the Twin Lakes within Robbinsdale in the southeast quadrant of the Trunk Highway (TH) 100 and Bottineau Boulevard (CSAH 81) interchange where it will connect with the planned Crystal Lake Regional Trail. The proposed trail then generally follows a route extending north and east through Brooklyn Center to the eastern terminus at North Mississippi Regional Park on the Mississippi River. See Section VI Development Concept for a more detailed description of the • regional trail route. BROOKLYN PARK ~ FRIDLEY BROO YN CENTER TWIN LAKES rth REGIONAL TRAIL a COLUMBIA HEIGHTS � NEW HOPE CRYSTAL ROB SDALE MINNEAPOLIS Regional Trail o z O Miles GOLDEN VALLEY Re5b • Figure 3 Regional Trail Location Map Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 7 Section II Trail Description & Background Landscape Description The cities of Robbinsdale and Brooklyn Center comprise a portion of the 0 "first- tier" suburban ring around the City of Minneapolis. The area is characterized predominantly by rectangular block residential development patterns consisting primarily of single family homes established in the post - World War II period with some multi - family residential. The area also was shaped by the expansion of the state highway system, and development of the Brookdale Mall regional shopping center in the latter half of the twentieth century. Currently, Brookdale Mall is under consideration for redevelopment. Surrounding Brookdale is Brooklyn Center's primary commercial core area, consisting of service, retail, and light industrial uses. Much of the commercial land use pattern and primary infrastructure is auto - oriented - and frequently poses a barrier to non - motorized circulation to regional destinations and between neighborhoods. The Twin Lakes Regional Trail provides a viable non - motorized route through this developed area, expanding transportation options and providing access to regional recreation destinations. The western terminus of the regional trail route is in the southeast quadrant of TH 100 and Bottineau Boulevard (CSAH 81) near the Twin Lakes chain in Robbinsdale. J North Mississippi Regional Park North Mississippi Regional Park at the eastern terminus of the regional trail route. 8 Three Rivers Park District Draft December 6, 2010 Section II I Trail Description & Background Aerial view of the Brookdale Mall and surroundings looking northwest. Trail History Regional Trail Planning The development of the Twin Lakes Regional Trail is an outgrowth of the previous First Tier Trails, Greenways, and Parks Master Plan (2000), . by Three Rivers Park District, in response to expressed demand for recreational and non - motorized transportation options in first -tier suburban ring communities and became part of the 2030 planning framework subsequently developed by the Metropolitan Council. Portions of the proposed Twin Lakes Regional Trail route have already been constructed by Brooklyn Center and other agencies recently as part of local and state road improvement projects in the section extending from the Twin Lakes, past Brookdale Mall, to TH 100. Mn /DOT also reconstructed TH100 in this area within approximately the past ten years including the pedestrian tunnel crossings near Bottineau Boulevard. Trailway Cooperative Agreement As a precursor to further Twin Lakes Regional Trail planning and to establish the legal and operational underpinning of the trail, the Park District entered into a Trailway Cooperative Agreement with Brooklyn Center in 2009 by which the City conveyed a continuous and contiguous trail easement to the Park District for the both the existing portion and future extension, or will acquire such rights to additional lands as may be necessary. Through this previous agreement, the Park District assumed responsibility for trail operations, maintenance, reconstruction, and capital expenses of the existing trail section and future extension. The agreement also included transfer of the Shingle Creek Regional Trail from Brooklyn Center to Three Rivers Park District. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 9 Section II Trail Description & Background Guiding Principles A trail by nature is a linear feature that not only passes through its surroundings, but becomes part of the community fabric. In this developed suburban context, the existing land uses and infrastructure that the design of the trail must navigate are complex. The Guiding Principles developed in conjunction with the Task Force and Three Rivers Park District provide a general basis for evaluating the trail route. With that philosophical underpinning, the Task Force's charge was two -fold: confirm the selected alignment and consider alternate routes to fill the identified gaps in the trail route continuity. • Provide connectivity with - -- established points and destinations • Provide continuity with most direct route (no gaps) • Provide safe route with least amount of driveway crossings, utility poles, etc. • Minimize private property impacts • Consistent with existing • agency planning and policies , • Create sense of place within y space available , • Exemplify good stewardship towards existing infrastructure Acquisition Status The Twin Lakes Regional Trail route is predominantly located within ex- isting street right -of -way of adjacent jurisdictions. Select portions of the existing trail segments do not meet the Park Distict's design standards, and it is the District's intent to acquire easements as needed to bring the trail into compliance when adjacent roadways require reconstruction. Also, since the corridor passes through a fully - developed area, the imple- mentation of new trail segments may conflict with existing roadway curb limits, landscape features, or utilities. As a general guideline, Three Rivers Park District will attempt to work within the established right -of -way, but in some instances, acquisition of additional land area may be necessary. Design solutions will be analyzed that minimize private property impacts. The City of Brooklyn Center will provide coordination with adjacent property owners. 10 Three Rivers Park District Draft December 6, 2010 Section II Trail Description & Background The regional trail route passes through existing neighborhoods where right of way is limited. Three Rivers Park District will also coordinate with other potentially af- fected agencies including the City of Robbinsdale, Hennepin County, and Mn /DOT as required. The Three Rivers Park District regional trail acquisition process is a "will- ing- seller" approach. This means acquisition occurs when land owners plan to sell or are considering development of their property. A large factor in this method of acquisition is the timing of development. As de- velopment occurs in a given area, owners may consider the possibility of selling as the land near them is sold and developed. In turn, it is difficult to determine when acquisition will occur and when the trail construction will begin. It is important to obtain an inventory of trail parcels recommended for acquisition and to maintain good relationships with property owners. This acquisition method allows Three Rivers Park District to maintain com- munication with land owners when sales are contemplated. The local mu- nicipality also has an important role, as developers often contact the municipalities about zoning and other development issues. With the mu- nicipality as a knowledgeable proponents, the inclusion of the regional trail in land development is more assured. Three Rivers Park District, the municipality and developers work together to formulate a development plan that includes a provision for the trail. Municipality approval of all land purchases and use of eminent domain is required. This successful strategy is commonly used by Three Rivers Park District when acquiring regional trail land. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 11 Section II I Trail Description & Background Parcel acquisition alternatives to discuss with property owners include the following: • Routing of the trail to utilize portions of the property with marginal development potential. This could include land adjacent to wetland or flood fringes. • Acquire easements for the trail that may allow the owner /devel- oper to count some or all of the acreage toward development den- sities. • Work with the City and owner /developer to secure park dedication lands for the trail in advance of the actual development. • Acquisition of the entire property /parcel, with the intent to resell the property subject to easements for the trail. • Acquisition of the development rights to the property. The areas of development would then be negotiated with the developer. • Donation of a portion of the property for a trail corridor. • 12 Three Rivers Park District Draft December 6, 2010 Section III Public Process • Public Process The Park District established a planning process that included represen- tatives from all affected municipalities, public agencies, and the general public in the master planning effort to provide opportunities to be heard and contribute to the plan outcome. Twin Lakes Regional Trail Task Force A Twin Lakes Regional Trail Task Force was established that guided the trail master plan and coordinated planning efforts within local communi- ties and greater region. Members of the Task Force included representa- tives from the following affected stakeholders: City of Brooklyn Center, City of Robbinsdale, City of Minneapolis, Hennepin County Regional Rail Authority, Hennepin County Transportation Department, Hennepin County Housing, Community Works and Transit, Minnesota Department of Trans- portation (Mn /DOT), and Minneapolis Park and Recreation Board. The responsibilities of the Task Force included: • Coordination with respective governing bodies such as City Councils, Planning Commissions, Park Commissions and other staff /departments within the respective city /agency. • Assistance in implementing public participation opportunities. • Providing information and support necessary to identify feasible trail alignments and review /complete the trail master plan which meets Park District, city and other applicable agency goals. • Assisting Park District in local municipality /agency approval processes. The Task Force met four times throughout the planning process: • July 20, 2010 • August 26, 2010 • October 7, 2010 • December 9, 2010 Public Presentations and Open Houses The Park District held two public open houses where the general pub - lic reviewed the status of preliminary Task Force planning and provided comment. The first open house was held on September 16, 2010, and Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 13 Section III I Public Process the second open house was held November 9, 2010, both at the Hen- nepin County Brookdale Library. In December 2010 and January 2011, Park District staff presented the selected alignment to the Robbinsdale and Brooklyn Center City Councils and Park Boards for comment. Each of those decision - making bodies indicated support for the selected align- ment. Evaluation & Findings Segments of the Twin Lakes Regional Trail vary from constructed, under construction, or in planning stages. For those trail segments that are unconstructed, input was gathered to provide direction for a recommended trail alignment. Regional trail alternative alignments for unconstructed segments included a utility corridor adjacent to 57th Avenue, 57th Avenue and 53rd Avenue between TH100 and North Mississippi Regional Park. Ultimately, the 57th Avenue alignment was determined to be the selected alignment. With input from two public open houses, the project Task Force identified a number of specific opportunities that made the 57th Avenue selected alignment stand out from other routes considered. Nevertheless, several key constraints will require challenging solutions during implementation. The primary opportunities and constraints of the 57th Avenue alignment are summarized below. Selected Alignment Opportunities • • Trail route consistent with Hennepin County's bike plans • Brooklyn Center's Comprehensive Plan shows route as a future on- street bikeway • Crosses roadway at intersections (as opposed to mid -block crossings) • Does not cross I -94 freeway on /off ramps • Opportunity to upgrade the streetscape • Placing the trail on 57th Avenue provides the most direct trail connection to the Mississippi River • (Mn /DOT is planning to re -deck the Bass Lake Road /57th Avenue bridge over TH100 in 2013. Preliminary conversations between the Park District, Brooklyn Center, Hennepin County, and Mn /DOT indicate that it may be feasible to include the regional trail on the bridge as part of the re- decking project. The parties will continue to collaborate throughout the bridge decking design process.) • 14 Three Rivers Park District Draft December 6, 2010 Section III I Public Process Selected Alignment Constraints • Requires road narrowing and loss of parking in some locations • q 9 P 9 • Creates a circuitous route, until the Bass Lake Road /57th Avenue bridge is re- decked which results in the use of the existing Shingle Creek Regional Trail bridge. • Requires reconfiguration of the 57th Avenue bridge over I -94 to accommodate the trail • Located adjacent to a busy street • Crosses 14 residential driveways, 1 commercial driveway and 1 alley Plan Review & Formal Approval Process Copies of the draft Master Plan were distributed to the affected agencies for review and comment. Three Rivers Park District will use its E -lert e -mail network along with news releases to inform the interested public of the opportunity to review and comment on the Master Plan. The Master Plan will be made available through Three Rivers Park District's website ( www .ThreeRiversParkDistrict.org), and the website will include an on -line survey and feedback form. The public review period will last • for two weeks, after which Three Rivers Park District staff will assess feedback to identify any appropriate changes to the Master Plan. After receiving comments by affected agencies, Three Rivers Park District Board of Commissioners released the draft Twin Lakes Regional Trail Master Plan for review by the public and affected governmental bodies. Given the significant amount of public input and community review used to develop the Master Plan, Three Rivers Park District does not anticipate any significant concerns or changes to the Master Plan. However, if significant revisions are suggested, Three Rivers Park District staff and the project team will recommend to the Three Rivers Park District Board of Commissioners that they will be incorporated into the final Master Plan, as appropriate, prior to submittal to the Metropolitan Council. • Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 15 Section IV Demand Forecast • Demand Forecast Overview The First Tier Trails, Greenways and Parks Master Plan (Three Rivers Park District, 2000) analyzed the possibility of trail corridors within the ten cities that make up the "first- tier" ring of suburbs that border the northern, southern and western Minneapolis city limits. These trail corridors, including the Twin Lakes Regional Trail, were developed based on recreation and transportation goals which are intended to provide value and linkages, balance recreation and natural resources, ensure safety and provide effective design to currently under - served communities. As proposed in this Master Plan, the Twin Lakes Regional Trail will provide regional trail service from Crystal Lake Regional Trail in the City of Robbinsdale through Brooklyn Center, connecting to Shingle Creek Regional Trail and terminating at North Mississippi Regional Park. The Metropolitan Council identifies two types of regional trails: Destination regional trail A destination regional trail is a destination itself, providing opportunity for high - quality recreation experiences that traverses significant natural resource areas where the trail tread way will have no adverse impact on the natural resource base. Linking regional trail A linking regional trail links two or more units of the regional recreation open space system. The proposed Twin Lakes Regional Trail serves as a linking regional trail. y Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 17 Section IV Demand Forecast PREFERRED SCHEME Fes+ • FIRST T111111 TRAIU, GRUNWAVS, AND PARR$ PLAN eaPARLYN _ - �` PARK • BROOKLYN I 1 q. CENTER - .. ... Park I �• � e' . � -.� _- V NEW y k �`. HOPE �� •, BROOKLYN CENTER; •_•�•�'� ROBBINSDALE � w, CRYSTAL ) 'z77 CORRIDOR - 1 PL r COLUMBIA HEIGHTS ' NEW HOPEICRYSTAL! E - GOLDEN VALLEY cu.• + '� CORRIDOR T. ANT — w. �BBINSDALE 4fe PaA _ CRYST=OBBINSDALE CORRIDOR 4W ST. ANTHONY RAILROAD SPUR c ^. OOLDEN _.. VALLEY �r.•�� MINNEAPOLIS I " � , � • •• tom SAO LINE RAILROAD • MAINLINE MINNETONKA .•.. ... . - ....... r ... ...� .. ...............•_- •___....._♦ �- ..- ..- ..� -. -.- ST. LOUIS PARK / HOPKINS MINNEAPOLIS I , MINNEHAHA CREEK REGIONAL WATER ;/R-AIL�7� EDINA RICHFIELD RAILROAD SPUR EDEN PRAIRIE EDINAIRICHFIELD 1 CORRIDOR AIRPORT , RICHFIELD _ - •_ h uh•___ NORTH ® BLOOMINGTON u 1 Emtmu Her.nePM Parin Tra' F-I1 Cav t.a' Poxrok i.m� Ca,v1a. P.immy Rwne AUGUST 9. 2000 [*- 11•..­ Pw. T-1 - - - - - . - P'— C, 1•.. ......... P-bk 1-1 Cpr•dJ1 Aft— R-c �� •'� _1 Figure 4 First Tier Trails, Greenways, and Parks Plan (2000) Preferred Scheme 18 Three Rivers Park District Draft December 6, 2010 Section IV I Demand Forecast Demographics Metropolitan Growth Projections The Metropolitan Council is responsible for tracking and forecasting population growth within the seven - county Twin Cities Metropolitan Area. The Council estimates that as of 2009, there were 2.88 million people living within the seven - county area. The regional population is expected to increase to 3.61 million by 2030 - a 25 percent increase from 2009. Population The graphs below illustrate the historical and projected population growth trends in the communities in the trail service area. 14,000 12,000 10,000 8,000 Brooklyn Center 6,000 E Crystal ■ Robbinsdale 4,000 2,000 1970 1980 1990 2000 2010 2020 2030 Figure 5a Population Growth in Brooklyn Center, Crystal, and Robbinsdale Graph (1970 -2030) Minneapolis 195,000 190,000 185,000 180,000 175,000 170,000 165,000 ■ Minneapolis 160,000 155,000 150,000 145,000 1970 1980 1990 2000 2009 2010 2020 2030 Figure 5b Population Growth in Minneapolis Graph (1970 -2030) s Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 19 Section IV I Demand Forecast Number of Households The graphs below illustrate the historical and projected number of house- holds in the communities in the trail service area. 14,000 12,000 10,000 8,000 ■ Brooklyn Center 6,000 ■ Crystal Robbinsdale 4,000 2,000 1970 1980 1990 2000 2009 2010 2020 2030 Figure 6a Population Growth in Brooklyn Center, Crystal, and Robbinsdale Graph (1970 -2030) Minneapolis 195,000 190,000 185,000 180,000 175,000 170,000 165,000 ■ Minneapolis 160,000 155,000 150,000 145,000 1970 1980 1990 2000 2009 2010 2020 2030 Figure 6b Population Growth in Minneapolis Graph (1970 -2030) 20 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Household Description The graphs below illustrate the family make -up of households in the com- munities in the trail service area. i Families without children f N Lived alone Married families with children 1' ; ■ Non - family households Unmarried families with children Figure 7a Household Description in Brooklyn Center Graph (2008) Families without children ■ Lived alone Married families with children Non - family households Unmarried families with children Figure 7b Household Description in Robbinsdale Graph (2000) Families without children Lived alone Married families with children ! Non - family households Unmarried families with children • Figure 7c Household Description in All Communities that Touch the Trail Service Area Graph Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 21 Section IV Demand Forecast Age Distribution The graphs below illustrate the age distribution of the population in the . communities in the trail service area. 3,000 2,500 2,000 — 1,500 ■ 1990 1,000 ■ 2000 2008 500 .n m a m e m a m 0 v u) Ln ID %D r, n W w Ln O N H N N m M O N N N M M � C Ln Lnn 86 lLD O^ n W O Figure 8a Age Distribution in Brooklyn Center Graph 1600 1400 1200 1000 600 00 . ■ 1990 6 400 ■ 2000 200 0 n m a m a m c m m v m v m a m a Ln O H N N N M M V In In l0 �D n n W 00 O O O o O O O O O O O Y O O O C > Z) N N N m m V to In w l0 r- n W O Figure 8b Age Distribution in Robbinsdale Graph 60,000 50,000 40,000 30,000 ■ 1990 20,000 ■ 2000 2008 10,000 n m v m v m v m v m c m v m v m a on a n u) �� � r o0 00 m o 0 0 0 0 0 0 o 0 0 0 0 0 0 o v Figure Sc Age Distribution in All Communities that Touch the Trail Service Area Graph 22 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Household Income The graphs below illustrate the median income of the population in the communities in the trail service area. $ 70,000 $60,000 ■ Brooklyn Center I� $50,000 ■ Robbinsdale $40,000 Crystal $30,000 ■ Minneapolis $ 20,000 ■ Hennepin County $10,000 Metropolitan Statistical $ Metropolitan (13 Counties) 1990 2000 2008 Figure 9 Median Household Income in All Communities that Touch the Trail Service Area Graph • • Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 23 Section IV Demand Forecast Education Attainment The graphs below illustrate the educational attainment levels of the popu- lation in the communities in the trail service area. Associate degree ■ Bachelor degree Did not graduate high school 4 Graduate /professional degree N High school graduate IF Some college and no degree Figure 10a Education Attainment in Brooklyn Center Graph (2008) ■ Associate degree ■ Bachelor degree Did not raduate high g g school • ■ Graduate /professional degree High school graduate Some college and no degree Figure 10b Education Attainment in Robbinsdale Graph (2000) IF Associate degree • Bachelor degree Did not graduate high school • Graduate /professional degree • High school graduate • Some college and no degree Figure 10c • Education Attainment in All Communities that Touch the Trail Service Area Graph 24 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Recreational Use Trends • In general, recreation use trends are affected by demographic trends. Increasing median age, urbanization, increasing minority populations and decreasing household size are historically associated with less overall recreation participation per capita. Gender does not affect participation rates. Higher levels of education and higher incomes are historically associated with more overall recreation participation per capita. These trends indicate that over time the Twin Lakes Regional Trail will likely see increased walking and running and decreased bicycling. In -line skating is expected to be a minor uses of the trail (less than 5 percent of the total activity hours) and is expected to decrease in use overtime. However, due to above - average education levels and higher incomes of residents within the core and primary service areas of the trail, higher overall participation rates than the state average are expected, and any decreases over time would likely be less severe than statewide projections. J 4 "1 Statewide Trends The 2008 -2012 State Comprehensive Outdoor Recreation Plan ( SCORP), published by the Minnesota Department of Natural Resources (MnDNR), gives outdoor recreation decision - makers and managers a focused set of priorities and suggested actions to guide them as they make decisions about outdoor recreation. The SCORP outlines outdoor recreation trends, challenges and issues including protecting existing natural resources, sustaining existing facilities, promoting healthy lifestyles, connecting people with nature and an increasing demand for a diverse range of recreation opportunities based on population changes. • As part of the SCORP, the MnDNR completed a 2004 Outdoor Recreation Participation Survey of Minnesotans. Activity rates for trail based participation were included in this projection. Table 1 below shows Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 25 Section IV Demand Forecast participation projections for trail based recreation activities. Walking and running are the only trail activities that are projected to increase in • participants and participation hours. The number of annual participants in bicycling, in -line skating and cross - country skiing are expected to decrease by 30 to 44 percent. Snowmobiling is expected to remain nearly static with a participation decrease of about 4 percent. Table 1 Statewide Population Trends for Trail Based Activities Percent of Population Number of Annual Number of Annual Participation Participants Hours of Participation Annually (in thousands) (in thousands) Trail Activity 2004 2014 2004 2014 % 2004 2014 Change Change Walking /Hiking 54.0 54.4 0 1,896 2,181 15.0 129,665 140,079 Bicycling 29.0 17.8 -38.5 1,011 715 -29.3 31,890 22,552 Running /Jogging 14.2 15.2 6.8 5 610 22.8 24,332 29,870 In -line Skating 11.3 6.2 -44.8 394 250 -36.5 11,384 7,229 Snowmobiling 9.8 8.2 -16.8 342 327 -4.3 10,260 9,817 Cross - Country 6.5 1 3.2 1 -51.4 1 227 1 127 1 -44.1 3,669 2,051 Skiing Source: MnDNR - 2004 Outdoor Recreation Participation Survey of Minnesotans Table 2 below shows the trail activities in ranked order based upon their share of total trail activity hours. Walking is by far the most popular activity, accounting for over two - thirds of all participation hours. Bicycling is currently the second most popular activity, accounting for 15 percent of all participation hours, though it is expected to decrease to 10 percent of all participation hours by 2014. Running /jogging is expected to surpass bicycling in participation hours over the next 10 years. In -line skating and snowmobiling each account for about 5 percent of participation hours. Table 2 Statewide Trail Activities Ranked by Hours of Participation Annual Hours of Participation Trail Activity 00• O/o of Combined Hours 2014 O/o of Combined Hours Walking /Hiking 129,655 61 149,079 68 Bicycling 31,890 15 22,552 10 Running /Jogging 24,332 12 29,870 14 In -line Skating 11,384 5 7,229 3 Snowmobiling 10,260 S 9,817 4 Cross - Country 3,669 2 2,052 1 Skiing • Total 1 21,189 100 220,598 100 Source: MnDNR - 2004 Outdoor Recreation Participation Survey of Minnesotans 26 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Regional Trends According to Metropolitan Council, 21 percent of all regional park system visits in 2009 were to regional trails and 79 percent were visits to regional parks, park reserves and special recreation features. Although Anoka County Riverfront, Minneapolis Chain of Lakes, and Mississippi Gorge are regional parks, the majority of visits to these parks are for trail use. If the trail visits to Anoka County Riverfront, Minneapolis Chain of Lakes and Mississippi Gorge area were included in the trail totals, 38 percent of all 2009 visits were to trails. Walking and biking are the top activities in the regional parks system, followed by swimming, jogging, picnicking and relaxing (Regional Parks and Trails Survey 2008). Use of Three Rivers Park District regional trails has steadily increased over the last 10 and is expected to continue to increase. There were 706,200 visits to the five regional trails open in 1999. By 2004, visits to those same trails had increased by 41 percent, to 993,000. For the entire Three Rivers Park District network of regional trails, the Council estimates that in 2009 there were over 2,700,000 visits. x ' Soo iav In the long term, regional trail visitation is expected to continue to increase in the developing areas at a rate equal or greater than the increase in population of these areas. Within fully developed areas where the population levels are expected to remain relatively stable, trail visitation levels will reflect shifting demographics of those areas. Two demographic shifts of special note are described further below. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 27 Section IV I Demand Forecast System Plan Update Metropolitan council All Recommended Additions and Changes AA Parks and Trails and Search Areas Search Corridors Boundary Adjustments © — L I I �` O Recognition of Regional Status I I I L: - • New Units Needed by 2030 O r Completing the System � .4 I I r � • I. its- -r T win L a kes Regional Trail ! _ _ " _ l N"r I y ° I_ _.4- _. l -�•� O I ' t' I f .r�� — I I I I 0 15 0 Miles I Regional Parks, Regional Park Reserves. Proposed park boundaries within Special Use Facilities and State and Federal search areas pending master plan Park Land with Existing or Approved Boundaries approval Regional and State Trails Lakes and Rivers Existing 2020 MUSA y Planned (within five years) Proposed (beyond five years) Highways and Other Major Roads State Figure 11 • 2030 Regional Parks Policy Plan - All Recommended Additions and Changes (Source: Metropolitan Council) 28 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Aging "Baby Boomer" Generation The baby -boom generation is one of Three Rivers Park District's primary user groups. For this group, their recreational preferences and habits are very well established and the demand for these activities will continue to be strong. However, as this group ages, physical limitations will require some park and trail visitors to change their recreational activities from higher intensity activities such as running, in -line skating and biking to lower- impact recreational activities such as walking, nature observation and educational opportunities. While park and trail facilities are ADA (Americans with Disabilities Act) compliant, in the future Three Rivers Park District may decide to adopt more stringent standards to remove potential physical barriers to the aging population. Programs such as Three Rivers Park District's "Trails at Your Pace" will become more prevalent. As this generation ages, trail use will initially decrease and then increase when the housing stock turns over to younger families with larger households. r Q1- f .K ♦i Immigrant Groups Metropolitan Council demographers found that about half of the total increase in population for the region from 1990 to 2000 was due to immigration of first - generation United States citizens and the births of their children. This trend is expected to continue at least through 2010. Within the region, there are three prevalent immigrant groups: Hmong/ Southeast Asians, Hispanic /Latino and Somali /West Africans. Metropolitan Council research has indicated that these visitor groups share a common approach to park and trail visitation. Specifically, immigrants often visit parks and trails in very large groups (20 or more visitors) of extended families and friends that cross all age classes. They prefer Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 29 Section IV Demand Forecast clustered picnic tables with adjacent play fields for pick -up games, shaded areas with seating for older members of their group and access to water for shore fishing. Existing Three Rivers Park District User Data Three Rivers Park District maintains an active Research and Evaluations Program that periodically interviews park and trail visitors to identify is- sues and gather suggestions for improvements. Information is gathered through on -site interviews and mail -back surveys. The following tables summarize the most recent data for the following categories: • Population and Household Descriptions • Age Characteristics • Household Income • Education Attainment • Gender • Race Table 3 Household Description Estimated Percent of Visitors Regional Trail n Live with Single, M arried Married/ Single Other P arents No Other Partnered Partnered Parent with Family at & Children & No Children at Home atHome Children Home at Home Bassett Creek 23 <1 21 31 43 <1 6 Cedar Lake 193 <1 25 38 27 9 <1 Dakota Rail 177 1 15 40 41 2 <1 Lake 146 <1 13 32 53 2 <1 Minnetonka LRT Luce Line 149 2 14 35 44 3 2 Medicine Lake 150 6 11 38 42 <1 2 MN River Bluffs 155 2 14 44 39 <1 1 LRT North Cedar 203 1 24 26 45 2 1 Lake Rush Creek 91 6 15 34 41 2 2 hingle Creek 17 6 6 38 43 <1 7 If Regional 1,304 2 17 36 41 3 1 rails II Park 2,879 4 11 53 24 5 4 isitors 30 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Table 4 Age of Those Visiting the Park District's Regional Trails (Shaded cells denote median age range.) Estimated Percent of Visitors Regional Trail n Bassett Creek 24 <1 6 2 <1 <1 2 10 19 26 34 1 <1 Cedar Lake 215 3 <1 3 2 <1 3 23 19 37 10 1 Dakota Rail 176 2 1 3 3 3 1 6 14 46 19 <1 Lake 178 2 1 2 <1 1 3 5 14 52 20 1 Minnetonka LRT Luce Line 159 7 <1 <1 <1 4 1 15 13 r34 9 3 Medicine Lake 161 1 <1 5 2 3 5 14 12 17 2 MN River Bluffs 176 <1 3 2 2 4 3 8 22 11 <1 LRT North Cedar 226 2 <1 3 1 2 6 16 18 17 2 Lake Rush Creek 96 2 2 8 2 1 6 11 16 38 14 <1 Shingle Creek 23 2 <1 5 3 3 4 16 <1 50 17 <1 II Regional 1,434 2 1 3 2 2 3 13 16 41 15 1 Trail Visitors II Park 6,937 5 5 15 1 7 5 1 6 1 14 17 16 8 1 V isitors Table 5 Annual Household Income of Those Visiting the Park District's Regional Trails (Shaded cells denote median annual income.) Estimated Percent of Visitors Regional Trail n Lessthan $25,000 $50,000 $75,000 $100,000 $150,0 000 $49,999 $74,999 $99,999 $149,999 more Bassett Creek 20 4 14 33 16 21 12 Cedar Lake 182 8 12 23 19 24 15 Dakota Rail 161 3 13 10 20 21 32 Lake 128 4 11 15 13 27 30 Minnetonka LRT Luce Line 137 1 12 17 13 27 29 Medicine Lake 134 2 10 18 18 21 31 MN River Bluffs LRT 145 1 3 18 18 25 35 North Cedar Lake 183 7 11 19 22 22 19 Rush Creek 83 2 14 25 18 23 17 Shingle Creek 17 3 12 19 24 36 6 II Regional Trails 1,190 4 11 19 18 24 24 II Park Visitors 4,361 5 16 19 22 22 16 Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 31 Section IV Demand Forecast Table 6 Highest Level of Education Completed (Row totals may not equal 100 due to rounding.) . Estimated Percent of Visitors Age 12 or Older Regional Trail n Bassett Creek 23 <1 <1 <1 21 5 48 26 Cedar Lake 190 <1 <1 2 9 8 49 32 Dakota Rail 177 <1 <1 3 11 16 42 29 Lake Minnetonka LRT 144 <1 <1 3 9 4 49 35 Luce Line 145 <1 2 2 14 6 44 31 Medicine Lake 148 <1 3 3 13 11 37 33 MN River Bluffs LRT 153 1 <1 <1 6 8 49 35 North Cedar Lake 200 <1 <1 5 14 5 41 36 Rush Creek 90 <1 <1 5 23 15 39 17 Shingle Creek 17 <1 <1 <1 16 25 27 32 All Regional Trails 1,287 <1 1 3 12 9 44 32 11 Park Visitors 3,455 1 2 8 17 12 35 26 Table 7 Gender of Those Visiting the Park District's Regional Trails Estimated Percent of Visitors Regional Trail Number of Respondents Bassett Creek 24 61 39 Cedar Lake 217 32 68 Dakota Rail 180 49 51 Lake 179 52 48 Minnetonka LRT Luce Line 163 35 65 Medicine Lake 165 39 61 MN River Bluffs LRT 177 40 60 North Cedar Lake 226 32 68 Rush Creek 98 39 61 Shingle Creek 23 46 54 II Regional Trail 1,452 40 60 Visitors II Park Visitors 7,071 49 51 32 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Table 8 Race of Those Visiting the Park District's Regional Trails Estimated Percent of Visitors ME other Native American Indian or Islander Black Alaska Bassett Creek 23 3 <1 <1 <1 97 <1 Cedar Lake 211 1 <1 2 1 92 3 Dakota Rail 175 <1 <1 <1 <1 99 1 Lake 177 1 <1 <1 <1 95 4 Minnetonka LRT Luce Line 155 <1 <1 <1 <1 94 6 Medicine Lake 160 <1 <1 1 <1 98 1 MN River Bluffs LRT 173 <1 <1 1 <1 97 2 North Cedar Lake 219 1 <1 1 <1 97 2 Rush Creek 95 <1 <1 <1 <1 98 2 Shingle Creek 23 9 <1 5 <1 86 <1 II Regional Trails 1,411 1 <1 1 <1 96 2 II Park Visitors 7,032 3 1 4 <1 89 3 • Table 9 Response to survey question, "Do You Consider Yourself Hispanic /Latino /Spanish ?" Estimated Percent of Visitors Yes No Regional Trail n Bassett Creek 24 <1 >99 Cedar Lake 207 1 99 Dakota Rail 172 1 99 Lake Minnetonka LRT 174 <1 >99 Luce Line 151 1 99 Medicine Lake 158 <1 >99 MN River Bluffs LRT 171 2 98 North Cedar Lake 216 1 99 Rush Creek 94 1 99 Shingle Creek 22 <1 >99 II Regional Trails 1,389 1 99 i t II Park Visitors 6,973 3 97 I Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 33 Section IV Demand Forecast Trail Service Area and Projected Trail Use Activity use of the Twin Lakes Regional Trail is expected to be similar to use of other Three Rivers Park District regional trails, and will provide walking, dog walking, running /jogging, bicycling and in -line skating op- portunities during the non winter months. Three Rivers Park District's seasonal -use data of existing regional trails indicates that significant use of the trail will occur in the spring, summer and fall seasons. Winter use of the Twin Lakes Regional Trail is depended on weather conditions and independent use agreements reached with local communities to main- tain and operate the trail during the winter season (defined as Novem- ber 15 through March 15). The proposed Twin Lakes Regional Trail is projected to initially generate 125,000 annual visits. The proposed trail is not expected to be a recreational destination trail for non -local residents, but rather is anticipated to be primarily used by local residents for recreation and access to the Brookdale retail outlets, Transit Center, Library, residential areas, and other regional trails. Studies performed by the Metropolitan Council indicate that regional trails with this type of use have typically seen a strong correlation between trail visits and the population of communities that these trails pass through. Because of similar community demographics, the Bruce Vento Regional Trail located in St. Paul and Maplewood was used to assist in estimating use to Twin Lakes Regional Trail. The detailed calculations are shown below. • Bruce Vento Regional Trail • Estimated Annual Visits: 205,000 • Population within 0.5 Miles: 29,287 (every person makes an average of 7.00 annual visits) • Population within 2.0 Miles: 137,720 (every person makes an average of 1.49 annual visits) Twin Lakes Regional Trail • Population within 0.5 Miles: 15,168 (15,168 X 7.00 = 106,176 annual visits) • Population within 2.0 Miles: 97,143 (97,143 X 1.49 = 144,743 annual visits) • (106,176 visits + 144,743 visits) /2 = 125,460 annual visits 34 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast r BROOKLYN PARK FRIDIFY BROO YN CENTER n TWIN LAKES North P„ REGIONAL Mississippi TRAIL R onaI 9 a Bb v�= COLUMBIA HEIGHTS i CRYSTAL NEW HOPE R088 SDALE MINNEAPOLIS Primary Service Area (2 Miles) Core Service Area (.5 Mile) Regional Trail \j\ GOLDEN VALLEY 0 1 z O J The dore Miles / R e - Regional Pa� Figure 12 Core & Primary Trail Service Area Map Table 10 Table 11 Twin Lakes Regional Trail Average Seasonal Use Distribution on Expected Use Distribution by Activity Three Rivers Park District Regional Trails Percent of T Q uarter Trail Visitation Trail Activity 0 /6 of Expected Use that Qua rter Walking /Hiking 30 December - February 8% Bicycling 60 March - May 24% Running /Jogging 8 June - August 42% In -line Skating 2 September - November 26% Other <1 Source: Three Rivers Park District Source: Three Rivers Park District Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 35 Section IV Demand Forecast Table 12 Primary Activity of Those Visiting the Park District's Regional Trails Estimated Percent of Visitors Skiing Regional7rail n Biking Walking Running Skating Other Bassett Creek 872 46 37 14 2 1 Cedar Lake 12,664 90 3 3 4 <1 Dakota Rail 6,300 87 8 2 3 <1 LakeIndepen- 560 69 18 11 2 <1 ence Lake 5,959 78 14 8 <1 <1 Minnetonka LRT Luce Line 4,810 81 12 5 2 <1 Medicine Lake 4,785 65 22 11 2 <1 MN River Bluffs 3,979 81 9 10 <1 <1 LRT North Cedar 7,622 83 9 4 4 <1 Lake Rush Creek 5,721 79 9 5 6 1 Northeast 490 66 19 10 5 <1 Diagonal Shingle Creek 1,283 64 26 6 3 1 II Park 55,045 79 12 6 3 <1 V isitors WIN LAKES RT - Projection 60 30 8 2 <1 • Table 13 survey Response to question, "Is primary use of this trail today for: recreation/ P Y 4 Y our P Y exercise, commuting to work, access to commercial /retail areas, or access to family/ friends home?" Estimated Percent of Visitors Recreation/ Comm u Regional Trail n . To Access to Access to Exercise Work Commercial/ Family/Friends Retail Areas Home Bassett Creek 24 97 3 <1 <1 Cedar Lake 206 78 17 4 1 Dakota Rail 178 95 3 2 <1 Lake 178 97 2 1 <1 Minnetonka LRT Luce Line 163 73 10 17 <1 Medicine Lake 163 92 8 <1 <1 MN River Bluffs 178 88 11 <1 <1 LRT North Cedar 223 81 10 7 2 Lake Rush Creek 97 96 2 1 <1 Shingle Creek 23 >99 <1 <1 <1 • II Regional 1,433 88 9 3 <1 Trails 36 Three Rivers Park District Draft December 6, 2010 Section IV Demand Forecast Special Needs The Park District is committed to providing access and recreational opportunities to all people, including persons with disabilities, minorities and other special - population groups. The Park District meets this commitment through appropriate facility design and programming considerations, and by actively addressing potential barriers to participation. All Park District facilities described in the Master Plan will be developed in accordance with ADA (Americans with Disabilities Act) standards and guidelines. More specifically, the Twin Lakes Regional Trail will adhere to the 2007 Minnesota Bikeway Facility Design Manual (Mn /DOT); Trail Planning, Design and Development Guidelines (MnDNR); Designing Sidewalks and Trails for Access, Part I and II: Best Practices Design Guide (FHWA); ADA Accessibility Guidelines for Outdoor Developed Areas (Federal Access Board); and ADA and ABA Accessibility Guidelines for Buildings and Facilities (Federal Access Board) unless more current guidelines and standards exist at the time of development. Mention PROWAG ?l The regional trail, associated trail heads and trail amenities such as rest stops, parking, rest rooms and water access will be designed to accommodate individuals with disabilities. In addition, the 10' wide paved trail will safely accommodate two -way directional pedestrian traffic and incorporate periodic rest stops to provide users an opportunity to rest, . overlook the natural environment, and to comfortably interact with other trail users. Compliance with ADA standards is an important goal of the trail design. The routing of the trail within existing street right -of -way makes it a challenge in certain areas to be fully compliant with ADA standards. Three Rivers Park District and local municipalities have made every attempt to identify a trail routing that minimizes these occurrences. Parking will be provided at existing local parks, shopping centers and regional parks on the trail. Regional parks will act as trailheads for the proposed trail as well as other identified key orientation points. Crossing of major roadways will be necessary because of the unique urban character of the trail. Three Rivers Park District will investigate opportunities to modify or add traffic signal timing, crosswalks and signage to insure the trail is a safe, family- oriented facility. The trail has also been designed to provide access to important local community destinations such as parks, commercial areas, community facilities, cultural destinations and transit facilities. The regional trail will pass through a variety of neighborhoods with varying demographics providing access to people with a wide range of social and cultural backgrounds. On a broader scale, the Twin Lakes Regional Trail will provide direct access to the metropolitan regional trail system for an area currently under served by regional trails (Metropolitan Council's 2030 Regional Parks Policy Plan). Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 37 Section IV I Demand Forecast The adjacent trail communities will not only have access to the Twin Lakes Regional trail, but also gain direct access to several existing regional park facilities and existing and planned regional trails. Neighborhood trail connections will be included at regular intervals as the trail develops to further increase trail access to the neighboring communities. The Park District has several programs designed to assist in obtaining access for persons for whom cost could be a barrier to participation. The "Parks for All People" program is designed to provide free passes for swimming and cross - country skiing to qualified recipients of Hennepin County economic assistance programs. Discounted camping, equipment rental, and educational programs are available. Three Rivers Park District does not charge entrance fees to its regional parks or park reserves. The Park District pursues promotional outreach activities, and works with special- interest organizations such as the Courage Center and Wilderness Inquiry to further encourage participation in activities and use of park facilities. If arrangements are made in advance, interpreters and alternative forms of printed material are available at programmed events. • • 38 Three Rivers Park District Draft December 6, 2010 Section V I Resource Assessment & Management Resource Assessment & Management Three Rivers Park District has a District -wide ecological stewardship and natural resource management program that focuses on natural resource preservation and restoration. Each Park and trail undergoes a natural resources assessment and has a specific preservation and restoration plan developed to meet existing conditions and Three Rivers Park Dis- trict goals. Similarly, cultural resources throughout the Park District are actively managed to ensure that all applicable regulatory requirements are met, and established best practices are adhered to. District -wide cul- tural resource management policies and procedures are established in the agency's Cultural Resource Management Plan (CRMP). Natural Resource Inventory Minnesota Land Cover Classes System (MLCCS) The trail project area is a predominantly developed area with small rem- nants of forest and wetland cover at the fringes of the Twin Lakes and • Shingle Creek. MN LAND COVER CLASSIFICATION SYSTEM 1 r — Impervious Tall Grasses ', ' Dry Tall Grasses . Tree Plantation }r " Forest Wetland Emergentveg. "Ty t 3 Maintained Tall Grass Wetland Forest t Open Water Wetland Open Water Short Grasses Wetland Shrubs 7/ ■ Shrubland 0 0.5 _ Mlles O e BROOKLYfJ CENTER I ! • FRIDLEY l '. TWIN LAKES REGIONAL North 1pI TRAIL P. bre 6'� R P.rK S 5 � n b 3 \ 11 7 e CRYSTAL __f _. 1 NEW HOPE y fa✓ ` ROBBINS LE MINNEAPOLIS "'allb �.. Figure 13 Minnesota Land Cover Classification System Map Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 39 Section V Resource Assessment & Management Topography The topography of the Twin Lakes Regional Trail alignment is generally flat with several lake basins. The landscape undulates mildly in areas close to the incised Shingle Creek. Rare, Endangered & Threatened Species Inventory The Minnesota County Biological Survey (MCBS) has been completed for Hennepin County. The MCBS collects data on observations (element oc- currences) of rare species, animal aggregation areas (mussel beds, colo- nial waterbird nesting areas), high quality plant communities, and unique geologic features. Element occurrences that have been documented by the MCBS within 1 mile of the Twin Lakes Regional Trail are summarized in Table 14 below. With the exception of the bald eagle, all element oc- currences documented by the MCBS are distant from the trail alignment and will not be impacted. The nesting location of the bald eagle changes over time. Seasonal work windows may be imposed if bald eagle nesting occurs in close proximity to the trail during construction Table 14 Rare, Endangered and Threatened Species Occurrences Documented Near the Twin Lakes Regional Trail Common Unique Scientific Name Last Observed Notes • Name ID Water willow 37127 Decodon 1953 Special Concern Species. verticillatus Observed in a lake (plant) approximately 3 /4 mile west of the proposed Twin Lakes Regional Trail. 37128 1948 Observed in a small lake 3 /4 mile east of the Twin Lakes Regional Trail Least darter 39229 Etheostoma 1939 Special Concern Species. microperca Observed in a small lake (fish) approximately 3 /4 mile east of the proposed Twin Lakes Regional Trail. - 44836 -- 1991 Colonial waterbird nesting area (Great Blue Heron). Observed approximately 1 mile from the proposed Twin Lake Regional Trail. Black 63105 Ligumia recta 2007 Special Concern Species. Sandshell (mussel) Mississippi River. Bald Eagle 78144 Haliaeetus 2005 Special Concern Species. Observed nesting in lake approximately 1 /2 mile west of the proposed Twin Lakes Regional Trail. Fawnsfoot 110167 Trucilla 2007 Not listed. Observed donaciformis in Mississippi River (mussel) approximately 3 /4 mile from the proposed Twin Lakes Regional Trail. 40 Three Rivers Park District Draft December 6, 2010 Section V I Resource Assessment & Management Native Plant Communities Inventory The only native plant community that the MCBS has inventoried within a 1 mile buffer of the proposed trail is high quality Floodplain Forest on an island on the Mississippi River, approximately 1 mile from the proposed alignment. Vegetation Current vegetation in the Twin Lakes Regional Trail project area is domi- nated by disturbance adapted plant communities typically found in post - agricultural, urbanizing, roadside areas. Disturbance - adapted herbaceous roadside plant communities typically are dominated by smooth brome, reed canary grass, kentucky bluegrass, canada goldenrod, and giant goldenrod. Disturbance - adapted forested plant communities are often dominated by box elder and green ash in the tree stratum, and prickly ash, European buckthorn and glossy buckthorn in the shrub stratum. a � •� �; fir.. t 4 ♦y 1 Regional trail vegetation on the east side of the Twin Lakes. Lakes, Wetlands & Streams The Twin Lakes Regional Trail runs past Twin Lakes, a Minnesota Depart- ment of Natural Resources (MnDNR) Public Water. Twin Lakes are on the United States Environmental Protection Agency ( USEPA) 303d List of Impaired Waters - the impairment being eutrophication and excessive nutrients. The trail also crosses Shingle Creek (County Ditch 13), a MnDNR Public Water. Shingle Creek is on the USEPA 303d List of Impaired Waters - the i s impairment being low aquatic macro invertebrate diversity and low dis- solved oxygen. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 41 Section V Resource Assessment & Management The National Wetland Inventory (NWI) has mapped wetlands in the vicini- ty of Shingle Creek and the associated floodplain. Wetland types mapped • include seasonally flooded (diked or impounded) palustrine emergent wetlands (PEMCd) and seasonally flooded (diked or impounded) decidu- ous forested wetlands (PFO1Cd). Other areas along the proposed trail alignment are fully developed. .rl _ Shingle Creek Regional Trail and Parkway north of Bass Lake Road. .as , North Mississippi Regional Trail along the Mississippi River. 42 Three Rivers Park District Draft December 6, 2010 Section V I Resource Assessment & Management Watershed Most of the Twin Lakes Regional Trail project area lies within the Watershed 07010206, within the jurisdiction of the Shingle Creek and West Mississippi Watershed Management Commissions. Ro s 0 � I san Twp. Dayton mplin �AV Coon Rapihs BI. *N., Is Grove rook) Park 'orcoran Fi Idle Brook Medina ;; p Hop bbinsd Is � M n poi s tr t Watershed Boundaries .n: SHINGLE CREEK E WEST MISSISSIPPI Figure 14 Watershed Boundaries Map (Source: Shingle Creek and West Mississippi Watershed Management Commissions) Ground Water Organic soil deposits potentially present in the vicinity of Shingle Creek likely formed as a result of abundant groundwater input. Organic soils may be unstable for trail construction and might require removal and backfill with granular material. Given the relatively deep deposits of coarse min- eral soils elsewhere in the project area, the apparent groundwater table is typically well below the soil surface. Scattered soils in the project area with excessive fines may have a temporarily perched groundwater table near the soil surface for short periods. There are no calcareous fens, a rare groundwater fed wetland type, in the project area. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 43 Section V I Resource Assessment & Management Soils The Natural Resources Conservation Service (NRCS) has mapped the soils • of Hennepin County. Table 15 summarizes soils mapped in the vicinity of the Twin Lakes Regional Trail. Table 15 Summary of Mapped Soils Near the Twin Lakes Regional Trail Map Unit Symbol Map Unit Name Likely Pre - Settlement Vegetation U31B Udorthents - cut and fill Unknown. Soils associated with land, 0 -2% slopes urbanized landscape. U2A Udorthents, wet Unknown. Soils associated with substratum, 0 -2% slopes urbanized landscape. Associated in part with Shingle Creek UlA Urban land - Udorthents, Unknown. Soils associated with wet substratum, urbanized landscape. Associated in complex, 0 -2% slopes part with Shingle Creek. U4A Urban land - Sandy areas likely vegetated with Udipsamments, cut and dry sandy prairie in pre settlement fill land, complex, 0 -2% times. slopes D34B Urban land - Hubbard Relatively flat portions likely complex, 0 -8% slopes vegetated with dry sandy prairie, • steeper ravines likely with dry shrubs such as eastern red -cedar encroaching. D17A Duelm loamy sand, 0 -2% Likely vegetated in pre - settlement slopes times with dry sandy prairie. D31A Urban land - Duelm Likely vegetated in pre - settlement complex, 0 -2% slopes times with dry sandy prairie. Natural Resource Management Restoration of Degraded Resources The majority of the proposed Twin Lakes Regional Trail passes through a highly urbanized landscape. Much of the proposed Trail and adjacent buf- fer is relatively narrow and few remnants of natural communities remain. In highly ecologically disturbed landscapes, an assessment of native veg- etation can help to guide appropriate restoration efforts. Review of soils mapping, native vegetation maps and familiarity with the lay of the land will provide direction to plant community restoration. Such restoration may include re- vegetation of woodland trail buffers. In a few areas where the trail buffer is wider than the typical trail, resto- ration of degraded natural plant community remnants may be possible. These areas, if greater than several acres, could be restored to a native woodland or prairie community as conditions permit. With appropriate • interpretive signage, such restorations can provide visual and educational 44 Three Rivers Park District Draft December 6, 2010 Section V I Resource Assessment & Management interest to the recreationist and re- establish connections with the distant • natural heritage of Hennepin County. Vegetation Management For ease of maintenance, much of the typical sections of trail would be buffered with mowed turf grass interspersed with planted or naturally growing trees. Turf grass buffers would be mowed regularly and sprayed for fertilization and weed control as necessary. Planted trees along the Trail would be spaced close enough such that they buffer the surround- ing built environment or far enough apart to provide vistas where desir- able. Trees, naturally growing or planted, would be maintained to grow into an urban woodland with a canopy over arching the trail. Diseased or disease -prone trees would be removed and replaced with healthy disease resistant species. Overhanging branches that may pose a safety hazard to recreationists or compromise the health of the tree will be removed. Considerable maintenance will be required initially in order to keep in- vasive species in check in restoration areas or otherwise requested by host communities. Typical invasive species in upland areas in the north Metro area are leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), European buckthorn (Rhamnus cathartica), and glossy buck- thorn (Rhamnus frangula). Common invasives in wet areas are reed ca- nary grass (Phalaris arundinacea), purple loosestrife (Lythrum salicaria), • and narrow - leaved cattail (Typha angustifolia). Appropriate management techniques depend on the vegetaion type and surroundings. Burn man- agement might be feasible in prairie restoration areas. Spot spraying with herbicides may be appropriate in certain instances. Hand weeding, which could involve the use of supervised volunteer groups, may be also be an option. After several years of intensive management, restoration areas will be less prone to invasive species establishment. Wildlife Management A typical assemblage of wildlife adapted to urbanized conditions is ex- pected throughout the project area. Common mammals may include grey squirrel, red squirrel, raccoon, skunk, white - tailed deer, coyote, red fox, and potentially grey fox in more wooded areas. Common bird spe- cies that thrive in urbanizing conditions include brown- headed cowbird, English sparrow, grackle, blue jay, cardinal, robin, and crow. Common raptors in an urbanized or partially agricultural setting include red - tailed hawk and Cooper's hawk. Water Resource Management Best management practices will be followed during trail construction and maintenance activities including erosion control measures and vegeta- tion establishment as required. Since the Twin Lakes Regional Trail route passes through a fully developed suburban area, the storm sewer and ponding owned by the host cities, Hennepin County, and Mn /DOT will Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 45 Section V I Resource Assessment & Management primarily serve to take surface water run -off. On a localized basis where space permits, permanent vegetated buffers may be employed adjacent i s the trail surface to minimize surface water run -off from the trail itself. Trail construction will comply with the Park District's non - degradation policy. Cultural Resources Inventory Inventory Search The Minnesota State Historic Preservation Office (SHPO) conducted a Minnesota Archeological Inventory and Historic Structures Inventory search for the township /range /sections traversed by the proposed Twin Lakes Regional Trail alignment (inventory search area). The SHPO data- base contains previously recorded archeological and historic architectural properties. Archeology No archeological sites were previously identified in the inventory search area. Architectural History Over 500 previously recorded architectural history properties were found in the inventory search area. Most were not identified as listed or eligible to be listed on the National Register of Historic Places (NRHP). Of the 17 • NRHP - listed or NRHP - eligible properties in the inventory search area, six were more than one block away from the proposed regional trail align- ment. Three railroad bridges within a block of the alignment were record- ed as NRHP - eligible, but are indicated as having been razed. The following properties are recorded as NRHP - eligible and are located in a small area approximately one block south of the southern terminus of the proposed trail alignment, south of TH 100 and west of Bottineau Boulevard: • House - 4318 W. Broadway, Minneapolis • House - 4351 W. Broadway, Minneapolis • House - 4350 W. Broadway, Minneapolis • House - 4345 W. Broadway, Minneapolis • House - 4339 W. Broadway, Minneapolis • House - 4337 W. Broadway, Minneapolis • House - 4331 W. Broadway, Minneapolis • Robbinsdale Historic District at W. Broadway and Lakeland Ave., Minneapolis The distance and separation from the proposed trail alignment suggests Draft December 6 2010 46 Three Rivers Park District , Section V I Resource Assessment & Management that impacts to these properties are unlikely. • Future Investigation The SHPO advises that, because the majority of archaeological sites in the state and many historic architectural properties have not been recorded, important sites or structures may exist within the search area and may be affected by development projects within that area. The SHPO further advises that additional research, including field survey, may be necessary to adequately assess the area's potential to contain historic properties. If the regional trail receives federal funding, it will be subject to review under Section 106 of the National Historic Preservation Act of 1966 (as amended). Section 106 review would determine the need for additional survey as well as would make a determination as to effect of the project on any identified NHRP - eligible resources. Cultural Resources Management Policies and Actions Cultural resources are managed by Three Rivers Park District in accor- dance with the policies and procedures set forth by the agency's Cultural Resources Management Plan (CRMP). For all new development pertaining to the Twin Lakes Regional Trail, the design - development phase of con - struction will include cultural resource evaluation as outlined in the CRMP. Unanticipated discoveries uncovered during trail construction will likewise be managed in accordance with established procedures. Public education and access to cultural resources may be provided where appropriate. Cultural Resource Research Needs Per the recommendation of the Minnesota State Historic Preservation Office (SHPO), additional research will be conducted during the design - development phase to ensure that potential cultural resources which have not been previously identified are not adversely impacted. All cultural resources identified within the APE will be incorporated into the Park Dis- trict's Cultural Resources GIS Database for easy future reference. Re- sources within or adjacent to the Twin Lakes Regional Trail corridor that exhibit a high interpretive potential will be further evaluated for public program development opportunities. i Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 47 Section V Resource Assessment & Management • This page left intentionally blank 48 Three Rivers Park District Draft December 6, 2010 Section VI Development Concept Development Concept Development Plan Currently, first -tier suburban residents have limited access to regional trail systems. Specifically, the fully - developed cities of Brooklyn Center and Robbinsdale along the Twin Lakes Regional Trail have few opportunities to significantly expand their trail system in the future. This proposed regional trail provides the communities direct access to a regional trail and park system with connections to the Mississippi River. I e _ hr An existing segment of the Twin Lakes Regional Trail near lower Twin Lake. Implementation It is anticipated that the Twin Lakes Regional Trail will be improved in stages, with the construction of various stages driven by local factors such as availability of land, timing of adjacent roadway improvements, and public desire to expand the existing recreational trail system, and financing. Until the corridor is fully developed, gaps in the trail will exist and may be overcome by existing sidewalks or interim use of city streets. However, the ultimate trail geometry will consist of a 10' wide paved surface separate from any adjacent roadway, so that trail users will not share the roadway with motorized vehicles. The development and implementation of unconstructed trail segments and upgrading of certain trail segments to Three Rivers Park District standards Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 49 Section VI Development Concept will contain additional activities beyond the Master Plan phase. These activities typically include the preparation of final construction documents, additional property and natural resource analysis, final cost estimates, City staff review opportunities, and public approval meetings (such as City Council, Park and Recreation Commission meetings and Neighborhood Open Houses). The cost associated with this planning and development process is not included within the identified trail implementation costs. These planning and development costs will be prepared and identified prior to the commencing final construction document phase. In some cases, the host city will or may seek Park District approval to design and construct the trail. Construction commences when the Park District issues a Notice -to- Proceed to the city contingent on the following: • Conveyance of easements to the Park District creating a continuous and contiguous trail corridor. • Park District's approval of plans and specifications for trail construction of the trail. • Funding of the project in the Park District's Capital Improvement Program by the Park District's District Board of Commissioners. At this time, the Park District does not anticipate any direct revenue generation from the development of the trail system. However, secondary revenue sources may be available. For example, the proposed regional trail system provides a more direct and clear connection to the existing regional park system, potentially resulting in increased park visitor and revenue opportunities. Permitted Trail Uses The trail will be open to the general public, and its intended uses will include pedestrians (walkers and joggers), in -line skating, bicycles and other uses mandated by state law including, but not limited to, electric personal assistive devices. Motorized and equestrian uses will be prohibited, except for motorized vehicles used by the Three Rivers Park District for maintenance or law enforcement activities. Trail Design Guidelines The proposed trail alignment will be predominantly implemented within existing street right -of -way (ROW) and parkland owned by local municipalities and government agencies. The optimum trail width is a 10' wide paved surface separated from vehicular traffic, although there may be instances that require the trail to be temporarily on -road or reduced in width for short segments or until long range plans for property acquisition are developed due to limited right of way or adjacent landowner concerns. Future trail segments are to be constructed with bituminous paving for ease of maintenance and comfort of users. 50 Three Rivers Park District Draft December 6, 2010 Section VI Development Concept f � NOTES • 0 WIDTH AT MAX. 2% SLOPE ON S SHOULDER. 0 31 MAXIMUM SLOPE (H OUTSIDE OF 2' SHOULDER 4 ® MIN 3 CLEARANCE FROM TREES OR OTHER k�. OBSTRUCTION t t SEE PLAN SHEETS FOR TRAIL t L STRIPING. ' ® BOULEVARD VARIES IN WIDTH. BUT SHALL BE A MIN OF ' 2' SIGN INSTALLATION NOT APPLICABLE IN ALL AREAS. © MAX. CROSS SLOPE 2% SEE CROSS SECTIONS FOR Maintain 10' Venical SLOPE DIRECTION Clear Zone Above Trail. Trim Tree Branches Accordingly. 4 ® 4.Q* Min. 7Restoration Plan - _ R oadwaY Seeding and Notes 10' Topsoil. Typ - -- Figure 15 . Preferred Typical Trail Section A number of factors must be taken into consideration as final design of the regional trail is constructed, such as the following: • Right -of -way width • Topography and drainage impacts • Existing vegetation • Curb cuts and driveway crossings • Overhead and subsurface utilities • Intersection crossings • Proximity to adjacent buildings, homes, businesses and industrial facilities Where possible, trails should be separated from the roadway with an eight -foot wide boulevard [confirm] However, in limited circumstances, trails can parallel the roadway at back of curb separated from the road by a paved two -foot wide `clear zone." This two -foot zone provides a buffer between the trail users and motorists and should be striped to delineate the edge of the trail. Curb ramps should be used at all roadways. Trails should have a maximum of five percent (5 %) grade and a cross slope of two percent (2 %) for drainage. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 51 Section VI Development Concept The following sources should be referred to when preparing the design and construction plans: • Guide for the Development of Bicycle Facilities, prepared by the American Association of State Highway and Transportation Offi- cials (AASHTO), 1999 • Selecting Roadway Design Treatments to Accommodate Bicycles, Federal Highway Administration, January 1994 • MN /DOT Bikeway Facility Design Manual, Minnesota Department of Transportation (MN /DOT), March 2007 • State Aid Rule 8820.9995 Minimum Bicycle Path Standards, State Aid for Local Transportation • Manual on Uniform Traffic Control Devices (MMUTCD), MN /DOT, May 2005 • Public Right of Way Access Guidelines (PROWAG) Selected Trail Alignment The trail route is comprised of existing trail on the west end and a future trail extension to the east. This plan generally refers to the portion of the trail route originating at the interchange of Bottineau Boulevard (CSAH 81) /TH 100 to the interchange of Bass Lake Road /TH 100 as the "West • Segment." The portion of the trail from TH 100 east to North Mississippi Regional Park is referred to as the "East Segment." A series of detailed plan views of the trail is found in the report's Appendix B - Trail Plans. Bottineau Boulevard /TH1OO to Bass Lake Road /TH 100 West Segment At its western end, the Twin Lakes Regional Trail originates in the south- east quadrant of the Bottineau Boulevard (CSAH 81) and TH 100 inter- change near the Twin Lakes. At this location, there is a public parking lot constructed by Mn /DOT in 2 , and the trail connects with the planned Crystal Lake Regional Trail. The parking lot serves these regional; trails in addition to providing boat access to Twin Lakes. From this trail conflu- ence, the Twin Lakes Regional Trail and the Crystal Lake Regional Trail share a 1/4 mile trail segment between the parking lot and the TH 100 underpass. Immediately prior to the TH 100 underpass, the two trails split. The Crys- tal Lake Regional Trail passes underneath Highway 100 on the southwest side of the canal while the Twin Lakes Regional Trail crosses over the in existing box culvert for the canal and returns back dow n passing under - neath TH 100 on the northeast side of the canal. TH 100 is a barrier to non - motorized transportation, but the underpass also establishes a rec- ognizable gateway feature to the trail. 52 Three Rivers Park District Draft December 6, 2010 Section VI I Development Concept • _. Nd System Kiosk/ Trail Kiosk/ a Brookryn Directional Sign Existing Twin Lakes Trail a � a ansei L Directional a 3 c Proposed Twi n Lakes Trail Cent Ba v keRd Sign Regional Trail c 00 3 x' 57th Ave o 0 0.25 as ` **see** FRIDLEY M;,PS U Brookdale s co` Mall ••.• Desired Long -Term System Kiosk/ BROOKLYN CENTER ••' Connection Trail Kiosk/ .• Directional Sign a �� • • •.• Interim Connection Potential Future Trail Connection Twin Lakes 53rd Ave 53rd Ave a Sh zn,4/ PPP MINNEAPOLIS LL � a P ao n d/ 5Mh Ave North v a Mississippi as 49th AveN Regional System Kiosk / I�r Ave k Directional ii Sign I wide Canadia P006,Rai/ and Trail Fdl Ryan •'� Potential Future Lake Trail Connection ROBBINSDALE _ Memorial Parkway Regional Trail Planned Twin Lakes Park victory Memorial Pkwy Crystal Lake Regional Trail Figure 16 Selected Twin Lakes Regional Trail Alignment Map • The Twin Lakes Regional Trail skirts the edges of the Twin Lakes in both Robbinsdale and Brooklyn Center before beginning a generally north and east trajectory through Brooklyn Center to North Mississippi Regional Park. It provides long vistas across the Twin Lakes chain and then passes through Twin Lakes Park, a Brooklyn Center city park with playground and picnic facilities. At the north end of Twin Lakes Park, there is a miss- ing link in the trail route continuity — a one block segment along Twin Lakes Avenue. The plan calls for constructing a trail along Twin Lakes Avenue between Lakeside Avenue and Lake Breeze Avenue to provide a continuous trail. The route then follows Lake Breeze Avenue east and turns north onto Aze- lia Avenue. Dependent on redevelopment, another potential future trail connection" follows Lakeside Avenue east and curves north along Azelia Avenue through the vacant Northwest Athletic Club site. Both routes pass through a residential neighborhood. Heading north on Azelia Avenue, the trail leaves the residential area, crosses the freight rail line at- grade, and passes through a small commer- cial and light industrial area before turning north on France Avenue along adjacent residential properties. After several blocks, the trail route turns east along 53rd Avenue where single family residential is complemented e by multi - family residential near the turn north onto Old Osseo Road which parallels Brooklyn Boulevard to 55th Avenue. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 53 Section VI I Development Concept • \j i . l L- Regional trail approach to the Twin Lakes canal and underpass of TH 100. Turning east, the route crosses Brooklyn Boulevard at 55th Avenue. The crossing on the south side of the intersection is another missing link in the West Segment requiring construction of new trail and intersection ad- justment to establish continuity. Three Rivers Park District will investigate the crossing of Brooklyn Boulevard to improve pedestrian safety and ac- • cessibility at the intersection. Potential improvements could include sig- nal countdown timers and /or traffic signal timing adjustments pending further study. After crossing Brooklyn Boulevard, the trail route follows the south side of 55th Avenue and then follows the west and north edge of the Brookdale Mall via Xerxes Avenue and Bass Lake Road. The current retail buildings is set back distant from the perimeter roads and trail which primarily pass alongside its extensive surface parking areas. The route crosses several mall entrances which are signalized intersections. Future retail redevel- opment will recognize the trail alignment and user safety in its design. Located on the opposite side of Bass Lake Road from the mall is Brook- lyn Center Transit Center. The close proximity of the trail to the station improves access to transit and offers up the possibility of multi -modal commuting. Passing the Brookdale Mall eastbound, the selected alignment follows the most direct route across TH 100 on the Bass Lake Road /57th Avenue bridge. Currently, this route does not meet Three Rivers Park District trail standards due to restricted sidewalk width but is the desired long -term connection. The Park District has initiated discussions with Mn /DOT and Brooklyn Center on the feasibility of modifying the bridge to eventually • accommodate the regional trail. Mn /DOT is currently studying the possi- bility of accommodating the regional trail in conjunction with its planned 54 Three Rivers Park District Draft December 6, 2010 Section VI Develo Development Concept t P P • Existing Shingle Creek Regional Trail pedestrian bridge over TH 100. Existing Bass Lake Road /57th Avenue bridge over TH 100. re- decking in 2013. Until the Bass Lake Road /57th Avenue bridge re- decking is completed, the trail route will utilize an interim connection by following Shingle Creek Parkway south to the existing pedestrian bridge over TH 100. Additionally, with the redevelopment of Brookdale Mall under study, an opportunity may present itself to create an additional trail route at the southern edge of the mall property from 55th Avenue to the Shingle Creek Regional Trail pedestrian bridge. This additional trail route is identi- fied on subsequent maps as a "Potential Future Connection." Bass Lake Road /TH 100 to North Mississippi Regional Park East Segment Twin Lakes Regional Trail exists from the end of the Shingle Creek Re- gional Trail pedestrian bridge to Logan Avenue along the interim connec- tion. East of Logan Avenue, the continuation of the selected route along 57th Avenue requires new trail construction to North Mississippi Regional Park. The land use adjacent the route is exclusively residential with stan- dard block configurations of approximately 300' east /west by 600' north/ south. Presented with this extensive grid of streets to navigate, several Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 55 Section VI Development Concept potential routes to extend the trail from TH 100 to North Mississippi Re- gional Park were evaluated and considered. Ultimately, 57th Avenue was • identified as the selected alignment as it best meets Three Rivers Park District's established Guiding Principles (see Section II) and is strongly supported by representatives from the Task Force. East of TH 100 extending to Humboldt Avenue, 57th Avenue is within Hennepin County's jurisdiction as a County State Aid Highway (CSAH). At Humboldt, 57th Avenue transitions to a city street under Brooklyn Center's jurisdiction. In its existing configuration, from TH 100 to Logan Avenue, 57th Avenue has two traffic lanes in each direction. At Logan Avenue, 57th Avenue narrows to one lane of traffic in each direction, and one parking lane on each side. There is an existing continuous concrete sidewalk on the south side of 57th Avenue. There is no sidewalk on the north side. The Twin Lakes Regional Trail is proposed to follow the south side of 57th Avenue replacing the existing sidewalk. There is one signalized intersec- tion at Logan Avenue and signed 4 -way stops at Humboldt Avenue and Dupont Avenue. For the remainder of the corridor, the cross streets re- quire vehicles and bicycles to stop at 57th, while 57th traffic continues unstopped, thus allowing vehicles and bicycles to travel longer stretches without having to stop at the cross streets. Throughout the east segment, the route crosses fourteen residential driveways, one alley and one com- • mercial driveway. Embedded in the neighborhood fabric, the Twin lakes Regional Trail will be easily accessible to neighborhood residents, thereby increasing recreational opportunities. ANEW J' I I! 1 p �Y 57th Avenue existing conditions looking east. 56 Three Rivers Park District Draft December 6, 2010 Section VI Development Concept North Mississippi Regional Park lies at the eastern terminus of the trail route. At its eastern end, the trail route crosses to the north side of 57th Avenue at the Camden Avenue intersection and then crosses the 57th Avenue Bridge over Interstate 94 to arrive at its destination, North Mississippi Re- gional Park. The bridge currently has sidewalks that do not meet regional trail standards. Based on the overall bridge deck width, the traffic lane widths could be narrowed and the sidewalk widened to accommodate the regional trail. From this key location, the trail provides further access to other trails and destinations along the Mississippi River. There are new opportunities created for loop trails through North Mississippi Regional Park to the existing City of Minneapolis trail along 49th Avenue and other trails. Corridor Width and Public Services The trail will primarily follow public streets. The right -of -way width of the various streets differs, and detailed right -of -way and property mapping should be consulted in any subsequent acquisition and design phases. Field review of the several existing bridge crossings along the trail route has revealed that the existing pedestrian and bicycle facilities on them do not meet current trail design standards. The Park District will continue to explore opportunities to upgrade these features on an incremental basis in conjunction with the appropriate jurisdictional agencies. In the west segment, the trail route exists as a 10 foot wide off -road bituminous trail in some locations and concrete trail in others. The trail improvements in this segment have recently been constructed as part of local road improvement projects. Extensive field review has revealed that Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 57 Section VI Development Concept some segments meet the Park District's design standards, while others do not. In light of their relatively recent construction, Three Rivers Park District intends to utilize the existing trail as -is for the time being. As local road reconstruction projects allow, the Park District intends to upgrade these non - conforming segments. Figure 17 below maps which segments are compliant. Table 16 on the next page summarizes the issues with dif- ferent segments and identifies potential reconfiguration options. Additionally, the jogging nature of the route in the West Segment, as it alternates between east -west and north -south streets, creates tight turn- ing radii at intersections and limited sight lines. Special provisions, such as signage informing users of the route ahead and mirrors, may be added to improve trail visibility if deemed appropriate. In the East Segment, the existing 57th Avenue roadway cross section does not provide adequate space between the curb and right -of -way limit to construct the trail to Park District design standards. At a minimum, the curb line will need to be altered on the south side to create the necessary space to accommodate the trail. Several options have been explored and are detailed later in this section. V Its 10 WPM % ak l 6 .0, {J��ii,�16 .,�' +e l.D��a1 ,7�y! t� +emh t {r lillyp :�1 ".P s. I 77� � ' 71 c VIA ✓ . - .. _ . }r Selected Regional Trail Alignment yy • % Exletllp Ini, Mar - I Ye•..'w - � 1 ',• `�. -_ '1 Msele ]'Cher Zonae (t F lil� awM,em s,a�, IReana.a vmml Legend ' 5�f? \�`ayaq Y' +y'i f.� j ® Scowls �• w Sl'� •L1� - , } ` Toe, ; , _ r S...ti v � « $'ms s:=�I �- PW T R Phnmtl Rpbne Tnl- CXyWMPh e l rf` , R i ' •�I' 1.1_Y- Ye ' �� �� I rr RWbna Paan Y. l L' • MunWw Bounaanee d � ts1. rEt. 'yZdcP'£ ti. rT,e �~ w. Pen,e Figure 17 Existing Regional Trail Conditions Assessment Map 58 Three Rivers Park District Draft December 6, 2010 9 0 0 o Table 16 ,L Existing Trail Segments Analysis and Future Reconfiguration Options n Back of Curb Section (Restricted Width) N OPTIONS TO BRING INTO CO MPLIANCE IN 3 'IS VIDTHS (APPROX DISTRICT DESIGN STANDARDS (p TRAIL RESTRICTING • TRAIL SEGMENT VI T C OMBINATIO N O •• • • "••• '••• FROAD RELOCATE PA WIDTH '• • ! '• N NARRO O �? ■ Retaining walls ■ Two travel lanes O LAKE BREEZE AVENUE 10' 0 0'- 2 + ■ Signage ■ Seasonal on- street X parkin AZELIA AVENUE 10' 0' 0' ■ Embankment Three travel lanes X ■ Retaining walls No parking ■ Fencing ■ Two travel lanes FRANCE AVENUE 9' 2' C 1' ■ Embankments ■ On- street parking X ■ Signage 53RD AVENUEIOLO ■ Retaining wall M. Two travel lanes OSSEO ROAD CORNER 10' - 11' 0' 0' ■ Utility manhole 11111 No parking X ■ Retaining wall ■ Four travel lanes 55TH AVENUE 10' 0 0'- 2 + ■ Signage ■ No parking X ■ Fire hydrant BROOKDALE PARKING 10 0' 2'+ a Parking lot travel X LOT lanes � Boulevard Section (Restricted Width) r - FPAILSE T (D ZONE WIDTHS OPTIONS T• BRING INTO CO MPLIANCE TRAIL W(APPROX) RESTRICTING DISTRICT DESIGN STANDARDS WIDTH ROAD PARCEL ELEMENTS RELOCATE TRAIL TO BACK r) Uri OBTAIN EASEMENT R 70 O t(o ■ Embankments E5, FRANCE AVENUE 10' 1.5' - 5' 0' ■ Signage X G ■ Utility Poles — 53RD AVENUE 10' 1.5' - 5' 2'+ ■ Signage X < _ (D 3 0 tv 3 rD rt � n 11 O 7 D n (D Ln _0 ko '-r Section VI Development Concept Primary Trail Design Elements Trail Pavement 11 0 The proposed unconstructed segments of trail will be designed in accor- dance with applicable guidelines established by the American Association of State Highway Transportation Officials (AASHTO), the Federal Highway Administration (FHWA), Minnesota Department of Transportation, and State Aid for Local Transportation. The preferred trail cross section is ten feet wide with a three -foot grass clear -zone on each side and a bitumi- nous surface. Bituminous trail surface is preferred surface treatment be- cause it is a cost effective, does not migrate toward adjacent properties, and is less prone to erosion than aggregate surfaces. Bituminous trails offer a wide variety of trail uses including bicycling, walking, running, and in -line skating, which are popular activities on other Three Rivers Park District regional trails. In addition, most of the existing trail segments of the Twin Lakes Regional Trail have bituminous surfaces. Some segments previously constructed near Brookdale Mall are concrete. Trail Crossings The urban setting for the Twin Lakes Regional Trail requires that it coex- ist with the higher volume roadways that serve transportation needs. In particular, the trail route crosses TH 100 twice and I -94 once at grade - separated conditions as described previously. The investigation of options to improve and maintain existing trail segments that currently do not meet trail standards will be critical in preserving the trail's continuity. There are also numerous locations where the trail traverses established roadways at -grade and one railroad as well. Measures will be taken to inform the roadway and trail users of each other's presence, and to con- trol traffic flow accordingly. Generally, where the trail crosses a roadway, the crossing will be marked with safety signage and surface paint to alert motorists and trail users. As vehicular traffic further increases, there may be a need for additional traffic signals or modifications to existing signal- ized intersections. Heightened design attention will also be necessary for driveway and al- ley crossings which will be marked with signage to alert trail users of the upcoming crossing. General warning signs may be placed in areas with greater congestion. In all cases, existing vegetation and other potential visual obstructions will be evaluated and additional vegetation will not be planted in the required clear -zones so sight lines can be maintained. Spe- cial provisions, such as mirrors, may be added to improve trail visibility from driveways if deemed appropriate. 60 Three Rivers Park District Draft December 6, 2010 Section VI Development Concept A r 4;. .�„ • Regional trail crosswalk at Xerxes Avenue and 55th Avenue. Supporting Trail Elements Trail head access, signage, and rest stops are important elements of re- gional trails. Their proper design and placement add both aesthetic and functional value to the trail. . Trailheads - Kiosks Trailheads are important elements because they provide amenities visi- tors seek to prepare for trail use and a location for trail access. Primary trailheads on the Twin Lakes Regional Trail are located at Twin Lakes Park and at North Mississippi Regional Park. They include standard Park Dis- trict trail signage to provide orientation. Other trail head amenities may include parking, rest -room facilities, drinking water, benches or tables, bicycle racks, trash receptacles, and space for people to prepare before getting on the trail. Additionally, an orientation point is located mid -way along the route on the north side of Brookdale Mall. Wayfinding Signage The unique nature of this regional trail in an urban setting requires direc- tional and identification route signage at strategic points to delineate the route for users. Signs should be used to provide: 1. Direction to the next trail segment when gaps exist within the network. 2. Information and direction to other user amenities, such as drink- ing fountains, rest rooms, bicycle racks, etc. 3. Visual identification of the trail system. 4. Distances to other regional trails /parks and community destina- tions. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 61 Section VI Development Concept Traffic control signs, such as stop signs at road crossings and street name signs at bridges and intersections, will be installed on the trail. Informa- tional and directional signage will be consistent with the Park District's system -wide Trail Signage Plan. Three Rivers Park District utilizes three levels of signage it employs for wayfinding as described below. System Kiosk • Located at beginning /end of trail and at halfway point if trail is greater than 10 miles. • Includes Three Rivers Park District Regional Trail Map, regional trail rules and general information. Regional Trail Kiosk • Located approximately every 2 miles. • Includes Regional trail map and a two -mile by two -mile aerial cen- tered on kiosk depicting points of interest and support facilities (bath- rooms, food, parking, etc). Directional Signage • Located approximately every mile; directs users to other trails, parks and commercial destinations. • Includes mileage to beginning and end of regional trail as well as di- rection and mileage to significant points of interest within 1 mile that are: • Connected to the regional trail via an existing trail, and • Have a regional draw and /or serve the regional trail users (bath- rooms, water, parking, etc). The Selected Twin Lakes Regional Trail Alignment Map (Figure 16/p53) shows existing and proposed signage locations recently installed by the Park District. ■ r,. ti Three Rivers Park District trail kiosk Three Rivers Park District directional signage 62 Three Rivers Park District Draft December 6, 2010 Section VI Development Concept Trail Traffic Signage and Devices • In addition to informational and wayfinding signage, Three Rivers Park District engineering staff will review and develop plans for providing traf- fic control signs and devices, such as trail stop signs and center line pave- ment markings. Signs and devices should reflect the physical characteris- tics and usability of individual trail segments and the system as a whole. Thus, as a trail segments are developed (or reconstructed with adjacent roadway projects), trail signs and devices may require modification. The cost to add traffic control signs and devices to a regional trail in a first -ring suburb is approximately $3,000 per trail mile. Rest Stops Rest stops on regional trails are useful elements because they provide places for trail users to exit the trail and an area for amenities that are not generally found mid - corridor such as trash receptacles, benches and bicycle racks. These simple but important amenities can serve to rein- force understanding of the trail route as users pass through and improve user experiences when a respite is needed. Locations for rest stops will be evaluated and incorporated into the design of the Twin Lakes Regional Trail as appropriate as part of the design implementation. 4 l Existing rest stop along the regional trail on Xerxes Avenue. Drainage In many locations, the drainage of the trail is similar to that of a typical sidewalk. As such, storm flow sheets over the trail pavement and onto the adjacent roadway, where it is collected and conveyed by the roadway stormwater drainage system. In areas where the trail is on an independent alignment, such as through parks or other green spaces, the trail must be designed to function during periods of wet weather. Stormwater must • shed rapidly from the surface of the trail, and concentrated flows must be conveyed beneath the trail surface, so as not to create a hazardous situation for the users. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 63 Section VI Development Concept Typical Trail Cross Sections As noted earlier, some segments of the route are constructed while oth- • ers require further planning and design to determine how to incorporate the preferred typical trail section into the existing neighborhood fabric. Following are illustrations of potential options for implementing the un- constructed trail segments on 57th Avenue from Logan Avenue east to North Mississippi Regional Park. Additional investigation is needed for fi- nal design. Final design may follow one of these options shown or lead to the development of a new cross section configuration. Along 57th Avenue, the trail route follows the south side of the road where there is currently an existing sidewalk. The right -of -way between Logan Avenue and Dupont Avenue is 60 feet. All options explored suggest that the curb to curb roadway width would require narrowing to provide a wider trail and required clear zones. Options explored included removal of the parking bay on one side of the street, or both. East of Dupont, the same modifications noted above hold true, and additionally, the right of way narrows to 50'. The potential cross sections are described and illus- trated in further detail on the following pages. In any roadway modification, the location of the existing crown of the roadway pavement is ideally centered between the two travel lanes. If the median crown needs to move, it requires the full reconstruction of the roadway. With the modification of the south curb line, any storm • sewer in that location would require reconfiguration. The location of the overhead utility poles shown is approximate and may vary in actual field conditions. A detailed analysis of all other utilities in the corridor should be undertaken in subsequent design phases utilizing detailed as -built util- ity drawings. Table 17 57th Avenue Roadway Cross Section Comparison Matrix Crown Option Road Width Parking Median Stays Within •• 60' ROW A 32' south side moves yes B 32' north side same yes C 26' none moves yes 50' ROW A 32' south side moves no B 32' north side same no C 26' none moves =yes 64 Three Rivers Park District Draft December 6, 2010 Section VI I Development Concept Approx. Exist. 60' Right -of -Way • Power Pale (Note: All cross sections are Location 3tr 1 a shown looking east with the Roadway Extents Approx. , proposed trail on the south (FamofCurb) Clear _' ., side of 57th Avenue.) Existing r 'fi ® ROW .� r ROW B 13' 11' 7—, Vehic Vehic Par37 10' 2.3' Blvd Street T Curear Trall Clear Figure 18 Zone zone 60• ROW Option A - 57th Avenue Potential Cross Section (Logan Ave to Dupont Ave /60' ROW) Approx. Exist. Power Pole Location 36 10' 3 Existing Roadway Extents Approx. (Face of Curb) Clear i Existing M ® ROW .i - r ROW e i 8' 11' IT Parking Vehic Vehic 11' 32' _ 5 10' zi Blvd Street TraN ,Gear Figure 19 60' - — }l iTone ROW Option B - 57th Avenue Potential Cross Section (Logan Ave to Dupont Ave /60' ROW) Approx, Exist. Power Pole } x Location 38' -- 10' Existing Roadway Ekter*. Approx. (Face of Curb) ,� Clear' Existing ROW r M ! ROW B T 13' I 13' Vehic Vehic 11' 26' 8' 10' 5 Blvd Street Blvd Tral C Zone • Figure 20 R Option C - 57th Avenue Potential Cross Section (Logan Ave to Dupont Ave /60' ROW) Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 65 Section VI I Development Concept 50' Right -of -Way Approx Exist Power Pole (Note: All cross sections are Location , , •. shown looking east with the `., 5' 38' proposed trail on the south Clr. Existing Roadway Extents ski (Face of Curb) side of 57th Avenue.) Existing + ~ t ` C t M EEF ROW r ROW B I 13' 11' B' Vehic Vehic Perking B 32' 2 10 ' Blvd Street .7' Curb -' Clear Trall Clear Zone Zone Approximate Figure 21 50' _� Additional Space ROW Option A - 57th Avenue Potential Cross Section (Dupont Avenue to I- 94/50' ROW) Approx Exist Power Pole Location 5' 38' fROW Clr. Existing Roadway Extents f Curb) (Face o Exis ® .Ab - + j . ROW B I i 8' 11' 13' Parking Vehic Vehic 6' 32' L 10' 2' Blvd Street Bfvd Trail Clear Zone FI Fig ur e 22 Approximate 9 l 50' 5 Additional Space ROW Neoessary Option B - 57th Avenue Potential Cross Section (Dupont Avenue to I- 94/50' ROW) Approx. Exist. Power Pole y Location 5' 38' a Existing Roadway ± (Face of Cu h Existing e ® ROW t "t ROW e I! 13' I 13' g Vehic Vehie i 6' 26 6' 10' 12' Blvd Street Blvd Trail Clear Zone Figure 23 ROW - -- Option C - 57th Avenue Potential Cross Section (Dupont Avenue to I- 94/50' ROW) 66 Three Rivers Park District Draft December 6, 2010 Section VII I Operations & Maintenance Plan Operations & Maintenance Plan Twin Lakes Regional Trail is operated under Three Rivers Park District ordinances and policies. The trail is overseen by professional operations and maintenance staff. Services and maintenance staffing levels increase as needed and as funding permits through the employment of seasonal staff. Park Service Officers and Park Police Officers provide public safety services. Volunteers also assist with trail patrol. Maintenance services for Twin Lakes Regional Trail are provided by maintenance operations ema- nating from Elm Creek Park Reserve. Ordinances Three Rivers Park District Board of Commissioners has adopted a set of ordinances that define the rules and regulations of Three Rivers Park District in order to provide for the safe and peaceful use of the parks and corresponding facilities; for the educational and recreational benefits and enjoyment of the public; for the protection and preservation of the property, facilities and natural resources; and for the safety and general . welfare of the public. A copy of the ordinances may be obtained from the Three Rivers Park Dis- trict Web site ( www .Three Rive rsParkDi strict. org). Rules and regulations are also posted throughout Three Rivers Park District properties and fa- cilities. Posted information includes park hours, permitted and prohibited activities, fees, map of the park and /or trails, and who to contact in case of an emergency. As funding permits, Three Rivers Park District Police and Park Service Officers regularly patrol all property and trails on foot and by bicycle and motor vehicles. When necessary, ordinances may be enforced via citations. Operations — Public safety The Public Safety Section consists of Park Police Officers, Park Service Officers, seasonal security staff, and support staff. Park Police Officers are licensed peace officers in the State of Minnesota and have the au- thority to arrest and detain criminal offenders and enforce a variety of traffic laws just like other law- enforcement officers throughout the state. Officers are trained and certified as Emergency Medical Technicians and First Responders. Park Police Officers strive to be proactive and utilize a variety of alternative patrol techniques that include horse - mounted, bi- cycle, electric scooter and four -wheel ATV patrols. Park Service Officers have enforcement authority as well, but it is limited to minor park offenses. Additionally, Park Service Officers are trained and Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 67 Section VII Operations & Maintenance Plan certified as Emergency Medical Technicians and First Responders. Park Service Officers are an important component of the Public Safety func- • tion, and communicate directly with the Park Police Officers when they observe suspicious or criminal behavior. Park Service Officers are very knowledgeable about park activities and readily assist with traffic flow, parking issues, and park guest information as well as administer first aid to park users who are ill or injured. Three Rivers Park District's Public Safety Plan includes the general patrol of regional parks, park reserves and regional trails by a Park Police Of- ficer or Park Service Officer. Many high - volume parks have a Park Service Officer stationed at the respective park to be readily available to provide assistance to park users. N. W Park service officer on bike patrol Mutual Aid Three Rivers Park District participates in a statewide mutual aid program that facilitates the sharing of public safety resources in times of emer- gency or other unusual conditions. This program serves to facilitate the assistance received from surrounding police agencies. Staffing Three Rivers Park District uses a combination of Park Service Officers and certified Park Police Officers for Trail Patrol on the Twin Lakes Regional Trail. Additional seasonal staff may be hired to support the safe and ef- ficient operation of the Twin Lakes Trail system. Public Safety staff is deployed from various offices throughout the six - county Park District. Specific patrol of the Twin Lakes Trail will be the primary responsibility of Trail Patrol staff assigned to French Regional Park, however all public • safety staff patrol trails on an as needed basis or when call load presents an opportunity to conduct alternative patrol. 68 Three Rivers Park District Draft December 6, 2010 Section VII I Operations & Maintenance Plan Operations— Maintenance Due to extensive property holdings, geographic distribution of facilities and the need to create an efficient and cost - effective work force, Three Rivers Park District organizes and budgets maintenance services in six geographic clusters that provide maintenance service Three Rivers Park District regional parks, park reserves and regional trails. The Elm Creek Work Cluster provides maintenance services for the Twin Lakes Regional Trail. Many sections of the Twin Lakes Regional Trail as being assumed by the Park District have non - standard regional trail characteristics including trail design, trail width, trail shoulders and surfaces. Maintenance operations will not be typical as compared to other Park District regional trail cor- ridors. Maintenance operations will be limited to seasonal condition as- sessments and periodic inspections, followed by necessary maintenance actions. Inspections will address possible safety issues, vandalism and non - routine maintenance concerns. The Park District will also respond to maintenance issues identified by the public, on a timely basis, as funding permits. Trail bridge and underpass structures are inspected on an an- nual basis with visual review as part of ongoing maintenance operations. (We need to find out who owns the bridges and who is responsible for what) Extraordinary maintenance occurs in response to storm damage, vandalism or other unplanned circumstances. The Twin Lakes Regional Trail expansion will receive scheduled striping, seal coating and redevelopment under Three Rivers Park District's pave- ment management program and in accordance with Park District stan- dards and as funding permits. The Park District will also seek opportuni- ties to work with the county and city in conjunction with road projects to improve trail design and surfacing, Proposed Maintenance Activities Three Rivers Park District's present policy provides for the operation of the trail from April 1 to November 15. Local municipalities wishing to offer winter use of the trail may apply for a winter trail operations permit from Three Rivers Park District. If winter operations are permitted, the local municipality is responsible for operations and maintenance. Limited additional staffing and equipment are needed to operate and maintain the trail corridor; however, some equipment and staffing re- sources will be shared with the existing Three Rivers Park District main- tenance operations emanating from the Elm Creek Work Cluster. Routine maintenance is outlined below. Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 69 Section VI Operations & Maintenance • April and May: Sign inventory and replacement, spring clean- up, limited mowing, trash pickup, bridge and underpass repair, as needed. • June, July, August and September: Erosion repair, fence repair, sign and post replacement, trail trimming, mowing, weed control, trash pickup, bridge and boardwalk repair (as needed). • October and November: bituminous patching and striping re- placement, as needed. • December to March: No planned operations or maintenance dur- ing winter unless permitted to area cities and /or Three Rivers Park District elects to conduct winter trail activities. • Throughout the year and storm - related damage: Periodic trail sweeping and clean -up, as needed. Several specific management /maintenance programs are in place to en- sure a safe, user - friendly experience to all trail programs. • Sign Maintenance: Directional, safety, regulatory, interpretive and informational signage is typically installed during trail devel- opment. During the operational season, signage is inspected as part of the routine inspection and maintenance tasks. • Sweeping /Blowing /Vacuuming: Natural debris such as leaves, acorns, twigs and grass clippings may be swept, blown or vacu- umed on a periodic basis. Extraordinary maintenance may be re- quired in the event of storm debris and conducted in cooperation with the city. • Pavement Management Program: Pavement management is a systematic method for tracking and addressing pavement condi- tions at a District -wide level. The pavement management program greatly enhances Three Rivers Park District's ability to perform preventive maintenance and optimize pavement condition and performance. The pavement management system provides Three Rivers Park District with a tool to assist in making consistent, cost - effective decisions about maintaining and preserving the pave- ment investment. • Contractual Services: Three Rivers Park District may contract for trail striping services, and pothole and crack repairing on an as- needed basis. • Trail /Bridge Repair: Trails and bridges are inspected annually in the spring as part of the pre- season maintenance program and are then inspected periodically by Three Rivers Park District main- tenance staff as part of ongoing operations. Minor trail repair is handled on a timely basis, and probable major repair needs are 70 Three Rivers Park District Draft December 6, 2010 Section VI I Operations & Maintenance evaluated and recommended to Three Rivers Park District man- agement for planning or engineering review. Major projects are submitted to Three Rivers Park District Board of Commissioners for funding as part of the annual operating budget, preservation and rehabilitation program, or capital improvement program. • Noxious Weed Management: Three Rivers Park District me- chanically or chemically removes noxious weeds at the request of cities. • Edge /Trail Shoulder Vegetation Management: Due to the unique existing trail design and location of the trail, typical region- al trail vegetation management practices do not apply. The city will continue to maintain road easements and other right of ways that have not transferred to the Park District, and tree canopies that are in close relationship to the trail surface in a manner that does not negatively affect trail use. The Park District will maintain vegetative clearances so as not to negatively affect trail use on any sections where trail shoulder vegetation exists. t 71_A K a , Maintenance staff mowing the trail edge Public Awareness Three Rivers Park District's Marketing Communications Section manages a centralized marketing communications function that oversees public relations, marketing, media relations, the website, brand management, event planning and promotion. A number of effective marketing and outreach tools are used to promote Three Rivers Park District, including Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 71 Section VIII Operations & Maintenance Plan but not limited to an annual distribution of District -wide map, the website, direct mail, press releases, centralized reservation system, feedback • phone line, brochures, ads and on -site promotion. Three Rivers Park District collaborates with a wide array of community, business and government organizations to promote its facilities, programs and services, and to educate the public about its resources. Three Rivers Park District also works with the Metropolitan Regional Parks System and the State Office of Tourism to leverage shared opportunities for creating awareness and visibility and works with the county agencies to provide information about scholarship programs available to individuals receiving economic assistance. • 72 Three Rivers Park District Draft December 6, 2010 Section VIII I Estimated Costs & Funding • Estimated Costs & Funding Trail implementation has both initial costs (acquisition and development) and ongoing costs (operations and maintenance). Trail development will occur as opportunities to coordinate with other agencies /projects occur, funding becomes available, and at the discretion of the Three Rivers Park District Board of Commissioners. Individual development projects may move forward to coincide with development adjacent to the trail corridor for purposes of cost savings. Boundaries & Acquisition Costs As part of the Trailway Cooperative Agreement with the City of Brooklyn Center, the City of Brooklyn Center conveyed a Public Trailway Easement that provides a contiguous and continuous corridor for the existing trail at the west end of the proposed Twin Lakes Regional Trail route. Also as part of the agreement, the city conveyed a Public Trailway Easement for the proposed trail extension to North Mississippi Regional Park. Certain bridge and grade crossings require agreements with third parties such • as Hennepin County and the Minnesota Department of Transportation. Discussions have been initiated with the City of Robbinsdale regarding several areas identified where additional right -of -way is necessary. Development Costs Trail development includes the cost to prepare the site, reconfigure road- ways as required, modify drainage patterns where necessary, pave the trail, and install signage, striping, and landscaping. As described previ- ously, much of the trail route exists west of the Bass Lake Road and TH 100 interchange area requiring minimal initial capital expenditure except where there are missing links. The new trail construction extends from roughly Bass Lake Road and TH 100 to North Mississippi Regional Park along 57th Avenue and will include roadway reconstruction to accommo- date the regional trail. Other factors to consider include bridge modifica- tions and short potential additional routes that were identified. In total, the estimated development cost for the Twin Lakes Regional Trail is be- tween $2.9 million and $4.2 million. See Appendix D - Detailed Cost Esti- mate for further information. Operating costs In order to maximize operating resources, Three Rivers Park District • maintains geographically dispersed work units for maintenance, public safety, and facility and program services. Natural Resources Management Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 73 Section VIII Estimated Costs & Funding services are dispersed on a system -wide basis. Three Rivers Park District monitors all resources needed to provide support services across Three . Rivers Park District work units. Current -year operating costs include an estimate of labor hours expended at the park unit, commodities and contracted services directly charged to the park unit. Administrative and management costs are not included in the estimates. The estimates for future operating budget expenditures, as reflected in this Master Plan, represent anticipated additional costs incurred by District -wide or geographical work units as capital development is implemented. All operating costs and associated staff /equipment are subject to the annual operating budget preparation process administered by the Superintendent and are considered formally by the Board of Commissioners. Maintenance operating costs Due to the cost savings associated with providing maintenance through geographically dispersed work clusters, much of the maintenance equipment and tools needed for maintenance of planned facilities are already in place. At the time the Master Plan is fully implemented, the annual routine maintenance costs are estimated to increase by $10,000 in 2010 dollars, primary for sign replacements and seasonal labor. Additional costs for • trail preservation and rehabilitation activities (i.e. trail surface repairs, striping replacement and pavement management) are anticipated and depend on trail conditions identified through seasonal inspections. These costs will be included in the Park District annual Asset Management Program. Public safety operating costs The increase in projected annual operating costs for Public Safety services is estimated to be $85,000, which ac counts for the salary and benefits of an additional park Police Officer and up to three new seasonal staff assigned to Trail Patrol. Initially, the expense and staffing of the Twin Lakes Trail will be absorbed by current Public Safety budgeting and staff, however a higher anticipated call load and commensurate staff presence is anticipated for proper patrol in this area. Estimated equipment cost of $7,500 for uniforms and associated duty gear, radios, etc. will also be needed upon hiring of additional Trail Patrol staff. This is also and estimated initial cost of $30,000 for a trail patrol police vehicle. Natural resources operating costs Due to the urbanized location of the Twin Lakes Regional trail, no additional costs for natural resources management are anticipated. • 74 Three Rivers Park District Draft December 6, 2010 Section VIII I Estimated Costs & Funding Funding Sources Annual operating costs are funded through Three Rivers Park District General Fund Budget. The primary source of funds is property tax. With some revenue received from the State of Minnesota as part of the Operations and Maintenance Fund allocations from the Metropolitan Council. Some of the annual rehabilitation costs also may be funded from Three Rivers Park District's Park Maintenance and Rehabilitation Fund, which includes revenues allocated to Three Rivers Park District from the State of Minnesota Lottery as well as Three Rivers Park District general obligation bonds. The Metropolitan Council and State of Minnesota provide funding for acquisition, development and redevelopment projects through the Regional Parks Capital Improvement Program (CIP). The development proposed in this Master Plan may be funded through the Regional Parks CIP, through Three Rivers Park District bond, donations and /or funding sources that may be available at the time of development. Opportunities for Federal funding may also be explored. All operating costs and associated staff /equipment are subject to the annual operating budget preparation process administered by the Superintendent and considered formally by the Board of Commissioners. Other Revenue Three Rivers Park District does not charge an entrance fee to any of its parks and trails. • Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 75 Section VIII I Estimated Costs & Funding i I This page left intentionally blank December 6 2010 76 Three Rivers Park District Draft e , Appendix A I Resolutions of Support • I APPENDIX A Resolutions of Support Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 77 Appendix A Resolutions of Support This page left intentionally blank 78 Three Rivers Park District Draft December 6, 2010 Appendix B I Trail Plans APPENDIX B - Trail Plans On the following pages, Appendix B includes enlarged plans of the trail route beginning at Bottineau Boulevard, the west terminus, and moving sequentially to the east terminus at North Mississippi Re- gional Park. The Key Map below includes location identifiers for each plan area as it relates to the overall route. The abbreviation "W1" indicates "West Segment 1" and the abbreviation "E1" indicates "East Segment 1." Key Map of Trail Route Enlarged Plans ua � Brooklyn u Existing Twin Lakes Trail W 1.3 T2nsrt c c • Proposed Twin Lakes Trail Center Bass ke Rd W 17 E g Regional Trail �' • • • x 57th Ave o' W14 W1 ''�••.•••••••..•...•...• FRIDLEY ° 025 °5 0 Brookdale E2 E3 E4 E5 E6 " 10e5 Mall ••• Desired Long -Term BROOKLYN CENTER 5 5m W12 E1 Connection a p •.••• Interim Connection W11 Pot ntial Future m TraiilConnection Twin Lakes WA 53rd Ave o• 7 53rd Ave W 10 W8 Pc " "4 MINNEAPOLIS A q � W7 Pelona/ W6 50th Ave T ea ; North �1 Mississippi Via' 0 49th Ave N Pe g Re W4 �e rk eze Ave • kkeside :W5 CaOadran Pacific itai, and Trail W3 a way Ryon T- Pot ntial Future Lake W2 Tral r„ W ROBBINSDALE Memorial Parkway Regional Trail Planned Twin Lakes Park Victory Memorial Pkwy Crystal Lake Regional Traii ` �J Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 79 Appendix B Trail Plans rl N 3 C 3 �Q E Ln Q �.r A; { t I � L• I h s L 5 \ �•� 80 Three Rivers Park District Draft December 6, 2010 i • - Segment W3 T L N . ; r Selected �"� �° �} Alignment wf \ 3 .... Selected 4 Alignment t Twin Lake Ave. Future Twin Lakes Park Construction N - O Potential Future � M. Trail Connection Scale: � �• ~ -ooFr N w` Segment W4 0 50 t00 FT. N _ Selected i Alignment Selected Alignment Future r - 4 Construction Potential Future Trail Connection Qj — L7 i 0 l 0 a D L D CL 3 X � W rt — rD d W N OD D N � (D :T Q (p X (D W 70 — In = v V D N r) n Segment W5 Selected Alignment Selected Alignment Future Construction Potential Future Trail Connection Qj it • J rr Scale: 0 so 100 FT. N O � s s o = Segment W6 1 Selected (D Alignment (D +M► . 6 _. y � 1 Ml 1 IMA I. O Au + � Scal � r o so too Fr. N • , M � .: Scale: ' I' � N Segment W7 o so toa Fr. „ Selected • Alignment } .L & y (D O ■ O D D - a 70 D a 3 x of Co rt _ (D 7 0 W Appendix B Trail Plans W 01 3 3 E Ul a E cna n� n� Y I a, . a` 8 g 84 Three Rivers Park District Draft December 6, 2010 A ppendix i Trail P lans Cm Draft • J y � ? ` � _ � •and U�55 � - -- i t _4 I N anti 6w j — � . i t D ecem b er • 201 Twin Lakes Regional Trail Master Plan 85 Appendix B Trail Plans N M • 3 � 3 � I C . 2 0) C �� E �n a = Ln a r I '�►_ `, p W at s � roM{ O 86 Three Rivers Park District Draft December 6, 2010 • i i Segment W14 Selected CD Alignment n (D (D rn � N i o FA � Br ookda le Mail t t Scale: 1 0 10O FT. N v WOW Segment W1S Selected # / Alignment Interim Connection Scale: n S o so too FT. fl r D = a 3 x nj (1) W rt (D � d 7 0 V Ln pp D 00 �O 0 cD —4 D a (DD X fD W U) = N scar -� Segment W16 r* 0 50 100 FT. N � Selected 11 Alignment l a ` Interim Q - Connection a , k , Segment W17 - - Selected + Alignment Selected :. as ,� 44: Alignment Future 'au � � r -� Constrcuction a µ / '� = Interim Connection cr (D A � Scale: �l 4 O 550,1 FT. N 0 � 'Scale: I q - Segment E1 N rt 0 50 100 FT p iraar ° ._ Interim `Tj y Connection 3 , CT CD N r 1 � Segment E2 Scale: o �ooFr N iaGl� f Selected Alignment i Interim � Connection t Qj * - vq S t. O D ° D a (D D 3 Q d X V W rt lD — a d 7 W A) D % 0 D O v cD 3 a lD X � W 70 — (DD (n = Dr IV D 77 U) O n Q Segment E3 rd� laoFr. N Selected Alignment �` ..... Selected Alignment Future Construction L Segment E4 o so ioo FT. N Selected A+ Alignment Future .. i Construction rt .— C7 0 'SAW., CT N O Appendix B Trail Plans Ln LU o W o y± t V C U Al V C " U ✓� C t/1 W Q) (M :3 C W yi C )— L O 1) 3 O N Q LL U N Q LL U Cn J �s w r s 141 t r 4< J- * ) f V6 r • 11 r - Cz Q= i S •. s(1 r Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 91 Appendix B Trail Plans This page. left intentionally blank 92 Three Rivers Park District Draft December 6, 2010 Appendix C I Wetland Descriptions APPENDIX C - Wetiand Descriptions Weiland Type Soil Hydrology Vegetation Common Sites Varies greatly according Usually well- drained during Covered with water or to season and duration of Upland depressions, 1 much of the growing season waterlogged during the flooding from bottomland bottomland hardwoods variable seasonal periods hardwoods to herbaceous (floodplain forests) plants May fill shallow basins, Usually without standing sloughs, or farmland sags; Saturated or nearly saturated water during most of may border shallow marshes 2 during most of the growing the growing season but Grasses, sedges, rushes, on the landward side and season waterlogged arious broadleaved plants gged within at least a include low prairies, sedge few inches of the surface meadows, and calcareous fens Grasses; bulrushes; spikerush; May nearly fill shallow lake Usually water to and various other marsh basins or sloughs; may border 3 y logged during Often covered with 6" or plants, such as cattail, deep marshes on landward the growing season more of water arrowhead, pickereralweed, side, commonly as seep and smartweed areas near irrigated lands Cattail; reed; bulrush; May completely fill shallow Usually covered with 6" to 3' Usually covered with 6" to 3' spikerush; and wild rice; open lake basins, potholes, • 4 or more of water during the or more of water during the area may have pond weed, limestone sinks, and sloughs; growing season growing season duckweed, waterlily, and may border open water in spatterdock such depressions Usually covered with less than Fringe of emergent vegetation: pond weed, Shallow lake basins and may 5 Inundated 10- foot -deep water; includes border large open water shallow ponds and reservoirs duckweed, waterlily, and basins spatterdock Usuall y waterlogged waterlo during Often covered with as much Includes alder, willow, Along sluggish streams, 6 the growing season as 6" of water; water table is buttonbrush, dogwood, and drainage depressions, and at or near the surface swamp privet occasionally on floodplains Hardwood and coniferous swamps with tamarack, Waterlogged within a few Often covered with as much northern white cedar, black Mostly in shallow ancient lake spruce, balsam fir, balsam basins, old riverine oxbows, 7 inches of the surface during as 1' of water; water table is poplar, red maple, and flat terrains, and along the growing season near the surface black ash, deciduous sites sluggish streams frequently support beds of duckweed and smartweed Woody, herbaceous, or supporting a spongy covering of mosses; typical Mostly on shallow glacial Usually waterlogged during Water table at or near the plants are heath shrubs, lake basins and depressions, 8 the growing season surface sphagnum mosses, sedges, flat terrain, along sluggish leatherleaf, Labrador tea, streams cranberry, and cottongrass; may include stunted black spruce and tamarack Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 93 Appendix C Wetland Descriptions This page left intentionally blank 94 Three Rivers Park District Draft December 6, 2010 Appendix E I Detailed Cost Estimate APPENDIX D - Detailed Cost Estimate Estimated Unit of Estimated Project Cost Estimate Quantity Measurement Unit Cost Estimated Total Cost Bottineau Boulevard to Bass Lake Road/TH ( West Segment) Existing Trail Reconstruction to TRPD standards Existing Trail Pavement Removals 7300 Lin Ft $ 12 $ 87,600 Trail Reconstruction 7300 Lin Ft $ 50 $ 365,000 Right of Way Or Easements (see note 6 below) 29200 Scl Ft $ 10 $ 292,000 Total $ 744,600 West Segment Missing Link Option A - Twin Lakes Avenue Trail Construct ion 600 Lin Ft $ 50 $ 30,000 Right of Way or Easements (see note 6 below) 2400 Sci Ft $ 10 $ 24,000 Total $ 54,000 Option B - Lakeside Avenue to Azelia Avenue Trail Construction 1400 Lin Ft $ 50 $ 70,000 Right of Way Or Easements (see note 6 below) 6400 Scl Ft $ 10 $ 64,000 Total $ 134,000 , Brooklyn Boulevard and 55th Avenue Intersection Crossing 1 Lump Sum $ 25,000 $ 25,000 ass Lake Road/TH to North Mississippi Regional Park (East Segment) 57th Avenue Trail Construction and Roadway Modifications * See notes 8 through it below Option A Road and Trail Construction 4500 Lin Ft $ 410 $ 1,845,000 * Assumes full reconstruction of road (see note 10 below) Right of Way or Easements 4200 Sci Ft $ 10 $ 42,000 e * Assumes 3' width easement east of Dupont Total $ 1,887,000 Option B Road and Trail Construction 4500 Lin Ft $ 120 $ 540,000 * Assumes partial reconstruction of road (see note 11 below) Right of Way or Easements 7000 Scl Ft $ 10 $ 70,000 * Assumes 5' width easement east of Dupont Total $ 610,000 Option C Road and Trail Construction 4500 Lin Ft $ 380 $ 1,710,000 * Assumes full reconstruction of road (see note 10 below) Right of Way or Easements 0 Sci Ft $ 10 $ - * Assumes no additional easement east of Dupont Total $ 1,710,000 Bridges Potential Replacement Pedestrian Bridge over TH 100 1 Lump Sum $ 1,200,000 $ 1,200,000 Bass Lake Road (CSAH 30) Bridge over TH 100 Re-decking 0 Lump Sum $ - $ - * Assumes no bridge deck widening required (see note 12 below) 57th Avenue Bridge over I -94 Modifications 1 Lump Sum $ 180,000 $ 180,000 * Assumes existing bridge width is sufficient to accommodate trail (see note 13 below) Total Project Construction Cost Estimate Range $ 2,900,000 Dependent on Options Elected to $ 4,200,000 Notes: 1. Estimates Include a minimum additional 20% contingency factor for unforeseen costs. 2. Estimates are based on current 2010 construction costs. 3. Estimates do not Include design, engineering, and administration. 4. Existing trail removal assumes 30' wide bituminous trail 5. Existing trail reconstruction assumes 10' wide bituminous trail, turf establishment, and signage. 6. Right of way or easement required for existing trail to be reconstructed and missing link assumed 4' wide for entire length. Final design should confirm actual needs. 7. Brooklyn Boulevard and 55th Avenue Intersectlon assumes pavement and crosswalk construction only - no signal modifications. 8. 57th Ave. estimate Includes pavement removals, new roadway pavement, curb and gutter, trail pavement, 2 concrete driveways per block face, storm sewer reconfiguration, and turf establishment. , 9. 57th Ave. estimate does not include any sanitary sewer or water main upgrades, retaining walls, or streetscaping such as boulevard trees and decorative lighting. 10. 57th Ave. Concepts A and C shift vehicle travel lanes requiring full reconstruction to establish new pavement crown In appropriate location. • 11. 57th Ave. Concept B maintains existing location of vehicle travel lanes so most roadway pavement could remain. South curb line reconstructed. 12. Bass take Road Bridge over TH 100 Re- decking planned by Mn /DOT in 2013 Is preliminarily thought to accommodate an expanded trail width that meets standards without widening the deck. No additional cost to the Twin Lakes Regional Trail project assumed. 13. 57th Avenue Bridge over I -94 Modifications assume bridge width is suffident to widen trail area 7.5 feet on north side Including a barrier and still accommodate vehicle traffic, Resulting trail width Is 14' clear (10' trail with 2' clear zones each side). Draft December 6, 2010 Twin Lakes Regional Trail Master Plan 95 Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: January 5, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Presentation of the Tax Increment Report Relating to the Removal of the Brookdale Properties from Tax Increment District No. 3. Recommendation: Jenifer Wolfe, Senior Project Manager with Springsted Incorporated, the City's Financial Consultant, will have a power point presentation on their analysis of removing the Brookdale parcels from Tax Increment District No. 3 and the 2011 decertification of Tax Increment District No. 2. The purpose of this work session item is to inform and prepare the City Council for the January 24 public hearing on the amendment to TIF District No. 3. No formal action is required. Background: On December 13, 2010, the City Council adopted a resolution which authorized the setting of a public hearing for January 24, 2011 to consider an amendment to Tax Increment District No. 3 i (removal of the Brookdale parcels). The December 7 th staff memorandum which accompanied the request to schedule this proposed tax increment plan amendment included the following exhibits which have also been attached for your reference: • Springsted's analysis of the removal of the Brookdale parcels from Tax Increment District No.3 and the effects of the 2011 decertification of Tax Increment District No, 2, • The draft amendment to Tax Increment District No. 3 which has been forward to Henn. County and the two School Districts, as required by TIF regulations, • Copy of the legal notice that has been published in the official newspaper, • Copy of the map which identifies the Brookdale properties as all of the properties located east of Xerxes Ave., South of Bass Lake Road, and North/Northwest of Hwy 100, with the exception of the Holiday Service Station site. Springsted's power presentation will illustrate the results of their analysis and their projections that a combination of the these two actions will result in savings to all residential, commercial, and industrial properties within the City, stabilizes the TIF 3 revenue stream to meet debt service, and provides additional funds to the TIF 3 Housing Account. Policy Issues: i Mission: Ensuring an attractive, clean, safe con ununify that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Does the City Council wish to have additional information prepared for the January 24, 2011 • public hearing to consider the removal of the Brookdale parcels from Tax Increment District No. 3? Council Goals: Ongoing: 2. We will ensure the financial stability of the City • Alission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Tax Increment Financing District No. 03 0 Site B (Brookdale Area) EWING AVE N 11 Z ; 59TH AVE N Q 58 1/2 AVE N Cl � p � 1\ 58TH AVE N J ' ADMIRAL LN N I A �' CL 0 O ARK NORTHPORT 0 �.1 56TH AVE N O �, z z NORTHPORT � / ERICON DR Q Q o I 55TH AVE N U 55TH AVE N N o O O LIONS '� % c rov ER V `\ `( PARK W Z z • 54TH AVE N i No .3 / 1 1 1 Q z W CENTERBRCq Z j ( I J LU Q W W z 54TH AVE N 53RD PL N �� GoLFr T 11 j w z z O / LILAC DR N COUR I �1 X J 2 LU 53RD AVE N 53RD AVE N \ b3RD AVE N O z W Z J > w z w LU W O C7 LU U Z z W L W z X W w Q Z 1STAVE N HAPPY HOLLOW 3: PARK w ® Brookdale properties to be removed LU o w o SOT 50TH AVE N 0 2 �O Cl) 49TH AVE N City of 4 BROOKLYN CENTER Brooklyn Center GIS _ 0 0.05 0.1 D2 0 0 " IWO 0 50 0 HIM lb V . N ..... ..... A COUNCIL ITEM MEMORANDUM • DATE: December 7, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development T SUBJECT: Resolution Calling fora Public Hearing by the City Council on the Proposed Amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 3. Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution calling for a public hearing by the City Council on the proposed amendment of the tax increment financing plan for Tax Increment Financing District No. 3 Background: Tax Increment District No. 3 was established in 1994 to provide assistance to various commercial redevelopment and housing development projects within the District. The District is a scattered site district within three principal areas: the Brooklyn • Boulevard /69th Area, the Brookdale Area, and the Willow /252 Area and included the following objectives: - To enhance the tax base of the City - To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise, - To better utilize vacant or underdeveloped land - To attract new businesses - To acquire blighted or deteriorated residential property for rehabilitation or clearance and redevelopment, - To develop housing opportunities for market segments underserved by the City including housing for the disabled and elderly. The district consisted of 221 parcels of land, 174 of which contained existing houses and structures with a 1994 base tax capacity of $2,290,408. The current tax capacity in 2009 is $3,447,706, creating an incremental tax capacity of $1,197,208. The outstanding debt in TIF #3 includes two bond issues: 0 GO Tax Increment Bonds 2004D sold in the amount of $17,245,000. The outstanding principal on these bonds is $14,310,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2020. • GO Tax Increment Bonds 2008A sold in the amount of $4,335,000. The Mission: Ensuring an attractive, clean, safe co►rununity that enhances the qualith of life and preserves the public trust COUNCIL ITEM MEMORANDUM outstanding principal on these bonds is $2,665,000 as of December 31, 2009. • The final payment on these bonds will be made on February 1, 2018. While both of these Bonds were based on projected tax increments exclusive of the Brookdale Mall properties; an issue that continues to be monitored is the diminishing valuation of the Brookdale Mall properties and their effects on the District's ability to generate sufficient tax increment to meet annual debt service. The 1994 base tax capacity for the Brookdale Mall Properties was $929,426, calculated from a base market value of $46,621,300 which included the Applebee's and Kohl's parcels. The current tax capacity, as recently stipulated by Hennepin County, is $424,450 or 504 9761ess than the base value a loss of 54.33%. This reduction below the original base $ tax capacity is offset by the balance of the District before increment is generated; the tax capacities from the other properties within the District are used to cover the shortfall caused by the Brookdale properties tax capacity loss. In January, the Council received a Tax Increment Update on the 3 remaining tax increment districts. This report, attached for your reference, identified that the removal of the Brookdale parcels from Tax Increment District 3 would have a financial impact on the general tax base and levy; unless corresponding tax base were added to the general tax base at the same time. At the November 22, 2010 Council Work Session, the Council was informed that staff was • continuing to work with our financial consultant on mitigating the impact of dropping the Brookdale properties from TIF 3 with the additional tax base from expiration of TIF 2 in 2011. Proposed Amendment to Tax Increment District 3 Attached is a memorandum from Springsted, the City's financial consultant, which illustrates the effects achieved through a combined action of dropping of the Brookdale properties from TIF 3 and the decertification/expiration of TIF 2. Page 2 of this memorandum summaries the hypothetical tax impact analysis on residential, commercial /industrial, and apartments, with attachments 2, 3, and 4, detailing the tax effects on the City, County, School District # 286 (Brooklyn Center), and School District # 281 (Robbinsdale), for the following events: Attachment # 2 The Removal of the Brookdale Parcels from Tax Increment District 3 Attachment # 3 The Decertification of Tax Increment District #2 Attachment # 4 The Combination of both the Removal of Brookdale parcels and decertification of District #2. The cash flow analysis on attachment #5 illustrates the effects on the annual cash flow with the Brookdale properties remaining. The January TIF Update did indicate that the City does have a .1-fission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • debt service reserve account to address shortfalls in tax increment to make scheduled debt payments in the near term. Attachment # 6, illustrates the effects to the District 3 cash flow with the removal of the Brookdale properties. Specifically, the estimated tax increment increases by approximately $700,000 a year, which has a positive effect on the District's housing fund and provides an annual surplus that would allow an early retirement of this Tax Increment District. The removal of the Brookdale parcels from TIF 3 is considered a major plan amendment and requires a public hearing with copies of the amendment provided to the affected school districts and Hennepin County. The attached resolution authorizes the scheduling of a public hearing for the January 24, 2011 City Council Meeting and the distribution of the TIF amendment. A work session item will be scheduled for the January 10, 2011 Council Meeting at which time the City's financial consultant will provide a presentation on their analysis, the proposed amendment to Tax Increment District # 3 and answer Council questions. Budget Issues: The financial consultant's analysis illustrates savings to all residential, commercial, and industrial properties within the City, stabilizes the TIF 3 revenue stream to meet debt service, and provides additional funds to the TIF 3 Housing Account. Council Goals: Ongoing: 2. We will ensure the financial stability of the City AIISSIOIt: Ensuring an attractive, clean, safe comrnunity that enhances the quality of life and preserves the public trust Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.3 BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center, Minnesota (the "City "), as follows: Section 1. Public Hearing This Council shall meet on January 24, 2011, at approximately 7:00 P.M., to hold a public hearing on the proposed amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 3 (the "Amendment "), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, to remove certain parcels from the Tax Increment Financing District. Section 2. Notice of Public Hearing, Filing of Amendment . City staff is authorized and directed to work with the City's consultants to prepare the Amendment and to forward the same to the appropriate taxing jurisdictions • including Hennepin County, Independent School District No. • 281 and Independent School District No. 286. The City Clerk is authorized and directed to cause the Notice of the Public Hearing attached hereto as Exhibit A, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to January 24, 2011, and to place a copy of the Modification on file in the City Manager's office at City Hall and to make such copy available for inspection by the public. 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: i whereupon said resolution was declared duly passed and adopted. 0 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER HENNEPIN COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Hennepin County, State of Minnesota (the "City "), will hold a public hearing on January 24, 2010, at approximately 7:00 P.M. at the City Hall, 6301 Single Creek Parkway, Brooklyn Center, Minnesota, with respect to a proposal to amend the Tax Increment Financing Plan ( "TIF Plan ") for Tax Increment Financing District No 3 ( the "TIF District ") pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, to remove certain parcels from the TIF District. Copies of the proposed Amendment are on file and available for public inspection at the office of the City Manager at City Hall. The TIF District is located within Development District No. 1 in the City. A map of Development District No. 1. and the TIF District, as proposed to be amended is show below. • All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. [INSERT MAP of Development District No. 1 and the TIF District No. 1 ] BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA City Clerk i Springsted Incorporated 380 Jackson Street, Suite 300 Springsted Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651 - 223 -3002 www.springsted.com MEMORANDUM TO: Gary Eitel, Business and Development Director City of Brooklyn Center, MN FROM: Jennifer Wolfe, Senior Project Manager Tom Denaway, Analyst DATE: December 7, 2010 SUBJECT: Impacts - Removal of Parcels From TIF No. 3 Plus Decertification of TIF No. 2 The City requested an impact analysis relative to the proposed removal of the Brookdale parcels from TIF District No. • q P Y P P P 3 and the impact of TIF District No. 2 decertification (2011 is final collection year). We have also analyzed the coverage on the existing TIF obligations within TIF No. 3 with the proposed removal of the Brookdale parcels that would result in an increase of the annual collections within the district. When TIF District No. 3 was created the base value of the District was frozen at the 1994 market value (with a portion at 1997 levels based on approved modifications). The current value of the Brookdale parcels proposed to be removed from TIF No. 3 is lower than the frozen value of the District, which has mitigated the impact of the recent reduction in market value on the properties. As a result the tax base for the local taxing jurisdictions was not affected by this change in market value. See Attachment #1 for the list of parcels to be removed. The removal of the Brookdale parcels from TIF No. 3 will take out these properties from the TIF calculation and the Districts frozen value will be readjusted, resulting in a reduction in market value to be realized by the taxing entities because the current values are below the frozen values. The modification to the TIF District will reduce the taxable net tax capacity (TNTC) on which the local levies are spread, resulting in higher tax rates in comparison to the parcels remaining in the existing TIF District No. 3 (when assuming no change to the levy amount). This change in tax rates is illustrated on the impact charts as Event 1. The change would not occur until taxes payable year 2012. See Attachment #2 for the impact chart detailing the event of removing the parcels from TIF No. 3. Additionally, proposed for 2012, is the decertification of the existing TIF District No. 2. The decertification of an existing TIF district allows for the local taxing jurisdictions to benefit from the increased market value which was Public Sector Advisors City of Brooklyn Center, MN Impacts - Removal of Parcels From TIF No. 3 Plus Decertification of TIF No. 2 December 7, 2010 Page 2 previously captured within the TIF district. The effect of the proposed decertification of TIF No. 2 is an in crease to the TNTC on which the local levies are spread, which would result in lower tax rates compared to before the District was decertified (again assuming no change to the levy amount). This change in tax rates is illustrated on the impact charts as Event 2. This change would also not occur until taxes payable year 2012. See Attachment #3 for the impact chart detailing the event of decertification of TIF District No. 2. The combination of both events is illustrated on Attachment #4. This chart illustrates the net effect of both the removal of parcels from TIF District No. 3 and the decertification of TIF District No. 2. The net impact of both events would result in an increase of the TNTC and a reduction in tax rates compared to the previous year, for the City, County and ISD #286 (Brooklyn Center). ISD #281 (Robbinsdale) is impacted by the removal of parcels from TIF District No. 3, but is not impacted by the decertification of TIF District No. 2. A reduction in tax rates is shown as an annual decrease in the property tax bill. All impacts are illustrated using Pay 2010 tax rates, taxable net tax capacity, and offsetting TIF adjustments based on Hennepin County provided current and frozen values for each TIF district for payable 2011. The impacts would not be realized, however, until the pay 2012 tax year. The chart below summarizes the estimated impacts by taxing jurisdiction for the combination of Event 1 and Event 2 as described previously. This information is included on the chart in Attachment #4. City of Brooklyn Center, Minnesota Summary of Hypothetical Tax Impact Examples - Combined Events Estimated Annual Reduction /Increase in Tax Bill By Property Type Total ISD 'Total' ISD. ", City of ISD 281 ISD 286 281 286 Brooklyn Hennepin (Project (Project (Project {Project Property Type Center County 2148) 2149) 2148) 2149) $150,000 Home $6 $0 $2 $76 $4 $83 $200,000 Home $9 $0 $3 $102 $6 X511,11 , $250,000 Home $11 $0 $4 $127 $7 $138 $300,000 Home $13 $0 $5 $153 $8 $166 Per $1,000,000 C/I $83 $1 $30 $980 $54 $1;064 Per $500,000 Apartments ($27) ($0) $10 ($318) ($18) Hypothetical Tax Rate - 0.4316% - 0.0044% 0.1558% - 5.0908% - 0.2803% 0.0000 %0 Increase /Decrease City of Brooklyn Center, MN Impacts - Removal of Parcels From TIF No. 3 Plus Decertification of TIF No. 2 December 7, 2010 Page 3 The removal of parcels from TIF District No. 3 increases the captured tax capacity within the TIF district and the likely tax increment revenue (assuming tax rates remain equal to or greater than 2010 rates). Currently, the tax increment revenue from the district, after the set -aside of 15 % for affordable housing, is not projected to generate sufficient annual increment to cover the annual debt service. The increased tax capacity resulting from the removal of parcels from TIF District No. 3 is expected to increase the annual increment beginning in 2012 and this increase is projected to sufficiently cover the annual debt service in each year except 2016 when slightly higher debt service is required. We have prepared estimated cash flows for TIF District No. 3 beginning with the expected increment for Pay 2011, and projected increment each year thereafter, without the parcel removal and with the proposed parcel removal. See Attachments #5 and #6. ATTACHMENT #1 City of Brooklyn Center, Minnesota Tax Increment Financing (Redevelopment) District No. 3 ESTIMATED IMPACT OF REMOVING PARCELS PARCELS TO BE REMOVED: TIF Project No. 2149 (Brooklyn Center SD #286 PAYABLE 2011 BASE Parcel ID Description Market Value Tax Capacity Market Value Tax Capacit 02- 118 -21 -31 -0055 Mall Parking 824,000 16,480 1,812,900 36,258 02- 118 -21 -31 -0056 Kohl's 3,375,000 67,500 3,765,000 75,300 02- 118 -21 -31 -0049 Boulevard's - - 726,000 13,770 parcel currently exempt Subtotal 4,199,000 83,980 6,303,900 125,328 Captured (2,104, 900) (41, 348) TIF Project No. 2148 Robbinsdale SD #281 PAYABLE 2011 BASE Parcel ID Description Market Value Tax Capacity Market Value Tax Capaci 03- 118 -21-44 -0026 Sears 4,300,000 85,250 7,810,000 155,450 03- 118 -21-41 -0024 Applebee's 960,000 19,200 - - parcel new base value included in #02 - 118 - 21 - 32 - 0017 03- 118 -21 -14 -0032 Midas 483,000 8,910 540,900 10,068 02- 118 -21 -32 -0017 Mall Common Areas and Parking 4,927,000 97,790 17,909,100 358,182 02- 118 -21 -32 -0014 Mervin's 1,800,000 36,000 5,276,000 104,770 02- 118 -21 -32 -0009 Penney's 1,906,000 38,120 4,698,300 93,966 02- 118 -21 -32 -0010 Penney's Auto 49,000 980 472,000 8,690 02- 118 -21 -32 -0011 Macy's 3,000,000 59,250 4,875,000 96,750 02- 118 -21 -23 -0021 314 Square Feet 1,000 20 3,000 60 02- 118 -21 -23 -0023 Vacant Lot 138,000 2,760 - - parcel new base value included in #02 118 - 21 - 32 - 0014 Subtotal 17,564,000 348,280 41,584,300 827,936 Captured (24, 020, 300) (479, 656) jo - M � I 1, R f Public Sector Advisors ATTACHMENT #2 City of Brooklyn Center, Minnesota Prepared 121712010 Year (a): 2010 2010 2010 2010 Total; Total Entity (a): City County SD #281 SD #286 Impact (g) Impact (g) Existing Tax Rate (a): 52.412% 42.640% 28.621% 51.173% 123.673% 146.225% Existing TNTC T $17,960,128 $1 $88,612,938 $5,691,835 for Property for Property a . Calculated Levy (b): $9,413,262 $613,869,004 $25,361,909 $2,912,683 Located within Located within: Adjustment to Captured TIF (c) $521,004 $521,004 $479,656 $41,348 City, County City, County 394,. 1 rt13;2�a8 ", and ISD 281 and ISD 286 u v, a• Estimated Net Tax Value (f) Capaci Homestead Residential $150,000 $ 1,500 $23 $0 $2 $6 $26 29 175,000 1,750 $27 $0 $3 $7 $30 0 01 34 200,000 2,000 $31 $0 $3 $7 $39 225,000 2,250 $35 $0 $4 G9 $44 250,000 2,500 $39 $0 $4 $ $ 275,000 2,750 $43 $0 $ o 48 $54 300,000 3,000 $47 $0 $ $11 to 2 $59 Com merc ialii nd ustrial $300,000 $ 5,250 $8 $91 $103 A k 375,000 6,750 6 $1 1 25 $117 $132 450,000 8,250 9 $ $31 $143 $161 500,000 9,250 $145 $ $14 $35 $161 $181 1,000,000 19,250 $301 $ $30 $72 $334 $376 Apartments (4 or More Units) $ 200,000 $ 2,500 $39 $0 $4 $9 $43 $49 275,000 3,438 $54 $1 $5 $13 $60 $67 350,000 4,375 $69 $1 $7 $16 $76 $86 425,000 5,313 $83 $1 $8 $20 $92 - $104 500,000 6,250 $98 $1 $10 $23 $109 $122 NOTES: (a) The existing tax rate and taxable net tax capacity (TNTC) has been provided by Hennepin County for taxes payable 2010. Complete data for Pay 2011 not yet available. (b) The calculated levy equals the tax rate multiplied by the taxable net tax capacity (TNTC). (c) The increase in captured tax capacity would be in TIF No. 3 as a result of removing idendfied parcels (shown separately). The base value of several parcels within TIF No. 3 are greater than current values. Removing the parcels would reduce both the base and current values by their respective valuations which should result in an increase in captured TIF tax capacity and a decrease in the total tax capacity of the individual jurisdictions. The estimated increase is based on base and current estimates from Hennepin County for Pay 2011. (d) The hypothetical taxable net tax capacity (TNTC) is calculated by reducing the amount of tax capacity (difference between current value and base value of parcels) that would instead be included in the captured tax capacity of TIF 3 if the identified parcels were removed. (e) The tax rate increase is derived by dividing the hypothetical new TNTC by the calculated, and subtracting the existing tax rate. (0 Estimated market value is the basis from which the net tax capacity is calculated. This value is not necessarily the price the property would bring if sold. (g) Total Impact does not include miscellaneous taxing entities. The impacts shown above would be realized in Pay 2012. Public Sector Advisors ATTACHMENT #3 City of Brooklyn en Cter, Minnesota Pr 121712010 x�l. Year (a): 2010 2010 2010 2010 Total Total Entity (a): City County SD #281 SD #286 Impact (g) Impact (g) Existing Tax Rate (a): 52.412% 42.640% 28.621% 51.173% 123.673% 146.225% Existing TNTC (a): $17,960,128 $1,439,655,262 $88,612,938 $5,691,835 for Property for Property Calculated Levy (b): $9,413,262 $613,869,004 $25,361,909 $2,912,683 Located within Located within Adjustment to Captured TIF (c) ($670,138) ($670,138) $0 ($670,138) City, County City, County #nriy 6theICa1'TNa``(ii }.,` $1St(,2i6 FE.``.' and lso 281 and 1SD 286 WO Estimated Net Tax Val (f) Capaci Homestead Residential $150,000 $ 1,500 ($28) ($0) $0 ($81) ($29) $109) 175,000 1,750 ($33) ($0) $0 ($94) ($33 ($128) 200,000 2,000 ($38) ($0) $0 ($108) ($146) 225,000 2,250 ($42) ($0) $0 ($ ($164) 250,000 2,500 ($47) ($0) $0 ($ ($48) ($182) 275,000 2,750 ($52) ($1) ($1 ($52) ($201) 300,000 3,000 ($57) 1 ($162) 7) ($219) Com mercialli ndustrial VAN $300,000 $ 5,250 (1) ($ ($100) ($383) 375,000 6,750 1 ($1) ($36 3 ($129) ($492) 450,000 8,250 1 ) $0 ($445) ($157) ($602) 500,000 ($ 9,250 ($174) $0 ($499) ($176) ($675) 1,000,000 19,250 $0 ($1,038) ($367) Apartments (4 or More Units) $ 200,000 $ 2,500 ($47) ($0) $0 ($135) ($48) ($182) 275,000 3,438 ($65) ($1) $0 ($185) ($65) ($251) 350,000 4,375 ($82) ($1) $0 ($236) ($83) ($319) 425,000 5,313 ($100) ($1) $0 ($286) ($101) ($388) ` 500,000 6,250 1 ($118) ($1) $0 ($337) $119) ($456) NOTES: (a) The existing tax rate and taxable net tax capacity (TNTC) has been provided by Hennepin County for taxes payable 2010. Complete data for Pay 2011 not yet available. (b) The calculated levy equals the tax rate multiplied by the taxable net tax capacity (TNTC). (c) The decrease in captured tax capacity is the result of decertification of TIF No. 2; the captured tax capacity is released to the taxing entities and is based on the Pay 2011 estimate from Hennepin County. (d) The hypothetical taxable net tax capacity (TNTC) is calculated by increasing the amount of tax capacity that would be available after TIF No. 2 is decertified. (e) The tax rate increase is derived by dividing the hypothetical new TNTC by the calculated, and subtracting the existing tax rate. (0 Estimated market value is the basis from which the net tax capacity is calculated. This value is not necessarily the price the property would bring if sold. (g) Total Impact does not include miscellaneous taxing entities. The impacts shown above would be realized in Pay 2012. Public Sector Advisors ATTACHMENT #4 City of Brooklyn Center, Minnesota Prepared 12!1/2010 NO mated' � . „ cnlai L �ri o �� arce s � eC ':N l l Year (a): 2010 2010 2010 2010 Total Total Entity (a): City County SD #281 SD #286 Impact:(g} Impact (g) Existing Tax Rate (a): 52.412% 42.640% 28.621% 51.173% 123.673% 146.225% Existing TNTC (a): $17,960,128 $1,439,655,262 $88,612,938 $5,691,835 for Property for Property Calculated Levy (b): $9,413,262 $613,869,004 $25,361,909 $2,912,683 Located within Located within Adjustment to Captured TIF (c) ($149,134) ($149,134) $479,656 ($628,790) City, County City, County .; trpit #hetical Tt� S�t09,262:t39.4�!i,96f and fSD 1281 andlSD 28fi py Estimated Net Tax Value (f) Capacity Homestead Residential $150,000 $ 1,500 ($6) ($0) $2 ($76) ($4) ($83) 175,000 1,750 ($8) ($0) $3 ($89) (W ($97) 200,000 2,000 ($9) ($0) $3 ($102) ($111) 225,000 2,250 ($10) ($0) $4 ( 1 ($124) 250,000 2,500 ($11) ($0) $4 ( ($7), ($138) 275,000 2,750 ($12) ($0) ( 4 300,000 3,000 ($13) Oj, ($153) ) ($166) Com mercialli ndustrial $300,000 $ 5,250 8 1($ 15) ($290) 375,000 6,750 ($0) ($ ($373) 450,000 8,250 Y$P) $ 0 1 ($420) ($23) ($456) 500,000 9,250 ($40) $14 ($471) ($26) ($511) 1,000,000 19,250 $30 ($980) ($54) ($1,064) Apartments (4 or More Units) $ 200,000 $ 2,500 ($11) ($0) $4 ($127) ($7)I ($138) 275,000 3,438 ($15) ($0) $5 ($175) ($10) ($190) 350,000 4,375 ($19) ($0) $7 ($223) ($12) ($242) 425,000 5,313 ($23) ($0) $8 ($270) ($15) ($294) 500,000 6,250 ($27) ($0) $10 ($318) $18) ($345 NOTES: (a) The existing tax rate and taxable net tax capacity (TNTC) has been provided by Hennepin County for taxes payable 2010. Complete data for Pay 2011 not yet available. (b) The calculated levy equals the tax rate multiplied by the taxable net tax capacity (TNTC). (c) The decrease in captured tax capacity is a combination of the two events: an increase with the removal of parcels from TIF No. 3, offset by a decrease with the decertification of TIF No. 2 (d) The hypothetical taxable net tax capacity (TNTC) is calculated by increasing the amount of tax capacity that was released by decertification of TIF No. 2 in excess of that tax capacity that was decreased from removing parcels from TIF No. 3. (e) The tax rate increase is derived by dividing the hypothetical new TNTC by the calculated, and subtracting the existing tax rate. (0 Estimated market value is the basis from which the net tax capacity is calculated. This value is not necessarily the price the property would bring if sold. (g) Total Impact does not include miscellaneous taxing entities. The impacts shown above would be realized in Pay 2012. Public Sector Advisors ATTACHMENT #5 City of Brooklyn Center, Minnesota Tax Increment Financing (Redevelopment) District No. 3 Estimated Cash Flow beginning Taxes Payable 2011 Scenario 1: Total District - Brookdale Remains Annual Less Estimated $2,470,000 $17,245,000 $4,335,000 Transfer Out Future Additional Total Cumulative Net Admin Net GO Tax Ref GO TIF Bonds, GO Tax TIF Pooling Project Future TIF Surplus / Year Tax Inc Fee Increment Series 20048 Series 2004D Series 2008A Aff ord. Hag Costs Obligations Obligations (Deficit) 15% 1 2 3 4 5 6 7 8 9 10 11 13 2011 1,671,312 0 1,671,312 1,431,213 167,125 250,697 1,849,034 (177,722) 2012 1,671,312 0 1,671,312 1,833,213 161,938 250,697 2,245,847 (752,257) 2013 1,671,312 0 1,671,312 1,839,313 156,750 250,697 2,246,759 (1,327,705) 2014 1,671,312 0 1,671,312 1,852,325 150,813 250,697 2,253,834 (1,910,227) 2015 1,671,312 0 1,671,312 1,856,775 144,875 250,697 2,252,347 (2,491,262) 2016 1,671,312 0 1,671,312 1,877,900 138,250 250,697 2,266,847 (3,086,797) 2017 1,671,312 0 1,671,312 1,870,900 131,625 250,697 2,253,222 (3,668,707) 2018 1,671,312 0 1,671,312 1,900,400 250,697 2,151,097 (4,148,492) 2019 1,671,312 0 1,671,312 1,892,250 250,697 2,142,947 (4,620,127) 2020 1,671312 0 1,671,312 250 250 3199,512 18,882 459 0 18,882,459 433,260 17 771,125 1,223,000 2,832,369 0 0 22 259,754 Projected Tax Increment does not include changes to future tax rates, class rate, or market values. Pay 2010 Tax Rates used for each project within TIF No. 3. No assumptions included on use of fund balance. Cash flow demonstrates ability of annual increment to cover annual obligations. Public Sector Advisors ATTACHMENT #6 City of Brooklyn Center, Minnesota Tax Increment Financing (Redevelopment) District No. 3 Estimated Cash Flow beginning Taxes Payable 2011 Scenario 2: Total District - Brookdale Parcels Removed Annual Less Estimated $2,470,000 $17,245,000 $4,335,000 Transfer Out Future Additional Total - ` Cumulative Net Admin Net GO Tax Ref GO TIF Bonds, GO Tax TIF Pooling Project Future TIF Surplus / Year Tax Inc Fee Increment Series 2004B Series 2004D Series 2008A Afford. Hsg Costs Obligations Obligations (Deficit) 15% 1 2 3 4 5 6 7 8 9 10 11 13 2011 1,671,312 0 1,671,312 1,431,213 167,125 250,697 1,849,034 (177,722) 2012 2,366,691 0 2,366,691 1,833,213 161,938 355,004 2,350,154 (161,185) 2013 2,366,691 0 2,366,691 1,839,313 156,750 355,004 2,351,066 (145,561) 2014 2,366,691 0 2,366,691 1,852,325 150,813 355,004 2,358,141 (137,011) 2015 2,366,691 0 2,366,691 1,856,775 144,875 355,004 2,356,654 (126,974) 2016 2,366,691 0 2,366,691 1,877,900 138,250 355,004 2,371,154 (131,437) 2017 2,366,691 0 2,366,691 1,870,900 131,625 355,004 2,357,529 (122,275) 2018 2,366,691 0 2,366,691 1,900,400 355,004 2,255,404 (10,988) 2019 2,366,691 0 2,366,691 1,892,250 355,004 2,247,254 108,449 2020 2 0 2,366 355 004 355,004 2 120,136 25 140,869 0 25,140,869 433,260 17 1 3 771 130 0 0 20 Projected Tax Increment beginning in 2012 includes increased captured tax capacity resulting from the removal of the Brookdale parcels. Projected Tax Increment beyond 2012 does not include changes to future tax rates, class rate, or market values. Pay 2010 Tax Rates used for each project within TIF No. 3. No assumptions included on use of fund balance. Cash flow demonstrates ability of annual increment to cover annual obligations. Cumulative cash flow does not include any interest assumptions. Public Sector Advisors Brooklyn Center Economic Development Authority, Minnesota Modification No. 3 to the Tax Increment Financin , . For Tax Increment Firnfq (Red District No 3 . �� ', a , Original Plar- opted ,ecemberl 1994 Modification No Datec �p 28, 'Ik7 Modiflcatbn JNo 2 Dated: April 28;`-'1997 w Adminasfrative amentlments i completed in 2004 and 2008 ¢m f N Modification o ated: December 13 2010 DRAFT ", .. (DRAFT) Modif�catll_on Appl o ed: January 24, 2011 (planned) " Prepared by: SPRINGSTED INCORPORATED 300 Jackson Street, Suite 300 St. Paul, MN 55101 -2887 (651) 223 -3000 WWW. SPRINGSTED. COM Introduction The purpose of Modification No. 3 to the Tax Increment Financing Plan for Tax Increment Financing District No. 3 is to remove 13 parcels within the TIF District (within Site B — Brookdale Area) for which the tax capacity has declined below the frozen values reducing the captured tax capacity within the District, The City cannot currently service annual debt service on their TIF obligations with the available increment generated by the District. Once the 13 parcels have been removed from the District, the frozen value of the District will decline and the projected captured tax capacity will increase and is projected to generate increment sufficient to annually service the City's debt service. Additionally, the contributions to the Housing Fund will increase with the increase in annual increment (15% of TIF receipts are posited into the Housing Fund). The sections specifically modified are Section D, Descripti in District No. 03, and Section M, Estimated Impact on Other Taxing Jurisdictions In all other respects, all findings are as set out in thf,&ginal plan dated "December 19, 1994 .. and those modified by Modification No. 1 dated Or V 8, 1997 and Modi a #ion No. 2 dated April 28, 1997. Ova` °` 1, R �A. "N a � ;r $�� 'ssa � sad• :u x � •° ' ;ss -[, m • • TABLE OF CONTENTS Section Page(s D. Description of Property in District No. 3 .. ............................... .........1 M. Estimated Impact on Other Taxing Jurisdictions......... ........ 2 P . ....................... �y Exhibit I ffi ? u r � -4 x ' a; t' s oaf. �A • Brooklyn Center Economic Development Authority, Minnesota D. Description of Property in District No. 3 The following 13 parcels are to be removed from District No. 3: Site B (Brookdale Area) School District #286 (Brooklyn Center) Parcel ID 02- 118 -21 -31 -0055 02- 118 -21 -31 -0056 02- 118 -21 -31 -0049 School District #281 (Robbinsdale) u Parcel ID. f: 03- 118 -21 -44 -0026 � s_ 03- 118 -21 -41- 0024`` 03- 118 -21 -14 -0032 y 02-118-21-32-0017 02-118-21-32 02- 118 -21 �# • 02 118- '1 ��- 0011�� 02 118x-32 -0011 t 02- 021 ., 02- 1182123 -0023m All other parcels(or replatted } larcels) within TIF District as per Modification No. 2 are to remain it Distract A mapls ancI ded in Exhibit I identifying the entire district (first page) and Site Bi`the parcetsci be rer -yed identified with hash marks (second page). .;: • Springs ed Page 1 Brooklyn Center Economic Development Authority, Minnesota • M. Estimated Impact on Other Taxing Jurisdictions Although this modification does not increase the amount of captured tax capacity identified in Modification No. 2, the removal of the parcels will have an impact on the other taxing jurisdictions based on the current tax capacity within the District (with Pay 2011 estimates). The current tax capacity within the District is much less than the Original and Modified plans anticipated. The removal of the Brookdale parcels from District No. 3 will take pu# these properties from the TIF calculation and the Districts frozen value will be readjuat d resuI ing in a reduction in market value to be realized by the taxing jurisdictions becau�f� values are below the frozen values. The parcels to be removed from District No. 3 have)a frozen tax capacity ° "of $953,264 and a current tax capacity of $432,260 (with Pay 2011 estirl ates). The difference rbetween the frozen and the current is $521,004 ($479,656 in ISD #Z81 and $41,348 in ISD #286' ` captured tax capacity is projected to increase by this amount. ' The taxable net tax capacities of the taxing jurisdictio'bsA4� decline when the removal of the parcels from the Districts takes affecP 2012), whertc mpared to the amount available in Pay 2010. � The chart on the following page identifies the hypo #Metal tax gate increase that would result from this loss of taxable net tax capacity assuming�'P�y�010 'tax rates and taxable net tax • capacities, and estimated 20H1 , t�x capacities v ithln the Tfl� , tnct No. 3. ~r 7 a x • p r i n Page 2 Brooklyn Center Economic Development Authority, Minnesota Estimated Impact on Other Taxing Jurisdictions Re ort City of Brooklyn Center, Minnesota Modification to Tax Increment Financing (Redevelopment District No. 3 Removal of Brookdale ParceW l Impact of Parcel removal (City, County ard, ipchbol Distn' ly) Withouth ' Modification With Modification rr-,Parcel Removal E Pro'ecte;l'� 2009/2010 2009/2010 3djsted New Hypothetical Hypothetical Taxable 2009/2010 Taxable Captured Taxable Increase to Total Taxing Net Tax Local Net Tax 1Jet Tax Net Tax Local Local Jurisdiction Capacity 1 Tax Rate �' ;:ci • 1 + Ca , Ky Capacity Tax Rate Tax Rate City of Brooklyn Center 17,960,128 52.412% 17 9$� �$�004) 17,439,124 1.566% 53.978% Hennepin County 1,439,645,193 �2�4Q% 1 �#39,645;1�� ��� ¢521,004) 1,439,124,189 0.015% 42.655% ISD #281 88,612,938 � 28.62 °I f � 88 1 ,938 (479,656) 88,133,282 0.156% 28.777% ' % *RX4 � ISD #286 5,691835 51173 °f 5,69 ($41,348) 5,650,487 0.374% 51.547% Totals ISD #281 � a26 °�o� 1.737% 125.410% ISD #28r� 425% « 1.956% 148.181% N a. * Statement 1 The�f fi>ioval of the parse if m TIP re S r ct No. 3 would result in a lowering of the TNTC available to the taxing jurisdictions resulting in a hypothetical irirase to tie Local Tax Rate as shown above. The above is calculated based on the pay 2010 tax levy. Y Where ; assuming the same tofaYuy, the recced TNTC resulting from the proposed modification would require each taxing efatityto increase their Idcahtax rate. (1) Taxable net tax capacity = total net tax capacity ,64) tured IF fiscal disparity contribution, if applicable. a . d am' g r i n d Page 3 City of Brooklyn Center, Minnesota Tax Increment Financing (Renewal and Renovation) District No. (The Shingle Creek TIF Project) Time Schedule - Modification of TIF 3 (Draft 212 -08 -2010) Date of Event Modificatio, _3 3 Monday, December 13, 2010 City Counc : for pub wring @ 7:00 PM for Mai January 24, 20 consider modificati . fIF District No. 3 (retie of parcels) (resolutrd -, ovided by Kennedy & Gr Tuesday, December 14, 2010 County Com r notification letter of modification "° )~ District No. 3 30 days o publication notice On /Before December 23, 2010 oun oI Di A ceive impact letters odification s pringsted) days prior to public hearing Thursday, Janua 2011 ' ation of notice of public hearing on Deadline: Tues., Ja modification of TIF No. 3 (arrangements made by Springsted) 10 -30 days prior to public hearing e onday, January 24, Ok,e; City Council holds public hearing, and adopts resolution a� pm consenting to modification of TIF District No. 3 :. (resolution provided by Kennedy & Graven) Monday, Jan 11 EDA adopts resolution modifying TIF District No. 3 Following City Meeting (resolution provided by Kennedy & Graven) After January 24, 2011 Filing of TIF District Modification (completed by Springsted) i Page 1 MEMORANDUM - COUNCIL WORK SESSION DATE: January 7, 2010 TO: Curt Boganey, City Manager FROM: Dan Jordet, Director of Fiscal and Support Services Gary Eitel, Director of Business and Development SUBJECT: Update on Tax Increment Finance Districts COUNCIL ACTION REQUESTED: The status report of these three tax increment districts is being presented as information only: The data is intended to inform the Council of the current status of each of the three active Tax Increment Districts and the potential opportunities to assist in achieving Council goals. TAX INCREMENT FINANCING DISTRICT NO. 2: Tax Increment District No. 2 was established in 1985, as a redevelopment district, to remedy conditions of economic obsolescence, physical blight, under utilization of land, extensive soil corrections which the private sector has not been willing or able to accomplish and correction of numerous traffic hazards and pedestrian conflicts. • In 1994, the district's project area was enlarged to include the geographic boundaries of the city and the following additional objectives were added: • To enhance the tax base of the City. • To provide maximum opportunity, consistent with the needs of the City, for redevelopment by private enterprise. • To better utilize vacant or undeveloped land. • To attract new businesses. • To acquire blighted or deteriorated residential propriety for rehabilitation or clearance and redevelopment. • To develop housing opportunities for market segments underserved in the City, including housing for the disabled and elderly. The District consisted of 61.59 acres located east of Shingle Creek Parkway, north of John Martin Drive and west of Earle Brown Drive and had a base tax capacity of $ 350,282. The 2009 tax capacity of the 11 commercial retail, office, and residential land uses is $999,947, which results in an incremental tax capacity of $ 649,665 or approximately 185 % growth since the district was created. In 2008, the 6.15 acres Embassy Suites site was removed from the District. This district has a fund balance of $1,919,954.66 as of 12- 31 -09. The district is scheduled toe ire in 2011 and is projected to generate $1,743,000 in expire 1? l g additional tax increment revenue which is $1,663,117 in present day value. The City's TIF consultant, Briggs & Morgan, is recommending that a formal budget amendment, including public hearing and notifications to the other governmental units, be completed prior to use of this $3.6M+ of additional funds. TAX INCREMENT FINANCING DISTRICT NO.3 Tax Increment District No. 3 was established in 1994 to provide assistance to various commercial redevelopment and housing development projects within the District The District is a scattered site district with three sites, the Brooklyn Boulevard /69 Area, the Brookdale Area, and the Willow /252 Area and included the following objectives: - To enhance the tax base of the City - To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise, - To better utilize vacant or underdeveloped land - To attract new businesses - To acquire blighted or deteriorated residential property for rehabilitation or clearance and redevelopment, - - To develop housing opportunities for market segments underserved by the City including housing for the disabled and elderly. The district consisted of 221 parcels of land, 174 of which contained existing houses and structures with a 1994 base tax capacity of $2,290,408. The current tax capacity in 2009 is $3,447,706, creating an incremental tax capacity of $1,197,208. Special state legislation associated with the creation of this Tax Increment District included provisions which required that 15% of the revenues generated from tax increment in any year is deposited in the housing development account of the authority and expended according to the tax increment financing plan. Additionally, the legislation included certain time constraints for the expenditure of the tax increments on planned activities /acquisitions /capital improvements. Special legislation extended the initial 10 year deadline to 13 years. and on May 15, 2008, this district moved to a debt service mode (ie. with the exception of the 15% housing fund, all new increment is limited to paying off the existing debt of the district In 2008, the last bond sales allowed within this district occurred which provided the funding for the Xerxes Ave. Streetscape Improvements and the James Ave. water trunk realignment The balance of the loan proceeds is $ 2,134,069, of which $1.8M has been allotted to the 2010 Bass Lake Road Streetscape Improvement Project Additionally, $250,000 of these funds have been identified as a funding source for the City's portion of a potential grant associated with a restoration project of Shingle Creek. Also, in 2008, the EDA adopted Resolution No. 2008 -05 which amended the budget to 2 include the following activities to address foreclosure issues and the 57th and Logan Ave. • dry cleaner vapor study: - Acquisition of single and multi- family housing - Rehabilitation of single and multi- family housing - Environmental remediation of single family and multi- family housing properties The Housing Fund has a balance of $3,154,154 as of December 31, 2009. In January, 2009, the City. Council approved the Renew Loan and Remove & Rebuild Foreclosure Programs and allotted $L6M form this TIF Housing Account. Currently, the Renew Loan Program has used $635,000 of its $1M budget and the Remove and Rebuild Program has used #300,000 of its $600,000 budget. This 15% housing fund will continue to funded by the annual tax increments through the expiration of this district in 2021. Presently, approximately $300,000 a year is placed into this fund which over the remaining 12 years could amount to an additional $3.6 M for housing related activities. The outstanding debt in TIF #3 includes two bond issues: Go Tax Increment Bonds 2004D sold in the amount of $17,245,000. The outstanding principal on these bonds is $14,310,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2020. �.. • GO Tax Increment Bonds 2008A sold in the amount of $4,335,000. The outstanding principal on these bonds is $2,665,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2018. Both Bonds were based on projected tax increments exclusive of the Brookdale Mall properties. $3,432,586.63 of the total $8,720,809.82 cash balance in TIF # 3 is reserved as payment for these debts. An issue that continues to be monitored is the diminishing valuation of the Brookdale Mall properties and their effects on the District's ability to generate sufficient tax increment to meet annual debt service. The 1994 base tax capacity for the Brookdale Mall Properties was 929,426, calculated from a base value of $46,621,300 which included the Applebee's and Kohl's parcels. The current tax capacity, as recently stipulated by Hennepin County, is 424,450 or 504,976 less than the base value, a loss of 54.33 %. This loss is currently absorbed by the entire TIF #3 district before any increment is calculated and lowers the overall increment available from TIF #3 by more than $700,000 ($715,565.85 at a 142.099% tax extension rate). This presents three challenges to the City's economic development efforts: 3 is reduced b leavin g sufficient funds to make dept payments 1. The ability to generate p Y the Brookdale parcels in the TIF #3 district. 2. The availability of any additional funding for economic development incentive or assistance for the Brookdale parcels is curtailed until TIF #3 is decertified in 2021. 3. The removal of the Brookdale parcels from TIF #3 would improve the increment generation of the district and could provide opportunities for the reformation of the Brookdale parcels into a new economic development or tax increment district that could facilitate redevelopment opportunities for the mall properties and surrounding area. However, the action would reduce the general tax base by 504,976 or about 2.16% unless corresponding tax base were added to the general tax base at the same time. TAX INCREMENT FINANCING DISTRICT NO.4 Tax Increment District No. 4 is a soils district that was established in 1999 to assist in certain public redevelopment costs associated with the Twin Lakes Business Park The district consists of 29.26 acres and had abase tax capacity of $37,762. The 2009 tax capacity of the 3 industrial lots (Wickes Furniture - now Wagner Spray Technology, Baker Furniture /Toro, and Caribou) is $ 312,450, a 725% growth of the tax capacity of the district. _ In 2009, the district generated $399,404 in increments,(after fiscal disparity deductions). Of that amount, 97.5% was used to pay off a $1,666,143 note issued in 1999 and a $758,056 note issued in 2002. The outstanding debt in this district is held by Joslyn Manufacturing and Twin Lakes Business Partnership. It is retired on pay -as- you -go basis using only 97.5% of the increments actually paid in the district each year to a maximum of the outstanding note plus interest The pay -as- you -go notes, totally $2,424,199, were issued with an interest rate of 8 %. The obligation matures when the district is decertified in 2020 and any unpaid principal remaining at that time is canceled. 12 -31 -2009 cash balance is $173,043.61 Of that amount, $165,459.46 will be paid to Joslyn Manufacturing and Twin Lakes Business Partnership on February 1, 2010, leaving a net balance of $7,584.15. COUNCIL POLICY ISSUES: The future identification and prioritizing of eligible acquisitions and /or capital improvements that the Council wishes to include in a potential $3.6M + budget amendment to Tax Increment District No. 2. The consideration of the future removal of all or portions of the Brookdale Mall properties from Tax Increment District # 3. 4 Housing Development and Redevelopment Project No. 01 Project Areas fit fill 1 11 it It It If 11 11 C a D P ER LAKE PARK =7" -J LOCAL STREET 4 INDEX N SRI— M TIF 3 Area Before Modification TIF 3 Parcels to be Removed Project Area Boundary N w E + S o 0.36 U Brooklyn Center GIS I Work Session Agenda Item No. 3 • DATE: January 10, 2011 TO: Curt Boganey, City Manager FROM: Vickie Schleuning AS sistant City Manager/Director of Building and Community Standards SUBJECT: Status of Sterling Square Apartments Recommendation: Review the license revocation status as requested by the owner John Roder. Background: On December 13, 2010, Mr. John Roder, owner of Sterling Square Apartments asked the Council to consider early reinstatement of the rental license. City Council requested staff provide an update regarding the status of Sterling Square Apartments for review. The rental license had previously been revoked for one year until April 27, 2011 due to delinquent property tax payments. Resolution#2010-77 revoking the rental license is attached for your information. The following is a brief summary of the actions and status of Sterling Square Apartments as of January 5, 2011: 1. Financial Obligations. Since April 26, 2010, the date the rental license for the Sterling Square Apartment Complex was revoked as a result of delinquent property taxes, both property taxes and city utility payments have been kept current. The next payment for property taxes in the amount of $18,487.36 is due May 15, 2011. The next payment for city utilities is due January 26, 2011 in the amount of$3,807.20. 2. Property Maintenance. By ordinance, properties without a rental license are still required to meet all code requirements. Since the rental license was originally scheduled to expire December 31, 2010, the owner submitted his application for the renewal of his rental license and inspections were conducted to ensure minimum health and life safety standards were being maintained. If all } requirements are met, the license renewal application would be brought forward for Council consideration in April 2011. Property inspections were conducted on October 25, 2010 and December 15, 2010. An additional inspection(s) will be required to ensure compliance of certain code violations as follows: • Exterior violations exist that include repairing stucco, decks, block walls, a walkway slope; removing volunteer trees; and repairing soffits. Because of the nature of these repairs, a weather deferral for compliance has been given until May 15, 2011. • In some buildings /units, repairs are needed to mechanical systems, plumbing, sub floor, and the roof in one building. The roof will require further assessment to determine the scope of the problem and actions needed to correct the leaks. Applicable permits will be required for these items. • Other violations that are generally easier or have shorter compliance times include repairing and/or replacing fire extinguisher box, interior wall, window trim, carpeting, light globe, kitchen cabinet, bath fan, toilet lid, range hood filter, and patio door rollers; designating non - sleeping rooms; removing graffiti, and pest extermination. A reinspection date for these items is scheduled for January 31, 2011. Based on the number of property code violations, the property will qualify for a Type III license. Validated police calls will be considered when the license application is able to be considered by the Council that could result in a Type IV depending on the results. 3. Criminal Activities and Police Calls. Since April 26, 2010 ten disorderly nuisances as defined in 12 -911 occurred. These incidents included two burglaries, two narcotics, three damage to properties, one curfew, one theft and one weapon incident. Total calls for service from April 26, 2010 to January 5, 2011 were 124 calls, compared to 154 from April 26, 2009 to January 1, 2010, a decrease of 19.4 %. Please note that the property has not been at full occupancy. Communication with the property management has unproved with a recent hiring of an onsite manager. As part of the license process, other preventative measures will be reviewed and required as appropriate. 4. Other Property Information. • On approximately December 28, 2010, staff was advised that the mortgage company, Beal Nevada Service Corporation, has contracted with Steven Scott Management to assess the condition and operations of the property. Policy Issues: What are the code considerations for license revocation and reinstatement? What are the policy and precedent implications? Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods Attachments: Council Resolution 2010 -77 • Member T v tto eh a intpodu+eed the fallowing resolution and moved its adoption: REST OL ITION NO. 2010 -77 RESOILLTTION MAK NC FINDTNCS OF FACT AND ORDER RELATING TO STERUNG SQUARE APAR -MiENT , 1400 AND 1401 67TH A. ENNM NORTH AND WO AND 6700 HUMBOLDT AVENIVES NORTH A hearing was held by the Brooklyn, titer City Courici l as the 12th day of April, 2010, at 7:00 pm at tlne Dmo lyn meter City Hall on the matter of the rental lice= of John Paul Roder for Sterling Square Agents ( 1400 and 1441; 67th Avenue North and 6640 and 6700 Humboldt Avenue North) pursuant to Sections 12 -9011 and 12 -910 of the Brooklyn Center City Cam.. City S`, presenting the alleged violations, was represented by William O. Clelland, Esq., Carson, Clella 1. & Scher; Brooklyn Center, Kunnesota. The licensee did not appear. Having heard and duly considered the evidence presentees at the wring and hating given due regard to the feequency and seriousness of the violation, the ease -Aith which the violation could have been cured or avoided and good faith efforts to comply, the Council makes: the following FINDINGS OF • FACT and ORDER, FNDINGS OF FACT 1. John. Paul Roder is the holder of a regular rental license for probes located at 1400 and 1401- 67th Avenue North and 6W and 6700 Humboldt Avenue North. 2. City Code Section 12 - 1, mph 9 provides that at all tunes during the term of a rental license, the. licensee shall be current iin payments of h, utilities, and assessments. 1 Notice of'this proposed lip action was tabled to John Paul Rader. 4. Received, in evidence was a copy of th notice of proposed license action and the letter serving the notice, and copies of Hennepin County tax payment status and, . utility billing history. 5. The City Clem testified that utility payments totaling over Ten Thousand Doll ($10,000) that had been unpaid and delinquent at the time of giving notice of the healing had been paid by the date and time of the hewing on April 12, 2010, except for a balance remaining of $10.35 and that real estate taxes in the annum of $35,055.41 were tmpaid and delinquent at the time and date of the king. i RESOLUTION ISO; 2010 -77 ]BASED UPON SAID FINDINGS, the City Coral now mks the following ORDER L The rental housing lime held by John Paul ladder for the rental dwellings at 1400 anal: 1441— 67th Avmw North and 6640 and 6700 Humtoldt Avenue North is hereby moo ed. No application for a new license shall be granted uardess all payments are current in accordance with City Cody Section 12 -901, p WVh 9. No application for a new lion will be c#idered by the City Council until ApTa 27 .20 11 2, This revocation applies to all paw of 1400 and 1401— 67th Avenue North and 6640 and 6700 Humboldt Avenue North. 3, Revocation shall be motive on and from Apjil 27, 201 t1, • 4. The City Clerk is directed to mail a copy of this Resolution to the l cen . - 5. --- The lime is ad-.ised that Brooldyn c en t e r C4 Cy c Soct on 12 =910, paraMh 8 , prohibits tbe relettin& rental or occupancy ofrental units that are vacant at the firms ofrevocadon and/or that become vacant during the period ofrevocation and until: the lice has a valid rental. lime. 6. The licensee is ftuther advised that 11mcdldyn. Center City Code, Se don. 12-910, paragraph g also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Coda of Cie for as long as any units in the facility are occpied. Fails to comply - with all the term of the City Code. Chapter 1.2 during the terms of the tevocation. is a misdemeanor and grounds for a. decision not to issue a new lip, • AM RESOL 20I0-77 By Order of the City Coil of the City of BIWkIYn Center this -26th day of April, 010 AD6 Date Mayor ATTE T City Clerk _ 'the motion for the adoptien of the foregoing resolution was duly sanded by member Kay Lasman and upon vote being taken thereon,, the fbIIG voted m furor th ofi Tim W llsoTt,, Kay La n, Tits. Roche, Dala kyau, and Mark o-I cat.; and the following voted against the same; t whereupon said reldtion was declared duly pied and adopted. •