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HomeMy WebLinkAbout2014 03-24 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION March 24, 2014 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 24, 2014 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. Rev. Bernard Bouissieres, Brookdale Christian Center Assembly of God 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 fall 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.March 10, 2014— Study Session 2.March 10, 2014 — Regular Session 3. March 10, 2014 — Work Session b. Licenses c.Resolution Approving a Revised Credit Card Use Policy d.Resolution Approving the Labor Agreement for Law Enforcement Labor Services (LELS) Local 82 (Police Officers and Detectives) and the City of Brooklyn Center for the Calendar Years 2014 and 2015 CITY COUNCIL AGENDA -2- March 24, 2014 e.Resolution Adopting the City of Brooklyn Center Pedestrian and Bicycle Plan as a Planning and Development Guide f.Resolution Establishing Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street and Utility Improvements g.Resolution Establishing Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue North Street and Utility Improvements h.Resolution Providing a Six Month Extension to the Time Period for the Approval of the Bri Mar 3'd Addition Final Plat i. Application and Permit for Temporary On-Sale Liquor License Submitted by Miracle Empowerment Center, 5801 John Martin Drive, for a Social Event to be Held May 17, 2014 Resolution Amending Section 9.5 of the City's Personnel Rules and Regulations by Modifying Benefits for City Retirees k. An Ordinance Amending Chapter 23 of the City Code of Ordinance Relating to Tobacco Related Product -Motion to approve first reading and set second reading and public hearing for April 28, 2014. 7.Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring April 1, 2014, as National Service Recognition Day Requested Council Action: —Motion to adopt proclamation. 8.Public Hearings a. Dangerous and Potentially Dangerous Dog Hearing Fees 1. An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs —This item was first read on February 24, 2014; published in the official newspaper on March 6, 2014; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. CITY COUNCIL AGENDA -3- March 24, 2014 2. Resolution Amending the City Fee Schedule to Add Hearing Fees for Dangerous and Potentially Dangerous Dogs Requested Council Action: Motion to adopt resolution. b. Continued Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs —This item was published in the official newspaper on February 20, 2014; offered Public Hearing on March 10, 2014; and is continued this evening Requested Council Action: —Motion to reopen Public Hearing. —Motion to take public input. —Motion to close Public Hearing. 1.Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to adopt resolution. 9.Planning Commission Items —None. 10.Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 5439 Camden Avenue North 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. b.Consideration of Type IV 6-Month Provisional Rental License for 7000 James Avenue North 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- March 24, 2014 c. Consideration of Type IV 6-Month Provisional Rental License for 3901 Burquest Lane 1. Resolution Approving a Type IV Rental License for 3901 Burquest Lane Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 10, 2014 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 Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS There were no agenda items or questions to discuss. MISCELLANEOUS Youth in City Government Day — March 24, 2014 Councilmember Kleven stated the City Council's March 24, 2014, meetings fall on the same date as the Brooklyn Bridge Alliance's Youth in City Government Day event. City Manager Curt Boganey stated the event might be postponed to April, as there are many applications that have not yet been submitted. He added the Alliance hopes that an extension will encourage more young people to apply. He added he would provide further details when he receives them. Amphitheater Project Funding Councilmember Kleven stated she received the Amphitheater project update, which was clear and concise. She added a possible solution for addressing the financial shortfalls might be to conduct the project in phases, completing different areas at different times. She added she and her husband built their family home in a similar way, and wondered if such a concept might work for the amphitheater. Mayor Willson stated the funding issues have arisen as a result of costly environmental mitigation obstacles. Mr. Boganey stated, according to the architect, the increased costs are due to two primary factors: soil mitigation, which will be above original estimates, and the proposed materials and design elements. He added the project will remain within its original cost parameters if the design can be modified without significantly changing the structural 03/10/14 -1- DRAFT appearance, and without reducing or impacting quality, and if soil mitigation issues can be resolved. Mr. Boganey stated, in response to Councilmember Kleven's suggestion, the idea of completing the amphitheater in phases had been discussed with the architect, but did not seem feasible. He added he does not recall the specific reasons, but agreed to provide more information for the City Council's review. Councilmember Kleven thanked Mr. Boganey. Mr. Boganey stated additional materials were provided for the City Council's review that relate to Regular Session Agenda Item 8a, Proposed Special Assessments. City Manager's Review and Compensation Mayor Willson requested the City Council's consideration of an additional agenda item for discussion related to the City Manager's compensation and review. He provided copies of a staff memo and proposed agreement addendum. It was the majority consensus of the City Council to amend the Regular Session Agenda to include Item 10b, Resolution Authorizing Third Addendum to City Manager Employment Agreement. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS E-CIGARETTE OPTIONS Mayor Willson stated that this issue has gained attention on the national level recently as communities and elected officials continue to review their policies and affirm their positions against the use of e-cigarettes and vaping devices in public places. Mr. Boganey stated City staff was instructed by the City Council to provide options for policies that the City can employ in response to these concerns. He introduced Police Commander Tim Gannon, and invited him to address the City Council. Commander Gannon presented a review of three options for an ordinance amendment related to e-cigarettes and sampling. He stated the inclusion of specific definitions would allow the City to prohibit sampling in vaping rooms, as well as the sale of "loosies," or individual cigarettes. Commander Gannon stated the third option would provide the most far-reaching change, as it would adopt provisions of the model policy including restrictions on the granting of licenses. He added Part 5 of the third option relates to compliance checks, during which a licensed premises must be open to inspection by the City during regular hours. Mayor Willson asked whether the term "licensed premises" includes public parks and other public spaces. Commander Gannon stated it does not. Mayor Willson stated that he has heard that the City of Los Angeles has banned the use of electronic vaping devices in all public spaces. Commander Gannon stated a bill currently being proposed in the Minnesota Legislature by Representative Phyllis Kahn seeks to encompass e-devices with tobacco products. He added Representative Kahn was the chief author of the 1975 Minnesota Clean Indoor Air Act. 03/10/14 -2- DRAFT Councilmember Ryan stated it would be easier to prohibit the use of vaping devices in public if there was a clarification in State law. He added the City cannot be less restrictive than the State. Councilmember Kleven stated, in her opinion, the penalty fines should be higher. Mayor Willson stated lower income residents would be negatively affected in a significant way, if the minimum wage bill does not pass. He added this issue could be reviewed if there is a significant increase in violations. Commander Gannon stated that 24 businesses in Brooklyn Center had tobacco licenses in 2013, and there were 8 compliance check failures, with no repeat offenders. Councilmember Lawrence-Anderson thanked Commander Gannon for his presentation. She stated the addition of a policy of revoking driver's licenses for repeat offenders could be considered. Mayor Willson stated that a revoked license could have far-reaching implications in people's lives. He added he is unsure whether that should be considered as an effective tool. Councilmember Myszkowski stated the legal age for tobacco use in New York was increased to 21 years of age. She asked whether that could be done in Brooklyn Center. Mayor Willson stated he is unsure whether that would be legal, as it would conflict with State statute. Mr. Boganey stated that is a question for City Attorney Charlie LeFevere. Mayor Willson asked whether Mr. LeFevere has reviewed Option 3. Mr. Boganey responded affirmatively. Mr. Boganey stated he agrees with Commander Gannon that Option 3 is more comprehensive, and provides the City with tools for regulation and licensing, as well as giving clarity and specificity. He added City staff supports the third option, as it is an improvement over the current ordinance. He noted it would be necessary to modify the City's licensing process. Mayor Willson stated that while he agrees that specificity can be very beneficial, he is unsure whether it should become a format for future ordinances. He added, in this case, it is a good thing, and he can support it. Councilmember Lawrence-Anderson stated she supports the third option, and she appreciates the definition of "movable place of business" in Part 2. Councilmember Kleven stated she supports the third option. Mayor Willson asked whether the proposed ordinances' first reading could be scheduled for the City Council's next Regular Session meeting. Mr. Boganey agreed, adding City staff would prepare new language to replace the existing ordinance, and publish the public hearing notice. Mayor Willson stated Commander Gannon should be proud of his excellent work on this issue, and thanked him for his review. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL -3- DRAFT03/10/14 Councilmember Ryan made a motion, seconded by Councilmember Kleven, to adjourn the Study Session at 6:42 p.m. RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:58 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:59 p.m. 03/10/14 -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 MARCH 10, 2014 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 Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, 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 Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Ed Doll, 1201 57 th Avenue N., stated he applied for a two-year rental license for his property in April of 2013 and paid the license fee of $450. He said the tenants incurred many violations and abandoned the property, and upon inspection, the property was recommended for a Type IV 6-month provisional rental license. He noted he does not believe it is fair and the license should not be changed. He further stated the tenants did not speak English and did not understand the inspection process. Mrs. Ed Doll stated she and her husband have owned the building for over 40 years, and this has never happened to them before. Mr. Doll stated he believes the tenants moved out when they received the inspection notice. He added he cannot afford the new license fee. Scott Barrett, 6487 Pheasant Hills Drive, Lino Lakes, stated he owns a rental property at 7081 Unity Avenue N.. He added he purchased the deed for the property over a year ago but has not been contacted by the bank. He noted, in the meantime, the rental license lapsed and the City will not renew it due to an outstanding tax bill. Mr. Barrett stated he wishes to comply with the City's license procedure but he is unable to pay taxes on the property. He added he has received no notification from the bank, and he does not want to evict his tenants. He requested a 6-month extension on the current rental license to give him an opportunity to negotiate with the bank. 03/10/14 -1- DRAFT Mayor Willson stated the City Council would not debate these issues at this meeting, but City staff would provide additional information for the City Council's review, and a letter from City staff would be sent. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Public Forum at 6:58 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested a moment of silence for the Invocation, to remember the 239 passengers and crewmembers of Malaysia Airlines Flight 370 that disappeared this past weekend over the South China Sea region in Southeast Asia. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, 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 Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, as amended, with the following addition to the Regular Session Agenda of March 10, 2014: Item 10b. — Resolution Authorizing Third Addendum to City Manager Employment Agreement, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.February 20, 2014— Special Session 2.February 24, 2014 — Study Session 3.February 24, 2014— Regular Session 4.February 24, 2014 — Work Session 5. March 3, 2014 — Special Session 03/10/14 -2- DRAFT 6b. LICENSES MECHANICAL 3-D Heating & A/C Air Conditioning Associates American Air Supply B & D Plumbing, Htg & A/C Centraire Htg & A/C, Inc. Corporate Mechanical Crosstown Mechanical DJ's Heating & Air Cond. Follmer Heating and Air, Inc. Golden Valley Heating Hoffman Refrigeration & Heating Home Energy Center Horwitz, Inc. J. Berd Mechanical Knott Mechanical, Inc. McAlister Mechanical Minnesota Heating & A/C Northern Heating & A/C, Inc. Riccar Heating & A/C Ron's Mechanical Sabre Heating & A/C Schadegg Mechanical, Inc. Solid Refrigeration, LLC Standard Heating & A/C Ray Vin Zant Plumbing Nguyenzel Heating & A/C RENTAL INITIAL (TYPE III— one-year license) 7136 Fremont Avenue N INITIAL (TYPE — two-year license) 3412 62 Avenue N Passed w/Weather Deferral 7217 Camden Avenue N 6015 Dupont Avenue N 2213 Ericon Drive 5821 Ewing Avenue N 4207 Lakeside Avenue #220 6124 Scott Avenue N RENEWAL (TYPE III— one-year license) 5314 71 st Circle 206 Jefferson Avenue, Watertown 55 West Ivy Avenue, St. Paul 11257 20'7 th Avenue NW, Elk River 4145 MacKenzie Court, St. Michael 7402 Washington Avenue S, Eden Prairie 5114 Hillsboro Avenue N, New Hope 3115 Long Lake Road, Roseville, MN 6060 LaBeaux Avenue NE, Albertville 7517 Colfax Avenue N, Brooklyn Park 5182 W. Broadway, Crystal 5660 Memorial Avenue N, Stillwater 2415 Annapolis Lane N, Plymouth 4401 Quebec Avenue N, New Hope 3308 Southway Drive, St. Cloud 3051 220 th Street E, Prior Lake 1828 Pierce Street NE, Minneapolis 10701 93 rd Avenue N, Maple Grove 9431 Alpine Drive NW, Ramsey 2387 Station Parkway NW, Andover 12010 Old Brick Road, Shakopee 15535 Medina Road, Plymouth 225 Bridgepoint Drive, So. St. Paul 1125 American Boulevard E, Bloomington 130 Plymouth Avenue N, Minneapolis 593 Hamline Avenue N, St. Paul 4145 Old Sibley Memorial Hwy, Eagan Phyllis Weisberg Neng Zhang Invitation Homes Main Street Renewal Timothy Quam Invitation Homes Matthew Blackler Invitation Homes Abbas Ali — No ARM Meetings 03/10/14 -3- DRAFT 5632 Emerson Avenue N Passed w/Weather Deferral 6001 Emerson Avenue N 6437 Kyle Avenue N RENEWAL (TYPE H— two-year license) 700-890 66 th Avenue N — Georgetown Park Passed w/ Weather Deferral 6835 Colfax Avenue N 7142 France Avenue N 5320 Humboldt Avenue N 4207 Lakeside Avenue #224 RENEWAL (TYPE I — three-year license) 1304 68 th Ln N 7208 Dallas Road 6212 Kyle Avenue N 6737 Regent Avenue N Passed w/Weather Deferral SIGNHANGER A Sign & Screen Printing Signart Company Sign Source Topline Advertising Lisa Daher Keith Carrico Sheng Lee — No ARM or CFHC Wiensch Construction Adeyinka Badewa Deepak Nath Jacki Smith Marina Feldman Samuel Holloway III Neng Zhang Kristine Rousseau Kim Vu-Tran 708 Lowry Avenue N, Minneapolis 2170 Dodd Road, Mendota Heights 7660 Quattro Drive, Chanhassen 11775 Justen Circle, Maple Grove 6c.RESOLUTION NO. 2014-31 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6d.RESOLUTION NO. 2014-32 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT NO. 2014-07, CONTRACT 14-D, 2014 STREET SEAL COATING Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8.PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS 03/10/14 -4- DRAFT Assistant City Manager/Director of Building and Community. Standards Vickie Schleuning introduced this item and requested the City Council's consideration of two public hearings to be held regarding proposed special assessments. Ms. Schleuning stated property owners have been notified of special assessments for costs related to removal of diseased trees and weeds on their property. She added property owners are responsible for abatement performed by the City. She noted the current levy roll has been provided to the City Council for their review, along with two written appeals that were submitted to City staff. Ms. Schleuning stated City staff recommends that the two public hearings be conducted concurrently, with appellant parties stating the basis for their appeal at the podium during the public hearing portion. She added property owners can then provide contact information if the City Council believes the basis for appeal is reasonable, and further review is required. She noted these appeals would be removed from the proposed levy roll, and the levy is scheduled for March 24, 2014. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public Hearing on assessments for diseased tree removal costs. Motion passed unanimously. There were no comments. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2014-33 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COST TO HENNEPIN COUNTY TAX ROLLS Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-33 certifying Special Assessments for diseased tree removal costs to Hennepin County Tax Rolls, with the following property omitted from Amended Special Assessment Certified Roll (Trees), and instructing City staff to continue the public hearing on this assessment to the Special Assessment Hearings on March 24, 2014: 1606 Amy Lane Property ID 26-119-21-41-0051 Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing on assessments for weed removal costs. 03/10/14 -5- DRAFT Motion passed unanimously. Tina Nguyen, 5500 Oliver Avenue N., stated she purchased her property in 2012. She added the weeds on her neighbor's property were cut by the City, and a fee was charged to the owner of that property. She added that this special assessment is for her neighbor's weeds that were cut, and the assessment should not be charged to her property. Mr. LeFevere stated that the neighboring property referred to by Ms. Nguyen should be identified to determine whether it was on the levy rolls. He added this must be verified before the special assessments are adopted so the property in question is not omitted. Ms. Schleuning stated Ms. Nguyen contacted City staff regarding this issue, and the parcel was removed from the levy rolls at that time. She added City staff would follow up with Ms. Nguyen. Laura Vang, 6341 Halifax Drive, stated she received a letter from City staff regarding a special assessment for a total of $282.26. She added the special assessment amount was listed in a settlement statement that she received from HUD, and that amount was $375.65. Daniel Odole, 5441 Dupont Avenue N., stated he received a letter from the City regarding a charge for removal of weeds and tall grass. He added he has lived in the home for four years, and hired someone to cut the grass every two weeks. He noted he is unsure why the City would charge him to cut his grass, when it was being cut regularly. Alex Zorb, 5815 Humboldt Avenue N., stated he received a letter dated February 15, 2014, with a special assessment for tall weed removal on August 26, 2013. He added he closed on the property on August 21, 2013. He noted he should not be charged an assessment for weeds that were cut by the City only five days after he purchased the property. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 2. RESOLUTION NO. 2014-34 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-34 certifying Special Assessments for weed removal costs to Hennepin County Tax Rolls, with the following properties omitted from Amended Special Assessment Certified Roll (Grass/Weeds), and instructing City staff to continue the public hearing on these assessments to the Special Assessment Hearings on March 24, 2014: 5500 Oliver Avenue North 6341 Halifax Drive 5441 Dupont Avenue North 5815 Humboldt Avenue North Property ID 02-118-21-42-0122 Property ID 34-119-21-31-0006 Property ID 01-118-21-33-0076 Property ID 02-118-21-14-0065 03/10/14 -6- DRAFT Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR THE PINES OF BROOKLYN CENTER APARTMENTS, 6511-6521 HUMBOLDT AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that The Pines of Brooklyn Center Apartments, 6511-6521 Humboldt Avenue North, was inspected and 336 property code violations were cited and ultimately corrected. There have been 13 validated police incidents/nuisance calls within the last 12 months. 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. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Ms. Schleuning stated The Pines is a 102-unit multi-family residential complex. She added 336 property code violations were cited during an inspection on September 18, 2013, and an extension was requested on October 23, 2013, due to new on-site management. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Dave Schroeder, representing Spectrum Properties Management, stated his employer owns The Pines of Brooklyn Center Apartments. He introduced Kay Anschutz, the on-site property agent. He stated many properties in Brooklyn Center are getting bumped to Type IV licenses, and it seems to be a problem. He added he placed one of the police incident calls when someone attempted to break into the office. He noted it is unfair that a police incident call that he made should count against the property. Mayor Willson asked, with regard to Mr. Schroeder's assertion that many local properties are being downgraded to Type IV, whether Mr. Schroeder is associated with any other properties in Brooklyn Center. Mr. Schroeder stated he is not, but he has heard that other property owners have been bumped down to Type IV, and they feel victimized. He added the City's inspection process is too aggressive, and some items on the list of code violations were corrected but not recorded by the inspector. 03/10/14 -7- DRAFT Mr. Schroeder stated his apartment complex is located across from the high school, and they have a lot of problems with young people coming into the complex. He added he feels like he is being picked on. He noted he has asked City staff to add him to the crime hotline, but he has never received the updates, although he is on site five days a week. Ms. Anschutz stated many of the code violations were apartment doors that did not close on their own, and each apartment has two doors. She added that has never been a code violation in the past. Mr. Boganey stated, for the purpose of clarification, that the City tracks the number of police incident calls as required by City ordinance. He added the threshold for police calls in this case was not met, and therefore was not a factor in the license category that is being recommended for this property. Mr. Schroeder stated that is not what he was told by City staff. Mr. Boganey stated the threshold is .35 calls for more than 5 units, and The Pines of Brooklyn Center had .13 police calls per unit, as specified in the City Code of Ordinances, which is available to the public on the City's website. Councilmember Myszkowski moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for The Pines of Brooklyn Center Apartments, 6511-6521 Humboldt Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. RESOLUTION NO. 2014-34 AUTHORIZING THIRD ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT Mayor Willson stated the City Council recently completed two subsequent closed session meetings to discuss the City Manager's review and compensation. He added the City Council agreed that Mr. Boganey is doing an excellent job for the City, and has made considerable advancements in the areas of redevelopment, hiring and staff management. He noted a document has been prepared to that effect, which was reviewed by Mr. LeFevere in preparation for the City Council's discussion and proposed approval at tonight's meeting. Councilmember Myszkowski thanked Mr. Boganey for his hard work and support of the City Council, and for making it easy for the City Councilmembers to go out into the community to represent Brooklyn Center and talk about the great things that are happening here. Councilmember Ryan concurred, stating the City Manager's position is a critical one within local government, ensuring that the administration of the City is done effectively. He thanked Mr. Boganey for his hard work, adding that the City Council is pleased to present the review to him. 03/10/14 -8- DRAFT Councilmember Kleven concurred with the statements of Councilmember Myszkowski and Councilmember Ryan. Councilmember Lawrence-Anderson agreed, and expressed her appreciation of the fantastic staff that Mr. Boganey has assembled, and the good work that he does on behalf of the City. Mr. Boganey thanked the City Council for their positive comments. He stated he looks forward to reading the review drafted by the City Council. He gave credit to the outstanding City staff that are responsible for the great results that are being seen, and for moving forward with positive results. Mayor Willson stated the City Council, after careful consideration, recommends a base salary increase for the City Manager of $6,000 and a salary increase of 3% beginning on July 1, 2014. He added this will bring the City Manager's annual salary to $144,383. He noted this figure falls in the middle range of other metropolitan area cities that were included in a city managers base pay survey, ranking in fifth place out of nine cities. Mayor Willson noted that the City Council was late in conducting this review, and apologized for the delay. He added the next City Manager's review would be held in July 2015. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-34 Authorizing Third Addendum to City Manager Employment Agreement. Motion passed unanimously. Councilmember Myszkowski stated the other metropolitan area cities that were used as part of the City Managers base pay survey were: Crystal, Fridley, Golden Valley, Maplewood, New Hope, Richfield, Roseville, Shorewood, and White Bear Lake. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •February 25, 2014, First Day of 2014 Minnesota State Legislature •February 27, 2014, participated in Minnesota Cities Day at the State Capitol, sponsored by League of Minnesota Cities •February 27, 2014, unable to attend Hennepin County/Brooklyn Bridge Alliance for Youth Afterschool Summit •March 3, 2014, invited to read to Mrs. Erickson's second grade class at Evergreen Park Elementary School on NEA Read Across America Day •March 4, 2014, Multi-Cultural Advisory Committee's Minority Action Coalition meeting at Brooklyn Center Police Department •March 5, 2014, National Cancer Society's Day at the Capital 03/10/14 -9- DRAFT •March 11, 2014, will attend planning meeting for Crime Prevention Association's book drive fundraiser •March 12, 2014, will attend City Council's tour of Andover water treatment plant Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •February 25, 2014, Crime Prevention Association's book drive fundraiser planning meeting •February 27, 2014, Hennepin County/Brooklyn Bridge Alliance for Youth's Champions for Afterschool Summit •February 27, 2014, Brooklyn Center Business Association luncheon featuring presentations by Reverend Rachel Morey and Officer Kris Knodle regarding youth hunger and homelessness within the community •February 27, 2014, Planning Commission meeting •February 28, 2014, met with managers of senior housing in Brooklyn Center; The Crossings has received a MADACS Award, the highest honor in Minnesota's multi-housing industry; Jesse Gully was nominated for Best Manager in Senior Housing for 2013 •March 3, 2013, unable to attend Evergreen Park Elementary School's Dr. Seuss Week, but contributed Dr. Seuss characters to the school and its students •March 4, 2014, Multi-Cultural Advisory Committee meeting •March 9, 2014, Centerbrook Golf Course Open House Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •February 27, 2014, Hennepin County/Brooklyn Bridge Alliance for Youth Afterschool Summit •March 3, 2014, invited to read to second and third graders at Evergreen Park Elementary School on NEA Read Across America Day •March 3, 2014, City Council Closed Session meeting to discuss City Manager's Review and Compensation •March 5, 2014, CEAP Executive Meeting, at which President/Executive Director Byron Laher announced his retirement effective June 30, 2014 •March 6, 2014, reception for Osseo Area Schools Superintendent Kate McGuire - MN Association of School Administrators' 2014 Minnesota Superintendent of the Year •March 7, 2014, met with Rachel Laurie, Recruitment & Outreach Coordinator for Volunteers of America, regarding RSVP Volunteer Program - she invited Mayor Willson to CEAP on April 1, Mayor's Day of Recognition for National Service, to visit with Meals on Wheels volunteers Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •February 27, 2014, Brooklyn Center Business Association luncheon featuring presentations by Reverend Rachel Morey and Officer Kris Knodle regarding youth hunger and homelessness within the community •February 27, 2014, Odyssey Academy Special Board Meeting 03/10/14 -10- DRAFT •March 3, 2014, invited to Odyssey Academy to read to third graders on NEA Read Across America Day •March 3, 2014, Brooklyn Center Business Association Executive Meeting •March 3, 2014, City Council Closed Session meeting to discuss City Manager's Review and Compensation •March 5, 2014, Odyssey Academy Board Meeting •March 12, 2014, City Council visit to Andover water treatment plant •March 27, 2014, Brooklyn Center Business Association meeting featuring guest speaker Curt Boganey •Announced that she was accepted into Minneapolis FBI Citizens Academy in May 2014, with graduation on June 26, 2014 •Recently accepted a position on the management team at Arc Mayor Willson reported on his attendance at the following and provided infoimation on the following upcoming events: •February 27, 2014, Hennepin County/Brooklyn Bridge Alliance for Youth Afterschool Summit •February 27, 2014, meeting with Mr. Boganey in preparation for City Council closed session meeting regarding City Manager's Review and Compensation •March 3, 2014, invited to Evergreen Park Elementary School to read to first and second grade classes on NEA Read Across America Day •March 3, 2014, City Council Closed Session meeting to discuss City Manager's Review and Compensation •March 4, 2014, Dangerous Dog Hearing •March 12, 2014, City Council visit to Andover water treatment plant •March 18, 2014, discussion forum on homeless youth in the northwest suburbs, sponsored by Think Again MN, to be held at Brooklyn Park City Hall •March 21, 2014, North Hennepin Chamber of Commerce Annual Gala, to be held at Minneapolis Marriott Northwest Hotel 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:15 p.m. Motion passed unanimously. -11- DRAFT03/10/14 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MARCH 10, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:15 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. DISCUSSION ON OPTION OF ENTERING INTO A TWO YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES Director of Business and Development Gary Eitel introduced this item, and requested the City Council/EDA's feedback and comments on a proposed agreement with Hennepin County to contract for assessing services. Mr. Eitel gave a review of a proposed assessment process, through which assessments would be conducted by Hennepin County for a two-year contractual period. He added the County's primary responsibility would be to evaluate and classify properties in Brooklyn Center, removing the burden from City Assessing staff. Mayor/President Willson asked whether the County's contract would include conducting the City's Annual Board of Equalization. Mr. Boganey confirmed this. Mayor/President Willson asked whether Councilmembers/Commissioners would need training to become familiar with the County's equalization process. Mr. Boganey stated that is a requirement as long as the City continues to have its own Board of Equalization. Mayor/President Willson stated he believes it is an important service for the citizens of Brooklyn Center. Mayor/President Willson asked whether City staff would be affected by the contract. Mr. Boganey stated the County staff will complete commercial and industrial assessments, and a City employee familiar with the assessment process will remain on staff for residential assessments. He noted the County has determined that they would require a junior appraiser position. -1- DRAFT03/10/14 Mr. Eitel stated the City employee would conduct residential appraisals through September 2014, the cost of which would be deducted from the County's contract fee. He added the employee will be able to seek other opportunities, and will have a chance to learn about the County's assessment process and be considered for positions at the County level. He noted the employee would be provided with a severance in December 2014 if another position were not secured by then. Mayor/President Willson stated he would not want the employee to lose their job, and their income, during the holiday season. Councilmember/Commissioner Ryan stated he is in favor of the proposed assessment process. Mayor/President Willson stated he is confident the new assessment process will be successful. Mr. Boganey stated it is a positive step for City staff. It was the majority consensus of the City Council/EDA to support the transition to a contract agreement with Hennepin County for Assessing Services for a period of two years. ADJOURNMENT The City Council/Economic Development Authority Work Session was adjourned at 8:40 p.m. Motion passed unanimously. -2- DRAFT03/10/14 City Council Agenda Item No 6b COUNCIL ITEM MEMORANDUM DATE: March 18, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk,,,, aQ.411T-- SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 24, 2014. 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. MECHANCIAL Archer Mechanical Air Corps LLC Air Mechanical, Inc. CenterPoint Energy Fireplace Gallery Fireside Hearth & Home Go Fetsch Mechanical LLC Harris Companies Heating 8z Cooling Two Jay Hawk Mechanical Kath HVAC Marsh Heating & A/C Metro Mechanical Contractors Minnesota Petroleum Service Pronto Heating & A/C Quality Refrigeration RF Lesch, Inc. RENTAL See attached report. 1614 Cliff Road E, Burnsville 2230 Terminal Road, Roseville 16411 Aberdeen Street NE, Ham Lake 9320 Evergreen Boulevard, Coon Rapids 433 E Main Street, Anoka 2700 Fairview Avenue N, Roseville 25884 Quail Ridge Trail, Lindstrom 909 Montreal Circle, St. Paul 18550 County Road 81, Maple Grove 3307 N 2'd Street, Minneapolis 3096 Rice Street, Little Canada 6248 Lakeland Ave, Brooklyn Park 7450 Flying Cloud Drive, Eden Prairie 682 39 th Avenue NE, Minneapolis 7500 Washington Avenue S, Eden Prairie 6237 Penn Avenue S, Richfield 5518 Lost Horizon Circle SE, Prior Lake Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Type I — 3 Year Number of Units 1-2 units Property Code Violations per Inspected Unit 0-1 Type II— 2 Year1-2 units Greater than 1 but not more than 4 Type III — 1 Year 3+ units 1-2 units Greater than 0. Greater than 4 75 but not more than 1.5 but not more than 8 3+ units Greater than 1 .5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Background: Minnesota Statute 471.382 allows cities to use credit cards for city purchases in accordance with other applicable state laws. The City's current credit card policy was established in September 2007. Staff has reviewed the current policy and credit card transactions from the past two years and provided recommended changes to the policy (deletions are shown as strikethrough, additions are underlined). In the past few years credit card use has increased steadily, mainly as a result of registrations for training and conferences and online purchases that require the use of a credit card. Significant changes are summarized as follows: •Added the Chief of Police, Public Works Director and Community Activities, Recreation & Services Director as authorized account holders O Additional language clarifying that staff is required to have prior authorization from account holder for each credit card transaction •Specifically stating a maximum $5,000 credit limit per account O Updated the sales tax rate and added language for purchases exempt from sales tax O Added language to authorize the Finance department to pay the credit card bill outside the normal vendor payment process, if necessary, to avoid finance charges In February 2014, the Minnesota State Auditor revised their Position Statement regarding Credit Card Use and Policies. The main concerns of the State Auditor's Office are to limit the use of credit cards to appropriate public expenditures and to deter public agencies from using credit cards as another form of debt leverage. A copy is attached. Accordingly, the City Credit Card Use Policy was developed to reflect State Statutes and State Auditor Office recommendations. This policy sets forth operational guidelines and internal controls are summarized as follows: •Identifying officers and employees who are authorized to make purchases on behalf of the city and identify those who are eligible to use the card. •Identifying the particular type of purchases to be made with the card. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM •Setting up a review process for all purchases made with the card. •Prohibiting the use of a city credit card for personal purchases. •Requiring supporting documentation for credit card purchases. •Limiting the total amount of charges that can be made on city credit cards. The Credit Card Policy will be incorporated in the City Council Code of Policies, Purchasing/Disposal of Property Policies, Section 2.51 Credit Card Policy. As a result of the addition of this policy, Section 2.51 City Disposal of Property Policy will be re-numbered as Section 2.52. Budget Issues: There are no budget issues to consider. Strategic Priorities: •Financial Stability _ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people anti preserves the public trust CREDIT CARD USE POLICY - ADDENDUM 3/24/2014 Additional Retail Credit Card Accounts In addition to the City credit card accounts the City has credit cards with the following vendors: Target Home Depot A list of cardholders is maintained by the Finance Department for these accounts. After a purchase is made the receipt/purchase order should be approved, coded and sent to the Finance Department to reconcile with the monthly bill. cAusers\mrosenbaum\appdata\local\microsoft\windows\inetcache\content.outlook\i6wgo8e1 \credit card use policy finance addendunn.doc 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A REVISED CREDIT CARD USE POLICY WHEREAS, Minnesota statutes allow cities to use credit cards for purchases in accordance with applicable regulations; and WHEREAS, it is beneficial to the City to use credit cards for the transactions of certain purchases; and WHEREAS, the Minnesota State Auditor's Office recommends that public agencies have a comprehensive credit card policy; and WHEREAS, the credit card policy establishes the appropriate internal controls and procedures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, approves the revised Credit Card Use Policy. March 24, 2014 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. CREDIT CARD USE POLICY Proposed Adopted 09/19/2007 Revised 3/24/2014 Authorized Account Holders The City will issue credit cards to the following positions: City Manager City Clerk City Manager's Designee Chief of Police Public Works Director Community Activities, Recreation & Services Director Staff authorized by the City's Purchasing Policy to purchase on behalf of the City may make charges to a City issued credit card by contacting one of the authorized account holders for account information. Staff that are not authorized account holders as identified in this policy, shall not retain credit card information or make purchases using a City issued credit card without prior approval from an authorized account holder. The Finance department will be responsible for establishing, updating, and closing all City issued credit card accounts. process for banking seevices-as established in the City Council Codc of Policies. Thc credit limit on these olicy, not to exceed that amount for which a c authority-to-app-Pave, The credit limit on these accounts will be established individually, based on an appropriate level of need, not to exceed $5,000. The credit limit on these accounts will be in accordance with the City's Purchasing policy. Upon termination of employment with the City, the City issued credit card will be returned to the Finance Department on or before the employee's last day of employment. Use of City Issued Credit Cards Purchases using a City issued credit card authorized by this policy include those purchases that cannot readily be made through the City's normal vendor payment process, as outlined in the City's Purchasing Policy. These items include, but are not limited to: airline and hotel accommodations for authorized conferences and training, training and conference registrations 4ad-e-ev-ar4he-i-n-tar44et, purchases made over the internet for items that cannot be purchased by other means or for cost savings, and purchases or rentals of equipment that require immediate payment (i.e., delivering and retrieving election equipment from voting places). City issued credit cards are to be used for authorized City purchases only. No personal use of the City issued credit card is allowed. No single purchase shall be made on a City issued credit card that exceeds the credit limit available on that card. Documentation for Purchases The billing statement from the credit card issuer does not contain sufficient information to document a purchase made. Appropriate documentation is required for all purchases to verify compliance with this policy and the City's Purchasing Policy. A copy of the invoice or receipt for payment must be included to verify the amount charged on the card. Receipts from vendors that only list the total charged are not considered sufficient documentation. The receipt must identify all products or services purchased, shipping charges, and sales tax. A printed •• * C - e- ...e-e • •• •2 22 cAusers\mrosenbaum\appdata\local\microsoft\windows\inetcache\content.outlook\i6wgo8el\credit card use policy 09- 19-07 (revised 3-24-14).doc 1 confirmation of an internet purchase should may be sufficient to comply with this requirement. If an invoice is not immediately available, the invoice must be forwarded to the Finance department when it becomes available and another form of documentation must accompany the original charge. *Note: Use tax will be added to any item that would be subject to sales tax if purchased in Minnesota. Card users should ensure that the proper tax rate is used when a vendor collects sales tax for Minnesota, -6,5% 6.875%. For purchases that are exempt from sales tax, the City is required to provide the vendor with a completed Minnesota Certificate of Exemption (ST3 Form). The City is not required to pay local sales tax, such as the Hennepin County Stadium sales tax of 0.15% or the Minneapolis Stadium sales tax of 0.5%. (The zip code 55430 includes property in both Brooklyn Center and Minneapolis, so some vendors may incorrectly charge the Minneapolis sales tax.) However, the City is required to pay any special sales tax, such as a hospitality tax charged on hotel or dining within another City or County. The budget account to which the purchase should be charged must accompany all documentation included with each statement. Staff may contact the Finance Department with questions on the appropriate account codes. Any meals charged to a City issued credit card should include an explanation of those in attendance and the purpose of meeting held. In any instance where a product or service purchased with a City issued credit card is returned or canceled the transaction must be refunded to the credit card account. Review and Payment of City Issued Credit Card Statements All credit card statements will be reviewed by the Finance Department for compliance with this policy. Additional documentation may be requested from a card user to ensure compliance with this policy and the City's Purchasing Policy. Payment of the outstanding balance of City issued credit cards will typically be made through the City's normal vendor payment process, however, the Finance Department reserves the right to pay the credit card bill outside the normal vendor payment process if necessary to avoid finance charges. Upon receiving the monthly credit card statement, .account holders should match credit card charges with supporting documentation to ensure all charges have been accounted for. The documentation shall be forwarded to the Finance department within 5 business days from when prior to the an-d-of-the-mon-th-i-n which the current statement is received, to ensure prompt payment and to avoid finance charges. The Finance Department will periodically review the use of the City issued credit cards to determine if accounts can be established with vendors where repetitive purchases are made. If an account has been established with a vendor, all purchases should be made through that process, unless extenuating circumstances exist. Unauthorized Purchases/Noncompliance with Policy Personal use of the City issued credit card is prohibited. Each card holder will be responsible for ensuring that purchases made with their card comply with this policy and the City's Purchasing Policy. Purchases that do not comply with this policy, or that are not approved by the City Council, may become the personal responsibility of the card holder and/or purchaser. Not covered under this policy This policy does not restrict the use of personal credit cards for purchases/payments eligible for reimbursement from the City in accordance with the City's Purchasing Policy. cAusers\mrosenbaum\appdata\locaRmicrosoft\windows\inetcache\content.outlook\i6wgo8e1\credit card use policy 09- 19-07 (revised 3-24-14).doc 2 STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 500 525 PARK STREET SAINT PAUL, MN 55103-2139 (651) 296-2551 (Voice) (651) 296-4755 (Fax) state.auditor@osa.state.mn.us (E-mail) 1-800-627-3529 (Relay Service) REBECCA OTTO STATE AUDITOR Statement of Position Credit Card Use and Policies Counties, cities, towns, school districts, watershed districts, and soil and water conservation districts have authority to make purchases using credit cards issued to the public entity.' The statutes authorizing credit card use by public entities restrict the use of credit cards to purchases for the public entity. No personal use of the credit card is permitted.2 According to Minnesota law, credit cards should only be used by those employees and officers otherwise authorized to make purchases. If the public entity does not authorize a credit card purchase, the officer or employee who made the purchase becomes personally liable for the amount of purchase. Purchases made with the credit card must be consistent with other state law. For example, under Minnesota law, claims presented for payment must be in writing and itemized.3 Monthly statements received from a credit card company lack sufficient detail to comply with these statutory requirements. As a result, public entities using credit cards must retain the invoices and receipts needed to support the items charged in the bill from the credit card company.4 Similarly, listing only the credit card company on a claims list would merely identify the method of payment. It does not identify the vendors providing the goods and services, as required by law. The authority to use credit cards does not authorize the creation of a new form of debt for the public entity. The statutes governing the issuance of debt by a public entity add a number of restrictions to the issuance of any obligation. The credit card statutes simply authorize another method of payment. Therefore, the public entity's governing board must adopt a policy of paying off the credit card charges on a monthly basis. 'Minn. Stat. §§ 471.382 (cities and towns); 375.171 (counties); 123B.02, subd. 23 (school districts); 103D.325, subd. 4 (watershed districts); 103C.321, subd. 6 (soil and water conservation districts). 2 See, e.g., State v. Norman, No. A11-1721 (Minn. Ct. App. Sept. 17, 2012) (unpublished) (reimbursement of personal charges on city credit card does not negate false claim or theft by swindle charges). 3 See Minn. Stat. § 471.38, subd. 1. 4 If the original supporting documentation is missing, an attestation or affidavit identifying how, where, and when the money was spent, signed by the individual seeking reimbursement will suffice. Reviewed: February 2014 2007-1005 Revised: February 2014 This Statement of Position is not legal advice and is subject to revision. An Equal Opportunity Employer Before implementing the use of credit cards, a public entity should adopt a comprehensive credit card policy that may include such areas as good management practices and internal control procedures. We recommend the adoption of a comprehensive credit card policy that provides the following safeguards: •Prohibit the use of the credit card for personal purchases; •Identify the employees and officers who are authorized to make purchases on behalf of the public entity and are eligible to use the card; •Identify the particular purchases that are to be made with the credit card; •Set up a review process for all purchases made with the credit card; •Require supporting documentation for all purchases made with the credit card; •Restrict the total amount of charges that can be made on the credit card; and •Obtain signed written acknowledgments of the credit card policies from all authorized card users. Some public entities have obtained debit cards instead of or in addition to credit cards. While entities have the authority to make purchases using credit cards, the authority to use debit cards is less clear.5 Debit cards allow funds to be immediately withdrawn from the entity's financial account, provide fewer protections than credit cards provide, and circumvent statutory claims approval safeguards. We recommend that entities use credit cards, and not debit cards, to make purchases for the public entity. The ability to use a credit card for small purchases in the ordinary course of business offers many advantages. However, the ability of the cardholder to make the public entity liable for an improper or illegal purchase is an inherent risk associated with credit cards. Compliance with statutory requirements, and the adoption of and adherence to a policy implementing further internal controls will greatly reduce the public entity's exposure to loss of public funds through theft or misuse of the credit card. Additional guidance on using purchasing cards for government purchases may be found on the Government Finance Officers Association (GFOA) website at: http ://www. g fo a. org/dOwnloads/P urchasingCardFINAL.p df. The State of Minnesota's purchasing card and use policy is available at: littp://www.mmd.admin.state.mn.us/pdf/alpanpnpolicy1.pdf. 5 In contrast, cities, towns, and counties have clear authority to accept payment by use of debit cards. See Minn. Stat. § 471.381, subd. 2. Reviewed: February 2014 2 2007-1005 Revised: February 2014 City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: March 7, 2014 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director 0,) SUBJECT: RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2014 AND 2015 Recommendation: It is recommended that the City Council adopt resolution approving the labor agreement between the City of Brooklyn Center and Law Enforcement Labor Services (LELS) Local 82 for the period January 1, 2014 — December 31, 2015. Background: The current contract with LELS 82 (Police Officers and Detectives) expired on December 31 2013. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers police officers and police detectives for a total of 38 employees. The attached agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for the years 2014 - 2015. The Articles affected by these negotiations include the following: Article 9 — Seniority language Change 9.6 language to read: 9.6 The Employer shall consider seniority by classification as the primary factor when calling off duty employees to duty. Reverse seniority shall be considered the primary factor when scheduling duty changes, provided such employees are deemed qualified. Article 25 — Longevity and Education Incentive Increase the 16 year longevity $10/month effective January 1, 2014. Article 29 — Insurance Effective 1/1/14, the City will contribute payment of one thousand two dollars ($1,002) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/14, the City will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. For 2015 the city will offer the best of any agreement that we have for any other group for 2015. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Article 30 — Wage Rates Two (2%) increase for 2014 effective January 1, 2014. Two (2%) increase for 2015 plus $63.00/month market adjustment effective January 1, 2015. Article 36 — Duration January 1, 2014 — December 31, 2015. Budget Issues: The adopted budgets provide for a two percent general wage increase. It also provides for scheduled performance based step increases for employees below the range maximum as well as the health insurance contributions. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe, inclusive conununiV that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center A Millennium Community February 19, 2014 Kevin Hinrichs, Business Agent Law Enforcement Labor Services, Inc. 327 York Avenue St. Paul, MN 55101-4090 Dear Mr. Hinrichs: Below are the changes we've discussed for the 2014-2015 tentative labor agreement. It is our understanding that the proposal will be submitted to the membership for a vote and that you will contact me following the ratification vote. Article 36— Duration This agreement shall be effective January 1, 2014— December 31, 2015. Article 29— Health Insurance Effective 1/1/14, the City will contribute payment of one thousand two dollars ($1,002) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. Effective 1/1/14, the City will contribute payment of eight hundred fifty-two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. For 2015 the city will offer the best of any agreement that we have for any other group for 2015. Article 30- Wage Rates Two (2%) increase for 2014 effective January 1, 2014. Two (2%) increase plus a $63/month market adjustment for 2015 effective January 1, 2015 Article 30.5 — FTO Language Change Change language effective January 1, 2014 to: 30.5 Employees classified or assigned by the Employer to the position of Field Training Officer (FTO) will receive .125 hour(s) of vacation time for each one hour of FTO training time. Article 25— Longevity and Education Incentive Increase Article 25.2 $10 per month effective January 1, 2014. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 Fax (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 Fax (763) 569-3434 e, 3;?+'1-0Lr) cNi -1-N 0.e•0N 0 "r75 11-) tF)- o <1*)." 0 . ., rna) a). .1- ...,:) o 04 "ti co a 0 Z ti'Ll . p--, 74 ct-1 a.) 0 ›- a)cv +, , o +-,U) Et ,.0 "ri 7:1,1 u)_J CNIW .5--7. ' 724 -6 ct <.) •a 0 JN (..) i-1-4 (- f:4 0 0 >-1(1) 1-4 T'Da) <1. CZ) es") ct)cq ec,; Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2014 AND 2015 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with LELS Local 82 (Police Officers) for a contract for the years 2014 and 2015 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS Local 82 (Police Officers) for calendar years 2014 and 2015 with such language changes as may be necessary to clarify any terms, provided such language changes do not change the substance or monetary compensation set forth in the attached contract. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2014. March 24, 2014 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. TABLE OF CONTENTS ARTICLE PAGE 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Employer Security 2 5 Employer Authority 2 6 Union Security 2 7 Savings Clause 2 8 Constitutional Protection 2 9 Seniority 3 10 Work Schedules 4 11 Discipline 4 12 Employee Rights — Grievance Procedure 5 13 Overtime 7 14 Court Time 8 15 Call Back Time 8 16 Working Out of Classification 8 17 Standby Pay 9 18 Leaves of Absence 9 19 Severance 9 20 Injury on Duty 10 21 False Arrest Insurance 10 22 Training 10 23 Post License Fees 10 24 Uniforms 10 25 Longevity and Educational Incentive 10 26 Holiday Leave 11 27 Vacation Leave 12 28 Sick Leave 12 29 Insurance 13 30 Wage Rates 14 31 Benefits for Retirees 16 32 Mileage and Expense Reimbursement 16 33 Light Duty 16 34 Health Care Savings Plan 16 34 Agreement Implementation 16 35 Waiver 16 36 Duration 17 ARTICLE 1— Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center, hereinafter called the Employer, and Law Enforcement Labor Services, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2- Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under the Minnesota Public Employment Labor Relations Act, for all police personnel in the following job classifications: Detective Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3- Definitions 3.1 UNION: Law Enforcement Labor Services. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services (Local No. 82). 3.8 DETECTIVE: An employee specifically assigned or classified by the Employer to the job classification and/or job position of Detective. 3.9 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 1 ARTICLE 4- Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the noimal functions of the Employer. ARTICLE 5- Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6— Union Security 6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7- Sayings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 — Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. 2 ARTICLE 9- Seniority 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this Agreement. Employees promoted or assigned to classifications covered by this Agreement shall accrue classification seniority in the promoted or assigned classification in addition to bargaining unit seniority. Employees promoted from classifications covered by this Agreement to a position outside the bargaining unit will continue to accrue seniority under this Agreement until the completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this Agreement. Employees lose seniority under this Agreement under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this Agreement after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new and promoted employees of twelve (12) months. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall give the Union and the employees at least two (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments, and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority on April 1 for the period May 1 through October 31 and October 1 for the period November 1 through April 30, or after a permanent change in the work schedule. A permanent change in the work schedule will not result in re-bidding the work schedule if the permanent change in the work schedule would be effective within 90 days of April 1 or October 1. If the work schedule is to be re-bid by virtue of a permanent change in the work schedule, shift assignments will be re-bid within 30 days after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 The Employer shall consider seniority by classification as the primary factor when calling off-duty employees to duty. Reverse seniority shall be considered the primary factor when scheduling duty changes, provided such employees are deemed qualified. 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. 3 9.8 The Employer shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, layoffs of less than two (2) years in duration, or any military draft or government call-up to Reserves or National Guard. ARTICLE 10— Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a.hours worked on assigned shifts, b.holidays, c.assigned training, and d.authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11 - Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a.oral reprimand; b.written reprimand; c.suspension; d.demotion; or e. discharge. 11.2 Suspension, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. 4 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 12— Employee Rights — Grievance Procedure 12.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 12.2 Union Representatives - The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by 6.2 of this Agreement. 12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 12.4 Procedure - Grievances, as defined by Section 12.1, shall be resolved in conformance with the following procedure: Step I. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 5 Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 12.5 Arbitrator's Authority a.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing 6 it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 12.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 13— Overtime 13.1 Employees will be compensated at one and one-half (1 1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (1 1/2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City-contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, an employee may elect compensatory time off at a rate of one and one-half (1 1/2) time. An employee's compensatory time bank shall not exceed sixty (60) hours at any time during a calendar year. Hours in excess of forty (40) up to twenty (20) hours will be paid out on or about the first check in December. Any hours less than 20 will be paid out on or about the first check in December. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. 7 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1 1/2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 14- Court Time 14.1 Court Appearances: 14.1.1 An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. 14.1.2 An employee who is required to appear in court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification if not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour court time minimum. 14.2 Standby Pay: 14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at one times the employee's base pay. IE: If an officer is scheduled to work night shift on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then standby pay would be at straight time. 14.2.2 An employee who is placed on standby for court during their scheduled off-duty time shall be given 12 hours prior notification of cancellation of the court appearance. If the notification is not given 12 hours prior to the scheduled court time, the employee will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2. 14.2.3 Any employee who is placed on stand-by for court should retain a copy of the notice placing them on stand-by, or obtain the name of the person placing them on stand-by. ARTICLE 15- Call Back Time An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE 16 - Working Out Of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. 8 ARTICLE 17 —Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE 18— Leaves of Absence 18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the Employer will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 18.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and compensation for regularly scheduled working hours lost because of jury service. 18.3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the Employer equal to the difference between his regular pay and the lesser military pay. 18.4 Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as if such leave had not been taken, subject to the specific provisions of state and federal law. 18.5 Members of the bargaining unit will receive such additional leaves as provided for under State or Federal law, as the same laws may be amended from time to time. 18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same terms and conditions as then applicable to non-Union employees pursuant to the City's Personnel policy applicable to non-Union employees at the time of application for a leave of absence. ARTICLE 19 - Severance 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. 19.3 Employees electing to participate in the Health Care Savings Plan will receive 40% of sick leave severance paid into the Health Care Savings Plan. If the employee is not eligible to have a Health Care Savings Plan they will receive the one-third sick leave severance. 9 ARTICLE 20— Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's regular pay and Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) calendar day initial waiting period per injury. The three (3) calendar day waiting period shall be charged to the employee's sick leave account if they were regularly scheduled work days less Workers' Compensation insurance payments. ARTICLE 21 - False Arrest Insurance The City of Brooklyn Center shall maintain liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. ARTICLE 22- Training 22.1 The Employer shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et seq., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The Employer need not make such reimbursement for attendance at a course located less than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the Employer provides in-service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its employees with an opportunity to attend such in-service training courses, to the extent that such opportunity is provided to each employee, the obligation of the Employer to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 22.2 The Employer shall pay each employee a minimum of their regular salary for all scheduled course hours while attending Employer approved or Employer required continuing education courses, whether or not such courses attended are in-service training courses or courses given by instructors other than the Employer. Should a course exceed the scheduled course hours, the Employer shall pay the employee for the actual hours in attendance. ARTICLE 23— Post License Fees The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE 24- Uniforms The Employer shall provide required unifo m and equipment items. In addition, the Employer shall pay to the uniformed officers a maintenance allowance of $155 per year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $590 per year. ARTICLE 25— Longevity and Educational Incentive 25.1 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $118 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 1 0 25.2 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of $232 per month or supplementary pay based on educational credits as outlined in 25.4 of this Article. 25.3 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 25.4 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Bachelor's Degree $118/month Master's Degree $202/month ARTICLE 26— Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of holiday leave shall be advanced to employees on January 1s t of each calendar year beginning on January 1 st 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday leave with the approval of the Employer. 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one-half (1 1/2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee who is on their regularly scheduled day off for a holiday as specified in 26.3, and is called in to work or kept over to work such holiday due to staff shortage(s), etc., will receive two times the employee's regular pay rate for all hours actually worked during the named holiday in lieu of one and one-half (1 1/2) times the employee's regular pay rate under Section 26.3. Employees who accept a shift under 26.6 shall be paid as provided in 26.3 and 26.4 and shall not be eligible for payment pursuant to 26.5. 26.6 An employee may request a holiday off, which they are required to work, prior to fourteen calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.7 Employees beginning employment after January 1 st of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months they will work through December of the year in which they were first employed. 1 1 26.8 Any holiday leave not used on or before December 31 St of each year will be deemed forfeited and shall not carry over into the next calendar year. ARTICLE 27— Vacation Leave 27.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 27.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 27.3 Vacation may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during their initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 27.4 Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave. No more than two hundred thirty (230) hours can carry over from year to year. 27.5 Employees leaving the service of the Employer shall be compensated for vacation leave accrued and unused. ARTICLE 28— Sick Leave 28.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety-six (96) hours per year (computed at 3.69 hours per pay period) of full-time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 28.2 Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and 12 grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special-use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick-leave accumulation. 28.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty- eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees utilizing sick leave. 28.4 In order to be eligible for sick leave with pay, an employee must: a.notify the Employer prior to the time set for the beginning of their normal scheduled shift; b.keep the Employer informed of their condition if the absence is of more than three (3) days duration; c. submit medical certificates for absences exceeding three (3) days, if required by the Employer. 28.5 Employees abusing sick leave shall be subject to disciplinary action. 28.6 An employee who has accumulated 960 hours of sick leave and who uses not more than the equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar year shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts' compensation at the employee's regular rate of compensation. ARTICLE 29 - Insurance 29.1 2014 Full-time employees Effective 1/1/14, the City will contribute payment of eight hundred fifty two dollars ($852) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a non-high deductible health plan. Effective 1/1/14, the City will contribute payment of one thousand two dollars ($1,002) per month per employee for use in participating in the City's insurance benefits for those employees who elect to participate in a high deductible health plan. 13 29.2 2015 Full-time employees For 2015 the City will offer the best of any agreement that we have for any other group for 2015. 29.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Benefit Plan. The Employer will make a good faith effort to provide the following options for employee selection: group dental, supplemental life, long-term disability, deferred compensation or cash benefits. The Employer will be excused from the requirement of offering a particular option where such becomes unfeasible because of conditions imposed by an insurance carrier or because of other circumstances beyond the City's control. ARTICLE 30- Wage Rates REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, drug task force and school liaison officer; and excluding any other special allowance. 30.1 Effective January 1, 2014 Police Officer base rate: There shall be a 2% general wage increase for 2014. (P5) After 36 months of continuous employment (P4) After 24 months of continuous employment (P3) After 12 months of continuous employment (P2) After 6 months of continuous employment (P1) Starting rate 68% of After 36 months rate $6006.74 per month 93% of After 36 months rate 86% of After 36 months rate 79% of After 36 months rate 30.2 Effective January 1, 2015 Police Officer base rate: There shall be a 2% general wage increase plus a $63/month market adjustment for 2015. (P5) After 36 months of continuous employment $6189.88 per month (P4) After 24 months of continuous employment 93% of After 36 months rate (P3) After 12 months of continuous employment 86% of After 36 months rate (P2) After 6 months of continuous employment 79% of After 36 months rate (P1) Starting rate 68% of After 36 months rate 30.3 Employees classified or assigned by the Employer to the following job classifications or positions will receive two hundred thirty-five dollars ($235) per month or two hundred thirty- five dollars ($235) prorated for less than a full month in addition to their regular wage rate. Detective. Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred dollars ($100) per month or one hundred dollars ($100) prorated for less than a full month in addition to their regular wage rate. School Resource Officer Auto Theft Officer Task Force Officer Juvenile Officer 30.4 Detectives Serving On-Call: Detectives will work a schedule which requires them to serve on-call on a rotating basis. The City will pay each Detective serving on-call on a rotating 14 basis one hundred sixty-five dollars ($165.00) per month in addition to their regular wage. Detectives who are called back to duty while serving on-call will be paid according to Article 15 of the labor Agreement. Officers assigned to work with the Detectives for training purposes will not receive the one hundred sixty-five ($165.00) per month nor will they be required to serve on-call. 30.5 Employees classified or assigned by Employer to the position of Field Training Officer (FT0) will receive .125 hour(s) of vacation time for each one hour of FTO training time. 30.6 When there is no Sergeant on duty, and senior management personnel do not assume command of the shift, the senior officer working will be in charge of the shift. The senior officer working the shift will have the choice to opt out of working as officer in charge of the shift. An election to opt out of working as officer in charge of the shift shall be effective for the balance of the calendar year. Officers wishing to make an election to opt out of serving as officer in charge of the shift shall make such election during the first 2 weeks of January. Employees may opt out of working as senior officer in charge of shift on an annual basis at the beginning of each year. The officer in charge will receive, in addition to their regular hourly pay, two dollars ($2.00). Officer in charge pay will be calculated to the nearest six (6) minutes. 30.7 Field Training Officers while serving in the capacity of a Field Training Officer (working with a new police officer) shall not serve as the senior officer in charge. 30.8 Employees classified by the Employer to the canine handler classification will receive the following in addition to their regular wage rate: a.The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b.The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. c.When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one-half hour less than whole shift and be paid for whole shift. d.When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. e.When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f.When dog is out of the care of the canine officer, all above items do not apply. 15 ARTICLE 31 — Benefits for Retirees Retirees at the time of retirement shall receive the same options and level of City contribution for insurance coverage upon retirement as are provided by the City's Personnel Policy covering non- Union employees as such options and contributions may be changed by the City from time to time. ARTICLE 32— Mileage and Expense Reimbursement Employees shall receive the same mileage and expense reimbursement rates upon the same twins and conditions as generally provided in the City's Personnel Policy covering non-Union employees as such policy may be changed by the City from time to time. ARTICLE 33— Light Duty Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of the City Manager upon such terms and conditions as would apply to non-Union employees of the City as set forth in the City's Personnel Policy, as the same may be amended from time to time by the City. ARTICLE 34— Health Care Savings Plan 34.1 The State of Minnesota through Minnesota Statute 352.98 has authorized the Minnesota State Retirement System (MSRS) to establish and administer a Health Care Savings Plan (HCSP.) 34.2 Participation in this program is mandatory, based on specific criteria, for all employees covered by this labor agreement. 34.3 All Employees with three or more years of service with a compensatory time balance as of December 1 of each year will pay the first 40 hours of the existing balance to the Employee's HCSP account. 34.4 All Employees eligible for retirement according to PERA and who terminate their employment from the City of Brooklyn Center will pay to the Employee's HCSP account at the time of termination, 40% of accumulated sick leave, all of the Employee's accrued vacation up to a maximum of 230 hours, and all of the Employee's accrued compensatory time up to a maximum of 60 hours. ARTICLE 34- Agreement Implementation Employer shall implement the terms of this Agreement in the form of a resolution. If the implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter amendment, the Employer shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. ARTICLE 35 -Waiver 35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 16 35.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment refeiTed to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 36- Duration This Agreement shall be effective as of January 1, 2014 and shall remain in full force and effect until the thirty-first (31) day of December, 2015, as noted in the contract. IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of , 2014. FOR THE CITY OF FOR LAW ENFORCEMENT BROOKLYN CENTER LABOR SERVICES Mayor Business Agent City Manager Union Steward 17 City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: March 18, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 9* SUBJECT: Resolution Adopting the City of Brooklyn Center Pedestrian and Bicycle Plan as a Planning and Development Guide Recommendation: It is recommended that the City Council adopt the Pedestrian and Bicycle Plan as a planning and• development guide. Background: At the February 10, 2014, City Council Work Session, the Council received an overview of and commented on the City of Brooklyn Center's Pedestrian and Bicycle Plan. The plan has been finalized, and attached for review and consideration are the following: •February 10, 2014, City Council Work Session memorandum o Final City of Brooklyn Center Pedestrian and Bicycle Plan This policy was presented to the Parks and Recreation Commission for review and comment on January 21, 2014. The Commission was supportive of adoption of the policy. Budget Issues: The management and implementation of the pedestrian and bicycle plan will be performed under current budgetary means and staffing within the Public Works Department. Recommended improvements would be planned and considered as part of the annual capital improvement project process and funded through identified funding sources, grants and partnerships. Strategic Priorities: •Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people mai preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE CITY OF BROOKLYN CENTER PEDESTRIAN AND BICYCLE PLAN AS A PLANNING AND DEVELOPMENT GUIDE WHEREAS, the City of Brooklyn Center has declared the city to be a healthy eating and active living community under Resolution No. 2013-80; and WHEREAS, the City of Brooklyn Center received a grant in 2013 to prepare a pedestrian and bicycle plan through the Hennepin County Statewide Health Improvement Program (SHIP) as part of the Community Transformation Grant (CTG) from the Centers for Disease Control and Prevention to reduce chronic diseases through strategies in active living, healthy eating, tobacco- free living and clinical services; and WHEREAS, pedestrian and bicycle planning are components of the City's and Hennepin County's CTG active living strategies; and WHEREAS, the City's final pedestrian and bicycle plan was completed on September 30, 2013, was recommended by the Parks and Recreation Commission for consideration by the City Council on January 21, 2014 and was reviewed at a City Council Work Session on February 10, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Pedestrian and Bicycle Plan is hereby adopted and that it will be used and implemented to guide future pedestrian and bicycle system improvement projects in the City of Brooklyn Center March 24, 2014 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 - COUNCIL WORK SESSION DATE: February 4, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: City of Brooklyn Center Pedestrian and Bicycle Plan Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding the City of Brooklyn Center's DRAFT Pedestrian and Bicycle Plan. Background: In October 2011, Hennepin County was awarded the Community Transformation Grant (CTG) from the Centers for Disease Control and Prevention (CDC). The CTG is a five year grant to reduce chronic diseases through strategies in active living, healthy eating, tobacco-free living, and clinical services. Pedestrian and bicycle planning are components of Hennepin County's CTG active living strategies. Under this program, the City of Brooklyn Center received a grant in 2013 through the Statewide Health Improvement Program (SHIP) to prepare a citywide pedestrian and bicycle plan. A private consulting firm, WSB & Associates, Inc., was hired by the County in February 2013 to perform the study and prepare a plan. The following were the expected outcomes and deliverables of the study defined by the County: •Evaluate and document best practices and existing conditions •Develop and implement a community engagement and communications strategy •Develop a Pedestrian and Bicycle Plan •Deliverables: 1.Documentation of existing conditions and preliminary needs and priorities 2.Documentation of municipal pedestrian and bicycle planning best practices 3.Community engagement and communications strategy and timeline 4.Documentation of community engagement and communications 5. Final Pedestrian and Bicycle Plan (see attached) The final plan was completed on September 30, 2013. The plan was then presented to the Parks and Recreation Commission for review and comment on January 21, 2014. The Commission was supportive of adoption of the policy and attached are draft meeting minutes from that meeting for the Council's consideration. Policy Issues: Does the City Council desire to formally adopt the Pedestrian and Bicycle Plan? Does the City Council desire to consider adopting the Pedestrian and Bicycle Plan as an official planning and development guideline? Strategic Priorities: •Vibrant Neighborhoods Mission; Ensuring an attractive, clean, sii.fe, inclusive community that enhances the quality of lifC for all people and preserves the public trust Adopted by Brooklyn Center City Council on: March 24, 2014 • " City of BROOKLYN CENTER •uaiRgiormirm imam Ca :1 a • Contents ACKNOWLEDGMENTS C[rHAPUER glfiUDT fi Study Goals 1 Increase Walking and Biking 1 Engage the Community 1 Identify Best Practices 2 Identify Opportunities for Implementation 2 CHAPTER 2: IMPORTANCE OF WALEING AND CYCLING Benefits Associated with Pedestrian and Bicycle Planning 3 CHAPTER 3: COMMUNITY BACKGROUND .....5 Community Profile 5 Demographics 5 Development Patterns 7 Redevelopment Areas and Trends 7 Popular Community Facilities and Destinations 10 Parks 10 Other Recreational Facilities 13 Earle Brown Heritage Center 13 Schools 13 Transit Station and Park and Ride Locations 15 Hennepin County Service Center 15 Shingle Creek Crossing 15 Big Box Locations and Restaurants 15 CHAPT -ER 4:EXISTING AND PLANNED PEDESTRIAN AND BICYCLE NETWORK 17 City Facilities - Existing and Planned 1 7 Sidewalks 17 Trails 19 On-Road Facilities 21 A Three Rivers Park District- Existing and Planned Facilities ...22 Shingle Creek Regional Trail 22 Twin Lakes Regional Trail 22 Mississippi River Regional Trail 25 Hennepin County — Existing and Planned Facilities 27 County Road 152 — Brooklyn Boulevard 29 Hennepin County Bicycle Plan 29 CHAP -1i COrElflUKIMJL 1( 33 Surveys 33 Survey Highlights — Walking 33 Survey Highlights - Bicycling 36 Mobile Display 38 Partnerships with Local Organizations 38 Other Outreach Efforts 39 Presentations 39 News Releases 40 Other Studies 40 CHAPTER 6: SYSTEM' CHALLENGES 41 System Gaps 41 Sidewalk Gaps 43 Trail Gaps 44 Crossings 44 Wayfinding 46 Infrastructure, Infrastructure Condition and Maintenance....47 Lighting 47 Bicycle Racks 47 Wider Trails 47 Pavement Surface 47 Winter Maintenance 47 Other 48 Brookl n CenteLledestrian le Plan Security 48 Education/Enforcement 48 Equipment 49 ther Comments CHAP -TER 06 Trail and Sidewalk Network Vision 50 On-Road Facilities 52 Crossings 53 Policies, Activities and Practices 54 Regular Plan Review, Project Identification and Studies 54 Update Ordinances/Encourage Pedestrian and Bicycle Infrastructure 55 Partnering with Other Agencies/Organizations 55 Education 57 Maintenance 58 Security 60 Wayfinding 60 Signage for Sidewalks 60 Signage for Trails 61 Signage for On-Road Facilities 62 Priority Areas for Wayfinding 62 CITAP TR EST- PRACITUCES Considerations for All Facilities 64 Eliminate Gaps 64 Consult MMUTCD 65 Conduct Studies 65 Signage and Wayfinding Materials 65 Pedestrian-Level Lighting 66 Pedestrian Facilities 67 ADA Requirements 67 Sidewalks 67 Curb Extensions 68 Median Refuge Islands 68 Marked Pedestrian Crosswalks 69 Leading Pedestrian Interval 70 Pedestrian Crosswalk Safety Systems 70 Rectangular Rapid Flashing Beacon 71 High-Intensity Activated Crosswalk 71 LED Signage and In-Roadway Warning Systems 72 Countdown Pedestrian Signals 73 Multi-Use Facilities 73 Consult MnDOT's Bikeway Facility Design Manual 74 ADA Requirements 74 Off-Road Trails 74 Bicycle Facilities 75 Consult MnDOT's Bikeway Facility Design Manual 76 Traditional Bike Lanes 76 Buffered Bike Lanes 76 Protected Bike Lanes/Cycle Tracks 77 Pavement Treatment — All On-Road Facilities 77 Intersection Treatment - Intersection Treatment - Intersection Treatment - Intersection Treatment - Intersection Treatment - Through Bike Lane and Right-Turn Lane Bike Boxes Forward Stop Bar Intersection Crossing Markings Median Refuge Islands (vehicle) 77 78 78 79 79 79Intersection Treatment - Bicycle Signals CH1AP NolIPLENIIIENTATM MMMMMM 110110 MMMMM 8 Opportunities 80 Funding Sources 82 Hennepin County Sidewalk Participation Program 82 Hennepin County Roadside Enhancement Partnership Program 82 Hennepin County Bikeway Development Participation 82 Hennepin County Bike Program Discretionary (Gap Program) 83 Transportation Alternatives Program 83 a I f r(1 M T-7,771 r Vf Fl I 1111111111 .4_ Surface Transportation Program (administered by Met Council) 83 Highway Safety Improvement Program 84 Minnesota DNR Local Trail Connections Program 84 Minnesota DNR Federal Recreational Trail Program 84 Statewide Health Improvement Program 84 Livable Communities Demonstration Account 84 Ongoing Monitoring 85 11PPEKIDUCItanonn..13013 13 BO 13 0 111113 Lin I313 1311 nnonnunononononnonnonno nun nunnun /313131113I1 ■18W Appendix A - Crossings at Shingle Creek Summary 87 Appendix B - Surveys 90 Appendix C - Survey Summary 99 Appendix D - Press Releases 105 Brookl n Ce ter Pe ACKNOWLEDGMENTS The city would like to thank Hennepin County and the many people who have had a hand in the development of this plan, including: staff, appointed officials, residents and students at Brooklyn Junior High. Their contribution to this study will result in an improved biking and walking environment for the City of Brooklyn Center. The city also wishes to acknowledge the Center for Disease Control and Prevention for making funding available for the development of this plan. 41111ima. INNIA L_ _41 Brook! nCenter CillAiii0 TM ...STUDY PURPOSE The City of Brooklyn Center, in partnership with Hennepin County, is completing this Pedestrian and Bicycle Plan for a number of reasons, with the ultimate aim of increasing walking and bicycling within the community. The purpose of this plan is to provide the City of Brooklyn Center and other relevant agencies with a framework for future decision-making with regard to policy and infrastructure for pedestrians and bicyclists. The study partners recognize that most trips begin or end with someone walking. Therefore, it is important for communities to have the necessary infrastructure in place to make those portions of trips easier. The plan strives to develop an accurate description of existing non-motorized networks, identify missing gaps and key connections and to establish future needs, best practices and other strategies that will enhance the ability of residents to walk and bike within the city. The plan aims to make biking and walking a more viable option than it is currently by making it safer, more convenient and comfortable. While both Hennepin County and the City of Brooklyn Center have both adopted complete streets policies, the existing non-motorized transportation network faces challenges which are identified and addressed in this plan. The plan analyzes these challenges and makes recommendations for improvements that can be achieved with the implementation steps provided at the end of the plan. Study Goals The sections below discuss the goals of the study — which are to: O Increase walking and biking o Engage the community in creative ways to generate interest in the study O Identify best practices and recommendations to make walking and biking more appealing to residents •Identify opportunities to implement study recommendations Increase Walking and Biking As noted above, the City of Brooklyn Center and Hennepin County have committed their agencies to making walking and biking more attractive for transportation, recreational and health purposes. Ultimately, the city and the county want to increase walking and bicycling by providing the necessary infrastructure, policies and encouragement to make these modes more attractive, safe and enjoyable for residents of all ages and backgrounds. Engage the Community This study's ultimate aim is to increase walking and biking. In order to accomplish this, the city and county need to understand why people walk and bike and what residents want and/ or need to make walking and biking more attractive options — be it for health, transportation mato ; mafri or recreational reasons. To better understand the needs of the residents and the users of the pedestrian and bicycle network, a significant focus of this study was spent engaging residents at community events and public locations and soliciting their input and feedback. Input collected at the community events and through surveys was focused on understanding travel behavior — how frequently do people walk or bike, where do people go when they walk or bike, why do people walk or bike; what could be done to the physical infrastructure to make walking and biking easier; what could be done to help people navigate the existing pedestrian and bicycle networks; what destinations are people interested in getting to; and what else is important to making biking and walking more appealing to residents. Identify Best Practices Along with understanding the needs and desires of residents, this plan seeks to identify industry "best practices" for developing a safe, efficient and enjoyable pedestrian and bicycle networks. By implementing strategies that have been proven effective over time, the city, county and Three Rivers Park District can ensure that the projects they propose to complete will provide users of the system with what they need in order to get to their destinations. Providing a safe and convenient sidewalk and bikeway system will increase walking and biking within the community. Identify Opportunities for Implementation Finally, this study intends to identify opportunities that the city, county and Three Rivers Park District can take advantage of to implement improvements over time and steps that can be taken to track pedestrian and bicycle use to ensure that the ongoing needs of users are evaluated and addressed. 2 AmmilimililmormipmfflukaiDiulliF11111r111 inkINDII:d1"111 EL CHAPTER 2: IMPORTANCE or 'AiA.RAIENO AND CYCLINO America and the communities within it are undergoing a number of changes that have emerged over the past decade. Our population is aging - the baby boomers are getting older and their transportation and recreational needs are changing. Additionally, health concerns about cardiovascular disease and increasing levels of obesity (at the adult and childhood levels) and the negative health effects associated with obesity (cholesterol, diabetes, strokes, certain types of cancer, etc.) have come to the forefront of the medical community and health consumers as a whole as insurance premiums have increased and the national health care debate has taken place. Since the 1970s, the percent of children who are obese has tripled, with the largest increases seen in children of African American descent or from low income populations'. The trends for adults are no less concerning. Today more than one third of American adults are obese. In 2008, medical costs associated with obesity were estimated at $147 billion 2 . As with children, obesity is more prevalent in the African American community. Regular exercise and physical activity can reduce obesity - yet studies show that less than half of children meet and less than 10 percent of adults meet recommended guidelines for physical activity 3 . Benefits Associated with Pedestrian and Bicycle Planning The changes in our communities (both health and demographic) are beginning to make their impact and influence felt. Many cities have started to think about the actions they can take to encourage physical activity, to make their communities healthier, and to make systems more accessible for people as they age. Physical activity is likely to occur for four primary reasons - work, household activities, recreation/leisure and transportation'. One of the ways in which communities can make a difference is in its recreational and transportation facilities and their connections to key destinations. Creating conditions that make walking and biking convenient and safe are beneficial for several reasons. One of the most important benefits is that increased biking and walking rates encourage a healthier community. If conditions are in place to make it safe, convenient and enjoyable to walk or bike, more people will have the opportunity to choose non-motorized transportation for commuting, running errands, getting to and from school or for recreational and leisure activities. For many people, walking and biking as a means of transportation may be their only opportunity for exercise in a given day. 1 Andetson PM, Butcher KF. Childhood Obesity: Trends and Potential Causes. The Future of Children: Childhood Obesity, 2006. 2 Centers for Disease Control 2 lb& 4 Design for Health website: designforhealth.net/physicaractiyity 3 Information obtained from the Design for Health website indicates the following 5 ; •Proximity to public transit stops (bus, light rail, heavy rail) was linked to higher levels of physical activity among adults. •People who use public transportation were less likely to be sedentary or obese. •29 percent of transit users meet the recommended 30 minutes or more of physical activity a day while walking to and from transit. Racial and ethnic minorities reported even greater percentages. •Most studies of children and adolescents indicate that walking or biking to school is related to overall higher physical activity levels. Safe Routes to Schools programs increase rates of biking and walking to schools (schools within Brooklyn Center are participating in this program). •Programs such as Safe Routes to Schools usually lead to infrastructure improvements that can be used by the community at large - thereby providing a safer environment for all users - not just students. •More sidewalks are associated with adults having higher rates of walking and meeting physical activity recommendations. •The presence of bicycle lanes and trails is positively related to cycling and to more adults meeting physical activity recommendations. Building multi-use trails can lead to both short- and long-term increases in walking and bicycling. Living near trails or having trails in one's neighborhood has been associated with people being 50 percent more likely to meet physical activity guidelines. Fast traffic and high traffic volumes can be a barrier to walking and biking. Systems that increase the safety and/or separate the modes will encourage more use. Additionally, a non-motorized transportation system will improve mobility for those who do not or cannot drive. This may include children, the elderly, those who are not physically able, and those who simply choose not to drive. With an increasing elderly population and a desire to appeal to young families, improving the safety and convenience of biking and walking is beneficial to the entire city. Another benefit of increased walking and biking is reduced dependency on fossil fuels. While the number of electric and hybrid vehicles is increasing, most vehicles still operate on regular gasoline or diesel fuel which emits pollutants that contribute to poor air quality. Even at low levels, these emissions are known to cause respiratory issues, and are a suspected cause of some cancers. With the volume of vehicle related emissions increasing, efforts to increase non-motorized transportation are welcome for overall community health. 5 /bid; Active Transportation - Making the Link from Transportation to Physical Activity and Obesity - Summer 2009 Research Brief 4 Brook! n Center., Pedestrian 6 B CHAPTER 3: COMMUNITY BACKOROUND In order to achieve the overall purpose of the study and to address the goals outlined previously, an understanding of the community and its amenities is needed. Community Profile The City of Brooklyn Center is a first-ring suburb of the City of Minneapolis (Figure 1). It is approximately 8.5 square miles and is situated along the Mississippi River. It is approximately six miles from downtown Minneapolis and is connected to the Cities of Brooklyn Park, Crystal, Minneapolis and Robbinsdale. Brooklyn Center was first incorporated as a village in 1911, but remained largely rural until the city's population boomed during the 1950s. Today Brooklyn Center's population is approximately 30,104, which is not anticipated to change substantially through 2030. Demographics As noted previously, the City of Brooklyn Center has a population of approximately 30,000. The city's population has been relatively stable over the past 30 years, experiencing little growth or decline due to its full development. However, the city has a fair number of residents that are in age groups where the automobile may not be the primary means of transportation on a daily basis. According to the 2010 Census Data, approximately 28 percent of the population is under the age of 20 and approximately 14 percent of the population is over the age of 60. The percent of the population over the age of 60 is expected to increase as more of the baby boomers enter that demographic. The city's population is similar to that of other first-ring suburbs; in that, it is much more diverse than more outlying areas. There are diverse ethnic communities (most notably Hispanic, Hmong and Liberian) that contribute to the city's diversity. According to 2010 Census Data, approximately half of the population is Caucasian. Black/African Americans make up approximately 25 percent of the city's population. Asians are approximately 14 percent of the city's population and those of Hispanic decent are approximately 10 percent. The community's profile — with approximately 40 percent of the population over the age of 60 or under the age of 20 — in conjunction with a large number of new/newer immigrants (23 percent of the population was born outside of the United States as noted in the 2010 Census), contributes to a moderate poverty rate. In 2010, the median household income was approximately $48,000 with a per capita income of $21,400. Persons living in poverty were approximately 17 percent of the city's population. 5 <(/ 10. :ID T'4 !II 411 MN 1 1111111111ke I /11 II 1 Aril The demographics indicate that there are a number of residents within the community that could be users of the pedestrian and bicycle network and would benefit from improvements to that network. Brooklyn Center recognizes that there are many groups of people that do not drive including children, the elderly, those who are not physically able, those who may have limited means to own and operate a motorized vehicle and those who simply choose not to drive. By making pedestrian and bicycle transportation options safer and more convenient, the city will become more accessible. Development Patterns As a result of developing during the latter half of the 20th century, the City of Brooklyn Center is faced with the challenge of a largely auto-oriented landscape, consistent with many other first- ring suburbs in the Twin Cities. These development patterns pose some inherent constraints with regard to walking and bicycling, including sidewalk gaps, limited planned trail network, unsignalized or unmarked roadway crossings and high travel speeds on many corridors. Of the existing land uses, 35 percent of the total acreage within the city is single-family residential development (as shown in Figure 2). This is by far the largest land use within the community. The next largest land use is roadways, which make up 23 percent. Cities with these characteristics generally do not present favorable conditions for walking and bicycling as destinations tend to be spread out. Contributing to this challenge within Brooklyn Center is the fact that much of the commercial land uses are located near 1-94,1-694, and TH 100. In general, interstate roadways and roadways with heavy traffic volumes and high speeds (such as TH 100 and TH 252) are not intended for bicycle or pedestrian traffic. These roadways can also serve as barriers to pedestrian and bicycle networks that need to cross or get around them, resulting in indirect routes that take longer and are less appealing to pedestrians and bicyclists. Fortunately, the City of Brooklyn Center and Hennepin County have recognized these challenges and have over time constructed a number of grade separated crossings for both pedestrians and bicyclists over facilities such as 1-94, 1-694 and TH 100. Redevelopment Areas and Trends Figure 3 shows some of the major areas in Brooklyn Center where redevelopment is occurring. Moving forward there are some opportunities for modifying development and non-motorized transportation patterns as redevelopment occurs. Some of the redevelopment efforts can be seen along County Road 152 also known as Brooklyn Boulevard. Over the years, commercial development along this corridor has been changing to meet more local needs. Additionally, long-term, the city is envisioning existing residential uses along the corridor to transition to more commercial uses. Realizing the changing nature of the corridor and the existing traffic conditions (lower speeds, heavier volumes, limited pedestrian refuges, crashes, traffic operations at intersection, etc.) the city and the county undertook a corridor study that identified motorized transportation needs (access modifications, additional turn lanes, intersection geometrics, additional traffic signals, etc.) and pedestrian and bicycle needs. The study made a number of recommendations to make it safer and more appealing for pedestrians and bicyclists. 7 4-77, 0 -0(t,Cd Ta co 0 IL LL 1LL a) CaCO I— 2 0 — Cd.. co a 0 0 2- IL .u) Itrao It En(1)())a)C4 c l- a)c cci 7, 0 0 0 00 u_ 0 Ii iroyokcjii riro [(Ay\ C; !J 1 Improvements include constructing a multiuse trail along the west side of Brooklyn Boulevard and a sidewalk on the east side. It is recommended that the trail and sidewalk be set back at least 10 feet from the roadway to enhance user comfort and safety. A trail on the west side of the roadway enhances connections to four neighborhood parks and one elementary school. The trail will also link to Twin Lakes Regional Trail and a local city trail. The sidewalk will provide convenient access to a city park, an elementary school and the city's commercial core. Along with the sidewalk and trail improvements, median refuge islands, countdown timers, and a new traffic signal at 61st Avenue are also recommended to enhance pedestrian and bicycle safety and use. Finally, an at-grade crossing at 55th Avenue for the Twin Lakes Regional Trail is recommended, unless future redevelopment occurs along the east side of Brooklyn Boulevard between 55th Avenue and TH 100. If that occurs, opportunities should be investigated for a grade-separated crossing. Implementation of the recommendations will be ongoing — with both agencies seeking funding for the proposed improvements. Other locations for redevelopment that are intended to include more pedestrian and bicycle amenities include the area around the former Brookdale Mall, now referred to as Shingle Creek Crossing. Redevelopment plans for this area include retail, office and multifamily housing linked together by a trail network. Popular Community Facilities and Destinations The City of Brooklyn Center has a number of natural, community, cultural and commercial facilities that are linked or have the potential to be linked via the trail and sidewalk system. Figure 4 shows a number of these facilities as well as the trail and sidewalk system. Parks The city owns and operates over 520 acres of park and natural recreation areas and over 65 miles of city owned and operated trails and sidewalks, with approximately seven miles of Three Rivers Park District Regional Trails. The 24 parks within the system are dispersed throughout the community and offer a wide variety of activities. One of the parks, North Mississippi, is a regional park — the rest are city parks. Some parks are more natural and offer passive opportunities (walking, nature watching, gardens, etc.) and others offer more active opportunities (ball fields, playgrounds, boating, etc.). Some of the parks are smaller — designed to serve a neighborhood — and others are larger — intended to serve the broader community. Figure 4 shows the locations of the parks. Parks within the community include: 1.Arboretum — Eugene H. Hegel Arboretum: 61st and Major Amenities include: Natural wetland, flowers and trail 2.Bellvue Park: 801 55th Avenue North Amenities include: Basketball court, softball field, skating rink, playground, picnic area/ shelter and trail 3. Bob Cahlander Park: 65th and Brooklyn Boulevard Amenities include: Wildlife, flower gardens and trail 10 cr) (.7 LjI 111111E4 I (WIN Oil ',44 Ell i 4.Centennial Park: 6301 Shingle Creek Parkway Amenities include: Soccer fields, softball fields, tennis courts, archery, picnic area/ shelters, playground and trail to Palmer Lake Nature Area 5.Centennial Park West: 6254 Brooklyn Drive Amenities include: Basketball court, hockey rink, skating rink, playground, community gardens shelter and trail 6.East Palmer Park: 7027 Oliver Avenue North Amenities include: Basketball court, softball fields, playground, picnic area/shelter and trail 7.Evergreen Park: 7112 Bryant Avenue North Amenities include: Baseball field, basketball court, softball fields, lighted football/soccer field, hockey rink, skating rink, pickle ball, tennis court, picnic shelter, playground, shelter building and trail 8.Firehouse Park: 6535 Bryant Avenue North Amenities include: Softball fields, playground, picnic area/shelter, grill and trail 9.Freeway Park: 6701 Beard Avenue North Amenities include: Basketball court, softball field, playground, picnic area/shelter and trail 10.Garden City Park: 3607 65th Avenue North Amenities include: Basketball hoops, softball field, shelter building and playground 11.Grandview Park: 1600 59th Avenue North Amenities include: Baseball field, basketball court, lighted football/soccer field, hockey rink, tennis courts, sliding hill and trail 12.Happy Hollow Park: 5030 Abbott Avenue North Amenities include: Basketball court, playground, picnic area/shelter, grill and trail 13.Kylawn Park: 6015 Kyle Avenue North Amenities include: Basketball court, softball fields, tennis courts, hockey rink, playground, picnic area/shelter, shelter building and trail 14.Lions Park: 5501 Russell Avenue North Amenities include: Basketball court, tennis courts, playground, picnic shelter, grill and trail. This park is adjacent to Centerbrook Golf Course and Little League Field 15.Marlin Park: 6404 Marlin Drive Amenities include: Playground and trail 16.Northport Park: 5512 Sailor Lane and 57th and France Avenue Amenities include: Baseball field, basketball court, hockey rink, skating rink, soccer field, football field, tennis courts, playground, picnic area/shelter and trail 17.Orchard Lane Park: 6512 Perry Avenue North Amenities include: Basketball court, softball field, picnic area and shelter, playground and trail 18. Palmer Lake Park: 2800 69th Avenue North Amenities include: 200 acre natural area, trail loop — paved trail and a woodchip trail and picnic area 12 19.Riverdale Park: 7031 Dallas Road Amenities include: Basketball court, picnic area/shelter, playground and softball fields 20.Twin Lake Park: 4651 Twin Lake Avenue Amenities include: Basketball court, playground, picnic shelter, grill and trail 21.Wangstad Park: 6100 France Avenue North Amenities include: Basketball court, picnic area, playground and trail 22.West Palmer Park: 7110 Palmer Lake Drive Amenities include: Baseball field, softball fields, basketball court, picnic area/shelter, playground, skating rink, tennis courts and trail. 23.Willow Lane Park: 4800 69th Avenue North Amenities include: Basketball hoop, hockey rink, skating rink, picnic area/shelter, playground, softball field and trail 24.North Mississippi Regional Park: 49th Avenue and 1-94 Amenities include: Boating, fishing, biking, hiking, trails, geocaching, picnic areas/ shelters, grills, playgrounds, wading pool, Carl Kroening Interpretive Center, natural setting and snowshoeing. This park is shared with the City of Minneapolis. Other Recreational Facilities In addition to the city's parks and trails there is a local golf course, Centerbrook, and a community center. Centerbrook golf course is located near the center of the city. It is a 9-hole, Par 3 golf course that is appealing to both beginner and experienced golfers. There are a number of leagues for residents to participate in. Located near the intersection of Shingle Creek Parkway and 1-94/1-694 is the Brooklyn Center Community Center. The community center offers a number of amenities that are appealing to residents of all ages. Amenities include: Olympic-sized swimming pool, water slide, wading pool, diving boards, exercise rooms, changing and locker rooms and meeting and event rooms. It is also possible to host children's birthday parties at the center. Figure 4 shows the locations of these facilities. Earle Brown Heritage Center The Earle Brown Heritage Center is a historic restoration site that is home to a large conference center that hosts over 500 events a year. The site is approximately 15 acres and has a number of buildings and gardens for visitors to use. On site, and available for all visitors to review, is information about Earle Brown. Earle Brown was a resident of Brooklyn Center and was one of the area's largest landowners. In 1920, he became sheriff of Hennepin County and reformed many corrupt practices. In 1929, he established the Minnesota Highway Patrol — one of the first in the nation. This center is a popular destination for local residents as well as visitors to the area. Figure 4 shows the location of the Earle Brown Heritage Center. Schools The City of Brooklyn Center is served by four school districts. There are a total of 14 schools, which serve children between kindergarten and high school. This includes both public and private schools. Figure 5 shows the locations of the schools.13 00_c c p -- II 34.° Cl 2 \ E 13 .-4 0'11111 ou/ ti Yiel Nit 1 I Erg L 1•11• In addition to elementary, middle and high schools, the City of Brooklyn Center has four institutions of higher learning that are a draw for residents and regional populations. These institutions include: Brown College, Minnesota School of Business and Globe University, ITT Technical Institute and National American University. Transit Station and Park and Ride Locations The City of Brooklyn Center is well-served by Metro Transit, the Twin Cities largest transit provider. There are a number of transit routes along major transportation corridors within the community that are fairly easy for residents to access. In addition to stops along corridors, there are also several park and ride facilities that people can walk or bike to in order to access transit service. Additionally, there is a major transit station, which serves multiple transit routes, located at Shingle Creek Crossing (mall). Figure 6 shows the transit routes, park and ride locations and the transit station. Hennepin County Service Center Given its location within Hennepin County and its population density, the City of Brooklyn Center was selected by Hennepin County to have one of its service centers. The service center is a location where people can obtain certificates, identification documents, licenses, permits and registrations. In addition, there are court and library facilities. Figure 6 shows the location of the service center. Shingle Creek Crossing Shingle Creek Crossing is located on the former Brookdale Mall site (Figure 6). This area is undergoing extensive redevelopment and updating, including the daylighting of Shingle Creek. On site are three anchor tenants — Sears, Waimea and Kohls. Additionally there is an Applebee's restaurant, an L.A. Fitness and a Holiday gas station. Shingle Creek Crossing draws many local users with its stores and expects to draw in even more as the site continues to redevelop. Assisting in the attractiveness of the area as a destination is Metro Transit's station area which serves a number of transit routes. The city and private developers have been making significant investments in the site and the area is starting to redevelop. Adjacent parcels are also starting to see investments and upgrades to make the entire area more appealing and more of a destination. In addition to the activities identified above, investments are being made in redeveloping nearby residential areas — thus, bringing a population concentration to the area. With these improvements, it is expected that there will be a corresponding increase in demand for transit and pedestrian and bicycle amenities. Big Box Locations and Restaurants While not normally considered major destinations in terms of recreational or commuting purposes, residents participating in the survey indicated that their walking and bicycling destinations included local stores such as Walmart, Target and Cub Foods, as well as gas stations and fast food restaurants. These locations are an important part of the daily and weekly lives of residents in the community, and they desire to be able to safely get to these locations. These commercial destinations are located throughout the community. 15 I It '7s as 0 L6, „0 0 0 0 0 0. 1 r r r7 48 Oh.rrirrripeolis A CHAPTER 4: EXISTING AND PLANNED PEDESTRIAN AND ELZKOLLE NETWORK This chapter describes the existing and planned pedestrian and bicycle network within the City of Brooklyn Center. Information is provided on facilities owned by the City of Brooklyn Center, Three Rivers Park District and Hennepin County. Figure 7 shows the existing and planned trails within the community regardless of ownership. City Facilities — Existing and Planned Sidewalks The City of Brooklyn Center owns and maintains (snow removal and repair) the entire sidewalk network that is shown in Figure 7. The existing sidewalk and trail network comprises over 65 miles. Most of the sidewalk is between four and six feet wide and is made of concrete. Sidewalks can be found in residential and commercial areas as well as around public facilities. As shown in Figure 7, the sidewalk network is not complete for all neighborhoods. As the community developed over time, there were certain periods in history where constructing sidewalks was not a priority, so sidewalks were not constructed. At other times, sidewalks were commonplace with new development, so they were constructed. Unfortunately, a majority of the city developed when it was not popular to construct sidewalk or trail facilities so the city is faced with the challenge of constructing sidewalks after the fact. Second, as time has passed, the city has attempted on occasion to construct sidewalks where there are none during city street rehabilitation projects. However, there has not been much support to construct new sidewalks by many of the residents immediately adjacent to the project and decisions were made to not include such sidewalk improvements as part of the city's roadway project. Residents can be hesitant to have sidewalks added to the roadway project for a number of reasons. Some do not want to have to pay additional assessments (the city allows for a 10-year repayment on roadway projects. Sidewalks typically add 3-5 percent to the project cost.), some do not want to have the sidewalk on their property and some have fear of liability if someone should fall. Others are also concerned that they will be required to shovel the sidewalk in the winter or be billed if they fail to do so. Although the city maintains (snow removal and repair) the sidewalk network, some residents still fear that they will be required to maintain the sidewalk. It should be noted that it is city policy to include sidewalks on both sides of all arterial street reconstruction projects unless specifically omitted by the city council. Additionally, they are generally recommended to be included on one side of the street of collector roadway reconstruction projects. 17 CO =0—. a) is a o) c c co c Ts a.eu .w .0) cL, it = = = ..- 1 E1- it I-- 1-.. .cn to Fs c To To Fs t it .—I O To To C) c a It: co C CO0 0 O 0 0 0 To Z" > > CC .— .—Cr) C.1 'LE i2 • 0 o.) 0.) 0 U) 0 as a ce ce tn Ts ill —4 U) TS Y c a,a. Z. 2 v) 0wce 73 ._ -a a .6a. (...) 0 a) 2 1— a) C To co 0 .—u) 0 tu ,a,C0 00 ,E) (1) C C 0 .CI --C-.0 3 in co .Ul cl) co , T 2O C 1.. —U) 0. — i3- x co CI co '0 ‘CT)) Ct) .'' U) co .— 't"'...) Ill E --I 0- Fi4 Ce a. 5 .a 3 3 1 i1i 1 I iI1I 1 111 — LiI[.__I I : 1 I 1 z t4 .322,12 ...L.,R.4 1:: ...77yl 77 ,.:4 7"1 0 .7A I v IrAn,.1_,, .: - .-...,,"' l fz: 5:1 , 9 q f--.: .t.. _ i■Tt. .s. $.! - - - - - — - - - -,q A „- rUl ['lb& *II t1,1 I r el Mira DIEM Will L In terms of future sidewalks, the city will continue to encourage their development as part of roadway reconstruction projects. In addition, the city and the school districts have recently completed a Safe Routes to School evaluation process for nine schools serving the community. This process has identified a limited number of new sidewalk connections that could be constructed to make walking and biking to elementary and middle schools easier for children. Copies of recommended improvements (in addition to sidewalks, the process identified crosswalk locations and treatments, maintenance improvements, etc. that could be implemented) are available from the City of Brooklyn Center. Due to space constraints of this report, the individual school plans are not included. The proposed sidewalk connections identified as part of the Safe Routes to School study are included in the map in Chapter 6 — Recommendations. Trails Along with the sidewalk network, the city also owns a limited number of multiuse trail facilities that link to sidewalks and regional trails (discussed under "Three Rivers Park District"). These trails are intended to serve both pedestrians and bicyclists. Snow removal is provided on city trails. They are shown on Figure 7. The City of Brooklyn Center has a limited trail expansion plans within its community that are for local trails. Most planned trail improvements are to the Twin Lakes Regional Trail extension (discussed under Three Rivers). There are, however, four trail segments that the city is working to construct in the future. The first trail is on the city's northwestern border with the City of Brooklyn Park. The city has coordinated with the City of Brooklyn Park and Hennepin County to study a trail connection that will feed into the Shingle Creek Regional Trail. In 2009, Connections at Shingle Creek — A Corridor Study was completed. This study identified a number of improvements for increasing the quality of Shingle Creek Trail, revitalizing land uses along the creek area and for providing trail connections to serve the area and to link to Shingle Creek Regional Trail. There were two recommendations made for trails — short-term and long-term improvements. Figure 8 shows the proposed trail connections. In the short-term, the proposed plan shows a connection that ties into an existing trail just to the east of Park Center High School and follows Shingle Creek to Brooklyn Boulevard (County Road 152). It then parallels Brooklyn Boulevard until Regent Avenue, where it crosses Brooklyn Boulevard and connects with an existing trail. The economic development authority for the City of Brooklyn Park applied for, and received a grant to construct the short-term improvement. The two cities and Hennepin County, along with input from the watershed district and the school district, are beginning plans to design the project, with construction occurring in 2014 or 2015. Long-term plans for the trail utilize the connection from Park Center High School to Brooklyn Boulevard. Once the trail reaches Brooklyn Boulevard, the long-term plan includes a grade separated crossing of Brooklyn Boulevard at this location rather than an at-grade crossing at Regent Avenue. Once over Brooklyn Boulevard, the trail parallels Shingle Creek until it connects with the existing trail. No funding has been identified for the long-term project at this time. 19 0 21 lir 11111PF rzeli ilr40 k --( rri)68-2 8 V 1,11.91M For more details on all of the study recommendations, a copy of the 2009 study may be obtained from the city. A summary of the study purpose and recommendations can be found in Appendix A. The second trail that the city would like to construct is a part of the Mississippi River Trail located along the city's eastern border. The Mississippi River Trail is part of a larger, national effort to develop a bikeway (both on-road and off-road — facility type includes off road trails, shoulders, bike lanes and shared roadways) that follows the Mississippi River from its origins in Itasca State Park (Minnesota) to the Gulf of Mexico (Louisiana). The planned trail is close to 3,000 miles long. The trail is a work in progress, with more segments to be constructed in the future. Within the City of Brooklyn Center, a portion of the trail is owned by the city and a portion of the trail is owned by Three Rivers Park District. The city owns the segment of trail from 1-694 to the city's northern border. The existing gap in the trail is from just north of 1-694 to 65th Avenue North. Pedestrians can continue on a sidewalk. Bicyclists are required to travel along Willow Lane North, a low-volume city street. This segment has been identified as a gap area by the city as well as by Hennepin County in its Bicycle Plan. The third trail segment the city plans on constructing is a segment of trail on the south side of Shingle Creek Crossing. This trail would complete a circle around the mall area and link pedestrians and bicyclists to shopping, transit and employment nodes. The fourth trail segment the city plans on constructing is a segment of trail between TH 100 and the Twin Lakes Regional Trail just south of the interchange with County Road 152 (Brooklyn Boulevard). This section of trail will link high-density residential areas to the Twin Lakes Regional Trail. On-Road Facilities In addition to the sidewalks and trails, there are a limited number of city streets that have the space and/or shoulders to accommodate the more serious commuter bicyclists. These roadways include portions of Xerxes and Dupont Avenues North. The city does not sign these roadways as on-road routes. More information on these routes is provided under "Hennepin County". In the future, the city's comprehensive plan indicates that it may be feasible to accommodate on- road bicycle facilities on select roadways where right of way could accommodate such facilities. The city's plan identifies the following potential candidates: o Humboldt Avenue (County Road 57): This route also shows up on the Hennepin County Bicycle Plan. No facilities are in place yet. o Dupont Avenue: This route shows up on the Hennepin County Bicycle Plan — much of this corridor includes shoulders capable of accommodating bicycle traffic and is noted as an existing route in the Hennepin County Bicycle Plan. o Xerxes Avenue: This route is identified as being needed north of County Road 10 (Bass Lake Rd). The Hennepin County Bicycle Plan also has this route identified. The county shows sections of this roadway as being in place (between 65th and 59th). Other segments still need to be completed. -11,kusimunirmilikval:11 MI I =I o 69th Avenue: The plan identifies the area west of County Road 152 (Brooklyn Blvd) as an on-street facility. Hennepin County's plan identifies this route and indicates that the existing roadway (shoulders) presently accommodates bicyclists. o 57th Avenue and County Road 10 east of Brooklyn Blvd: A trail exists on County Road 10 east of Xerxes Avenue to County Road 57 (Logan Avenue). A trail will be constructed from County Road 57 to Lyndale Avenue in 2015 (Twin Lakes Regional Trail) addressing a majority of the identified needs. Three Rivers Park District- Existing and Planned Facilities The Three Rivers Park District owns approximately seven miles of trails within the city. These trails are regional trails and include: Shingle Creek, Twin Lakes and the Mississippi River Regional Trails. The City of Brooklyn Center performs snow removal on these trails. Shingle Creek Regional Trail The Shingle Creek Regional Trail is a multiuse trail through the Cities of Brooklyn Park and Brooklyn Center. The trail is about eight and a half miles long. Figure 9 shows the location of the trail in relationship to other trails. The Rush Creek Regional Trail connects to this trail. The Shingle Creek Regional Trail skirts Edinburgh Golf Course, travels along Shingle Creek Park, travels through Palmer Lake Park, crosses Shingle Creek, connects to Garden City Park, crosses Highway 100 and ends at the southern edge of Lions Park. There are no planned improvements for this trail within the city. The City of Brooklyn Center is working with Brooklyn Park on a local trail that will connect to the regional trail. This segment of trail is discussed under city facilities. Twin Lakes Regional Trail The Twin Lakes Regional Trail is under development, with segments of the trail already in place. Figure 9 shows the relationship of the trail with other regional trails. Figure 10 provides greater detail of the trail. Portions the Twin Lakes Regional Trail were developed and constructed by Brooklyn Center as a local trail. However, Three Rivers Park District recognizes that there are gaps in the regional trail network, especially in the first ring suburbs due to the fact that they were developed in an era where trails and sidewalks were not routinely a part of development — as such, there are sections of the Twin Cities that lack regional trail facilities. To address gaps in the first ring suburbs, the Three Rivers Park District completed First Tier Trails, Greenways, and Parks Master Plan in 2000. This plan became a part of the Metropolitan Council 2030 planning framework. The Twin Lakes Regional trail is a result of this effort. 22 Ui CO ,(21—Ui 73 1• 'I" C Ca.a o CSa_c), u. as I II •k? a) a)0 1 ,..0,1 s ,.,1....,.- .., P. 4O 40 L,cp4. (,)'IQ 0..0 ,. t !-- 0 li N l" 0g - !i E 0L= • ° --, c!.- t r- 0 73 :°- g 0 o 00 7-..: CI.0 E ke.a. 1300 * w 0 *1 I'.. 0 Li)Z 0 CO— 000 0 a. 0. 1:4 5 ina,.x c 0's 4 C.t: 0 1 ...] C... ''...----\. l•-.i CIv■ 01. ._.t?LL Et" The Twin Lakes Regional Trail is planned to begin at the southern end of Twin Lakes in the City of Robbinsdale near Highway 100. From there it continues northward into Brooklyn Center where it crosses Shingle Creek Regional Trail and continues eastward to the North Mississippi Regional Park and Trail. Future plans for are documented in the Twin Lakes Regional Trail Master Plan completed by Three Rivers Park District in conjunction with Brooklyn Center, Robbinsdale and Minneapolis, Hennepin County, MnDOT and the Minneapolis Park and Recreation Board. There are two gaps identified that should be addressed in the short-term (Figure 10). These segments include the section of 57th Avenue North from Logan Avenue to the North Mississippi Regional Park and Twin Lakes Avenue between Lakeside and Lake Breeze Avenues. Programmed improvements have been identified for the 57th Avenue segment for the years 2015 - 2016. Other improvements have been identified for the long-term. These improvements include: 0 Extending a portion of the trail along Lakeside Avenue from Twin Lakes Avenue to an independent corridor that would connect to Lake Breeze Avenue. Providing a connection in front of Shingle Creek Crossing. Mississippi River Regional Trail As noted under the discussion on city facilities, the Mississippi River Trail is part of a larger, national effort to develop a bikeway (both on-road and off-road — facility type includes off road trails, shoulders, bike lanes and shared roadways) that follows the Mississippi River from its origins in Itasca State Park (Minnesota) to the Gulf of Mexico (Louisiana). The planned trail is close to 3,000 miles long. The trail is a work in progress, with more segments to be constructed in the future. As previously mentioned, this trail is owned and operated by a number of jurisdictions within — it is not solely under the ownership of Three Rivers Park District, but has been included in this section due to the fact that the trail serves more of a regional connection. Most segments of the trail within the community are currently in place — a majority of the trail is off-road in Brooklyn Center. There is a short gap in the off-road system that requires users to use Willow Lane North, a low-volume city street. Figure 11 shows the trail. In the northern portion of the city, at the border with the City of Brooklyn Park (73rd Avenue North), the trail is parallel to West River Road. It continues southward until 66th Avenue North. This section is an off-road facility. At 65th Avenue North, pedestrians can continue on a sidewalk until it connects to an off-road facility just north of 1-694. Bicyclists are required to travel along Willow Lane North, a low-volume city street. This segment has been identified as a gap area by the city as well as by Hennepin County in its Bicycle Plan. It should be noted that this segment of trail is owned and operated by the City of Brooklyn Center. 25 cb .), -13cp c o a$ o a -crc .0 u)= = .- '12 '..3 eIt I- it. 1- ›> . . 0 .e, ..a 0N" „ Ts ToI)) a) a a ir ce =0 .---iE 'OC o a. a. 0 0.— ol cn 07 -a i.1.. 2 g) .0 c ca) i- WI .9..- u) r n 7, —_,cu 3 an -- o Lt-,d 1 N3,3No Wirt ' 1 ff Rt,V S31113 . CI Al " ' A i ------6,-!,,,,-„,:riv ...{ It U pv CA ,! A.V 3t 3 XERXE , 4.* / z .:: ',.. .; E ,_ t: 3 Iv 1.1.03:3,,,,,, z , .t3EXt73,701. t3 :-' ---..".-.--` "1.. . _ • Brookl n Center Pedestrian & Bic cle Plan South of the gap, the trail is located in North Mississippi Regional Park, which is located in both the Cities of Brooklyn Center and Minneapolis. The park is owned by the Minneapolis Park and Recreation Board and operated by Three Rivers Park District. To add to the mix, the section of trail south of the gap until 57th Avenue North is operated by the Three Rivers Park District. South of 57th Avenue North, the trail is owned and operated by the Minneapolis Park and Recreation Board. Hennepin County — Existing and Planned Facilities Hennepin County does not operate nor maintain any trail facilities within Brooklyn Center. Rather, the county assists in their identification and construction through transportation projects along county roadways. Once developed, the trail is usually Linder the jurisdiction of the community or Three Rivers Park District. The county roadway where at least some segments of trail have been developed is: o County Road 152 (Brooklyn Boulevard) from 71st Avenue North to 66th Avenue North The trails along this roadway fall under the jurisdiction of the City of Brooklyn Center. The Hennepin County Bicycle Plan notes that some existing on-road facilities are in place. In reviewing the facilities that exist within Brooklyn Center, they are limited to on-road shoulders that could accommodate an experienced cyclist. They are not facilities designed for inexperienced cyclists or parents with young riders. The current Hennepin County Bicycle Plan map identifies existing on-road bicycle facilities (in this case roadway shoulders) along the followinge: o County Road 130 (69th Avenue North) between western city limits and County Road 152 (Brooklyn Boulevard). o County Road 10 (58th Avenue North) between western city limits and County Road 152 (Brooklyn Boulevard). o Dupont Avenue: Existing facilities are noted between 57th and 67th Avenues. o Xerxes Avenue: Existing facilities are noted between 65th and 59th Avenues. It should be noted that the Hennepin County Bicycle Plan shows on-road facilities for both county roadways and city streets. Hennepin county maintains on-road facilities for roadways under its jurisdiction. In addition to identifying bicycle facilities along or on county highways and city streets, the Hennepin County Bicycle Plan also identifies independent trail corridors and some off-road city trails. The Hennepin County Bicycle Plan acknowledges all three of the regional trails previously described (Shingle Creek, Twin Lakes and Mississippi River). It also recognizes the off-road trail developed by the city along 69th Avenue North from County Road 152 (Brooklyn Boulevard to York Place North and from York Place North to West River Road). Figure 12 shows the locations of these facilities. Planned pedestrian and bicycle facilities involving Hennepin County came from two primary resources: the County Road 152 (Brooklyn Boulevard) corridor study completed by the city and the county and the recommendations from the Hennepin County Bicycle Plan. 6 Hennepin County is in the process of updating its Bicycle Plan. A final plan is expected by summer 2014. 27 0 a C 0 000 I 11 <1 / 'I '1 1 - - III .v. 1 ti0 _____,, .cv r sT RIVER RD 0, _ ........... ustrowartromail _N 3AV INOd no -lil- a z Du PONTME 7 I (tor—) -r 11 z LIJ <> – , " IN - . si - ----x • ''''''''''T`; W 3190N •" ... CO Ili.. f I 10 _ County Road 152 - Brooklyn Boulevard The county and the city have identified a number of improvements for County Road 152 (Brooklyn Boulevard). The improvements are a result of a transportation study that identified and evaluated a number of roadway, bicycle and pedestrian alternatives for the corridor. Based on technical analysis, feedback from the agencies, and input from the public, the following improvements were identified: o Construct trails parallel to the roadway O Provide landscaping that will enhance the corridor's appearance o Improve intersection crossings along the corridor for pedestrians and bicyclists O Consider additional crossing locations — including a grade-separated crossing The pedestrian and bicycle improvements are likely to be included as part of a larger project that will reconstruct the highway. A timeline for implementing the proposed improvements are dependent on available partnership funding. Figure 13 shows long-term concepts for County Road 152. Hennepin County Bicycle Plan The Hennepin County Bicycle Plan identifies a number of bicycle connections that could be on- road facilities, off-road facilities or independent trails. The plan identifies several different levels of accommodation that should be considered as facilities are developed. These accommodations are described below. Recommendations for the City of Brooklyn Center are shown in Figure 14. Bikeway — Primary Routes Primary routes are shown in blue. These are corridors where full accommodation is desired. Full accommodation includes both on-road and off-road facilities in order to serve all levels of bicyclists from beginners to advanced commuters. Within Brooklyn Center the following have been identified as primary routes: O County Road 152 (Brooklyn Blvd): from northern city limits to southern city limits o County Road 10 (58th Ave/Bass Lake Road): between western city limits and Xerxes Ave N O County Road 57 (Humboldt Avenue): from 57th Avenue to the southern city limits O County Road 130 (69th Ave): between western city limits and County Road 152 (Brooklyn Blvd) o 69th Avenue: between County Road 152 (Brooklyn Blvd) and West River Road O Shingle Creek Parkway: from York Place North to Xerxes Ave N West River Road: from northern city limits to 1-694 crossing Xerxes Ave North: from Shingle Creek Parkway to County Road 10 (Bass Lake Road) 29 CO0a '4CO c) ca, •as ta-a a) .-O g.) ....0 SI E 0 coC. c ca 0 0a 130 E2 a 0a. o u) a. 81,1 •OC--- :‘ TaC C)-7 )- ca7 == cr, V. c cu•u. ulco i7) (..9u. a) a)a) a a) c — a)as a:4-'COu)u) •,r0. ... ;.1 tow a) ca0 C. 0 - 0 4, 0al 0 7( 2 74 2 0 ,F ct. 0t• w Li! C) W C.) 047, 0 ci • .1/„....0„a- T." No timeframe or specific recommendations have been developed for these corridors (other than County Road 152 which had a study that identified off-road facilities only — no on-road improvements). On-road facilities identified in the Hennepin County Bicycle Plan include the use of shoulders and/ or bike lanes. Use of shoulders may result in signing as a bike route in some circumstances, but not all. Secondary Routes Secondary routes are shown in green. They are bikeways which have a heavy recreational focus or are lesser routes which still have an auxiliary importance to the overall system. Something less than full accommodation, such as an on-road shoulder or (not both) an off-road multiuse path is typical of secondary routes. There are no planned secondary routes within the City of Brooklyn Center. Independent Corridor Trails Independent trails are shown in red. These are the trails that are not within a roadway right of way. These trails have been included because they provide an important connection within Hennepin County. They generally cover a longer distance and cross a number of natural and other (large roadways, railroads, etc.) physical barriers. Planned independent trails include: o Shingle Creek Regional Trail: between the city's northern and southern limits (this trail has been constructed). o Twin Lakes Regional Trail: between the southwestern limits of Brooklyn Center to North Mississippi Regional Park. See Three Rivers Park section for planned improvements and their timing. o Mississippi River Regional Trail: between the northern and southern city limits along West River Road and through North Mississippi Regional Park. The only missing segment on this trail is the portion along Willow, north of 1-694. No timing on improvements has been identified. 32 a f aop-TO null , (iL:11APTIEL 5: COMMUNITY EISIOA4jIDIEN7 Critical to the success of this Pedestrian and Bicycle Plan is to understand what the residents in Brooklyn Center need to help them walk or bicycle more and what barriers prevent them from doing so. To get resident input, several strategies for community engagement were identified and implemented as part of the overall study. These strategies were specifically identified in order to: O Identify priority populations to target activities. O Implement creative methods to engage hard-to-reach populations. o Work with community organizations and city and county staff to implement strategies. o Identify ideas from residents that will encourage them to walk and bike more frequently. Identify barriers to biking and walking that can be addressed through the plan. Because it is challenging to engage residents and property owners in long-term planning efforts, traditional efforts such as public meetings, open house events and city council meetings, were replaced with activities that engaged residents in locations where they were likely to be as part of their daily routine and through targeted community groups. In addition, the activities and materials used were designed to promote walking and bicycling as fun and healthy activities. The sections below highlight the community engagement strategies that were employed. Surveys The primary focus of the community engagement strategies was to get residents to take a survey that identified their walking and bicycling needs and their current bicycling and walking habits. The survey questions aimed to collect details on how often residents walk and bike, why they engage in these activities (for transportation or recreational purposes), where they go and what could be done to make these activities more attractive to them as users. The survey was available in English, Hmong and Spanish. The survey was available in a hard copy form and an electronic form. The electronic version was available online via www. surveymonkey.com between March 20, 2013 and July 8, 2013. A total of 165 surveys were submitted (40 hard copies and 125 online). Copies of the survey are included in Appendix B and a full summary of the survey results is provided in Appendix C. Survey Highlights — Walking The first part of the survey focused on walking activities. As noted in the responses, a majority of survey respondents indicated that they walked at least once a week and that they walked for a variety of reasons. Popular destinations include community parks and facilities, shopping locations and fast food restaurants. When it came time to identify barriers to walking, survey respondents cited typical challenges related to: intersection crossings, lighting, security, maintenance, additional connections, wayfinding and shared-use facilities. 33 The following information was gathered from the survey. 1. How frequently do you walk around Brooklyn Center? A.Never: 13.2 percent B.Less than once a week: 22.1 percent C.1 to 2 times a week: 18.4 percent D.More than twice a week — but not every day: 30.9 percent E. Every day: 15.4 percent 2. Main reason why you walk. A.Have fun: 23.1 percent B.Exercise: 60.3 percent C.Walk instead of drive: 10.7 percent D.Get to work: 1.7 percent E. I do not walk: 4.1 percent 3. What places do you walk to? •Local parks O Around the neighborhood •Community center O Library Gas station (convenience food/products) Local trails Large retail/grocery stores Fast food locations 34 4. What would help you walk to places more easily? o Improving intersection crossings on busy roadways o Bridges over busy/dangerous intersections o Adding lighting to see at night and for safety o Adding cameras for safety o Add sidewalks to all local streets o Extend trail connections near Shingle Creek Crossing (mall area) o Add pavement markings to trails so you know where bicyclists and walkers are supposed to go O Widen trails so it is easier to accommodate both pedestrians and bicyclists O Snow and ice removal on trails; faster clearing of sidewalks o Maps and directional signage o Mobile app for city trails/sidewalks 5. Which places do you wish you could walk to more easily? O Local parks O Community center O Movie theater O Library O Gas stations o Retail/grocery centers O Fast food places 35 Brook! n Center Survey Highlights - Bicycling The second part of the survey focused on bicycling habits of survey respondents. In general, fewer people indicated that they biked within the community. They also had different reasons for bicycling than those that did for walking. A greater percentage of respondents indicated that they bicycled for work purpose or to replace a car trip than those who identified themselves as walkers. Like walkers, bicyclists most frequently cited exercise and to have fun as the main reasons for bicycling. Popular destinations for bicyclists also included community parks and facilities, shopping locations and fast food restaurants. Schools were also noted by bicyclists, which were not noted by walkers. When it came time to identify barriers to bicycling, survey respondents cited: needing more trails and trail connections, additional bicycle racks at popular destinations, wider trail facilities, smoother pavement surfaces, mapping/signage and challenging intersection crossings. The following information was gathered from the survey. 1. How frequently do you bike around Brooklyn Center? A.Never: 29.3 percent B.Less than once a week: 23.6 percent C.1 to 2 times a week: 16.3 percent D.More than twice a week — but not every day: 23.6 percent E. Every day: 7.3 percent 2. Main reason why you bike. A.Have fun: 30.6 percent B.Exercise: 38 percent C.Bike instead of drive: '11.1 percent D.Get to work: 6.5 percent E. I do not bike: 13.9 percent 36 3. What places do you bike to? O Local parks O Around the neighborhood O Community center O Library O Gas station (convenience food/products) O Local trails o Large retail/grocery stores O Fast food locations O Local schools O Coon Rapids Dam 4. What would help you bike to places more easily? •Additional trails and trail connections •Additional bicycle racks at popular destinations •Wider trails that accommodate both bicyclists and pedestrians O Make busy intersections easier/safer to cross O Smoother trail surfaces O Additional maps/directional signage 5. Which places do you wish you could bike to more easily? •Movie theater O Schools O Parks Shingle Creek Crossing (noted as Brookdale in response) Library •Large retail/grocery centers 37 .71 Mobile Display A mobile display booth was created and used to engage people in conversation about walking and biking. The display included information about the pedestrian and bicycle study, a link to the online survey and fun facts about walking and biking. Hard copies of the survey in English, Spanish and Hmong were also available with the display. The display was used as an informational table at three events and at four locations with a heavy amount of foot traffic. The display was staffed by consultant project staff and/or city staff at the following local 'events: •Brooklyn Center Earth Fest: Saturday April 20, 2013 at Brooklyn Center High School •Brooklyn Junior High Parent-Teacher Conferences: Thursday, April 25, 2013 at Brooklyn Junior High O Earle Brown Days Festival- Dunkin's Jamboree: Friday, June 28, 2013 at Centennial Park The display was also used to engage people in high-frequented locations within Brooklyn Center. Project staff was available to provide information and answer questions at the following display locations: o Brooklyn Center Community Center, 6301 Shingle Creek Pkwy: Thursday, May 16, 2013 o Brookdale Library/Service Center, 6125 Shingle Creek Pkwy: Friday, May 24, 2013 •Cub Foods, 3245 County Road 10: Friday, June 7, 2013 O Northwest Family Service Center, 7051 Brooklyn Blvd: Monday, June 10, 2013 Partnerships with Local Organizations In addition to outreach efforts with the mobile display and surveys, project staff collaborated with local organizations and schools to assist in gathering information and to promote the study and survey through their publications, networks, websites and social media sites. The intent of this effort was to provide information on the study and the survey to the organization and in turn have the organization share that information with their members. Information about the study and survey was distributed to: •Rivervvood Homeowners Association O North Hennepin Chamber of Commerce O Brooklyn Center Business Association O Twin West Chamber of Commerce o Brown College - Brooklyn Center campus O Minnesota School of Business - Brooklyn Center campus O ITT Technical Institute - Brooklyn Center campus O National American University - 38 Brooklyn Center campus 0 North Hennepin Community College As part of the local partnership efforts, the Riverwood Homeowners Association set up a display at the Brookdale Library promoting walking/biking, the study and the survey. The study and survey were also promoted by city staff who work with community groups, including the city's Cultural Liaison Officer, Crime Prevention Specialist and Juvenile Officer. ler Outreach Efforts In an effort to engage people who do not already walk and bike, as well as hard-to-reach populations, various community groups were identified and contacted. Project staff offered to attend an event hosted by the organization and/or provide a presentation in order to encourage walking and biking and to share information about the project study, as well as promote the community survey. A focus was made to work with organizations that cater to Hmong, Latino and African communities. Presentations Presentations were made to two groups during the study to engage different stakeholders about the study and their needs as residents of Brooklyn Center. The first group — students at Brooklyn Junior High — were selected because of their age (cannot drive yet — so as a group do more walking and bicycling) and because of their interest in math, science and engineering. The second group — Brooklyn Center Multicultural Advisory Committee — was selected because it had a more diverse cultural background that could provide insight into the concerns of different populations within the community. Each presentation included an overview of the development of the Brooklyn Center Pedestrian and Bicycle Plan, information about the benefits of walking and biking, and information about the survey. Both groups completed a mapping exercise and completed the survey. Comments/themes recorded during the mapping exercise included: o Additional lighting is needed. This is especially true during winter months when it gets dark out — it is hard to see to walk and/or bike. Lighting also helps for personal safety concerns. o Police enforcement/presence in locations with bridge crossings would be appreciated. These areas sometimes act as locations where people gather without a purpose. o Traffic signals are needed to help people cross on busy roadways. In locations where there are traffic signals, make sure the push buttons work properly. Some of them take a long time to allow pedestrians and bicycles to go through the intersection. o There are gaps in the system that need to be completed to make walking/biking easier. o It would be nice to have a place to rent bicycles or have bicycles available for people to use. o More efforts are needed to get helmets and bicycles for children and for those that may 39 rostliA _AM 71014141111=1. have limited incomes. O Bike racks should be installed at parks, schools and other public destinations. o More grade-separated crossings of TH 100,1-94 and Brooklyn Blvd are wanted. o Connections need to be made within parks to the rest of the network. o Most of the sidewalks and trails are in good condition. Some locations have cracks and broken segments. O Some users liked trails better than sidewalks and vice-versa O Students used trails/sidewalks to get to the homes of their friends, to go the park and to get to stores and fast food restaurants. Other organizations that did not request a presentation but were contacted by city/project consultant staff and provided with information about the Brooklyn Center Pedestrian and Bicycle Plan and the survey included: O Northbrook Alliance Church o Brookdale United Methodist Church Spiritual Life Church o St. Alphonsus Church o Imam Hussain Islamic Center News Releases Press releases were made to get the information out through local newspapers. City staff issued a press release at the end of April to let news organizations know about the study and the survey. A press release was issued at the end of June to remind news organizations about the study and to let them know that the survey closure date was approaching. Appendix D has copies of the two press releases. Other Studies Additional information about walking and bicycling was obtained through Brooklyn Center's Safe Routes to School Planning Study. This study engaged local school officials, teachers, parents, students, city and county staff and elected officials in identifying walking and bicycling needs/ improvements around elementary and middle schools within the community. As part of the study, an evaluation was made of walking/biking routes and the types of improvements that could be implemented over time. Information from this group is incorporated into the identification of system deficiencies and the recommendations sections of this plan. 40 41 CHAPTEL 6: SYSTElkw MI LUNGES System challenges were identified through a number of efforts. First, staff and the consulting team reviewed existing facilities and identified areas where links were missing, areas where crossings were limited or challenged due to traffic volumes, speeds or barriers such as creeks, other natural resources or development. Second, information collected as part of the surveys was used to identify gaps in the network, crossing challenges and other issues that make walking and bicycling difficult from system users. Third, information identified as part of other studies and plans previously conducted was incorporated. These studies included plans from the city, Hennepin County and Three Rivers Park District. The studies also included information from the recently completed safe routes to school planning study completed jointly by the city and the school districts. Fourth, the study looked beyond the traditional infrastructure to identify barriers to walking and bicycling that may limit or hinder use of the existing facilities in place. Figure 15, Public Input on System Challenges, includes all the comments collected as part of the study process, regardless of whether or not there is data, studies, etc. to support the comment. For example, someone may have commented that it is a challenge to cross Earle Brown Drive due to sight distance issues. Because of the study's time and budget constraints, it was not feasible to verify every comment that was made. However, staff felt that it was important to include the comments as part of the public input process and to acknowledge them as part of the study. The information collected on system challenges has been sorted into eight categories: 1.System Gaps 2.Crossings 3.Wayfinding 4.Infrastructure Condition and Maintenance 5.Security 6.Education/Enforcement 7.Equipment 8.Other System Gaps Gaps in both the sidewalk and trail networks were identified throughout the study process. Input on gap locations was obtained from city and county staff, participants in the Safe Routes to School program, residents and users of the system. It should be noted that the table and the figure include all comments about gaps identified through the study outreach process. Like Figure 15, Tables 1 and 2 include comments on gaps that have not been fully vetted. •.= Itg Lji (120- 0 6._ Sidewalk Gaps As noted previously, Brooklyn Center was developed during an era when sidewalks were not always provided. To remedy this situation, the city has made efforts to construct sidewalks as part of street reconstruction projects and at the request of neighborhoods. As a result of these efforts, as well as some construction of sidewalks at the time of development, the city has a rather extensive sidewalk system. However, there are areas where input from stakeholders suggests that there are still some gaps in the network. Table 1 lists the gaps by roadway name. Table 1: Gaps in the Sidewalk System Gap Location From 53rd Avenue North Greatview Avenue France Avenue North 53rd Avenue North Russell Avenue North Penn Avenue North 55th Avenue North France Avenue North Sailor Lane 59th Avenue North (south side)Knox Avenue North Dupont Avenue North 61st/Scott Avenues North Noble Avenue North Boulder Lane 62nd Avenue North Lilac Drive North Lyndale Avenue North 67th Avenue North France Avenue North Drew Avenue North 70th Avenue North Brooklyn Boulevard (CR 152)Halifax Avenue North 70th Avenue North (south side)West of Camden Avenue North TH 252 70th Avenue North West River Road Willow Lane North 71st Avenue North Halifax Avenue North France Avenue North 72nd Avenue North Bryant Avenue North Camden Avenue North 73rd Avenue North Halifax Avenue North France Avenue North 73rd Avenue North Penn Avenue North Camden Avenue North 73rd Avenue North West River Road Willow Lane North Boulder Lane Scott Avenue North Unity Avenue North Camden Avenue North 70th Avenue North 73rd Avenue North Dupont Avenue North 57th Avenue North 53rd Avenue North Eckberg Drive Halifax Avenue North France Avenue North France Avenue North 69th Avenue North 67th Avenue North Frontage Road Brooklyn Boulevard (CR 152)Xerxes Avenue North Frontage Road Bass Lake Road (CR 10)John Martin Drive Halifax Avenue North France Place Eckberg Drive Humboldt Avenue North . Freeway Overpass Sidewalk ITT Technical Institute Parking Lot (freeway side) Earle Brown Drive Irving Avenue North 57th Avenue North 59th Avenue North John Martin Drive Earle Brown Drive Frontage Road Northport Drive Northport Elementary School 53rd Avenue North Palmer Lake Drive West 72nd Avenue North North of Woodbine Lane North Perry Avenue North 65th Avenue North Howe Lane Unity Avenue North Boulder Lane 63rd Avenue North Willow Lane North 73rd Avenue North 70th Avenue North Xerxes Avenue North South of 55th Avenue North Frontage Road 43 k;11 EQ11011 1 F4 ;-1 Trail Gaps Along with the gaps in the sidewalk network, there are also some gaps in the trail network that were identified by stakeholders. Gaps are identified regardless of the agency that may ultimately own and operate the trail. Gaps in the trail network are shown in Figure 15 and listed in Table 2. Table 2: Trail Network Gaps Gap Location From To 50th Avenue North (independent trail — not along a roadway) Drew Avenue North 53rd Avenue North 57th Avenue North Logan Avenue North Mississippi Regional Park 58th Avenue North Halifax Avenue North June Avenue North 63rd Avenue North Perry Avenue North Major Avenue North 66th Avenue North Orchard Avenue North Indiana Avenue North Azelia Avenue North (extension)South of Lake Breeze Avenue Lakeside Avenue County Road 130 (69th Ave)Unity Avenue North County Road 152 (Brooklyn Blvd) County Road 152 (Brooklyn Blvd) 1-94/694 49th Avenue North Drew Avenue North 67th Avenue North 65th Avenue North France Avenue North/France Place Halifax Avenue North 53rd Avenue North Halifax Avenue North 58th Avenue North France Place North June Avenue North 59 1/2 Avenue North 58th Avenue North Lakeside Avenue North Twin Lake Avenue Azelia Avenue North (extension) Logan Avenue North 59th aVenue North 57th Avenue North Major Avenue North 63rd Avenue North Arboretum Marlin Drive 65th Avenue North Marlin Park Perry Avenue North Howe Lane 63rd Avenue North Shingle Creek Crossing 55th Avenue North Bass Lake Road TH 252 or Willow Lane North North of 1-694 66th Avenue North Twin Lake Avenue Lakeside Avenue North Lake Breeze Avenue Northern City Limits — along Shingle Creek Brooklyn Boulevard Park Center High School/ Brooklyn Junior High Crossings In addition to identifying areas where trail or sidewalk segments are missing, study participants also identified locations where they found it challenging for bicyclists and/or pedestrians to cross the roadway. Locations were identified for a number of reasons such as: heavy traffic volumes, a large roadway or barrier to cross, high-speed traffic, lack of crossings for a significant distance or lack of crossings at a desired destination, and a desire for additional freeway crossings. These areas are shown on Figure 15 and are described below. 44 1/RIEW11111111filltiaNDIU1111.14 1.Interstate 94: West of County Road 152 (Brooklyn Boulevard) there are no pedestrian overpasses or any grade-separated roadway crossings within the city. As a result, residents living west of County Road 152 are required to go to County Road 152 to get to areas north and south of 1-94. This can require pedestrians and bicyclists to go quite a bit out of their way. Additionally, conditions on County Road 152 are not as pedestrian and bicycle friendly as they could be (improvements have been identified, but not yet constructed). This results in limited use of County Road 152 by pedestrians and bicyclists. East of County Road 152 there are a number of grade separated crossings that pedestrians can use, including a regional trail (Shingle Creek). 2.Trunk Highway 252: MnDOT operates Trunk Highway 252 within the city. This roadway has three existing at-grade intersections where pedestrians and bicyclists can cross to/from the Mississippi River Regional Trail along West River Road. TH 252 is primarily a six-lane roadway with dedicated left- and right-turn lanes at the three intersections. In addition, TH 252 has a large, grass center median. Because there are a number of lanes and a wide median, it can be very challenging for pedestrians and bicyclists to cross at these locations. 3.TH 100: TH 100 is another large roadway that can be a barrier for pedestrians and bicyclists. There are a few grade separated crossings that pedestrians and bicyclists can use, but they do not always provide the most direct route to and from various destinations. It is important to note that there are crossings that connect with the mall (Shingle Creek Crossing) and near the Earle Brown Center. There are also sidewalks that can be used along County Road 152 (Brooklyn Boulevard) and along Lake Breeze/France Avenue. 4.County Road 10 (Bass Lake Road): County Road 10 is an east-west roadway that enters the city at its western limits just north of Upper Twin Lake and continues to TH 100. West of County Road 152 (Brooklyn Boulevard) it is a three-lane roadway (one travel lane in each direction with a center turn lane). The area is primarily residential in nature and travel speeds are not excessive. However, there are no officially designated crossings. East of County Road 152 (Brooklyn Boulevard) to TH 100, County Road 10 becomes a four-lane divided roadway with dedicated turn lanes and traffic signals at some locations. The land use in this segment transitions to more commercial (including the mall area) and industrial uses. Traffic volumes are generally heavier and speeds can be faster. This section of roadway has transit stops and bus pullouts at some locations. Because of some major electrical transmission lines, the roadway has a wide median. However, the signalized intersections have wide enough medians that they serve as a pedestrian and bicycle refuges and offer people a safe place to stop half way across the corridor. Comments from stakeholders indicated that they would like to see a grade-separated crossing along the segment east of County Road 152 (Brooklyn Boulevard) and maybe have something in place to assist in crossing between neighborhoods west of County Road 152. 5. County Road 152 (Brooklyn Boulevard): County Road 152 is a north-south roadway that travels through and beyond the city. This roadway has many design types. In some locations it is a four-lane undivided facility with center turn lanes, in others it is four- or six-lanes with a center median and dedicated turn lanes, in some locations it is a four-lane undivided facility and in some segments it is a four-lane divided facility without dedicated turn lanes. 45 Brookl n Ce ter Some of the segments have trails, with sidewalks along most of the corridor. Travel speeds and traffic volumes can fluctuate depending upon where one is in the corridor. A majority of the corridor is currently commercial or industrial, with pockets of residential and institutional uses as well. One of the more challenging segments of roadway for pedestrians and bicyclists to cross is in the area between 65th and 58th Avenues North. In this segment, the roadway is four travel lanes, two center turn lanes and some locations with dedicated turn lanes except for the signalized intersections at 65th, 63rd, and 58th Avenues. At these locations, there is a center median and at least dedicated left-turn lanes. Because the roadway segments are large (minimum of six lanes to cross), and there are a limited number of signalized crossings, it is hard and unsafe for pedestrians to cross County Road 152 in this area. Other contributing conditions that make the crossing the roadway challenging include intersections that are off-set from one another. This means that the intersecting streets do not line up livith one another and pedestrians cannot cross directly from one side of the roadway to the other. To address roadway, bicycle and pedestrian transportation issues, the city and Hennepin County completed a corridor study between 1-694/94 and 49th Avenue North. The study made a number of recommendations for the roadway and intersections as well as for supporting facilities such as trails and sidewalks. Within the study area it was recommended that a trail be constructed along the west side of the corridor and that a sidewalk remain on the east. In addition, it recommended providing an additional place for pedestrians to cross at Gist Avenue so that there would not be such a long gap between locations (63rd Avenue North and 58th Avenue North) where pedestrians can cross with the assistance of a signal. 6. Earle Brown Drive: Earle Brown Drive is a curvilinear roadway with a number of different land uses including the Earle Brown Center, a few hotels, institutions of higher learning and a fair number of people that are generally not familiar with the area (tourists, visitors to Earle Brown, etc.). The northeast corner of the roadway (in front of the Earle Brown Center) was identified by a couple of individuals as a location where it is hard for pedestrians and cars to see one another and to judge speed accurately. Wayfinding Comments from survey respondents indicated that directional signage would make getting to destinations easier. This is especially true on regional trails, which tend be longer and generally serve multiple destinations. Without signage on these facilities, it can be challenging for users to mentally calculate how far it is to a particular location or how long it will take to reach that location. Additionally, if the trails meander or have multiple connections, users can get confused as to which direction they should go. While it is not practical to list on a sign all destinations that are possible on every street with a sidewalk or along every trail, opportunities may exist to provide additional wayfinding measures to guide system users. Potential opportunities for wayfinding measures are included in Chapter 7. 46 BrQfI n Centerl.edestrian & •Plan Infrastructure, Infrastructure Condition and Mainte, nce The City of Brooklyn Center recognizes that it is important to have a complete pedestrian and bicycle network in good working order to encourage its use. To reflect that understanding, the city annually inspects approximately a quarter of the city for trails and sidewalks; it maintains the sidewalks in the winter; and applies to different grant programs for funding to construct and reconstruct facilities, to purchase bicycle racks and to identify short-,mid- and long-term needs. Comments from those participating in surveys or speaking with staff and the consultant agreed that overall the city did a good job when it came to infrastructure. However, there were some comments/themes that warrant discussion. Lighting Lack of lighting, particularly lighting that is more pedestrian scale in nature, was noted by a number of survey respondents and by individuals participating in outreach efforts. Lighting is particularly important for users of the system during winter months when it is dark going and coming to work as well as year-round for those that work non-traditional shifts. Lighting is needed not only to see sidewalks, trails and roadways better, but also for security/personal safety and for ice during the winter. Bicycle Racks Even though the city has actively pursued and received funding for bicycle racks, some survey respondents indicated that they would like additional bicycle racks at popular destinations, schools and at commercial/non-public locations such as strip malls, Target, Cub, Walnnart, etc. Wider Trails Some survey respondents indicated that they would like to have wider trails or trails that had pavement markings designating which direction people should be walking and biking. On some of the more popular trails without these amenities, some users indicated that they felt crowded or there was not enough room on the trail. Pavement Surface Some of the bicycle survey respondents indicated that trail surfaces were not always smooth and that there were some locations where the pavement was cracked and contributed to a rougher ride. Winter Maintenance The City of Brooklyn Center performs winter maintenance (snow removal) on all sidewalks along city and county roadways. It also clears snow off of trails owned by Three Rivers Park District. Timing of winter maintenance for sidewalks and trails can be challenging — everybody wants 47 • Brookl riCenteJkdestrian &Bic !elan the sidewalk and trail that they use to be cleared right after the snow event so that they can use nearby facilities. Study participants indicated support and appreciation for snow removal — however, they also wanted faster clearance times. Clearance of snow from sidewalks near schools was also brought up as an issue as part of the Safe Routes to School planning efforts. In general, the city attempts to clear streets near schools in time for arrival and dismissal. Other An additional issue identified as part of the surveys indicated that there may be regular flooding issues on trails near some of the lakes. It was suggested that trails be raised in these areas. The city, in partnership with Three Rivers Park District, recently located a regional trail out of the floodplain for this very reason. Other segments still need to be addressed. Security People need to be and feel safe if they are going to walk or bicycle within the community or if they are going to be willing to let their children walk and/or bike without supervision. Some study participants noted that personal safety/security was a concern or a barrier that limited their use of the pedestrian and bicycle network. As noted previously, lighting can play an important role in how safe someone feels. Lighting not only enables someone to see where they are going, it also helps them be aware of their surroundings and environment as a whole. It also makes people more visible should any type of incident (fall, injury, etc.) occur. Along with additional lighting, some study participants suggested that it would be appreciated if there were police patrols along trails and sidewalks, especially when it is darker out or in locations where crime can be an issue. Recognizing that police cannot be everywhere, it was also suggested that cameras be installed in areas with known safety/security concerns. Education/Enforcement While not a physical issue associated with the pedestrian and bicycle network, study participants noted a general lack of understanding of rules when it comes to motorized vehicles and bicyclists/ pedestrians — on both the part of the vehicle drivers and the cyclists/pedestrians. It was suggested that educational efforts be made to make all users aware of the rules of the road and that police officers become more aggressive in enforcing these rules. In addition to comments regarding education on the rules of the road, it was also noted that more education on owning and properly maintaining a bike may be desired and useful for residents. 48 Brookl n Cente !AMR UM 11p4 Equipment Given the downturn in the economy and the economic constraints that residents may have, comments were made that it would be beneficial to have programs available within the community that would help children obtain bicycle helmets and/or bicycles. In discussions with city and county officials, it was noted that some of these programs exist and that it may be necessary to make the availability of these programs more widely known and/or advertised. Study participants also recommended that a program similar to Nice Ride (bicycle rental program - bicycles can be obtained and returned at multiple locations within a community and can be rented hourly) may benefit the community by providing options for those that may not be able to purchase a bicycle or need it for limited periods. It was also seen as an opportunity to potentially bring people into the community and explore its amenities. Other Comments Other comments received focused on operations at signalized intersections. Study participants requested audible crosswalk indicators and longer crossing times for pedestrians and bicyclists at busy intersections. 49 W.U.IVA:1111t11111r41111 CIIIAPTICk 7: R[Ctiii : NDATIONS The City of Brooklyn Center has the opportunity as part of its Pedestrian and Bicycle Plan to create the foundation for providing important community links and connections that would allow individuals to pursue walking and biking as part of their work, household, recreation, and transportation activities by making its system of sidewalks, trails and transportation facilities safer and more convenient. The city also has the opportunity to develop policies, coordinate with other agencies and implement practices that will encourage walking and bicycling within the community. This section outlines an overall vision for pedestrian and bicycle facilities within the community and provides some broad recommendations for activities and practices that will encourage the long-term use of the system and a healthy lifestyle. Chapter 8 provides overall best practices that should be considered when planning, designing and constructing improvements. Chapter 8 provides greater detail on design activities and considerations. Trail and Sidewalk Network Vision The proposed trail and sidewalk network vision should reflect the input of study participants and good planning practices that encourage connections to important destinations within the community, that provide opportunities for recreation as well as commuting purposes and that provide connections throughout the entire community. The proposed vision for the trail and sidewalk network: o Creates linkages to existing and planned recreational facilities o Creates linkages to schools from residential areas o Creates linkages to community destinations (city hall, community center, mall, etc.) o Creates linkages along transit lines and to transit facilities (bus stops, park and rides, etc.) o Eliminates gaps in the existing network o Provides parallel/separated facilities on higher-volume and/or higher-speed roadways The vision in this plan is for the long-term. It is to be used as a guide for the city and its partners when making both long- and short-term decisions with regard to planning and construction of facilities. It is intended to be used to incorporate pedestrian and bicycle needs not only into projects immediately on the table, but to not preclude them as part of planning and other activities. For instance, a trail may not be completed or constructed as a single parcel redevelops, but right of way or an easement should be preserved if it is included as part of the vision so that it can be constructed at some point when there are enough parcels for a trail to be constructed. Figure 16 shows the trail and sidewalk network vision. Trails and sidewalks shown in solid lines represent facilities already in place. Dotted lines show "proposed" connections needed to 50complete the vision. to 0 a_ •••• Brookl n Center destrian Bk cle P an Input on the pedestrian and bicycle facility vision was developed based on the input from stakeholders regarding system challenges as well as from other studies (Safe Routes to School) that were recently completed. As alluded to previously, there are not any specific priorities or timelines identified for improvements. Discussions with staff, appointed committees and elected officials will be used to identify priorities. In some cases, priority may be determined as a result of joint efforts with other agencies such as schools, Hennepin County and Three Rivers Park District. In other instances it may be the availability of funding for a particular type or improvement or grant funding that is targeted to a specific project. In some instances, improvements may never be prioritized, opportunities for improvements may not occur and funding may not be available. On-Road Facilities At this time, there are no specific recommendations to sign roadway shoulders as bicycle routes within Brooklyn Center. Experienced cyclists will choose to ride on roadway shoulders based on their comfort level and trip destination. As indicated previously, both the county and the city have identified roadways where consideration could be given to construct on-road facilities for experienced bicylclists to use for transportation purposes. It is recommended that individual corridors be studied if demand is sufficient and there are requests made for providing specific facilities. Opportunities as part of reconstruction projects or maintenance projects should jointly be explored by the county and the city to consider shoulders, bike lanes and other accommodations as appropriate. Corridors for potential study/consideration that have been identified previously by the county and/or city include: o County Road 10 (58th Ave/Bass Lake Road): between western city limits and Xerxes Ave N •County Road 57 (Humboldt Avenue): from 57th Avenue to the southern city limits o County Road 130 (69th Ave): between western city limits and County Road 152 (Brooklyn Blvd) o 69th Avenue: between County Road 152 (Brooklyn Blvd) and West River Road o Shingle Creek Parkway: from 69th Avenue to Xerxes Ave N o West River Road: from northern city limits to 1-694 crossing o Xerxes Ave North: from Shingle Creek Parkway to County Road 10 (Bass Lake Road) The studies on these corridors should identify what type of on-road facility is most appropriate (bike lanes, shoulder use, cycle tracks, etc.). Based on the type of facility that is identified, the corresponding signage can be developed. It is important to ensure that the on-road facilities have connectivity to other bicycle facilities so riders are not forced into the traffic flow unexpectedly. This is particularly important for the less experienced cyclists and those that may be riding with children. 52 It should be noted that County Road 152 (Brooklyn Boulevard) was noted as a potential corridor for on-road facilities. The Brooklyn Boulevard study evaluated this alternative and recommended not including them. Instead, the study recommended a trail on the west side and a sidewalk on the east side as being sufficient to serve pedestrian and bicycle needs on the corridor. Crossings As noted in Chapter 6 — System Challenges, there are roadways where crossing provides some especially difficult challenges for pedestrians and bicyclists using the sidewalk and trail network. The good news is that there were consistent comments on where a majority of the crossing issues were concentrated and the overall number of corridors with concerns is fairly limited. This does not mean that other locations are not problematic or could be improved with some of the best practices identified in Chapter 8. It also does not mean that any improvements may be identified — especially if future studies indicate that there are no problems. Crossing challenges identified by stakeholders included: •1-94/694 west of County Road 152 (Brooklyn Boulevard) O TH 252 from the northern city limits to 66th Avenue North County Road 10 (Bass Lake Road) between the western city limits to County Road 152 (Brooklyn Boulevard) County Road 152 (Brooklyn Boulevard) between 63rd Avenue North and County Road 10 (Bass Lake Road) •Earle Brown Drive in the northeastern portion of the roadway This plan recommends the following: 1.Implement proposed improvements to County Road 152 (Brooklyn Boulevard), including upgrading intersections to make them more attractive, providing additional crossing opportunities at 61st Avenue and ensuring that ADA requirements are met. At this point, the city and the county will need to work together to identify the funding needed to make the improvements. 2.Conduct studies that address crossing issues similar to the County Road 152 (Brooklyn Boulevard) study on TH 252 and County Road 10 (Bass Lake Road) between the western city limits and County Road 152 (Brooklyn Boulevard) with the appropriate partners. 3.Conduct a roadway segment/intersection analysis (sight distance review, crossing location review, crash analysis, etc.) on Earle Brown Drive to identify any potential changes. 4.Discuss with MnDOT potential opportunities for another crossing of 1-94/694. If MnDOT is open to the opportunity, complete a study that would identify and compare potential crossing locations. 53 likaMitedirallikalaV A p While some may want grade-separated crossings at all intersections on bigger/busier roadways because it reduces the time and/or length of one's trip, this is not practical and it is not cost effective. As such, careful thought and consideration will need to be given to any new grade- separated crossings. The areas identified above should be the focus of future studies to determine the appropriate treatments that are specifically suited to that particular location(s). General treatments and hest practices have been identified in Chapter 8 — including treatments for intersections and mid-block crossings — that may be applicable to the situations above. However, additional study should be completed to thoroughly understand existing conditions at these locations in order to identify improvements that are most appropriate. Policies, Activities and Practices There are a number of things that the City of Brooklyn Center and its partners can do to ensure use of the pedestrian and bicycle network that go beyond constructing sidewalks, trails and on-road improvements. Some of the activities require a policy direction from the Brooklyn Center City Council, others require staff coordination and time and other activities may require cooperation from outside agencies. The sections below highlight other opportunities the city should consider. Regular Plan Review, Project Identification and Studies Having this plan is one of the first steps that Brooklyn Center has taken to ensure that there will be a robust pedestrian and bicycle network to serve residents throughout their lives. Additional steps will need to be taken to ensure that the plan's long-term goals are achieved. These steps include: o Regular Plan Review: One way to ensure that plan recommendations are being implemented and that people are using the pedestrian and bicycle network is to conduct a regular review of the plan (every 3 to 5 years) to ensure that the recommendations are relevant and that projects and policies are being implemented. Update the plan as needed. o Identify Projects and Develop a Timeline: Identify potential projects on a set schedule (every year, every other year, etc.) for inclusion in the city's capital improvement program. This ensures that projects are included in budgetary decisions and will assist in selecting priority projects. O Studies: For more complicated issues/locations, invest in corridor or intersection studies to identify the appropriate recommendations. This will likely require coordination with other agencies such as Hennepin County, MnDOT and Three Rivers Park District. It could also include adjacent communities such as Brooklyn Park, Minneapolis, etc. Once studies are completed, implementation timeframes should be established if possible so that agencies can adequately prepare budgets for proposed improvements. 54 Update Ordinances/Encourage Pedestrian and Bicycle Infrastructure The City of Brooklyn Center has been successful with its street reconstruction projects in adding neighborhoods to the sidewalk network and the city has successfully negotiated with developers to incorporate trails and/or sidewalks as part of major redevelopment efforts. These activities can be further enhanced by: o Zoning Code: Incorporating sidewalk and/or trail requirements into development/ redevelopment requests that are submitted to the city for review and approval. By incorporating requirements into the zoning/subdivision code, the city can make incremental changes in areas that lack facilities and/or supporting infrastructure (bicycle racks, signage, lighting, etc.). o City Improvements: When the city makes improvements or changes to its facilities, consideration should be given for incorporating additional sidewalk and trail facilities and supporting infrastructure. o Coordinating with Existing Property Owners: Work with existing property owners at popular destinations (Earle Brown, schools, technical schools, businesses) to encourage bicycle and pedestrian improvements. There may be opportunities to partner on grants for bicycle racks, signage, etc. that would benefit businesses, customers and the city. Partnering with Other Agencies/Organizations When agencies cooperate with one another, with other organizations and with the private sector, additional funding and resources can become available to make walking and bicycling easier for a greater number and types of users. A number of agencies and organizations have coordinated with the City of Brooklyn Center to get the pedestrian and bicycle network to the point where it is today. Continued cooperation and coordination will be required to grow and maintain the network in an orderly manner and to encourage walking and bicycling within the community. Potential partnering could include: o Plan Consistency: Regular and ongoing coordination with Hennepin County and the Three Rivers Park District will ensure consistency among the plans for the three agencies. This consistency will be useful when applying for grants and trying to obtain funding for proposed projects. Hennepin County has just completed its Pedestrian Plan and elements of that plan are reflected in this plan. The county is also just starting the process of updating its Bicycle Plan. As part of that process, the Three Rivers Park District and the City of Brooklyn Center will be invited to provide comments and input into the plan development. It will be important for the city to participate in this process so that any modifications can be incorporated into an update of this plan at a later date. 55 Brook! n Cerder_Pedestrian talc o Establishing Standards: The city, county and Three Rivers should establish some minimum design standards for trail facilities, signage, lighting and other amenities. Consistency in facilities is important to users of the system. It also allows for the easier transfer of facilities at a later date if jurisdictional changes need to be made. o Funding: Coordinating with other agencies, organizations and the private sector provides greater opportunities to obtain and leverage funding for infrastructure and educational efforts. It can also open up new avenues of funding opportunities. For instance, the state may have a grant available for senior housing projects that pays for sidewalk improvements. Working with a developer on a senior housing project may pay for the sidewalk and free up funding for other improvements/enhancements to the site or reduce city costs. o Identify Needs: Cooperating with other agencies and organizations can assist the City of Brooklyn Center in identifying any additional infrastructure, education, maintenance or program needs. The city, in turn, can assist other agencies in doing the same thing. When needs show up in multiple plans it can make obtaining funding easier and it can help in prioritizing improvements and programs. Additionally, making other agencies and organizations aware of needs may lead to sharing of information about resources that the city may not have heard about previously. o Education and Promotion: Putting on programs jointly or sharing information across jurisdictions can save resources or allow for more robust programs that can reach more participants. It can also bring together groups that may not normally work together (for example, a bicycle education program that includes schools, police, bike shop, insurance company). The city should consider partnering with the school districts, insurance companies, bicycle shops, etc. to implement educational workshops, bike rodeos and walk/ bike to school activities. Educational activities on safety involving children can be used to engage the parents as well. Events can focus on how to maintain/care for equipment, the importance of wearing a helmet and understanding the rules of the road. Additionally, these efforts can be used to assist the city in identifying any additional 'improvements or programs that may be needed as part of the program. Educational activities on health could be developed by partnering with Hennepin County and insurance companies to conduct educational workshops within the community on the importance of a healthy and active lifestyle. The workshops can promote opportunities to use the pedestrian and bicycle network within the community. o Equipment: Partnering with other organizations and groups may enable the city, county and/or schools to get access to items such as new bicycle helmets and new and used bicycles that they can use in their programs and distribute to residents based on need. Other opportunities could also include working with Nice Ride to determine whether or not there is enough market demand to expand the program into Brooklyn Center. 56 Brookl o Monitoring: One of the goals of this plan is to get more people walking and biking within the community. On its own, the City of Brooklyn Center may not have the ability to count pedestrians and bicyclists using the system. However, in working with the schools, there may be an opportunity to have annual surveys on the number of kids that walk or bike to school. In working with Three Rivers Parks, there may be opportunities to use their data or assist them in counting usage on regional trails. In working with Hennepin County, there may be opportunities to obtain pedestrian and bicycle counts if the county is conducting traffic counts for highway projects. Pulling these sources together will assist the city in understanding usage of its system. o Transit: Metro Transit serves the City of Brooklyn Center with regular route and express bus service. There are three park and ride locations, a transit station and numerous bus stops along regular route service lines. Improving pedestrian and bicycle connections to these facilities can assist in integrating biking and walking into the transportation discussion, thereby benefiting the transit system, the roadway network and the pedestrian and bicycle networks. It is also an opportunity to partner with Metro Transit on bus stop locations, shelter placement and overall service to the community. Regular communication with Metro Transit can be used to ensure that pedestrian and bicycle facilities (as well as supporting infrastructure — bicycle parking) are located on transit routes and connect to major transit facilities if routes are modified or if route modifications are discussed. Education As noted throughout this plan — the intent of the Brooklyn Center Pedestrian and Bicycle Plan is to encourage more people to walk and bike. Providing the necessary infrastructure is one part of that process — however, in order to see changes in behavior, additional efforts will be needed. These efforts should include education — about the system, the benefits of walking and bicycling and safety. o System Awareness: In order to increase the number of users on the system, residents, businesses and public agencies/groups should be provided information about Brooklyn Center's existing pedestrian and bicycle network. One way to do this is to distribute maps showing the existing network. This can be done on the city's website, having hard copies of the maps at city locations (city hall, golf course, community center, etc.) or distributing maps as part of a city-wide newsletter. Another option is to build on the public outreach that the city initiated as part of this plan and have maps or information about maps on the website available at community events such as Earth Fest and Earle Brown Days. Other options include working with the school districts to distribute maps to students during the school year so that they can use them to map their route to school and other destinations within the community. 57 o Health Benefits: As noted previously, there are opportunities to work with Hennepin County, health providers and insurance companies about the benefits of walking and bicycling. In addition to working together to put on programs within the community, there may be an opportunity to partner with some of the technical schools to teach a session on this topic in some of their health-related classes. Additionally, the city could potentially team with local clinics to put up a display (similar to the mobile one used in this study) on the benefits of walking and bicycling in their lobbies for a limited period of time. o Safety: Safety is something that the city, county and Three Rivers Park District take seriously. They also understand that system users need to feels safe while on the system and while crossing major barriers (bigger roadways, railroads, creeks, etc.) or they will not use it. To this end, the agencies providing the infrastructure have identified best engineering practices for constructing the physical network. However, efforts beyond providing a well-designed system are needed to make users feel safe. The city and the school districts have partnered together to implement Safe Route to School Activities. Ongoing efforts outside of the official program should be considered to continue to educate young people about safe walking and bicycling. This will reinforce the messages that they have been receiving and will expand that knowledge to new students annually. As more young people become better acclimated with rules and practices for safe walking and biking, the more likely they are to use the system and to share their knowledge with others. In addition to providing safety training to children, consideration should be given to provide training and information about safe walking and biking to adults through community education programs, police outreach efforts or through handouts available via the internet or hard copy. Training for adults can serve as a refresher on safe practices and can be a way to introduce new users to the pedestrian and bicycle network. Maintenance As previously indicated, how well a facility is maintained can be an indicator of use. Well maintained facilities will encourage more use, whereas facilities in disrepair can provide a negative experience, and in some cases create a safety concern that will deter users. Regular maintenance of facilities also shows the city's, county's and Three Rivers Park District's commitment to and investment in the non-motorized transportation network. Things the city can do to improve maintenance include: o Reporting: The city, county and Three Rivers cannot be in every spot every day to ensure that infrastructure is in operable and safe conditions. Additionally, much of the public is unaware of what facilities belong to which agency. To make it easier for residents and users of the system to report problems or maintenance issues, the city should consider putting a "report a sidewalk" or "report a trail" link on its website so that users can report problems to the city. From there, the city can coordinate appropriately with other agencies if needed. Having an electronic way to identify problems to city officials will make it easier for users to report problems on the network and will provide staff with another means of being informed about issues to address. 58 enter.11•11111111W o Inspection: Regularly inspect the condition of trails and sidewalks owned and/or maintained by the city. Items identified as needing attention should be addressed if they pose an immediate hazard. If they can wait, they should be incorporated either into the city's capital improvement program or maintenance program. The City of Brooklyn Center inspects approximately a quarter of the community on an annual basis. This consistent approach ensures that most facilities are in operable and safe conditions. o Budgeting: Just as roadway maintenance is a part of the city's budget, a budget for sidewalk and trail maintenance should also be considered for short- and long-term maintenance needs. Including maintenance activities ensures regular use of funding for keeping the system safe and operational. o Snow Removal: Snow and ice removal is an important safety consideration — especially for the pedestrian network. Handicapped and elderly populations are of particular importance when considering snow removal policies and practices. Facilities that are not maintained may force users to find other modes or may force them into locations (such as in the roadway) that are not safe. In addition to removing snow, policies should consider the timing of removal — is it done within a certain period of time after a snow event? Does it follow plowing for city streets? Are there certain facilities maintained by the city that should receive higher priority than others? These are questions that city policies should address. Presently the City of Brooklyn Center provides snow removal on sidewalks and Three Rivers Park District trails. The plowing of the sidewalks and trails is done concurrently with the plowing of city streets in order to clear snow as soon as possible. As part of reviewing and updating its snow plowing route planning, the city may want to consider developing a priority list for snow removal on facilities that have higher usage or link to schools and transit destinations. In general, the city attempts to clear snow on routes with schools in advance of arrival and dismissal times. Doing so is not always feasible based upon the timing of the snow event. o Vegetation: The city should consider trimming vegetation or asking homeowners to trim vegetation that extends into the public right of way. Vegetation can block sidewalk and trails by extending over these facilities, narrowing the travel path for users. It can also create an unexpected hazard for users. This can be problematic on high-use corridors where the full width of the facility is needed. o Drainage: As part of the inspection process, review the trail/sidewalk area for any standing water or drainage issues. Sidewalks and trails can settle over time and redevelopment/construction can change drainage patterns. Standing water or mud/ sand/debris washed onto a sidewalk or trail can create a safety problem or make it difficult for wheelchairs and/or bicycles to navigate. o Roadway Improvements: The city should consider pavement materials when making roadway repairs. Plans should ensure that storm water grates are perpendicular to the roadway so that bicycle tires do not get trapped. When paving travel lanes, care should be taken to avoid leaving a ridge or joint where the bicycle may be traveling. Coordination and discussion should occur with the county and the state when improvements are made to their facilities. 59 • Signage and Pavement Markings: The condition of signage and pavement markings is an important part of the maintenance process. It is important to evaluate signage and pavement markings as part of regular inspections. The signage and pavement markings provide important information and they should be kept in good repair so that they are readable/visible to users. Security Security on the pedestrian and bicycle network was identified as a concern by study participants. If users feel physically unsecure, they will not use the system, nor are they likely to encourage family members (spouses, children, etc.) to use the system. There are several things the city could consider to improve user security. These include: installing pedestrian-level lighting, educating users on personal safety through a community program, having officers patrol areas where there are sidewalks and trails, and installing cameras in known problem locations or locations where getting patrols into the area is problematic (trails within park areas or areas separated from roadways). Wayfinding Development and implementation of a cohesive signage program is an important aspect of the pedestrian and bicycle plan. Wayfinding signage can be used both on road and on trail systems to help users navigate their way through an area. Because wayfinding is used to navigate and to provide information to system users it is important that the system that gets put into place is uniform and consistent. Signing and pavement marking must warranted by use and need. Multiple designs, oversigning and signs clashing with or too similar to regulatory signage can actually increase confusion, degrade the usefulness of signs, cause distractions and introduce conflicts between different mode users. Signage for Sidewalks Wayfinding is not recommended for the sidewalk system. The amount of signage provided by street labels at intersections provides pedestrians with information of their current location. Kiosks with maps and signs listing all potential destinations would add clutter and would likely add confusion for motorists, bicyclists and pedestrians. Additionally, providing such signage would be cost prohibitive. Instead, it is important to ensure that street signs are in place and are in good condition so that pedestrians can orient themselves. 60 Brookitiaenter ■ Signage for Trails Trails are different than sidewalks. Trails generally result in longer trips and include more of a mix of users. Trails are used for both recreational and commuting purposes and often times travel through parks, scenic areas and locations that are not easily locatable by street signage. Therefore, users of this system may need signage beyond what is provided for sidewalks. As noted earlier, signage for trails should be consistent and uniform — at the very minimum consistent throughout a single trail corridor, preferably throughout the community. The signage should also be used appropriately — that is — putting signs where it is useful, where it can provide guidance and where it does not create confusion for system users or users of other modes. To maintain consistency, the Minnesota Trail Planning, Design and Development Guidelines (MN DNR 2007) should be used as a guide for trail signage development. As explained in the guideline, trail signage generally falls into four categories: o Regulatory, traffic control and warning signs. These signs should be in place to alert users to safety conditions, sharp curves, slopes or a change in condition that users should be aware of as they proceed down the trail. Trailhead and orientation signs. These signs should be used in locations where many of the trail users will be entering the system. Areas where there is parking, restrooms, etc. that users will start from. These signs provide an overall map and orient users where the trail starts and ends, what connections may be made off of or onto the trail, unique features, key destinations and identify where the user is currently located in relationship to the rest of the trail. •Directional and route guide signs. These signs tell users where to go, how the trail continues and may indicate the next major destination or connection so that users know they are continuing in the correct direction. o Trail identification and warning signs for motorists. These signs are for locations where there is the potential for conflicts between the modes. These should be used when trails cross roadways at-grade, especially in locations where there may be limited or no traffic control devices. Incorporating these types of signage when trails are developed will enable all users of the system to safely navigate their way through the area. 61 ----1•1111111W -11 'i0Tat-4 -K\ritO (*-441011 I L1 1i t 11111 LcM(61 i i•A Signage for On-Road Facilities If the city decides to develop on-road facilities, signage for these facilities needs to be consistent with the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). Consistency with the MMUTCD and guidelines outlined in MnDOT's Bikeway Facility Design Manual should provide motorists and bicyclists with the appropriate information to that they need to navigate facilities that are intended to serve multiple user groups. In general, signage and/or striping for bikeways should only be provided under the following circumstances: o Along routes that are part of the core bikeway system identified and supported by the community. o The routes should be configured properly to safely accommodate bicyclists as proposed (do not sign and/or stripe for a bike lane unless it meets minimum design standards). Priority Areas for Wayfinding The previous sections suggest that wayfinding signage is most needed on trail systems where users may be travelling longer distances, may have numerous turns in direction or connections with other trail or on-road facilities or may be removed or separated from roadways or other locations that can provide users with a sense of place and/or direction. Trail users may also be less familiar with an area (due to the recreational component of most trails) than more advanced cyclists that use on-road facilities for commuting purposes and make the same trip on a regular basis. As such, additional direction through wayfinding signage is needed for users of the trail system. The City of Brooklyn Center has been working with the Three Rivers Park District to provide wayfinding signage along the regional trails within the city to address user needs identified by both agencies and from feedback Three Rivers received from system users. Figure 17 shows the locations of existing signage along the trails. Locations for additional signage have also been suggested and are shown on Figure 17. In general, locations with trail connections, major intersections and trailheads are noted. As more of the system gets developed, additional signage should also be considered as part of the planning and design processes. For example, as more of the trail near the Shingle Creek Crossing mall area is completed it would be important to consider the placement of an additional kiosk or wayfinding map on the southern portion of the site to complement the existing kiosk that is located on the northern portion of the site near the transit hub. There are likely different users of the system going to/through the northern and southern sections of this site. 62 CD Tr'; **een 2 E . .6 c ca iz .-'2.1 50'VI ''''o) u) c = cc) .12 c :EiI-'5 Le.c Ili f= • ',...4,... a, I- o 4) • -a , 13 cs) E a) 0) c ;-.. 2c E •cto o o. ,i1 te o .0) n.0) o5-4la aC Lu In -•... • 1 • 4, k ci„.. ,. 0 ...., Brookl n Center_Redestrian & Bic cle Plan CHAPTER 8: BEST PRACTICES Just as there are best practices and design guidelines associated with developing roadway facilities, there are also best practices and design guidelines associated with developing pedestrian and bicycle facilities. This section of the report identifies best practices that should be considered as projects are developed. Some of the recommendations apply to the system as a whole, while others are targeted to a particular portion (e.g., sidewalk, trail, on-road facility) of the network. The best practices that are specific to particular portions of the network are not intended to be applied in every situation or that one recommendation is always better than another. rations for All Facilities There are some practices that should be considered regardless of the facility type that is being developed. These considerations include eliminating gaps, utilizing the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), conducting studies, wayfinding and lighting. Eliminate Gaps One of the most frustrating challenges for pedestrians and bicyclists is to reach a gap in the system and interrupt their trip, leave them in a location where they are unable to complete their journey without some challenges or require them to reroute significantly out of their way. Systems with a number of gaps in them will reduce the likelihood of users and will create frustration and safety concerns for those willing to use the system. For pedestrians, if the gap is on a city street (local roadway) with low traffic volumes, lower speeds and with opportunities to use the roadway facility, the gap may be overcome by the user. However, on facilities with heavier traffic volumes (collector roadways and above)or higher speeds, a gap in the sidewalk or trail system can be a significant barrier because the user will not feel safe mixing with traffic and may not have anywhere else to go. The City of Brooklyn Center should continue its practice of constructing sidewalks to eliminate gaps on collector roadways and above and as a part of its roadway reconstruction program. Between these two efforts, the sidewalk network will continue to grow and provide more connections to important destinations within the city. When reconstructing roadways, the Pedestrian and Bicycle Plan should be consulted to check for identified gaps in the trail and sidewalks network. Additionally, the city should work with Hennepin County and MnDOT to encourage the completion or construction of pedestrian facilities in conjunction with county and state roadway reconstruction and transitway projects. Coordination with these agencies for sidewalk construction/reconstruction should also occur with regard to new development and redevelopment projects located along or near county and state roadway facilities. The City of Brooklyn Center should continue its practice of identifying and addressing gaps in the trail network as part of its roadway reconstruction program and in its coordination with Hennepin County roadway maintenance and reconstruction projects. It should also continue to work with Three Rivers Park District in constructing gaps in the regional trail network. Efforts in past coordination have been successful — with significant portions of three regional trails being mostly complete and with recommendations for closing those gaps being made. When reconstructing city or county roadways, the Pedestrian and Bicycle Plan should be consulted to check for identified gaps in the trail network. •U11M1111111111rx irFkyr4 r" ii C Finally, considerations for on-road bicycles facilities need to ensure that gaps are not created when making roadway improvements. Failure to have a complete connection with on-road facilities could create a safety problem. At this time it is recommended that additional studies be completed on the routes previously identified for potentially accommodating on-road facilities to determine the appropriate on-road improvement and logical termini. Consult MMUTCD All improvements related to signage, striping and traffic control devices should be reviewed against the current Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). This manual provides the most up-to-date requirements and design practices. If additional information is needed, an additional resource is the federal Manual on Uniform Traffic Control Devices (MUTCD). However, the MMUTCD should be the guiding reference document for improvements. Conduct Studies The improvements identified in this section of the report are best practices. Not all practices should be used in all situations. Some situations favor one type of treatment over another given a set of circumstances. As such, treatments should be evaluated on a case-by-case basis and not just applied because a treatment has been identified as a best practice. Signage and Wayfinding Materials Signage can be helpful to direct pedestrians and cyclists towards popular destinations such as parks, community facilities, transit stations, malls/retail nodes, or other trail connections. Generally signage for wayfinding is used on regional trail facilities and on important city and county trail and/ or sidewalk connections. Signage is generally not used on sidewalks within residential areas on roadways classified as local. Coordination with multiple agencies (Hennepin County, Three Rivers Park District, Metro Transit, etc.) may be needed for regional facilities and for connections to regional destinations. Standards and Guidelines for Signage and Wayfinding Materials O Signage should be consistent so as to be recognized by all users. o Signage should not be placed in such a way as to distract cyclists from focusing on their surroundings. O Signage for trails or along roadways must be consistent with the MMUTCD. o Signage for hazards or advisory warnings must be consistent with the MMUTCD. O Kiosks with maps or historic and/or cultural information can enhance user experience. 65 itc4ittofil(6‘140-coli CtiZIP I MI I lit4 I LS' Other considerations that can assist pedestrians and bicyclists find their way for their trips: o Ensure that trail and sidewalk maps are regularly updated and posted on the city's website. o Provide linkages to the county bicycle map located on Hennepin County's website. o Provide linkages to the Three Rivers Park District website. o Consider providing a downloadable smart phone application with sidewalk and trail information. o Consider map kiosk placement in community parks. o Consider map kiosk placement as part of mall rebranding efforts. o Work with Metro Transit to develop opportunities for signage at park and ride and transit facilities. o Work with Hennepin County and Three Rivers Park District on signage opportunities. Pedestrian-Level Lighting Pedestrian-friendly environments encourage walking and bicycling. Pedestrian-level lighting, street furniture and landscaping all contribute to a pedestrian- and bicycle-friendly environment. While amenities such as lighting, street furniture and landscaping may add to project costs, their contribution to making the community friendlier to pedestrians and bicyclists should not be overlooked, especially in the case of lighting where it adds to a sense of security and safety. The Hennepin County Pedestrian Plan recommends continuing its Roadway Enhancement Partnership Program (REPP). This program is used to enhance the roadside environment on county road corridors. Funding can be used to construct sidewalks, trails, pedestrian lighting, burying of utilities, transit shelters, benches, streetscaping and landscaping. Coordination with the county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects on roadway facilities owned by the county or state. 66 ( ----'—'71111111111.1.111111111111111M im■■=1§martm ual Mull HIM/ Di JIM r Design Standards and Guidelines for Lighting: o Lighting should be downward facing so that sidewalks, trails and roadways (if applicable) are lighted rather than lighting upwards which provides little benefit for users. •Lighting can be used for safety as well as security reasons. O Lighting can be staggered or aligned directly across from each other. Staggering can allow for fewer lights. o More closely spaced lighting fixtures can create a stronger edge along a trail or sidewalk, reinforcing the use of these facilities. o Bigger roadways (wider, more lanes) require different fixtures than narrow streets due to the arc of light. O A photometric analysis should be used to determine the appropriate spacing of light fixtures (given their design/height) to ensure that light is provided where it is needed. Pedestrian Facilities The following are best practices for improving pedestrian sidewalk facilities: ADA Requirements The American with Disability Act has requirements for the slopes, size, crossing placement and other elements of pedestrian facilities. Any new construction and reconstruction of existing facilities should take these requirements into account to ensure that all potential users are able to enjoy the pedestrian network developed by the city. Sidewalks Sidewalks are the basis of the pedestrian network. As noted previously, gaps in the system should be eliminated where possible, but especially in areas where roadways are classified as collector facilities and above and where there are linkages to important community facilities such as schools, parks, etc. Design Standards and Guidelines for Sidewalks: O Minimum width is 5 feet; 6 feet preferred in residential areas. O Minimum width in commercial areas should be wider — 6 to 8 feet to accommodate heavier use. O Maximum cross slope should be 2 percent 67 Curb Extensions Pedestrian bump-outs extend the sidewalk and shorten the distance of crossings. These decrease the amount of time needed to cross at intersections and can help to lower traffic speeds by narrowing the street. Pedestrian bump-outs can be most beneficial at existing intersections with wide crossings. Installation of curb extensions is a proven safety strategy included in the Hennepin County Road Safety Plan. This plan identified corridors with a history of at least one severe pedestrian-vehicle crash between 2005 and 2009 and recommended constructing curb extensions where feasible. One of the roadways identified was Brooklyn Boulevard (CSAH 152). Curb extensions can be done as standalone projects or as part of a roadway reconstruction project. Generally they are constructed on higher-volume roadways such as county and state facilities rather than local city streets. Coordination with the county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects. Design Standards and Guidelines for Curb Extensions •Should not extend into traffic lanes or cut off bike lanes. o Intended for streets with on-street parking or wide shoulders. •Should be visible for oncoming traffic. Median Refuge Islands Median refuge islands provide cyclists and pedestrians a safe zone halfway through an intersection. By providing a safe midpoint while crossing a street, pedestrians and cyclists are only required to focus on one direction of oncoming traffic at a time. This is especially beneficial when crossing wide roads with high traffic volumes and high traffic speeds. Median refuge islands allow pedestrians (and cyclists) cyclists to take advantage of gaps in one direction of traffic which decreases the amount of time waiting to cross. Placing a median refuge island within a roadway can also have a calming effect on traffic. Like curb extensions, refuge medians can be constructed as a standalone project or as part of a roadway reconstruction project. They are also generally constructed on busier roadways owned by the state or the county. Coordination with the county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects. 68 [4:111 Fi 1 I fl 1 Rea fli Design Standards and Guidelines for Median Refuge Islands O Can be applied at signalized or unsignalized intersections. o Minimum width is 6 feet, but 10 feet is desired to allow for cyclists with trailers. O Medians should be raised at least 6 inches. o Shape of the island should conform to the natural vehicle paths. o Must be clearly visible for oncoming vehicles. •Reflective markers around the median are recommended. o Should only occupy the minimum area necessary while providing enough space to serve its purpose. If median refuge islands are placed in locations where bicyclists can or will likely use them, then the city may wish to have a minimum width of 10 feet in order to accommodate bicyclists that have trailers or connect with a second bicycle. Marked Pedestrian Crosswalks This is a marked portion of the roadway indicating use for pedestrians to cross. Striping the roadway at the location of a crosswalk alerts drivers that this is a location where pedestrians may be present and have the right to enter the roadway. If feasible and practical, these locations should be at intersections, where drivers are more likely to be aware of the presence of activity. Mid-block crossings should be avoided if there is an intersection alternative that is close and likely to be used by pedestrians. If mid-block crossings are truly the appropriate location for a crossing, active notification should be considered as part of the design. Design Standards and Guidelines for Crosswalks •May be used at intersections or uncontrolled/mid-block locations. o Marked crossings are especially beneficial for intersections with high levels of vehicle traffic and high speeds. o Crosswalks at midblock locations may be accompanied by active warning systems (options discussed on the following pages) to increase awareness. This should be evaluated on a case-by-case basis. •Should be at least 6 feet in width. •Continental markings or zebra-style are recommended (perpendicular to crosswalk direction). Lines should be 12-24 inches wide and be spaced 12-24 inches apart. 69 etiesan &BicBLoikI n Center •Marked crossings should extend the full width of the crossing. o Appropriate signage warning drivers of crossings may be considered. o Durable materials (rather than paint) should be used when feasible. The more durable materials can last several years versus the one to two years that may be obtained by paint. Leading Pedestrian Interval The leading pedestrian interval feature (LPI) activates the walk sign a few seconds prior to the vehicle light changing to green, giving the pedestrian a chance to get out into the intersection where they may be more visible to right-turning vehicles. Studies have found that the LPI method reduces conflicts for pedestrians. Hennepin County's Road Safety Plan identified the deployment of advance walk/leading pedestrian intervals as a proven strategy for improving pedestrian safety as signalized intersections. Coordination with Hennepin county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects on county and state facilities. Standards and Guidelines for LPI o The FHWA recommends the LPI method be used where older pedestrians may frequently use an intersection. o The leading pedestrian interval should be at least three seconds in duration. o During the LPI, consideration should be given to prohibiting turns across the crosswalk. Pedestrian Crosswalk Safety Systems There are a few options for improving pedestrian safety at uncontrolled intersections. The following systems are pedestrian-activated (meaning a pedestrian has to physically engage the system in order for it to work). O Standard beacons O Perimeter mounted LED lights *Rectangular rapid flashing beacon (RRFB) Of the three alternatives, the use of RRFBs is generally preferred due to their effectiveness and the fact that they provide confirmation to pedestrians via a flashing light on their side of the system. This reassures the pedestrians that the system has been activated. RRFBs are discussed in more detail on the following page. 70 liplifem'orFATirf . .10Am 01111 -M1111.14111 Rectangular Rapid Flashing Beacon Rectangular Rapid Flashing Beacons (RRFBs) are a warning system used at crosswalks that flash a blinking light to oncoming motor vehicles to alert them of pedestrians or cyclists using the crosswalk. These types of systems are used at midblock and un-signalized intersections where warranted to notify drivers to yield to cyclists and pedestrians using the crosswalk. The system is typically activated by pedestrians and cyclists pushing a button but may also be designed to automatically detect users. By requiring pedestrians to activate the system or incorporating detection as part of the design, the system reduces the likelihood of drivers overlooking the beacon. If the beacon is always on — motorists have a tendency to begin to ignore it and not pay attention to see if there are any pedestrians or bicyclists present. Although these systems are not currently in the MMUTCD, RRFBs have received interim approval from FHWA for the optional use as a warning beacon to supplement standard pedestrian crossings or school crossing signs at crosswalks across uncontrolled approaches in Minnesota. RRFBs have been identified as an effective measure in the Hennepin County Road Safety Plan due to their high compliance rates and overall costs. Coordination with Hennepin county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects on county and state facilities. Standards and Guidelines for RRFBs •RRFBs should be installed on the sides of roadways. o Beacons should not be lit unless being used by pedestrians and cyclists to cross the intersection. o RRFBs should not be used at signalized intersections or intersections with a yield or stop sign. If RRFBs are used in locations where bicyclists can or will likely use them, then the city should consider placing them in locations where cyclists can activate them without having to dismount from their bicycle. High-Intensity Activated Crosswalk High-intensity activated crosswalk (HAWK) or hybrid beacons can be used when a street with lower traffic volumes intersects with a major street and a traffic signal is not desired. The hybrid beacon helps pedestrians (and bicyclists) when crossing the major streets. Hybrid beacons consist of an overhead signal over the major street and have two horizontal red lights on top of one yellow light to alert drivers of people using the crosswalk. The HAWK or hybrid beacon is only lit when 71 MIN pedestrians (or bicyclists) activate the system. This reduces the likelihood of drivers overlooking the signal. Drivers tend to ignore traditional pedestrian signals because they are always on and are usually green for the motorists. HAWK signals have been identified as an effective measure in the Hennepin County Road Safety Plan due to their high compliance rates and overall costs. Coordination with Hennepin county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects on county and state facilities. Standards and Guidelines for HAWKs o Typically used when a major street intersects a minor road with low traffic volumes and does not warrant a traffic signal. O The MMUTCD permits the use of hybrid beacons depending on vehicle speed, traffic volume, intersection length, and pedestrian volume. o The MMUTCD provides standards for hybrid beacons including location and height, as well as length of signal phases. O Sight obstructions such as on-street parking should not be permitted within 100 feet in front of a hybrid beacon or 20 feet beyond the marked crossing. O The signal should not be lit unless being used by pedestrians to cross the intersection. o Installation of a HAWK system should be based on meeting one of the signal warrants of Chapter 4C of the MMUTCD and justification through an engineering study. The engineering study should consider major-street volumes, speeds, widths and gaps in conjunction with pedestrian volumes, walking speeds and delay if no warrants are met. Systems should be installed based upon the provisions of Chapters 4D and 4E. LED Signage and In-Roadway Warning Systems Flashing LED stop signs or in-pavement LED markers can be an effective means of alerting vehicles that a pedestrian is using the crosswalk. Systems may use sensors or be activated by the user pushing a button to activate the flashing of the lights. Utilizing LEDs can be an effective way to catch a driver's attention and can be used to provide advance notice of a crossing ahead. They are also beneficial when visibility conditions are poor (e.g., nighttime, poor weather). Flashing in-roadway lights are currently limited to marked uncontrolled crosswalks. Coordination with Hennepin county or MnDOT should be considered as part of larger roadway construction projects or as part of intersection or standalone projects on county and state facilities. Standards and Guidelines for LED Signage and In-Roadway Systems o The MMUTCD regulates design, color, spacing and usage of light sources used for traffic crossings. •Flashing in-roadway lights are currently limited to marked uncontrolled crosswalks. 72 Countdown Pedestrian Signals Countdown timers at signalized intersections display the amount of time pedestrians have available to cross a roadway before the traffic signal changes. The countdown timers and audible/vibrotactile indicators allows users to use their judgment as to whether or not they can safely cross the intersection in the time available. Without timers and/or audible/vibrotactile indicators, pedestrians may enter the intersection believing they have enough time to cross only to have the signal change before reaching the other side. This is especially helpful for wider crossings and benefits those who need more time to cross intersections. Although countdown timers have been shown to increase the number of pedestrians entering the crosswalk after the flashing orange hand starts, they reduce the percentage of pedestrians that do not complete crossing the intersection in time. This is likely due to people speeding up their walk as the timer approaches zero. Countdown timers were included as a proven safety strategy in the Hennepin County Road Safety Plan. The county is currently installing countdown timers as part of a signal retrofit program. This program should be continued and countdown timers should be installed at any remaining signals operated by the county. Standards and Guidelines for Countdown Signals O The MMUTCD requires that any new signal must include a countdown timer unless the pedestrian change interval is seven seconds or less. o Timers must finish their countdown prior to the onset of the signal changing to yellow. o Recommended for longer crossings. o Timers should be designed in accordance with the MMUTCD which regulates size, color, and location of countdown numerals. O Considerations should be made with all new traffic signals and/or reconstructed traffic signals pertaining to accommodations for the deaf and visually impaired by providing both audible and vibrotactile walk indications. Multi-Use Facilities Multi-use trails are popular with recreational bicyclists and pedestrians alike. Bicyclists that are focused on purely commuting/transportation purposes are not as likely to use these facilities because they have a mix of users and those users can block their way through the corridor. Additionally, the more advanced cyclists do not like interruptions (driveways and other interruptions) that require them to slow or stop as compared to on-road facilities. Multi-use facilities generally link to major community destinations such as parks, schools, community centers and popular retail/commercial destinations. The following describe best practices for multiuse facilities: 73 Consult MnDOT's Bikeway Facility Design Manual MnDOT has put together a manual targeted to designing bicycle facilities. The manual provides recommendations and guidelines to improve safety and to provide a consistent facility for users throughout the state. When designing trails and on-road facilities, this manual should be consulted. ADA Requirements The American with Disability Act has requirements for the slopes, size, crossing placement and other elements of pedestrian facilities. As time has passed, many agencies have been incorporating some of the ADA requirements into their recreational trail facilities. Although not required at this time, ADA design standards are an option the city can consider as part of its trail design. Off-Road Trails The existing network of off-road trails in the City of Brooklyn Center provides a safe way for pedestrians and cyclists to get around the community. Off-road trails can be a much more comfortable option than an on-street bike lane for less experienced cyclists because they are separated from motorized vehicles. Multi-use trails provide a great opportunity for children and less experienced cyclists to use non-motorized transportation and feel safe. In many cases, off- road trails are used by multiple types of users such as cyclists, joggers, people on rollerblades, and people walking their dog. This variety can present some safety conflicts and should be anticipated by users. Providing adequate signage can be one way of alerting users of potential conflicts. Hennepin County's Pedestrian Plan highlights the need to continue to coordinate with cities regarding the construction of multiuse trails along county roadways. The city and the county have successfully worked together in the past to identify off-road trail facilities along Brooklyn Boulevard (County Highway 152). As the roadway gets reconstructed, the proposed improvements will be implemented. Hennepin County is in the process of updating its Bicycle Plan and they will be seeking input from Three Rivers Park District and the communities within Hennepin County to identify typical design sections and other design elements. The City of Brooklyn Center should participate in this study and provide input on design and locational elements. This process also provides an opportunity for the three agencies (city, county and Three Rivers) to identify minimum trail standards and widths that could be constructed by any of the agencies so that additional partnering opportunities in the future could occur. In the interim, the following standards and guidelines are recommended. Standards and Guidelines for Off-Road Trails 0 For two-way trails, the minimum width is 10 feet. For trails that experience significant use, 12-14 feet is encouraged. 74 • Bk)okl n Center Pede - le Pla •Center lines should be provided for heavily used trails. o Cautionary signage should be utilized as necessary. o Intersection crossings should be at flat grades. O Off-road paths should not cross roadways in areas where the roadway is not straight. O Trails should be maintained in good condition to avoid potential safety hazards. O If a route experiences significant traffic from a variety of users (cyclists, pedestrians, people on rollerblades, etc.) separate trail facilities should be considered. A 2 foot graded shoulder should be provided on each side of the path in case cyclists drift off the path or need to avoid hazards. o Any signage, poles, trees or other obstructions should be at least 3 feet from the edge of the path. However, signage for cyclists should not be farther than 6 feet from the edge of the path. •Pedestrian-scale lighting should be considered for user safety and security o For routes that receive significant use, separate trails for different users may be necessary. When separate paths are provided, proper signage should indicate which paths are to be used by pedestrians and which should be used by cyclists. Using different paving materials or providing a median between the separate facilities can further reinforce designation for different users. o Separated facilities for cyclists and pedestrians should be considered when peak hour bicycle traffic volumes exceed 100 users per hour or where combined pedestrian and cycle user volume is greater than 2,000 individuals per day. ycle Facilities In some instances, it may be advantageous to provide exclusive facilities for bicyclists. (In general, most city and regional trails are designed to accommodate both the bicyclist and the pedestrian. These trails are discussed in the Multi-Use Facilities section). The more expert bicyclists generally prefer to have on-road facilities. The expert cyclists are comfortable riding with passenger cars, busses and larger trucks. They primarily use the larger roadways which are more likely to provide bicycle facilities such as shoulders, bicycle lanes, etc. Having a system in place for these users is not necessarily the focus of this plan — however, their needs and desires should be considered and evaluated as county and state facilities are updated. Before a decision is made for the use of on-road facilities, traffic volumes, speeds, right of way availability and connectivity to other bicycle facilities (on- or off-road) should be considered. If on-road facilities are considered for use, the following should be evaluated as part of the process in selecting the preferred method of delivering the facility: Consult MnDOT's Bikeway Facility Design Manual 75 MnDOT has put together a manual targeted to designing bicycle facilities. The manual provides recommendations and guidelines to improve safety and to provide a consistent facility for users throughout the state. When designing trails and on-road facilities, this manual should be consulted. Traditional Bike Lanes On-road bike lanes provide designated space exclusively for cyclists and are distinctly separate from motorized vehicle lanes. On-road bike lanes go in one direction, consistent with vehicle traffic and are striped and clearly visible for drivers. Striped bicycle lanes have been shown to have a channeling effect for both drivers and cyclists, and makes cyclists feel more confident that drivers will not drift into their path of travel. Standards and Guidelines for Bike Lanes O Lanes should be of a consistent width. o Bicycle lanes should be 5-6 feet. Bike lanes wider than 6 feet may be misinterpreted as travel lanes or right turn lanes for vehicles. o Bike lanes with a width of 4 feet may be appropriate on some roads with low traffic levels and low speeds. O If adjacent to on-street parking, bike lanes should be setback slightly to provide room for vehicles to open their doors. o On-road bike lanes may be considered on roads that cyclists are most likely to use, such as those that provide the most direct route and connect to popular destinations. Generally, residential roadways have lower traffic volumes and speeds and do not require separate bicycle facilities. Buffered Bike Lanes Numerous techniques exist to shield and separate bike lanes from vehicle traffic which adds actual and perceived safety. This added security helps attract new riders that may not otherwise feel comfortable riding adjacent to traffic. Buffered bike lanes include a painted buffer between the bike lane and travel lanes (minimum of two feet). Buffered bike lanes require additional right of way as compared to traditional bike lanes. Standards and Guidelines for Buffered Bike Lanes O The buffer should be a minimum of 2 feet, with a 5-foot (preferably 6-foot) bike lane. o Larger buffers are recommended on roads with higher vehicle speeds and heavier traffic volumes. Protected Bike Lanes/Cycle Tracks 76 Cycle tracks provide a middle ground between buffered bike lanes and off-road trails as they are considered on-street facilities, but are separated from traffic, parking and the sidewalk. Cycle tracks may be separated by a raised median, bollards, curb or other physical barriers. They offer a path exclusively for cyclists which is usually colored and marked as such. The separation from traffic makes them more appealing to less experienced riders due to the increased perception of safety. Standards and Guidelines for Cycle Tracks o Cycle tracks may be most appropriate along roads with high speeds and high traffic volumes but with fewer intersections. o Cycle tracks should be wide enough to allow cyclists to pass one another (usually 6.5 or 7 feet). •On street parking should be between the cycle tracks and vehicle traffic. o May be one-way or two-way. Two-way traffic requires additional width if passing space is to be provided. •Requires a significant amount of right of way. o Barriers should not limit drivers' visibility of bicyclists. Pavement Treatment — All On-Road Facilities To make on-road bicycle facilities more visible to both cyclists and to motorized vehicles, consideration could be given to coloring the bicycle pavement. Federal rules permit colored pavement on marked bicycle lanes and through intersections. Intersection Treatment — Through Bike Lane and Right-Turn Lane (vehicle) Striping a combination of an advisory bike through lane within a right-turn lane is used to allow vehicles making right turns at upcoming intersections the opportunity to cross over the bike lane into the right-turn lane. This allows cyclists going through an intersection to better position themselves and avoid conflicts with right-turning vehicles. At an intersection, cyclists remain in the bike lane, which is to the left of a right turn lane. It provides a specific location for motorists to safely cross over a bike lane and transition into a right-turn lane. Motorists should always yield to cyclists when crossing a bike lane. Standards and Guidelines for Through/Right-Turn Lanes •Applicable to intersections with right turn lanes. o A dotted line is used to indicate the merging area, which must begin at least 50 feet from the intersection. Beginning the dotted section up to 100 feet before the intersection is recommended on high-speed roadways. 77 78 O Dotted lines to indicate the merge area should be at least 2 feet long and 6 inches wide. O Through bike lanes should not be used at intersections with double right turn lanes. Intersection Treatment - Bike Boxes Bike boxes are a safety feature being installed at intersections that help make cyclists more visible to vehicles stopped at an intersection. Bike boxes are green boxes painted at an intersection that force drivers to stop short of the crosswalk, giving space for cyclists to position themselves ahead of vehicles. Bike boxes are especially helpful at reducing crashes where drivers are making right turns and cyclists are going straight. By grouping cyclists together at the front of an intersection, they tend to move through the intersection more quickly than if they went through one by one. Because cyclists are positioned ahead of vehicles, they also avoid breathing in vehicle fumes while waiting for the signal change. Standards and Guidelines for Bike Boxes •Intended for use at signalized intersections with high left- and right-turn crash rates. o Most applicable on roads with high volumes of cyclists. o Boxes should be 10-16 feet deep. o Prohibits vehicles from making a right-turn on a red. Intersection Treatment - Forward Stop Bar A forward stop bar is a stop bar just for bicyclists in the bicycle lane. It is located closer to the intersection (and often in front of a marked crosswalk) than the stop bar for motorized traffic. By providing a space separate and ahead of motorists, bicyclists are afforded better visibility of cross traffic and traffic can better see cyclists. It also provides cyclists with a few extra feet head start over motorized traffic when the traffic signal turns green. This can be used in place of bike boxes — however, it has less capacity than a bike box. Standards and Guidelines for Forward Stop Bar o Intended for use at signalized intersections with high left- and right-turn crash rates. o Most applicable on roads with lower volumes of cyclists than those selected for bike boxes. O Should be a minimum of 10 feet deep. Intersection Treatment - Intersection Crossing Markings By marking the presence of a bike lane through an intersection, it keeps cyclists in a distinct path and is a visual queue to drivers to be alert of potential cyclists. A marked bike lane through an intersection indicates that cyclists going through an intersection have priority over turning vehicles. It should also increase predictability for drivers for where cyclists will be. Standards and Guidelines for Intersection Crossings Markings O Applicable for most signalized intersections where a bike lane exists. O Most beneficial at complex intersections where paths for cyclists are not well defined. o Markings should remain consistent among all intersections. o A dotted line is typically used to mark a bike lane through an intersection and should be at least 6 inches in width. Intersection Treatment - Median Refuge Islands See Pedestrian Facilities section for specific details. Intersection Treatment - Bicycle Signals Signals specific to cyclists can increase safety by reducing times where conflicting movements may be present between cyclists and motorists. Signals can also be used to give priority to cyclists. For example, a bicycle signal may turn green before a traffic signal to allow cyclists to go through an intersection before permitting right or left turning vehicles. Bicycle signals are used most frequently in conjunction with cycle tracks or at complex intersections involving multi-use trails. Standards and Guidelines for Bicycle Signals The clearance interval should be sufficiently long to allow cyclists to complete their movement before conflicting movements are permitted by vehicles. Signal heads should be located so as to be visible by all approaching cyclists. Include bike signal detection systems such as marked loop detectors, video detection, or push button detections. If using a push button system, ensure that it is placed easily for cyclists to engage from their bicycles. o Restrictions on certain vehicle movements may also be necessary, such as a red right turn arrow while cyclists move straight through the intersection. o A "Bicycle Signal" sign below the signal head is recommended to improve understanding. o Should only be considered in areas with heavy bicycle traffic. 79 M1110111reilingYNNI4tIII CHAPTER -s): IMIFILEMENTATION The recommended system and supporting policies, activities and practices identified to increase walking and bicycling within Brooklyn Center will take time to implement. Not all of the recommended changes/improvements will be able to be implemented in the near term. Some of the recommendations could take years before fully implemented. However, it is important that the plan and its associated recommendations remain in-place so that the city and its partners are prepared to: take advantage of opportunities as they arise, systematically implement recommendations through applying for grants and incorporating programs and projects into department budgets, and to monitor progress in achieving this plan's objectives and goals. rtunities As staff, other agencies and residents become aware of the Brooklyn Center Pedestrian and Bicycle Plan, new opportunities for implementation of the recommendations outlined in Chapter 6 may become available. The synergy that can be generated through regular dialogue, joint programming and working together on studies can expose agencies to additional funding sources, new partners and energized volunteers. Opportunities the city could consider pursuing in the short- to mid-term include: 1.Adopting the Brooklyn Center Pedestrian and Bicycle Plan. Adopting the plan will ensure that the system and recommendations identified will be considered for implementation as funding becomes available and opportunities arise. 2.Incorporate Study, Construction and Maintenance Activities in the Budget. As new budget cycles emerge, include programming specific to sidewalk/trail studies, construction and maintenance. Consider programming a study a year to address system gap and crossing issues identified as part of the plan. 3.Coordinate Internally with Other Departments. Support from other departments will be needed in order to implement the recommendations identified as part of this plan. Specifically, efforts with the planning and the police department will be needed to address zoning issues, safety, education, and outreach efforts. Working together internally to develop and send a consistent message to the public will be important. Internal coordination also allows an opportunity for department resources to be pooled to deliver needed services. 4.Continue to Review the System. The city annually reviews a quarter of its sidewalk and trail systems. Staff should continue these practices to ensure that the system is safe and in usable condition. To enhance existing efforts, a link could be put on the city's website for residents to report problems on the network. 5. Continue to Include Sidewalk Construction as Part of Street Reconstruction Projects. The city already incorporates sidewalk construction as part of its street reconstruction projects. This practice should continue as additional roadways are reconstructed in the future. Additional emphasis on sidewalk construction, the health benefits of walking, city maintenance procedures and the overall sidewalk network may be incorporated into presentations/information provided to residents when it comes time for them to decide on whether or not they want to include sidewalks as part of the project. 80 edestri n &Bic cle_Plan 6.Update Zoning Codes/Ordinances. Review existing zoning codes and ordinances with regard to sidewalk and trail construction, as well as support facilities (bicycle parking, etc.). Consideration for trail and sidewalk facilities should be made for redevelopment and expansion projects so that identified gaps can be addressed as part of construction. 7.Provide Maps of the Existing Sidewalk and Trail Networks. Post a map with existing trails and sidewalks on the city's website. The map should also include the schools, parks and other major destinations. Printed copies of the map could be made available at city hall, the library and the community center. Consider developing an application for smart phones that has the system available. 8.Annually Identify Grants for Potential Projects. The section below identifies a number of funding sources for sidewalk and bicycle construction. The city should annually review grant opportunities against system gaps and/or intersection crossing locations to pursue grants that are a best fit with system needs. 9.Work with Hennepin County on its Bicycle Plan Update. Hennepin County is in the process of updating its Bicycle Plan. This is an opportunity to work with the county and Three Rivers Park District in establishing standards for trail design and support facilities (signage, bicycle parking, etc.). 10. Set up Annual Meetings with Partnering Agencies. Meet annually with Hennepin County, Three Rivers Park District, Metro Transit, MnDOT and other organizations (as appropriate) to discuss sidewalk and trail concerns and opportunities. Topics for discussion could include: •System needs •Upcoming projects (could be roadway, intersection, route changes, etc. that impact sidewalks and trails and/or provide opportunities to address identified issues) o Best practices o Funding opportunities o Education and outreach activities o Study opportunities 81 Funding Sources Local funding resources can be supplemented by funding from regional, state and federal grants. While the grant programs and opportunities may change over time, consideration should be given to apply to programs that will enable the city to eliminate gaps and crossing challenges. Potential grants to consider include: Hennepin County Sidewalk Participation Program This funding can be used to construct sidewalks and crossing improvements such as curb extensions, refuge medians, countdown timers and durable crosswalk markings. Hennepin County will participate at a rate of 25 percent up to a maximum of $50,000. Hennepin County Roadside Enhancement Partnership Program The purpose of this funding is to enhance the roadside environment on county road corridors in communities located within the 1999 Metropolitan Urban Services Area (MUSA). Funding can be used for: sidewalks; trails; undergrounding utilities; installing lighting, transit shelters, benches, streetscape materials, landscaping and vertical elements (bollards/banner poles). Hennepin County will participate anywhere from 25 to 50 percent depending upon the element. This funding is generally used in conjunction with highway reconstruction, but has been available outside of major projects in the past. Hennepin County Bikeway Development Participation The purpose of this program is to assist in the development and implementation of effective bikeway projects. The primary goal is to support and enhance the Hennepin County bikeway network. Projects must be adjacent to a Hennepin County road and must be a designated route on the most current Hennepin County Bicycle transportation System Plan map or Bicycle Gap Study map. Eligible projects include: construction of trails, bike lanes, shoulder widening, bridges, tunnels, etc. Projects are prioritized based on their potential to reduce crashes, project readiness, cost effectiveness, transportation purpose and connections to bicycle trip generators. Additionally, the county will also contribute to feasibility studies to refine the scope of a project and determine the readiness of the project for future funding. Feasibility studies should result in locations ready for design and/or constructions. If successful, projects can apply for infrastructure grants in the future. Hennepin County will participate at a rate up to 50 percent to a maximum of $100,000 for infrastructure projects and a maximum of $20,000 for a feasibility study. 82 Hennepin County Bike Program Discretionary (Gap Program) The purpose of this program is to assist in developing and implementing projects that eliminate gaps in the Hennepin County bikeway system. To be eligible, the project must be a designated gap on the most current Hennepin County Bicycle Gap map. Eligible projects include: construction of trails, bike lanes, shoulder widening, bridges, tunnels, etc. Project design and plan preparation are eligible expenses. Projects are prioritized based on their potential to reduce crashes, project readiness, cost effectiveness, transportation purpose and connections to bicycle trip generators. Hennepin County will participate at a rate up to 50 percent to a maximum of $100,000 for any project. If outside funding is involved, county participation is limited to 50 percent of the local match up to a maximum of $100,000. Transportation Alternatives Program The 2012 federal surface transportation bill, Moving Ahead for Progress in the 21st Century (MAP-21) made provisions for alternative transportation programs, replacing the former Transportation Enhancements programs that existed previously. While the details for MAP-21 programs have not yet been determined, there will likely be funding for trail projects included in the Metropolitan Council's regional solicitation program (competitive program that distributes federal transportation dollars). The city should review the new program guidelines when they become available. It should also be noted that the Safe Routes to School program has been incorporated into the Transportation Alternatives Program. Presently MnDOT and the Metropolitan Council are working together to determine if/how Safe Routes will be integrated into the regional solicitation. The program may be separated from the rest of the regional solicitation activities. Surface Transportation Program (administered by Met Council) MAP-21 will continue to support the surface transportation program, although it will be at lower funding levels than in the past. This program is primarily used for roadway reconstruction, but does allow for construction of trails and sidewalks as part of a larger overall project. The program also supports the construction of independent bikeways (generally used for commuting purposes rather than recreational purposes). Brooklyn Boulevard would be a potential candidate for funding from this program. The grant would allow the vehicular and pedestrian and bicycle improvements identified in the Brooklyn Boulevard study to be implemented. Highway Safety Improvement Program The Highway Safety Improvement Program provides funding to smaller projects that address a targeted safety issue. The funding is administered by MnDOT. Depending upon the year, the program can be used to address safety problems in a proactive or reactive manner. Reactive projects generally include improvements at intersections, especially signalized intersections. Proactive improvements can include countdown timers, median construction, signing and striping, sidewalks, and other smaller-scale improvements designed to improve safety. Funding can support 90 percent of project costs. Minnesota DNR Local Trail Connections Program This program is used to promote relatively short trail connections between residential areas and desirable locations. Up to 75 percent of the total eligible costs up to a maximum of $150,000 are provided by grant. Minnesota DNR Federal Recreational Trail Program The DNR Federal Recreational Trail Program provides up to $150,000 for trail projects (maximum of 75 percent cost participation). Funding categories are prioritized annually prior to the solicitation process. Statewide Health Improvement Program The Statewide Health Improvement Program (SHIP) is part of the Minnesota Department of Health initiatives to improve the overall health of Minnesotans and to decrease obesity rates. Funding for this program has recently been renewed. However, funding goes through community health boards, so the city will need to partner in order to be eligible for funding. Funding can be used for education, encouragement and enforcement strategies. Livable Communities Demonstration Account The Livable Communities Demonstration Account funds innovative development/redevelopment projects that efficiently link housing, jobs, services and transit in an effort to create inspiring and lasting communities. Grants are available to fund basic public infrastructure and site assembly. Projects can vary significantly from one community to the next, but they all provide linkages between multiple uses. Infrastructure, such as sidewalks, trails, benches, bicycle racks, etc. could be incorporated and paid for as part of this grant. However, the projects are generally large- scale in effort and are focused on redevelopment efforts. 84 Brooklyn Center has identified areas where redevelopment is occurring. There may be opportunities to work with developers and the Metropolitan Council to explore options for using funding from this program to support overall redevelopment as well as pedestrian and bicyclist infrastructure. Ongoing Monitoring To ensure that the system is being used and that overall levels of walking and bicycling have increased, it will be important to have ongoing monitoring and tracking of the network. Below is a list of potential performance measures and tracking techniques that could be used. 1.Number of Trail Users. While it is not practical to go out and count the number of people using any one sidewalk or trail on a particular day for the entire network, it is important to have an understanding if the systems are being used. To be most effective, it is recommended that the city partner with Hennepin County and Three Rivers Park District in obtaining information related to pedestrian and bicycle counts on regional trails and county facilities. Additionally, the city could solicit volunteers or hire interns to complete counts on city-owned facilities every few years. Supporting information could also come from Safe Routes to School activities and surveys. 2.Miles of Trail Constructed/Reconstructed. The city can track the length of trails (city and regional) constructed on an annual basis. Numbers could be reported every three to five years to show progress. 3.Number of Gaps Addressed. Public works/engineering can track the number of gaps identified in the system map that have been addressed. Numbers could be reported every three to five years. This tracking can be used to help the city council understand where targeted dollars for construction activities have been applied. 4.Number of Crossings Addressed. Public works/engineering can track the number of intersection and/or mid-block crossings that have been improved. Numbers could be reported every three to five years. 5.Number of Snow Events. Public works can track the number of snow events that have required city crews to clear snow from sidewalks. Tracking the number of events enables residents and council members to understand the level of effort required to keep sidewalks passable/usable and the importance of this service. 6.Number of Sidewalk/Trail Segments Fixed. The city regularly maintains its system. It should note the length or segments of sidewalk and trail that are repaired annually. If the city decides to include an opportunity for residents to report problems with trails or sidewalks on its website or through telephone calls, the number of requests responded to and/or addressed could also be tracked. 7. Incorporate Applicable Reporting from Hennepin County Pedestrian Plan. The Hennepin County Pedestrian Plan has identified a number of county-wide performance measures related to health that could be included in reporting by the city. While not specific to Brooklyn Center, it gives an overall indication of resident health that is easier to track. 85 8.Incorporate Applicable Reporting from Hennepin County Bicycle Plan. The Hennepin County Bicycle Plan (to be updated in 2014) will include performance measures. There may be opportunities for the city to include these measures as part of their reporting. 9.Grants. The city should track and monitor the grants that it applies for and its success rate. This may help to focus efforts on which grants to apply for depending upon project type. 86 APPENDICES: Appendix A - Crossings at Shingle Creek Summary Appendix B - Surveys Appendix C - Survey Summary -pendix D - Press Releases 87 gAE:qEg S.2 .5 ,a0 8 -g2f2w 0- E •E W2:1 9 ?t.:9A2§ mE E82?, 05000 9.--zs o E s-s E E g),E °Rt&812.LE.EmaL5 9>9 OS)' -88g8=2B.00EMOP'E-ERO:f E g 2-0 E7 T Emh DS ilee) al-,w5c85 :gil2kg2T, • • 0%) p`r.•:,•W-)7_,IAI*14V.":117 ,-"Frr,f5024, " S 8 "5.-0E ;!,5 171 .'•5 E = o 2 EL 2 -2 I 5 E :g = "L)g .,C2 5 2930 - „ c 0 E 8:6 Iv to 2, 'E E-5 e,0cc 022E - a .-tg-rel.,2 01.LE4.E.Ls.w .3 -ggv07,,_ a ,a 16' ‘2' E. EU-07in-76 K 0 - 9 m2 2 =.9. c° ea" 2 E-8 0-- 8Eco.._,0 1.-4 zr,EEPy,.g,t.'8E2E,E222,-'222FT.E',7;,-020 , -8 -9- 2 2 E. E S'.`.3t-E5e2ti.E>o°P,.-2 E 8.5529 55 E 58-0 '-555z.5 8.5)200 0 • . 8 tu03 —2. g•,, if,a2kicc.4 •'5) 2 .,gLu EC" -.l OmWaO • .2 8 8;10 5.5.5 z>•• -2 E '''...1 2103YOE--.9. g, O 3 V -E_cCCO 1"isio •2.2 nZ14.1 t-,'iio•‹E'a -gi__.z bFg-LO So0Ill'E E'eg,CC2 32 gtEE21-'6 .-g •=53 72 '8 E 5 WAN Ii1;;E • ?"".4A1 -2g 'Nffl,T,E79I6 t Ts ,2 2:2-`;,?;cs .8 E-'5-5 E 0 0)0.55 s _ 2 2g'6EE t (DE 2 .8:-6 E 8 3 l'acn '11111111111111111111E Appendix B — Surveys Survey Questions We want to make Brooklyn Center a fun place to live, work and play and one way to do that is to make the city a great place for walking and biking! This survey is part of a project to develop a Pedestrian and Bicycle Plan for the City of Brooklyn Center to help the city become a more bike-friendly and walkable community. By responding to the following questions, you will help us understand your ideas and concerns about walking and bicycling in Brooklyn Center. Your responses will be kept confidential. Thank you for participating! General Activity 1. What do you like to do most to be active? Please list your top three choices. 1. 2. 3. Walking in Brooklyn Center 2. During the summer months, how often do you walk in or around Brooklyn Center? D Never O Less than 1 time a week O 1 to 2 times a week El More than 2 times a week, but not every day O Every day 3.1 mainly walk to (check one): ID Have fun ID Exercise O Go places instead of driving a car El Get to work O Other [open ended O I don't walk. 4. What places do you walk to in or around Brooklyn Center? Please list up to your top 3 places. 1. 2. 3. 5. What would help you to walk to places in or around Brooklyn Center more often? For Example, is there a specific location that does not have sidewalk or trail facilities that enable you to get where you want? Is there a roadway that you are afraid to cross? 90 Dit3 I 111111f4 uri LUIS, Sojkitsuarrn Peb xav ua kom Brooklyn Center yog ib lub nroog nyob lomzem, zoo ua haujlwm thiab uasi. lb txoj key uas yuav ua tau Ii no yog yuavtsum ua kom lub nroog muaj key taug kotaw uasi thiab caij tsheb ob lub log! Daim ntawv sojntsuam no yog ib feem ntawm txoj key npaj los tsim Key Rau neeg Taug Kotaw thiab CaijTsheb Ob Lub Log rau lub nroog Brooklyn Center kom pab lub nroog dhau mus ua tau lub zejzog uas tsis muaj key ntshais taug kotaw thiab caij tsheb ob lub log. Thaum teb coy lus nug hauv qab, koj yuav pab peb totaub koj coy tswvyim thiab tej key txhawj txog key taug kotaw mus los thiab key caij tsheb ob lub log nyob nroog Brooklyn Center. Koj coy lus teb peb yuav ceev tsis muab qhia rau leej twg. Ua koj tsaug uas pab koomtes! Kev Taug Kotaw nyob Brooklyn Center 1. Yam dabtsis koj nyiam ua tshaj hais txog key pab rau koj kom nyob keeg hlo tsis muaj mob nkeeg? Thov sau koj peb yam uas koj xaiv ties zoo tshaaj. 1. 2. 3. 2. Sijhawm coy hli nyob lub caij ntuj so, koj mus taug kotaw ncig Brooklyn Center npaum cas? ▪Tsis taug mus kiag 1:1 Tsawg tshaj ib zaug ib asthiv ID 1 rau 2 zaug ib asthiv O Ntau tshaj 2 zaug ib asthiv, tiamsis tsis yog txhua hnub O Txhua txhia hnub 3. Feem ntau, thaum kuv taug kotaw, yog kuv taug key mus (ko ib qho): O Ncig uasi lomzem o Ua esxawsxais (exercise) o Rau lwm qhov chaw,tsis xav tsav tsheb O Ua haujlwm EJ Lwm qhov/yam •Kuv tsis mus taug key kotaw 4. Qhov chawtwg yog chew uas koj nyiam mus taug kotaw nyob hauv lossis nyob ib ncig Brooklyn Center? Thov sau txog Ii 3 qhov chaw uas koj nyiam mus taug kotawtshaj. 1. 2. 3. 5. Yuav ua cas pab (pab dabtsis?) koj thiaj yuav mus taug kotaw lossis taug kotaw mus rau tej chaw nyob hauv lossis nyob ib ncig Brooklyn Center heev tsis tseg tsis tu? Pivsam Ii, puas muaj ib qhov chew twg uas tsis muaj sab key taug kotaw lossis txoj lw taug key uas koj xav tau kom mus tau rau qhov chaw koj xav mus? Puas muaj txoj key tsheb twg uas koj tshai hla? 93 6. Yuav ua cas pab (pab dabtsis?) koj thiaj mus txog rau koj qhov chew mus? Pivsam Ii, koj puas xav tau korn muaj daim paib qhia key pab kom koj paub ties koj nyob qhov twg lossis ties txoj lw taug mus rau twg? 7. Nyob hauv lossis nyob ib ncig Brooklyn Center, qhov chew twg yog qhov uas koj xav kom tau key mus kotaw taug mus yoojyim?Thoy sau txog li 3 qhov chew mus. 1. 2. 3. Key Caij Tsheb Ob Lub Log nyob Brooklyn Center 8. Sijhawm caij ntuj so, koj caij tsheb ob lub log nyob hauv lossis nyob ib ncig Brooklyn Center heev npaum cas? O Tsis caij kiag •Tsawg tshaj ib zaug ib asthiv O 1 rau 2 zaug ib asthiv O Ntau tshaj 2 zaug ib asthiv, tiamsis tsis yog txhua hnub •Txhua txhia hnub 9. Feem ntau,thaum kuv caij tsheb ob lub log, yog kuv mus (ko ib qho): O Ncig uasi lomzem O Ua esxawsxais (exercise) O Rau lwm qhov chaw, tsis xav tsav tsheb o Ua haujlwm o Lwm q h ov/ya m o Kuv tsis caij tsheb o blub log 10. Qhov chew twg yog chew uas koj nyiam mus caij tsheb ob lub log nyob hauv lossis nyob ibncig Brooklyn Center? Thov sau txog Ii 3 qhov chew uas koj nyiam mus tshaj. 1. 2. 3. 11.Yuay ua cas pab (pab dabtsis?) koj thiaj yuav caij tsheb ob lub log mus rau tej chew nyob hauv lossis nyob ib ncig Brooklyn Center heev tsis tseg tsis tu? Pivsam Ii, puas muaj ib qhov chew twg uas tsis muaj tsev so raws txoj lw taug key uas yuav pab tau kom koj mus txog qhov chew koj xav mus? Puas muaj txoj key tsheb uas nyuab hla losis ntu key tshuam uas nyuab rau caij tsheb o blub log? 94 12.Yuav ua cas pab (pab dabtsis?) koj thiaj mus txog rau koj qhov chaw mus? Pivsam Ii, koj puas xav tau kom muaj daim paib qhia key pab kom koj paub tias koj nyob qhov twg lossis tias txoj lw taug/sab key taug mus rau twg? 13.Nyob hauy lossis nyob ib ncig Brooklyn Center, qhov chaw twg yog qhov uas koj xav kom tau key caij tsheb ob lub log mus los yoojyim? Thov sau txog Ii 3 qhov chaw mus. 1. 2. 3. Lwm Yam Lus Xa Hais Ntxiv 14.Thov sau yog muaj lwm yam ntxiv lossis tswvyim uas koj xav tias yuav pab txhawb key taug kotaw lossis caij tsheb ob lub los nyob hauv Brooklyn Center. Nyob ntawm nyiam, teb los tau, tsis teb los tsis ua cas Daim ntawv ua thawj zaug txog Key Npaj Key Taug Kotaw thiab CaijTsheb Ob Lub Log hauv Nroog Brooklyn Center yuav tiav pub rau sawydaws sijhawm xaus caij ntuj soy 2013. Yog koj xav koomtes mus ntxiv lossis xav nov ntxiv txog qhov key tshawb xyuas, thov muab koj npe thiab email lossis chaw nyob.. Npe Email Chaw Nyob Street City State Zip Ua tsaug mu koj lub sijhawm thiab key pab kom Brooklyn Center yog lub chow zoo taug kotaw thiab coil tsheb ob lub log! This survey is also available online through July 1, 2013. www.surveymonIcey.com/s/BCPedBikeStudy -or- Submit this survey via mail to: Zan Associates 105 5th Ave. 5, Suite 490 Minneapolis, MN 55401 For more information or questions about the study: Steve Lillehaug City of Brooklyn Center (763) 569-3340 publicworks@ci.brooklyn-center.mn.us 95 LR1311 11 F11111r 4111 4V1 1 Preguntas de la encuesta Deseamos hacer de Brooklyn Center un ugar divertido para vivir, trabajar y jugar y, una manera de hacerlo es convertir a la ciudad en un lugar genial para caminar y andar en bicicleta. Esta encuesta es parte de un proyecto para desarrollar un Plan de Brooklyn Center para Ciclistas y Peatones para la Ciudad, a fin de ayudar a que esta se tome en una comunidad donde se pueda caminar y andar en bicicleta sin problemas. Al responder a las siguientes preguntas, usted nos ayudara a entender sus ideas y lo que le preocupa acerca de caminar y andar en bicicleta en Brooklyn Center. Mantendremos sus respuestas en forma confidencial. iGracias por participar! Actividad General 1. zQue le gusta hacer para estar activo(a)? Por favor enumere las tres cosas que mas le gustan. 1. 2. 3. Caminar en Brooklyn Center 2. Durante los meses de verano, icon que frecuencia camina en Brooklyn Center o en sus alrededores? O Nunca o Mendos de 1 vez por semana O De la 2 veces por semana o Mas de 2 veces por semana, pero no todos los dias O Todos los dias 3. Camino principalmente para: (marque una opciOn): EJ Divertirme o Hacer ejercicio 1:1 Visitar lugares en vez de ir en automOvil o Ir al trabajo o Otro ID No camino. 4. Por qua lugares camina usted en Brooklyn Center o en sus alrededores? Por favor, enumere los 3 lugares que le gustan mas. 1. 2. 3. 5. IQue seria lo que le ayudaria a caminar mas seguido hacia lugares que ester' en Brooklyn Center o en sus alréde domes? Por ejemplo, ihay algdn lugar en especial, que no tenga aceras o sendas que le permitan Ilegar adonde desea? LHay algin camino que usted tema cruzar? 11■111111111IMILE - 96 64Que seria lo que le ayudaria para Ilegar a su destino? Por ejemplo, tnecesita carteles que le ayuden a saber &wide esta o hacia clOnde van as sendas/aceras? 7. En que lugares de Brooklyn Center o de sus alrededores desearia caminar con mayor facilidad? Per favor, enumere hasta 3 destinos. 1. 2. 3. Andar en bicicleta por Brooklyn Center 8. Durante los meses de verano, icon que frecuencia anda usted en bicicleta en Brooklyn Center o en sus alrededores? o Nunca fl Menos de 1 vez por semana Ej De la 2 veces por semana O Mas de 2 veces per semana, pero no todos los dias El Todos los dias 9. Ando en bicicleta principalmente para: (marque una opciOn): IJ Divertirme o Hacer ejercicio El Visitar lugares en vez de ir en autornOvil o Ir al trabajo O Otro ▪No ando en bicicleta. 10. gn que lugares de Brooklyn Center o de sus alrededores anda usted en bicicleta? Por favor enumere los 3 lugares que mas le gustan. 1. 2. 3. 11. zQue seria lo que le ayudaria a ir en bicicleta con mayor frecuencia, hacia lugares de Brooklyn Center o sus alrededores? Per ejemplo, ihay algén lugar en especial quo no tenga sendas que le permitan ir adonde usted desea? LHay algUn camino- que sea dificil de cruzar o una intersecciOn donde sea peligroso andar en bicicleta? 97 12.i.Que serla lo que le ayudaria para Ilegar a su destino? Por ejemplo,i.necesita carteles que le ayuden a saber dOnde esta o hacia d6nde van las sendas/aceras? 13.LEn que lugares de Brooklyn Center o de sus alrededores desearla que se pudiera andar en bicicleta con mayor facilidad? Por favor, enumere 3 destinos. 1. 2. 3. Comentarios adicionales 14. Por favor, brinde cualquier otra informaciOn o idea que usted piense que mejoraria el hecho de caminar o andar en bidi cleta en Brooklyn Center: Opcional El borrador del Plan de Brooklyn Center para Ciclistas y Peatones para la Ciudad estara a su disposiciOn a fines del verano de 2013. Si desea continuar involucrado en este proceso y saber mas cosas sobre el estudio, sirvase indicar una direcciOn de correo elec- trOnico o una direcciOn residencial. Nom bre Correo Electronico DirecciOn Residencial Street City State Zip iGracias por su tiempo de ayuda para hacer de Brooklyn Center un lugar genial para cominar y andar en bicicleta! This survey is also available online through July 1, 2013. www.surveymonkey.com/s/BCPedBikeStudy -or- Submit this survey via mail to: Zan Associates 105 5th Ave. S, Suite 490 Minneapolis, MN 55401 For more information or questions about the study: Steve Lillehaug City of Brooklyn Center (763) 569-3340 publicworks@ci.brooklyn-center.mn.us 98 e 11111111W41 MIN DI WI APPENDIX C - SURVEY SUMMARY Survey Summary Pedestrian and Bicycle Han for the City of Bro O klyn Center The survey for the Brooklyn Center Pedestrian and Bicycle Plan consisted of 13 questions related to walking and biking in the city, with an opportunity for additional comments at the end. The survey was open and available for several months and publicized via news releases and website updates, at events and displays at public locations, and through local community members. A total of 165 people completed the survey; a general summary of the responses to each question is below. Walking in Brooklyn Center 1. What do you like to do most to be active? Please list your top three choices. Frequent responses included: o Walk/Run O Bike o Team sports (soccer, basketball, etc.) o Go to the gym (weight lifting, fitness classes) o Rollerblade O Swim o Golf o Go to the park O Yard work 2. During the summer months, how often do you walk in or around Brooklyn Center? -Never Less than 1 time a week 1 to 2 times a week More than 2 times a week, but not every day Every day Response results: Never Leon than 1 tin-e week NM 1 to 2 tirres week More than 2 tin'es week, hut rot every dayr= Ever; day 99 :Allr-cc-,i--fii(-4=11 !IRAL1L1N 11111 Irl I1 DV 3. I mainly walk to (check one): -Have fun 1 -Exercise -Go places instead of driving a car -Get to work -Other [open ended] -I don't walk Response results: Have fun Exercise Go pines irsteEd of CrIVIEZ; E cEr MIPS Get to work rMtt I .don't walk. 4. What places do you walk to in or around Brooklyn Center? Please list up to your top 3 places. Frequent responses included: •Local parks (Grandview Park, Central Park, Palmer Lake Park, Centennial Park, Evergreen Park) o Around one's neighborhood o Community Center o Local libraries o Local gas stations o Mississippi River Walk o Large retail/grocery stores (Walmart, Target, Cub Foods) o 100Fast food locations (Subway, Cherry Berry, Culver's) -.- 5. What would help you to walk to places in or around Brooklyn Center more often? For example, is there a specific location that does not have sidewalk or trail facilities that enable you to get to where you want? Is there a roadway that you are afraid to cross? [open ended] Frequent responses/themes included: •Improving intersections and roadways that are difficult/uncomfortable to walk along/across: o Shingle Creek Pkwy/Earle Brown Drive o 73rd Avenue N. from Camden to Dupont Ave o Drew Ave from 67th Ave N. to 65thAve N. o Hwy 252 o Brooklyn Blvd o Bass Lake Road o Adding more lights for safety (on trails as well as local streets) o Adding 'watchdog' cameras at identified dangerous intersections •Extend the trail from the Sears parking lot north O Add sidewalks to local streets and residential areas o Add pavement markings to trails to designate which direction people should be walking/biking •Widen paths to allow room for both pedestrians and bicyclists •Raise trails vertically to avoid flooding near the lakes o Better snow/ice removal on trails and sidewalks •Work with local businesses to promote ability of employees to walk during breaks 6. What would help you get to your destination? For example, do you need signs to help you figure out where you are or where trails/sidewalks go to? [open ended] Frequent responses/themes included: o Additional trails/sidewalks •Maps along trails •Additional directional signage along trails, particularly at trail intersections o Directional signs to major destinations o Mobile app for city trails o Distance markers along trails o Pedestrian bridges over busy/dangerous intersections 7. Which places in or around Brooklyn Center do you wish you could walk to more easily? Please list up to 3 destinations. Frequent responses included: •Local parks (Grandview Park, Central Park, Palmer Lake Park, Centennial Park, Evergreen Park) o Community Center •Movie theater O Local libraries o Local gas stations o Large retail/grocery stores (Walmart, Target, Cub Foods) o Fast food locations (Subway) 101 Bicycling in Brooklyn Center 8. During the summer months, how often do you bike in or around Brooklyn Center? -Never -Less than 1 time a week -1 to 2 times a week -More than 2 times a week, but not every day -Every day Response results: li• Never .M5 Less than 1 time a week NM 1 to 2 times a More than 2 tin-es a r"--- week. but rot ever;day C-A Ever; day 102 Brooklyn Center n Bicyclair 9. I mainly bike to (check one): Have fun Exercise Go places instead of driving a car Get to work Other [open ended] -I don't bike Response results: OW Have fun Exercise Go places instead " of drivina a car MI Get to work Oat I don't bike 10. What places do you bike to in or around Brooklyn Center? Please list up to your top 3 places, Frequent responses included: o Local parks (Grandview Park, Central Park, Palmer Lake Park, Centennial Park, Evergreen Park) o Around one's neighborhood o Community Center o Local libraries o Local gas stations o Mississippi River Walk o Large retail/grocery stores (Walmart, Target, Cub Foods) o Fast food locations o Coon Rapids Dam o Local schools 103 Edestrian INR1WHU 11. What would help you to bike to places in or around Brooklyn Center more often? For example, is there a specific location that does not have trail facilities that enable you to get to where you want? Is there a roadway that is hard to cross or an intersection where it is challenging to ride a bike? [open ended] Frequent responses/themes included: O Additional trails and trail connections o Additional bike racks at popular destinations •Wider trails that accommodate both bicyclists and pedestrians o Make busy intersections easier/safer to cross O Smoother trail surfaces 12. What would help you get to your destination? For example, do you need signs to help you figure out where you are or where trails/sidewalks go to? [open ended] Frequent responses/themes included: o Additional maps along trails o Additional directional signage o Additional trails, particularly near popular destinations •Signs to warn motorists of pedestrian/bicycle crossings 13. Which places in or around Brooklyn Center do you wish you could bike to more easily? Please list up to 3 destinations. Frequent responses included: •Movie theater •Local schools o Local parks (Grandview Park, Central Park, Palmer Lake Park, Centennial Park, Evergreen Park) o Brookdale Center o Local libraries o Large retail/grocery stores (Walmart, Target, Cub Foods) Additional Comments 14. Please provide any additional information or ideas that you think could help increase walking or biking in Brooklyn Center: [open ended] Response themes included: O Desire for bike rental program (such as Nice Ride) o Reiteration of desire for more trails and sidewalks in general o Desire for audible crosswalk indicators o Desire for longer crossing times at busy intersections o Desire for safety improvements—more lighting, pavement markings o More enforcement of traffic laws o Educational campaigns needed for motorists and bicyclists o Organize more biking/walking events O Improve maintenance of trails (snow/ice and trash removal, etc.) 104 APPENDIX I PRESS RELEASES FOR IMMEDIATE RELEASE April 30, 2013 (Brooklyn Center, MN) ONGOING STUDY HOPES TO HELP INCREASE BIKING AND WALKING IN BROOKLN CENTER Hennepin County and the City of Brooklyn Center are working together to conduct a pedestrian and bicycle study. This study is identifying different methods to increase biking and walking in Brooklyn Center. The primary goals of this study are to improve the health of residents, increase the safety of biking and walking in the community, and increase overall biking and walking. The pedestrian and bicycle study is gathering input from Brooklyn Center residents to help identify existing conditions, where people walk and bike, safety concerns, and gaps in the current sidewalk and trail facilities. The information collected will be used to develop a Pedestrian and Bicycle Plan for the City of Brooklyn Center that will include recommendations for improving biking and walking throughout the city. An online survey is available to gather public input through July 1, 2013. All residents are encouraged to participate by taking the survey at: www.surveyrnonkey.com/s/BCPedBikeStudy . A hardy copy of the survey and translated surveys in Hmong and Spanish are available upon request. For more information and questions on the study or to request a hardcopy or translated survey, contact Steven Lillehaug, City of Brooklyn Center Director of Public Works: 763-569-3340 publicworks@ci.brooklyn-center.mn.us 105 . U10 rU%- 8 A f cltiLWILP1111 FOR IMMEDIATE RELEASE June 17, 2013 (Brooklyn Center, MN) PUBLIC SURVEY FOR BROOKLYN CENTER PEDESTRIAN AND BICYCLE PLAN ENDS JULY 1 The online survey for the Brooklyn Center Pedestrian and Bicycle Plan will end July 1, 2013. All residents are encouraged to participate by taking the survey at: www.surveymonkey.com/s/BCPedBikeStudy . A hardy copy of the survey and translated surveys in Hmong and Spanish are available upon request. The survey is part of ongoing outreach efforts by Hennepin County and the City of Brooklyn Center to conduct a pedestrian and bicycle plan. This plan is identifying different methods to increase biking and walking in Brooklyn Center. The primary goals of this plan are to improve the health of residents, increase the safety of biking and walking in the community, and increase overall biking and walking. The pedestrian and bicycle survey will assist in gathering input from Brooklyn Center residents to help identify existing conditions, where people walk and bike, safety concerns, and gaps in the current sidewalk and trail facilities. For more information and questions on the study or to request a hardcopy or translated survey, contact Steven Lillehaug, City of Brooklyn Center Director of Public Works: 763-569-3340 publicworks@ci.brooklyn-center.mn.us 106 T City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: March 18, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street and Utility Improvements Recommendation: It is recommended that the City Council approves the resolution establishing Improvement Project Nos. 2015-01, 02,03 and 048, Freeway Park Area Street and Utility Improvements. Background: In 2015, the City will be entering the 22 nd year of its long-range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure. This program has included the reconstruction of public streets, replacement of deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic control improvement. In accordance with the City's Capital Improvements Plan (CIP), the areas referred to as the Freeway Park Area and Freeway Boulevard (west of Xerxes Ave N) are programmed for improvements in 2015 (see attached maps for specific street locations). Due to the close proximity of these projects to each other, these two projects are proposed to be constructed jointly under one contract to reduce redundancies and staff time. The combined project will be called the Freeway Park Area Street and Utility Improvements. At this time, staff requests that the City Council establish this street and utility improvement project so investigative engineering work may begin. The Freeway Park Area Street and Utility Improvements project area consists of approximately 2.8 miles of streets and utilities. The area consists of approximately 207 residential properties, 4 multi-family properties and 2 commercial properties. The project is expected to include approximately 50% replacement of the existing sanitary sewer, complete replacement of the existing water main, and replacement of a majority of the storm drainage systems in the Freeway Park portion of project area. The project is also expected to include full depth pavement replacement on Freeway Boulevard with spot repairs to the existing curb, sidewalk, and storm sewer structures. - Mission: Ensuring an attractive, clean, safe, inclusive community Mat enhances the quality of life fr people and preserves the public COUNCIL ITEM MEMORANDUM Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments, and soil/geotechnical investigations. Upon authorization by the City Council, the following actions would take place: Collect data, including field surveys, review traffic counts and review maintenance records. Evaluate project in accordance with the City's Complete Streets Policy Conduct storm sewer system and water main distribution system analyses. •Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. •Conduct a public informational meeting in the fall of 2014 to present initial findings to the neighborhood and to gauge public interest in the improvement project. •Prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. To date, the City has completed 81.5 miles of local street and utility reconstruction since initiating the Neighborhood Street and Utility Improvement Program. This represents approximately 77% percent of the total local roadways within Brooklyn Center. Budget Issues: The Freeway Park Area Street and Utility Improvements project is identified in the City's Capital Improvement Program with a preliminary project cost estimate of $6,555,000. The estimated cost for preliminary field work, preparation of a project feasibility report and design is $229,000. Strategic Priorities: •Vibrant Neighborhoods „ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies specific streets for proposed infrastructure improvements in 2015; and WHEREAS, the City Council has reviewed the scope of proposed improvements for the Freeway Park Area; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street and Utility Improvements are hereby established. 2.Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall prepare a project feasibility report for review by the City Council in the fall of 2014. 4.Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Preliminary Design and Plan Prep.$155,000 Televising $ 5,000 Field Survey $ 15,000 Geotechnical Investigation $ 18,000 Storm Sewer system analysis $ 28,000 Watermain system analyses $ 8,000 Estimated Costs Total $229,000 RESOLUTION NO. REVENUES AMOUNT Sanitary Sewer Utility Fund $ 50,500 Water Utility Fund $ 64,000 Storm Sewer Utility Fund $ 50,500 Street Reconstruction Fund $ 64,000 Estimated Revenues Total $229,000 March 24, 2014 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. Freeway Park Area Improvements The Freeway Park project area extends from Grimes Ave to Xerxes Ave and from 69t1 to Interstate 94. The project area includes a total of approximately 13,859 feet of local streets. The neighborhood consists of approximately 207 residential properties and one multi-family property. Streets The majority of the streets in the project area were originally constructed between 1967 and 1968 with the exception of the 69 th Avenue Service Road. Existing streets are generally 30 feet wide with no curb and gutter. Poor surface drainage and low stability subgrade material has resulted in deteriorated pavement throughout the neighborhood. The 69 th Avenue service road was reconstructed in 1993. The road is 30 feet wide with concrete curb and gutter. In all areas with pavement older than 1993, proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. On the 69 th Avenue Service Road, proposed street improvements include approximately 20 percent curb replacement and full depth pavement replacement. Water main Existing water main in the Freeway Park area consists of 6-inch and 16-inch diameter cast iron pipe installed between 1956 and 1960, and 16-inch diameter ductile iron pipe (DIP) installed in 1993. Existing water main along France Avenue consists of 16-inch cast iron pipe installed in 1956. This water main is trunk feeder from Water Tower No. 1 on the corner of 69 th Avenue and France Avenue. Higher corrosion rates have been noted within a majority of the project area. Water records indicate thirteen main breaks have occurred within the area. The current cost estimate assumes complete water main replacement in the project area except within the 69 t1 Avenue Service Road. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch diameter vitrified clay pipe originally installed between 1956 and 1961. A sanitary sewer trunk line consisting of 21-inch diameter corrugated metal pipe runs along Ewing Avenue, 68 th Avenue and Drew Avenue. A cured-in-place liner was installed along the 21-inch diameter trunk sanitary sewer as part of project 1995-11. This portion of the sanitary sewer collection system is not proposed to be replaced with the project. Approximately 50 percent of the remaining sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. At least 50 percent of the sewer system is in poor condition. The current cost estimate assumes replacement of the 8-inch diameter sanitary sewer pipes and access structures and cured-in-place lining of the sanitary sewer on the 69 th Avenue Service Road. Storm Sewer The Freeway Park improvement area consists of small diameter storm sewer lines draining to 69 t1 Avenue and Interstate 94. The existing storm sewer ranges in size from 12-inch to 21-inch diameter reinforced concrete pipe. The current cost estimate assumes replacement of the storm sewer in the improvement area to increase conveyance capacity and minimize local flooding during larger storm events. Street Lighting The existing street light system is overhead power, with wood poles and a cobra head light fixture. The current cost estimate includes replacing the 18 wood poles with 18 fiberglass poles with a decorative rectilinear fixture and underground power. Project Summaries Page I 15 2014-2028 Capital Improvement Program V • Freeway Blvd Improvements (West of Xerxes Avenue) The Freeway Blvd project area extends from Shingle Creek Pkwy on the north and Xerxes Avenue on the east. The project area contains a total of 1,073 linear feet of local streets. The neighborhood consists of three multi-family residential properties (R3) and two commercial zoned properties (Cl). Streets This section of Freeway Blvd was originally constructed in 1981. The existing street is 32 feet wide with concrete curb and gutter. The street pavement exhibits a moderate rate of deterioration. The current cost estimate assumes street improvements that consist of approximately 30 percent curb replacement, 10 percent sidewalk replacement, and full depth pavement replacement. Water main There is no water main in the Freeway Blvd project area. Sanitary Sewer There is no sanitary sewer in the Freeway Blvd project area. 1 Storm Sewer The storm sewer on Freeway Blvd consists of 12-inch to 24-inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1981. The current project cost estimate includes replacing structure castings and isolated pipe laterals as necessary within the project area. Street Lighting The current cost estimate includes replacing the 2 wood poles with 2 fiberglass poles with a decorative rectilinear fixture and underground power. Project Summaries Page 14 2014-2028 Capital Improvement Program City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: March 18, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: ResolutionResolution Establishing Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue North Street and Utility Improvements Recommendation: It is recommended that the City Council approve the resolution establishing Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue North Street and Utility Improvements. Background: In 2015, the City will be entering the 22 11d year of its long-range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure. This program has included the reconstruction of public streets, replacement of deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and drainage facilities. In addition; other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic control improvement. In accordance with the City's Capital Improvements Plan (CIP), an area referred to as the 63rd Avenue North (west of Brooklyn Boulevard) is programmed for improvements in 2015 (see attached map for specific street location). At this time, staff requests that the City Council establish this street and utility improvement project so investigative engineering work may begin. The 63rd Avenue North Street and Utility Improvements project area consists of approximately 1.1 miles of streets and utilities. The area consists of approximately 55 residential properties, 1 school property and 1 commercial property. The project is expected to include 50% replacement of existing water main, complete replacement of existing sanitary sewer and replacement of a majority of the storm drainage systems in the project area. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments, and soil/geotechnical investigations. Upon authorization by the City Council, the following actions would take place: — . Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift 01 people and preserves the public trust COUNCIL ITEM MEMORANDUM •Collect data, including field surveys, review traffic counts and review maintenance records. •Evaluate project in accordance with the City's Complete Streets Policy •Conduct storm sewer system and water main distribution system analyses. •Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. •Conduct a public informational meeting in the fall of 2014 to present initial findings to the neighborhood and to gauge public interest in the improvement project. •Prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. To date, the City has completed 81.5 miles of local street and utility reconstruction since initiating the Neighborhood Street and Utility Improvement Program. This represents approximately 77% percent of the total local roadways within Brooklyn Center. Budget Issues: The 63rd Avenue North Street and Utility Improvements project is identified in the City's Capital Improvement Program with a preliminary project cost estimate of $3,440,000. The estimated cost for preliminary field work, preparation of a project feasibility report and design is $133,000. Strategic Priorities: •Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances e qua v of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2015-05, 06, 07 AND 08, 63RD AVENUE NORTH STREET AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies specific streets for proposed infrastructure improvements in 2015; and WHEREAS, the City Council has reviewed the scope of proposed improvements for the 63rd Avenue North Street and Utility Improvements project; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue North Street and Utility Improvements are hereby established. 2.Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall prepare a project feasibility report for review by the City Council in the fall of 2014. 4.Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Preliminary Design and Plan Prep.$ 80,000 Televising $ 3,000 Field Survey $ 12,000 Geotechnical Investigation $ 10,000 Storm Sewer system analysis $ 20,000 Watermain system analyses $ 8,000 Estimated Costs Total $133,000 RESOLUTION NO. REVENUES AMOUNT Sanitary Sewer Utility Fund $ 29,300 Water Utility Fund $ 37,700 Storm Sewer Utility Fund $ 28,700 Street Reconstruction Fund $ 37,300 Estimated Revenues Total $133,000 March 24, 2014 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. \-(11H111-Q111D7 4. mu m ZIPmall Miff UNE iimmMUMMI= MIMIEMI NMn=41211111=1,1 mum.111111111111111s lasmak, aim -IMRE MIN MI=gym in= MEI Mil.111111111 imm _UM UllaUM= =MI MMmissionman mmvaaalimm um mm, Asa mm in= um* 1111111iNil 63rd North Reconstruction The 63rd Avenue project area extends from the west City Limits to Brooklyn Boulevard. The project area contains a total of 5,709 linear feet of local streets. The neighborhood consists of approximately 55 residential properties (R1 to R4) and I commercial zoned property (C2). Streets This segment of roadway is designated as a Municipal State Aid Route. 63 rd Avenue was originally constructed in 1965. The existing street is 43 feet wide with concrete curb and gutter. Proposed street improvements consist of the replacement of curb and gutter to improve drainage, full depth replacement of bituminous street pavement and complete sidewalk replacement. Water main The existing water main in the 63r d Avenue project area consists of 6-inch and 10-inch diameter cast iron pipe (CIP) installed between 1956 and 1958. A condition survey must be conducted for the existing water system in the project area to determine the extent of corrosion. Water records indicate three main breaks have occurred within the project corridor. The water main is in fair condition based on current maintenance records. The current project cost estimate includes replacement of approximately 50 percent water main and miscellaneous hydrants as necessary in the project area. Sanitary Sewer The existing sanitary sewer consists of 8-inch diameter vitrified clay pipe lateral sewers. These sewers were originally installed between 1956 and 1960. Approximately 35 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project cost estimate includes complete replacement of the sanitary sewer. Storm Sewer 63'd Avenue contains two storm drainage systems. The first drainage system consists of 12-inch and 15-inch diameter reinforced concrete pipe. This system flows to Orchard Avenue and then to the storm drainage pond in Cahlander Park. The second storm system ranges from 18-inch to 36-inch reinfOrced concrete pipe. This system drains to Brooklyn Boulevard and then to Shingle Creek. The current project cost estimate includes replacing a majority of catch basin structures, castings and various pipe laterals. Street Lighting The existing street light system is overhead power, with wood poles and a cobra head light fixture. The current cost estimate includes replacing the 14 wood poles with 14 fiberglass poles with a decorative rectilinear fixture and underground power. Project Summaries Page 113 2014-2028 Capital Improvement Program City Council Agenda Item No. 6h COUNCIL ITEM MEMORANDUM DATE: March 18, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: ResolutionResolution Providing a Six Month Extension to the Time Period for the Approval of the Bri Mar 3 1d Addition Final Plat Recommendation: It is recommended that the City Council approve the resolution providing a six month extension to the time period for the submittal of the Bri Mar 3 rd Addition final plat. Background: On September 9, 2013, the City Council adopted Resolution No. 2013-107 approving the preliminary plat of Bri Mar 3 rd Addition submitted by Landform on behalf of The Luther Company, LLLP. This proposed new subdivision involves replatting three adjacent lots into an existing larger development lot occupied by the Luther Brookdale dealership (located at 6800 Brooklyn Boulevard) and legally described as Lot 1, Block 1, Bri Mar 2 nd Addition. Attached for your reference is a copy of the resolution approving the preliminary plat and a copy of the draft final plat. The ordinance identifies a six month period that an applicant has to record a final plat; otherwise, the approval of the preliminary plat will be considered void. The applicant has not yet recorded the plat but is continuing to work with Henepin County, City staff and the City attorney to finalize the plat and to obtain consent from their mortgage company. Given the nature of the delay, staff is recommending that a six month extension be granted, which extends the deadline for final plat submittal until September 9, 2014. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of lift for all people Mid pleSerVeS the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING A SIX MONTH EXTENSION TO THE TIME PERIOD FOR THE APPROVAL OF THE BRI MAR 3 rd ADDITION FINAL PLAT WHEREAS, the City Council, on September 9, 2013, adopted Resolution No. 2013- 107 approving the Preliminary Plat of Bri Mar Third Addition, submitted by Landform on behalf of The Luther Company, LLLP; and WHEREAS, the City's ordinance requires the recording of a final plat shall occur within six months after the date of approval of the preliminary plat; otherwise, the approval of the preliminary plat shall be considered void; and WHEREAS, the final plat has not yet been recorded and an extension is needed to allow the finalization of the plat by the owner with the City of Brooklyn Center and Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a six month time extension for the recording of the Bri Mar 3 rd Addition final plat is approved. March 24, 2014 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. Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-107 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT OF BRI-MAR THIRD ADDITION WHEREAS, on October 17, 2011, the City Council for the City of Brooklyn Center approved the Final Plat of Bri-Mar Second Addition, which was the replat of five lots owned by The Luther Company, LLLP into two separate development lots (Lots 1 and 2, Block 1 Bri-Mar Second Addition), which were platted to benefit the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, Planning Application No. 2013-015 was submitted by The Luther Company, LLLP requesting approval of a proposed Preliminary Plat and Final Plat of a new subdivision to be titled BRI-MAR THIRD ADDITION, which is a replat of three adjacent lots into an existing larger development lot occupied by the Luther Brookdale Honda dealership (located at 6800 Brooklyn Boulevard) and legally described as Lot 1, Block 1, Bri-Mar Second Addition; and WHEREAS, the Planning Commission held a duly Called-public hearing on August 29, 2013, whereby this subdivision plat item was given due consideration, a staff report was presented, and a public hearing was conducted to allow for public testimony regarding the preliminary plat of BRI-MAR THIRD ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission determined during the review of the preliminary plat materials submitted with Planning Application No. 2013-015, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and WHEREAS, upon completion of this public hearing and full consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center adopted Planning Commission Resolution No. 2013-16, which provides a favorable recommendation to the City Council that the proposed Preliminary Plat of BRI-MAR THIRD ADDITION should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-015 as submitted by The Luther Company, LLLP requesting approval of a Preliminary Plat of a new subdivision to be titled BRI-MAR THIRD ADDITION is hereby approved, subject to the following conditions: L . The recommendations and conditions as noted in the City Engineer's review memorandum, dated August 23, 2013 shall be complied with or completed prior to release of final plat for recording. RESOLUTION NO. 2013-107 2.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 3.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney, for review at least 30-days prior to the expected release of the final plat. September 9, 2013 Date ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Mysz1wwski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. EXCEPTION crirtM . gNO3°48 .45W 289.74 _Mr E ...57 HAS17.7 ..47 ADD/TOTS 9.139R15.47 ht SAY,15.7 lE171, I. II. NO SEE TilACT A 263,71K.S.W401f...160;44. E.t. 1, City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk .4.614041.... DATE: March 17, 2014 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by Miracle Empowerment Center, 5801 John Martin Drive, for a Social Event to be Held May 17, 2014 Recommendation: It is recommended that the City Council consider approval of the application and petinit for temporary on-sale liquor license submitted by Miracle Empowerment Center, 5801 John Martin Drive, for a social event to be held May 17, 2014. Background: Miracle Empowerment Center, 5801 John Martin Drive, has submitted an application and permit for temporary on-sale liquor license for a social event to be held May 17, 2014. 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 non-profit organization for at least three years. The application and accompanying documentation has been forwarded to the Police Department for review to discuss parking, safety, and security issues. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City Council Agenda Item No. 6j COUNCIL ITEM MEMORANDUM DATE: March 24, 2014 TO: Curt Boganey, City Manager FROM: Nate Reinhardt, Finance Director iVk Kelli Wick, Human Resources Director \t-AA ) SUBJECT: RESOLUTION AMENDING SECTION 9.5 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES Recommendation: It is recommended that the City Council consider adoption of a resolution amending Section 9.5 of the City's personnel rules and regulations by modifying benefits for city retirees. Background: Currently 18 employees are eligible to participate in the City's retiree benefit program where the City will pay the single person medical insurance premium until they are Medicare eligible or 65 years old. Eligible participants must have full-time uninterrupted service with the City and hired on or before January 1, 1992. The City has received requests to consider an alternative option of a cash buy out in lieu of medical insurance coverage/payment. The City contracted with an actuary to provide the present value of this benefit for each individual that is eligible to receive this benefit. The calculation is based on the number of months of potential eligibility and includes assumptions for health care trend rates, retirement rates and discount rates. After reviewing the actuarial data the City has developed a folinula for a lump sum distribution that would potentially provide cost savings to the City. The City would pay each individual electing this option 80 percent of the actuarial calculated present value amount. This would be offered as a one-time option per IRS rules and the dollar amount would be placed in a post- employment health care savings plan. Each eligible participant must elect to remain on the City's program of having the single person medical premium paid after they retire in accordance with the City policy or elect a cash option that would be placed in a post-employment health care savings plan. Budget Issues: As calculated by the actuary, the total present value of future benefits for all 18 employees is $600,947. The present value of benefits is based on assumptions of future costs for each individual employee. Anticipated retirement dates are based on historical data from the Minnesota Public Employees Retirement Association and the cost of the single medical insurance premiums are based on medical trend rates. After discussion with the actuary, the City believes offering 80% of the present value of future benefits will result in cost savings to the City. If all employees opted the 80% lump-sum distribution the City would provide a total of Mission: Ensuring an attractive, clean, safe, inclusive conununiO, that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM $480,758 to the post-employment health care savings plan, which is $120,189 less than the actuarial provided amount. The proposed 80% provides the City with some protection against the potential downside risk of using assumptions for the basis of the calculation. Potential savings would be impacted negatively by the following: An individual continues to work after the assumed retirement age If there is a reduction in the Medicare eligibility age An individual leaves employment prior to becoming eligible to receive the benefit Changes to the current personnel policy that would significantly reduce the retirement benefit offered to the eligible employees Reductions in the cost to the City's for its most expensive single-premium or actual future premium cost below the assumed future premium cost Funding for the lump sum distribution would be provided from the City's Public Employees Retirement Internal Service Fund, which has a fund balance as of December 31, 2013 of $907,026. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ljfe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SECTION 9.5 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES WHEREAS, on September 8, 1997, the Council adopted the City's Personnel Rules and Regulations by Resolution No. 97-161; and WHEREAS, the City has reviewed the current liability established as a result of providing retiree health insurance benefits into the future; and WHEREAS, the City has determined that savings may result by offering an alternative means of saving for retirement health care costs in the form of a one-time payout option where the dollars are placed in retirement health savings accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's Personnel Rules and Regulations, Section 9.5 Benefits for City Retirees is amended as attached. 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. 9.5 Benefits for City Retirees On August 13, 1990, Brooklyn Center City Council adopted Resolution 90466 establishing Retirement Health Insurance Program. Benefits for City Retirees have continued to be approved by Council through the date of adoption of this document. It is in the best interest of the City of Brooklyn Center that retiring employees have available to them at their option a quality health insurance program. Therefore the City established a Retirement Health Insurance Program as follows: 1. Benefits for City Retirees a.Employees Eligible for PERA Retirement All employees eligible for a PERA pension separating employment from the City shall have the option of retaining membership in the City of Brooklyn Center's employee health and dental insurance plans as specified in MN Statute 471.61, subd.2a. Retirees may retain coverage of elected benefits upon prompt monthly payment of the full cost of all applicable premiums. Retirees may retain coverage until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. b.Employees Retiring on or before December 31, 2007 after 25 years of Service with the City of Brooklyn Center Employees who are retiring after twenty-five consecutive years of service with the City of Brooklyn Center and are eligible and receiving a pension from PERA shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the employee will pay the premium until such time as the retiree is eligible to receive a full retirement annuity under PERA or PERA police. At that time, the City will pay the single-person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue coverage other than single coverage, and is enrolled in that coverage at the time of retirement and if such coverage is available under the City's policies the additional cost for the coverage shall be paid promptly on a monthly basis by the retiree to the City of Brooklyn Center. The City will follow continuation benefits as specified in MN Statute 471.61, subd.2a. Participation in this program shall be closed to persons retiring after December 31, 2007. c. Employees Retiring with Full Unreduced PERA Pension with Continuous Full-time Uninterrupted Service with the City of Brooklyn Center and who were hired on or before January 1, 1992 Employees, on the day of his/her retirement, who meet eligibility requirements for a full-retirement annuity under PERA or PERA Police without reduction of benefits because of age, disability, or any other reason for reduction shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single-person premium until such time as the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. If the retiree desires to continue coverage other than single coverage and is enrolled in that coverage at the time of retirement and if such coverage is available under the City's policies, the additional cost for the coverage shall be paid promptly on a monthly basis by the retiree to the City of Brooklyn Center. The City will follow continuation benefits as specified in MN Statute 471.61, subd.2a. Effective March 25, 2014 employees with continuous full-time uninterrupted service with the City of Brooklyn Center and who were hired on or before January 1, 1992 have an alternative option to elect a lump sum distribution to a post-employment health care savings plan in lieu of the post-employment City paid single-person premium The eligible participant must make this election by April 11, 2014. This is a one-time irrevocable election per IRS rules. The lump sum distribution will be based on 80% of the actuarial calculated present value of the City's policy to pay the single-person insurance premium until such time the retiree is eligible for Medicare coverage or at age 65, whichever is sooner. City Council Agenda Item No. 6k COUNCIL ITEM MEMORANDUM DATE: March 19, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police -A-62-e,-- SUBJECT: An Ordinance Amending Chapter 23 of the City Code of Ordinance Relating to Tobacco Related Product Recommendation: It is recommended that the City Council consider approving the first reading of an Ordinance Amending Chapter 23 of the-City Code of Ordinance Relating to Licensing of Tobacco Related Products. Background: In January 2014, the City Council had directed staff to review the possible health concerns related to the use of electronic cigarette and related vapor inhalation devices. Staff conducted extensive research on the current trends related to the use of these vapor producing devices and the rules that other cities have adopted to address them and presented their findings to Council on February 10, 2014. At the direction of the City Council on Marchl 0, 2014, the existing ordinance relating to the sale of tobacco related product was reviewed by the City's Attorney and an amended ordinance was prepared that includes language to address electronic cigarettes and related devices. Upon review of the current ordinance, there are several changes and the amended ordinance has been completely redone. The amended ordinance is a reflection of the tobacco ordinance supported by the League of Minnesota Cities and multiple cities in Minnesota. The main change in this amended ordinance is that vapor producing devices will be considered the same as smoking devices. This will allow for the same licensing requirements of electronic cigarettes as for tobacco filled cigarettes. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public Mist Graven CHARTERED Charles L. LeFevere 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9215 telephone (612) 337-9310 fax clefevere@kennedy-graven.com http://www.kennedy-graven.com MEMORANDUM Date: March 18, 2014 To: Brooklyn Center City Council From: Charles LeFevere Re: Tobacco Ordinance The proposed tobacco ordinance is not presented in the usual format of lining out deleted text and underlining new text. Rather, because the existing code and the new proposed code based on the League of Cities model are so different. The proposed ordinance simply repeals the old ordinance and substitutes a new one. However, it may be helpful to highlight some of the changes made by the new ordinance. Section 23-102 amends existing definitions and adds new definitions as follows: •Defines "electronic delivery devices" •Defines "indoor area" •Defines "loosies" •Defines "minor" •Defines "movable place of business" •Defines "retail establishment" •Defines "sale" •Amplifies the definition of "self-service merchandising" •Defines "smoking" •Substitutes a definition of "tobacco or tobacco-related products" for a definition of "tobacco-related product" •Adds a definition of "tobacco-related devices" Section 23-103 requires a license to sell electronic delivery devices as well as tobacco, tobacco products and tobacco-related devices. 441174v1 BR291-20 City Council Memo re: Tobacco Ordinance March 18, 2014 Page 2 Section 23-104 establishes new standards for licensee eligibility. Section 23-105 prohibits the sales of loosies. Section 23-107 provides additional description of the City's compliance checks. Section 23-105 adds a provision relating to penalties or treatment of minors who unlawfully purchase or attempt to purchase tobacco. Additionally, language has been added at the suggestion of the Association for Non-Smokers relating to cigars. These have not previously been submitted to the Council but have been added to the draft in the Council packet. These changes include definition of the term "cigar", a clarification that the term "loosies" does not include individual premium cigars and in Section 23-105 prohibits the sale of cigars in a package with fewer than five cigars unless they have a retail value of at least $2.10 plus sales tax. CLL:peb 441174v1 BR291-20 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2014, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the sale of tobacco related products in the City. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATED TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23-109 are repealed. Article II. Brooklyn Center City Code is amended by adding new sections 23-101 through 23-108 as follows: Section 23-101. LICENSE REQUIRED No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the City of Brooklyn Center unless a license therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1."Cigar" means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, section 297F.01, subdivision 3, as amended from time to time. 2."Compliance checks" means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of Sections 23-101 through 23- 108. Compliance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. 3. "Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a product whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in 439156v4 BR291-20 tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 4."Individually packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. 5."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6."Loosies"means the common term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar. The term loosies does not include an individual premium cigar, as defined in Minnesota Statutes, section 297F.01, subdivision 13a, and as amended from time to time, that can be sold by a licensed retailer as a single cigar to the extent permitted by all applicable state and federal laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9."Retail establishmenr means any place of business where tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores. 10."Sale" means any transfer of goods for money, trade, barter or other consideration. 11."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco- related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. 12."Smoking" shall mean the inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or inhaling or exhaling vapor from . any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. 13."Tobacco or tobacco products" means and includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; 439156v4 BR291-20 and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14."Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products including electronic delivery devices. 15."Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Section 23-103. LICENSE REQUIRED 1.Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the city as provided in this section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. 3.Action. Upon receipt of a completed application, the city clerk shall forward the application to the police department for investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in sections 23-101 through 23-108, and report the results of its investigation to the city clerk within 30 days of receipt of the application. The city clerk shall forward the application for consideration by the city council. 4.Fees. No application for a license under sections 23-101 through 23-108 shall be accepted until the appropriate license or investigation fee is paid in full. The fee(s) shall be established by the city council by resolution from time to time. 5.Sanctions for violation. Shall be set by the city council at penalty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under sections 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applications for renewal must be submitted by November 30 of the year prior to the license year. 439156v4 BR291-20 Section 23-104. RESTRICTIONS The following shall be grounds for denying the issuance of or renewal of a license under sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related devices. 3.The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding 12 months of the date of application. 4.The applicant fails to provide any information required on the application, or provides false or misleading information. 5.The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the city and/or county, including, but not limited to, utilities and property taxes. 7. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under sections 23-101 through 23-108. Section 23-105. PROHIBITED SALES 1. It shall be a violation of sections 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; c.By self-service; d.As loosies; e.If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or f.To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. It shall be a violation of Sections 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar unless the cigar is sold in an original package of at least five cigars, provided that: a. This restriction shall not apply to any sale, offer to sell, or distribution of a single cigar that has a retail sales price of no less than $2.10 before sales tax. 439156v4 BR291-20 b. Cigars to which price promotions or discounts apply shall not be excluded from this restriction. SECTION 23-106. SMOKING PROHIBITED Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco- related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY 1.Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2.Administrative penalties. a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of Sections 23-101 through 23-109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 shall be imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not less than seven days. b)Other individuals. Other individuals, other than minors regulated by sections 23-101 through 23- 108, found to be in violation of sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the city believes will be appropriate and effective. The administrative fine or other penalty shall be established by city council ordinance upon the city council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)Statutory penalties. If the administrative penalties authorized to be imposed by Minn. Stats. § 461.12, as it may be amended from time to time, differ from those established in this section, then the more severe penalty shall prevail. 439156v4 BR291-20 Article Ill. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: 439156v4 BR291-20 City Council Agenda Item No. 7a rodennation WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and WHEREAS, the nation's mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet city needs; and WHEREAS, national service participants address the most pressing challenges facing our cities, from educating students for the jobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, national service participants serve in more than 60,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and WHEREAS, national service participants increase the impact of the organizations they serve with both through their direct service and by recruiting and managing millions of additional volunteers; and WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their figure endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities,. and is joining with the National League of Cities, City of Service, and mayors across the country to recognize the impact of service on the Mayors Day of Recognition for National Service on April 1, 2014, 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 April 1, 2014, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our city; to thank those who serve; and to find ways to give back to their communities. March 24, 2014 Date Mayor Council Members ATTEST: City Clerk City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: March 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk awizA.1/4--4, SUBJECT: Dangerous and Potentially Dangerous Dog Hearing Fees 1.An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous or Potentially Dangerous Dogs2.Resolution Amending the City Fee Schedule to Add Hearing Fees for Dangerous and Potentially Dangerous Dogs Recommendation: 1.It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous or Potentially Dangerous Dogs.2.It is recommended that following the Public Hearing and adoption of ordinance, the Council consider adoption of a Resolution Amending the City Fee Schedule to Add Hearing Fees for Dangerous and Potentially Dangerous Dogs. Background: At its February 24, 2014, meeting, the City Council approved first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous or Potentially Dangerous Dogs. Attached are the materials provided at the February 24, 2014, meeting. The City Council amended Section 1-260 of the proposed ordinance amendment, removing the sentence In the event that the declaration is overturned, the hearing fee will be returned to the owner. Attached is an updated ordinance amendment and a Resolution Amending the City Fee Schedule to Add Hearing Fee for Dangerous and Potentially Dangerous Dogs. The second reading and Public Hearing are scheduled for March 24, 2014. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on March 6, 2014. If adopted, effective date will be May 3, 2014. Budget Issues: Since there are currently no hearing fees collected, the hearing fees would reduce the cost the City pays related to the dangerous and potentially dangerous dog hearing. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of March 2014 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous or Potentially Dangerous Dogs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS OR POTENTIALLY , DANGEROUS DOGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 1-255 is amended as follows: Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 5. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1-255 (4), the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. In the event that the declaration is overturned, the hearing fee will be returned to the owner. Section 2. The Brooklyn Center City Code of Ordinances, Section 1-260 is amended as follows: Section 1-260. REVIEW OF DECLARATION. Beginning six months after notice is given of intent to declare a dog to be potentially dangerous or dangerous, an owner may request annually that the Animal Control Review Panel review the designation. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Panel finds sufficient evidence that the dog's behavior has changed, it may rescind the potentially dangerous or dangerous designation. ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Stfikeout indicates matter to be deleted, underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY FEE SCHEDULE TO ADD HEARING FEES FOR DANGEROUS AND POTENTIALLY DANGEROUS DOGS WHEREAS, on September 27, 2004, the City Council of the City of Brooklyn Center adopted Resolution No. 2004-132, which established fees for dangerous and potentially dangerous dog registrations; and WHEREAS, on March 24, 2014, the City Council adopted Ordinance No. 2014- 03 amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs; and WHEREAS, Section 1-255 (5) of Chapter 1 of the City Code of Ordinances provides that the City Council will establish a hearing fee by resolution for a dog owner who in writing requests to contest the dangerous or potentially dangerous dog designation; and WHEREAS, Section 1-260 of Chapter 1 of the City Code of Ordinances provides that the City Council will establish a hearing fee by resolution for a dog owner who in writing requests, after six months of the notice of intent, a review of the dangerous or potentially dangerous dog designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following fees related to dangerous or potentially dangerous dog hearings are hereby established and must be paid prior to scheduling the hearing: Contest Declaration Hearing Fee $250 Review Declaration Hearing Fee $100 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that this resolution shall be effective May 3, 2014. March 24, 2014 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. By: CUS),)-1-S2&AX—C. \id j), Authorize Agent Subscribed and sworn to or affirmed before me on 03/06/2014. Notary Public AAAAAAAAAwmAtvvv!.r% '1VE114 DARENE, MARIE MACPlit:R:ON Notary pubtio-Minnesoa My COMMinion Expires Jan 31, 2019 a uwW,vvvvvvvvw■Aew , Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of March 2014 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Code of Ordinances Re- lating to Dangerous or Potentially Dangerous Dogs. Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrange- ments. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS OR POTENTIALLY DANGEROUS DOGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 1-255 is amended as follows: Section 1-255. DECLARATION OF DANGEROUS OR POTENTIAL- LY DANGEROUS DOGS. 5. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has re- ceived a notice of intent under Sec- tion 1-255 (4), the owner may re- quest that a hearing be conducted to determine whether or not such a designation is justified. Such re- quest must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of Intent. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. In the event that the declaration is overturned, the hearing fee will be returned to the owner. Section 2. The Brooklyn Center City Code of Ordinances, Section 1-260 is amended as follows: Secti6n 1-260. REVIEW OF DEC- LARATION. Beginning six months after notice is given of intent to declare a dog to be potentially dangerous or dangerous, an owner may request annually that the Ani- mal Control Review Panel review the designation. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. lithe Panel finds sufficient evidence that the dog's behavior has changed, it may re- scind the potentially dangerous or dangerous designation. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2014. ATTEST: City Clerk Date of Publication: Effective Date: (Ctrikcout indicates matter to be deleted, underline indicates new matter.) 3/6/14, 3SP1, Dangerous Dog Hearing Fees, 183108 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SSCOUNTY OF HENNEPIN ',harlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: SP Brooklyn Ctr/Brooklyn Park and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 03/06/2014 and the last insertion being on 03/06/2014. Mayor Ad ID 183108 The following materials were provided at the February 24, 2014, City Council meeting. COUNCIL ITEM MEMORANDUM DATE: February 13, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AC144M 4 ibt/14`( SUBJECT: An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs Recommendation: It is recommended that the City Council consider approving first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs and setting second reading and Public Hearing for March 24, 2014. Background: City Code Sections 1-250 through 1-300 set forth definitions and procedures for dangerous and potentially dangerous dogs. Section 1-255 (5) provides that the owner of a dog that has been declared dangerous or potentially dangerous may contest the declaration and request a hearing before the Animal Control Review Panel (Panel). Section 1-260 provides that beginning six months after notice is given of intent to declare a dog to be potentially dangerous or dangerous an owner may request annually that the Panel review the designation. A majority of the owners of declared dogs do submit an appeal, so there are several appeal hearings heard by the Panel throughout the year. The findings by the Panel are about 50-50 to either uphold the dangerous or potentially dangerous dog declaration or not find sufficient evidence to declare the dog. Requests for a review of the designation are very infrequent. Currently the City Code does not require a hearing fee. A representative from the City Attorney's office serves as the moderator for the hearings, and the City pays the attorney fees for these services. In 2013, there was $3,783.83 in appeal hearing fees for seven (7) appeal hearing requests. The City Attorney fees include services for review of the case, notification to owners, hearing attendance, consultation with dog owners or their representatives/legal counsel, findings of fact letters following the hearings, and other information exchanges relating to the appeal hearings. In an effort to recover some of the costs of the hearings, an ordinance amendment is attached that would add language to require a hearing fee. A DRAFT resolution is also attached that would establish a hearing fee for a contested notice of intent at $250 and a hearing fee for designation review at $100. The resolution would be considered if the Council adopts the ordinance at its second reading and Public Hearing. Budget Issues: Since there are currently no hearing fees collected, the hearing fees would reduce the cost the City pays related to the dangerous and potentially dangerous dog hearings. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualityof life for people and preserves the public trust o P 16 1/4/1-L CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2014 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous or Potentially Dangerous Dogs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS OR POTENTIALLY DANGEROUS DOGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 1-255 is amended as follows: Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 5. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1-255 (4), the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. In the event that the declaration is overturned, the hearing fee will be returned to the owner. Section 2. The Brooklyn Center City Code of Ordinances, Section 1-260 is amended as follows: Section 1-260. REVIEW OF DECLARATION. Beginning six months after notice is given of intent to declare a dog to be potentially dangerous or dangerous, an owner may request annually that the Animal Control Review Panel review the designation. A hearing fee as set forth by City Council resolution must be paid prior to scheduling the hearing. In the event that the declaration is overturned, the hearing fee will be returned to the owner. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive ORDINANCE NO. og 6 I N A I- behavior, or other factors. If the Panel finds sufficient evidence that the dog's behavior has changed, it may rescind the potentially dangerous or dangerous designation. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY FEE SCHEDULE TO ADD HEARING FEES FOR DANGEROUS AND POTENTIALLY DANGEROUS DOGS WHEREAS, on September 27, 2004, the City Council of the City of Brooklyn Center adopted Resolution No. 2004-132, which established fees for dangerous and potentially dangerous dog registrations; and WHEREAS, on March 24, 2014, the City Council adopted Ordinance No. 2014- 03 amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs; and WHEREAS, Section 1-255 (5) of Chapter 1 of the City Code of Ordinances provides that the City Council will establish a hearing fee by resolution for a dog owner who in writing requests to contest the dangerous or potentially dangerous dog designation; and WHEREAS, Section 1-260 of Chapter 1 of the City Code of Ordinances provides that the City Council will establish a hearing fee by resolution for a dog owner who in writing requests, after six months of the notice of intent, a review of the dangerous or potentially dangerous dog designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following fees related to dangerous or potentially dangerous dog hearings are hereby established and must be paid prior to scheduling the hearing: Contest Declaration Hearing Fee $250 Review Declaration Hearing Fee $100 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that this resolution shall be effective May 3, 2014. March 24, 2014 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. 8b COUNCH, -TEM MEMORANDUM DATE: March 25, 2013 TO: Curt Boganey, City Manager 1/47 -9FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Special Assessment Public Hearing Appeals Recommendation: It is recommended that the City Council consider approval of the attached resolutions. Background: At the City Council Meeting on March 10, 2014 the City Council moved to continue the public hearing until March 24, 2014 for certain properties where appeals were made. Additional information was requested regarding the proposed special assessments for these properties. A summary of the findings for each property is attached. The appealed special assessments included four properties with long grass/weed abatements and one tree abatement completed in 2013. As part of the process, property owners were given notice to correct violations, received notice to pay the bills, and all unpaid fees were processed as a pending special assessment. In certain cases, property owners authorize the City to abate the public nuisance. The pending special assessment amounts are available to the public, including title companies when a property sale takes place. When a property is purchased, the buyer is responsible for all pending assessments and negotiating any outstanding fees with the previous owner. In review of all these appeals, the legal requirements were satisfied. Information specific to each special assessment appeal is provided in the attachment. Two options for the Amended Special Assessment Certified Rolls have been attached to this Council Memorandum for your review and consideration. Option 1 reflects the original special assessment amounts, while Option 2 reflects staff recommended changes. Budget Issues: The fees for these special assessments help recover the City costs associated with providing a service. Nuisance abatements are related to the direct costs incurred as a result of hiring a contractor to correct the violations at the property, as well as administrative costs related to achieving compliance. Council Goals: o Financial Stability Vibrant Neighborhoods _ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the 000 , of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Attachments: Attachment I: Attachment II: Attachment III: Attachment IV: Summary of Appealed Properties Resolution for Tall Grass and Weed Removal Resolution for Diseased Tree Removal Amended Special Assessment Certified Roll —.. — Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Attachment I: Summary of Appealed Properties Address: 6341 Halifax Dr Owner: Laura Yang Appellant's Appeal: The owner stated her HUD settlement statement shows she paid $375.65 for weeds and grass to the City. On March 12, 2014 a copy of the HUD-1 Settlement Statement (dated July 12, 2013) was sent to City staff. Findings: The property was found to be foreclosed and vacant on August 23, 2012 and had multiple violation cases. For this special assessment, a complaint was received on May 30, 2013 about long grass/weeds that resulted in a City-facilitated abatement. The property was purchased on August 9, 2013. City records indicate that no payment was received for this abatement. Further, the HUD Settlement Statement indicates an "Adjustment for Items Unpaid by Seller" for "Weed removal to city" in the amount of $375.65. This document indicates the sale price was reduced to accommodate the weed removal cost. Based on this information, it is recommended the full amount be specially assessed to the property. Violation TypeSummary of Activity Fees Tall Grass & Noxious Weeds May 30, 2013 A complaint was received for tall grass and weeds. May 31, 2013 An inspection was completed and verified that there was long grass and weeds. June 10, 2013 A referral was made to the grass contractor to abate the tall grass and weeds. June 10, 2013 The grass contractor abated the tall grass and weeds. June 19, 2013 The owner was invoiced for the abatement. $282.26 Page 3 of 15 Page 4 of 15 Address: 5441 Dupont Ave Owner: Daniel Odole Appellant's Appeal: The owner stated that he was injured in an accident and was not able to care for his yard. He had hired a contractor to cut his grass every two weeks. He stated that he received a notice to cut his grass and the grass was cut the next day. He does not know why he was charged. Findings: The property owner was sent proper notice for the grass violations. The property owner is responsible for maintaining the property in compliance with City Ordinances. Multiple inspections verified the property was in violation of tall grass/weed ordinance, therefore a reinspection fee was applied for the second violation. After the initial tall grass/weed violation is cited for a property during the growing season, a reinspection fee is charged for each additional tall grass/weed violation even if the owner cuts the grass after being notified by the City. Based on this information, it is recommended the full amount be specially assessed to the property. Violation Type Summary of Activity Fees Tall Grass & Noxious Weeds June 7, 2013 ist Tall grass violation and a letter was sent June 20, 2013 Follow up inspection indicated grass was cut August 19, 2013 2nd Tall grass violation noted and letter was sent August 28, 2013 Follow up inspection indicated tall grass was cut by owner August 29, 2013 Owner was invoiced for the reinspection fee $100.00 Page 5 of 15 Address: 5815 Humboldt Ave N Owner: Alex Zoerb Appellant's Appeal: Owner states that he purchased the property on August 23, 2013 and the grass was cut on August 28, 2013. He moved in immediately and was not made aware of the tall grass violation. Findings: The property was previously a foreclosed, vacant property identified on June 4, 2012. The property was found in violation of tall grass/weeds and a Compliance Notice was sent to the owner of record to abate the tall grass/noxious weeds. A city-facilitated abatement was conducted by the grass contractor in accordance with all legal requirements. The property owner is responsible for paying special assessments. Following the public hearing on March 10, 2014, City staff inquired further into the appellant's claim. This is an atypical situation where the change in ownership occurred between the period of time when the Compliance Notice was sent and the abatement occurred. The work order information was available if the Title Company, buyer or other party contacted the City regarding any special assessments. There was opportunity for the new owner to correct the violation after purchase and before the City-facilitated abatement. Based on this information and timing of the situation, it is recommended the administrative fee of $150 be waived, with the direct cost of $96.19 be specially assessed to the property. Violation Type Summary of Activity Fees Tall Grass & Noxious Weeds August 19, 2013 1st Tall grass violation was letter sent. August 27, 2013 A referral was made to the grass contractor to abate the tall grass and weeds. August 28, 2013 The grass contractor abated the tall grass and weeds. September 4, 2013 Owner of record was invoiced for the abatement. $246.19 Page 6 of 15 Address: 6930 Halifax Ave N Owner: Sonya Herr Appellant's Appeal: Owner submitted a letter stating that she is not the current owner and foreclosed on the property on October 31, 2009. However, she would like to pay the amount owed to prevent further fees. Findings: The property was found to be vacant on March 23, 2011. Multiple tall grass and weed violations have occurred and previous special assessments occurred. The property was found to have tall grass and weeds, Compliance Notices were sent to the owner of record, and a city-facilitated abatement was conducted by the grass contractor. Following the public hearing on March 10, 2014, City staff inquired further into the appellant's claim. All legal requirements were met including notification of the Owner of record. Based on this information, it is recommended the full amount be specially assessed to the property. Violation Type Summary of Activity Fees Tall Grass & Noxious Weeds June 10, 2013 1st Tall grass violation was letter sent. June 18, 2013 A referral was made to the grass contractor to abate the tall grass and weeds. June 18, 2013 The grass contractor abated the tall grass and weeds. June 27, 2013 Owner was invoiced for the abatement. $246.19 Page 7 of 15 Address: 5500 Oliver Ave Owner: Tina Nguyen Appellant's Appeal: Owner states that the 25 feet of property next to her property does not belong to her and should not be responsible. Findings: This special assessment had been removed on the Special Assessment Certified prior to the Council Meeting. Roll Violation Type Summary of Activity Fees Tall Grass & Noxious Weeds July 11, 2013 1st Tall grass violation was letter sent. July 19, 2013 Follow up inspection was completed; tall grass remained. July 23, 2013 A referral was made to the grass contractor to abate the tall grass and weeds. July 24, 2013 The grass contractor abated the tall grass and weeds. July 29, 2013 Owner was invoiced for the abatement. $294.28 Page 8 of 15 Address: 1606 Amy Ln Owner: Kou Yang Appellant's Appeal: Owner submitted a letter stating that the fee for the tree removal may have already been paid as part of his closing settlement on August 1, 2013. Findings: The Compliance Notices were sent and a city-facilitated abatement involving the diseased Pine tree was conducted. There is no record of payment for the abatement of the diseased tree. Following the public hearing on March 10, 2014, City staff inquired further into the appellant's claim about his closing cost fees. Staff spoke to the Mr. Yang on March 19, 2014 and informed him of the fees and the process for special assessments. The attorneys Luna and Luna LLP stated this was a HUD property and HUD does not pay these fees. Based on this information, it is recommended the full amount be specially assessed to the property. Violation Type Summary of Activity Fees Diseased Pine Tree June 13, 2013 Diseased tree was marked and 1st letter sent. July 11, 2013 A referral was made to the tree contractor to abate the tree. July 26, 2013 The tree contractor abated the tree. July 26, 2013 Owner was invoiced for the tree removal. $250.00 Page 9 of 15 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statues Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 10, 2014, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of unpaid weed destruction accounts incurred during the year 2013 is hereby adopted and certified as Levy No. 18764. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2015, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from April 10, 2014 through December 31, 2015. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 9, 2014. After April 9, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 10, 2014 through the date of payment. Such payment must be made by the close of business November 26, 2014 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 24, 2014 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2012 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 10, 2014, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of tree removal costs incurred during the year 2013 is hereby adopted and certified as Levy No. 18763. 2.The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at six (6) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2015, and shall bear interest on the entire assessment from April 10, 2014 through December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 9, 2014. After April 9, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 10, RESOLUTION NO. 2014 through the date of payment. Such payment must be made by the close of business November 26, 2014 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: March 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5439 Camden Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5439 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on ten 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 I, II and III of the Crime Free Housing Program, and 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: 09-09-2013 10-16-2013 11-14-2013 12-18-2013 12-27-2013 The Owner, Noell McPheeters, applied for an initial rental dwelling license for 5439 Camden Ave N, a single-family residential property. An initial rental inspection was conducted. (Ten property code violations were cited, see attached rental criteria) Inspectors notes indicate inspection would pass with weather deferral, however, the owner decided to install new doors and will call the city when they are installed. The follow-up inspection passed. An inspection scheduled for 12-17-2013 was rescheduled. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-09-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-17-2014 A Mitigation Plan was submitted. 02-19-2014 The Mitigation Plan was finalized. 03-12-2014 A letter was sent to the owner notifying that the hearing before the Council will be held March 24, 2014. If approved, after six months, a new rental license is 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 I approved or modified by the Council. No later than the tenth day after each calendar I 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. 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, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0475 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0 25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Address:5439 Camden Ave. N. Brooklyn Center, MN 55430 Owner Noell McPheeters Local Agent: Renters Warehouse Owner Address: 5035 Norwood Lana N. Plymouth MN 55442 Agent Address: 6101 Baker Pd, Suite ROO, Minnetonka MN 55345 Owner Phone:612-839-2781 Agent Phone: 952-470-.8888 Owner Email:Jeff Benveniste@hotmail.com Agent Ema i l: JZu pfer@re nterswarehouse.comnRenewal: Current License Expiration Date: *Pending Type IV License Exp. Date: 7-9-2014 (Six months from current license expiration) Rental License: Jal New License Expires 09/30/2014. VSS I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway JAN 1 C 20/4 Fox: 763-569-3360 Brooklyn Center, MN 55430-2199 ' www.cityofbrooklyncenterarg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be • submitted immediately to ensure timely completion of the license application process. The Mitigation Plan Should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoina 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 and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance . and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B— Required Documents Submit the following documents with the Mitigation Plan for approval: I 1 ii Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.L.ui 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum1 1 3. Submit 'written report by 10 th of each month (after license approval). Section C— Crime Free Housing Program Requirements Phar I1 / 1 1. Use written lease including Crime Free Housing Lease Addendum. •I i 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I 1 j 3 Pursue the eviction of tenants who:violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 Tel 4, Attend City approved eight hour Crime Free Housing Date Course Completed: 12113/2013 course. or Date Course Scheduled: Ph e II improvements recommended by the to be completed by: 4 / VI I Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: IP 1 /11 Improvements Phase III (two). 16th, 2014 & May 6th, 2014 Str.*----12<rr. I i II will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: March Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify Type IV 'License expiration for a Type IV Rental within the past year. crime prevention techniques. rt."date? LI YestW-, o License upon renewal. t i 1 I will have documentedno repeat code violations previously For properties with four or more units: I I will conduct resident training annually that includesIIi will hold regular resident meetings. Section I) — Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. • . - •.•Date Last Replaced . Estimated • Replacement bate 2020Furnace/AC-April 2006 Water Heater-June 2009 .2019 Kitchen Appliances-May 2010 2020 Laundry.Appliances- .•• November 2008 2015 Exterior -Paint/Siding, fascia, trim September 2013 '2020-Windows April 2006 - 2020-Roof'June'2001 2021'-Fence istrA N/A-Shed -November 2013 2025-Garage November 2013 -2025-Driveway 2005 2020-Sidewalks ' N/A rt/A. Smoke Alarms & Carbon Monoxide Alarms November 2013 Aelireirdd Z.2, a Other(s) Section E — Steps to Improve Mansgement and Conditions of Property Implementing the following best practices may assist in the By Checking the borxes below, you' agree to: management of your property. month. II I I I Check in with tenants every 30 days.II i I 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 IraTa 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6. Install security system. Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) ,,,S....?.•11 ,i,-111•••■11 Page 3 Type IV Mitigation Plan Rev 11-16-11 Please read thoroughly: 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 th 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, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Josh Zupfer (Renters Warehouse Representative) Owner or Agent eand nO • gent Date813.4iure 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): II I I 11 PI • Poli Department / Title Buildin! P'a mintxnity Standards Department/ Title C-12// ;Vcd7'2'' 7-11 I . Date ' City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: March 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk c)67 SUBJECT: Type IV 6-Month Provisional Rental License for 7000 James Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7000 James Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on 13 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 I, II and III of the Crime Free Housing Program, and 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: 08-30-2013 09-12-2013 10-15-2013 The Owner, Jared Momanyi, applied for an initial rental dwelling license for 7000 James Ave N, a single-family residential property. An initial rental inspection was conducted. (13 property code violations were cited, see attached rental criteria) A follow-up inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. A second follow-up inspection was conducted and passed, however, the reinspection fees were not paid. An inspection scheduled for 12-17-2013 was rescheduled to 12-27-2013. 10-31-2013 12-17-2013 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-26-2013 The inspector discussed by phone the reinspection fees with the owner. 12-30-2013 The $100 reinspection fee was paid. 01-21-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-04-2014 A Mitigation Plan was submitted. 02-14-2014 The Mitigation Plan was finalized. 03-12-2014 A letter was sent to the owner notifying that the hearing before the Council will be held March 24, 2014. If approved, after six months, a new rental license is 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the query of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 1-2 3,4 units 5 or more units Greater than 3 Greater than 1 Greater than 0.50 Decrease 2 Categories COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive comnumity that enhances the quality of life for allpeople and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Pt& 2 4. 104 -41, Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.chyofbrooldyncenterorg NOVAMigi.09ate,7003.-a3gWatgT..!.yx.:‘,.feN..,w q*: een e A e (Six rnonthxfro me.zttrenai--.0e7Mg-Mledtieih) License Expires 09/30/2014. VSS Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please type or use finable fonn on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The 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 and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: I f I I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.i II `f I 2. Copy of Lease including Minnesota Crime Free Housing Lease AddendumIIV I 3. Submit written report by 10" of each month (after license approval). .:; CIO efWee, wail- Aiaiii*-e-ii -10 ..4,',:,. vatig:vprogyoymi Pha e I ./ I. Use written lease including Crime Free Housing Lease Addendum.I .1 I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I V / 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 ,,f. 4. Attend City approved eight hour Crime Free Housing Course. or Date Course Scheduled:04109/2014Date Course Completed: Phase ItLJComplete Security Assessment and implement all Brooklyn Center Police Department. Date Scheduled: 02/04/2014 Improvements security improvements recommended to be completed by: by the 02110/2014 Phase III . ril I will attend a minimum of 50% of the ARM meetings (two).I will attend the ARM meetings scheduled for 0311312014 & 05/08/2014 Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualifyType IV License expirationfor a Type W Rental within the past year. crime prevention techniques. date? 0 Yes III NoLicense upon renewal. 1 '1 Ii will have no repeat code violations documentedpreviously For properties with four or more units: I will conduct resident training annually that includesI1 I will hold regular resident meetings. '''' ' . distiMiner T-410E. ' A zjitAWNWP:2 1.alegaittiatareintprovided for common capital items. Funding worn or otherwise in violation prior to the estimated Based on condition and age, estimated replacement dates areshould be considered accordingly. However, items broken,replacement date will require earlier corrections. Date Last Replaced , EstimatedReplacement DateFurnace/AC-1998 2028 Water Heater- .2012 2024 Kitchen Appliances-2010 2040Laundry Appliances-2009 tkOlckExterior -Paint/Siding, fascia trim • 4)10 ?■ola -Windows 2004 2034-Roof 2011 2041-Fence'N/A-Shed N/A-Garage N/A"Driveway --1995 2025-Sidewalks N/A Smoke Alarms & Carbon Monoxide Alarms 2013 UlltOther(s)- --- - • management Of your property. month. IlagiatrItair-lanffarlatairlitelaNianikl..7.:1''„EgEtrikeife-`Implementing the following best practices may assist in the rislicking the boxes below, you agree to: 1. Check in with tenants every 30 days.I I 1 I 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: Center Point 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.II-1 9. Other(s): 1'I 1E11 cles) Police Dept'tinent / Title For City Use—Mitigation Plan Approved By: nity Standards Department/Title 0*/V/X Date 21/ ,efit Date Type IV Mitigation Plan Rev 114641 Please read thoroughly: lithe 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 le 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, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Jared Momanyi/Owner Owner or Agent Name and Title (Please Print) 2_ ( tag 1.21,/ Owner or Agent Signature Date Margaret Momanyi/Owner Additional Owner or Agent Name and Title (/fapplicable) gleam Print) =105 /2-6 14p Addi :onal Owner or Agent Signature (f applicable) Date City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: March 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3901 Burquest Lane Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 3901 Burquest Lane. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property and residential care facility. The property qualifies for a Type IV Rental License based on the number of property code violations (five) and validated police nuisance incidents (one). Also, the property owner failed to meet the condition(s) of the Type IV Rental Licenses. The property owner received a Type IV Rental License on April 8, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances, specifically Crime Free Housing Certificate, monthly reports and the Owners/Managers Association Meetings. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. The inspection of the property revealed five property code violations. However, since the Type IV Rental License condition has not been met, according to City ordinances, the license should be renewed s a Type IV Rental License. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in process of the new rental license process. The following is a brief history of this license's process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-18-2013 license approval activities: The previous Type IV rental license expired. The owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest Lane, a single family dwelling. An initial rental inspection was conducted. Five property code violations were cited, see attached rental criteria. A second inspection was conducted and failed. A reinspection was conducted and passed. City records indicate one validated police incident/nuisance calls occurred in the past twelve months. Incidents were disturbing the peace on 06-26-2013. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. A $125 Administrative Citation was issued for not submitting an approved mitigation plan. The Mitigation Plan was finalized. A $125 Administrative Citation was issued for not meeting plan requirements. A $300 Administrative Citation was issued for operating without a valid rental license. A letter was sent to the owner notifying that the hearing before the Council will be held March 24, 2014. Current rental 07-31-2013 07-31-2013 08-02-2013 09-06-2013 10-23-2013 10-23-2013 11-06-2013 12-02-2013 01-28-2014 02-14-2014 02-20-2014 02-20-2014 03-12-2014 Note: This rental license expires January 31, 2014 and the renewal licensing process begins immediately. Prior Type IV 12-28-2012 01-24-2013 01-31-2013 02-05-2013 02-12-2013 02-12-2013 02-19-2013 Rental License approval activities: The Owner, Edwin Ngang, applied for renewal of the rental dwelling license for 3901 Burquest Lane, a single family dwelling. An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. The previous rental license expired. The property was posted as unlicensed. A second rental inspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 03-01-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-13-2013 A Mitigation Plan was submitted. 03-27-2013 The Mitigation Plan was finalized. 03-29-2013 A letter was sent to the owner notifying that the hearing before the Council will be held April 8, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact .... 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the March 24, 2014 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 3901 Burquest Lane Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3901 Burquest Lane, was issued a Type IV Rental License on April 8, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 3901 Burquest Lane, Brooklyn Center failed to attend Owners/Managers Association Meetings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3901 Burquest Lane, Brooklyn Center, MN. March 24, 2014 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 of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-21 one: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenterorg Rental License Mitigation Plan-- Handwritten plans will not be accepted. Please type or use flu a e form on City website. al License Section AL PrOPerfOnfOtinn2 on ._ PropertY-Address:3901 BU koCIU EST LANE NORTH - Owner Name: EDITH & EDWIN NGANG :,Local Agent: LEE bECKLEY OWner Address: ' 2846 YOSEMITE AVE SOUTH, ST LOUIS PARK, MN 55416 Agent Address: . YOSEMITE AVE SOUTH, ST LOUIS PARK, MN 55416 oxynr P hone:612-990-2592 -. , :. . ,. . .....763t4343,8605Agent Phone :76 3.8 43605.._ , Owner Errlil:CA'-rcINGSIS'TErc'Su'-'60MCAST.NET Agent _,Ern__ail:CARING'SISTERS6COlvICAST.NET Rental License. - .1 I 14 v ri Renewal: Curren, _ ,*Pending j'Six months tlicen4Sie iXPIraiien Date. ''', 7 'i IT ■`.r., Type IV License Exp. Date; .: 1 1 i from current license eXpinillem Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The 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 and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Sedien:. _,. turt ocunients Submit the following documents with the Mitigation Plan for approval: 1 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum I 3. Submit written report by 10 th of each month (after license approval). I V I/11 V Section C— . rime Fr eeliiiiigiiik ProgramlOitiiiieiilintS , .; .• 'e 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. VIV 1 V Page 1 Type IV Mitigation Plan Rev 11-16-11 wi•,, :414prot t ki11 ,441g 5.41■IINC ititt4'1;tek l: c) (i cry:, st Vilify - 2'4'1'1.74 I )11:$ms it 1 it N1tktcciortt\-0,1. r';oloplets: :*;,%tor EV,s ,.i.kmo,-.14 -Id rtpl; otoit IS-64 rNit4..V..ruct Volt s_ ;W. \t.'6,N1-1,1 1 .„',I1 firlftION0114.,TIS 14) f.)v 4:m1)11104:00y. IIu I Jl ',lam:co of 5,1.0,- o:*1 1 ocetuvi (wI i II Ow AR NtI i iti CI14,Iti1,NI t " Z ."4 .‘{i4 44'1 4_ I 'IA i fItt!tV.11-'. o1/4: ; I „,1 \t", II If tio. you 'sv 011)4114 I44 >Me to t:4. I or '1)141.! IV 1:411411,1cAtim Itptoi remit, AI, to-!:-tt,•th prs,"1",.4t;0.:, ih; 1041 itee./14,114/0, itlt Pile' or 04/04'P/11A: I il. -0 I.. 4 -ittlt kr. OCk(111.-AttlIttt.;*-rtroi,11) 001 CidtiAtt.4 t:C11164110. [04J Section Term Cai)l(al Inillrovements Man ?1,11'1,11 ■‘11 COO' 111:1 ;We, ili1A0,1 I A:11W 0,41:4 M.! ptIAVeit I 1tUI t.lti,11■11 h141 ",st,4 ■1141410Cft.1! titnetv I It .14. cv,.-t, vont 1-ec_ti, molt otr 112 let1,141i):1 pc ieetsOw ill ttluirk' eztlter cotr.t..4101:‘,. . _ 1,1A Reriacit,I figlAt.k11.,:ttt t) fl.-`I u4-1 4 .tel I ICY.) 1;11Iti:11 NTT 2C‘I 40 !Ily 4‘k titalA --!•,14v41 44 r;tt.14'0,__ _ .44fix'4)) ‘40144)4 brit .; 1!!i: Stei) to Improve Manancment anti Conditionv of l'roperrv tt ,;.,IwA 11,r ILL p {Ill 111;4 . .1t4 ,1 ,1 ill OR, [rot 1:r >0 ,11 l'i4z.1”, I he haw.; the ikoves .44,4me, yore twee hi: I 4. ilt.76; ill v4 40tui i V IL stsoit.1, to ° rt,lt itt‘Oliv:It. 4',`,;.:4: it Wool!, atle 2 1)Pt V (41■41.,:uon PLItrt Co., J-6 I v I 3. Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. 6. Install security system. 7.Provide maintenance service plan for appliances. Name of service ENTERPOINTce co.: 1 1 4/ 11 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. El 9 Other(s): For City t;e--N tieation Plan Approved By: Date V.-W7 2D a P e olice Department / Title omm nity Standards Department / Title (.12 Please read thoroughly: 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 I 0th 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, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. LEE BECKLEY Owner or Agent Name and Title (Please Print) Owner or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 24, 2014 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. Youth in Government Day Planning PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Inclusion and Diversity Follow Up — Community Engagement Strategies 3.Consideration of Modifying Setback Requirements for Front Porches 4.Citywide Environmental and Sustainability Efforts Update 5.Sister City Voinjama Visit Update 6.Assessing Department Reorganization Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: March 17, 2014 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation & Services SUBJECT: Youth in City Government Day Planning Recommendation: It is recommended that the City Council consider providing direction to staff regarding the upcoming Youth in Government Day (April 14, 2014). Background: As you may know, Youth in Government Day was originally planned to be held this evening. However, as we are just now receiving and verifying the final youth applications, we thought we would take this opportunity to identify goals and mutually develop roles and responsibilities for the upcoming event, now scheduled for April 14 th • Youth in Government Day was created to welcome young people into the processes and structure of their local government — whose work directly impacts their lives every day. Through equipping young people with the understanding of how their communities work and how decisions are made, the event will cultivate and equip young people to become engaged, active, and informed citizens. In planning the actual day, we wanted the experience to be educational for the students and of mutual benefit to both students and the City Council. The attached itinerary begins the student's day at 3:30 with an opportunity to meet and speak with the department heads regarding their respective departments. Their experience continues with a "hands on" tour of city facilities and operations from 4:00-5:30 p.m. At 5:30 p.m., we would ask that you meet with your assigned "mentee" over dinner to discuss the roles and responsibilities of an elected official. We would also ask that you go over the agenda and come up with questions to ask during the presentation, general action, or discussion items on the agenda. Recommendations include preparing your mentee on how to address the city council and presenting the agenda items to the council. Please keep in mind that the students will be allowed to discuss items, but will not be allowed to make a motion or vote on an agenda item. Please note the students have been asked to review in advance a previous council meeting from last year's Youth in City Government Day in Brooklyn Park, just so that they can familiarize themselves with how the process might look. If you would like to take a look at the event, here is the link: http ://nwsecc-bro oklynpark. grani cus .com/MediaPlayer.php?view id=3 &clip id=541 For your information, I have attached additional informational materials that will be made available for you and the participating youth. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Policy Issues: No policy issues were noted Strategic Priorities: • Civic Engagement I: Ensuring an attractive, clean, safe., inclusive community that enhances the quality 4 .41e fOr all people and preserves the public trust CITY 44),,:4BROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklyncenter.org City of Brooklyn Center Youth in Government Day Itinerary for March 24, 2014: Students are asked arrive at City Hall (6301 Shingle Creek Parkway) no later than 3:20 p.m. •3:30-4:00 p.m. •4:00-5:30 p.m. •5:30-6:00 p.m. •6:00-7:00 p.m. •7:00-8:30 p.m. Meet Department Heads Tour City Facilities Meet with Mentor (food provided) City Council Study Session City Council Meeting City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763.569.3300 • Fax: 763.569.3494 Community Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763.5693400 • Fax: 763.569.3434 Police & Fire Departments 6645 Humboldt Avenue North Brooklyn Center, MN 55430 763.569.3333 - Fax: 763.561.0717 crev orBROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY WWW.cityofbrooklyncenter.org March 17, 2014 Dear Mayor/Council Member Thank you for agreeing to serve as a mentor for the City of Brooklyn Center's "Youth in City Government Day" on Monday, April 14, 2014! By allowing students a fun and unique opportunity to actively participate in the government process and by providing them with an experiential understanding of how decisions are made, we better equip our youth to become more active, engaged, and informed residents of our community. Attached is the agenda for "Youth in City Government Day." The students will be given a tour of city facilities from 4:00 to 5:30 pm (you are not required to attend this tour). However, we do require you to meet with your mentee at 5:30 pm over dinner at City Hall Council Commission Room to discuss their role and responsibilities during the council meeting. Please go over the agenda with your mentee and come up with questions to ask during the presentation, general action, or discussion items on the agenda. Recommendations include preparing your mentee on how to address the city council and presenting the agenda item to the council. Please note that the students will not be allowed to make a motion or vote on an agenda item. They have been asked to review in advance the previous council meeting from last year's Youth in City Government Day. You have been matched up with . Your mentee has been given your email address and they may contact you to introduce themselves and ask any questions about the event in advance. We have encouraged the students to invite their friends and family to observe their participation during the city council meeting on April 14th. If you have any questions, please let me know! Again, thank you for being part of this special event! If you have any questions, please contact me at 763.569-3407 or jglasoe@ci.brooklyn- centermn.us . Sincerely, Jim Glasoe Director of Community Activities, Recreation and Services City of Brooklyn Center vvww.citvoThrooklyncenter.orq (763) 569-3407 City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763.569.3300 Fax: 763.569.3494 Community Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763.569.3400 Fax: 763.569.3434 Police & Fire Departments 6645 Humboldt Avenue North Brooklyn Center, MN 55430 763.569.3333 - Fax: 763.561.0717 CETY OrBROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklyncenter.org March 17, 2014 Dear Congratulations! You have been selected to participate in the City of Brooklyn Center's "Youth in City Government Day" on Monday, April 14, 2014. Thank you for submitting a thoughtful application. We look forward to having you part of this event so you can learn more about how the city functions! Attached is the agenda for "Youth in City Government Day." Prior to April 14th, we encourage you to observe a similar event online to become familiar with how the city council functions: http://nwsccc-brooklynpark.granicus.com/MediaPlayerphp?view id=3&clip id=541. You have been matched up with . If you would like, you can contact him/her at by April 14th to introduce yourself and ask any questions about the event. You will have time during the event at 5:30 pm to meet with your mentor. We encourage you to invite your friends and family to observe your participation during the city council meeting that will commence at 7:00 pm on April 14th. Please plan to dress in business casual attire. By now, city staff should have contacted you to see if you have any transportation needs. Also if you have not filled out and returned the parent permission slip form, I have enclosed a copy in this packet. Again, congratulations on being selected to be part of this special event! We look forward to seeing you on April 14th at 3:30 pm at the City Hall at 6301 Shingle Creek Parkway! If you have any questions or will not be able to attend the event, please let me know as soon as possible. I can be reached at 763-569-3407 or iglasoePci.brooklyn -center.mn.us Sincerely, Jim Glasoe City of Brooklyn Center End: Itinerary and Tips for Student in City Government Day City Hail 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763.569.3300 • Fax: 763.569.3494 Community Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763.569.3400 Fax: 763.569.3434 Police & Fire Departments 6645 Humboldt Avenue North Brooklyn Center, MN 55430 763.569.3333 • Fax: 763.561.0717 Tips for Student in City Government Day How to address: The Mayor — "Mr. Mayor..." Council members — "Council Member [XXX]...." Both the Mayor and Council Members — "Mr. Mayor and Members of the Council...." The Fire or Police Chief— "Chief Benner or Chief Gatlin....." or "The Chief..." City Staff— "Mr. or Ms. [Last Name]...... Questions to ask your mentors: What do you do? What is most challenging about your position? How does one become an elected official? How does voting work in Brooklyn Center? What municipal services does the city provide? What type of schooling and experience did you undergo to get your job? What does the future of Brooklyn Center look like? How long does a city council meeting usually last? What has been the shortest/longest meeting? Can you please explain to me how the agenda works? What are the dos/don'ts of a council meeting? Please explain to me how a motion works. What do you do to prepare for a council meeting? Council Meeting Agenda 1.Informal Open Forum 6:45 p.m. This is a time when citizens can address the City Council on any issue. 2.Invocation 3., 4., 5. Call to Order/Roll Call/Pledge of Allegiance Secretary does Roll Call of all council members if present, council members say "Here" Pledge of Allegiance 6. Approval of Agenda and Consent Agenda Mayor: Next, we'll move onto the approval of the agenda and Consent Agenda Any council member: I make a motion to approve the agenda as presented Another council member: Second Mayor: We have a motion to approve the agenda and seconded....any discussion? Seeing none, all those in favor say "aye." All those opposed? Agenda and consent Agenda is approved. 7.Presentations/proclamations/Recognitions/Donations: Mayor: "We'll move onto 3B.1 " [The Mayor asks the entire council to join him in standing on the floor....] Presenter: On behalf of the City of Brooklyn Center, I would like to recognize...[XXX] for his/her achievements in [XXXXX]. [Presenter or recipient provides a very brief description of their accomplishment]. Please join me in honoring [recipient]. Presenter: Good Evening, Mr. Mayor and Members of the Council, the purpose of this agenda item is that we would like to acknowledge [XXX] for his/her achievements in [XXXXX]. [Presenter or recipient provides a very brief description of their accomplishment]. Please join me in honoring [recipient]. 8.Public Hearing 9.Planning Commission Items These are recommendations forwarded from the Planning Commission 10.Council Consideration Items Mayor: We will now proceed to agenda item 10-A [introduce topic] Presenter: Good Evening, Mr. Mayor and Members of the Council, the purpose of this council consideration item is to [Presenter provides a brief description of the item] Mayor: Let's move onto 10-8 Presenter: Good Evening, Mr. Mayor and Members of the Council, the purpose of this discussion item is to [Presenter provides a detailed discussion of item — can last as short as five minutes or as long as two plus hours] [Presenters and council engage in discussion in Q&A] 11.Council Member Reports and Announcements 12.Adjournment The meeting is done! YOUTH IN CITY GOVERNMENT DAY - PERMISSION SLIP Youth in City Government Day was created to welcome young people into the processes and structure of their local government — whose work directly impacts their lives every day. Through equipping young people with the understanding of how their communities work and how decisions are made, the event will cultivate and equip young people to become engaged, active, and informed citizens. The cities of Brooklyn Park and Brooklyn Center recognize that the best way to learn these processes and systems is by experiencing them. Youth in City Government Day offers young people (grades 10-12 who live in Brooklyn Park and Brooklyn Center) an opportunity to actively participate in government processes. There will be two separate events, one in each city, and young people will be able to participate in the event taking place in their own community. During the event, they will be paired with a Department Director or an elected representative (Mayor or City Councilmember) to learn more about their role and function within the cities. In addition to hearing about their role, each young person will have the opportunity to take on that role at the City Council meeting that evening. Those paired with City Council members will sit next to them and speak on their behalf throughout the meeting. Those paired with Department Directors will present an action item to the City Council. In this way, young people will have the opportunity to actually participate in the process of local government. Transportation can be coordinated to and from the event if needed. March 17th and March 24th 3-9:30 ;4(101±.7. I A'CF;N TICI? Drovktvn Bri gc:ALL lAi\ Youth: Bring this form, filled in and signed, to school to the Youth in City Government Day event. I give permission for my youth to participate in Youth in City Government Day .1 under- stand that students will be supervised and may be transported to and from locations within Brooklyn Park and Brooklyn Center by city staff members. I understand that I will be expected to provide transportation home from the event. Parent Name: Parent Contact Number: Parent Signature: Date: We make every effort to provide a safe and secure environment for your child during teaching/class/workshop events. In order to better to protect the safety and health of your child, we request that you provide the following information: In case of an emergency, We will contact the parent listed above. I/We request that the parent provide another contact (not living at the same address) who is authorized by the parent to act on his/her behalf should the parent not be available. Emergency contact: Name: Address: Phone Number: Relationship to Parent/Student: