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Home My WebLink About2007 06-25 CCP Regular Session i I I AGENDA CITY COUNCIL STUDY SESSION June 25, 2007 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn I r t CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of May, 2000, at 7:00 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 35 of the City Ordinances Regarding Church and Educational Uses. Auxiliary aids for persons with disabilities aze available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. ORDINANCE NO. 2000-06 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CHURCH AND EDUCATIONAL USES THE CITY COUNCIL OF TI-� CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City ofBrooklyn Center is Amended in the Following Manner: Section 35-314. RS Multiple Family Residence District. 3. ecial Uses d. Public and nrivate elementarv and secondarv schools offerina a reeular course of studv accredited bv the Minnesota Deoartment of Education provided nrimarv vehxcular access is vained to the use bU a collector or arterial street. Section 35-320. C1 Service/Office District. 1. Permitted Uses e. Places for religious �tses assemblies such as cha*aels, churches. temnles. a mosaues. s o�ues. Libraries az�d art u�lleries. ORDINANCE NO. 2000-06 3. Snecial tJses d. Educational uses including nost secondarv schools. business schools_, trade schools az�d the like. but excluding nublic and nrivate elementarv and secondarv schools (K-12L Section 35-322. C2 Commerce District 1. Permitted Uses d. Service/office uses described in Subsection �(b) through �(u), a� Subsection 1(w). and Subsection 3�cl of Section 35-320. h. Educational uses includix�� nost secondarv schools. business schools. trade schools and the like. but excludin� nublic and nrivate elementarv �d secon� schools (K-12` Section 2. This ordinance sha11 become effective after adoption and upon thirty days following its legal publication. Adopted this 22nd day of �Y 2000. l�iayor ATTEST: �aIL61�.. 1 Clerk Date of Publication Mav 31. 2000 Effective Date June 30, 2000 (Strikeouts indicate matter to be deleted, underline indicates new matter.) t I 6f. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE-OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RE`I'URNED CHECKS RESOLUTION NO. 2000-95, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE-OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. PUBLIC HEARING �a, AN pRDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CHURCH AND EDUCATIONAL USES City Manager Michael McCauley discussed that the Planning Commission studied the issue of permissible uses with respect to churches and school or educational uses in the general commercial districts, Cl and C2. Based on that study and review, this ordinance was developed and is offered for a public hearing this evening. The basic change in the ordinance is that in multiple family residence d.istricts, public and private elementary and secondary schools are set forth as a special use and provides that access must be through specified types of streets, collector or arterial. In the C 1 and C2 zone, it clarifies that the only educational uses that are permitted in general commercial areas will be post secondary schoals. It also clarifies that places of worship are pennitted uses and separates out and indicates that libraries and art galleries axe also permitted uses in a C 1 or C2 zone. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses passed unanimously. ORDINANCE NO. 2000-06, Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OS/22/00 -5- CHURCH AND EDUCATIONAL USES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLA.NNING COMIVIISSION APPLICATION NO. 2000-005 SUBMITTED BY CHARLES AND VIVIAN CLOUTIER REQUESTING A RESUBDIVISION TO UNCOMBINE, OR RESUBDIVIDE, TWO OF THREE UNDERLYTNG LOTS AND A VARIANCE TO ALLOW A SUBDIVISION OF LAND BY METES AND BOUNDS DESCRIPTION AT 5318 62ND AVENUE NORTH Mr. McCauley introduced Planning Commission Application No. 2000-005 submitted by Charles and Vivian Cloutier requesting approval to uncombine, or resubdivide, two of three underlying lots and a variance to allow a subdivision of land by metes and bounds description rather than by formal plat at 5318 62nd Avenue North. The three lots were combined into one parcel in the early 1960s for tax purposes. The uncombining or resubidiving of the lots requires City approval. The requested variance would allow a metes and bounds division of land that would leave resulting lots meeting the minimum lot width and area requirements and having no setback deficiencies or property line encroachments. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. There was a motion by Councilmember Peppe, seconded by Councilmember Nelson to approve Planning Commission Application No. 2000-005 submitted by Charles and Vivian Cloutier subject to the following two conditions: 1. The legal descriptions and survey showing the re-establishment of the underlying parcels and the division of land shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County and to acknowledge the newly established legal descriptions. Motion passed unanimously. Sb. PLANNING COMMISSION APPLICATION NO. 2000-006 SUBMITTED BY ERICK AND SUSAN BATES REQUESTING A SPECIAL USE PERIVIIT FOR A HOME OCCUPATION INVOLVING THE USE OF EQUIPMENT NOT CUSTOMARILY FOUND IN A RESIDENTIAL DWELLING AT 6413 NOBLE AVENUE NORTH Mr. McCauley introduced Planning Commission Application No. 2000-006 submitted by Erick and Susan Bates requesting a special use permit for a home occupation involving the use of equipment OS/22/00 -6- Mayor Kragness informed Ms. Spector that she had received calls about last year's construction project and wanted to know where the calls should be directed. Ms. Spector informed the Council that persons with concerns should contact the Engineering Department at 569-3340. RESOLUTION I'�TO. 2000-82 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTR.ACT, IMPROVEMENT PROJECT NOS. 2000-01, 02, AND 03, CONTRACT 00-B, GARDEN CITY CENTRAL STREET, STORM DR.AINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8h. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCE REGARDING CHURCH AND EDUCATIONAL USES Mr. McCauley discussed this ordinance amendment would clarify CI Districts regarding Church and Educational uses which the Council recently directed the Planning Commission to study. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance and set second reading and public hearing for May 22, 2000. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 7:45 p.m. Motion passed unanimously. 1 �L�� City Clerk Mayar 04/24/00 -10- MINUTES OF TI� PROCEEDINGS OF THE PLANNING COMI�IISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF 1��NNESOTA STLTDY SESSION SEPTEMBER 24, 1998 CALL TO ORDER The Plazuung Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Comm.issioners Stephen Erdmann, Edward Nelson, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planniiig and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Rex Newman was excused and Commissioner Graydon Boeck was absent. Mayor Myrna Kragness entered the meeting at 9:05 p.m. APPROVAL OF MINi7TES SEPTEMBER 10_ 1998 There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to approve the minutes of the September 10, 1998 meeting as submitted. The motion passed unanimously. Commissioner Erdmann absta�ned. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City CounciL The City Council makes all fmal decisions in these matters. AN ORDINANCE AMENDING CHAPTER 35 RFC'�ARDING C�H AN�EDUCA'�IONA� USES Chair Willson introduced Discussion Item a. "An ordinance amending Chapter 35 regazding church and educational uses." He called on Mr. Warren for his comments on the draft amendxnent circulated to the Commissioners. Mr. Warren reviewed the background to the proposed amendment to Chapter 35 of the City Ordinances. In September 1997, the Council established a 12-month moratorium on development of educational and religious uses in certain commercial and industrial areas of the City in order to re-consider the adequacy of e�cisting controls for such developments. The moratorium expires in October 1998. The issue was initially considered by the Planning Commission in September 1997. The matter was also reviewed by the Commission in April, 1998, at which time it was agreed that clarification of the terms: "educational" and religious" was necessary. 9-24-98 1 Mr. Warren reviewed and discussed with the Commissioners the recommended changes to: Section 35 RS Multinle Familv Residence District adds a Special Uses subsection to allow public and private elementazy and secondary schools under certain conditions; Section 35-320 Cl Service/Office District� adds clarifying religious use langua.ge in subsection l.e, c udin ublic and rivate elemen and and adds pazagraph 3.d. to allow educational uses ex 1 g p p secondary schools; and Section 35-222 C2 Commezce Distric adds cross-reference lan e and adds language clarifying educational uses. Mr. Warren noted a minor deletion to the added cross-reference proposed. During discussion, inclusion of "K-12" to fiu�ther clarify "educational" was recommended and agreed e"but not limited to" was ro osed and a eed u on to the "religious uses" upon. An added phras p p P clarifying language. The Commissioners reiterated its view that it is improper to regulate development of tax exempt operations through zoning. After considering the appropriateness of mixing educational and religious uses in commerciaUindustrial azeas, it was agreed that the building pemut process provides safeguards and standards for suitability of such combinations. Mindful of avoiding impediments to expansion, the commissioners discussed options under which a church (religious use) could add a school (educational use) to its operations. ACTION TQ�ECnl�'[MEND ADOPTION Ok' ORD�Q�TCE TO AMEND C�R 35 OF T� CITY nRDINANCES REGARDING CHi_7RCH AND EDUCATIONAL US�S There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to recommend to the Council that it adopt "An ordinance amending Chapter 35 of the City Ordinances regarding church and educational uses" as amended by the Commissioners. (A copy of the ordinance agreed upon by the Commissioners is made a part of these minutes by attachment.) Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, September 28, 1998 meeting. DISTANCE SEPARATIONS BET�VEF,N PAWN SHOPS AlVD OTH�R USES. Chair Willson introduced discussion item b: "distance separa.tions between pawn shops and other uses." and called on Mr. Warren for his comments. Mr. Warren reviewed the status of the Council's current development of pawn shop/second hand goods licensi.ng regulations. The Commission is requested to consider whether such operations should be sepazated by a certain distance from other uses based on zoni.ng requirements. During discussion, the Commissions concluded and agreed that distance separation in this instance does not fall within zoning requirements, but rather is a licensing issue. It was noted that ordinances 9-24-98 2 are not designed to regulate "peaple" (i.e. customers) who may wish to use a facility and cautioned against the appeazance of providing "exclusionary" opera.tions. The Commissioners declined to recommend any zoning changes to aceommodate distance separation in this instance, supported the 300' distance separa.tion of pawn shops from schools and day caze operations as a licensing requirement, and suggested the Council ma.y also wish to consider such separation from off-sale liquor establishments, half-way houses, and theaters. There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to directed Mr. Warren to convey the Commissions' conclusions regazdi.ng this matter to the City Council. The motion passed »n�nimously FUT[7RE MEETING DATES The ne�ct meeting of the Planning Commission is scheduled for Thursday, October 15, 1998. Mr. Warren briefly reviewed the agenda items for that meeting. A joint meeting with the City Council is scheduled for Thursday, December 1�, 1998. ADJOURT�TM�� There was a motion by Comrnissioner Ralin, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 9-24-98 3 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING APRIL 16,1998 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. APPROVAL OF MINUTES MARCH 26. 1998 There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to approve the �minutes of the March 26, 1998 meeting as submitted. The motion passed unanimously, with Commissioners Erdmann and Newman abstaining. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. N1r. Warren announced that Commissioner Brian Walker resigned from the Planning Commission efFective Mazch 26, 1998, because of a recent employment promotion. Cha.ir Willson requested that Mr. Warren formally notify the Mayor that a vacancy e�cists for the remainder of Mr. Walker's term which expires December 31, 1998. CHURCH AND SCHOOL USES IN COMMERCIAL AND 1NDUSTRIAL ZONES Chair Willson introduced the discussion on Interim Ordinanc� 97-11. Mr. Warren reviewed the background to the interim ordinance adopted in 1997 regarding educational and religious uses in a specific commercial and industrial area of the city. It had been determined that the cunent land use controls do not adequately address educational and religious uses in the subject area. Mr. Warren described the location of the specific area to which the ordinance applies and noted it could be considered the City's commercial and industrial core. During the effective period of the ordinance, no property within the area may receive any site plan, rezoning or license approvals, nor be developed, redeveloped, divided, consolidated, platted or replatted, nor can any special use or building permits be issued for any educational or religious uses. Mr. Warren noted that at least two projects were affected by the interim ordinance. The interim ordinance expires on October 4, 1998. 4-16-98 1 During discussion, Mr. Warren responded to questions from the Commissioners. Issues discussed included use of land with respect to jobs and growth of the city, definitions of "educational use" and "religious use," and purposes of zoning. Mr. Warren cautioned that decisions relating to these uses be based on zoning characteristics not on the use's tax exempt or non-tax exempt status. The Commissioners agreed that the staff should develop ordinance language based on the discussion that will include distinct definitions of educational and religious uses in order that the concems of the City Council regarding land use for these purposes may be addressed and clarified. The amended ordinance will be considered by the Commission at a future meeting for action. USES ABUTTING OPEN SPACE ZONES Mr. Warren referred to a draft memorandum dated 04-16-98 from the Commission to the Mayor and Council with respect to uses abutting open space zones. The Council had requested that the Commission review the appropriateness of certain land uses abutting open space zoning districts within the City. The Planning Commission had reviewed and discussed this matter at its meeting on February 1 lth and had directed the preparation of the memo in response to the Council's request. The commissioners reviewed the memorandum, made minor editorial changes, and unanimously reaffirmed the provisions of the current zoning ordinance regulating uses abutting open spaces, as outlined in the memorandum. There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to approve the memorandum with the modification, authorize the Chair to sign the modified document on their behalf, and forward it to the Council. The motion passed unanimously. OTHER BUSINESS The next meeting of the Planning Commission is scheduled for Thursday, Apri130, 1998. Mr. Warren responded to questions regarding various activities in the city including maintenance/repair work at an automobile dealership, fire and police building plans, pending renovation/development plans at various malls/shopping areas, temporary garden centers, and dumpsters. He also briefly commented on future meeting agenda items. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:10 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 4-16-98 2 MINUTES OF THE PROCEEDINGS OF THE PLA,NNING COMMISSION AND CITY GOUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT MEETING SEPTEMBER 1l; 1997 CALL TO ORDER The Planning Commission members and the City Council members met in a joint meeting convened by Mayor pro tem Carmody at 7:30 p.m. ROLL CALL Councilmembers Kathleen Carmody, Debra Hilstrom, and Kay Lasman; Pla�uung Cominission Chair Tim Willson, Commissioners Stephen Erdmann, Rex �lewman, and Brian Walker were present. Also present were City Manager Michael J. McCauley, Director of Community Development Brad Hoffman, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Arlene Bergfalk. Mayor Kragness and Commissioners Boeck, Holmes, and Reem were excused. APPROVAL OF PLANNING COMMISSION M1Ni_JTES AUGUST 14. 1997 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the Planning Commission meeting of August 14, 1997, as submitted. The motion passed with Commissioner Newman abstaining from the vote. Planning Commission Chair Willson welcomed the Councilmembers to the meeting and noted it is beneficial for the two groups to discuss City issues together. ORDINANCE TO ESTABLISH MORATORIIJM ON DEVELOPMENT OF EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Secretary Warren reviewed the background to the Council's recent adoption of an ordinance establishing a 12-month moratorium on development of certain uses in the City's commercial and industrial area. The Council took such action after determimn that the existin land use controls did not ade uatel address g g 4 Y various land use concerns in this area. He used an overhead transparency of a map to describe the C 1 a, C2, Il, and PUD districts affected by the ordinance. The moratorium will provide a"time out" period for further study to consider appropriate amendments to the Comprehensive Plan and zoning code to protect the planning process and the hea.ith, safety and welfare of City residents. Mr. Warren stated that these issues will be considered by the Planning Commission prior to Council discussion and action and may be included in the Comprehensive Plan update. City Manager McCauley further explained that it is crucial to methodically consider where certain types of growth/re-development should be encouraged in the City's industrial/comrnercial complex, to clearly 09-11-97 1 define land use, determine appropriate utilization and the effect on the City's tax base. He described several possible scenarios of educational uses in the zoning district. Following an open discussion, it was agreed that staff will develop and provide information and materials as a starting point for an extensive discussion of this issue, at the Planning Commission level, over the next several months. During the discussion, Pastor Judy Fornara, representing the Spiritual Life Church, spoke about the Church's current construction plans at Shingle Creek Parkway and Xe�es Avenue North and future plans for expansion of programs. She was assured that the moratorium ordinance will not affect the church's Application No. 97006, previously approved by the Council. COMPREHENSIVE PLAN UPDATE Mr. Warren reviewed the status of the Comprehensive Plan update. He explained the document is in administrative review and will be forwarded to the Metropolitan Council in substantially the same form as presented at the fmal Task Force meeting held on August 19, 1997. Following the Met Council's review of the document from a regional viewpoint, the Planning Commission will conduct a public hearing and make a recommendation to the City Council for final action by year-end. Mr. Warren indicated that statements on several issues including Brooklyn Boulevard, shoreland management ordinances, and certain lot sizes, may need to be added to the Plan update. The document will also be sent to neighboring communities and other entities for their comment. The commissioners and councilmembers agreed the Task Force established to review and update the Comprehensive Plan performed admirably. Chair Willson stated that the public members added a worthwhile perspective to the discussions. Councilmember Carmody expressed appreciation to the Planning Commissioners and task force members for their time and effort to update the City's Comprehensive Plan. Councilmember Hilstrom noted that now is the time that the City should be looking at the needs it has which might be funded through the State Legislature. She pointed out that these funding requests are now being compiled by Legislators and that the City should carefully prioritize its requests for possible submission. ADJOURNMENT The meeting adjourned at 8:55 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 09-11-9? 2 CITY OF BROOKLYN CENTER Notice is herebv given that a public h�arin�� will be held on the ?�th day of Au�ust 1997, at 7 p.m. or as soon thereafter as the matter may be heard nt the City Hall, 6301 Shingle Creek Parlcway, to consider An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and VVelfare of the Residents of the City, and Regulating and Restricting Development of Educational and Religious Uses in Czrtain Commercial and Industrial Areas of the Citv. :�u.�ciliary aids for persons �vith disabilities are available upon request at least 96 hours in adyance. Ptease contact the City Clerk at �69-3300 to make arran;ements. ORDINANCE NO. 97-11 NTERIl�I ORDINANCE FOR THE PUR.POSE OF PROTECTING THE PLA�NING PROCESS .�ND THE HEAL.TH, S�FETY, AND WELF:�RE OF THE RESIDENTS OF THE CITY, AND REGULATING Ai�ID RESTRICTING DEVELOPMENT OF EDUCATION.aI. :i�'�1D RELIGIOUS USES IN CERT.4IN COMNIERCIAL AND NDUSTRIAL :�REAS OF THE CITY THE CITY COLNCIL OF TI� CITY OF BROOKLI'N CENTER DOES ORD�N �S FOLLO�VS: Section 1. Backaround. 1.01. In connection with the consideration of various development or land use proposals in the City, City staff, the City's Comprehensive Plan Update Task Force, and the City Council have considered the potential impact of development of educational or reli;ious uses in certai.n commercial and industrial areas of the City. As a result of that review process, the Council has determined that the current land use controls do not adequatel� address various land use concerns in thes� areas. �mon� those concerns are that current controls on educational and religious uses in commercial and industrial zones are not adequate to: a. protect minors from undesirable or dangerous conditions that may eYist in commercial or industrial zones including noise, dust, fumes, traffic, and inappropriate social influences; b. preserve commercial and industrial !and for uses �vhich provide more jobs in the community; c. preserve commercial iand for uses �vhich provide convenient services and sho ina for re i e s d nts: PP d. presen�e commercial land for uses ��hich support �ther nearby commercial activities bv dra�vina sho ers to the area r a to multi le- t o sho in PP P P PP activities: I ORDI�1r�t�+CE �+0. 97-11 e. provide for placement of uses invot��in; minors in areas ot the City �vhich have adequate parks and recreational opportunities to which they have safe and reasonable access; and f. assure that uses in commercial zones are compatible and will not reduce property values of adjacent or nearby properties; impede orderly development or redevelopment; or cause disinvestment, decline in commercial activity, or urban decay and deterioration. 1.02. The Council has determined that there is a need for further studies to be conducted so that the City may adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety, and welfare. The Council has directed that such studies be undertal:en. 1.03. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such studies are completed, and any modifications to the City's Comprehensive Plan and zonina and land use re�ulations are effective. Section Determination. ?.O 1. This interim ordinance shall appiy to all of the following properties: �11 that properry zoned C1�, C2, I1, and PUD which is located within the area bounded by a continuous line beainning at a point located at the intersection of 69th and Humboldt Avenues North and going southerly along the centerline of Humboldt Avenue to T.H. 100; thence sou�ihwesteriy along the centerline of T.H. 100 to its intersection with Brookivn Boulevard; thence northerly along the centeriine of Brooklyn Boelevazd to its intersection with �9th Avenue North; thence easterly alon; the centerline of �9th Avenue e:ctended to Shin�le Creek; thence norrherly alon� the centerline of ShinQle Creek to Interstate 94/694; thence northwesterly along the centerline of Interstate 94/694 to its intersection with Xer�ces Avenue North: thence nor'lierly alon� the centerline of Xerxes :�venue to its intersection :vi*h �hinQle �reek Pazkway; thence northwesterly along the centerline of Sh�n,le Creek �arktivay to its intersection with 69th :��enue North; thence easterly alon� the �enterline of 69th Avenue to the point of be�innin�. ?.0''. Durin� the period this interim ordinance is in effect, no property within the subject ares may be deve?oged or redevelcped, nor shall anv site plan approvals, rezoninas, licenses (othzr th3n renew �lattinQs or replattinas, land divisions or consolidations, special u�e permits, or �uildina permits be issued by the Citv for anv educational or relisious us:.s. ORDI��CE \'0. 97-1I �.03. This ordinance shall remain in effect for one year followin� its effective date, unless earlier modified; repealed, ur extended by the City CounciL Section 3. �olicabilitv. 3.01. This ordinance applies to any application for site plan approvals, rezonings, licenses, piattings or replattings, land divisions or consolidations, special use permits, or building permits that have not received preiiminary approval by the City Council before the date of adoption of this ordinance. Section Effect on PendinQ A�nlications. -�.01 All applications subject to this moratorium which are pending or which are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Siatutes, Section 1�.99. The City iVlanager shall cause notification of such denial to be �iven to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be retumed or refunded to the applicant. Section Effecti�•e Date. �.0 1. This ordinance sha11 become effective after adoption and upon thirty 0) days followin� its leaal publication. �dopted this 25th day of au�st 1997. ��ti+� �c_a..� �(/L Nfayor �J� t� r �TTEST: `��'�/LDYI �hiy�%�%� Citv Clerk Date of Publication SentP�ber 3, Ig�7 Effective Date Octeber 3. 1Q97 (Brackets indicate matte: to be deleted, underline indicates �ew matter.) 1' i�e i i� i;� i i i= t� i: e i� i i° i:� S�� i' r i i.� i t� ii r� f� s 1� (i f! �t f� :f i! 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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. —Linda Hanka, 5517 James Avenue 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. 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. June 1 l, 2007 Study Session 2. June 11, 2007 Regular Session 3. June 1 l, 2007 Work Session 4. June 18, 2007 Joint Work Session w/ Financial Commission/Special City Council Meeting b. Licenses c. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2006-09, Contract 2006-C, Reforestation of 2005 Street Improvement Project Areas. 8. Presentations/Proclamations None 9. Public Hearing a. An Ordinance Vacating a Portion of Street Right-Of-Way: 5�' Street North Located South of 67�' Avenue North CITY COUNCIL AGENDA -2- June 25, 2007 —This item was first read on May 29, 2007; published in the official newspaper on June 7, 2007; and is offered this evening for second reading and Public Hearing. •Requested Council Action: —Motion to open the Public Hearing. —Take public input. —Motion to close the Publia Hearing. —Motion to adopt ordinance. 10. Planning Commission Items None 11. Council Consideration Items a. Resolution Supporting Hennepin County State Aid Highway 10 (Bass Lake Road) Restriping Project •Requested Council Action: —Motion to adopt resolution. b. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2007-11, Lift Station No. 2 Force Main Improvements •Requested Council Action: —Motion to adopt resolution. c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees •Requested Council Action: —Motion to adopt resolution. d. Resolution Authorizing Replacement of Street Lights along the Southern Portion of Shingle Creek Parkway •Requested Council Action: —Motion to adopt resolution. 12. Adjournment ��_r v .v. l� ��1��. ��.1�� Office of the City Clerk City of Brooklyn Center A Midlennium Community MEMORANDUM TO: Curt Boganey, City Manager FROM: Camille Worley, Deputy City Clerk ��-YY1,Ul.�.Q 1�� DATE: June 25, 2007 SUBJECT: COLTNCILMEMBER O' CONNOR: Requested Change to Minutes Councilmember O'Connor requested the following change to the Regular Session minutes of June 11, 2007: Pa�e 5 City Attorney Charlie LeFevere stated it would be confirmed whether or not an affidavit is required by State law and whether the Charter Commission can further amend Section 4.04 or if a special election is necessary. He stated the City Council can move forward with the ordinance and the Charter Commission should be informed of the minor language changes. He stated the title as presented is not underlined, perhaps indicating that the title is not intended to be changed from the current title which is: FILE BY nn n�TrTrn,.T AFFIDAVIT. Councilmember O'Connor moved and Councilmember Lasman seconded to approve first reading of ordinance as lon� as the title is not chan�ed and remains ��°�a�°~�+ U°�*�^r '�°�r�: FILE BY AFFIDAVIT �'��D ��TTr''rn'`T and set second reading and Public Hearing for July 9, 2007. (�1�� indicates matter to be deleted, underline indicates new matter.) i 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org i Gt 1� S C o{r I(� G-�t 10. The special use pernut is subject t� all applicable codes, ordinances and regulations. Any violations thereof could be grounds for revocation. 'n landsca e lan d ated Ma 28 2007 is c onsidered to be sufficient screening 11. The screem g/ p p y consistent with Section 35-711 of the City Ordinances provided the plan is modified to eliminate the portion of the screen fence along the west side of the parking lot and the addition of four more evergreen trees along the west side of the church property to the south of, and in line with, the evergreen trees shown on that plan. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS lla. AN ORDINANCE AMENDING CHAPTERS 3 AND 4 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 3.11 AND 4.04 Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of ordinance and set second reading and Public Hearing for July 9, 2007. Councilmember O'Connor voted against the same. Motion passed. There was discussion on the fact that a unanimous vote is needed ta move the ordinance forward. There was discussion re ardin Section 4.04 where concern for clarity was raised. It was indicated g g that the title: FILE BY AFFIDAVIT FEE OR BY PETITION is confusing and should not include the word Affidavit. City Attorney Charlie LeFevere stated it would be confirmed whether or not an affidavit is required by State law and whether the Charter Commission can further amend Section 4.04 or if a special election is necessary. He stated the City Council can move forward with the ordinance and the Charter Commission should be informed of the minor language changes. He stated the title as presented is not underlined, perhaps indicating that the title is not intended to be changed from the current title which is: FILE BY ./a �"`�'Z Mr. Boganey stated the Charter Commission will receive a copy of the minutes and the proposed changes along with information on the cost of a special election. Councilmember O' Connor moved and Councilmember Lasman seconded to approve first reading of ordinance v��«� ^u��*��e-o�'rt'��5n `*"�ix�g` FILE BY d set second reading and Public Hearing for July 9, 2007. v °l S '°�'L C Cl S�1 T(e S 0� C�'l.Q �'LG/ C as ed unanimousl 6 V'�2-v►�-c� "..s� Motion s y VL P llb. RESOLUTION NO. 2007-85 ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL STATEMENT FOR THE YEAR ENDED DECEMBER 31, 2006 Mr. Boganey introduced the item and stated the purpose of the proposed resolution. 06/ 11 /07 -5- DRAFT Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Curt Boganey, City Manager FROM: Camille Worley, Deputy City Clerk �;1�-+^n,�J�t.P l.t�t�itJt-a�'a DATE: June 25, 2007 SUBJECT: COUNCILMEMBER LASMAN: Requested Change to Minutes Councilmember Lasman requested the following change to the Joint Meeting with the Financial Commission minutes of June 25, 2007: Pa�e 3 #8 Propertv Taxes will be �a Lowered or Maintained (r*r�',�� indicates matter to be deleted, underline indicates new matter.) 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 I City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org Camille Worley From: Curt Boganey Sent: Friday, June 22, 2007 8:35 AM To: Camille Worley Cc: Sharon Knutson Subject: FW: minutes correction Please prepare ehanges to minutes. From: Kay Lasman Sent: Friday, June 22, 2007 1:20 AM To: Curt Boganey Subject: minutes correction June 18 joint work session, pg. 3#8-Property tax lowered (not louvered)... 11d-could we get information on the lumens (I think that is what it's called-measurement of light cast) on each of the proposed street light models? Type "O" on page 1 of the work session "Council action" page-paragraph 1, number 4-ordinance is spelled wrong. 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 JLJNE 11, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:04 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Director of Fiscal and Support Services Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested the following change to the Joint Meeting with the Crystal City Council minutes of May 29, 2007: Pase 1 The Brooklyn Center City Council met in a Joint Meeting with the Crystal City Council at City Hall called to order by Mayar Pro Tem Kav Lasman T�m at 6:00 p.m. Mayor Pro Tem Kav Lasman T:� �I':"�� and Councilmembers Mary O'Connor and Dan Ryan��A4�r�� k. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, and Deputy City Clerk Camille Worley. Mavor Tim Willson and Councilmember Mark Yelich were absent and excused. Councilmember Yelich requested the following change to the Joint Meeting with the Crystal City Council minutes of May 29, 2007: Pa�e 1 and 2 Hennepin County representatives Robert Byers and Gregory Schneider displayed a map of Bass Lake Road from Brooklyn Boulevard to HWY 81 and distributed traffic statistics. The concerns expressed at the open house were discussed along with the benefits and disadvantages of both a three-lane roadway and a four-lane roadway. 06/11/07 -1- DRAFT Councilmember O'Connor requested the following change to the Work Session minutes of May 29, 2007: Page 2 An opinion was expressed that the water tower is an icon of the City and should be preserved. There was also an opinion expressed that the water tower does not need to be painted this year and therefore �s paintin� should be delayed. There was discussion on the possibility of the tower collapsing, grant expiration, and increase in repair costs. It was the majority consensus of the City Council to accept the proposed changes to the minutes. Additional information was requested on the Earle Brown Heritage Center water tower project including the toxic paint to be removed. City Manager Curt Boganey stated the project would be returned to the Economic Development Authority for consideration. SET DATE AND TIME FOR ADDITIOANL BUDGET WORK SESSIONS WITH FINANCIAL COMMISSION Mr. Boganey requested that an additional item be added to the regular City Council agenda setting the date and time for additional Work Session meetings with the Financial Commission on June 18, 2007 and July 30, 2007 at 6:30 p.m. It was the ma'ori consensus of h h 1 B d et Work Sessions with the ty t e City Council to o d two u g Financial Commission on June 18, 2007 at 6:30 p.m. and July 30, 2007 at 6:30 p.m. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS USED AUTOMOBILE LICENSE ORDINANCE Mr. Boganey explained that the City has scheduled a public hearing on the revocation of an Automobile Dealership license for Brookdale Ford. He explained that after scheduling the public hearing it is the opinion of staff that the City would be better served if an ordinance amendment was considered, improving enforceability. He suggested discontinuance of the public hearing, allowing staff to work with the City Attorney to make appropriate revisions to the ordinance and return to the City Council for review and consideration. He stated the proposed amendments would be consistent with goals of the current ordinance, to establish standards for used car dealerships. He stated options requiring used car dealerships to meet reasonable standards would be returned to the City Council. He added that the City Attorney would review the ordinance before it is presented to the City Council. City Attorney Charlie LeFevere stated a hearing open to the public is scheduled for June 25, 2007, allowing an opportunity for staff to present information on the ordinance and the applicant to present evidence on his behalf. He stated Brookdale Ford would be notified that the City is 06111/47 -2- DRAFT not moving forward with the hearing to reevaluate the ordinance and there will be no need for action until the ordinance is amended. It was the majority consensus of the City Council to discontinue the hearing scheduled for June 25, 2007. COUNCIL TRAVEL POLICY There was discussion on the current City Council Travel Policy. The amount each City Council Member receives for travel expenses was discussed and it was indicated that the budgeted amount will be discussed by the City Council and is typically determined based on the current policy. It was the majority consensus of the City Council not to amend the policy at this time. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded to close the Study Session at 6:46 p.m. Motion passed unanimously. 06/11/07 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JiJNE 11, 2007 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, Director of Fiscal Support Services Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Allan Hancock, 5520 Freemont Ave, presented information on Rain Barrels and described the benefits of using such a stormwater collection method. It was suggested that information on Rain Barrels be provided in the City Newsletter for interested residents. City Manager Curt Boganey stated he would report back to the City Council on the use of Rain Barrels. He stated infortnation would be included in a future City Newsletter. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich offered a moment of silence and reflection as the Invocation. 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 06/11/07 -1- DRAFT Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, Director of Fiscal Support Services Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan stated in the interest of time, he had nothing to report. Councilmember Lasman reported attending the May 15 Parks Tour where park usage was reviewed and critiques were given for future improvements. She reported attending the May 18 Crime Prevention Golf Tournament Fundraiser and encouraged future participation. She reported attending the May 29 Joint Work Session with the City of Crystal where discussion was held on the future Bass Lake Road project, deer population issues, and trail systems. Councilmember Yelich passed on the opportunity to provide a Council Report. Councilmember O'Connor reported attending the Earle Brown Days Board of Directors meeting and summarized the events scheduled for the festival. Mayor Willson thanked the City Council, City Staff, Police Department, and Fire bepartment for the compassion and condolences in the sudden death of his 23 year-old daughter. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda as amended, with the additional Item No. 11 e. under Council Consideration, with amendments to the May 29, 2007 Joint Work Session with Crystal minutes and May 29, 2007 Work Session minutes, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. May 29, 2007 Joint Work Session with Crystal 2. May 29, 2007 Regular Session 3. May 29, 2007 Work Session 4. June 4, 2007 Joint Work Session with Financial Commission 7b. LICENSES FIREWORKS-PERMANENT Walgreens 6390 Brooklyn Blvd GARBAGE HAULER Ace Solid Waste, Inc Ramsey, MN BFI Waste Systems Circle Pines, MN Walz Brothers Sanitation Maple Grove, MN 06/11/07 -2- DRAFT LIOUOR Boulevard's Bar Grill 2545 Co Rd 10 [contingent upon submittal of Workers' Compensation Insurance Coverage, copy of Hennepin County Food License, and payment of license fees, approval by State AGED, and Building Official's issuance of Certificate of Occupancy] MECHANICAL Nasseff Mechanical Contractors 122 S. Wabasha, St. Paul United Heating A/C 1295 Hackamore Road, Medina Wencl Services, Inc. 8148 Pillsbury Ave S, Bloomington RENTAL Renewal (There were no calls for service for the following) 6912 Unity Ave N(Single Family) Geri Lynn Williams Initial 5240 Drew Ave N(1 bldg, 10 units) Bradley Schumacher 3 disturbing the peace Th r e e were no calls for i f r h f 11 win servi ce o t e o o g) 6807 Humboldt Ave N#302 (Single Family) Erik Ostigaard 5617 Logan Ave N(Single Family) Darwin Marcia Kulzer SIGNHANGER Universal Sign Company 1033 Thomas Ave, St. Paul 7c. RESOLUTION NO. 2007-83 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2007 Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2007-84 EXPRESSING APPRECIATION FOR THE DONATION OF JAMES AND LORI DEAN IN SUPPORT OF THE BROOKLYN CENTER COMMUNITY CENTER City Manager Curt Boganey introduced the item and discussed the purpose of the proposed resolution. He discussed the exercise equipment that was donated which will significantly benefit the citizens, allowing the City to provide services to residents at a reduced price. He stated he anticipates that by marketing, memberships will increase, funding the annual cost of maintaining and replacing the equipment. Councilmember Yelich moved and Councilmember Lasman seconded to adopt Resolution No. 2007- 84 Expressing Appreciation for the Donation of James and Lori Dean in Support of the Brooklyn Center Community Center. Motion passed unanimously. 06/11/07 -3- DRAFT 9. PUBLIC HEARING There was not a Public Hearing scheduled for this meeting. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007-009 SUBMITTED BY BROOKLYN CENTER CHURCH OF THE NAZARENE. REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL FOR A THREE PHASE CHURCH ADDITION AND PARKING LOT EXPANSION AT 501 73RD AVENUE NORTH. THE CITY COUNCIL TABLED THIS ITEM ON MAY 14, 2007, AND REQUESTED THE PLANNING COMMISSION'S REVIEW AND COMMENTS ON A PROPOSED LANDSCAPE SCREENING PLAN ALONG THE WEST PROPERTY LINE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 31, 2007, MEETING. Mr. Boganey introduced the item and discussed the history of Planning Commission Application No. 2007-009. He explained that the City Council should act on the item tonight otherwise, due to time constraints, the application will be approved as previously submitted unless the City Council takes a 60-day extension, with proper notification. Planning and Zoning Specialist Ron Warren discussed the information presented in the staff report. Councilmember Yelich moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2007-009 subject to the following conditions recommended by the Planning Commission: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building pertnits. 2. Grading, drainage, utility and erosion control plan are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. B612 curb and gutter shall be provided around all parking and driving areas. 6. An as built survey of the property, improvements and utility service lines shall be submitted to the Ci En ineerin De artment. �Y g g P 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standards specifications and details. 8. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department and shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 9. A special use permit is granted to the Brooklyn Center Church of the Nazarene to expand the church in the proposed three phase development and to provide for a Metro Transit Park and Ride facility as comprehended by these plans. Any expansion or alteration of this site, not comprehended by the zoning ordinance or by these approved plans shall not be authorized and would be subject to an amendment to the special use permit. 06/11/07 -4- DRAFT 10. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof could be grounds for revocation. 11. The screening/landscape plan dated May 28, 2007 is considered to be sufficient screening consistent with Section 35-711 of the City Ordinances provided the plan is modified to eliminate the portion of the screen fence along the west side of the parking lot and the addition of four more evergreen trees along the west side of the church property to the south of, and in line with, the evergreen trees shown on that plan. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS lla. AN ORDINANCE AMENDING CHAPTERS 3 AND 4 OF TI3E BROOKLYN CENTER CITY CHARTER; SECTIONS 3.11 AND 4.Q4 Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of ordinance and set second reading and Public Hearing for July 9, 2007. Councilmember O'Connor voted against the same. Motion passed. There was discussion on the fact that a unanimous vote is needed to move the ordinance forward. There was discussion regarding Section 4.04 where concern for clarity was raised. It was indicated that the title: FILE BY AFFIDAVIT FEE OR BY PETITION is confusing and should not include the word Affidavit. City Attorney Charlie LeFevere stated it would be confirmed whether or not an affidavit is required by State law and whether the Charter Commission can further amend Section 4.04 or if a special election is necessary. He stated the City Council can move forward with the ordinance and the Charter Commission should be informed of the minor language changes. He stated the title as presented is not underlined, perhaps indicating that the title is not intended to be changed from the current title which is: FILE BY FEE OR PETITION. I Mr. Boganey stated the Charter Commission will receive a copy of the minutes and the proposed changes along with information on the cost of a special election. Councilmember O'Connor moved and Councilmember Lasman seconded to approve first reading of ordinance with amendment to the title of Section 4.04 being: FILE BY FEE OR PETITION and set second reading and Public Hearing for July 9, 2007. Motion passed unanimously. llb. RESOLUTION NO. 2007-85 ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL STATEMENT FOR THE YEAR ENDED DECEMBER 31, 2006 Mr. Boganey introduced the item and stated the purpose of the proposed resolution. 06/11/07 -5- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007-85 Accepting the Comprehensive Annual Financial Statement for the Year Ended December 31, 2006. Director of Fiscal Support Services Dan Jordet responded to an inquiry by explaining that the City's net assets reflected in the financial report are correct and explained the calculation of the net assets. Councilmember O'Connor voted against the same. Motion passed. llc. RESOLUTION NO. 2007-86 APPROVING FINAL PLAT FOR LINCOLN CROSSING Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember O'Connor seconded to adopt RESOLUTION NO. 2007-86 Approving Final Plat for Lincoln Crossing. Motion passed unanimously. lld. RESOLUTION NO. 2007-87 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007-87 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. lle. SPECIAL WORK SESSION MEETINGS WITH FINANCIAL COMMISSION JUNE 18 AND JULY 30 AT 6:30P.M. Councilmember Lasman moved and Councilmember Yelich seconded to set the dates of Special Work Sessions with the Financial Commission to discuss the 2008 Budget on June 18, 2007, and July 30, 2007 at 6:30 p.m. in the Council/Commission Conference Room. Motion passed unanimously. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 06/11/07 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 11, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City CouncilBconomic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:13 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Community Development Director Brad Hoffman, and Deputy City Clerk Camille Worley. 94/694 HWY 100 REDEVELOPMENT AREA City Manager Curt Boganey stated the purpose of the item is to follow-up on previous discussions regarding the future of this area and to develop a consensus of the City Council on the following three issues: What is the preferred redevelopment alternative, Should a development subsidy be provided, and What is the preferred marketing/redevelopment strategy. He summarized the following information: The Context, TIF DISTRICT #3, Benefits of Alternative Uses, Subsidy Required, Marketing/Redevelopment Strategy, and In the interim other opportunities may be presented. There was discussion on the information presented where the following opinions were expressed: Office/Showroom not appropriate and the City should pursue other routes (corporate office) to increase jobs in the city, increase the tax base, and to have a quality building on the site. Land Value should be reviewed and increased if possible. The parcel should be redeveloped to grow and further develop the City. The opportunity is a once in a longtime opportunity and should utilize the property in the best manner. The site should have a good architectural design to gather attention. Taxes have been lost on the site since the City purchased it. The City will be spending $8,000,000 by the end of the project when the land value is only $4,500,000. Community Development Director Brad Hoffman stated the developers who spoke to the City Council were frank and correct about the current status of the market. He stated office/showroom would be a faster solution; however the City has a very unique situation because parcels of this size along the I94/694 corridor are sparse and groups are looking for this type of property. He stated the corporate office market is starting to recover in northwest suburbs. He stated it is worth the wait to see what developments will present themselves and a Class A office building would have a profound impact on the City. 06/11/07 -1- DRAFT It was the majority consensus of the City Council to pursue a Corporate Office using a Master Developer agreement as the method. It was the majority consensus that the City Council should be prepared to offer all or a portion of the land as a subsidy for the right development. MISCELLANEOUS Concern was raised regarding the City's ability to handle protests related to the Republican Convention due to the number of hotels in the City. Mr. Boganey responded that the likelihood of protests in the City is remote, however not an issue that will be ignored. He stated as we get closer to the event, the City will be monitoring the situation and acting accordingly. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Yelich seconded adjournment of the City Council/Economic Development Authority Work Session at 9:24 p.m. Motion passed unanimously. 06/11/07 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION/SPECIAL CITY COUNCIL MEETING JUNE 18, 2007 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Camille Worley. Others present were Financial Commission Chairperson Mark Nemec and Commissioners Philip Berglin, Todd Boster, Jessica Roerick, Susan Shogren Smith, and Rex Newman. Financial Commissioner Gene Maze was absent and unexcused. RESOLUTION NO. 2007-88 IN SUPPORT OF A 2007 SPECIAL LEGISLATIVE SESSION TO CONSIDER THE OMNIBUS TAX BILL (CITY COUNCIL ONLY) An opinion was expressed that cities should not receive aid and therefore should take care of themselves. Councilmember Lasman moved, Councilmember Ryan seconded to approve Resolution No. 2007-88 in Support of a 2007 Special Legislative Session to Consider the Omnibus Tax Bill. Councilmember O'Connor voted against the same. Motion passed. BUDGETING FOR OUTCOME DISCUSSION a. GENERAL OVERVIEW b. SET THE PRICE OF GOVERNMENT c. ESTABLISHING THE PRIORITIES OF GOVERNMENT 06/11/07 -1- DRAFT City Manager Curt Boganey referenced: Your Budget: From Axe to Aim and discussed the following first two steps adopted by The Government Finance Officers Association as a "recommended practice:" 1. Determine how much money is available. 2. Prioritize the results desired. He discussed setting the Price of Government, how much citizens are willing to spend and how it relates to the City of Brooklyn Center. He distributed and discussed the revenues collected by the City and the 2008 forecast of such. He also discussed Tax Increment Revenues, Franchising Fees, Lodging Fees, Unrestricted Investment Income, Charges for Service, Grants and Contributions, and Utilities. He asked the City Council and Financial Commission what they thought was acceptable for the citizens of Brooklyn Center and if the current taxation is too low, about right, or too high. There was discussion on the current taxation of Brooklyn Center and an opinion was expressed that the housing market may affect the amount citizens are able to pay. An opinion was also expressed regarding the loss of businesses in the City and its effects on the distribution of taxes throughout the City. Fiscal and Support Services Director Dan Jordet explained the effects of Tax Increment Financing and vacant businesses on the amount paid by tax payers. Mr. Boganey discussed the Price of Government being all things considered including property taxes, utility rates, and charges for services. He opened the discussion of what Price of Government increase, if any would be acceptable to Brooklyn Center residents. There were several opinions expressed regarding the appropriate Price of Government. It was the majority consensus of the City Council and the Financial Commission to use an increase of 2% in the Price of Government over the current year's budget as a maximum budget target. Each member of the City Council and Financial Commission indicated three ways success will be measured in regard to the eight goals set by the City Council. Following are the results of the exercise: #1 Chan�ing Demogranhics and Increasin� Diversitv will be a Communitv Asset 1. NeighborhoodsBusinesses 2. Representation of Government and Staff 3. Civic and Recreation Community Events #2 Enforcement of Nei�hborhood Citv Codes will Imnrove 1. Violation and Complaints Resolved Promptly 2. Residential and Commercial Neighborhoods Look Better 06/11/07 -2- DRAFT I 3. Housing Values Improve 4. Rental Properties Properly Licensed #3 Citv Infrastructure will be Maintained and Uugraded as Needed 1. Reduce/Improve Average Age of Infrastructure 2. Reduce Cost of Operations 3. Fewer System Failures 4. Increase in Property Values #4 Communitv Members will Feel Safe and Secure as Crime is Bein� Reduced 1. Reduced Crimes in Targeted (problem) Areas/Properties 2. Citizen Feedback/Perception 3. Reduced Crime Rates in all Classes of Crimes #5 Citv Redevelonment Plans will Proceed Agressivelv 1. Tax Base Growth 2. Completion of Current Projects 3. Reduced Need for Tax Increment 4. ReductioniEliminate of Budgeted Properties #6 Financial Stabilitv of the Citv Government will be Ensured 1. Bond Rating Maintained 2. Favorable Debt Ratio/Less Debt 3. Stability of Revenue Resources 4. Sufficient/Adequate Reserves #7 The Qualitv of the Egistin� Housin� Stock will Imnrove 1. Decrease Single Family Rental Property/Increase Owner Occupied Housing 2. Increase Remodeling Permits 3. Increase Median Income of Households 4. Reduced Housing Maintenance Violations #8 Proaertv Tages will be Louvered or Maintained 1. Eliminate/Reduce Captured T� Capacity 2. Citizen Feedback Perception 3. More LGA 4. Increased Tax Base 5. No Increase in Tax Levy 6. Improved Comparative Ranking Mr. Boganey indicated that he would condense the results to the top three per goal and return the information to the City Council and Financial Commission. 06/11/07 -3- DRAFT OTHER BUSINESS There was no Other Business discussed. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to adjourn the Work Session at 10:50 p.m. Motion passed unanimously. 06/11/07 -4- DRAFT COUNCIL ITEM MEMORANDUM I TO: Curt Boganey, City Manager M Camille W�rley, )eruty City Clerk DATE: June 21, 2007 SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its June 25, 2007, meeting. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. GARBAGE HAULER Aspen Waste Systems, Inc. Minneapolis, MN Randy's Sanita.tion, Inc. Delano, MN MECHANICAL Aurora Mechanical 4032 Diamond St, Eagan Delta Mechanical Services 1006 Tanney Lane, Hudson WI Knight Heating Air 13535 89�` St NE, Otsego Westair, Inc. 1184 River Rd NE, Hanover I RENTAL Renewal (There were no calls for service for the following) 3806 Eckberg Dr. (Single Family) Jesus Preciado 5329-41 Drew Ave N(2 Buildings, 2 Units) Williaxn H. Washingtron 35U1, 3513 47th Ave N(2 Buildings, 22 Units) Richard Grommes 501 Bellwe Lane (Single Family) Dragon Properry Management 1107 57th Ave N(1 Building, 4 Units) Bob and Sally Robson 2741 Freeway Blvd (Mote16 Mgr's Apt. 1 unit) Mote16 Manager's Apartment 5800, 20, 30 Logan Ave N(3 Buildings, 22 units) Farnaz Toussi 3813 62nd Ave N(Single Farnily) John T. Maclin (Properties with calls for service below the threshold) River Glen Apts. (8 Buildings, 28 Units) �ary Brummer 1-assault, 3 burglaries, 1 weapons, 1 arson, 1 fire, 1 rules regs, 8 auto thefts, 1 alarm, 3 crimes against famiiy 5936 York Ave N(Single Family} Stephen Philtips 1 disturbing 6737 &6743 Humbolt Ave N Valle Investment Management Y (Humbolt Sq. Apts. 2 Buildings, 18 Units) 1 assault, 1 disturbing, 1 narcotic/drug Initial (There were no ca11s for service for the following) 401 Bellvue Lane (Single Family) Robert Hildreth 5421 Lyndale Ave N(Single Family) Robert Hildreth 5352 72nd Circle N(Single Family) Janet Ferenc 6807 Humbolt Ave N No.103 (Single Family) Terrell Griffin SIGNHANGER Kaufinan Sign Company 2714 East 33 Street, Minneapolis Budget Issues: There are no budget issues to consider. ��.4 �✓�l. COUNCIL ITEM MEMORAND[JM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works �1 DATE: June 18, 2007 SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2006-09, Contract 2006-C, Reforestation of 2005 Street Improvement Project Areas Recommendation: Public Works staff recominends that the Brooklyn Center City Council accept the work performed and authorize final payment for Improvement Project No. 2006-09, Reforestation of 2005 Street Improvement Project Areas. Background: On Apri124, 2006 the City Council awarded Contract 2006-C to Fair's Garden Center for planting of new trees to replace trees removed from the boulevards of properties during construction of the 2005 Lions Park Neighborhood Street and Utility Improvement project. The City's reforestation program allows property owners to replace one tree for every mature tree lost. Fair's Garden Center has completed the tree installati.on work and is now requesting final payment for the project. Budget Issues: The original contract amount for the reforestatio� work was $26,522.00. There are no proposed change orders for the project. The final contract payment amount is $26,522.00. Funding for reforestation is budgeted from the Street Reconstruction Fund. Reforestation of 2005 Street Improvement Project I Member introduced the following resolution and moved its ado tion: P RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2006-09, CONTRACT 2006-C, REFORESTATION OF 2005 STREET IMPROVEMENT PROJECT AREAS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Fair's Garden Center has completed the following improvement in accordance with Contract 20U6-C: Improvement Project No. 2006-09, Reforestation of 2005 Street Improvement Project Areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Fina1 payment shall be made on Improvement Project No. 2006-09, Contract 2006-C, Reforestation of 2045 Street Lnprovement Project Areas, taking the contractor's receipt in full. The total estimated amount to be paid for said improvements under said contract shall be $26,522.00. 2. Funding for Impmvement Project No. 2006-09 shall be derived from the Street Reconstruction Fund. June 25, 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolutian was duly seconded by member and upon vote being taken thereon, the followi.ng voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a i. �1 .A�. I�� e COUNCIL ITEM MEMORANDUM TO: Curt Baganey, City Manager FROM: Todd Blomstrom, Director of Public Works DATE: June 19, 2007 SUBJECT: An Ordinance Vacating a Portion of Street Right-of-Way: S Street North Located South of 67 Avenue North Recommendation: Public Works staff recommends that the Brooklyn Center City Council conduct a public hearing and approve the atta.ched ordinance vacating certain portions of public street right-of-way along S Street North. Background: On May 29, 2007 the City Council conducted a first reading of an ordinance to vacate a portion of street right-of-way along a short segment of 5�` Street located south of 67�' Avenue North. The location of the proposed vacation is provided on the attached figure. The developer of the Lincoln Crossing site has requested that the City vacate this right- of-way as part of the proposed site development approved by the City Council under Planning Commission Application No. 2007-005. This application involves the platting and redevelopment of the land locate�l north of the Holiday Station Store at the intersection of 66 Avenue and State Highway 252. The portion of public right-of-way being considered for vacation is not necessary for street purposes under the redevelopment plan for Lincoln Crossing. Street access onto 67�` Avenue will not be allowed with the proposed site improvements. The applicant is proposing to dedicate drainage and utility easement with the Final Plat of LINCOLN CROSSING to allow the City to maintain access to the existing public water main and sanitary sewer extending through this segment of 5 Street right-of-way. Consistent with the City Charter, this item was first read on May 29, 2007, published in the official newspaper on June 7, 2007 and is presented for the second reading and public hearing by the City Council. Budget Issues: The applicant is required to pay a cash fee in the amount of $125 as part of the application process to vacate the street easement. S`�` Street Right-of-6i'ay Vacation Ordinance Ciry ofBrooklyn Center ��s;�ix �;��j�� I j�,]t t I 4 i �``1 j fi R�; �i i I �i� i I Ru k 3 i r f' i ��I�i i 1 1y� c� 7 �f��j s, �.1 ,o I 3 j a� c� L R M il�� rr� _a'V; g i _.:S�t::<=� T I e I n �t A (,1 f l a r y ��r •::�a. is i� j i a,"' y 4 E H I r�_ r Y�i 1 r ��w��.�irrrM� +w aw i M I I N00'OTN't i __�L� f ..+i i�-+ y o r V I 3NNIM1 �s (,L��aVd34 V105 1 �,quvl� j��q�H 3svls) pZ-Ll (OVOaI 153M �P ZBZ ON 1`� I I I 1 I 1 I I I A ..>...o�e.oj.,o. e i'�ii iii .g�� a�� gF�� 9= R ..�.r. f N b M: rr r i1�1�'n�' IM""ho y�.�'� u�Ci� .��$$��a i �ir�iw�r ur a rrr �s �w �r ar �r. a�r r�o M�b di'O w0�LL1M mIR�. 1fl �.w F�1M r.. �aw�.-.v MMN.EY COAtYERpAL MIC. or� �w.,e. u.� e.sr_ ��s. t�t�ErEwr wrawr o..r �BIE CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of June, 2007, 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 vacating a portion of right of way on 5�' Street North south of 67�' Avenue North. 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 VACA'TIl�TG A PORTION OF STREET RIGHT OF WAY: 5� STREET NORTH LOCATED SOUTH OF 67 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLL�WS: Section 1. That part of 5�' Street North �ying south of the south right-of-way line of 67�' Avenue North is hereby vacated for street purposes: Beginning at the northwest corner of Tract M, Registered Land Survey No. 80, files of the Registrar of Titles, Hennepin County, Minnesata; thence south along the westerly line of said Tract M a distance of 100 feet to the southwest corner of said Tract M, thence North 86 degrees Ol minutes 45 seconds West a distance of 60.14 feet, thence North a distance of 100 feet to the northeast comer of Outlot A, RIVERWOOD TOWNHOMES on file at Hennepin County, Minnesota, thence easterly to the point of beginning. Section 2. This ordinance sha11 be effective after adoption and thiriy days following its legal publication and after the recording of the plat for LINCOLN CROSSING with Hennepin County, Minnesota. Adoptecl this day of 2007. Mayor ATTEST: City Clerk Date of Publicarion Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) ��.�.�:�,►�r�►��. �.�r�✓��:�� f thi�� e�t�� V�� MEMORANDUM TO: Mayo� and City Courxal FROM: Ctiut Bo�ey, City l��at�� DATE: June 21, 2007 StJBJEC'I': Proposed reconfiguration of CSAH 10 (Bass Lake Ro�d) Recommendation: Con�ideration of the resolution s�ting the reconfigura�tion of Hennepin Couaty St�te Aid Highway 10 is recornm�ded. Background: Sevelal mo�ths ago �e City Engineer Toc�d Blomstrom pme�nbed �e proposed Bass Lak�e Road reconfiguration project to tl�e City Council at a vv�orlc session, This s�t improvement project e�cbe�xls fi+oQn County Road 81 to Brooklyn Blvd Following work session the oouaty was advisod t3�at the City would be inte�ested in the CountY ha�ing �blic meetings to raceive c�mmmunity feadback on the p�njeck An open hause was held on Apri125'� ak the Crystal VFW. Th,e rresults of �e me�ing were mi�ced, with some res�id�ts in favor and some exp�ssing oo�rns. Following the infom�ational maeang tl�e G�tal City Cowicil adoptad a resolution in support of ProP� I�J� the ability to revisit t�e issue witi�in twn yeais and revert bacic to the curcent alignment if results were not favorable. On May 29'�" Brooklyn Center hosted a joint m�ting vvi� City of Crys�l. At this joirrt me�ting Hennepin County Staff pres�tad an overview of t�e 1�Po� 1�J� and explaix�ed the expected benefits including improved safety and availability of funding that would allow the project to proceed much sooner than any o�er improvement albemative. The County also stated that a reversion back in two ye�rs was not an acceptable corrting�cy di�e to tl�e changes in �e raad surFace that could not be i�vely reversed. Following t3�e discussion it was the oonsensus of the City Cauncil that approval of the proposed project should be conside�red. The proposed resolubion has be� prepared for your corisidermion. l�scal Lssues If app�oved, this pm�oject will be funded by Hecu�epin County. The Crty may incur minor costs estirnat�ed at less tlran $5000.00 for replaoeme�rt sevver cap rings needed for the �icker paverrient C: Todd Blomstrom Member introduced the following resolution and moved its adoption: RESOLUTTON NO. RESOLUTION SUPPORTING HENNEPIN COUNTY STATE AID HIGHWAY 10 (BASS LAKE ROAD) RESTRIPING PROJECT WHEREAS, there is a desire to improve traffic related safety conditions on Bass Lake Road between County Road 81 and Brooklyn Boulevard; and WHEREAS, the County has proposed restriping the road to one 12 foot traffic lane each direction, one 12 foot bi-directional left turn lane, and one 6 foot shoulder each side; and WHEREAS, Hennepin County Transportation Department staff has presented information to the City Council regarding anticipated safety benefits of the proposed road configuration; and WHEREAS, this work would be done at no direct fmancial contribution fram the City of Brooklyn Center; and WHEREAS, the adjoining City uf Crystal has approved the same project; and WHEREAS, a public informadon campaign and meeting has been conducted resulting in both positive and negative input from the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Council hereby considers the predicted decrease in accidents and average speed to be a net positive for the corridor resulting from the project and therefore supports the proposed restriping project. June 25, 2007 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 of Brooklyn Center A Millennium Community MEMORANDUM DATE: May 22, 2007 TO: Curt Boganey, City Manager �A� FROM: Todd Blomstrom, D�rector of Pubhc Works SUSJECT: Proposed Lane Reconfiguration Change along County State Aid Highway 10, Bass Lake Road The Hennepin County Transportation Department is considering a street improvement project along County State Aid Highway 10 (Bass Lake Road) extending from Brooklyn Boulevard in Brooklyn Center to County Road 81 in the City of Crystal. A project azea map is attached to this memorandum. The proposed project includes the installation of an asphalt overlay pavement surface and reconfiguration of the driving lanes. Hennepin County is considering a change in lane configuration as a potential method for reducing the accident rate along County Road 10. The proposed changes would involve re-striping this segment of County Road to convert from a four lane roadway to a road section with one 12-foot wide travel lane in each direction, one continuous 12-foot wide center left turn lane, and 6-foot wide shoulders on both sides of the street. The current design does not include a change in the overall street width. An Open House Informational Meeting was conducted on Apri125, 2007 at the Crystal VFW to provide more information to residents regardi.ng the proposed improvements along Bass Lake Road. Hennepin County, Brooklyn Center and Crystal staff attended the meeting to address questions and receive comments from residents. Residents expressed variable opinions of the proposed 3-lane road configuration ranging from general support to oppositian due to concerns with delays when entering Bass Lake Road from local side streets. After receiving comments from residents at the public meeting, Hennepin County staff agreed to complete additional research on the proposed lane configuration change. The result of this additional research is provided on the atta.ched table summarizing the comparison of operational issues between the existing 4-lane configuration and the proposed 3-lane configuration. Hennepin County staff has agreed to provide a brief overview of the proposed street improvements at the joint Brooklyn Center/Crystal City Council meeting on I�viay 29, 200b. This will be an opportunity for Council members to ask questions and provide comments directly to Hennepin County Transportation staff. 6301 Shingle Creek Parkway Recreation and Comm.unity Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org 1 Why a 3-Lane 4-Lwne Uedivided N 3-Ls►ne �v/conHnuons lett Comments Weaves and unexpected braking maneuvers (for 3-Lene roads tond to have about Z59+. fewer creshes t6an a 4Lane CSAH-10 has experienced 1 I S crashes in the tast 5 years SOY. of these tuming vehicles) crcate conflict� end lead to undivided road. r�'�� YPe. crashes. The 3-Lane removes the weaves and some turn conflicts associsted with Concerns are oRen expressed regarding bypassing iraffic using the center left the 4Lane. turn Isne, unusuel maneuvers, and contlicts between opposing vehicles in the �f�' center left tum lane these problems have generally been very few in practice. Sight distanta arc considerably improved for opposing left turniag vehicles from a 3-I,ane. In some cases such as near the curve at Orctiard Ro�, the addition of a shoulder also incteases sight disfances for enteting traf'fic. Obse�vations have fo�md tliat baffic ge�uutally 3-Lane roads tend W bring speeds more into conformance with posted Typically the teduction in speeds has been found to be less than 5 mph, moves fasler, plso, more vehicles tlwt greaUy limits and roduce amow�t of very high speeding (can't go faster than the however the distribution of speeds is usually moro uniform end closer to ihe exceed the apeed limit are observod. slowest vehicle). posted speed limit Significent reductions have been found for vehicles driving over S mph above the posGod apeed limit. Speeds Beforo After swdiea of CSAH-70 (Medicine Lake Road) have not found a resulting signific8nt changes id spoeds. Before Aiter studics on CSAH-2l (50�' Street) did find about a 3 mph drop ie speeds and elimination of all6igh speeders over 5 mph or moro abova the sneed limit. j AdoquaDCly serves Adequately serves Facisting volumes on CSAH-10 are about 12,000-14,000 vpd today (2007)• 7,000-20.000 vehicles per dny 7,000-15,000 va6icles par day CapacUy I, Rigt�t tuming vehicles will tend to slow traffic, hov�nevu the should area helps mitigate t6is conflict Sidestreet Delsya �PendwB oe the platooning chetacteristics of vehicles, could experience As volumes excxd 15,000 vpd, gaps for entering treftic beoome fewer end hiRher delavs for entering traFFic. sidestreet delays increase on 3-Lsne roeds. B Providac an alternative lane to bypass sropped Shoulders provide some room for buses w pull over, but drivers may be CSAH-10 has one route that provides 1-2 buses in the p.m peak hour per yus�. reluctant W pass directian. Pedestriaa aod B' cle Shouldets provide room for experienced bicycle ridecs. Tha continuous left tum lane acts as a refuge for pedestrian crassings so they can Aceommedationa negotiate oue laae at a time. Ri�ht-oFWsy Needs ��y� 4Lane undivided and 3-Lane roadways require about the same width nxds. 3-Lane roadways are often perceived as "suburban" in naWre rather than Hennepin County has received favorable feedback on convecsions of 4-Laz�e �yu�^, undivided roads to 3-Lene roads: CSAH-5 (Mntka $Ivd. Minnetonka) A 3-Lane removes considerable ambiguity for drivers regarding "where to CSAH-70 (Medicine Lake Crystal) Other Conslderations be" since turn movements are handled in a morc organiud fashion. CSATi-9 (Lalce Drive Robbinsdale) csAx-2� �so'" sm�c wc;n�eaPo��s� 3-Lane roads require special signage and sUiping. Studies have found that drivers generallyunderstand their use even with minimal previous expericnce. ,i%:� 1' I f �_i z i '��'ll'' Ti+-T_.i 1 1 r /T� r-�� J /t ,,,.,r,,,.i� I t.. i�,�.�L�..�� 1� 'C i z�p. 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RESOLUTION NO 2007 32 r' APPROVIl�iG HENNEPIN COUNTY ROAD #10 BASS LAKE ROAD RESTRIPING PROJECT WHEREAS, there is a desire to improve traf�ic related safefy conditions on Bass Lake Road between County Road 81 and Brooklyn Boulevard; and WHEREAS, the County has proposed restxiping the road to one 12 foot traffic lane each direction, one 12 foot bi-directional left turn lane, and one 6 foot no-traffic shoulder each side; and VJHEREAS, this work would be done at no cost to the City; and the Engineering Department recommends said tra�ic flaw changes be made; and WHEREAS, the adjoining City af Brooklyn Center is considering approval of the same proj ect; and W��iEREAS, a public information campaign and meeting has been condueted resulting in bofih positive and negative input from the public. N4W> THEREFORE, BE IT RESOLVED that the Crystal City Council hereby considers the predictect decrease in accidents and average speed to be a net positive for the corridor resulting from the project and therefoie approves the restriping project; and FtTRTHER, this approval is contingent with the understanding that if within a r�asonable amount of time, not to exceed two years, it is clear and obvious that the new lane striping did not accamplish what it s�t out to do, that the Counfiy will ra-stripe back to the original condition. Adopted by the Cryatal City Council this 1 st day of May 2007. ReNae J. o an, or ATTEST: L� J Lewis, City Clerk c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works �j �j DATE: June 20, 2007 SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2007-11, Lift Station No. 2 Force Main Improvements Recommendation: Public Works staff recommends approval of the attached resolutian approving plans and specifications and authorizing the advertisement of construction bids for the Lift Station No. 2 Force Main Improvexnents. Background: On March 12, 2007, the City Council ordered the development of plans and specifications for Improvement Project No. 2007-1 l. This project cansists of the replacement of sanitary sewer force main along Lyndale Avenue as scheduled in the City's Capital Improvement Program. Construction plans, specifications and contract documents have been prepared for the Lift Station No. 2 Force Main Improvements. Staff is prepared to begin the pro}ect bidding process upon authorizatian from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in the Construcrion Bulletin magazine. Sealed bids would be collected, opened on a scheduled bid openin� date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration of the contract award at the July 23, 2007 City Council meeting. Budget Issues: The total project cost for Improvement Project No. 2007-11 is estimated to be $485,300. Funding for the project is projected to be derived from the City's Sanitary Sewer Utility Fund. LiJt Station No. 2 Force Main Irnprovements City of Brooklyn Center 1Vlember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IIVIPROVEMENT PROJECT NO. 2007-11, LIFT STATION NO. 2 FORCE MAIN IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on March 12, 2007, by Resolution No. 2007-44 ordered Improvement Project No. 2007-11, Lift Station No. 2 Force Main Improvements, and authorized the preparation of plans and specifications; and WHEREAS, under the direction of the City Engineer, the consulting firm of Short Elliot Hendrickson has prepared said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for Improvement Project No. 2007-11 are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the rnaking of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during considera.tion of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. June 25, 2007 Date Mayor ATTEST: Ciry 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. �r/��'� .�...��k..�� w�w�' COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Todd Blomstrom, I3irector of Public Works DATE: June 15, 2007 5UBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: Public Works staffrecommends that the Brooklyn Center City Council declare a public nuisance and order the removal of diseased trees as listed on the resolution document. Background: The attached resolution represents the official Council action required to expedite removal of the diseased elm trees most recently marked by the city tree inspector, in accordance with approved procedures. The City of Brooklyn Center has historically maintained a policy of rernoving diseased trees promptly (in three weeks or less} and enforcement of proper disposal in order to keep this disease from escalating in our community. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and City property is included in the 2007 Budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner. Disease Tree Removal Resolution i Merriber introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removai of these diseased trees by declaring thern a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: I PROPERTY OWNER PROPERTY ADDRESS TREE R.AY LEOTINE TORKELSON 5340 N LILAC DRNE 25 DOMINGO CHAVEZ 4112 61 ST AVE N 26 I JOHN VANG 6048 EWING AVE 1� 27 JEFF GREENE 5046 DREW AVE N 28 QUILLING PROPERTIES, LLC 7015 BROOKLYN BLVD 29/30 MARCELLA HAGEN 7415 KYLE AVE N 31 JAMES JANSEN 6357 BROOKLYN BLVD 32 I JLTLTANNE MOUND 4000 61 AVE N 33 DONALD OLSON 5842 BROOKLYN BLVD 34 MORRIS COOPER 500 67 AVE N 35 CI7RTIS CADY 6915 BROOKLYN BLVD 36-39 MARANATHA BAPTIST CARE CTR 5401 69 AVE N 40 MN SERVICES, INC 7240 BROOKLYN BLVD 41-45 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the Ci Council by requesting, in writing, a hearing. shall be filed with th e Ci Clerk. Said re uest ty q 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shalt be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. June 25. 2007 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 4: CU'[7NCIL ITEIVI M�MURAN�UM TOc Gu�t Boganey, City Manager FRU�: Todd Blomstrom, D!irector af Public Wor�CS DATEr Jun�e I5, 2007 SUB.iECT. Resolution t�1ui��rizit�g Reptacement of Stre�t Lig�� a�on� th� Sauihern Fortic�n of Shingle �re�k P�r�cway R+�co�nmend�tifln: Public Works st�#�` recomm�nds tbat the Brooklyn Center City Council apFrove the �ttached resc�lution a�tharizing the replacement af street lights along the south�rn pttrtiar� of Shingle Creek Parkway. Bac�grourrcl; 4n April 23, 200'1, th� City Council appraved a�ontract fc�r s�reet improve�nents for Fr�way Boul+�varci au�d Sh�gle +Creek Park�uay. This cantract inctudes str+�et r�habiiit�tion wor�C �lc�ng the southern segment o� Shin�le Creek Parkway near Bass L,�e Road Th� s�uthem ss� �nt ofShi� le Cre�k Pazkwa includes fiv� doubl�-r�sted s�ree#:�i�hts within ihe Y center median, "'["he !Czty and Xcel Energy have exp�rie�t��d fre�que�t p�abiemu� rnai�tainin� the operacion oftl�ese str�t li�hts. Th� li�hting units have been in servic� fc�r over 25 yea�rs. S�veral oc�urr�nces c�f undergrc►unri faulted cabie and other infras�ructure issu+es have result�d in the unretiability t�f t�ae street 1i�htin� system. Staff received a pru�sal fr�na X+cel Energy ta replace th� five s#re�t li�t uni#s. The a�ttac�ed pr�pvsal from X�et prflvides twt� options for replacin� tt�� li�t�. +(�i�ic�n 1 includes the installation 4f basic li�kttin�, syst�m with a�uminum pales and dc�uble fixtures for a cast c�f�,5E0!. Uption 2 wcauld pr�uvide d+e�cor�tive street light pales and dauble fixtures for a ac��t �af $$3,5�0, The attaclaed prc►p�c>sal frvm Xcel Er�ergy prc�vides photographs of t�e basic lig�t pole (Rectilinear) an� the decorative stre�t light (Evans Madel). Sta�f're�omm�nd� th�t the �ity Council authorize Option 2 f�r the dec�ra�tive stre+et Iightin$ sysiem. �ns#allatio� of decorativ� street lights alc�ng this se nt of Shin�gl+� Creek Parrkway wc�uld be crnn�istent wit�i xecent �f'�v� to improve the aesthetic app�ara�a�e ofthe ce�tral cornm�ial corritior. B�d��et Is�u�s; 'T�e �ity's Gapit�i Imprvv�m��t �ro�ram identifies a total +�f i l,�'}0 f�r Ii�t i�npr�vem�nts f�r the 2407 constructi�nn season. T�e street iight r�placement wc�rk ia�cludet3 in th� r�ronstruc#�an contr�t f�or the Riverw+�d t�►rea �ieighborhood usses ��7',t}SS c�f this pro�}e�d bud�+e#. Twta additionat streei 1i��ts are pl�nned fc�r the Riverwood Aarea Neighbc3rhood. The�e s�reet�lights were Str�et Light Replacement Shtngt� Creek Farkway not i€�cluded in the eonstruction cc�ntract because the li�hts must b� �xwunted or� Xeel Energy transmission pc�les and must be installed by Xcel �nerg,y. "T'he estimated cost fa�r th�se two additianal street 1i�ht� is �9,�OU, T�� pr�pased �ost of�83,5�44 for street light replacements along Shingle �reek F'ark�vay is higb��r than tl�e unencumb�c�d ba�ance of s�reet light replacement funds of $'74,945 from the City's 2�7 C�pitat im�►rovemer�t Prc�gram. T'h� cast for street light replacement w+�rlr is fitnded fr�m ihe City''s Street Light L7tility fund. Street Light Replac+e�n�r�t Sh��gte Creek Parkway +aurac�o� c��r�M� s�s sc. a� �ebntary 2b, 20�7 Cifiy �f Brr�ktyn Centex Atteatic�n: Todd Blrnnstram 6301 �hi�gle Cr�ek Parkkway Br�aklyn C�znter, MN 55430 Ucat 11�r. Ttrd� E3�amsUresm: I I Xcel Energy (7utdc�or La'�Etiing is pleased to have an oppc�rtunity to subrnit a�r+�posat for the City of Brooklyn C�nter Shingle Cr�ic street light instal! pro,�ect, C�ur �oal is to provi� yan weth the necessary infonmation to assist you in your decision �n�king prr�cess. W� are cQn�d�nt we e�n prc�vicle ycau with a cc�mpreh�nsive �a+ckage that wilt meet a{l �our needs, Pl �ind below sryles c�f product snd the estimatec! pr�jc�t costs. This pro�osa� i�cltules alt unde�ground faciiities install+�d using the plowing c�r bari�g methc�d fQr cartduit and wire an+d the instaliation of �ch vfthe following matcriaL• Clt n':B�►klvr� Crn�r �11r�#e Cne�eJE lig�t t�,,ro �c� The fotic�w�ng identifics two opiions for the City c�f E3roc�klyn Center. �ption 1-'The eas� ta insta#� a Croup 5 siroct light system Sltingle Cceek Pa��tway is $64,56(l,UO. 1'he rnonthly fee p�r s#reet light is $8.45. Standard Braoktyn Cen#er fixte�re. Remc�we �existing v�rood po�es and'li�hts, install 5-30" mc�untec# AI, pates, 10-25UW rectilinear fixtur�s, �nd direct bore in approx 20Q0' of #6 CU triplex in conduit and i3{�U' c�fadd'rtional wire to feeci ligktts t� the no�th. (?ptic�n 2- T�e cvst t� inst�tl a Group 5 stt�eet ti�ht system Shingle Cr�k Par�cway is $83,S�fl.fl4. f r t is 8,45. 'The str�t ti is mor� d�t�tive tha� the R�tilinear. The rnonthly ++e�ee p+e s t I�gh gh (See Attached sp�c s��t} Rems�v� exi�ting woaci po�es �nd lights, insta{l 5-25' base �na�nted sE�{ poles, [�25(�W Evans �xtur�s, �nd dir�ct bore in �pprox 2Q00' of #6 C4J triplex in canduit and 1�00' �f adcfition�l wir� to fe�ed li�ts to the �orth. A1s� ia�c�ud� in this bic# is fu1� maintenance of the streetl's;gitt syst��n for 25 years. Maint�:nance ot'the s�st+� covers the fixture, pvte, and all underground facititie,s. Xcei Energy C�utdoor L.igh�ing is very cxcited to er with ih� City of �rook)yn Genter for alt yo�r lig�tir�g �s. �fyau have �ny questions rc�rdin$ thc praposal, ple.a� f�l �e ta contact �+e �t �fF'�ce number �i5 f-229-24€10 or cell phone numl�r 612-7�4-3758, i �ing Praject ��rdi�ator, Xc�! En�rgy ��,M ectl inear Straight to the Light Thr Rer�ilinear has a saaight Eorward approach to providing optimum lighr lcwcls and a dear crisp look ca your communiry. I rys ?i! q L. J� i..� 'j'. ±1 Statr H.- r i�i 3 I a V t I 1 .-..,.a;n;,,�r5-� ..��r Xos�Ener4Y 1971 �;aceway Fioulc�ani. ArJrn Fiills, tv1N 5)I 12 wwwA.xceknerg,v.com/OL)l. 1-800-9G0-G235 Xcel Energy Outdoor Lighting No�th Product Offerings Colonial Evans Fashionable Standard Renaissance Grandeur The Colanial luminaire presents an oid The Evans intelligent design will revitali2e fashion charm in any community setting. any community roadway with sophisticated style. COLORS: BRONZE ONLY COLORS: BRONZE, BLACK, AND GREEN Available on pofe styles A a, t� c Available on pole style "D" only 7,.^ Traditional Shoebox Old Favorite Functional Elegance This luminai�e stands the test of time with A balanced blend of form and functionality its traditional appeal making it a great to minimize light trespass and illuminate match for any neighborhood setting. your roadways with style. COLORS: BRONZE ONLY C�LORS: BRON2E ONLY Available on pole style "A" oNy Available on pole style "A" only Xcel Energy Outdoor Lighting Nortl� Product Offerings •'v r STYLE A (not shown) A round, smooth tapered shaft available in varying heights, anchor based or direct buried. (Insert new picture when available} i Fiberglass 18' or 30' direct buried. COL4RS: BRONZE ONLY Style B Aluminum 18' direct buried. COLORS: Columbus BRONZE, BLACK 8 GREEN An aluminum decorative pole with a 15-ft. Aluminum 30' base mounted. COLORS: fixture mounting height. This pole comes in BRONZE GREEN both a 19 ft. direct buried version and a 15 ft. base mounted with decorative base. I COLORS: BRONZE, BLACK GREEN. (Insert new picture when available) Style C (Insert new photo when available) Washington sty1e A fluted base mounted pole with a 1_ Evans fixture mounting height. Available in both A'aecorative base mounted fluted fiberglass and aluminum. aluminum pole with a 25 ft. �xture COLORS: BRONZE, BLACK 8 GREEN. mounting height. COLORS: BRONZE, BLACK, GREEN. Available only wdh the Evans fixture u i C 5 �q rr P' ��d "t; S �?2e' j 7 I �a t r r �I .,,f... 11 ,b� pi .+r.a a, i •J s, e j y R I �_�F. m Xi,� s'��jq.�, ,�`�,`�i ;;a� r ti F `a' �yF t j y 7 N: r d�, ��'pk t r� W �i M r e+ X t I ,a e� kY.� C�> �t.. f 1 �f 1,'y�i ti I XtEI PRDDUC7 COD£: A210734 3 t.a• A O Fi0.CS fAPPED FpR vr wc rwtv,ocn �1 CA$T F[NIAI 6' ARM I�UM T Y r m��cr�R vmc acccss uo� o .g• ARM MOUNT DETAIL S� MM Qfl1d iDl INRDV�fi RCOUII[1EMS PdC iWKO fOi �W� NYtWWC Ri0V1�0 VIlM MMI �/Y �N� �f uY �RK 7CR Gt.10 P31776 �ao�r wav[�� n� wno MANUFAClURfR: Ml7i�tNTAIN STAI£S LIGNrING PARI M2 �Xx C1.11�Yn� DESCRlP7lON QF 7TEIk �vowrtoi, Sto tes Ltqnt+i�g 2B' laprred fluted sferf pole, botior+ !8' cavted rlth rold tor epoxy, paht�d to notCh, �ith n0urtting for decoro U'�e orn. i P Sn�ft� i�rplCO Rur�p ftQ� F1itMIM lt CT� M 1�N, L7 Gf I x�r rn•.�r i• vwre swr� uwanw��wa �o e� rnc i J I 28 �I ANCHOR PLATE DETAIL i• n+tce v��TE srcrs i2� �ou c�an.c arov�o�o vnH i v.• ou rai I tt' KbI40n Mp� Dtn4ty R[Y��S° �0'�J'� 1 �y aos�or�er pu �Mnuueo) rlwMOt.[ 4• a C tSee Dp+1 Evwis basN PA. tox 4!9 MIM►u+ Codfer� C� 80493 MOUNTAIN STATES LIGH'f[NG P►+onQ 303-838-4130 Fox 80l-603-9058 I �e.,o• 108 NA�I[ Xcel 28' Tapered Fluted Pole v,.,, r,», SC�IE� atE� �t�ur� ir� C��vf�G r�R� NTS 10/25/06 RDP �vens 28' pole l210734) 1RMIS1110N PpE 8' M DIM£1CQ RCP� QUQIE 1� DISia MountQln Sta tes XCEL PR�DUCT C�DE 2]0735 SPECIFY D[ANIETER ��Se with Evens pole z��34) �PENING FOR POLE 'I 1 J I 1 MAX POLE DIAMETER: S" n 38.25 v v t 22~ I MAD[SON STYLE 22" MOUNTAIN STATES UCfiT]NG HIGH DENSITY ELASTOMER TWO-PIECE WRAPAROUND, DEC�RATIVE BASE RIV[SM16 1-2��5 aP IQ�2S-06 R� P.O. Iox l3]SY I BASE BY M�UVTAIN STATES PART# XCEL-MAA-22'W x 38.25'H-RT-COLOR �.��eos�-sose HIGH DENSIT1f ELASTOMER DEC❑RATIVE BASE, DENSITY OF 711HS PER CUBIC F❑OT. PA]NTED (SPECIFY COIOR) 41ITH A ►'�1KiAlN STATES L1C�ITINL NAD/SW �ASE 22' N�D[FIED URETMANE BEDLWER C�ATING s�• a��' �"r"�'• I CSTAYS F�EXI9LE OVER T[ME W/MAX ADFESION) NfS 02-06-03 PNP ►wo-2a• x 3e•- �E� BASE TO BE AN AVERAGE OF I' THICK R p� �r, Moun tain S to iQs I XCEL PRODUCT CDDE 210733 FIN]SH� CSPECIFY> ou1CK c�wEC1 ro ea��asr ]6.50 V(TH 21' Of 12GA, 19 STRAND 600V, lOSC VIRE DN THE SECONDARY S[DE ff THE �-CAST ALU!IltaJM OUICK CONNECT, PROVIDED 11ElDED I�CK g ]NSTALLED BY HADCO r+'FE^ �TVIST-OFF BALLAST ASSE1�lY -Tp0.-LESS ACCCSS Note� Appraprinte ptunbizer will FOR INSTA�LATIpN bQ deterninetl QI1d i11G1UdQd BALLAST MAINTENANCE Nith this luninpir2. AND I.AMP SERVICE EXTERNAL �ASTCNERS- STAIwIESS STEEL vcw Nurs- cASr [RDN 1 -CAST ALUMNUN SEGPENTED BODY FU�Lr Ga9cETED 29,41 �,,croKr �vca�n AND TESTEO BAILAST, 250 VATT HPS, MlAT1-Tl� VIREO TO 120V POR(�LAIN MOGU. BASE SOG�T tLAMP BY DTHERI) SENI-SPECULAR ALUMINUM RE6�CCTat (TYPE !II �PTICS) 1 GL��: V823H1D°dEAR ACRYLIC MANUFAC TURER� NADC� PAR T# SXL 11- TF6 -N-XX-KL -3-N-G-�SOS CXX CL7L �R) a�v�o�s� P,D. Box 449 DESCRIPTION OF 1 TEM: co►+rP�. Co Bo4a� lIOUNCA[N 3TATES L[CHTINC F�ha'�Q 303-838-��30 Fax 801-605-9058 Hadco TF6 Tear Drop Lur+inaire for higher r�ounting. �ol w�G Twist-ofF ba(last asser�b(y Teor Drop TF6 HingPd sec tions with sa f e ty cabl e, Acryl�c priSr��ti[ 9fObP. S[AIE� DAIE� DRAYN BY, DRAVt�G NUMIQb NT S P�10/03 DL H XCEL TF6 -11-22 REP� W1p1E N� O1ST, Mountoin Stntes PRODUCT APPROVALS C�NF(DENTIAI.+ This dro��.+g is conFide�tql :.t S DRav;NG s pw RE�'ERENCE ond propr;e{ory to tV�e HAt�O D�v�s�on of SALES rra�:C' ��'R �FSr FEVi51�`. G..,lyt• Tho�ns Grouo LLC cHaDCO), nnd �ny not be �tproduCed ��thout th! exprfss �ri�ttg� c w+sent oF HADCa nny use hereoF or o� any of the inFornution or d�toN �+erein shnll be for the soit benefit of HADC�'j C 2001 HADGf CUST S;plu Ef� STE:L S.E` SCk�vS CP.� i F,LI,MiNUM F� INiAi. cc�otacic :vw;c�'*y'� 1 v i t, f I a I @�qr�:. '.��1 Tl I a c�s:EE�a nu� W(RES j f i� i i 1' �y'UkE F'i �C.H�� i S.CRF�. i CAST A�UNINUI�" 3' ❑0 X 2-1/2' x HpR120NiAL AR�+ i��?:hLf.�'% 2: MOUNTI�� ADAPirjG f I c.raC� w` 4; FfXl�t'L 1��1��n�'�T(i!r; SET SCRCV O a 4 CA$T ALUNjNUM CLAl� CDLLAR FOR EASY [NSiALIATI�d I��'h'�lh�(, `^r;�F.. [i�F��:'iC[T t REVISI01�6 R� l0/ZS/06 �o cro{r..y a.n e� ue v l Utilrstan, Prrrtsylvank 117�0-0128 f Phone 7U-359-7131 r=�,? •:tii Faz 717-359-9515 �r" ....rwdcd�g► JOB NAME� PI.UMBIZER (OR XCEL EVENS STYLE ARA�( scaF: �at�. �tavN sr� rntnv�w �Kn+eat� :1, ;=h;"'i.': �,n'�� TFHA1�2 REp CuOtE r� I[ST: �t�'.;t: I,.... i S XCEL PR�DUCT C�DE� #z10736 i For Evens style application use pluMbizer. (Se2 Dwg� Evens pluMb detail) 5 ,i 2' 2 3/8' �.D. STEEL PIPE 1 i f �i 1 �E Br ar�RS i s MANUFACTURER� MDUNTAIN STATES LIGHTING s t 3ie• x� iie UNG BOLT PARTa USA/5'-24'R-2.4Qp-W-SINGLE SCROLL/SA-XX <XX CO�OR) s f DESCR]PT]ON OF ITEM: Mountain States Lighting S' Steel Upsweep Qecorative ArM with single scroll, painted to Match with �ount�ng pinte ta nttnch to pole. i f i RCYISDIS� P.Q loz M9 CaniFe., �0 80493 j A[OUNTAIN STATES 1JGH'['ING Phone 303-838-4430 Z Fax 801-603-9058 i r JOB NANC: IJ�sWeep Arn wlth Scroll sciuE� D�1E� ORnu� Ir� �t�vt�G nla�R� NTS 2/1�/03 DLH EVNS-l REP; WlOiE 1� Dt�i� Mountaln Stotes I i Y.__._____._._._.} I I AGENDA CITY COUNCILBCONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 25, 2007 Immediately Followmg Regular City Council and EDA Meetings Which Start at 7:00 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. ACTIVE DISCUSSION ITEMS 1. Brooklyn Center Alternative School Rezoning Issues Pending List for Future Work Sessions Date Undetermined 1. City Manager Performance Review Format and Procedure City Manager 2. Farmers Market City Council 3. 2011 Brooklyn Center Celebration City Council 4. Brooklyn Center Independent School District Joint Meeting Agenda I I t t. c n s �F 1R Y MEMORANDUM COUNCIL WORK SESSION DATE: June 21, 2007 TO: Brooklyn Center City Council FROM: Curt Boganey, City A�r SUBJECT: Brooklyn Center School Request for Altemative School Site COUNCIL ACTION REQUIRED Following a review of the subject matter, further Council direction is requested. The appazent options to consider at this time are as follows: 1. Seek clarification from the School District 2. Refer the matter to the Planning Commission for a report and recommendation 3. Direct staff to prepare alternative ordinance amendments for your consideration 4. Determine that no change in the current ordnance is appropriate/needed at this time. BACKGROUND Apparently the Brooklyn Center School District has been seeking a site for the subject Alternative School for several months. At the early part of this month, Brad and I met with the School Superintendent of the district regarding this matter and were presented wi.th the attached letter and information. On Monday we will review the letter and the several options available to the City Council. I believe there will be a representative of the School District present in the event the Council chooses to receive input from the District at this juncture of the process. COUNCIL POLICY ISSUES Is a review/modification of the Zoning Ordinance necessary/appropriate at this t�.me? G:�City Manager\WORKSESSION.MEM.FRM.doc BROOKLYN CENTER INDEPENDENT SCHOOL Dis�uc�r No. 286 �ter sc�ools 6500 Humboldt Avenue North Phone: (763) 561-2120 Brooklyn Center, MN 55430-1897 Fax:(763)560-2647 "AN EQUAL OPPORTIJNITY EMI'LOYER" Expect The Best! Jur�e 1, 200'7 Mr. (�.ut Bo�pny and Brooklyn Cet�ter City Council City of Brooklyn Ce�rter 63�1 Shi�le (�raek Parlcway Brooklyn Ca�ttex, MN 55430 Dear Mr. Gtut Bogarry azxt Brooklyn Cea�bex City Cowxil: Due to �e following rea9ons, Brooktyn Ce�ter Sc.��ools vvi�es to move its Aherr�ve L,eanvng Carter (ALG� from the �klyn Ce� High Sclwol (BCHS) building t� a site aff�unpus. ➢'Ihe lor�6on of the curre�t program is in a space ti�at ca�mot legally hold more ti�an 50 ooct�pants. We could ea91y serve 80 to 100 or tmre shz�ts if we ha�d a larger spac�e. (I1�is would sa,�e more sb�dea�s e�� and g�e ma�e r�nue financaally. Bot� ame rieaded in our dis�ict) Zhe locati� is u�s in the lrigh school buildir�g witi� na hardicap a�'bility. The locati� is in the l�igh sckiool building. Suocess('id ALC Prograzm sl�ld rx�t and, for the most part, are not located in ihe same spac•,e the studer�s are cl�oosing to leave. Alterna4ive F.ch�liari is a co�t growrh aphion in pubfic edu�tion. We nead to be a p�rt of that growth For the we have so al�ema�ive sttes wi� lil�le suooess. We have canied on conv� with Ron �3'�' Wazret� arid Brad Ho�i negardic�g aty about "scliool�' being in c.�iain ameas of the caty. 'Ihese amve�sations ha�ve ended vvith suggestiorn that uicluded: Have someone build a s�roe ti�at is loc�d 'm an aorea aor�ed fo� schools. o We can't affond to commit long-term to r�ew oor�on. I'm n� s�me ti�re is a great d�eal of pro�iy if woe could C��ack on poss�ble open s�aoe in areas such as abng &ooklyn Blvd �p o ALCs must be located'mthe home dis�ic�. We must have the progtam within the Distiict 286 boi,mdaries. ➢(�eck icito the large tnu�nber of clnurl�s t�rat �e for sale avaalable far lease. o Jn May, 2007 w� made ir�riries ar�d hav�e frnu�d no chn�nches with space to lease. 'I1�se that wrre �gg� were mv�g�ad. Fa�rollmexrt aptio�s ame off�ed to develap co�npe�on be�aen distiricls. We need b� be able oompete with o� neighbors. i We have fir�lly fourr.� an icleal spa� for ti�e B�rooklyn C.er�a' ALC at Palrr�es Lake Pla� where Brown College and the Northwest Suburben Irrtegra�bad Scl��ool District is loca�sd. How�ver, Brooldyn Carter �oning o�inanoe restiids `�ublic �d private eleir�ent�y and seootyd�cy schools" t�ris type of pmp�iy. I have sevea�al questions and oom�rn about this oi�ance: How dces the ardirraryoe define a p�ablic and pciv�a�e el�y and saoonda�y school definad? An ALC, by definition, is r�itha of �ese. What is �e piup�se of �ng a public school fram �ng it's offerings on behalf of 1he yo�g peopk of our dislric� wh� live in the city? If it is a r�eoessary oa�anoe, and I trust thene was good far it 10 years ago. Is rt nat p�ble to m�e cleazly de�ne ihe restricction s� a sl�e approvad att�ve 9cl�ooi fiux�oning o� belralf of ap�ublic sclnol c�rid locatad �tit�ely withm the b�ies of Broolct3m Ce�er oould oaa�py a sp�oe such as w� are An ALC is r�at a tradirional p�ublic demea�tary or sec�y sclyool. The following fc� dislinguish rt from `Sre�ula�" public o9r priva�e scl�ooL�: 1 ALC is not a schoo B5' �utto�, an Pn�nazY d�gt�a�ed Altecnaave schools a�t far �ts ages 16-21 who hav�e nat baai sucoessf'ul in a tiaditianal sd�g. When you �der the age range of the ��s in an ALC you can sae rnost vwould be c�nsidei�ed adults. Adults don't usually atta�d a tiaditio�nal public schooL Studer�s must apply, show ihey maet c�ite�ia set by tiie st� ard ti�en be aooeptad into an ALG Traditional K 12 scliools ma�st �ocept sh�s witi�ut such co�si�on Tl�+e a�+e spacific criteria for a� ir�to an ALC. See a�tadied Nlinnesota Sta�be,124D.68. Agpin, a haditiorral K-12 school does not requine such �ve The sched�e is �rt than a�onal schooL �rts may a�end a full day o� pa�t of a day. Some wnrk may be done as �t stuc�y; rr�ost w�l be d�e in d�e classnooin. Otl�er thoug�ts at�d oonoea�s abaa�t this iss�.re: Brookl�m Ce�r ISD #286 sexv�es a la�g�e papulart�ion of high rieads Many ofthe�n r�ead the specialia�d Pi'ogracnming, ho�us ar�d app�+o�ct�es offenad by an ALC. If ti�e.y don't at�d at our AI-C, theY go els�vhene, tal�g tiieir ftmding widi them. More importa�, tl�ey are forced to tcav�el fiutherto gzt wlrat w� sl�uld be able to offa here. We cankeep o�u�fiuu� in oiu� dis�rict There has baen a�ges�ion that, be�use we have so many �rolled �,1i�eY should go ellsewhe� fvr their educ�o�. Af�er all, "they're rot o�r sb�der�." Si�e I a�riv�ed in Brooklyn C,ent�r I have l�ard ttvs a�gume� ar�d I fird it v+ary Yoi.mg pa�ple hav�e a right to an e�on vvhaeva' it will best s�rit their r�ads. It ti�e sh�be d�n't ttvnk so, ti�ey would not hav�e g�sed a law allowing open ex�molln�eart. Furd�emiore, without op�n ernvllYryerrt, this school c�strict vunuld mt be ab�e to sustain tl� level ofprogramm�ig a�d acarvities tha�t we do. I am oertaintivs v�uld �ot have bcen a f� in d�ve�oping an ordina►x:e af ti�is ldt�d. I've ba� told tl�re has ba� corr,ern about traffic problers�s with scliool buses. As cu�rtly pla�uyad, t�ie will n� be ma�+ee ti�an two buses ciropping offar P2cldng uP �is at a�Y one time. Most likely it w�ll be o�e bus. Sa�r� will likely drive. Ott�s w�l �e the ciiy bus. All diss�ids s�urotu�ding Brookl�m Ceirta have an ALC and many are bcated in sirnil� buildin�.s. We have res�Ci ather Alteir�a�ive Sctiools ttuvugl�out t�e st�e (a list is provicied). Whari we investi�ed where the ALCs in our area are located we fo�uxi many of the�n wea�e in v�house o� oommescially a�nad areas. For exampl� Ossa�, Columbia He�ghis, Amka (Coon Ra}xds), Bloor�ungbon, St Loltis P�C, and Ed�� Prauie are loca�ed in c�o�rienciaU'mdus�ial ameas. Reasons to co� allowing a v�ianoe far Broa�klyn Center Sc�ools to mQVe to a co�una�caally �oa�ed �ea such as Palmer Lake P]aTa: lvfu� Sta�te,124D.68 "I� legisla�.ue fmds ti�at it is cait�ral to p�rovide op4ions f+o� children to s�ocead in sclyools The�fiore, the p�rpose oftivs section is to provide far and �oourage all 1Vfumesota who have etg�eriax:ed ar are difficailty ui ihe a�drtional educ�tion sys� to er�roll in albe�iv�e pc�g�r�s.'° An ALC is not a haditiomal ar regular K 12 scllooL It is an o�tion fo� t�se kids who need one. The scl�ool will be st�ed wnth lioen.9ad teache�s, a principal o� lead behavi�al suppat ar�d cl�ical If we develop d�e new p�am the way we have plan�ed, th�+e will r�t be mome than 60-70 �ts in class at any one time. Tl�re w�71 r�ever be"hwtidnac�s" of �ts desoe�ding on the site all ��vice. The spaoe is a�ed to both Brov�m College a�rl Norti�st Subw�an �a�ed School Disiric�. 'Ihe type of s�ent we an ALC wvuld ber�fit finin coopera�on with bo� of these progra�ns. Collaborati� of this type is invaluable for bathti�e post-seoondary scliool and tl�e Alte�nakive Leaming Cerrt�. (Many of our �is will be t�ie sa�ne age as many, if ncrt m�st, of the Ba�own College s�ude�s.) Arid v�e are Brooklyn Gav6� Schools, lorated in Brooklyn Ger�er, MI�T. Why not take pride in wha�t we have and err.��age the c�� developmeut arvd irnpm�vem�rt of our scliooLs�? If you take a close look aot ot� schooLs, �re have baen misoonoe�tions abotrt ow sh�d�t� a� our educadiorral pmgracn 'vn �e p�st We are nat a ghetto sc�oL Oiu elan�tazy is an au�oai�ad Ir�rratior�al Baccalaiu+eate Primary Yeais Program World School, one of only five in the upper IN'idwest. Our high school is haping to beoome a c�ida�e school for the Nficic�e Yea�s Progi�n in IB. During a racent oonv�ion with Scott Becl�told, Brooklyn Cem�r Police Ck�ie� he indir�ted they do rrot raceive an iu�asor�able rnnnber of c�lls to our schooLs. Oiu� lrigh schpol d�Ciplirie refenals and s�� h'av�e droppad oor�sid�xably in the past yea� ar�d mone sdad�nts are tal��g highez lew�l cou�e.s than they ha�we in many yea�s. We are being bY other aga�ies and �aans seddng o� coop�a�ion pi�cess of e�luca�hor�al irnlova�ion. P�le aie �ping up and taking notioe of o� schools an�d w�at we are acoomplishing far s1r,�► a poor �d divase population with so little in resouroes. O� ALC will be another su�fi�l e�oa�al �a�ogram growin� to s�ve and �te o� Brooklyn C� f�n7ies. I am h�efiil the Brooldyn Cernter City Crnmcil w71 give sexious oonsdera�on 1� clarifying the �ce and allow us to locate our ALC in a ware�i�e a�ea. We �e arock and a hand place. We can't gcow wt�ere v�e are an�d wE c�'t fin�d a�ryplaoe else to gmw. Thank you far yo� oot�side�a�on. S' �y, Keith I.ester t of Sc2�ools ALC Space Proposal Cost Breakdown Cost per year item Monthly Rent: $97,726.20 Rent (one year) Base rent $10.00 $97,726.20 Taxes $1.38 Operating $3.36 Total Per Square Foot $14.74 Total Square Feet 6,630 New Students: $700,000.00 Income (Totai Students) ADM 100 Per Pupil: $7,000.00 $426,00 Cost for new staff Staff Cost $426,000.00 Numbr Tchrs 3 $176,273.80 Net "Profit" or "Loss" Teacher 4.8 $55,000.00 $264,000.00 Behavior 1 $45,000.00 $45,000.00 Clerical 1 $32,000.00 $32,000.00 Coordinator 1 $85,000.00 $85.000.00 $426,000.00 Teacher $65,000.00 TRA/FICA $8,222.50 Health $11,000.00 Other $1,500.00 $85,722.50 Brooklyn Center Schools 6/1/2007 Minnesota Association of Altemative Programs Page 1 of 7 Jpin MAAl' About Contact Minnesota Assoc�at�on of Alternative rograms The Preeminent Voice for Educationa.l Options �r SC�IOOLS LIST Minnesota Alternative Schools in Alphabetical Order NMPTO:ABCDEFGHIJKLMNOPQRSTUVWXYZ State Approved Programs are approved by Minriesota De�artment of Education. A Ada-Borun ALP: ISD #2854 htt�;7/www,rdale,kl.2 mn.us/ced/aa� American Indian OIC Career Immersion High School Atwater Cosmos Grove Citv Alternative School Aiticin Alternative Program Albert Lea ALC; ISD 241 Alexandria (Runestone ALCI: ISD 6014 �Anoka (Crossroads.�_ALC ISD.# l.l Armstrong_ Credit Recovery Austin ALC_ ISD 492 B Backus ALC (International Fallsl: ISD 361 Beacon_ALC Bemidii Alternative: ISD 31 Benson ALC: ISD 777 Blue_V.�11e� ALP Bluff Coun.try ALC (Fiokah); ISD 300 Border ALC: ISD 694.�VJarroa.d� Braham ALP Brainerd Area Education Center ALC http://www.maapmn.org/schools/ 5/31 /2007 Minnesota Association of Alternative Programs Page 2 of 7 Brooklyn Center A�C Burnsville ALC("BALC"�; ISD 191 C Carlton Countv ALC Carver-Scott Caou ALC: ISD 930 Cass Lalce ALC; ISD #115. CentennialALC Center for Trainin� aad Careers fMnls� Ceniral Middle School�Eden,Prairie� Central MN ALC Joint Powers #b074 Chamnlin Plaza Alternative School Chisag4 Lakes _AL,C ✓Columbia Heights ALC Cook County ALP; ISD 166 (Grand Mazais) Coon.Ra�ids Lgarnin_.g Center.,.�Northwest Passa�.High_�choa� Cooper H�h School ABC Lab Crosbv-Ironton ALP: ISD 182 Crossroads Learnin� Center (Sandstonel ISD 2580 Crow River ALC; ISD 423 (Hutchinson) D Dakota Coun.ty ALC .(_.DCAL$�; ISD 9.17 Dassel-Cokato ALC Dakota Pra.irie ALC_;__SD 192 �Farmington) Detroit Lakes ALP; ISD 22 Duluth ALC: ISD #709 E En�lish LAn�,aQe Learner (ELLI Education F Faribaul� A��; ISD #..656 Fe�us Fa11s_ALP;. ISD_ #_544 Floodwood Alterna.tive; ISD 698 Focus�Wavzatal Foley Alternative Hi�h School Forest Lake ALC Four Winds (Red Lakel Freshwater ALC; ISD b004 (Sta.ples) FL�_(Fridlev I�earning Innovative Pro�raml G Gibbon Fa.irfa�c Winthron (GFWI Glencoe/Silver Lake ALPi.ISD. _2.859 http://www.maapmn.org/schools/ 5/31/2007 Minnesota Association of Altemative Programs Page 3 of 7 Grand.R�.�ids ALC;_ISD_#. 318 Grand.Ra.pids Middle Level ALG Guv Kokesh ALC (Onamia� H Hastings ALC: ISD 200 Hiawatha.Valley. Ed Dist; ISD 861 Hiehview Alternative CNew Honel Hotikins Altemative Pro�ram Ho�lcins. North. Junior.Hig.h Hopkins Off Cam� Honkins West Junior Hi�h I Intermediate District #287 ALC (Henne�i.n Co M�ls,) Isle ALC; I$D 473 Ivan Sand Com._ALC .(Elk Rive� K Kasson-lViantorville ALP: ISD 204 Ken�on-VWanaming_o MiddleALP_; ISD_# 2172 ICin�sland ALP Riveryiew Campus; ISD 2137 Knishts Academv (St. iViichael-Albertvillel L Lakeville_ALC, ISD_l94_ Le Sueur-Henderson {AALC) ALP; ISD 2397 Leaf River ALC: ISD 6961 �Wadena? Libertv Hi�h School Litchfield_Hi�li School Little Falls Continuin¢ Educ. Ctr: ISD 482 Luverne ALP_ ISD 2184 �M MACCRAY _ALP (�lara. Ci�� Mahnomen ALC; ISD #432 Mahtornedi ALP: ISD 832 Mankato ALC, ISD_# 7? Mankato "Life Lines" ALP Marshali East Camnus Learnint Alternatives McCneeor School ALP i Mesabi ALC; .ISD 701 (Hibbin.g) Metronolitan O�en_School_[St. Louis Park) Metronolitan Federation of Alten�ative Schools Middle Area Learning Center; ISD. 318 http://www.maapmn.org/schools/ 5/31/2007 Minnesota. Association of Alternative Programs Page 4 of 7 Milaca ALC ISD 912 Minnea�olis ALC; ISD O1 Minneanolis Contracted Alternative Pro�rams Minnesota Transitions Charter School Minnesota Valley ALC(Montevideo); ISD 6018 Minnetonka Academv: ISD 276 Minnetonka Mini School Metro�olitan O�en_School Mollv SnrinQS ALC: ISD 486 (Swanville� Monti�ello T»rn�nQ Point ALP: ISD 882 Mora:Alternatiye Pro.gram� ISD 3�2 I i Mounds View Adult Di�loma. Program �New Brighton)ISD#621 Moun.ds View ALC (Shoreviewl; ISD 621 Murcy Caunt_,y Central ALP; ISD #2169 N I Neyis.Alternati.y.e L�arnin.g Progra�i New London-Snicer ALP: ISD 345 New Paths ALC: ISD 593 (Crookstonl North Branch ALC; ISD 138 North Vista Northeast Metro ALC Northfield ALP; I�D #.659 Northland Learnin� Center AI,C; ISD 6076 No. S�Paul/ManlewoocUOakdale ALP: ISD 622 Northwest ALC,.ISD #_564 �Thief River Falls) Norrhwest Passage Hip�i School jCoon Rapids� O Oak Land ALC ISD 957(Carnbrid�e Osseo ALC: ISD 279 Owatonna ALC;.ISD. 761 P Park Ra�ids ALP; ISD 309 Perham ALC: ISD 549 Phoenix Learning Ctr �Buffalo); ISD 2159 Pierz ALP; ISD 484 Pine Citv ALC. ISD 578 Pine Island ALP Pine Riyer/Backus ALC;.ISD 2174 P�nestone/Jasner ALP: ISD 2689 Prairie Center Altemative R Range Area _Alternatiy�CrosbX Ironton� http:/lwww.maapmn.org/schools/ 5/31/2007 Minnesota Association of Alternative Pmgrams Page 5 of 7 Redwood Va11ey ALP (Redwood.�all� Red La1ce ALC;.I_SD 38 Red River ALC: ISD 152 (Moorhead� Rid_gedale Alterna�ive Program R.iver Bend ALC; ISD 6049(New Ulm) River Hei¢hts Charter School River Vallev Academv Roc.hester ALC; ISD 535 Rockford Connections ALP; ISD 883 Rosemount-Annle Vallev ALP lF.a�anl Rosemount-A��le Va11e..y.ALC (Ap_�le Vall�� Roseville ALC; ISD 623 Runestone (Alexandria) S SAIL/Sunset ALP SHAPE South Henne�in.Adult 1'i:ograms.in.Education Si.mley ALP (Inver Crrove Heights) South Middle A Sauth Vista School South St. Paul ALC; ISD 6 South Washin�ton ALP: ISD 833 Southern Plains ALC: ISD 915 fFairmontl Southside Family School Southwest ALC; I. SD 2895 (3ackson) Snrin� Lake Park ALC_ ISD 16 St..Anthon_y/New.Brighton ALP.; ISD 282_ St. Cloud ALC #742 St. Croix Vallev ALP: ISD 834 (Stillwaterl St. Louis. Park.Sr,,.Hi�h_ Op�iQns ALP St. Paul ALC; ISD 625 St. Paul Familv_ Learnin�.Center St. Paul Public Schools St Peter ALP Summit Learnin� ALP lHouston� T fTAPPI Teen A�e Pre�nancv Pro�ram TAP (Wayzata) Tower_View ALC; ISD 256 TASC The Alternative Study Center at the Winnetka Leaming. Center Two Harbors "SOLO" ALP; ISD 381 U Universitv Creek Alternative Proeram V Valley_ View Learning Center http://www.maapmn,org/schools/ 5/31 /2007 Minnesota Association of Alternative Programs Page 6 of 7 Volunteers of America Middle School W Walker School (WHA_ALP�; ISD 113 Warroad (Borderl ALC: ISD 690 Waseca ALP: ISD 829 Waubun ALP (Omega, White Earth Community School) WAVE North WAVE South We.. s,� Middle Alternative .(WMA� West Central ALC: ISD b026 lMelmse. Sauk Centerl Westonka Area Learnin� Academv WALA White Bear L.ake Willmar ALC; ISD 347 Willow River ALP: ISD 577 WINGS at Plymouth Middle School WINGS at $andburg Middle School Winona ALC: ISD 861 Worthin�ton ALC Wright Technical A��; I$� 96.6_ �.Bu..,ff_alo� Y Youth Education Seryices ISD 926(Moorhead) Z Ziebarth Alternative lLeSueur-Hendersonl Zumbro ALC, ISD 601.2.,.(Dodge Center� Search for words used in entries on this website Enter the word[s� to search for here: Enter search terms... ��a! Inside MAAP Shon The MAAP Store! o Front o News and Events o Boazd o Calendar o Committees o Conference o Job Posti�s o MAAP STARS o Newsletter Winter 2007 o Publications http://www.maapmn.orglschools/ 5/31 /2007 Minnesota Association of Alternative Programs Page 7 of 7 Alchemist 2007 o Schools o Site Man, o The MAAP 5tore RSS ATUM To Lead, Promote, and Support Innovative Lerrrning Experiences 1999-2007 MAAP http://www.maa.pmn.org/schools/ 5/31/2007 12 4D.68, Minnesota Statutes 2006 Page 1 of 3 Lt�istatur� Fiomo Links ta fhe Warid Neip Ac ;�ev�r +�f 5ta.� Hause Senate �,Ivint Depart�nents and Carnmissions ��i!! Searr.h anc! 5tafus gtatutes� �.avrs, and RuEes Minnesota Statutes Table of Chaaters Chaater 124D Table of Contents 'fi�4�G8;c�lli��,�sotaS#a#�u#es ��T�-'� Copyright m 2006 by the Office of Revisor of Statutes, State of Minnesota. 124D.68 GRADUATION INCENTIVES PROGRAM. Subdivision 1. Purpose. �t:��#��'p��'�c�en� Therefare, th��:�i�e+�s�;�nc��::�o�.an ��a�t��n#s; �a.w�. �ex�rien�d:�< ar�°��cut�°:cii£fi�ul� itt #1� trac,'i�,' a�d��t�� s�tm t��ra�� tn�t.�nat�e;.��r�s. b3 �,�_�'s'�°�+��s��s.� ]�`'.1�1kj�l� 11t1(�G �I��E �'��-"D�-�6'1'li� il'�E�� 1C I`�C11IlI'�Ii1�t1'tS of section 120A.20. subdivision 1, paragraph (c), is eligible to participate in the graduation �ncentives program, if the pupil: (1) performs substantially below the performance level for pupils of the same age in a locally deternuned achievement test; (2) is at least one year behind in satisfactorily completing coursework or obta.ining credits for graduation; :(3) is pregnant or is a parent; �(4) has been assessed as chemically dependent; (5) has been excluded or expelled according to sections 121A.40 to I21A_56; ;(6) has been referred by a school �district for enrollment in an eligible program or a program pursuant to section 124D.69: (7) is a victim of physicai or sexual abuse; ;(8) has experienced mental health problems; (9) has experienced homelessness sometime within six months before requesting a transfer to an eligible pmgram; (10) speaks English as a second language or has limited English proficiency; or (11) has withdrawn from school or has been chronically truant; or (12) is being treated in a hospital in the seven-county metropolitan area for cancer or other life threatening illness or is the sibling of an eligible pupil who is being currently treated, and a resides with the pupil's family at least 60 miles beyond the outside boundary of the seven-county metropolitan area. ..a. Sit� El��t�ili�"�p��kams. (a) A pupil who is eligible according to subdivision 2 may enroll in area learning centers under sections 123A.05 to 123A.08. (b) A pupil who is eligible according to subdivision 2 and who is between the ages of 16 and 21 may enroll in postsecondary courses under section 124D,09. (c) A pupil who is eligible under subdivision 2, may enroll in any public elemeatary or secondary education program. (d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic, nonsectarian schoot that has contracted with the serving school district to provide educational services. However, notwithstanding other provisions of this section, only a pupil who is eligible under httpJ/www.revisor.leg.state.mn.uslbi.n/getpub.php?pubtyp�STAT CHAP_SEC&year=20... 5130/2007 124D.68, Minnesota Statutes 2006 Page 2 of 3 subdivision 2, clause (12), may enroll in a contract alternative school that is specifically structured to provide educational services to such a pupil. (e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic educativn programs approved under section 124D.52 and operated under the community education program contained in section 124D,19. Subd. 4. AddtNonal ellgible program. A pupil who is at least 16 years of age, who is eligible under subdivision 2, clause (a), and who has been enrolled only in a public school, if the pupil has been enrolled in any school, during the year immediately before transferring under this subdivision, may transfer to any nonpublic school that has contracted with the serving school district to provide nonsectarian educationat services. The school must enroll every eligible pupil who seeks to hansfer to the school under this program subject to available space. Subd. 5. Pupil enrollment. Any eligible pupil may apply to enroll in an eligible program. Appmval of the resident district is not required for: (1) an eligible pupil to enroll in any eligible program in a nor�resident district under subdivision 3 or 4 or an area learning center established under section 123A.05; or (2) an eligible pupil under subdivision 2, to enroll in an adult basic education program approved under section 124D.52. Subd. 6. Dissemination of infornaation. A district must disseminate information, developed by the department, about the graduation incentives program to residents in the district who are under the age of 2L Subd. 7. Desegregation plans. Notwithstariding any provision to the contrary, students may not enroll in a nonresident district under this section if their enrollment in another district would result in a violation of a district's desegregation plan, as mandated and approved by the commissioner of education. Subd. 8. Aid adjustments. General education aid and transportation aid attributable to a pupil covered by programs under this section must be paid according to sections 127A.47, subdivision 7, and 123B.92. subdivisicm 3, respectively. Subd. 9. Enrollment verification. (a) For a pupil attending an eligible program full time under subdivision 3, paragraph (d), the department must pay 90 percent of the district's average general education revenue less basic slcills revenue to the eligible program and ten percent of the district's average general education revenue less basic sldlls revenue to the contracting district within 30 da.ys after the eligible program verifies enrollment using the form provided by the department. For a pupil attending an eligible program part time, revenue, excluding compensatory revenue, sha11 be reduced proportionately, according to the amount of time the pupil attends the program, and the payments to the eligible program and the contra.cting district shall be reduced accordingly. A pupil for whom payment is made according to this section may not be counted by any district for any purpose other thaa computation of general education revenue. If payment is made for a pupil undcr this subdivision, a district shall not reimburse a program under section 124D.69 for the same pupil. The basic sldlls revenue generated by pupils attending the eligible program according to sectian 126C.10. subdivision 4, shall be paid to the eligible program. (b) The department must pay up to 140 percent of the revenue to the eligible program if there is an agreement to that effect betwcen the school district and the eligible program. (c) Notwithstanding paragraphs (a) and (b), for an eligible program that provides chemical treatment services to students, the department must pay 100 percent of the revenue to the eligible ProSra.m• http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtyp�STAT_CHAP_SEC&year=20... 5130/2007 124D.68, Minnesota Statutes 2006 Page 3 of 3 Subd. 10. Severability. If for any reason any portion of this section is found by a court to be unconsritutional, the remaining portions of the section shall remain in effect. History: 1987 c 398 art 8 s 1 S; 1988 c 718 art 6 s 12,13; art 7 s 37-40; 1989 c 222 s 30, 31; 1989 c 329 art 7 s 8, 9; art 9 s 14; 1990 c 562 art 4 s 4-6; 1991 c 265 art 4 s 20-25; 1992 c 363 art 2 s 3; 1992 c 499 art 9 s 12; 1993 c 224 art 4 s 34-37; art 7 s 23; art 9 s 54; 1994 c 488 s 8; 1994 c 647 art 4 s 28-30; 1 Sp199S c 3 art 1 s Sl; art 8 s 8; art 16 s I3; 1996 c 412 art 4 s 18-22; 1997 c 7 art 1 s 70; 1 Sp1997 c 4 art 2 s 34; art S s 18,19; art 6 s 1 S; 1998 c 397 art 2 s 122-126,164; art 11 s 3; 1998 c 398 art 5 s SS; 1999 c 107 s 66: 1999 c 241 art 1 s S; 2000 c 489 art 3 s 3; 2000 c 343 s 4; 2043 c 130 s 12; 2004 c 206 s 51; 2004 c 294 an S s 9; 2005 c� 10 art 1 s 25; I Sp2005 c S art 1 s 11; 2006 c 263 art 1 s 6, 7 Please direct all comments conceming issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. Generai guestions or comments. http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtyp�STAT CHAP SEC&year=20... 5/30/2007