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HomeMy WebLinkAbout2010 05-10 CCP Regular Session i Public Copy AGENDA CITY COUNCIL STUDY SESSION May 10, 2010 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • • CITY COUNCIL MEETING City of Brooklyn Center May 10, 2010 AGENDA • 1. Informal Open Forum with City Council — 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on it is not televised and it may not the agenda. Open Forum will be limited to 15 minutes, y g p be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda • —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. April 26, 2010 — Study Session 2. April 26, 2010 — Regular Session 3. April 26, 2010 — Work Session 4. May 3, 2010 — Board of Appeal and Equalization Continuation b. Licenses C. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -01, 02, 03 and 04, Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements d. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -05, 06, 07 and 08, Twin Lake Area Neighborhood Street, Storm Drainage and Utility Improvements e. Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center • CITY COUNCIL AGENDA -2- May 10, 2010 • 7. Presentations / Proclamations /Recognitions/Donations a. Presentation of Plaque for Bond Rating Upgrade from Springsted/Standard & Poors to the City of Brooklyn Center Requested Council Action: — Motion to accept plaque. b. Presentation of Certificate of Achievement for Excellence in Financial Reporting to the City of Brooklyn Center Requested Council Action: — Motion to accept plaque. 8. Public Hearings a. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71 st Avenue) —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. • 2 b. An Ordinance Relating to Municipal Elections; Amending City Code Sections 9 - 401, 29 -402, and 29 -403 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. Motion to adopt ordinance. C. An Ordinance Amendin g P Brooklyn Chapter 4 of the Brookl Center City Charter, Sections 4.01 and 4.02 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to CONTINUE Public Hearing to a specified date or until such time as the Charter Commission makes its recommendation to the City • Council. CITY COUNCIL AGENDA -3- May 10, 2010 d. An Ordinance Relating to Campaign Signs; Amending City Code Section 34 -140 • —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. e. An Ordinance Relating to the Definition of the Clear View Triangle; Amending City Code Section 25 -802 —This item was first read on April 12, 2010; was published in the official newspaper on April 22, 2010; and is offered this evening for second reading and Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2010 -007 Submitted by Vanguard • Construction, Inc. for a PUD Amendment and Site and Building Plan Approval for Construction of a 6,757 sq. ft. Multi -tenant Office bBilding. The Planning Commission recommended approval of this application at its April 29, 2010, meeting. Requested Council Action: — Motion to approve Planning Commission Application No. 2010 -007 subject to the Planning Commission recommendations. 10. Council Consideration Items a. Resolution Declaring Earle Brown Days as a Civic Event from June 24 through June 26, 2010 Requested Council Action: — Motion to adopt resolution. b. Amendment of 2010 General Fund an Utility Operating Budgets 1. Resolution Amending the 2010 General Fund Budget Requested Council Action: — Motion to adopt resolution. 2. Resolution Amending the 2010 Utility Funds Budgets Requested Council Action: — Motion to adopt resolution. 11. Council Report • 12. Adjournment EDA MEETING • City of Brooklyn Center May 10, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. April 26, 2010 — Regular Session • 4. Commission Consideration Items None 5. Adjournment to Closed Executive Session • Discuss Pending Litigation Regarding a Potential Settlement with Oliver Companies Regarding the Construction of the Link — Embassy Suites Development Agreement and the D Barn Lease (Spa) ■ Attorney Client Privilege [Minn. Stat. § 13D.05, subd. 3 (b)] • Discuss the Sale of Real Property Located at 6037 Brooklyn Boulevard — Northbrook Apartments ■ [Minn. Stat. § 13D.05, subd. 3 (c)] • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 10, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Gears Board Selection Process — City Manager PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. 6101 Beard -6037 Brooklyn Blvd Update — Police 2. Sister City Update — Curt 3. 57th and Logan Update 4. Strategic Outcome Reports 5. Prosecutor Services Contract 6. Community Schools Update 7. 2011 Brooklyn Center Celebration Update • 8. Neighborhood Designations 9. Junk and Inoperable Vehicles Update — Back Yard Parking 10. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 11. Local Government Aid Policy 12. Brookdale Mall Update 13. Joslyn/City Property Remediation Update 14. Department Year End Reports 15. Active Living Program 16. RER — Howe Fertilizer Update 17. Garbage Hauler Report , 18. Repeat Violators Policy — Delinquent Taxes, Utilities, Etc. 19. Bus Shelter Location Policy • May 10'', 2010 City of Brooklyn Center, Minnesota City Council Meeting — Open. Forum 1) Owner John Roder /Sierra Sterling Investments, LLC requests rescission of Council adopted Resolution Number 2010 -77, April 26T 2010 based on the following information: 2) Owner John Roder was not present at hearing dated April 12 2010 due to the illness of co- worker John Cooke who has been extensively treated at Mayo Clinic and Hennepin Medical Center stemming from an original cancer diagnosis on July 31 ST, 2009, radiation /chemotherapy treatments, and resulting post surgical near death complications from cancer surgery done on October 20 2009. Owner John Roder has known John Cooke over 28 years. 3) The aforesaid creating extensive internal stress on Sierra Sterling investments Management of Sterling Square Apartments due to John Cooke being off work over 6 months total and nearly expiring on three separate occasions which ultimately caused the resolution 2010 -77 to be adopted. 4) The issues resulting in Resolution number 2010 -77 are now complied with, to wit: utilities are current, property taxes are paid. has effective) o wned/o erated this property 5 Sierra Sterling nvestments LLC s p P p riY g Y 10 years with no prior license revocation and has maintained the property and buildings in a manner consistent with State Law, and appropriate City Ordinances. 6) Sierra Sterling Investments, LLC is not immune from recent external macro and micro economic forces in the general U.S. economy and if the Council resolution 2010 -77 does not rescind said action based on all conditions in the resolution now being resolved, Sierra Sterling Investments, LLC. may not be able to own/manage the property for 1 year without said rental license, as the rental income would be decidedly affected to the point of potential bankruptcy. ALL OF THE AFORESAID, TO WIT: COMES NOW JOHN RODER/SIERRA STERLING INVESTMENTS, LLC. TO: respectfully request the City of Brooklyn Center City Council to rescind resolution number 2010 -77, and reinstate said rental license, all being in the best interest of Sterling Square Apartments located within the City of Brooklyn Center, Minnesota. City Council"Agenda'Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 26, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:06 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, - -- TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS . Councilmember Roche requested discussion on agenda item 9b, Planning Commission Application No. 2010 -006, specifically the requirement for landscape irrigation. He requested assurance the language did not allow any "wiggle room" and asked if this requirement should be superimposed into Condition 5 to ensure it happens. Director of Business and Development Eitel explained that the final landscape plan, when submitted, will show the landscaping as recommended by the Planning Commission and the irrigation system in place to cover the area. If the plans do not include that information, they will not be accepted. The Council discussed the location of Metro Transit bus shelters and whether a shelter should be requested at the building's front door so riders do not have to wait outside during inclement weather. Mr. Eitel advised it is the intent to request a bus stop by the building's front door so riders can wait inside the building. The Council indicated that may be preferable to having a bus shelter placed directly in front of this building, as some may deem it to be unsightly. The Council considered whether additional bus shelters should be requested at Humboldt Square or that, perhaps, the odds of receiving Metro Transit approval would be higher if only one shelter is requested. It was noted that bus shelters are designed to protect patrons from the impacts of passing traffic. It was the majority consensus of the Council to direct staff to obtain Metro Transit's criteria for • bus shelter location and to formulate a recommendation of shelter locations based on that criteria 04/26/10 -1- DRAFT for Council's review and comment at a future Work Session. R t discussion on agenda item 9a Planning • Councilmember Ryan requested cussio g g Commission Application No. 2010 -004, specifically the requirement for vacation of drainage and utility easements. Mr. Eitel explained the property was platted. with a five -foot drainage and utility easement that needs to be vacated so the building can abut that property line. He displayed a map to identify the location of the five -foot drainage and utility easement, driveway extensions, and single- family residence that will be removed. He indicated that CEAP has already acquired two single - family residences and now has adequate property to accommodate the street layout. The Council questioned the timeline for demolition of the single- family residence, road realignment, and installation of landscaping. Mr. Eitel indicated pla ns will be submitted this � , P year but it is likely construction will not occur until late summer or early fall so the landscaping may not occur until next year. The Council requested an explanation of the road realignment. Mr. Eitel used a map to describe the road realignment and pointed out the landscaped green space that will identify entry into a neighborhood. It was noted this neighborhood remains concerned about the potential for cut through traffic. Mr. Eitel explained that traffic counts show there is not very much cut through traffic at this time. But should it become a problem, the City will consider strategies such as traffic calming, • signage, and other options. Staff was asked to bring information on traffic options to the May 10, 2010, public meeting in case residents raise the issue of cut through traffic. Mr. Eitel suggested the City's Traffic Study Board address this issue as well. gg tY Public Works Director /City Engineer Steve Lillehaug stated this project will close access points into the school and due to the reconfiguring alignment into the site, it is anticipated there will be a lowering of traffic volumes north of that location. With regard to cut through traffic, vehicles coming from the west on 69 Avenue will most likely cut through on Perry Avenue to get to the CEAP site. However, bus traffic will no longer travel south on Perry Avenue which will somewhat offset the traffic volume. It was noted that access to the south had been closed previously and that area is now green space. It was the majority consensus of the Council that this project will be an asset to the City. However, resident's concerns need to be validated and properly addressed. Staff was asked to present information at the upcoming public input meeting on anticipated traffic volumes to assure residents that the City is attempting to minimize their concern regarding cut through traffic. MISCELLANEOUS Councilmember Roche requested support to speak with the City Manager about the concern of a Twin Lake neighborhood resident that his four properties were being charged on an annual basis 04/26/10 -2- DRAFT for vacant property assessments. It was the majority consensus of the Council to not object to • this request. Councilmember Lasman announced she will be gone from June 24 to July 7, 2010. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS POTENTIAL ACQUISITION OF THE NORTHBROOK APARTMENTS 6037 BROOKLYN BOULEVARD • Mr. Eitel presented the offer by Jerald Fenstad, owner of the Northbrook Apartments, and advised of potential opportunities associated with the acquisition in the reimaging of Brooklyn Boulevard. He noted the City owns two homes on Brooklyn Boulevard that could also be included in the reimaging of Brooklyn Boulevard that was identified in the 2030 Comprehensive Plan. Mr. Eitel asked whether the Council was interested in purchasing Mr. Fenstad's property assuming all eleven units are vacant. The Council discussed its goal of reimaging Brooklyn Boulevard and the use of the TIF 3 Housing Fund as the funding source for property acquisition. City Manager Boganey stated if the Council is in agreement to pursue acquisition, a not -to- exceed cost could be established and requirement placed for a $110,000 escrow account to cover reallocation costs. It was noted the assessed value of $545,000 was based on a valuation period of 2008 and 2009 so it may not necessarily represent the current market value of the property. City Attorney Charlie LeFevere advised that State law allows the Council to meet in closed session to formulate an acquisition offer and give direction to staff. Mr. Eitel requested Council direction on two policy questions: Does the Council believe that it is in the community's best interest to continue the acquisition of properties within the Brooklyn Boulevard Corridor? Does the City ouncil support the prioritizing of the use of TIF #3 tY Pp P g Housing Funds for this acquisition? Mr. Eitel stated if the Council determines to move forward, staff will do its best job to negotiate a fair purchase price for the Council's consideration. • 04/26/10 -3- DRAFT It was the majority consensus of the Council that this is an opportune time to acquire Brooklyn • Boulevard properties and combine smaller lots into a larger parcel for redevelopment, it is in the community's best interest to acquire single - family homes on Brooklyn Boulevard, and residents support the City having fewer rental properties. The Council directed staff to negotiate the best acquisition price for consideration by the Council at an Executive Session. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. • • 04/26/10 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 26, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehau Director of Business and Development Gary Eitel, Assistant City g p Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Infonnal Open Form. • No one wished to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Myrna Kragness, former Brooklyn Center Mayor, offered 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 Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City • 04/26/10 _ 1 _ DRAFT Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. • Others present were City Prosecutor Bill Clelland. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 6, 2010 — Joint Session with Commissioners 2. April 12, 2010 — Study Session 3. April 12, 2010 — Regular Session 4. April 12, 2010 — Executive Session 5. April 12, 2010 — Work Session 6. April 19, 2010 — Board of Appeal and Equalization 6b. LICENSES - • MECHANICAL Associated Mechanical 1257 Marshall Road, Shakopee CenterPoint Energy 9320 Evergreen Blvd., Coon Rapids Home Comfort Cooling & Heating 8111 151 Lane NW, Ramsey Northern Heating & Air 9431 Alpine Drive, Ramsey Stern Heating & Cooling 34181 180 Avenue, Red Wing Yale Mechanical, Inc. 9649 Girard Avenue S., Bloomington MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7231 Brooklyn Boulevard RENTAL INITIAL (two-year license) 5348 70 Circle Deepak Nath 5545 Brooklyn Boulevard William & Donna Zieska (passed with weather deferral) 3018 O'Henry Road Ut Nguyen RENEWAL (two-year license) 6700 Orchard Lane N, Marvin Gardens Redevco Marvin Garden LTD (passed with weather deferral) • 04/26/10 -2- DRAFT 5328 -30 Queen Avenue N. Chad & Amy Bucher 4100 61" Avenue N. Emmanual Coker 4907 65 Avenue N. William Bjerke 6835 Colfax Avenue N. Adeyinka Badewa 5419 Humboldt Avenue N. Cecilia Pineda 6907 Quail Avenue N. Tony & Carmen Holder INITIAL (TYPE II two-year license) 6000 Beard Avenue N. Victor Lindblom RENEWAL (TYPE II — two-year license) 5306 Russell Avenue N. Donna Reinarz 6813 Humboldt Avenue N. B304 Richard Edlich TOBACCO Regal Dollar & Tobacco, Inc. 61566 1h Avenue N. 6e. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY GRAND GEDEH ASSOCIATION IN THE AMERICAS, INC. FOR AN EVENT TO BE HELD MAY 15, 2010, AT 5801 JOHN MARTIN DRIVE, BROOKLYN CENTER • Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS /DONATIONS 7a. PROCLAMATION DECLARING MAY 16-22,2010, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mayor Willson read a proclamation declaring May 16 -22, 2010, to be Public Works Week in the City of Brooklyn Center. Councilmember Lasman moved and Councilmember Roche seconded to approve Proclamation Declaring May 16 -22, 2010, Public Works Week in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARING —None 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2010 -004 SUBMITTED BY . WELSH CONSTRUCTION, LLC. REQUEST FOR PRELIMINARY PLAT 04/26/10 -3- DRAFT APPROVAL OF NORTHWEST FAMILY SERVICES CENTER ADDITION, THE • CONSOLIDATION OF TWO RESIDENTIAL LOTS WITH THE LOT 3, BLOCK 1, OSSEO SCHOOLS WILLOW LANE ADDITION AND DEDICATION OF RIGHT -OF -WAY FOR THE REALIGNMENT /IMPROVEMENTS TO 71 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 14, 2010, MEETING City Manager Boganey introduced the item and reviewed the history. Director ' of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2010 -004 submitted by Welsh Construction, LLC requesting Preliminary Plat approval of Northwest Family Services Center Addition, the consolidation of two residential lots with the Lot 3, Block 1, Osseo Schools Willow Lane Addition, and dedicated right -of -way for the realignment /improvements to 71 Avenue North. He advised the Planning Commission recommended approval of this application at its April 15, 2010 meeting subject to several contingencies. 1. RESOLUTION NO. 2010 -75 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -004 SUBMITTED BY WELSH CONSTRUCTION, LLC, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF NORTHWEST FAMILY SERVICE CENTER Councilmember Lasman moved and Councilmember Roche seconded to approve • RESOLUTION NO. 2010 -75 Regarding the Disposition of Planning Commission Application No. 2010 -004, Submitted by Welsh Construction, LLC, a Request for Preliminary Plat Approval of Northwest Family Service Center. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2010 -006 SUBMITTED BY WELSH CONSTRUCTION, LLC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 63,362 SQ. FT. BUILDING ADDITION, TWO LEVEL PARKING GARAGE AND RELATED SITE IMPROVEMENTS TO 71 AVENUE AND WILLOW LANE PARKING LOT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 15, 2010, MEETING. Mr. Boganey introduced the item and reviewed the history. Mr. Eitel provided an overview of Planning Commission Application No. 2010 -006 submitted Welsh Construction, LLC for Site and Building Plan approval of a 63,362 sq. ft. building addition, three -level parking garage, and related site improvements to 71 Avenue and Willow Lane ECFE parking lot. He advised the Planning Commission recommended approval of this application at its April 15, 2010, meeting. Mr. Eitel displayed pictures of the existing building exterior elevations, depicting high quality design and building materials. He advised the applicant has agreed to continue the decorative landscaping theme along Brooklyn Boulevard • 04/26/10 -4- DRAFT • and to irrigate and provide on -going maintenance of those areas. Mr. Eitel used overhead street maps to describe access points, traffic circulation, how through traffic will be discouraged, reviewed traffic volumes, and identified the single - family homes that have been purchased to accommodate street realignment. He presented the landscape plan and noted the location of an existing fence, which the Planning Commission discussed and considered whether a berm should be installed to provide a long -term solution. 1. RESOLUTION NO. 2010 -76 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -006 SUBMITTED BY WELSH CONSTRUCTION, LLC, A REQUEST FOR SITE AND BUILDING APPROVAL FOR PHASE II OF THE NORTHWEST FAMILY SERVICE CENTER Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -76 Regarding the Disposition of Planning Commission Application No. 2010 -006, Submitted by Welsh Construction, LLC, a Request for Site and Building Approval for Phase II of the Northwest Family Service Center. S ome C Members ouncil indicated support for the installation of a berm that will grow and pp mature rather than a fence that will deteriorate. It was noted that staff will be prepared at the public hearing to answer resident's questions related to traffic concerns. Mayor Willson commented that this project has been planned for a long time and is finally . coming to fruition, acting as a "front door" that identifies Brooklyn Center. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -77 MAKING FINDINGS OF FACT AND ORDER RELATING TO STERLING SQUARE APARTMENTS, 1400 AND 1401 67 AVENUES NORTH AND 6640 AND 6700 HUMBOLDT AVENUES NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed advertised and held to address delinquent taxes and delin resolution. He noted the hearing had been q utilities and the Council had directed staff to prepare findings of fact and resolution to revoke the rental license. Mr. Boganey indicated the Council had not yet specified the period of time for which the license would be revoked. Prosecuting Attorney William Clelland advised that the City Clerk had verified that effective 4:34 p.m. today, the second half 2009 property taxes had not been paid. With regard to the appropriate timeline for revocation, City Attorney Charlie LeFevere referenced resolution language detailing the grounds under which the Council may revoke a rental license and determine the term. The resolution indicates: "The Council shall give due i 04/26/10 -5- DRAFT regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided, and good faith efforts to comply..." • Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -77 Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 140167 1h Avenues North and 6640 and 6700 Humboldt Avenues North. The Council noted that property taxes in the amount of $35,000 are six months past due and the property owner had made no good faith effort to make payment, request a payment plan, or indicate the presence of a hardship. In addition, the property owner did not attend the hearing to communicate his perspective. The Council concurred with the need to send a "strong message that the City is serious about its standards in how rental properties are managed. The Council requested a legal opinion related to the process should the appellant choose to protest property taxes. Prosecuting Attorney William Clelland advised that under Statutes, taxes not in dispute must be paid and the appellant must begin legal action that is served with the County. Mr. Clelland stated he found no evidence that Mr. Roder (property owner) had commenced legal action so this property does not qualify for that type of consideration. Mr. Clelland stated he wrote a letter to Mr. Roder requesting documentation but a response has not been received. The Council noted that a one -year revocation had been imposed in the past and requested a legal opinion whether imposing a six -month revocation with this case may establish precedence for future considerations. Mr. LeFevere explained that while this action is not a legal binding • precedence, it certainly creates a political expectation on the part of citizens and landowners that they will be treated equally under the same set of circumstances. Councilmember Roche amended his motion to include a revocation of one year, until April 27, 2011. Councilmember Lasman, who seconded the motion, stated that while she finds this case to be less problematic than a past case that had a tremendous history of violations, the City Code clearly states that the licensee must remain current with all taxes, utilities, and assessments during the term of the rental license. She stated this is a clear violation and she maintains the second to the motion with a revocation of one year, until April 27, 2011. Councilmember Yelich stated that for the reasons cited by Councilmember Lasman, he believed a one -year revocation would be excessive and is more comfortable with a term of six months. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -77 Making Findings of Fact and Order Relating to Sterling Square Apartments, 1400 and 1401 67` Avenues North and 6640 and 6700 Humboldt Avenues North, to amend to institute a six -month revocation. Councilmember Ryan spoke in support of a six -month revocation based on consideration of the criteria detailed in the resolution regarding frequency and severity of violation. He stated he 04/26/10 -6- DRAFT does not want the revocation to result in driving anyone out of business and believes that a six- month revocation is proportionate to the violation. Councilmember Roche spoke in support of a one -year revocation, citing ordinance language and especially given the amount of staff work to get the rental ordinance updated. Councilmember Lasman stated that for her it is less a matter of length of time (six months or one year) and more a matter of "sending a clear message" that delinquency will not be tolerated. She stated she can support either term because the City is sending the same message as long as there is a clear majority of support on the Council. Mayor Willson agreed with the need for Brooklyn Center to "send a clear message" and support for a one -year revocation. He noted that the property owner did not attend the hearing and has taken no action to make payment of the $35,000 delinquent taxes. Mayor Willson indicated this is not an easy decision, but it is the most fair given actions taken on other properties that have clearly violated the ordinance. Councilmember Yelich spoke in support of his motion to amend for a six -month revocation because it sends a "clear message" since the property owner cannot rent vacant units or units that become vacant during the term of revocation. In addition, the property owner must reapply and pay for a rental license and inspections. Councilmember Yelich stated he thinks a revocation of six months is more proportional and encouraged support of the amended motion. • Councilmember Ryan asked whether it would be in order to hear from the property owner. Mayor Willson advised this is a determination of the Chair and he was not in favor of opening the floor for comment since his hearing process had been held, the property owner chose not to come forward at the hearing, and a hearing was not scheduled for tonight's meeting. Councilmembers Lasman, Roche, and Mayor Willson voted against the same. Motion to amend failed. Original motion passed unanimously, with one -year revocation. 10b. RESOLUTION NO. 2010 -78 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2010 DISEASED TREE REMOVAL Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted the low bidder, Arbor Design Tree Service, Inc. has performed satisfactorily in the past and has a good record with the Better Business Bureau. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -78 Accepting Quotation and Awarding a Contract for 2010 Diseased Tree Removal. Motion passed unanimously. • 04/26/10 -7- DRAFT 10c. AMEND 2010 CITY COUNCIL MEETING SCHEDULE • Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to amend the 2010 City Council meeting schedule to set the date and time of the Continued Board of Appeal & Equalization meeting for Monday, May 3, 2010, at 6 p.m. in the Brooklyn Center City Hall Council Chambers. Motion passed unanimously. 10d. AN ORDINANCE RELATING TO DISEASED TREES; AMENDING VARIOUS SECTIONS OF BROOKLYN CENTER CITY CODE ORDINANCE, SECTIONS 20-204,20-302 THROUGH 2O -304 Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed ordinance regulating diseased and dead trees to provide clearer Code language and streamline City procedures. The Council discussed the ordinance language and what length of time would be reasonable for tree stump removal. Ms. Schleuning explained that a tree stump used as decoration would not pose as much of a problem as a diseased or infested tree stump. The Council also discussed a scenario of timing for tree stump removal following a large storm, accessibility of equipment . into fenced back yards, and questioned whether a period of ten days was reasonable. Ms. Schleuning advised of staff's procedure to meet with the resident on site to determine the situation, whether the tree is diseased, if complaints had been received, and time period that would be reasonable and allow the property owner to remove the tree stump. Mr. Boganey noted if a resident was unable to find a contractor to perform the job in a fenced rear yard area, the City would probably have the same difficulty. In that case, the resident would be allowed to complete the stump removal in a timeframe that works. The Council expressed concern with the requirement to mill stumps just below the surface of the ground, even if not diseased, as it would result in additional costs to the property owner who may not be interested in milling the stump below ground level. It was noted that following a large storm, tree removal contractors come into the area to provide quotes to remove trees and tree stumps. The Council thanked staff for its work on the ordinance amendment and discussed whether the length of time for tree stump removal should be increased to several weeks. Mr. Boganey reviewed the actual time line for staff to take action, contact the property owner, determine the situation, and send notice allowing ten days. Ms. Schleuning commented on the need for a shorter time frame if the tree is diseased, is a public nuisance, has been dead for a long time, or endangering property. If there is a large storm, • 04/26/10 -8- DRAFT staff understands the need to be reasonable and residents would be given a longer period of tune. . She noted the City has a list of licensed contractors to help residents. The Council suggested that language be added to allow staff the ability to extend the period of time in certain cases, when appropriate. Mr. LeFevere explained this amendment shortens the time period from 20 days to 10 days. Ms. Schleuning estimated it takes closer to 30 days to give the initial notice, second notice, schedule and hold a public hearing before the Council, and send a follow -up notice. She advised that Chapter 19 relates to State Statute and this amendment would provide consistency and follow up but there would probably not be much difference in the time frame even though amended from 20 to 10 days. The Council suggested that language also be added to identify the steps taken in the process to provide more clarity. The Council discussed whether first reading should be delayed until staff has revised the language to clarify the issues raised, or if first reading should be given and the language changed prior to consideration of second reading. Mr. LeFevere stated this matter is not time sensitive so first reading could be tabled to the next meeting. Mayor Willson moved and Councilmember Lasman seconded to not approve first reading of An Ordinance Relating to Diseased Trees; Amending Various Sections of Brooklyn Center City Code, Sections 20 -204, 20 -302 through 20 -304, and direct staff to clarify language relating to days of notice and add detail on each step that would occur during the process. Councilmember Yelich voted against the same. Motion passed. • 10e. RESOLUTION NO. 2010 -79 ADOPTING A FEE SCHEDULE FOR THE ADMINISTRATIVE PENALTY SYSTEM Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the proposed resolution to institute an administrative penalty system to address Code violations. The Council acknowledged the documentation is well laid out and easily understood. It was suggested that once approved, an article be published in City Watch regarding setback placement of waste and recycling containers. The Council discussed the proposed language addressing repeat violation and associated fines. Ms. Schleuning advised that when someone purchases a property, they are required to change the property owner name with the County and the City receives a copy of that information. She explained that the City notifies both the property owner and the occupant because while the property owner is still responsible for the property, in some cases both the property owner and the renter may be held responsible. Ms. Schleuning explained that it is not intended for the City to make money on the fines. Mr. Boganey explained the reference about the approved budget position that is currently vacated is to say to Council that when implementation of the program goes forward, that staff position will need to be filled. With respect to whether fees will cover the cost of enforcement or 04/26/10 -9- DRAFT I offset costs, the answer is yes. The fees will go to the General Fund and this staff position is a • General Fund position. Ms. Schleuning advised that a big part of the enforcement program is an educational component and most times the violation is corrected when a compliance notice is sent. It is seldom that enforcement would be considered as the first action. Mr. Boganey agreed the goal is compliance and staff will make residents aware of the ordinance and, if necessary, give a warning. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -79 Adopting a Fee Schedule for the Administrative Penalty System. Motion passed unanimously. 10L AN ORDINANCE RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTION 5 -203 Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the proposed ordinance is to update the City's Fire Code to correct and clarify language and provide conformity with the Minnesota State Building and Fire Codes. Councilmember Roche moved and Councilmember Ryan seconded to approve first reading of An Ordinance Relating to Fire Code; Amending a Section of Brooklyn Center City Code, Sections 5 -203, and scheduling a second reading and Public Hearing for May 24, 2010. . Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: • Northern Lights District Cub Scout Pinewood Derby hosted by the local GMC dealer. • Northern Star Council gathering of Eagle Scouts dinner and fund raiser. • Shingle Creek Watershed cleanup effort this past week and complimented all who came out in spite of the weather. • Earth Fest hosted by the Brooklyn Center High School this past Saturday. He stated he was impressed at the number and content of booths and the event was highly attended. • Meeting of local community activist creating momentum for redevelopment and job creation. Councilmember Yelich announced the Park and Recreation Commission will be touring local parks starting on May 18, 2010, and the City Council will be invited. He reminded residents that if they don't have insurance coverage for prescription drugs, the City offers a discount card for local retail pharmacies. He stated the cards are available at City Hall and urged residents to take advantage of this program. • 04/26/10 -10- DRAFT Councilmember Lasman reported on her attendance at the following events: • • April 15, 2010, Brooklyn Center Special Events Committee meeting to discuss the "Party of the Century" scheduled on February 5, 2011. She urged residents to mark this date on their calendar. • April 19, 2010, Board of Appeal and Equalization. • April 23, 2010, retirement party for former Police Chief Scott Bechthold that was attended by many. • April 24, 2010, Shingle Creek cleanup that was attended by 40 participants who picked up 40 1 ' bags of trash so the Creek is better looking as a result. She advised that more cleanup will 1 occur in the upcoming weeks. • April 24, 2010, Earth Fest at the Brooklyn Center High School where she was impressed with the turnout and booths Councilmember Lasman stated she was not able to attend the April 21, 2010, Brooklyn Center Police and Citizens Awards Ceremony ut heard it was a wonderful event and congratulated all Y � who received awards. She announced the May 21, 2010, Brooklyn Center Crime Prevention annual fund raiser golf tournament at Centerbrook Golf Course. She indicated that sponsorships remain available, and encouraged residents to participate and support the City's crime prevention efforts. Councilmember Roche reported on his attendance at the following events: • Board of Appeal and Equalization meeting that had a low turnout so it appears most property owners do not object with their assessed value. • • Annual Police and Citizen Awards Ceremony, an outstanding event that packed Constitution Hall. He congratulated the Police Officers and Commander Benner who did an outstanding job. • On Tuesday, the Housing Commission toured Gateway Commons, an outstanding new complex on Xerxes and Bass Lake Road. • Earth Day Celebration, which was an outstanding success with almost 500 people in attendance. He thanked the Brooklyn Center High School for allowing the use of its facility for this event. Councilmember Roche stated he was not able to attend former Police Chief Scott Bechthold retirement party. He thanked staff, the Police Department, and the current and fonner City Council's for their efforts to get more officers on the streets which he believed has resulted in a rebirth of Brooklyn Center. Councilmember Roche reported on the Roundtable Meeting he attended at the Earle Brown Heritage Center and the facility tour that followed. Councilmember Ryan reported on his attendance at the April 21, 2010, Police and Citizens Y p Awards Annual Ceremony. He indicated it was truly inspiring to hear of the events that occurred above and beyond the call of duty by Police Officers and ordinary citizens who have done extraordinary things and selfless efforts. He indicated that the City's First Responders are not only worthy of praise but also an inspiration to all and personifies what makes Brooklyn Center a great community. • Mayor Willson reported on his attendance at the following events: Y p g 04/26/10 -11- DRAFT • April 14, 2010, Centennial Meeting. • April 15, 2010, Special Events meeting where former Mayor Phil Cohen was a speaker. • • April 21, 2010, Police and Citizens Awards Ceremony, noting it was the largest awards event the City has held. • April 22, 2010, Metro Cities Annual Meeting at the University Club that he attended with Mr. Boganey. • Ap ril 23 2010 , Retirement Party for former Police Chief Scott Bechthold. He stated the skit performed by Interim Police Chief Kevin Benner was excellently done and it was enjoyable to meet with family, friends, and former coworkers. • April 25, 2010 Lions Breakfast at the Brooklyn Center High School. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Lasman seconded adjournment of the City Council meeting at 9:00 p.m. Motion passed unanimously. • i • 04/26/10 -12- 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 APRIL 26, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:32 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. POTENTIAL ACQUISITION OF THE NORTHBROOK APARTMENTS 6037 BROOKLYN BOULEVARD • This item was addressed at the Study Session. UPDATE ON THE COMMUNITY GARDENING PROGRAM AND ESTABLISHING A GARDEN PLOT RENTAL FEE Mr. Eitel presented staff's recommendation that the Council consider establishing a Community Garden Program. He advised that it would cost about $8,000 to provide a metered irrigation system. Should that cost be amortized over three to five years, it would require no fewer than 100 rental plots at an annual rental rate of $50 each. Staff also considered the option of a 300 to 500 gallon water storage tank, estimated at $450 to $650 depending on the size. It is felt that a fee of $25 per year would cover the City's out -of- pocket costs. The water storage tank would be portable and can be reused in the event the gardening program is not continued. Mr. Eitel requested City Council input on the following policy issues: 1. Option of providing a community garden program with a temporary water source and without a City water source; 2. E he 2010 program; and Establishing a garden lot rental fee of $25 for , g g p P g 3. Direction on pursuing options and potential investments that would enable expansion of the community garden program at this location. The Council discussed whether the City should initiate a garden plot program to determine the • level of participation. It was noted this program would meet the Council's goal to engage 04/26/10 -1- DRAFT residents that are not normally engaged. Mr. Eitel advised that if initiated with a portable water tank, the City may receive additional requests. • Mayor Willson noted that the Council originally thought a civic group would be involved with the garden plot program. He expressed concern with how this program would be administered, the aesthetics of a portable water tank, and lack of input from citizens within the community. Mr. Eitel stated if so directed by the Council, staff will accept plot applications, measure out garden plots, and coordinate with the Public Works Department to provide water. Councilmember Roche expressed his strong support for the garden plot program and suggested it would be an economic development ingredient for the 57th and Logan Avenues areas, the most distressed area of the community. He suggested, for the record, that staff research the option of shared services with Brooklyn Park. Councilmember Ryan noted a number of residents are very interested in community gardens and indicated he would support moving forward with a minimum commitment and a plot fee of $25. He suggested that the number of applications received will determine the size of the portable water tank. Councilmember Lasman noted that a fee of $25 per plot for 40 plots would cover the cost for the water tank. She felt people were becoming more interested in gardening and that the costs involved did not present a big risk. She stated the City needs to advertise that it is looking for someone to eventually adopt the program. The Council discussed the operation at the southwest corner of Brooklyn Boulevard and Bass Lake Road that received a grant and expanding its operation. It was noted that Mr. Fern's property was not zoned commercial because it does not have access, and Mr. Fern is aware of that situation. Mr. Eitel advised that the Planning Commission will be discussing administrative use permits and 2010 open market activities. He explained there is a potential for two farmers markets. The majority consensus of the City Council was to direct staff to move forward with a garden plot program with a $25 annual fee, use of a portable water tank sized based on participation, and to include a noise prohibition in the contract. Staff will assess its success at the end of the season. 2010 BUDGET AMENDMENT City Manager Curt Boganey advised of staff efforts to formulate a budget response based on the State's budget and indication that $1,069,310 of LGA was unalloted, leaving $411,554. He explained that if no action is taken, the 2010 adopted budget will have a $411,554 gap. Each department was asked to identify 6% of reductions, consider the implications of potential cuts, and minimize the impact on strategic goals of the Council as much as possible. Mr. Boganey explained the net result of those discussions is over $300,000 of budget adjustments of which $162,000 involve funding shifts that can be justified. The remaining $150,000 would be budget 04/26/10 -2- DRAFT reductions. He stated this level should be sustainable in the 2011 budget but cautioned that • cutting more than this amount would directly impact services or needed staffing position. Mr. Boganey presented the recommended 2010 budget amendments: $325,000 in expenditure /revenue changes; $100,000 in vacant personnel savings; and, $100,000 in use of contingency for a total of $525,000. Mr. Boganey stated the audit will show the City ended last year with a "surplus" of over $700,000, which is significantly more than budgeted. Mr. Boganey advised that revenue surplus could be used to balance the 2010 budget, if need be. Mayor Willson noted the gardening plot program would use almost a full -time position and expressed concern that future State unallotments would result in the City having to cut programs and services and potential layoffs. Mr. Boganey advised the vacant staff positions cannot remain vacant for the remainder of the year without having an impact on the Council's goals. Councilmember Roche pointed out that shared services for the garden plot program will dissipate the concern of staff time and the City needs to be clear it is to be a volunteer effort or the program will not continue. He commended staff for identifying $325,000 in budget amendments and noted the City may shortly receive tax revenue from Brookdale. Mr. Boganey advised that budget adjustments can be made this year but if there are further LGA cuts in 2011, the Council will have to decide between more taxes or cuts in 2011. • Councilmember Yelich challenged the assumption that it is a choice between raising taxes or cutting services. He suggested the Council look at how the City can do things differently to accomplish goals more cost effectively. He stated he will be pushing for creative solutions, noting there is an unending source of human creativity. Mr. Boganey stated he will attend a meeting in the next two weeks with ten other cities to discuss shared services. The majority consensus of the City Council was to direct staff to present a budget amendment for Council's consideration. JOINT COMMISSION MEETING FOLLOW UP Mr. Boganey stated at the April 6, 2010, joint meeting, some Commissions requested a response to their proposal or further direction. The Council discussed the activities of the Housing Commission, its desire to play a constructive role, and intention to solicit funds. The consensus of the City Council was that the Housing Commission should not solicit funds for the City. It was suggested the Housing Commission should address the issue of property maintenance and valuations. 04/26/10 -3- DRAFT The Council then discussed the wide disparity within neighborhoods with regard to property maintenance and whether the City is doing all it can to assure its housing stock. Mr. Boganey • explained that the City is limited in its authority so it can only enforce minimum standards. It was suggested a Cit volunteer in organizing ested the Housing Commission may be interested g g ty gg g Y effort to identify such areas of need. The Council agreed with the suggestion of Mr. Boganey that the Housing Commission be asked to promote efforts to maintain and improve neighborhoods, which would get to the next level beyond City enforcement and promote what citizens are willing to do on a private basis. It was noted that senior housing is a long -term effort and not progressing at this point. ADJOURNMENT C6uncilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority 'Work Session at 10:52 p.m. Motion passed unanimously. • • 04/26/10 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL . OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION MAY 03, 2010 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Local Board of Appeal and Equalization and the meeting was called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Hennepin County Commercial Appraiser Chris Bennett, and Deputy City Clerk Maria Rosenbaum. 2. ASSESSOR'S REPORTS AND RECOMMENDATIONS City Assessor Nancy Wojcik summarized the history of the following appeals and presented staff • recommendations for each property included with the packet. She informed that the appellant provided comparative sales data, profit and loss findings, and also rent income for all properties. The appellant was not present at the meeting and it was the consensus of the Board to consider each of the Assessor's recommendations. The Mayor read the recommendations for each property. Cel Monton LLC, 5857 Colfax Avenue N. Adjust the 2010 estimated market value of $122,800 to $127,900 for taxes payable in 2011. Councilmember Lasman moved and Councilmember Ryan seconded to increase the 2010 estimated market value of $122,800 to $127,900 for taxes payable in 2011. Motion passed unanimously. RiFive Investments LLC, 6014 Girard Avenue N. Reduce the 2010 estimated market value of $113,500 to $110,600 and remove the $2,000 improvement for taxes payable in 2011. Mayor Willson moved and Councilmember Roche seconded to reduce the estimated market value of $113,500 to $110,600 and remove the $2,000 improvement for taxes payable in 2011. Motion passed unanimously. 05/03/10 -1- DRAFT • Cel Monton LLC, 5640 Fremont Avenue N. Reduce the 2010 estimated market value of $1 22,700 to $117,200 for taxes payable in 2011. • Councilmember Lasman moved and Councilmember Roche seconded to reduce the 2010 estimated market value of $122,700 to $117,200 for taxes payable in 2011. Motion passed unanimously. RiFive Investments LLC, 5739 James Avenue N. Increase the 2010 estimated market value of $133,900 to $137,000 for taxes payable in 2011. Councilmember Lasman moved and Councilmember Roche seconded to increase the estimated market value of $133,900 to $137,000 for taxes payable in 2011. Motion passed unanimously. RiFive Investments LLC, 5542 Irving' Avenue N. Reduce the 2010 estimated market value of $119,500 to $117,100 for taxes payable in 2011. Councilmember Ryan moved and Councilmember Lasman seconded to reduce the estimated market value of $119,500 to $117,100 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 5443 Irving Avenue N. Reduce the 2010 estimated market value of $126,700 to $121,800 for taxes payable in 2011. Councilmember Roche moved and Councilmember Lasman seconded to reduce the 2010 estimated market value of $126,700 to $121,800 for taxes payable in 2011. Motion passed • unanimously. Cel Monton LLC, 5351 Irving Avenue N. Reduce the 2010 estimated market value of $114,500 to $111,800 for taxes payable in 2011. Councilmember Roche moved and Councilmember Lasman seconded to reduce the 2010 estimated market value of $114,500 to $111,800 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 3707 61 Avenue N. Sustain the 2010 estimated market value of $151,800 for taxes payable in 2011. Councilmember Ryan moved and Councilmember Lasman seconded to sustain the 2010 estimated market value of $151,800 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 5325 70 Circle. Sustain the 2010 estimated market value of $120,900 for taxes payable in 2011. 05/03/10 -2- DRAFT • Councilmember Lasman moved and Councilmember Roche seconded to sustain the 2010 • estimated market value of $120,900 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 5418 70 Circle. Reduce the 2010 estimated market value of $116,300 to $114,000 for taxes payable in 2011. Councilmember Roche moved and Councilmember Lasman seconded to reduce the 2010 estimated market value of $116,300 to $114,000 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 7030 Regent Avenue N. Reduce the 2010 estimated market value of $131,900 to $128,100 for taxes payable in 2011. Councilmember Roche moved and Councilmember Lasman seconded to reduce the 2010 estimated market value of $131,900 to $128,100 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 6601 Unity Avenue N. Reduce the 2010 estimated market value of $132,800 to $126,700 for taxes payable in 2011. Councilmember Lasman moved and Councilmember Roche seconded to reduce the 2010 estimated market value of $132,800 to $126,700 for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 6413 June Avenue N. Increase the 2010 estimated market value of $129,200 to $131,500 and to retain the $5,000 improvement for taxes payable in 2011. Councilmember Roche moved and Councilmember Lasman seconded to increase the estimated market value of $129,200 to $131,500 and retain the $5,000 improvement for taxes payable in 2011. Motion passed unanimously. Cel Monton LLC, 6114 Dupont Avenue N. Reduce the 2010 estimated market value of $133,900 to $123,100 and remove the $8,000 improvement for taxes payable in 2011. Councilmember Ryan moved and Councilmember Lasman seconded to reduce the 2010 estimated market value of $133,900 to $123,100 and remove the $8,000 improvement for taxes payable in 2011. Motion passed unanimously. 3. ADJOURN Councilmember Yelich moved and Councilmember Lasman seconded to adjourn the meeting at 6:25 p.m. Motion passed unanimously. 05/03/10 -3- DRAFT i • City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: May 4 2010 TO: Curt Boganey, City Manager "m e FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its May 10, 2010, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. FIREWORKS — TEMPORARY STAND Holiday Station Stores Inc. 42066 1h Avenue N TNT Fireworks — Cub Foods 3245 County Road 10 MECHANICAL Cornerstone Mechanical 11315 Florida Avenue, Champlin Louis Degidio Services, Inc. 21033 Heron Way, Lakeville United Heating A/C 1295 Hackanlore Road, Medina MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick GMC 430168"' Lane N Luther Brookdale Chevrolet 6701 Brooklyn Blvd R.L. Brookdale Motors 6801 Brooklyn Blvd RENTAL See attached reports. SIGN HANGER Signs by RSG 6080 Highway 10, Ramsey Sign Source 7660 Quattro Drive, Chanhassen Budget Issues: There are no budget issues to consider. VissXoii:EitSurbii an attracti cl ean, sgjj coif munio; th Lisheni[`es the qitafl�v of lq6 and Jf }'F.`verves the public fru"d f Rental Standards Prior to March 6, 2010 6819 Humboldt Ave N A101 Single Family Initial Raymond Charest 70! OK OK 6819 Humboldt Ave N A203 Single Family Initial Raymond Charest OK OK 490161st Ave N Passed with Weather Deferral Single Family Renewal Antonio Smith 0 OK OK 5425 Irving Ave N ISingle Family lRenewal Nathan Pollock 0 OK OK 6825 Scott Ave N ISingle Family I Renewal Douglas Pederson 0 OK OK Current Rental Standards 5432 Dupont Ave N Single Family Initial Xiangming Guan 0 II 0 II OK OK 6607 Beard Ave N Single Family Initial Ernie Zheng 0 II 0 II OK OK 5407 Brooklyn Blvd Passed with Weather Deferral Single Family Renewal Duane Orn 1 1 0 1 OK OK 5319 Queen Ave N Two Family (1) Renewal Karen Pelak 0 1 0 1 OK OK 5115 Twin Lake Blvd E Two Family (1) Renewal Ruth Cioni 0 1 0 1 OK OK 5901 Aldrich Ave N Single Family Renewal Scott & Vickie Huber 0 1 0 1 OK OK 5200 France Ave N Single Family Renewal Christian Knutson 0 1 3 II OK OK 6724 Toledo Ave N Isingle Family Renewal Steve & Cheryl Schleif 0 1 0 1 OK OK 1 4118 Woodbine La ISingle Family Renewal Ron & Jeanette Blasewitz 0 1 0 1 OK OK * CFS = Calls For Service ** Final License Type Type 1 = 3 year Type II = 2 year Type III =1 year Type IV = 6 mos City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM • DATE: May 4, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -05, 06, 07 and 08, Twin Lake Area Neighborhood Street, Storm Drainage _ and Utility Improvements Recommendation: It is recommended that the City Council consider approval the lowest responsible bid and award a contract to Nodland Construction Co., Inc. for Improvement Project Nos. 2010 -05, 06, 07 and 08, Twin Lake Area Neighborhood Street, Storm Drainage and Utility Improvements. Background: Bids for the Twin Lake Area Neighborhood Street, Storm Drainage and Utility Improvements, Project Nos. 2010 -05, 06, 07 and 08, contract were received and opened on April 29, 2010. The bidding results are tabulated below: BIDDER TOTAL Nodland Construction Co., Inc. $3,433,246.65 ** LaTour Construction $3,460,861.20 • S.R. Weidema $3,498,056.08 ** Asphalt Surface Technologies Corp. $3,646,391.01 Redstone Construction Co., Inc. $ $ 3,653,456.15 Kuechle Underground $3,808,116.01 Northwest Asphalt, Inc. $3,987,524.52 ** Northdale Construction Co., Inc. $3,992,388.56 Burschville Construction $4,096,357.75 ** Geislinger & Sons, Inc. $4,303,131.50 Palda and Sons, Inc. $4,318,636.26 Thomas & Sons $4,501,783.35 "Results shown above for Nodland Construction Co, Inc., S.R.Weidema, Northwest Asphalt and Burschville Construction include minor corrections in total bid amount due to mathematical errors on their bid forms. Corrections do not change the order of bids. Of the twelve (12) bids received, the lowest bid of $3,433,246.65 was submitted by Nodland Construction Co., Inc., of Alexandria, Minnesota. Nodland Construction, Co., Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $3,433,246.65 is within the 2010 budgeted amount (see attached Resolution — Costs and Revenue tables). The total estimated budget was $5,604,000 and is amended to $4,207,896.65, an approximate 24.9 percent decrease. • llission: Lnsru'ili, an nlrractire, cicult, self( cannnnlrili• lliut endunce.s file yuulif ofCifi utirlpreserses the pnhlic trust COUNCIL ITEM MEMORANDUM Council Goals: • Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • • J iss ion: I-nsurin- nit aitractive, clean, cn /r comm unifr thin enhances the gitWin of lift anti preserves the lurblic Irnsi • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010-05,06,07 AND 08, TWIN LAKE AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2010 -05, 06, 07 and 08, bids were received, opened, and tabulated by the City Clerk and Engineer on the 29 day of April, 2010. Said bids were as follows: Bidder Total Nodland Construction Co., Inc. $3,433,246.65 ** LaTour Construction $3,460,861.20 S.R. Weidema $3,498,056.08 ** Asphalt Surface Technologies Corp. $3,646,391.01 Redstone Construction Co., Inc. $3,653,456.15 Kuechle Underground $3,808,116.01 Northwest Asphalt, Inc. $3,987,524.52 ** • Northdale Construction Co., Inc. $3,992,388.56 Burschville Construction $4,096,357.75 ** Geislinger & Sons $4,303,131.50 Palda and Sons, Inc. $4,318,636.26 Thomas & Sons $4,501,783.35 ** Results shown above for Nodland Construction Co, Inc., S.R.Weidema, Northwest Asphalt and Burschville Construction include minor corrections in total bid amount due to mathematical errors on their bid forms. Corrections do not change the order of the bids. WHEREAS, it appears that Nodland Construction Co., Inc., of Alexandria, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Nodland Construction Co. Inc., of Alexandria, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2010 -05, 06, 07 and 08, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. • RESOLUTION NO. • 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $4,799,000.00 $ 3,433,246.65 Lighting $ 75,000.00 $ 44,650.00 Contingency $ 365,000.00 $ 365,000.00 Subtotal Construction Cost $5,239,000.00 $ 3,842,896.65 Admin/Legal /Engr. $ 365,000.00 $ 365,000.00 Total Estimated Project Cost $5,604,000.00 $ 4,207,896.65 Amended REVENUES Estimated per Low Bid Street Assessment $ 930,888.00 $ 930,888.00 Storm Drainage Assessment $ 306,444.00 $ 306,444.00 Sanitary Sewer Utility $1,152,000.00 $ 902,386.00 Water Utility Fund $ 828,000.00 $ 612,985.00 Storm Drainage Utility Fund $ 659,556.00 $ 394,035.70 Street Light Utility $ 87,000:00 $ 56,650.00 • Street Reconstruction Fund $1,640,112.00 $1,004,507.95 Total Estimated Revenue $5,604,000.00 $4,207,896.65 May 10, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 60 • COUNCIL ITEM MEMORANDUM • DATE: May 4, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2010 -01, 02, 03 and 04, Dupont Avenue Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval the lowest responsible bid and award a contract to Nodland Construction Co., Inc. for Improvement Project Nos. 2010 -01, 02, 03 and 04, Dupont Avenue Street, Storm Drainage and Utility Improvements. Background: Bids for the Dupont Street, Storm Drainage and Utility Improvements, Project Nos. 2010 -01, 02, 03 and 04, contract were received and opened on April 29, 2010. The bidding results are tabulated below: BIDDER TOTAL Nodland Construction Co., Inc. $2,489,652.24 • ASTECH Corporation $2,610,389.98 Northdale Construction Company $2,784,076.89 ** Valley Paving, Inc. $2,886,091.25 S.R. Weidema, Inc. $2,889,518.10 ** Minger Construction, Inc. $2,944,459.26 ** LaTour Construction, Inc. $2,949,046.56 Forest Lake Contracting, Inc. $3,005,463.16 Geislinger & Sons, Inc. $3,096,712.96 ** Palda and Sons, Inc. $3,164,583.57 * *Results shown above for Northdale Construction Company, S.R.Weidema, Minger Construction, Inc., and Geislinger & Sons include minor corrections in total bid amount due to mathematical errors on their bid forms. Corrections do not change the order of the bids. Of the ten (10) bids received, the lowest bid of $2,489,652.24 was submitted by Nodland Construction Co., Inc., of Alexandria, Minnesota. Nodland Construction, Co., Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $2,489,652.24 is within the 2010 budgeted amount (see attached Resolution — Costs and Revenue tables). The total estimated budget was $3,459,000 and is amended to $3,210,770.24, an approximate 7.2 percent decrease. • lli,sini) - It, usrrriII" till crin•ucliwe, c iruit, cafc ro nIn III nilr 1/11U cnh (III ce's the gl0tilifI aj /ifi and prvserrts the public lrusl I COUNCIL ITEM MEMORANDUM Council Goals: • Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • • l,iruriIt, an it /Irar/irr, clrurr, VI rrrnuuur+ih hurl r nhurrres Ihr yrrulitr fi/ lilt rnrrl /rrc.Nrrrcj% flit puh/ir Irrtw • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03 AND 04, DUPONT AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2010 -01, 02, 03 and 04, bids were received, opened, and tabulated by the City Clerk and Engineer on the 29 day of April, 2010. Said bids were as follows: BIDDER TOTAL Nodland Construction Co., Inc. $2,489,652.24 ASTECH Corporation $2,610,389.98 Northdale Construction Company $2,784,076.89 ** Valley Paving, Inc. $2,886,091.25 S.R. Weidema, Inc. $2,889,518.10 ** Minger Construction, Inc. $2,944,459.26 ** LaTour Construction, Inc. $2,949,046.56 Forest Lake Contracting, Inc. $3,005,463.16 • Geislinger& Sons, Inc. $3,096,712.96 ** Palda and Sons, Inc. $3,164;583.57 * *Results shown above for Northdale Construction Company, S.R.Weidema, Minger Construction, Inc., and Geislinger & Sons include minor corrections in total bid amount due to mathematical errors on their bid forms. Corrections do not change the order of the bids. WHEREAS, it appears that Nodland Construction Co., Inc., of Alexandria, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Nodland Construction Co. Inc., of Alexandria, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2010- 01, 02, 03 and 04, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. • RESOLUTION NO. • 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $2,737,000.00 $ 2,489,652.24 Lighting (Xcel) $ 30,000.00 $ 29,118.00 Reforestation $ 20,000.00 $ 20,000.00 Contingency $ 277,000.00 $ 277,000.00 Subtotal Construction Cost $3,064,000.00 $ 2,815,770.24 Admin/Legal/Engr. $ 395,000.00 $ 395,000.00 Total Estimated Project Cost $3,459,000.00 $ 3,210,770.24 Amended REVENUES Estimated per Low Bid Street Assessment $ 555,582.00 $ 558,158.00 Storm Drainage Assessment $ 76,294.00 $ 76,294.00 Sanitary Sewer Utility $ 462,000.00 $ 244,096.26 Water Utility Fund $ 346,000.00 $ 343,740.60 • Storm Drainage Utility Fund $ 751,706.00 $ 699,462.00 Street Light Utility $ 37,000.00 $ 36,118.00 MSA Fund $1,230,418.00 $1,252,901.38 Total Estimated Revenue $3,459,000.00 $3,210,770.24 May 10, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6e • • DATE: May 4, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Establishing Fees For Community Garden Plots in the City of Brooklyn Center Recommendation: It is recommended that the City Council consider the adoption of the Resolution Establishing Fees For Community Garden Plots in the City of Brooklyn Center. Background: The August 24, 2009 City Council Work Session included a presentation on the Community Garden Programs within the Cities of Hopkins and Brooklyn Park and a general overview of information obtained from the American Community Garden Association on starting a community garden within the City. The majority consensus of the City Council was to direct staff to conduct further exploration, refine the possibilities, and define the structure of a community garden program. The January 25, 2010, the City Council Work Session included a report on establishing a Community Gardening within the Xcel Energy Transmission Corridor and on a vacant EDA owned lot. The majority consensus of the City Council was to direct staff to proceed with a community garden program within the Xcel Energy Transmission Corridor at Colfax Avenue and with establishment of neighborhood garden plots at 5301 James Avenue in accordance with the January 20, 2010, staff report, and to report back to Council with further information. On April 26, 2010, the City Council Work Session included a report which identified financial issues relative to providing an irrigation system/source of water, the conceptual layout for a 39 plot garden layout within the Xcel Energy Corridor, draft guidelines and application. The consensus of the Council was to proceed with a 2010 pilot garden program with the use of temporary water storage tank and a $25 rental fee to cover out of pocket costs by the City. Council Goals: Strategic: 4. We will positively address the community demographic makeup and increasing cultural diversity 6. We will respond to increased public awareness and interest in environmental . sustainability and green community issues Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ESTABLISHING FEES FOR COMMUNITY GARDEN PLOTS IN THE CITY OF BROOKLYN CENTER WHEREAS, the City Council of the City of Brooklyn Center has discussed the creation of a community gardening program at the following work sessions: August 24, 2009, January 25, 2010 and April 26, 2010; and II I WHEREAS, the City established that there would be a cost associated with establishing garden plots, allowing access to water and coordinating the Community Garden Program; and WHEREAS, the City established that there would be costs associated with a program providing rental garden plots, including a water storage tank in lieu of an irrigation system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that a fee be adopted for rental of a Community Garden Plot as follows: Community Garden Plot Rental Fee $25.00 • BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective Date Tim Willson, Mayor ATTEST: 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. P YP P • 'I. < a I t W e Uj - s E f m i h Z Z s 0 W z i d I Q � �•' 3 f 0 1 i F turn M S k 3 I j 57TH AVE N 1 t Business and Development Community Garden Map March 4,2010 ,�Fa 20'x 20' Gardens with 5 V1 � /ays 01 n (t ': City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM . DATE: 4 May 2010 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Bond Rating Upgrade Recommendation: It is recommended that the City Council accept a plaque to be presented to the City by a representative of Springsted, Inc. commemorating the upgrade of the City's bond rating from A+ to AA on the Standard and Poors rating scale. Background: One of the steps in selling bonds is having them rated by a professional rating agency. The rating assigned takes many factors into consideration. Budget development and performance, cash balances, appropriate policy development, financial reporting, and capital planning are a few of the factors considered. For municipalities, this is most often performed by Moody's or Standard and Poors. For a number of prior sales, the City of Brooklyn Center had used Moody's for its bond ratings. However, with the advent of a concept called the global scale giving a more favorable view to municipal debt and with Standard and Poors being the earliest adopter of this • scale, the City obtained its most recent rating from Standard and Poors. As a result of the switch and of the factors considered by Standard and Poors in the operation, performance and outlook of the City's finances the City's rating was upgraded by two steps from A+ to AA on the Standard and Poors scale. In recognition of this occasion, Springsted, Inc. will be present at the 10 May 2010 meeting to present the City with a plaque commemorating its rise in bond rating. Council Goals: Ongoing: 2. We will ensure the financial stability of the City 5. We will improve the image of the City with citizens and others .Mission: Ensuring an attractive, clean, safe conuninity thtit enhances the quality of life rind preserves the public trust • I City Council Agenda Item No. 7b J COUNCIL ITEM MEMORANDUM • DATE: 4 May 2010 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: CAFR Certificate of Achievement Recommendation: It is recommended that the City Council accept a plaque to be presented to the City recognizing the City's 2008 Comprehensive Annual Financial Report as exemplary. Background: The Government Finance Officers Association of the United States and Canada (GFOA) sponsors a program aimed at achieving excellence and consistency in financial reporting. The award was received by the City of Brooklyn Center for its Comprehensive Annual Financial Report for the year ended 31 December 2008. In part, the citation reads that the award is presented to "government units ... whose comprehensive annual financial reports... achieve the highest standards in governmental accounting and financial reporting." • While all members of the Finance Department contributed to the achievement of this distinction, special recognition should be given to Assistant Finance Director Clara Hilger for her diligent efforts and her expertise in preparation of the report and achievement of this award. Council Goals: Ongoing: 2. We will ensure the financial stability of the City 5. We will improve the image of the City with citizens and others • Hission: Ensuring an attractive, clean, safe cownunify that enhances the quati4v of life and preserves the public trust City Council Agenda Item Na 8a COUNCIL ITEM MEMORANDUM • DATE: May 3, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71 st Avenue) Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71 st Avenue). Background: At its April 12, 2010, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71st Avenue). This relates to Planning Commission Application No. 2010 -005 submitted by Welsh • Construction, LLC requesting Planned Unit Development approval to allow construction of a 63,362 sq. ft. addition to the adult education building, a three -story parking structure, a redesign of access and internal movement within the parking lot of the Early Childhood Learning Center and access improvements from 71st Avenue North. Attached is the ordinance amendment as it was approved at first reading. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on April 22, 2010. If adopted, effective date will be June 19, 2010. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10"' day of May, 2010, 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 the Zoning Classification of Certain land (Southwest Quadrant of Brooklyn Boulevard and 71 st 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 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST QUADRANT OF BROOKLYN BOULEVARD AND 71 AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 1. The following properties are designated as PUD/R -1 (Planned Unit Development/One Family Residential): • Lot 1 Block 1 Center Brook Addition; Lot 4 Block 1 Replat of Block 2 Land Addition and Lot 2 Block 1, Osseo Willow Lane Addition. 7. The following properties are designated as PUD/Cl (Planned Unit Development/Service /Office): Lot 3 Block 1 Osseo Schools Willow Lane Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2010. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • µ _ • � `•t! J ? i ,) a May 6, 2010 E l l l � �a To: Brooklyn Center City Council All other involved parties My name is Heather DeFrance. I reside at 7049 Perry Avenue North with my husband and 3 children. We and a majority of the neighbors surrounding us have been discussing our concerns over the Northwest Family Services project to be built on the corner of Brooklyn Blvd and 71 When we attended a recent Council meeting it was quite clear that this project will be approved and that all council members are very positive about it. We on Perry Avenue North and the remainder of houses on 71" however are not. Our biggest concern is traffic. The representative for this project stated that the tests that they had run, shows little to no increase in traffic. We do not agree. Traffic moving east on 69 will inevitably take our street to cut over. We realize that this project will more than likely be moving forward regardless of our complaints. However, we would like to discuss our solutions for re- routing traffic. • 1. Our first option involves closing off what is left of 71 after the chosen homes have been taken out and make a cul -de -sac. I mention this one first because it would change our lives dramatically by quieting our street through the decrease in traffic. Consider the fact that there is a combined total of approximately 25 -30 children living on the rest of 71 and on Perry Avenue North from 69' to 71 St. 2. Consider re- routing traffic so that either the entrance or exit is one way or that the entrance on 71 st only let's you turn right out of the parking lot on to Brooklyn Blvd. to exit the area. These were just a few ideas. We plan to attend the public hearing which I think is scheduled for May 10. Thank you for your time and consideration. Sincerely, Heather DeFrance'` • Matermials that were submitted with April 12, 2010, City Council • agenda packet • COUNCIL ITEM MEMORANDUM DATE: April 7, 2010 • • TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development�'� SUBJECT: Planning Commission Application No. 2010 -005 (Northwest Family Service Center — CEAP & ISD #279) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2010 -005 Submitted by Welsh Construction (Northwest Family Services Center — CEAP & ISD 279). It is further recommended that the City Council approve the I' reading of the attached ordinance amendment and schedule the 2" reading and public hearing for May 10, 2010. Background: On the April 12, 2010 City Council Agenda is Planning Commission Application No. 2010 -005 submitted by Welsh Construction, LLC requesting Planned Unit Development approval to allow construction of a 63,362 sq. ft. addition to the Adult Education Building, a three story parking • structure, redesign of access and internal movement within the parking lot of the Early • Childhood Learning Center, and access improvements from 71" Avenue North. This matter was considered by the Planning Commission at their March 25, 2010 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010 -005 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. Will aggressively proceed with implementation of the City's Redevelopment Plans 5. Will improve the image of the City with Citizens and those outside of the City's border. • • b fission :. Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust 1112111 is o 20�0 71 �. We r i� I U i 'f r I • adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -005 SUBMITTED BY WELSH CONSTRUCTION (NORTHWEST FAMILY SERVICES CENTER — CEAP & ISD 279) WHEREAS, Planning Commission Application No. 2010 -005 submitted by Welsh Construction LLC, on behalf of CEAP, Inc. and Independent School District 279, proposes rezoning from C -1 (Service/Office) and R -1 (One Family Residence) to PUD /C -1 and PUD/R1 (Planned Unit Development/Commerce) of four contiguous lots located in the Southwest quadrant of the intersection of Brooklyn Boulevard and 71 s Avenue North and addressed as 7051 Brooklyn Boulevard, 4813 71 Avenue North, 4819 71 Avenue North and 7020 Perry Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned Property and development plan approval for the second phase expansion of the Adult Education Building, including the construction of a 63,362 sq.ft. addition, a three story parking structure, redesign of access and internal movement within the parking lot of the Early Childhood Learning Center, and access improvements from 71 Avenue North; and ion held a duly called public hearing on March WHEREAS, the Planning Co Y P g • 25, 2010 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, on March 25, 2010, the Planning Commission moved to reco mmend approval of Application No. 2010 -005 with the following conditions: 1. Execution of a PUD development agreement as prepared by the City Attorney. 2. Completion of the Replatting of the Northwest Family Services Center Addition. 3. Approval of a final site plan by the Planning Commission and City Council. 4. Hennepin County approval of the improvements to the 71' Avenue/Brooklyn Boulevard signalized intersection. 5. City approval of a street improvement project to 71' Avenue. .NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2010 -005 submitted by Welsh Construction, LLC be approved based upon of the following considerations: 1. The Planned Unit Development proposal is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. i � RESOLUTION NO. • • 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing interior structure and parking setbacks and location of standard drainage and utility easements along interior side lot lines. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning • • Ordinance are met and the proposal is, therefore, in the best interest of the community. April 12, 2010 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 Notice is hereby given that a public bearing will be held on the 10'`' day of May, 2010, 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 the Zoning Classification of Certain land (Southwest Quadrant of Brooklyn Boulevard and 71 st 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 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST QUADRANT OF BROOKLYN BOULEVARD AND 7Is' AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner. Section 35 -1240- PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: • 1. The following properties are designated as PUD/R -1 (Planned Unit • Development/One Family Residential): Lot 1 Block 1 Center Brook Addition Lot 4 Block 1 Reulat of Block 2 Land Addition, Lot 2 Block 1, Osseo Willow Lane Addition. 7. The following properties are designated as PUD /Cl (Planned Unit Development/Service /Office): Lot 3 Block 1 Osseo Schools Willow Lane Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2010. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) Application Filed on 2 -18 -10 • City Council Action Should Be Taken By 4 -19 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -005 Applicant: Welsh Construction. LLC Location: Southwest Quadrant of Brooklyn Boulevard and 71st Avenue North (7051 Brooklyn Boulevard) Request: Rezoning/Development Plan Approval - PUD/Mixed (R -1 and C -1) The lican Welsh Construction LLC on behalf of CEAP, Inc. and Independent School app t, Pe nd with an expanded 2 phase of the District 279 are seeking he neces a pprovals to proceed F P g azY PP P District's Adult Education Building located at 7051 Brooklyn Boulevard. The application consists of a PUD/Rezoning (Planned Unit Development) of the following properties: Lot 1, Block 1, Center Brookdale Addition (R -1 residence/vacant lot) Lot 4, Block 1, Replat of Block 2 Lang Addition (R -1 residence/vacant lot) Lot 2, Block 1, Osseo Willow Lane Addition (R -1 former elementary school) Lot 3, Block 1, Osseo Willow Lane Addition (C -1 Adult Ed Building) • The accompanying development plan illustrates the future construction of a 63,362 sq. ft. addition to the Adult Education Building, a three story parking structure, redesign of access and Childhood Learning Center, and access internal movement within the parking lot of the Earl C g P g Y improvements from 71" Avenue North. BACKGROUND INFORMATION On November 8, 2004, the City Council accepted the Planning Commission's recommendation and granted the following approvals to facilitate the phased development of a three story, 48,600 sq. ft. officelservice building on a 3.63 acre site: _ • Planning Commission Application No. 2004 -010, the platting of Osseo Schools Willow Lane Addition created a 3.63 acre developable lot and reconfigured the Willow Lane Elementary School lot and the Willow Lane Park to facilitate the development of a stormwater management pond associated with the planned development by the School District and CEAP. • Planning Commission Application No. 2004 -011, the rezoning of this 3.63 acre site from R -1, R -2, and R-4 to C -1 (Service/Office District). • Planning Commission Application No. 2004 -012, site and building plans for the • 3 -25 -10 - Page 1 • • construction of a three story, 48,600 sq. ft. office/service building with 226 surface parking stalls. The first phase provided for the construction of 25,000 sq. ft for the • School District's Adult Education Program and core. facilities that would facilitate the future construction of the second phase. This phase completed the site improvements within the southern 2/3 of the overall site. The second phase of the development was planned as a shared use with a non -profit user, such as CEAP (Community Emergency Assistance Program), which would complement the services of the District's Adult Education Program (to assist under educated, disadvantaged and new immigrant population) and included a building expansion of 23,600 sq. ft., an additional 37 parking stalls, lighting for the northern 1/3 of the site, and landscaping along Brooklyn Boulevard and 71 Avenue North. Phase I improvements were completed in 2007 and a Certificate of Occupancy was issued on June 8, 2006. ZONING The School District's and CEAP's properties consist of 11.98 acres with the following current zoning classifications and proposed land uses: • The Early Family Education Building (former Willow Lane Elementary School) is zoned R -1 and is allowed as a special use in this district. • The Adult Education Building and the buildin • g building pad for Phase H expansion is zoned C -1 (Service/Office District) is a permitted office use. Attached is a copy of the Planning Commission Information Sheet for Application No. 2004 -011 which included the responses to the guidelines for evaluating rezoning and recommendations to proceed with the rezoning of this lot to C-1. • The two residential- lots4mzoned R -1 and will be used for the access improvements, buffer area and open space/front yard building setback. ` sbn - .- 35 -355 of the Zoning Ordinance provides for Planned Unit Develop;uelits (PUD) to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserves energy and ensures a high quality of design. The proposed use of a PUD allows the use of perimeter setback standards to provide green and open space from the existing neighborhood, flexibility in the location of interior lot lines, parking and structured parking setbacks, and the ability to deviate from the dedication of the standard side yard drainage and utility easements. 3- 25 -10- • • Page 2 PLANNED UNIT DEVELOPMENT STANDARDS • i The following minimum C -1 development standards for perimeter setbacks have been used in preparing this PUD development plan: • Building setback from Brooklyn Boulevard — 35 ft. • Parking setback from Brooklyn Boulevard — 35 ft. • Building setback from 71' Avenue North — 25 ft. • Parking setback from 71" Avenue North —15 ft. The parking ratio used is for office buildings of this size is one space per 235 sq. ft. PUD APPLICATION AND REVIEW PROCESS The PUD provisions require that a development include sufficient information and details which allows the evaluation of the plans to address the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of the PUD ordinances. 2. Consistency of the Plan with the goals and policies of the Comprehensive Plan. 3. The impact of the Plan on the neighborhood in which it is to be located. 4. The adequacy of internal site organization, uses, densities, circulation, parking • facilities, public facilities, recreational areas, open spaces, buffering, and landscaping. • Attached for you review is a copy of development plan and components of the future building plans which address the information required under Section 35 -355, Planned Unit Development,. Subdivision 5, Application and Review. 1. Street and utility locations and sizes. w The preliminary plat identifies the street and utilities. The site plan identifies the of the Brooklyn bound egress es recommended changes n Boulevard entrance to restrict north movement and full access to the both sites from the signalized intersection of 71"' Avenue and Brooklyn Boulevard The overall development plan also illustrates the closure of the school's parking lot unto Perry Avenue North. 2. A drainage plan including location and size of pines and water storage areas_ The plan illustrates the location of the existing storm sewer which services the property, the existing stormwater management pond, additional stormsewer for the access drive and Phase II addition, and changes to the outlet storm sewer to the Brooklyn Boulevard trunk line. . 3 -25 -10 • Pagel 3. A gdin including tem and rmanent erosion control provisio ra g�plan, mil g porary pe p • The grading plan provides construction notes for erosion control during construction. 4. A landscape plan. A site demolition plan indicates which trees from the first phase development will be removed as a result of building the parking structure. The landscape plan illustrates the replacement of these trees and additional landscaping and buffering associated with Phase II. 5. A lighting Rlan. A photometric plan has been provided 6. A plan for timing and phasing of the development. The schedule for this project is a 2010 construction. 7. Covenants or other restrictions proposed for the regulation of the development. The development plan includes common access easements and use agreements for the improved access from 71' Avenue traffic improvements. The development will also be proceeding with the future division of the building into a condominium with the necessary documents for maintenance and replacement. 8. A site plan showing the location of all structures and parking areas. • The development plan illustrates the Phase II addition, the replacement of the surface • parking with a parking structure, the redesign of the school's parking lot to accommodate internal bus movement with a closure of Perry Avenue access points. 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development. The Phase II building improvements are consistent with the existing Adult Education Building. 10. Proposed underlying zoning classification or classifications. The planned improvements are consistent with the underlying zoning classifications. The PUD provisions do require a site plan approval pursuant to Section 35 -230 Plan Approval of the zoning ordinance to ensure that the future developments ' are consistent with the approved development plan. A final site plan review and preliminary plat are scheduled for the April 15, 2010 Planning Commission meeting to facilitate the potential of commencing construction this Spring. 3 -25 -10 S • Page 4 RECOMMENDATION • Motion to recommend approval of Planning Commission Application No. 2010 -005, Rezoning/Development Plan A rov — PUD8&xed -1 and C -1 subject to the following Approval � ) J • conditions: 1. Execution of a PUD development agreement as prepared by the City Attorney. 2. Compl6tion of the Replatting of the Northwest Family Services Center Addition. Commission and City Council. 3. Approval of a final site plan b the Planning Co ty PP P Y g 4. Hennepin County approval of the improvements to the 71' Avenue/Brooklyn Boulevard signalized intersection. 5. City approval of a street improvement project to 70 Avenue. • 3 -25 -10 Page 5 • • Northwest orthw st Family Service Center Addition . 7051 Brooklyn Blvd. Brooklyn Center, MN 55429 Proiect Description History In 2005, Independent School District #279, (Osseo Schools), constructed the Adult Education Center at the above address to be home to the Adult Basic Education Program. The location was selected because of its central location, access to public transportation and the fact that the property was owned by the School District. At that time an addition was planned for a three story addition to accommodate Community Emergency Assistance Program, Inc., (CEAP) and have space available for partner service organizations. The planned addition would have doubled the size of the original building. The full project (original building plus addition) was submitted and approved by the. City of Brooklyn Center Planning. Commission and City Council. . In the intervening time that the Adult Basic Education Program has -been • functioning it has become dear that the.loc'9'd6ri"and facility are both very successful. The Osseo Schools has since moved its Enrollment Center into the facility to help facilitate efficient processing of new students and infra- district transfers. The Proposed Northwest Family Service Center concept was developed in a collaborative effort of Osseo Schools, CEAP, and Hennepin County Human Services and Public Health Department, (HCHS). HCHS joined the partnership recognizing that the facility and location can provide a home for a new service model which centralizes services and creates a user friendly environment. All of the partners visualize improved service to clients that are common to each. Planned Unit Development The project is being proposed as a Planned Unit Development to address the unique demands of the facility on the area. Parcels included in the PUD include. Willow Cane site, Adult Education Center site and the two house lots purchased by CEAP. The Northwest Family under a condominium • • amity Service Center will operate and agreement which will provide the ownership and operational guide for the Northwest Family Service Center, parking structure and grounds. Proposed Addition The proposed addition is a three story facility constructed to compliment the existing facility by utilizing the same materials and details used in the original construction. Exterior materials will include: face brick (colors and shapes to match existing), aluminum windows and doors, tinted glass (vision and spandrel), and exterior insulation finishing system (upper portions of building). Due to the need for additional space needed to house HCHS the size of the addition has increased from what was proposed originally (23,700 SF) to what is needed for the programs now (64,000 SF A three level parking structure is proposed which will provide entry points to the building on both the second and third floors. The parking structure is proposed as a precast structure finished in materials and colors to compliment the building The number of parking spaces required by City ordinances, based on the building occupancies is 379 spaces. The actual number of spaces proposed (400 • has been based on the anticipated building usage. • Site Development The site design has been developed to minimize the impact of vehicle traffic onto Brooklyn Blvd. CEAP has purchased two houses immediately west of the site along 71s Ave. N. which will provide the space needed for a'driveway connecting the new parking lot, and the Willow Lane ECFE parking lot to the controlled intersection at Brooklyn blvd. and 71 Ave. N. ISD #279 has agreed to dose the two curb cuts onto Perry Ave. N. and route all traffic to and from the willow lane facility via the new roadway. Landscaping will utilize similar species and sizes of vegetation used in the original design. r rww / 1111Mr11.n ti r I rl it wR lMlw" . Iw. 11�� w1Yw1q��/1w��gw_ tl' 1• � �`. w'rwtl waw wlww ^iL�' 4 -_•. R `` IV ,`, � �NI.�w.Il 1PO �I-f � �p�� IVLY tltlr•tlM .Y r r i �--•; " ^ ,, , I YM SIR iwl�tl � � M.�tl Vr 1 � .... -. I,.. -.- �.. 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I Mad IQ wMIAMWot in It �� kx• ,,...: , aslL - -- 'I� "iii• ",. - �— 'IJ 'aid ` _ ......, _ , � �+!`'r" /• ���r .� " ! 1 ! It I i 1 7�1 r • • 1 600 1 A ago , I I I I I I I " 1 9 1 1 p , ■ !x ----- - - - - -- -------- ----------- ------------------- r 44. 4 .. . - - � ' ( -.i.._ . ... �... _' J - -- .���''ia_ ski -.� - �`�'_� ___ �-- - _ ." f ttl ITIT 4 A, 4 � it i S S ''A�I r � � Dv Northwest Family Services Center Phan 0 Fadky It I i I 111 7051 Woowyn Sk"L f Bm*lyn Cmw, MN 55429 • • LJ A pill gills HIM �I Nil l l: 11� r $ +" = ■ CEAP BROOKLYN CENTER MN (pV L SE rwaa6cw 1fyF 11 rva 0 � rr� rrr .der u.• a�scr.. I� rwwry �� f - ■acv • t • t Application Filed on 9 -30-04 • City Council Action Should Be Taken By 11 -29 -04 (60 Days) Planning Commission Information Sheet Application No. 2004 -011 Applicant: ATS & R, Inc. (On Behalf of Osseo Area Schools) Location: Southwest Quadrant of Brooklyn Boulevard and 71st Avenue North Request: Rezoning The applicant ATS & R, Inc. on behalf of Osseo Area Schools (ISD 279) is requesting rezoning from R-1 (One Family Residence), R-2 (Two Family Residence) and R-4 (Multiple Family - Residence) to C-1 (Service/Office) of a proposed 3.63 acre site located at the southwest quadrant of Brooklyn Boulevard and 71" Avenue North. The parcel will be created through a replatting of this area (See Planning Commission No. 2004 -010) by combining the northeast portion of the Willow Lane School site along with two vacant multiple residential parcels (R-2 and R-4) immediately to the north. The proposed new lot would abut Brooklyn Boulevard and 71 Avenue North. The property in question is bounded on the north by 71 st Avenue; on the east by Brooklyn Boulevard and the Willow Lane Apartments (zoned R-5); on the south by R 1 zoned lane that is Willow Lane Park, and on the west by R -1 zoned property for the Willow Lane School and single . . family homes facing 71" Avenue North. AArKGRO ND The Osseo School District has for some time been searching for a new location for their adult education program that is being displaced by a redevelopment project in Brooklyn Park. The School District has recently acquired two abutting vacant parcels of land (Lots 2 and 3, Block 1, Center Brook Addition) located adjacent to and northerly of their Willow Lane Early Childhood Center (formerly Wi Family Lane Elementary School). Lot 2 is currently zoned R -2 (Two y Residence), is .34 acres and is a comer lot abutting 71 a Avenue North and Brooklyn Boulevard. Lot 3 is currently zoned R-4 (Multiple Family Residence), is .64 acres, and is an interior lot fronting on Brooklyn Boulevard between Lot 2 and the School District site. Their plan is to divide off a portion of the Willow Lane property and combine it with the two newly acquired lots to create a 3.63 acre parcel of land to house their adult education facility. The School District has also been discussing a joint use of a proposed building on the site with an area non -profit service group (CEAP), which might include some day care facilities as well as other services. The newly created lot would be created through a replat (Application No. 2004 -010) and would include Lots 2 and 3, the Willow Lane Earle Childhood Center property and all of the Willow Lane Park property owned by the City. They also are seeking site and building plan approval and a special use permit (Planning Commission Application No. 2004 -012) for a 48,600 sq. & three story serviceloffice building to be constructed in two phases to house their adult education facility and the service/office occupancy for CEAP. • Page 1 10 -18 -04 • Educational uses including post secondary schools, business schools, trade schools and the like, • but excluding public and private elementary and secondary schools (K-12) are allowed special uses in the C -1 zoning district. Service office uses are permitted uses in the C-1 zone as well (see Section 35 -320, Subdivisions 1 -3, attached). This is why the applicant is seeking the rezoning of the proposed new parcel to C -1. A C -1 parcel of land supporting an allowable serviceloffice use is required to have a minimum of 150 8. of frontage and, if located abutting a major thoroughfare such as Brooklyn Boulevard, have a minimum lot area of one acre. The proposed new lot will have approximately 510 8. of frontage on Brooklyn Boulevard and will be 3.63 acres in area. C'TTTMF.T TNF4 FOR FVAT I IATTN , RF7QNMQS All rezoning applications are reviewed in light of the Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 of the city's zoning ordinance (attached). The Planning Commission must review the proposal in light of the Policy and Review Guidelines. The poli cy states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for • rezoning review. The applicant has submitted a letter (attached) in which they comment specifically on each of the guidelines contained in Section 35 -208. The following is a listing of the guideline, the applicant's comments and staff response to each of the guidelines: a. Is there a clear public need or benefit? The applicant indicates that their proposed new facility on the proposed rezoned land has programs that are directed towards residents that need assistance with language skills, completing a high school education, and developing work skills. They note that approximately 20 percent of the customers using these services live within walling distance of the proposed site. Approximately 15 percent of the -Willow Lane Early Childhood Center customers are also customers of services proposed for the facility. The staff would note that the proposed rezoning is necessary to accommodate the facility proposed by the School District. Adult education uses are allowed generally within the commercial zones (C -1 and C -2). A distinction is made in the zoning ordinance between elementary and secondary educational uses and other educational uses. Elementary and secondary educational uses are not allowed in commercial zoning districts generally because of the need for open space such as playground and recreational facilities. In order for the School District to provide adult education and similar facilities, they need to find commercially zoned land. The acquired two parcels combined with the excess • . Page 2 10 -18 -04 land from the old Willow Lane School site accommodate this need. It can, • therefore, be argued that by providing the necessary zoning to accommodate the school's need for an adult education facility is meeting a public need and providing a public benefit. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant indicates that the proposed C -1 district would be compatible with other. servicetoffice properties located along Brooklyn Boulevard. We would generally concur with the applicant's comments about the compatibility with surrounding land uses. The Willow Lane Early Childhood Center and Willow Lane Park are located on R -1 'zoned property and are allowable institutional and recreational uses in this zoning district. The Willow Lane Apartments, which is zoned R-5, will abut the new proposed rezoned land. Single family residential homes would be located to the west of the facility. On the opposite side of Brooklyn Boulevard are commercial service/office uses and an off site parking lot for a church. The plan presented later by the applicant will show that they can meet the requirements of the C -1 zone. Of even more significance is the compatibility of the proposed C -1 zoning designation with the City's Comprehensive Plan The Comprehensive Plan with respect to • . redevelopment along Brooklyn Boulevard recommends eliminating inappropriate single family uses along Brooklyn Boulevard and replacing them with either commercial and serviceloffice uses on sites that are large enough to provide adequate circulation and good site design or high and medium density residential uses. The two vacant multi residentially zoned parcels and the excess school district property, although not containing single family residential uses, can be considered infill redevelopment of the nature suggested for commercial redevelopment along Brooklyn Boulevard. The two multi residential sites, one being R -2 and the other being R-4 would, for all practical purposes, need to be combined into a single multi residential lot for some kind of development. This -would mean rezoning one to R-2 or the other to R-4 to accommodate a unified multi residential development. The site would be approximately once acre in area and could accommodate at the maximum a multi residential development of approximately 12 units. This is not a highly desirable type of redevelopment for this area. A service/office commercial redevelopment would seem to be more appropriate and coupled with excess school district property makes an appropriate serviceloffice site. The Comprehensive Plan further sites this area as a possible mid - density residential development if incorporated into a larger redevelopment area. The Brooklyn Boulevard Amenities Study of 1994 cited two possible development concepts for this area, one of which indicated the two parcels in question for a commercial servicetoffice use. It is, therefore, believed that the proposal for a C -1 rezoning of this area is consistent with an compatible with not • Page 3 . 10 -18 -04 • only surrounding land uses but the City's Comprehensive Plan as well. Y g t}' P C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant notes that the anticipated uses are allowed or permitted in the C -1 district and they also note the possibility of a non -profit childcare facility being a part of the project at a later date. We would note that all of the uses comprehended in the C -1 zoning district can be contemplated for development on this site and be compatible with surrounding land use classifications. The more specific proposal presented by the School District can also be accommodated within the proposed zoning change. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The applicants note that along Brooklyn Boulevard there have been a number of office, service and retail developments. They note that there has been an effort to move single family and small multi family residential properties away from Brooklyn Boulevard and that their proposal is consistent with that goal. We would concur with the comments and ain note the Comprehensive Plan � mP general guideline for eliminating single family residential uses along Brooklyn Boulevard and to infill with service/office commercial particularly and some mid and high density residential uses in appropriate locations. There have been some rezoning applications, particularly with respect to Planned Unit Developments at the northeast corner of Brooklyn Boulevard and 69 Avenue and the Brookdale Mitsubishi redevelopment site along Brooklyn Boulevard to the north. These have accommodated commercial developments and expansion of commercial uses in the area as part of redevelopment projects. It is anticipated that in the future -more rezoning proposals particularly along Brooklyn Boulevard will come forward. As long as these proposal's prove consistent with the City's Comprehensive Plan, it is believed that the City should accommodate the proposed classification changes. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? The applicants indicate that this is not a City initiated rezoning proposal. We would comment that although it is not a City initiated rezoning proposal but rather a School District initiated proposal that a broad public purpose may be Page 4 • 10 -18 -04 • considered evident in the rezoning request in that it will accommodate a needed expansion of School District services. L Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Again, the applicant responds with a yes to this question. We would comment that the proposed School District facility will have to conform to all applicable zoning requirements of the proposed C -1 zoning district. It appears, as will be shown later with the development plans, that this guideline can be met as well. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicant notes that sites on Brooklyn Boulevard are not suitable for residential development. They also point out that the intended density for the existing multi family residential zoning would require multiple access points to Brooklyn Boulevard. They point out as well that locating single family residential units along Brooklyn Boulevard is not desirable and this location is a good g • g ro • location for their proposed use. We would note that the two lots recently acquired by the School District that are zoned multi residential (R-2 and R-4) can be considered generally unsuited for multi residential development purposes. To be developed separately, one as a two family dwelling and the other as an approximate 8 unit story and a half apartment do not seem feasible. Even if developed, separate accesses to the sites would be needed to accommodate the uses. This is not a desirable proposition for the County in terms of access to Brooklyn Boulevard. The combination of the site and, as will be shown later with the development proposal, a shared access with -the Willow Lane Apartments to the south means one access point will service this area This is more desirable from the County's perspective for access points on Brooklyn Boulevard. Multiple family residential development is not the most desirable redevelopment possibilities from the City's perspective. A service/office use seems much more appropriate. The size, configuration, location and access arrangement proposed with this combination and rezoning of the site seems to be the best possible configuration for the redevelopment of the vacant property- h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed • zoning district, or; 3. The best interest of the community? Page 5 • 10-18 -04 The applicant notes that the rezoning of these lots to C -1 is consistent with the • Comprehensive Plan and other properties along Brooklyn Boulevard. They further note that the location of the project works well for them and the visibility on Brooklyn Boulevard is a positive as well as proximity to bus routes. We would concur with the applicant's comments and note that the proposed rezoning appears to be in the best interests of the community. The proposed rezoning is consistent with the City's Comprehensive Plan, which calls for serviceloffce commercial infill or mid- density or high - density residential infill along Brooklyn Boulevard. With respect to the lack of developable land in the proposed zoning district, there is little developable land in the city other than such vacant parcels as those in question. Multi family residential uses are considered. to be plentiful within the city and the City's practice has not been to rezone property for that particular use. The City has encouraged C -1 or service/office developments along Brooklyn Boulevard for many years and this proposed zoning would be consistent with this philosophy. The proposed zoning would allow for the rational use of the land in question and does appear to be in the best interest of the community. L Does the proposal demonstrate merit beyond the interests of an owner or • owners of an individual parcel? • The applicant notes that the service provided by this project to the community should have a positive effect on the quality of life. We would comment that we believe this proposal does demonstrate merit beyond just the interests of an individual' owner by providing public benefits with the expanded school district facility. In as much as the proposal furthers valid zoning objectives, it also demonstrates merit beyond just the interests of the School District. The Rezoning Evaluation Policy and Review Guidelines also note that the City policy is that zoning classifications must be consistent with the Comprehensive Plan and rezoning proposals must not constitute "spot zoning" defined as a zoning decision that discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. We find no significant conflicts with this policy as noted above in our review of the guidelines for rezonings. This proposal is, we believe, consistent with the Comprehensive Plan and is also consistent with good planning principles with the proposed use being consistent and compatible with existing surrounding land uses. We find no conflict with the proposal in this regard. PR OC-T-nT JR R Page 6 • • g 10 -18 -04 as been the City's ractice with respect to zonin • It h b ty p esp g app lications for the Planning Commission to refer them to Neighborhood Advisory Groups for additional review and comment. Mandates in the State Statute require the City to complete reviews within 60 days and to give applicants an answer within that time frame. Because of the notice requirements for publication and publi am c notice, we require applications to be submitted four weeks prior to their review by the Planning Commission. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must be made by the -City Council no later than November 29, 2004. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission's pubic hearing is even held. This requirement makes it difficult for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission instituted a procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the Northwest Neighborhood Advisory Group members to the Planning Commission meeting and are encouraging their comments and participation. A staff report will be delivered to the Neighborhood Advisory Group members at the same time that it is delivered to the Planning Commission members. Hopefully, they will have an opportunity to review the matter and to make comments at Thursday evening's meeting. It should be noted that representatives of the Osseo School District have met with neighboring property owners with regard to their proposal to rezone and provide an adult education facility on the subject property A public hearing has been scheduled and notices have been sent to surrounding property owners and a notice of the Planning Commission's consideration of this request has also appeared in the • • Brooklyn Center Sun/Post. RF-r0MMFNMATT0W We believe this application is in order and would recommend approval of the rezoning acknowledging its consistency with the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. Attached for the Commission's review is a draft Planning Commission Resolution regarding the recommended disposition of Application No. 2004-011 submitted by ATS & R, Inc. on behalf of Osseo Area Schools. • Page 7 • 10 -18 -04 PC�p ad�b - 005 February 18, 2010 • Mr. Gary Eitel Director of Business and Development City of Brooklyn Center 6301 Shingle Creek parkway Brooklyn Center, MN 55430 Re: Northwest Family Services Center Addition, aka CEAP Dear Mr. Eitel, With regard to our re- Zoning application and in response to the requirements. outlined by the City we provide the following information. a. Is there a clear public need or benefit? Yes. In addition to the existing Adult Basic Education services provided by ISD #279, CEAP and Hennepin County Human Services and Public Health Department will occupy the majority of the building addition. CEAP is a community based, non -profit agency that partners with other resources to assist people in need by providing emergency support • and facilitating personal skill building and self sufficiency. Hennepin County Human Services provides a number of services oriented toward strengthening individuals, • families and communities by promoting self -reliance and a livable income, assuring that people's basic needs are met, and protecting children and vulnerable adults. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? Yes. The zoning is consistent with the existing property and other properties located along Brooklyn Boulevard. The proposed rezoning is directly related to making the existing site accessible via a route that is safer and more compatible with traffic patterns on Brooklyn Boulevard. c. Can all proposed uses in the proposed zoning district be contemplated for :developmentof the subject property? Yes. Tlie p -d uses are permitted and consistent with the current zoning designation. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? Yes. Brooklyn Boulevard has experienced a number of changes in terms of commercial development and an effort to move single family residences away from Brooklyn Boulevard. e. In the case of City initiated rezoning proposals, is there a broad public purpose • evident? • This is not a City initiated rezoning proposal. • f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Yes. All restriction will be met and/or satisfied. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The existing site with a single access point on Brooklyn Boulevard is unsuitable for further expansion or development (even as previously approved) due to the traffic constraints and safety concerns. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? We believe the rezoning is consistent with the intent of the current Comprehensive Plan, and the long term use of the existing site. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The entire community will benefit from having the services provided CEAP, LSD #279, and Hennepin County Human Services combined in one location. Sincerely, • i Mike Schraad Vice President Welsh Construction, I.LC I . MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 25, 2010 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:08 p.m. ROLL CALL Chair Sean Rahn, Commissioners JoAnn Campbell- Sudduth, Kara Kuykendall, Stan Leino, Carlos Morgan, and Michael Parks were present. Also present were Director of Business and Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES — MARCH 11, 2010 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve the minutes of the March 11, 2010 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION • Chair Rahn 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. APPLICATION NO. 2010-005 WELSH CONSTRUCTION, LLC Chair Rahn introduced Application No. 2010-005, a request for PUD/Rezoning and Site and Building plan approval to facilitate the Phase II construction of the Adult Education Building located at 7051 Brooklyn Boulevard and transportation improvements of 70 Avenue North. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3 -25 -10 for Application No. 2010 -005, attached.) He further explained that the accompanying development plan illustrates the future construction of a 63,362 sq. ft. addition to the Adult Education Building, a three story parking structure, redesign of access and internal movement within the parking lot of the Earl Childhood Learning Center, and access improvements from 71" Avenue North. Mr. Rich Kodchlein, T S & R Architects, displayed a visual demonstration of the proposed addition to the building. He explained that the materials used would match what is currently on the building. He added that the parking ramp would be three levels, with the first level on the ground and the plan includes a skyway from the parking ramp to the building. 3 -25 -10 Page 1 Commissioner Parks asked what the size of the building would be. Mr. Eitel responded that this • • proposed plan is a total of 83,000 sq. ft., which includes the parking ramp. The building addition will be a total of 63,000 sq. ft. PUBLIC HEARING — APPLICATION NO. 2010-005 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2010-005 at 7:30 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mike Schraad, representing Welsh Construction, 4350 Baker Road, Minnetonka, introduced himself to the Commission. Commissioner Parks asked Mr. Schraad about a drive lane giving access to the building. Mr. Schraad responded that there is approximately a 14 ft. clearance in the drive lane and they have been working with the Fire Department to assure there is proper access for emergency vehicles. Chair Rahn asked if the property has any security on site. Mr. Schraad responded that there is no security planned. Ms. Tent' McDevitt, 7007 Perry Avenue North, asked about the expected length of time for construction on the site. Mr. Schradd stated they expect construction to last ten months with an • anticipated start in the summer of 2010. k clarification on the site during Mr. Eitel asked for cl cation for parking g construction. Mr. Schraad P g responded that in cooperation with the school district, they have worked out a plan with the Brooklyn United Methodist Church along Noble and Brooklyn Boulevard, to allow parking of construction workers and they will keep traffic off the residential neighborhoods. Ms. Diane Sannes, 7006 Willow Lane, member of United Methodist Church, stated she is excited to have CEAP back in Brooklyn Center. She asked for clarification on the access on the south side. Mr. Eitel stated that the site plan addresses a safe access to the site utilizing the signalized intersection of 71' Avenue North and restricts northbound traffic movement from the current driveway. Ms. Sannes asked if there will be an extra lane added on Brooklyn Boulevard. Mr. Eitel responded that Hennepin County has jurisdiction over Brooklyn Boulevard and they are reviewing at and looking at possibilities of a right hand turn lane g g Po opening to this site. He also added that the improvements to the 71 Avenue intersection will include changes to the sidewalk to assure safe pedestrian movement, enhancements to the neighborhood entrance and enhancements to the Willow Lane Early Childhood and the proposed Northwest Family Services Center. Commissioner Leino arrived at 7:37 p.m. Mr. Schraad added clarification that there was a traffic study done that looked at traffic movements and they determined that there would be no significant impact on traffic along . Brooklyn Boulevard. That study is being reviewed by the City's Engineering Department. • 3 -25 -10 Page 2 Ms. McDevitt asked about the potential increase in the volume of use of the building due to an . increase in services available as far as the number of people at the site and the traffic impacts. Mr. Schraad responded that all the users of the site have done projections in terms of staff members, clients and customers and based on that projection at peak demand, it comes out about 360 people. Mr. Schraad added that the parking ramp holds 400 vehicles and the traffic study contemplated that number of users coming in and out of the site. Mr. Daniel Engstrom, Assistant County Administrator for Hennepin County Human Services and Public Health, stated that the County began looking at planning a regional h ub s ite in Hennepin County to improve services to their clients. He added that today most clients have to go downtown for services and they are planning to create six additional hub sites similar to the one proposed in Brooklyn Center. These hub sites would include all available services including social services, housing, children and family services as they move to an integrated approach. Commissioner Campbell- Sudduth asked Ms. McDevitt if she has noticed a change in traffic flow since the Adult Education building was constructed. Ms. McDevitt stated that she has not noticed a change but expects that with this addition, an increase in traffic will be noticeable. Commissioner Joann Campbell - Sudduth asked how late classes will conducted. Mr. Schraad responded that classes will end by 9:00 p.m. • Mr. Byron Lahner, Executive Director of CEAP in Brooklyn Park, stated that at their current location they have 45 parking spaces and schedule 33 families for food shelf visits on a daily basis. He added that they also serve meals on wheels, car loan programs and make food runs two to three times a day. They are not planning on adding additional staff or services in this building; however, have noticed a tremendous increase in a need for services and in 2009 they served 566 families. Commissioner Parks asked how moving into this building will change CEAP's operations. Mr. Lahner stated that they expect to be much more efficient in providing service to their clients. He added that this building is modeled by one in Anoka County that combines human services, work force and different social services — all of which are often accessed by the same people with similar needs. Mr. Dale Magnuson, 4830 71" Avenue North, asked about the access along 71" Avenue North and stated that he felt it was creating a lot of traffic cutting through the neighborhood. Mr. Eitel responded that there was more of a concern about traffic coming southbound off the interstate than off 69" unto Perry Avenue North. Mr. Magnuson replied that it is a concern for the neighborhood.. Mr. Eitel responded that the traffic studies did not show traffic shortcutting through the neighborhood off 69"' Avenue and felt that the approach proposed would keep the integrity of the neighborhood intact. • • 3 -25 -10 Page 3 3. Approval of a final site plan by the Planning Commission and City Council. 4. Hennepin County approval of the improvements to the 71 Avenue/Brooklyn Boulevard signalized intersection. 5. City approval of a street improvement project to 71' Avenue. Voting in favor. Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. The Council will consider the application at its April 12, 2010 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2010-004 WELSH CONSTRUCTION, LLC Chair Rahn introduced Application No. 2010 -004, a request from Welsh Construction, LLC, for Preliminary Plat approval to combine two residential lots with Lot 3, Block 1, Osseo Schools Willow Lane Addition and dedication of right of way for the realignmentlimprovements to 71" Avenue North to allow for a development under a Planned Unit Development (PUD). Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3 -25 -10 for Application No. 2010 -004, attached.) Mr. Eitel explained that the applicant is also seeking Rezoning and development plan approval though the PUD (Planned Unit Development) process under Planning Commission Application No. 2010 -005 to facilitate the Phase II construction of the Adult Education building located at 7051 Brooklyn Boulevard Mr. Eitel explained that changes to the Preliminary Plat have resulted in a delay in completing the City's and County's review of the proposed plat and staff recommends that the Planning Commission continue this public hearing until its April 15, 2010 meeting. PUBLIC HEARING — APPLICATION NO. 2010-004 There was a motion by Commissioner Parks, seconded by Commissioner Campbell- Sudduth, to open the public hearing on Application No. 2010 -004 at 8:25' p.m. The motion passed unanimously. Chair Rahn C called for comments from the P ublic. No persons from the public appeared before the Commission during the Public Hearing on Application NO. 2010-004. 3 -25 -10 Page 5 CONTINUE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Parks, to continue the public hearing on Application No. 2010 -004 until April 15, 2010. The motion passed unanimously. Voting in favor. Chair Rahn, Commissioners, Campbell- Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. The Planning Commission will continue the public hearing for Application No. 2010 -004 to the April 15, 2010 meeting. OTHER BUSINESS Mr. Eitel reminded the Planning Commission that on April 6, 2010 a joint meeting with the City Council and all Advisory Commissions and the Charter Commission will take place. Mr. Eitel explained that this is an opportunity to discuss how the Commission wants to proceed with this since there is a full Commission in attendance. Commissioner Kuykendall stated that she would like to use the two goals suggested by Mr. Eitel at the last meeting. Gary explained that the Commission should identity two strategic goals that they could identify with. There was further discussion about the Council's six strategic and six ongoing goals and what would be addressed by the Planning Commission at the joint meeting. There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:46 p.m. Chair Recorded and transcribed by: Rebecca Crass 3 -25 -10 Page 6 i 4 i i x �f t 4 I I � Y "t I g ,III • City Council. Agenda Item No. 8b COUNCIL ITEM MEMORANDUM DATE: May 3, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Relating to Municipal Elections; Amending City Code Sections 29- 401, 29 -402, and 29 -403 Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Relating to Municipal Elections; Amending City Code Sections 29 -401, 29 -402, and 29 -403. Background: On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184 of 2010 Session Laws, SF 2251 — copy attached to Public Hearing materials relating to charter amendment Ordinance) to move the date of the State Primary Election to the second Tuesday in August (in 2010 it is August 10), which also moves the City's Primary Election. Chapter 29 of the City Code of Ordinances regulates City elections. • At its April 12, 2010, meeting the Brooklyn Center City Council approved first reading of An Ordinance Relating to Municipal Elections; Amending City Code Sections 29 -401, 29 -402, and 29 -403. The Ordinance amendment reflects the change in Minnesota Statutes 205.065, subdivision I and 205.13, subdivision la, and also includes some housekeeping amendments, including the City Charter language regarding filing by fee or by petition and gender neutral language. Attached is the ordinance amendment as it was approved at first reading. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on April 22, 2010. If adopted, effective date will be June 19, 2010. Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the puhlic trust CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing at 7 .m. ng will be held on the l Oth day of May p or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Relating to Municipal Elections; Amending City Code Sections 29 -401, 29 -402, and 29 -403. 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 RELATING TO MUNICIPAL ELECTIONS; AMENDING CITY CODE SECTIONS 29 -401, 29 -402, AND 29 -403 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 29 -401 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 29 -401. FILING FOR MUNICIPAL OFFICE. At least VNe two weeks before the regular- elee first day to file affidavits of candidacy, the city clerk shall cause to be published in the official newspaper a notice of filing for municipal office. The notice • of filing shall designate the officer to be elected, the period during which affidavits of candidacy may be filed, and the time and place for filing such affidavits. The city clerk. shall post a similar notice at least ten (10) days before the first day to file affidavits of candidacy. Not more than eighteen (18) weeks 84 days nor less than sixteen (16) weeks- 70 days before the r-egul municipal primar election any person who is eligible and desires to become a candidate for a affidavit of candidacy with the city clerk. The affidavit shall be municipal office shall file an affida y Y p a payment of a the same form as required of candidates for state offices. on p U ym &S substantially q p filing fee of twenty -five dollars ($25) by potential candidate or filing by the. petition of fifty (50) registered voters on behalf of the candidate to the eity ' °"'' the clerk shall certify the eligibility of the candidate and place the name of the candidate y2on the effieial election ballot without partisan designation. Section 2. Section 29 -402 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 29 -402. MUNICIPAL PRIMARY MUNICIP" ELECTION. In the event more than twice the number of persons to be elected to a municipal office file for the nomination thereof, there shall be a municipal primary election which shall be held on the first second Tuesday after the s°°° „ a ”' enda y in Septeffib AAu . st. The number of candidates equal to twice the number of persons to be elected to the municipal office, who receive the highest number of votes, shall be the nominees for the office named. The city clerk shall give at least two (2) weeks previous notice of the time and place of holding such municipal p rimary election . ORDINANCE NO. • and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by one (1) publication in the official newspaper, but failure to give such notice shall not invalidate the election. At least one (1) week before the election the city clerk shall publish a sample municipal primary ballot in the official newspaper and he shall post a sample ballot in his the city clerk's office for public inspection. Section 3. Section 29 -403 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 29 -403. REGUL MUNICIPAL GENERAL ELECTION. The Y-egW municipal eg neral election shall be held on the first Tuesday after the first Monday in November. The city clerk shall give at least two (2) weeks previous notice of the time and place of holding such r -egul municipal general election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by one (1) publication in the official newspaper, but failure to give such notice shall not invalidate the election. At least one (1) week before any municipal election, the city clerk shall publish a sample ballot in the official newspaper and he shall post a sample ballot in his the city clerk's office for public inspection. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. • Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (814 indicates matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 8c COUNCIL ITEM MEMORANDUM DATE: May 3, 2010 TO: Curt Boganey, City Manager • FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 (Attachment 1) Recommendation: It is recommended that the City Council open the Public Hearing, take public input, CONTINUE the Public Hearin g g P on An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02 to a specified date or until such time as the Charter Commission makes its recommendation to the City Council. By not adopting the charter amendment Ordinance, there will be no effect on the date of the City Primary Election, as State Statutes supersede home rule charters. Background: On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184 of 2010 Session Laws, SF 2251 — Attachment 5) to move the date of the State Primary Election to the second Tuesday in August (in 2010 it is August 10), which also moves the City's Primary Election. Chapter 4 of the City Charter regulates City elections. • At its April 12, 2010, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. The charter amendment Ordinance reflects the change in Minnesota Statutes 205.065, subdivision 1 and 205.13, subdivision la and also includes some housekeeping amendments updating the terminology for elections to be consistent with state law. The draft charter amendment Ordinance was forwarded to the Charter Commission for review and recommendation at its April 22, 2010, meeting. It was anticipated that the Charter Commission would recommend the charter amendment Ordinance to the City Council; however, the Charter Commission has requested further clarification as to the rationale for the charter change (Attachment 3). In a memo to the City Manager dated April 23, 2010, I provided the rationale for changing the language in Section 4.02 of the City Charter (Attachment 4) and provided a co of Chapter 184 of 2010 Session Laws (Attachment 5). Minnesota Statutes § 410.12 describes the various methods to amend the City Charter (Attachment 2). Charter amendment Ordinance as it was approved at first reading is attached. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on April 22, 2010. • Budget Issues: There are no budget issues to consider. v Mission: Ensuring an attractive, clean, safe community that entrances the duality of life and preserves the public trust Attachment 1 • May 10, 2010 City Council Agenda Packet • • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of May 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.01. MUNICIPAL GENERAL ELECTION. A r-egul municipal general election shall be held on the first Tuesday after the first Monday in November of even- . numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 2. Section 4.02 of the Brooklyn Center City Charter is hereby amended as follows: Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday ^*Writ weeks in ' of the .egel in August of the year in which a municipal general election is to be held there shall be a municipal primary election for the selection of two nominees for each elected office at the a municipal eg neral election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. ORDINANCE NO. Adopted this day of 2010. • Mayor ATTEST: City Clerk Date of Publication: Effective Date: (gtr-ikee}tt indicates matter to be deleted, underline indicates new matter.) • • Attachment 2 • May 10, 2010 City Council � Agenda Packet • 1 MINNESOTA STATUTES 2009 410.12 410.12 AMENDMENTS. • Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. 1 a. Alternative methods of charter amendment. A home rule charter may • be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: Stateof .................. ............................... ) ) ss. Countyof .............. ............................... ) ............................... being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2009 410.12 • made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed............................ (Signature of Circulator) Subscribed and sworn to before me this ....... day of ............. Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the • circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original • Copyright ® 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 3 MINNESOTA STATUTES 2009 410.12 charter and the amendment shall take effect in 30 days from the date of the election or at such • other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to • the charter commission. Such ordinance, if enacted, shall be adopted by at least a four -fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such Copyright ® 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved 4 MINNESOTA STATUTES 2009 410.12 • later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions I to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1 -4; 1986 c 444; 1998 c 254 art I s 107, 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7 • • Copyright C 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. Attachment 3 • May 10, 2010 City Council Agenda Packet • • (DRAFT) MINUTES OF April 22, 2010 • BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 7:36 PM. Roll Call: Secretary Gary Brown called roll; Gary Brown, Gail Ebert, Stan Leino, Bruce Lund, Ed Nelson, Richard Phillips and Eileen Oslund were present. Excused Absences: Harold Middleton, Bruce Lynes Consideration of Minutes Motion by Lund seconded by Nelson to approve minutes of January 28, 2009 Unanimously approved 6- 0 Report of Audit Chair Audit Chairman Eileen Oslund reported that $110.83 was spent in 2009 for postage, and mailing cost of meeting notices and minutes as well as for the attendance by Secretary Brown to the City Birthday Celebration. Motion by Phillips, Seconded by Oslund, to approve the 2009 audit of expenditures in the amount of $110.83 for the Brooklyn Center Charter Commission. New Business Changes to the City's primary election date(s) A lengthy discussion was held by the commission regarding the City Council initiated change in city charter regarding a recent change in state statute pertaining to primary election dates. The proposed ordinance sets a specific date for the Primary election (second Tuesday in August). Charter Commission members discussed the need to change the charter since the second Tuesday date in August is considerably more weeks than the six weeks required in the city charter. Since the city council request did not include the rationale nor did it include the actual state statute change the commission felt they could not take any action at the meeting. Motion by Nelson, seconded by Phillips, to request the city council to provide further direction (including their rationale for the charter change) and information (including the recently changed state statute) regarding their suggested change to Section 4 of the City Charter. Passed unanimously 6 -0 Other Business Next Meeting Agenda Item It was determined that the agenda for June 24, 2010 should include a review of the current bylaws especially related to the requirement of 8 votes to approve a change to the charter. Charter Commission Pamphlet At the last meeting, secretary Brown was directed to prepare a draft brochure regarding the Charter Commission. When City Clerk saw the draft minutes she contacted secretary Brown and thus a copy of the existing city brochure was sent out to commission members. Future meeting dates: June 24, October 28, 2010 Motion by Brown, seconded by Lund, to set a tentative meeting for May 20, 2010, if determined necessary by chairman Leino, regarding the proposed city ordinance change related to Section 4 of the City Charter. the meeting 8:50 PM. Passed Adjournment Motion b Nelson, seconded by Lund, to adjourn g J Y unanimously 6- 0. Submitted for consideration, Gary E. Brown, Secretary Attachment 4 • May 10, 2010 City Council Agenda Packet • • C of f Offic e of the City Clerk TER • MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: April 23, 2010 SUBJECT: Proposed Ordinance Amending City Charter Sections 4.01 and 4.02 The Charter Commission met last night and one of its agenda items was discussion of the proposed ordinance amending the City Charter, which the City Council approved for first reading on April 12, 2010. Charter Commission Secretary Gary Brown e- mailed the minutes of the meeting — see attached. The minutes indicate that no action was taken on the proposed ordinance amending the City Charter. The Charter Commission has requested further information be provided including the City Council rationale for the charter change and the recently changed state statute. On March 3, 2010, Gov. Pawlenty signed a bill into law (Chapter 184 — see attached) that moves the • state primary to the second Tuesday in August. The law also moved city primaries to the same day (Minn. Stat. § 205.065, subdivision 1). The effective date of the law was March 4, 2010. CURRENT CHARTER LANGUAGE. Section 4.02 of the City Charter provides for primary elections and currently reads: Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. PROPOSED CHARTER AMENDMENT. The proposed amendment to Section 4.02 is (underline new matter; strikeout matter to be deleted): Section 4.02. MUNICIPAL PRIMARY ELECTIONS. On the second Tuesday a*�* «' weeks in .,a.,. nee of the r-egu af in August of the year in which a municipal eg_neral election is to be held there shall be a municipal primary election for the selection of two nominees for each elected office at the Fegul municipal general election unless no more than two nominees file for • each elective office. When two vacancies exist on the Council and the number of candidates is Mr. Curt Boganey Page 2 • April 23, 2010 more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. The rationale to changing the language in Section 4.02 of the City Charter is to be consistent with State Statutes. Section 4.01 of the City Charter specifically identifies when the municipal general election shall be held (the first Tuesday after the first Monday in November of even - numbered years). Section 4.02 does not indicate a specific date, but provides a general timeframe of at least six (6) weeks in advance of the municipal general election. Although the language in Section 4.02 does not conflict with State Statutes, it implies that the municipal primary could be held on any date as long as it was at least six (6) weeks in advance of the general election; however, State Law sets a specific date (the second Tuesday in August). • • Attachment 5 • May 10, 2010 City Council � Agenda Packet • Chapter 184 - Revisor of Statutes Page 1 of 15 Minnesota Session Laws search Key: (1) lempage to be deleted (2) new language 20io, Regular Session This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2010 session law, which will be available here summer 2010. CHAPTER 184-- S.F.No. 2251 An act relating to elections; changing the date of the state primary; changing certain primary- related dates and provisions;amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; IOA.323; 203B.06, subdivision 1; 203B.081; 203B.13, subdivision 2; 203B.17, subdivision 1; 203B.22; 203B.225, subdivision 1; 203B.23, subdivision 2; 20413.09, subdivision 1; 204B.14, subdivisions 2,4; 204B.21, subdivision 1; 204B.33; 20413.35, subdivision 4; 204B.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision la; 205.16, subdivisions 4, • 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06, subdivision la; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a; 206.6 1, subdivision 5; 208.03; 211B.045; 410.12, subdivision l; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2008, section I OA.31, subdivision 6, is amended to read: Subd. 6. Distribution of party accounts. As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue on-Septemb one week before the state primary to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10 . if a eandidate files the affidavit required by seetion 1 92k.323 efter Se 1 of the next regnie. payment date for pt+He subsidies 66. timt eiection eycie d=t oee=s at least 15 &ys after the eandidate files the affidavit. httnc - / /www revicnr.mn_anvA / ?id= 184 &doctvne = Chanter &year = 2010 &type = 05/03/2010 Chapter 184 - Revisor of Statutes Page 2 of 15 • Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read: 10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED. Subdivision 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before in4y -1 the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 1 OA. 31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed. Subd. 2. Publication, certification, and notification procedures. Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within seven dRys one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. By-Andgust 15 Within two weeks after the last • day for filing for office the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10. Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read: Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10 ; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38. (b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board by- September at least three weeks before the candidate's state primary An agreement may not be filed after that date. An agreement once filed may not be rescinded. (c) The board must notify the commissioner of revenue of any agreement signed under this subdivision. (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office. Sec. 4. Minnesota Statutes 2008 section 10A.323 is amended to read: 10A.323 AFFIDAVIT OF CONTRIBUTIONS. 'k++ - // c-1-1 VaXAcnr m" (Tn[711acx7c /9;d =1 0&f.vne = 0 05/03/2010 Chapter 184 - Revisor of Statutes Page 3 of 15 In addition to the requirements of section 10A.322, to be eligible to receive a public • subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that between JanpM 1 of the election year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor: (1) candidates for governor and lieutenant governor running together, $35,000; (2) candidates for attorney general, $15,000; (3) candidates for 'secretary of state and state auditor, separately, $6,000; (4) candidates for the senate, $3,000; and (5) candidates for the house of representatives, $1,500. The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50. The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the e �� deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4. A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy. Sec. 5. Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read: • Subdivision 1. Printing and delivery of forms. Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04. Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 203B.04, subdivision 5 or 6, at least 60 days before: (1) each regularly scheduled primary for federal state county city or school board office; (2) each regularly scheduled general election for city or school board office for which a primary_is not held; and (3) a special primary to fill a federal office vacancy or special election to fill a federal office vacancy, if no major party has more than one candidate after the time for withdrawal has expired; or at least 45 days before any other primary or other election for which a primary is not held. Sec. 6. Minnesota Statutes 2008, section 203B.081, is amended to read: 203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place desi aigri ted by the counter auditor during the 46 days before a regularly scheduled election for federal state county city, or school board office or a special election for a federal office, and during the 30 days before 0= - any other election htt„c• / /ixnxnx7 n -vicnr mn anv /1aws / ?ic1 =1 R4&doctvne= Chanter &vear = 2010 &tvpe =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 4 of 15 auditor. The county auditor shall make such designations at least 90-detys 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. Sec. 7. Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot envelopes and accept or reject absentee ballots in the manner provided in section 203B.12. The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or "rejected" at any time during the 30 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a, replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 8. Minnesota Statutes 2008 section 20313.17 subdivision 1, is amended to read: Subdivision 1. Submission of application. (a) An application for absentee ballots for a voter described in section 203B.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's Social Security number, no matter how it is designated, qualifies as the person's military identification number if the person is in the military. (b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence. 16 subdivision 2 , shall be n for a voter described in section 20313 (c) An application , last maintained residence auditor of the coon where the voter submitted to t he county county in Minnesota. (d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the end of that calendar year (e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 20313.27. Sec. 9. Minnesota Statutes 2008, section 20313.22, is amended to read: 203B.22 AfMffifN6 TRANSMITTING BALLOTS. The county auditor shall mail transmit the appropriate ballots, as promptly as possible, to an absent voter whose application has been recorded under section 20313.19. If the county auditor determines that a voter is not eligible to vote at the primary but • will be eligible to vote at the general election, only general election ballots shall be mailed transmitted Only one set of ballots shall be mailed transmitted to any applicant for any election, except that the county auditor may mail transmit a replacement ballot h"Q— / /vanuw rPvicnr mn my /1aw , ,/ ?id =1 R4 &doctvne= Chanter &vear = 2010 &tune =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 5 of 15 to a voter whose ballot has been spoiled or lost in transit or whose mailing address has • changed after the date on which the original application was submitted as confirmed by the county auditor. Ballots to be sent outside the United States shall be given priority in m In . transmission A county auditor may make use of any special service provided by the United States government for the mRiiirtg transmission of voting materials under sections 203B.16 to 203B.27. Sec. 10. Minnesota Statutes 2008, section 20313.225, subdivision 1, is amended to read: Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter described in section 203B.16 may include in an application for absentee ballots a request that the ballots, instructions, and a certificate of voter eligibility meeting the requirements of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter. The count auditor is not required to provide return postage to voters to whom ballots are transmitted electronically. Sec. 11. Minnesota Statutes 2008, section 20313.23, subdivision 2, is amended to read: Subd. 2. Duties. The absentee ballot board must examine all returned absentee ballot envelopes for ballots issued under sections 203B.16 to 20313.27 and accept or reject the absentee ballots in the manner provided in section 20313.24. If the certificate of voter eligibility is not printed on the return or administrative envelope, the certificate must be attached to the ballot secrecy envelope. • The absentee ballot board must immediately examine the return envelopes and mark them "accepted" or "rejected" during the 3$ 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board must provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. Sec. 12. Minnesota Statutes 2008, section 20413.09, subdivision 1, is amended to read: Subdivision 1. Candidates in state and county general elections. (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than -70 84 days nor less than 56 70 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period. (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10. (c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions en or before the staft at least 77 days before the general election day pursuant to section 20413.07. Nominating petitions to fill vacancies in nominations shall be filed as . provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing. httne• / /unuw rPVicnr mn unv/1nwc / 9id =1 R4&dcctvne= Chanter &vear = 2010 &tune =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 6 of 15 (d) Affidavits and petitions for county offices must be filed with the county auditor of that county. Affidavits and petitions for federal offices must be filed with the secretary of state. Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides. (e) Affidavits other than those filed pursuant to subdivision 1 a must be submitted by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing. Sec. 13. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read: Subd. 2. Separate precincts; combined polling place. (a) The following shall constitute at least one election precinct: (1) each city ward; and (2) each town and each statutory city. (b) A single, accessible, combined polling place may be established no later than +m= May 1 of any year: (1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots; (2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; (3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or • (4) for noncontiguous precincts located in one or more counties. A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than April 1 of any year. The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state. Sec. 14. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read: Subd. 4. Boundary change procedure. Any change in the boundary of an election precinct sha* must be adopted at least 90 days before the date of the next election and, for the state primary and general election, no later than:h= May 1 in the year of the state general election. The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at httnc• / /www.revisor.mn.gov /laws / ?id= 184 &doctvtne = Chanter &veal= 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 7 of 15 least 60 days. • The county auditor must publish a notice illustrating or describing the congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers in the county at least 14 days prierta before the first day to file affidavits of candidacy for the state general election in the year ending in two. Alternate dates for adopting changes in precinct boundaries, posting notices of boundary changes, and notifying voters affected by boundary changes pursuant to this subdivision, and procedures for coordinating precinct boundary changes with reestablishing local government election district boundaries may be established in the manner provided in the rules of the secretary of state. Sec. 15. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read: Subdivision 1. Appointment lists; duties of political parties and county auditor. On 3nrie I May 1 in a year in which there is an election for a partisan political office, the county or legislative district chairs of each major political parry, whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located. By 3um 1-5 May 15 , the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party- Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read: 20413.33 NOTICE OF FILING. (a) At least 15 weeks before the state primary the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices. (b) At least two weeks before the first day to file an affidavit of candidacy, the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy. Sec. 17. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read: Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a regularly scheduled election for federal state county, city, or school board office or a special election for federal office and at least 30 days before any other election, ballots necessary to fill applications of absentee voters shall be prepared and delivered at 3 to the officials who administer the provisions of chapter 203B. This section applies to school district elections held on the same day as a statewide hm, q• / / www_revisor_mn_gnvAaws / ?id= 184 &doctvne = Chanter &vear = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 8 of 15 • election or an election for a county or municipality located partially or wholly within the school district. Sec. 18. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read: Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least six weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election for federal state, county, city or school board office or a special election for federal office and not more than 30 days nor later than 14 days prior to Oi_c before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk may appoint election judges to examine the return envelopes and mark them "accepted" or "rejected" during the -40 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. • Any ballot received by 8:00 p.m. on the day of the election must be counted. Sec. 19. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read: Subd. 3. Secretary of state. No later than ten weeks before the state primary in each even - numbered year, the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot. Sec. 20. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read: Subdivision 1. State primary. The state primary shall be held on the fast second Tuesday after the Monday in September in Au ug_st in each even - numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors. Sec. 21. Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read: Subdivision 1. Example ballot. (a) No later than l May 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year. httns : / /www.revisor.nm.izov/laws / ?id= 184 &doctype = Chapter &year =2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 9 of 15 (b) The county auditor shall distribute copies of the example ballot to municipal and • school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot. Sec. 22. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read: Subd. 5. Regular state primary. "Regular state primary" means: (a) the state primary at which candidates are nominated for offices elected at the state general election; or (b) a primary held on the second Tuesday after the fir.9f. in August of odd - numbered years. Sec. 23. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read: Subd. 6. Special election required; exception; when held. Every vacancy shall be filled for the remainder of the term by a special election held pursuant to this subdivision; except that no special election shall be held in the year before the term expires. The special election shall be held at the next November election if the vacancy occurs at least six 11 weeks before the regular state primary preceding that election. If the vacancy occurs less than six 11 weeks before the regular state primary preceding the next November election, the special election shall be held at the second November election after the vacancy occurs. Sec. 24. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read: • Subd. 8. Notice of special election. The secretary of state shall issue an official notice of any special election required to be held pursuant to this section not later than ten 16 weeks before the special primary, except that if the vacancy occurs ten 16 weeks or less before the special primary, the secretary of state shall issue the notice no later than two days after the vacancy occurs. The notice shall state the office to be filled, the opening and closing dates for filing of candidacy and the dates of the special primary and special election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply generally to special elections, this notice shall be used in place of the writ of the governor. Sec. 25. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read: Subd. 9. Filing by candidates. The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open six 12 weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later. Filings shall close fear ten weeks before the special primary. Sec. 26. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read: Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the first second Tuesday after the second Monday in September in August of any year in which a municipal general election is to be held for the purpose of electing officers. Sec. 27. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read: Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted by April 15 in the year when httns : / /www.revisor.mn.izov/laws / ?id= 184 &doctvpe = Chapter &year =2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 10 of 15 • a municipal general election is held elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Sec. 28. Minnesota Statutes 2008, section 205.13, subdivision la, is amended to read: Subd. 1 a. Filing period. In a ci nominating candidates at a nwnieipai primary, an affidavit of candidacy for a city officeor town offiee voted on in November must be filed net no more than q9 84 days nor less than 56 70 days before the eleetien city_primary In another municipalities that do not hold a primary an affidavit of candidacy must be filed net no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 91 days nor less than 77 days before the municipal general election held in November of anyyear Sec. 29. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read: Subd. 4. Notice to auditor. At least 53 74 days prior 6e before every municipal election held in connection with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office and at least 53 days • before any other municipal election the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. ��t less than 6 At least 74 days before the a regularly scheduled election for federal, state county, city, or school board office or a special election for federal office, and at least 46 days before any other election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205. 10, subdivision 6. Sec. 30. Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read: Subd. 5. Notice to secretary of state. At least 46 74 days prie, o before every municipal election held in conjunction with a re ug larly scheduled election for federal, state county city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. Sec. 31. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read: Subdivision 1. Resolution requiring primary in certain circumstances. The school board of a school district may, by resolution adopted by imie !- April 15 of any year, decide to choose nominees for school board by a primary as provided in this section. The resolution, when adopted, is effective for all ensuing elections of board members in . that school district until it is revoked. If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at -large school board positions bttns : / /www.revisor.mn.aov/laws / ?id= 184 &doctvue = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 11 of 15 available, the school district must hold a primary. • Sec. 32. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read: Subd. 2. Date. The school district primary must be held on the first second Tuesday in August in the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07. Sec. 33. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read: Subd. 3. Cancellation. A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than 46 74 days before the an election held in conjunction with a regularly scheduled election for federal state county, city, or school board office or a special election for federal office, or 46 days before any other election. Sec. 34. Minnesota Statutes 2008, section 205A.06, subdivision 1 a, is amended to read: Subd. I a. Filing period. In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the 84th day and no later than the 5fAh 70th day before the first second Tuesday in August in the year when the school district general election is held. In all other school districts, affidavits of candidacy must be filed no earlier than the 49tt 91 st day and no later than the • 56th 77th day before the school district general election. Sec. 35. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read: Subd. 3. Notice to auditor. At least 64 74 days prior to before every school district election held in conjunction with a regularly scheduled election for federal, state, county city or school board office or a special election for federal office, and at least 53 days before any other school district election the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question, may be provided to the county auditor prier•te before receipt of a review and comment from the commissioner of education and prior -0 before actual initiation of the election. Not less than 46 74 days before +e an election held in conjunction with a re.g;ularly scheduled election for federal state count city or school board office or a special election for federal office or 46 days before any other election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3. Sec. 36. Minnesota Statutes 2008, section 205A.07, subdivision 3a, is amended to read: Subd. 3a. Notice to commissioner of education. At least 49 74 days prier �o before every school district election held in conjunction with a regularly scheduled election for federal state, county city or school board office or a apecial election for federal office, and at least 49 days before any other school district election under section 123B.62, httns : / /w ww.revisor.mn.aov/laws / ?id= 184 &doctvpe = Chapter &year =2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 12 of 15 12313.63, 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election. Not less than 46 74 days before the every school district election held in conjunction with a regularly scheduled election for federal state county, cif or school board office or a special election for federal office and at least 46 days before any other school district election the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot q uestion shall be provided in a written notice to the commissioner in a timely manner. Sec. 37. Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read: Subd. 3b. Notice to secretary of state. At least 46 74 days prim o before every school district election held in conjunction with a re iullary scheduled election for federal, state county, city, or school board office or a special election for federal office, and at least 46 days before any other school district election for which a notice is provided to the county auditor under subdivision 3, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. Sec. 38. Minnesota Statutes 2008, section 205A.11, subdivision 2a, is amended to read: • Subd. 2a. Notice of special elections. The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election. The notice must include the following information: the date of the election, the hours of voting, and the location of the voter's polling place. The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter. The notice must be mailed no later than 14 days before the election. The mailed notice is not required for a school district special election that is held on file day 0 , the second Tuesday € 4io Monday in Septe mber August the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition, the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor. Sec. 39. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read: Subd. 5. Alternation. The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct. If the number of names to be alternated exceeds . the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names. If an electronic ballot marker is used with a paper ballot that is not an optical scan httnc- / /www_revisnr_mn.gov /laws / ?id= 184 &doctvne = Chanter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 13 of 15 ballot card, the manner of alternation of candidate names on the paper ballot must be as • prescribed for optical scan ballots in this subdivision. The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year when the rotation will be made as the basis for determining the rotation of names. Sec. 40. Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is amended to read: Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80. The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system. Prior to JtHy Before May 1 of each subsequent general election year, the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state. The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of Enterprise Technology or other agency which may be operating as the central computer authority. The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt • of the plan. The attorney general, upon request of the secretary of state, may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section. Sec. 41. Minnesota Statutes 2008, section 208.03, is amended to read: 208.03 NOMINATION OF PRESIDENTIAL ELECTORS. Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. On or before pfit mry At least 77 days before the general election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of eight alternate presidential electors, and the names of the party candidates for president and vice president. Sec. 42. Minnesota Statutes 2008, section 211B.045, is amended to read: 211B.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from Aug st+ 46 days before the state primary in a state general election year until ten days following the state general election. Sec. 43. Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read: • Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of https : / /www.revisor.nm.gov/laws / ?id= 184 &doctype = Chapter &year =2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 14 of 15 the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least +-2 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Sec. 44. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read: Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either • as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than -7 91 days nor less than 66 77 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy. Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass. After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 . days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy. https: / /www.revisor.mn.gov /laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 Chapter 184 - Revisor of Statutes Page 15 of 15 Sec. 45. EFFECTIVE DATE. • This act is effective the day following final enactment. • • https : / /www.revisor.nm.gov/laws / ?id= 184 &doctype = Chapter &year = 2010 &type =0 05/03/2010 i City Council Agenda Item No. 8d COUNCIL ITEM MEMORANDUM DATE: May 3, 2010 • TO: Curt Bo ane , City Manager g Y FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Relating to Campaign Signs; Amending City Code Section 34 -140 Recommendation: It is recommended that the City p Council open the Public Hearing, take public input, close the Signs; Amending. ' er adoption of An Ordinance Relating to Campaign Sign , Public Hearin and consid g g, P City Code Section 35 -140. Background: On March 3 2010, Governor Pawlent Y signed ed a bill into law (Chapter 184 of 2010 Session s F 2251 — co attached to Public Hearin Laws, S copy g materials relating to charter amendm Ordinance) to move the date of the State Primary Election to the second Tuesday in August (in 2010 the date is August 10), which also moves the City's Primary Election. With the state activity dates that were also changed, such primary date move there were several other election y P Y as filing dates and campaign sign placement. Chapter 34 of the City Code of Ordinances regulates signs. • At i ts Ap ril 12 2010 meetin g Brook the Brookl Center City Council approved first reading of An Ordinance Relating to Campaign Signs; Amending City Code Section 34 -140. The Ordinance amendment reflects the change in Minnesota Statutes 211B.045 regarding noncommercial sign si g n s can be laced duri a state general movi u the date for which ca gn p g exe mptions, g p P � election year. For 2010, campaign signs may be placed during the timeframe June 25 through November 12. The second reading and Public Hearing are scheduled for this evening. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on April 22, 2010. If adopted, effective date will be June 19, 2010. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community tftat enhances the quality of life and preserves the public trust CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 10th day of May 2010 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Relating to Municipal Elections; Amending City Code Sections 29 -401, 29 -402, and 29 -403. 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 RELATING TO CAMPAIGN SIGNS; AMENDING CITY CODE.SECTION 34 -140 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 34- 140.2.f of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 34 -140. PERMITTED SIGNS. 2. Permitted Signs Not Requiring a Permit. • f. Portable and freestanding campaign signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area, except that there shall be no limitation on the size of campaign or other noncommercial signs during the period from Asti forty -six (46) days before the state primary in a state general election year until ten (10) days following the state general election. Freestanding campaign signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal campaign sign shall be held responsible therefor. Signs must be at least ten (10) feet back from the back of the curb or improved edge of a roadway and at least two (2) feet back from the improved edge of a trail or sidewalk and outside of the sight triangle defined in Section 35 -560. • ORDINANCE NO. • Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2010. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Str-ikeeut indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8e COUNCIL ITEM MEMORANDUM • DATE: May 4, 2010 TO: Curt Boganey, City Manager r FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: AN ORDINANCE RELATING TO THE DEFINITION OF THE CLEAR VIEW TRIANGLE; AMENDING CITY CODE SECTION 25 -802 Recommendation: It is recommended that the City Council consider approval of an ordinance relating to the definition of Clear View Triangle; amending City Code Section 25 -802. Background: Attached for consideration is an Ordinance amending Section 25 -802 of the City Ordinances regarding the definition of the Clear View Triangle. The proposed amendment establishes that based on engineering judgment and discretion, certain objects may remain in the Clear View Triangle if there are other circumstances limiting or minimizing risk at an intersection. Attached is a supporting Memorandum dated April 28, 2009, from Kennedy & Graven as well as the Clear View Triangle Diagram. Consistent with the City Charter, this item was first read on April 12, 2010, published in the • official newspaper on April 22, 2010, and is presented for the second reading and public hearing by the City Council. If adopted by the City Council, the ordinance would be effective after thirty days following legal publication. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources • llise' ion: Ensurirr, au attraclire, clecnt, safe conrnronitr Ntcn odiances the quality e/ lilt and prc.sc rvc� the pnblir rrtof CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be on the 10th day of May, 2010, 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 relating to the definition of the clear view triangle; amending City Code Section 25 -802. 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 RELATING TO THE DEFINITION OF THE CLEAR VIEW TRIANGLE; AMENDING CITY CODE SECTION 25 -802 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 25 -802 of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: Section 25-802. VIEW TRIANGLE DEFINED. On any property which is located at a street intersection, the Clear View Triangle is defined as that triangular area formed by connecting the following three points: the point of intersection of the adjacent curb lines extended, and a point on each adjacent curb line 55 feet from such point of intersection. If there are no curbs, • the edge of the traveled portion of the street or road shall be used instead of the curb line. On any property which is located at an intersection of an alley with a street, the triangular area is formed by connecting points 20 feet from such point of intersection. Nothing may be allowed within the Clear View Triangle to materially impede vision between a height of two and one -half feet and 10 feet above the centerline grades of the intersecting streets. However, certain objects may remain in the Clear View Triangle if, based on engineering judgment and discretion there are other circumstances that limit or minimize risk at the intersection Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2010. Mayor ATTEST: City Clerk Date of Publication: • Effective Date: (Stfikeeut indicates matter to be deleted; underline indicates new matter.) i • Man' ll. 'I icljen K ennedy 470 Z So ti ntt, 200 S��utli Sixth Sutct Minneapolis MN 55402 (012', 337 -9277 tclephonc Graven (cpkL' In uuictjwt�r kcnneth- era�en.r�tnt hNp:; �c c� .kennc l - graccn.cum CHARTERED MEMORA 10. Charlie LeFeverc i From: Mary Tictlen Date: April _'8, 2009 Re: Brooklyn Center Clear View Triangle OrchnanceiLiability Issues • l - his is ui response to Steve Lillchauw's email related to the City's Clear View Triangle ordinance. The subject of sight obstructions and signage_at intersections is a common theme in several MlnneSOW cases where courts have held flat ,ovcrnmcnt entities are entitled to immunity. Issue. Would the City of' Brooklyn Center be entitled to immunity if an accident occurred at MI intersection where the City departed II - om the ordinance requirement- prohibiting" visual obstructions Within the "Clear View Trian-le ?" Discussion. MIIlncsota apOcllatc courts have consistently held that cities, towhs and cuwrtics arc cntiticci to statutory immunity from liability for clirims arising out of itatet�scction accidctlts where the accident Was caused by the -overnment's failure to take some action based on a discretionary policy. S'ce Riedel r Gooduvin, 574 N.W.2d 753. 757 (Minn. Ct. App. 1998), rc". (1011Cl (Minn.Apr.30, 1998). In addition, official immunity has been applied to the negligent acts of' public officials, such as en-ineers, whose decisions regarding signa;,c at intersections are hascd Oil the exercise of judgment and discretion. Sce IL-cluncl N. 0 - ow'.s Nc s/ Ytrc•hls, I►►c�., 552 N.W.2cl 269 (Minn. Ct. App. 1996). For example, in Riedel, the county had a policy to mow tall grass along county toads for traffic \ Hi�,lh volume roads were prioritiicd over 1Ow volume roads, based on time and resources constraints. The county failed to mo\ti a loW volume road and an accident occurred at an intersection, possibly as a result of the failure to cut the Harass. The Minncsota Court of Appcals held that the county was entitled to statutory inununity because the failure to MOW was based on policy considerations: Riedel. 574 NAV.2d at 757. i • I I i i I Ric(lel, however. did not involve an orilinancc or a StatulC that '4O\C►'ncd tilt 1110"'i11" of colulty roads. It only involvCd a County policy. Alter Ricilc'l, the Court of , appeals ConsidCI_Cd arulthCl" case inyolvin`u, an intersection accident where visibility was an ISSUC. .5'ONS A ICA'raf l; l-:ric•ksow"C av cif IVY Bcor Lokc, 1999 1 118524 (NI inn.:App., Dec. 14, 1909). 111 • It was alleged that a tree Obstructed the views ol' both drivers and contributed to the accident. The city of ' White Bear Lake had an ordinance that prohibited any Su'ucturC or }slanting W a llCfllled "t"iangular area," as Well as an orilinancc rcclu11 ' that limbs of trees be at least eight feet above grade within the public right- of=way. The tree was not within the Si`-llt triarl"1C, but it evas undisputed that it was in violation of the latter ordinance. AR110Llgh the COLIN acknowledged that this case was different from Riedel because Riedel did not involve all ordinance and this case did, the Court Was not conlpClled to legally distin`CLiish the raSCS and held that the city of "'ll Bear Lake vvas entitled to ilrinlunity. '] COLII't'S rationale in S011i.`; "yaS that the ordinance was not binding on the city and the city had Still CsCrciscd Its_diSCrction based on policy COlisidcrations: The city correctly points out that the orilinancc imposes a I "Cglllrellll'lll on hro icrty owners to keep their trees and Shrubs 1i "0111 vlolatiog tilt; ordinance. The ordinance is not cnforcca.ble against the city... The city has exercised its discretion, based on JILmlcrous policy considerations, and has determined that it will not trim lI'CCS outSICic of sight triangles for traffic visibility purposes unless a tree IS brouU1ht to the city'S attCntion as it dangerous condition. That policy decision, which was lollo by the city in the present case, is entitled to statutory inlnlunily. 'I'0 holil otilerAyisc would have the perverse clfcct 0T dI'SCOLn'a Cities From adopting safety 01 /d. at *3 (emphasis added). Brooklyn CCllter'S ordinance defines "Clear View Triangle" and provides that "nothing play be allowed within the Clear Vices Triangle to materially impede vision ... Tile question hosed v,'as whCthcr the City would be liable if an accident occurred at 1111 intersection "yhcrC the City allowed ali obstruction in the clear view triangle based on Cnoincerill" lud merit that sight lines were not an issue under certain circumstances. Based on the reasoning in . Obis, if the City's decision to allow the obstruction was based on policy considerations, it Seems likely that inlnlunity would apply. I have sonic reservation about relyin�tj on an un1111MISbCd case. but the decision Sccnls consistent with the reasonillu in many of the published opinions. Nly recomniclldatlon to the City wOLlld be to dOC,L1I11Cnt the 11CCd 01" polrC\ c011Sldera11011S Involved ill any Situation where they decide to depart h "om the I "CnlClltS 01 file 01 YI111111Ce'. I wOltd alSO recommend that file City consider al11CI1Cilllg IIS OfdI11a11Ct l0 pfOy'ICIC that Cl'I "lLllll Objects may remain in the clear yIC\\ triangle if, based on C1111111CCrill" jud"nlent aril discretion, there are other circumstances flat lllillt or I inin1ILc risk at the intersection. I believe this \Wuld ,'ive the City more protection in the event of a tort claim the failure to 1011ow the ordinance. C LEAR VIEW TR IANGLE CORNER LOT a,'Ly F , CLEAR VIEW � TRIANGLE .. ... .. ....1 * R/W LINE= I ...... ......... ..... :.. . . . . .... . CUi213 LIN ��. City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM • DATE: May 5, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development 7 - SUBJECT: Planning Commission Application No. 2010 -007 (6940 Brooklyn Boulevard — Planned Unit Development Amendment and Site & Building Plan) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2010 -007 Submitted by Vanguard Construction (6940 Brooklyn Boulevard — Planned Unit Development Amendment and Site & Building Plan). Background: On the May 10, 2010 City Council Agenda is Planning Commission Application No. 2010 -007 submitted by Vanguard Construction, LLC requesting a Planned Unit Development Amendment and Site and Building Plan approval for construction of a 6,757 sq. ft. multi- tenant office building. This matter was considered by the Planning Commission at their April 29, 2010 meeting and was recommended for approval. • Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010 -007, an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. Will aggressively proceed with implementation of the City's Redevelopment Plans Hlission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010-007 SUBMITTED BY VANGUARD CONSTRUCTION FOR THE DEVELOPMENT OF LOT 2, BLOCK 1, JOHNCO ADDITION. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development including conceptual approval of a Super America gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the Super America development; and WHEREAS, City Council Resolution No. 2002 -111, adopted on August 26, 2002, accepted the Planning Commission's recommendation on a PUD amendment to allow construction of a revised layout providing for a 3,958 sq. ft. Super America convenience store /gas station/car wash on Lot 1, Block 1, Johnco Addition; and • WHEREAS, Vanguard Construction has made application for site and building plan approval for the development of Lot 2, Block 1, Johnco Addition providing for a five bay multi —tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. ft. of this PUD by 7.4 percent which requires the processing of a major plan amendment to the approved PUD; and WHEREAS, the Planning Commission held a duly called public hearing on April 29, 2010, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. WHEREAS, the Planning Commission recommended approval of Application No. 2010 -007 b adopting Planning Commission Resolution No. 2010 -004 on April 29, 2010; and Y P g g P i • meeting. WHEREAS, the City Council considered Application No. 2010 -007 at its May 10, 2010 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 2010 -007 submitted by Vanguard Construction in light of the following: 1. The Planned Unit Development amendment, providing for the re- orientation and enlargement of the building from 4,230 sq. ft. to 6,757 sq. ft. is generally consistent with the multi- tenant commercial/retail planned use for this lot, is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development amendment will allow for the utilization of the land in question in a manner, which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 10 ft. green/parking strip from interior property lines. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is • off set or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002 -75. 4. The Planned Unit Development amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The amendment is complimentary to the existing commercial buildings, will cause the completion of this redevelopment project, and result in a finished project that is corner stone within the Brooklyn Boulevard Corridor and an asset to the community at large. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. Be it further resolved by the City Council of the City of Brooklyn Center that Application No. 2010 -007 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans 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 permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. The plans shall be modified as recommended by the City Engineer to relocate • the northern driveway and include vehicular turning movements to assure the proper functioning of the drive thru lane. 11. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits and further assure compliance with the development plans submitted with this application. 12. Approval is subject to conditions and recommendations as outlined in the City Engineering Department's memo dated 4- 29 -10. 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. • LOGISMap Output Page Page 1 of I F7777 77= R. i PLANNING COMMISSION APPLICATION NO. 2010 -007 \ 7 DTH AVE N - -- L J 70TH AVE N Fn m \'L z i 1 89TH AVE N • hrr„• / /��� lnrric r%v"IT nrTe T nrUVk n" nVgrrliPntVPrcin d /)R /')Ol0 • Member . K uyk e n d a 11 introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2010 -04 RESOLUTION REGARDING THE RECOMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -007 SUBMITTED BY VANGUARD CONSTRUCTION FOR THE DEVELOPMENT OF LOT 2, BLOCK 1, JOHNCO ADDITION. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development including conceptual approval of a Super America gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the Super America development; and • WHEREAS, City Council Resolution No. 2002 -111, adopted on August 26, 2002, accepted the Planning Commission's recommendation on a PUD amendment to allow construction of a revised layout providing for a 3,958 sq. ft. Super America convenience store /gas station/car wash on Lot 1, Block 1, Johnco Addition; and WHEREAS, Vanguard Construction has made application for site and building plan approval for the development of Lot 2, Block 1, Johnco Addition providing for a five bay multi— tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. ft. of this PUD by 7.4 percent which requires the processing of a major plan amendment to the approved PUD; and WHEREAS, the Planning Commission held a duly called public hearing on April 29, 2010, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's • Comprehensive Plan. 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 permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the. City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. • 10. The plans shall be modified as recommended by the City Engineer to relocate the northern driveway and include vehicular turning movements to assure the proper functioning of the drive thru lane. 11. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits and further assure compliance with the development plans submitted with this application. Date Chair ATTEST: ' tary . i • 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 SESSION APRIL 29, 2010 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Parks at p.m. ROLL CALL Chair Pro Tem Parks, Commissioners JoAnn Campbell- Sudduth, Kara Kuykendall, Stan Leino and Carlos Morgan were present. Also present were Planning Commission Secretary Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Chair Sean Rahn was absent and excused. APPROVAL OF MINUTES — APRIL 15, 2010 There was a motion by Commissioner Kuykendall, seconded by Commissioner Campbell- Sudduth, to approve the minutes of the April 15, 2010 meeting as submitted. The motion passed. Commissioner Morgan abstained since he was not present at the meeting. CHAIR'S EXPLANATION • Chair Pro Tem Parks 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. APPLICATION NO. 2010 -007 — VANGUARD CONSTRUCTION, INC. Chair Pro Tem Parks introduced Application No. 2010 -007, a request from Vanguard Construction, Inc. for PUD Amendment and Site & Building Plan approval for construction of 6,757 sq. ft. multi - tenant retail /commercial building on a 38,707 sq. ft. located at the northeast quadrant of Brooklyn Boulevard and 69 Avenue North. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4 -29 -10 for Application No. 2010 -007 and the Director of Public Works memo dated 4- 29 -10, attached.) He further explained that the original development plan approved in 2002, included for Lot 1, a SA Service Station with car wash (3,960 sq. ft.), Lot 2, a 4,230 sq. ft. restaurant, retail, office building, Lot 3, a 21,500 sq. ft. multi -tenant commercial building, and Lot 4, a Culver's Restaurant (4,538 sq. ft.). Mr. Eitel pointed out that the proposed amendment to the previously approved plan indicates a larger foot print and reorientation of the building to face Brooklyn Boulevard. He added that the plan allows for five tenant spaces and a drive up window for a potential restaurant. • 4 -29 -10 Page 1 There was discussion among the Commission regarding their concerns with additional traffic and traffic • flow around the site and in and out of the site with the addition of a restaurant type use particularly along 70 and Brooklyn Boulevard. Mr. Eitel commented on the City's Engineer's recommendation to shift the northern entrance drive approximately 30 ft. to the north, to align with the SA entrance. Commissioner Leino arrived at 7:53 p.m. PUBLIC HEARING — APPLICATION NO. 2010-007 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to open the public hearing on Application No. 2010 -007 at 7:54 p.m. The motion passed unanimously. Chair Pro Tem Parks called for comments from the public. Mr. Jeff Benedict, representing Vanguard Construction, stated that some good suggestions were made and they will deal with increased traffic by using directional signs on the site. He added that it is anticipated that traffic will move on and off the site along 70 Avenue without adding any additional egress and ingress points. He added that after review and suggestion from the City Engineer, he agress that it is an improvement to the plan to move the entrance 30 ft. to the north. They are open to the suggestions made and will make adjustments to their design of the site. Commissioner Kuykendall stated that one reason for heavy traffic on 70 Avenue is due to customers going to SA from Brooklyn Boulevard. Mr. Benedict stated that they can deal with the traffic around the site as long as it is safe. • Mr. Eitel explained that a recent traffic study recognized traffic concerns with the Brooklyn Boulevard and 69 Avenue intersection, the east bound traffic on 69 Avenue, making a left turn movement to get to the freeway, is stacking and is requiring more than one signal light to unload. He added that this is a very busy corner with lots of activity at peak hours of the day. Chair Pro Tern Parks expressed his concern with the location of the drive up window and trash containers which could contribute to traffic flow concerns. He added that he did not like the location of the trash containers. W. Benedict replied that there will not be trash containers, but rather a trash enclosure, made out of the same material as the building, built as part of the building, and it will not be an eyesore. Commissioner Campbell- Sudduth asked if there had been a traffic study done in this area. Mr. Benedict replied that there is no traffic study accompanying this application but acknowledges that while this area is busy, this new building will not create a substantial increase to traffic. It will be a good addition to the community and a product that the City will be proud of. Mr. Ziad Zahran, 1500 20 Avenue NW, New Brighton, stated that he will be the owner of the property. He is excited to be a part of the community and is flexible and willing to work with the community. He added that traffic is a critical issue and the points made about 70 and Brooklyn Boulevard are valid. He has looked at this area for his business for over three years and is excited about this location. He feels that Culver's has enough parking and he doesn't see a problem. However, when • 4 -29 -10 Page 2 . he exits the shopping center, sometimes it is difficult to get out onto 69` Avenue. He stated his reasons for putting the drive up window on the side instead of the back of the building is so that cars can be properly stacked during peak hours and he is attempting the best utilization of the plan to allow for leasing out additional spaces to other tenants. Mr. Zahran stated that he anticipates three stores and one restaurant will occupy the building. Commissioner Leino stated that the Commission is not in a position to micro manage what restaurant goes on the site but feels this is a huge opportunity for this corner of the city to complete development. He feels that the traffic issues are minor compared to some other locations in the city. He added that putting the drive up on the north end, makes a better flow to exit off the site from the drive up area. Commissioner Morgan stated that many communities would love to have an area in their city that is so busy that there might be traffic issues. He added that traffic issues will work themselves out. Commissioner Leino asked about the anticipated construction schedule. Mr. Benedict responded that if they receive all necessary approvals from the Planning Commission and City Council, they expect to break ground by June 1, 2010 and construction will take about four months. No other persons from the public appeared before the Commission during the public hearing on Application No. 2010 -007. CLOSE PUBLIC HEARING • There was a motion by Commissioner I-eino, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2010 -007 at 8:23 p.m. The motion passed unanimously. The Chair Pro Tern called for further discussion or questions from the Commissioners. Mr. Eitel noted the site plan has identified the location of a freestanding business sign that is not allowed by the PUD agreement. The PUD approval allowed two freestanding signs on the two lots fronting Brooklyn Boulevard and two identification signs for the overall PUD. A Boulevard market sign is located within the 69` landscaped node; however, the second sign was not constructed within the 70` Avenue landscaped node. He also added that he wanted the Commission to be aware that staff is reviewing the sign ordinance relative to promotional sales events, grand openings, etc. and will be discussing with the businesses in shopping centers an effective means to advertise, without the use of portable signs. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF RESOLUTION No. 2010 -04 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to approve Planning Commission Resolution No. 2010 -04 regarding the recommended disposition of Planning Commission Application No. 2010 -007, submitted by Vanguard Construction, Inc. for PUD Amendment and Site & Building plan approval. 4 -29 -10 Page 3 Voting in favor: Chair Pro Tern Parks, Commissioners Campbell- Sudduth, Kuykendall, Leino, and • Morgan. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Resolution No. 2010 -04 is made part of these minutes by attachment. The Council will consider the application at its May 10, 2010 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEMS Review of Section 35 -800 Administrative Use Permits — Outdoor Sales Markets for Minnesota Grown Produce, Fruits, Plants Flowers, and Herbs Mr. Eitel explained to the Commission that he has been approached about the possibility of allowing a Farmer's Market to be operated in the city at the Sun Foods Location (63 and Brooklyn Boulevard), as well as two other locations. This process would require an amendment to Chapter 35 of the City Ordinances that would include a definition to allow the sale of garden merchandise and produce under the Administrative Land Use permit process. This would be similar to permits issued for seasonal garden centers. There was discussion among the Commission regarding what types of products would be allowed within the scope of a Farmer's Market and how to define proper language to specifically describe those • products without excluding such products as honey, dairy and meats. Suggestions were made by the Commission to incorporate language that would include produce, fruits, plants, flowers, herbs and other farm products. The Commission also discussed incorporating language in the ordinance to allow an outdoor Farmer's Market on vacant commercial land, which is not currently allowed. Mr. Eitel responded that he will consult with the City Attorney for proper language and report back to the Commission. There was also a brief discussion about the Bass Lake Road and 57 Avenue Trail Connections incorporating a connection from the Shingle Creek Regional Trail, Twin Lakes Regional Trail and the Mississippi Regional Trail along the 57 Avenue Corridor, possible future improvements to Brooklyn Boulevard and a planning study being proposed to the 53 Avenue corridor to Humboldt Avenue. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Campbell- Sudduth, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:45 p.m. 4 -29 -10 Page 4 • Chair Recorded and transcribed by: Rebecca Crass • 4 -29 -10 Page 5 Application Filed on 4 -1- Pp 10 City Council Action Should Be • Taken By 5 -30 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -007 Applicant: Vanguard Construction Location: 6940 Brooklyn Boulevard (Lot 1, Block 1, Johnco Addition) Vacant Lot within the Boulevard Market PUD) Request: Planned Unit Development Amendment and SIte and Building Plan Review The applicant, Vanguard Construction, is seeking a Planned Unit Development Amendment to construct a 6,757 sq. ft. multi -tenant retail/commercial building on a 38,707 sq. ft. lot within the Boulevard Market commercial PUD located in the northeast quadrant of the intersection of Brooklyn Boulevard and 69 Avenue. BACKGROUND INFORMATION On June 1, 2002, the City Council adopted Resolution No. 2002 -75, accepting the Planning Commission's recommendation to approve the rezoning of 5.6 acres from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 (Commerce). The general development plan 1 of this PUD included the • P P panned development of four commercial/retail buildings comprising a total of 34,228 sq. ft. as follows: Lot 1 — Conceptual approval of a 3,960 sq. ft. building (SA Service Station with car wash) with 12 parking stalls Lot 2 — 4,230 sq. ft. restaurant, retail, office building with 46 parking stalls Lot 3 — 21, 500 sq. ft. multi -tenant commercial building with 134 parking stalls Lot 4 — 4,538 sq. ft. Culver's Restaurant with 39 parking stalls On August 26, 2002, the City Council adopted Resolution No. 2002 -111, which accepted the Planning Commission's recommendation on a PUD amendment to allow the construction of a revised layout for a Super America convenience store /gas station/car wash on Lot 1. The revised layout included a 3,958 sq. ft. building with 16 parking stalls and located the car wash on the north side of the convenience store. Additionally, two curb cuts were provided from the internal access drive. 4 -29 -10 Page 1 • ZONING As noted, the property was zoned PUD /C -2 in 2002 with the adoption of Ordinance No. 2002 -07. Attached is the Declaration of Covenants and Restrictions associated with this PUD. The PUD ordinance requires the site and building plan approvals are required and that these plans shall be in substantial compliance with the approved development plan. Substantial compliance is defined as: Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. It also provides for the processing of minor and major amendments to the approved master development plan. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An • amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved b the Planning Commission after such Y g PP Y notice and hearing as may be deemed appropriate by the Planning Commission. This plan amendment involves the reorientation and enlargement of the total commercial square footage by 7.4% and is consequently considered a major plan amendment. PROPOSED SITE AND BUILDING PLAN The proposed amendment provides for the re- orientation of the building to face Brooklyn Boulevard with an enlarged foot print (112 ft. X 60 ft.) vs. the (100 ft. X 45 ft.). This location respects the sight lines and the general visibility of the larger commercial building on Lot 3. Additionally, the plan proposes to remove two of the three curb cuts on the internal access drive which adjoins the SA site. The additional 12 ft. width and 15 ft. in depth allows the developer the potential to offer five tenant bays and continues to provide a drive up window for a potential restaurant (illustrated as an 1800 sq. ft. tenant space on the north side of the building Additionally, p proposes the lan to remove two of the three curb cuts on the internal access drive, changed the number of potential store fronts from four to five and revised the roof lines to match • 4 -29 -10 Page 2 the commercial building on Lot 3. • The architectural treatment of the building includes a decorative rockface concrete block along the base (lower 3 ft.) of the building, a pre -cast concrete sill with face brick extending to a height of 12 ft. The remaining 6 ft. is EIFS with a colored band to offset the brick. The end cap units have a roof line which extends an additional 32 inches with a decorative EIFS cornice and a prefinished aluminum cap. An additional architectural feature identified on the building elevations are piers with decorative /accenting lights that complement the elevated roof lines and window placements on the front and sides of the building. The applicant proposes the same architectural treatment on all four sides of the building. COMPLIANCE WITH ORDINANCE Building Setbacks Ordinance Proposed Front Yard 35 ft. 35 ft. East 10 ft. 14 ft. South 10 ft. 65ft. West 10 ft. 75 ft. Parking Setback Ordinance Proposed • North 15 ft. 15 ft. East 10 ft. * 2.7 ft. /7 ft. to curb South 10 ft. * 5 ft. to curb West 10 ft. * 5 ft. to curb *PUD adjusted Parking Stalls 5.5 per 1,000 sq. ft. 37 stalls 46 UTILITIES The proposed grading and utility plan is consistent with the approved utility plan, with the exception of minor adjustments to the location of two catch basins within the parking lot. Sanitary sewer and municipal water are provided from the existing stubs that were installed with the initial site development. (Centered portion of the east lot line.) LANDSCAPE PLAN The landscape plan provides for the planting of three Red Splendor decorative trees along the southern boulevard consistent with the approved landscape plan. The plan shows the five existing Spruce trees to remain within the 70 boulevard area (previously shown to include two 4 -29 -10 • Page 3 . Autumn Blaze Ash trees) and now includes foundation plantings on the sides and rear facing of the buildings, the SW corner of the lot and northern entry. The western boulevard to the internal access road is shown as a green strip. All areas are shown to be included in a site irrigation system. The developer has proposed to donate the two Autumn Blaze Ash trees to the City. ACCESS The site plan proposes the elimination of the two curb cuts that were shown on the southern portion of the lot and the enlargement of the northern most curb cut (previously an exit only for the drive up window) to a full movement access point. Preliminary reviewed by the City Engineer of the site plan has included concern on the location of this driveway and its proximity to 70 Avenue. It is recommended that the access drive is shifted to the south by approximately 30 ft. (i.e. the opening to displace the northern four parking stalls and relocation of a light pole). Additionally, there is concern on the turning radius of the drive thru lane as it rounds the NE corner of the building. The applicant is requested to demonstrate that this movement is workable with traffic /vehicular turning templates. • LIGHTING /TRASH The site plan illustrates the location of four 30 ft. light poles and the building elevation identifies the use of decorative light fixtures to ascent the building front and sides. The plan identifies the location of the trash enclosure adjoining the southeast wall of the building. The applicant will be required to submit details on the lighting and the trash enclosure to assure compliance with the PUD plans and city codes. SIGNAGE The PUD approval included two freestanding development signs to be incorporated in the corner landscape areas at 69 and 70 Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and Super America to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. There is a development sign within the landscape node at 69 Avenue which identifies Brooklyn Market. It does not appear that a sign has been installed at the 70 Avenue node. The proposed wall mounted signage areas identified on the building elevation provides for approximately 10 percent of the wall area per tenant area for business identification. The sign ordinance limits wall mounted signs not to exceed 15percent of the wall area on each of its exterior walls. i 4 -29 -10 Page 4 The applicant has been informed that the freestanding sign identified in the southwest corner of • the site is not allowed. With respect to site signage, staff will be discussing signage issues associated with temporary and portable signage that has previously been allowed by an Administrative Use Permit. This review will provide an opportunity to review the potential options to address business signage and identification of promotional activities and events. RECOMMENDATION This proposal is an amendment to the Planned Unit Development approval granted for the entire Westbrook Development site (Boulevard Market). As a Planned Unit Development amendment, the proposal is required to follow the procedures required for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent and a notice has also been published in the Brooklyn Sun/Post. The plan is consistent with the architectural themes, landscaping, and parking standards approved with the Westbrook Planned Unit Development proposal and developed as the Boulevard Market. A draft Planning Commission resolution is offered for the Commission's consideration. This resolution outlines the Commission's consideration of this matter and also recommended considerations and conditions for approval. • 4 -29 -10 Page 5 • MEMORANDUM DATE: April 29, 2010 TO: Gary Eitel, Business and Development Director FROM: Steve Lillehaug, Public Works Director /City Engineer SUBJECT: Site Plan Review — Boulevard Market, 6940 Brooklyn Boulevard Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Brooklyn Center Retail Development: Building plans dated March 28, 2010 • Site plans dated March 26, 2010 Subject to staff approval, the site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions below: 1. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 2. All plan sheets must be certified by a Minnesota licensed engineer for the type of work being certified (e.g. site and utility plans must be certified by a civil engineer). 3. Final civil plans are subject to review and approval by the City Engineer prior to the issuance of permits. , 4. A lighting plan with photometrics must be submitted. 5. Plan approval is exclusive of all permanent traffic signage requirements that are subject to Chapter 34 of the City Ordinances. 6. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 7. Upon project completion, the applicant must submit an as built survey of the property, improvements and utility service lines and structures prior to release of the performance guarantee. 8. Pedestrian routes and connections to and from the building and the site are poor and generally non - existent. Applicant must revise plans to address this issue. 9. Plans must be developed from of a certified survey and included with the plan set. As- P Y built plans were not received for the area development and remain outstanding. Boulevard Market, 6940 Brooklyn Blvd. Page 2 of 2 Site Plan Memo, April 29, 2010 • Sheet C -1 10. Show internal vehicle turning movement layouts for the drive -thru. It is anticipated there may be issues with the turning movements pertaining to the 90 degree corner and the approach to the drive -thm window location. 11. Align the site access along the westerly driveway with the northerly access to Super America. This will provide better stacking/storage area within the external driveway that is needed at the intersection with 70' Avenue. 12. B612 curb and gutter must be provided around all driving and parking areas. 13. The applicant must provide temporary on -site traffic control signs as deemed appropriate and necessary by the City Engineer. All traffic control must be in accordance with the MMUTCD standards. Sheet C -2 14. Sanitary sewer and water service locations and connections must be verified prior to construction. 15. The site must meet the current watershed commission storm water and infiltration standards. Provide drainage calculations demonstrating these standards are met. • 16. The property owner must enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 17. The applicant must obtain an NPDES permit from the MPCA. 18. Plans must include a Storm Water Pollution Protection Plan ( SWPPP) subject to approval by the City Engineer. If an MPCA NPDES permit is not be required, the SWPPP must still meet and include all standard NPDES requirements and prescriptions, regardless. Sheet L -1 19. An underground irrigation system must be installed in all landscaped areas to facilitate site maintenance. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final site plans may require additional modifications based on engineering requirements associated with final design of the water system, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final plans. Other guarantees and site development conditions such as site plan as -built drawings, site performance agreement, financial guarantee, etc. will be prescribed prior to the issuance of permits. G:\Engineering\Developmenl & Planning\ACTTVE Development Projects\Boulevard Market - 2010 \100429_Site Plan Review Memo.doc Lot 17, -Rik 2 outh x42'00 "E 697 - ('`� I 16717 ` - 8'R > N I N `. 171 "' 20'R t 1 3•R c �-.w : • 60 6 G ' 1 7x' += 12'R - , F- 3 . c. t_5 4 aR 'R .R 3•R 14 I CO I I I 16 - I , 1 ( I I VAN ACCESSIBLE T I 1 HANDICAP SIGN 1 I _ PEDESTRIAN CURB RAMP 'i g I I ° 1 -- �. � 21 I IN •� � 1 Q) - Z 24' 1 4" CONCRETE � I I SIDEWALK I � 5 u �1 • R I \. 2.5'R 5'R 1 I IITUMIN PAVEM N TRASH ENCLOSURE 1 I I ( p N Ch I ;f• I 5'R y ep r. 9 3'R 5'R II . q ►� ., t I MONUMENT SIGN 16 — --- -- ..$ IITE DAT:', SITE AREA 38,707* S.F., .:0.89. ACRES 3UILDING AREA: j 6,757 S.F. TO L NUMBER OF. PARKING ;+ LLS FIBER 46 t L NUMBER OF PARKING �5 fle= r.: STALLS REQUIRED: 37 5.5 PER 1000 SO. FT. GSF NUMD "R OF HANDICAP STAL.I.S PROVIDED: 2 NUMBER OF HANDICAP c-rAI / c ori.iiinrn. I 0 I 0 I o ` I a o / I N O Z7 t � 1 A j I BROOKLYN CENTER RETAIL DEVELOPMENT SUAL snr► rO01fL!t W{NgAS t 7ON AVWUC HMN SITE PLAN N -O N O O O IT IQ m IQ 3 m rF rF O rf r m v m c m 0 3 m r+ W �1N �Y+.1M��r�rM awl uI DESIGN iyr.. rw a rro r ..yirr rr► N -O N O O O IT IQ m IQ 3 m rF rF O rf r m v m c m 0 3 m r+ W Attachment Four r 2002 Approved PUD Developm4DPlan BROOKLM 70th Awom North —' — CRN oP.r.o..r... RETAIL ...... ......... :.� . . �_ _' _' -- , •sue+ - - -- = - w_ IU - �i CITT fir: i r BROOKL i I I j �� };;;1•; 1° YN a1•s t 1. 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I : Mwrwrr r.rle L w n �� mrt s r•twwrr ww/w r.w • ver• wo "M •MO.IS j — — err s wma owls wa L r.•./ B.L• TO w SWOM ■- • .• wR \ \ _ ..w :• la i ru-a 0~1.- l"rL e- w .Mp w r 1 •® •so n w Mwrw • P \ `• `• \ �— ':::.7.:::^:'.::.�::.:... . - ///IM MrwO r. r •rAV• R' LL As At M Y.� \ \ \\ �` ♦ t Y' : '.:�.•:'' :':.':. • ::I �.'. .' wIr.MIL •••1 ••• i �•� MI —i r veal 1 M/ GO/R am .r/ Yr1N / I.!® to .r1 Iwr.R V ` -- • :: • • • • _ — MIL AIft l rM/- r,RrM mRl/R eA M LIfIR weM.r • .R. / r NL/Q ILw WT CM VQA li aP- O-1 • K �' r/.wln OIIwI1 ..ra wsrr/ - Ir Be !.Q ra tort ) BUYS ME o/ s.et no • • . ASSOCIAT 1"00 1"00 ES Y..,11 LOW •rr/,w •r-r A w M M •r- M .. Mr.•r r. '\ \, •\ 4, raKrl nu a..wr/wI // rr.R M •.eI !. • A. I wr R•.I rrM \ — -- �— -- — ... ® .PR .vnors Q Pr M/ •rwa over r Ca Rd Na 00) L..w 0=1 w r•rL rR. ... war r .. 88th A North (FAY Lwrw.R nr.r • orrwrwr t,w ,. . w -- • - -. aeoar/ eLll'rn a•i•a ftf. .Pas m_ 4 -- rR \`— -- —" 0!••7MMOR -- -- vets Pull - - - - -- f .wwP.•K -LIK LUUL Kevlsea Development rldn — JM JIM A((ac(uuCut .uu[CCu �. KK • uam \ •.. • • �R RLi. r 1 . A / .E• C.) 'SA SUP(RNERICA' LOGO DElAil t � :,• ti's � ~�1�.. \r � ws :Eiw�td S''1'x'3'S � ' - •, w x ... ^ Vii. k � I .• - s J i «� I r 3 1 a I 1 18.12 SD. [1. PRIE('I.D. GLIPDSI SIG D :. _ v � s .— w•r— � �i� Ill •rR r _ _.. I -o- I \ - _ a j A : peedy Was I •r t .r. -. s . •wr.. x� . I .ii u. rr. ru .6.n •. ri. rrwn i • n. ••ru UPERAMERIE BUILDING SIGN CIEY•II°/ 'E' all w_ rrara�tayN[ 1 r W •�'=�' .r r -�__ ' rte: ._ — Yw•1• Y1wr;lr r — � H•aP BARD n[rIDN - B - ii~+ .. ".:�'v -,-T • uT� 11w' 9wlw ww .xw. � •' r ' w tl x CAW VT SIRIP111G MINI _ BUIIDUIG [NINANCE Il[V!I IM '/' • — �' '' a 70th Avenue North �- _ ' N89 42'00 "£ 69719 .. ... .:. 167. - - --- n.r: .. i �. ---200.15--- . _ $ 150 i5 :ow , lies � •_ Ir "14 I - r i 9 .. cwstsucnw u.n I - 1p , _ o .1' I i.KY[n[a 24'1 n.ln [Mao9Aa I: �F N `•` -� f 169.48 J!L ` t� s J n SITE PLAN NOTES: SITE DATA: SITE IMPROVEMENTS LEGEND: '' 'u e"'a"s'o"s ,u[ ro rru a fuaano .no/os SITE AREA 38,707 S.F., 0.89 ACRES ME a cuss. .ro�ous rofcKM f. Kra to W - Emlfa tfaw roR BUILDING AREA: 6,757 S.F. roxcl[t[ stoop .o.vc[M ro rsoroxo su.o+n TOTAL NUMBER OF PARKING - �� •..tu[M o. ua cac.a[ cos uA autt[s w+.cm ro STALLS PROVIDED: AB wncKn .,[. etn[. K f[wam n . rcn nrwsw Aar. TOTAL NUMBER OF K car PARKING nn toKKn 1 [u1s U •ounce Una (WI .. cc—m; at cuss . ama wrncn STALLS REOUIRED: 37 nw1KS 1YR lnwl INV(. rrvL (!) Iotlt fJ m'—ft . w 0 vts RR: Caa[ Cf . (WI-) ) s. aw sntr.A a tcn w«.n. NUMBER OF HANDICAP (( .p usnt rvrost W snug nt.. aao w.n [. cola .Duna frnu K Kn n K ro sot STALLS PROVIDED: 2 �• urwps c11am out N MR. NUMBER OF HANDICAP � S f..0 .os. snuff CoYRt won m cn'r a STALLS REQUIRED: 2 IN't-La cans twrt[saA sAA[+ms .no •Q�► $n L K KW1VL WSIto n1111f NYfoKf 1 1C an osu[S aa1 -oa n tn[ nta a slmarw aMnt l7 A aLL OSNC UartS MID MMOSrf MW ro K Kwr � � araa[ . iY 01M 1nYMnpIS MKKM. MIF[al6 f1Nff ro K AI no. 1 flat f1MIMfD fllYllnlYf MV[Y[M. C -1 SITE PLAN WAVE K 4w w Pw NDRTN ,Mat p z ' m».tn m us1YO 70th Avenue North M. f � _ - F NB9'42'00 E 69719 f f it 6717 a� - -- 7 sm 35 8 N ' .10 SGK[ ".. g a s W 1 F W >' 1 � .. 't D7 C1YMfC1 ro uKnw Ip. Ix LJ W GRADING NOTES: LEGEND: m =i ,. slsn•[rc! m rssYr KKxYM1 u[wrrxs twa ro strt, .... hmYa toxlclw Kress a ea.sls,cicY. _ rtYlosm canoe, YY11KlYq t.Krt '" sows rofu tres KS,i:i�'K Ktan. _ —.— [K!]YlY mm+w KK( �Ywr, -twwe [ �Yqppppp �(.�[ IDt. falllKl'11Y1Y4 ro K lora(uto .P KmY.(Ya,Or a K [[ORO.iGI 11[fORI. M[.f lq 0. cUK ]. Sll N01 tntM[ M WY31lK'110M ]nW K [tW]m � 0Yn[! IIK S As�`OC� Kr -sK r o .¢cuo[o Y( !ut tro rswYrt. _ _4�_ Deese omo( cm K rmna c[YU y wwK .iKO. �` oorY n1.o.sos 1 DDS s. cwt[ m.na t.a ro tK pan K caYl„IUt„s.. � ,Yn .sl,[tYlY..t1, rn. onw t. m1nlrct 6 KS TuK t ro! oPY, m s°fa,Y�•s �.[nYOtuK s1,n, s11ts1oR wa Kw �. [YtsK.cr 11oao saunxo K I/lIIC •� �<.� /. OWIMCIY! O KY01rllL 1011 M KYDYK ! 0@ wYY K n . � a t1c uelns fnu — Iaa fsnn.YOUS s1w( sn (f11 p[ncs st u [MI Nb1 nu111Elm [011 SAfYINI mKS. t[CY Pn1a K YS[C ON �1111,n01R [OCL A1011 ro p,[nx6. W10N [s6nws M,1 iut[ ! -]t -n EROSION CONTROL FENCE K.1[ • K ! taYllccfa s1YU .loton .nwa slormrs . srl,cns,es fiMMCt01 • 10019K[ m! K K su rsaY 1w.los •acoum wn1 1a coYSrllc,w .ctYmo ! s]s 1a nK, f]snso. rctasnt sass K ![volensc M rL lc,Y:ces ro rlo�tlm ! SnNtiYI,F3 TNT O " n r; Ksut o s s,a sulr�c[ MKO1YO (nj t1 ,us KOw[cto.s. O w r0' W GRADING AND UTILITY PLAN �Mmw N10RM C -2 a,cn a • • S. P UNTING NOTES* 70th Avenue North � �•--- �- �- ���� "R- IV89'42'00 1 697.2.9 rno 167. f sm - �.. -- .. -- 700. 1. i .. -� '. ..: -:... _. - ��R,".o °.`., ru sa e'.". ro — / i .. ._,' - -- I - • - "s / -� ise, ( �Y . , , f ��� a y ,] -OI 1 �c R � m WYO��e�"t�. f"}. � S � . i. . I Rr,PN rtrW i AM r � M s0 VnL M1Y .�[m9R[ . .. _ � ... rM/oY.O NNY w W..00 Mai[ R NUK• Y' R Rfwyr Aa" ."Nf . Y.IwR,s. j: W �[ � K w[� W1 N y y r LANDSC APE SCHEDULE O ° € IL ZL ,/ M � r /u.l"e, R.,I ♦f11 ,.,• Y/ /1we" 1". R Z _ fl li Ira.IM VnwY:R"'MU,n M.i rw,.f/,tr z • OZ 3 .. _� � _ f w � R, R• M., mM. A1l YIP J- V N89'12'00 E 175.71 _. __.,. - F �.: -_ -_ „ v o �w[ s� ,��, u• M. cn.c xS,t plP X ,� ' ' { ] p ', L aC.rIM Ju"Ial m M U' W, LL"f. rum Mrr.r wfi" ls.r"' rne� — RRR �III.Sy�yR RMaR •rws.L '4,R,�un• w YR mw , -a/ -oa ^fIMIUR 91AMR10 OEiAR R E rLAl11RR! � AI �^ � .o/ w. mmi w .w a LANDSCAPE PLAN '°" K a Flu NOM ,K p 1 2 3 4 5 7 8 1 - 1 ----------------- 8 Sk 0 E8 -- GE) ® i I ` F , , :r. js ci) x x A lf- e j m oo cr r (I I I ; II II I cr t 0 Li 1f Z , I C J& 0 — — — — — -- — — — — — - 417 J L WALL TYPES ------------------- =U=.7 & D DET A-100 3 • S • 1 2 3 4 5 6 7 8 a rq•+p .Ww, V 9�`!6 - �I r• - i. eew� r,.rr � W o wew co+c. ama „eew..re.e.w. .an�.uranwreF ,��t� r` — t ii QA B C D ls�t, MATERIAL LEGEND 1 Aj — •.w, Ww cew+u .Bea, FACE BRICK rr • �� .1T I [;r 250 - tpi.eTr rliiC.wrLK K . Mrw M.CCM IfI+T -I!N nreY.. tdc. new e.r E.IFB. ' CrvY ..ww C.,+Y Ywro + r+eo..urt •rwwvrt •+ rata n.rr..eru+nr nrs nrloe P�;4t eoe am., r r•e r•r :w, ow.„r er• �wn .+.er:.eu _ - - -- � ? ...n •weraoae - �a� � .0 ..vi r co+� ..�. � w...•n � a i.e u., •.or•.a. - -- - -- ��. L o wecw rvc w •ai aoo. m,r.r+r . rwH a ►Nr ' - -- Q�pQ' .n ee c aeu CONCRETE MOCK Q -n.0 • ` r ' ° u•O6 wwe r..w.nuew mu eaN a+aw raN NORTH ELEVATION +, wu.+rm coc o.+uur J oec. raaw+ �, oewi. eo�ren w•.ae Q z _ DRIVE i } a De ea w:, weae+w aaor .ww aorn weas.w r r � � D C B A • ► ,, PRECAST. CONC. &ILL BLOCK •ui aurae .0 aoae, w aoor ..aei+ w., r.ro.e.I noe ••• r.0 aeiw row •u o.e W F ++ N Rum CANVAS Ad"041a& Z r ,, W $ ..,.e .�. . ,. ["+ +a. :'�o�] Ww. �ew.� .+.r. •Bee riele.•i. eewc rew e.w J 7 W C.wvY Ywre 1 uwY Ywrq , r.0 ewoc ' F'REFMI&HED ALII,IMJrI - • PARAPET CAP __- E � � W _ rare r.+nr.cnww mtaw c HOLLOW METAL DOOR+FRAM r DOWH&PMTfi () W r,eluHto <•u caa• �Yn YRww.n�urr.Y+nr Q' ~ iCYYi COrG. aos WNDOW FRAME& m W - wet rrrur.C.usw Collet .MS. r� 4Y1wr CUM Yi.l NrM row we+ MM •eLl•WrCLCY•e[•nral l0 iC +rIOPYwW1• ExrERIOR LIGHTWG SIDE 3 to •i _ �e+i•s: MOOL - i..ow I .er. w.c, +e.aw Q Q Q i:uur. w r�+s.w B 7 Em EAST ELEVATI N REAR I .wv.t.ur+w.w..•i w wa • wan m.ow + Wa.orsrt euw - uea, e•n mum � i. eon rww v mute row w r-a -e �� r.n eYac rtaua Cer+C •u. - -- - weaa.e• rcr� aw• u�e.rr roi ert�int rowan • .e•rree c+[mu n a+ r +w suer • ' .' A -200 C A A DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of YA06 (/& ' , 2002, by Johnco LLC, a Minnesota limited liability company (hereinafter the "Declarant "); WHEREAS, Declarant is the owner of the real property described as Lots 1, 2, 3 and 4, Block 1, Johnco Addition, Hennepin County, Minnesota (hereinafter the "Subject Property'; and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions • imposed by the City of Brooklyn Center, Minnesota ( "City") in connection with the rezoning of the Subject Property from the zoning classifications C -2 (Commerce) and R -1 (One Family Residential) to PUD /C -2 as provided in City Resolution No. 2002 -75 adopted on June 10, 2002; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 34,228 square foot, four building, mixed use commercial/retail development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property, and that but for the details of the development proposed and the unique land . CLL- 217587v2 1. BR291 -228 • use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration "); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to all of the • following: • All conditions of approval specified by the City Council in Resolution No. 2002 -75 adopted on June 10, 2002, attached as Attachment One; • Final plat, attached as Attachment Two; 0 Title Sheet, attached as Attachment Three, • Site Plan, attached as Attachment Four; 0 Grading, Drainage and Erosion Control Plan, attached as Attachment Five; • Utility Plan, attached as Attachment Six; • Landscape Plan, attached as Attachment Seven; • Planting Notes and Details, attached as Attachment Eight; • Comer Enlargements and Details, attached as Attachment Nine; . • Culver's Exterior Elevations, attached as Attachment Ten; • East Building Exterior Elevations, attached as Attachment Eleven; CLL- 21758M 2 BR291 -228 • North Building Exterior Elevation, attached as Attachment Twelve; • Lighting Plan, attached as Attachment Thirteen 2. No buildings or structures other than those shown on Attachments One through Thirteen may be erected or maintained on the Subject Property. 3. Lot 1, Block 1, Johnco Addition may be used for a convenience storelgasoline station/car wash. Use and development of this lot will require site plan approval and an amendment to the planned unit development for the Subject Property. No buildings or structures other than those shown on the amended planned unit development plan and site plan on file with the City Planner of the City of Brooklyn Center may be constructed or maintained and the use and development of said lot shall conform to said plans and to the terms of this Declaration. • 4. The approval of the PUD authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property. A. An encroachment of between 5.5 feet and 24 feet into the 35 foot buffer area as shown on Attachment Four is authorized. - B. A green strip of less than 15 feet along Brooklyn Boulevard and 70th Avenue North right of way as shown on Attachment Four is authorized. 5. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C -2 Districts. 6. Parking requirements for all uses on all lots on the Subject Property are met by on the Subject Pro in common. Owners talon into account all arkin aces on all of the lots � Property g parking spaces of all lots on the Subject Property will maintain such easements and covenants for access and . CLL -2175 M 3 BR291 -228 • parking as are needed to assure that all parking shown on all approved site plans of lots on the Subject Property may be used in common. No change in use of any of the lots on the Subject Property will be permitted that causes a deficiency in parking spaces required by Brooklyn Center City Code, taking into account parking spaces for all uses and all parking spaces on all lots on the Subject Property. 7. The Subject Property may be developed and used only in accordance with paragraphs 1 through 7 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development- Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. . 8. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT cLL- 217587v2 4 BR291 -228 TARA L L ANDRY 1 �] Notary Public STATE OF 1 1 4 r 0 kAnn � �' 2*X ) ss COUNTY OF L) i A r� The foregoing instrument was executed this �� day of 2000, by J !,n �Ie- IS2 n , a chief manager of Johnco LLC, a Minnesota limi liability company, on behalf of the limited liability company. N Public Q ' lJ'D 0 6 • CLL- 217587v2 5 BR291 -228 APPROVED BY THE CITY OF BROOKLYN CENTER BY Its M By Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this J �t day of 2002, a Kra ess and Michael McCauley, e Mayor and Manager, re ectively,`bf the City of b M g sP Y Ym � Y� Y laws of Minnesota, d politic under the a, on behalf of the Brooklyn Center, a public body corporate an p City. • r SHARON L KNUTSON Notary Public NOTARY PUSUC- MINNESOTA NY Ca 4dm ExPim Jan. 31.2001 r � • CLL- 217587v2 H 8291 -228 Member Kay Layman introduced the following resolution and moved its adoption Attachment One RESOLUTION NO. 2002 -75 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 20026 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. WHEREAS, Planning Commission Application No. 2002 -006 submitted by Westbrook Development, Inc. proposes rezoning from C -2 (Commerce) and R-1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69' Avenue North and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 34,228 sq. ft., four building mixed use co development on the above mentioned site. Said development proposal includes a 3,960 sq. ft. Super America convenience store/gas station/car wash on the proposed Lot 1;'a 4,230 sq. ft. restaurant, retail or office building on the proposed Lot 2; a 21,500 sq. ft. multi- tenant commercial building on the proposed Lot 3; and a 4,538 sq. ft. Culver's Restaurant on the proposed Lot 4; and WHEREAS, the P lannin Commission held a duly called public hearing on May 30, 2002, when a staff report and public testimony regarding the rezoning and site and building plan were received; and • WHEREAS, the Planning Commission recommended approval of Applicatiou.No. 2002 -006 by adopting Planning Commission Resolution No. 2002 -02 on May 30, 2002; and City Council considered A lication No. 2002 -006 at its June WHEREAS, THE ty PP 10, 2002 meeting; and -WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning s contained in Sec Unit Development ' 2 s Zoning Ordinance the provisions of the Planned . twn 35 08 of the C' P uY � � P ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002 -006 submitted by Westbrook Development, Inc. be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land • in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as . well as those permitted on surrounding land. Attachment One RESOLUTION NO. 2002 -75 • 3. The utilization of the ro erty as proposed under this Planned Unit Development P P rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70` Avenue North rights of way in the location of a proposed convenience storelgas station/car wash, and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer. area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. - 6. In light of the above considerations, it is believed that the guidelines for evaluating re- zonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn approved subject to the following No. 2002 -006 be a g conditions and Center that Application PPre considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. sp aPP 2. Grading, draina .ge, utility subject to review ty and erosion control plans � 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 oncost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B-612 curb and tter shall be p rovided around all driving and parking � Areas. ' 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected a central monitoring ring device in accordance with Chapter 5 of the City Ordinances. RESOLUTION No. 2002 -75 Attachment One 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all si which • pp gnery hi h �s subject to Chapter 34 of the City Ordinances with the exception of freestanding signs authorized by Condition No. 18. 9. The applicant shall submit an as built survey' of the property, improvements and utility service lines prior to release of the perfo guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plans shall be modified to provide: a. Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi- tenant building and south of the 4,230 sq. ft. restaurant/retail building. b. A continuation of the decorative iron fence with masonry piers in the Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35 -712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall • conform to the City of Brooklyn Center standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. Trash pick up and thick deliveries on the east side of the multi- tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m, through 5:00 p.m. 15. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002 -007 has been given final approval by the City Council and filed with Hennepin. County. 16. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the is suanc e of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as all other conditions of approval. The agreement shall fiuther assure compliance with the development plans submitted with this application. 17. Approval of the PUD comprehends only conceptual approval of the Super America gas station/convenience store/car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The Attachment One RESOLUTIO.N N0. 2002 -75 • layout shall.be such that the car wash is not located adjacent to Brooklyn Boulevard. 18. PUD approval authorizes two freestanding development signs to be incorporated in the corner landscape nodes at 69th and 70th Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and SuperAmerica to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. 19. The applicant shall provide on site traffic control signs as deemed appropriate by the City Engineer. June 10, 2002 Date Mayor ATTEST: * City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay I.asman, Ed Nelson Bob Peppe, and Tim Ricker; and the following voted against the same: lone whereupon said resolution was declared duly passed and adopted. P yp . HTTcicn flei'ST I WO Final Plat • JOHNCO ADt?MOM R .T. DOC. No. - Ty T E RRA r .� 1 • ` • U R I t• V • -- - - --•— . . -ce.`. -J — ,.-------------------------"----- \------------ 7Gth Avenue North Irormerty Lane Streetl t \ w.fstre ..cs . w _ ! It Y . IZ • 3 c >It _\ � • e B1OQ ., ct 1 tt • ` o� e to �a w ., \\ \• ?'� 4 . �• �� L= T i . !" 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Jul 23 2002 6446 Flying Cloud Drive Scale Eden Prairie, MN 55344 as noted Phone: 952.941.0410 Revision - Date FAX: 952.941.4568 Lighting Plan vwvw.davlsassoclatestnc.com Davis & Associates, Inc. does not assume responsibility for the 3 of 3 • Interprethis calculation, or compliance to local or state lighting ordinances. City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. • 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -1 the City Council has established a rezoning evaluation policy and review guidelines. 2. Polic It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against- these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines • A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses "pirmitted•in the present zoning district, with . respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? • I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 Revised 3 -01 c. Accessory uses incidental to the foregoing principal uses when located on the sars property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off -street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a_ Upon rezoning for a PUD, the district shall be designated by the letters PUD' followed 060 the alphanumeric designation of the underlying zoning district which may be either the p zoning classification or a new classification. In cases of mix ed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications• for the various parts of the PUD. When it is not reasonably practicable to so. specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- NIIIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD- MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35-45 c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD -MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of"the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will contiiue this parking complementarity, or which are otherwise approved by the ��• Crty 35-46 Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City rdinances generally governing them. The City ouncil may, therefore, approve tY g Y g g tY Y PP streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5. Application and Review. . a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and.phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; '35-47 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35 -210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 3 5 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to !., PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the stan dards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its,approval as it may determine to be necessary to better accomplish the purposes of the PUD district d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 3 5-23 0 of this ordinance. In addition to the information specifically required by - . Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 35-48 -, The plan submitted for approval pursuant to Section 35 -230 shall be in substanti compliance with the approved development plan. Substantial compliance shall mean tha buildings, parking areas and roads are in essentially the same location ' as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on an site zoned PUD the developer sh all meat y all execute a development P agreement in a form satisfactory,to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. After approval e development r ro al of th to meat lan and the plan approval required b Section 5 -2 g P P n 3 30 P P P PP q Y , nothing shall be constructed on the site and no building permits shall be issued except in conformity with. the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of buildin permits no construction has commenced on the area approved for the PUD district, the Cith Council may initiate rezoning of the property. L Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures � g g P specified in this section. An amendment shall be considered major if it involves an char eater than that permitted b subdivision J Y a g� P Y 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 35-49 City Council Agenda Item No. 10a r COUNCIL ITEM MEMORANDUM DATE: 5/4/10 TO: Curt Bo ane City Manager g Y� Y g FROM: Jim Glasoe, CARS Director SUBJECT: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 24 THROUGH JUNE 26, 2010 Recommendation: It is recommended that the City Council consider approval /adoption of the attached resolution declaring Earle Brown Days as a civic event. Background: Each year, the City Council is asked to approve a resolution declaring Earle Brown Days as a civic event. This designation allows the Earle Brown Days to place signs around the community advertising the events. The approved resolution will be attached to an administrative land use permit application, pursuant to Section 35 -800 of the City Zoning Ordinance related to Administrative Permits. The Earle Brown Days Committee request will be for 4 structure on -site signs and 5 off -site signs on commercial or industrial locations. • Budget Issues: There are no budget issues to consider. Council Goals: Ifissian: Ensuring an attractive, clean, safe connnunity that enhances the qualilp of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 24 THROUGH JUNE 26, 2010 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the city, community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City- issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 24, 2010 through June 26, 2010. May10, 2010 , Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 10b, J COUNCIL ITEM MEMORANDUM DATE: 4 May 2010 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services or SUBJECT: Amendment of the 2010 General Fund and Utility ��erating Budgets Recommendation: It is recommended that the City Council consider adoption of two resolution amending the operating budgets for the General Fund and the Utility Funds for the 2010 fiscal year. Background: The State of Minnesota is facing a significant projected budgetary shortfall. One of the budget areas being restructured by the Legislature and the Governor is aid to local governments. Brooklyn Center is potentially affected by reductions in Local Government Aid (LGA) and reimbursement of Market Value Homestead Credit (MVHC) dollars. The current projection from the Legislature is that Brooklyn Center will lose $ 504,022 in MVHC reimbursements for 2010. Given the significance of this amount, staff has prepared an amendment to the General Fund • budget for 2010. Between the increase in some revenue budgets (charging sales tax, new recreation fees, and grant dollars) and reductions in expenditures (savings by leaving open staff positions vacant, reducing expenditures, reducing the contingency amount by $ 100,000 and transferring some personnel costs to the Utility Funds) the proposed revisions account for the entire $ 504,022 that the City expects to lose from State funding sources. Budget Issues: The operating budget for the General Fund will be reduced by $ 434,344 or 2.76% for 2010. The Water and Storm Water Funds will absorb some staffing costs, raising the Water Fund expenditures by $ 10,263 or 0.39% and the Sotrm Water Fund expenditures by $ 66,830 or 2.78 %. Council Goals: In developing the proposed budget amendment, all of the Strategic and Ongoing Goals of the City Council were considered. Afission. Ensuring an attractive, clean, safe conununity that enhances the duality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2010 GENERAL FUND BUDGET WHEREAS, the City Council of the City of Brooklyn Center, as is required by City Charter and State Statute, adopted a balanced annual operating budget for 2010 on December 14, 2009; and WHEREAS, changes in the expected distribution of State financial assistance to cities in 2010 will have a significant impact on the General Fund operating plans; and WHEREAS, the City wishes to rebalance the budget plan in light of the expected lower amount of State financial assistance to the City. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that revenues and appropriations for the General Fund for 2010 shall be amended to read as follows (changes in bold): Revenues and Other Sources General Fund Property Taxes $ 12,000,022 Sales Tax- Lodging Receipts $ 750,000 Licenses and Permits $ 710,937 Intergovernmental Revenue $ 1,139,587 Charges for Services $ 878,562 Fines and Forfeits $ 345,000 • Miscellaneous Revenue $ 165,470 Total General Fund Revenues ,989,578 Appropriations and Other Uses General Fund General Government $ 2,191,723 General Government Buildings $ 748,717 Public Safety $ 7,663,168 Public Works $ 2,940,341 CARS $ 1,446,761 Business & Development $ 446,274 Building & Community Standards $ 811,060 Convention and Tourism $ 356,250 Social Services $ 80,938 Risk Management $ 202,390 Central Services and Supplies $ 178,700 Reimbursement from Other Funds ($ 1,151,744) Transfer Out - Miscellaneous $ 75,000 Total General Fund Appropriations May 10, 2010 Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member O d upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2010 PUBLIC UTILITY FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget; and WHEREAS, the 2010 budget adopted by the City Council on December 14, 2009 must be modified to reflect changes in the budget plan occasioned by changes in the distribution of State financial assistance to cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for the Public Utility Fund Budgets for 2010 be amended to read as follows (changes in bold): Revenues and Other Sources Public Utility Funds Water Fund $ 2,068,227 Sewer Fund $ 3,308,497 Storm Sewer Fund $ 1,605,554 Street Lighting Fund $ 260,426 . Recycling Fund $ 284,242 Total Public Utility Funds $ 7.526.946 Appropriations and Other Uses Public Utility Funds Water Fund (w /o Depreciation) $ 2,622,593 Sewer Fund (w /o Depreciation) $ 4,048,759 Storm Sewer Fund (w /o Depreciation) $ 2,468,627 Street Lighting Fund (w /o Depreciation) $ 309,332 Recycling Fund (w /o Depreciation) $ 273,087 Total Public Utility Funds 9,722,398 May 10, 2010 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 10, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Gears Board Selection Process — City Manager PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. 6101 Beard -6037 Brooklyn Blvd Update — Police 2. Sister City Update— Curt 3. 57th and Logan Update 4. Strategic Outcome Reports 5. Prosecutor Services Contract 6. Community Schools Update • 7. 2011 Brooklyn Center Celebration Update 8. Neighborhood Designations 9. Junk and Inoperable Vehicles Update — Back Yard Parking 10. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January 11. Local Government Aid Policy 12. Brookdale Mall Update 13. Joslyn/City Property Remediation Update 14. Department Year End Reports 15. Active Living Program 16. RER — Howe Fertilizer Update 17. Garbage Hauler Report 18. Repeat Violators Policy — Delinquent Taxes, Utilities, Etc. 19. Bus Shelter Location Policy Work Session Agenda Item No. I MEMORANDUM -- COUNCIL WORK SESSION • DATE: May 5, 2010 TO: City Council FROM: Curt Boganey, City Manaoo SUBJECT: GEARS Board Recommendation: It is recommended that the City Council consider the proposed process for selection of members to serve on the GEARS Board and provide any feedback that you would like considered. Background: The Counties Transit Improvement Board(CTIB) and Grant Evaluation and Ranking System Board (GEARS) were established in 2008 to improve transit in the metropolitan region. These public bodies were established to administer the voter approved quarter percent sales tax. The law establishing these bodies did not delineate a process for seating members beyond the initial selection board members for GEARS. I have enclosed a communication from the current GEARS Board recommending a going process for the selection of future members. Each city has been asked comment on the proposed process by May 14 2010. Budget Issues: There are no budget issues to consider. Council Goals: Select not more than two. Strategic: 1. We will continue to maintain and upgrade City infrastructure improvements 2. We will respond to increased public awareness and interest in environmental sustainability and green community issues • diission: Ensuring an attractive, clean, safe conuruinity that enhances the quality of life and preserves the public trust Curt Boganey From: Laurie Jennings [laurie @metrocitiesmn.org] Sent: Wednesday, April 28, 2010 10:13 AM • To: Curt Boganey Subject: GEARS Selection Process Proposal DATE: April 28, 2010 TO: City Manager /Administrators in all cities that are within the Metropolitan Area Transit Sales Taxing district in Anoka, Ramsey, Hennepin, Washington and Dakota counties. FROM: GEARS Board This letter is being distributed to all cities that are within the Metropolitan Area Transit Sales Taxing district in Anoka, Ramsey, Hennepin, Washington and Dakota counties. We would greatly appreciate it if you would take the time to read this memo and share it with your Mayor and Council members. The GEARS Board is working to define the terms of its members and to formalize a process for the seating of members going forward. We would like any feedback on the proposal by May 14''. Thank you in advance for your consideration. Your GEARS Board Representatives Bill Hargis Ruth Grendahl Mayor of Woodbury and Chair of GEARS Councilmember, Apple Valley James Hovland Tim Howe Mayor of Edina Mayor of Coon Rapids Craig Klausing Steve Lampi Mayor of Roseville Mayor of Brooklyn Park Robert Lilligren Russ Stark Councilmember, Minneapolis Councilmember, St. Paul Please respond with any feedback to Todd Olson at Metro Cities. toddgmetrocitiesmn.org or 651.215.4003 (please see next page) 1 The Counties Transit Improvement Board (CTIB) and Grant Evaluation and Ranking System Board (GEARS) were established in 2008 to improve transit in the metropolitan region. Counties in the seven county metropolitan area were eligible for membership, predicated on the passage of a quarter percent sales tax, in the W wly established CTIB to make capital and operating grants. Five counties, Hennepin, Ramsey, Anoka, ashington and Dakota enacted the new sales tax which in turn made all cities within those counties eligible for one of eight city seats on the fifteen member GEARS Board. The role of the GEARS Board is to evaluate and rank grant applications based on criteria established by CTIB and to forward those recommendations to CTIB. In the authorizing statutory language, the process for establishing these boards was clearly delineated, n the process for seating members beyond the however, the law remained silent o p g period for the establishment Y p and initial selection of board members for GEARS. With the GEARS Board now in its second year, discussions are underway to establish terms of office and an ongoing selection process for GEARS Board members. The CTIB has already allocated the entirety of its forecasted quarter cent sales tax revenue through the year 2012. The initial structure was proposed as a half cent sales tax but was reduced by the Legislature. In light of the available resources, City GEARS members have begun asking practical questions about the future of the selection process. Is a Board tasked to rank grant requests with no money to spend for at least two years or more, likely to draw enough interest for another election, or would the Board be better served with a more ongoing workable alternative to ensure the Board retains engaged and interested members? An election p rocess also leaves unresolved the issue of replacing members who leave midterm or who are no longer an elected local official. Regarding the term of office issue, at a March meeting, the GEARS Board voted to establish and recommend to the CTIB Board two year terms for each member, staggered between the eight members so that four member terms expire each year. Four members will therefore have terms that expire December 31, 2010 and the remaining members have terms that expire December 31, 2011. At present, it is recommended the seats in Ramsey, Anoka and Washington counties expire on December 31, 2010 and the seats held by members in Hennepin and Dakota counties expire on December 31, 2011. The selection of these expiration dates for members in the counties named above are somewhat arbitrary, except it was determined Hennepin and Ramsey 0 n County seats should be on separate expiration schedules. The methodology of establishing a term of office for GEARS Board members will require incorporation into the CTIB bylaws. This process has already begun. The discussion has now shifted to the process for seating members. In the establishing statute, the Association of Metropolitan Municipalities (Metro Cities) was tasked with convening the election of GEARS city members. Discussion regarding the process to be used in the selection of future GEARS Board members prepared to has been held over the course of several GEARS Board meetings and the GEARS Board is now p p make a recommendation to CTIB regarding the process to be used to select future GEARS Board members. The city GEARS Board members accordingly support the establishment of the following process: (a) each county that is a CTIB member shall have at least one member as a city representative on the GEARS Board; (b) a Nominating Committee made up of the four GEARS members who are mid -term and an eligible city representative from each county whose term is expiring in that particular calendar year shall be convened after the November Y eneral election of each ear. City representatives on the Nominating Committee will not g be eligible for a GEARS Board seat; (c) the Nominating Committee will conduct interviews of GEARS Board applicants and thereafter forward its recommendations to the Metro Cities Board of Directors by the end of November of each calendar year; and (d) Metro Cities Board of Directors shall receive the recommendations of the Nominating Committee and formalize the appointments to the GEARS Board on or before the third Thursday of January of each calendar year. NOTE Membership in Metro Cities is not required in order to be eligible for appointment to the GEARS Board and the nominating process will not preclude cities that meet formally, as some do regularly, from making a recommendation to the Nominating Committee. This option has been presented to CTIB members informally and no objections have been raised. The GEARS Board is now seeking input from various participating cities before any formal action is taken by the GEARS Board to finalize its recommendations regarding the methodology for determining (a) the term of office; and (b) the seating /election of GEARS Board members to CTIB. We would appreciate any 2 comments tY may our city have regarding the proposed process described above by May 14, 2010. Please direct Y Y g g p p P any input to Todd Olson at Metro Cities, toddgmetrocitiesmn.org or 651.215.4003. Thank you for your time and consideration. Sincerely, Bill Hargis Ruth Grendahl Mayor of Woodbury and Chair of GEARS Councilmember, Apple Valley James Hovland Tim Howe Mayor of Edina Mayor of Coon Rapids Craig Klausing Steve Lampi Mayor of Roseville Mayor of Brooklyn Park Robert Lilligren Russ Stark Councilmember, Minneapolis Councilmember, St. Paul I • 3