HomeMy WebLinkAbout2008 07-28 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
July 28, 2008
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. Adj ourn
CITY COUNCIL MEETING
City of Brooklyn Center
July 28, 2008 AGENDA
1. Informal Open Forum With City Council 6:45 p.m.
provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation 7 p.m.
—Lonte Hill, Citadel of Hope Worship Center
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. Pled e of Alle iance
g g
6. Council Report
7. Approval of Agenda and Consent Agenda
—The following items axe 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. July 14, 2008 Joint Work Session with Financial Commission
2. July 14, 2008 Regulax Session
3. July 14, 2008 Work Session
b. Licenses
c. Approval of Application and Permit for Temporaxy On-Sale Liquor License
Submitted by Surly Brewing Company, 4811 Dusharme Drive, for an Event to be
Held September 6, 2008
d. Resolution Declaring a Public Nuisance and Ordering the Remova.� of Diseased
Trees
CITY COUNCIL AGENDA -2- July 28, 2Q08
8. Presentations/Proclamations/Recognitions/Donations
None
9. Public Hearings
None
10. Planning Commission Items
a. Planning Commission Application No. 2008-003 Submitted by The Luther
Company LLLP. Request for rezoning from C-2 (Commerce) to PUD/C-2
(Planned Unit Development/Commerce) and development plan approval through
the PUD process of three contiguous �ots located on the west side of Brooklyn
Boulevard between I-94 and 68�' Avenue for the redevelopment and expansion of
the existing Chevrolet site and a new Buick, Pontiac, GMC Dealership. The
Planning Commission recommended approval of this application at its July 17,
2008, meeting.
l. Resolution Regarding the Recommended Disposition of Planning
Commission Application No. 2008-003 Submitted by the Luther Company
LLLP
•Requested Council Action:
—Motion to adopt resolution.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Westerly of Brooklyn Boulevard
between I-94 and 68�' Avenue North)
•Requested Council Action:
—Motion to approve first reading and set second reading and public
hearing on August 25, 2008.
b. Planning Commission Application No. 2008-004 Submitted by The Luther
Company LLLP. Request for preliminary plat approval to combine and divide
four existing lots into two lots on the east side of Brooklyn Boulevard between I-
94 and 69�' Avenue for the creation of two new automobile dealerships. The
Planning Commission recommended approval of this application at its July 17,
2008, meeting
•Requested Council Action:
—Motion to approve Planning Commission Application No. 2008-004 as
recommended by the Planning Commission.
c. Planning Commission Application No. 2008-005 Submitted by the Luther
Company LLLP. Request for rezoning from C-2 (Commerce) and R-3 (Multiple
Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) and
development plan approval through the PUD process for two new automobile
dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between
I-94 and 69�' Avenue. The Planning Comrnission recommended approval of this
application at its July 17, 2008, meeting.
CITY COUNCIL AGENDA -3- July 28, 2008
1. Resolution Regarding the Recommended Disposition of Planning
Commission Application No. 2008-OS Submitted by the Luther Company
LLLP
•Requested Council Action:
—Motion to adopt resolution.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain land (4011 and 4101 69�' Avenue)
•Requested Council Action:
—Motion to approve first reading and set second reading and public
hearing on August 25, 2008.
11. Council Consideration Items
a. Resolution Adopting Building Capital Improvements and Financing for 2008 and
2009
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Approving the Proposed 2009 Operating Budgets for the Shingle
Creek and West Mississippi Watershed Management Commissions
•Requested Council Action:
—Motion to adopt resolution.
c. Approval of Joint Powers Agreement for the Service of Brooklyn Center Public
Safety Officers During the 2008 Republican National Convention
•Requested Council Action:
—Motion to approve Joint Powers Agreement.
i
12. Adjournment
Agenda Items Tabled
An Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the
Brooklyn Center City Charter
—This item was first read on February 25, 2008; published in the official newspaper
on March 6, 2008; and tabled at the March 24, 2008, meeting.
City Council Agenda Item No. 7a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
JULY 14, 2008
CITY HALL COUNCIL/COMMISSION CONFERENCE ROOM
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission
called to order by Mayor Tim Willson at 6:05 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor; Dan Ryan, and Mark
Yelich. Financial Commission Members present were: Chairperson Mark Nemec and
Commissioners Todd Boster and Rex Newman. Also present were: City Manager Curt Boganey,
Director of Fiscal Support Services Dan Jordet, and Carol Hamer, TimeSaver Off Site
Secretarial, Inc.
SUDGET OVERVIEW AND PROCESS REVIEW
Mr. Boganey provided background information regarding the return of levy limits. He explained
currently there is a levy limit of 3.9%. In addition, for the first time LGA is included as part of
the maximum levy increase, which results in the total levy being offset by the LGA increase
received.
Councilmember O'Connor arrived at 6:08 p.m.
Mr. Jordet provided an overview of the following budget calculatians:
Ci of Brookl Center Calculation of Limited Pro ert T� Using HF 3149 Rules.
tY Yn P Y
City of Brooklyn Center Calculation of Overall Property Tax Levy for Pay 2009,
Summer 2.009.
Mr. Jordet provided information on special levies and stated of the 22 special levies, the City
qualifies for five of them. He provided an overview of the following budget calculations.
City of Brooklyn Center Calculation of L'united Property Tax Using HF 3149 Rules,
reduced for the amount of police wages and benefits that are attributable to property ta.x
under the special levy.
City of Brooklyn Center Calculation of Overall Properiy Tax Levy for Pay 2009,
Summer 2009, reduced for the amount of police wages and benefits that are attributable
to property t� under the special levy.
There was discussion on the uncertainty of LGA funding for upcoming years. Mr. Boganey
explained in past yeaxs the City has not put all increases in LGA funding into the operating
07/ 14/08 -1- DR.AFT
budget; however, with a levy limit of 3.9% the budget will be more reliant on LGA for
operations unless staff is directed to cut back on services.
Mr. Jordet provided an overview of the following information on Local Government Aid:
Annual Local Government Aid (1999-2009).
Property Tax and Local Government Aid (1999-2009).
There was discussion on the purpose of LGA and fiscal disparities funding.
The City Council and the Financial Commission were provided with the City of Brooklyn Center
Proposed Strategic Goals 2008-201 Q and the City of Brooklyn Center Proposed Goals Program.
Mr. Boganey stated staff is proceeding with the budget on the basis that the goals adopted by
Council are the goals for the budget. Staff would like more in-depth discussion about the goals
and would like to ensure that there axe not other goals encompassed in the adopted goals that
should be focused on in the budget. Staff would also like feedback on the levy rate to develop the
budget within and whether to include specia.l levies in the budget.
It was noted that there is an accounta.bility advantage with special levies in that the taxpayers can
identify the purpose and where the money is going.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
CounciUFinancial Commission Joint Work Session at 6:45 p.m.
Motion passed unanimously.
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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
JULY 14, 2008
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 6:48 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Eng2neer
Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Mary Tietjen,
and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:48 p.m.
Motion passed unanimously.
2. INVOCATION
Mayor Willson requested a moment of silence and personal reflection as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer
Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Mary Tietjen,
and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
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5. PLEDGE OF ALLEGIANCE
ance was recited.
The Pledge of Allegi
6. COUNCIL REPORT
Councilmember Ryan stated he had nothing to report at this time.
Councilmember Lasman reported on attending the following events:
Earle Brown Days Events. She commended the committee for its hard work.
June 30th Comprehensive Plan meeting with City commissions. She encouraged public
input during the preparation of the Plan.
July l Oth Association for Responsible Management (ARM) Meeting.
Councilmember Yelich reported on attending the Carnival and Bazaar at the Imam Hussain
Islamic Center on Saturday, July 13th.
Councilmember O'Connor reported on attending the follo.wing events:
June 30th Comprehensive Plan meeting with City commissions.
Housing Commission meeting.
Earle Brown Days Committee meetings and Earle Brown Days events.
Town Meeting with Senator Scheid, Representa.tive Hilstrom, and Representative Nelson.
Riverwood Rain Garden Planting.
Organization of a children's pizza party and a children's baseball game.
League of Minnesota Cities Fiscal Futures meeting where she gave her suggestion to
solve the health care crisis.
Mayor Willson reported on attending the following events:
Brooklyn Youth Initiative.
July l Oth Visit Minneapolis North meeting followed by a late dinner meeting with Mayor
Lampi of Brooklyn Park.
Town Meeting with Senator Scheid, Representa.tive Hilstrom, and Representative Nelson.
The meeting was attended by the full City CounciL
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agenda and the following consent items were approved:
7a. APPROVAL OF MINUTES
1. June 23, 2008 Study Session
2. June 23, 2008 Regular Session
3. June 23, 2008 Work Session
4. June 30, 2008 2030 Comprehensive Plan Update w/ Commissions
l
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7b. LICENSES
AMUSEMENT DEVICES
American Amusement Arcades 2100 West 96�' Street, Bloomington
@AMF Eaxle Brown Lanes 6440 James Cir N
GARBAGE HAULERS
Aspen Waste Systems, Inc. 2951 Weeks Avenue SE,
Minneapolis
Farmers Union Industries LLC
dba Midwest Grease P.O. Box 26, Redwood Falls
T& L Sanitation Service P.O. Box 49695, Blaine
MECHANICAL
Sabre Plumbing Heating A/C 3062 Ranchview Ln N, Plymouth
Wencl Services, Inc. 8148 Pillsbury Ave S, Bloomington
RENTAL
INITIAL
3906 61 Ave N Lucky Igbinoba
6813 Humboldt Ave N B302 Gilbert Gamino
RENEWAL
6744 France Ave N Donald Renelt
5328-30 Queen Ave N Chad Amy Bucher
5115 Twin Lake Blvd E Ruth Cioni
5913 Admiral Ln Rosita Acosta
6626 Camden Dr Jeremy Sutton
6835 Colfax Ave N Adeyinka Badewa
3900 Janet Ln Keith Carlson
6661 Xerxes Pl N Igor Epshteyn
TOBACCO RELATED PRODUCT
Amarose Gifts 1108 Brooklyn Center
Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8a. PROCLAMATION CONGRATULATING KIRSTEN EDSTROM ON EARNING
THE GIRL SCOUT GOLD AWARD
Mayor Willson recited tl�e proclamation congratulating Kirsten Edstrom on earning the Girl
Scout Gold Award.
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Councilmember Lasman moved and Councilmember Yelich seconded to adopt a Proclamation
Congratulating Kirsten Edstrom on Earning the Girl Scout Gold Award.
Motion passed unanimously.
8b. PROCLAMATION CONGRATULATING BECKY THELEN ON EARNING THE
GIRL SCOUT GOLD AWARD
Mayor Willson recited the proclamation congratulating Becky Thelen on earning the Girl Scout
Gold Award.
Councilmember Ryan moved and Councilmember Yelich seconded to adopt a Proclamation
Congratulating Becky Thelen on Earning the Girl Scout Gold Award.
Motion passed unanimously.
8c. NORTHWEST HENNEPIN HUMAN SERVICES COUN�IL
Ms. Susan Blood, Ms. Myrna Kragness, and Ms. Julie HaTruong of the Northwest Hennepin
Human Services Council (NWHHSC) provided background information on the NWHHSC and
an update on the services provided by the NWHHSC. Ms. Blood expressed appreciation for Mr.
a encies that artner with
ice on the NWHHSC Board. She hi hl
i hted the
Bo ane s serv g P
g Y g g
NWHHSC and expressed appreciation of the Advisory Commission members. Ms. Blood stated
NWHHSC appreciates the City's support and partnership. She stated the piloting that is being
done in Brooklyn Center is making a difference in the area.
Mayor Willson stated this City Council has taken a lead role in forming partnerships with
Brooklyn Pazk and other entities. They realize that going it alone will not get the job done and
the importance of partnerships being formed.
9. PUBLIC HEARING
9a. ORDINANCE NO. 2008-OS AMENDING SECTIONS 11-107 AND 11-114 OF THE
CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSES
Mr. Boganey introduced the item, discussed the history, and sta.ted the purpose of the proposed
ordinance.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Yelich seconded to close the Public
Hearing.
Motion passed unanimously.
07/14/08 -4- DRAFT
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2008-OS Amending Sections 11-107 and 11-110 of the City Code of Ordinances Relating to
Liquor Licenses.
Motion passed unanimously.
9b. ORDINANCE NO. 2008-06 AMENDING ORDINANCE NO. 2006-03
REGARDING COUNCIL SALARIES FOR 2009-2010
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance.
Councilmember O'Connor moved to amend the proposed ordinance by deleting Section 2.
Motion died for lack of a second.
Councilmember O'Connor moved to amend Section 3 of the proposed ordinance as follows:
Effective January 1, 2010, the annual salary for Mayor sha11 be $11,166 and the annual salary for
Council Members shall be $8,549.
Motion died for lack of a second.
Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2008-06 Amending Ordinance No. 2006-03 Regarding Council Salaries for 2009-2010.
Councilmember Ryan stated his support of the proposed ordinance as the recommendation of the
Financial Commission, and that the City Council should not set its own salary.
It was noted that with this salary adjustment the 2009 budget will increase by $891 and by $907
in 2010, totaling $1,798 in the two year period. Mayoral out-of-state commitments are not being
done this year due to personal issues and timing. The savings for this alone will more than cover
this two-year period of the salary increases.
Councilmember O'Connor voted against the same. Motion passed.
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10. PLANIVING COMMISSION ITEMS
-None.
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION NO. 2008-74 ESTABLISHING IMPROVEMENT PROJECT NOS.
2009-05, 06, 07, AND OS, 69TH AVENUE AND SHINGLE CREEK PARKWAY
STREET AND UTILITY IMPROVEMENTS
Mr. Boganey recognized Mr. Blomstrom for his work with the City. He sta.ted this is one of the
last meetings that Mr. Blomstrom will be attending, as he has accepted an opportunity with
another city. Mayor Willson thanked Mr. Blomstrom for his excellent work for the City.
Mr. Blomstrom provided a.n overview of Improvement Project Nos. 2009-05, 06, 07, and 08, 69�'
Avenue and Shingle Creek parkway Street and Utility Improvements.
There was discussion on the analysis that will be completed to determine whether problems with
the roadway are due to the pavement or structural, and to determine the appropriate thickness of
the reconstxucted roadway. There was discussion on an alternative method of evaluating
subsurface structures. Mr. Blomstrom advised he recommends conducting soil borings with
street reconstruction projects in order to be very specific in the data being collected and conduct
tests on the material in the roadway.
It was noted that the cost of oil and the relationship with bituminous material is a factor in the
cost increase of the project. Mr. Blomstrom indicated the effect of oil costs is being looked at
closely with the revision of the Capital Improvement Prograxn during the 2009 budget process.
There was discussion on the eastbound and westbound City-owned bridges over Shingle Creek.
Mr. Blomstrom indicated inspections are conducted on the bridges on a two-year rota.ting cycle.
Service life expectancy of the bridges is 50 plus years.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-74 Esta.blishing Improvement Project Nos. 2009-05, 06, 07, and 08, 69�' Avenue and
Shingle Creek Parkway Street and Utility Improvements.
Motion passed unanimously.
llb. RESOLUTION NO. 2008-75 APPROVING CHANGE ORDER NO. 1,
IMPROVEMENT PROJECT NO. 2007-01, 02, 03, AND 04, CONTRACT 2007-A,
FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET AND
UTILITY IMPROVEMENTS
Mr. Blomstrom provided an overview of Change Order No. 1, Improvement Project No. 2007-
Ol, 02, 03, and 04, Contract 2007-A, Freeway Boulevard and Shingle Creek Parkway Street and
Utility Improvements.
07/14/08 -6- DRAFT
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2008-75 Approving Change Order No. 1, Improvement Project No. 2007-01, O2, 03, and 04,
Contract 2007-A, Freeway Boulevard and Shingle Creek Parkway Street and Utility
Improvements.
Motion passed unanimously.
llc. RESOLUTION NO. 2008-76 AMENDING SPECI,AL ASSESSMENT LEVY ROLL
NOS. 17074 AND 17075 TO PROVIDE FOR TI�E DEFERMENT OF SPECIAL
ASSESSMENTS
Mr. Blomstrom introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on Section B of the resolution, specifically in relation to circumstances
leading to the required payoff of the levies.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-76 Amending Special Assessment Levy Roll Nos. 17074 and 17075
to Provide for the Deferment of Special Assessments.
Motion passed unanimously.
lld. RESOLUTION NO. 2008-77 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
Mr. Eitel introduced the item, discussed the history, and stated the purpose of the proposed
resotution.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-77 Declaring a Public Nuisance and Ordering the Removal of
Diseased Trees.
Councilmember O'Connor voted against the same. Motion passed.
lle. RESOLUTION NO. 2008-78 REGARDING ENVIRONMENTAL REMEDIATION
AND REDEVELOPMENT OF PLANNED UlvIT DEVELOPMENT/INDUSTRIAL
PARK SITE AT 4821 XERXES AVENUE NORTH, CITY OF BROOKLYN
CENTER, MINNESOTA
Mr. Eitel introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the following in relation to pollution on the subject site:
Flow of the water runoff/pollution.
Process used for cleanup of the pollution.
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Participation of the City is to be procedural in coordination with the MPCA. The
proposed resolution does not authorize any fmancial commitment by the City.
Mr. Paul Hyde, Rea1 Estate Recycling, LLC, addressed the Council and sta.ted the next step is to
complete the testing on the site in order to determine if any residual cleanup needs to be done
and what that might cost. In preliminary testing they have found some modest petroleum
compounds, metals, and other compounds from the gas sta.tion that used to be on the site. Mr.
Heide stated they are trying to get guidance from the MPCA on their plan to do testing and have
the MPCA take the lead in informing them what needs to be done. They axe requesting
participation with the City because they are stuck in an administrative lo�jam between several
regulatory agencies. The MPCA seems to be the na.tural choice to be in charge.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-78 Regarding Environmental Remediation and Redevelopment of Planned Unit
Development/Industrial Park Site at 4821 Xe�es Avenue North, City of Brooklyn Center,
Minnesota.
Councilmember O' Connor voted against the same. Motion passed.
llf. RESOLUTION NO. 2008-79 AMENDING THE CITY COUNCIL CODE OF
POLICIES; ADDING POLICY FOR RESIDENTIAL MONUMENT SIGNS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
There was discussion on the following in relation to the draft policy for residential monument
signs:
Representatives of the Riverwood Association indicated they are not in favor of
modifying the Association's original proposal to include City identification on the sign.
The intent of the language included in the draft policy is that Policy Item Nos. 1-6 are in
addition to any requirements that exist in the current sign ordinance.
The policy does not obligate the City to provide any funding for the cost of monument
signs.
Councilmember O'Connor stated her opposition to the City entering into contracts with
neighborhoods or residents of the City, and with residents paying for something that will be
located on public property.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-79 Amending the City Council Code of Policies; Adding Policy for Residential
Monument Signs.
It was noted that the ro osed monument si from the Riverwood Association is an effort to
P P
bring out positive feelings and to show pride in the neighborhood. There was discussion on the
positive effects if other neighborhoods express an interest in putting up similar signs, and the
need for a policy moving forward.
07/14/08 -8- DRAFT
�111 USI
Councilmember O Connor voted a ainst the same. Motian assed unatu o y
g P
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 8:20 p.m.
Motion passed unanimously.
07/14/08 -9- 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
JLTLY 14, 2008
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City CounciUEconomic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 6:48 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary
O'Connor Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public
Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel,
City Attorney Mary Tietjen, and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember/Commissioner Yelich requested the following correction to the June 23, 2008,
Work Session minutes:
Pa�e 2, Onen bullet item under bullet No. 3:
"This requirement is to be included in the policy moving forward. However, due to #�s
°a r Citv Council anprovin� �-the Riverwood
Association's request prior to havin� a nolicv in nlace, staff will discuss..."
Councilmember/Commissioner Yelich stated his disagreement with the factual accuracy of the
above statement as reflected in the draft minutes. He noted this topic was addressed in the May
27, 2008, Study Session minutes.
It was noted that the open bullet item reflects the Council's discussion that the Riverwood
Association did not have prior knowledge of the logo requirement.
Councilmember/Commissioner O'Connor stated she would like to add a topic to the
miscellaneous portion of the Work Session agenda.
ADJOURNMENT
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan
seconded adjournment of the City Council Work Session at 7:00 p.m.
07/ 14/08 -1- DRAFT
CALL TO ORDER
Motion by Councilmember/Commissioner Lasman, seconded by Councilmember/Commissioner
Ryan, to reconvene the City CounciUEconomic Development Authority (EDA) Work Session at
8:37 p.m.
Motion passed una.nimously.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary
O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public
Works Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel,
and Carol Hamer, TimeSaver Off Site Secretarial, Inc.
SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT
OPERATING BUDGET
Mr. Boganey stated the Joint Powers Agreement for the Shingle Creek Watershed Management
Commission provides that a member city may object to the operating budget by giving written
notice to the Commission by August 1 st of the preceding year. Mr. Boganey reported that staff
has no objection to the proposed 2009 Shingle Creek and West Mississippi Watershed
Management Commission Operating Budgets. The proposed assessments for 2009 do not exceed
the assessment cap. The City representative to the Watershed Commission has indicated she
would not recommend disapproval based upon her knowledge of the budget. Mr. Boganey
explained if Council chooses to take no action the budgets will proceed to the Commissions for
their consideration. If Council chooses to be one of the cities on record objecting to the budgets
the topic should be included on the agenda of the next City Council meeting for action.
It was noted that the Watershed Districts are working within the parameters of the approved cap
and that the work done by the Watershed Districts is mandated. Mr. Boganey advised that the
revenue source for the Watershed District budgets is the stormwater utility and does not involve
a property tax levy.
Councilmember/Commissioner O'Connor stated her oppasition to City support of the Watershed
District budgets. She pointed out that both budgets have increased by 4%.
Councilmember/Commissioner Lasman stated her support of the City working cooperatively to
support the waterways. Councilmember/Commissioner Ryan concurred.
Mr. Boganey suggested Council consider the following options: 1) Take no action; 2) Direct the
City Manager to send a letter to the Watershed Districts indicating the consensus of the
Council regarding the budgets; 3) Include the Watershed District budgets on the next City
Council meeting agenda for Council consideration with the results of the vote communicated to
the Watershed Districts.
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The majority consensus of the City Council was to direct staff to prepare a resolution of support
of the Watershed District budgets for Council consideration, and that the following information
be provided to Council at the time of consideration: 1) The significant difference in each
budget's allocation towards management plan expenses; 2) How each Watershed District is
addressing chloride.
CENTER POINTE LICENSE UPDATE
Mr. Boganey provided an update on a meeting held the previous Monday with staff and the law
firm representing Center Pointe Apartments. The purpose of the meeting was to address staff's
position that Center Pointe Apartments is in breach of the agreement with the City. The meeting
meets the requirement of providing an opportunity for clarification on the breaches and ensuring
I that there is not a misunderstanding before bringing the issue to the judge. Essentially, Center
Pointe Apartments only took exception to staff's position that the door had not been
appropriately dealt with and provided excuses for the other issues. A follow up meeting is
scheduled for August 7th, and representatives of Paramark have been subpoenaed. Following the
August 7th meeting it will be determined whether the next step is to go to the judge and request
consideration of license revocation.
Mr. Boganey reported another issue for Council to be aware of is in relation to the fence. He
explained under the agreement the owner has the right to approve the finai design of the fence.
Just prior to the contractor being authorized to proceed with insta.11ation of the fence the awner
raised some design questions, to which staff responded. The owner then indicated that they felt it
was necessary to obtain the mortgage holder's approval on the waiver of the assessment, that
they were unable to obtain that approval, and that they were working on the issue. The net result
I is that the timeline has gone beyond the deadline for the bids to be accepted. Mr. Boganey stated
his understanding is that City Attorney LeFevere is in fuxther discussions with the owner or the
owner's representative about the issue of obtaining the waiver. If the waiver is obtained they will
then have to negotiate with the contractor in hopes that the price will not be raised, or have the
owner pay the difference.
There was discussion on the following in relation to Center Pointe Apartments:
I Due diligence being conducted by the City will put the City in the position for the
stron est reaction from the 'ud e if consideration of ticense revocation is requested.
g
g
Code performance standards in relation to repair of the door.
Security/safety issues in relation to the necessary repairs to the door.
Cost issues associated with the labor intensive staff time involved with monitoring and
re-inspecting the property.
MISCELLANEOUS
57TH/LOGAN AVENUES SITE
Mr. Boganey reported he and Community Development Director Eitel met with a realtor
representing a grocery chain that has expressed an interest in the 57th/Logan Avenues site. They
are ready to come forward with a proposal for a small grocery store that would not utilize the
07/14108 -3- DRAFT
entire site; however, they would like to purchase the entire site. Mr. Boganey recommended if
the City will be considering proposals, that there be a competitive process with other potential
users for the site invited to submit proposals. He noted a question for consideration is what the
timeline would be to consider proposals. He suggested the Comprehensive Plan review process
be completed with neighborhoods engaged in order to receive feedback about the kind of
development they would like to see. The City may also want to wait until better market
conditions exist. It is conceivable that some type of development for the Brookdale Ford
property and the adj acent property could come before the City within the next 6 to 12 months;
depending on what that development is, it could have a significant influence on the best use for
the 57th/Logan Avenues site. Mr. Boganey stated with all those factors to consider, looking at a
single source proposal for a small grocery store without looking at others would not be his
recommendation. However, if the Council would like to review the proposal he will request that
the realtor bring it forward.
There was discussion on the anticipated completion of the Minnesota Pollution Control Agency
(MPCA) process to allow development of the site. Mr. Boganey sta.ted they are 60 to 90 days
away from wrapping things up with the MPCA in order to re-subdivide the property and be in a
position to promote development of the site.
Mayor Willson sta.ted his position that the completion of the MPCA process would be the driver
to the next step of development of the site. Councilmembers/Commissioners Lasman and Ryan
concurred.
It was noted that it would be beneficial to have citizen involvement in the Comprehensive Plan
and input on the subj ect property.
Staff was directed to provide the Council with calculations that reflect the property remauung off
the t� rolls until the MPCA process is completed and alternative development options can be
considered.
Staff was requested to provide the Council with information from the realtor regarding purchase
price for the property. Mr. Boganey replied he will deterxnine if this is public data or if the
developer would like the information to remain confidential.
There was discussion on a possible open-ended RFP process once the MPCA process is
completed and the land is available for development. The majority consensus was that a
competitive process should be used to solicit proposals rather than acting on a single unsolicited
proposal at this time.
In response to concerns expressed about possible pollution resulting from canisters that were
pulled from the site, Mr. Eitel explained pictures of the canisters came from the City's
documentation of the original site cleanup. The MPCA has been aware of the pictures throughout
the whole cleanup process on the site.
07/14/08 -4- DRAFT
WOOD BURNING PERMITS
Councilmember/Commissioner O'Connor re uested information from staff regarding wood
q
burning in neighborhoods and the lack of knowledge by staff as to who was supposed to handle
the recent request by a resident to address this issue. Mr. Boganey replied that there is a dispute
of the facts. What was stated in the email about this issue and what the employee says occurred
do not line up completely. Having said that, he has made it a point to ensure that a11 staff
involved in the process are appropriately knowledgeable and trained with respect to what the
ordinance requires. Also, several weeks ago it was determined that the way the City was dealing
with wood burning permits and the information on the website were not in conformance with
City Code requirements. The information on the website was changed and is now in line with
City Code requirements. Mr. Boganey stated he anticipates that the Fire Chief would like to
recommend modification to the current ordinance to some degree to make it easier to administer.
However, as it stands today the ordinance is being followed as written, the information on the
permits is consistent with the ordinance, and the employees have been trained to apply the
ordinance properly.
COMMUNITY CENTER AND PARK ISSUES
Councilmember/Commissioner Lasman inquired about the status of noise issues associated with
parties in paxks which was discussed during the youth seminar in March. Mr. Boganey replied
that seasonal park patrol employees were brought on staff this summer, and he has not heard of
any issues in this area. There had also been discussion of issues associated with late night and
weekend events at the Community Center. Policies and practices at the Community Center have
been modified; space is no longer leased out for certain types of events on late nights and
weekends, and those issues have been eliminated.
ADJOURNMENT
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan
seconded adjournment of the City Council/Economic Development Authority Work Session at
10:13 p.m.
Motion passed unanimously.
07/14/08 -5- DRAFT
City Council Agenda Item No. 7b
C EM MEMORANDUM
COUN IL IT
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: July 22, 2008
SUBJECT: Licenses for Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its July 28, 2008, 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
appiications, 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 properiy address on
the attached rental report.
AMUSEMENT DEVICES
Vend It LLC 1108 Brookdale Center
GARBAGE HAULERS
Waste Management 10050 Naples Street NE, Blaine
MECHA1vICAL
Air Conditioning Assoc. 55 W. Ivy Ave, St. Paul
Air Quality Service Inc. 6221 Cambridge St, St. Louis Park
Hoffman Refrigeration and Heating 5660 Memorial Ave N, Stillwater
Master Gas Fitters 2242 Jennifer Lane N, N St. Paul
Northern Heating and AC 9431 Alpine Dr, Ramsey
Pronto Heating and AC 7501 Washington Ave N, Edina
River City Sheet Metal 8290 Main St NE, Fridley
Whitetail Heating and Cooling 29692 Pine Oak Lane NW, Isanti
RENTAL
See attached report.
SIGN HANGER
Arrow Design 13735 Aberdeen St, Ham Lake
Renta,l licenses for Counc�proval on July 28, 2008
Inspector ,Clerk �;Clerk �lerk N ,x�.M: r _P+�Mac�.7�a� .,`�k:;�� .��N �,Assessing.
Dwelling Renewal:
Unp��d"� Wnpaid
Property Address Type or Initial Owner Calis for Service Utiliti�s Taxes
907 57th Ave N �Single Family Initial IDavid LaFavor �None per 12-911 OK OK
6718 Aldrich Ave N �Single Family Initial �James Price Dawn McNamara �None per 12-911 OK OK
6136 Brooklyn Blvd �Single Family Initial �Shannon Benalshaikh �None per 12-911 OK OK
2100 69th Ave N �Single Family Renewal �Barbara Sandstrom �5 Dist peace per 12-911 OK OK
6807 Humboldt Ave C201 �Single Family Renewal IGary Pull �2 Dist per 12-911 OK OK
5900 Pearson �Single Family Renewal �MaryTjosvold �None per 12-911 OK OK
II
i
II�
City Cauncil Agenda Item No. 7c
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: July 21, 2008
SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted By
Surly Brewing Company, 4811 Dusharme Drive, for an Event to be Held
September 6, 2008
Recommendation:
I recommend that the City Council consider approval of the application and permit for temporary
on-sale liquor license submitted by Surly Brewing Company, 4811 Dusharme Drive, for an event
to be held September 6, 2008.
Back round:
g
Surly Brewing Company, 4811 Dusharme Drive, has submitted an application and permit for
temporary on-sale liquor license for an event to be held on September 6, 2008. The applicant has
satisfied the City's requirements and submitted the $25 fee for the license, along with a
certificate of coverage for liquor liability insurance. The applicant met with Commander Tim
Gannon and Planning and Zoning Specialist Ron Warren regarding parking, noise, and security
issues. After Council review, the application and permit will be forwarded to the Minnesota
Department of Public Safety Alcohol and Gambling Enforcement Division for approval.
City Ordinance Section 11-107 (61
Temporary On-Sale Intoxicating Liquor License. This license may be issued only
upon receiving the approval from the Commissioner of Public Safety. The license may
be issued only in connection with a social event within the city that is sponsored by a
club or charitable, religious, or other nonprofit organization that has existed for at least
three years ar to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a
year. The license may authorize the sale of intoxicating liquor to be consumed on the
Premises for not more than three consecutive days, and the City shall issue no more than
twelve days' worth of temporary licenses to any one organization or for any one location
within a 12-month period. The temporary license may authorize the sale of intoxicating
liquor to be consumed on Premises other than Premises the licensee owns or permanently
occupies. The temporary license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor
an munici alit
License issued by y p y
Budget Issues:
There are no budget issues to consider.
n;
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 133 St, Paui MN 55101-5133
��OF�"� (651) 201-75Q7 F� (651) 297-5259 T'TY (651) 282-6555
WWWDPS.STATE.MI�T.US
APPLICATION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAI�IE OF ORGANIZATION DATE ORGANiZED TAX E�EMPT NLTMBER
�v��-� �R.��/�n1C� C��( P�NY �/�oo�(
STREET ADD SS CITY STATE ZIP CODE
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NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE
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DATES LIQUOR WII.L BE SULD s� f`--'� TYPE OF ORGAI�]IZAT`IC}N �i� s'r ,�PpH--�'
`�r Ci iTR ('.HARIT�RT F. kFI.T(}Tn7TS C)
ORGANIZA'ITON OFFIC$R`S NAME ADDRESS
:�''1�/� r�,NS-�
ORGf�NIZATION OFFICER'S NAME ADDRESS
ORGAIVIZAT`ION OPFTGER'S NAME ADDRESS
�ocation license ��-ill be used. If an outdo«r area_ describe j
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Will the applicaut contract for intozicatic� liquor sen�ice? IY so_ gi� the nwie aixi address of tUe liquor licensee pro��iding the ser��ice.
W� L,� �J� E'�f����K�, �E'P( c�:;rS�!.�✓c?�
Will the applicant carn� li,quor liabilih- in.s�u If so, lease pro� the carrier s name and aiuouut of co��erage.
Il►l� 6,��e i���rr (,�(�,�el- (��n�� a����P,p
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APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMSLING
ENFORCEMENT
CITY/COUNTY DATE APPROVED
CIT'Y FEE AM4UNT LICENSE DATES
DATE FEE FAID
GNATURE CTTY CLERK OR COiJNTY OFFICIAI, APPROVED DII2ECPOR ALCOHOL AND GAMBLING EIVFORCEMENT
OTE: Snlnnit this fortn to the city or county 30 days priar bo event Forward application signed by city and/or county to the address
above. If the appficafion is approved the Alcohol and Gambling Enforcement Divisfon will retarn tltis applicalion to be used as the License for the event
P3-09079 (OSl06)
DATE (MNUDD/YYYI�
4CORD CERTIFiCATE OF LIABILITY INSURANCE 11i19�2o0�
PRODUCER (952) 935 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI�N
Gladwin A en ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5 cY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
7�llth Avenue South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fiopkins MN 55343- INSURERS AFFORDWG COVERAGE NAIC
INSURED I INSURER A: H3W�CEy@ ty
Surly Brewing Company INSURER B:
and Surly Distribution Inc IINSURERC: I
4811 Dusharme Dr I INSURER D: I
Brooklyn Center I'�R+7 �J' SQ29 INSURERE I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSfONS ANQ CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
�LTR NSRDI TYPE OF INSURANCE I POUCY NUMBER I TE (MMfDD/YYEI MP D/Yl'1 LIMITS
A GENERALLIABILITY CBP8341860 12�31�2��7 12�31�20�8 I EpCHOCCURRENCE 1 0 0
X COMMERCIAL GENERAL LIABILITY PREMISES occurrencel S 1 OO OOO
CLAIMS MADE OCCUR MED EXP (My one person) lO OOO
PERSONAL 8 ADV INJURY IS 1� OOO OOO
I I I I GENERALAGGREGATE I$ 2� OOO OOO
GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS COMP/OP AGG I S 2� OOO OOO
POLICY ECT LOC I I
AUTOMOBILE UABILITY I I I COMBINED SINGLE LIMIT
ANY AUTO (Ea accident}
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
PROPERTY �AMAGE
(Per accidenQ
GARAGE LIABILITY I AUTO ONIY EA ACCIDENT I a
ANY AUTO OTHER THAN EA ACC I$
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OFFICER/MEMBER EXCLUDED? I E.L DISEASE EA EMPLOYEEI 1 OO OOO
If yes, describe under
SPECIAL PROVISIONS below I E.L DISEASE POLICY LIMIT (S $OO OOO
j!� OTHER L1CjUOr Liability CBP8341860 12/31/2007 12/31/2008 Each Common Cause 1�000,000
Aggregate 2 OOO OOO
A CsP8341660 12/31/2007 12/31/2008 Personal Property 537�000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVtSlONS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
1 O DAYS WRITTEN NOTICE TO THE CERTfFICATE HOLDER NAMED TO THE LEFT, BUT
C1ty of Brooklyn Center FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OP ANY KIND UPON THE
6301 Shingle Creek Pat�CW3y INSURER. !TS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE j
Brooklvn Center MN 55430- 'f�l ��_..,�t_�i..�
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City Council Agenda Item No. 7d
COUNCIL ITEM MEMORANDUM
To: Curt Boganey, City Manager
From: Gary Eitel, Community Development Director
Date: July 23, 2008
Subject: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
Recommendation:
It is recommended that the Brooklyn Center City Council, at their July 28, 2008 meeting, declare
a public nuisance and order the removal of diseased trees as listed on the resolution.
Background:
The attached resolution represents the official Council action required to expedite removal of the
diseased trees most recently marked by the city tree inspector, in accordance with approval
procedures. The City of Brooklyn Center has historically maintained a policy of removing
diseased trees promptly (in three weeks or less) and enforcement of proper disposal in order to
keep this disease from escalating in our community.
Budget Issues:
The City's share of the cost of removal for diseased trees within the public right of way and City
property is included in the 2008budget under the Public Works Forestry operating budget the
cost of removal for diseased trees located on private property is the responsibility of the
respective property owner.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement
has been issued to the owners of certain properties in the City of Brooklyn Center Brooklyn Center
giving the owners twenty (20) days to remove diseased trees on the owners property; and
WHEREAS, the City can expedite the removal of these diseased trees by
declaring them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
L The diseased trees at the following addresses are hereby declared to be a public
nuisance.
Property Owner Property Address Tree No.
Hilda Herrerra Garcia 3506 53 Ave N 23
Emmanuel Coker 4100 61 S Ave N 15
Lee Wuanti 1001 65 Ave N N/A
Morris Cooper 500 67 Ave N 12
Gary Dondelinger 5400 68�' Ave N 34
Alonzo Robinson 4812 69�' Ave N 33
William Bowen Jr. 6806 Abbott Ave N 26
Robert McKenzie 6137 Beard Ave N 29 30
Greater Mpls Girl Scouts 5601 Brooklyn Blvd 19
Jasa Family Limited 5637 Brooklyn Blvd 18
Partnership
Brooklyn United Methodist Ch 7200 Brooklyn Blvd 35
Joe Yee 6701 Camden Ave N 13
Ronald A. Warren Syverson 6707 Camden Ave N 11
Kia Xiong 4700 Eleanor Lane 14
Luis Hernandez 6907 Grimes Ave N 25
Morning Sun Investments 1531 Humboldt Pl N 38
Harry Roberts 5400 James Ave N 24
Dao Xiong 4040 Lakeside Ave N 22
Beach Condo's Association 4201 Lakeside Ave N 21
Margaret Tchowkouani 5643 Northport Drive 17
Lawrence Butterfield 5801 Pearson Dr 16
Twin Lake Business Park N/A (Twin Lake Ave) 10-118-21-32-0059 20
Nationstar Mortgage LLC 4710 Wingard Lane 36
Viola Gobah 4714 Wingard Lane 37
RESOLUTION NO.
2. After (20) days from the date of the notice, the property owner(s) will receive a
second written notice providing five (5) business days in which to contest the
determination of the City Council by requesting, in writing, a hearing. Said request
shall be filed with the City Clerk.
3. After five (5) business days, if the property owner fails to request a hearing, the
tree(s) sha11 be removed by the City. All removal costs, including legal, financing
and administrative charges shall be specially assessed against the property.
Julv 28, 2008
I 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 thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
City Council Agenda Item No. lUa
COUNCIL ITEM MEMORANDUM
To: Curt Boganey, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist r`��,
Subject: Planning Comxnission Application No. 2008-003
Date: July 22, 2008
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions and considerations recommended in Planning Commission
Resolution No. 2008-02. Attached for the City Council's consideration are:
l. Resolution Regarding the Disposition of Planning Commission Application No.
2008-003 Submitted by the Luther Company LL.LP.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain land (Westerly of Brooklyn Boulevard Between
I-94 and 68�' Avenue North)
Background:
On the July 28, 2008 City Council Agenda is Planning Commission Application No. 2008-003
submitted by The Luther Company LLLP for rezoning from G2 (Comrnerce) to PUD/G2
(Planned Unit Development /Commerce) and development plan approval through the PUD
process of three contiguous lots located on the west side of Brooklyn Boulevard between I-94
and 68`� Avenue for the redevelopment and expansion of the existing Chevrolet site and a new
Buick, Pontiac, GMC Dealership. This matter was considered by the Planning Commission at
their 7uly 17, 2008 meeting and was recommended for approval through Planning Commission
Resolution Na 2008-02.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2008-003 and also 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,
Planning Commission Resolution No. 2008-02 and other supporting documents.
Budget Issues: There are no budget issues.
Application Filed on 6-19-08
City Council Action Should Be
Taken By 8-18-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-003
Applicant: The Luther Company, LLLP
Location: 6701 Brooklyn Boulevard,4301 68th Avenue North and 4315 68th Avenue North
Request: Planned Unit Development Rezoning/Development Plan Approval PUD/G2
The applicant, The Luther Company Limited Partnership, is requesting rezoning from G2
(Commerce) to PUD/G2 (Planned Unit DevelopmentlCommerce) and development plan
approval of three contiguous lots located on the west side of Brooklyn Boulevard between I-94
and 68� Avenue North addressed as 6701 Brooklyn Boulevard and 4301 and 4315 68�' Avenue
North. The purpose of the proposal is for the redevelopment and expansion of the existing
Chevrolet site (formerly Iten Chev} and the remodeling and expansion of an existing building
(formerly Iten Leasing) for a new Buick, Pontiac, GMC (BPG) dealership. These properties are
all currently zoned G2 and are bounded on the north by 68�' Avenue; on the east by east by
Brooklyn Boulevard; on the south by I-94; and on the west by the former Osseo Brooklyn School
Bus Garage (owned by Luther) and Atlantis Pools.
This proposal represents the first step in a major redevelopment by the Luther Company, for both
sides of Brooklyn Boulevard between I-94 and 69�' Avenue. See companion Planning
Commission Application Nos. 2008-004 (Preliminary Plat) and 2008-005 (Planned Unit
Development).
BA�KGROUND
The Luther Company has acquired all of the land or the automobile dealership businesses in this
area and is now prepared to do a major redevelopment which will include two new dealership
buildings on the east side of Brooklyn Boulevard (Honda and Toyota) and the expansion and
redevelopment of the existing Chevrolet dealership to accommodate an expanded Chevrolet
dealership and a new Buick, Pontiac, GMC (BPG) dealership on the west side of Brooklyn
Boulevard between the freeway and 68`� Avenue North (note the existing Honda dealership at the
northwest corner of Brooklyn Boulevard and 68�' Avenue will be redeveloped at a future date by
the Luther Company).
Their plan indicates first expanding the existing Chevrolet operation to accommodate their
acquisitions of the Iten Chevrolet business and the Walser Chevrolet (Plymouth) business.
Luther has an agreement to acquire the Iten property at a future date but has acquired their
business only, so separate ownership of the land and business will continue for some time. They
plan at this time to expand and remodel the old Iten Leasing building (4301 68�' Avenue North)
and consolidate the former Porter Cable property (4315 68`� Avenue North) after that building is
demolished to accommodate the new BPG business. BPG will be relocated from its current
location at 6800 Brooklyn Boulevard and that building will then be demolished to make way for
7-17-08
Page 1
a new Honda dealership on the expanded site along the east side of Brooklyn Boulevard.
Another new automobile dealership building (Toyota City) will be constructed on the east side of
Brooklyn Boulevard on a reconfigured site that at one time had primarily housed Ryan
Oldsmobile (6700 Brooklyn Boulevard).
On two previous occasions (October 2005 and August 2006) the Luther Company had sought and
received PUD rezoning and development plan approval for a two phased expansion and
redevelopment of the east side of Brooklyn Boulevard between I-94 and 69�' Avenue. The then
proposed expansion and redevelopment was for the Brookdale Dodge operation which currently
houses Buick, Pontiac, GMC (6800 Brooklyn Boulevard and 4215 69�' Avenue North). The
second phase was the demolition of the old Ryan Olds building (6700 Brooklyn Boulevard) with
a temporary car storage facility and a future new automobile dealership. Luther accomplished
parts of this plan when the building at 4215 69`� Avenue North was demolished as was the old
Ryan Olds Building and the storage facility was established. Other opportunities availed
themselves to Luther and they have settled on the current plan represented by Planning
Commission Application Nos. 2008-003, 004 and 005. The finalization of the Planned Unit
Development proposals will be needed to accomplish their redevelop plans (see the 7une 19,
2008 Letter of Application and PUD justification from Linda McGinty, Director or Real Estate
and Development on behalf of the Luther Company, attached).
The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned
redevelopment of the west side under Planning Commission Application No. 2008-003. The
PUD is needed to allow for the flexibility of common access and use over multiple parcels of
land without the replatting of the property. As mentioned above, the Luther Company owns the
property at 4315 68 Avenue North (the former Porter Cable property) and has acquired the
Chevrolet dealership business from Iten Chevrolet (formerly operated out of 4301 68`� Avenue
North and 6701 Brooklyn Boulevard). The ownership of the Iten property is still Iten Chevrolet
with Luther having an agreement to acquire the property in the future. City ordinances require
that property under common ownership and common use be combined through platting or
registered land survey into a single parcel. They propose common use but ownership of all the
property will not be conveyed to Luther until sometime in the future. A PUD rezoning and
redevelopment plan approval will be necessary to accommodate the plans proposed by Luther.
When ownership of the property is obtained, Luther will be required to replat the property to
conform with city ordinances. In the meantime, they can function with appropriately approved
and executed agreements that for all practical purposes negate property line divisions. They also
need to proceed under a Planned Unit Development to waive the 40 ft. rear yard setback
requirement for 4301 68� Avenue North and to allow green strip encroachments far parking
along I-94 and display pads with pergolas or railing features along Brooklyn Boulevard, 68�
Avenue and I-94. The rear yard setback requirement for 4301 68�' Avenue North would
disappear if the property were replatted into a single lot which would then be considered a corner
lot with no rear yard setback at all. This is how it will function ancl under the Planned Unit
Development is an acceptable situation.
7-17-08
Page 2
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of
land to the PUD designation followed by an alpha numeric designation of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures
within the Planned Unit Development. The rules and regulations governing that district (C-2)
would apply to the development proposal. One of the purposes of the PUD district is to give the
City Council the needed flexibility in addressing development and redevelopment problems and
issues. Regulations and uses governing uses and structures rnay be modified by conditions
ultimately imposed by the City Council on the development plans. As mentioned in this case, the
applicant will be seeking modifications to allow the waiving of the rear yard setback for the PBG
building as well as various encroachments on the 15 ft. green strips along 68`� Avenue, Brooklyn
Boulevard and the I-94 right of way. Also, potential waivers from the platting requirements that
should require the•multiple parcels to be combined into a single parcel of land.
Their plan for offsetting these aspects of the plan include the fact that with replatting a single lot
would be created which would be a corner lot, not requiring any rear yard setback for buildings.
As the plans will indicate, the encroachments allowed into the 15 ft. green strip requirements
appear to be offset by the decorative nature of the display pads with pergolas or railings
highlighting these features. With respect to parking encroachment along the I-94 right of way,
the lack of a 15 ft. green strip will hardly be noticeable given the amount of excess right of way,
a fence in this area and the elevation of the on ramp from Brooklyn Boulevard to I-94.
The Planning Commission's attention is directed to Section 35-355 of the City's Zoning
Ordinance which addresses Planned Unit Developments (attached).
REZONIl�G
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with
the City's Rezoning Evaluatian Policy and Review Guidelines contained in Section 35-208. The
Policy and Review Guidelines are attached for the Commission's review. The applicant has
submitted a written narrative describing their proposal and has made some general comments
relative to how they believe their proposal has a positive impact and can be considered consistent
with the policy arid review guidelines.
As with all rezoning requests, the Planning Commission must review the proposal based on the
Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The
policy states that rezoning 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. As noted previously, the Luther Company has submitted previously two
proposals for Planned Unit Developments in this area which have been considered and approved
by the City Council based on a review and evaluation of the Policy and Review Guidelines
contained in Section 35-208. We do not believe it is necessary to go point by point through this
7-17-08
Page 3
i
evaluation process again as we believe this proposal to be consistent with the past Planned Unit
Development requests and is consistent with the Policy arid Review Guidelines. The current
zoning of the property is C-2 (Commerce) which allows automobile dealerships as special uses m
this zoning district. Special Use Permits have been granted for both the east and west sides of
Brooklyn Boulevard in this area for automobile dealerships and automobile dealerships involving
service and repair, retail sales and associated parking and storage of new and used motor vehicles
have been a use of the property for well over 40 years. Expansion and redevelopment of these
types of uses certainly appears to be appropriate given the nature of the zoning districts in this
area. The Comprehensive Plan acknowledges commercial retail uses in this area and the
proposed redevelopment by Luther can be considered to be consistent with the City's
Comprehensive Plan for this area. The guidelines generally ask if there is a clear and public need
or benefit; is the proposed rezoning zoning consistent and compatible with surrounding land use
classifications; can all permitted uses in the district be contemplated for development; will the
subject property bear fully the ordinance development restrictions for the proposed district; is the
proposal in the best interest of the community; and does the proposal demonstrate merit beyond
the interests of an owner or owners of an individual parcel. The applicant notes that their
proposal will be a complete overhaul and addition to the west side of Brooklyn Boulevard and
will contain various upgrades to the property which they believe will allow for a safer, logical
flow of traffic on the site and bring it into compliance with current city and code requirements.
We would concur that the proposal does indeed meet the Evaluation Policy and Review
Guidelines in that it is compatible with the standards, purposes and intent of the Planned Unit
Develapment section of the zoning ordinance. The proposal allows for the utilization of land in a
manner that is compatible with, complimentary to and of comparable intensity to adjacent land
uses as well as those that are permitted on surrounding property. It is considered a reasonable
use of the property and it will conform with ordinance requirements except for the appropriate
waivers to the various requirements as outlined in the development plan It can be considered
consistent with the recommendations of the City's Comprehensive Plan and it appears to be a
good long range use of the existing land and that development can be considered an asset to the
community and further can be considered to be in the best interest of the City.
STTE AND BUII.DING PLAN PROPOSAL
As mentioned previously, the applicant is proposing under this PUD application to expand the
Chevrolet dealershig at well as to modify the building at 4301 68`� Avenue North to
accommodate a new BPG showroom and service center. All barriers between these sites will be
removed and there will be a free flow of traffic between the two buildings and parking will be
such to accornmodate each of the buildings needs as well as common access throughout the site.
The site will be completely upgraded to include new paving, curb and gutter, site utilities,
lighting, landscaping, and removal of overhead utility lines where possible. Once the BPG
facility has been relocated from its current location at 6800 Brooklyn Boulevard, the second
phase or the east side Planned Unit Development will proceed.
ACCESS/PARKING
There will be three access points to this consolidated site. One along Brooklyn Boulevard will be
7-17-08
Page 4
relocated approximately 50 ft. to the north. The applicant has reviewed this plan with Hennepin
County, the road authority. The proposal is acceptable to Hennepin County and they note that the
greater distance from the I-94 ramp is a benefit and they also believe the closing of the existing
access on 68`� Avenue near Brooklyn Boulevard will enhance traffic operations in the area.
There will be two access points along 68�' Avenue, an existing access just westerly of the
existing building and a shared access with the Atlantis Pool site at the westerly portian of the
property. As mentioned, an existing access close the intersection of 68�' Avenue and Brooklyn
Boulevard will be closed which is considered an improvement to the existing situation. Access
and circulation throughout the site will not be hindered by physical barriers. The site will act as a
single site as if it were platted that way. Appropriate cross access agreements will be necessary
to allow for the free flow of traffic that is planned.
Parking for the site is based on a combination of parking formulas. The retail parking formula of
5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the
office parking formula of one space for every 200 sq. ft. gross flaor area for the office/service
portions of the building; one space for every service bay and one space for every service bay
employee for the service garage areas; one space for every 800 sq. ft. gross floor area for strictly
storage areas; and two parking spaces for service vehicles for each of the two buildings.
Required parking for the BPG site based on these formulas is 88 parking stalls, a total of 123
parking spaces is provided on what is considered the site for the BPG operation which includes
the old Iten Leasing building and the Porter Cable site. The parking requirement for the
Chevrolet building which includes display, service, and service bays is 398 stalls, a total of 636
parking spaces are provided on the Chevrolet site. A significant amount of display parking will
be available above and beyond the required parking for both the BPG operation and the
Chevrolet operation.
As mentioned previously, the applicant is requesting modification to the City Ordinances to be
allowed to provide decorative display areas at certain locations along Brooklyn Boulevard, 68�'
Auenue North and one along the I-94 right of way. In addition, they are requesting to be allowed
to park closer to the I-94 right of way than the 15 ft. typically required. This would establish an
approximate 5 ft. green strip where none currently exists. This appears to be appropriate given
the distance between the property line and the I-94 ramp and the elevation in this area. The
display areas as shown on the plans are decorative display pads containing in some cases a
pergola and fence area and in others a fenced or railing area for display purposes. The display
with railings would be on either side of the entrance off Brooklyn Boulevard and either side of
the entrance off 68�' Avenue and a similar display area would be along I-94. The display pad
with pergola and fencing would be at the southwest corner of Brooklyn Boulevard and 68`�
Avenue North. Given the attractiveness of these display areas and the fact that new 15 ft. green
strips are being established along Brooklyn Boulevard and in a larger landscape area at the
southeast corner of the site, the applicant's plans appear to be appropriate and should be
considered acceptable. Continuation of these display areas should be dependent on proper
maintenance and should only be allowed to be modified or eliminated with the concurrence of
the City of Brooklyn Center.
i �_l�_og
Page 5
GRADING/DRAINAGE/UTII,ITIES
The applicant has provided preliminary grading, drainage, utility and erosion control plans,
which are being reviewed by the Director of Public Works/City Engineer. His comments relative
to these items are attached for the Commission's review. The Porter Cable building at 4315 68�
Avenue North will be demolished and a note on the demolition plan indicates that existing
sanitary sewer and water lines will be capped at the property line. In situations such as this
where buildings are being removed, narmally service lines are disconnected at the main. It is
anticipated that this will be a recommendation of the City Engineer in this case as well. The
preliminary grading and drainage plan indicates B-412 curb and gutter throughout the site. The
ordinance requires B-612 curb and gutter or an approved alternate by the City Engineer. When
reviewing past Planned Unit Developments for the Luther proposals, the City Engineer had
indicated that the B-412 curb and gutter might be acceptable in certain areas where no water
would be conveyed. It is not anticipated that the City Engineer would approve the B-412 curb
and gutter (which is a 4 inch high curb and 12 inch gutter) throughout the entire site as is being
proposed. Approval of the curb and gutter plan is subject to approval by the City Engineer. The
existing buildings are currently served by sewer and water and an evaluation of the drainage plan
is being undertaken by the City Engineer as well. A bio infiltration facility is planned to the west
of the BPG facility. The drainage and water run-off plans are subject to the Shingle Creek
Watershed Management Commission review and approval. It should be pointed out that all
parking and storage of vehicles must be on improved hard surface areas of bituminous or
concrete. No vehicle parking or storage may be in landscaped areas ather than the approved
display areas and improved surfaces in areas must be provided.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Commission to evaluate such plans. They have divided the site into two lots which they
label as Lot D which is 2.15 acres in area and is the BPG site essentially. The other lot is labeled
as Lot C and is 8.55 acres in area and is essentially the Chevrolet site. The BPG site requires 172
landscape points and the applicants propose to provide 205 points with a variety of shade trees,
coniferous �rees, decorative trees and shrubs. Five of the shade trees will be found along the 68�'
Avenue North green strip and are Red Mound Linden. An additional Red Mount Linden and two
Cut Leave Weeping Birch will be found by the Bio Infiltration facility. Five Austrian Pine and
two Prairie Fire Crabapple wi11 also be found in the green strip area along 68`� Avenue. Six
coniferous trees including five Colorado Spruce and one Austrian Pine will be around the Bio
Infiltration facility. Shrubs such as Dwarf Arctic Blue Willow, Isanti Dogwood and Yellow
Twig Dogwood will be in this rain garden area. Foundation shrubs including Russian Cypress,
Niagara Yew, and Blue Chip Juniper are included and Cardinal Red Dogwood, Dwarf European
Cranberry Bush and Neon Flash Spirea are included around the perimeter of the display areas.
Nineteen Redmond Linden are to be found around the green strips along 68�', Brooklyn
Boulevard and in an island planting area west of the Chevrolet building. Thirty-seven Austrian
Pine and Colorado Spruce are provided primarily in the western portion of the Chevrolet site in
7-17-08
Page 6
green strips and in the planting area west of the building. An island planting area conta.ining
Austrian Pine, Colorado Spruce as well as shrubs are in a planting area to the south of the
building between the building and I-94. The landscape plan exceeds the point system for both of
these lots and is considered acceptable.
BUII.IDNG
The applicant has submitted building elevations and floor plans for the proposed building
additions. The Chevrolet building will be primarily 4 ft. precast panels and EFIS reveals along
the four sides of the building. Storefront windows will be provided along the east elevation
(Brooklyn Boulevard) and the easterly portion of the south elevation and the northeast corner of
the building where a building addition is being made. Service doors will be provided along the
Brooklyn Boulevard portion of the site as well as at the west end of the building. The BPG
building will be of similar building material with the east elevation facing Brooklyn Boulevard
being considered the front of the building. The north elevation and west elevation will contain
storefront windows as well. Service doors will be found on the east and west elevations for the
service write up area and service doors for service bays will be located along the south wall of
the building as well.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles for lighting on the
site that appear to be consistent with Section 35-712 of the city ordinances. Twenty four foot
high light poles are provided around the entire site and in island areas and curb protected areas
throughout the two sites. City ordinances require that all exterior lighting be provided with
i lenses, reflectors or shades so as to concentrate illumination on the property. Our main concern
is that all lighting be shielded and directed on the site to avoid glare to abutting properties and
abutting street right of way and that it be consistent with the standards that are noted above. The
site will be well lit and the applicant will be responsible to avoid glare off the site.
A trash enclosure is provided in the center of the site, apparently to provide for both buildings.
No details are provided; however, the structure should be a masonry unit with sides high enough
to screen any trash containers from view and should include solid opaque gates to completely
screen the trash containers on the site.
PROCEDURE
State Statutes require the City to respond to zoning applications within a 60 day time limit from
the day a properly submitted application has been filed with the City. This application was filed
on 7une 19, 2008 and City Council action should be taken by August 18, 2008. Due to zoning
requirements for notice and publication, the application needs to be submitted approximately
four weeks prior to the Planning Commission's public hearing. 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 August 18, 2008.
I 7-17-08
Page 7
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post
and have been sent to surrounding property owners. The Planning Commission, following the
public hearing, may wish to consider a draft resolution which has been prepared for
consideration. The draft resolution outlines various possible findings with respect to the Planned
Unit Development and minimum cond2tions related to the development plan approval.
7-17-08
Page 8
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Junel9 2008
Mr. Ron W arren
Planning Department
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: PUD Application- The Luther Company, LLLP
Brooklyn Boulevard Developments
Dear Mr. Warren:
The Luther Company, LLLP is submitting its PUD application for the redevelopment of
two major p�arcels located at Brooklyn Boulevard and Hwy. 694. The properties located
at 4215 69 Ave. N. former Ta stee site 6700 Brooklyn Blvd. (former Ryan property),
Y
th
68Q0 Brooklyn Blvd. (Brookdale Buick, Pontiac, GMC property), 4101 69 Ave. N.
(former Gruenke properiy) and 4011 69 Ave. N. (former Dawson property) will
collectively be referred to as "Luther East Side Development." The properties at 6701
Brooklyn Blvd. (current Brookdale Chevrolet), 4301 68�' Ave N. (current Luther Credit
Solutions), and 4315 68� Ave. N. (former Porter Cable groperty) will collectively be
referred to as "Luther West Side Development."
In September, 2005, Luther had submitted a PUD application and was approved for the
Luther East Side Development site (not including 4101 and 4011 69 Ave. N.). At that
time, the plan had two phases. The first was to demolish the former Taystee building and
the buildings on the Ryan properties at 6700 Brooklyn Boulevard and locate all Chrysler
Jeep Dodge operations in the 6800 Brooklyn Boulevard store (was previously just a
Dodge facility). Facility modifications incorporating the Daimler Chrysler design
elements and changes to accommodate operation needs were also planned for the 68Q0
building. Phase II was to develop a future dealership site on the south side of the
property at 6700 Brooklyn Boulevard (former Ryan properties). At that time, it was not
known what dealership entity would occupy that space.
The R an buildin s were demolished in Febru 2006 and the Ta stee buildin
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demolished in December, 2006. A new opportunity occurred when The Luther
Company, LLLP purchased the Iten Chevrolet franchise in September, 2006. This
acquisition prompted a re-evaluation of the plans for the PUD approved in late 2005.
In 2Q06, vehicle manufacturers were actively consolidating franchises. These actions
created further evaluation for the plans of the PUD. Numerous discussions were held
regarding the future of Luther Dealerships in Brooklyn Center. It was decided that the
3701 ALABAMA AVENUE SOUTH ST. LOUIS PARK, MN 55416
tel: 952.258.8800 fax: 952.258.8900 web: www.lutherauto.com emait: info@lutherauto.com
il
two growing franchises, Toyota and Honda, would be best located on the east side of
Brooklyn Boulevard and that the two domestics, Chevrolet and Buick, Pontiac, GMC
(BPG} would occupy the west side maintaining the current location of Chevrolet. Two
additional properties (4101 and 4Q11 69�' Ave. N.} were purchased on the east side to
accommodate the spatial needs for Honda and Toyota.
Both developments require a rezoning to a PUD. First addressed is the Luther West Side
Development. The Luther Company has combined the Chevroiet operations from the
former Iten and Walser Chevrolet businesses. A major remodel and minor building
addition to the current Brookdale Chevrolet building is planned as a result. The remodel
is necessary to bring the building up to current codes, address customer and workflow
conveniences and to meet new manufacturer design element standards. The site will be
completely upgraded to include new paving, grading, curb gutter, site utilities,
lighting, landscaping, signage, removal of overhead utility lines (where feasible), and
relocation of a curb cut and removal of another. The second project is the creation of a
new BPG facility in the building on the 4301 68 Ave. N. site. This will be a complete
overhaul and addition to that building. This site will undergo the same upgrades as listed
for the Brookdale Chevrolet project. We believe the proposed changes wi11 allow for a
safer, logical flow of traffic on the site and bring it into compliance of current city zoning
requirements.
The PUD is necessary for a couple reasons. The first is to allow for a variance of the set-
back requirement of the property that aligns with Hwy. 694. To off-set this requirement
and in collaboration with City Staff, we will provide additional landscaping within the
site. The second reason for the PUD is the variance needed for yard set-back
requirements between the Chevrolet and proposed BPG parcels to accommodate the
inability to combine parcels due to different owner entities. The 6701 Brooklyn Blvd.
and 4301 68` Ave. N. properties are owned by Automotive Sales Service and not The
Luther Company, LLLP. But, the 4315 68 Ave. N. property is owned by The Luther
Company, LLLP. The expansion and remodel of the proposed BPG building on the
4301 68�' Ave. N. parcel places the set-back close to the 6701 Brooklyn Blvd. property
line. These variances wouid not create a substantial physical or zoning classification
change and the property remains suited for its use as a vehicle dealership. The set-backs
would be consistent with its current configuration and are compatible with surrounding
uses. This re-zoning will not result in the expansion of a zoning district and is consistent
with the Comprehensive Plan. The property is suited for these uses perxnitted in the
district relative to size, configuration, topography and location. We believe the proposal
demonstrates merit beyond the interests of the owners.
For the Luther East Side Development, rezoning to a PUD is also necessary for a couple
reasons. First, we would like to incorporate what were previously two residential
properties (4101 and 4011 69 Ave. N.) into this site. The remainder property is zoned
appropriately for automotive sales and service. Secondly, the service use will abut
residential property which also requires the rezoning. The vast majority of this property
has historically been used as an automotive site, so the proposed rezoning is consistent
and compatible with surrounding land use classifications. The rezoning does not propose
a major change in use and is consistent with the Comprehensive Plan. This property will
bear fully the ordinance development restrictions for this proposed zoning district with
the exception of the service area which abuts residential property. To accommodate this
situation, the portion of the property that abuts the residential zoning is fully screened by
an eight-foot high privacy fence and new areas affected will be likewise. This rezoning
will result in the expansion of the PUD, but, as previously mentioned, is consistent with
surrounding land use and demonstrates a solid interest in this community.
Development plans for the Luther East Side Development first includes the demolition of
the current BPG building at 6800 Brooklyn Soulevard. This will not occur until its new
facility across the street is completed. A new Brookdale Honda facility will be built on
that northern portion of the site and a new Toyota City facility will be built on the
southern portion (closest to Hwy. 694). These will be state of the art facilities each with
50,000 sq. ft. plus footprints showcasing the latest manufacturer design requirements and
customer accommodations. The Luther Company had recently built similar facilities in
Hopkins (Hopkins Honda) and Golden Valley (Rudy Luther Toyota).
The customer contact locations will f�ce Brooklyn Boulevard. The showfloors and
service drive aisles will be visible from the Boulevard making it easy for customers to see
their destinations. Vehicle service and car wash operations will occur in the back portions
of the buildings. Significant site work including new curb and gutter, paving, lot lights,
signage and landscaping will upgrade the site considerably. Yard and landscaping will be
in conformance with current City requirements on the entire perimeter of the property.
T'his is a complex project with timely sequential elements. It represents a significant
investment from the Luther Company to the City of Brooklyn Center. We have been a
part of this community for many decades and are excited about continuing our positive
working relationship with your city. Thank you for your consideration of this request.
Respectfully submitted,
`�..L
'�.J���� ��'�✓°�t
Linda McGinty
The Luther Company, LLLP
Director of Real Estate Development
i
City of �rooklyn C'enter
A Millennium Community
MEMORANDUM
DATE: July 9, 2008
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Luther Brookdale Chevrolet, Honda and Toyota
BRI MAR 2 ADDITION
Planning Commission Applications 2008-003, 2008-004 and 2008-005
Public Works Department staff reviewed the following preliminary documents submitted for review
under Planning Commission Applications 2008-003, 2008-004 and 2008-005.
Plan Set Titled: Luther Brookdale Chevrolet and Brookdale Buick Pontiac GMC, dated
June 9, 2008
Plan Set Titled: Luther Brookdale Honda and Toyota City Scion, dated June 19, 2008
Preliminary Plat Titled: BRI MAR 2 ADDITI4N, dated June 19, 2008
Preliminarv Plat (Annlication 2008-0041
The preliminary plat includes Lots 1 and 2, Block 1, Bri Mar Addition and a portion of Lot 3, Auditor's
Subdivision No. 25. Lot l, Block 1, Chrysler Realty Addition is also shown on the preliminary plat.
However, the land within the Chrysler Realty Addition boundary is not included in the proposed plat at
this time due to environmental remediation work being conducted within the parcel. This remediation
work is associated with a former land use.
The final plat for BRI MAR 2 ADDITION shall incorporate the following modifications and
conditions.
1. The proposed development site is adjacent to County State Aid Highway (CSAH) 152. A copy
of the preliminary plat was submitted to Hennepin County Transportation Planning Division for
review. The final plat must conform to requirements as set forth by Hennepin County.
2. The applicant shall provide the City with an executed copy of a shared access easement over Lot
1 of the proposed plat for a shared driveway access onto CSAH 152 at 68 Avenue North. The
shared access easement must be provided prior to release of the final plat.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Numbe�
Broohlyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494 Page 1 of 5
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C'ity of 13rooklyn Center
A Millennium Community
3. The final plat shall include 10-ft wide drainage and utility easements along the perimeter of the
plat and along internal property lines. The final plat shall also include a drainage and utility
easement extending over the boundary of the existing signal and utility easement per pocument
Nos. 3457153 and Document No. 3457154.
4. The applicant shall be responsible for coordinating site development �lans with Xcel Energy,
CenterPoint Energy, Qwest Communications and other private utility companies. Easements
necessary to provide utility service to the proposed site development shall be dedicated to the
public for public use with the final plat.
5. The property owner of Lots 1 and 2, Block 1 of the proposed plat shall enter into a utility
maintenance agreement with the City to provide for the long term maintenance of private
utilities and storm water facilities that will serve a joint or common use between lots within the
proposed plat. The utility maintenance agreement must be executed by the owner and the City
prior to release of the final plat.
Water and 5anitarv Sewer Utilitv Service
The Uti�ity Plans shall incorporate the following modifications for water and sanitary sewer service to
the two development sites.
1. All water and sewer services for the existing building scheduled for removal shall be properly
disconnected in conformance with City specifications prior to building demolition. The
applicant's contractor shall have all service disconnections inspected and approved by City
utility staff prior to backfill. This requirement shall apply to all building removals, including the
buildings located at 6800 Brooklyn Boulevard and 4315 68` Avenue.
2. The utility plans for the proposed Toyota Building (Application 2008-005, Lot 2, Bri Mar 2
Addition) shall be modified in accordance with the following items.
A. The utility plan shows an 8-inch diameter and 12-inch diameter water main extending
along the south property line adjacent to the highway exit ramp. City records indicate
the presence of an 8-inch diameter water main only. The plans shall be amended to
remove the reference to a 12-inch diameter water main along the south property line.
B. The applicant is proposing to remove the existing water main loop extending through
Lot 2. The utility plan shall be amended to show the existing water main extending
from the east property line to the water main located within Grimes Avenue. The plans
shall show the disconnection of this water main on the west side of the hydrant located
on the west side of Grimes Avenue and installation of a MJ plug.
C. The urility plan shall be amended to show the installation of a MJ plug on the existing
8x6 Tee along the south property line. Alternatively, staff recomrnends that the new 8-
inch diameter water main for the Toyota site connect to the existing 8x6 Tee with an 8x6
reducer. This arrangement would likely provide similar or improved flow capacity as
compared to the proposed 8-inch wet tap shown on the plans.
6301 Shi�zgle Creelz r1e�v utility plan shall be amended to �S�'d�tk"c��i�r�"��'l�it�y� �1��&�j�'���Cmber
Brooklyn Center, MN 55 0-21 9 763 -3400
City Halt TDD Numbe�r3°�}����G�3n'��t� lead near the PIV outsi�e������° building.
FAX (763) 569-3494 Page 2 of S
w w w. cityo fb rook lyncenter. org
E. The applicant shall provide inspection documenta.tion to utility staff for the private
sanitary sewer extending between the west property line and Grimes Avenue. This line
shall be inspected and video recorded with televising equipment to document pipe
condition, leaks, or infiltration of the service pipe.
3. The utility plans for the proposed Honda Building (Application 2008-005, Lot 1, Bri Mar 2na
Addition) shall be modified in accordance with the following items.
A. The utility plan shows a sanitary sewer manhole near the north property boundary at the
connection point to the existing sewer service. This structure will be a new manhole
installed by the developer.
B. The applicant shall consider starting the new water main installation upstream of the
proposed building service connections for the Honda building due to the age and
unknown condition of this service. The location of the proposed 8x6 reducer should be
shifted upstream of the proposed water main bend. All water main bends shall include
mega-lug restraints and proper thrust blocking.
C. The utility plan shall be amended to show a control valve on the 3-inch diameter
domestic service lead near the PN outside of the proposed Honda building.
4. The utiliry plans for the proposed Chevrolet, Buick, Pontiac, GMC site (application 2008-003)
i shall be modified in accordance with the following items.
A. The utility plan shall be amended to label the location and size of the existing water and
sanitary sewer services to the proposed Buick, Pontiac, GMC building. The water
service shown on the utility plan within 68 Avenue is an existing 6-inch diameter fire
line to the building. A separate domestic water service for the BPG building extends
from the main in the street along the east side of the building and enters the structure in
the southeast corner of the building. This water service includes a curb stop located near
the north property line.
B. T'he utility plan shall be amended to label the location and size of the existing water and
sanitary sewer services to the Chevrolet building. The water service leading to the
southeast corner of the building is an existing 8-inch diameter fire service line. The
water service currently labeled "Possible Watermain" is the domestic water service
leading to the water meter on the north side of the building. The applicant shall locate
and document the location of the existing sanitary sewer leading to the building.
C. The applicant shall contact the City's Fire Chief to discuss the need for additional fire
hydrants within the site.
5. The site plans shall be subject to the approval of the City Fire Chief and Building Official,
including hydrant spacing requirements and any other requirements of the Fire Department.
Page 3 of 5
Site Lavout and Traffic
Traffic access to Lots 1 and 2 of the proposed plat (Toyota and Honda Site) includes a signalized
intersection at 68 Avenue North along the west boundary of Lot 1(Honda) and a right-in right-out
access point along the west boundary of Lot 2(Toyota). The signalized intersection at 68 Avenue
North is intended to serve both Lots 1 and 2 through a driveway access agreement that rnust be amended
prior to release of the final plat. The site plans include two driveway access points along 69' Avenue,
including the existing access near Brooklyn Boulevard and the relocation of the east access to align with
the intersection of Halifax Avenue.
Traffic access to the exisring Chevrolet site includes one right-in right-out access point along Brooklyn
Boulevard that is proposed to be relocated approximately 50 feet north. The site plans indicate the
proposed removal of one driveway access along 68 Avenue that is currently located near the
intersection with Brooklyn Boulevard and the reconstruction of the two remaining access driveways
along 68 Avenue.
l. Hennepin County Transportation Department issued a letter dated June 12, 2008 indicating that
the proposed relocation of the driveway entrance along Brooklyn Boulevard for the Chevrolet
site is acceptable, based on the proposed closure of the above referenced driveway along 6g
Avenue. The applicant shall obtain a right-of-way permit from Hennepin County prior to
initiating relocation of the driveway entrance.
2. The site plans for the Honda/Toyota sites on the east side of Brooklyn Boulevard include the
installation of a turn lane within the median of 69 Avenue to allow westbound left turns mto
the site at Halifax Avenue. The proposed turn lane will improve safety conditions along 69`
Avenue. The applicant's engineer shall meet with City staff to further discuss final design
issues for the turn lane, including the extension of the median nose to the west and reduction in
the overall length of the turn bay.
3. The applicant shall take appropriate measures to protect and preserve all trees, landscaping
items, street lights and sidewalk within the public right-of-way and highway easements
extending along Brooklyn Boulevard (CSAH 152) and 69 Avenue North during site
construction.
4. All curb replacement adjacent to the perimeter of the site boundaries (Honda/Toyota and
Chevrolet sites) shall be Type B612 or B618 in accordance with City Ordinance Section 35-710.
The use of Type B412 curb is acceptable in locations not adjacent to the outer perimeter of the
redevelopment sites.
5. The site plans far the Honda/Toyota site and the Chevrolet site shall be amended to identify
specific locations that are reserved for the loading and unloading. of vehicle transport trucks.
Loading and unloading of vehicle transport trucks will not be allowed on public streets.
Page 4 of 5
Storm Water Mana�ement
The applicant has provided data showing that the proposed site improvements on the west side of
Brooklyn Boulevard (Chevrolet site) will result in a net decrease in impervious surface. The site plans
include a biofiltration facility and two underground storm water management vaults as part of the site
improvernents on the Chevrolet site.
The site plans for the east side of Brooklyn Boulevard (Honda/Toyota site) indicate that proposed
improvements will result in a net increase in impervious surface of 0.84 acres. The site plans include
the installation of two underground storm water vaults to manage runoff from the site.
1. Further details regarding the design of the underground storm water vaults shall be prepared and
submitted to City sta.ff for review and approval. The design of the underground vaults shall
include a section of the vault with a solid bottom, access hatch and floatable. skimmer capability
to assist in long-term maintenance of the structure.
2. The applicant shall apply directly to Mn/DOT for authorization to install the proposed storm
sewer outfalls within the Mn/DOT right-of-way.
3. The site plans are subject to review by the Shingle Creek Watershed Management Commission.
The applicant shall submit the proper watershed forms, plans and fees to City staff. The City
will forward the application materials to the Watershed Commission for review.
4 Erosion control measures shall be installed rior to initiatin construction work within the
p g
project sites.
5. An NPDES construction site erosion control permit must be obtained from the Minnesota
Pollution Control Agency prior to disturbing the site.
The above comrnents are provided based on the information submitted by the applicant at the time of
this review. Subsequent approval of the final plat and site plans may require additional modifications or
easement dedications based on engineering requirements associated with final design of the water
supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as
established by public officials having jurisdiction over approval of the final site plans.
Page 5 of 5
City of R.�aoklyn Center
Section 35-208 REZOPTING EVALUATION POLICY AND REVIEW GITIDELINES.
l. Purnose
The City Council fnds 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-
167, the City Council has established a rezoning evaluation policy and review guidelines.
2. Policv
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 ptanning 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
classi�cations?
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 permitted 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?
2) Public recreational buildings and parks, playgrounds and athletic
fields.
3) Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35-355. PLANNED IJNIT DEVELOPMENT.
Subdivision l. Puroose.
The puipose of the Planned Unit Development (PUD) district is to promote flexibilityin land
development and redevelopment, preserve aesthetically significant and environmentally
sensitive site features, conserve energy ar�d ensure a high quality of design.
Subdivision 2. Classification of PUD Districts: Perrnitted Uses; Annlicable Re�ulations.
I the district shall be desi ated b the letters
o ezonin for a PUD Y
a. Up n r g
"PUD" followed by the alphanumeric designation of the underlying zontng
district which may be either the prior zoning classification or a new
classification. In cases of mixed use PUDs, the City Council sha11, 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-MIXED."
b. Regulations governing uses and structures in PUDs shall be the same as those
ollowin
governing the underlying zoning district subject to the f g:
I
Re ations ma be modified ex ressl b conditions imposed by the
l. y P Y Y
Council at the time of rezorung 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 d.istrict.
City af Brooklyn Center 35-47 City Ordinance
i
c. For puxposes 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 zaning classification of the district. In the
case of a district zoned PUD-NIA'ED, the underlying zoning classification
shall be deemed to be the classification which allows as a perrnitted use any
use which is perxnitted in the PUD d.istrict and which results in the most
restrictive regulation of adjacent or nearby properties.
Subdivision 3. Develo�ment 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:
l. 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 ar 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. 3ndividual 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 measutes.
City of Brooklyn Center 35-48 City Ordinance
d. Parking provided for uses within a PUD shall be cansistent 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 parki.ng
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 continue this parking complementarity, or which are otherwise approved
by the City.
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 ane land use or a single housing type may be
permitted provided that it is otherwise consistent with the purposes and
obj ectives of tlus 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
subj ect to modifications from the City ordinances generally governing them.
The City Council may, therefore, approve streets, utilities, public facilities
and land subdivisions which are not in campliance 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, except that these subdivisions and
plans must be in conformance with all watershed, state, and federal storm
water, erosion control, and wetlands requirements.
Subdivision 5. Annlication 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 fonms and accompanied by such information
and documentation as the City may deem necessary ar convenient, but shall
include at a minimum the following:
City of Brooklyn Center 35-49 City Ordinance
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, including temporary and permanent erosion control
pravisions;
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;
8. A site plan showing the location of all structures and parking areas;
9. Building renderi.ngs or elevation drawings of a11 sides of all buildings
to be constructed in at least the first phase of development; and
10. Proposed underlying zoning classification or classifications.
Such infarmation may be in a prelimuiary form, but shall be sufficiently
complete and accurate to allow an evaluation of the development by the City.
b. The Planning Caminission shall hold a puhlic 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 develapment 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 35-210 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 Cauncil
shall base its actions on the rezoning upon the following criteria:
City of Brooklyn Center 35-50 City Ordinance
1. Compatibility of the plan with the standards, purposes and intent of
this section;
2. Consistency of the plan with the goals and policies of the
Comprehensiye Plan;
3. The impaet of the plan on the neighborhood in which it is to be
located; and
4. The adequacy of intemal 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 zaned PUD, the developer shall seek plan
approval pursuant to Section 35-230 of this ord.inance. In addition to the
information specifically required by Section 35-230, the develaper 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.
The plan submitted for approval pursuant to Section 35-230 shall be in
substantial compliance with the approved developznent plan. 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.
e. Prior to construction on any site zoned PUD, the developer shall execute a
development 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.
g. After approval of the development plan and the plan approval required by
Section 35-230, nothing shall be constructed on the site and no built�ing
permits shall be issued except in conformity with the approved plans.
City of Brooklyn Center 35-51 City Ordinance
h. If within 12 months following approval by the City Council of the
development plan, no building permits ha.ve been obtained or, if within 12
months after the issuance ofbuilding permits na construction has commenced
on the azea approved for the PUD district, the City Council may initiate
rezoning of the property.
i. Any maj or amendment to the development pla.n may be approved by the City
Council following the same notice and heari.ng procedures specified in this
section. An amendment shall be considered major if it involves any change
greater than that pernlitted by Subdivision Sd 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.
City of Brooklyn Center 35-52 City Ordinance
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s 'AOwrt"�pnY 1 sN 1p0 N ProJect No. MOT17703
A
1
Member K uyk e n d a 11 introduced the follawing resolution and moved its
adoption:
PL,A.NNING COMNIISSION RESOLUTION NO. 2008-02
RESOLUTION REGARDING TI� RECOMIv�NDED DISPOSITION OF
PLANNING COMIv1ISSION APPLICATION NO. 2008-003 SUBMITTED BY
THE LiJTHER COMPANY LLLP
WHE�2EAS, Planning Commission Application No. 2008-003 submitted by the
Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit
DevelopmendCommerce) of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 68� Avenue North and addressed as 6701 Brooklyn Boulevard, 430I 68� Avenue
North and 4315 68�' Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above property and
development p1ar� approval for the redevelopment and expansion of the existing Chevrolet building
and the remodeling and expansion of an existing building for a new Buick, Pontiac, GMC
dealership; and
WHEREAS, fhe Planning Commission held a duly called public hearing on July 17,
2008 when a staff report and public testimony regarding the rezoning and development plan were
received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
request in light of all tesrimony 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Genter to recommend to the City Council that Application No. 2008-003
submitted by the Luther Company LLLP be approved based upon the following considerations:
l. 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.
3. The utilizatian of the property as proposed under the Planned Unit Development
Rezoning is considered a reasonable use of the property and will conform with
Page 1
PC App 2008-003
ordinance standards except for allowing a waiver of the 40 ft. rear yard setback
requirement for 4301 68`� Avenue North and to allow green strip encroachments for
parking along I-94 and display pads with pergolas or railings along Brooklyn
Boulevard, 68�' Avenue and I-94 and to allow the three properties under different
ownership to be utilized as a single parcel of land without the benefit of replatting
the property into a single lot. 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
nin Ordinance are met
rezonin s as contained in Section 35 208 of the Cit s Zo
g Y g
and the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the Planning Advisory Com.mission of the City
of Brooklyn Center to recommend to the City Council that Application No. 2008-003 be approved i
subject to the following conditions and considerations:
l. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of building pernuts.
Z. Gradin draina e utilit and erosion control lans are sub'ect to review and
g� g, Y P J
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
deternuned based on cost estimates shall be submitted prior to the issuance of
building permits to assure completion of all required site improvements.
4. B-612 curb and gutter shall be provided around all parking and driving areas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
6. The building and building additions sha11 be equipped with automatic fire
extinguishing systems to meet NFPA standards and shall be connected to a central
i monitoring device in accordance with Chapter 5 of the City Ordinances.
Page 2
PC App 2008-003
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. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The owner of the property shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems as approved by the
City Engineer prior to the issuance of building pernuts.
11. All work performed and materials used for construction of utilities sha11 conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Department and obtain an NPDES construction
site erosion control pernut from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. 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 building
permits. Said 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 other conditions of approval. The agreement shall further assure compliance with
the development plans submitted with this application.
14. Appropriate cross access and parking agreements, as approved by the City Attorney
shall be executed and filed with the titles to the property allowing access between
6701 Brooklyn Boulevard, 430168`� Avenue North and 4315 68�' Avenue North
prior to the issuance of building pernuts for this project.
15. The applicant shall receive approval from the Shingle Creek Watershed
ent lans nor to the
Management Commission for their watershed managem p p
issuance of building permits for this project.
16. Modifications to allow green strip encroachments for decorative display pads,
pergolas and fencing as indicated on the approved plans are considered to be
acceptable provided they are properly maintained, do no cause clear view visibility
impediments and can be modified, changed or eliminated only with the approval of
the City of Brooklyn Center
Page 3
PC App 2008-003
17. The owner shall replat the property in accordance with Section 35-540 once
common ownership of the lots is attained.
7 v
Date Chair
A il �'.c.vcp.
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member R o c.h e
and upon vote being taken thereon, the following voted in favor thereof:
Ch�air Rahn, Commissioners Kuykendall, Leino and Roche
and the following voted against the same: N o n e
whereupon said resolution was declared duly passed and adopted.
Page 4
PC App 2008-003
I
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER
COMPANY LLLP
WHEREAS, Planning Commission Application No. 2008-003 submitted by the
Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUD/G2 (Planned Unit
Development/Commerce) of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 68�` Avenue North and addressed as 6701 Brooklyn Boulevard, 4301 68�'
Avenue North and 4315 68�' Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above property and
development plan approval for the redevelopment and expansion of the existing Chevrolet building
and the remodeling and expansion of an existing building for a new Buick, Pontiac, GMC
dealership;and
WHEREAS, the Planning Commission held a duly called public hearing on July
17, 2008 when a staff report and public testimoriy regarding the rezoning and development plan
were received; and
WHEREAS the Plannin Commission recommended a roval of A lication No.
g PP pP
2008-003 by adopting Planning Commission Resolution No. 2Q08-02 on July �17, 2008; and
WHEREAS, the City Council considered Application No. 2008-003 at its July 28,
2008 meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
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, the City's Comprehensive
Plan and the Planning Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2008-003 submitted by the Luther Company LLLP be
approved based upon 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.
RESOLUTION NO.
2. The Planned Unit Development proposal will a11ow for the utilization of the land in
uestion in a manner which is com atible with com limen to and of
q P P �'Y
compaxable 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 a waiver of the 40 ft. rear yard setback
requirement for 4301 68�' Avenue North and to allow green strip encroachments for
parking along I-94 and display pads with pergolas or railings along Brooklyn
Boulevard, 68�' Avenue and I-94 and to allow the three properties under different
ownership to be utilized as a single parcel of land without the benefit of replatting
the property into a single lot. 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
recomrr�endations 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.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that Application No. 2008-003 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 building 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
building pertnits to assure completion of a11 required site improvements.
i
RESOLUTION NO.
4. B-612 curb and gutter shall be provided around a11 parking and driving areas except
for where the City Engineer may authorize a lesser standaxd such as B-412 curb and
gutter in non-drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. The building and building additions shall be equipped with automatic fire
extinguishing systems 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. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guararitee.
10. The owner of the properiy shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems as approved by
the City Engineer prior to the issuance of building permits.
11. All work performed and materials used for construction of utilities sha11 conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Deparhnent and obtain an NPDES construction
site erosion control permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. The applicant sha11 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 building
permits. Said 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 other conditions of approval. The agreement shall further assure
compliance with the development plans submitted with this application.
14. Appropriate cross access and parking agreements, as approved by the City Attorney
shall be executed and filed with the titles to the property allowing access between
6701 Brooklyn Boulevard, 4301 68�' Avenue North and 4315 68�' Avenue North
prior to the issuance of building permits for this project.
RESOLUTION NO.
15. The applicant shall receive approval from the Shingle Creek Watershed
Management Commission for their watershed management plans prior to the
issuance of building permits for this project.
16. Modifications to allow green strip encroachments for decorative display pads,
pergolas and fencing as indicated on the approved plans are considered to be
acceptabie provided they are properly maintained, do no cause clear view visibility
impediments and can be modified, changed or eliminated only with the approval of
the City of Brooklyn Center
17. The owner sha11 replat the property in accordance with Section 35-540 once
common ownership of the lots is attained.
Julv 28, 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
'i
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25�` day of August, 2008 at 7:00
p.m, or as soon thereafter as the matter may be heard at the City Ha11, 6301 Shingle Creek
Parkway, to consider an Ordinance Ar�ending Chapter 35 of the City Ordinances regardin�
zoning classification of certain land (westerly of Brooklyn Boulevard between I-94 and 68
Avenue North).
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (WESTERLY OF BROOKLYN BOULEVARD BETWEEN
I-94 AND 68� AVENUE NORTI�
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section l. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35-1190. COMMERCE DISTRICT (C2). The following properties are
hereby established as being within the (C2) Commerce District zoning classification:
$�ee-��� „a �.r,,,.�-�.�„«,., n��,., �ra n aa;�;�„
711-cc+cpu�-6r�v���i�acrc�9i'� C'„1..a' AT.. '�G��JC�iv�--&S--�tyii6�Tt`�=cv"ziuia°v....:b
+�,o r,,,.ft, i;ro r a;��.,,,� i n ,.,.a� o.,�� fl�o_�,,,..�t,..,o�+ o
*t,o ,,,.�t, „�r +l,o „��..o ls;,.t,��>��,
o n� o
Lot 2, Block l, Northtown Plaza 2" Addition.
I
Th we 4' f k 2 rthtown Plaza 2" Addition.
e st 132. 6 o Lot 3 and Lot 4. Bloc No
Lots 1 and 2, Block 1, Northtown Plaza 3 Addition.
I
Lot l, Block 1, Brookivn Mobil Addition.
ORDINANCE NO.
Section 35-1240. PLANNED I.JNIT DEVELOPMENT DISTRICT (PUD). The
following properties are hereby established as being within a(PUD) Planned Unit Development
zoning classification:
4. The following properties are designated as PUD/C2 (Planned Unit
Development/Commerce):
Lots 1 and 2 and the East 83' of Lot 3. Block 3, Northtown Plaza 2" Addition
Section 2. This ordinance shall become effective after adoption and upon thiriy
days following its legal publication.
Adopted this day of 2008.
Mayar
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
'I
City Council Agenda Item No. lOb
COUNCIL ITEM MEMORANDUM
To: Curt Boganey, City Manager
y
From: Ronald A. Warren, Planning and Zoning Specialist y. t��`
Subject: Planning Commission Application No. 2008-004
Date: July 22, 2008
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
Background:
On the July 28, 2008 City Council Agenda is Planning Commission Application No. 2008-004
submitted by The Luther Company LLLP for Preliminary Plat approval to combine and divide
four existing lots into two lots on the east side of Brooklyn Boulevard between I-94 and 69`�
Avenue for the creation of two new automobile dealerships. This matter was considered by the
Planning Commission at their July 17, 2008 meeting and was recommended for approval.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2008-004 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.
Application Filed on 6-19-08
City Council Action Should Be
Taken By 8-18-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-004
Applicant: The Luther Company, T T"T "p
Location: 6700 and 6800 Brooklyn Boulevard and
4011 and 4101 69th Avenue North
Request: Preliminary Plat Approval
The applicant, The Luther Company, LLI.P, is requesting Preliminary Plat approval to combine
and divide four existing lots currently addressed as 6700 Brooklyn Boulevard (Lot 2, Block 1 Bri
Mar Addition), 6800 Brooklyn Boulevard (Lot l, Block l, Bri Mar Addition), 4011 69�' Avenue
North (Part of Lot 3, Auditor's Subdivision No. 25- Metes and Bounds Description), and 4101
69� Avenue North (Part of Lot 3, Auditor's Subdivision No. 25 Metes and Bounds
Description) into two lots for the purpose of building two new automobile dealerships on the
newly created lots proposed to be known as Lots 1 and 2, Block 1, Bri Mar 2 Addition.
The properties under consideration are currently zoned C-2 (Commerce) and R-3 (Multiple
Family Residence and are located along the easterly side of BrooklyndBoulevard between I-94
and 69� Avenue North. They are bounded on the north by 69�' Avenue; on the east by R-3 zoned
property containing a non-conforming single family home and a townhouse compelx along with
four R-1 zoned properties abutting Grimes Avenue North; on the south by I-94 right of way; and
on the west by Brooklyn Boulevard and the lot addressec� as 4215 69�' Avenue North. The two
proposed lots along with the lot addressed 4215 69`� Avenue North (Lot 1, Block l, Chrysler
Realty Addition) will make up what the applicant refers to as the "Luther East Side
Develo ment" see Plannin Commission A lication No. 200$-005 for the PUD proposal).
P g PP
The East Side Development along with the "Luther West Side Development" (see Planning
Commission Application No. 2008-003 for the PUD proposal) will make up a major
redevelopment by the Luther Companies for the east and west sides of Brooklyn Boulevard
between I-94 and 69`� Avenue.
A similar preliminary plat application and Planned Unit Development proposal were submitted
and approved in 2005 and 2006 by the City Council. The Luther Company, however, has
recently acquired the property at 4011 69�' Avenue North and wishes to incorporate this into their
east side development. This property is zoned R-3 (like 4101 69�' Avenue) and contains a non-
conforming single family home which will be demolished or relocated. They also plan to
demolish the existing Brookdale Buick, Pontiac, GMC building at 6800 Brooklyn Boulevard
once the remodeled facility on the west side of Brooklyn Boulevard is completed. This will
make way for a new Honda dealership to be built on the expanded site. Plans are also to
incorporate the lot at 4215 69�' Avenue North owned by Luther in to the Honda dealership lot.
Page 1
i 7_��_og
Generally, city ordinances require separate propreties that are contiguous and under common
ownership and common use to be combined into a single parcel through a plat or registered land
survey. This would normally be the appropriate time to accomplish such a combination but the
applicant, on the advice of their legal representative, is requesting they not be required to do so at
the present time because of potential environmental issues relating to the former Pilgrim Cleaner
site and potential groundwater and soils impact on the property in question. Appropriate cross
access and parking agreements along with a declaration approved by the City Attorney binding
this lot to the proposed Lot 1, Block l, Bri Mar 2 Addition should be filed with the titles to the
property. The waiver of the platting requirement is part of the Planned Unit Development
consideration under Application No. 2008-005.
The proposed new plat is to be known as Bri Mar Z Addition and will contain two new lots.
Lot 1(the Brookdale Honda site 6800 Brooklyn Boulevard} is proposed to be 301,016 sq. ft.
(6.9 acres) and Lot 2(the Toyota City site 6700 Brooklyn Boulevard) is proposed to be 361,109
sq. ft. (8.23 acres). The lot at 4215 69`� Avenue North is 54,860 sq. ft. (1.26 acres) and when
incoroporated with the Honda site will make an approximate 8.17 acre site for that use.
The two newly created lots will exceed the minimum requirements for lots in the C-2
(C�mmerce) underlying zoning district. Access to the proposed Lot 2 will be essentially the
same with a right in, right out access midway along Brooklyn Boulevard and a shared access wih
the proposed Lot 1 at the signalized intersection of 68�' Avenue North and Brooklyn Baulevard.
Access to Lot 1 will be at the shared access at 68`�Brooklyn Boulevard and a reconfigured.access
on 69� Avenue North across from the intersection of Halifax and 69� Avenue. The existing
access to the lot addressed 4215 69� Avenue North, will be in the same location providing access
to the proposed Honda dealership on Lot 1. An existing access to the proposed Lot 1 from 69�'
Avenue North will be closed as will the access currently serving 4011 69�' Avenue North.
Removal of and modifications to accesses along 69� Avenue will require to restoration of
sidewalk and curb and gutter in these areas. This will be the applicant's responsibility and will
be part of the plan considered under the Planned Unit Development in the companion application
(Application No. 2008-005).
The Director of Public Works/City Engineer is reivewing the preliminary plat and will make
written commnets which will be attached for the Conunission's review. Copies of the
preliminary plat have been forwarded to Hennepin County for review because Brooklyn
Boulevard is a county road. It should be noted that the County has preliminarily reviewed
accesses along Brooklyn Boulevard and is in agreement with the applicant's proposals. This plat
is more than five acres in area and is subject to Shingle Creek Watershed Management
Commission review. No on site water detention is planned for this development as storm water
will be sent to a regional facility located in the Palmer Lake basin area, which has been designed
to accommodate such a discharge.
Page 2
7-17-08
The properly line separating the new Lot 1 and Lot 2 has shifted to the north which may cause
the need for the access agreement between the two sites which has previousiy been established,
to be modified to allow cross access for the proposed Lot 2 over Lot l. An appropriate
agreement should be executed and filed at the time of the filing of the plat, if necessary.
Building permits for the proposed Honda and Toyota dealerships will not be issued until the final
plat comprehended under this application has been given final approval by the City Council and
filed with Hennepin County.
A public hearing has been scheduled for this preliminary plat and notice of the Planning
Commission's consideration has been published in the Brooklyn Center Sun/Post.
RECOMIVIENDATION
This preliminary plat is dependent upon the approval of the Planned Unit Development under
Planning Commission Application No. 2008-005. We believe the preliminary plat is in order and
approval is recommended subject to at least the following conditions:
l. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminary plat is contingent upon approval of Planning Commission
Application No. 2008-005.
4. Appropnate cross access and cross parking agreements and a dedication binding Lot l,
Block l, Chrysler Realty Addition to the proposed Lot l, Block 1, Bri Mar 2 Addition,
as approved by the City Atttorney shall be developed and filed with the titles to the
property.
5. T'he applicant shall provide the city with an executed copy of shared access easement
between the proposed Lots 1 and 2, Bri Mar 2 Addition prior to final plat approval to be
filed with the titles to the properties.
6. The applicant shall execute all easements required by the City Engineer for drainage and
utility puiposes prior to final plat approvaL
7. The applicant shall provide written certification from a Iicensed land surveyor that the
existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the
proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along
with the final plat.
Page 3
7-17-08
8. Building permits for construction of any of the buildings comprehended under Planning
Commission Application No. 2008-005 shall not be issued until the plat has been given
final approval by the City Council and filed with Hennepin County.
9. The existing house at 4011 69` Avenue North shall be demolished or removed from the
property and all utilities appropriately disconnected prior to final plat approval.
Page 4
7-17-08
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City Council Agenda Item No. lOc
COUNCIL ITEM MEMORANDUM
To: Curt Boganey, City Manager
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From: Ronald A. Warren, Planning and Zoning Specialist �..��1.-�
Subject: Planning Commission Application No. 2008-005
Date: July 22, 2008
Recommendation:
It is recommended that the City Council, following consideratian of this matter, approve the
application subject to the conditions and considerations recommended in Planning Commission
Resolution No. 2008-03. Attached for the City Council's consideration are:
l. Resolution Regarding the Recommended Disposition of Planning Commission
Application No. 2008-005 Submitted by The Luther Company LLLP.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain land (4011 and 4101 69�' Avenue North).
Background:
On the July 28, 2008 City Council Agenda is Planning Commission Application No. 2008-005
submitted by The Luther Company LLLP for rezoning from C-2 (Commerce) and R-3 (Multiple
Family Residence) to PUD/G2 (Planned Unit DevelopmendCommerce) and development plan
approval through the PUD process for two new automobile dealerships (Honda and Toyota) on
the east side of Brooklyn Boulevard between I-94 and 69� Avenue. This matter was considered
by the Planning Commission at their July 17, 2008 meeting and was recommended for approval
through Planning Commission Resolution No. 2008-03.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2008-005 and also 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,
Planning Commission Resolution No. 2008-03 and other supporting documents.
Budget Issues: There are no budget issues.
Application Filed on 6-19-08
City Council Action Should Be
Taken By 8-18-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-005
Applicant: The Luther Company T T T P
Location: 670Q and 6800 Brooklyn Boulevard anad 4011, 4101 and 4215 69th Avenue North
Request: Planned Unit Development Rezoning/Development Plan Approval PUD/G2
The applicant, the Luther Company LLLP, is requesting rezoning from C-2 (Commerce) and R-3
(Multiple Family Residence) to PUD/C-2 (Planned Unit DevelopmentlCommerce) and
development plan approval for five contiguous lots located on the easterly side of Brooklyn
Boulevard between I-94 and 69�' Avenue North currently addressed as 6700 and 6800 Brooklyn
Boulevard and 4011, 4101 and 4215 69th Avenue North. The purpose of the proposal is for the
development of two new automobile dealerships (Honda and Toyota) on two adjacent lots to be
created under Planning Commission Application No. 2008-004 (Preliminary Plat). The
properties are all currently zoned C-2 and/or R-3 and are bounded on the north by 69`� Avenue;
on the east by R-3 zoned property containing a non-confornung single family home and a
_townhouse complex along with four R-1 zoned properties abutting Grimes Avenue North; on the
south by I-94 right of way; and on the west by Brooklyn Boulevard. The two new lots proposed
to be created under Planning Commission Application No. 2008-004 and the lot addressed as
4215 69�' Avenue North (Lot 1, Block l, Chrysler Realty Addition) will make up what the
applicant refers to as the "Luther East Side Development", part of a major redevelopment and
expansion of the entire area (see also Planning Commission No. 2008-003).
BACKGROUND
The Luther Company has acquired all of the land for automobile dealership businesses in the area
on either side of Brooklyn Boulevard between I-94 and 69�' Avenue as well as two non-
conforming single family homes on 69`� Avenue. The major redevelopment includes the
remodelin and ex ansion of the Chevrolet dealershi at 6700 Brookl Boulevard and the
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remodeling and expansion of 4301 and 4315 68 Avenue North for a new location for the Buick,
Pontiac, GMC (BPG) dealership and will be what the applicant refers to as the "Luther West Side
Development" (Planning Commission Application No. 2008-003). Two new automobile
dealerships will be developed on the east side of Brooklyn Boulevard on reconfigured lots
including the two above mentioned residential lots which are proposed to be rezoned also to
PUD/G2. The existing building at 6800 Brooklyn Boulevard which is currently occupied by
Brookdale Buick, Pontiac, GMC will be demolished after the business is moved to the remodeled
and expanded building on the west side of Brooklyn Boulevard. A Honda dealership and a
Toyota dealership, the subject of this PUD application, will then be developed on the east side of
Brooklyn Boulevard on the newly created sites.
A similar Planned Unit Development Rezoning and development plan were submitted and
approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently
Pa e 1
g
acquired the property at 4011 69`� Avenue North and also wishes to incorporate this into their
east side redevelopment. This property contains a non-confornung single family home which is
slated to be demolished. As mentioned, they also plan to demolished the existing BPG building
at 6800 Brooklyn Boulevard after moving the business to the Luther West Side Development and
build a new Honda dealership on the expanded site and the Toyota dealership on the site to the
south that at one time had been primarily the site of Ryan Oldsmobile. The Luther Companies
have settled on the current plans represented in Planning Commission Application Nos. 2008-
003, 2008-004 and 2008-005 far the redevelopment. It is anticipated that future modifications
will be made to the current Brookdale Honda dealership located at 6801 Brooklyn Boulevard (the
northwest corner of 68 and Brooklyn Boulevazd).
The applicant has submitted a letter of application outlining the history of their involvement with
the properties in question, presenting their development proposal and their rational and
justification for their PUD and preliminary plat requests. (See June 19, 2008 letter from Linda
McGinty, Director of Real Estate and Development for the Luther Company, LLLP attachecl.)
The applicant is seeking the PUD/C-2 rezoning to accomplish the development proposal under
this application for a number of reasons. Under the current C-2 zoning, automotive repair is not
allowed to abut R-1, R-2 or R-3 zoned property at a property line or at a street line. Such
abutment exists and will continue to exist along the east property lines of the two new
automobile dealerships and also along the north side of 69� Avenue North. Redevelopment of
new automobile service areas, cannot go forward, other than under the PUD process, which can
comprehend such a modification. The applicant believes this modification can be offset by the
screening and buffering they will provide to these residential properties as part of their plan. It
should be noted that this same essential plan was approved by the City Council through two
previous PUD proposals submitted by Luther Companies in 2005 and 2006. The PUD process
was never totally completed and technically has not yet been approved necessitating their need to
proceed again through this process. It should be further noted that the PUD process was used to
allow expansion and redevelopment of the automobile service operation at Brookdale Chrysler
property at 62 and Brooklyn Boulevard and also the development of the Brookdale Mitsubishi
dealership with a service operation in the 7200 block of Brooklyn Boulevard where similar
residential abutment existed. The applicant is also seeking the PUD rezoning for a waiver from
the requirement that the lot at 4215 69� Avenue North (which is owned by Luther Companies) be
required to be combined into a single lot with the lot proposed for Brookdale Honda because they
are under coxnmon ownership and proposed for a common use. They note that they will provide
the ncessary cross access and parking easements to accomplish the flow of traffic through tl�e
sites and will agree to not convey the lots separately but have been advised by their legal
representative not to combine the lots because of potential environmental issues relative to the
migration of contaminants from the former Pilgrim Cleaner site which was at one time to the
west of this property. They also request to be allowed a slight encroachment into the 15 green
strip at the southwest corner of the Toyota site to allow a main display pad with a pergola and
fence with a"Welcome to Brooklyn Center" ground message at that location. This appears to be
appropriate provided it is properly maintained and only modified with the concurrence of the
City of Brooklyn Center.
7-17-08
Page 2
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of
land to the PUD designation followed by an alpha numeric designation of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures
within the Planned Unit Development. The rules and regulations governing that district (in this
case C-2) would apply to the development proposal. One of the purposes of the PUD district is
to give the City Council the needed flexibility in addressing development and redevelopment
problems. Regulations governing uses and structures may be modified by conditions ultimately
imposed by the City Council on�the development plans. As mentioned in this case, the applicant
will be seeking modifications to allow automotive repair to abut R-1, R-2 or R-3 zoned property;
to not be required to combine two parcels of land under common ownership proposed for a
common use; and a slight encroachment to the 15 ft. green strip at the southwest corner of the
proposed Toyota site for the purpose of a main display pad.
Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within an
established 35 ft. buffer strip, which will be all along the east sides of the two properties and has
proved to be sufficient and adequate screening and buffering for automotive repair uses which
have been conducted on these sites for over 40 years. They propose to provide an eight foot high
combination masonry and wood decorative fence along 69�' Avenue North in the green strip area
across tlie street from residentially zoned property. This for all practical purposes will be an
extension of the existing brick and wood screening fence that exists in this area and has provided
sufficient screening of the pazking and storage areas on these automobile dealership lots. A cross
access and parking arrangement for free flow of traffic between the site at 4215 69'� Avenue
North and the proposed Brookdale Honda operation appears to offset concerns regarding the
waiving of the platting requirement to combine this lot into a single lot at this time because of
common ownership and common use. At some point in the future, when there are no longer
environmental issues related to the old Pilgrim Cleaner site, the applicant should comply with
ordinance requirements and combine the Iots into a single parcel through platting or registered
land survey. In the meantime, the applicant should also agree to only convey these lots together.
The slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota
dealership appears to be appropriate and will convey a Welcome to Brooklyn Center ground
message at that location. The applicant should agree to properly maintain this display area and
only modify it with the concurrence with the City of Brooklyn Center.
The Planning Commission's attention is directed to Section 35-355 of the City's Zoning
d U it Develo
ments attach
ed
Ordinance, which addresses Planne n p
REZONIl�tG
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with
the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The
Policy and Review Guidelines are attached for the Commission's review. The applicant has
submitted written comments describing their proposal and has made written comments relative
to how they believe their proposal meets the guidelines.
7-17-08
Page 3
As with all rezoning requests, the Planning Commission must review the proposal based on the
Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The
policy states that rezoning 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 evaluation of this zoning proposal is very similar and almost identical to
that which was considered for the development of the east side of Brooklyn Boulevard in 2005
and 2006. Compliance with the guidelines was also re-evaluated under Planning Commission
Application No. 2008-003 which comprehends the Planned Unit Development proposal for the
west side of Brooklyn Boulevard between I-94 and 68�' Avenue North. It is not believed to be
necessary to go point by point through the Rezoning Evaluation Guidelines, however, the
Commission should evaluate the proposal based on those guidelines. The applicant notes in their
written comments, that the proposal is consistent with the City's Comprehensive Plan, that the
property is suited for these uses in the district relative to size, configuration, topography and
location. They also believe the proposal demonstrates merit beyond the interests of the owners.
They point out that the vast majority of the property has historically been used as an automobile
sale, service and repair use so the proposed rezoning can be considered consistent and compatible
with surrounding land use_classifications. They add that the rezoning does not propose a-ma1or
change in use and is consistent with the Comprehensive Plan. The property will bear fully the
ordinance development restrictions for the proposed zoning district with the exception of the
modifications they are proposing which can be offset or mitigated by various factors contained in
the plan. They comment on other physical features of the plan which they feel are consistent
with the Rezoning Evaluation Policy and Review Guidelines.
We would concur with the comments made by the applicant and believe that this major
redevelopment of the automobile dealerships in the area on Brooklyn Boulevard between I-94
and 69�' Avenue are an appropriate and much anticipated redevelopment of this area. It is
consistent with the City's Comprehensive Plan and we believe the proposal does balance the
business needs of the community with that of sunounding properties. It is not anticipated that
the proposal will be a detriment, but, on the other hand, it should be a positive factor in
providing a positive effect on the community. It is also believed that the proposal can be
considered consistent and compatible with surrounding land use classifications. The
modifications requested can be appropriately offset or modified by the plan submitted and it
appears that the proposal does have merit beyond just the particular interests of the developer and
should be considered a redevelopment that can be considered compatible with the surrounding
land uses and the City's Comprehensive Plan. It should be noted that the automobile dealerships
in the area have been a stable commercial use in this part of Brooklyn Center for well over 40
years and there is no direction to attempt to change these land uses but only to upgrade them.
The applicant's proposal can be considered in the best interest of the community given the plans
that are being submitted.
7-17-08
Pa e 4
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SITE AND BUII.DING PROPOSAL
As mentioned previously, the applicant is proposing the development of two new automobile
dealerships on the easterly side of Brooklyn Boulevard between I-94 and 69�' Avenue North.
Two new lots are proposed to be created under Planning Commission Application No. 2008-004
(Preliminary Plat). The northerly lot, the proposed Lot l, Block 1, Bri Mar 2 Addition along
with 4215 69� Avenue North will make up an 8.17 acra site for the development of the new
Honda Dealership to be addressed as 6800 Brooklyn Boulevard. The proposed Lot 2, Block l,
Bri Mar 2 Addition is an 8.23 acre site for the development of a new Toyota dealership to be
addressed as 6700 Brooklyn Boulevard. An existing single family home along 69�' Avenue will
be demolished and the building currently housing Brookdale BPG will also be demolished
following the relocation of that business to the west side of Brooklyn Boulevard once those
improvements are completed. The new dealerships will be located roughly in the middle of the
newly created sites with the Honda Building being a 53,277 sq. ft. showroom, office, service
operation and sforage facility with a second floor over a portion of the building. The Toyota
building will be 56,521 sq. ft. containing showroom, office, service operation and storage
facilities also with a second floor over a portion of the building.
We have previously mentioned the modifications to ordinance standards the applicant is
proposing through the PUD process. These include allowing an autamobile repair facility
abutting R-1, R-2 or R-3 zoned property; waiving the requirement to combine 4215 69�' Avenue
North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and
common use; and a slight encroachment into the 15 ft. green strip at the southwest corner of the
Toyota site to allow a decorative main display pad with a pergola and a fence and a"Welcome to
Brooklyn Center" ground message. Recommendations will be offered as we review applicable
parts of the plan.
ACCESS/PARKING/GREEN STRIPS
There will be four access points to the two sites. A right in, right out access to the Toyota
property about midway between I-94 and the 68�' Avenue intersection with Brooklyn Boulevard.
A shared access between the Honda and Toyota sites at the 68�' Avenue signalized intersection.
The location of an existing access on 69�' Avenue at the median break and across from the access
to the commercial center on the north side of 69`� and a new access on 69`� Avenue at the median
break at Halifax Avenue North. An existing access on 69`� serving the home at 4011 69`�
Avenue will be closed, necessitating the need to make permanent improvements of curb, gutter,
sidewalk and turf by the developer. Internal access between the two dealerships will be
established necessitating the need for cross access agreements between the two sites. Minimum
15 ft. green strips will be established along all street right of way for the two sites. This is
different from the 2005 and 2006 plans which anticipated some encroachments on the 15 ft.
green strips. A 35 ft. buffer strip bound by curb and gutter will be established all along the east
property lines of the sites where the dealerships abut with R-3 zoned properties.
Parking for the site is based on a combination of parking formulas. The retail parking formula of
5:5 park�ng spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the
office parking formula of one space for every 200 sq. ft. gross floor area for the service/office
7-17-08
Page 5
portions of the buildings; three spaces for every service bay and one space for every service bay
employee for the service garage area; one space for every 800 sq. ft. of gross floor area for
strictly storage area; and two parking spaces for service vehicles. Required parking for the
Honda site is 300 parking spaces based on 34 service bays (102 spaces}; 40 service employees
(40 spaces); 11,590 sq. ft. of service/office space (58 spaces); 14,400 sq. ft. showroom/retail
space (79 spaces); 15,510 sq. ft. of strictly storage space (19 spaces); and two s
ervice
vehicles.
There are 5�7 parking spaces provided on the Honda site.
Required parking for the Toyota property is 354 parking spaces based on 38 service bays (114
spaces); 45 service employees (45 spaces); 12,730 sq. ft. service/office space (64 spaces); 20,379
sq. ft. showroom/retail (112 spaces): 13,785 sq. ft. strictly storage space (17 spaces); and two
service vehicles. There are 624 spaces provided on the Toyota site.
Modification to the green strip requirement is being requested to allow an encroachment at the
southwest corner of the Toyota site to allow for a decorative main display pad containing a
pergola and fence along with a"Welcome to Brooklyn Center" ground message. This appears to
be an appropriate decorative display even highlighting Brooklyn Center, provided the display is
properly maintained, and if it is to be modified or changed, only with the concurrence of the City.
GRADTNG/DRAINAGE/UTILITIES
The applicant has provided preliminary grading, drainage, utility and erosion control plans which
are being reviewed by the Director of Public Works/City Engineer. His comments relative to
these items are attached for the Commission's review.
B-612 curb and gutter is required around all parking and driving areas per city ordinance. The
applicant has indicated a desire to provide B-412 curb and gutter in certain areas on the site. The
Cit En ineer has reviousl indicated that B-412 curb and gutter (which is a 4 in. high curb and
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Generally, it is my understanding, that B-612 curb and gutter should be provided around the
perimeter of the site and B-412 curb and gutter might be used in other locations depending upon
the recommendations of the City Engineer.
Drainage from these sites will be directed to a. regional storm water pond that is located in the
Paltner Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle
Creek Watershed Management Commission at the time the regional pond was developed. It is
assumed that calculations will have to be submitted to the City Engineer in order to determine the
i adequacy of the ponding area to handle drainage from the site.
It should be noted that all parking and storage of vehicles must be on an approved hard surface
area of bituminous or concrete. No vehicle parking or storage may be in landscaped or
unimproved areas on the sites or within the green strips adjacent to street right of way other than
in the locations designated on the plan and approved as part of this Planned Unit Development.
�-1�-os
I �I Page 6
LANDSCAPING/SCREENING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. The 8.17 acre Honda site requires 530
landscape points. They plan to retain up to 22 existing shade trees, five coniferous trees and four
decorative trees on the site and provide 351 more points for a total of 607 landscape points. Ten
new Red Mount Linden will be planted in island areas north and west of the building; four
Prairie Fire Crabapple trees are to be planted in the 69� Avenue green strip on both sides of the
westerly access. Conifers including Austrian Pine and Colorado Spruce are to be planted in the
easterly buffer area. Foundation, island and display area shrubs including Dwarf European
Cranberry bush, Neon Splash Spirea, Russian Cypress, Bluechip Juniper and Niagara Yew.
The Toyota site is required to have 5381andscape points. They propose to provide 554 points by
retaining four existing shade trees and adding 17 more shade trees (Red Mound Linden) in the 35
ft. buffer area on the east side of the property; the I-94 and Brooklyn Boulevard green strips and
in islands in the front of the building. Four Prairie Fire Crabapple will be planted in the
Brooklyn Boulevard green strip, two on each side of the right in, right out access; 34 conifers
(Austrian Pine and Colorado Spruce) will be planted in the 35 ft. buffer area on the east side of
the property. Over 268 shrubs are to be planted around the perimeter of the building in island
areas on the north, west and south sides of the building and by the display areas at various
locations. The landscape plan exceeds the minimum points required. Underground irrigation is
required in all landscaped areas to facilitate site maintenance. It is recommended that the
irrigation system cover the Boulevard areas in Brooklyn Boulevard and 69� Avenue including
the remaining portion of the old Pilgrim Cleaner site which is labeled "no irrigation".
With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C-2
property abuts R-1, R-2 or R-3 zoned property at a property line. Such a buffer will be
established along the west sides of the site where abutment with R-3 and R-1 property will exist.
An 8 ft. high wood fence will be established and/or continued along the east side of the two
properties. Along the north green strip there is an existing wood fence with brick piers which
will be continued ancl expanded along the north property Iine of the Honda site to screen the
parking areas from the R-1 residential area on the opposite side of 69�' Avenue.
BUII.DING
The applicant has submitted building elevations and floor plans for the two proposed buildings
additions. The building exterior for the Honda building contains insulated precast concrete
panels and EIFS to match these concrete panels and a silver and Honda Blue aluminum
composite panels. A painted steel canopy will be provided on the front elevation. Display
windows are on the front (west elevation) and parts of the north and south elevations. Service
doors will be to the back (east elevation) with the service write up area on the south side of the
building and car wash bays will be located at the northeast corner of that building.
The Toyota building will be precast concrete panels with EIFS to match along with aluminum
composite panels and metal cap flashing. Display windows are to be on the front (west) and
portions of the north and south elevations. Service doors will be the rear (east elevations) of the
7-17-08
Page 7
site. The service write up area for this building is to be on the north end with service doors
entering and exiting the area. Car wash bays are to be at the southeast corner of the building.
Both buildings have a second story floor over a portion of the buildings.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles that are consistent
with Section 35-712 of the city ordinances. They propose the same light fixtures that are to be
provided on the Chevrolet and Buick, Pontiac, GMC buildings on the west side of Brooklyn
Boulevard. The light standards shown will be twenty four feet in height and of different varieties
all are to be a cut off type light to direct illumination down onto the site. City ordinances require
that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate
illumination on the property. Illumination is not permitted at an intensity level greater than 3
foot candles measured at property lines abutting residentially zoned property. A review of the
plan shows that this foot candle level will not be exceeded where the sites abut with the R-3 and
R-1 properties ta the east. Our main concern is that all lighting be shielded and directed on the
site to avoid glare to abutting properties and abutting street right of way and that it be consistent
with the standards that are noted above in city ordinances. Their lighting plan indicates that they
will comply with ordinance standards on the two new developed sites.
Trash container areas a're shown on each of the two lots. In the case of the Honda building, it
will be the east of the building and to the southeast of the Toyota building. No details as to
materials are provided. We would recommend a masonry structure sufficient in height to
completely screen trash containers from view and contain solid opaque gates.
PLATTING
A preliminary plat has been submitted under Planning Commission Application No. 2008-004
which will replat into two new lots at 6700 and 6800 Brooklyn Boulevard. As indicated
previously, the applicant is requesting that it not be required to combine the property addressed
as 4215 69�' Avenue with the 6800 Brooklyn Boulevard lot to be created. We have requested
that appropriate cross access and parking agreements be established between this site and the
6800 Brooklyn Boulevard site to accommodate the site flow as indicated in the plans submitted.
The reason the applicant is requesting that it not be required to combine the lot with the main lot
is based on legal representation that has been made to them that they not be required to combine
this lot at the present time because of potential environmental issues relating to the former
Pilgrim Cleaner site and potential groundwater or soils impacts on the property in question.
Given appropriate cross access and parking agreements being executed in a manner
recommended by the City Attorney, we believe that this requirement can be waived at this time.
Once the environmental issues have been clarified, it would be appropriate for the applicants to
replat the property into a single lot and this should be a condition of approval.
PROCEDURE
State Statutes require the City to respond to zoning applications within a 60 day time limit from
the day a properly submitted application has been filed with the City. This application was filed
7-17-08
Page 8
on June 19, 2008 and City Council action should be taken by August 18, 2008. Due ta zoning
requirements for notice and publication, the application needs to be submitted approximately
four weeks prior to the Planning Commission's public hearing. 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 August 18, 2008. Almost 30 days of the 60 day time frame will have
expired before the Planning Commission can hold its public hearing. This requirement makes it
difficult for the City to hold Neighborhood Advisory Group meetings as they have in the past
The Council, because of this, decided that the neighborhood Advisory Group process should not
be pursued.
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post.
The Planning Commission, follawing the public hearing, may wish to consider a draft resolution
which has been prepared for consideration. The draft resolution outlines various possible
findings with respect to the Planned Unit Development and minimum conditions related to the
development p�an approval.
7-17-08
Page 9
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Member R oc h e introduced the following resolution and moved its
ado tion:
P
PLANNING COMNIISSION RESOLUTION NO. 2008-03
RESOLUTION REGARDING THE RECONIlv1ENDED DISPOSITION OF
PLANNING CONIlVIISSION APPLICATION NO. 2008-005 SUBMITTED BY
THE LUTHER COMPANY T "T "T "p
I WI-�REAS, Planning Commission Application No. 2008-005 submitted by the
Luther Company LLLP proposes re2oning. from G2 (Commerce) and R-3 (Multiple Family
Residence) to PUD/G2 (Planned Unit Development/Commerce) of five contiguous lots located on
the easterly side of Brooklyn Boulevard between I-94 and 69�' Avenue North and addressed as 6700
Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69�' Avenue North and 4101 69`� Avenue
North; and
I WI�REAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval of two new automobile dealerships (Honda and Toyota)
on two adjacentlots; and
WHEREAS, the Planning Commission held a duly called public hearing on July 17,
nt lan were
2008 when a staff report and public testimony regarding the rezomng and developme p
i received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
request in light of all testimony zeceived, the guidelines for evaluating rezonings contained in
Section 35-2Q8 of fhe City's Zoning Ordinance, ttie provisions of the Planned Unit Development
ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's
Comprehensive Plan.
D b the Plannin Adviso Commission
NOW, THERF.FORE, BE IT� RESOLVE y g rY
of the City of Brooklyn Center to recommend to the City Council that Application No. 2008-005
submitted by the Luther Campany LLLP be approved based upon the following considerations:
l. 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 a11ow for the utilization of the land in
question in a ma.nner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those pernutted on surrounding
land.
Pa e 1
g
PC App 2008-005
I
I
3. The utilization of the property as proposed under the Planned Unit Development
Rezoning is considered a reasonable use of the property and will canform with
ordinance standards except for allowing automobile repair to abut residential
property; not requiring two parcels that are under common ownership and proposed
for common use to be required to be replatted into a single lot; and allow a slight
encroachment at the southwest corner of the Toyota site to allow a main display pad
with a pergola and fence with a"Welcome to Brooklyn Center" ground message.
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 o� 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 Iong range use of the
e�cisting 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
rezanings 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.
BE TT FURTHER RESOLVED by the Planning Advisor}� Commission of the City
of Brooklyn Ceriter to recommend to the City Council that Application No. 2008-005 be approved
subject to the following conditions and considerations:
1. The building plans are subject to review and approval by the Building Off'icial with
respect to applicable codes prior to the issuance of building 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
building perm.its to assure completion of all required site improvements for both the
Brookdale Dodge properties and the old Ryan Olds property.
4. B-612 curb and gutter shall be provided around all parking and driving areas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-drainage areas.
5. Any out�ide trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
Page 2
PC App 2008-005
6. The building and building additions shall 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 Ciry
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The owner of the property shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems as approved by the
City Engineer prior to the issuance of building permits.
1 l. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Department and obtain an NPDES construction
site erosion control pernut from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. No building permit wiil be issued for construction of the proposed buildings until
the plat comprehended under Planning Commission Application No. 2008-004 has
been given final approval by the City Council and filed with Hennepin Counry.
14. 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 building
permits. Said agreement shall be filed with the title to the property and sha11
acknowledge the specific modifications to the G2 underlying zoning district as well
as other conditions of approval. The agreement shall further assure compliance with
the development plans submitted with this application.
15. Madifications to allow a slight encroachment into the 15 ft. green strip at the
southwest corner of the Toyota site to allow a main display and "Welcome to
Brooklyn Center" ground message is considered acceptable provided the display is
properly maintained and may be modified or changed only with the approval of the
City of Brooklyn Center.
Page 3
I PC A 2Q08-005
PP
I
i
16. The owner shall enter into cross access and parking agreements; as approved by the
City Attorney, between the site addressed as 4215 69`� Avenue North and 6800
Brooklyn Boulevard. Said easements shall be executed and filed with the titles to
the properties prior to the issuance of building permits.
17. The plans shall be modified to acknowledge extension of underground irrigation to
cover boulevard areas including the area at the northwest corner of the site that was
once Pilgrim Cleaners.
18. The owner shall replat the proposed Honda property in accordance with Section 35-
540 once the environmental issues associated with it have been clarified.
v Chair
Date
A T.
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
K uyk e n d a 11 and upon vote being taken thereon, the following voted in favor ihereof:
Chair Rahn, Commissioners Kuykendall, Leino and Roche.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
Page 4
PC App 2008-005
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2008-005 SUBMITTED BY THE LUTHER
COMPANY LLLP
WHEREAS, Plaiuung Commission Application No. 2008-005 submitted by the
Luther Company LLLP proposes rezoning from G2 (Corrunerce) and R-3 (Multiple Family
Residence) to PUD/C-2 (Planned Unit DevelopmentlCommerce) of five contiguous lots located on
the easterly side of Brooklyn Boulevard between I-94 and 69�' Avenue North and addressed as
6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69�' Avenue North, and 4101 69
Avenue, 4011 69�' Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval of two new automobile dealerships (Honda and Toyota)
on two adjacent lots; and
WHEREAS, the Planning Commission held a duly called public hearing on July
17, 2008 when a staff report and public testimony regarding the rezoning and development plan
were received; and
WHEREAS, the Planning Commission recommended approva.l of Application No.
2008-005 by adopting Planning Commission Resolution No. 2008-03 on July 17, 2008; and
WHEREAS, the City Council considered Application No. 2008-005 at its July 28,
2008 meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
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, the City's Comprehensive
Plan and the Planning Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2008-005 submitted by the Luther Company LLLP be
approved based upon the following considerations:
l. The Planned Unit Development is compatible with the standards, purposes and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
RESOLUTION NO.
2. The Planned Unit Development proposal will a11ow 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 automobile repair to abut residential
property; not requiring two pazcels that are under common ownership and
proposed for common use to be required to be replatted into a single lot; and allow
a slight encroachment at the southwest corner of the Toyota site to allow a main
display pad with a pergola and fence with a"Welcome to Brooklyn Center" ground
message. 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.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that Application No. 2008-005 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 building 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
building permits to assure completion of all required site improvements for both the
Brookdale Dodge properties and the old Ryan Olds property.
i
RESOLUTION NO.
4. B-612 curb and gutter shall be provided around all parking and driving areas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-dxainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. The building and building additions shall 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. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The owner of the ro e shall enter into an easement and a eement for
P P rtY b�'
maintenance and inspection of utility and storm drainage systems as approved by
the City Engineer prior to the issuance of building permits.
11. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Department and obtain an NPDES construction
site erosion control permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. No building permit will be issued for construction of the proposed buildings until
the plat comprehended under Planning Commission Application No. 2008-004 has
been given final approval by the City Council and filed with Hennepin County.
14. The applicant sha11 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 building
permits. Said agreement shall be filed with the title to the property and shall
acknowledge the specific modifications to the C-Z underlying zoning district as
well as other conditions of approval. The agreement shall further assure
compliance with the development plans submitted with this application.
RESOLUTION NO.
15. Modifications to a11ow a slight encroachment into the 15 ft. green strip at the
southwest corner of the Toyota site to allow a main display and "Welcome to
Brooklyn Center" ground message is considered acceptable provided the display is
properly maintained and may be modified or changed only with the approval of the
City of Brooklyn Center.
16. The owner sha11 enter into cross access and parking a�reements, as approved by the
City Attorney, between the site addressed as 4215 69 Avenue North and 6800
Brooklyn Boulevard. Said easements shall be executed and filed with the titles to
the properties prior to the issuance of building permits.
17. The plans sha11 be modified to acknowledge extension of underground irrigation to
cover boulevard areas including the area at the northwest corner of the site that was
once Pilgrim Cleaners.
18. The owner shall replat the proposed Honda properiy in accordance with Section 35-
540 once the environmental issues associated with it have been clarified.
Julv 28. 2008
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 thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
Notice is hereb iven that a ublic hearin will be held on the 25�' da of Au st, 2008 at 7:00
Yg p g Y
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
zoning classification of certain land (4011 and 4101 69�' Avenue North).
A�iliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (4011 AND 4101 69� 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 35-1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The
following properties are hereby established as being within the (R3) Multiple Family Residence
District zoning classification:
The easterly �13 451.025 feet of that part of Lot 3, Auditor's Subdivision No. 25,
lying north of a line parallel with and distant 289.74 feet south from the centerline of
69�' Avenue North, formeriv County Road No. 130.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication
EfFective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
s
NIINUTES OF THE PROCEEDINGS OF TI� PLANNING COMNIISSION
OF THE CITY OF BROOKLYN CENTER lN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 17, 2008
CALL TO ORDER
The Planning Corrunission meeting was called to order by Chair Rahn at 7:05 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, and Tim Roche
were present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass.
Commissioners Rachel Lund and Della Young were absent and excused.
APPROVAL OF MINUTES MAY 15, 2008
There was a motion by Commissioner Roche, seconded by Commissioner Parks,
to approve the minutes of the May 15, 2008 meeting as submitted. The motion passed.
Commissioners Leino abstained since he was not present at the meeting.
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. 2008-003 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-003, a request for rezoning from G2 (Commerce)
to PUD/C-2 (Planned Unit Development /Commerce) and development plan approval through
the PUD process of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 68 Avenue for the redevelopment and expansion of the existing Chevrolet site
and a new Buick, Pontiac, GMC Dealership.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-003, attached}. Mr. Warren explained that this
sents the first ste in a ma'or redevelo ment by the Luther Company for both sides
r osal re re P
P oP P P J
of Brooklyn Boulevard between I-94 and 69�' Avenue.
7-17-08
Page 1
APPLICATION NO. 2008-004 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-004, a request from The Luther Company LLLP
for preliminary plat approval to combine and divide four existing lots into two lots on the east
the creation of two new
wee I-94 and 69
Avenue far
side of Brooklyn Boulevard bet n
automobile dealerships.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Directar of Pubhc Works'
memo dated 7-9-08 for Application No. 2Q08-004, attached.) Mr. Warren explained that a
1 ment ro osal w
ere submitted and
re ''nar lat a lication and Planned Unit Deve o
similar p limt y p pp P P P
approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently
acquired the property at 4011 69�' Avenue North and wishes to incorporate tl�is into their east
side development.
APPLICATION NO. 2008-005 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-005, a request from the Luther Company LLLP for
rezoning from G2 (Commerce) and R-3 (Multiple Family Residence) to PUD/G2 (Planned Unit
DevelopmentlCommerce) and development plan approval through the PUD process for two new
automobile dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between I-
94 and 69 Avenue.
Mr. Warren presented the staff report describing the locat�on of the property and the proposal.
(See planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-005, attached). Mr. Warren explained that a similar
Planned Unit Development Rezoning and development plan were submitted and approved in
2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the
ro ert at 4011 69�' Avenue North and also wishes to inco orate this into their east side
rP
P P Y
redevelopment. This property contains a non-confornung single family home which is slated to
be demolished.
Chair Rahn asked for further clari�cation regarding the parcel not being combmed with the
others and what the situation is regarding clean up of the site.
Mr. Warren responded that the building on the site will be removed and a finding from the PCA
will be provided to confirm that the property has been cleaned up.
i PUBLIC HEARING APPLICATION NOS. 2008-003, 2008-004 AND 2008-005
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to open the
public hearing on Application Nos. 2008-003, 2008-004 and 2008-005, at 9:05 p.m. The motion
passed unanimously.
Chair Rahn called for comments from the public.
Mr. John Baker, (Architect for Baker Associates) 150 So 5� Street, Minneapolis, and Linda
McGinty (Director of Real Estate Development for the Luther Company), 3701 Alabama Ave
I
8-17-06
Page 2
So, St. Louis Park, introduced themselves to the Conunission. Mr. Baker stated he would
present an architectural overview of the proposal. Mr. Baker noted that it had been suggested by
City staff to install B-612 curb and gutter on the entire site and he explained the reason for
proposed use of B-412 curbs in the parking areas of the lots to is to eliminate damage to new
vehicles caused by the higher curbs.
Mr. Baker also stated they have a problem with the condition of approval regarding the
requirement to provide underground irrigation on the corner lot at 69`� and Brooklyn Boulevard.
He explained that it is a MPCA superfund site owned by Hennepin County and at this time does
not appear to be maintained by anyone. Mr. Warren concurred that the parcel is not currently
being maintained by anyone but this would be an opportune time to improve the look of the
corner by extending irrigation. He stated that irrigation on the Luther property be situated such
that it include the property in question without having to disrupt the site. He did not think there
would be objections to such a proposal from the County or MPCA.
Mr. Baker further gave an overview of the site layout and explained why they have proposed to
place more landscaping on the site rather than along the perimeter. He added that by placing it
along the interior of the site it would allow them to screen some parts of the building and storage
areas to make it appear more attractive.
Mr. Baker pointed out that these are manufactured prototype buildings that are required to
include certain elements of design per the auto maker's requirements. He then compared the
current buildings on the sites and how it would compare after construction.
Commissioner Leino addressed Ms. McGinty and Mr. Warren and asked if there would be any
soil testing done on this site prior to construction. Mr. Waxren responded that any soil issues
found during construction would be taken care of.
Ms. McGinty stated that there had been Phase I and Phase II testing prior to their purchasing the
site and all issues have been addressed as well as removal of any underground hoists and tanks.
She further stated that anything discovered during the course of construction, would be
addressed.
Commissioner Leino asked about the use of the public address system on the site and he stated
he is aware of several neighborhood complaints regarding the level of noise. Mc. McGinty
responded that she acknowledges the noise level can be excessive and they would mak� any
alterations that the city would require.
Commissioner Roche stated that he feels that the landscaping is a little thin along the property
where it abuts the single family properties and suggested that additional Austrian Pines be
planted in that area to provide better screening far the single family homes
Mr. Matt Swenson, Landform Engineering, responded that the landscaping in that area was
designed to allow better visibility from the freeway but they will revisit the area and consider
adding additional landscaping in that area.
8-17-06
Page 3
Commissioner Roche asked about the status of the old Iten Chevrolet sign. Ms. McGinty
responded that the sign will probably remain on site since it is an icon in the area and attracts
attention.
Commissioner Roche stated that he would like the applicant to consider extending the irrigation
system to maintain the landscaping that is on the corner of 69� and Brooklyn Boulevard. He
added that it would be an amenity to have the corner well maintained.
Mr. Baker responded that the property is owned by Hennepin County and it can be difficult to
get their approval to install an irrigation system on the property. Ms. McGinty added that they
would be willing to make contact with Hennepin County and discuss the subject with them.
Commissioner Parks asked the applicant what their intent is with the fence along the east side of
the property. Ms. McGinty responded that they were planning to leave the fence and it had
recently been repaired.
Mr. Swenson pointed out that the plans show that the fence would stay in place and be repaired
where needed and where new fencing is needed, it would be installed.
Commissioner Parks asked for the number of trees being demolished. He feels that something is
lost if too many mature trees are taken down and replaced with new smaller trees. Mr. Warren
stated that most of the trees coming down are along the northeast side to allow the applicant
appropriate use of their property.
r Mr. Warren explained that by acquiring the single family homes, they have provided a new
buffer area that abuts the residential area to maintain the required distance between the
commercial use and the single family homes along 69`� Avenue North.
Commissioner Roche added that it appears that some very mature trees may be coming down.
He expressed his desire to see the applicant thicken up the buffer area to provide both screening
and a sound barrier from the single family homes.
Mr. Scott Hubbard, (owner of Atlantis Pools) 4321 68`� Avenue, stated he's been at this location
for 31 years and when he saw this plan he had some concerns: he didn't know that Luther did
not own the property, he is confused about the right of refusal to purchase the property: since
they are not owners, how can they control whether or not vehicles (transport trucks) are using the
shared entrance he shares with the auto dealership; there are piles of dirt and dumpsters full of
garbage; Luther bought the Osseo bus company business and the property is not maintained;
what is happening to the old Honda dealership? It is not currently watered or maintained; will
the property be maintained in the front as well as the back of the site?; will the car dealerships be
around in a couple years or will a different development be there?
Commissioner Parks left the meeting at 9:58.
Mr. Warren stated that he understands Mr. Hubbard's concerns but he would like to point out
that his issues are not necessarily created by the applicant but rather were left on site from the
8-17-06
Page 4
previous owner. He is confident that the applicant will maintain their property in a positive
manner and that this proposal will be a positive addition to the area.
No other persons from the public appeared before the Commission during the public hearing on
Application Nos. 2008-003, 20Q8-004 and 2008-005.
There was a motion by Commissioner Leino, seconded by Commissioner Roche, to close the
public hearing at 10:02 p.m. The motion passed unanimously.
ACTION TO RECONIlVIEND APPROVAL OF RESOLUTION NO. 2008-02,
There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to
approve Planning Commission Resolution No. 2008-02 regarding the recommended disposition
of Planning Commission Application No. 2008-003 submitted by The Luther Company LLLP.
The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-02 is made part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECONIlV�ND APPROVAL OF APPLICATION NO. 2008-004 TI�
LUTHER COMPANY LLLP
There was a motion by Commissioner Roche, seconded by Commissioner Leino, to recommend
to the City Council that it approve Application No. 2008-004, submitted by The Luther
Company LLLP for Preliminary Plat approval to combine and divide four existing lots into two
lots on the east side of Brooklyn Boulevard between I-94 and 69�' Avenue for the creation of two
new automobile dealerships subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminary plat is contingent upon approval of Planning Commission
Application No. 2008-005.
4. Appropriate cross access and cross parking agreements and a dedication binding Lot l,
Block 1, Chrysler Realty Addition to the proposed Lot l, Block 1, Bri Mar 2 Addition,
as approved by the City Atttorney shall be developed and filed with the titles to the
property.
I 8-17-06
Page 5
5. The applicant sha11 provide the city with an executed copy of shared access easement
between the proposed Lots 1 and 2, Bri Mar 2 Addition prior to final plat approval to be
filed with the titles to the properties.
6. The applicant shall execute all easements required by the City Engineer for drainage and
utility purposes prior to final plat approvaL
7. The applicant shall provide written certification from a licensed land surveyor that the
existing sidewalk along Brooklyn Boulevazd does not encroach into the boundaries of the
proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along
with the final plat.
8. Building permits for construction of any of the buildings comprehended under Planning
Commission Application Na. 2008-005 shall not be issued until the plat has been given
final approval by the City Council and filed with Hennepin County.
9. The existing house at 4011 69` Avenue North shall be demolished or removed from the
property and all utilities appropriately disconnected prior to final plat approval.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECONIlVIEND APPROVAL OF RESOLUTION NO. 2008-03,
There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to
approve Planning Commission Resolution No. 2008-03 regarding the recornmended d�sposition
of Planning Commission Application No. 2008-005 submitted by The Luther Company LLLP.
The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-03 is made part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
8-17-06
Page 6
i
OTHER BUSINESS
Chair Rahn suggested that the discussion item of Flashing Signs be tabled until another meeting
when the entire Commission is present.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
10:10 p.m.
Cha.ir
Recorded and transcribed by:
Rebecca Crass
8-17-06
Page 7
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
NLY 17, 2008
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Ra1u1 at 7:05 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, and Tim Roche
were present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass.
Commissioners Rachel Lund and Della Young were absent and excused.
APPROVAL OF MINUTES MAY 15, 2008
There was a motion by Commissioner Roche, seconded by Commissioner Parks,
to approve the minutes of the May 15, 2008 meeting as submitted. The motion passed.
Commissioners Leino abstained since he was not present at the meeting.
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. 2008-003 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-003, a request for rezoning from C-2 (Commerce)
to PUD/C-2 Planned Unit Develo ment /Commerce and develo ment lan a proval through
P P P P
the PUD process of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 68�' Avenue for the redevelopment and expansion of the existing Chevrolet site
and a new Buick, Pontiac, GMC Dealership.
Mr. Warren presented the staff report describing the location of the property and the proposaL
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-003, attached). Mr. Warren explained that this
proposal represents the first step in a major redevelopment by the Luther Company for both sides
of Brooklyn Boulevard between I-94 and 69�' Avenue.
7-17-08
Page 1
APPLICATION NO. 2008-004 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-004, a request from The Luther Company LLLP
for preliminary plat approval to combine and divide four existing lots into two lots on the east
side of Brooklyn Boulevard between I-94 and 69�' Avenue for the creation of two new
automobile dealerships.
Mr. Warren presented the staff report describing the location of the praperty and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Warks'
memo dated 7-9-08 for Application No. 2008-004, attached.) Mr. Warren explained that a
similar preliminary plat application and Planned Unit Development proposal were submitted and
approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently
acquired the property at 4011 69�' Avenue North and wishes to incorporate this into their east
side development.
APPLICATION NO. 2008-005 THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-005, a request from the Luther Company LLLP for
rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit
Development/Commerce) and development plan approval through the PUD process for two new
automobile dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between I-
94 and 69�' Avenue.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-005, attached). Mr. Warren explained that a similar
Planned Unit Development Rezoning and development plan were submitted and approved in
2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the
property at 4011 69�' Avenue North and also wishes to incorporate this into their east side
redevelopment. This property contains a non-conforming single family home which is slated to
be demolished.
Chair Rahn asked for further clarification regarding the parcel not being combined with the
others and what the situation is regarding clean up of the site.
Mr. Warren responded that the building on the site will be removed and a finding from the PCA
will be provided to confirm that the property has been cleaned up.
PUBLIC HEARING APPLICATION NOS. 2008-003. 2008-004 AND 2008-005
th
There was a motion b Commissioner Roche seconded b Commissioner Parks, to o en e
Y Y p
public hearing on Application Nos. 2008-003, 2008-004 and 2008-005, at 9:05 p.m. The motion
passed unanimously.
Chair Rahn called for comments from the public.
Mr. John Baker, (Architect for Baker Associates) 150 So 5�' Street, Minneapolis, and Linda
McGinty (Director of Real Estate Development for the Luther Company), 3701 Alabama Ave
8-17-06
Page 2
I I
I So, St. Louis Park, introduced themselves to the Commission. Mr. Baker stated he would
present an architectural overview of the proposal. Mr. Baker noted that it had been suggested by
City staff to install B-612 curb and gutter on the entire site and he explained the reason for
proposed use of B-412 curbs in the parking areas of the lots to is to eliminate damage to new
vehicles caused by the higher curbs.
Mr. Baker also stated they have a problem with the condition of approval regarding the
requirement to provide underground irrigation on the corner lot at 69�` and Brooklyn Boulevard.
He explained that it is a MPCA superfund site owned by Hennepin County and at this time does
not appear to be maintained by anyone. Mr. Warren concurred that the paxcel is not currently
being maintained by anyone but this would be an opportune time to improve the look of the
corner by extending irrigation. He stated that irrigation on the Luther property be situated such
that it include the property in question without having to disrupt the site. He did not think there
would be objections to such a proposal from the County or MPCA.
Mr. Baker further gave an overview of the site layout and explained why they have proposed to
lace more landsca in on the site rather than alon the erimeter. He added that by placing it
P P g g P
along the interior of the site it would allow them to screen some parts of t�e building and storage
areas to make it appear more attractive.
Mr. Baker pointed out that these are manufactured prototype buildings that are required to
include certain elements of design per the auto maker's requirements. He then compared the
current buildings on the sites and how it would compare after construction.
Commissioner Leino addressed Ms. McGinty and Mr. Warren and asked if there would be any
soil testing done on this site prior to construction. Mr. Warren responded that any soil issues
found during construction would be taken care of.
Ms. McGinty stated that there had been Phase I and Phase II testing prior to their purchasing the
site and all issues have been addressed as well as removal of any underground hoists and tanks.
She further stated that an hin discovered durin the course of construction would be
Yt g g
addressed.
Commissioner Leino asked about the use of the public address system on the site and he stated
he is aware of several neighborhood complaints regarding the level of noise. Mc. McGinty
responded that she acknowledges the noise level can be excessive and they would make any
alterations that the city vvould require.
Commissioner Roche stated that he feels that the landsca in is a little thin alon the ro ert
P g
g P P Y
where it abuts the single family properties and suggested that additional Austrian Pines be
planted in that area to provide better screening for the single family homes
Mr. Matt Swenson, Landform Engineering, responded that the landscaping in that area was
designed to allow better visibility from the freeway but they will revisit the area and consider
adding additional landscaping in that area.
8-17-06
Page 3
Commissioner Roche asked about the status of the old Iten Chevrolet sign. Ms. McGinty
responded that the sign will probably remain on site since it is an icon in the axea and attracts
attention.
Commissioner Roche stated that he would like the applicant to consider extending the irrigation
system to maintain the landscaping that is on the corner of 69�' and Brooklyn Boulevard. He
added that it would be an amenity to have the corner well maintained.
Mr. Baker responded that the property is owned by Hennepin County and it can be difficult to
get their approval to install an irrigation system on the property. Ms. McGinty added that they
would be willing to make contact with Hennepin County and discuss the subject with them.
Commissioner Parks asked the applicant what their intent is with the fence along the east side of
the property. Ms. McGinty responded that they were planning to leave the fence and it had
recently been repaired.
Mr. Swenson pointed out that the plans show that the fence would stay in place and be repaired
where needed and where new fencing is needed, it would be installed.
Commissioner Paxks asked for the number of trees being demolished. He feels that something is
lost if too many mature trees are taken down and replaced with new smaller trees. Mr. Warren
sta.ted that most of the trees coming down are along the northeast side to allow the applicant
appropriate use of their property.
Mr. Warren explained that by acquiring the single family homes, they have provided a new
buffer area that abuts the residential area to maintain the required distance between the
commercial use and the single family homes along 69�' Avenue North.
Commissioner Roche added that it appears that some very mature trees may be coming down.
He expressed his desire to see the applicant thicken up the buffer area to provide both screening
and a sound barrier from the single family homes.
Mr. Scott Hubbard, (owner of Atlantis Pools) 4321 68�' Avenue, stated he's been at this location
for 31 years and when he saw this plan he had some concerns: he didn't know that Luther did
not own the property, he is confused about the right of refusal to purchase the property: since
they are not owners, how can they control whether or not vehicles (transport trucks) are using the
shared entrance he shares with the auto dealership; there are piles of dirt and dumpsters full of
garbage; Luther bought the Osseo bus company business and the property is not maintained;
what is happening to the old Honda dealership? It is not currently watered or maintained; will
the property be maintained in the front as well as the back of the site?; will the car dealerships be
around in a couple years or will a different development be there?
Commissioner Parks left the meeting at 9:58.
Mr. Warren stated that he understands Mr. Hubbard's concerns but he would like to point out
that his issues are not necessarily created by the applicant but rather were left on site from the
8-17-06
Page 4
previous owner. He is confident that the applicant will maintain their property in a positive
manner and that this proposal will be a positive addition to the area.
No other persons from the public appeared before the Commission during the public hearing on
Application Nos. 2008-003, 2008-004 and 2008-005.
There was a motion by Commissioner Leino, seconded by Commissioner Roche, to close the
public hearing at 10:02 p.m. The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-02
There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to
approve Planning Commission Resolution No. 2008-02 regarding the recommended disposition
of Planning Commission Application No. 2008-003 submitted by The Luther Company LLLP.
I The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendaii, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-02 is made part of these minutes by attaehment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECQMMEND APPROVAL OF APPLICATION NO. 2008-004 THE
LUTHER COMPANY LLLP
There was a motion by Commissioner Roche, seconded by Commissioner Leino, to recommend
to the City Council that it approve Application No. 2008-004, submitted by The Luther
Company LLLP for Preliminary Plat approval to combine and divide four existing lots into two
lots on the east side of Brooklyn Boulevard between I-94 and 69�' Avenue for the creation of two
new automobile dealerships subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminaxy plat is contingent upon approval of Planning Commission
Application No. 2008-005.
d dication bindin Lot 1
4. Appropriate cross access and cross parking agreements an a de g
nd
Block l, Chrysler Realty Addition to the proposed Lot l, Block 1, Bri Mar 2 Addition,
as approved by the City Atttorney shall be developed and filed with the titles to the
property.
8-17-06
Page 5
5. The applicant shall provide the city with an executed copy of shared access easement
between the proposed Lots 1 and 2, Bri Mar 2 Addition prior to final plat approval to be
filed with the titles to the properties.
6. The applicant shall execute all easements required by the City Engineer for drainage and
utility purposes prior to final plat approvaL
7. The applicant shall provide written certification from a licensed land surveyor that the
existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the
proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along
with the final plat.
8. Building permits for construction of any of the buildings comprehended under Planning
Commission Application No. 2008-005 shall not be issued until the plat has been given
fi�al approval by the City Council and filed with Hennepin County.
9. The existing house at 4011 69�' Avenue North shall be demolished or removed from the
property and all utilities appropriately disconnected prior to final plat approvaL
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-03
There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to
approve Planning Commission Resolution No. 2008-03 regarding the recommended disposition
of Planning Commission Application No. 2008-005 submitted by The Luther Company LLLP.
The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-03 is made part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
8-17-06
Page 6
I
OTHER BUSINESS
Chair Rahn suggested that the discussion item of Flashing Signs be tabled until another meeting
when the entire Commission is present.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
10:10 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
I
I
8-17-06
Page 7
City Council Agenda Item No. 11a
City of BYOOkIyn Center
City Council Agenda Item Memorandum
TO: Curt Boganey, City Manager
FROM: Daniel Jordet, Director of Fiscal Support Services
DATE: 23 July 2008
SUB7ECT: Capital Maintenance Plan for Public Buildings
Recommendation:
It is recommended that the City Council adopt a resolution approving the 2008
and 2009 projects in the Capital Maintenance Plan for Public Buildings as well as
approving a transfer of funds from the Municipal Liquor Fund to the Capital
Improvements Fund to pay for the design and construction of the approved
projects for non-utility funded building improvements.
Background:
In November of 2007 the Public Works Department presented a Capital
Maintenance Plan for Municipal Public Buildings assembled by Bonestroo
Engineers and Architects. The plan detailed 18 years of maintenance and repairs
that should be performed on public buildings and facilities to protect the City's
investment in those assets. At that time a recommendation was proposed for
funding of the first three years of the plan using Municipal Liquor Fund dollars to
pay for` the work. The City Council deferred discussion to a later work session.
At a work session on 14 April 2008 the City Council again discussed the plan with
the result that:
The majority consensus of the City Council was to direct staff to continue to maintain
municipal public buildings and to work on viable plans for funding the Capital
Maintenance Plan, and to provide Council with draft questions to survey the public
regarding the Community Center during the comprehensive planning process.
In order to continue to maintain municipal public buildings the first steps of the
plan should be implemented.
In a final review of the project costs it was determined that the original cost
estimates prepared by Bonestroo did not include administrative fees
(engineering, architectural, specification development) in the original project cost
estimates. It is estimated that these will add 100,000 per year to the cost of
the plan.
If project and administrative costs are to be covered by Municipal Liquor Fund
dollars it would be advisable to use such funds only for the first two years of the
projects. The attached spreadsheets detail the recommended use of Municipal
Liquor Fund dollars for completion of the first two years of Capital Maintenance
Plan projects and the impact of such a decision on the Municipal Liquor Fund
cash reserves.
Financial Impact:
The non-utility funded items in the Building Maintenance Plan will use 312,470
of Municipal Liquor cash in 2008, if approved, and 205,490 in 2009. This will
reduce the cash reserve in the Municipal Liquor Fund from its current level of
1,199, 465 to 884,438. This level of cash reserve is still adequate for
Municipal Liquor Fund purposes.
City of Brookiyn Center
Capital Maintenance Plan for Public Buildings
Fiscal Year 2008
Projects Requiring New Fundinq Sources
Location Description Cost
Ciry Hall electrical systems assessment 9,870.00
Community Center electrical systems assessment, repair
penthouse brick, repair HVAC, clean
repaint roof trusses, replace carpet, pool
cleaning and assessment, painting 87,56i.58
PW Facility Main electricalystems assessment, doors
frames, rooftop screens, painting 21,308.14
PW Cold Storage roof repairs, doors frames 981J5
PW Salt Storage
Police Station electrical systems assessment, paint,
skylight repair 13,504.31
West Fire electrical systems assessment, exterior
walls, roof repair 14,170.80
East Fire electrical systems assessment, doors
frames, interior ceilings floors,
plumbing 4,966.50
General Fund 152,363.08
Centerbrook Clubhouse door window frames, exterior 24,789.98
Centerbrook Maint Bldg.
Centerbrook Garage paint, electrical repairs 1,050.00
Golf Course Fund 25,839.98
Evergreen Park Bldg exterior trim 335.48
GC Park Building window frames 76.65
Central West Bldg
Central Park Plaza repair/replace deck boards 32,854.50
Central Park Gazebo
Capital Imp. Fund 33,266.63
SUBTOTAL 211,469.69
All Locations Administrative Fees 101,000.00
TOTAL COSTS 312,469.69
City of Brooklyn Center
Capital Maintenance Plan for Public Buildings
Fiscal Year 2009
Projects Reauirinq New Funding Sources
Location Description Cost
City Hall HVAC repairs, e�erior caulking 27,807.26
Community Center exterior veneer repair, HVAC repairs,
painting pool maintenance 37,692.82
PW Facility Main exterior painting caulking, roof
repair, interior floor repair 21,717.31
PW Cold Storage
PW Salt Storage
Police Station painting, caulking, roof repair 1,251.34
West Fire exterior doors frames 9,702.00
East Fire heating electrical systems repairs 10,578.49
General Fund 108,749.22
Centerbrook Clubhouse overhead door, concrete aprons 4,842.18
Centerbrook Maint Bldg.
Centerbrook Garage siding, concrete apron 2,254.00
Golf Course Fund 7,096.18
Evergreen Park Bldg
GC Park Building
Central West Bldg door window frames 4,325.38
Central Park Plaza concrete sidewalk replacement 10,319.40
Central Park Gazebo
Capital Imp. Fund 14,644J8
SUBTOTAL 130,490.18
All Locations Administrative Fees 75,000.00
TOTAL COST5 205,490.18
City of Brooklyn Center
Cash Balance Budget with Transfers
Fiscal Years 2008 and 2009
2008 2009
Beginning Cash Reserve 1,199,465 1,089,928
Cash Net Income 202,933 200,000
Transfer to Capital Improvements 312,470 205,490
Ending Cash Reserve 1,089,928 884,438
�I
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ADOPTING BUILDING CAPITAL IMPROVEMENTS AND
FINANCING FOR 2008 AND 2009
WHEREAS, a Capital Maintenance Plan for Municipal Public Buildings was
developed by Bonestroo and delivered to the City of Brooklyn Center in November of 2007; and
WHEREAS, said Capital Maintenance Plan was discussed by the City Council
during a work session in April of 2008; and
WHEREAS, staff was directed at that work session to continue to work on viable
plans for funding the Capital Maintenance Plan; and
WHEREAS, a plan for funding of the first two years of the plan has been developed
allocating funds from the Municipal Liquor Fund to pay for expenses of non-utility projects detailed
in the Capital Maintenance Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the proj ects in the Capital Maintenance Plan for Municipal Public Buildings for
2008 and 2009 are hereby approved and that funding of the 2008 and 2009 expenditures in the
Capital Maintenance Plan for Municipal Public Buildings will come from the cash reserves of the
Municipal Liquor Fund
Julv 28. 2008
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
City Council Agenda Item No. llb
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING THE PROPOSED 2009 OPERATING BUDGETS
FOR THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED
MANAGEMENT COMMISSIONS
WHEREAS, the City of Brooklyn Center is a member of the Joint Powers
Watershed Management Commissions for the Shingle Creek and West Mississippi Watershed
Areas; and
WHEREAS, the City Council of the City of Brooklyn Center recognizes the
critical role that these Commissions play in maintaining and improving the quality and quantity
of stormwater shed by these areas; and
WHEREAS the Joint Powers Agreement (JPA) for each of the subject
Commissions provides that the administrative budget may not exceed without approval of a
majority of the member City Councils; and
WHEREAS, the JPA provides that any member may object to the proposed
budget by providing written notice to the Commission before August 1 of the preceding budget
year; and
WHEREAS, timely objections received shall be heard by the Commission; and
WHEREAS, the Brooklyn Center City Council has met m worksession and
reviewed the proposed Commission budgets and found them to by acceptable; and
WHEREAS, the Brooklyn Center City Council wished to express it support for
the proposed budget in consideration of the fact that each of the proposed budgets are below the
maximum "assessment cap".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that it accepts and recommends Commission approval of the proposed
administrative budgets as presented by the Shingle Creek and West Mississippi Management
Commissions.
Julv 28, 2008
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.
Shin reek
Watershed Management Commission
3235 Fembrook Lane N• Ptymouth, MN 55447
Phone (763) 553-1144 Fcac (763) 553-9326
DATE: June 25, 2008
TO: Mayors, Member Cities
II S' 1 k r h d an ement Commission
lung e Cree Wate s e M ag
FROM: Judie A. Anderson, Administrator
RE: Shingle Creek Watershed Manageraent Commission
2009 Operating Budget
At its June 12, 2008 meeting, the Shingle Creek Watershed Management Commission adopted its general fund
budget for calendar year 2009. Copies of the budget and assessment against each member city are attached.
Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a
member city may obje,ct to the budget by giving written notice to the Commission before August 1, 2008. If
any objection is received, the Commission will hear the objections and may modify the budget
An amendment to the Joint Powers Agreement also sets an"assessment cap" on the Commission's
administrative budge� The budget cap can only be exceedai if the city councils of a majority of the
Commission members adopt resolutions approving the higher assessment prior to September 1, 2008. The
proposed 2009 budget adopted by the Commission DOES NOT exceed the budget cap.
Of particular note, the Commission approved Staff's recommendation that $15,000 annually budgeted for
Management Plans be used to begin the development of a P8 model for the watershed starting in 2009.
The Commission also chose not to allocate any 2009 operating funds to an account dedicated to funding
the upcoming Third Generation Plan but to use reserve funds for that purpose.
se elow•
The hne rtems included m the 2009 budget are discus d b
Budeet I INCOME
Line I Ezplanation
4 The Commission increased its application fee structure for 2006 with the intent to recover a greater shaze
of the cost of project reviews. While the revised structure does not fully fund that activity, it appears to be
recovering a greater share. In 2006, fees recovered about 59% while in 2005 fees recovered about 47% of
project review costs. In 2007, fees recovered about 60% of the project review costs, including the cost of
reviewing two local water management plans. Project review activity in 2009 is expected to be similar to
past years and no chan�e was made to the fee structure or exuected revenue for 2009.
6 The Commission uses the 4M fund to manage its funds. In 2007 interest eamings were over $12,000.
Expected interest income was increased to $10,500.
10-11 The MPCA grant for the dissolved oxygen/biotic integrity TMDL was initiaUy awarded in 2007. Due to
drought conditions, the bulk of the field work had to be postponed to 2008. The MPCA revised the project
into two conkacts: Phase I(field work and modeling) at $94,100 in 2008 and Phase II(modeling, TMDL,
and implementation plan) at $118,900 in 2A09. Since these reimbursable projects proceed on their own
schedule, according to the state fiscal year, not the Commission's fiscal yeaz, there will be overlap betw�n
vears.
i
Brooki)m Center Brookl�m Park Crysial Maple Grove Minneapoils New Hope Osseo Plymouth Robbinsdale
Shin reek
2009 Operating Budget
June 25, 2008
Page 2
12 The bulk of the chloride prewetting grant is shown as revenue and corresponding expenditures in 2007,
although some of the cities/county will not purchase their eqnipment and request reimbursement until 2008.
A portion of the grant, $4,800 in 2007 and $4,800 in 2008, is w the Commission to conduct the evaluation
part of the �rac►t activity.
13 The proposed assessment of $304,470 is a 4.0 vercent increase over 2008.
15- These lines are the Commission share for those capital projects that are listed in the CIP for pablic hearing
17 in 2008 for construction and levy in 2009. These projects must be considered through the public hearing
process prior to being ordered. T'he Commission must take additional affirmative action to order these
projects and exnend these funds.
Budeet I EXPENDITURES
Line Eaptanation
23-24 These line items are to provide administrative support (scheduling, minutes, etc) for regular TAC
meetings and any special TAC, TNIDL or other meetings that reqnire administrative support, as well as
eeneral administrative duties such as notices, mailin�s, and corresvondence.
27 This line item includes general engineering support. As the Commission continues to be successful in
obtaining grant funds and TMDL funding, there is an increasing amount of work involved in managing
the projects that is not included in the grant funding. Activities such as developing work plans, biennial
reporting, and negotiations with granting agencies aze funded from the general engineering budget, and it
is expected that level of activity will continue. Actual expendihues have exceeded the budget in 2006 and
2007. The bud�et increase proposed for 2009 would more closely alie,n with the current level of activity.
37 This line item also funds review of Local Water Management Plans and Comprehensive Plan amendments
and updates, as weli as�eneral inquiries about uucomin� vroiects.
51 This line item is the cost of collecting and analyzing the road salt application data provided by road
authorities in the watershed as �part of the chloride TNIDL imalementation uroQress evaluation.
52 The Commission will conduct an evaluation of the prewetting equipment's effectiveness at reducing
chloride loadinR as part of the prewettin� Rrant activiries.
54 Staff is not recommending adjustments to the volunteer stream monitoring budget for 2009. This may
change bas� on discussions with Hennepin County staff as they consider changes to the RiverWatch
LtrO�ram.
55 Two wetland sites are monitored in the Shingle Creek watershed and two in the West Mississippi
watershed throu�h the volunteer Wetland Health Evaluation Proq�am mana�ed by Hennepin County.
61 I'I'he cost of the Education nrogram is split 50/50 between Shin�le Creek and West Mississippi.
62 The cost of maintaining the Website (www.shin¢lecreek.orQ, serves both Shingle Creek and West
Mississippi) has been rolled into the �eneral education orogram budQet (line 37}.
64 The EPOC is in the process of retooling this program into a more focused program. No additional funding
is recommended for 2009 un'kil the program revisions are completed.
66 The cost of the private salt applicator workshops. The Commission's share was funded from the grant
match fund.
80 The Commission budgets funds annually to prepare management plans such as the Shingle Creek Corridor
Study, Phase II Stream Assessment, Chloride TMDL Implementation Plan, Lake Management Plans, and
the upcoming Wetland Management Plan. The planning activity in 2009 will be beginning to construct a
watershed-wide P8 water quality modeL
91-93 These line items aze the proposed Commission share for those capital projects that are listed in the CIP for
construction 2008/pay 2049. These projects must be considered through the public hearing process prior
to being ordered. The Commission must take additional affinnative action to order these projects and
expend these funds. This action includes adopting the Major Plan Amendment that includes the revised
CIP; receiving a request from the affected member city(ies) to consider the project; providing public
notice and holdin� a hearin�; and orderine the uroiect.
&ootdyn Center Brooklyn Park CrysFal Maple Grove Mlnneapolls New Hope Osseo Plymoutt� Robbinsdale
Shin reek
2009 Operating Budget
June 25, 2008
Page 3
2009 Badget Egplsnation
INCOME
Assessments: annual assessments to the member cities to pay the operating expenses of the
Commission. Assessments aze apportioned 50 percent based on land area wittun the watershed
and 50 percent based on tax capacity of land within the watershed.
Other: project review fees, interest on funds held, grant funds, etc.
Ad valorem: ad valorem (property tax) revenue levied by Hennepin County to fund the
Commission's share of approved capital projects.
EXPENSES
OPERATIONS: All aetivities mandated by statute or state administrarive rule except where noted.
Administration
Administrative Services: clerical and office support duties on behalf of the Commission such as
preparing for and attending meetings, preparing minutes and agendas, correspondence, mailings,
official records, official publications, annual reporting, preparing budget.
TAC/Engineering Support: correspondence, official publications, attendance and minutes at TAC
and other special meetings, and other support regarding engineering activities.
Engineering
Administration: technical and administrative duties on behalf of the Commission such as:
investigation and resolution of drainage, flood control, bank stabiliza.tion, erosion and water
quality problems, research, preparing for and altending meetings, correspondence, responding to
inquiries, annual reporting, and preparing budget.
Management Plan: updates and amendments to the management plan or the Rules and Standards.
Grant Application Writing: reseazching and writing grant applications to supplement Commission
funds. Not mandated
TMDUCIP Engineering: technical and administralive assistance to the Commission and cities in the
ongoing implementation of TMDLs and administration of projects. (A T1l�L or Total Mcuzmum
Daily Load is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standcrrds, and an allocation of that amount to the pollutant's soza-ces.)
Legal
Legal Services: gen�ral counsel, preparing for and attending meetings, drafting policies and
variances, reviewing contracts and agreements.
Project Reviews
Engineering: reviewing projects and wetland replacement plans for conformance with
Commission requirements.
Administration: correspondence, official publications, and other support regarding project
reviews and Wetland Conservation Act requirements.
Miscellaneous
Miscellaneous: annual audit, bookkeeping services, insurance and bonding, meeting expenses,
contingency. Contingency not mandated
Brookiyn Center Brooklyn Park Crystal Maple Grove Minneapolfs New Hope Osseo Plymouth R�binsdale
Shin reek
2009 Operating Budget
June 25, 2008
Page 4
MOIJITORING AND INFORMATION GATHERING: State administrative rules mand$te water
quantity and quality monitoring programs that are "...capable of producing accurate data to the extent
necessary to determine whether water quantity and quality goals are being achieved" but do not specify
what those programs should entail.
Commission Stream 11�onitoring (Shingle Creek)
Field data collection, equipment maintenance, sample lab analysis, and data analysis for flow
monitoring and water quality sampling at two sites (45�' Avenue and Brooklyn Boulevard), and
the cost of the annual Water Quatity Report.
USGS site monitoring (Shingle Creek)
Commission's share of the cost of operating the USGS site at Queen Avenue. Real-time data can
be found at Httn://waterdata.usgs.eov/mn/nwis/uv?05288705.
Volunteer Lake Monitoring (Shingle Creek)
Citizen Assisted Lake Monitoring Program (CAMP): in partnership with the Metropolitan
Council, volunteers are trained to take lake water samples and make observations. Met Council
provides sample analyses and data compilation. Commission provides equipment, training, and
sample collecrion.
Volunteer Stream Monitoring
Macroinvertebrate monitoring: in partnership with Hennepin County Environmental Services,
high school and college students are trained to sample streambeds for macroinvertebrates and to
classify the sampled organisms as an indicator of stream health.
Yolunteer Wetland Monitoring
Macroinvertebra.te and vegetation monitoring: in partnership with Hennepin County Environmental
Services, adults aze trained to monitor and sample wetlands for plants and macroinvertebrates and to
classify the sampled organisms and plants as an indicator of wetland health.
EDUCATION AND PUBLIC OIITREACH: A public information program is mandated by state
administrative rules. The Commission also provides at the riiember cities' request NPDES Phase II
educarion and public outreach programs mandated by the federal and state govemments.
Education
General public information and NPDES education program: target one or two messages per year,
coordinate messages with cities, prepare materials for distribution by member cities, work with lake
associations, Great Shingle Creek Watershed Cleanup, work with WaterShed Partners, coordinate
Education and Public Outreach Committee (EPOC), work with area schools, and maintain Web site.
Education Grants:
Financial assistance for activities such as classes or programs to improve water quality education,
cluriculum and educational materials for use in the classroom, expenses for field trips or fieldwork
related to water quality education, and implementation projects that include an education component.
Expanded in 2005 to include associations, youth and church groups, nonprofits, and organized groups.
Brookyn Center Brookiyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale
Shin reek
2009 Operating Budget
June 25, 2008
Page 5
MANAGEMENT PLANS: The Commission is mandated by state statute and administrative rule to
pursue an Implementation Program that consists of nonstructural, structural, and programmatic solutions
to problems, issues, and management goals. The approved Second Generation Management Plan and the
Water Quality Plan set forth a program of Resource Management Plans, including Lake Management
Plans, Stream Assessments, and a Wetland Protection and Preservation Plan to identify those solutions.
The Commission has also been proactive in cooperatively preparing Third Party TMDLs for each
waterbody and impairment that is listed as an Impaired Water by the Environmental Protection Agency
(EPA) and the Minnesota Pollution Control Agency (MPCA).
TMDLs:
The lake and stream TMDLs to date have been entirely funded by the MPCA.
Management Plrnrs:
Management Plans will be completed for each water resource in the two watersheds. For lakes,
management plans will follow completion of the TMDLs. These are being completed in
accordance with the following schedule:
2004 Shingle Creek Corridor Study
2005 Chloride TIvIDL Implementaxion Plan and preliminary lake management plans
2006 Phase II Stream Assessment: Bass, Eagle, Pike, �vin, and Oxbow Creeks and Mattson
Brook
2007 Twin and Ryan Lake TNIDL Implementation Plan, aquatic vegetation surveys (Twin and
Ryan)
2008 Balance of lake management plans, wetland functions and values
2009 Begin building a P8 model for the watershed
20t0 Wetland Management Plan
CONSTRUCTION/MATCHING GRANT FLTND: Not mandated
An annual capital contribution towards a fund to be used to match gants or far high-priority projects as
designated by the Commission.
The Shingle Creek Watershed Management Commission requests approval of its 2009 Operating Budget.
Your cooperation in continuing the important work of the Commission is greatly appreciated. Questions
may be directed ta this office or to your representative.
JAA:tim
Enclosures:
2009 Operating Budget
Member Assessments
Cc via email: City Mana.gers
City Administrators
Commissioners
Z:4Shingle Creek�Financials�Financia1s09Uetter to citiesSC.doc
Brookiyn Center Brookl�m Park Crystal Maple Grove Minneapolis New Hope Ossso Plymoulh Robbinsdale
Shingle Creek Watershed Management Commission
2009 Member Assessments
A B C D I E F I G I H I
71 I I I 1 I I
72 12007 Admintstrative Budget I I I I I I I
73 Coat Allocation Cost Basad
2006 Tax Total Cost
74 Community Acrsage Based on Area I on Tax Capacity
75 Capacity °�a�e 1 Dollars I %a�e I Dollars I 94a90 I Dollars
76 IBrooklyn CeMer 3,720I 16.184,222I 13.07%I 18,684.961 11.85°�I 16,942.931 72.46%I 35,628
77 IBrookivn Park I 7,0801 33,467,8071 24.88%I 35,561.701 24.51%I 35,036J71 24.69°kl 70,598
78 �Crystal I 2.480� 12,536,941� 8.71%I 12,456.641 9.18%I 13,124.671 8.95%I 25,581
79 IMaple Grove I 5,0201 24,145.535� 17.64%I 25,214.651 17.68°hl 25.277.471 17.66%I 50,492
80 �Minneapotis I 1.9501 10,091,366� 6.85°k� 9,794.541 7.39%I 10,564.451 7.12°!oN 20,359
871NewHope I 2,0701 9,479,1871 7.27°hl 10,397.281 6.94�01 9,923.571 7.11%I 20,321
82 �Osseo 300� 2,208,888� 1.05%� 1,506.85� 1.62%I 2,312.44I 1.34%� 3,819
831P�Ymouth I 4,380► 20,313,8441 15.39%I 22,000.041 14.68%I 21,266.151 15.13%I 43,266
841Robbinsdale 1,4601 8,120,8411 5.13%I 7,333.351 5.95%1 8,501.541 5.54°k1 15,835
851 TotalsN 28.4601 136,548,6311 100.00°hl 142.950.001 100.00°�f 142,950.001 100.00%I 285,800
ss i I I I I i
a�� i i i I, i
88 12007 Addltlonal Itemsl I I I I I I I
Cost Ailocation Cost Based
2006 Tax Total Cost
90 Community Acreage Based on Area 1 on Tax Capacit�l
91 Capacity e�,age I Dollars I %aqe I Dollars I %age I Doilars
92 �Brooklyn Center N 3,720I 16,184,222j 13.07961 856.151 11.85%I 776.331 42.46%I 1.632
9316rooklynPark N 7,0801 33,467,8D7� 24.88�1 1,629.44I 24.51%I 1,605.391 24.69%� 3.235
94 �Crystai 2,480� 12,536,9411 8.71�1 570.77� 9.18%I 601.381 8.95%� 1,172
95 �Mapie Grove N 5,0201 24,145,535I 17.64961 1,455.34I 17.68°�I 1,158.221 17.66961 2,314
96 �Minneapolis 1,950� 10,091,366M 6.85%I 448.791 7.39�01 484.071 7.12%I 933
97 �NewHope 2,070{ 9,479,1871 7.27°�I 476.41� 6.94%I 454.701 7.11%I 931
SS IOsseo I 3001 2,208,888I 1.05%I 69.041 1.62%I 105.961 1.34%I 175
991PIymouth I� 4,3801 20,313,844� 15.39°�� 1,008.051 14.88°kl 974.42� 15.13%� 1,982
1001Robbinsdale I 1,4601 8,120,8411 5.13°hl 336.02N 5.95%I 389.541 5.54%� 726
101 Totals� 28,460� 136,548,6371 100.00%� 6,550.OD� 100.00%I 6,550.00� 100.00%� 13,100
1021 I i 1 I I I I
1031 2008 I I I 1 I I I
04 Cost Ailocation I Cost Based
105 Community Acreago 2007 Tax gased on Area I on Tax Capacity Total Cost
Capac(ty ��asie I Dollars I %ape I Dollars N %aqe I Dollars
1071Brooklyn Center N 3,720� 17,569,581 13.07%I 19,133 I 11.43%I 16,734 I 12.25%I 35,868
108�Brookl�nPark 7,080� 37,011,4901 24.88%I 36,4151 24.08%I 35,2521 24.48°�I 71,667
109�Crystal 2,480� 13,116,631 8.71%I 12,756I 8.53%I 12,4931 8.62%� 25,249
1101Maple Grove N 5A201 28.250,962 17.64%I 25,820 N 18.38°�I 26,908 I 18.01%I 52,728
1111Minneapolis M 1,9501 10,960,570 6.85%I' 10,0301 7.13%I 10,4401 6.99�0� 20,469
1121New Hope 2,070� 13,452,016 I 7.27%I 10.647 8.75%I 12,813 I 8.01%� 23,459
11310sseo I 300I 2,251,723 N L05%I 1,543 I 1.47°kl 2.145 I 1.26°�I 3,688
1141PIVmouth I 4,380� 22,030,296 15.39%� 22.528 14.33°/6� 20,983 14.86%� 43,511
115IRobbinsdale N 1,460� 9,042,3981 5.13%I 7,509I 5.88°hl 8,6131 5.51°�I 16,122
116� TotalsN 28,460� 153,685,667� 100.00°kI 146,380 N 100.00%I 146,380 100.00%� 292,760
1171 I I I I I I I I
1181 20Q9 I I I N I
2008 Tax Cost Allocation N Cost Based Total Cost
120 Community Acreage C P i Basod on Ares I on Tax Capacity
121 %age I Dollars I °�age I Dollars I °�as�e I Dollars
1221BrookM�sCente� I 3.7201 17.917.888 I 13.07°r61 19.899 N 11.24%I 17.110 1 12.16561 37,tI09
I 1241Crvstal I 2,4801 12.582.714 I 8.71%1 13.266 I 7.89�1 12,016 24.82%I 75,6t�5
123tBrocikl�in Park` 7,0801 39,492,656 I 24.88%1 37,872 I 24J7%I 37,713 I
8.30%I 25.281
1251Maple:.C�ve J 5,020� 29,876,933 I 17.64%I 26,852 j 18.74°�� 28,531 r 18.19°k� 55,3B3
I 126IMinneati8lis 1 1,950� 12,164,574 I 6.85%I 10,431 I 7.63°�I 11,616 1 7.24%y 22,047
127GNewHOOe I 2,070� 13,514,250 7.27%I 11,073 I 8.48°hl 12.905 I 7.88°kl 23,978
1281�SSeo 300N 2.249.662 1.05%� 1,605 I 1.41%� 2.148 N 123%I 3.753-
1291PIymouth 1 4.380N 22,Oa9.847 I 15.39%I 23,429 I 13.83°kl 21,056 I 14.61°�1 44,4�5
1301Robbir�sdale I 1,460� 9.570,048 I 5.13%I 7,810 I 6.00�oI 9,139 5.57°k� 76k948
1311 TotalsN 28,460) 1b9,418,b721 100.00%I 152,2351 100.00°kl 152,2351 100.00%I 304.470
s21 I 1 I I I I I I
Z:�Shingle Creek\Financials�Financials09\SC 2009 Member Assessments.xls
Shingle Creek Watershed Management Commission
Opantlng Budget 20�9
I A I B I E I F 1 G 1 H I I J
I Marov�d I
ApprovW I Additlonal I Unaudkad Approvad Approwd
2 Aetw12008 200T Itans 2007 2007 2008 2008
311NCOME I I I I� I
4 I App4ca6onfeee I 19,850 I 512,000 I 14,750 i5,W0 75,000
5 I Wetlandrovisws I I 01 I 1�s0o
6� I IrKersstincome I 9,298 I 7,0001 I 12,267 S,WO 10,300
8 I I Leke TMDL arant I 29,891 01 I I
e I I Cartidor atudv orant I I I I 8.549 I
10 I I DO/Biotic inteptily I I 200.0001 I 15,722 I
1i I I oO�eroucMCephiv I I I I I sa.�oo �te.soo
12 I I Chloride TMOL PrewetdrW Grant I I I I I 4,600
731 l�ssessmeM I 2T6.500 I 285.9001 13,1D0� 298.999 292J60 304,470
14 Miac Income I I I I 3,137 I
75 I I Ad Vabrem Twin pek Pond I I I n,500
161 I Ad Valorem 639W Wetland I I I I �I
17 1 I Ad valorem Crvstal Lake I 76,714 I I I 3u.�
181 I TOTALINCOME I 412.05� I :448,900 I S13,t00 I 362,824 I 7M,1iQ 666,370
tal I I I I I'
201EXPENSE3 I 1 I I
Z11 I OPERATIONS I I I I
2Z I ��m+nishation: I I I
231 I AdmMlsVative Sarvicac I 60,395 1 t58.900 I 6t,T25 5T,160 59,'t59
1 24 1 1 TAC/EnpineeAnp SuPPOrt 16,543 01 I 78.78B I 5,000 15,000�
i251 I I 1 I I I
26 I I Enginesnrg: I I I I
271 I Administratbn I 46,934 I 39,9001 t 48,838 41,000 44;1b0
281 I Manaf�ementP{an I 3,0.581 5,000{ I 3,�� 3.�
281 I 6rent Wridna I 10.152 I 6,0001 9,179 I 8.000 7,500
I I TMDUC�P E�gineennq I 8,0001 I 8;082 j 8,000 B.ODO
31 Ffeld Inspaction I I 01 I I
321 I I I I I
331 1�-e9aL f I I 1 I
34 I I Legal Sarvices I 8,939 I 13,0001 I 8,839 I 12.000 40,000
351 I I I I
38 I ��i� �wews� I I 1 I I
371 Enyineerinp I 34,138I 32.0001 I 27.221 I 32,000 32,000
391 I Administratlon I 4,8W I 4,3001 1 1,833 1 4,300 2,500
381 I I I I
40 f 1 Miscellarnoux 1 1 I I
411 I Bookkeepinp I 7,1651 3,0001 I 5,130 4,000 4,000
421 I Aud'rt 4.5001 5,000� 4,500 I 5,000 S;U00
43 I ConllnOency I 3,368 I 5,000� I I 5,000 5,000
44 I I �nsurance d BonAinp I 2,d77 I 2.8001 2.561 I� 3,000 3.000
45 I I Meetinp Expease I 2,388 I 2,8001 I. 2,497 I 2.BD0 2.800
I 461 I SUBTOTALOPERAT/ONS I 204,680 I s183.700 I SO I 5198,N2 I �aa.zeo 201,700
471 I I I I
48 I MONITORINti AND INPO GATHERINO I I I
1 49 I I Commieaion sUeam monitonng I 28,688� 538,600 I 35,374 I 38,BOD 38
1 50 I I USGS aite morritorin0 I -I 3,200� 7,OD0 t 3.500 3,570
51 I Chloride TMDL amual report I I I 55,000 5,5071 5,000 5�,000
52 I I CL TMDL PrewetUnp EvaluaUOn I I 4,8001 I I 4,800 4
53 I I Vohmteer lake monitorinp I 4,879I 8,5001 I 6,454 6,500 6;500
yi VohmteeraVeam monitorinp I 1,400� 3,0001 I I 3,000 3,000
551 vmunfearwenanamon+tonng I I Z.0001 I 3,000 3,000
58 I I Vol Aquallc Mondorinp I I z,1001 I
571 I SUBTOTALMONfTORlNp I 36,W81 S6H,�ODI 29,100� 564,73b1 6l,600 .83;870
58! I I I I I I
BU 1 I EDUCATION AND PUBUC OUTREACH I I I
67 I I Education Propram I 20,737 I 25,70QI 20,148 I 25,700 26,000
gp Wsb site I 600 I 01 I I
84 1 1 EOucatlon and Impl GraMs I 884 I 3,0001 3,0001 822 I 3,000 3,000
65 I I Chloride TMDI annual woAc6hop I I 7,0001 1 1.000 1,000
B6 I I Satt Wakahopa I 2.985 I I I 17,757 I
67 1 I SUBTOTAL ED!/C/ITION I 24.876 1 =Z8.T00 I 54.000 I JB.827 I 29,700 70,000
I6H1 I I I I I
6Q MANAGEMENT PlAN5 I I I 1
I 70 I I �OLa: I I I I I
I 73 1 I�kee Phese 11 I 31,78/ I I 3,070 I
f4 1 I Shingle Cr D0/Biotic IMepnty I I 200,0001 I »,s�6 1 84.100 119,900
75 I IManapemenf penr. I I I I I
76 1 Shinqle Creek cortidor aNdy I 7,170 I I 1
77 I I Chlodde/lake Dbase I TMDL imDl ulal 351 I I I I
78 I I Stream assessment phase II 1 14,185 I I I I
79 1 Lake phase II TMDL impl plan I I 15,0001 I I
801 I MonapementPlanalMonimAnO 2,986 I I I 18,555 I 15,000 15,000
811 lSUBTOTALMGMTPLAN5 I 60,1d6 SY16.dOQ1 S0� J9,647 I 108,700 1�2,800
gp j I I I I I
83 I I ConfttDutlon to conaWprent match I I 20.0001 I I 20,000 20,b00
84 I Chloride TMDL PreweMin� Subyrents I 228.4001 I I
g5 I Build Reserve 3a Genera Pian I I I
88l I I I
�871TOTALOPERATIN(3EXPENSE I �76,3081 4t0.700I 13A00 �20,6171 4N,660 448,67A
B�I ICAPITALIMPROVEMENTPROJECTS I I. I
88 I� I Brookyn Park Stroam Reatoratlon I 73,543 1 I I 5,606 I
8� I I� Hope Winaest Pontl I I I I 2,099 I 72,500
81 l I CrYaW Twin Oak PonA Proiect I I I l I 77.5�0
92 I I 639W Wetlantl Prolec[ I I I I I 30.U0.0
I I GYSta� �ake Projed I I I I I
94 I Aeaple Grove Pond P51 1 I I I �.754 I 250.000
95 1 I SUBTOTAL CIP 73.6�7 I I I 9,469 I �22,600 20I,600
gC I l I I
87 ITOTAI OPERATING and CAPITAL EXPENSE 566.662 I Id0.700 I 17.700 t 335,278 I 7�4,180 666;370-
Z:�Sbingle Creek�FinandalslFinandals0812009 Approved Budget.xia
I
3235 Fernbrook Lane N• Plymouth, MN 55447
1 IJJ��3J Phone (763) 553 F� �763) 553
li�jr,( �u� e�:ewt �om.s�.r'ss,o�. www.shinglecreekorg
L.-
DATE: June 25, 2008
TO: Mayors, Member Cities
West Mississippi Watershed Management Commission
FROM: Judie A. Anderson, Administrator
RE: West Mississippi Watershed Management Commission
2009 Operating Budget
At its 3une 12, 2008 meeting, the West Mississippi Watershed Management Commission adopted its
general fund budget for calendaz yeaz 2009. Copies of the budget and the proposed assessment
against each member city are attached.
Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides
that a member city may object to the budget by giving written notice to the Commission before
August 1, 2008. If any objection is received, the Commission wi11 hear the objections and may
modify the budget.
An amendment to the Joint Powers Agreement also sets an"assessment cap" on the Commissian's
administrative budget. The budget cap can only be exceeded if the city councils of a majority of the
Commission members adopt resolutions approving the higher assessment prior to September 1, 2008.'
The proposed 2009 budget adopted by the Commission DOES NOT exceed the budget cap.
Of particular note, the Commission approved Staf£s recommendation that $5,000 annually budgeted
for Management Plans be used to begin the development of a P8 model for the watershed starting in
2009. The Commission also chose to use reserve funds to fund the upcoming Third Generation Plan.
$9,870 in available revenue in excess of operating expenditures is allocated far this purpose in 2009.
The line items included in the 2009 budget are discussed below:
Budget I INCOME
Line Ezplanation
3 The Commission increased its application fee structure for 2Q06 with the nrtent to recover a greater
share of the cost of project reviews. While the revised structure does not fully fund that activity, it
does appear to be recovering a greater share. Applications have been decreasing in West Mississippi
and, with the number of undeveloped lots still on the market in northern Brooklyn Pazk, a continued
lower level of applications is expected in 2009. While it can be difficult to predict the number of
project reviews that will be completed in a particular year, Staff recommended that the Commission
continue the expected income budget for application fees at $5,000.
8 The proposed assessment of $130,620 is a 4% increase from 2008. There was no increase in
from 2007 to 2008.
Brookhm Center Brooklyn Park Champ►in Maple Grove Os
seo
�%��.).)iS 2009 Operating Budget
June 25, 2008
'�Zlkfr.•rs�r.� �'L!u,.n�ew.r,�;f (.,'c�.x.�'sslw�� Page 2
Bad�et EXPENDITURES I
Line Eaplanation
15-16 These line items provide administrative support (scheduling, minutes, etc) for regular TAC
meetin�s and any special TAC or other meeUngs that require administrative sunport.
29 While project reviews have been fewer, this line item also funds review of Loca1 Water
Management Plans and Comprehensive Plan amendments and updates.
41 At this time no changes are recommended to t.�e volunteer stream monitoring budget. This may
change based on discussions with Hennepin County staff as they consider changes to the
RiverWatch oroQram.
42 Two wetland sites are monitored in the Shingle Creek watershed and iwo in the West
Mississippi watershed through the volunteer Wetland Health Evaluation Program managed by
Hennepin County. Hennepin County charqes $1,540 per site.
46 The cost of the Education program is split 50/50 between Shin�le Creek and West Mississippi.
4'I The cost of maintaining the Website (wwwshin$lecreek.orQ serving both Shingle Creek and
West Mississippi) has been rolled into the general education pro�ram bud�et (line 46).
49 The EPOC is in the process of retooling this program into a more focused program. No
additionat funding is recommended for 2009 untit the nrogram revisions are completed.
54 The Commission budgets funds annually to prepaze management plans, such as the Phase II
Stream Assessment. The Wetland Management Plan is upcoming in 2010. Preliminary activities
such as the wetland functions and values analyses being conducted in 2008 were funded by this
line item. For 2009 the management planning activity will be to begin the development of a P8
model for the watershed.
58 The excess expected revenues over expected costs will be contributed to an account to start
accumulatin� funds for the 2011 Third Generation Plan.
2009 Budget Ezplanation
INCOME
Assessments: annual assessments to the member cities to pay the operating expenses of
the Commission. Assessments aze apportioned 50 percent based on land area within the
watershed and 50 percent based on tax capacity of land within the watershed.
Other: project review fees, interest on funds held, grant funds, eta
EXPENSES
OPERATIONS: All activities mandated by statute or state administrative rule except where
noted.
Administration
Administrative Services: clerical and office support duties on behalf of the Commission,
such as prepazing for and attending meetings, preparing minutes and agendas,
correspondence, mailings, official records, official publications, annua( reporting, and
preparing budget.
Engineering Support: correspondence, official publications, attendance and minutes at
TAC and other special meetings, and other support regazding engineering activities.
Engineering
Administration: technical and administrative duties on behalf of the Commission such as:
investigation and resolution of drainage, flood control, bank stabilization, erosion and
water quality problems, research, preparing for and attending meetings, correspondence,
responding to inquiries, annual reporting, and preparing budget.
Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo
t r
ij��JJiS 2009 Operating Budget
r ��lr.>'sar.� �u,�n�ew�e.�t (',r.�»wis;'or`� Pa e 3 5 2008
9
Management Plan: updates and amendments to the management plan or the Rules and
Standazds.
Grant Application Writing: researching and writing granf applications to supplement
Commission funds. Not mandated
Legal
Legal Services: general counsel, preparing for and attending meetings, drafting policies
and variances, reviewing contracts and agreements.
Project7Zeviews
Engineering: reviewing projects and wetland replacement plans for conformance with
Commission requirements.
Administration: correspondence, official publications, and other support regarding project
reviews and Wetland Conservation Act requirements.
�scellaneous
Miscellaneous: annual audit, bookkeeping services, insurance and bonding, meeting
expenses, contingency. Contingency not mandated
MOrTITORING AND INFORMATION GATHERING: State administrative rules mandate
water quantity and quality monitoring programs that are "...capable of producing accurate data to
the extent necessary to determine whether water quanrity and quality goals are being achieved"
but do not specify what those programs should entail.
Yolunteer Stream Monitoring
Macroinvertebrate monitoring: in partnership with Hennepin County Environmental
Services, high school and college students are trained to sample streambeds for
macroinvertebrates and to classify the sampled organisms as an indicator of stream
health. Monitoring is conducted on Mattson Brook.
Yolunteer Wetland Monitoring
Macroinvertebrate and vegetation monitoring: in partnership with Hennepin County
Environmentat Services, adults are trained to monitor and sample wetlands for plants and
macroinvertebrates and to classify the sampled arganisms and plants as an indicator of
wetland health.
EDUCATION AND PUBLIC OU'TREACH: A public information program is mandated by state
administrative rules. The Commission also provides at the member ciries' request NPDES Phase
II education and public outreach programs mandated by the federal and state governments.
Education
General public information and NPDES education prograin: target one or two messages per
yeat, coordinate messages with cities, prepare materials for distribution by member ciries,
work with lake associations, Great Shingle Creek Watershed Cleanup, work with WaterShed
Partners, coordinate Educarion and Public Outreach Committee (EPOC), work with area
schools, and maintain Web site.
Brookl�m Center Brookl�m Park Champlin Maple Grove Osseo
�r� r CC
V w( ����JJi l 2009 Operating Budget
June 25, 2008
`�iL'nrcrs�e� ✓l�u,..:�Oei..r..t C'�;�.«„ss.� Page 4
Education Grants:
Financial assistance for activities such as classes or programs to improve water quality
education, curriculum and educational materials for use in the classroom, expenses for
field trips or fieldwork related to water quality education, and imptementa.tion projects
that include an education component. Expanded in 2005 to include associations, youth
and church groups, nonprofits, and organized groups.
MANAGEMENT PLANS: The Commission is arandated by state statute and administrative rule
to pursue an Implementation Progrann that consists of nonstructural, structural, and progra.mmatic
solutions to problems, issues, and management goals. The appmved Second Generation
Management Plan and the Water Quality Plan set forth a program of Resource Management
Plans, including Lake Management Plans, Stream Assessments, and a Wetland Protection and
Preservation Plan to identify those solutions.
Management Plans:
2006 Phase II Stream Assessment: Oxbow Creek and Mattson Brook
2009 Begin developing a P8 model for the watershed
2010 Wetland Management Plan
CONSTRUCTION/MATCHING GRANT FLIND: Not mandated
An annual capital eontribution towards a fund to be used to match grants or for high-priority
projects as designated by the Commission.
T'he West Mississippi Watershed Management Commission requests approval of its 2009
Operating Budget. Your cooperation in continuing the important work of the Commission is
greatly appreciated. Questions may be directed to this office or to your representative.
JAA:tim
Enclosures:
2009 Operating Budget
Member Assessments
Cc via email: City Managers
City Administrators
Commissioners
Z:\WestMiss�Pinancials�Financials 091Letter to cities_WM2009.doc
Brookl�m Center Brookl�m Park Champlin Maple Grove Osseo
West Mississippl Watsrshed ManagemeM Commission
2009 Operating Budget
I A I B 1 F I G I H I I I J I K
APProved
Approved Unaudtted Approved Approwd
Aetua12008 2007 Addttlonal 2007 2008 2009
1 Items 2007
2 11NCUME I i
3 .y.,_._..�.+___., 55,000 55�000
lication fees 6,550 I S12 000 I I 4,750
4 Wetland redews 1 I I
5 W Inlerest ineome 1 9.346 1���2.0001 i 12,722 5,OUO az;9,�t�
6 T Stream wrtidw arant
7 Reaerve
B Assessment 80.350 125.800 51.0501,,,, 128.651 I 125,600 `Y3Q.�!2b
9 AsseasmenFohase out reserve use 1 30.00D I T•
10 I Misc Income 1 I -_i.... 351 I
11 I I Assessment ebove cao I I 3 3.950 I
12 TOTALINCOME M 128.248 759.6001 SS,OODI. 148.7241 f1�6.600 `.=5�#'C82br
I 13 EXPENSES 1
141 1 OPERATIONS N I I I I
75 Atlmrnistratlon: 1 I I I
16 Administrative Services 27,632 I 30.8001 I 27.783 1 3Q,y$�[1
1T TAC/Engineerinp Support 7,249 I I� 2.857 I 5.000 8�
18 �..I
19 En�gineerin�: I I
20 Adminishsdon 14,733 I 18,700� I W. 14.448 1 18,000 TS:i14�f3
27 M ManaqemeM Plen 3.058 I 5.0001��'� I 981 3.000 3�;0AF3
22 Grant Writinp I 2.5001 I 692 I 2,150 �,Qpt3
23 Field Insoectlon M I 01 I 0
24 I I
25 LeaaC M I 1 I I
28 l aI Servicas 4.372 1 7.5WI� I 4.165 1 5.500 S�0
27 I, ti
28 P'ect ReNews: I I I I
29 Enqlneerinp 8.9881 20-5001 I 10,5971 15.000 1��Q0
30 Administratlon 2.178 I 3.1501 I 928 I 2,506 Z�)00
31 _T.. I
32 Miscepaneous: I I I I
33 Accountln�_ Y 3.077 I 1.2501 I� 2.198 I 2,2503
34 AudR M 4 S 500 I 5,0001 I� 4.500 5,OU0`:` 5'4�UFJ
35 ConUnqe�,av 1.4431 1.5001 I� 7,500.. 1:500
38 Insurance 8 Rondln4 2.424 I 2 I�, 2.535 3,000 �30f1�
37 MeetfnaExvense 1� 1 A26 I 1.2001�' I 7.070 f 1200 �¢Ilff
38 I I SUBTOTAL OPERA770NS M 80.652 I 599.900 I SO I 72.T44 I 594,90D I 3947'.W'
391 1 M I I 1 I
40 I I MONITOW NG AND INFO GATHERING M I I I
41 Volurdaer stream monitorinq I 1.0001 I I 1.000 '�,�tl
42 Voluntaerwatlandmonitorinq I I 2_OOOI� 2_000� 1 �+�3D0
1 SUBTOTAL MONlTORING M I 51.000 I S2.000 I 2.000 I b2.000 �C `,�ixOOQ
441 1 M I I I I
45 EDUCA170N AND PUBLtC OUTREACH I I
46 Educatlon Proq_ram w 20.731 I 25.7001 18,SQ3 25,700 2fi�OD0
47 ...w.. Web sRe 1 600 I I�
t
48 NPDES 1 I I 1 �I
48 EducaUon Grenta M 884 I 3 3 9211 3.000 a.. 3.U00
I 1 SUHTOTAL EUCA770N M 22.016 526.700 I 5�.000 I 18.724 528.700 Y' t29.00Q'
5t i M� i i
52 t MANAGEMENT PLANS y I I I I
53 Oxbow CreeWOther SVeam Asseasment 4,88(1 I I I
3 MenaaementPlans �I 5.0001 I I 5.000 5•OtN3
55 SUBTUTAL MGMT PLAMS h �.ean i �5.000 I SO I 55.000 1 i�b�*iib0'fr
581 1 M I I I 1
57 Contribu6on lo consWarant match M I 5,0001 I I 5.000 `5;000
I 1 Contrlbu8on to 3d Genere Plan M I I 9�87.
81 1 CAPITAL IMPROVEMENT PROJECTS M S07,b47 139.6001 55,0001 94A681 5735.600 114T Y
59 TU7AL OPERATING EXPENSE
I
60 M,
I I I I
621 1 M I I I I
831 1 M 1 I I
641 I TOTAL GP I S0 1 f0 1 I SO "::5�: i":. 30
�Pafh]4Yh1200Y ApproveC 6udpet.�dsBudpet
City of Brooklyn Center
A Millennium Community
The following information is provided in response to City Council questions that were raised at the last
meeting regarding the Watershed budgets.
Mana�ement Plan Exnenses:
The 2009 Budget summaries for the Shingle Creek and West Mississippi Watershed Commissions include
line items for certain tasks that are classified under "Management Plans". The Watershed classifies
various tasks as Management Plans, including general duties to study and manage surface waters within
the watershed boundaries (computer modeling, etc.) as wefl as the mandated Third Generation
Management Plan.
For 2009, the Shingle Creek Watershed has indicated that they have allocated $15,000 to be used to
begin development of a computer model to study the water quality treatment capacities and
characteristics within the Shingle Creek Watershed boundary. They have also allocated $118,900 to
fund the Shingle Creek DO/Biotic Integrity TMDL study. Both efforts are listed under "Management
Plans". The DO/Biotic study only applies to Shingle Creek. This is a TMDL requirement. More
information on TMDLs is provided below. The Shingle Creek Watershed has not altocated 2009
operating funds for the future costs of the Third Generation Management Plan.
The 2009 Budget for the West Mississippi Watershed includes $5000 to begin development of a
computer model to study the water quality treatrnent capacities and characteristics within the West
Mississippi boundary (similar to Shingle Creek above). This is listed under the category "Management
Plans". The Watershed has also indicated in the cover memo that they intend to allocate $9,870 in
available revenue in excess of the operating expenditures for funding future preparation of the Third
Generation Plan. I assume this means that they will set this amount aside in a reserve fund to be
applied to the future expense for the Third Generation Plan. West Mississippi has the financial ability to
set aside reserve funds, the Shingle Creek Watershed does not at this time.
Chloride Manaeement:
Every two years, the Minnesota Pollution Control Agency (MPCA) releases the 303(d) list of impaired
waters in Minnesota. Named after the section of the Clean Water Act in which the impaired waters law is
found, this list includes lakes, rivers and streams known to exceed water quality standards. Shingle Creek
was first listed for excessive chloride in 1998. To determine what should be done to reduce chloride in
the creek, the Shingle Creek Watershed Commission partnered with the Minnesota Pollution Control
Agency (MPCA) to compiete a speciai study called a Total Maximum Daily Load study, or TMDL.
The nine cities in the watershed, Hennepin County, and MnDOT worked together to develop an
Implementation Plan to start working toward a reduction in chloride discharge to Shingle Creek. The
TMDL study and Implementation Plan were approved by the Environmental Protection Agency (EPA)
and the Minnesota Pollution Control Agency (MPCA) on February 14, 2007. The nine cities, Hennepin
County and MnDOT are now working to implement the best management practices developed in the
TMDL study to begin reducing the amount of chloride discharge to the environment.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
There is no plan to stop using road salt on icy streets. The Implementation Plan includes activities to
incorporate new technology, including prewetting, pre-emptive anti-icing, and computer controlled salt
distributor equipment to improve the effectiveness of road salt so less can be applied. Brooklyn Center
has been aggressive in these efforts by starting to convert our snow plow truck fleet over to new salt
distributor technology, construction of a new salt storage building, training for both City and private salt
applicators and other efforts.
The Mississippi River is not currently identified for excessive chloride levels on the 303(d) list of
impaired waters.
Todd .&lomstro�n
Direct�r t�f Public T�rt�rl�s; C'ih� Engineer
Ciry of Brooklyn Center
6301 Shingle Crec�k Paf°kway
Brcioklyn Center, 55430
Tele�Izc�ne: 763-569-3340
Fax: 763-.��9-3494
I
City Council Agenda Item No. 1lc
COUNCIL ITEM MEMORANDUM
e TO: Curt Boganey, City Manager
FROM: Scott Bechthold
DATE: July 23, 2008
SUBJECT: Joint Powers Agreement regarding Public Safety related to the
2008 Republican National Convention
Recommendation:
I recommend that the City Council consider adoption of the Joint Powers Agreement (JPA)
approving the service of Brooklyn Center public safety officers during the 2008 Republican
National Convention (hereinafter referred to as 2008 RNC).
Background:
The 2008 RNC will be held in St. Paul, Minnesota from September 1-4, 2008. The Saint Paul Police
Department (SPPD) is the lead local agency responsible for providing public safety and crowd
control during the convention and related events preceding the convention. To provide for public
safety and crowd control, the SPPD is seeking the assistance of a number of non-SPPD law
en£orcement personnel. It is estimated 3,500 sworn law enforcement officers are needed to ensure
the safety of the tens of thousands of Minnesotans and out-of state visitors who will be attending this
event.
The RNC host committee has secured a$10 million Law Enforcement Professional Liability
Policy which protects the involved JPA cities to the extent of the policy's coverage. According
to SPPD representatives, no other national convention has held a policy with similarly-sized
limits and there have not been claims of this size or scope in past national conventions.
Our staffixfg avaiiability is adequate in that officers' service at the RNC will not disrupt the day
to day operations of the Brooklyn Center Police Department. Under the JPA our officers would be
working during their overtime hours. Furthermore, I have been informed by SPPD that our officers
will be assigned to positions that are in lower risk of liability. They will not be involved with rapid
response teams or the handling of protestors; instead they will be assigned to ride the buses
to/from delegate hotels or providing internal security at the Excel Center. Assistant City
Attorney Sarah Sonsalla has reviewed the JPA and is comfortable with the terms of the
agreement.
Budget Issues:
The City of Brooklyn Center will be reimbursed by SPPD's security subsidy fund for the
officers' overtime wages pius 1.45% Medicare ana 12.9% PERA fringe benefits. Meals and
travel durin the RNC will be rovided or reimbursed b
the SPPD. Also the SPPD will make
g P Y
every effort to process payment within 35 days after receipt of the complete Reimbursement
Request Package.
Attachments:
Joint Powers Agreement
League of Minnesota Cities Memorandum June 11, 2008
Sarah Sonsalla, Assistant City Attorney's Memorandum July 22, 2008
i O
L,EAGUE oF CONNECTING INNOVATING
MINNESOTA s�rrcE 1913
CITIES
July 18, 2008
Dear Mayor:
On behalf of the City of St. Paul, we are reaching out to strongly encourage your city to consider providing
law enforcement assistance for the Republican National Convention (RNC) to be held September 1-4, 2008.
We are contacting you at this time because a critical deadline is approaching July 31. By this date, the City
of St. Paul is required to demonstrate Minnesota's ability to meet the public safety needs required of this
convention. St. Paul still needs assistance from other cities to ensure the safety of the tens of thousands of
Minnesotans and out-of-state visitors who will be gathering in St. Paul for the convention.
Not only is the RNC event an excellent, real-life, training opportunity on how to work collaboratively with
other cities on a large scale, this event can showcase the outstanding law enforcement community we are
privileged to have here in Minnesota.
The League of Minnesota Cities Insurance Trust (LMCIT) has been working closely with the City of St.
Paul on certain aspects of the RNC event, including how to address the insurance needs of other cities
assisting during the RNC. Wliile there are liability risks inherent with this sort of collaborative effort, the
City of St. Paul has secured $10 million in law enforcement liability coverage to help address those
concerns.
In addition, LMCIT members' existing liability coverage would respond to claims arising from RNC
activities. LMCIT is also working to make another tier of optional excess liability coverage available
specifically covering police involvement with the RNC.
If your city would like more information on possible excess liability coverage or if you have any questions
about your existing LMCIT coverage, contact Ann Gergen, LMCIT, at aQereen(iri.lmc.or� or (651) 281-
1291.
Again, we hope your city will seriously consider lending your law enforcement officers to address the
public safety needs related to the RNC. This unique event can demonstrate to the world the Minnesota spirit
of collaboration and solidify Minnesota's reputation for local government excellence. Please contact Wendy
Underwood in the office of Mayor Chris Coleman (wendv.w�derwoodi?ci.sfiautann..us) as soon as possible
to learn how your city can help. Again, St. Paul needs to know if your city will help by July 31.
Thank you far your consideration of this request.
Sincerely,
James F. Miller
Executive Director
145 UNIVERSITY AVE. WEST PHONE: (651) ZH1-12O0 Fnx: (651) 281-1299
ST. PAUL, MN 55103-2044 TotL FxEE: (800) 925-1122 WEB: WWW.LMC.ORG
PUB SAFETY
JOINT POWERS AGREEMENT REGARDING LIC
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION
THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as
the "Agreement"), is made effective, except as otherwise made operationally effective as set
forth in Section 4 herein, on this day of 2008, by and between the CITY OF SAINT
PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting
through its Police Department (hereinafter referred to as the "SPPD") and the CITY OF
BROOKLYN CENTER, MINNESOTA, a municipal corporation, acting through its Police
Department (hereinafter referred to as the "Provider").
WHEREAS, the City is a host city for the 2008 National Republican Convention to be held
between September l, 2008 and September 4, 2008 (hereinafter referred to as the 2008 RNC
and
WHEREAS, the City has entered into a"City Service Agreement For The 2008 Republican
National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota
non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has
agreed to undertake certain public safety and security measures related to the 2008 RNC within
the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to
the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the
provision of such measures in other locations throughout the greater Saint Paul-Minneapolis
metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations
that may be subject to a Unified Command (as defined herein) (hereinafter such above-described
locations shall be collectively referred to as the "Security Event");
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the public safety and security measures required of an event the size and unique nature of the
2008 RNC; and
WHEREAS, the City of Brooklyn Center Police Department provides law enforcement services
to the Provider pursuant to the police powers and law enforcement authority granted under the
laws of the State of Minnesota; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the SPPD with the
Security Event; and
WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the
I "RRT"), comprised of licensed peace officers employed by the SPPD and certain other law
enforcement organizations, that will be established for the sole and exclusive purpose of
1
providing public safety-related aid and assistance to law enforcement organizations throughout
the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with
the City, similar to this Agreement, provided that such aid and assistance is actually and directly
related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary
circumstances, all as more fully set forth in Section 3.6 herein.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59,
commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and
626.77, and in consideration of the mutual covenants herein contained and the benefits that each
party hereto shall derive hereby, the Parties agree as follows:
1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-
LPOS
1.l The purpose of this Agreement is to set forth the terms and conditions whereby the
Provider will provide the City with the professional services of those certain licensed
peace officers identified on Attachment A attached hereto (such licensed peace officers
identified on Attachment A shall be collectively referred to herein as the "LPOs") to
assist the SPPD with the Security Event, and to set forth the terms and conditions in
which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance
of the RRT.
1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide
the City with persons who are employed and actively utilized by the Provider in a
public safety capacity who do not meet the criteria of an LPO as set forth in this
Agreement but whose special public safety training and experience may enable
such persons to provide further assistance to the SPPD with regard to the Security
Event (hereinafter such persons are identified on Attachment B attached hereto,
and shall be collectively referred to herein as the "Non-LPOs") (an example of a
Non-LPOs might include parking enforcement and/or traffic control officers,
detention staff, special deputies, and emergency center dispatchers). If the SPPD,
in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the
Provider in writing of the conditions by which the Non-LPOs will be used, and
such writing will be incorporated as an addendum to this Agreement.
1.1.2 Provider will exercise its best efforts to assist with the Security Event. The
parties acknowledge and agree that resource availability requires Provider to
exercise its best judgment in prioritizing and responding to the public safety needs
of its jurisdiction including, but not limited to, the Security Event. That
prioritization decision belongs solely to Provider. This Agreement does not entitle
City or the Security Event to a higher priority or special consideration during
Provider's prioritization process. Further, Provider may, at any time, recall its
LPOs when, it is considered to be in Provider's best interest to do so.
2
1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes,
Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads:
"(1) the peace officer has successfully completed professionally recognized peace officer
pre-employment education which the Minnesota Board of Peace Officer Standards and
Training has found comparable to Minnesota peace officer pre-employment education;
and
(2) the officer is duly licensed or certified by the peace officer licensing or certification
authority of the state in which the officer's appointing authority is located."
2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider
agrees that each of the LPOs shall also meet the following criteria:
A. That each LPO shall by reason of experience, training and physical fitness be
deemed in the sole discretion of the SPPD, that she/he is capable of performing
the duties required by the SPPD of each such LPO during the Security Event; and
B. That: (i) each LPO shall have been employed as a licensed peace officer for a
minimum of two (2) years in the United States; or (ii) in the event that an LPO
has been ern�loyed as a licensed peace officer for less than two (2) years in the
United States, that such LPO will at all times when providing the services
described in this Agreement, be directly supervised by an LPO who in addition to
satisfying the minimum criteria described in this Section 2.1 B. (i), shall also
possess sufficient supervisory skills and experience generally recognized and
accepted throughout the greater Saint Paul-Minneapolis law enforcement
community; and
C. That each of the LPOs are officers in good standing with the Provider.
Throughout the term of this Agreement, the Provider shall promptly notify the
SPPD in the event that any LPO is no longer an officer in good standing with the
Provider.
D. That throughout the term of this Agreement and subject to Chapter 13,
Minnesota Statutes, commonly known as the "Minnesota Governmental Data
Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give
notice using the form attached hereto as Attachment C, to the SPPD of any public
data, as defined by the MGDPA, related to internal affairs type of investigations
either pending and/or sustained against any LPO during the past three (3} years,
involving excessive/unnecessary/unreasonable use of force, improper conduct or
conduct unbecoming of a licensed law enforcement officer; and
E. That unless otherwise provided or requested by the SPPD, each of the LPOs
shall be equipped and/or supplied by Provider at Provider's own expense, with a
3
seasonally appropriate patrol uniform of the day and equipment, including but not
limited to service belts with Provider radio equipment, service weapon and
personal soft ballistic body armor that are required to be worn by each LPO while
on duty for the Provider; see Attachment E attached hereto for uniform and
equipment list; and
F. That Provider shall furnish all of the information required in Attachments
A and B attached hereto, for each LPO and Non-LPO, no later than ten (10)
business days after the effective date of this Agreement, with the understanding
that the City will hold the data in the same classification as the Provider does
under the MGDPA.
2.1.1 Provider acknowledges and agrees that at anytime during the term of this
Agreement the City has the sole discretion to decline to accept and/or use any
LPO or Non-LPO without cause or explanation.
2.2 The Provider agrees to provide the City with the following services:
A. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in training
activities related to the Security Event, that are coordinated or
conducted by the SPPD or its designee (hereinafter each such
training session shall be referred to as a"Security Event Training
Session") for a period of time commencing from the Security
Event Training Session Commencement Date to the Security Event
Training Session Termination Date as those respective terms are
defined in Section 4 herein; and
B. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD sha11 participate in the
Security Event for a period of time commencing from the Security
Event Commencement Date to the Security Event Termination
Date as those respective terms are defined in Section 4 herein.
C. That each LPO agrees to be placed by the SPPD, if so determined
by the SPPD, in an"On Assignment" status in which the LPO is
physically proximate to a Security Event location within the City
of Saint Paul, so as to be able to physically report in a timely
manner to such duty post assigned by the SPPD prepared to
undertake the specific job task or responsibility assigned to such
LPO by the SPPD related to the Security Event.
D. That at the request of the SPPD, each LPO and Non-LPO shall
participate in and/or provide information to and otherwise
cooperate with the SPPD in any "after action activities" following
4
the conclusion of a Securi Event Trainin Session and/or the
tY g
Security Event. For purposes of this Agreement "after action
activities" may include, but not be limited to the following
activities related to Security Event Training Sessions and the
Security Event: debriefings of information and experiences,
completion of surveys and questionnaires and assisting and/or
participating in any civil and/or criminal legal proceedings.
2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times
during each Security Event Training Session and/or the Security Event, each LPO
regardless of such LPO's rank or job title held as an employee of the Provider, shall be
subject to a structure of supervision, command and control coordinated through a unified
law enforcement command and following unified command principals and practices
established throughout the law enforcement community (herein referred to as "Unified
Command").
2.4 The Provider agrees to cooperate and provide the City, with any other information
reasonably requested by the City that the City deems necessary to facilitate and enable
compliance with the terms and conditions contained in this Agreement. By way of
illustration only, such cooperation and information may include, but not be limited to the
Provider s timely completion and production of information required for insurance
purposes and audit purposes.
3 CITY RESPONSIBILITIES
3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the
SPPD deems necessary. The substance of the training, including the locations, dates and
times of any Security Event Training Session, shall be detailed in a separate writing
provided from the SPPD to the Provider.
3.2 The City anticipates certain financial assistance will be provided to it by the federal
government and/or third parties other than the City (hereinafter referred to as the
"Security Subsidy"), to fully and completely fund andJor reimburse the Provider for the
necessary costs of participating in the Security Event Training Session[sj, the Security
Event, the RRT and any after action activities related thereto. Subject to the City s
good faith duty to provide the Provider with as much advance written notice that is
reasonable under the circumstances that the Security Subsidy is insufficient to reimburse
all or a portion of the costs and expenses described in this Agreement, Provider
acknowledges and agrees that the City's obligation to reimburse such costs or expenses
shall be limited only to the funds available in the Security Subsidy. In such event, City
a rees that funds available shall be distributed between/amon Provider and any other
g g
law enforcement organizations providing services under this or similar agreements in, at
least, a ratio based on each organization's contribution as a share of the total
contributions
5
3.3 Subject to the prior written approval of the City and the Provider's compliance with the
requirements of Section 5 of this Agreement, the City agrees to provide reimbursement
from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are
actually utilized by the SPPD during the Security Event Training Sessions and/or the
Security Event, for the following: the prevailing hourly contract wages at the rate of one
and one-half times, together only with the employer's share of Medicare and PERA
contributions being paid by the Provider to each LPO and Non-LPO (based on such
hourly wages and employer's share of Medicare and PER.A contributions described in
Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO
have been actually utilized by the SPPD in accordance with this Agreement. Unless
otherwise agreed to in writing by the City, the City shall only reimburse the Provider in
accordance with this Agreement for any pre-approved reimbursable costs incurred by the
Provider related to the actual participation by an LPO or Non-LPO in a Security Event
Training Session, only upon the satisfaction of one of the following conditions: (a) the
actual participation by such LPO or Non-LPO in the Security Event as required by the
SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in
the Security Event as required and needed by the SPPD hereunder, despite the LPO or
Non-LPO not having actually participated in the Security Event.
3.4 The person responsible on behalf of the SPPD far the daily operation, coordination and
implementation of this Agreement, which responsibilities shall include, but not limited to,
determining the assignxnents of the LPOs, shall be SPPD Assistant Chief Matt Bostrom
(hereinafter referred to as the "Coordinator"). Except as otherwise provided in this
Agreement, all contact or inquiries made by the Provider with regard to this Agreement
shall be made directly to the Coordinator ar the Coordinator's designee.
3.5 The City shall provide the Provider with the eligibility guidelines for the costs described
nt Form
in this Section 3 and a checklist for submitting the Reimbursement Payme
attached hereto as Attachment F, and related required documentation.
3.6 The RRT will be established for the sole and exclusive purpose of providing public
safety-related aid and assistance as requested by law enforcement organizations with the
legal responsibility for providing police services to local units of government throughout
the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who
have entered into an agreement substantially similar to this Agreement, with the City,
provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC;
and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For
purposes of this Agreement, the term "extraordinary circumstances" sha11 mean those
circumstances that significantly exceeds the usual and customary ability of the
Requesting Party to effectively and safely provide police services within its jurisdictional
boundaries (which by way of example only, may include, but not be limited to, providing
security for critical infrastructure, transportation routes and venues and facilities).
Nothing contained in this Agreement shall preclude the Provider from also becoming a
Requesting Party and availing itself of the RRT in accordance with this Section 3.6.
6
4 E
TERM OF AGRE MENT
4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement
shall become operationally effective as follows:
4.1.1 Securitv Event Trainin� Sessionfsl The Security Event Training Session
Commencement Date and the Security Event Training Session Termination Date
shall be the date[s] and time[s] so referenced in the writing described in Section
2.2 A of this Agreement which writing will incorporate the terms and conditions
of this Agreement.
4.1.2 Securitv Event The Security Event Commencement Date and the Security Event
Termination Date shall be the date[s] and time[s] so referenced in a separate
writing to be provided by the SPPD to the Provider, which writing will
incorporate the terms and conditions of this Agreement.
4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event
Training Session Termination Date[s] and the Security Event Termination Date
upon verbal or other non-written notice provided to Provider.
5 BILLINGS AND PAYMENTS
5.1 That in consideration for the Provider's faithful performance of this Agreement, the City
hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3
herein and this Section 5. Notwithstanding any other provision contained in this
Agreement, the Provider agrees that the City's reimbursement to the Provider from the
Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable
in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and
the Provider no later than June 30 2Q08. This not to exceed amount shall be
memorialized in a separate writing that will be incorporated as an addendum to this
Agreement.
5.2 Reimbursement Reauirements
5.2.1 Except as may otherwise be provided either by this Agreement or with the written
consent of the City, any payments due and owing by the City to the Provider for
approved reimbursable costs and expenses described in this Agreement for which
the Provider has completed and delivered to the City all of the documentation
required herein, shall be made no earlier than the Security Event Termination
Date. Subject to the conditions described in this Section 5.2.1, the City shall make
every effort to make the payment to the Provider within thirty-five (35) days after
the City's receipt of all of the documentation required herein.
5.2.2 As a condition precedent to receiving any reimbursement from the City for
approved reimbursable costs and expenses described in this Agreement, the
Reimbursement Payment Form, referenced in Attachment F, attached hereto,
must:
A. Be submitted to the City no later than November 15, 2008, unless such
deadline is otherwise extended with the written consent of the City. The
Reimbursement Payment Form shall be submitted to the Attention of Lori
Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700,
City of Saint Paul, NIN 55102; and
B. Include a cover letter signed by the Provider's Chief Financial Officer or
his/her designee, detailing the total amount sought to be reimbursed and a
including a suminary narrative and cost overview that provide context to
the submission, including any unusual circumstances, all provided under
the following certification: "I certify that all information presented in this
application supports only costs incurred for security related services
provided for the 2008 Republican National Convention, and that all
information was obtained from payroll records, invoices or other
documents that are available for audit. and
C. Include an itemized invoice as specified on checklist; and
D. Include all back-up documentation, as outlined on the checklist provided
by the Crty to the Provider.
5.2.3 In addition to any other requirements contained herein, Provider agrees that it will
promptly provide to the City upon request, any other information or
documentation of approved reimbursable costs and expenses described in this
Agreement as may be required by the federal government as a condition to the
City's receipt of the Security Subsidy. All records must be maintained for future
audits and the entity being reimbursed will be fiscally responsible for the results
of any such audit.
5.2.4 Any questions regarding this reimbursement process should be directed to:
Lori Lee or designee, Office of Financial Services.
5.2.5 The Provider acknowledge and agree that the City's obligations to provide
reimbursement pursuant to this Agreement are solely and exclusively limited to
the Security Subsidy, and that the City shall not be liable for any payment
hereunder: (i) to the extent that the Security Subsidy is insu�cient to fully
reimburse the Provider and the City provides the notice described in Section 16 of
this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy
determine, independent of the City and the SPPD, that a cost that may otherwise
be reimbursable pursuant to the terms of this Agreement, is not eligible for
8
reimbursement and that any payment for reimbursement previously made by the
City to the Provider is deemed to be ineligible by the funder[s] and is required to
be returned to the funder[s].
5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement
or to provide in any manner the work or services as agreed to herein, the City reserves the
right to withhold any payment until the City is satisfied that corrective action has been
taken or completed. This option is in addition to and not in lieu of the City's right to
termination as provided in the sections of this Agreement.
6 AGREEMENT MANAGEMENT
6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has
identified the following person[s] as persons to contact only with regard to the following
matters regarding the Agreement:
(Lisl numes) (Lisl respo�sibilities)
7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION
7.1 For purposes of this Agreement, the following words and phrases shall have the meanings
set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Workproduct" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that are
used or belong to SPPD or results from Provider's services under this Agreement.
"Supporting documentation shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other evidences
used to generate any and all work performed and work products generated under this
Agreement.
`Business records" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to SPPD or Provider
and pertain to work performed under this Agreement.
7.2 All deliverable work products, supporting documentation and business records or copies
thereof, that are needed from or are the results from the Provider's services under this
Agreement shall be delivered to the City either pursuant to this Agreement or upon
reasonable request of the City.
7.3 The City and the Provider each agrees not to release, transmit, disclose ar otherwise
disseminate information associated with or generated as a result of the work performed
under this Agreement without prior notice to the other. Except as otherwise required by
federal and/or state law, neither the City nor the Provider shall release, transmit, disclose
ar disseminate any security information, security service or security service data, defined
i9
under Minnesota Statutes, Sections 13.37 and 13.861 or any like data., as defined and/or
required in all federal, state, and local laws or ordinances, and all applicable rules,
regulations, and standards.
7.4 In the event of termination, all supporting documents and business records prepared by
the Provider under this Agreement, shall be delivered to the City by Provider by the
termination date.
7.5 Both the City and the Provider agree to maintain all business records in such a manner as
will readily conform to the terms of this Agreement and to make such materials available
at its office at all reasonable times during this Agreement period and for six (6) years
from the date of the final payment under the contract for audit or inspection by the City,
the Provider, the Auditor of the State of Minnesota, or other duly authorized
representative.
7.6 Both the City and the Provider agree to abide strictly by Chapter 13 Minnesota
Government Data Practice Act, ("MGDPA")and in particular Minnesota. Statutes,
Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), 138.17 and 15.17. All of the data
created, collected, received, stored, used, maintained, or disseminated by the Provider or
the City in performing functions under this Agreement is subject to the requirements of
the MGDPA and both the City and the Provider must comply with those requirements. If
any provision of this Agreement is in conflict with the MGDPA or other Minnesota state
laws, state law shall control.
8 EQUAL OPPORTUNITY EMPLOYMENT
Neither the City nor the Provider will discriminate against any employee or applicant for
employment for work under this Agreement because of race, creed, religion, color, sex,
sexual or affectional orientation, national origin, ancestry, familial status, age, disability,
marital status, or status with regard to public assistance and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment
without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their
forms of compensation; and selection for training, including apprenticeship.
9 COMPLIANCE WITH APPLICABLE LAW
Both the City and the Provider agree to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency
of such governmental units, which are now or hereafter promulgated insofar as they relate
to their respective performances of the provisions of this Agreement.
10 CONFLICT OF INTEREST
10.1 Both the City and the Provider agree that it will not contract for or accept employment for
10
the performance of any work or services with any individual, business, corporation, or
government unit that would create a conflict of interest in their respective performances
of their obligations pursuant to this Agreement.
10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance
with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: `Bxcept
as permitted by law, no City official or employee shall be a party to or have a direct
financial interest in any sale, lease, or contract with the City.
10.3 Both the City and the Provider agree that, should any conflict or potential conflict of
interest become known the art learnin of such conflict or otential conflict shall
P Y g
P
I ation can be made about each
advise the other art of the situation so that a determin
P Y
reement.
party s ability to continue performing services under this Ag
11 INSURANCE
11.1 The Host Coznmittee for the 2008 RNC, at its own cost, shall provide the following
insurance coverage in which the Provider shall be covered as a named insured party:
A. Police Professional Insurance (the "Insurance Coverage") providing coverage
for claims arising out of actions of each LPO and Non-LPO who provide security
and law enforcement during the convention and convention related events with a
limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced
by a certificate of insurance provided to the Provider providing at least a ten (10)
day notice of cancellation or any significant material change in coverage.
11.1.1 The Provider agrees to be bound by the terms and conditions contained in the
I Insurance Coverage policy ("Policy"), the terms and conditions of which are
incorporated herein by reference.
11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide
coverage during the time period set forth in the Policy.
11.1.3 The Provider agrees that is shall cooperate with the insurer who will be
underwriting the Insurance Coverage by timely providing information as
reasonably requested by said insurer or its designees. For purposes of this Section
11.1.3, this cooperation will include, but not be limited to both the underwriting
process and the claims process, and this obligation shall survive and extend if
necessary, beyond the termination of this Agreement.
11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs.
The Provider will maintain workers' compensation insurance or self-insurance equivalent
coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non-
LPOs are providing services pursuant to this Agreement. The Provider waives the right to
sue any other party for any workers' compensation benefits paid to its own LPOs or Non-
11
LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused
wholly or partially by the negligence of any other party.
12 INDEPENDENT CONTRACTOR• RULES OF CONDUCT
12.1 Notwithstanding any other provision of this Agreement, including, but not limited to
Section 2.3, rt is understood and agreed by the parties hereto that,
at all times and for all
purposes within the scope of the Agreement, the relationship of the Provider to the City is
that of independent contractor and not that of employee. No statement contained in this
Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to
be employees of the City, and the Provider shall be entitled to none of the rights,
privileges, or benefits of City employees.
12.2 Duxing the Security Event Training Session[s] and the Security Event, each LPO sha11 be
required to comply with the rules of conduct established by the Provider, the SPPD
andlor the Unified Command. In the event that a conflict exists between the Provider's
rules of conduct and the SPPD's rules of conduct and the Unified Command has not
otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The
I
Coordinator or his designee shall refer disciplinary matters involving LPOs to the
Provider for an investi ation. Based on the 'ud ment of the Coordinator or his desi nee,
g J g g
if a particular matter represents probable cause for the issuance of a criminal complaint,
the matter shall be referred directly to an external law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
13 SUBCONTRACTING.
Both the City and the Provider agree not to enter into any subcontracts for any of the
work contemplated under this Agreement without obtaining prior written approval of the
other party.
14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES
14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and
those of its officials, employees, representatives and agents in carrying out the terms of
this Agreement and the results thereof to the extent authorized by law and shall not be
acts andlor omissions of the other art and the results thereof.
responsible for the p y
ntained in this Sectio
n 14.1 shall waive nor
Notwithstanding the foregoing, nothing co
shall be construed to waive any rights and benefits either pariy has with regard to its
status under the insurance coverage described in Section 11 of this Agreement.
14.2 It is understood and agreed that each party's liability shall be limited by the provisions of
Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other
applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be
construed to waive or amend any defense or immunity that either party, their respective
12
officials and employees, may have under said Chapter 466, or any common-law
immunity or limitation of liability, all of which are hereby reserved by the parties hereta
15 ASSIGNMENT
The City and the Provider each binds itself and its successors, legal representatives, and
assigns of such other party, with respect to all covenants of this Agreement; and neither
the City nor the Provider will assign or transfer their interest in this Agreement without
the written consent of the other.
16 EVENTS OF DEFAULT; TERMINATION
16.1 Bv the Citv The City may terminate this Agreement based on the occurrence of any of
the following events:
A. the cancellation of the 2008 RNC;
B. the determination made in the sole discretion of the City, that the
Security Subsidy is insufficient to reimburse all or a portion of the
costs and expenses described in Section 3 of this Agreement,
which determination must be made and disclosed to the Provider
prior to the Security Event Commencement Date;
C. the failure of the Host Committee to purchase and provide the
insurance coverage described in Section 11 of this Agreement in a
timely manner determined by the City;
D. the failure of the Provider to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the City or
SPPD provides Provider with notice of such default.
16.2 Bv the Provider The Provider may terminate this Agreement based on the occurrence
of any of the following events:
A. without cause, prior to any Security Event Training Session[s]
Commencement Date[s] in which any of the Provider's LPOs shall
participate;
B. the cancellation of the 2008 RNC;
C. the failure of the Host Committee to provide the Provider with
evidence in the form of a certificate of insurance naming the
Provider as a named insured in the policy of insurance coverage
described in Section 11 of this Agreement;
13
D. the Provider's receipt of the notice described in Section 3.2 of this
Agreement;
E. the failure of the City to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the Provider
provides the SPPD with notice of such default.
16.3 Both the City and the Provider shall act in good faith, to provide as much advance written
notice of an event of default in this Section 16, to the other party that is reasonable under
the circumstances.
16.4 In the event of termination, the City will only pay Provider for those services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter
until the date of termination. Except as otherwise provided in this Section 16.4, neither
the City nor the Provider shall be entitled to the recovery of any consequential damages
or attorney fees related to an event of default hereunder.
17 GOOD FAITH DISPUTE RESOLUTION
The City and the Provider shall cooperate and use their best efforts to ensure that the
various provisions of this Agreement are fulfilled and to undertake resolution of disputes,
if any, in good faith and in an equitable and timely manner. In the event such a dispute
arising out of or relating to this Agreement or breach thereof cannot be resolved
exclusively among the parties, such dispute shall be referred to non-binding mediation
before, and as a condition precedent to, the initiation of any legal action hereof, provided
for herein. Each party agrees to participate in up to four hours of inediation. The
mediator shall be selected by the parties, or if the parties are unable to agree on a
mediator then any party can request the administrator of the Ramsey Cou�ty District
Court Civil ADR Program and/or similar person, to select a person from its list of
qualified neutrals. All expenses related to the mediation shall be borne by each party,
including without limitation, the costs of any experts or legal counsel. All applicable
statutes of limita.tions and all defense based on the passage of time are tolled while the
mediation procedures are pending, and for a period of 30 days thereafter.
18 AMENDMENT OR CHANGES TO AGREEMENT
18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when reduced to writing and duly signed by the parties hereto, after all
appropriate and necessary authority has been acquired by each such party.
18.2 Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term "this Agreement" as used herein
14
shall be deemed to include any future amendments, modifications, and additional
schedules made in accordance herewith.
19 NOTICES
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
To City: To Provider:
20 WAIVER
Any fault of a party hereto to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
21 SURVIVAL OF OBLIGATIONS
21.1 The respective obligations of the City and Provider under these terms and conditions,
which by their nature would continue beyond the termination, cancellation, or expiration
hereof, shall survive termination, cancellation or expiration hereof.
21.2 If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall
terminate. If a provision is so terminated but the parties hereto legally, commercially, and
practicably can continue this Agreement without the terminated provision, the remainder
of this Agreement shall continue in effect.
22 INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
23 FORCE MAJEURE
Neither the City nor the Provider sha11 be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control,
including, but not limited to: severe weather and storms, earthquake or other natural
occurrences, strikes and other labor unrest, power failures, electrical power surges or
current fluctuations, nuclear or other civil military emergencies, or acts of legislative,
judicial, executive, or administrative authorities.
15
24 ENTIRE AGREEMENT
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
CITY OF SAINT PAUL CITY OF B�OOKLYN CENTER
By: By:
Its: Mayar Its:_Mayor
Date: Date:
Approval Recommended: Approval Recommended:
By: By:
Its: Chief of Police Its: Chief of Police
Saint Paul Police Department Brooklyn Center Police Department
By: By:
Its: Director, Office of Financial Services Its:
By:
Its: Director, Department of Human Rights
Approved as to form and legality: Approved as to form and legality:
By: By:
Its: Assistant City Attorney Its:
Funding: Provider's Taxpayer I.D. No,
Activity and Activity Manager Signature
16
Sarah J. Sonsalla
470 U.S. Bank Plaza
200 South Sixth Street
q Minneapolis MN 55402
R (612) 337-9284 telephone
(612) 337-9310 faac
ssonsalla@kennedy-graven.com
CHARTERED
MEMORANDUM
TO: Chief Scott Bechthold
FROM: Sarah Sonsalla, Assistant City Attorney
DATE: July 22, 2008
RE: Review of Republican National Convention Joint Powers Agreement
I reviewed the Joint Powers Agreement for the Republican National Convention on
behalf of the City.
A. The following are issues that the City should be aware of when entering into the
Agreement:
1. Section 2.1 B. The City should be aware that the law enforcement officers that it
will be providing to St. Paul must have been employed as licensed peace officers
for at least two years in the United States. If an officer does not meet this
requirement, the City must provide a supervisar for the officer. The supervisor
must attend the event with the officer.
2. Section 2.1 D. The City must give notice to St. Paul of any public data. related to
any internal affairs-type investigations that are either pending or sustained against
the law enforcement officers that it will be providing for the Convention that
occurred during the past three years involving any
excessive/unnecessary/unreasonable use of force, improper conduct or conduct
unbecoming of a licensed law enforcement officer.
3. Section 2.1 E. The City is required to equip and supply its officers at its own
expense with uniforms and equipment. The equipment that is required to be
supplied by the City is specified in Attachment E of the Agreement.
4. Section 2.2 A. The City's officers will be required to participate in training
related to the Convention. St. Paul will reimburse the City for its officers'
attendance at training sessions.
i
336917v1 3JS BR291-20 1
5. Section 2.2 D. The City's officers will be required to cooperate with St. Paul
after the Convention with respect to follow-up activities related to the
Convention, including, but not limited to, completing surveys, participating in
debriefings and participating in criminal or civil legal proceedings, if requested.
6. Section 3.2. The City should be aware that St. Paul's obligation to reimburse the
City for its costs or expenses is limited to the funds available in the security
subsidy that St. Paul will be receiving from the federal governxnent and third
parties. In the event that St. Paul's expenses exceed the amount of the subsidy,
the funds will be distributed among the service providers in a ratio based on each
organization's contribution as a share of total contributions. According to St. Paul
and the League of Minnesota Cities, there is no reason at this time to believe that
the security subsidy will not be sufficient to fully reimburse the City. However,
the City should be aware that there is a possibility that it may not be fully
reimbursed or reimbursed at all. Also, the City should note that there will be no
compensation for the backfilling of positions due to the City's officers providing
security during the Convention.
7. Section 5.1. The City and St. Paul are required to agree on an amount for the
City's services to be provided that reimbursement is not to exceed. Once that
amount is agreed upon, the City's reimbursement cannot exceed that amount,
even if the City's actual expenses exceed that amount.
8. Section 5.2.1. The City should be aware that it will not be reimbursed by St. Paul
for any of its services until after the Convention is over.
9. Section 7.4. The City is required to supply St. Paul with supporting
documentation and business records related to the services performed by the City
pursuant to the Agreement. The City also must maintain all business records
related to the services for at least six yeaxs.
B. As you know, the League of Minnesota Cities had some concerns about the JPA.
The League raised the following issues in a memorandum dated June 1 l, 2008:
1. Section 11.1. The League has a concern that the insurance coverage that is to be
provided by the Host Committee on behalf of St. Paul might not be sufficient.
Due to the fact that there will probably be many protesters at the Convention,
there is an increased possibility of violence, which means that there could be
many claims against police officers. These claims could include possible civil
rights claims which could exceed the $10,000,000 liability limit of the Host
Committee insurance policy fairly quickly because these types of claims are
outside of the statutory tort liability limits. The League has been told by St. Paul
that the claims from previous conventions have never surpassed $10,000,000
which is hopefully a good indication that the limit will be sufficient. In the event
that the liability limit of the insurance policy is exceeded, the City's LMCIT
coverage would cover the City. However, it is still possible that claims could
336917v1 SJS BR291-20 2
always exceed the liability limits of the Host Committee's insurance policy and
the City's LMCIT policy.
I s oke with John Kell one of St. Paul's assistant cit attorne s who drafted the
P Y� Y Y
Agreement about this issue. John informed me that the liability limit for the Host
Committee insurance policy does not include defense costs, which are covered
separately and there is no limit for these costs. John informed me that most of the
costs relating to events like the Convention are usually defense costs. John also
told me that the $10,000,000 liability limit amount was not arrived at arbitrarily.
St. Paul spent a lot of time researching the issue and deciding the amount. There
were many meetings with several cities' public risk managers and the insurance
broker. The amount was determined by studying the claims that arose from many
past high-profile events (such as other political conventions, the Olympics, etc.)
and doubling the amount of the total claims from the event that had the highest
amount.
2. Section 11.2. This Section is the League's biggest concern ("[t]he [City] shall be
responsible for injuries or death of its own [personnel]"). The League is
concerned about this Section because if the Host Committee's insurance is not
sufficient, this Section could cause the parties to blame each other. The
Agreement states that assisting officers are under the supervision, command and
control of the St. Paul Police Department yet the City is responsible for its own
acts andlor omissions and those of its officials, employees, representatives and
agents in carrying out the terms of the Agreement. This sets up a potential
conflict between the City and St. Paul in the event that they are both named as
defendants in a lawsuit.
According to John Kelly, contraxy to what was previously believed, the assisting
officers will not be under the command and control of the St. Paul Police
Department. This statement was in previous versions of the Agreement, but has
been removed. Instead, a system will be used that is known in the law
enforcement community as "unified command." It is supposedly widely used by
law enforcement agencies. The assisting officers will work collaboratively, but
within their own departments.
3. The League is also concerned that the Agreement does not address claims that the
City might have with a party other than St. Paul. Tf officers from a number of
jurisdictions are working together, there is no agreement to address liability in
these cases. It is the League's opinion that in addition to liability issues, this
could affect workers' compensation claims.
As discussed above, the assisting officers from the City will work collaboratively,
but within their own departments. This means that they will not be mixed with
assisting officers from other departments on an assignment. Therefore, the City
should not have any claims against any other departments, other than St. Paul.
336917v1 SJS BR291-20 3
4. The League has also commented that the Agreement does not address damage to
equipment. John Kelly has informed me that the City's assisting officers will not
be using any equipment (other than minimal equipment such as weapons and
uniforms). The will not be using any vehicles or other expensive equipment.
Y
5. On July 18, 2008, the League sent a letter to all mayors, city clerks and
administrators that asked them to seriously consider providing law enforcement
assistance for the Convention. In this letter, the League stated that "[w]hile there
are liability risks inherent with this sort of collaborative effort, the City of St. Paul
has secured $10 million in law enforcement liability coverage to help address
those concerns. In addition, LMCIT members' existing liability coverage would
respond to claims arising from RNC activities. LMCIT is also working to make
another tier of optional excess liability coverage available specifically covering
police involvement with the RNC."
Conclusion
Based on the information that I have received from St. Paul and the July 18, 2008 letter
from the League, I am comfortable with the terms of the Joint Powers Agreement. However, this
is based on the representations made by St. Paul that officers from the assisting cities will not be
performing any high-risk type of work (such as dealing with the protestors). If you review the
June 11, 2008 League memorandum, you will see that the insurance coverage issues mainly arise
when high-risk work is involved. Therefore, I think that it is important that the City be aware of
the type of work St. Paul will be assigning to its officers.
I think that the City Council can approve the Joint Powers Agreement, but if you have not
already done so, you should find out the type of wark that the officers will be performing at the
Convention.
i
336917v1 SJS BR291-20 4
O O
�,EAGUE oF CONNECTING INNOVATING
MINNESOTA scrrcE i9i3
CITIES
June 1 l, 2008
To: LMCIT Members
Re: Considerations in responding to requests for public safety assistance at the Republican
National Convention
The Republican National Convention (RNC) will be held in St. Paul, Minnesota from September
1-4, 2008. The Saint Paul Police Department (SPPD) is the lead local agency responsible for
providing public safety and crowd control during the convention and related events preceding the
convention. To provide far pubhc safety and crowd control, the SPPD is seekmg th
e assistance of
a number of non-SPPD law enforcement personnel, including law enforcement personnel from
cities that are members of the League of Minnesota Cities Insurance Trust (LMCIT).
St. Paul has developed a"Joint Powers Agreement Regarding Public Safety Related to 2008
Republican National Convention" (JPA) that must be executed by each city planning to provide
law enforcement personnel during the RNC. It is LMCIT's understanding that St. Paul wishes to
have the same agreement with all governmental entities. Accordingly, SPPD has indicated the
terms of the JPA are not negotiable at this point in time.
A number of LMCIT members have asked us to review and provide comments regarding the JPA.
The decision whether to enter into a JPA with St. Paul to provide public safety services in
conjunction with the RNC is one each city will need to consider and make for itself. A city's
choice to assist may depend on its own evaluation of the risks, staffing availability, adequacy of
proposed reimbursement terms, etc. Please remember that in most cases only the city council is
i
authorized to enter into contracts so the decision to provide assistance to the RNC under the JPA
is one that the city council needs to make, most likely after hearing from the police chief and city
attorney.
JPA Considerations
The most critical item LMCIT would note in a city's consideration is the way that liability is
handled under the JPA. Typically in a joint powers or mutual aid agreement, LMCIT advises
cities to try to put all liability with one party to the agreement. For example, we routinely
recommend the city requesting assistance should accept liability. This approach is consistent
with the way Minnesota Statutes, Section 12.331, which authorizes political subdivisions to
provide emergency aid to each other, allocates liability in disaster assistance situations.
i
LEAGUE OF 1vtI[�TI�TESOTA CITIES
j j� jJ j�j� C E"j'Rjj s'j' zzz sourx srx sT:, suire i3oo eHOrrE: (612) 766-3000 Fnx: (612} 766-3199
LOSS CONTROti FIELD SERVICES MINNEAPOLIS, MN 55402-3332' TOLL FREE: (HOO) �9-��07 WEB: WWW.LMC.ORG
Republican National Convention JPA
Page 2
The JPA does not place liability with one party. Rather, the JPA states that each party "will be
responsible for its own acts andlor omissions and those of its officials, employees, representative
and agents in carrying out the terms of this Agreement...and shall not be responsible for the acts
and/or omissions of the other party." See Section 14. L
While it may sometimes seem appropriate to make parties responsible for their own acts or
omissions, and city contracts do sometimes contain such provisions, it can greatly complicate the
defense of a lawsuit by creating conflict and litigation between the parties and requiring multiple
defense attorneys. Thus, a city should consider the potential burdens of defending a lawsuit if it
gets sued over conduct that happens pursuant to the JPA.
For example, let's assume a police officer from City A injures a protestor. The protestor sues City
A alleging the officer from City A was negligent. The protestor also sues City B because the
officer from City A was under the command of an officer from City B at the time ofthe incident.
The protestor also sues City C alleging City C did not properly train the officer from City A. So
who is responsible? It's hard to tell. Each city will have its own attorney and there will be a lot of
finger pointing among the defendants which will probably strengthen the protestor's case. If
liability had been placed on one party, the internal disputes would have been removed and one
attorney could have been assigned to represent all three cities.
A city should also consider the type of services that its police officers will be asked to provide
during the RNC. Some services may be deemed to create a lower risk of liability. Of course, there
is no way to predict what actions may lead to claims. St. Paul officials have stated that the
perceived higher risk activities to be performed by rapid response teams under the JPA will be
mostly performed by non-LMCIT members.
There are a couple other provisions of the JPA that cities may wish to specifically review and
consider:
Workers' Compensation. The parties to the agreement are responsible for injuries or death
to their own employees and agree to waive claims against the other city. See Section 11.2.
Accordingly, a city executing the JPA cannot bring a claim against St. Paul and St. Paul
cannot bring a claim against the other city. This is the manner LMCIT recommends
handling workers' compensation. Since each city pays for the workers' compensation
coverage of its own employees, it makes sense that a city should be responsible for injuries
to its own employees. This also helps to eliminate conflicts between governmental entities.
The JPA, however, is only an agreement with St. Paul. Thus, a city entering into the
a reement would not be recluded from bringing a claim against a third governmental
g P
entity that injured a city's police officer. Accordingly, there_is some risk that a city
entering into the agreement could be faced with defending a claim that the city's police
officer injured an officer from a governmental entity other than St. Paul.
i
Re ublican National Convention JPA
P
Page 3
Reimbursement. Cities will be reimbursed at "the prevailing contract wages at the rate of
one and one-half times, together with the employer's share of Medicare and PERA
contributions." See Section 3.3. St. Paul's obligation to reimburse a city is limited to the
funds available in its security subsidy. See Sections 3.2, 5.2.5. St. Paul has a"good faith
duty" to provide cities with as much advance notice as possible if it believe the security
subsidy will be insufficient to reimburse all or a portion of a city's costs and expenses. See
Section 3.2. A city may also withdraw from the JPA if St. Paul notifies a city that the
security subsidy will be insufficient. See Section 16.2(D). One consideration for cities to
make is whether the reimbursement will be sufficient for any "backfilling" to cover local
needs while some officers respond to the RNC.
The JPA does not address damage to property. However, any claims for damage to a city's
properly would be addressed by the city's LMCIT coverage, to the extent that such
properiy is covered.
Additional information relating to joint powers issues can be found in the following LMCIT Risk
Management Information memos which are available on the League website:
Liabili Covera e for Joint Powers A reements
tY g g
(http://www.lmnc.�r�/ndfs/LMCITMemos/I,iabilitvCovera�eJointPowers.nd fl
Risk Allocation and Coverage Issues for Joint Powers and Mutual Aid Agreements
(http://www.lmnc.or�/r�dfs/LMCITMemos/RiskAndCovera�eJtPo�versIVIAA.�dfl
Joint Powers Agreements: An Outline of Risk Considerations
(httn://www.lmnc.or�/ndf s/LMCITMemos/JointPowersA�reementsRisk.Considerations
•��d�
Liabilitv Insurance
The host committee for the RNC has secured a$10 million Law Enforcement Professional
Liability Policy. Each city that executes the JPA will be a"named insured" on the policy and will
be protected to the extent of the policy's coverage.
One consideration for LMCIT members considering responding under the proposed JPA is
fficient. The 10 million rovided is
whether the $10 million limit rovided under this olic is su
P P Y P
subject to an aggregate limit, meaning that the most the policy will pay out is $10 million for any
and all claims. If there are multiple claims of civil rights violations or similar claims to which the
state afforded tort cap protections do not apply, these limits could be insufficient.
According to SPPD representatives, no other national convention has held a policy with similarly-
sized limits and there have not been claims of this size or scope as a result of past national
conventions. While this is certainly no guarantee of whether $10 million is sufficient liability
coverage, a city could reasonably determine that the risk of this policy being inadequate is
minimal.
Republican National Convention JPA
Page 4
The following is a brief summary of the policy:
•$10 million limit of liability for each wrongful act.
•$10 million aggregate limit (i.e., the most the policy will pay out is $10 million for any and
all claims).
No deductible.
Occurrence policy (i.e., coverage for losses which occur during the policy period,
regardless of when the claim is asserted).
The coverage is primary (the policy will respond to a claim before a city's LMCIT
coverage applies, subject to the policy limits).
Defense costs are outside the liability limit (however, attorney fees or expenses awarded to
a plaintiff would be subject to the limit).
In terms of the coverage, it is important to look at the exclusions in Section V of the law
enforcement policy. The policy excludes coverage for a"willful violation...of any federal, state,
or local statute, ordinance rule, or regulation" and any "dishonest, fraudulent, bad faith, criminal or
malicious: [a]ct; [e]rror or [o]mission." It is easy to imagine that a claim might involve allegations
of this kind of conduct. The terms of the policy indicate coverage for damages in a claim of this
sort against a peace officer would be excluded, although the policy may provide for defense.
More importantly, the policy language seems to exclude coverage for damages against the city
when an officer is found to have acted in willful violation, bad faith, etc. The policy also appears
to exclude any claim for punitive damages. It is our understanding that some of the terms of the
policy are still being clarified, specifically with regards to coverage for a city when its officer is
found to have acted in willful violation of the law, bad faith, or similar.
One factor that cities should consider is that municipal tort liability limits of $400,000 per claimant
and $1.2 million per occurrence would not apply to federal claims against a police officer,
including claims of excessive force. In addition, cities should be aware that if a plaintiff is
successful, the city could be ordered to pay a substantial award of attorney fees even if the
actual damages awarded to the plaintiff are relatively small. The payment of a plaintiff's
attorney fees would count toward the $10 million policy limit.
If the $10 million limit of the law enforcement liability policy is exhausted, a city's LMCIT
liability coverage would provide excess coverage. In other words, a city's LMCIT coverage
would respond to a claim against the city or a city's police officer that arose from the
officer's actions during the RNC. Such a claim would be subject to the city's deductible and
LMCIT coverage limits.
In addition, the claim would affect a ciTy's experience rating. The experience rating formula
used by LMCIT looks at a city's past loss experience as a way to project the city's future
losses. The experience rating will then be used to determine future premiums. A claim could
also affect the amount of a dividend that is returned to a city by LMCIT. A dividend is only
Republican National Convention JPA
Page 5
returned when there are unneeded surplus funds. There is never a guarantee that LMCIT will be
able to return a dividend in any given year.
In conclusion, each city must make a decision whether it will enter into the JPA with the City of
St. Paul taking into account the city's desire to provide security during the RNC versus possible
risks to the city by providing security.
cuss s ecific concerns that a ci ma
Re resentatives from the Cit of St. Paul are available to dis ty y
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have regarding the JPA. Law enforcement matters should be directed to Assistant Police Chief
Matt Bostrom, (651) 266-5545, �natt.bostromnci.stpaul.mn.us. Other matters including
clarification about the law enforcement liability policy should be directed to Ron Guilfoile, Risk
Manager, (651) 266-8888, ron.�uilfoile�ci.stpaul.mn.us.
The following LMCIT staff are also available to discuss any matters related to the JPA or risks
related to a city's response to the RNC:
Ann Gergen, Associate Administrator, (651) 281-1291, a�er�en�lmc.or�
Tom Grundhoefer, General Counsel, (651) 281-1266, t�rundhoefer cr.lmc.or�
Chris Smith, Risk Management Attorney, (651) 281-1269; csmithn.lmc.orff
I
Work Session Agenda
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
July 28, 2008
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Coun�il 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
Pending List for Future Work Sessions
1. 2011 Brooklyn Center Celebration Status Report
2. Shingle Creek Waterway Plan Update
3. Adult Entertairunent Establishments
4. City Manager Perfortnance Review Process
5. Rental Housing Plan Update
6. Capital Maintenance Planning for Municipal Public Buildings
7. Three Rivers Park District Plan
8. TIF Districts Update City Manager
9. Franchise Fee Agreement Amendment
10. Security requirements for Convenience Stores