HomeMy WebLinkAbout2004 05-10 CCP Regular Session Public Copy
AGENDA
CITY COLJNCIL STUDY SESSION
May 10, 2004
6:00 P.M.
City Council Chambers
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1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
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REVISED
CITY COUNCIL MEETING
City of Brooklyn Center
May 10, 2004 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.
3. Call to Order Regular Business Meeting
-The City Council requests that attendees turn off cell phones and pagers during the
meeting.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from the consent agenda and
considered at the end of Council Consideration Items.
a. Approval of Minutes
-Councilmembers not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. Apri126, 2004 Study Session
2. Apri126, 2004 Regular Session
3. Apri126, 2Q04 Work Session
b. Licenses
c. Resolution Establishing Paxking Restrictions on Halifax Avenue North and Eckberg
Drive
REVISED
CITY COUNCIL AGENDA -2- May 10, 2004
8. Appearance
-Donn Escher, Financial Commission Chair
-Report of Financial Commission review of City Council compensation.
9. Continuation of Board of Appeal and Equalization Hearing
-Edward Doll, 1201 57th Avenue North
-Todd Paulson, 6408 Willow Lane North
10. Council Consideration Items
a. Proclamation Declaring May 16-22, 2004, Public Works Week in Brooklyn Center
•Requested Council Action:
-Motion to adopt proclamation.
b. Mayoral Appointment to Northwest Hennepin Human Services Council Advisory
Commission
•Requested Council Action:
-Motion to ratify Mayoral nomination.
c. Resolution Establishing License Fees for Retail Sale of Fireworks
•Requested Council Action:
-Motion to adopt resolution.
d. An Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn
Center Regarding the Manufacturing of Beer, Wine and Distilled Alcoholic
Beverages
•Requested Council Action:
-Motion to adopt first reading and set second reading and public hearing for
June 14, 2004.
e. An Ordinance Amending Chapter 3 5 of the City Ordinances of the City of Brooklyn
Center Regarding Allowable Uses in the CC Central Commerce Overlay District
•Requested Council Action:
-Motion to adopt first reading and set second reading and public hearing for
June 14, 2004.
Authorizing the Sale of Certain Land in the City
1. Resolution Authorizing the Sale of Certain Land in the City
•Requested Council Action:
-Motion to adopt resolution.
REVISED
CITY COUNCIL AGENDA -3- May 10, 2004
2. An Ordinance Authorizing the Sale of Certain Land in the City of Brooklyn
Center
•Requested Council Action:
-Motion to adopt first reading and set second reading and public
hearing for June 14, 2004.
g. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2004-01, 02, 03, and 04, Northport Area Neighborhood Street, Storm Drainage, and
Utility Improvements
•Requested Council Action:
-Motion to adopt resolution.
h. Resolution Approving Plans and Specifications and Authorizing Advertisement for
Bids, Improvement Project No. 2004-06, 73rd Avenue Street, Storm Drainage, and
Utility Improvements
•Requested Council Action:
-Motion to adopt resolution.
i. An Ordinance Relating to the Regulation of Dangerous Dogs and Potentially
Dangerous Dogs in the City; Amending Chapter 1 ofthe Brooklyn Center City Code
•Requested Council Action:
-Motion to adopt first reading and set second reading and public hearing for
June 14, 2004.
j. Resolution Amending 2004 Budget Authorization for Police Sergeants
•Requested Council Action:
-Motion to adopt resolution.
k. Resolution Amending 2004 Water Utility Rates, Fees, and Charges
•Requested Council Action:
-Motion to adopt resolution.
11. Adjournment
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
STUDY SESSION
CITY HALL COUNCIL CHAMBERS
APRIL 26, 2004
CALL TO ORDER STUDY SESSION
The Brooklyn Center City Conncil met in Study Session and was called to order by Mayor Pro Tem
Bob Peppe at 6:00 p.m.
ROLL CALL
Mayor Pro Tem Bob Peppe, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works
Director/City Engineer Todd Blomstrom, and Deputy City C1erk Maria Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Council discussed Agenda Items 7d, An Ordinance Vacating a Portion of Storm Sewer Easement
Within Lot 20, Block 1, BOBENDRIER'S 4� ADDITION, 7006 Halifax Avenue North; 9e,
Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of
Public Nuisances, Safety, and Health Hazards with Respect to that Real Estate Located at 5827
Camden Avenue North, Brooklyn Center, Minnesota 55430 Legally Described as the North 79 Feet
of the East '/Z of Lot 26, Lyndale Riverside Acres, Hennepin County, Minnesota in the City of
Brooklyn Center, Hennepin County, Minnesota; 8a, An Ordinance Amending Section 4-202 of the
City Ordinance of the City of Brooklyn Center Regarding a Sprinkling Ban; 9d, Resolution
Designating Species of Replacement Trees for 2004 Neighborhood Street and Utility Reconstruction
Pr
ojects, 7e, Resolution Expressing A preciation for the Gift of the Brooklyn Center Lions Club in
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Support of the Adopt-A-Park/Trail/Street Program; and 9f, Resolution Authorizing Commercial
Drivers License Supplemental Payment.
During the discussion of the enforcement fines regarding tlie sprinkling ban ordinance,
Councilmember Lasman suggested a$25 fine for first time violations. City Manager Michael
McCauley discussed that the Council can adopt a resolution once the ordinance is adopted and
incorporate a fine. Mr. McCauley suggested that the fines be per calendar year.
Councilmember Niesen expressed that she would like to have the item expressing appreciation for
the gift of the Brooklyn Center Lions Club removed from the Consent Agenda and placed on
Consideration items.
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Councilmember Niesen requested clarification regarding the authorizing of the commercial drivers
license (CDL) supplemental payment. Mr. McCauley discussed that when the Contract with Local
49 was amended for 2004 CDL pay was removed as a separate item because CDL pay was folded
into the base wage. Three supervisory positions, not included in the Loea149, received CDL pay
because a CAL was a requirement of their jobs. With the elimination of CAL pay in the Loca149
Contract and in the Personnel Policy, these three positions were inadvertently overiooked in the 2004
Pay Plan for CAL pay. Two of the positions have been resolved in other fashions by eliminating
their requirement of a CAL for one position and reclassifying the other position as an exempt
position. This leaves the position of Supervisor of Streets/Parks still required to have a CAL and
since no change was made in the compensation, the omission resulted a$40 per month decrease in
compensation. The proposed resolution would rectify the oversight in drafting the 2004 Pay Plan to
provide the payment of $40 per month in CAL pay effective January 1, 2004, for the position of
Supervisor of Streets/Parks.
Councilmember Lasman questioned if the coniferous tree replacements would be continued in future
years. Director of Public Works/City Engineer informed that if the Council wishes to continue the
tree replacement with coniferous trees they could do sa
MISCELLANEOUS
Council discussed a recent article in the League of Minnesota Cities Bulletin regarding required
training for service on the Board of Equalization and who would be attending a meeting regarding
this issue.
Councilmember Carmody questioned how the meeting went with the property owners for the
Riverbank Project. Mr. Blomstrom informed that the meeting was good with technical questions
being asked and that all seemed to be happy with the project.
Councilmember Niesen questioned how the burglary at the liquor store was successful if the store
has cameras and motion detectors. Mr. McCauley discussed that the burglary was captured on film;
however, the burglar was fast in getting in and out with the stolen items.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF PROCLAMATIONS
Councilmember Niesen suggested tabling this item until all Council Members were present for this
discussion.
ADDRESS NUMBER VISIBILITY
Councilmember Carmody discussed her concerns about the visibility of address numbers and
questioned if the Council would like to consider an ordinance or seek voluntary ways to help with
this issue. S
04/26/04 -2- DRAFT
Councilmember Niesen expressed that she believes all houses should be marked and visible.
Councilmember Lasman expressed that she believes this should be voluntary and suggested an article
in the City Newsletter about the importance of visible address numbers. Mr. McCauley suggested
that an article could be placed in City Watch, but would wait to see if the Crime Prevention Fund
would have any program before inserting an article on address numbers.
ADJOURNMENT
A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study
Session at 6:50 p.m.
City Clerk Mayor
04/26/04 -3 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
APRIL 26, 2004
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER 1NFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m.
ROLL CALL
Mayor Pro Tem Bob Peppe, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works
Director/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy CiTy Clerk
Maria Rosenbaum.
2. INVOCATION
A moment of silence was observed.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to arder by Mayor Pro
Tem Bob Peppe at 7:01 p.m.
4. ROLL CALL
Mayor Pro Tem Bob Peppe, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael
McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works
Director/City Engineer Todd Blomstrom, Police Chief Scott Bechthold, City Attorney Charlie
LeFevere, and Deputy City Clerk Maria Rosenbaum.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
04/26/04 -1- DRAFT
6. COUNCIL REPORT
Councilmember Niesen reported that she and her family attended the Great Shingle Creek Watershed
Clean Up Event; and that she attended the Walkable Communities Workshop on Apri120, 2004.
She expressed thanks and commended all of those who participated in both events.
Councilmember Carmody reported that she attended the Police Awards Ceremony and the Earle
Brown Days Committee Meeting; and noted that the Financial Commission will be meeting on April
29, 2004.
Councilmember Lasman reported that she attended the Fire Awards Ceremony on April 16, 2004, the
Great Shingle Creek Watershed Clean Up Event on April 17, 2004; the Police Awards Ceremony on
Apri121, 2004; and a Highway 610 meeting on April 26, 2004.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve
the agenda and consent agenda with the removal of Consent Agenda Item 7e, Resolution Expressing
Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Adopt-A-
Park/Trail/Street Program to Consideration Item 9h. Motion passed unanimously.
7a. APPROVAL OF MINUTES
A motion b Councilmember Carmod seconded b Councilmember Lasman to a rove the A ri15
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2004, joint work session with Commission Chairs and the April 12, 2004, study, regular, and work
session meeting minutes. Motion passed unanimously.
7b. LICENSES
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the
following list of licenses. Motion passed unanimously.
MECHANICAL
Pfiffner Heating Air Conditioning 6301 Welcome Avenue North, Brooklyn Park
Residential Heating A/C 1815 East 41 St Street, Minneapolis
St. Cloud Refrigeration 604 Lincoln Avenue NE, St. Cloud
Total Air Supply Inc. 541 N Wheeler Street, St. Paul
MOTOR VEHICLE DEALERSHIP
Brookdale Ford, Inc. 2500 County Road 10
Luther Brookdale Chrysler Jeep 6121 Brooklyn Boulevard
SIGNHANGER
All-Brite Sign Inc. 13325 Commerce Boulevard, Rogers
04/26/04 -2- DRAFT
7c. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING AWARD OF A
CONTRACT, IMPROVEMENT PROJECT NO. 2004-13, CONTRACT 2004-
G, 2004 SHINGLE CREEK TRAIL IMPROVEMENTS
RESOLUTION NO. 2004-58
Councilmember Carmody introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING AWARD OF A CONTRACT,
IMPROVEMENT PROJECT NO. 2004-13, CONTRACT 2004-G, 2004 SHINGLE CREEK TR.AIL
IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
7d. AN ORDINANCE VACATING A PORTION OF STORM SEWER
EASEMENT WITffiN LOT 20, BLOCK l, BOBENDRIERS 4TH ADDITION,
7006 HALIFAX AVENUE NORTH
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first
reading and set second reading and public hearing on May 24, 2004. Motion passed unanimously.
7e. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ADOPT-A-
PARK/TRAIL/STREET PROGRAM
This item was removed to Consideration Item 9h.
8. PUBLIC HEARING
8a. AN ORDINANCE AMENDING SECTION 4-202 OF THE CITY
ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING A
SPRINKLING BAN
City Manager Michael McCauley discussed that this ordinance amendment was initiated to help with
the enforcement of the sprinkling ban and that it should be noted to the Council that there is a section
in Chapter 4(Section 4-901) that states whoever does any act ar omits to do any act which
constitutes a breach of any section of this chapter shall, upon conviction thereof by lawful authority,
be punished by a fine. A resolution would need to be adopted providing the fee structure for this
enforcement at a later date by the City Council.
04/26f04 -3- DRAFT
Mr. McCauley outlined that the ordinance amendment would prohibit the watering of lawns and
gardens from May 1 to September 30 each year; provided, however that add-numbered property
addresses may water on odd-numbered days, and even-numbered property addresses may water on
even-numbered days with the exceptions of property owners using a private well for sprinkling;
property owners who obtain a watering permit from the City for the watering of new sod for the first
twelve weeks after it is sodded or the watering of new seed for the first twelve weeks after it is
seeded; and property owners who have received approval from the City to operate a drip irrigation
system.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2004-07
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING SECTION 4-202 OF THE CITY ORDINANCES OF THE CITY
OF BROOKLYN CENTER REGARDING A SPRINKLING BAN
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody.
Councilmember Carmody inquired if a$25 fee would be suitable without having to amend Section
4-901. Mr. McCauley discussed that the Council may choose a fee in addition ar in lieu to establish
a user charge for watering on the wrong day and suggested that staff prepare a fee strueture by
resolution for the City Council to review.
Motion passed unanimously.
9. COUNCIL CONSIDERATION ITEMS
9a. PROCLAMATION DECLARING MAY 9-15, 2004, TO BE POLICE WEEK
Mayor Pro Tem Peppe read the Proclamation Declaring May 9-15, 2004, to be Police Week.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the
Proclamation Declaring May 9-15, 2004, to be Police Week. Motion passed unanimously.
04/26/04 -4- DRAFT
9b. PROCLAMATION DECLARING MAY 1, 2004, TO BE A DAY OF
SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER.
Councilmember Lasman read the Proclamation Declaring May 1, 2004, to be a Day of Spiritual
Rededication and Prayer in Brooklyn Center.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the
Proclamation Declaring May 1, 2004, to be a Day of Spiritual Rededication and Prayer in Brooklyn
Center. Motion passed unanimously.
9c. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN
CENTER AS A TREE CITY USA FOR THE TWELFTH CONSECUTIVE
YEAR; AND PROCLAMATION DECLARING APRIL 30, 2004, ARBOR DAY
AND MAY 2004 ARBOR MONTH IN BROOKLYN CENTER
Mayor Pro Tem Peppe read the Resolution Recognizing the Designation of Brooklyn Center as a
Tree City USA for the Twelfth Consecutive Year.
RESOLUTION NO. 2004-59
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE
CITY USA FOR THE TWELFTH CONSECUTIVE YEAR
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
Proclamation Declaring April 30, 2004, Arbor Day and May 2004 Arbor Month in Brooklyn Center.
Motion passed unanimously.
9d. RESOLUTION DESIGNATING ACCEPTABLE SPECIES OF
REPLACEMENT TREES FOR 2004 NEIGHBORHOOD STREET AND
UTILITY RECONSTRUCTION PROJECTS
Mr. McCauley discussed in response to a citizen request staff reviewed and is recommending the
following replacement of trees for the 2004 Neighborhood Street and Utility Reconstruction Proj ects:
Ash, Patmore
Sugar Maple
Flowering Crabapple (no fruit)
Linden, American
Colorado Spruce
Douglas Fir
04/26/04 -5- DRAFT
RESOLUTION NO. 2004-60
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING ACCEPTABLE SPECIES OF REPLACEMENT TREES FOR
2004 NEIGHBORHOOD STREET AND UTILITY RECONSTRUCTION PROJECTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Niesen. Motion passed unanimously.
9e. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS
CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC
NUISANCES, SAFETY, AND HEALTH HAZARDS WITH RESPECT TO
THAT REAL ESTATE LOCATED AT 5827 CAMDEN AVENUE NORTH
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BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
THE NORTH 79 FEET OF THE EAST /2 OF LOT 26, LYNDALE
RIVERSIDE ACRES, HENNEPIN COUNTY, MINNESOTA IN THE CITY
OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA
Mr. McCauley discussed that a fire had destroyed the single-family dwelling at 5827 Camden
Avenue North and that City Inspectors believe the property and premises constitute a public hazard.
Compliance orders had been issued to abate the hazardous conditions in all respects by razing and
removing the fire damaged dwelling to grade level, to fill in the exca�ation with clean fill, and to
disconnect or cause to be disconnected all utilit lines at the ro ert lines. Ci ins ectors had
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received notice that the insurance settlement had been issued to the owner and that the owner has
failed or refused to comply with the compliance orders.
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Councilmember Niesen questioned if the City would incur costs with the removal of this property;
and how long before the property would be removed. Mr: McCauley discussed that the City would
proceed under Minnesota Statutes Chapter 463 and that the costs would be charged against the
property.
RESOLUTION NO. 2004-61
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND
FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY, AND HEALTH
HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5827 CAMDEN
AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS
THE NORTH 79 FEET OF THE EAST '/z OF LOT 26, LYNDALE RIVERSIDE ACRES,
HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN
COUNTY, MINNESOTA
04/26/04 -6- DRAFT
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The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Niesen. Motion passed unanimously.
9f. RESOLUTION AUTHORIZING COMMERCIAL DRIVERS LICENSE
SUPPLEMENTAL PAYMENT
Mr. McCauley discussed that this resolution would authorize reinstatement of commercial drivers
license (CDL) pay to the Supervisor of Streets/Paxks that was inadvertently omitted when changes
were made with regards to rolling the CDL pay into base wages for the Loca149 Contract.
RESOLUTION NO. 2004-62
Councilmember Carmody introduced the amended resolution and moved its adoption:
RESOLUTION AUTHORIZING COMMERCIAL DRIVERS LICENSE SUPPLEMENTAL
PAYMENT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
9g. PRESENTATION ON SUMMER POLICE INITIATIVE AND CODE
ENFORCEMENT SWEEP
Police Chief Scott Bechthold summarized a PowerPoint presentation of the three focus areas for the
2004 summer strategy that included crime reduction strategy; traffic enforcement; and code
enforcement. He informed that the Police Department would utilize a three officer and sergeant team
that will concentrate on three suminer waves of traffic. Those three waves will consist of May 24
through June 6, 2004; all weekends in July; and August 27 through September 12, 2004.
Mr. Bechthold discussed the timeline for exterior inspections on properties in the City that are as
follows:
May 3rd first inspection of all residential properties
May 31st completion of first inspection
June lst second inspections of residential properties
June 21st completion of residential second inspection and start of apartment property
inspection
July 12th apartment inspection completion
July 31st completion of apartment second inspection, begin inspection of commercial
properties
August 16th begin second inspection of commercial properties
August 31st end of Summer Sweep
September/October complete extension/ticket tasks
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Mayor Pro Tem Peppe inquired since there was a decrease in crime while the bus strike was in affect
if the Police De artment will be makin an chan es now that the buses are in service a ain. Mr.
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Bechthold discussed that Police staff will be meeting with business owners to work on problem
initiatives and that Police staff will let the businesses know that they need to work together.
Councilmember Niesen questioned if the Brookdale Mall Security will be invited to this meeting.
Mr. Bechthold informed that Police staff ineets with Brookdale Mall Security on a monthly basis.
Councilmember Cannody questioned if the reduced kids programnling last year increased the crime
rates last suminer. Mr. Bechthold discussed that they had noticed a rash of break-ins and graffiti;
however, they were able to control these incidents.
Councilmember Carmody questioned if driveways will be checked during the code enforcement
sweep. Mr. Bechthold informed that he would see to it that driveways are checked this year.
9h. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ADOPT-A-
PARK/TRAIL/STREET PROGRAM
Mayor Pro Tem Peppe read the resolution expressing appreciation for the $150 gift of the Brooklyn
Center Lions Club in support of the Adopt-A-Park/Trail/Street Program.
RESOLUTION NO. 2004-63
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR'TI� GIFT OF TI-� BROOKLYN CENTER
LIONS CLUB IN SUPPORT OF THE ADOPT-A-PARK/TRAIL/STREET PROGRAM
The motion for the ado tion of the fore oin resolution was dul seconded b Councilmember
P g g Y Y
Niesen. Motion passed unanimously.
10. ADJOURNMENT
There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn
i the City Council meeting at 7:55 p.m. Motion passed unanimously.
City Clerk Mayar
04/26/04 -8- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
CITY COUNCIL WORK SESSION
APRIL 26, 2004
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Wark Session and was called to order by Mayor Pro Tem
Bob Peppe at 7:56 p.m.
ROLL CALL
Mayor Pro Tem Bob Peppe, Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen.
Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley,
Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and
Deputy City Clerk Maria Rosenbaum.
DISCUSSION OF PROCLAMATIONS
This item was tabled until all Council Members were present for this discussion.
ADDRESS NUMBER VISIBILITY
This item was discussed at the Study Session. City Manager Michael McCauley informed the
Council that Section 3-104 of the City's Building Code Ordinance relates to addresses and states the
purpose of providing proper protection of public and private property in the City of Brooklyn Center
is essential to require visible approved addressing or identification for each separate public,
residential, commercial, or industrial building.
This item will be discussed at the next Crime Prevention meeting.
DISCUSSION OF POSSIBLE ORDINANCE REQUIRING PAYMENT OF REAL
ESTATE TAXES AS A CONDITION OF ALL CITY ISSUED LICENSES
Mr. McCauley discussed that currently liquor and pawnshop licenses are conditioned on the payment
of real estate taxes and that there are ongoing issues with landlords who do not pay the utility charges
on rental properties. He questioned whether or not the Council would consider an ordinance
amendment to condition all licenses issued by the City on the payment of real estate taxes and utility
charges.
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04/26/04 1 DRAFT
Council discussed business licensing for a few establishments in the City and scenarios of tenant and
landlord issues.
Councilmember Peppe expressed that he believes that the suggestion of the City Manager to consider
an ordinance amendment would be something to look into.
Councilmember Niesen questioned why licenses are conditioned differently and if all licenses are
needed and or need to be cantinued. Mr. McCauley discussed the behavior of operating is an issue
for some of the licenses; however, there are some licenses that do nat require much oversight from
the City and the fees for those licenses are minimal.
City Attorney Charlie LeFevere discussed that some of the license requirements were set up before
his time and that the idea of looking into all the license types the City currently licenses and the
rationale behind each license would be a good thing for the City and Council to consider.
It was the consensus of the Council to have staff prepare materials regarding the rationale of variaus
City licenses and for the discussion to continue at the May 24, 2004, Work Sessian.
DEVELOPMENT UPDATE
Mr. McCauley updated the Council on the hotel development by the Earle Brown Heritage Center
and informed that if the current developer has not provided more def nitive commitment in a couple
weeks a Request for Proposals (RFP's) will be considered.
Mr. McCauley informed that staff continues to meet and discuss the Little Asia projeet and that the
developers that have been meeting with a new group of investors. If this group of investors does not
work the developer will continue to look at other locations.
Councilmember Lasman questioned what is happening with the proposed gas station at the eorner of
69�' Avenue and Brooklyn Boulevard. Mr. McCauley discussed the last inforrnation received by
Community Development indicated SuperAmerica still intended to build this year:
RENTAL HOUSING LICENSE FEE SCHEDULE
Mr. McCauley informed that staff continues to work on this issue and that there will be information
available at the May 10, 2004, Work Session.
MISCELLANEOUS
Councilmember Lasman inquired regarding Bills in the current Legislative Session that would
increase the amount of money available for Local Government Aid (LGA).
04/26/04 -2- DRAFT
Mr. McCauley responded that the Bills produced additional LGA and that one of the Bills would
potentially increase the amount of LGA received by the City of Brooklyn Center. However, the Bills
generally tend to direct more money to greater Minnesota where some cities receive $200 or more
per capita, while the City of Brooklyn Center receives less than $50 per capita. Real estate taxes
paid by residents of Brooklyn Center would actually increase under some of the Bills which would
re-impose a transit levy in order to fund additional LGA, the bulk of which would be distributed in
greater Minnesota.
Councilmember Niesen informed that she would like to discuss the hiring and evaluation process
used for the City Manager. She expressed that she was not happy with the evaluation process used
far the 2003 City Manager evaluation and that she would like to incorparate some ideas from a
Nation's City Weekly publication.
Mayor Pro Tem Peppe suggested that the Council discuss this issue at the next City Council Retreat
in August.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Work
Session at 8:51 p.m. Motion passed unanimously.
City Clerk Mayor
04/26/04 -3- DRAFT
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
REVISED
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: May 5, 2004
SUBJECT: Licenses for Council Approval
The following companies/persons have applied for City licenses as noted. Each company/person has
fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate
applications, and paid proper fees. Licenses to be approved by the City Council on May 10, 2004.
MOTOR VEHICLE DEALERSHIP
Brookdale Dodge, Inc. 6800 Brooklyn Boulevard
RENTAL LICENSE
5115 Twin Lake Boulevard East No Calls for Service
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400.
City Hall TDD Number (963) 569-3300 FAX (763) 569-3434
FAX (963) 569-3494
www. cityo fbrooklyncenter. org
City Council Agenda Item No. 7c
i
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON HALIFAX
AVENUE NORTH AND ECKBERG DRIVE
WHEREAS, the City of Brooklyn Center has planned the improvement of Halifax
Avenue North and Eckberg Drive, State Aid Route No.109-1 OS-03 from Hennepin County Road 10
(Bass Lake Road) to France Avenue North in the City ofBrooklyn Center, Minnesota; and
WHEREAS, the City of Brooklyn Center will be expending Municipal Street Aid
Funds on the improvements of said streets; and
WHEREAS, the City of Brooklyn Center was required to obtain approval of a design
variance from the Minnesota Department of Transportation for reconstruction of the intersection of
Halifa.x Avenue Norkh and Eckberg Drive; and
WHEREAS, the approval of said variance requires the establishment of parking
restrictions near the intersection of Halifax Avenue North and Eckberg Drive due to certain
geometric design lixnitations; and
S WHEREAS, approval of the proposed construction as a Municipal State Aid Street
project must therefore be conditioned upon certain parking restrictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on
portions of Halifaa� Avenue and Eckberg Drive as indicated below:
1. Halifax Avenue from Eckberg Drive to 200 feet north of Eckberg Drive.
2. Eckberg Drive from Halifax Avenue North to 200 feet east of Halifax Avenue
North.
Date Mayar
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�
BRdOKLYN
MEMORANDUM �E^'T�
DATE: May 4, 2004
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom Director of Public Works
SUBJECT: Resolution Establishing Parking Restrictions on Ha.lifax Avenue North and
Eckberg Drive
As part of the Municipal State Aid funding process, the City of Brooklyn Center was required to
obtain a design variance for the intersection of Halifaa� Avenue and Eckberg Drive within the
Northport Area Neighborhood Street Utility Improvement proj ect. The design variance addresses
the 90-degree curve in the roadway that does not meet Mn/DOT design requirements.
Mn/DOT approved the variance request on April 5, 2004. The variance approual includes a
stipulation that the City esta.blish a No-Parking Zone along portions of Eckberg Drive and Halif�
Avenue as identified on the attached figure. The intention of this parking restriction is to minimize
potential obstructions to sight lines and vehicle maneuvering space near the intersection.
The proposed parking restriction would establish a No-Parking Zone on both sides of the street
within 200 feet of the intersection of Halifax Avenue and Eckberg Drive. City crews would install
appropriate traffic signs near the intersection upon completion of the 2004 Northport Area Street
and Utility Improvement project.
Attached for City Council consideration is a resolution establishing parking restrictions on Halif�
Avenue North and Eckberg Drive as noted above.
4
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City Council Agenda Item No. 8
MAYOR/COUNCIL 5ALARY PRESENTATION
MONDAY, MAY 10, 2004
Madam Mayor, Council Members and Mr. Mc Cauley:
My name is Donn Escher and I appear before you this evening as the Chair of Financial
Commission of the City of Brooklyn Center.
City Council Policy No. 98-91 requires the Financial Commission to review the salaries of
the Brooklyn Center Mayor and Council members every two years. 2004 is the year that
the Financial Commission is required to act pursuant to th�t policy.
Earlier this year, I, as Chair of the Financial Commission, appointed a sub-committee to
review the compensation report of elected city officials of the Minneapolis-St. Paul area.
Pursuant to the policy directive, comparisons were made between the City of Brooklyn
Center and metropolitan cities having a population within 10,000 of the City of Brooklyn
Center that are generally fully developed. Included in the survey were nine cities mostly
first ring suburbs. The subcommittee computed the average and the median amounts paid
to mayors and council members and correlated the survey results to the current
compensation of the Brooklyn Center elected City officials.
Based on their study, the sub-committee recommended to the full Financial Committee at
its meeting on April 29, 2004 that the compensation be left at the 20041evels for 2005 and
that no additional amounts be paid. For 2006, the sub-committee recommended an
increase of 2% in the base wage of the Mayor and Council members. Total cost of the 2006
increase would be $917.
The three main reasons for this recommendation to the full committee are:
Budget constraints
Sensitivity to citizen concerns expressed about prioritization of expense
Mayor and Council current status in terms of position above the median compensation
of comparison cities,
The full committee received and discussed these recommendations noting that at the
present time the Mayor's salary is 7.37% above the median and Council salaries are 6.98°/a
above the median of comparable cities. Following considerable discussion, the full
committee moved to adopt the sub-committee recommendation and forward it to the full
Council at its meeting on May 10, 2004.
If the Council wishes, Y can review the policy adopted by past Councils and/or answer any
questions you may have.
Respectfully Submitted,
Donn H. Escher, Chair
Brooklyn Center Financial Commission
May 4, 2004
There are no materials far this item.
City Council Agenda Item No. 9
Assessor will provide update on Monday on her
rev�ew of the two properties that were
continued from the May 3, 2004
Board of Appeal and Equalization.
SUBJECT PROPERTY
1201 57 Ave N.
PI D 01-118-21-32-0105
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Land Characteristics
Total Land Area: 12,800 sq. ft. /.29 Acres
2004 EMV Land $60,000
2004 EMV Building $286,000
2004 Total Market Value $346,000
Building Characteristics
4 Plex Apartment
Building Age 1960
Average Condition
FF Area 1,708 sq. ft.
GB Area 3,416 Sq. ft.
Qty 4, 2-Bdrm Apartments, 700 sq. ft. ea.
Common Laundry/furnace/Hall way Area
Hot water Heat
Front and Side Unit Entrances
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City o f Brooklyn Center
A Millennium Community
TO: 2004 Brooklyn Center Local Board of Appeal and Equalization
RE: Edward Doli
1201 57 Avenue N.
PID 01-118-21-32-0105
Mr. Doll attended the meeting on Monday, May 3� to indicate a concern with his 2004
valuation. Mr. Doll was directed by the Board to set an appointment with our office and
provide income and expense information for 2003. Mr. Doll contacted our office and set
an appointment for a physical review on Thursday, May 6, 2004, at 3:00 p.m.
The property is a 3,416 sq. ft. apartment building containing four units. The property has
only surface parking available and no garage. The property was constructed with wood
frame structure and a stucco exterior with brick trim. The property has original windows
which appear in average condition. The property has an asphatt shingled roof in
average condition. The property is heated by hot water. Common areas include the
laundry, furnace and hallway areas. All units contain two bedrooms, one bath, one
living, and one kitchen. Units include a full-size refrigerator and apartment size stove.
Lower level apartments do not have carpeted bedrooms, and bathrooms in all units are
ceramic. There is a shed on the property for the owner to store maintenance equipment.
At the time of inspection, Mr. Doll had two units vacant. Mr. Doll had indicated that these
units had been vacant for quite some time, and indicated that one was vacant the entire
year. Mr. Doll indicated that current rents were $825. He had received calls and
showings on the vacant units but is being more selective with his tenants. I indicated to
Mr. Doll that market rents in the area were lower than $825 for most four-plex units.
After the physical review of the property changes were made to the calculation of the
income approach on Mr. Doll's property to reflect the high vacancy, and market rents.
Mr. Doll's property is considered in average condition but is lacking in some of the
improvements that have been made to properties built in 1960. Mr. Dolls apartment
show deferred maintenance in the common areas and unit bathrooms. Due to the
overall condition and age of the property an additional analysis was done to find market
comparables. The enclosed analysis indicates by reconciliation of the three approaches
to value, a reduction in Mr. Doll's 2004 estimated market value.
STAFF RECOMMENDATION: Reduction of Mr. Doll's estimated market value from
$346,000 to $335,000 for the 2004 assessment.
RespectFully,
Nanc Wo ik, SAM"A
Y
City Assessor
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
w ww. cityo fb rooklyncenter. org
PROPERTY DATA SYSTEM
TAXPAYER INaUIRY CURR 319
PROPERTY ID NEXT
01-118-21-32-0105
Pt.Con: Mt.Adr:
HOUSE# FRACTION STREET NAME UNIT ZIP+4 Front: 100 Back:
1201 1/_ 57TH AVE N 55430+ Right: Lefit:
Ownerl: DOLL EDWARD L Owner3:
Owner2: Owner4:
Zoning: R4 Prim/sec: Yr.blt: 1960 Area: 12800 Acres: .29
Sch.Dst: 286 Wshd: 00 Gr/Os/Ex: Subrecs: 01 Width: Depth: 128
Mkt-Land Mkt-Bldg Mkt-Mach Mkt-Tot Tx Capacity Hd PT �Own
2004: 60000 286000 346000 4325 A 0
2003: 40000 267000 307000 3838 A 0
2002: 34000 180000 214000 2140 HL 0
Legal Description: LOT 1 BLOCK 2
"REIDHEAD'S ADDITION, HENNEPIN COUNTY
MINN."
Tvoe PID or ADDRESS: oress ENTER: or F1. F2. F8
CITY ASSESSOR REAL ES�ATE DATA Construction Basement I Parking A j rtme t Breakdown
Property Name Print Date 0 4/ 0 3/ 0 0 A) Steel Frame 1 I I Basement A� I Ramp 1 I I NurtZber �Type Area
DQLL APAR TMENTS I B) Rein. Cona 2 I I Bsmt. Use Code I Surface 2 I k G L�� Eff I
PID Prop Type: I C) Conc. Blk. 3 I I Plumbing I Underground 3 I I�� 1 Br �n I
I D) Wood Frame 4 I Above Average t I I Jt of Spaces J �2 Br
01-1�8-21-3Z-0105 A 4
Property Address: I S) Pre-Fab 5 I I Average 2 I X I Area n� Q�,� 3 Br
��L 0 S 7 T H A V E N I Other 6 I I Below Average 3 I I Garage I TOTAL: 4�G(J n��
I Exterior Walis I Electrical I Floor Area I Rents as of
Owner I Brick 1 I I Above Average 1 I# of Spaces I Actual Type Econom c
�F n I I Stucco 2 I Y I Average 2 y� I Rent C� I Eff I
Taxpayer Wood 3 I I Below Average 3 I Detached 1 I I 1 Br
Metal 4 I I Height I Underground 2 I I�Z�.� 2 Br ��5�(�'
I Concrete 5 I I Aver/Story Attached 3 I I 3 Br I
Legal Description I Giass 6 I I# of Stories Sprinkler System I A1/�
LOT 1 BLO CK 2 Other 7 I I Clear Height of Area N n I Rental/Expense Information
R E I D H E A D A D D I T I 0 hl H E N N E P Roof Structure Elevator Pool Gross Income
I Wood 1 I X I None I X I Indoor 1 I I Vacancies n
I Land Data I Construction Quallty I Steei 2 I I Quantity I I Outdoor 2 I I Eff. Gross Income
IFrontage I I Excellent 4 I I Precast 3 I I Security System I I Flat Charge: I Operating Expense �I
Depth I ��p I 3.5 I I Other 4 I I Yes 1 I I Add. I Net Income I
Area/Sq. ft. I 1� D 0 Good 3 I I Roof Cover I N° 2 X Sub. I Cap Rate n�� f/ I
Irreg. Shape I I 2•5 I X I Pitch Gravel 1 I I I CDE. I GRM 0 I
�ZO9+5'9� R 4 I Average z I Wood Shingles 2 BUILDING PERMITS I Rent/Sq. Ft. O n I
IArea Ratirl� Q j I 1•5 I I Asp. Shingles 3 I Interior Inspected
ISite Rating I 3 I Low 1 I I Insulated Roof 4 I No. Date Yes 1 I�
IAllow Un/Ar I I Use Codes I Other 5 I I No 2 I v
I Treckage 1 n�% Heating Type Value S I Date �:o�=,
I Yes 1 I 2 A n n I I Electric 1 I I Appraiser Initials N
I N° 2 IX 3 n n n I Forced Air 3 I No. Date I Cash Equivalency�Sal D� I
I Sewer I 4 n I I Hot Water 4 I I Date I
I Yes 1 IX I Arch. Appeal I Space 6 Type Value Price I
I No 2 I Excellent t I I Pkg Unit 11 I I I Date I I
I Water Very Good 2 I I H 8 C Air 12 I I Price I
ves 1 �X I Average 3 �X other COMMENTS 50 LINE
I No 2 I I Fair 4 I I Building Area I
I Street Undersirable 5 I I F.F. Area 1 T f19 '`Q ��'.f J I�_ �I/ V! �/��1 P/ i
Yes 1 I X I Depreciation I QG.�. F�ea r r n G
rvo I Functional r N.R. `Rr� U t.1 U '�"r /+(J+
I Excess Land I Economic I Mezzanine
Yes 1 I I Physical FF�Y��3�,. 1 7 �'Z�� t" i U l G��.�
I No 2 I X I Const. Year i���I U I.� I r
I Needs Soil Correction I Effective Year n a n a A�r Conditioning j
Yes 1 I I R�Q��ondition I Package 1 I I
No 2 I X I Excellent 1 I I Central 2 I I
I I Good 2 I I Wali 3 I I
I Average 3 I� I% of Area A/C n n e n
I I Fair 4 I I I
I I Poor 5 I I
CITY OF BROOKLYN CENTER 4PARTMENT SURVEY FORM
Complex Name: Owner Name: EdwaM Doll
Address: 1201 57th Avenue North Address: 6005 Wynnwood Road
PID: 01-118-21-32-0105 Golden Valley, MN. 55422
Manager: Edward Doll Phone: (612) 544-4850 Fax:
Phone: (612) 544-4850
Date Surveyed: G 5/ O 4 Surveyed By:
ft Buildings: 1 Date Price Sold: Year EMV:Z`f� 4�
Units: 4
Avg./Posted Current Total months vacant
Total Sq. Ft/Rent RenU# Units RenU# Units RenU# Units RenU# Units RenU# Units Vacant/# Units Prevlous 12 months
Eff: 1 I i I
1 Bdrtn:
2 Bdrm: 4
3 Bdrtn:
Gar. Units
Off Street 4
Included in rent: Heat, Water, Sewer, Garbag
Amenities: Wall air conditioner.
Construdion Specs Stories_1 1/2_ Building Demensions
Roof Type: Hipp Building #1 _28_X_61 X X 1,708
Roof Cover: Shingles
Construction: Wood Frame
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Siding: StuccolBrick
Wndow Type: Awning I
Electrical: 100 Amp Standard
Plumbing: Standard
Basement: 100°/a
Floor Covering: Carpet
Kit. Cabinetry: Fair 6'
Kit. Floor: �nyl
Bath Wains: Ceramic Tile
Bath Floor: Ceramic Tile Complex Layout (Sketch)
Security System: No S e p F i 1� P h o t o g r a p h
Sprinklers No
It Laundry Rooms: 1 a
Utilities I S I
L
Fumace Type: Weil McLain/Hot Water
Fuel: Gas
Paid By: Tenant_,Owner X
Water/Sewer.
Paid By: Tenant_,Owner X 1;
7 �X
ElectricaL•
Paid By: Tenant X ,Owner_
Garbage Coll.:
Paid By: ?enant_.Owner X
See Comments on Back
City of Brooklyn Center
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Subject Property
1201 57th Ave N.
Brooklyn Center, MN 55430
PI D# 01-118-21-32-0105
Edward Doll
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Comparable Sales Study
4-Plex Apartments
Subject I Comparable #1 I Comparable #2 I Comparable #3 Comparable #4
Address 7201 57th Ave N. 1425 55th Ave N. 4811 Lakeview Ave 7230 West River Rd 5115 Edgewood Ave
Ci�t Brooklyn Center Brooklyn Center Brooklyn Center Brooklyn Center Crystal
Net Sale Price $337,325 $357,869 $335,000 $346,000
'inancinu Terms Adi. Typical Typical Typical Typical
Sale Date Time Adi. 09/30/03 E12,600 11/17/03 $4,500 01/31/03 10l31/03 8,600
Adjusted Sale Price $349,925 $362,369 5335,000 $354,600 I
No. of Units 4 4 4 4 4
GBA 3.416 sq. ft. 3,416 sq. ft. 3,472 sq. ft. 4,026 sq. ft. 3,596 sq. ft.
Garaae I No. Units None Det. 4 stalls -18000 Det. 4 stalls -18000 Det. /4 -18000
Price/Unit $84,331 $89,467 $83,750 $86,500
No. of BRs 8 8 S 8 8
Blds�. Aqe 44 years 44 years 34 years -5000 33 years -5000 41 years
Condition Average Average Average Average Average
Indicated GRM 9.69% 8.62% 9.33% 10.37%
Total Adiustments 512,600 (E18,500) ($23,000) ($9,400) I I
Indicated Value 5349,925 a339,369 5312,000 $336,600
Indicated Value Per Unit 587,481 584,842 $78,000 584,150
Valuation Reconciliation indicates a range of $78,000 to $87,500 per unit.
Value Recommendation: Reduction from $346,000 to $335,000 or $83,750 per unit
PROPERTY USE: APT Low Rise MUNICIPALITY: BROOKLYN CENTER
COMPLEX NAME 4- Plex COUNTY: HENNEPIN
ADDRESS: 1425 55th Avenue North PIN 01-11&21-33-0072 Seq 2
AUDITOR ID: 840971 MULTIPLE PID: N COMMUNITY:BC NBRHOOD: Res
—PROPERTY DESCRIPTIOF� MARKET DATA
Year BuiIU Effective Year Buift: 1960 1960 Buyer. Ouong, Trung C.
Const Quality/ Condition: AvE�a'cE AVERAGE Seller: Mayers, Frank P.
Const Class/ Bsmt Use: WD °f s s F"" Date of Sale: 9/30/03
Total Purchase Price: $337,325
Roof Type Exterior Type: Hip Stucco
Terms
Roof Cvr 2nd Exterior Type: Shingies/Composition B�� Set 1 Assume Ind: DN PMT-567,500
No. of Stories Bldg Height: 2.0 8 Ft 3 3289,825
PMT-$1,800 INT- 6.00% PMTS-60
No. of Bldgs Units Each: 1 4 BALLOON DATE 9/30/2008
Bsmt Area Finished: Sq Ft Sq Ft S@t 2 Assume Ind:
ist FI Area! GBA: 1,708 Sq Ft 3,418 Sq Ft PMT- INT- PMTS-
BALLOON DATE
Perimeter. 178 Ft 1
Tot Units Avg Sz: 4 Units 700 Sq Ft
Cash Equivalent Price: 6.08% E337,325
Tot Rooms Avg Sz: 20 Rooms 140 Sq Ft Cash Equivalent Adj:
2gR 1.00 BA/Size: 4 Y Y N N 1 700 Sq Ft LESS: Personal Properry: $3,300
Garage Stalls: PLUS: Special Assessments: $0
Spl Assessment Verified Ind: Y I
Cash Equivalent of Real Estate: $334,025 I
�Sk Sale Price Per Unit: 583,506
Analysis:
Sale Price Per Room: $16,701
Sale Price Per Sq. Ft. GBA: $97.78
Primary Heating Pct Hot Water 100 Gross Rent Mumpiier.
Secondary Heating Pct °iL Income
Sprinklers Elevators: 0 0 PRIVATE DATA
Parking Surtace Area: Asphalt 8
Control EnUy Laundry: y y�
PaUo or Decks: None
Lake or View:
Total Land Area Excess Land: 10.710 Sq Ft F N
Useable Land Area: 10,710 Sq Ft
Zoning: R4
ubi;c�� A� R@^�� PRIVATE DATA
Units P Acre Topography: 16.27 Level
Environmentat Conoem Ind: N Includes: Heat Water Trash
Location Rating Fador.
Other Ameni�es: 1.00 points
The YM next to the unit desc indicate :(Stove Refigerator}(Dishwasher}{Garbage Disposal}(WasherBDryer)-(No. of Air Conditioners Per Unit}(No. of Firepla
Summary Comments:
Properiy was Iisted with Real Estate Agent. Appraisal completed for mortgage purposes only. Buyer did not state personal property on CRV, Buyer estimates approx.
$3,300. Apartment has minimal parking but street parking available. No garages, one storage shed adjacent to alley.
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PROPERN USE: APT Low Rise MUNICIPALITY: BROOKLYN CENTER
COMPLEX NAME 4PIex COUNTY: HENNEPIN
ADDRESS: 4811 Lakeview Avenue PIN 10.118-21-32-0054 Seq 1
AUDITOR ID: 846535 MULTIPLE PID; N COMMUNITY: NBRHOOD:
—PROPERTY DESCRIPTION MARKET DATA
Year BuilU Effective Year Built: 1 g64 1970 Buyer. Krenz, Diane L.
Const Quality! Condition: AvEw,cE AVERAGE Seller: Fobbe, Jerome C. and Karen J.
vw or s�eei se,a Frm Sale Dafa: Date of Sale: 11/17/03
Const Class/ Bsmt Use: Total Purchase Price: 5357,869
Roof Type Exterior Type: Gable Brick
Terms
Roof Cvr 2nd Exterior Type: Shingles/Composidon Set 1 Assume Ind: DN PMT-5357,869
No. of Stories Bldg Height: 2.0 10 Ft
PMT- INT- PMTS-
No. of Bldgs Units Each: 1 4 BALLOON DATE
Bsmt Area Finished: Set 2 Assume Ind:
Sq Ft Sq Ft
1st FI Area GBA: 1,738 Sq Ft 3,472 Sq Ft PMT- INT- PMTS-
BALLOON DATE
Perimeter. Ft 1
Tot Units Avg Sz: 4 Units 750 Sq Ft
G7sh Equivalent PriCe: 5.91 5357,869
Tot Rooms Avg Sz: Rooms Sq Ft
Cash Equivalent Adj:
2BR 1.00 BA/Size: 4 Y N N N 1 750 Sq Ft LESS: Fersonal Property: $3,200
2 Garage Stalls: 4 PLUS: Special AssessmeMs: SO
Spl Assessment Verified ind: Y
Cash Equivalent of Real Estate: $354,669
Sale Price Per Unit: 588,667
Analysis:
Sale Price Per Room:
Sale Price Per Sq. Ft GBA: a102.15
Primary HeaUng Pct Hot Water 100 Gross Rent Mul�plier.
Secondary Heatlng Pct 9L Incorrie
spr�naers E�evators: PRIVATE DATA
Parking Surtace Area: Asphalt
Control EnUy Laundry: Y Yes
Patio or Decks:
Lake or View: Near Lake
Total Land Area Excess Land: 11,312 Sq Ft F N
Useable Land Area: 11,312 Sq Ft
Zoning: R�
Utilities: ap A�t Re"ts: pRIVATE DATA
Unils P Acre Topography: 15.40 Sbped
Environmerdal Concem Ind: N Includes: Heat Water Trash
Location Rating Factor:
Other Amenities: points
The YM next to the unit desc indicate :(Stove Refigerator}(Dishwasher}(Garbage Disposal}(WasherBDryer}(No. of Air Conditioners Per Unitr(No. of Firepla
Summary Comments:
Property listed in MLS, puchased by ReaRor. Property was on market 17 days. Selier had occupied 2 units. Property was in very good condition. Recently repaved
parking area.
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PROPERTY USE: APT Low Rise MUNICIPALITY: BROOKLYN CENTER
COMPLEX NAME COUNTY: HENNEPIN
ADDRESS: 7230 West River Road PIN 25-119-21�2-0044 Seq 3
AUDITOR ID: 820123 MULTIPLE PID: N COMMUNITY:BC NBRHOOO: Res
PROPERTY DESCRIPTION MARKET DATA
Year BuiIU Effective Year Buitt: 1971 1971 Buyer. Ceric, Nedzad
Const Quality/ Condition: AvER'^'^cE AVERAGE Seller: Cederberg, Michael David Georgia
Const Class! Bsmt Use:
vw or seeei swa Frm Sale Data: Date of Sale: 1/31 /03
Total Purchase Price: $335,000
Roof Type Exterior Type: Gable Wood
Terms
Roof Cvr 2nd Exterior Type: Shingles/Composifion Set 1 Assume ind: DN PMT-35,000
No. of Stories Bldg Height: 2.0 10 Ft pMT- INT- PMTS-
No. of Bldgs Units Each: 1 4 BALLOON DATE
Bsmt Area Finished: Sq Ft Sq Ft Set 2 Assume Ind:
1 st FI Area GBA: 2,008 Sq Ft 4,018 Sq Ft PMT- INT- PMTS-
Perimeter. 196 Ft BALLOON DATE
Tot Units Avg Sz: 4 Units 766 Sq Ft �sh Equivalent Price: 5.96% a331,500
Tot Rooms Avg Sz: Rooms Sq Ft Cash Equivalent Adj:
BR 1.00 BA/Size: 1 Y N N N 1 530 Sq Ft LESS: Personal Property: $3,500
2BR 1.00 BA/Size: 3 Y N N N 1 845 Sq Ft PLUS: Speaal Assessmenfs: $0
2 Garage Stalls: 4 Spl Assessment Verified Ind: Y
Cash Equivalent of Real Estate: $328,000
Sate Price Per Unit: 382,000
Anatysis:
Sale Price Per Room:
Sale Price Per Sq. Ft. GBA: $81.67
Primary Heating Pct Hot Water 100 Gross Rent Mumplier.
Secondary Heating Pct 9L Income
sprinaers E�evators: PRIVATE DATA
Parking Surface Area: Asphalt 4
Control Entry Laundry: Y YES
Patio or Decks:
Lake or View:
Total Land Area Excess Land: 15,150 Sq Ft F N
Useable Land Area: 15,150 Sq Ft
Zoning: R4
utii��es: Aii Re^�� PRIVATE DATA
Units P Acre Topography: 11.50 level
Environmental Concem Ind: N Includes: Heat Water Trash
Location Rating Factor.
Other Amenities: 1.00 points
The YM next to the unit desc indicate :(Stove 8 Refigerator)-(Dishwasher}(Garbage Disposaly-(WasherB�Dryer}(No. of Air Conditioners Per Unit}(No. of Firepia
Summary Comments:
Buyer is adjacent propeRy owner and owns muttiple apts in Brooktyn Center. Property was listed, buyer had lwo appraisals completed for bank. Buyer esbmates
personal property at $3500, but not discbsed on CRV.
Page 2
PIN 25-119-21�2-0044
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PROPERTY USE: APT Low Rise MUNICIPALITY: CRYSTAL
COMPLEX NAME 4�lex COUNTY: HENNEPIN
ADDRESS: 5115 Edgewood Avenue North PIN 08-11&21-14-0047 Seq 1
AUDITOR ID: 851002 MULTIPLE PID: N COMMUNITY: NBRHOOD:
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—PROPERTY DESCRIPTION —MARKET DATA
Year Built/ Effedive Year Buift: 1963 1963 Buyer. Oeoraj, Seausankar N. Geta
Const Quality/ Condition: °'vEr�'cE AVERAGE ��ler: Davis, Chris A. 8 Linda J.
wo or s� su,a Frm Sale Data: Date of Sale: 10/31/03
Const Class/ Bsmt Use: Total Purchase Price: 5346,000
Roof Type Exterior Type: Hip Stucco
Terms
Roof Cvr 2nd Exterior Type: Shingles/Compositlon B�� Set 7 Assume Ind: DN PMT-$0
No. of Stories Bldg Height: 1.9 9 Ft
PMT- INT- PMTS-
No. of Bldgs Units Each: 1 BALLOON DATE
Bsmt Area Finished: Sq Ft Sq Ft S@t 2 Assume ind:
1 st FI Area GBA: 1,798 Sq Ft 3,596 Sq Ft PMT- INT- PMTS-
BALLOON DATE
Perimeter. Ft 1
Tot Units Avg Sz: 4 Units 770 Sq Ft
Cash Equivalent PriCe: 6.01% 3346,000
Tot Rooms Avg Sz: Rooms Sq Ft Cash Equivalent Adj:
ZBR 1.00 BA/Size: 4 Y N N N 1 0 770 Sq Ft LESS: Personal Properly: $2,800
2 Garage Sialls: 4 PLUS: Speaal Assessments: $0
Spl Assessmertt Verified Ind: Y
Cash Equivalent of Real Estate: $343,200
Sa�e Sale Price Per Unit: 385,800
Analysla:
Sale Price Per Room:
Sale Price Per Sq. Ft. GBA: $95.44
Primary Headng Pct Hot Water 100 Gross Rent Muwplier.
Secondary HeaUng Pct Income
Sprinklers Elevators:
°a�: pRIVATE DATA
Parking Surface Area: Asphaft 8 I
Control EnUy Laundry: y 1
PaUo or Decks:
Lake or View: �I
Tofal Land Area Excess Land: 7,689 Sq Ft F N
Useable Land Area: 1�.g89 Sq Ft
Z0f11�Q: B-4
UtilRies: all public R�� PRIVATE DATA I
Units P Acxe Topography: 9.85 level I
Environmerdal Concem Ind: N Includea: Heat Water Trash Garage
Location Rating Factor.
Other Amenities: points
The YM next to the unit desc indicate :(Stove 8 RefigeraMr){Dishwasher�(Garbage Disposal}(WasherBDryer}(No. of Air Conditioners Per Unit}(No. of Firepla
Summary Comments:
Buyer purGhased through a realtor. Price reflected older sales in the neighborhood. Another recent sale was for $375,000. Overall condi6on is average with no
outstanding items of deferred maintenance. Windows were replaced a few years ago with low cost vinyl glider inserts. Original psements are wrapped. Roof appears
to be about 10 yrs. old. Units are decent sized but have few ameni�es. Kitchens are original but decent condition. Garages have suffered some wear and tear from
cars, but are functional. Personal property indudes appliances, washer and dryer in laundry room, lawn mower and snoblower. Parking, driveway and landscaping
need redoing.
Page 2
PIN 0&118-21-14-0047
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Comparable Location Map I
Comparable #4
4-Plex Apartment
5115 Edgewood Avenue N.
Crystal, MN 55428
;soom
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57th Ave N 6rentwood. A� z North ea�` 9ooft
M Bass Lake Rd Bass La1ce Rd ..Q Lake FarF;� c__
i Wilbw Bnd
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;p�� s V
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A 54t h Aus N O C�, 54th Ave N
a C+r y m 53rd Ave N
w q� As�g e4u� Aue Pl I,
m 53rd Ave N
z Q� Soo 4ts�e
52nd Ave N 52nd Ave N
iron 50o Ltis�e P� i
tst Qt� r Bernard Ave N
Y Park 5
I
51 st Ave N
a� CorvallisAveN CoroallisAveN_CoruallisAveN
Gien Hau�n 54th Ave N I
5dth Ave N Memori�l
Gardens
49th Ave N� fa�rrM1ew 49th Ava N
Ave Fairview �.�e I
)o,7n c,rogat� I
A8th Cir N° m w G� ParF
�Sth Ave N s w
a Pdrk l m y �a��,�,
a Frr�st��ltool io i
60 N C
fn p o z 47th Ave N
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z 46th PI N m z a p 4': elcorne �_trf.
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46th Ave� N
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45th Ave N m Si c
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2044 INCOME APPROACH ANALYSIS
APARTMENTS
DOLL APARTMENTS YEAR OF CoNSTRUCTION: 1960
1201 57th Avenue North PID: 01-118-21-32-0105
4 UNIT ECON ACTUAL TOTAL
UNITS MIX RENT RENT ECON RENT
0 Studios $500 $0 $0
0 1 Bdrm $700 $0 $0
4 2 Bdrm $750 $825 $3,000
0 3 Bdrm $1,000 $0 $0
0 GARAGES $40 $0 $0
ECONOMIC ACTUAL
MONTHLY ADJ. RENT $3,000
TOTAL ANNUAL ADJ. RENT $36,000 $39,600
TOTAL NUMBER OF UNITS 4
GROSS BUILDING AREA 3,416
TOTAL NUMBER OF BEDROOMS 8
Gross Rent Multialier
G. R. M. 9.50 9.50 9.50
CAPITALIZED VALUE OF PROPERTY $342,000 �376,000
r..._ i
CAPITALIZED VALUE PER UNIT $85,500 $94,000
�v oer unit BV per f�l
2004 Land $60,000 $15,000 2004 Bldg $275,000 $80.50
CORRELATED 2004 VALUE BY INCOME APPROACH $335 ,000
2003 Assessment Land Value Bldg Value EMV
SR 1 HL NHS $34,000 $180,000 $214,000
2003 per $62.65
Total $34.000 $180.000 $214.000 2003 per Unit $53.500
2004 Assessment Land Value Bldg Value EMV
SR 1 A NHS 560,000 5275,000 5335,000
HL pt removed for the 2003 asmt 2004 per [Q 598.07
Total �60,000 5275,000 5335,000 2004 �er Unit 583,750
CALCULATION OF REPRODUCTION COST
Segregated Cost Method
Section 1 Apartment Building
Section 1— Preliminary Building Cost $92,760
Number of Stories Multiplier x 2
Section Totals $185,520
Architects' Fees 1.5
Current Cost Multiplier 1.0
Local Multiplier 1.13
Final Multiplier 1.695
Section Total Multiplied by Final Multiplier
$185,520 X 1.695 $314,456
$90.57 per sq. ft.
Lump Sums:
Refrigerators (4) $750 ea. $3,000
Stoves (4) $525 $2,100
Washer Drver (1 ea.) $540 $460 $1.000
Lump Sum Total: $6,100
Reproduction Cost:
$314,456 $6,100 $320,556
Additional Items
Reproduction cost estimates have also been obtained for the yard improvements.
For purpose of uniformity, the source of cost data for these items was the
Marshall Swift Valuation Service, Section 66.
SurFace Parking Lot
Engineering plans, survey, permits, etc. $60
Grading, rough and finished $55
Drainage $100
Paving-spaces and drives $455
Miscellaneous landscaping, signage, etc. 90
Indicated parking lot cost per parking space $700
5 Parking Spaces x$700 ea. $3,500
Landscaping
Items of sod, trees, shrubs, landscape rock, etc.
Base cost per sq. ft. $1.80 sq. ft.
Landscape area x 6.079 sa. ft.
Indicated Landscape Cost $10,942
Replacement Cost New of Additional Items $14,442
Total Reproduction Cost New
Section I Apartment Building 320,556
Additionalltems 14,442
Total Reproduction Cost 334,998
SUBJECT PROPERTY
6408 Willow La
Todd Paulson
PID# 36 119 21 41 0004
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LAND CHARACTERISTICS
Land Area 39,727 sq. ft.
River Frontage Approx 100 ft.
2004 Land Value $184,000
2004 Bldg. Value 181,000
TOTAL 2004 EMV $365,000
BUILDING CHARACTERISTICS
Style: Rambler 1,472 sq. ft.
Main Level Room Count: 5/ 2/ 2
Below Grade Room Count: 3/ 1/.75
Garage: 2 Car Detached
Fireplace: 2
Porches/Decks/Misc.: 578 sq. ft. Deck 95 sq. ft. Porch
Central Air Conditioning: CAC
I
City of Brooklyn Center
A Millennium Community
TO: 2004 Brooklyn Center Locai Board of Appeal and Equalization I
RE: Todd Jennifer Paulson
6408 Willow Lane I
P I D# 36-119-21-41-0004
I �i
Mr. Paulson appeared at the 2004 Board of Appeal and Equalization on May 3, 2004 to I
appeal his 2004 land value. Mr. Paulson was informed that the appeal process is for the I
total estimated market value of the property that he could not appeal just the land
portion. He was directed by the Board of Appeal and Equalization to set an appointment I
with the Assessor's office for an interior review of his property. Mr. Paulson did not I
contact our office to schedule an appointment for an interior review. On May 5 tn, I
directed Ms. Brenna, Appraiser, to call Mr. Paulson's home. Mr. Paulson was not at I
home so Ms. Brenna left a message requesting he make an appointment with her
sometime within the week. Mr. Paulson's response via voicemail was again to suggest
that an interior review was unnecessary as his issue was with land only. Ms. Brenna
was unable to contact Mr. Paulson by phone a second time but left a message stating
that an interior review was necessary in order to appeat your valuation. Mr. Paulson has
not scheduled an appointment as of today, Monday, May 10, 2004.
Mr. Paulson has a 1472 sf. Brick rambler in above average condition. The kitchen
includes new counters and ceramic tile floor with newer appliances. First floor finish
includes 2 bedrooms, a living room, formal dining room, kitchen and full bath. Below
grade finish includes a legal bedroom, family room, one other finished room, and a 3
bath. Special features include 2 fireplaces, a tunnel from basement to detached
garage, 578 s.f. of deck, and a 96 s.f. porch. Mr. Paulson has not had an interior
review of his home by our office since 1997.
The lot for Mr. Paulson's property is 39,727 s.f. with approximately 100 feet of
Mississippi River frontage. The lot falls entirely into a flood plain. The value placed on
Mr. Paulson's lot reflects the flood plain issue, as well as it's proximity to the freeway. In
addition, there is an adjacent apartment complex. The total value for Mr_ Paulson's
structure has been reduced 4% to account for this adjacent apartment influence.
There are two river sales in Brooklyn Center that were used in the attached grid, in
addition to a large off water property for comparison to Mr. Paulson's value.
STAFF RECOMMENDATION: Sustain Mr. Paulson's estimated market value at
$365,000. Mr. Paulson's taxable ma�lcet value will remain at $251,500.
Respectfully
��C/ ,C�-�
Nanc W cik SA��
Y 1
City Assessor
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. cityo fbrooklyncenter.org
CITY OF BROOKLYN CENTER
Sub�ect Property: 6408 Wi ow �a N
P I D# 36 119 21 41 0004
Todd Paulson
This map was created by the assessing division for illustrative purposes only.
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COMPARABLE SALES PHOTOS
Comparable 1
5432 Twin Lake Blvd E
03-118-21-34-0031
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Land Characteristics
Land Area 19,740 sq. ft.
Off River Location
Sold: Oct., 2003
Sale Price: $240,000
Building Characteristics
Style: Rambler 1,564 sq. ft.
Main Level Room Count: 6/ 3/ 1
Below Grade Room Count: 1/ 1/.75
Garage: 2 Car Attached
Fireplace: 2
Porches/Decks/Misc. 156 s.f. Greenhouse
Central Air Conditioning: CAC
COMPARABLE SALES PHOTOS
Comparable 2
6858 Willow La
PID# 36-119-21-12-0004
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Land Characteristics
Land Area 21,050 sq. ft.
River Frontage Approximately 100 ft.
Sold: September, 2003
Sale Price: $412,500
Building Characteristics
Style: Rambler 1,624 sq. ft.
Main Level Room Count: 6/ 3/ 1.5
Below Grade Room Count: 3/ 1/ 1
Garage: 2 Car Attached
Fireplace: 2
Porches/Decks/Misc. 640 s.f. Pool/ 168 s.f. Open Porch/424 s.f. Dck
Central Air Conditioning: CAC
COMPARABLE SALES PHOTOS
Comparable 3
6900 Willow La
PID# 25-119-21-44-0004
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Land Characteristics
Land Area 19,608 sq. ft.
River Frontage Approximately 100 ft.
On Ravine
Sold: June, 2003
Sale Price: $425,000
Buildin Characteristics I
9
Style: Rambler 1,495 sq. ft.
Main Level Room Count: 5/ 2/ 1.75
Below Grade Room Count: 1/ 1/ 1
Garage: 2 Car Attached
Fireplace: 2
Porches/Decks/Misc. 192 s.f. Screen Porch/ 332 s.f. Deck
Central Air Conditioning: CAC
I
CITY OF BROOKLYN CENTER
COMPARABLE SALES
#1: 5432 Twin Lake Blvd. E/Map on next page
#2: 6858 Willow La.
#3: 6900 Willow La.
This map was created by the assessing division for illustrative purposes only. I
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CITY OF BROOKLYN CENTER
COMPARABLE SALES
#1: 5432 Twin Lake Blvd. E
#2: 6858 Willow La. Map on Prior Page
#3: 6900 Willow La. Map on Prior Page
This map was created by the assessing division for illustrative purposes only.
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RESIDENTIAL SALES COMPARABLE ADJUSTMENT GRID
APPRAISAL OF 64OH WIIIOW L8
Brooklyn Center
PID# 36 119 21 41 0004
9.7% grow[h from 2003 to 2004 annually
SUBJECT COMP. #1 COMP. #2 COMP. #3 COMP. #4
NAME Todd PaulsOn NAME
ADDRESS 6408 Willow la N 5432 Twin Lake Bivd E 6858 Willow La 6900 Willow La ADORESS
Pw 36 119 21 41 0004 03-118-21-34-0031 36-119-21-12-0004 25-119-21-44-0004 PID
SALE PRICE Sz4O�000 $412 �SOO $42S�OOO SAIE PRICE
Financing Adjustment $0 $0 Financing Adjustment
Sale Price $24Q000 $412,500 $425,000 Sale Price
(Adjusted for Fina�ce) (Adjusted (or Finance)
SALE oArE Oct., 2003 $4,000 Sept., 2003 $10,000 June, 2003 $21,000 sa�e onre
Sale Price $244,000 $422,500 $446,000 Sale Price
'(Adiusted for Time) (ndjusted for iime)
LOCATION Very Good Inferior Similar Similar LOCATION
SITE FRONTAGE 39,727 S.F./Approx 100 19,740/LAKE VIEW 5740,000 21,050 S.F. Apx 100 579,000 19,608 S.F. Apx 100 579,000 LOT S¢E I
STYLE Rambler Rambler Rambler Rambler Snr�e
ROOM COUNT Above 5/ 2/ 1 PUII 6/3/1 Full 6/3 2 3/4 B3 5/ 2/ 1 Fllll, 1 3/4 B0 ROOM COUNT Above Grada
Grade -Total /BR Baths ToGI /BR I Baths
SIZE (s.f.) 1,472 S.F. 1,564 (53,000� 1,624 (55,000) 1495 S.F. S¢E (s.f.)
Yr Built EFF Age 7958/1970 1956/1966 1962/1978 1971/1975 YEAR BUILT
CONDITION Average Superior ($20,000) Superior ($20,000) Averege CONDITION
iF FIREPLACES 2 2 2 2 N FIREPLACES
HEAT AIR C. GFA/CAC GFA/CAC HW/CAC GFA CAC Heni aiR c. E
BSMT FULL FULL FULL ($18,000) FULL ($2 ,000�, BSMT 4
BSMT FIN. ROOMS 1 BR, 1 FR, 1 OTHER 3/4 BA 1 FR, 1 3/4 BA 1 FR,1 KITCH,1 BR, &DLX BA 1 BR, 1 FULL BA BSMT FIN. ROOMS
GARAGE (#cars) 2 Car Detached 2 Car Attached 2 Car Attached 510,000 2 Car AtWChed $1Q GARAGE (#cars)
AMENRIES Deck Porch Greenhouse Porch Pool 640 sf/Open porch Dk ($10,000�, Screen Porch Deck nhteNrues
REMODELWG Kitch Ba Remodel ($10,OOO) Skylight (5500) eeMOOeuNC I
OTHER Superior Walkout No Walkout $7,000 supe.iorwaikou� Superim Walkout orrieR
Net Adj�stment $124,000 ($34,000) $26,500 Net adjustment
�IndicatedValue $368,000 $388,500 $472,500 IndicatedValue 'I
�Valuafion Reconciliation: Value Ranae 5368.000 to 5472.500. Recommendation: Sustain EMV of 5365,000
COMMENTS: Subject property is located along the Mississippi River with approximately 100 ft. of river frontage on a deep lot. Subject property is a brick rambler style home of above average size and quality of
finish in good condition. Speciai features include a tunnel from detached garage into basement level of home.
�G:IDeptsWSSESS\BOARD120041[PAUl50N Grid.XLS103 eoard Grid (2)
05/07/2004
PROPERTY DATA SYSTEM
TAXPAYER INQUIRY CURR 319
PROPERTY ID NEXT
36-119-21-41-0004
Pt.Con: Mt.Adr:
HOUSE# FRACTION STREET NAME UNIT ZIP+4 Front: 100 Back: 90
6408 1/_ WILLOW LA N 55430+ Right: 408 Left: 420
Ownerl: PAULSON TODD R Owner3:
Owner2: PAULSON JENNIFER L Owner4:
Zoning: R1 Prim/sec: Yr.blt: 1958 Area: 39727 Acres: 1.00
Sch.Dst: 286 Wshd: 00 Gr/Os/Ex: Subrecs: 01 Width: 95 Depth: 414
Mkt-Land Mkt-Bldg Mkt-Mach Mkt-Tot Tx Capacity Hd PT o0wn
2004: 184000 181000 365000 2515 H RL i00
2003: 99000 176300 275300 2187 H RL 100
2002: 76000 172600 248600 1953 H RL 100
�egal Description: NO LOT AND BLOCK GIVEN
UNPLATTED 36 119 21
COM AT A PT DIS 536 FT SLY PAR WITH
THE CTR LINE OF W RIVER ROAD FROM
A PT IN THE N LINE OF GOVT LOT 3
DIST 542 5/10 FT E ALONG SAME FROM ..MORE LEGAL
Tvpe PID or AQDRESS: nress ENTER: or F1, F2. FS
PROPERTY DATA SYSTEM
LIMITED MARKET VALUE INQUIRY CURR 318
NEXT
PID 36-119-21-41-0004 ASSESSMENT YEAR 2004 SUB-REC 01
HOUSE# 6408 F/A 1/_ STREET WILLOW LA N UNIT
CALCULATE LMV (Y/N) PROPERTY TYPE RL HMSTD CODE H
PART CONST GR/OS/EX REL HMSTD IND
CONTIG IND
MARKET LAND VALUE 184000
MARKET BUILDING VALUE 181000
MACHINERY VALUE
TOTAL MARKET VALUE 365000
IMPROVEMENT AMOUNT
LIMITED MARKET VALUE 251500
QUALIFYING IMPROVEMENT AMOUNT
MARKET VALUE SUBJECT TO TAXATION 251500
TAXABLE MARKET VALUE TAX CAPACITY 2515
Make chanaes: press ENTER: or F1, F2. F4, F5. F8
PROPERTY DATA SYSTEM
COMPUTER AIDED APPRAISAL INQUIRY 05/07/04 CURR 436
NEXT
PROPERTY ID: 36-119-21-41-0004 YEAR: 2004
ADQRESS 6408 WILLOW LA N CLASS: A04 DT: SF
STYLE ONE LEVEL MANUAL: NO
GBA 1472 (SQ.FT.) AGE: 34 YRS ZONED: R1
BASIC RATE $103.24
ADJ. RATE $113.56 EXT. WALL: 8.0°0 SHAPE: 2.0%
ADJ.RATE*GBA: 167160 ADD BSMT 17664 1472 SqFt @$12.00 Rate
DED UNF.GBA: SqFt $65.00 Rate
ADJUSTED TOT: 184824
ADDITIVE AMT: 51824 GARAGE 10216 DORMERS: PAT.DOORS:
WALKOUT: 8000 AIRCOND: 1766 DECKS 5780
PATIOS PORCHES: 2880 POOLS
BATHS 12000 FIREPLC: 5000 FIN.BSMT.: 6182
TOTAL COST 236648
ADJUSTMENTS 76.50 DEPRECIATION: 80.5°o INFLUENCES: -40
FUNCTIONAL °o ECONOMIC o
BLDG VALUE 181000 BLDG MARKET VALUE 181000
FLAT CHGS LAND MARKET VALUE 184000
TOTAL MARKET VALUE: 365000
Tvpe PID. Press ENTER: or F1. F2. F8
i
City �ouncil Agenda Item No. l0a
PROCLAMATION
DECLARING MAY 16-22, 2004
PUBLIC WORKS, WEEK IN BROOKLYN CENTER
WHEREAS, public works services provided in our community are an integral part of our citizens'
everyday lives; and
WHEREAS, the support of an understanding and informed citizezuy is vital to the efficient
operation of public works systems and programs such as engineering, water,. sewers,
streets and highways, parks, public buildings, and solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities
and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction is vitally dependent upon the efforts and skill of public works personnel;
and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim
May 16-22, 2004 as "National Public Works Week" in the City of Brooklyn Center, and I call upon
all citizens and civic organizations to acquaint themselves with the issues involved in providing our
public works and to recognize the contributions which public works officials make every day to our
health, safety, comfort, and quality of life.
Date Mayor
Attest:
City Clerk
MEMORANDUM
DATE: May 5, 2004
TO: Michael J. McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide
SUBJECT: Proclamation Declaring May 16-22, 2004, Public Works Week in Brooklyn
Center
National Public Works Week is a celebration of the tens of thousands of inen and women in
North America who provide and maintain the infrastructure and services collectively known as
public works.
Instituted as a public education campaign by the American Public Works Association in 1960,
the weeklong celebration calls attention to the importance of public works in community 1ife.
The week seeks to enhance the prestige of the professionals who serve the public good every day
with quiet dedication. The 2004 theme, "24/7 Focused On Our Community" reflects the all-
encompassing nahire of public works.
The Public Works De artment em lo ees 38 full time and 12 seasonal em lo ees in the five
P P Y P
Y
divisions of the Department—Engineering, Street Maintenance, Parks Maintenance, Public
Utilities, and the Central Garage. All divisions work together as a team to provide high-quality
service for people who live, work, and visit Brooklyn Center. Many of their tasks like plowing
streets, mowing parks, putting up signs, pumping water, maintaining large equipment, and
designing irnprovement projects are high profile. Many more tasks are completed almost
unnoticeable except in their absence.
Many people do not realize that many of the efforts of the department take place while everyone
else is sleeping. It is not unusual for street or park employees to get called out in the middle of
the night after a storm to clear fallen trees from the road, or to plow or provide ice control during
a winter storm, or utility employees to be called out to respond to a sewer backup or watermain
break.
As part of Public Works Week, the Public Works Department will be conducting an Equipment
i Show and Tell at Evergreen Elementary School on Friday, May 21.
Our Public Works employees take great pride in their work. Attached for Council Consideration
is a Proclamation Declaring May 16-22, 2004, Public Warks Week in Brooklyn Center.
City Council Agenda Item No. lOb
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO:
Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk 5�����
DATE: May 10, 2004
SUBJECT: Mayoral Appointment to Northwest Hennepin Human Services Council
Advisory Commission
The Northwest Hennepin Human Services Council is a human services planning and coordinating agency
serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley,
Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The
goals af the Council are to improve access to human services for area residents, raise awareness of human
service needs, and coordinate and assist in planning for needed human services in the community.
The Advisory Commission is composed of citizen representatives appointed for two-year terms by their
respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner,
representatives are asked to attend one Advisory Commission meeting per month and serve on one
Commission committee or task force during the year.
Lumarie Watkins resi ned from the Northwest e i m er 'ce oun '1 A vi C mi 'on
g H nnep n Hu an S vi s C ci d sory om ss�
effective April 23, 2404, as she will be leaving the Brooklyn Center area. She was just appointed in
December 2003 after a five-month search for a member. In March 2004 the City Council appointed Audrey
Harris-Blount to the Northwest Hennepin Human Services Council Advisory Commission. There were two
applications submitted at that time.
Mayor Kragness wishes to appoint the former applicant, Tracy Groves, 5337 Girard Avenue North, to the
Northwest Hennepin Human Services Council Advisory Commission without re-advertising for the
Commission. Ms. Groves was contacted and has indicated her desire to serve on the Commission.
Recommended Council Action:
Motion by Council to ratify the Northwest Hennepin Human Services Council Advisory Commission
nomination by Mayar Kragness with term expiring December 31, 2004.
Attachment: Application of Tracy Groves for Council Members only
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.cityofbroohlyncenter.org
I
City Council Agenda Item No. l0c
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING LICENSE FEES FOR RETAIL SALE OF
FIREWORKS
WHEREAS, on April 12, 2004, the City Council adopted Ordinance No. 2004-06
amending the City's ordinance regarding the sale and use of fireworks; and
WHEREAS, the ordinance states that license fees for the retail sale of fireworks will
be set by City Council resolution; and
WHEREAS, Minn. Stat. 624.20, subd. 1(d) limits the amount cities may charge far
fireworks licenses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following fireworks license fees are hereby established and comply with the
Statutes.
Annual Fee
Retail Seller in the Business of Selling Only
Consumer Fireworks (Temporary Stands) $350/location
Other Retailers that Sell Consumer Fireworks and Other Items
(Permanent Structure) $100/location
Mav 10. 2004
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.
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: May 5, 2004
SUBJECT: Resolution Establishing License Fees for Retail Sale of Fireworks
At its April 12, 2004, meeting, the Brooklyn Center City Council adopted Ordinance No. 2004-06
regarding the sale and use of fireworks. Section 19-403, subd. 9, states that license fees are established
by resolution. Minn. Stat. 624.20, subd. 1(d) limits the amount cities may charge for fireworks
licenses to $350 annually for a business that sells only fireworks (i.e., temporary stands) and $100 for a
retailer that sells fireworks and other items such as groceries, household goods, etc. (i.e., Target, Cub
Foods, gas stations). Attached is a resolution that sets the fees for the retail sale of fireworks at the
limits the State provides. The fees collected cover such related services as inspections, compliance
checks, and safety information.
Attachment
6301 Shingle Creeh Parhway 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.cityo fbrooklyncenter.org
City Council Agenda Item No. lOd
CITY OF BROOKLYN CENTER
Notice is h
ereby given that a public heanng will be held on the 14th day of June 2004 at 7:00 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider an Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center
Regarding the Manufacturing of Beer, Wine and Distilled Alcoholic Beverages
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
OF THE CITY OF BROOKLYN CENTER REGARDING THE
MANUFACTURING OF BEER, WIl�TE AND DISTILLED ALCOHOLIC
BEVERAGES
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:
S�r �5-�.34. I-1 INDUSTRIAL PARK.
L Permitted Uses
a. The following manufacturing activities:
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionary and related products
Beverages, 111C�llc�711g }1P.Pr Wi11P. a11[� [�1St1��P[� alc�hnl �ti�
a� L�,`�6_. �.3�,J�.j1� f.�� {.)��i�s�,�� 1��.��.��3�'s"
Macaroni, spaghetti and noodles
I-2 GENERAL 1NDUSTRY.
1. PPrm,tt .c� i Tse�
a. The following manufacturing activities:
ORDINANCE NO.
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionary and related products
Beverages, includi1�hePr wine and cli�tillPd alcnh�l ���;�:i�
ITIC:'. �".'!<?Tl �)i�31'z�f�.�: t:7� t.21s?l�: �.Pt.�I�C.?f�)
Macaroni, spaghetti and noodles
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren Plannin and Zonin S ialist .C�t -w
Subject: City Council Consideration Item An Ordinance Amending Chapter 35 of the
City Ordinances
Date: May 5, 2004
On the May 10, 2004 City Council Agenda is a request from Mr. Omar Ansari (Sparky
Abrasives) for an Amendment to Chapter 35 of the City Ordinances to allow the operation of a
microbrewery in the I-1 and I-2 Zoning District.
Attached for your review are copies of the Mr. Ansari's request relating to the Cornmission's
consideration of this matter and other supporting documents.
This matter was considered by the Planning Commission at their Apri129, 2004 meeting and was
recommended for approvaL
It is recommended that the City Council, following consideration of this matter, approve for f rst
reading, an ordinance amendment allowing for the manufacturing of beer, wine and distilled
alcoholic beverages in the I-1 and I-2 zoning districts.
MEMOR.A,NDUM
TO: Planning Commission Members
FROM: Ronald A. Warren, Planning Commission Secretary
SUBJECT: Request to Amend Zoning Ordinance
DATE: April 26, 2004
Attached is a written proposal from Mr. Omar Ansari, Sparky Abrasives, 4811 Dusharme Drive,
Brooklyn Center, requesting an amendment to the City's Zoning Ordinance to allow the
operation of a microbrewery in their building. The property in question is zoned I-2 (General
Industry) and is located at the northwest end of the Dusharme Drive cul de sac, which is an
extension of 48�' Avenue North.
Attached for the Commission's review is an azea map showing the I-2 zoning district,
highlighting the Ansari property and also an aerial photo of the site. Attached as well are copies
of Section 35-330 and 35-331 regarding the allowable uses in the I-1 and I-2 zoning distrits.
Mr. Ansari believes their family owned building would be an excellent location for a
microbrewery where they would manufacture and distribute beer to local restaurants. He notes
that their business has changed over time from a manufacturing operation that at one time
employed 80 people to one that is currently downsizing to the point where they have space
available where a microbrewery could be operated. The problem is the Zoning Ordinance does
not allow a brewery use in the I-2 zoning district. In fact, the zoning ordinance specifically
excludes the manufacturing of malt or malt liquors in both the I-1 and I-2 zones. Nowhere in the
city is such a use allowed. The wholesale distribution of beer, wine and distilled alcoholic
beverages is allowed in the I-1 and I-2 zones, but not the manufacturing of these items.
The reason manufacturing of these beverages is not allowed anywhere in the city is not clear,
however, it was noted that when this ordinance was written, almost 40 years ago, microbreweries
did not, for the most part, exist. Breweries generally require large areas of land, a large supply of
water and sewage system capable of handling their discharges. Odors and smells associated with
the indushy might also have been considered a negative. These may have been the reasons why
such a use was not authorized anywhere in the City of Brooklyn Center.
Mr. Ansari, in his written submission, reviews the manufacturing process and brewery issues
relating to water usage, sewer capacities and odors. The Public Works Director, Community
Development Director and City Manager have been provided with the written proposal and have
been requested to provide their comments. None have been received to this date.
It should be noted that any such operation wo�ld be required to meet PCA, EPA and other
envirorunental, noise or odor regulations. It appears our utility system could handle such an
operation.
If a brewery is to be allowed anywhere in the city, the I-2 (General Industry) zoning district, and
perhaps the I-1 (Industrial Park) district, would be the appropriate zones. An argument could be
made that the City should accommodate such a use somewhere in the city.
The Planning Commission should review the written material presented and make a
recommendation to the City Council regarding this matter. Because Mr. Ansari has made a
formal request to modify the Zoning Ordinance, the City must respond to this request within 60
days. The proposal was received on April 15, 2004, therefore, a disposition should be renderec3
no later than June 14, 2004 by the City CounciL
Attached is an Ordinance Amendment that would allow the manufacturing of beer, wine and
distilled alcoholic beverages in the I-2 (General Industry) zoning district for the Commission's
consideration if the Commission is inclined to make a favorable recornmendation.
We will be
prepared to discuss this matter further at the Apri129, 2004 Planning Commission
meeting.
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2. Complementary to existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
3. Of comparable intensity to permitted C2 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon those
facilities, the inunediate neighborhaod, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day care use.
Furthermore, group day caze facilities shall be subject to the special requirements set forth in
Section 35-412.
Section 35-330. I-1 INDUSTRIAL PARK.
1. Permitted Uses
a. The following manufacturing activities:
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt liquors
Macaroni, spaghetti, and noodles
2. Apparel and other finished products made
from fabrics, leather, and similaz materials.
3. Lumber and wood products, except saw mills
and planing mills producing a dimensioned lumber.
4. Furniture and fixtures.
5. Converted paper and paperboard products (as
opposed to paper and paperboard manufacturin.g).
6. Printing and publislung and allied industries.
Ciiy ofBrooklyn Center 35-37 Ciry Ordinance
7. Chemicals and allied products as follows:
Dru s
g
Soaps, detergents and cleaning preparations
Perfumes, cosmetics and other toilet preparations
(compounding and packaging only)
8. Miscellaneous plastic products.
9. Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electrical lighting and wiring equipment
Communication equipment, including radio and television
receiving sets
Electronic components and accessories
Screw machine products
10. Professional, scientific, electronic and controlling instruments, photogra.phic and
optical goods, watches and clocks.
11. Miscellaneous manufacturing such as jewelry and silverware, musical instruments
and parts, toys, amusement, sporting and athletic goods and pens, pencils and
other office and artistic material
12. Assembly of electric powered vehicles.
13. Adult establishments.
b. The following wholesale trade activities:
1. Automotive equipment
2. Drugs, chemicals and allied products
3. Dry goods and apparel
4. Groceries and related products
5. Electrical goods
City of Brooklyn Center 35-38 City Ordinance
6. Hazdware, plumbing, heating equipment and supplies
7. Machinery, equipment and supplies
8. Dther wholesale trade similaz in nature to the aforementioned uses such as
paper and paper products, fumiture, and home furnishings, and beer, wine and
distilled alcoholic beverages, but expressly excluding petroleum bulk stations
and scrap and waste materials and similar uses.
c. The following service activities:
1. Laundrying, dry cleani.ng and dyeing
2. Contract construction
3. Kennels
4. Veterinarian and animal hospitals
d. Public transportation terminals (excluding truck terniinals).
e. Accessory uses incidental to the fore oin rinci al uses when located on the same
g gP P
property with the use to which it is accessory. Such accessory uses to include without
being restricted to the following:
1. Offstreet pazking and offstreet loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
3. Storage of raw materials, work in process and inventory, provided such storage
is within completely enclosed buildings.
f. Other uses similaz in nature to the aforementioned uses, as determined by the City
Council.
2. Special Requirements
a. See Section 35-413 of these ordinances.
City of Brooklyn Center 35-39 City Ordinance
3. Snecial Uses
a. Foundries, provided that the foundry operation is a necessary incident to a principal use
permitted in the I-1 district.
b. Textile mills.
c. Retail sales of products manufactured; processed, warehoused, or wholesaled on the
use site.
d. Accessory off-site parking not located on the same property with the principal use,
subject to the provisions of Section 35-70L
e. Those commercial devel.opments which, in each specific case, are demonstratedto the
City Council to be:
.l. Compatible with existing adjacent land uses as well as with those uses
permitted in the I-1 district generally.
2. Complementary to existing adjacent land uses as well as to those uses
permitted in the I-1 district generally.
3. Of comparable intensity to permitted I-1 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon the
industrial park or the community.
and, which aze described in Section 35-322, Subsection 1 d, e(subparts 1-6), f, (subparts 2
and 3), g through j; 3 m and 3 p. Such commercial developments shall be subject to I-1
district requirements of Section 35-400 and 35-413 and shall otherwise be subject to the
ordinance requirements of the use classification which the proposed development represents.
g. Warehousing and storage uses which, in each specific case, aze demonstrated to the
City Council to be:
1. Compatible with existing adjacent land uses as well as with those uses
permitted in the I-1 district generally.
City ofBrooklyn Center 35-40 City Ordinance
2, Of comparable intensity to permitted I-1 district land uses with respect to
activity levels.
provided such uses shall adhere to applicable requirements in the I-1 district and shall not
involve maintenance or servicing of vehicles on the site.
h. Other noncommercial uses required for the public welfare as determined by the
Council, including accessory outside storage of materials when screened from public
view by an opaque wa11.
Section 35-331. I-2 GENERAL INDUSTRY.
1. Permitted Uses
a. The following manufacturing activities.
1. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt or malt liquors
Macaroni, spaghetti and noddles
2. Textile mill products.
3. Apparel and other finished products made from fabrics, leather and similar
materials.
4. Lumber and wood products, except saw mills and planing mills producing
dimensioned lumber.
5. Furniture and fixtures.
6. Converted paper and paperboard products (as opposed to paper and paperboazd
manufacturing).
7. Printing, publishing and allied industries.
City of Brooklyn Center 35-41 City Ordinance
8. Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning prepazations, perfumes, cosmetics and other
toilet preparations (compounding and packaging only)
9. Miscellaneous plastic products.
10. Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electricallighting and wiring equipment
Communication equipment, including radio and television
receiving sets
Electronic cornponents arid accessories
Screw machine product
Coating, engraving and allied services
11. Professional, scientific, electronic and cantrolling instruments, photographic and
optical goods, watches and clocks.
12. Miscellaneous manufacturing goods such as jewelry and silverwaze, musical
instruments and parts, toys, amusement, sporting and at�iletic goods and pens,
peneils and other office and artistic materials.
13. Assembl of electric owered vehicles.
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b. The following wholesale trade activities:
1. Motor vehicles and automotive equipmen�
2. Drugs, chemicals and allied products.
3. Dry goods and a arel.
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4. Groceries and related products.
5. Electrical goods.
6. Hardware, plumbing, heating equipment and supplies.
City of Brooklyn Center 35-42 City Ordinance
7. Machinery, equipment and supplies.
8. Other wholesale trade similaz in nature to the aforementioned uses such as
paper and paper products, furniture and home furnishings and beer, wine, and
distilled alcoholic beverages, but expressly excluding petroleum bulk stations
and scrap and waste ma.terials and similaz uses.
c. The following service activities:
1. Laundrying, dry cleaning and dyeing.
2. Wazehousing and storage.
3. Automobile and truck repair and wash.
4. Contract construction.
5. Kennels.
6. Veterinarian and animal hospitals.
7. Automobile and truck rental and leasing.
8. Gasoline service stations (See Section 35-414), motor vehicle repair and auto
washes provided they do not abut an Rl, R2, or R3 district, including abutrnent
at a street line; trailer rental in conjunction with these uses, provided that there
is adequa.te trailer parking space.
d. Truck terminals or exchange stations.
e. Public transit terminals.
f. Accessory uses incidental to the foregoing principal uses when located upon the same
property with the use to which it is accessory. Such accessory uses to include but not
be restricted to the following:
l. Off-street parking and off-street loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
City of Brooklyn Center 35-43 City Ordinance
3. Storage of materials, provided that when the use abuts or is adjacent to any
residential zone such storage shall be within completely enclosed buildings or
effectively screened by a solid wall or fence, including solid entrance and exit
gates not less than six feet nor more than eight feet in height.
g. Other uses similar in nature to the aforementioned uses, as determined by the City
Council.
2. Snecial Reauirements
a. See Section 35-4.13 of these ordinances.
3. Svecial Uses
a. Foundries, provided that the foundry operation is a necessary incident to a
principal use permitted in the I-2 district.
b. Retail sales of products manufactured, processed or wholesaled at the use site.
c. Accessory off-site pazking not located on the same property with the principal use,
subject to the provisions of Section 35-701.
Section 35-340. O-1 PUBLIC OPEN SPACE DISTRICT.
l. Permitted Uses
a. Public parks, playgrounds, athletic fields, and other recreational uses of a
noncommercial nature.
b. Accessory uses incidental to the foregoing principal uses when loeated on the same
properiy with the use to which it is accessory but not including any business or
industrial use. Such accessory uses to include but not be restricted to the following:
1. Off-street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
City of Brooklyn Center 35-44 City Ordinance
This proposal is to request an amendment of the City of Brooklyn Center's Ordinance
allowing the operation of a microbrewery.
My hope is to open a microbrewery at the building my family owns at 4811 Dusharme
Drive. We are located at the industrial park at the intersection of France Avenue and
Highway 100. The building has been owned by our family for over thirty years and
would be an excellent location for a microbrewery. This would not be a brewpub like
Rock Bottom, which sells beer directly to customers. We would manufacture and
distribute beer from our location to local restaurants, bars and liquor stores. Selling beer
to consumers on premises is not allowed under Minnesota law for micrabreweries.
At the present time, there is no area in Brooklyn Center where a microbrewery can
operate. Per Sections 35-330 and 35-331 of the City Ordinance, manufacturing of malt
liquors is expressly prohibited.
This document will cover the following issues:
Microbrewery Defmitions
How beer is made
Brewery Issues
Microbreweries as a desirable business for communities
Our microbrewery plans
Microbrewery Definitions
First some definitions are in order. The following definitions are provided by the
Association of Brewers. (The Association of Brewers is a trade association for the U.S.
craft beer industry and has been gathering the most accurate craft beer industry sta.tistics
since the industry's emergence in 1980.)
Definitions:
Microbrewery: A brewery that produces less than 1 S, 000 barrels (30, 000 kegs or
465, 000 gallons) of beer per year. Microbreweries sell to the public by one or more of
the following methods: the traditional three-tier system (brewer to wholesaler to retailer
to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer);
and, directly to the consumer through carryouts and/or on-site tap-room or restaurant
sales.
Brewpub: A restaurant-brewery that sells the majority of its beer on site. The beer is
brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly
from the brewery`s storage tanks. Where allowed by law, brewpubs often sell beer "to go"
and /or distribute to off'site accounts.
Regional Brewery: A brewery with the capacity to brew between 1 S, 000 and 2, 000, 000
barrels.
1
I
Large Brewery: A company with sales of more than 500,000 barrels. Same large brewery
companies operate a single brewing facility, while others may have more than a dozen.
Craft Beers: Generally, "all-malt, domestic beers produced using 100 percent malted
barley. Craft beers that are not all-malt sometimes substitute a percentage of malted
wheat (f'or wheat beers) or malted rye (for rye beers). Their inspiration can be traced to
British, German or Belgian traditions or is often uniquely American. Craft beers range
from pale to dark in color and from mild to strong in alcohol content. Sometimes they
include unusual ingredients such as fruit, herbs or spices. Compared with other beers,
their emphasis is more on flavor, and less on appealing to a mass market. (The best-
selling American beers are brewed using 30 to 40 percent rice or cvrn "adjunct,
resulting in a paler, lighter-bodied and lighter flavored beer).
Craft Brewer: A brewpub, microbrewery, regional specialty brewery or contract brewing
eompany whose majority of sales is considered craft beer.
KEY.• 1 barrel=31 U.S. gallons=2 "half=barrel" (IS.Sgallon) kegs=13.78 cases (of24
12-ounce bottles)
Some examples
Microbrewery- Lake Superior Brewing Duluth MN
Sprecher Brewing Compny Milwaukee, WI
Brewpub- Herkimer Minneapolis
Town Hall Minneapolis
Hops Maple Grove, Eden Prairie
Green Mill St. Paul
Rock Bottom Brewery Minneapolis
Regional Brewer- Summit Brewing Company St. Paul
Sierra Nevada Chico, CA
Red Hook Seattle, WA
Large Brewer- Miller Milwaukee, WI
Budweiser St. Louis, MO
Coors Denver, CO
Now we have a common frarnework to reference the different type of beer producers in
the marketplace.
2
Making Beer
7n reality, what makes brewing different from making potato chips or silicon wafers is
simply the finished product. Ray Daniels, DesiQning Great Beers
The first step in beer brewing is to crush the grain in a mill. Usually barley grain is used,
the grain is malted (heating the grain to start germination) prior to the brewer receiving
the grains. This is where the term "malt liquor" comes from.
Next, in the mash tun, the grain is heated with water and held at a constant temperature
for 90 minutes. The grains are then rinsed in the lauter tun with water to collect the sugars
from the grains. The runoff is collected and then boiled in the boil kettle. During the boil,
hops are added for bittering, aroma and taste. The boil •last between 60 minutes to 120
minutes and then the beer is cooled and sent to the fermenting tanks. From start to finish,
this process takes between 4-8 hours to complete.
In the fermenting tanks, yeast is added and the beer ferments for 3 to days. The beer
then ages for 2 to 6 weeks (depending on the style) and is either bottled or kegged. The
finished product is then refrigerated and readied for distribution.
In a small microbrewery or brewpub, two people can accomplish all of the above tasks.
The industry is more capital intensive than labor intensive. The primary job of the
workers is to move around the hot liquids, sanitize and clean equipment, and package the
product.
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The boil kettle and hot water tank. As you can see, these pieces of equipment are not
that large.
This Microbrewery in Wisconsin just began brewing beer. The size of their brewery
-1ess than 1500 square feet and planned yearly produetion are very similar to my
goals for the new business.
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The Mash and Lauter Tun. These photos are from Rush River Brewing in
Wisconsin.
4
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Fermentors. The number needed depends on how much beer is being produced.
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These fermentors are 13 feet high and are located at Lake Superior Brewing in
Duluth. The fermentors are eommonly the largest pieces of equipment in a brewery.
Our ceilings are 13.5 feet high and would accommodate all the brewing equipment.
5
Brewery Issues
There area a number af issues that would cause one concern when examining the
feasibility of a brewery operation in one's area:
Water Use
Sewer Use
Smells Odors
Our Building
Safety
Cleanliness
Government Oversight
Water
I mention these issues because I feel they need to be discussed prior to the brewery
operation. I am confident that all of the above can be settled in a manner that works for
all parties. I have been speaking with Mark Hartfield in the Utility Department of
Brooklyn Center and he does not feel that the brewery would have a significant impact
upon the city's infrastructure.
The first three issues (water, sewer, smells odors) are really a matter of scale, and this
may be why the ordinance was written to prohibit breweries in Brooklyn Center. Many
people homebrew in their own houses, but the amount is so small that no one notiees. On
the other hand, facilities like Coors and Miller have their own sewage treatment plants.
There is no doubt that an operation like the old Grain Belt brewery would have swamped
Brooklyn Center's water and sewer capabilities in the 1950's, back when this ordinance
was written. Perhaps an operation of that scale today in Brooklyn Center would overload
the infrastructure. However, the brewery I am proposing would be not be of that scale, or
not even as large as Summit Brewing in St. Paul. The brewery I propose would fit in less
than 2,000 square feet in an industrial park, and the impact of the small brewery on the
water and sewer systems would likely not be noticed.
Regarding water usage in a brewery, let's examine what amount of water the brewery
would use in a year. Let's assume the brewery produces around 1000 barrels a year as an
example. For every gallon of beer produced in a brewery, 5 to 7 gallons of water is
consumed for production and cleanup. That works out to 155,000 to 217,000 gallons of
water used per year. This is comparable to a household of four, which uses around
146,000 gallons of water annually. The city of Brooklyn Center pumps out 1.3 billion
gallons per year. Clearly the introduction of a microbrewery would not impact the water
usage of the city.
For comparison, Lake Superior Brewing in Duluth has been in existence for more than 10
years in central Duluth and they produce around 1700 barrels of beer per year. I would
6
not expect the size of my brewery operation to ever surpass 5000 barrels per year. The
realistic production of a startup brewery is around SOa barrels per year.
Sewage
Regarding sewage/wastewater production, this amount would be less then the water used
as the beer is not disposed of. The effluent produced in the 1000 barrel example works
out to 124,000 to 186,000 gallons of wastewater.
According to the city Water Department, the city disposes of 1.04 billion gallons of
wastewater per year. If we use our 1000 barrel example, the brewery's impact upon the
city sewer system would add 0.011 to the yearly production of sewage. You can see
with the amount of water entering the waste stream that the small amount of a start-up
microbrewery will not greatly affect the city's resources.
The bigger issue with breweries and sewage is the BOD (Biological Oxygen Demand) of
the products that are disposed. Dumping beer and yeast down the drain puts a strain on
water treatment plants. However, the problems with yeast disposal have been addressed
by most breweries; they simply kill the yeast by boiling or adding chemicals. The issue is
easily neutralized in every existing brewery in accordance with local water and sewer
systems.
Large amounts of beer are rarely disposed of by using the sewage system. Most beer that
ends up down the drain is trace amounts associated with cleaning the equipment.
Odors
Most individuals do not have an issue with the smell of a brewery. Most compare the
odors to that of a bakery. I have spoken with brewers at Lake Superior Brewing
(downtown Duluth), Rush River Brewing (Maiden Rock, WI), Town Hall Brewpub
(Seven Corners in Minneapolis), Herkimer Brewpub (Uptown), Viking Brewing (Dallas,
WI), Bandana Brewery (Mankato), Hops Restaurants (Maple Grove), Great Waters (St.
Paul) and Rock Bottom Brewpub (downtown Minneapolis), and none of them have had
any complaints from their neighbors regarding odors, or any other issues.
While discussing odor issues, let us address the current state of Gopher State Ethanol, the
former Schmidt Brewery, in St. Paul and its relation to the prospect of a microbrewey in
Brooklyn Center. The important issue is that the Gopher State Ethanol plant, which
produces ethanol along with many complaints from the neighborhood, is no longer a
brewery. In 2000, they began making ethanol, and their problems began. The following is
an excerpt from a story by NPR in September of 2002.
"Testing at Gopher State Ethanol, a converted S� Paul brewery, showed levels
of pollutants far higher than the industry had claimed Those results triggered
an EPA crackdown on ethanol plants nationwide. The castle-like brick building
of the old Schmitz Brewery towers over the surrounding houses on the flats of
the Mississippi River. For generations, neighbors coexisted peacefully with the
smell of beer-making. But in April 2000, the financially troubled brewery
7
now called the Minnesota Brewing Company began making a new product:
ethano� Darren i�i'olfson, who lives five blocks away, noticed the change in the
air immediately. "The second they,flipped the switch, it was like a smack in the
face, he says."
Clearly, the issue with the facility is its production of ethanol. A very large amount of
beerhas been produced at that sight since 1855, but the problems started when they
stopped the production of beer. I have no plans, current or future, to ever produce
ethanoL
Our Building
Our building is in a desirable location with regazd to residential areas for the brewery. To
the north, we have train tracks behind our building. To the east there is a gravel yard and
a lake. To the south is the industrial park, which continues West to the Highway 100 and
France Avenue interchange.
The industrial park would be the ideal area in Bxooklyn Center to locate a brewery. The
area has ample highway access (Especially once the France Avenue interchange is
completedi) The area is comprised of heavy manufaeturing and business that are used to
the large volume of delivery trucks. The water and sewer facilities are adequate for a
brewery operation and we are not directly located next to housing.
At our building, we do have enough parking space for employees. According to JVNW
Systems, a manufacturer of brewery equipment, a facility with our size could produce
between 1000 2500 barrels of beer per year. With that amount of production, they
estimate we would need 4.5 workers to produce that product. Clearly, we have adequate
parking and building facilities for that number of employees.
Breweries are specialized industries and place particular demands upon the facilities in
which they are located. Our building has the physical structures necessary for the
operation of a brewery.
The ceilings provide enough space for brewing equipment.
Water supply is adequate and the city water is of good quality
Floors can support the heavy loads of brewing equiprnent and fermentors
Adequate sewage capacity
220 and 440 volt electrical service presently in building
Sufficient square footage for a small brewery
Large entryway for the large brewing equipment
Sufficient parking areas for employees.
Safety
Breweries aze safe areas to work. Almost all of the machinery is stationary and there are
few moving parts in the equipment in the brewery. Most of the work performed is the
transfer of liquids and cleaning of the equipment. The most common injury in the
brewery is back injuries due to lifting kegs of beer. According to OSHA's web-site, the
8
malt liquor producing industry is safer than the industries that currently reside in our
industrial park.
Cleanliness
Cleanliness is an issue that often comes up when discussing breweries. Obviously,
breweries must be kept clean as they are areas in which beverages are produced. Because
special yeasts must be used, the air systems are always working and kept in good
condition. Any dirty areas in a brewery can harbor bacteria and wild yeasts, so breweries
need to be kept clean to assure a good product.
Mice aze always a concern due to the large amounts of grain stored on site. Because of
this, breweries always have weeds and vegetation cut down around the building and all
grains in the brewery are kept off the floor and stored on racks. Breweries are constantly
being cleaned and are inspected regularly by the Minnesota Agriculture Department.
An unclean brewery is one that will not be in business for long, as the cleanliness of the
brewery is reflected in the quality of the product.
Government Oversight
The brewery industry is one of the most regulated industries in America. The federal
government has an azduous application process to open a microbrewery. There are more
than 27 different forms that must be completed to receive permission to brew beer; these
include environmental and water assessments, personnel questionnaires and an Interpol
questionnaire. In addition to working with the federal government, one must be granted
approval by the State of Minnesota to open a brewery. The Minnesota Agriculture
Department must also grant approval of the brewery's building and equipment setup.
Due to the amount of t� revenue generated by the brewing industry, it is closely
regulated by the government to assure that all produced malt liquor is accounted for,
taxed, and properly distributed according to the laws of the state.
Desirable Business
Breweries have been part of the American landscape since the Pilgrims landed on
Plymouth Rock. In the 1800's, more than 4,000 breweries existed across the US,
supplying the local community with a fresh supply of beer. Almost every town had its
own brewery and unique styles to serve the population. Prohibition shut down almost all
of the existing breweries. In the 1970's, a wave of consolidation took over, and only 40
breweries existed. In the 1980's the industry began a revival by small craft brewers,
mainly located in the Pacific Northwest. Since that time, the microbrewery market has
grown and continues to expand.
Many microbreweries have a special relationship with their consumers that other
products do not enjoy. Individuals want to know where their beer is produced, and they
have a tendency to support local breweries. Brewery tours are a popular way for
consumers to get to know how beer is produced. Every bottle of my beer produced will
have Brooklyn Center on the label. People often travel to visit their favorite brewery.
9
Because of the brewery tours, people unfamiliar with Brooklyn Center may come to visit
from other parts of Minnesota. Breweries and their products are closely tied to the
communities they are located in, and I plan to make that the case with our microbrewery.
Supporting commuruty events will be a theme in our brewery.
Summit Brewery is an excellent example of the relationship a city may have with its
brewery. Recently, in an effort to retain Summit as a St. Paul business, the city sold
Summit 4 acres of land for its new brewery on the Mississippi River for $1.00. Many
people associate Summit Beer with the city of St. Paul; hopefully we could do the same
with Brooklyn Center and a new microbrewery. I feel there would be a great deal of news
coverage on the opening of a microbrewery in Brooklyn Center because it would be just
the second brewery in the Twin Cities.
Economic Impact
The following data from the Association of Brewers demonstrates that the beer brewing
industry is an important contributor to the US economy and that it remains healthy.
Ouerall U.S. Brewing Industry Dollar Volume: $S8. 7 billion
Jobs created by beer: 1, 662, 800
Wages created by beer: $47.4 billion
Taxes created by beer: $27.5 bidlion (includes business, personnel and consumption
taxes)
Economic impact created by beer: $144.5 billion
Total U.S. craft beer industry annual dollar volume: $3.4 billion.
"The continued growth trend really speaks to the stability of craft beer in a variety of
economic environments it has experienced. The quality and diversity ofAmerican beer
has never been better. It's exciting to think about what tomorrow will bring."
Paul Gatza, director of the Institute for Brewing Studies.
Our Plans
My family has been running a business in our building at 4811 Dusharme Drive since
1974. Our business has changed greatly over that time, we originally employed up to 80
people, manufacturing abrasives for the metal-working trade. Since that time, we import
the majority of our products and sell to smaller shops. Unfortunately, the manufacturing
industry has continued to lose jobs to fareign markets. Many customers that we have had
since our inception are closing their doors due to poor business conditions. We are
currently down-sizing our operation into a smaller part of our building. In our building,
we currently lease a 2700 square-foot area to Affordable Remodelers. They are down-
sizing and vacating their space. That is the part of the building in which I would like to
set up the brewery. It would be a good decision to move into a growth industry that has a
future as opposed to staying in the manufacturing business that continues to shrink and
lose jobs to overseas markets.
10
If the city were to amend the zoning ordinance, I could move forward in purchasing
equipment and working with federal regulators for brewery approval. I imagine it would
take azound six months to accomplish the above.
In this proposal, I have attempted to address all reasons why Brooklyn Center would
object to a microbrewery: If there are any issues I have not covered, please let me have
the opportunity to address them.
I hope the city of Brooklyn Center will allow the opening of a microbrewery so we can
stay in our current building and continue to be a provider of jobs to the community. We
have always been good neighbors and worked with the city to solve problems. I think that
the addition of a microbrewery to the city would be an asset for everyone involved.
SPARI�Y
�x�isrvES
Manufacturer and Distributor
i p of Industrial Abrasives
I 4811 Dusharme Drive
Minneapolis, MN 55429
Toli Fise (800) 328-456Q
Fax (800) 553-7224
OMAR ANSARI Local (612) 535-2311
Cf�/� b��.�y� ��a D E-mail zspazky@aol.com
11
From: Todd Blomstrom
To: Ron Warren
Date: 4/28/04 9:47AM
Subject: Micro Brewery
We reviewed the general information provided by Mr. Ansari regarding the potentiai Micro Brewery on
Dusharme Drive. This site drains to the City's sanitary sewer Lift Station No. 6. Based on the preliminary
data currently provided, it appears that there wouid be adequate sanitary sewer capacity for a small
brewery operation. However, we may have more comments or conditions regarding peak sanitary sewer
discharge rates and effluent BOD when more specific information is provided.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
Apri129, 2004
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, Sean Rahn, and Dianne
Reem, were present. Also present were Secretary to the Planning Commission/Planning and
Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca
Crass. Stephen Erdmann was absent and excused. Tim Roche was absent and unexcused.
APPROVAL OF MINUTES MARCH 25. 2004
There was a motion by Commissioner Newman, seconded by Commissioner Reem,
to approve the minutes of the March 25, 2004 meeting as submitted. The motion passed.
Commissioner Boeck abstained as he was not at the meeting.
CHAIR' S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
DISCUSSION ITEM: REOUEST TO AMEND ZONING ORDINANCE TO ALLOW THE
OPERATION OF A MICRO BREWERY
Mr. Warren described the request from Mr. Omar Ansari, Sparky Abrasives, which is a request
to consider an amendment to the City's Zoning Ordinance to allow the operation of a
microbrewery at 4811 Dusharme Drive in Brooklyn Center. Mr. Warren explained the current
use of the property and the details surrounding Mr. Ansari's request. He also stated that
currently manufacturing of these beverages is not allowed anywhere in the city, however, if a
brewery is to be allowed, the I-2 (General Industry) zoning district and the I-1 (Industrial Park)
district would be the appropriate zones.
Mr. Warren noted that because Mr. Ansari has made a formal request to modify the Zoning
Ordinance, the City must respond within 60 days. The proposal was received on April 15, 2004,
therefore a disposition should be rendered no later than June 14, 2004 by the City Council.
Commissioner Newman asked for clarification on the differences between a microbrewery and a
brewpub. The differences between these two facilities and the production and consumption of
beer was discussed.
4-29-04
Page 1
Commissioner Rahn inquired about the possibility of tours on the site and how that would be
handled. Mr. Warren explained that "off sale" liquor is not allowed in Brooklyn Center unless it
is through a municipal establishment. He further explained that the consumption of liquor is not
allowed without a full service restaurant. The concept of tours being offered with the
consumption of beer would have to be addressed at a later date.
PUBLIC HEARING: REpUEST TO AMEND ZONING ORDINANCE TO ALLOW THE
OPERATION OF A MICRO BREWERY
There was a motion by Commissioner Newman, seconded by Commissioner Boeck to open the
public hearing regarding a request to amend the Zoning Ordinance to allow the operation of a
microbrewery at 7:56 p.m. The motion passed unanimously. Chair Willson called for comznents
from the public.
Mr. Omar Ansari, 1445 Tyrol Trail, Golden Valley, introduced himself and asked for questions
from the Commissioners. He also explained that he has thoroughly researched Minnesota laws
governing microbreweries and his establishment will follow these guidelines.
The Commissioners inquired about deliveries, parking and hours of operation. Mr. Ansari
explained his plans for the business operation and the reasons for his proposaL
The Commissioners also discussed if this use would be allowed in other zoning districts. Mr.
Warren explained how such a use could be allowed in other districts.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Newman, seconded by Commissioner Boeck to close the
public hearing regarding a request to amend the Zoning Ordinance to allow the operation of a
microbrewery at 8:16 p.m. The motion passed unanimously.
The chair called for further discussion or questions from the Commissoners.
The Commission members further discussed approval of the ordinance amendment request.
ACTION TO APPROVE AN AMENDMENT TO THE ZONING ORDIN.ANCE TO ALLOW
THE OPERATION OF A MICRO BREWERY
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn to recommend to
the City Council approval of an Ordinance Amending Chapter 35 Regarding the Manufaeturing
of Beer, Wine and Distilled Alcoholic Beverages in both the I-1 and I-2 zoning districts.
Voting in favor: Chair Willson, Commissioner Boeck, Newman, Rahn and Reem.
Voting against: None
The motion passed unanimously.
Mr. Warren informed Mr. Ansari that the matter would be presented to the City Council at the
May 10, 2004 meeting.
4-29-04
Page 2
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:24 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
4-29-04
Page 3
City Council Agenda Item No. l0e
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances of the City of
Bro
oklyn Center Re ardin Allowable Uses in The CC Central Commerce Overla District.
g g
Y
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 OF THE CITY OF BROOKLYN CENTER REGARDING
ALLOWABLE USES IN THE CC CENTRAL COMMERCE OVERLAY
DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 35-2240 of the City Ordinances of the City of Brooklyn
Center is hereby amended to read:
�tiQr �5-��4� CC CENTRAL COMMERCE OVERLAY DISTRICT.
1. Land may be designated as being within the CC Central Commerce Overlay District by
city ordinance. Land use within any area so designated shall comply with the regulations
of this section in addition to all regulations applicable to the underlying land use district
established in Sections 35-300 through 35-331 of this Code and other regulations as
applicable.
2 �zi����� t,��: �;.is,.._��v= ..u.. ..z... ..a:,�.,,:;�] The fnlinwing u�es are allowed in the
CC Central Commerce Overlay District: �;t�-::= i ���,c�
2 FinancP, in�uranr.e reat e�tate and invP�tm nt nffi
b M.di .a1 rlental n�p��r, r,l�ir��racti�, anc3 �ntnmetric r,�f�nPC T,�
��m rnmding, rlisne�nsin_� �r �al at retaill �f clrug �,..nre�crintinn itPm� natPnt �r
nrnn�ri .�ta_rv medicine� cick r��m S��P�, nrnsth .ti �i .vir.PC nr items relatin�t�
any nf the fnrPg�ing whPn c�ndii tPd in th h�ildinz �cct� er3 rimaril�� m di al
cl�nt,al, n�te��thic, chir_ �_nr�,act�_'r nr �rtnmPtric nffi
c ThP f�ll�wing �ffi u�
ORDINANCE NO.
�l F.ngin .ring and ar .hit tnral
3�l F,clur.atinnal and S.i ntific r� arcl� �Pxnl,udino lahnratnrv f.ili iPSI
�l Acc�nnting, andit_�i� ancl h��kk nin.�
�l An urhan lannin agPn�
Beaiitv �nd harhPr .rvi
Q Fi�neral and cr .mat�rvi cet�rice�_
f PhntngrT;c cP.rvicPS_
Anna_ r�l�nair, altPratinn and �leaning,� icknn stati�n�, �h�� air_
r Advertising �ffice�, nrrn�icl d that the fahricati�n �f �ign� �hall n�t he a nermittPd
11S
rnn�umer anrl mer antil rPdit r nnrtirp �Prvices �ffice,_a��stment ancl c�ll ..ti�n
s rvi �fficPc
i 17t�nlicatinu mailina ancl �tPnnuranhic �ervi nffi
--o�-----o -o�
k F.m�` e.nt a�Pncv �ffice�
1 Rli�inP.cc and management cnnSnl ant nffi
m T� .te ,tiv and rr �tec.tivP a� .Pnc� �ff cP�_
r r'nntract�r'� �ffi
C',nvernmental �ffi c
$�ecc a�s�ciati�n �r�fe��innal m mh r�hin �rgani�ati�n�, iah�r uni�nc n�v�
s�cial ancl fratPrnal a��n iati�n nffi e�
L; Einancial in�titnti�n� inclnc3ing, hut nnt limitPC3 fi�ll SPrvice hank� and �aving�
and loan a��nciati�n�
r I�r�n-in chilc3 carP nter� li en� rl h� the l��inne��ta T) nartm nt nf Puhli WPIf�
rursuant t� a valid li encP �pnlicati�n,� mvided that a.�n� nf said licencP
e C� i
�z licati�n �hall hP �i�hmittPd anmiall� tn th,
c T,ea�ing �ffice�, pmvidPd thPre i� n� �tnrage �r�av �f nmd i t� nn th nce ci�
ORDINANCE NO.
t T.ihrariP� ancl art Qall rie�
11 1nStrncti�nal ncPC fnr art, m►��i�., nhntngr�n_h_u, dec�rating danc�� ancl rhP lil, and
stuc3i�s fnr lik activit�
v F,dncatinnal ncPC inchid_i�Tn�t �ernnc3arv �ch�nl�, hn�in c chn�ls, tracle �ch��l�
anc3 the like, h�t P.xn(ncling »i3h1 ic_and�rivate elPment r� an cer.nnr�arv �r.h��l�.
(K
w The retail �a1P nf fn�c]
x Ratin� ectahlishmPnt�
v C'nnvenience-f��cl r Staurant� nrrn�ici d thPV r(� n�t ah��t an R1.�R� n�2� ��nin.g
district inclnclina �hntm .nt at a n�n-ma��r th�r�i �u hfare �treet lin
z F.atinq Pctahlishment� �ff ring l���P P�tertainment• recreatinn and amt��em n la
�uch a� mntinn i hire theatPr� and legitimate theatP,r;� nrt� �ren�a, h�tx�ling 11 v�
skating r� •nk�, a�Vmnacinmc� anci PvPnt c ntPr� rentinz �nare tn �rgani�aYi�nS and
indivic�iial� fnr mePtinac rPr.Pnti�n� P,��P„nt� w� cPminar� ancl
athPr•in��,_ trade �hn
�rta.inment�all�nmviclP�1 thP�� dc► n�t ahnt an R1 R� nr R� ��ning diStrict
incli�eiing ah �tmPnt at a nnn mainr thc►rrn��hfare �trPPt linP
The retail 1 �f h atinu�,anr� nh,mh;,,� P� mP ��r g]aS�� an_d vva��na�er�
electri .al lie�„ and hi�ilding �_�n li .S
]�i T1�e retail �al �f tirPq, l�atteries and autnm�hile a�c ���ri and marinP �r,�
�nneccprieS_
ThP r.tail �al a c►f a»narel and rPlat c� a��P��nri
.dc.j The retail sal nf fi�rnitnrP, h�mP fi�rni�hing� and rPlat d 2uin
PP The retail �ale nf mis P11anPnnS itPm� �u h� th f�lln�x�ing;
1,� 1�n�S and �nr�i ta�r� itPm�
2,1 [..ji�11p�-�
3� Anti 2i�es ancl secnndhanc] m r hancli�
�l R��kS and �tati�n .rv
�l C'TardPn ��n ln i
�l T�
�l Fl�wer� and fl�ral acrP���ri
$�l f'igarS an�garette�
ORDINANCE NO.
�l Ne�n� Pr� anc� maga�in�
.L�� (�amera� ancl nh�tngra hic �nnnlie�
1.I�1 ("�ift�, n�vPlti anci ��uv nir�
1 2�
�1 (lnti .sa.1_g��d�
_141.� nrting gQC,d� ancl hic��]�„
£f The f�ll�wing r�.nair/�ervic n�
1,� F.1PCtrical r�.nat'��rvi�P c�
2 H�u�eh�lcl annlian el tri al Sl�nnli hPatin��nd lnmhing Pa.�nment
�l Radin and tPl .viSi�n renair servi �h�n�
�l Watch, cln .k and3P�x�P11� rPnair ��rvirP cll(111C
�1 �,a�mdering,� cleaning anrl �einu
ga C�'Tas�tine s rvicP ctati�ns �cPP Cecti�n 35-414�., mntnr ��Phicle renair and antn
wa�h�, trailer anrl trn k r ntal in �n�nncti�n �*�ith th PCP nS .s, nrnvicied that th r ic
a�clea»atP arking.�nace availahl f�r thP�P ��Phi�le..�
hL� The �ale �r vencling at gaS�line �ervi e Stati�nS �f itPm� nth r than fi� l�, liihric�nt�
nr autmm�tive nartc a„r� annP�cnries anc] �ther than thP ��Pnding �f snft rlrink�,
canc�y, r.i.gar�..ttPC a_nd �ther inciciPntal itPm� f�r th nnv ni nr.P nf cnstnm .r
within th nrincznal h�iilding�� mvidPCl ad at�atP arking iS avail�hlP c�nsi�t nt �x�ith
the �ecti�n 35-7�4��(� (�l
i� T_ran�ient lndgi�
Puhlir. transn�rtati�n terminal� �Pxr.i»cling truck t.rminalsl
kk Tennis clnh�, racket anrl c�r�� cluh� and her athl ti lnhs, hea_lth �n�� and �»ntan
s�ildi�
l� r'Trn� clav ra_re faciliti nrnv?�P� c�P�rP.I� ments, in e ch �n ifi� r.ace a.�
demnn�tr tPd tn h
,�l atihlP �x�i�, P.xi�ting a�j�acent land n� ac �x�Pl]�c with th�ca u,�
nermittecl in the r� diStric.t �.n .rallv
mm�lim .ntar`� tCl PX1St1Y1g�aCPnt �anr� iicae ac Vl1P.�c Wlt}1 thnS I7S .0
nermitt .d in thP C 2 rlistrict g.n rallv
�l (lf c_ ,_�narahl inten�it� t� nermittPC� diS ri .t land n�PC with rP�nP�ct tn
a�t�lt3�ls�
ORDINANCE NO.
�1 Plannec� and d�igned tn aS�ure th t generatPCl traffir, will hP within the
�'�t�r �f avaitahlP nuhlic facilitiP� an�l will nnt ha��P �n a�rcP i�
�.�n�n thnse facilitie� t11e immediat n.ighh�rh��d, �rthe c�mmnnitT,
�l Traffic generatPCl h� �ther u� nn th �itP �x�ill n�t n�� a danuPr t� �hildren
�ervPd h� thP c�a� care ii��
Ft�rtherm�r�, gr�i�=� �are fa�iliti S�hall h�l�h�ect t� thP �n ial r rn�irPm n�
set f�rth in S cti�n �5
mm Pi�hlic nark�, �tavgr�und�, athleYi field� and �th r r r �tinn ancl �nen �nacP i�� s
nn u� incident 1 tn th fnr g�in�nri�nal n�e� �x�hen l�catPd �n th �am
nr��e.rt with thP »�e t� whi h it i� ac�P��nry ��i .li accPCm� i�s s t� includ hi�t
n�t he re�trictPCl tn th f�llrnxjing;
]�l (lff.�treet arking and �ff�tr t lc►ac3in�.
2,� �_igns as nermitted in th Rr�nkl�n C'PntPr �ign nrdinan�e
3,� �lutsid_ e. cl�nla� and Sa1P �f m r handicP »rnvided that an aciminictrativP
rZermit is fir�t �htain d»i�r�uant t� �P�tic�n �5-R�� �f the� nrclinancP�
�l Retail fnncl chnn� p�ft�� h��k ancl �tati�nPrv ch�.rs, t�hacc� �h �n�
a� e���r� atina Pctahli�hmen �a1P and SPrvi �f c►ffnP c�,�1� Pa.rnmPnt
rc wcc�d.� and �imilar acrP���r� retail �hnnc �n�ithin multictnrv n�j�
hlll�(jlll�4 (1VPY 4n ft lp g](lec f�nnr araa� ppnVl(j r1 that thPrP lc nn
assnciatPCl sign�ry ui�ihle fr�m Yhe exteri�r �f the hnildinu• there i� n� carr
nut nr d livery �f fn�d fr�m th lp.t,; anrl the tntal fl�nr arPa nf all �n h�h�rn
�tithin a hnilding �h�ll n�t ex rl 1 nf thP t�tal b nec flnnr a, nf tl�a
ittldtn
Arc���r�r nff-Site n rking n�t ln atPd �n th �am nrnn�rtv with the rn inc• al n�
51113ect tn the nmviSi�n� nf ti�n �5-7�1
(lther use� �imilar in nat�rr t� th af�r m n i�n cl nce� as r3 .t .rmin .d h� the C'i.�i
('�i�ncil
3. The following uses are c.ifi .allv not permitted in the CC Central Commerce Overlay
District:
a. sauna establishments
ORDINANCE NO.
b. massage establishments
c. currency exchanges
d. pawn shops
e. secondhand goods dealers
4. The following area is hereby established as being within the CC Central Commerce
Overlay District:
The CC Central Commerce Overlay District is located within the area bounded
by a continuous line beginning at a point located at the intersection of John
Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H.
1 Q0 to its intersection with Brooklyn Boulevard; thence northerly along the
easterly right-of-way line of Brooklyn Boulevard to a point located
approximately 445' northerly of its intersection with County Road No. 10; thence
east along an extended line made up of the south boundar� lines of the plats far
Grimes 2" Addition, Hipp's 4 Addition and Hipp's S Addition, Henriepin
County, continued to �hP r.entPrline nf Shingle Creek [I��i�•��� G�-� thence
northerly along the centerline [�°tv�;t �i�;1��-��1=���a�-1.i�c.�] of Shingle Creek [:�B�zr����=�_;
t��� �������$.�<�t•� l.ir�� �}I` 1:l��° }:�l<at ii��° ����cs{��.��G��.�: �c���E�r� ;�.c�a�i=:ic�a�,
���=w°�p?�� #:�s�{a�t� r,P�tPrlinP nf T-94 thence easterly along said line [�c� t��e;
m1�:?'s�G� i���<a}��:�r� �.���i�� ri�l�t-f�� ii���:;� tn thP ��nterline �f Ni�mh�lc3t AvPr�
N�rfh; thenr.P �QUtherlv_t� the r.enterlinP �f T H t thence ���€>�:���t��.��:'�
sc�►�thwest�T to the point of the beginning.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MARCH 25, 2004
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Administer Oath of Office Tim Roche
4. Approval of Minutes January 15, 2004
5. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
hold public hearings. In the matters concerned in these hearings, the Commission makes
reeommendations to the City Council. The City Council makes all final decisions in
these matters.
6. Steve Lewis (Hertz) 2004-006
Request for Special Use Pernut to operate an automobile rental and leasing operation
with out of door storage of vehicles at 6201 Brooklyn Boulevard.
7. Study Item:
Moratonum on Churches and Religious Uses in Commercial and Industrial Zones.
a. Draft Ordinance Amendment Regarding Allowable Uses in the CC Central
Commerce Overlay District.
8. Other Business
9. Adj oununent
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffinan, Community Development Director
DATE: September 17, 2003
SUBJECT: Moratorium/Emergency Ordinance
The Council will have before them a first reading of an emergency ordinance that would
create a moratorium on the development or placement of new religious buildings within the City.
The moratorium would be for a sixty (60) days. A regular ordinance would follow creating a six
(6) month study period. Currently, churches are allowed as a special use in R1, R2, RS and I1
zones. Churches are a permitted use in C 1 and C2 zones.
Of particular concern is the availability of commercial space that can potentially be
converted to churches. Recently, the Salvation Army building was converted to a church. Staff
has received inquiries relative to the sale and conversion of the State Farm building to a church
as well as another site in the Metro Councils Opportunity Site. A number of buildings within the
opportunity site are or will be available to such conversion. While Brooklyn Center has
considered the placement of churches in the past, the potential for such conversions in the
opportunity site could have a profound impact upon the City's ability to redevelop that area.
A moratorium would permit the City to consider the impact such development will have
as well as the appropriateness of different zonings for church development. The City Attorney
will have a prepared draft of an ordinance for Council consideration. Assuming the Council
adopts the moratorium, the matter would be referred to the Planning Commission for study and
recommendations. I will be available Monday evening to answer questions on this matter.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14 day of January 2002, at 7:00
p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance establishing the Central
Commercial Overlay District.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 612-569-3303 to make arrangements.
ORDINANCE NO. 2002-01
AN ORDINANCE ESTABLISHING THE CENTRAL
COMMERCIAL OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 35-2000 of the City Code of Ordinances is amended as follows:
Section 35-2000. OVERLAY DISTRICTS. In addition to the land use districfs listed in
Section 35-300 of this ordinance, the following Overlay Districts are hereby established:
1. Flood Plain District
2. Critical Area District
3. Historical Preservation District
4. CC Central Commerce Overlav District
Any land which is classified by this ordinance as being within an Overlay District shall
be subject to the regulations governing land use activities witlun such a district in addition to the
use regulations established in Sections 35-300 through 35-331 of this ordinance, and to any other
regulations as applicable.
Section 2. The City Code of Ordinances is amended by adding new section 35-2240 as
follows:
Section 35-2240. CC CENTRAL COMMERCE OVERLAY DISTRICT
l. Land may be desi�nated as bein� within the CC Central Commerce Overlay
District bv city ordinance. Land use within anv area so designated shall comply with the
reQUlations of this section in addition to all re�ulations anDlicable to the underlyinQ land use
district established in Sections 35-300 throu�h 35-331 of this Code and other re�ulations as
applicable.
ORDINANCE N0. 2002-01
2. Uses allowed in the underlvin� land use district are allowed in the CC Central
Commerce Overlay District except as provided in this section.
3. The followinQ uses are not permitted in the CC Central Commerce Overlay
District:
a. sauna establishments
b. massa�e establishments
c. currencv exchanQes
d. pawn shops
e. secondhand �oods dealers
4. The following area is herebv established as bein� within the CC Central
Commerce Overlav District:
The CC Central Commerce Overlay District is located within the area bounded bv
a continuous line be�innin� at a point located at the intersection of John Martin
Drive T.H. 100 and goin� southwesterlv alon� the centerline of T.H. 100 to
its intersection with Brooklvn Boulevard; thence northerly alon� the easterly
right-of-way line of Brooklvn Boulevard to a noint located approximatelv 445'
northerly of its intersection with County Road No. 10; thence east along an
extended line made un of the south boundarv lines of the plats for Grimes 2 °tl
Addition Hlpp 4`" Addition and Hipp's 5"' Addition, Hennepin County,
continued to Shin�le Creek Parkwav; thence northerlv alon� the east right-of-wav
line of Shin�le Creek Parkway to the north boundary line of the plat for
Brookdale Square 2" Addition, Hennenin Countv; thence easterly alon� said line
to the John Martin Drive riQht-of-wav line; thence southerly to the point of the
�inning.
Section 3. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this 14` day of January 2002.
j
Mayo�
ATTEST: ���IG�i2/1�I ��,ffl7�
City Clerk
Date of Publication: January 23, 2002
Effective Date: February 22, 2002
(tJnderline indicates new matter; strikeout indicates matter to be deleted.)
DRAFT
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of 2003, at
7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter of the City Ordinances
Regarding
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 REGARDING ALLOWABLE
USES IN TI-� CC CENTRAL CONIMERCE OVERLAY DISTRICT.
THE CTTY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1:
�.�ti�n �S-��4Q. CC CENTRAL COMMERCE OVERLAY DISTRICT.
1. Land may be designated as being within the CC Central Commerce Overlay District by
city ordinance. Land use within any area so designated shall comply with the regulations
of this section in addition to all regulations applicable to the underlying land use district
established in Sections 35-300 through 35-331 of this Code and other regulations as
applicable.
2 The fnllnwin� are allowed in the CC
Central Commerce Overlay District:
3. The following uses are s��rifi� not permitted in the CC Central Commerce Overlay
District:
a. sauna establishments
b. massage establishments
c. currency exchanges
d. pawn shops
e. secondhand goods dealers
i
4. The following area is hereby established as being within the CC Central Commerce
Overlay District:
The CC Central Commerce Overlay District is located within the area
bounded by a continuous line beginning at a point located at the
intersection of John Martin Drive and T.H. 100 and going
southwesterly along the centerline of T.H. 100 to its intersection with
Brooklyn Boulevard; thence northerly along the easterly right-of-way
line of Brooklyn Boulevard to a point located approximately 445'
northerly of its intersection with County Road No. 10; thence east
along an extended line made up of the south boundary lines of the plats
for Grimes 2 Addition, Hi 's 4�' Addition and Hi 's 5�' Addition
PP
PP
Hennepin County, continued to t� centerline nf Shingle Creek
�vay; thence northerly along the centerline of
Shingle Creek
na
L-L4; thence easterly along said line
�q�me the r.entPrline �f Hnmh�ldt AvP xtu N�rth; thence snn hPrlv
Yc�the cPnterline nf T H 1 �n thence srnrth�er�y c�lithwecterlv to the
point of the beginning.
Section 2. This ordinance sha11 become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2004.
Ma or
Y
ATTEST•
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
2
PROPOSED USES IN THE EXPANDED CC CENTRAL COMMERCE OVERLAY
DISTRICT
1. Finance, insurance, real estate and investment office.
2. Medical, dental, osteopathic, chiropractic and optometric offices. The compounding,
dispensing or sale (at retail) of dru s, rescri tion items atent or ro riet medicines
g P P ,P P P �7'
sick room supplies, prosthetic devices or items relating to any of the foregoing when
conducted in the building occupied primarily by medical, dental, asteopathic, chiropractic
or optometric offices.
3. Legal office, engineering and architectural offices, educational and scientific research
offices (excluding laboratory facilities), accounting, auditing and bookkeeping offices,
urban planning agency offices.
4. Beauty and barber services.
5. Funeral and crematory services.
6. Photographic services.
7. Apparel repair, alteration and cleaning pickup stations, shae repair.
8. Advertising offices, provided that the fabrication of signs shall not be a permitted use.
9. Consumer and mercantile credit reporting services office, adjustment and collection
service offices.
10. Duplicating, mailing and stenographic service offices.
11. Employment agency offices.
12. Business and management consultant offices.
13. Detective and protective agency offices.
14. Contractor's offices.
15. Governmental offices.
16. Business association, professional membership organizations, labor unions, civic, social
and fraternal association offices.
17. Financial institutions including, but not limited to, full-service banks and savings and
loan associations.
1 S. Drop-in child care centers licensed by the Minnesota De artment of Public Welfare
P
pursuant to a valid license application, provided that a copy of said license and
application shall be submitted annually to the City.
19. Leasing offices, provided there is no storage or display ofproducts on the use site.
20. Libraries and art galleries.
21. Instructional uses for art, music, photography, decorating, dancing and the like and
studios for like activity.
22. Educational uses ineluding post secondary schools, business schools, trade schools and
the like, but excluding public and private elementary and secondary schools. (K-12).
23. The retail sale of food.
24. Eating establishments, provided they do not offer live entertainment and further
provided that the category does not permit drive-in eating places and convenience-food
restaurants.
25. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical
supplies, and building supplies.
26. The retail sale of tires, batteries and automobile accessories and marine craft
accessories.
27. The retail sales of apparel and related accessories.
28. The retail sale of furniture, home furnishings and related equipment.
29. The retail sale of miscellaneous items such as the following:
a. Drugs and proprietary items
b. Liquors
c. Antiques and secondhand merchandise
d. Books and stationery
e. Garden supplies
f. Jewelry
g. Flowers and floral accessories
h. Cigars and cigarettes
i. Newspapers and magazines
j. Cameras and photographic supplies
k. Gifts, novelties and souvenirs
1. Pets
m. Optical goods
n. Sporting goods and bicycles
30. The following repair/service uses:
a. Electrical repair service shops.
b. Household appliances, electrical supplies, heating and plumbing equipment.
c. Radio and television repair service shops.
d. Watch, clock and jewelry repair service shops.
e. Laundering, dry cleaning and dyeing.
31. Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes,
trailer and truck rental in conjunction with these uses, provided that there is adequate
parking space available for these vehicles.
32. The sale or vending at gasoline service stations of items other than fuels, lubricants or
automotive parts and accessories (and other than the vending of soft drinks, candy,
cigarettes and other incidental items for the convenience of customer s within the
principal building) provided adequate parking is available consistent with the Section
35-704, 2 (b) and 2 (c).
33. Drive-in eating establishments and convenience-food restaurants. (Convenience food
restaurants without drive-up facilities and located within the principal structure of a
shopping center of over 250,000 sq. ft. of gross floor area shall be considered a
permitted use.)
34. Eating establishments offering live entertainment; recreation and amusement places
such as motion picture theaters and legitimate theater; sports arenas, bowling alleys,
skating rinks, and gymnasiums.
35. Transient lodging.
36. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan
studios.
37. Group day care facilities provided developments, in each specific case, are
demonstrated to be:
1. Compatible with existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
2. Complementary to existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
3. Of comparable intensity to permitted C2 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the
capacity of available public facilities and will not have an adverse impact
upon those facilities, the immediate neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day care use.
Furthermore, group day care facilities shall be subject to the special requirements set
forth in Section 35-412.
38. Public parks, playgrounds, athletic fields and other recreation and open space uses.
39. Accessary uses, in�idental to the foregoing principal uses when located on the same
property with the use to which it is accessory. Such accessory uses to include but not be
restricted to the following:
a. Offstreet parking and offstreet loading.
b. Signs as permitted in the Brooklyn Center Sign Ordinance.
c. Outside display and sale of inerchandise provided that an administrative permit is
first obtained pursuant to Section 35-800 of these ordinances.
d. Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory
eating establishrnents, sale and service of office supply equipment, newsstands
and similar accessory retail shops within multistory office buildings over 40,000
sq. ft. in gross floor area, provided: that there is no associated signery visible
from the exterior of the building; there is no carry-out or delivery of food from the
lot; and the total floor area of all such shops within a building shall not exceed
10% of the total gross floor area of the building.
40. Accessory off-site parking not located on the same property with the principal use
subject to the provisions of Section 35-701.
41. Other uses similar in nature to the aforementioned uses, as determined by the City
CounciL
MINUTES OF THE PROCEEDINGS OF THE PLANN:�1G COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY pF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 25, 2004
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem,
and Tim Roche were present. Also present were Secretary to the Planning CommissionlPlanning
and Zoning Specialist Ronald Warren, Community Development Director Brad Hoffinan, and
Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck was absent and
excused.
ADMINISTER OATH OF OFFICE
Mr. Warren administered the Oath of Office to Tim Roche.
APPROVAL OF MINUTES JAN(JARY 15. 2004
There was a motion by Cornmissioner Newman, seconded by Commissioner Erdmann,
to approve the minutes of the January 15, 2004, meeting as submitted. The motion passed.
Commissioner Roche abstained as he was not present at the meeting.
CHAIR' S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 2002-006 STEVE LEWIS (HERTZI
Chair Willson introduced Application No. 2004-006, submitted by Steve Lewis, a request for
special use permit approval to operate an automobile rental and leasing operation with out of
door storage of vehicles at 6201 Brooklyn Boulevard.
Mr. Wanen presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 3-25-04 for Application No. 2004-006,
attached.) The property is zoned C-2 (Commerce) and automobile rental and leasing operations
are listed as special uses in the C-2 zoning district.
Commissioner Newman inquired if the Enterprise Rent A Car service located in the general area
had the saxne requirements for a special use permit and landscape requirements. Mr. Warren
responded that they did go through a similar process several years ago.
3-25-04
Page 1
Commissioner Erdmann asked if curb and gutter would be required along the Brooklyn
Boulevard green strip. Mr. Warren responded that typically the City has not required curb and
gutter improvements for an application such as this one but rather is a requirement as part of a i
development plan or significant modification to the parking lot. i:
Commissioner Rahn inquired if the current landscape requirements had been on the site in the
past. Mr. Warren explained that it is a method cunently used to evaluate landscape requirements
on a site when certain improvements/changes in use are proposed and such requirements were
not enforced at the time the original building was constructed which was about 40 years ago.
PUBLIC HEARING APPLICATION NO. 2004-006
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the
public hearing on Application No. 2004-006, at 8:05 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
Mr. Steve Lewis, Hertz Corporation, asked for questions from the Commissioners. Chair
Willson asked the applicant to explain his landscape plan. Mr. Lewis responded that there was
some confusion on his part with the landscape requirements and he is working with the
landlard/owner of the building to come to an agreement as to who will be responsible for
additional landscaping.
Mr. Steve Lampi, stated that he is the owner of 6201 Brooklyn Boulevard. He added that he has
been making improvements to the property and pointed out existing landscaping and asked for
consideration by the Commission in lowering the requirements for landscaping.
Mr. Warren explained that at the time the application was accepted, the landscape plan was
incomplete, however, he felt that the necessary information would be forthcoming and meet
landscape requirements. He stated that it might be appropriate to waive the percentage of types
of landscaping required but not the number of points required. Also, the applicant would be
given credit for any existing landscaping.
Commissioner Rahn stated that he agrees wholly with the landscape requirements for this site
and nothing less than the recommended 101 points should be accepted.
Commissioner Erdmann suggested modifying some of the allowable percentage of shrubs and
trees which might make it easier to meet the Landscape Point System requirements.
Commissioner Willson stressed the importance of being consistent with all applicants and not
setting a precedent by allowing changes to the Landscape Point System requirements.
Commissioner Rahn stated that a landscape plan should be presented to the Commission for
review before allowing changes to the percentage requirements.
Commissioner Newman inquired about the use and lighting of the canopy. Mr. Lewis stated that
since the canopy is there, they would use the area for parking only.
3-25-04
Page 2
Commissioner Reem asked about signs on the site and also questioned what kind of screening of
the dumpster area had been proposed. Mr. Warren responded that the dumpster screening plan
was omitted from the lan subm'
p itted but should contain an o a ue screenin device of sufficient
Pq g
height to block the view of the trash containers. Mr. Lewis stated there are signs planned and he
will contact city staff for approvals on all signs.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2004-006.
CLOSE PUBLIC HEARING
There was a motion by Cornmissioner Newman, seconded by Commissioner Reem, to close the
public hearing on Application No. 2004-006, at 8:23 p.m. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners. The
Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004-006 STEVE
LEWIS (HERTZI
There was a motion by Commissioner Newman seconded b Commissioner Rahn to
Y
recommend to the City Council that it approve Application No. 2004-006, submitted by Steve
Lewis of Hertz for a Special Use Permit to operate an automobile rental and leasing operation
with out of door storage of vehicles at 6201 Brooklyn Boulevard subject to the following
conditions:
1. The Special Use Permit is granted for an automobile rental and leasing operation
with incidental outdoor storage of vehicles and a washing and vacuuming service
bay only. Any change in the use of the operation not com rehended b this
P Y
application or permitted under the zoning ordinance will require approval of an
amendment to this special use permit.
2. Building plans for tenant remodeling and an overhead doar shall be reviewed and
approval by the Building Official prior to the issuance of building permits.
3. There shall be no service, repair or maintenance of leased of stored vehicles on
the site other than the washing and vacuuming of vehicles comprehended under
the approval of this Special Use Permit.
4. No banners, pennants, streamers, balloons or other attention attracting devices
may be used in conjunction with the storage and display of vehicles on this site
other tha
n that which is authonzed under admirustrative permits.
5. The site shall be provided with 101 landscape points consistent with the city's
Landscape Point System. A landscape plan indicating such compliance shall be
submitted prior to the issuance of the Special Use Permit for this auto rental and
leasing operation.
3-25-04
Page 3
6. All outside trash facilities shall be completely screened from view using
appropriate opaque materials. An a p pro priate plan shall be submitted prior to the
issuance of the Special Use Permit for this auto rental and leasing operation.
7. A site performance agreement and a supporting financial guarantee (based on cost
estimates) shall be submitted prior to the issuance of the Special Use Permit to
assure the completion of the required site improvements.
8. The Special Use Permit is subj ect to all applicable codes, ordinances and
regulations. Any violation thereof may be grounds for revocation.
Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Rahn, Reem and
Roche. The motion passed unanimously.
The Council will consider the application at its April 12, 2004 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
STUDY ITEM: MORATORIUM ON CHURCHES AND RELIGIOUS USES IN
COMMERCIAL AND INDUSTRIAL ZONES
Mr. Warren described the area where a moratorium on church and religious uses has been
established. Following adoption of an ordinance by the City Council, this matter is nowbeing
referred to the Planning Commission for study and recommendations. Mr. Warren further
explained the newly established Central Commerce Overlay District and pointed out the
limitations on uses in this area.
The moratorium is set to expire in June 2004. The expectation is to expand the central
commerce overlay district to include all of the uses that could be comprehended in the expanded
commercial area. The identified area would be excluded from church and religious uses.
Brad Hoffinan, Community Development Director, explained that the Metropolitan Council has
defined this area as part of the Opportunity Site/Livable Communities Site and involves the
"shifting" of retail to the south of the Opportunity Site and reserving the north side of the site as
more of a town center concept with a mix of housing and retail. He explained that this
moratorium and study came about after several inquiries from church/religious groups regarding
purchasing core retail buildings in this area and developing them for church uses, which could
have a profound impact upon the City's ability to redevelop this area.
A discu
ssion followed re ardin the affected area n
g g a d the Commissioners voiced their opmions
on the moratorium and proposed zoning change as well as the lack of mixed housing as an
allowable use in this area.
Mr. Warren explained the Planning Commission's role in establishing a draft ordinance
amendment regarding allowable uses in the CC Central Commerce Overlay District.
3-25-04
Page 4
Commissioner Newman suggested simplifying the zoning of this area by eliminating an
underlying zoning designation within the CC Central Commerce District and creating a new
zorung designation for this area.
Mr. Warren commented that this entire area would have the same zoning designation of CC
Central Commerce District.
Chair Willson recommended adoption of the ordinance with the addition of transportation
centers as an allowable use.
ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 35
REGARDING ALLOWABLE USES IN THE CC CENTRAL COMMERCE DISTRICT
There was a motion by Commissioner Erdmann, seconded by Commissioner Roche, to
recommend approval of an Ordinance Amending Chapter 35 Regarding Allowable Uses in the
CC Central Commerce District to include modifications discussed. The motion passed
unanimously.
Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, Reem, and
Roche.
OTHER BUSINESS
Mr. Warren explained that the application submitted by the Osseo School District is still on hold.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjoum
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
10:00 p.m.
G��.���� i
Chair
Recarded and transcribed by:
Rebecca Crass
3-25-04
Page 5
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City Council Agenda Item No. l0f
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE SALE OF CERTAIN LAND IN
THE CITY
WHEREAS, the City is the owner of certain real properties in the City of
Brooklyn Center, consisting of excess highway right of way adjacent to Interstate
Highway No. I-94 from the south city limits to Interstate Highway No. I-694, and legally
described in the attached Exhibit A(the "Subject Properties"); and
WHEREAS, the City Council has determined that it is in the best interest
of the City to sell the Subject Properties to the owners of adjacent properties for
combination with the adjacent properties, on the terms and conditions of a Purchase
Agreement, a copy of which is on file with the City Clerk (hereinafter the "Purchase
Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BROOKLYN CENTER as follows:
L The Mayor and City Manager are authorized and directed to
execute the Purchase Agreement with respect to any one or more
of the Subject Properties and take all steps necessary to effect the
terms thereof including the conveyance of one or mare of the
Subject Properties upon satisfaction by buyer of all terms of the
Purchase Agreement.
2. The sale prices of the Subject Properties are set forth in the
attached Exhibit B. It is expected that the sales of the Subject
Properties may occur over a period of several years. The City
Manager is authorized to annually re-establish the sale prices for
the Subject Properties, using the same criteria that were used to
establish the sale prices set forth Exhibit B.
3. The City Council hereby determines that the proposed disposal of
the Subject Properties has no relationship to the comprehensive
municipal plan.
4. This Resolution shall be effective thirty days after the publication
of Ordinance No. 2004-
RESOLUTION NO.
Mav 10, 2004
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.
ti i
EXHIBIT A
CITY OF BROOKLYN CENTER
PARCEL P-44
All of Tract A described below:
Tract A. That part of L,ot 33, GARCELON'S ADDITION TO MINNEAPOLIS, according to
the plat thereof on file and of record in the office of the Counry Recorder in and for
Hennepin Counry, Minnesota, which lies between the westerly extension of the north
and south lines of Lot 20, said Garcelon's Addition and easterly of the easterly
boundary of Nlinnesota Department of Transportation Monumentation Plat No. 27-
M13 as said plat is on file in the office of said county recorder;
together with that part of Tract B described below:
Tract B. Lot 20, GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat
thereof on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota;
which lies westerly of Line 1 described below:
Line l. Be�inning at [he point of intecsection of the south line of Lot 19, said GARCELON'S
ADDITION TO MINNEAPOLIS wich a line cun parallel with and distant 168 feet
northeasteriy of Line 2 described below; thence run northwesterly to the northwest
corner of the east 15 feet of Lot 38 said GARCELON'S ADDITION TO
MINNEAPOLIS and there terminating;
Line 2. Beginning at a point on the south line of Section l, Township 118 North, Range 21
West, distant 995.87 feet east of the south quaner corner thereof; thence run
northwes[erly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1900 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easement retained by
the State as shown on said Plat 27-M 13.
CITY OF BROOKLYN CENTER
PARCEL P-54B
All of Tract A described below:
Tract A. That part of the east 82.5 feet of Lot 48, GARCELON'S ADDITION TO
MINNEAPOLIS, according to the plat thereof on file and of record in the office of
the County Recorder in and for Hennepin County, Minnesota, lying westerly of the
westerly boundary of Minnesota Department of Transportation Monumentation Plat
No. 27-M13 as said plat is on file in the office of said county recorder;
Subject to the following restrictions:
No access shall be permatted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easement retained by
the State of Minnesota as shown on said Plat No. 27-M13.
CITY OF BROOKLYN CENTER
PARCELS P-58 P59
That part of Tract A described below:
Tract A. That part of Lot 1, Block 1, BELLVUE ACRES, according to the plat thereof on file
and of record in the office of the County Recorder in and for Hennepin County,
Minnesota, lying easterly of the easterly boundary of Minnesota Department of
Transportation Monumentation Plat No. 27-M13 as said plat is on file in the offce of
said county recorder;
which lies southerly and westerly of Line 1 described below:
Line 1. Beginning at boundary corner M12 as shown on said monumentation plat; thence run
east parallel with the south ]ine of SSth Avenue North in Brooklyn Center to an
intersection with a line run parallel with and distant 168 feet northeasterly of Line 2
described below; thence run southeasterly on said 168 foot parallel line to its
intersection with the south line of said Lot 1 and there terminating;
Line 2. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1400 feet and there terminating;
Sub'ect to the followin restrictions:
J g
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnesota as shown on said Plat No. 27-M13.
CITY OF BROOKLYN CENTER
PARCEL P-61
That part of Tract A described below:
Tract A. The north 100 feet, front and rear, of Lot 3, Block l, BELLVUE ACRES, according
to the plat thereof on file and of record in the office of the County Recorder in and
for Hennepin County, Minnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13 as said plat is on file in the office of said county recorder, and
westerly of a line run parallel with and distant 168 feet northwesterly of Line 1 described below:
Line l. Beginning at a point on the south line of Section l, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1200 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the wall maintenance and eonstruction
easement retained by the State of Minnesota as shown on said Plat No. 27-M13.
CITY OF BROOKLYN CENTER
PARCEL P-63
That part of Tract A described below:
Tract A. The north half of Lot 5, Block 1, BELLVUE ACRES, according to the plat thereof
on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13, �s said plat is on file in the office of said �ounty recorder, and
westerly of Line 1 described below:
Line L Beginning at the point of intersection of the north line of said Lot 5 with a line run
parallel with and distant 168 feet northeasterly of Line 2 described below; thence run
southeasterly to a point on a line run parallel with and distant 78 feet south of the
north line of Lot 6, said Block 1, distant 170 feet westerly (measured along said
parallel line) of the easterly line of said Lot 6 and there terminating;
Line 2. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from north to west) for 800 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
CITY OF BROOKLYN CENTER
PARCEL P-238
That part of Tract A described below:
Tract A. Lots 23 and 24, GARCELON'S ADDITION TO MINNEAPOLIS, according to the
plat thereof on file and of record in the office of the County Recorder in and for
Hennepin County, Minnesota; excepting therefrom the south b0 feet of said Lot 23
(measured at right angles to the south line of said Lot 23); also excepting therefrom
that part of said Lot 24 described as follows: Beginning at the northwest corner of
said Lot 24; thence south along the west line thereof 65 feet; thence east parallel with
the north line of said Lot 24 to the east line thereof; thence northerly along said east
line to the northeast corner of said Lot 24; thence west along the north line of said
Lot 24 to the point of beginning;
which lies westerly of Line 1 described below and easterly of the easterly boundary of Minnesota
Department of Transportation Monumentation Plat No. 27-M12 as said plat is on file in the office
of said counry recorder;
Line 1. Beginning at a point on the north line of Lot 26, said GARCELON'S ADDITION,
distant 50 feet west of the northeast corner thereof; thence run southerly to the point
of intersection of a line run parallel with and distant 168 feet easterly of Line 2
described below with a line run parallel with and distant 2 feet southerly of the north
line of Lot 22, said GARCELON'S ADDITION and there terminating;
Line 2. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south
section line (measured from west to north) for 1944.47 feet; thence deflect to the right
02 degree 00 minute 00 second curve (delta angle 25 degrees 00 minutes 20 seconds)
for 1253.62 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein described.
CITY OF BROOKLYN CENTER
PARCEL P-239
That part of Tract A described below:
Tract A. The south 60 feet of Lot 23, as measured at right angles to the south line of said I,ot
and the north 2 feet of Lot 2, both in GARCELON'S ADDITION TO
MINNEAPOLIS, according to the plat thereof on file and of record in the office of
the County Recorder in and for Hennepin County, Minnesota;
which lies westerly of Line 1 described below and easterly of the easterly boundary of Minnesota
Department of Transportation Monumentation Plat No. 27-M12 as said plat is on file in the office
of said county recorder:
Line l. Beginning at a point on the north line of Lot 26, said GARCELON'S ADDITION,
distant 50 feet west of the northeast corner thereof; thence run southerly to the point
of intersection of the sauth line of Tract A herein before described with a line run
parallel with and distant 168 feet easterly of Line 2 described below;
Line 2. Beginning at a point on the south line of Section l, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south
section line (measured from west to north) for 1944.47 feet; thence deflect to the right
02 degree 00 minute OO second curve (delta angle 25 degrees 04 minutes 20 seconds)
for 1253.62 feet and there terminating;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
CITY OF BROOKLYN CENTER
PARCEL P-241A
That part of Tract A described below:
Tract A. The east half of Lot 28, GARCELON'S ADDITION TO MINNEAPOLIS, according
to the plat thereof on file and of record in the office of the County Recorder in and
for Hennepin County, Minnesota; excepting therefrom the south 225 feet thereof;
which lies southerly of Line 1 described below and westerly of the westerly boundary of
Minnesota Department of Transportation Monumentation Plat No. 27-M12 as said plat is on file
in the office of said county recorder;
Line 1. Beginning at Right of Way Boundary Corner M20A as shown on said plat; thence run
northwesterly to the northwest corner of said Lot 28 and there terminating;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
�i--
CITY OF BROOKLYN CENTER
PARCEL P-248 TB
That part of the following described tracts:
Parcel l: Lot 1, Block 2, Merry View Addition, according to the
plat thereof on file and of record in the office of the
County Recorder in and for Hennepin County, Minnesota;
Parcel 2: That part of Lot 2, Block 2, Merry View Addition lying
Easterly of a line drawn from the Northwesterly corner of
said Lot 2 to the Southeasterly corner of said Lot 2;
which lie Westerly of the Westerl�r right-of-way line of Minnesota
Department of Transportation Monumentation Plat No. 27-M11.
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 94 from the lands
herein conveyed.
ROCALC43792
BR291-106
CITY OF BROOKLYN CENTER
PARCEL P-251 A
All of Tract A described below:
Tract A. That part of the North Half of Lot 39, GARCELON'S ADDITION TO
MINNEAPOLIS, according to the plat thereof on file and of record in the office of
the County Recorder in and for Hennepin County, Minnesota, which lies easterly of a
line run parallel with and distant 230 feet easterly of the north and south quarter line
of Section l, Township 118 Nor[h, Range 21 West, and westerly of the westerly
boundary of Minnesota Department of Transportation Monumentation Plat No. 27-
M13 as said plat is on file in the office of said county recorder; excepting therefrom
the north 50 feet thereof (measured parallel with the north line of said Lot 39);
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the 10 foot wall maintenance and construction
easement retained by the State of Minnesota as shown on said Plat 27-M13;
The lands herein conveyed are conveyed to the drainage and utility easement retained by the State
of Minnesota as shown on said Plat No. 27-M13.
EXHIBIT A
CIT'Y OF BROOKLYN CENTER
PARCEL P-48
All of Tract A described below:
Tract A. That part of the west 13Q feet of Lot 16, GARCELON'S ADDITION 7'O
MiNNEAPOLIS, according to the plat chereof on file and of record in the office of
G the County Recorder in and for Hennepin County, Minnesota, lying easterly of �he
easterly boundary of Minnesoca Department of Transportation Monumentation Plac
No. 27-M 13 as said plat is on file in the office of said counry recorder;
Subject to the following restrictions;
No access shall be permitted to Trunk Highway No. 94 from the lands herein conve ed.
i y
J
i
i
EXHIBIT A
CITY OF BROOKLYN CENTER
PARCEL P-241D
All of Tract A described below:
Tract A. The south 75 feet of that part of the east half of I.ot 28, GARCELON'S ADDITION
TO MINNEAPOLIS, according to the plat thereof on file and of record in the office
of the County Recorder in and for Hennepin County, Minnesota, lying westerly of the
westerly boundary of Minnesota Department of Transportation Monumentation Plat
No. 27-M 12 as said plat is on file in the office of said county recorder;
Subjeci to the following restrictions:
T i
r,o ..,,,.c,ss shaL be ermitted t""
p o 1 runk Highway No. y4 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnesota as shown on said Plat 27-M12.
I
CITY OF BROOKLYN CENTER
PART OF PARCEL P-44 A{TORRENS)
That part of the following described tract:
Lot 21 and the north 100.03 feet of the east 15 feet of Lot 38, GARCELON'S
ADDITION T� MINNEAPOLIS, according to the plat thereof on file and of
record in the office of the County Recorder in and for Hennepin County,
Minnesota;
which lies southerly of a line run parallel with and distant 40 feet southerly of the
north line of said Lot 38 and westerly of the following described line:
From a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof, run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from saici souin
section line (measured from west to north) for 1484.42 feet; thence deflect to
the right at an angle of 90 degrees 00 minutes 00 seconds for 168 feet; thence
deflect to the left at an angle of 90 degrees 00 minutes 00 seconds and run
northwesterly to an intersection with the south line of Lot 19, said
GARCELON'S ADDITION, which is the point of beginning of the line to be
described; thence run northwesterly to the northwest corner of the east 15
feet of Lot 38 said GARCELON'S ADDITION and there terminating;
the title thereto being registered as evidenced by Certificate of Title No. 481759;
Subject to the following restrictions
No access shall be permitted to Trunk Highway No. 94 from the lands herein
conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easement
retained by the State of Minnesota as shown on Minnesota Department of
Transportation Monumentation Plat No. 27-M13.
CAH49007
HR291-106
CITY OF BROOKLYN CENTER
PARGEL P-248 TC
That part of the following described Tract:
That part of Government Lot 4, Section 36, Township 119 e�� a a point on the center
Hennepin County, Minnesota described as follows: Comm g
line of River Road, 32 rods north of the south 1 ��lel s w th the south line of said�Lot 4 a
along the center lme o f s a i d r o a d; t h e n c e w e s t p
distance of 262 feet; thence southerly paralle�l l �e of Lot 4 a d stance of fee t a to the
of 2 1 1. 3 fee t; t h e n c e e a s t p a r a l l e l w i t h t h e s
point of beginning.
which lies westerly of the westerly right of way line of Minnesota Department of Transportation
Monumentation Plat No. 27-M11;
Subject to the following restrictions:
ccess shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
No a
The lands herein conveyed are subject to the 10 foot Pla I Noa 27 M� and construction easement
retained by the State of Minnesota as shown on said
R
I
I I r�,
1�
CITY OF BROOKLYN CENTER
PARCEL P-235
All of Tract A described below:
Tract A. That part of L,ot 31, GOULD'S RIVERVIEW ADDITION, according to the plat
thereof on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota, lying between the easterly extension of the north and south lines
of Lot 2, Block 1, and westerly of the wes[erly boundary of Minnesota Department of
Transportation Monumentacion Plat No. 27-M12 as said plat is on file in the office of
said county recorder;
together with that part of Tract B described below:
Traci B. Lot 2, Block 1, BEFFA'S ADDITION, according to the plat thereof on file and of
record in the office of the County Recorder in and for Hennepin County, Minnesota;
which lies easterly of Line 1 described below:
Line 1. Beginning at a point on Line 2 described below, distant 25 feet northeasterly of its
point of termination; thence run northerly to the southwest corner of the north 223
feet of the east 75 feet of Lot 8, said GOULD'S RIVERVIEW ADDITION and there
terminating;
Line 2. Beginning at the northeast corner of Lot 13, Lyndale Riverside Acres; thence run
southwesterly to a point on the south line of Lot 31, said GOULD'S RIVERVIEW F
ADDITION, distant 40 feet east of the southwest corner of said Lot 31 and there
terminatin�;
Subject to the following restrictions:
No 3C�ess s!:a�l �e pe; mit:ed to runk Highway No. 9+ from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnescta as s�awn on sa;d Plat No. 27-;vi12,
CITY OF BROOKLYN CENTER
PARCEL P-234
That part of Tract A described below:
Tract A. That part of Lot 8, except the north 223 feet thereof, GOULD'S RIVERVIEW
ADDITION, according to the plat thereof on file and of record in the office of the
Counry Recorder in and for Hennepin County, Minnesota, lying westerly of the
westerly boundary of Minnesota Department of Transportation Monumentation Plat
No. 27-M12 as said plat is on file in the office of said county recorder:
which lies easterly of Line 1 described below:
Line 1. Beginning at a point on Line 2 described below, distant 25 feet northeasterly of its
point of termination; thence run northerly to the southwest corner of the north 223
feet of the east 75 feet af said Lot 8 and there terminating;
Line 2. Beginning at the northeast corner of Lot 13, Lyndale Riverside Acres; thence run
southwesterly to a point on the south line of Lot 31, GOULD'S RIVERVIEW
ADDITION, distant 40 feet east of the southwest corner of said I.ot 31 and there
terminating;
Subj�ct to the following restrictions:
No aceess shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnesota as shown on said Plat No. 27-M12.
,_XNI��r1
CITY OF BROOKLYN CENTER
PARCEL P-52A
All of Tract A described below:
Tract A. That part of the North Half of the South Half of the East Half of Lot 39,
GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat thereof on file
and of record in the office of the County Recorder in and for Hennepin County,
Minnesota, lying westerly of the westerly boundary of Minnesota Department of
Transportation Monumentation Plat No. 27-M13 as said plat is on file in the office of
said county recorder;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easement retained by
the State of Minnesota as shown on said Plat No. 27-M13.
CITY OF BROOKLYN CENTER
PARCELS P-228 233
That part of Tract A described below:
Tract A. Lots 1, 2 and the east 75 feet of Lot 8 GOULD'S RIVERVIEW ADDITION
according to the plat thereof on file and of record in the office of the County
Recorder in and for Hennepin County, Minnesota; excepting therefrom the north 223
feet of the east 75 feet of said Lot 8;
which lies easterly of Line 1 described below and westerly of the westerly boundary of
Minnesota Department of Transportation Monumentation Plat No. 27-M12 as said plat is on file
in the office of said county recorder.
i.;,-,e 1. beginning at ihe northeast corner of said I.ot 8; thence run south on the east line of
said Lot 8, to its intersection with Line 2 described below; thence run southwesterly
along said Line 2 to a point thereon distant lOQ feet northerly of its intersection with
the south line of the north 223 feet of said Lot 8; thence run southwesterly to a point
on the west line of the east 75 feet of said Lot 8 distant 35 feet north of the south
line of the north 223 feet of said Lot 8; thence run south on said west line for 35 feet
and there terminating;
Line 2. Beginning at the northeast corner of Lot 13, Lyndale Riverside Acres; thence run
southwesterly to a point on the south line of Lot 31, GOULD'S RIVERVIEW
ADDITION, distant 40 feet east of the southwest corner thereof �and there
terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein �anveyed a.re con�e; ed su�ject :o ihe dr4irage a�►d utif;ry Gasemenis retained by
the State of Minnesota as shown on said Plat No. 27-M12.
I
,i
CITY OF BROOKLYN CENTER
PARCEL P-241C
All of Tract A described below:
Tract A. The north 75 feet of the south 150 feet of that part of the east hatf of L,ot 28,
GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat thereof on file
and of record in the office of the County Recorder in and for Hennepin County,
Minnesota, lying westerly of the westerly boundary of Minnesota Department of
Transportation Monumentation Plat No. 27-M12 as said plat is on file in the office of
said county recorder;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
I
i
II �'�s�+'"�i�'_
I
i I I I I
I�
CITY OF BROOKLYN CENTER
PARCEL P-235A
All of Tract A described below:
Tract A. That part of L.ot 31, GOULD'S RIVERVIEW ADDITION and of Lot 1, Block 1,
BEFFA'S ADDITION, according to the plats thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota, described as
follows: Beginning at the point of intersection of the westerly boundary of Minnesota
Departrnent of Transportation Monumentation Plat No. 27-M12 as said plat is on file
in the office of said county recorder, with the easterly extension of the south line of
said Lot 1; thence run west on said easterly extension and on said south line to its
intersection with Line 1 described below; thence run northerly along said Line 1 to its
intersec[ion with the northerly line of said Lot 1; thence run southeasterly on said
northerly line and on its southeasterly extension to an intersection with [he wesierly
boundary of said Plat 27-M12; thence run south on said westerly boundary to the
point of beginning;
Line 1. Beginning at a point on Line 2 described below, distant 25 feet northeasterly of its
point of termination; thence run northeriy to the southwest corner of the north 223
feet of the east 75 feet of L.ot 8, said GOULD'S RIVERVIEW ADDITION and there
terminating;
Line 2. Beginning at the northeast corner of Lot 13, Lyndale Riverside Acres; thenee run
sou[hwestedy to a point on the south line of Lot 31, GOULD'S RIVERVIEW
ADDITION, distant 40 feet east of the southwest corner of said Lot 31 and there
terminating;
Subject to the foilowing restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed suoject to the drainage and utility easements retained 'oy
the State of Minnesota as shown on said Plat No. 27-M12.
r
CITY OF BROOKLYN CENTER
PARCEL P-47
That part of Tract A described below:
Tract A. That part of L.ot 17, GARCELON'S ADDITION TO MINNEAPOLIS, according to
the plat thereof on file and of record in the office of the Counry Recorder in and for
Hennepin County, Minnesota, lying easterly of the easterly boundary of Minnesota
Department of Transportation Monumentation Plat No. 27-M13 as said plat is on fite
in the office of said counry recorder;
which lies westerly of a line run parallel with and distant 168 feet northeasterly of Line 1
described below:
Line 1, Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1800 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
C1TY OF BROOKLYN CENTER
PARCEL P-66
That part of Tract A described below:
Tract A. The north ?7 feet, front and rear, of Loc 7 and that part of Lot 6, lying south of the
north 78 feet of said Lot 6, all in Block 1, BELLVUE ACRES, according to the plat
thereof on file and of record in the oftice of the Counry R2corder in and for Hennepin
Counry, ,tirlinnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M 13, as said plat is on file in the office of said counry recorder, and
westerly of Line 1 described below:
Line 1. Beginning at a point on the north line Tract A hereinbefore described, discant 170 feet
wese of che northeast corner thereof; thence run southeasterly to a point on the souch
line of Lo[ 9, said Block l, distan� 125 feet west of the southeast corner thereof and
there terminating;
Subj�ct to the following restriccions:
No access shali be permitted to Trunk Highway No. 9� from the lands herein conveyed;
CITY OF BROOKLYN CENTER
PARCEL P-242
That part of Tract A described below:
Tract A. Lot 37, GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat
thereof on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota;
which lies easterly of a line run parallel with and distant 140 feet easterly of the easterly line of
Camden Avenue and westerly of the westerly boundary of Minnesota Department of
Transportation Monumentation Plat No. 27-M12 as said plat is on file in the office of said county
recorder;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnesota as shown on said Plat No. 27-M12.
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CITY OF BROOKLYN CENTER
PARCEL P-46
That part of Tract A described below:
Tract A. That part of L.at 18, GARCELON'S ADDITION TO MINNEAPOLIS, according to
the piai thereof on file and of record in the office of the County Recorder in and for
Hennepin Counry, Minnesota, lying easterly of the easterly boundary of Minnesota
Department of Transportation Monumentation Plat No. 27-M13 as said plat is on file
in the office of said county recorder;
which lies westerly of a line run parallel with and distant 168 feet northeasterly of Line 1
des�: ibe� ��lcv�:
Line 1. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1800 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
i'� v�.
CITY OF BROOKLYN CENTER
PARCEL P-243A
That part of Tract A described below:
Tract A. The north 80 feet of the south 200 feet of Lot 37, GARCELON'S ADDITION TO
MINNEAPOLIS, according to the plat thereof on file and of record in the office of
the County Recorder in and for Hennepin County, Minnesota;
which lies easterly of a line run parallel with and distant 140 feet easterly of the easterly line of
Camden Avenue and westeriy of the westerly boundary of Minnesota Department of
Transportation Monumentation Plat No. 27-M12 as said plat is on file in the office of said county
:eco*der;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnesota as shown on said Plat 27-M12.
CIT'Y OF BROOKLYN CENTER
PARCEL P-251B
All of Tract A described below:
Tract A. That part of the South Half of the South Half of the East Half of Lot 39,
GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat thereof on file
and of record in the office of the Counry Recorder in and for Hennepin County,
Minnesota, lying westerly of the westerly boundary of Minnesota Department of
Transportation Monumentation Plat No. 27-M13 as said plat is on fite in the office of
said counry recorder;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easement retained by
the State of Minnesota as shown on said Plat No. 27-M13.
CITY OF BROOKLYN CENTER
PARCEL P-243
That part of Tract A described below:
Tract A. 'Chat part of the south 120 feet of Lot 37, GARCELON'S ADDITION TO
MINNEAPOLIS, according to the plat thereof on file and of record in the office of
the County Recorder in and for Hennepin County, Minnesota, lying westerly of the
westerly boundary of Minnesota Department of Transportation Monumentation Plat
No. 27-M12 as said plat is on file in the office of said county recorder;
which lies easterly of Line 1 described below:
Line 1. Beginning at the point of intersection of the north (ine of Tract A herein before
described with a line run pazallel with and distant 140 feet easterly of the easterly line
of Camden Avenue; thence run southerly on said 140 foot parallel line for 30 feet;
thence run southeasterly to a point on the south line of said Tract A, distant 180 feet
easterly of its intersection with the easterly line of said Camden Avenue and there
terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conve ed are conve ed sub'ect to the draina e and utili easements retained b
Y Y J g tY Y
the State of Minnesota as shown on said Plat 27-M12.
i CITY OF BROOKLYI�t CENTER
PARCEL P-45
All of Tract A described below:
Tract A. That part of Lot 38, GARCELON'S ADDITION TO MINNEAPOLIS, according to
the plat thereof on file and of record in the office of the County Recorder in and for
Hennepin County, Minnesota, which lies southerly of the westerly extension of the
north line of Lot 16, said GARCELON'S ADDITION TO MINNEAPOLIS and
easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13 as said Plat is on file in the office said county
recorder;
together with that part of Tract B described below:
Tract B. I.ot 19, GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat
thereof on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota;
which lies westerly of Line 1 described below:
Line 1. Beginning at the poini of intersection of the south line of said Lot 19 with a line run
parallel with and distant 168 feet northeasterly of Line 2 described below; thence run
northwesterly to the northwest corner of the east 15 feet of I.ot 38 said
GARCELON'S ADDITION TO MINNEAPOLIS and there terminating;
Line 2. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1900 feet and there terminating;
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PARCEL P-35
All of Tract A described below:
Tract A. That parc of Lot 31, GOULD'S RIVERVIEW ADDITION and of Lot 3, Block 1,
BEFFA'S ADDITION, according to the plats thereof on file and of record in the
office of the Counry Recorder in and for Hennepin County, Minnesota, described as
follows: Beginning at Right of Way Boundary Corner M23B as shown on Minnesota
Department of Transportation Monumentation Plat No. 27-M12 as said plat is on file
in the office of said county recorder; thence run westerly to the point of beginning of
Line 1 described below: thence run northerly along said Line 1 to its intersection with
the north line of said Lot 3; thence run east on said north line and its easterly
extension to an intersection with the westerly boundary of said Plat 27-M12; thence
run south along said westerly boundary to the point of beginning;
Line 1. Beginning at a point on Line 2 described below, distant 25 feet northeasterly of its
point of termination; thence run northerly to the southwest corner of the north 223
feet of the east 75 feet of Lot 8, said GOULD'S RIVERVIEW ADDITION and there
terminating;
Line 2. Beginning at the northeast corner of Lot 13, Lyndale Riverside Acres; thence run
southwesterly to a point on the south line of Lot 31, GOULD'S RIVERVIEW
ADDITION, distant 40 feet east of the southwest corner of said Lot 31 and there
terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easements retained by
the State of Minnesota as shown on said Plat No. 27-M12.
EXHIBIT A
CITY OF BROOKLYN CENTER
PARCEL P-241B
All of Tract A described below:
Tract A. The north 75 feet of the south 225 feet of that part of the east half of Lot 28,
GARCELON'S ADDITION TO MINNEAPOLIS, according to the plat thereof on file
and of record in the office of the County Recorder in and for Hennepin County,
Minnesota, lying westerly of the westerly boundary of Minnesota Depactment of
Transportation Monumentation Plat No. 27-M12 as said plat is on file and of record
in the office of said county recorder;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
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EXHIBIT A
CITY OF BROOKLYN CENTER
PARCEL P-65
That part of Tract A described below:
Tract A. The north 78 feet, front and rear, of Lot 6, Block l, BELLVUE ACRES, according
to the plat thereof on file and of record in che office of the County Recorder in and
for Hennepin Counry, Minnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13, as said plat is on file in the office of said county recorder, and
westerly of Line 1 described below:
Line 1. Beginning at the point of intersection of the north line of Lot 5, said Block 1, with a
line run parallel with and distant 168 feet northeasterly of Line 2 described below;
thence run southeasterly to a point on the south line of Tract A hereinbefore
described, distant 170 feet east of the southwest corner of said Tract A and there
terminating;
Line 2. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 800 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
CITY OF BROOKLYN CENTER
PARCEL P-64
That part of Tract A described below:
Traci A. 1fie south half of Lot 5, Block 1, BELLVUE ACRES, according to the plat thereof
on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13, as said plat is on file in the office of said county recorder, and
westerly of Line 1 described below:
Line 1. Beginning at the point of intersection of the north line of said I,ot 5 with a line run
parallel with and distant 168 feet northeasterly of Line 2 described below; thence run
southeaster ly to a point on a line run parallel with and distant 78 feet south of the
north line of Lot 6, said Block 1, distant 170 feet westerly (measured along said
parallel line) of the easterly line of said Lot 6 and there terminating;
Line 2. Beginning at a point on the south line of Section l �co ner thereof8thence�runge 21
West, distant 995.87 feet east of the south quarter
northwesterly at an angle of 75 degrees 26 minute a�e eC�erdmina� ng�aid south section
l�ne (measured from west to north) for 800 feet an
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
CITY OF BROOKLYN CENTER
PARCEL P-62
That part of Tract A described below:
Tract A. Lots 3 and 4, Block 1, BELLVUE ACRES, according to the plat thereof on file and
of record in the office of the County Recorder in and for Hennepin County,
Minnesota, excepting therefrom the northerly 100 feet, front and rear, of said Lot 3;
which lies easterly of the easterly b�undary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13 as said plat is on file in the office of said county recorder, and
westerly of a line run parallel with and distant 168 feet northeasterly of Line 1 described below:
Line l. Beginning at a point on the south line of Section l, Township 118 North, Range 21
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1200 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conve e
y d are conveyed subject to the wall maintenance and construction
easement retained by the State of Minnesota as shown on said Plat No. 27-M13;
T'he lands herein conveyed are conveyed subject to the drainage and utility easement retained by
the State of Minnesota as shown on said Plat Nol 27-M13.
CITY OF BROOKLYN CENTER
PARCEL P-60A
That part of Tract A described below:
Tract A. The south 62 feet, front and rear, of I.ot 2, Block 1, BELLVUE ACRES, according
to the plat thereof on file and of record in the office of the County Recorder in and
for Hennepin County, Minnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Piat No. 27-M13 as said plat is on file in the office of said county recorder, and
westerly of a line run parallel with and distant 168 feet northeasterly of Line 1 described below:
Line l. Beginning at a on the seuth line of Section 1, T�wnshi� 118 North, Ranne 21
Y J
West, distant 995.87 feet east of the south quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1200 feet and there terminating;
Subject to the following restrictions:
No access shall be ermitted to Trunk Hi hwa No. 94 from the lands herein conve ed•
P g Y Y
The lands herein conveyed are conveyed subject to the wall maintenance and construction
easement retained by the State of Minnesota as shown on said Plat No. 27-M13.
t�
CITY OF BROOKLYN CENTER
PARCEL P-60
That par[ of Tract A described below:
Tract A. That part of Lot 2, Block 1, BELLWE ACRES, lying north of the southerly 62 feet,
front and rear, of said Lot, according to the plat thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota;
which lies easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M13 as said plat is on file in the offiee of said county recorder, and
westerly of a line run parallel with and distant 168 feet northeasterly of Line 1 described below:
Line l. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West distant GyJ.87 ieet east of the south quarter corner tilereoi ti�ence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1200 feet and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed;
The lands herein conveyed are conveyed subject to the drainage and utility easement retained by
the State of Minnesota as shown on said Plat 27-M13.
The lands herein conveyed are conveyed subject to the wall maintenance and construction
easement retained by the State of Minnesota as shown on said Plat No. 27-M13.
CITY OF BROOKLYN CENTER
PARCEL P-40
That part of Tract A described below:
Tract A. Lot 22, except the north 2 feet thereof, GARCELON'S ADDITION TO
MINNEAPOLIS, according to the plat thereof on file and of record in the office of
the Counry Recorder in and for Hennepin County, Minnesota;
which lies westerly of a line run parallel with and distant 168 feet easterly of Line 1 described
below and easterly of the easterly boundary of Minnesota Department of Transportation
Monumentation Plat No. 27-M12 as said plat is on file in� the office of said county recorder;
Line 1. Beginning at a point on the south line of Section 1, Township 118 North, Range 21
West, distant 995.87 feet east of the s�uth quarter corner thereof; thence run
northwesterly at an angle of 75 degrees 26 minutes 25 seconds from said south section
line (measured from west to north) for 1944.47 feet; thence deflect to the right on a
02 degree 00 minute 00 second curve (delta angle 25 degrees 04 minutes 20 seconds)
for 1253.62 feet and there terminatin
g,
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 94 from the lands herein conveyed.
EXHIBIT B
Approved Sale Prices
Parcel Na Sale Price Date of Price*
P-47 $1,011.80 1992
P-234 $590.00 1992
P-23 5A $140.00 1993
P-46 $899.20 1992
P-52A $1,181.00 1992
P-241 C $364.60 1992
P-248TC $1,991.40 1993
P-44A $1,012.40 1993
P-241D $414.20 1993
I p-4g $1,517 1993
P-66 $65.60 1993
P-233/228 $826.90 1993
P-251B $1,286.80 1993
P-243 (Schwartz) $905.00 1994
I P-242 $536.80 1994
P-45 $1,047.40 1993
P-235 I $250.40 1993
P-35 I $139.40 1994
P-60 $963.00 1994
i 243A i $514.40 1992
P-60A To Be Determined 2004
P-63 To Be Determined 2004
P-65 To Be Determined 2004
P-61 To Be Determined 2004
I P-62 To Be Determined 2004
I P-44 I To Be Determined 2004
I P-44 To Be Determined 2004
P-241B I To Be Determined 2004
p-64 I To Be Determined 2004
P-58/59 To Be Determined 2004
P-251A To Be Determined 2004
P-54B To Be Determined 2004
P-238 To Be Determined 2004
P-239 To Be Determined 2004
P-241A To Be Determined 2004
P-248TB To Be Determined 2004
If the date shown is prior to 2004, the sale was completed by the City to a third party at the
price shown as of the date shown. Parcels with a 2004 Date of Price are currently in title to the
City of Brooklyn Center.
c�-24�zs2�i
BR291-106
CITY OF BROOKLYN CENTER
Notice is hereb iven that a
y g public hearing will be held on the 14th day of June 2004 at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,
to consider An Ordinance Providing for the Sale of Certain Land in the City.
I AuYiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND 1N THE
CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
I L BACKGROUND
1. L The City is the owner of certain real properties in the City of Brooklyn Center,
consisting of excess highway right of way adjacent to Interstate Highway No. I-94 from the
south city limits to Interstate Highway No. I-694, and legally described in Resolution No. 2004-
(the "Subject Properties").
1.2. The City Council has determined that it is in the best interest of the Cit to sell the
Y
Subject Properties to the owners of adjacent properties for combination with the adjacent
properties, on the terms and conditions of a Purchase Agreement, a copy of which is on file with
the City Clerk (hereinafter the "Purchase Agreement").
I 1.3. The City Council hereby determines that the proposed disposal of the Subject
Properties has no relationship to the comprehensive municipal plan.
II. SALE OF PROPERTY
2.1. The Mayor and City Manager are authorized and directed to execute the Purchase
Agreement with respect to any one or more of the Subject Properties and take all steps necessary
to effect the terms thereof including the conveyance of one or more of the Subject Properties
upon satisfaction by buyer of all terms of the Purchase Agreement.
2.2. The sale prices of the Subject Properties are set forth in Resolution No. 2004-
It is� expected that the sales of the Subject Properties may occur over a period of
several years. The City Manager is authorized to annually re-establish the sale prices for the
Subject Properties, using the same criteria that were used to establish the sale prices set forth in
Resolution No. 2004-
L
ORDINANCE NO.
2.3. The actions of City staff, the Mayor and City Manager in conveying any of the
Subject Properties prior to the date of this Ordinance are hereby ratified and approved in all
res ects and those
p sales are authonzed by this Ordmance.
III. EFFECTIVE DATE
3.1. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication
Eff
ective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Tom Bublitz Communit Develo ment S ecialist r G'�
Y P P
DATE: An Ordinance Authorizing the Sale of Certain Land in the City and a Resolution
Authorizing the Sale of Certain Land in the City
This is a housekeeping ordinance which authorizes the sale of numerous remnant parcels of land
which were acquired by the Minnesota Department of Transportation (MnDOT) during the
construction of I-94 from the south city limits to I-694. Consideration of this item was prompted
by a request from a property owner to purchase one of the remnant parcels.
A summary of the history and requirement for City Council action on this item follows:
When I-94 was constructed, numerous remnant parcels of excess right of way were
leftover when the project was completed. MnDOT plat maps showing the location of the
parcels are included with this memorandum.
These remnant parcels ranged in size from a few hundred square feet to 15,000 sq. ft.
The average is about 4,500 sq. ft.
MnDot deeded the remnant parcels to the City in the late 1980's.
The City offered these remnant parcels to abutting property owners and several of the
parcels were purchased for numerous reasons including, acqui�ing additional property on
which to erect a garage or some other structure, to build a fence, for non-conforming
properties acquiring additional property to help meet setback or other requirements and
increasing the resale value of property with a minimal increase in property tax.
The price of the parcels was established on a per square foot basis based on average
values of similar property.
The Brooklyn Center City Charter requires that land sold by the City must be done so by
ordinance. The primary intent of this Charter requirement addresses more sizeable
parcels than the remnants considered here, but the remnant parcels do fall under the
Charter requirement. Staff is not aware of an ordinance being passed when the lots were
initially conveyed in the late 1980's and early 1990's. The ordinance and resolution
offered for City Council consideration includes all MnDOT turnback parcels including
those already sold and those yet to be sold.
Staff is recommending the following items relative to compliance with City Charter
requirements.
A Resolution Authorizing The Sale of Certain Land In The City, which would establish
that the conveyance of the remnant parcels be accomplished by purchase agreement and
the establishment of sale prices for the parcels. A copy of the purchase agreement is
included with this memorandum.
The resolution would also include the legal descriptions of all the remnant parcels and
would serve to save publication costs since the "legals" would not have to be published in
the City's afficial newspaper as part of the ordinance.
An Ordinance Authorizing The Sale Of Certain Land In The City which meets the City's
obligations for selling land pursuant to the City Charter.
The ordinance incorporates the resolution authorizing the sale of certain land in the city
and also authorizes the sale of the parcels described in the resolution.
A copy of the purchase agreement for the remnant parcels is also included with this
memorandum. The purchase agreement conveys the property by quit claim deed and makes no
claim as to the title on the remnant parcels. Essentially, this means that in its conveyance of the
remnant parcels to the City, MnDOT did not make any claims as to the marketability of title to
the remnant parcels. The City in turn will sell the lots with the same caveat and cannot provide
any type of warranty on the titles.
Both a Resolution Authorizing The Sale Of Certain Land In The City and an Ordinance
Authorizing The Sale of Certain Land In The City is included for Council consideration. The
order of action on these items is that the resolution should be considered first and the ordinance
considered second.
I
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PURCHASE AGREEMENT
l. PA.RTIES. This Purchase Agreement is made on 2002, by and
between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation, 6310 Shingle
Creek Parkway, Brooklyn Center, Minnesota 55430 (Seller) and a single
person, Brooklyn Center, MN 55430 (Buyer).
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real
properiy legally described on the attached Exhibit A, which property is located in the City of
Brooklyn Center, Coun of Henn in, State of Minnesota the "Pro e'
tY
P
3. PRICE AND TERMS. The price for the Property is
Dollars which Buyer shall pay by certified check on the
Date of Closing.
4. DEED AND DECLARATION. Upon performance by Buyer, Seller shall execute
and deliver a Quit Claim Deed conveying title to the Property to Buyer. Buyer shall execute a
declaration of restrictive covenant, in a form to be provided by Seller, that requires the Property to
be maintained in common ownership with the adjacent real property presently owned by Buyer.
5. REAL ESTATE AND SPECIAL ASSESSMENTS. Seller shall a on Date of
PY
Closing the real estate ta�ces due and payable in the year of closing. Seller shall pay on Date of
Closing all special assessments levied against the Property as of the date of this agreement,
including those certified for payment with ta�ces due and payable in the year of closing. Seller
represents that there are no special assessments pending as of the date of this agreement. If a special
assessment becomes pending after the date of this agreement and before the Date of Closing, Buyer
may, at Buyer's option:
A. Assume payment of the pending special assessment without adjustment to the
purchase agreement price of the property; or
B. Require Seller to pay the pending special assessment and Buyer shall pay a
cammensurate increase in the purchase price of the Property, which increase shall be
the same as the estimated amount of the assessment; or
C. Declare this ageement null and void by notice to Seller, and earnest money shall be
refunded to Buyer.
The Buyer is responsible for real estate taxes due and payable in the yeaz following the
closing. The Seller represents that the Property had a non-homestead classificatian for real estate
taxes payable in 2002.
6. CONDITION OF PROPERTY. The Property is vacant, undeveloped land. Buyer
acknowledges that it has inspected or has had the opportunity to inspect the Property and agrees to
accept the Praperty "AS IS." Seller makes no warranties as to the condition of the Property.
CAH-209502v2 j
BR291-106
7. TITLE MATTERS. Buyer is aware that there is no Abstract of Title for the
Property, and Seller is under no obligation to provide an Abstract of Title. Seller makes no
representation as to the marketability of title to the Property.
8. WELL DISCLOSURE. The Seller certifies that it does not know of an wells
Y
located on the Property.
9. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller
discloses that there is not an individual sewage treatment system on or serving the Purchase
Property.
10. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF TAIS
CONTRACT.
11. NOTICES. All notices required herein shall be in writing and delivered personally
or mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the date of
mailing.
12. CLOSING COSTS. At Closing Seller sha11 pay the amount of State Deed Taat
payable on the deed conveying the Properly to Buyer. Buyer shall pay the filing fees for the deed
and declaration.
13. NIINNESOTA LAW. This contract shall be governed by the laws of the State of
Minnesota.
In witness of the foregoing, the parties have executed this agreement on the year and date
written above.
SELLER
CITY OF BROOKLYN CENTER
Dated: g
Its Mayor
Dated: g
Its City Manager
BUYER
Dated:
c�-ZO9soz�z 2
BR291-106
EXHIBIT A
CITY OF BROOKLYN CENTER
PARCEL
[insert legal description]
c�-zo9so2�z A-1
BR291-106
City Council Agenda Item No. lOg
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2004-01, 02, 03, AND 04, NORTHPORT
AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY
IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos.
2004-01, 02, 03, and 04, bids were received, opened, and tabulated by the City Clerk and
Engineer on the 4 day of May, 2004. Said bids were as follows:
Bidder Bid Amount Conected Total
S.R. Weidema, Inc. 2,673,332.07
Northdale Construction 3,003,150.86 3,003,311.96
S.J. Louis Construction 3,053,169.40
Arcon Construction Co. 3,142,275.65
Barbarossa and Sons, Inc. 3,154,442.26
C.S. McCrossan, Inc. 4,016,802.55
WHEREAS, it appears that S.R. Weidema, Inc. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota., that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with S.R. Weidema, Inc. of Maple Grove, Minnesota in the name
of the City of Brooklyn Center, for Improvement Project Nos. 2004-01, 02,
03, and 04, according to the plans and specifications therefore approved by
the City Council and on file in the office of the City Engineer.
3. The estimated project costs and revenues are as follows:
RESOLUTION NO.
COSTS Engineer's Estimate As Amended Per Low Bid
Contract $2,954,526.95 $2,673,332.07
Contingency (10%) 295,500.00 267.300.00
Subtotal Construction Cost $3,250,026.95 $2,940,632.07
Admin/Legal/Engr. 217,200.00 217,200.00
Reforesta.tion 25,000.00 25,000.00
Street Lights 85,000.00 85,000.00
Total Estimated Project Cost $3,577,226.95 $3,267,832.07
REVENUES
Street Assessment 519,110.00 519,110.00
Storm Drainage Assessment 165,020.00 165,020.00
Water Utility Fund 607,209.50 631,439.75
Sanitary Sewer Utility 564,859.45 555,614.28
Storm Drainage Utility Fund 538,186.55 441,755.61
Street Construction Fund 783,441.45 555,492.43
Municipal State Aid 348,400.00 348,400.00
Street Light Utility 51,000 51,000.00
Total Estimated Revenue $3,577,226.95 $3,267,832.07
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM sR os��v
c��r
DATE: May 5, 2004
TO: Michael J. McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos.
2004-01, 02, 03, and 04, Northport Area Street, Storm Drainage, and Utility
Improvements
Bids for the Northport Area Neighborhood Street Utility Improvements contract were received
and opened on May 4, 2004. The bidding results are tabulated as follows:
Bidder Bid Amount as Submitted Corrected Total
S.R. Weidema, Inc. 2,673,332.07
Northdale Construction 3,003,150.86 3,003,311.96
S.J. Louis Construction 3,053,169.40
Arcon Construction Ca 3,142,275.65
Barbarossa and Sons, Inc. 3,154,442.26
C.S. McCrossan, Inc. 4,016,802.55
Of the six (6) bids received, the lowest bid of 2,673,332.07 was submitted by S.R. Weidema,
Inc. of Maple Grove, Minnesota.. The Engineer's Estimate for the project was $2,954,526.95.
The low bid is approximately $281,200 below the Engineer's estimate.
S.R. Weidema, Inc. has proven experience in performing the requirements included in this
contract and has the resources necessary to complete the project. Staff recommends acceptance
of the low bid and award of the contract to S.R. Weidema, Inc.
It is recommended that the City Council approve the attached resolution accepting low bid and
awarding the Northport Area Neighborhood Street Utility Improvements contract to S.R.
Weidema, Inc. in the amount of 2,673,332.07.
City Council Agenda Item No. 10h
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT
NO. 2004-06, 73� AVENUE STREET, STORM DRAINAGE, AND UTII,ITY
IMPROVEMENTS
WHEREAS, the Brooklyn Center City Council on Apri112, 2004, by Resolution Na
2004-54 ordered Improvement Proj ect No. 2004-06, 73'� Avenue Street, Storm Drainage, and Utility
Improvements, and authorized the preparation of plans and specifications; and
WHEREAS, the City of Brooklyn Paxk City Engineer has prepared plans and
specifications for said improvement project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The plans and specifications for said improvement project are hereby approved
and ordered filed with the City Clerk.
2. The City of Brooklyn Park is herby authorized to advertise for the making of such
improvements in accordance with the approved plans and specifications. The
City of Brooklyn Park City Clerk shall prepare and cause to be inserted in the
Brooklyn Park official newspaper and in the Construction Bulletin an
advertisement for bids for the making of such improvements in accordance with
the approved plans and specifications. The advertisement shall be published in
accordance with Minnesota Statutes, shall specify the work to be done and shall
state the time and location at which bids will be opened for review.
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.
BROl1SLYN
MEMORANDUM
DATE; May 4, 2004
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement
for Bids, Improvement Project No. 2004-06, 73 Avenue Street, Storm Drainage,
and Utility Improvements
On Apri112, 2004, the City Council conducted a series of two public hearing on the proposed 73
Avenue Street, Storm Drainage, and Utility Improvements. The first hearing was to consider
ordering the improvements and authorizing the development of plans and specifications. The second
hearing was to consider certification of proposed special assessments for the unprovement project.
Following the public hearings, the City Council ordered the improvements and directed staff to
have plans and specifications prepared for the proj ect. The City of Brooklyn Park Engineering Staff
has completed construction plans, specifications and contract documents for the project. The
Brooklyn Park CiTy Council approved the plans and specifications at their May 3, 2004 Council
meeting.
The bidding process for this project would involve advertisement of the project in the City of
Brooklyn Park official newspaper and in the Construction Bulletin magazine. Sealed bids woz.ild be
collected, opened on a scheduled bid opening date, and tabulated by the City of Brooklyn Park
Engineering Department. The bid open opening date is tentatively scheduled for May 24, 2004.
Staff anticipates that the bid results will be presented to the Brooklyn Center City Council for
consideration at the June 14, 2004 City CounciY meeting.
It is recomxnended that the City Council approve the attached resolution approving the plans and
specifications and authorizing advertisement for bids. Detailed plan sheets will be available for
review at the City Council meeting.
i
City Council Agenda Itern No. 1Oi
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of June 2004, at 7 p.m.
or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to
consider An Ordinance Relating to the Regulation of Dangerous Dogs and Potentially Dangerous
Dogs in the City; Amending Chapter 1 of the Brooklyn Center City Code.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO THE REGULATION OF DANGEROUS
DOGS AND POTENTIALLY DANGEROUS DOGS IN THE CITY;
AMENDING CHAPTER 1 OF THE BROOKLYN CENTER CITY CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code Chapter 1 is amended by adding new
Sections 1-250 through 1-280 as follows:
Section 1-250. DEFINITIONS. For the nurooses of Sections 1-250 throu�h 1-280. the
terms defined in this Section shall have the meanin� �iven them. Terms not defined in this
Section shall have the meanin� �iven them in Section 1-101 of this Code.
1. Dan�erous do�. Danserous do� means anv do� that has:
a. without nrovocation, inflicted substantial bodilv harm on a human bein�
on nublic or nrivate propertv:
b. killed a domestic animal without brovocation while off the owner's
pronertv_; or
c. been found to be notentiallv dan�erous. and after the owner has notice that
the do� is notentiallv dan�erous. the do� a��ressivelv bites. attacks, or
endan�ers the safetv of humans or domestic animals: or
d. been determined to be a dan�erous do� bv the Citv or anv other
�overnmental iurisdiction.
2. Potentiallv dan�erous dog. Potentiallv dan�erous do� means anv do� that:
a. when unnrovoked. inflicts bites on a human or domestic animal on t�ublic
or private nronertv:
b. when unnrovoked, chases or annroaches a nerson, includin� a nerson on a
bicvcle. unon the streets. sidewalks. or anv nublic or nrivate probertv.
other than the do� owner's nronertv. in an annarent attitude of attack;
ORDINANCE NO.
c. has a known nronensitv, tendencv, or disbosition to attack unnrovoked.
causin� iniurv or otherwise threatenin� the safetv of humans or domestic
animals: or
d. been determined to be a notentiallv danserous do� bv the Citv or anv
other �overnmental iurisdiction.
3. Proner Enclosure. Proner enclosure means securelv confined indoors or in a
securelv enclosed and locked nen or structure suitable to nrevent the animal from
escanin� and nrovidine brotection from the elements for the do�. A broner
enclosure does not include a norch. natio. or anv nart of a house. �ara�e. or other
structure that would allow the do� to exit of its own volition, or anv house or
structure in which windows are onen or in which door or window screens are the
onlv obstacles that nrevent the do� from exitin�.
4. Owner. Owner means anv nerson. firm. corooration or�anization, or denartment
bossessin�, harborin�. keenin�, havin� an interest in, or havin� care, custodv, or
control of a do�.
5. Great bodilv harm. Great bodilv harm means bodilv iniurv which creates a hi�h
probabilitv of death. or which causes serious nermanent disfi�urement, or which
causes a nermanent or nrotracted loss or imnairment of the function of anv bodilv
member or or�an or other serious bodilv harm.
6. Substantial bodilv harm. Substantial bodilv harm means bodilv iniurv which
invokes a temnorarv but substantial disfi�urement, or which causes a temnorarv
but substantial loss or imnairment of the function of anv bodilv member or or�an,
or which causes a fracture of anv bodilv member.
Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY
DANGEROUS DOGS.
1. Notice to Owner. If the animal control officer determines after an investi�ation
that a do� is notentiallv danserous or dan�erous accordin� to the criteria in
Section 1-250 (11 or (21, the animal control officer will serve a notice of intent on
the owner of the do� to declare the do� notentiallv dan�erous or dan�erous. Such
notice shall inform the owner of this desi�nation. the basis for the desi�nation, the
procedures for contestin� the desi�nation as described in Section 1-255 (21 fal and
the result of the failure to contest the designation as described in Section 1-255
(21(bl. Unon receint of notice of intent, the do� owner must comnlv with the
reauirements of Section 1-270.1 and continue to comnlv with such reauirements
until the do� is dead or removed from the Citv, or the Citv has determined that the
do� is not dan�erous or notentiallv dan�erous. The owner shall be informed of
tlus reauirement in the notice of intent.
ORDINANCE NO.
2. Contestin� Declaration of Dan�erous or Potentiallv Dan�erous Do�s.
a. If the owner of a doe has received a notice of intent under Section 1-255
(11, the owner mav reauest that a hearin� be conducted to determine
whether or not such a designation is iustified. Such reauest must be made
in writine and delivered to the Citv Manaeer within 14 davs of receipt of
the notice of intent.
b. If the
owner fails to contest the notice of intent within 14 da s the owner
v,
forfeits the right to a hearins and the declaration of the doe as potentiallv
dan�erous or dan�erous is final. The Citv Mana�er will then issue a
declaration to the owner and the owner must comnlv with all aut�licable
reQuirements of this Section or cause the do� to be humanelv destroved ar
removed from the Citv limits.
3. Hearin� Procedure. Within ten davs after receivin� the owner's reauest for a
hearin�. the Citv Mana�er will notifv the do� owner of the hearin� date. The
hearin� will be scheduled within fortv-five davs. The hearin� will be conducted
bv the Animal Control Review Panel. which will consist of three members, as
apnointed bv the Mavor. The owner mav call witnesses and bresent evidence on
his or her behalf. A simnle maioritv of the members of the Panel is necessarv for
a findin� that the do� is either dan�erous or notentiallv dan�erous. The Panel must
inform the owner of its decision in writin� and must state the reasons for its
decision.
4. Effect of Findin�s. If the Panel finds that there is a sufficient basis to declare the
do� potentiallv dan�erous or dan�erous. the owner must immediatelv complv with
all annlicable reauirements of this Ordinance or immediatelv cause the do� to be
humanelv destroved or removed front the Citv limits.
5. Anneal. If the owner of the do� disnutes the decision of the Panel, the owner mav
anneal the decision of the Panel to the Citv Couneil. An anneal to the Citv
Council must be in writin� and submitted to the Citv Mana�er within 14 davs of
the Panel's decision. The owner mav anneal the decision of the Citv Council in
accordance with nrocedures under state law.
Section 1-260. REVIEW OF DECLARATION. Be�innin� six months after a do� is
declared a botentiallv dan�erous or dan�erous do�, an owner mav reauest annuallv that the
Animal Control Officer review the desi�nation. The owner must nrovide evidence that the dog's
behavior has chan�ed due to the do�'s a�e, neuterin�. environment. comnletion of obedience
trainin� that includes modification of a��ressive behavior, or other factors. If the Animal
Control Officer find's sufficient evidence that the do�'s behavior has chan�ed. the notentiallv
dan�erous or dan�erous desi�nation mav be rescinded.
ORDINANCE NO.
Section 1-265. REGISTRATION.
l. Reauirement. No nerson mav own a notentiallv dan�erous or dan�erous doe in
the Citv unless the do� is registered as nrovided in this Section.
2. Certificate of Re�istration. The Citv Mana�er will issue a certificate of
re�istration to the owner of a notentiallv dan�erous or dan�erous do� if the owner
presents sufficient evidence that:
a. a nroner enclosure exists for the do� and all accesses to the bremises are
nosted with clearlv visible warnin� signs issued or anuroved bv the
Animal Control Officer. that there is a potentiallv dan�erous or dan�erous
do� on the nropertv:
b. in the case of a dan�erous doe onlv. a suretv bond to be held bv the Citv
Clerk has been issued bv a suretv comnanv authorized to conduct business
in this state in a form accentable to the Citv Clerk and the Citv Attornev in
the sum of at least $50,000. navable to anv person iniured bv the
dan�erous do�, or a nolicv of liabilitv insurance has been issued bv an
insurance comnanv authorized to conduct business in this state in the
amount of at least $50,000. insurin� the owner for anv t�ersonal iniuries
inflicted bv the dan�erous do�;
c. the owner has naid the annual re�istration fee as nrovided for in this
Section; and
d. the owner has had microchin identification imnlanted in the dan�erous dos
or notentiallv dan�erous doe as reauired under Minn. Stat. 347.515.
3. Warnin� Si�n. If the Citv
issues a certificate of re�istration to the owner of a
potentiallv dan�erous doe or danserous do� under Section 1-265 (21, the Citv
will brovide. for nostine on the owner's nronertv. a copv of a warnin� svmbol to
inform children that there is a dan�erous do� on the nronertv. The Citv mav
char�e the da� owner a reasonable fee to cover its administrative costs and the
costs of the warnin� svmbol.
4. Fee. The Citv will charee the owner an annual fee to obtain a certificate of
re�istration for a notentiallv dan�erous or dan�erous doe.
5. Ta�. A notentiallv dan�erous or dan�erous do� registered under this Section must
have a tae, issued bv the Citv, identifvin� the do� as notentiallv dan�erous or
dan�erous. This ta� must be affixed to the do�'s collar and worn bv the do� at all
times.
ORDINANCE NO.
6. Exemntion. Do�s mav not be declared notentiallv dan�erous or dan�erous if the
threat, iniurv, or damage was sustained bv a nerson:
a. who was committin� at the time. a willful trest�ass or other tort upon the
premises occupied bv the owner of the do�;
b. who was nrovokin�. tormentine, abusin�, or assaultin� the doe or who can
be shown to have reneatedlv. in the nast, nrovoked, tormented, abused, or
assaulted the do�; or
c. who was committin� or attemntin� to commit a crime.
7. Law Enforcement Exemntion. The nrovisions of this Section do not anplv to dogs
used bv law enforcement officials for nolice wark.
Section 1-270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS;
ADDITIONAL REOUIREMENTS.
1. Enclosure. An owner of a notentiallv dan�erous or dan�erous do� shall keen the
do�, while on the owner's nronertv. in a roroner enclosure. If the do� is outside
the broner enclosure, the do� must be muzzled and restrained bv a substantial
chain or leash and under the nhvsical restraint of a responsible nerson. The
muzzle must be made in a manner that will nrevent the do� from bitin� anv
nerson or anirnal but that will not cause iniurv to the do� or interfere with its
vision or resniration.
2. Re�istration Renewal. An owner of a notentiallv dan�erous or dan�erous do�
must renew the re�istration of the do� annuallv until the do� is deceased. If the
do� is removed from the iurisdiction, it must be re�istered as a potentiallv
dan�erous or dan�erous do� in its new iurisdiction.
3. Death or Transfer. An owner of a notentiallv daneerous or dan�eraus do� must
notifv the Animal Control Officer in writin� of the death of the do� or its transfer,
and must, if reauested bv the Animal Control Officer, execute an affidavit under
oath settin� forth either the circumstances of the do�'s death and disnosition or the
comnlete name. address. and telenhone number of the nerson to whom the do� has
been transferred.
4. Sterilization. The Animal Control Officer mav reauire a notentiallv dan�erous or
dan�erous do� to be sterilized at the owner's exnense. If the owner does not have
the animal sterilized, the Animal Control Officer mav have the animal sterilized at
the owner's exnense. The owner mav contest and anneal a decision bv the Animal
Control Officer reauirin� a do� to be sterilized in accordance with the nracedures
set forth in Section 1-255.
ORDINANCE NO.
5. Rental Probertv. A nerson who owns a notentiallv dan�erous or dan�erous do�
and who rents nronertv from another where the do� will reside must disclose to
the brobertv owner nrior to enterin� the lease a�reement and at the time of anv
lease renewal that the nerson owns a notentiallv dan�erous or dan�erous do� that
will reside at the t�ronertv.
6. Sale. A nerson who sells a notentiallv dan�erous or dangerous do� must notifv
the nurchaser that the Animal Control Officer has identified the do� as notentiallv
dan�erous or dan�erous. The seller must also notifv the Animal Control Officer
with the new owner's name. address. and telenhone number.
Section 1-275. SEIZURE.
1. Immediate Seizure. The Animal Control Officer or anv nolice officer mav
immediatelv seize anv notentiallv dan�erous or dan�erous do� if:
a. within 14 davs after the owner has notice that the doe is notentiallv
dan�erous or dan�erous, the doe is not re�istered as reauired under Section
1-265;
b. in the case of a dan�erous do�, within 14 davs after the owner has notice
that the do� is dan�erous. the owner does not secure the proper liabilitv
insurance or suretv coverage as reauired under Section 1-265 (21(bl;
c. the do� is not maintained in the nrober enclosure:
d. the do� is outside the nroner enclosure and not under phvsical restraint of
resnonsible t�erson: or
e. after the owner has been notified that the do� is notentiallv dan�erous or
dan�erous, the dog bites or attacks a berson or domestic animaL
2. Reclaimed. A notentiallv dan�erous or dan�erous do� seized under Section 1-275
(11 mav be reclaimed bv the owner of the do� upon bavment of impoundix�� and
boardin� fees, and nresenting nroof to the Animal Control Officer that the
reauirements of Section 1-265 and Section 1-270 will be met. A dos not
reclaimed within seven davs of seizure mav be disnosed of as nrovided in Minn.
Stat. �35.7L subdivision 3. The owner is liable to the Citv for costs incurred in
confinin� and disnosin� of the do�.
3. Subseauent Offenses. If a nerson has been convicted of a misdemeanor for
violatin� a nrovision of Section 1-265 or 1-270, and the nerson is char�ed with a
subseauent violation relatin� to the same do�. the Animal Control Officer mav
seize the do�. If the owner is convicted of the crime for which the do� was
ORDINANCE NO.
seized, the Citv mav destrov the doe in a nroner and humane manner and the
owner is resnonsible for navin� the cost of confinin� and destrovin� the animal.
If the nerson is not convicted of the crime for which the do� was seized, the owner
mav reclaim the do� unon navment to the Citv of a fee for the care and boardin�
of the do�. If the do� is not reclaimed bv the owner within seven davs after the
owner has been notified that the doe mav be reclaimed, the do� mav be disbosed
of as nrovided under Minn. Stat. S 35.71. subdivision 3. The owner is liable to the
Citv for the costs incurred in confinin�, imnoundin� and disnosing of the do�.
Section 1-280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
Notwithstandin� Section 1-265 to 1-275. a do� that inflicts substantial or �reat bodilv
harm on a human beine on nublic or nrivate nrobertv without provocation mav be
destroved in a nroner and humane manner bv the Animal Control Officer. The do� mav
not be destroved until the doe owner has had the onnortunitv for a hearin� and apbeal as
described in Section 1-255. excent as authorized under Section 1-115.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Brackets indicate matter to be deleted, underline indicates new matter.)
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: May 3, 2004
SUBJECT: Draft Dangexous Dog Ordinance
Attached please find a revised dangerous dog ordinance. The only revision to the draft since you last
reviewed it is in Section 1-255.1. The change is the addition of language that requires the owner to
comply with Section 1-270.1 from the time that notice of intent is served on the owner of the dog
until a resolution of the heaxing process.
Mr. Boganey suggested this change as a potential way to address the issues that were raised when the
Council discussed the draft ordinance regarding what would happen between the time that notice was
served upon the owner and the resolution of any appeals. Mr. Boganey also prepared the attached
flowchart that diagrams the stages or process involved with a dangerous or potentially dangerous
dog.
�30I Shin le Creek Parkwa
g y Recreataon and Communaty 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.cityo fbrooklyncenter.org
Potentially And Dangerous Dog Ordi�Sections 1-250 Through 280 Flow Chart
Yes
Dangerous or Request appeal
potentiaily Notice issued of Hwring Hoaring by P/Dangerous w/14 days City Council P/D Dog
dangerous dog intent to Requested w/ ACRP w/45 da Do
YS S Hearing 1 Designation
idcntifi�d by designate 14 days Designation upheld
of6ccr
I
r No Yes No
Owncr complies
wit6 all
applicable� Appeai Process
1 requirements N Termina[ed Yes
or dog destroyed
After 6 months
and annually,
may request
revicw of No
designation
Still Dog found not
dengerous dangerous or p.
Yes dangerous.
Procas
�erminated
No
�escind
designation
r
erminated� No APPeaI
Process
i
District Court
Hearing Yes
PREVIOUS MATERIALS ON
DRAFT DANGERO US DOG
ORDINANCE
City of Brooklyn Center
A Millennium Community
To: Ivlayar Kragness and Council Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. M�Cauley
City Manager
Date: March 18, 2004
Re: Dangerous dog ordinance
Attached are copies of an e-mail from Charlie LeFevere and Chief Bechthold responding to the
questioils and comments submitted by Council Members Carmody and Niesen. Council Member
Carnlody's questions and. Council Member Niesen's comments are reproduced below:
Council Member Carmodv Questions:
1. Make sure potentially dangerous dogs are the sanle as dangerous dogs except for tlie
$50,000 insurance requirement.
2. Restrictions from the time t�ie dog is declared potentially dangerous or dangerous Uy
police until the official declaration with all appeals is exhausted are that the dog must be
in an enclosed area or muzzled and leashed at all times.
3. Reporting from police must be accurate and be able to be traced along with former
calls for the same dog.
4. Is a fine possible for not registering your potentially dangerous or dangerous dog 0-1-
265)? Or is this part of the state statute already?
5. in 1-265 #3 What would the warning sign look like?
6. In 1-265 #6 Why does it have to be multiple provocations?
7. In 1-270 There is a device called the gentle leader that covers the mouth of the dog
while walking it, is this okay or not?
8. In 1-270 #6, Is there a fine or something attached if the seller does nat inform of dog
status?
9. In �1-275, d, if the dog is not enclosed but has changed personality due to being
neutered, aging, etc., it is up to the owner to change that designation. All restrictions
apply until that occurs, right?
6301 Shingle Creek Parhw¢y Recre¢tion and Community Center Phane TDD Number
Broohl��n Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo f broohlyncenter. org
Council Member Niesen's comments
To: Mike
From: Diane 3-8-04
Re: Proposed addition to City Code: Chapter 1— Animals
At our regular council meeting February 23, amendments to aur City code, Chapter 1,
were discussed. As per the discussion the following points represent my questions and
comments to the proposal first presented to council regarding Dangerous Dogs (DD)
and Potentially Dangerous Dogs (PDD).
ExistinQ law: Section 1-115. DANGEROUS ANIMALS
"If an animal is diseased, vicious, dangerous... and such animal cannot be
impounded.., such animal may be immediately killed by or under the
direction..."
COMMENT: As 1-101 does not define the term: "dangerous," or, "vicious", aild
does not cite state statute, perhaps those terms should be deleted from 1-11 S, if 1-
115 remains. The bottom line of this paragraph is notification as to when a dog
could be destroyed. Proposed section 1-280 also deals with this situation. The
sentence: "...or if the animal has made more than one attack on.a person..." is
redundant with proposed 1-280.
Pronosed law: Section 1-250. DEFINITIONS
"d. been determined to be a Dangerous Dog by the City or any other
governmental jurisdiction"
COMMENT: I disa�ree with this addition to what is otherwise provided in state
statute. Inserting this phrase goes beyond state law and while providing
fleaibility, gives no protection to tlle public via criteria/source of Determination
(objective, legally accepted standards) and/or citation (who) of Determining
Authority ("the City"). Therefore, it might be hard to enforce, and, if necessary,
defend.
Charlie stated that his intention with this sentence was to prevent someone with a
previouslv desi�nated DD or PDD in a different iurisdiction (Jl from comin� into
BC in anonvmitv.
State statute 347.51 provides: "No person may own a dangerous dag in this state
unless the dog is registered as provided in this section." State statute 347.52 and
our proposed Section 1-270 (2) state that if a"... DD or PDD is removed from the
J; it must be re0istered as a Potentially Dangerous or Dangerous Dog in its new
jurisdiction." Statutory J's would operate under this and Home Rule Js would
either operate this or their own dog laws. Unless another J specifically excluded
the provision of notification as per 347.52 IF they had established dog laws,
would it not apply? The risk of this happening seems, low.
If a dog (in another J) comznits an act that qualifies it for a Designation, an
Animal Control AuthoriTy (ACA) would need to have made a Designation in
order for this to apply, wluch Charlie notes is historically an unreliable
occurrance. The other possibilities are that the event would be recorded in police
files, or it would have remained private to the parties involved. In any case, it
seems that we are mixing definitions as to what constitutes a PDD or DD with
laws about notification. Therefore, I would strike Section 1-250 (l.d) and Section
1-250 (2.d). Alternately, I would propose going further to learn of a dog's past
history of incidents, reported or not.
Pronosed law: Section 1-255. DECLARATION OF DANGEROUS OR
POTENTIALLI' DANGEROUS DOGS AND Section 1-250 REVIEW OF
DECLARATION
COMMENT: These provisions appear to have no basis in state law.
Per state statute provisions on PDD and DD: 347.50 through 347.56, the noted
source of our proposed amendments, there is NO provision for appea] upon an
ACA's decision for a dog Designation. Therefore I will argue strenuously to
remove these sections. At this time I will not lay out the flow chart of proposed
responsibilities including a new city panel for the pre-Council appeal timelines
and possible outcomes however, I have drawn t11em up. Again, state law gives
citizens no opporiunity to appeal a dog Designation, if actions by a dog meet the
stated criteria, all fllat is necessary is for an ACA to formally make the
Designation and deliver it to the dog owner(s).
Public safety is the reasor� we are considering this amendment. As
Couneilmember Carmody stated; in cases of dog attack (or, in the words of the
State: killing, wounding or worrying) we need to act immediately to protect
citizens.
Pronosed law: Section 1-265. REGISTRATION
COMMENT: Section (3) Warning Signs, states that a warning symbol is to be
placed on any warning signs. Section (5) Tags, should also, as provided for in
state law, also carry this same symbol (347.51 Subd. 7). Also, if we are going to
add this we should check with NIN's Commissioner of Public Safety to see
whether a universal symbol, and a corresponding template, already exists (see
NIN Rule 7417). If so, there is no reason to charge citizens an expense for
providing this template. If such a symbol does not exist, or BC must pay
something to acquire, we should charge �itizens accordingly.
Pronosed law: Section 1-280. DESTRUCTION OF DOG IN CERTAIN
CIRCUMSTANCES
The dog may not be destroyed until the dog owner has had the
opportunity for a hearing as described in Section 1-255."
COMMENT: If section 1-255 is deleted (above) and we want to provide for a
hearing before destroying a dog, we would need to have a procedure. I note that
state law provides for this in 347.56: "The animal control authority may not
destroy the dog until the dog owner has had the opportunity for a hearing before
an impartial decision maker." Having a procedure in this case does have a basis
in law. Searching through MN statutes and rules I found no direct example of
appeal procedures.
A goal in adopting any such procedure would be to give citizens a fair opportunity
to argue against having their pet. destroyed and yet not create unnecessary and
resource heavy bureacracy for BC. My iiutial and surface input goes something
like this and involves about a month of time:
a dog is seized and impounded for violating attack provision of PDD or DD
ordinance (days:0)
owner receives immediate notice via phone call or police visit with written
notification left on doorstep (mailed notice goes out the following day) that dog is
ordered to be destroyed (by ACA) (days: 1)
owner has 5 days to notify City that s/he will appeal ACA order of destruction
(days 6)
ACA sets hearing within 10 days and the case is heard by the ACA (days 16)
ACA makes final determination (days 16)
owner has 5 days from final determination to notify City of intent to appeal to
Council (days 21)
appeal to Council takes place at next regularly scheduled council meeting
following receipt of notification of Intent to Appeal ACA Decision to Destroy.
_.__x a n
Michael McCauley Dangerous dogs Page 1 4�
From: "LeFevere, Charlie L.° <clefevere@Kennedy-Graven.com>
To: "Mike Mccauley (E=mail)" <mmccauley@ci.brooklyn-center.mn.us>
Date: 3/17/04 3:25PM
Subject: Dangerous dogs
Mike,
The following are responses to the concerns raised by Councilmembers Carmody and Niesen. First, the
questions of Councilmember Carmody:
1. The proposed ordinance treats potentially dangerous dogs the same as dangerous dogs except in
the case of the required $50,000 bond or liability insurance requirement in Section 1-265.
2. The process for determining that a dog is dangerous or potentially dangerous begins with the
service of notice on the owner of an intent to declare the dog dangerous or potentiafly dangerous. The
owner has the right to a hearing before that determination is made. However, once a determination is
made in accordance with the Ordinance that a dog is dangerous or potentially dangerous, the owner is
required by Section 1-255.4. to "immediately compiy with ali applicable requirements of this Ordinance or
immediately cause the dog to be humanely destroyed or removed from the City limits." Although the
owner of the dog has the right to appeal this decision to the Ciry Council, and potentially to Court after that,
the obligation of the owner to comply with the requirements of the Ordinance is not suspended by the
appeal process.
3. Concems relating to police reporting procedures should be addressed by the police department.
4. A violation of the Ordinance is a misdemeanor and subjeets the owner to fines, penalties and jail
time specified by State law. The Council cannot increase the maximum penalties for a misdemeanor
above those provided by State law. However, if the Council wished to do so, it could specify lower
maximum penalties for failing to register a dog.
5. The design af the dangerous dog or potentially dangerous dog warning sign would be specified by
the police department. Under State law, this symbol is required to be uniform and is specified by the State
Commissioner of Public Safety after consultation with animal control professionals. The Commissioner of
Public Safety is required to provide copies of the warning signal requested by counties regulating animals.
Therefore, I assume that this warning symbol would be available to the police department from the State
Commissioner of Public Safety
6. Section 1-265.6. lists circumstances under which a dog cannot be declared potentially dangerous
or dangerous. The language relating to damage to persons who are shown to have repeatedly provoked,
tormented, abused or assaulted the dog in the past is identical to the language used in Minn. Stat. Section
347.51, Subd. 5(2) the state law deafing with dangerous dogs.
7. The Ordinance requires that dangerous dogs and potentially dangerous dogs be muzzled. I do
not believe that a gentle leader would qualify as a muzzle. The gentle leader is designed to prevent a dog
from pulling rather than to act as a muzzle. The advertisements for the product state specifically that it is
not a muzzle.
8. Section 1-270:6. requires a person selling a dangerous or potentially dangerous dog to notify the
purchaser of the status of the dog. The failure to do so would be a misdemeanor, subject to misdemeanor
penalties estabiished by State faw.
9. A person may request a review of a dangerous dog or potentiafly danger�us dog deClaration
under Section 1-260. Such review may result in a determination that the dog is no longer dangerous or
potentially dangerous. However, until that determination is made and the designation of the dog as
dangerous or potentially dangerous is rescinded, all requirements applicable to dangerous dogs or
potentially dangerous dogs would continue �o be in effect.
Y 9. 9 Page 2,;�
Michael McCaule Dan erous do s
The following are responses to the commpnts of Councilmember Niesen:
1. Section 1-115. Section 1-115 is a provision that currentiy exists in the City's code. It covers
several situations that are not covered by new Section 1-280. Section 1-115 provides for the killing of an
animal that cannot be impounded after reasonable effort or without serious risk to any person. This
covers situations that are more in the nature of emergency situations that police officers may confront with
a dangerous or diseased dog. Section 1-115 also covers the situation where an animal has made more
than one attack on a person. There may be cases when this part of Section 1-115 overlaps with 1-280.
However, 1-115 does not require that the attacks on a person inflict substantial or great bodily harm. {f
more that one such attack occurred, th.e City could act under section 1-115, even if the attacks did not
inflict substantial bodily harm
2. Section 1-250. If a dog is brought to the City of Brooklyn Center that has acted in such a way in
another jurisdiction as to qualify it as a dangerous dog, Brooklyn Center would want that dog to be subject
to the requirements of the Brooklyn Center Ordinance. Demonstrating that the dog should be subject to
the Ordinance can occur in two ways: by proof that the dog has acted in a certain way or by proof that
some other jurisdiction has determined that the dog has acted in a certain way. It is possible, for example,
that a dog has inflicted substantial bodily harm on a human being in anotherjurisdiction and Brooklyn
Center would be able to prove that had occurred even if the other jurisdiction did not have, or did not
enforce, a dangerous dog ordinance. However, there may also be cases wherethe City of Brooklyn
Center will not be in a position to prove that the dog inflicted substantial bodily harm on a human being
with independent evidence even if a dog has in fact infiicted harm on a human being (e.g. witnesses may
not still be available). However, if the attack occurred in a jurisdiction that does have and enforce a
dangerous dog ordinance and that jurisdiction has made a determination that the dog is dangerous, it
would be relatively easy to demonstrate that the dog has been found to be dangerous in another
jurisdiction. For example, if an owner brings a dangerous dog from the City of Rochester, it may be
difficult for Brookiyn Center to prove that the dog inflicted substantial bodily harm on a human being
because the people who might otherwise provide evidence may not be avaifable. However, if the City of
Rochester has deciared the dog to be dangerous, the City of Brooklyn Center would be able to enforce its
dangerous dog ordinance on the basis of the determination in the City of Rochester. If the City of
Rochester acted unreasonably, or if the City of Rochester has different standards than those in the City of
Brooklyn Center, the owner of the dog could apply under proposed Brooklyn Center Code Section 1-260
for a review of the determination.
3. Section 1-255. The rights of dog owners cannot be taken away in a manner that violates the state
or federal constitutional guarantees of due process of law. Doe process requires, at a minimum, a
statement of charges, and a right to a hearing before �n impartial tribunal. If the City does not provide
some means for procedural due process, it will be provided in a Court action. That is, if the City makes
the decision of the animal control officer final, the only option available to the dog owner to challenge that
determination the only way the owner can secure the due process to which he or she is entitled will be
in District Court. lf there is no appeal process at the City there will be no record of a hearing that can be
reviewed by the District Court. Therefore, a trial will be de novo. In other words, the District Court judge
will consider the evidence presented in court, in a trial, and make his or her own determination whether or
not the dog is dangerous
This is an undesirable alternative for several reasons. First, the owners of d�gs may not feel that
they have an apportunity for fair consideration of their side of the case by the City. Second, if the decision
of the animal control office is final, and is not reviewed by any higher authority, such as the City Council,
the City may find itself in court defending a decision made by an animaf control officer even if the City
Council would not have agreed with that decision. Third, a decision by a District Court judge, reviewing
the case de novo, gives no deference to the decision of the City. On the other hand, if the City gives the
owner the right to a hearing before an impartial tribunal after reasonable notice, the owner loses the right
to challenge that decision he or she does not request a hearing. This would make defending the case in
i
Michael McCauley Dangerous dogs Page 3
District Court relatively simple since the land owner would not have acted to request a hearing and
preserve the right to appeal. If the decision of the City Council is appealed to Court, the Citywould have
an argument that the decision shouid only be by certiorari, that is, based on a review of the record. In the
case of review by certiorari, where the Court has an adequate record of the City's hearing to review, the
judge does not substitute his or her judgment for the judgment of the City. Rather, the judge will review
the record to determine whether there is evidence on the record supporting the decision of the City and, if
so, the Court should affirm the decision of the City.
The Ordinance cou�d be amended to delete the prov�sions relating to the right of the ow�er to
procedural due process, a hearing, and appeal to the City Council. However, this would simply mean that
the owner of the dog would have direct access to the District Court. Therefore, I would not recommend
that the section be deleted.
4. Section 1-265. Comments on Sectior� 1-265 do not suggest changes to the draft Ordinance.
5. Section 1-280. Section 1-280 relates to the destruction of dogs in certain circumstances. As
noted above, one of the purposes of Section 1-255, which currently exists in the Code, is to give law
enforcement officers the authority to deal with destruction of dogs in emergency situations such as a rabid
or vicious dog that cannot be impounded without risk to persons. In such circumstances, there is no
opportunity for a hearing before action is taken to destroy the animal. Summary destruction of an animal
(i.e. destruction without any prior hearing) can be justified in emergency situations. However, in situations
other than such emergencies, the City cannot take property, such as a dog, without due process of law.
Due process inciudes a right to a hearing before an impartial tribunal. For reasons stated above, i would
not recommend defetion of Secti�n 1-255. Section 1-255 provides a procedure, giving a dog owner a right
to a hearing before an impartial tribunal, with a further right to an appeal to the City Councii. The right to a
hearing under Section 1-255 is currently provided under Section 1-280.
Charlie
CC: "Scott Bechthold (E-mail)" <sbechthold@ci.brooklyn-center.mn.us>
��pOKLYN CENlE
BROOKLYN CENTER
POLICE DEPARTMENT
PDLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
DATE: March 17, 2004
SUBJECT: Potentially Dangerous Dogs and Dangerous Dogs
The Brooklyn Center Police Department currently enforces violations of dangerous and potentially
dangerous dogs under all applicable subdivisions of Minnesota Statute 347.50, subdivision 3. This statute
is confusing and poorly drafted. The police department supports the adoption of the ordinance in order to
make the statute operational by providing procedures, designated respo�sibilities, and fees.
Back�round
Under tr:e current system, the community service o�cer (CSO) is the acting "animal control authority."
The CSO, in most cases, will be the first responder to an initial inczdent when a dog bites a person or
animal, or causes any other situation defined by statute. If during the course of the investigation, the CSO
determines the dog's actions fall under the definitions of potentially dangerous or dangerous dog, the CSO
handles the incident using the following unwritten procedures:
1. The dog owner is served with the "Notice of Potentially Dangerous Dog."
2. The dog owner is served with a microchip order that has a deadline of 14 days.
3. The case is referred to the city prosecutor if there is a viola�ion.
4. Our notices also include a dangerous dog finding, however an incident has never been brought to
our attention that required this classification. (In 2003, there was one dog whose actions would
have risen to the level of a dangerous dog, but the dog was killed after attacking one of our
officer's).
5. There was no formalized file or tracking system until March of this year. However, effectively
immediately, all dogs involved in any aggressive behavior that is reported to police will now be
tracked using a software program (Arcview). This software maps the location of each offending
dog in the city and will be viewed at the department's weekly Crime Reduction Meetings. The
information can also be viewed at nearly every computer in the police department and uses real-
time mapping. This will insure appropriate actions are taken against all repeat offenders.
In 2002, the department handled 13 dog bite calls. Out of those thirteen, eight calls involved dogs whose
actions should have been classified as potentially dangerous. The department in 2003 handled 14 dog bite
calls. Out of this number, there were three cases where notices were served, and seven cases where they
should have been served. The police department had not used the potentially dangerous dog notice until
2003, because it was not aware of the forms eaistence until that time.
March 17, 2004
Page 2
As previously stated the department has followed a vague state statute and responded with unwritten
procedures. This has created an inconsistent and deficient way of handling the problem. The police
department is in the opinion that the ordinance would help remedy this problem, but there are three areas
of concern that need to be considered.
The first concern is that the conditions set forth in the proposed ordinance, with the exception of the
$50,000 insurance requirement, are the same for a dog who is declazed "potentially dangerous" and
"dangerous". The state statue only requires a microchip condition for a potentially dangerous dog. The
police department feels this is a reasonable requirement. Conversely, the ordinance requires the dog
owner of a potentially dangerous dog to house the dog in an enclosed property, and post signs on their
property warning of a dangerous dog and tag their dog as potentially dangerous. Due to the fact that all
dogs have the potential to be classified as potentially dangerous, we feel this will create additional staff
time to manage compliance and process anticipated challenges from dog owners.
Secondly, a consideration needs to be made regarding the time allowance for the dog owner to construct
an enclosure for the dog, especially during the winter months.
Finally, under the ordinance it states, "may require" a need for the dog to be sterilized. This may be too
vague and have the potential to be arbitrarily applied.
I would just like to conclude by answering some of the council members questions that have not already
been addressed. As to the question about signage, there is a universal sign for posting and tagging used
throughout the state of Minnesota. This sign will be available for viewing at the work-study session. In
response to the question about the gentle leader, staff has conducted research and discovered numerous
muzzles are safe for dogs and most are available for specific sizes and breeds.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of 2004,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to the
regulation of dogs. Auxiliary aids for handicapped persons are available upon request at least 96
hours in advance. Please notify the Deputy City Clerk at 763-569-3308 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO THE REGULATION OF DANGEROUS
DOGS AND POTENTIALLY DANGEROUS DOGS IN THE CITY;
AMENDING CHAPTER 1 OF THE BROOKLYN CENTER CITY CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section l. Brooklyn Center City Code Chapter 1 is amended by adding new Sections 1-250
through 1-280 as follows:
Section 1-250. DEFINITIONS. For the nurooses of Sections 1-250 throush 1-280, the
terrns defined in this Section shall have the meanin� �iven them. Terms not defined in this
Section shall have the meanin� �iven them in Section 1-101 of this Code.
1. Dan�erous do�. Dan�erous do� means anv do� that has:
a. without nrovocation, inflicted substantial bodilv harm on a human bein�
on nublic or nrivate prouertv:
b. killed a domestic animal without nrovocation while off the owner's
pronertv: or
c. been found to be notentiallv darieerous. and after the owner has notice that
the doe is notentiallv daneerous. the do� a��ressivelv bites, attacks, or
endangers the safetv of humans or domestic animals; Qr
d. been determined to be a daneerous do� bv the Citv or anv other
governmental iurisdiction.
2. Potentiallv dan�erous do�. Potentiallv dan�erous do� means anv do� that:
a. when unnrovoked. inflicts bites on a human or domestic animal on nublic
or nrivate nronertv:
b. when un�rovoked. chases or a�nroaches a �erson. includine a nerson on a
bicvcle. unon the streets. sidewalks. or anv publ�c or nrivate nropertv,
other than the doQ owner's nronertv. in an apuarent attitude of attack:
ORDINANCE N0.
c. has a known prouensitv. tendencv. or disnosition to attack unprovoked,
causins iniurv or otherwise threatenin� the safetv of humans or domestic
animals; or
d. been determined to be a notentiallv dan�erous do� bv the Citv or anv other
�overnmental iurisdiction.
3. Proner Enclosure. Proner enclosure means securelv confined indoors or in a
securelv enclased and locked nen or structure suitable to prevent the animal from
escauin� and nrovidine nrotection from the elements for the doQ. A proner
enclosure does not include a porch. natio, or anv nart of a house. �ara�e. or other
structure that would allow the dog to exit of its own volition. or anv house or
structure in which windows are onen or in which door or window screens are the
onlv obstacles that prevent the doQ from exitin�.
4. Owner. Owner means anv nerson. firm. comoration. or�anization, or department
possessine. harborin�, keenine. havine an interest in_ or havinQ care. custodv. or
control of a do�.
5. Great bodilv harm. Great bodilv harm means bodilv iniurv which creates a hi�h
probabilitv of death. or which causes serious nermanent disfi�urement, or which
causes a nermanent or �rotracted loss or imnairment of the function of anv bodilv
member or or�an or other serious bodilv harm.
6. Substantial bodilv harm. Substantial bodilv hann means bodilv iniurv which
involves a temnorarv but substantial disfi�urement, or which causes a temporarv
but substantial loss or imnairment of the function of anv bodilv member or or�an.
or which causes a fracture of anv bodilv member.
Section 1-255. DECLARATION OF DANGEROUS OR POTENTIALLY
DANGEROUS DOGS.
1. Notice to Owner. If the animal control officer determines after an investi�ation
that a do� is potentiallv daneerous or dan�erous accordine to the criteria in
Section 1-250 (11 or (21. the animal control officer will serve a notice of intent on
the owner of the do� to declare the do� notentiallv dan�erous or dan�erous. Such
notice shall inform the owner of this desienation, the basis for the desienation. the
x�rocedures for contestin� the desiQnation as described in Section 1-255 l21 (al and
the result of the failure to contest the desi�nation as described in Section 1-255 (21
ORDINANCE N0.
2. Contestin� Declaration of Dan�erous or Potentialiv Dan�erous Do�s
a: If the owner of a do� has received a notice of intenf under Section 1-255
(11, the owner mav reauest that a hearin� be conducted to determine
whether or not such a desi�nation is iustified. Such reauest must be made
in writin� and delivered to the Citv Mana�er within 14 davs of receipt of
the notice of intent.
b. If the owner fails to contest the notice of intent within 14 davs, the owner
forfeits the right to a hearin� and the declaration of the do� as potentiallv
daneerous or dan�erous is final. The Citv Mana�er will then issue a
declaration to the owner and the owner must comnlv with all applicable
reauirements of this Section or cause the do� to be humanelv destroved or
removed from the Citv limits.
3. Hearin� Procedure. Within ten davs after receivin� the owner's request for a
hearin�. the Citv Mana�er will notifv the do� owner of the hearine date. T'he
hearine will be scheduled within fortv-five davs. The hearin� will be conducted
bv the Animal Control Review Panel. which will consist of three members. as
appointed bv the Mavor. The owner mav call witnesses and nresent evidence on
his or her behalf. A simple maioritv of the members of the Panel is necessarv for
a findin� that the doe is either dan�erous or potentiallv dan�erous. The Panel
must inform the owner of its decision in writin� and must state the reasons for its
decision.
4. Effect of Findines. If the Panel finds that there is a sufficient basis to declare the
do� potentiallv dan�erous or dan�erous, tbe owner must immediatelv complv with
all applicable reQUirements of this Ordinance or immediatelv cause the do� to be
humanelv destroved or removed from the Citv limits.
5. Apneal. If the owner of the doe disnutes the decision of the Panel, the owner mav
apneal the decision of the Panel to the Citv Council. An appeal to the Citv
Council must be in writine and submitted to the Citv Mana�er within 14 days of
the Panel's decision. The owner mav aDpeal the decision of the Citv Council in
accordance with nrocedures under state law.
Section 1-260. REVIEW OF DECLARATION. Be�innine six months after a do� is
declared a potentiallv dan�erous or danaerous doe. an owner mav reauest annuallv that the
Animal Control Officer review the desiQnation. The owner must t�rovide evidence that the do�'s
behavior has chan�ed due to the doe's aee. neuterin�. environment. completion of obedience
trainine that includes modification of aeeressive behavior, or other factors. If the Animal
Control Officer finds su�cient evidence that the do�'s behavior has chan�ed. the potentiallv
dan�erous or dan�erous desiQnation mav be rescinded.
ORDINANCE NO.
Section 1-265. REGISTRATION.
1. Reauirement. No Derson mav own a notentiallv dan�erous or dan�erous do� in
the Citv unless the do� is re�istered as Drovided in this Section.
2. Certificate of Re�istration. The Citv Mana�er will issue a certificate of
re�istration to the owner of a Dotentiallv danserous or dan�erous do� if the owner
t�resents sufficient evidence that:
a. a pro�er enclosure exists for the do� and all accesses to the premises are
nosted with clearlv visible warnin� si�ns issued or approved bv the
Animal Contro] Officer. that there is a notentiallv dan�erous or daneerous
doe on the propertv;
b. in the case of a dan�erous doQ onlv, a suretv bond to be held bv the Citv
Clerk has been issued bv a suretv companv authorized to conduct business
in this state in a form accentable to the Citv Clerk and the Citv Attornev in
the sum of at least $50.000. pavable to anv t�erson iniured bv the
dan�erous doQ, or a �olicv of liabilitv insurance has been issued bv an
insurance companv authorized to conduct business in this state in the
amount of at least $50,000, insurine the owner for anv personal iniuries
inflicted bv the daneerous doe
c. the owner has �aid the annual re�istration fee as nrovided for in this
Section; and
d. the owner has had microchin identification implanted in the daneerous do�
or potentiallv dan�erous doQ as reauired under Minn. Stat. &347.515.
3. Warning Sien. If the Citv issues a certificate of re�istration to the ownez of a
potentiallv dan�erous do� or daneerous do� under Section 1-265 (21, the Citv will
provide. for nostin� on the owner's nrouertv, a conv of a warnin� svmbol to
inform children that there is a daneerous do� on the propertv. The Citv mav
char�e the doQ owner a reasonable fee to cover its administrative •costs and the
costs of the warninQ svmboL
4. Fee. The Citv will char�e the ownez an annual fee to obtain a certificate of
re�istration for a notentiallv daneerous or daneerous doe.
5. Ta�. A notentiallv daneerous or dan�erous doQ re�istered under this Section must
have a tae. issued bv the Citv. identifi�ine the dog as potentiallv dan�erous or
dan�erous. This ta� must be affixed to the do�'s collar and worn bv the do� at all
times.
URDINANCE N0.
6. Eaemtition. Does mav not be declared t�otentiallv dan�erous or dan�erous if the
threat, iniurv, or dama�e was sustained bv a nerson:
a. who was committing, at the time. a willful tresuass or other tort unon the
premises occunied bv the owner of the do�:
b. who was nrovokine. tormenting. abusine, or assaultin� the do� or who can
be shown to have repeatedlv. in the nast, nrovoked, tormented, abused, or
assaulted the do�: or
c. who was committin� or attemntin� to commit a crime.
7. Law Enforcement Exemntion. The nrovisions of this Section do not applv to do�s
used bv law enforcement officials for �olice work.
Section 1-270. POTENTIALLY DANGEROUS AND DANGEROUS DOGS:
ADDITIONAL REOUIREMENTS.
1. Enclosure. An owner of a votentiallv dan�erous or dan�erous do� shall keep the
do�, while on the owner's uro�ertv. in a nroner enclosure. If the do� is outside
the proner enclosure. the doQ must be muzzled and restrained bv a substantial
chain or leash and under the nhvsical restraint of a resnonsible person. The
muzzle must be made in a manner that will prevent the do� from bitin� anv person
or animal but that will not cause iniurv to the do� or interfere with its vision or
respiration.
2. Re�istration Renewal. An owner of a potentiallv dan�erous or dan�erous do�
must renew the reeistration of the do� annuallv until the do� is deeeased. If the
do� is removed from the iurisdiction. it must be re�istered as a potentiallv
dan�erous or dan�erous dog in its new iurisdiction.
3. Death or Transfer. An owner of a notentiallv dan�erous or dangerous do� must
notifv the Animal Control Officer in writing of the death of the do� or its transfer.
and must. if reauested bv the Animal Control Officer, execute an affidavit under
oath setting forth either the circumstances of the do�'s death and disnosition or the
comnlete name. address. and tele�hone number of the person to whom the doe has
been transferred.
4. Sterilization. The Animal Control Officer mav reQUire a potentiallv dan�erous or
dan�erous dog to be sterilized at the owner's expense. If the owner does not have
the animal sterilized. the Animal Control Officer mav have the animal sterilized at
the owner's ext�ense.
ORDINANCE NO.
5. Rental Pro�ertv. A nerson who owns a notentiallv dan�erous or dan�erous do�
and who rents pronertv from another where the do� will reside must disclose to
the pronertv owner nrior to enterin� the lease aereement and at the time of anv
lease renewal that the person owns a notentiallv dan�erous or dan�erous do� that
will reside at the nroperty.
6. Sale. A nerson who sells a notentiall�� daneerous or dan�erous doe must notifv
the nurchaser that the Animal Control Officer has identified the do� as potentiallv
dan�erous or daneerous. The seller must also notifv the Animal Control Officer
with the new owner's name. address. and telenhone number.
c'
Se tion 1-275. SEIZURE.
1. Immediate Seizure. The Animal Control Officer or anv police officer mav
immediatelv seize anv potentiallv dan�erous or dan�erous doe if:
a. within 14 davs after the owner has notice that the do� is potentiallv
dan�erous or daneerous. the doe is not re�istered as reauired under Section
1-265:
b. in the case of a dan�erous do�. within 14 davs after the owner has notice
that the doe is dan�erous, the owner does not secure the proper liabilitv
insurance or suretv coveraee as reauired under Section 1-265 (21 (b);
c. the do� is not maintained in the nroper enclosure;
d. the doQ is outside the nroner enclosure and not under phvsical restraint of a
res�onsible nerson; or
e. after the owner has been notified that the do� is potentiallv dan�erous or
dan�erous. the doe bites or attacks a nerson or domestic animaL
2. Reclaimed. A�otentiallv daneerous or daneerous do� seized under Section 1-275
(11 mav be reclaimed bv the owner of the do� upon pavment of impoundin� and
boardin� fees. and �resentine Droof to the Animal Control Officer that the
reauirements of Section 1-265 and Section 1-270 will be met. A do� not
reclaimed within seven davs of seizure mav be disposed of as nrovided in Minn.
Stat. �35.71. subdivision 3. The owner is liable to the Citv for costs incurred in
confinin� and disnosin� of the do�.
ORDINANCE NO.
3. Subseauent Offenses. If a nerson has been convicted of a misdemeanor far
violatinQ a �rovision of Section 1-265 ar 1-270. and the �erson is char�ed with a
subseauent violation relatine to the same do�. the Animal Control Officer mav
seize the do�. If the owner is convicted of the crime for which the doe was
seized, the Citv mav destrov the do� in a proner and humane manner and the
owner is resnonsible for �avin� the cost of confinin� and destrovin� the animaL
If the nerson is not convicted of the crime for which the do� was seized, the owner
mav reclaim the doe unon �avment to the Citv of a fee for the care and boardin�
of the do�. If the do� is not reclaimed bv the owner within seven davs after the
owner has been notified that the doQ mav be reclaimed, the do� mav be disposed
of as nrovided under Minn. Stat. &35.71. subdivision 3. The owner is liable to the
Citv for the costs incurred in confininQ. imnoundine. and disnosin� of the do�.
Section 1-280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
Notwithstandin� Section 1-265 to 1-275. a do� that inflicts substantial or �reat bodilv
harm on a human bein� on nublic or nrivate nropertv without nrovocation mav be
destroved in a proner and humane manner bv the Animal Control Officer. The do� mav
not be destroved until the do� owner has had the opDOrtunitv for a hearin� as described in
Section 1-255.
Section 2. This ardinance shall be effective after adoption and thirly days following its legal
publication.
Adopted this day of 2004.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Brackets indicate matter to be deleted, underline indicates new matter.)
470 Pillsbury CenGer
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 tele hone
P
(612) 337-9310 fax
c H A R T E R E D http:!/v,�rv��.kennedy-graven.com
CHA1tLES L. LEFEVE1tE
Attomey at Law
Direct Dial (612) 337-9215
Emai1: defevere@kennedy-b aven.com
Se�tember 3, 2003
Mr. Micllael McCauley
City Manager
City of Brooklyn Center
6�vi Sl�i��gie Cleek Pkwy
Brooklyn Center, MN 55430
Re: Reeulation of Do�s
Dear Mike:
We l�ave previously discussed certain infornlation about the regulation of dogs in general, and
potentially dangerous dogs and dangerous dogs u� particular. The Council requested a list of
additional regulations that it nught consider for regulation of dogs.
First, for background iilfornlatioil, State law provides certain definitions for dangerous dogs a��d
poteutially dangerous dogs, in Miruz. Stat. 347.50, subd. 2 and 3:
L(
Subd. 2. Dan erous do Danaerous do means au do that has.
g g b g Y g
(1) without provocation, inflicted substantial bodily hann on a
human being on public or private property;
(2) killed a domestic arumal without provocation while off t11e
o���er's property; ar
(3) been found to be potentially dangerous, and after the ov��ner has
notice that the dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers tl�e safety. of humans or domestic azumals.
Subd. 3. Potentially dangerous dog. "Potentially dangerous doa"
means any dog tl�at: y
(1) when unprovoked, inflicts bites on a hu.man or domestic anunal
on public or private property;
2 when un rovoked chases or a roac e a erso c a
O p pp h s p n, m luding
person on a bicycle, upon the streets, sidewalks, or any public or private
CLL-236939v1
BR29113
Mike McCauley Letter
September 3, 2003
Page 2
property, other than the dog owner's property, in an apparent attitude of
attack; or
(3) has a known propensity, tendency, or disposition to attack
unprovoked, causulg injury or otherwise threatening the safety of huma�ls or
domestic animals.
The temi "substantial bodily harni" is defined in Min.n. Stats. 609.02, subd. 7a as follows:
Subd. 7a. Substa�ltial bodily haml. "Substa�itial bodily harnl" means
�JGuliy 17'i�lli�' R'i21Ci1 li1VOiVP;S 3 tEiilj�Ci�1 j% �i7Ut SU�'iS:�alit:al til�i CT
which causes a ten�porary but substantial loss or unpainnent of the function
of any bodily member or organ, or which causes a fracture of any bodily
member.
The attached table shows existing local and state regulations relating to dogs, potentially da�lgerous
and dangerous dogs, aiid additional restrictions tllat the City Council may wish to consider. I�i
addition, I would reconunend the state law provisioils on dangerous dogs and potentially dangerous
dogs be iilcorporated into the City Code and that procedures be established for making dangerous
dog and potentially dangerous dog deternunations by the City.
Very truly yours,
Charles L. LeFevere
CLL:peb
Enclosure
CLL-236939v1
BR29]-4
RESTRICTIONS SANCTIONS IN ADDITIO�V TO PROSECUTION
EYisting Additional E�cisting Additional
All Dogs i-1 10 iuiisance to keep dog 19-105 can oi•der nuisance lose right to keep dogs if
in manner that abated excessive dog-at-large
unreasonabiy annoys eharges
1-1 1 i cannot run at large impound dog if excessive
19-104 only 2 dogs older dog-at-large charges
than 6 months
Microchip identification Add restrictions applicable add sanctions applicable
Potenti�lly to dangerous dogs to dangerous dogs
Dangerous
Dogs
dog must be registered annual fee dangerous dog can be killed if it
must be enclosed in proper require sterilization can't be impounded without
Dangero��s Dogs enclosure no more than one dangerous serious risk or it has made more
posted warning on properly dog per household than one attack on a person
$50,000 insurance (City Code)
annual fee up to $_S00 MS347.56 authorizes animal
microchip identification contro) authority to destroy a i
muzzled and leashed if dog tl�at has infl�cted
outside its enclosure substantial or gre.at bodily harm
may require sterilization on a human I
notification to landlord MS 347.54 dog may be seized
required if restrictions vic,lated and court
noti fication to purchaser of may order destruction of dog
dog required upon conviction
dangerotis dog tag MS 347.54 dog seized for
second violation and destroyed
upon conviction
C LL-234875 v 1
BR291-0
City Council Agenda Item No. 10'
J
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING 2004 BUDGET AUTHORIZATION FOR POLICE
SERGEANTS
WHEREAS, a review of supervisory needs and crime reduction initiatives in the
Police Department indicates the advisability of increasing the number of authorized sergeants in the
Brooklyn Center Police Department from the current five to a level of six sergeants; and
WHEREAS, an analysis of current staffing patterns indicates that the impact on the
overall Police Department budget would be neutral or relatively minor; and
WHEREAS, the proposed benefits of authorizing an additional sergeant position
through the elimination of a patrol officer budgetary authorization would not reduce the number of
sworn personnel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be and hereby is authorized to exceed the 2004 budgeted
authorization of five sergeant positions to authorize the City Manager to approve up to six sergeant
positions in the Police Departrnent with an overall target of remaining within the 2004 budget for
personnel services for sworn officers at the same level of funding set forth in the current 2004
budget.
Mav 10. 2004
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Co ilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: May 3, 2004
SUBJECT: Patrol Supervisory Sta�:fing
Last spring, the Police Department began a reorganization of its supervisory structure. We have now
had an opportunity to observe the working of that reorganization which eliminated the two captain
positions and reorganized to provide for 42 sworn positions in the budget versus 43 sworn positions.
This reorganization involved shifting crime prevention to a civilian position and the use of a patrol
officer for the Drug Task Force. The number of sergeants was reduced from six to five in the
proposal. As outlined in Chief Bechthold's memorandum, the actual use of the lieutenants and the
need in the detective division are such that Chief Bechthold is proposing to add an additional
sergeant, while reducing the number of budgeted patrol positions.
Chief Bechthold's memorandum contains certain assumptions regarding coverage through which the
shift to an additional sergeant position would be viewed as cost neutral. This cost neutrality is as
compared to the current situation of overtime for sergeants and senior officer pay. The supervisory
benefits associated with an additional detective are well articulated in Chief Bechthold's
memorandum. I am a bit less optimistic about the cost neutrality of the proposal, but would be
comfortable that the additional cost, if any in adding an additional sergeant would not be significant
and the supervisory and mission oriented benefits of adding a sergeant would be substantial. I am
enclosing two staffing charts. One is the staffing proposal that was made in 2003 and the other
shows the current staffing proposal for 2004. The attached resolution would authorize six sergeants,
rather than the current budget authorization for five sergeants. Currently, the budget authorizes 26
patrol positions and would in effect authorize 25 patrol positions (exclusive of a position that has
been authorized using grant monies). Pursuant to previous Council authorization, we do employ
more than the budgeted authorization of patrol officers with a target of expending funds equal to the
amount of money budgeted for patrol officers. This reflects vacancies that may occur during the
year, the use of family medical leave, and other leaves that result in cost savings to allow for a
fluctuating number of patrol officers based on actual experience.
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
F�IX (763) 569-3494
www. cityo fbrooklyncenter. org
ta n 2
4 Pr
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TITLE �CU RRENT PROPOSED
i
Chief 1 1
De ut� Ch ief 1 1
p, Y
Lieutenants 2 2
Ser eant�, 5 6
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Detectives 6 6
Officers 26 Patro 25 Patro
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1 Drug T,ask 1 Dru Task
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�o rce F o rce
Tota Swo rn 42 4?��
N LO's 2
Tota 44 44
ta n
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TITL,E CURRENT PROPOSED
Chief 1 1
Ca '�ains 2 1
p,
Lieuten� nts 0
2
Ser eant��,
g 6 5
Detectives 7 6
Officers 26 Patro 26 Patro
1 C�r�me Prev 1 DTF
Tota Sworn �3
42
N LO s 1 �2
Tota 44 44
pOLI F ����CtR
``o x�rrt c a y���
BROOKLYN CENTER
°L
POLICE DEPARTMENT 3���
MEMORANDUM
TO: Mike McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
DATE: April 16, 2004
SUBJECT: Patrol Supervisory Staffing
The police department's reorganization plan was approved in the spring of 2003 and its implementation
began shortly thereafter. In September of 2003, reorganization was completed with the hiring of the
deputy chief. Since that time, the police department has conducted an ongoing evaluation of the plan to
ensure that goals are being met. During this evaluation, we have learned that most of our goals are being
met and reorganization has served as the essential foundation for the department's crime reduction
strategy.
One goal that has been difficult to achieve is the lieutenant's role of providing supervisory coverage
during gaps in the patrol sergeant's schedule. Due to this finding, I am requesting one patrol officer
promotion to patrol sergeant. The position would be a relief shift sergeant and be responsible for filling
gaps in scheduling when other sergeants are off duty for training, sick or vacation time.
Background
Currently the patrol division operates with four sergeants. The patrol division sergeants are charged with
the following:
Direct supervision of patrol o�cers by providing direction, control, and coordination.
Responding to emergency and non-emergency demands of citizens in a timely manner.
Conducting prevention and other proactive patrol tasks effectively iiicluding community-oriented
policing and problem solving.
Conducting all other patrol tasks effectively including traffic control and special missions work.
Meeting all administrative requirements satisfactorily, including report writing, training, caurt, and
personal needs.
Ensuring the safety of the public and police officers.
Planning and preparing for Emergency Preparedness and Homeland Security.
Coordinating traffic programs such as Safe and Sober, Special Traffic Details and serving as a
liaison with the Hennepin County Traffic Advisory Committee.
Scheduling and supervision of bike patroL
Supervision of Community Service Officers.
Supervision and training of Field Training Officers and new officers.
Liaison with the police chaplains.
Communicating and routing citizen complaints and commendations.
Various tasks related to the maintenance and preservation of department equipment and building
areas.
2003 Staff Studv
In the department's 2003 staff study, reorganization recommendations included creating two patrol
lieutenant positions, and moving the patrol relief sergeant to oversee the supervision and management of
the detective division. The patrol lieutenants would then be responsible for implementing the
department's crime reduction strategy for their respective districts, assuming supervisory duties and
balancing the administrative workload of the patrol division. It was also envisioned that the lieutenants
could provide patrol supervision during gaps in shift coverage duties previously carried out by the relief
sergeant. These recommendations were implemented within the past year. Now, almost one year into the
implementation, we are able to analyze and more accurately calculate the capabilities and limitations of
the positions.
Relief Ser�eant moved to Sunervisor to Detective Division
Prior to assigning a sergeant supervisor to the division, supervisory oversight was provided by a captain
who�e direction was diminished due to a variety of other management responsibilities. To improve the
unit's efficiency, it was clear, that daily supervision was required. The sergeant supervisor has been
instrumental in providing continuous supervision by conducting unit meetings twice weekly to update
cases, share information, and assist one another. Furthermore, the supervisor is responsible for case
assignment and management, provides service to crime victims, assigns resources and provides oversight
in complex investigations, and serves as a liaison to the county and city attorneys. Overall, the detective
supervisor plays a key role in providing accountability and responsibility to the unit.
The Creation of Two Patrol Lieutenants
The patrol lieutenants have been in place for approximately ten months. During this evaluation time, we
have learned that they have done an excellent job in implementing the department's crime reduction
strategy for their respective districts, developing strong community relationships, assuming supervisory
oversight, and balancing the administrative workload of the patrol division. We have also learned that the
lieutenants cannot provide patrol supervision during gaps in shift coverage as originally thought. The
lieutenants have been tasked with, but not limited to, the following responsibilities:
District oversight.
Crime reduction strategies (i.e. identifying crime patterns and developing solutions).
On ca1124/7 every third week.
Directed patrol assignments and summaries.
Accepting, reviewing, and responding to citizen complaints/commendations.
Performance evaluations.
Communities/Neighborhood liaison.
Apartment Rental Managers (ARM) liaison.
Reviewing reports (approximately 30 a day).
Court notices.
Committees/projects/liaison (Safety/Traffic/Labor Management).
Liaison to Crime Prevention, Brookdale; and other community groups.
Bid scheduling and vacation scheduling.
MCD/Video cameras (monitaring, scheduling repairs, setting up, etc.).
Jail intake, tracking, and inspection.
Earle Brown Days (planning and preparing for security, traffic control, first aid, scheduling
reserves and explorers, and overtime, etc.).
Deer reduction planning and implementation.
Ride-alongs.
Emergency Operations Unit (coordinating training, call-outs, and critical incidents).
Dudley (organizing security).
Pets Under Police Security (PUPS) (attend board meetings, liaison resource, draft legal
correspondence related to the status of pets, etc.).
Building maintenance monitoring.
S ecial event a e
p s fety p rmits.
Given these administrative responsibilities, the lieutenants are tasked to the maximum. As such, it has not
been possible for the lieutenants to also be shift supervisors in the absence of a sergeant, which is
approximately 2239 hours a year, or just over one full-time employee. The issue of supervision for
discretionary time incidents is not a problem as there is always an administrative supervisor on call to
provide assistance or resources when time allows an officer to do that. The issue is supervision on the
street with non-discretionary time incidents. These include response to high risk calls, critical incident
management, pursuits and other in-progress and serious, potentially life-threatening crimes. Officers
need supervision on the street with them, ready to go when there are high-risk andlor critical incidents
with no discretionary time to act.
Problem Statement
There are an average of 2239 patrol hours a year that are not covered with a supervisor/sergeant (see
Appendix A). During these times, a senior patrol officer is in charge. The senior officers are not trained
to be supervisors. Their only qualification to be the senior officer is that they are senior to all others on
the shift. On the night shift, the senior officer may have only three years (or less) as a patrol officer. The
result is...
The patrol shifts are lacking trained supervisors who are able to make swift decisions, especially
during high-risk calls with no discretionary time.
The decisions made are inconsistent.
Three-year officers are making command decisions.
The accountability for ensuring that administrative tasks are completed properly is lacking (i.e.
coaching officers, discipline, report writing, etc.).
The potential risk that things will not be done right, and the predictable liability of that risk is
increased.
Solution
Every identifiable risk is a manageable risk. Properly managing risks prevents problems. In an effort to
minimize the risks associated with gaps in supervision, the BCPD has required sergeants to fill gaps in
supervision during the busiest hours of the day, which are 1800 to 2200 hours Monday through Friday,
and 1400 to 2200 hours on weekends. Sergeants work overtime to cover these shifts. Currently,
aggressive scheduling strategies have kept the average overtime to only (approximately) 12 hours a
month, which amounts to approximately $6912.00 annually in overtime costs.
This
method works as a temporary measure; but, for a variety of reasons includmg morale and vigilance,
is shortsighted for the long haul. As such, it is not considered to be a workable solution.
The solution is to manage the predictable risk created by a lack of supervision by increasing the number of
patrol sergeants by one. With a total of five patrol sergeants, it should address the majority of supervisory
coverage needed in the patrol division. It is also cost effective because with the current payout for seniar
officer pay and sergeant's overtime pay at about $10,912, the cost of a new sergeant is negligible (see chart
below).
Current Authorized Proposed
26 Officers 25 Officers
4 Sergeants 5 Sergeants
Tota130 Tota130
Costs
Costs associated with promoting officer to
sergeant (wage and benefits included): 10, 226
Deduct overtime pay for sergeants called in to (6912.00)
fill gaps in shifts (12 hours per month x$48.00
x 12 months):
(4000.00)
Deduct senior officer pay
(2000 hours x$2.00. It should be noted that in
2003 there were 2258 hours paid out in senior
officer pay):
Total annual cost associated with promoting (686.00)
officer to sergeant:
Appendix A—Patrol Sergeant Staffing
The current compliment of supervisory staff in the patrol division is four sergeants. The patrol division
works 24 hours a day, 7 days a week. This amounts to 8760 hours of patrol a year. In order to provide
patrol supervision on all shifts 24/7, the total number of supervisor hours needed is 8760 a yeax.
Current Situation
4 patrol Sergeants x 2080 hours 8320 hours currently scheduled.
Total amount of hours needed to cover patrol 24/7 8760 (365 days x 241�ours).
BCPD currently has a minimum deficit in supervisor hours totaling 440 hours.
Benefits deducted frorn each supervisor's 2080 1799 (see below).
BCPD currently has a minimum deficit in patrol supervisor coverage 2239 hours.
Currently BCPD is projected to under staff 440 hours a year of patrol (8760 8320 440). However,
each sergeant supervisor is also entitled to the benefits outlined below, which are deducted from the 2080
hours worked. When those hours are factored in, the following additional deficit in supervisary coverage
is noted:
Holiday 384 hours (96 x 4)
Vacation *584 hours
Sick time *254 hours
Training *577 hours
Total 1,799 hoursZ
Based on 2003 accumulated amount of time off in each category for Boie, Nadeau, Peirson, and Roth.
The total amount of hours needed to provide full patrol supervision is 2239 hours (8320 1799= 6521.
Subtract that from 8760, and that totals 2239 hours.)
Discretionary time tasks include tasks where the officer has time to think, access resources, and advise. These tasks
include report writing, most domestic violence incidents, SIDS and other child related matters, traffic stops where we have
information up front that there may be a larger problem than traffic, EOU operations, and other similar type situations.
2 These hours are deducted from the current total of 8320 combined hours of supervisory coverage, leaving a combined total
deficit in supervisory coverage of 2239 hours.
City Council Agenda Item No. lUk
I
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING 2004 WATER UTILIT� RATES, FEES,
AND CHARGES
WHEREAS, the City Council by Resolution No. 2003-178 adopted the
water utilit
y rates, fees, and charges for 2004; and
WHEREAS, the City of Brooklyn Center has provided for an odd-even
sprinkling ban in order to have sufficient water capacity to meet the water needs of the
businesses and residents of Brooklyn Center as well as maintain sufficient water levels
for fire protection; and
WHEREAS, the City Council wishes to provide for a fee in connection
with the violation of the Cit 's odd-even waterin ban.
Y g
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the 2004 water utility rate schedule be and hereby is amended to
provide for a charge of $25.00 per day for any utility user who uses City water in
violation of the Cit 's odd-even s rinklin
y p g watering ordmance or regulations.
Mav 10. 2004
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
AGENDA
CITY COUNCIL WORK SESSI4N
May 10, 2004
Immediately Following Regular City Council Meeting at 7:00 P.M
City Council Chambers
1. Council Member Niesen: Discussion of proclamations.
2. Discussion of Development Agreement Default with Talisman
3. Discussion of Tabled Rental Housing License Fee schedule
4. Miscellaneous
5. Adj ourn
City of Broaklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe
FROM: Michael J. McCauley
DATE: May 6, 2004
SUBJECT: Work Session Agenda Items
Agenda Item 1. At a recent Work Session, Councilmember Niesen requested an opportunity for the
Council to discuss the purpose of proclamations and their issuance. The matter is on the agenda to
discuss proclamations. (Deferred on Apri126
Agenda Item 2. This will be a verbal update/discussion.
Agenda Item 3. Materials will be sent out with the update on May 7�'.
6301 Shingle Creek Parkway Recreation and Community Center Fhone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
'City Hall TDD Nurnber (763) 569-330Q FAX (763) 569-3434
FAX (763) 569-3494
www. cityoft�rooklyncenter. org
a
Work Session Item 3
Rental Housin Materials
g
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and uncil Members Carmody, Lasman, Niesen, and Peppe
From: Michael J. McCauley
City Manager
Date: May 7, 2004
Re: Rental Housing License Fees
As indicated in Mr. Hoffinan's memorandum, the estimated annual cost of rental housing
administration (including inspections, licensing, and oversight) is the range of $100,000
on the conservative end and $130,000 on the higher end. Examples of substantial use of
staff time include the recently adopted rental housing ordinance. The police costs of
monitoring and working with rental housing would easily support a total cost of
adnlinistering rental housing beyond $130,000 per year.
We are experiencing a growth in single family rentals that results in increased and
repetitive inspections. The issue is that people are entering into a commercial venture
who are not responding to corrective orders in as timely a fasliion as many multi-family,
professionally managed properties (though we also find ourselves in very substantial
enforcement efforts with poorly managed large complexes).
Looking at an annual cost of inspection, enforcement, education, and administration in
excess of $130,000, our annual revenue is in the range of $62,000 per year. That revenue
is not even as licenses are on a 2 year cycle and one cycle has more units. Thus we
receive $74,OOQ in one year and $50,000 in the other year of the 2 year cycle.
The materials previously supplied are also attached. In the discussion on May lO the
Council may wish to consider a minimum fee for rental housing that reflects the
substantial efforts required for single family rental units. That is, perhaps a$450
minimum license fee should apply to single family units.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-34D0
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityo fbrooklyncenter.org
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: April 30, 2004
SUBJECT: Rental License Inspections
There are 76 apartment complexes (duplex and larger) in Brooklyn Center with a total of
3,357 units subject to the licensing requirements of Chapter 12. These numbers do not include
the 224 single-family homes that are currently used as rental property. (Note that we are adding
to the number of single-family rentals every week). With the notable exception of some
apartment complexes, a typical rental inspection would cover the common areas and enough of
the units to assure compliance with the ordinance. In some cases, a rental inspection would
involve every unit if the history or field observations warranted that degree of inspection.
In 2003, we would have inspected 37 complexes or 990 units plus 128 single-family
rental inspections. While we do not tract follow up inspections, it is not unusual to have issued
compliance orders that require follow up inspections. Single-family rental inspections are
different. Unlike the complexes that are familiar with the ordinance and have representative on
site, single-family owners renting their property tend to be less responsive to letters informing
them of the license requirements and setting inspection dates and times. It has been our
experience that single-family properties tend to require more inspections to achieve compliance
than larger complexes. As an example, last year the 128 single-family rental properties required
406 inspections. Since the first of this year, 31 additional single-family homes have applied for a
rental license. The vast majority of the new applications are Section 8 properties requiring an
additional and different type af inspection. Last year we performed 511 Section 8 inspections.
During even years, we inspect 39 complexes with 2,367 units and 96 single-family rentals. We
anticipate that the number of single-family rental inspections will continue to grow.
Rental inspection activity accounts for 20% to 23% of the inspections budget. Last year
Rental license fees amounted to approximately $47,000. Based on last years budget, the activity
cost between approximately $59,000 and $67,500. This cost does not include clerical support
which is funded under Planning. For fhe last 2 years, rental licensing has accounted for more
than 50% of the department secretary's time. The department secretary spends significant
amounts of time processing rental license application and coordinating inspection times. The
application process is often burdened with uncooperative owners requiring numerous contacts by
phone and mail. The cost of the administration of the rental license ordinance does not include
front desk time, nor does it include my time. Rental properties, absent major enforcement efforts
such as Suinmerchase, account for approximately 15% of my time especially with problem
properties. The City's cost for the department secretary's time and mine is approximately
$40,000. Finally, in any given year there will be a half dozen or more prosecutions for renting
without a license, failure to make necessary repairs and so forth. Such costs are unaccounted for
in these numbers. The actual cost of administering the rental license ordinance easily falls
between $100,000 and $130,000 annually. In essence, the City of Brooklyn Center is subsidizing
all rental units within the City.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING
LICENSE FEES
WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No.
2001-113 on August 13, 2001, which amended the fees to be charged for rental dwellings; and
WHEREAS, the City Council has determined that it wishes to establish a minimum
fee for multiple family dwellings to offset the expenses incurred by the City for rental inspection and
prosecution services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to amend the City's fee schedule for rental dwelling licenses as
follows:
Rental Dwellings Biennial Fee
Multiple Family Dwelling
Each Building $150
Each Unit $10
Minimum Fee $450
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.
Office of the City Clerk
City of Brooklyn Center
A Millennium Cornmunity
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: February 12, 2004
SUBJECT: Rental License Fees
In May 2001 the City Council reviewed and discussed rental license fees. In August 2001 the City
Council adopted a resolution increasing rental dwelling license fees to offset the expenses incurred by
the City for rental inspection and prosecution services. The new fees were effective in 2002.
The biennial fee structure adopted in 2001 included two rates, one for single- and two-family dwellings
($150 per unit), and another for multiple fanzily dwellings ($150/bldg., plus $10/unit). For many rental
properties the current fee structure recovers the costs to the City for rental inspection. However, the
multiple family dwellings in which there is one building with 14 or fewer units pays a rental license fee
of $160 to $290, less than the two-family license fee of $300. Of the City's 68 multiple family
dwellings, there are 41 complexes whose rental license fees are less than that of a two-family dwelling.
The license fee for these 41 multiple dwelling complexes does not cover the costs associated with
providing rental inspection and prosecution services.
A fee survey of other cities that license rental property has been campleted and the results are attached.
The fee structure varies by city, with some issuing annual licenses and others setting fees per unit only
or charging flat rate fees per unit group. I've converted each city's data to a two-year license fee in
order to make an accurate comparison.
The fee structure the City has established could remain the same, however, to cover the costs of City
rental inspection services, a minimum rental license fee of $450 for multiple family dwellings could be
established. The fee would generate approximately $10,000 of revenue to cover the inspection costs.
I've attached a resolution that would amend the rental license fees and establish the minimum fee for
multiple family dwellings.
6301 Shingle Creek Parkwczy 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. cityof brooklyncenter. org
Rental License Fee Comparison To Other Cities February 2004
�License Fee for Multi-Family Dwellinqs
�Brooklyn Center �$150/bldp, plus $10/unit (Two-year fee) OR $75/bldq, pius $5/unit Annually
�Brooklyn Park �$165/1-14 units; $11/unit for 15+ units (Annual Fee)
�Crystal �$120/bldq, plus $5/unit (Annual fee)
�New Brighton �$9.30/unit (Annual fee)
Robbinsdale �200/3 unit; $25d/4-12 units +$100; $15/unit for 13+ units (Two-year fee) OR
$10013 unit; $125/4-12 units +$50; $7.50/unit for 13+ units Annually
C
�TWO-YEAR RENTAL LICENSE FEES (Brooklyn Center compared to two-year cost for other cities)�
�Brooklyn Center �Brooklyn Park �Crystal �New Briqhton �Robbinsdale
�Single FamilY $150� $150� $200� No Fee� $100�
�Two-Family $300� $300� $240� No Fee� $175�
�1 Bldg w/3 Units $180� $330� $270� $55.80� $200�
�1 Bldg w/4 Units $190� $330� $280� $74.40� $350�
�1 Bldg w/5 Units $200� $330� $290� $93.00� $350�
�1 Bldg w/6 Units $210I $330� $300� $111.60� $350�
�1 Bldg w/7 Units $220� $330� $310� $130.20� $350�
�1 Bldg w/8 Units $230� $330� $320� $14$.80� $350�
�1 Bldg w/9 Units $240� $330� $330� $167.40� $350�
�1 Bldg w/10 Units $250� $330� $340� $186.00� $350�
�1 Bldg w/11 Units $260� $330� $350� $204.60� $350�
�1 Bldq w/12 Units $270� $330� $360� $223.20� $350�
�1 Bldq w/13 Units $280� $330� $370� $241.80� $365�
�1 Bldg, w/14 Units $290� $330� $380� $260.40 $380�
�1 Bldq w/15 Units $300� $330� $390� $279.00 $395�
�1 Bldq w/16 Units $310� $352� $400� $297.60� $410�
Revenue Increase With �450 Minimum License Fee
For Multiple Family Dwellings
Of Of Rental License Total Rental Increase
Bldgs Units Fee Under License Fee In Revenue
��so� $�oi Current Total Of Total Rental If $450 If $450
Bldg Unit Fee Structure Complexes License Fees Minimum Minimum
�1 3 $180� �1 4 $180 $450� $270�
`1 �4 $190I I�9 $3,610� $8,550� $4,940�
�1 �5 $200� �1 $200� $450 �250�
�1 6 $210� 2 $420� $900 $480�
�1 7 $220� 3 $660� $1,350� $690�
I $230I I1 $230 $450� $220�
�1 �10 $250� �1 $250 $450� $200�
�1 �11 $260� 9 $2,340� $4,050� $1,710�
�1 �12 $270� 4 $1,080� $1,800� $720�
�1 18 $330� �1 I �330I I $450I $120�
�1 22 $370I I1 I $370I I �450� $80�
(1 �24 $390� �1 $390� $450� $60�
�2 �8 I $380I I1 $380� $450� $70�
I �45 1 440� $20.250� $9 810
I