Loading...
HomeMy WebLinkAbout2018 04-23 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 23, 2018 6:00 p.m. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center April 23, 2018 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. A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. March 26, 2018, Legislative Session with Congressman Ellison 2. April 4, 2018, Joint Session with Commissions 3. April 9, 2018, Study/Work Session 4. April 9, 2018, Regular Session 5. April 9, 2018, Work Session b. Licenses C. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements d. Resolution Designating 2018 Planting List of Allowable Boulevard Tree Species e. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-09, 69th Avenue Greenway Fence Replacement Improvements CI'T'Y COUNCIL, AGENDA -2- April 23, 2018 f. Resolution Approving Final Plat for MOHS Addition 7. Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring April 27, 2018, to be Arbor Day and May 2018 to be Arbor Month in Brooklyn Center b. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty -Sixth Consecutive Year 8. Public Hearings None. 9. Planning Commission Items a. Planning Commission Application No. 2018-004, Submitted by Stephanie Alstead of BWBR, Requesting Approval of a Site and Building Plan for a Dry Room Addition (6800 Shingle Creek Parkway) 1. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-004, Submitted by Stephanie Alstead of BWBR, Requesting Approval of a Site and Building Plan for a Dry Room Addition (6800 Shingle Creek Pkwy) Requested Council Action: —Motion to adopt resolution. b. Planning Commission Application No. 2018-005, Submitted by Neal Thao of Noble Academy, Requesting Approval of a Site Plan for a Parking Lot and Driveway Expansion (6201 Noble Avenue North) 1. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-005, Submitted by Neal Thao of Noble Academy, Requesting Site Plan Approval for a Parking Lot and Driveway Expansion (6201 Noble Avenue North) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items None. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 23, 2018 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Wildlife Management Update: Canada Goose and Wild Turkey 2. 1St Saturday Marketplace PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Tobacco Purchase Age 21 (Brooklyn Youth Council) — June 2. Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) — May 3. Median Safety Ordinance — May 4. Park Dedication Fees — May Brooklyn Center Chicken Ordinance Proposal th Presented on May 15, 2018 By: Brooklyn Center Chicken FB Group of 80+ members Table of Contents Ordinance proposal ………………………………….. pg. 2 Advantages ..…………………….. ………… pg. 3-5 Common concerns ………………………………….. pg. 6-10 Definitions Chicken. A chicken (Gallus gallus domesticus) is a domesticated type of fowl that serves as an egg or meat source. Clucking. The sound uttered by a hen when laying eggs, brooding, or in calling her chicks. Crowing. The sound uttered by a rooster is the ‘singing’ of the rooster. Roosters crow for many reasons including: reacting to a disturbance, reacting to almost any kind of sound (cars, people, other roosters, other animals, etc.), guarding their territory, feeling threatened, a predator ‘trespassing’ on their territory, or just communicating with other chickens Coop- A chicken coop or hen house is a small house where, typically, female chickens or other fowl are kept safe and secure. There are nest boxes found inside the hen houses for egg-laying, and perches on which the birds can sleep. pg. 1 New Proposed Ordinance It is proposed that chickens be removed from Section 19-104. ‐ If the city feels chickenkeeping needs to be controlled more than is already adequately addressed by the current animal nuisance ordinance, it is proposed that an ordinance pertaining only to chickens be created. The following ordinance pertaining to chickens is then proposed (Proposed Ordinance): 1. Single family homes within the City of Brooklyn Center shall be permitted to keep laying hens for pets and household (not commercial) egg gathering. Those who rent a single or two family residential property is allowed, BUT ONLY IF the property owner provides a written statement to the City, confirming the tenant may have chickens on the property. 2. Roosters and slaughtering are prohibited. 3. Chickens and their enclosures must not be visible from the street. 4. Coops and Runs must be constructed in a workmanship manner, maintained in good repair, and kept clean and sanitary to deter vermin and objectionable odors. Coops and runs may be constructed with wood and. Or woven wire materials to allow chickens to contact the ground. 6. Limit to 6 Hens per household 7. Feed must be kept in a tight lid container and waste must be either composted or discarded appropriately It is unnecessary to require licensing of hens, just as Brooklyn Center does not require licensing of dogs, cats, or any other animals. There is also no need for setback requirements, as outdoor dogs — much more likely to jump on fences or bark loudly at neighbors, as well as produce five times the amount of excrement — are not required to be kept any distance from the property line. And as signatures of consent are not needed for neighbors to own dogs (large or small, noisy or not), it similarly does not make sense to require hen owners to acquire such consent. These types of unnecessary restrictions do not produce better animal owners and in many cases can be struck down as unconstitutional in the face of established property rights. In the unlikely case that an animal owner is neglectful, their animals will be a nuisance (whether that be dogs, cats, chickens, etc). Since Brooklyn Center already has an animal nuisance ordinance in place, Brooklyn Center residents would remain protected. pg. 2 Advantages  Fresh Eggs! This is the obvious reason – you’ll have a supply of fresh eggs on hand. Not to mention the convenience, as you’ll have absolutely no need to get out of your pajamas and head to the store to make a fresh, healthy breakfast.  Organic & Non-GMO- Caged hens are fed a diet of corn, soy and cottonseed meals … three huge GMO crops. If you really take the old saying ‘you are what you eat’ to heart, then you’ll be wary of eggs which come from these hens. By keeping your own, you know exactly what they’re eating and can avoid feeding them engineered and antibiotic laden crops.  Greater Nutrition- Free range eggs from your backyard have been shown to have a far greater nutritional value than nasty battery eggs. There is more than seven times the Vitamin A and Beta Carotene (essential for good eyesight) and almost double the Vitamin E in free range eggs. When it comes to the essential fatty acid Omega 3 (which is necessary for heart health, healthy cholesterol levels and positive mental and behavioral health) the free range variety win again with an incredible 292mg, versus a 0.033mg in store bought eggs. You’ll also get less saturated fat in free range eggs (Left is store bought right is fresh from the coop)  Educational Value- Did you know chickens have a great memory and can differentiate between over 100 human or animal faces? They love to play, they dream, they mourn for each other and they feel pain and distress. They also make great mothers – they talk to their chicks while still in the egg, and turn the eggs about 50 times a day. The term ‘pecking order’ didn’t come out of nowhere – hens have an ordered social structure based on a hierarchy. If you make room for them in your back garden, you and your family will get to learn all about these fascinating creatures up close. pg. 3  Free Fertilizer- Maybe free chicken manure isn’t something to get too excited about, but if you’re proud of your garden it can work wonders. Chicken manure is actually classed as being one of the most desirable manures due to its high nutrient level. Utilizing this is an important part of sustainable and organic agriculture. It’s estimated that having between 5 and 10 chickens should produce enough fertilizer to take care of your entire vegetable garden and yard for the year. It’s also great to add to your compost.  Pest Control- When you get have backyard chickens, you’ll have a great excuse to ditch the pesticides and chemical-laden bug killers. Your chickens will do that job for you. They eat pretty much any bug including beetles, slugs, ticks and grasshoppers.  Cuts down on food waste - Nationwide, food scraps make up about 17% (29 million tons) of what is sent to landfills, and yard waste is slightly more at 33 million tons. Your chickens can help you out here too! In addition to some chicken food, they’ll eat pretty much most kitchen scraps – fruit and vegetable peelings, bread, cooked beans, cooked rice, oatmeal, pasta … and the list goes on.  Weed Control- Chickens may just be the perfect sidekick for every gardener. A source of pest control and manure all in one, they also will rid your garden of those invasive weeds that pop up all over the place. As they scratch and claw the ground, they eat and disperse all those weed seeds that have blown in. Next year, you’ll be amazed at your neat and tidy garden.  The social aspect- Would you believe there are entire communities dedicated to raising backyard chickens? Just do a quick internet search and you’ll see. It’s a great way to share your newfound passion with others, to pick up some tips and tricks, and to brag about how great the new additions to your family are. It’s good for real-life socializing too. Mentioning you keep chickens is a great conversation starter and I’ll bet your kids’ friends want to come over and check out these cool creatures.  Cuts down on food miles- We’ve all heard of food miles – the distance over which a food item is transported from producer to consumer. Well, you can’t cut down on this particular type of environmental impact much more than keeping a source of food in your own back garden. As you also clock up miles getting waste foods away from you and to the landfill, it seems these useful creatures save you miles twice when they gobble up your table scraps too! http://www.naturallivingideas.com/20-convincing-reasons-to-keep-backyard-chickens/ pg. 4 Common Concerns “Chickens are smelly!” Chickens don’t smell bad any more than other pets do. A properly clean chicken coop has no objectionable odors. While it’s certainly true that if your chicken coop is seldom or never cleaned, it will begin to smell, the same is true of a cat box that is never cleaned, or a dog kennel that is never cleaned. There are laws against animal cruelty, animal neglect, animal abuse, and so on that apply to all pets. The bottom line is that responsible people give their pets proper care and provide them with a clean environment. “Laying hens are loud!” The truth is that a flock of laying hens is actually quiet, far quieter than dogs are. A hen will cackle or squawk when she lays an egg. That occurs once a day—or less, depending on the breed and age of the hen, as well as the season. The noise level for the squawk after egg laying is up to 60 decibels at its very loudest, or about the same volume as a normal conversation between two people… and in the same range of noise volume made by an air conditioner, a washer, or a flushed toilet. That’s as loud as they get. Lawn mowers and barking dogs register at around 90 -100 decibels, much louder than a few hens. And roosters can be loud, sure–about as loud as a barking dog–but roosters are not required for egg production. The noise argument is based on basic ignorance about chickens and biology. Many uneducated people think they will hear crowing if their neighbors keep hens for eggs, because they think a rooster is required for egg production… but he’s not. Human women ovulate regardless of whether a male is around or not, and so does a hen. Remember, roosters are only required if you want your hen’s eggs to be fertile! pg. 5 “Chickens will attract wild animals to my neighborhood!” Presuming you keep everything clean and tidy with your pet chickens just as you would when keeping a pet cat or dog, raising chickens doesn’t make rodents or other pests magically appear from thin air. While it IS true that if there are any pests already in your neighborhood, they might be attracted to chicken feed if you spill it or don’t keep it secured, they would be just as attracted to spilled or unsecured cat or dog food, wild bird feed, a koi pond, or even to your family’s food waste discarded in unsecured outdoor garbage cans or compost piles–and all of those probably already exist in most neighborhoods, anyway. Chicken food is no different from any other pet food in that respect. If you do have small rodents in your area, a flock of chickens can actually reduce their number, since some breeds will catch and eat small mice and moles like cats do–chickens will eat small snakes, too. Plus, they eat other pests like ticks, mosquitos, grasshoppers and the like. “Legalizing chickens will negatively affect property values” Not true. Take a few moments to read some old news stories about the legalization of backyard chickens, and you’ll notice that no actual evidence indicating that property values drop due to backyard chickens is EVER cited. Instead, the media will report that opponents simply have a “fear” of reduced property values. It seems to me that reporters should follow that claim up with actual data… but there is none to be had (and you know the media these days). So this argument is like a bogeyman: it’s not real, but is frequently employed to frighten people into a position of compliance and fear. We’ve heard stories about realtors who feel that the right to keep a small flock of chickens could attract people to buy. Especially those of younger families who have a desire to be more connected to their food. Rather than driving neighbors apart, chickens are usually conversation starters, particularly unusual breeds like Polish with their huge crests, or Silkies with their fur-like feathers. And today’s small flock chicken coops are boutique, high-end items designed to look pretty in the yard. Remember, neighbors who want to keep chickens are just that: your neighbors. They care about the value of their homes and the quality of life in their community just as much as opponents of backyard chickens do–maybe more. People who keep backyard chickens are often involved in many other hobbies that add value to your neighborhood, including flower or vegetable gardening, beekeeping, growing fruit trees or berry bushes and so on. Think about it: this is exactly the sort of thing that can enhance community feeling and friendship in your neighborhood. Imagine a neighborhood where your neighbors share berries, fresh eggs, zucchini and tomatoes with you… and you might “lend” a cup of sugar or share a mug of coffee. That’s what good neighbors do. That’s why some of the most expensive and exclusive communities in the country allow small flocks of laying chickens. For example, New York, Portland, Chicago and Boulder–cities with some of the highest property values in the country–allow hens. If keeping chickens negatively pg. 6 affected the property values of the communities that permitted them, surely the communities would be taking steps to repeal them based on this mounting evidence, right? This is not happening. Instead, in some areas with high property values, the regulations are actually becoming more permissive with regard to backyard chickens, presumably because these places have found that the quality of life has improved. For example, in 2010, Seattle went from allowing families 3 hens to allowing 8 hens, a much more reasonable number if your family eats lots of eggs, especially if you don’t want to be limited to getting only the breeds with the highest egg production. The “property value” argument is typically based on emotions and other evidence-less prejudices. There is zero evidence that legalizing pet chickens has affected property values. “People who want to keep chickens should just move to the country!” This is probably the most ridiculous “argument” of all, if it can even be termed an argument. In the United States, no matter where you live, you have basic rights that allow you to enjoy your own property… but that means your neighbors have the same rights to enjoy their property, as disappointing as some may find that to be. If YOU are unduly bothered by your neighbors–when their activities don’t affect property values, produce foul odors, loud noise, excess waste or present other actual problems–then YOU are the one who’ll need to consider moving out of town and into the country. https://blog.mypetchicken.com/2012/07/20/the-6-silliest-arguments-against-backyard-chickens/ “Having Backyard Chickens increases the risk of diseases.” Healthy birds will be active and alert with bright eyes. They will be moving around — pecking, scratching, and dusting — except on hot days when they will find shade. Chickens that are healthy and active will also talk and sing quietly throughout the day. As far as laying and eating habits, each chicken is different, so monitor each chicken to get a feel for her normal production and consumption. Healthy droppings will be firm and grayish brown, with white urine salts. Chickens raised in backyard settings generally stay healthy and are not easily susceptible to diseases. The easiest way to find disease in chickens is to know what a healthy bird looks like. When a chicken isn’t acting normal, for instance if she doesn’t run to the food as usual or she wheezes or sneezes, start investigating. The table below lists some possible causes of illness to chickens. pg. 7 Infectious (invasion by another Noninfectious (nonbiological in origin) organism) Bacteria Chemical poisoning Mold and fungi Hereditary defects Parasites Nutritional deficiencies Viruses Unknown causes http://www.extension.umn.edu/food/smallfarms/livestock/poultry/backyard-chicken- basics/ Avian Influenza A Virus Infections in Humans Although avian influenza A virus that usually does not infect people, but rare cases of human infection with these viruses have been reported. No reports of the Avian Influenza in humans have been reported in the United States. Infected birds shed avian influenza virus in their saliva, mucous and feces. Human infections with bird flu viruses can happen when enough viruses gets into a person’s eyes, nose or mouth, or is inhaled. This can happen when virus is in the air (in droplets or possibly dust) and a person breathes it in, or when a person touches something that has virus on it then touches their mouth, eyes or nose. Rare human infections with some avian viruses have occurred most often after unprotected contact with infected birds or surfaces contaminated with avian influenza viruses. However, some infections have been identified where direct contact was not known to have occurred. Illness in people has ranged from mild to severe. Bird Flu Outbreaks in Birds Outbreaks of bird flu happen among birds from time to time. When deadly bird flu outbreaks happen in U.S. poultry, the United States Department of Agriculture (USDA) works with industry, state and other government partners to stop the outbreak so that it does not spread to other poultry. The Centers for Disease Control and Prevention works with partners to protect the public’s health during these outbreaks. The risk to the public from bird flu outbreaks is low; however, because other bird flu viruses have infected people, it is possible that human infections with these viruses could occur. Risk depends on exposure. People with no contact with infected poultry or contaminated surfaces are thought to be at very low to no risk of infection. People with close or prolonged unprotected contact with infected birds or contaminated environments are thought to be at greater (though probably still low) risk of infection. pg. 8 Salmonella: Humans do not catch salmonella from chicks or chickens the way you would catch a cold from your neighbor. Salmonella is food poisoning; you get it from eating infected meat or eggs. Even then, in order to get a case of salmonella, the meat and eggs you have eaten must be improperly prepared, that is, not completely cooked through. Or, you can also get salmonella by getting your hands or something else contaminated with feces and then putting that thing in your mouth. People more at risk for contracting Salmonella are very young, very old, and pregnant or have immune systems that are already compromised in some way. The best way to keep your children and family safe from infection is by keeping your own hens whose conditions you can monitor, and by having your family members wash their hands after dealing with chickens. You want to have them wash hands after dealing with any pets, for that matter. Alcohol is an effective sanitizer for salmonella bacteria. But when it comes to issues with Salmonella, contamination is FAR more of an issue with factory farmed birds that produce eggs for grocery stores, not with your backyard pets. This is because the conditions chickens are kept in at factory farms are simply terrible. (You can Google information about this if you have a strong stomach, but to give you an idea, some of the conditions birds are forced to endure in factory farms include having to share cages or space with—and lay eggs on—other dead and rotting birds.) Since salmonella is food poisoning, it isn’t an illness that passes from person to person or hen to hen like a cold. When chickens get salmonella, it is usually the result of hens eating rat droppings or worse in their tiny, dirty spaces at commercial egg farms. Yuck. Presuming you don’t keep your hens in the same inhumane circumstances they are kept in at factory farms---that is, presuming your coop is clean and roomy and you provide fresh food and water for them at all times---it is doubtful your home flock would contract salmonella. Birds in factory farms have immune systems that are already stressed by the terrible conditions they experience every day. At home, salmonella illness in your hens is easy to prevent: keep the coop clean and your hens happy. And most importantly, be alert to sign of illness so that if there is a problem, you can take care of it. But do be aware that your hens don’t have to be sick with salmonella to transmit it to you. Remember, salmonella and other bacteria can be present in small quantities the feces of animals (including dogs and cats) whether they are sick or not. So when you pick up your bird who has been walking in and pecking around poopy litter, just wash your hands… the same way you’d wash your hands if your dog—who has been nibbling on canine-enticing cat poop in the yard—licks your fingers with doggy love. Use common sense. pg. 9 A hen actually sick with salmonella will be immediately obvious: she will be weak, purple-combed, and have watery diarrhea as well as reduced egg production. In fact, it’s hard to imagine that all those sick hens went unnoticed at those factory farms for so long. Even if workers could not manage to differentiate the symptoms of salmonella from all the other symptoms of distress that factory farmed chickens have routinely, surely they would have noticed the big drop in production. After all, even if factory farms don’t care about the welfare of their birds, they DO care about production—it’s what compels them to keep the birds in such terrible, dirty, cramped conditions in the first place. It’s just cheaper. For that reason, it’s rather terrifying to think they just kept selling their eggs when they must have been aware of a potential problem. https://www.mypetchicken.com/backyard-chickens/chicken-help/Is-Salmonella-a-concern- with-backyard-chickens-H19.aspx Thank you for your time and consideration regarding this proposal. pg. 10 City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA LEGISLATIVE SESSION WITH CONGRESSMAN ELLISON MARCH 26, 2018 CITY HALL— COUNCIL COMMISSION ROOM 1. WELCOME BY MAYOR TIM WILLSON & INTRODUCTIONS The Brooklyn Center Legislative Meeting with Congressman Keith Ellison was called to order by Mayor Tim Willson at 5:09 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present: City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Communications and Community Engagement Coordinator Angel Smith, Finance Director Nate Reinhardt, Public Works Director Doran Cote, Community Development Director Meg Beekman, and Deputy City Clerk Rozlyn Tousignant. Others present were U.S. Representative Keith Ellison and District Director Jamie Long. 2. FEDERAL UPDATES & TOP PRIORITIES BY CONGRESSMAN KEITH ELLISON Congressman Ellison stated his appreciation for the City of Brooklyn Center's Council and Staff. Congressman Ellison addressed the $1.5 trillion spending bill in Washington, D.C., and addressed the $78 billion increase in military spending, and the $2.8 billion allocated to the Census. Worker tips have become a debate, whether tips belong to the server or the owner/establishment; tips have been ruled to be the property of the servers. Congressman Ellison also illustrated that $2.8 billion increase in funds to address the opioid crisis. _ Congressman Ellison addressed the issue of gun -control, and shared that the former ban against researching gun violence has been lifted. Opportunity Zones were discussed. Congressman Ellison explained that the Governor designates certain distressed areas to benefit from the program. Staff informed Congressman Ellison that the City of Brooklyn Center is working with Hennepin County to submit two census tracks within the City. Congressman Ellison brought up an event he is hosting on April 5th at 8:30 a.m. at 800 North Broadway; the event is focused around the eviction crisis. Congressman Ellison briefly mentioned the importance of affordable housing and transportation, college debt, and gun regulation. 3. CITY PRIORITIES BY MAYOR TIM WILLSON 03/26/18 -1- DRAFT Mayor Willson addressed the issue of the funding and planning .to work on TH 252. Mr. Boganey and Mr. Cote addressed the safety issues of TH 252 and the lack of funding to complete the project. Congressman Ellison stated his interest in helping to facilitate the project moving forward. Mayor Willson highlighted the work the City does every other year, to focus on shaping City Strategic Priorities and what areas will best benefit Brooklyn Center residents. 4. OPEN DISCUSSION Councilmember Ryan addressed the Congressman regarding the concern in regards to Highway 66 and the Federal Highway Trust Fund. Councilmember Graves brought up the LifeBOAT Act and the opioid crisis and whether there are any other efforts to address other types of substance abuse. Congressman Ellison discussed the "War on Drugs" and that many have considered it a failure, and how the conversation regarding addiction crisis has now changed. Councilmember Graves addressed naturally occurring affordable housing and asked the Congressman to share resources regarding the issues of affordable housing. Congressman Ellison shared some of the fallout that can happen when landlords evict and again mentioned the Summit to Address the Eviction Crisis. Mayor Willson shared that a Hennepin County judge is aiming to get a group together to try and help resolve some of these issues. Councilmember Butler stated that, as a Councilmember, she is limited in regards to changing the housing situation for residents. Councilmember Butler also shared that the City Staff does a good job at reaching out to landlords regarding issues there may be. Councilmember Ryan addressed Social Security and the concerns among the aging population in the country regarding the defiinding of Medicaid and other programs that assist the elderly. 5. CLOSING REMARKS BY CONGRESSMAN KEITH ELLISON AND COUNCILMEMBERS Congressman Ellison stated his approval of the provided materials for the meeting, as well as his appreciation for the work that the City of Brooklyn Center's Council and staff do. 6. PRESENTATION OF A TOKEN OF APPRECIATION TO CONGRESSMAN ELLISON Congressman Ellison was presented with a City of Brooklyn Center "swag bag." 7. ADJOURN Meeting was adjourned with a photo at 6:01 p.m. 03/26/18 -2- DRAFT 04/04/18 -1- 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 RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 4, 2018 COMMUNITY CENTER – CONSTITUTION HALL RECEPTION A reception and general conversation period was held in Constitution Hall from 6:00 p.m. until 6:20 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Financial, Housing, Northwest Suburbs Cable Communications, Park and Recreation, Planning, Shingle Creek and West Mississippi Watershed Management, and Sister Cities Commissions and was called to order by Mayor Tim Willson at 6:12 p.m. INTRODUCTIONS Mayor Willson welcomed the commissioners and stated appreciation for staff and commissioners. City Manager Curt Boganey welcomed all those in attendance. He stated he appreciated all their work and guidance. IN ATTENDANCE Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. City Staff present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Activities, Recreation & Services Director Jim Glasoe, Finance Director Nate Reinhardt, Public Works Director Doran Cote, Community Development Director Meg Beekman Police Chief Tim Gannon, Fire Chief Jeremy Hulke, City Planner and Zoning Administrator Ginny McIntosh, Community Development Deputy Director Jesse Anderson, and Deputy City Clerk Rozlyn Tousignant. Commissioners present were Charter Commissioners Donald Bumgarner, Kathryn Ellgren, Mark Goodell, Robert Marvin, Beverly Rieschl, and Judy Thorbus; Financial Commissioners Anna Burke, David Dwapu, Teneshia Kragness, Abate Terefe, and Dean Van Der Werf; Housing Commissioners Kathie Amdahl, Mark Goodell, Paul Oman, Joan Schonning, and Michael Stokes; Park & Recreation Commissioners Travis Bonovsky, Jill Dalton, Thomas Schinnick, Bud Sorenson, Judy Thorbus, and Jerome Witalka; Planning Commissioners Randall Christensen, Alexander Koenig, Stephen Schonning, and Susan Tade; and Northwest Suburbs Cable Communications Commissioner Darryl Sannes. 04/04/18 -2- DRAFT PRESENTATIONS BY CITY COMMISSIONS Charter Commission: Charter Commission Chair Mark Goodell provided an overview of the Commission. In 2017, Charter Commission began looking at election judge training and alternatives to holding special elections. Mr. Boganey asked what is on the agenda for the 2018 Charter Commission agenda. Mr. Goodell responded that the Charter Commission would continue to look at special election procedures. Financial Commission: Financial Commission Chair Teneshia Kragness provided an overview of the Commission activities. The primary goal is to work on the budget. The Commission worked with the Mayor and City Council, City Manager, and Staff. The Commission is continuing to focus the success and improvement of the Centerbrook Golf Course. Charter Commissioner Marvin asked about taxes and tax increases, Commissioner Kragness clarified the increase; Mayor Willson also gave a brief overview of the 30 year Capital Improvement fund. Housing Commission: Housing Commission Chair Mark Goodell provided a PowerPoint overview of the Housing Commission activities. Updates were provided about the New Neighbor Welcome Program, Local Business Promotion Program, and the future review of the Housing Commission mission/resolution. Mr. Boganey inquired about the number of New Neighbor bags provided during the winter; Mr. Anderson responded anywhere between 30-60 bags. Northwest Suburbs Cable Communications Commission: NWSCCC Commissioner Darryl Sannes provided a brief overview of the Commission. Commissioner Sannes highlighted the concerns of online video streaming platforms and small cell antennas. Commissioner Goodell asked what the level of contact between the NWSCCC Commission and small cell providers, Commissioner Sannes explained there isn’t a high level of contact between the two. Park and Recreation Commission: Park and Recreation Commission Chair Bud Sorenson provided a PowerPoint overview of Park and Recreation Commission activities. The Commission participated in several activities including reviewing capital improvements, park monitoring, neighborhood meetings, Centerbrook Golf Course improvements, and continued C.A.R.S Activities monitoring. Planning Commission: Planning Commission Chair Randall Christensen provided a PowerPoint overview of the Commission activities. Questions were asked regarding several Capital Improvement Projects expected to take place in 2018. Mayor Willson addressed the HOM Furniture development. Councilmember Ryan mentioned The Sanctuary and asked if the Planning Commission has seen any plans regarding an adult day care facility nearby, Commissioner Christensen stated he was not aware of seeing any plans. Mr. Boganey asked about the Comprehensive Plan; Mr. Christensen stated that the goal was to get the information about the Comprehensive Plan out to more residents to inform the community. Shingle Creek and West Mississippi Watershed Management Commission: City Manager Curt Boganey provided a brief overview of the Watershed Commission duties. Mayor Willson shared 04/04/18 -3- DRAFT that the Commissioner for the City is David Vlasin and the Alternate Commissioner for the City is David Mulla. Sister Cities Commission: Dr. Edwards provided an overview to the group of the new Sister Cities Commission. Mayor Willson mentioned the staggered structure for appointment terms. Dr. Edwards also addressed the lack of a residency requirement for the Commission. Mr. Boganey added that the City currently has Voinjama, Liberia as a Sister City. After the Commission reports, Mayor Willson addressed the Open Meeting Law and reminded the Commissioners to be mindful that group messages/emails count as a quorum as well. Mayor Willson continued to invite anyone who would like to attend the upcoming open joint Financial/Council meetings. Lastly, Mayor Willson shared information from a recent article on the City’s Opportunity Site. Councilmember Graves shared information about the Brooklyn’s Youth Council. Mayor Willson addressed other youth engagement efforts within the City of Brooklyn Center, including the Brooklyn Bridge Alliance for Youth’s BrookLynk Internship program. PRESENTATION OF CERTIFICATES OF PERFECT ATTENDANCE Mayor Willson invited Mr. Boganey to present Certificates of Perfect Attendance to commissioners who attended all of their Commission meetings in 2017. Recipients included Charter Commission- Mark Goodell, Mawuli Blabuh, Donald Bumgarner, Kathryn Ellgren, Robert Marvin, Mary O’Connor, Beverly Rieschl, Mark Yelich; Financial Commission- Anna Burke; Housing Commission- Kathie Amdahl; Planning Commission- Stephen Schonning, John MacMillan. For those commissioners who were not able to attend, the certificates were given to the Commission Chairs for distribution. Mayor W illson thanked everyone for their dedication and attendance. COMMENTs FROM DEPARTMENT DIRECTORS Mayor Willson and Mr. Boganey extended an invitation to the Department Directors to share any pertinent information for the group. Chief Gannon invited the Commissioners to the upcoming Police-Citizen Award Night. Councilmember Graves inquired about the MAC meetings; Mr. Gannon gave a brief explanation of what the MAC meetings are about. Chief Hulke shared information about the Fire Department recruitment for Firefighters. Mr. Cote explained that the construction season is ahead and gave a brief overview of the projects planned for 2018. Mr. Glasoe addressed the delayed open for Centerbrook Golf due to the weather. Mr. Glasoe also thanked the Commissioners for their work. 04/04/18 -4- DRAFT Dr. Edwards shared that April 22nd will be the City-wide clean-up effort. Mr. Reinhart explained the budgeting process for the City and the recent annual audit. Ms. McIntosh informed the group that the Planning Commission typically meets every other Thursday of each month, but that the Commission was trying to limit their second meetings of the month for discussion and input with the consultant on the comprehensive plan process, as the Planning Commission is the designated “working group.” Ms. McIntosh also shared that the next Planning Commission meeting (Thursday, April 12th) would feature a review of a proposed, approximately 13,000-square foot dry room addition at Medtronic, and a site plan review for a proposed expansion to the parking areas and driveway at the former Odyssey School on Noble Avenue. Noble/Nompeng Academy is moving in and hoping to have the school ready for this coming fall. Planning Commission meetings are open to the public and all are welcome to attend. Mayor Willson shared that the bonding for Noble Academy is moving forward. Ms. Beekman stated that the 2040 Comprehensive Plan update was currently underway. Ms. Beekman followed up by informing the group that the Planning Commission would be reaching out to the other City Commissions in the coming months to allow them the chance to review draft comprehensive plan information and offer feedback. Mr. Anderson explained that the spring has been a busy time for inspection staff as a result of all of the redevelopment. Staff has been completing many plan reviews for upcoming projects as well as many projects that are underway. Mr. Anderson also shared that the Topgolf site requires daily inspections. Mr. Boganey stated his appreciation for the Commissioners and the hard work that they do. Mayor Willson reiterated thanks to the Commissioners but also to the City staff. ADJOURNMENT The meeting was adjourned by Mayor Willson at 7:48 p.m. 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/WORK SESSION APRIL 9, 2018 CITY HALL — COUNCIL CHAMBERS The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were present. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following correction to the Study/Work Session minutes of March 26, 2018: Page 1, Paragraph 5, Line 2: "He noted he is in agreeance..." change to "He noted he is in agreement... It was the majority consensus of the City Council to accept the correction to the March 26, 2018, Study/Work Session minutes. Councilmember Ryan suggested there may be some corrections to be made in the rental license application for property 5301 Russell Avenue in Agenda Item 10al. He stated that the amount of citations listed sounds incorrect, as well as the amount listed for the re -inspection fee. He noted those should be reviewed, as he is not certain if these are clerical errors or not. MISCELLANEOUS Backyard Chickens/Fowl — Councilmember Ryan Councilmember Ryan asked that the issue be deferred in lieu of the Affordable Housing issue which should take priority right now. Councilmember Ryan stated there are many public health issues regarding this topic that will need to be discussed at length. He is concerned about neighbor to neighbor conflict and would like to make sure the public has all the information they 04/09/18 -1- DRAFT need to make informed decisions on their stance with this topic. City Manager Curt Boganey asked if the newest Councilmembers have had a chance to review the information provided to them and if so, do they have a position on this topic. Councilmember Butler stated she has reviewed the information and is open to looking at this topic more and gathering information. She stated when she attended the Housing Commission meeting, and it was noted they could use more work and this topic could be a good one for them to handle. Councilmember Ryan asked if the City Council can ask the Housing Commission to review certain items first due to the level of importance. He stated he would like to suggest they review the Affordable Housing issue first. Mr. Boganey stated there seems to be a consensus on having the Housing Commission review this item further and noted the issue of when they bring the topic back to the City Council will depend on what the City Council is working on at that time. Mayor Willson stated that sounds like a good plan and noted Mr. Boganey knows their work load and can bring it back when he feels it will work best for the City Council. Update — Topgolf Birds Community Development Director Meg Beekman introduced and provided an update on this item. She stated Topgolf indicated the netting they use is very fine mesh and the same type of netting that is used in the aviation field. She stated they haven't had any reports of actual birds having gotten caught in the netting but noted they do know that the birds tend to fly into and sort of bounce off the netting. She noted Topgolf stated if it did become a problem they would install "squawk boxes" that are posted on top near the netting to deter the birds from flying over there. Councilmember Ryan asked if staff had been in touch with Mr. Peterson. Mr. Boganey responded affirmatively. Mayor Willson stated the consensus of the City Council is to have staff keep an eye on this issue. Emancipation Procession to State Capital and 15 -Daft Mr. Boganey introduced this item and stated there is a handout for the review of the City Council. He stated he just wants everyone to be aware of this event happening in Brooklyn Center. Mr. Boganey stated this week, the weekly update will not be hand delivered, but will be sent electronically to their new iPads. Mayor Willson stated he is considering using the FBI visit to the Quantico Training facility in July as his annual trip. Councilmember Ryan asked if Mayor Willson is planning to go to the Mayor's Conference again 04/09/18 -2- DRAFT this year. Mayor Willson noted he is trying to make a decision on which events he will attend. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS REVIEW DRAFT LANGUAGE FOR A POTENTIAL AMENDMENT TO THE ZONING CODE PERTAINING TO INTERIM USE PERMITS Mr. Boganey introduced this item and provided background on it. He invited Ms. Beekman forward to discuss this topic further. Ms. Beekman stated with the help of the City Attorney, they have created a draft ordinance on this topic. She stated the next step would be to have the Planning Commission review it and hold an interim use permit hearing once Luther Auto identifies the site they would like to use. Councilmember Ryan stated he is concerned about them using green space and the storm water issue if they need to pave the area. Mr. Boganey stated if the City Council wanted to not include green space as an option for this item, that language could be included in the ordinance. He noted the City wants to be accommodating to the applicants but also need to be true to the objectives of the City. Mayor Willson expressed concerns with putting restrictions in the ordinance which wouldn't allow Luther Auto to use any green space. He noted if they choose land that was not EDA owned and they want to pave it, then that would prevent them from doing so. Mayor Willson asked how this issue can be addressed. City Attorney Troy Gilchrist stated in the scenario Mayor Willson provided, he would need to review the other codes to see what those say. He noted when he wrote the draft he left a lot open to create what they are comfortable with or not, and to hone in on the zones. Ms. Beekman stated they would be creating an interim use permit to allow an end date to be put on this agreement. Otherwise, going through any other process, the permit would run with the land and there couldn't be an end date. Councilmember Graves asked if there are certain zoning districts where it wouldn't be appropriate to allow them to put the overflow lot. Councilmember Ryan stated he thinks Luther Auto and staff would be reasonable about their request for the lot. He stated he is supportive with staff moving forward with this item. Mayor Wilson stated he agrees. Mayor Willson invited Ms. Linda McGinty forward and asked how Luther Auto plans to make the site secure. 04/09/18 -3- DRAFT Ms. McGinty, Luther Auto, stated that would be dependent on the zoning of the area where the lot will be; noting they would do whatever is required and look at the best options for the space. She stated they are open to options and ideas to make it appealing and secure. There was a consensus of the City Council to move forward with this item at this time. ADJOURNMENT Mayor Willson adjourned the Study Session to Informal Open Forum at 6:45 p.m. 04/09/18 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 9, 2018 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Colmcilmembers Marquita Butler, April Graves, and Dan Ryan were present. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Butler provided information and facts on Autism in honor of Autism Awareness month as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 04/09/18 -1- DRAFT Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were present. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Butler seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of March 26, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 26, 2018 — Study/Work Session 2. March 26, 2018 — Regular Session 6b. LICENSES MECHANICAL B& D Plumbing, Heating & A/C Blue Ox Heating & Air LLC Chesney Mechanical Corporate Mechanical Deans Tank, Inc. Elk River Heating & Air Conditioning Inc. GV Heating & Air Inc. Heating & Cooling Two Inc. Home Energy Center Horwitz Inc. Jayhawk Mechanical Kraft Mechanical Minnesota Petroleum Service Neighborhood Plumbing & Heating Sabre Plumbing, Heating & A/C Schadegg Mechanical Standard Heating & A/C SIGN HANGER Vasseur Design 4145 MacKenzie Court, St. Michael 5720 International Pkwy, New Hope 4118 Shoreline Drive, Robbinsdale 5114 Hillsboro Avenue N, New Hope P.O. Box 22515, Robbinsdale 19567 Twin Lakes Rd NW, Elk River 5182 West Broadway, Crystal 18550 County Rd 81, Maple Grove 2415 Annapolis Lane N, Ste. 170, Plymouth 7400 49th Avenue N, New Hope 3307 N. 2nd Street, Minneapolis 2441 Ventura Drive, Suite 100, Woodbury 682 39th Ave NE, Minneapolis 130 Broadway Avenue N, Foley 15535 Medina Rd, Plymouth 225 Bridgepoint Drive, So, St. Paul 130 Plymouth Avenue N, Minneapolis 4337 Welcome Avenue North, Minneapolis 04/09/18 -2- DRAFT RENTAL RENEWAL (TYPE III — one-year license) 5821 Ewing Avenue N 5300 France Avenue N 6300 France Avenue N 7018 France Avenue N 5931 Zenith Avenue N RENEWAL (TYPE II— two-year license) 5301 Dupont Avenue N 5323 Brooklyn Blvd 5419 Humboldt Avenue N 7124 Indiana Avenue N 6342 June Avenue N 5332 Morgan Avenue N 6906 Newton Avenue N 7085 Unity Avenue N RENEWAL (TYPE I — three-year license) 5256 Twin Lake Blvd E 4309 63rd Avenue N 2801 66th Avenue N 5331 Camden Avenue N 6638 Camden Drive 6769 Humboldt Avenue N Invitation Homes Invitation Homes Wade Klick Crystal Brummer Invitation Homes Minnesota Apartments LLC MSP Home Rental Ceclilia Pineda Weyu Ademo Bekuto Dave Swartout James Waters Eric A Syrstad Swendia, LLC Brian Somkhan Nathan Erickson/Azingo LLC Prosperous Property LLC Ross Herman Gal Peremislov Li-Chwen Su 6e. APPROVAL OF RESOLUTION NO. 2018-74 AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR COST PARTICIPATION WITH HENNEPIN COUNTY AND BROOKLYN PARK FOR TRUNK HIGHWAY 252/1-94 ENVIRONMENTAL REVIEW 6d. JOINT POWERS AGREEMENT FOR THE BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1 6d1. APPROVAL OF RESOLUTION NO. 2018-75 AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), IMPROVEMENT PROJECT NO. 2018-05 6d2. APPROVAL OF RESOLUTION NO. 2018-76 AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THREE RIVERS PARK DISTRICT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) 04/09/18 -3- DRAFT FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), IMPROVEMENT PROJECT NO. 2018-05 6e. RESOLUTION NO. 2018-77 APPROVING FINAL PLAT FOR NORTHBROOK CENTER 3RD ADDITION 6f. RESOLUTION NO. 2018-78 ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2018-09, WATER TOWER NO.2 AND WATER TOWER NO.3 REHABILITATION 6g. APPROVAL OF FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING FOR MAY 14, 2018, FOR AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE SOUTHEAST SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HIGHWAY 100 TO THE WEST AND NORTH, LOGAN AVENUE NORTH TO THE EAST, AND 57TH AVENUE NORTH TO THE SOUTH, AND LOCALLY IDENTIFIED AS 1950 57TH AVENUE NORTH 6h. RESOLUTION NO. 2018-79 AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM 6i. RESOLUTION NO. 2018-80 APPROVING THE METROPOLITAN EMERGENCY SERVICES BOARD OPIATE ANTAGONISTS SUBGRANT AGREEMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING APRIL 22-29, 2018, TO BE COMMUNITY CLEANUP WEEK Mayor Willson read in full a Proclamation declaring April 22-29, 2018 to be Community Cleanup Week in Brooklyn Center. Councilmember Graves moved and Councilmember Ryan seconded to adopt Proclamation Declaring April 22-29, 2018, to be Community Cleanup Week in Brooklyn Center. Motion passed unanimously. 7b. PROCLAMATION DECLARING APRIL 22, 2018, TO BE EARTH DAY IN 04/09/18 -4- DRAFT BROOKLYN CENTER Mayor Willson read in full a Proclamation declaring April 22, 2018, to be Earth Day in Brooklyn Center. Councilmember Butler moved and Councilmember Graves seconded to adopt Proclamation Declaring April 22, 2018, to be Earth Day in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-03 AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES RELATING TO THE REGULATION OF RIGHT-OF-WAY MANAGEMENT Director of Public Works Doran Cote introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan asked if the conversion from 4G to 5G refers to speed and/or bandwidth. Mr. Cote responded affirmatively. Mayor Willson stated he believes the companies will be putting the 5G items closer to the user and asked if they would need to input new equipment to sustain that. Mr. Cote stated that is also correct. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves asked if there is any information about health effects regarding radio waves on people. She stated she doesn't know enough about the technologies to know if these are known to have an adverse effect on people. Mr. Cote stated if they suspect this may interfere with any current frequencies or can cause any issues, they can request a frequency study. Councilmember Ryan moved and Councilmember Butler seconded to adopt ORDINANCE NO. 20.18-03 Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right -of -Way Management. Motion passed unanimously. 04/09/18 -5- DRAFT 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2018-003, SUBMITTED BY DAVID PEMBERTON OF SATHRE-BERGQUIST, INC., REQUESTING PRELIMINARY PLAT APPROVAL FOR MOHS ADDITION, WHICH WOULD SUBDIVIDE AN EXISTING Rl (ONE FAMILY RESIDENCE) DISTRICT PROPERTY INTO TWO APPROXIMATELY 9,982 -SQUARE FOOT LOTS Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-003 and advised the Planning Commission recommended approval of the application at its March 29, 2018, meeting. 9al. RESOLUTION NO. 2018-81, REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018- 003, SUBMITTED BY DAVID PEMBERTON OF SATHRE-BERGQUIST, INC., REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF MOHS ADDITION (LOCATED AT 5006 FRANCE AVENUE NORTH) Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-81, Approving Planning Commission Application No. 2018-003, Submitted by David Pemberton of Sathre-Bergquist, Inc., Requesting Preliminary Plat Approval for Mohs Addition, which would subdivide an existing RI (One Family Residence) District property into two approximately 9,9820 -square foot lots (Located at 5006 France Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6 - Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items l Oal through 10a5. 10al. 5301 RUSSELL AVENUE NORTH, SOMMERSET PLACE APARTMENTS 10a2. 6919 FRANCE AVENUE NORTH 100. RESOLUTION NO. 2018-82 APPROVING A TYPE IV RENTAL LICENSE FOR 904 53RD AVENUE NORTH 10a4. RESOLUTION NO. 2018-83 APPROVING A TYPE IV RENTAL LICENSE FOR 2006 BROOKVIEW DRIVE 04/09/18 -6- DRAFT 10a5. RESOLUTION NO. 2018-84 APPROVING A TYPE IV RENTAL LICENSE FOR 5455 EMERSON AVENUE NORTH Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5301 Russell Avenue North; 6919 France Avenue North; and adopt RESOLUTION NO. 2018-82 Approving a Type IV Rental License for 904 53rd Avenue North; RESOLUTION NO. 2018-83 Approving a Type IV Rental License for 2006 Brookview Drive; and, RESOLUTION NO. 2018-84 Approving a Type IV Rental License for 5455 Emerson Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10b. MASTER SAC DEFERRAL AGREEMENT 10bl. RESOLUTION NO. 2018-85 APPROVING PAYMENT DEFERRAL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THE METROPOLITAN COUNCIL Ms. Beekman introduced this item, provided background, and stated the purpose of this item. Mayor Willson stated he is concerned about this impacting the new business owner. Councilmember Ryan stated he echoes Mayor Willson's thoughts but he is pleased with how staff is taking all of this into consideration with their plans. Mr. Boganey explained what SAC (Sewer Access Charge) mean for the general public. Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-85 Approving the Payment Deferral Agreement between the City of Brooklyn Center .and the Metropolitan Council. Motion passed unanimously. 10bl. RESOLUTION NO. 2018-86 APPROVING PAYMENT DEFERRAL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND JAMBO AFRICA, INC Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-86 Approving the Payment Deferral Agreement between the City of Brooklyn Center and Jambo Africa, Inc. Motion passed unanimously. 10c. RESOLUTION NO. 2018-87 EXPRESSING SUPPORT FOR THE 04/09/18 -7- DRAFT METROPOLITAN COUNCIL'S D LINE BUS RAPID TRANSIT (BRT) PROJECT Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-87 Expressing Support for the Metropolitan Council's D Line Bus Rapid Transit (BRT) Project. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 4, 2018: Joint Commission Meeting • April 5, 2018: Brooklyn Center Lions Club Meeting • April 13, 2018: Tour of Proposed D Line Transit • April 17, 2018: Crime Prevention Police and Citizens Award Ceremony Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • April 3 2018: Youth blanket making for homeless • April 4, 2018: Joint Council/Commission Meeting • April 5-6, 2018: TOP training • April 14, 2018: Convention at the Library Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • March 27, 2018: iPad training and Mac Meeting • April 4, 2018: Joint Council/Commission Meeting • April 6-7, 2018: Delegation Youth Event Councilmember Butler noted she will be absent at the next meeting because she will be on vacation. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • March 27, 2018: Constituent Meeting • March 28, 2018: Myron Green (website Mr. Clean) meeting at Cub Foods • March 30, 2018: VUE National Gala • April 3, 2018: Call with Brooklyn Bridge Alliance Director • April 4, 2018: Joint Council/Commission Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:02 p.m. 04/09/18 -8- DRAFT Motion passed unanimously. 04/09/18 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 9, 2018 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:08 p.m. ROLL CALL Mayor/President Tim Willson and' Councilmembers/Commissioners Marquita Butler, April Graves, and Dan Ryan were present. Councilmember/Commissioner Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, City Attorney Troy Gilchrist, and Michaela Kijawa-Daniels, TimeSaver Off Site Secretarial, Inc. REVIEW POTENTIAL POLICIES PERTAINING TO AFFORDABLE HOUSING AND PROVIDE DIRECTION TO STAFF ON HOW TO PROCEED Community Development Director Meg Beekman introduced, provided background and discussion on this item. She reviewed all the new policies, the options, and provided recommendations from staff for the City Council/EDA to review. Mayor/President Willson asked who pays the development gaps. Ms. Beekman stated it is all included in the amount they are receiving for funding initially and noted the TIF doesn't change as a result. Mayor/President Willson stated he agrees with staff recommendations on the Section 8 Ordinance policy and Notice of Intent to Sell policy, noting he would like to see some research put into the legality of the policy. He stated he doesn't want to see Inclusionary Housing thrown out but would like to see more checks and balances on affordable housing and how much it might cost to build. He noted the rest of the policies should be looked at over time but right now, affordable housing is really important to the residents. Ms. Beekman stated there are options to create programs and affordable housing programs like CommonBond. Councilmember/Commissioner Graves stated she basically agrees with all the staff recommendations. She noted she isn't familiar with 4D Tax Breaks but would like to know more about it. 04/09/18 -1- DRAFT Councilmember/Commissioner Butler stated she agrees in general with the staff recommendations. She stated she wouldn't want to wait and see what Minneapolis does as far as the Section 8 Policy goes, noting if Brooklyn Center can get ahead of the issue, she thinks they should move forward with it. She stated she would like more information on 4D Tax Breaks and Inclusionary Housing Policy as well. Councilmember/Commissioner Ryan stated he would follow staff recommendations with the exception of the Notice of Intent to Sell Policy, noting it seems problematic. He stated he would not support Just -Cause Eviction and noted he would take staff recommendation regarding 4D Tax Breaks. Mr. Boganey thanked Ms. Beekman and staff on their hard work. Mayor/President Willson echoed his sentiments and noted her due diligence is appreciated. The majority consensus of the City Council/EDA was to have staff provide more information on these policies. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:15 p.m. Motion passed unanimously. 04/09/18 -2- DRAFT City Council Agenda Item No_ 6b DATE: April 2, 2018 TO: Curt Boganey, City Manager THROUGH: Reggie Edwards, Deputy City Manager FROM: Rozlyn Tousignant, Deputy City Clerk7�J SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 23, 2018. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Absolute Mechanical LLC All Systems Mechanical Bedrock HVAC LLC CenterPoint Energy Comfort Solutions Heating & Cooling Cool Air Mechanical, Inc. Corval Constructors, Inc. Differ Cooling & Heating Dwayne Heins Plumbing and Heating Genz -Ryan Plbg & Htg Co Go Fetsch Mechanical LLC Hoffman Refrigeration & Heating Infinity Heating & Air Conditioning LLC J-Berd Mechanical Contractors, Inc. McDowall Company Metropolitan Mechanical Contractors Quality Refrigeration Ray Welter Htg Co South -Town Refrigeration St. Cloud Refrigeration DBA SCR, Inc. Wenzel Heating & A/C PUBLIC DANCE Jambo Africa Inc. dba: Jambo Afiica Restaurant and Bar 7338 Ohms Lane, Edina, MN 55439 2282 Terminal Rd, Roseville, MN 55113 3208 94th Ave North, Brooklyn Park, MN 55443 6161 Golden Valley Rd, Golden Valley, MN 55422 11 1st St NW, Osseo, MN 55369 1544 134th Ave NE, Ham Lake, MN 55304 1633 Eustis Street, St. Paul, MN 55108-1219 820 Tower Drive, Medina, MN 55340 13140 Basswood LN, Rogers, MN 55374 2200 W Hwy 13, Burnsville, MN 55337 565 Shoreview Park Rd, Shoreview, MIN 55126 5660 Memorial Ave N, Stillwater, MN 55082 1017 Meadowwood Dr, Brooklyn Park, MN 55444 PO Box 7308, Saint Cloud, MN 56302 PO Box 606, Waite Park, MN 56387 7450 Flying Cloud Drive, Eden Prairie, MN 55344 6237 Penn Ave S, 4100, Richfield, MN 55423 4637 Chicago Ave S, Minneapolis, MN 55407 6325 Welcome Ave N Ste. #200, Brooklyn Park, MN 55429 604 Lincoln Ave NE, St. Cloud, MN 56304 4145 Old Sibley Mem Hwy, Eagan, MN 55122 1601 Freeway Blvd Our Vision: YVe envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call hone, and visitors enjoy due to its convenient location and commitment to a healthy environment RENTAL See attached report. SIGN HANGER Resolution Graphics Sign Source Inc Signart Company Signation Sign Group 3770 Dunlap St. North, Arden Hills, MN 55112 7660 Quattro Drive, Chanhassen, MN 55317 2933 Mondovi Rd, Eau Claire, WI 54701 6840 Shingle Creek Pkwy TRANSIENT ACCOMMODATIONS — LEVEL 1 Best Western Plus 2050 Freeway Blvd Seth Oliver -Brooklyn Hotel Partners, LLC 6300 Earle Brown Dr Our Vision: YVe envision Brooklyn Center as a thriving, diverse community with a fall range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. Our Vision: YVe envision Brooklyn Center as a thriving, diverse community with a fitll range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment n T (n II N 0 (D m 2 N O r M n m 3 (D O 3 K 3 r K (D 0 0 (D o, (D 0 rt '0 '0 n' a (D 0 0 0 rD rD 2 N Z D m m m m m V m Ln W A A U I U I m I m In V U'I I Ln m Ln A Ln W m r - m w V N I N A W O N N W In W In W V 1-, I -A w In O W N O m w<0 N O A W A F--� I -A I -A O O N I -A W I -A A A A m O N O In N w I -A I -A O U9 m m N O W W A w V V I -A w I -A w 110 N W O O w w O In m Lp :E '(D w X --I cn cn PO x -0 r r—= N S 2 TI 'n '� O D D-4 m F F-� (� O rD O n n -' < (D Dp (D cu tv 7 CD T. < fl C N — (D N rD W — Q — fl I -A y m rt rt m In 0 Q rr < :. (D Q n v 3° ° rD�� 6 � 3= � o � � � 3 D o � v D 0 D D rr o x 0 (D D , O CL rD r<D rD D 0 Q rQD rD D Q O h D �' D Z D 6 h z(D r<< z z rD D D z D z z< z o rD N Q Z CL z Q rD rD z z rD z p z r<o z Q D N N Z z D rn < rt fD 3 z rD rt (/*(/� 7 7 0 7 7 7 7 0 7 0 7 7 7 7 7 7 7 :E O co ( Oq ( ( Qq m m m DU ( ( Dq ( Dq Dq ( DO 00 DA 0'q Dq ( ( ( (a 0 C Q f�D fD (D (D rD rD lD fD rD rD rD rD rD rD rD rD rD rD rD rD rD rD rD rD rD rD TI 7 00 = T N T N T N T T T T N T N T w T w T w T N T w T w T w T N T N T N T tv T w T w T w T w T w T w w 3 rt N 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3- G _3 _3 rp':. �`.. rD (D rD rD rD rD rD rD rD (D rD rD rD rD rD rD (D rD rD rD rD rD rD rD (D rD rD (D fD fD rD rD fD lD rD rD rD rD rD rD rD rD rD rD rD rD rD rD (D rD (D tv N (D W — tv — tv — W — tv — tv — tv — W — N — tv — tv — tv — N — tv — tv N — tv tv W W CD CD tv N CD v . — — — — — — — — — — O X K h K E E =1 K D K o E Ln A W- K o E coo ; D L =i � O v rD Ln on O rD D7 c h 0 D) C O r N N �. rt < 0 3 rD 3... j "O -0 n S O f -r D r=r' h X f -r h m. O n co < D'q W rD Oq n rD .0 rD n O r+ tv rr '< 7 N v pI O p = -. N < rD ('� �.. rrDD z j O O 0 O N h °' rD v O T. D T o -0 0 n O j O 7 (D W O (JU v N 0 lD G °' v 0 7 C 0 � G7 n �g Di n 0 fl -< � a) Ili � Oh Q A N f$ O O O O °° 0 -0 w G) o _ po rD rD 0 rD W m- 0 0 3 3 3 (D 3 3 0 o r r 3 (D � rD rD rD g Q. � rD '0 7 Q Qq r0+ fD rD 3 S cu D� ahi y -r N N v, v, 0 3 0 rD m IS (D r a� �' -� v, - � cu 7 n =3 nfDrDfD n C n r 0 3 n o n rt W < o -0 ._ N p- CL 0 N N N O N In W W W A N A V O m A N V N N O N -4 N '=� (D r ND r=l fD n -a n 0 Ln — x ID O O O O 0 0 0 O O O O O O CIO rA 1FA O O O O O O O O\ D \ D m at N O * (D 3F (n C C h =3 O O O O 00 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 0 O ='o m Q; ---I C O O O O 0 0 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 0 O M fl City Council Agenda Item No_ 6c COUNCIL ITEM MEMORANDUM DATE: April 17, 2018 TO: Curt Boganey, City Manager """"���-�p�����q���/' Reginaltl Ed tls THROUGH: Y M. Cote, P.E., Director of o 42y tv anagar FROM: Milm Albers, P.E., City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contt-act, Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements Recommends[ion: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Ryan Contracting Company, for Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements. Background: Bids For the Firehouse Park Area Street, Storm Drainage and Utility Improvements, Project Nos. 2018-01, 02, 03 and 04, were received and opened on April 13, 2018. The bidding results are tabulated below: BIDDER TOTAL BASE BID Ryan ContraMing Co. $8,560,615.72 Kuechle Underground, Inc. $9,300,214.11 R.L. Larson Excavating, Inc. $9,387,306.38 Geislinger Fr. Sons, Inc. $9,537,228.55 LaTour Construction, Inc. $9,991,583.96 Of the five (5) bids received, the lowest bid of $8,560,615.72 was submitted by Ryan Contracting Company of Elko, Minnesota. Ryan Contracting Company has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $8,560,615.72 is within the 2018 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $12,268,000 and is amended to $10,491,396.97, an approximate 14.5 percent decrease (see attached Resolution — Costs and Revenues tables). Additionally, $19,378 of work was added to the project for the removal of the existing CenterPoint Energy gas main, which they plan to replace concunontly with the City's project. CenterPoint Energy will reimburse the City for this work that is included in the Contract. Strategic Priorities: • Key Transportation Investments Our V'slw : H'e rvislwa Brooklyn Centw� as a lhrivtng, dirm Inlry� mUh nfidh-nnge ofhous/ng, business, culnnnl arx! r eci entiono! � rbpgs. I/ is f and Inclnslvo p/race I➢rat people ofull rages love Io toll home, nm! vis/mrs e, joy due (o its cm rvernenl locmion mu) ronnn)nnen[ to a Prealehy envtronment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2018-01, 02, 03 AND 04, FIREHOUSE PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2018-01, 02, 03 and 04, bids were received, opened and tabulated by the City Clerk and Engineer on the 13tn day of April, 2018. Said bids were as follows: Bidder Ryan Contracting Co. Kuechle Underground, Inc. R.L. Larson Excavating, Inc. Geislinger & Sons, Inc. LaTour Construction, Inc. Total Base Bid $8,560,615.72 $9,300,214.11 $9,387,306.38 $9,537,228.55 $9,991,583.96 WHEREAS, it appears that Ryan Contracting Company of Elko, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ryan Contracting Company of Elko, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2018- 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. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $10,106,000.00 $ 8,560,615.72 Lighting $ 125,000.00 $ 55,781.25 Contingency $ 1,024,000.00 $ 862,000.00 Subtotal Construction Cost $11,255,000.00 $ 9,478,396.97 Admin/Legal/Engr. $ 1,013,000.00 $ 1,013,000.00 Total Estimated Project Cost $12,268,000.00 $10,491,396.97 RESOLUTION NO. ATTEST: REVENUES Street Assessment Storm Drainage Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Street Reconstruction Fund Municipal State Aid (MSA) Fund Miscellaneous CenterPoint Energy Total Estimated Revenue April 23, 2018 Date City Clerk Estimated $ 1,515,510.11 $ 486,334.17 $ 2,240,000.00 $ 1,658,000.00 $ 1,803,665.83 $ 150,000.00 $ 4,004,489.89 $ 410,000.00 $ -0- $ -0- $12,268,000.00 Amended per Low Bid $ 1,515,510.11 $ 486,334.17 $ 1,601,858.00 $ 1,777,253.00 $ 1,585,585.83 $ 73,781.25 $ 3,020,826.61 $ 410,000.00 $ 870.00 $ 19,378.00 $10,491,396.97 Mayor 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] iR i61 li 9iliiil '' n2 u fi 33a3 xJ4t! 54 y is a� i3 -y3 � _� c �'/ � �_ p� _�' 3 _' City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: April 17, 2018 �� jj TO: Curt Boganey, City Manager Raginaltl Etlwartls � / Deputy City Manager FROM: n Cote, P.E., Director of Pu SUBJECT: Resolution Designating 2018 Planting List of Allowable Boulevard Tree Species Recommendation: It is recommended that the City Council consider approval of the attached resolution designating the 2018 planting list of allowable boulevard tree species. Background: In 1990, City residents and Council Members expressed strong support for an improved City Forestry Program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinances regarding trees was adopted by the City Council. Section 20-402 of the Ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to minimize the impact of future tree disease. Attached is a a-esolution designating the 2018 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevaad trees. There are no recommended changes in species and the list is the same as 2017. Budget Isaues: Staff time for inspections is included in the Forestry budget. There are no other budget issues. Strategic Priorities: � Enhanced Community Image O»r t'is H'e » Brcok/Yn Cenmr ns n thrini»g, din airy, wiW njd/ rnnge lhw,si»g. b»s cufao-nl and , ec+eca/iann/ oQerehags. /I fs n s S n»Alnchcslve Place rhnl People ajn/1 nges /ave to caU homq and visitorst enJOY due to ils cnm enient lorndo» »nd comnrth»ent m n henflhY envn o»ment Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION DESIGNATING 2018 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the Ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2018: ATTEST: Birch (River, Paper) Kentucky Coffeetree Crabapple (Flowering Cultivars) Elm (Accolade, New Horizon, Patriot, Princeton, Valley Forge) Hackberry Thornless Honeylocust (Shademaster, Skyline, Summerlace) Linden (American, Littleleaf) Maple (Red and Sugar Cultivars incl. Autumn Blaze) Oak (Bur, Northern Pin, Red, White) Serviceberry (Allegheny) 123, 2018 Date Mayor City Cleric The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. p O K [ r 41 PIN%r1 •-sire•-, AT THE�CENTER 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 763-569-3340 763-569-3440 (Fax) PROPERTY ADDRESS: 191TIT ,111#17krs1►Til i ADDRESS: CITY, STATE, ZIP: PHONE: DAY VARIETY OF TREE: OTHER TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: Please stake or otherwise indicate your preferred tree location as soon as possible. I have called or will call Gopher State One Call at 651-454-0002 to obtain underground utility locations. Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING * * * City use only: Initial and date each item checked Variety Sight Distance Approximate Width of Blvd. Sidewalk At least 5' from underground utilities At least 10' from overhead utilities Proposed distance from edge of street Proposed distance from edge of sidewalk ALL REQUIREMENTS MET: Signature Title Date BEFORE YOU PLANT. The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20-200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the Director of Public Works or designee. The City may move, remove or trim or cause or order to be moved, removed or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met, especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is a list of allowable boulevard trees for 2018: Birch (River, Paper) Kentucky Coffeetree Crabapple (Flowering Cultivars) Elm (Accolade, New Horizon, Patriot, Princeton, Valley Forge) Hackberry Thornless Honeylocust (Shademaster, Skyline, Summerlace) Linden (American, Littleleaf) Maple (Red and Sugar Cultivars incl. Autumn Blaze) Oak (Bur, Northern Pin, Red, White) Serviceberry (Allegheny) City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: April 17, 2018 TO: Curt Boganey, City Manager �- Ra9�nald arde FROM: ���te, P.E., Public Works Di @@6iiy City Manager SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2016-09, 69°h Avenue Greenway Fence Replacement Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and awaa-d a contract to Fenc-co, Inc. for Improvement Pnoj ect No. 2016-09, 69th Avenue Greenway Fence Replacement Improvements. Background: Bids for Improvement Project No. 2016-09, 69°° Avenue Greenway Fence Replacement Improvements were received and opened on March 15, 2018. The bidding results are tabulated below: idder Total Base Bid KLR Construction, Inc. $ 88,981.30 Fence -Co, Inc. $ 175,857.50 Town and Country Fence $ 245,759.56 Peterson Companies $ 297,249.00 KLR Construction was the apparettt low bidder at the time of the bid opening. Staff advised them of the bid results and attempted to determine whether their bid was accurate since it was so low. Staff had numerous conversations with KLR Construction, Inc. about the plans and specifications and they repeatedly attempted to deviate from the plans and specifications in an attempt to consn'uct the fence by an inferior means. The contracts that were given to SLR Construction Inc. for execution on March 26, 2018, were not returned within the time period specified in the bid documents. KLR Constanction Inc. subsequently withdrew their bid. The second low bid from Fenc-Co, Inc. is substantially lower than when the project was bid in 2016. Fenc-Co, Inc- is the contractor that installed a test section of fence on 69`a' Avenue Greenway in 2017 so it is clear that they have an understanding of the plans and specificaticns- Budget Issues: The fence project has a total budget of $192,000. A portion of the budget has been expended constructing the Cahlander Park fence in 2017 and constructing a test section of replacement fence on 69°i Avenue Greenway. Approximately $135,000 remains in the budget for the fence replacement. The fence project will be funded out of the Capital Improvements Fund. Strategic Priorities: Enhanced Community Image Our irisian: � envts/on Brooklyn CeNe,- as n Mriving. d/versa camnauelty sv>/h a fid/ +-nage jhoastng, business, cadrww/ and rcc, enHona/ � aYng3. JI is a as%e and inc/nsive place /hnt peop/e lnt/ ager lave to cal/ Rome, and vts/rors eryJoy dare to fts convmnen/ IacaOon and commftmenf to n healthy envn onarent Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2016-09, 69TH AVENUE GREENWAY FENCE REPLACEMENT IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2016-09, four bids were received, opened and tabulated by the City Engineer on the 15th day of March, 2018. Said bids were as follows: Bidder Total Base Bid KLR Construction, Inc. $ 88,981.30 Fence -Co, Inc. $ 175,857.50 Town and Country Fence $ 245,759.56 Peterson Companies $ 297,249.00 WHEREAS, it appears that KLR Construction, Inc., of Cannon Falls, Minnesota was the lowest bidder but has withdrawn their bid, and WHEREAS, it appears that Fenc-Co, Inc., of Golden Valley, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Fenc-Co, Inc. of Golden Valley, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 2016- 09, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: Amended REVENUES Estimated per Low Bid Capital Improvements Fund $212,000.00 $195,857.50 Amended COSTS Estimated per Low Bid Construction Cost $ 192,000.00 $175,857.50 Engineering and Administrative $ 10,000.00 $ 10,000.00 Contingency $ 10,000.00 $ 10,000.00 TOTAL $212,000.00 $195,857.50 Amended REVENUES Estimated per Low Bid Capital Improvements Fund $212,000.00 $195,857.50 RESOLUTION NO. ATTEST: April 23, 2018 Date Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: April 23, 2018 TO: Curt Boganey, City Manager Reginald E warns Deputy City Manager THROUGH: Meg Beekman, Community Deve opme ��_,,y+�- FROM: Ginny McIntosh, City Planner /Zoning Administrator "6 ST_IBJECT: Resolution Approving Final Plat for MOHS ADDITION Recommendation: It is recommended that the City Council adopt the resolution approving the final plat For MORS ADDITION. Background: The attached £mal plat for MOHS ADDITION would subdivide a currently un -platted residential property, located at 5006 France Avenue North, into two new lots, to be known as MOHS ADDITION. The City Council approved the proposed preliminary plat based upon certain conditions per City Council Resolution No. 2018-81 (Aeso[ution Regarding the Recommend¢d Disposttfon of Planning Commtssion Appdication No. 2018-003, Submitted by David Pemberton of Sathre-B¢rgquist, Inc-, Requesting Approval of the Preliminary Plat for Mohs Additdon (Located at 5006 France Avenue NorthJj on April 9, 2018. Staff reviewed the MOHS ADDITION final plat (Exhibit A) and found it consistent with the preliminary plat approved as part of Planning Commission Resolution No. 2018-004. The applicant is now seeking final plat approval from the City Council. As the submitted final plat is in general conformance with the approved preliminary plat, the final plat is recommended for approval subject to the conditions established by the City Engineer and Planner, conditions established by the City Attorney (based on a review of an updated title commitment provided by the applicant within the past 30 days), conditions as previously approved by the City Council, and any conditions established by Hennepin County for recording of the plat documents. Budget Issuea: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment o,.,� rs;on: ry en..c,mn a.�o.,htYn eenre,� �,.. � rh.iv;ns, dme.�.ce rnmn,nn+v ,wm nPdn��„se l!>e.sn:a. n.,...nea.:. ordn.,-ol o„d r ec. anriono! A�rh,gs. ➢ Is n s l and inehesive Pince that Pe P!e lnn a8es love r rnO home, m,d vleilw�s a loY dere !o its con venrent locnliow m,d convnitme» to n healU,y enoironnee.# its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR MOHS ADDITION WHEREAS, the City Council approved the proposed preliminary plat for MOHS ADDITION based on certain conditions as set forth in City Council Resolution No. 2018-81; and WHEREAS, the applicant has applied for approval of the final plat for MOHS ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the final plat for MOHS ADDITION is hereby approved, subject to the following conditions: ATTEST: 1. Conditions as previously required by the City Council pertaining to the Preliminary Plat approval in accordance with City Council Resolution No. 2018-81. 2. Conditions as previously recommended by the Planning Commission pertaining to the final plat in accordance with Planning Commission Resolution No. 2018-004. 3. All recommendations and conditions as noted in the City Engineer's memorandum dated March 20, 2018. 4. Evidence of title satisfactory to the City Attorney and City Planner. 5. Any other conditions as established by Hennepin County for recording of said Final Plat, 6. Prior to release by the City of the final approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. April 23, 2018 Date Mayor 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. Exhibit A o -------- C/) rn 3 c C/) El R F Nie _ y�e n a _ 1, SL jz ;3 H, k Ti g I - - - - - - - - - - -0 MT 1� � MS11 11— rZJM 500*34' I'E 150.08 1 - - - - - - - - - - - 1 F - - - - - - - I - C5 F—�Rz- 4 I - - - - - - - - — ----------4 I r I Ir g,," — ----- Si �14 fl— el ID t mi.7. Aq A! wQ p 4� ij 1/4 1 j_TN -a4'31'W 150.08 PH LME AMMON 0 0 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: April 17, 2018 � _ TO: Curt BOganey, City Manager Reginaltl Etlwartla aputy City Manager THROUGH: Cote, P.E., Director of Public Works FROM: Todd Berg, Streets/Parks Supervisor SUBJECT: Proclamation Declaring April 27, 2018, to be Arbor Day and May 2018 to be Arbor Month in Brooklyn Center Recommendation: It is recommended that the City Council consider approval of a proclamation declaring April 27, 2018, Arbor Day and May 2018 Arbor Month in Brooklyn Center. Background: Arbor Day originated in 1872 in America as a national holiday in which individuals and groups are encouraged to plant and care for trees. Each yeaz-, Brooklyn Center typically celebrates National Parbor Day and Arbor Month by hosting local volunteer/educational events with students From an elementary school and other groups within the City of Brooklyn Center. This year's event includes members of the Brooklyn Center Rotary planting three or four trees in Centennial Park. Several trees were removed as part of the recent pond dredging projects within this area of Centennial Park and planting new trees would help reestablish the natural buffer areas. This event and proclamation supports the City's Forestry Program that has resulted in Brooklyn Center receiving its twenty-sixth consecutive national Tree City USA award by the National Arbor Day Foundation. Budget Issues: The American Legion and Sons of the American Legion have provided a $250 contribution to help offset the expenses for the Arbor Day event. Addiflonal funding needed for the event supplies is expected to be less than $500 and is included in the 2018 Forestry budget. Strategic Priorities: Enhanced Community Image Our Vis L!e n Broohtyu Center ns a thrivirrg. div ratty with ajdl range ojhmrstng, business, udnrrnl and recr aa+ional o$eririgs. li is a snfe orad inc/usive place thn+peop/e of'ral/ rages love fo call home, and vtsftorr ettloy thre fo ifs conveniem tocanon and commimrenf eo n hes/thy envtronmen+ PROCLAMATION DECLARING APRIL 27, 2018, TO BE ARBOR DAY AND MAY 2018 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energ}, serving as recreational settings, providing habitat for ivildlife of all kinds and making our cities more livable; and WHEREAS, Trees in our City increase property values, enhance the economic vitality of business areas and beauti)j� our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured, protected and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BR OOKL YN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: ATTEST: April 27, 2018, to be Arbor Day in the City of Brooklyn Center, 2. May 2018 to be Arbor Month in the City of Brooklyn Center, 3. I urge all citizens to support efforts to care for our trees and woodlands and to support our City's Community Forestry Program. Aril 23, 2018 Date City Clerk Mayor Council Members City Council Agenda Item No. 7b COUNCIL ITE UM DATE: April 17, 2018 TO: Curt Boganey, City Manag aginald Ed ras eputy Ctty Manager FROM: ran Cote, P.E., Director of Public Works SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Twenty -Sixth Consecutive Year R¢commendation: It is recommended that the City Council consider approval of a resolution recognizing Brooklyn Center as a Tree City USA. Background: For each of the past twenty-six years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Society. The City has again been notiFed that Brooklyn Center has received this recognition for its 2017 effor[s. This national award recognizes communities with effective communiTy forestry programs. The City's Forestry Program includes the following: Care for and planting of park and boulevard trees Diseased and nuisance tree removal program Mandatory tree contractor registrations requiring certain minimums of liability insurance Boulevard tree planting peazrtits requiring proper placement of tree and selection of tt-ee species A tree ordinance specifying proper standards of care for all trees An Arbor Day and Month Program that includes educational activities and an event to promote the planting of trees Budget Issues: Funding needed to support and meet goals of this program in 2018 is included in the 2018 Forestry operating budget. Strategic Prioriti¢s: Enhanced Community Image Oar llston: We rsJon B,nohlyn Cenler osn thriving, dive mfry++vflh nfd/rnnge jhonsing. bras <xlhnn/rand recr entionnl �iringr. L[ fs n s J mad inc/xshe p/race lhnl peoples ofa]! rages love la cell )roma, and vrsirors e, joy dire m trs canvarlexf /ocarlma orad connnllmenl to a Aeotrhy envlramxenl its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTERAS A TREE CITY USA FOR THE TWENTY-SIXTH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Society has designated the City of Brooklyn Center as a Tree City USA in recognition of 2017 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: ATTEST: The City Council hereby recognizes and accepts the designation of Tree City USA for the twenty-sixth consecutive year. 2. The City Council reaffirms its commitment to urban forestry and directs staff to continue its reforestation efforts as planned and budgeted in 2018. 3. The City Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center's urban forest. April 23, 2018 Date Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No_ 9a COUNCIL ITEM MEMORdNDUM DATE: April 23, 201 8 G —� TO: Curt Boganey, CiTy Manager IReginalA Edwartls t>aputy Clty Manager THROUGH: Meg Beekman, Community Development Director FROM: Ginny McIntosh, City Planner/Zoning Administrator SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-004, Submitted by Stephanie Alstead of BWBR, Requesting Approval of a Site and Building Plan for a Dry Room Addition (6800 Shingly Creek Parkway) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2018-004, submitted by Stephanie Alstead of BWBR, requesting approval of a site and building plan for a 13,427 -square foot dry room addition to the Medtronic north building located at 6800 Shingle Creek Parkway. Approval is subject to the ApplicanVProperty Owner complying with the conditions outlined in the Site Plan and Documents Approval Section of tfie Planning Commission Staff Report dated April 12, 2018 (attached). Background: In 1973, the first of the Medtronic buildings was constructed. In 1976, a request for construction of a second building was made, this Limy with a request for a variance from the City's Fire Code to allow For the installation of two special "dry rooms" where lithium would be used in the manufacture of batteries for electronic medical devices (e.g., heart pacemakers). These "dry rooms" inquire that the overall humidity in the room be strictly controlled, and water, such as is found in fire suppression systems, be avoidyd, due to lithium's volatile relationship with water. On April 12, 2018, the Planning Commission reviewed Application No. 2018-004, submitted by Stephanie Alstead of BWBR on behalf of Medtronic, Inc., for the requested approval of a site and building plan fora 13,427 -square foot "dry room," to be located within the existing interior courtyard of the u -shaped Medtronic nortfi building, located at 6800 Shingle Creek Parkway. As site approvals do not require a public hearing, no notice. was published in the Brooklyn Center Sun Post, and no mail notices were sent. The Planning Commission reviewed the aforementioned application and asked questions of City staff and the Applicant. Following the discussion, the Planning Commission voted unanimously (6-O) in Favor of the requested approval of the site and building plan. Attached for your- review are copies of tfie Planning Commission Staff Report and exhibits dated April 12, 2018, a copy of Planning Commission Resolution No. 2018-005 (Resolution Regarding the Disposition of Planning Application No. 2018-004 Sxrbmitted by Stephanie Alstead of BWBR Requesting Site and Building Plan Approvol jor a 13,427 -Square Foot Dry Room Addition to the Ovr Yiaiorr: IVc em•isiou ArooAlYn Ccufo+� as o r/vivinq. dive+�.ve community rvG/r afid[ rnnl;c lhnnsinrn, bvsO+eaa�, aNlurnf and +eu ca[iwur/ rpe+inKs. A i.e s I « +</ Jnchsn•e p/nen thn/ Pe P/e r±jnl/ �e lm•e In r+/[ hm and veaitw�s e+� Y due In J[.v conven/em /n.. olinn and commpmenl to o beoi/hY nr+vu omneme Medtronic North Building (Located at 6800 Shingle Creek Parkway)), and a draft copy of the Council resolution. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Targeted Redevelopment Our Vision: !! c enrrsion Brooklyn Center as a thriving, diverse coma unit), with a,ftll range of housing, husiness, cultural and recreational t fjerin rs. It is a seik and inchasive place that people o6d/ ages lobe to call hoarse, and visitors egjgy due to its convenient location and connniinaent to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-004, SUBMITTED BY STEPHANIE ALSTEAD OF BWBR, REQUESTING APPROVAL OF A SITE AND BUILDING PLAN FOR A DRY ROOM ADDITION (6800 SHINGLE CREEK PKWY) WHEREAS, Planning Commission Application No. 2018-004 was submitted by Stephanie Alstead of BWBR on behalf of Medtronic, Inc. requesting consideration of Site and Building Plan approval for a proposed approximately 13,427 -square foot dry room addition to the Medtronic north building, located at 6800 Shingle Creek Parkway; and WHEREAS, on April 12, 2018, the Planning Commission received and reviewed a planning report and Assistant City Engineer's memorandum on the proposed Site and Building Plan for the proposed approximately 13,427 -square foot dry room addition, to be constructed within the interior courtyard of the Medtronic north building; and WHEREAS, in utilizing the guidelines and standards for evaluating Site and Building Plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site and Building Plan an appropriate and reasonable addition to the subject property. WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the Site and Building Plan for the proposed approximately 13,427 -square foot dry room addition, to be located at 6800 Shingle Creek Parkway, and as comprehended under Planning Commission Application No. 2018-004, be approved based upon the following considerations: A. The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B. The improvements and utilization of the property as proposed under the planned addition on this site is considered a reasonable use of the property and will conform with ordinance standards; C. The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city as it is designated for an industrial use; D. The Site and Building Plan proposal appears to be a good long range use of the existing site and the proposed addition can be considered an asset to the community; and Resolution No. E. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the building and site plan proposal is, therefore, in the best interest of the community. AND WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby further recommends the City Council approve Planning Commission Application No. 2018-004, subject to the following conditions: 1. Building and Site Plan Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire -related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b. The Applicant shall work with the City/Fire Department to ensure adequate access is provided for emergency vehicles on the interior courtyard of the north building. c. The Applicant shall verify that the proposed building and site has met City Code requirements. d. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a. The Property Owner/Applicant shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan. b. The Applicant shall submit an as -built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated April 4, 2018 (Exhibit B): a. Final grading, drainage, utility, irrigation, erosion control, and as -built plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. Resolution No. b. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 5. Facilities and Equipment: a. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b. Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c. The Applicant shall comply with the special requirements for I1 -zoned properties as identified under Section 35-413 of the Zoning Ordinance. d. The proposed wall -pack lighting on the addition shall be installed belola, the rooftop of the existing north building. The lighting shall meet the provisions of Section 35-712 (Lighting) with regard to maximum foot-candles for both the surrounding non-residential, as well as residential properties. 6. Landscaping: a. An updated landscaping inventory shall be provided to the City as part of the building permit process for verification of conformance with the City's Landscape Point System Policy. i. Any identified missing trees or shrubs from the last updated landscaping inventory (dated February 6, 2001, and attached as Exhibit C) will require replacement as a condition of approval. b. A replacement tree shall be planted in proximity to the location of the tree identified for removal. 7. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the plan proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-004, as submitted by Stephanie Alstead of BWBR, requesting approval of a Site and Building Plan for an approximately 13,427 -square foot dry room addition to the Medtronic north building, and located at 6800 Shingle Creek Parkway, is hereby approved subject to the conditions memorialized herein. Resolution No. ATTEST: 1 23, 2018 Date City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ...r, �\ ' Application Fil¢tl: 03/13/2018 Planning Commission RellOrt R¢VI¢w P¢dod (60 -day) Deadline: 05/12/2015 Meeting Dato: April 12, 2018 Extension Declared: N/A ' Extend¢d Review Petlotl Deatlline: N/A Application No. 2018-004 Applicant: Stephanie Alsteatl (BWBR) Location: 6800 Shingle Creek Parkway (Medtronic North Building) Request: Site and Building Plan Approval INTRODUCTION Stephanie Alstead of BWBR ("the Applicant") is requesting consideration and approval of a Site and Building Plan for the north building located at 6800 Shingle Creek Parkway ("the Subject Property"). As proposed, a 13,427 -square foot "dry room" addition would be constructed within the interior courtyard of Medtronic's north builtling. The Subject Property spans approximately 18.87 acres and is comprised of the north builtling, south building, an exterior walkway connection, assorted parking lot and loading areas, and other site improvements. In total, there are currently 291,430-squar¢ feet of bulltling coverage on site. l COMPREHENSIVE PLAN ANO ZONING STANDARDS 2030 Land Use Plan: I -Industrial Neighborhood: Shingle Creek Current ZonJng: Il (Industrial Park) Distric[ Surrounding Zoning: North: R3 (One Family Residence) District East: RS (M uliiple Family Residence) and Il (Industrial Park) Districts South: li (Industrial Park) District West: 11 (Industrial Park) and PUD -Il (Planned Unit Development -Industrial Park) Districts Site Area: Approximately 18.87 acres Setback Standards: The typical minimum bu{Itling setback requirements for an Il -zoned property are as follows: Front Yard: 50 feet Rear Yard: 25 feel Side Interior Vard: 10 feet Corner Side Yard: 50 feet As proposed, the proposed addition would be constructed within the interior of the u -shaped north building and would therefore have no impact on The exisTing bullding setbacks. Conformity to: Land Use Plan: Yes Zon/ng Ord.: Yes (Il District) /SPP. � - PC 09/12/2018 Page 1 Su6divislon Ord.: Yes S/gn Ord.: Unknown or not under consideration at this time. Variance Needed jar Request: No BACKGROUND Image 1. Construct/on on Medtronic Slfe In 1976. The first of the buildings was constructed around 1973, with subsequent construction of a second building around 1976. Throughout the years there have been various approvals For additions and site Improvements to the Medtronic campus in Brooklyn Center. In 1976, a variance was requested from the City's Fire Code to allow for the Installation of two special "dry rooms" where lithium would be used in the manufacture of batteries for electronic medical devices (e.g., heart pacemakers) under Planning Commission Application No. 76-039. This request was associated with the Planning Commission Application No. 76-036, which contemplated site and building plan approval for constru ctlon of a new building on the Medtronic site. This building was to be used as a facility for battery production. The request for approval of a variance was related to the use of lithium in production of the batteries and lithium's volatile relationship with water. The rooms where the lithium is kept, known as "dry rooms," require that the overall humidity in the room be strictly controlled, and water, such as is found in fire suppression systems, be avoided, as they are typically ineffeMive and will instead further stimulate a Iithiu m -based fire. BUILDING AND SITE PLAN REVIEW Bv!/d(no The proposal calls for the construction of a 13,427 -square foot dry room atldition on the Interior courtyard of the u -shaped north building, located at 6800 Shingle Creek Parkway. The building is located on an approximately 18.87 acre campus and has served as a site for lithium battery production since the 1970s. The demolition plan notes that the addition will require removal of select existing utilities, concrete pads, tlownspouts, guardrails and stairs, and the protection of existing storm catch basins, etc. An existing skyway spanning north to south on the north building would be preserved and protected ^+PP - PC 09/12/201H Page 2 during construction of the addition. A civil set has been provided by the Applicant and select plans are attached hereto as Exhibit A. , - - .. - - -.. .. S e�.� �x x ' rwxz x i s r � �� 1 �� ,, � � �� ItuR 1 j 1- r a'1L2I`a'�r` f 4 ;arn .4 ... d ��: , .. /t. I� a t _ _ ,. •_ � - 1� tins `T�. .g ���\� t� C�i t , i tlr � M r-� �- , Although unofficial, the city does reference a set of design guidelines when reviewing site and building plan applications. These guidelines are based on the Shingle Creek Crossing Architectural Oes)gn Guide/fines, which were approved in 2011. These guidelines strive to have q[legst 50 -percent of all four sides (wall surtaces) of new buildings constructed with Class 1 materials, with the remaining su rtacesto be constructed of Class II materials. Given that the building was initially constructed in the 1970s, and the addition will be constructetl within the Interior courtyard of the north building, It is not expected of the Applicant to necessarily achieve these minimum requirements; however, it Is stressed that the Applicant be thoughtful in the design of the addition, particularly as it will project above the existing rooFline of the north building. Class I materials inclutle: brick or acceptable brick -type material, marble; granite; other natural stone or acceptable natural looking stone; texturetl cement stucco; copper; porcelain, glass; architectural textured concrete pre -cast panels; and other materials Including masonry units with en hancetl detailing such as patterns, textures, color, dimension, banding, and brick Inlay, as approved by the City Planning Commission and City Council. Class 11 materials Include: exposetl aggregate concrete panels; burnishetl concrete block; Integral colored split face (rock face) and exposed aggregate concrete block; cast -in-place concrete; artiflclal stucco (e.g., E.I.F.S., Drivit); artiflclal stone; fiber-re{nfo rced cement board siding with a minimum thickness of Ye inch; canvas or vinyl awnings; prefinished metal; and other materials not listed elsewhere, App. No. 2018-004 PC 04/12/2018 page 3 as approved by the Glty Planning Commission and City Council. Staff conducted a site visit of the north building's interior courtyard. Example photos of the existing site conditions are provided In Image 2 below. Imag¢ 2. EHsbng 5(fe CondJflons-North Building /nterlor Courryord (6800 Sh/ogle CreeK Pkwy) As proposed, the building addition would be comprised of precast concrete panels, aluminum curtain walls and wmposite metal panels, glazing (glass), antl metal louver screen walls. Please refer to Image 3 below. /�Pli � - PC 04/12/2018 Page 4 Imag¢ 3. Proposed E#erlor Building ElcvotlonsjorOry Xoom Add/Ban on North Bv/Id/ng. ACCESS AND PARKING Vehlculor Access/Parkino The Applicant intends to maintain the existing driveway access points off Shingle Creek Parkway. The proposed addition would remove some parking spaces currently located within the interior courtyard of the north building. As proposed, 33 90 -degree parking spaces would be re -Installed within the interior courtyard. The use of "Industry and wholesale" offers two methods of calculation with regard to parking requirements: 1. One space for every two employees based upon maximum planned employment during any work period; or 2. One space for each 800 square feet of gross floor area—whichever requirement is greater. Assuming a maximum of 1,287 employees between the north and south buildings on the Medtronic campus, a minimum of 644 spaces would be required. This count Includes the Incorporation of employees working In the new dry room addition, of which there would be 160 new employees working at maximum shift (from 1 p.m. to 3 p.m.). Assuming 304,857 -square feet of building on site, a minimum of 382 parking spaces would be required. Based on these calculations, a minimum of 644 parking spaces is required on-site. App. No. 2018-004 PC 04/12/2038 Page 5 As shown in Table 1 (Park/ng gequJrements) below, the Applicant Intends to provide 855 parking spaces. This would result in an overall loss of 15 parking spaces, as there are 870 spaces currently on site. Per the proposal, the 90 -degree spaces proposed for Installation on the interior courtyard would need to meet the minimum 18 foot depth and 8 foot, 8 Inch width requirements per the Zoning Ordinance. Addhionally, a minimum 24 foot drive aisle is required for 90 -degree parking. The Applicant will also need to work with the City Fire Inspector to ensure emergency vehicle access within the courtyard, if necessary, is sufficient. The City Zoning Ordinance requires that off-street parking and perimeter parking lot driveways be prohibited within 15 feet of the street right-of-way, allowing this area to be maintained as a green strip. The Applicant has no plans to expand the perimeter pa rl<ing areas and has indicated through the submittetl plans that this green strip will be maintained. Tabl¢ 1. Porkina Parkin Use Minimum Re Wretl Barkin 5 aces Provided Parking S aces In bold Intlus[ry and Wbolezale Zs[ol/forevery2 employees (maximum 699 spaces (assuming 1,28> ro9e sb jt)ORSs[o//per every 800 mp oyees)OR 3825paces (assuming et whichever is eater AOA 2% of total � r 501 to 1,000 parKing 13 spaces (basetl on minimum 609 spores p¢r 2015 M/nnasa[a A¢ess)btl(ty palking spaces) Code Total Required Palking 699 spews gOgs a as lncorporatetl into io[al Total Provided Perking 855 spaces (ADA spaces Inca! latatl /oto total Source: Brooklyn Center 2oning O,tllnanCe, 2015 MlnneSob Acrns51611Ity Cotle Varking LIGHTING � SCREENING � PERFORMANCE STAN DARDS L/oht/no The Applicant did not provide a photometric plan as the proposed lighting would be located along the proposed eMerior of the dry room addition and on the Interior of the north building's courtyard. As proposed, four wall -pack style light fixtures would be Installed at the height of the existing building and the Applicant Indicated that light will not spray light across the rooftop of the existing building. The lighting fixtures would ufi lize LEDs and feature a flat lens. Per the City Zoning Ordinance, ^all exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate Illu minadon on the property of the owner or operator of said Illumination devices." Additionally, glare shall not emanate from or be visible beyond the boundaries of the Illuminated premises. Section 35-712 (Llght/ng) of the City Zontng Ordinance further specifies that Ilghting shall not exceed ten (30) fool candles when measured at the property Ilnes abutting the street right-of-way or non -residentially zonetl grope Kies, or exceed three (3) foot candles for properties abutting residentially - zoned properties (e.g., residential properties along 69°i Avenue North, Earle Brown Farm Apartments to the east). Per the unofficial City architectural design guidelines, Ifght poles, flMures, and bases should maintain a consistent dark color (I.e., bronze, black, or brown), and feature dark sky -friendly or cutoff style fixtures. As proposed, the lighting fixtures would meet these guidelines, as fixture specifications were provided. Screenlna Trash enclosures and any other ground mounted equipment (e.g., transformers, mechanical) shall be App. No. 2018-004 PC 09/12/2018 Page 6 effectively screened from adjacent public rights-of-way and adjacent properties by a soled wall or fence constructed of wood, masonry, or other durable materials that are complementary to the materials used on the primary building. Per Chapter 12 (Building Maintenance and Occupancy) of the City Code, roof -mounted equipment shall also be screened from view through use of parapets, wall/fencing materials, or paint to match surrounding colors when visible from the public right-of-way. Image 3 above notes the presence of roof -mounted mechanical equipment; however, it appears it would be screened by the proposed metal louver screen walls. Performance Standards The Subject Property is zoned 11 (Industrial Park) District and is subject to Section 35-413 (Special Requirements in 1-1 and 1-2 Districts) of the City's Zoning Ordinance. This includes compliance with the standards of operation, including, but not limited to: explosives, adherence to maximum noise, vibration, waste, and outdoor storage. DRAINING I GRADING I UTILITIES The installation of all utility services and lines, and the finished grading proposed as part of the project are to be reviewed and conducted under issuance of a separate Land Disturbance (Alteration) permit, which is reviewed and approved by City engineers, and inspected for completeness by City engineers and building officials. As proposed, the Applicant will remove select concrete, stairs, downspouts, underground electrical, and provide protective measures for existing storm sewer and catch basins, underground electrical, trees, and the existing skyway. An underground stormwater infiltration basin is also proposed for installation where there is currently existing parking. The Applicant should refer to the Assistant City Engineer's memorandum, dated April 4, 2018, to determine what other approvals are required (Exhibit B). LANDSCAPING No landscaping plan was provided as part of the submittal for the proposed 13,427 -square foot dry room addition. The City notes under Section 35-230 (Plan Approval) of the Zoning Ordinance that, "concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning Commission" certain documents and information. This includes an, "accurately scaled and dimensioned site pian indicating parking layout including provisions, designation of locations of possible accessory buildings; landscaping, including trees and shrubbery within indication of species, planting, size and location." In 2001, a landscape inventory was provided as part of the approval of a 9,974 -square foot addition to the north building, adjacent to where the 13,427 -square foot dry room addition would be constructed. As part of the inventory analysis, it was determined that a minimum of 995 points would be required for the site. Based on a review of the existing inventory, it was determined that the site had achieved 1,088 points. This breaks down to be: 95 deciduous trees 22 coniferous trees 12 shrubs 129 trees and shrubs (total) App. No. 2018-004 PC 04/12/2018 Page 7 As the proposed dry room addition would be constructed entirely within an existing interior courtyard within the north building, staff made the determination that a new landscape plan would not be necessary in this instance. As the submitted plans propose the removal of one tree near the entrance to the interior courtyard, staff is recommending that a tree be installed in proximity to the courtyard as a replacement. In addition, staff requests that an updated landscaping inventory be furnished to the City as part of the building permit approval process and that any landscaping missing on the landscape inventory, last dated February 6, 2001, be replaced (Exhibit C). CITY ENGINEER REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documents. Comments regarding this application can be found in the memorandum to city staff dated April 4, 2018, and attached hereto (Exhibit B). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance (alteration) or building permits. As noted, the Applicant will need to obtain an NPDES permit from the Minnesota Pollution Control Agency (MPCA). FIRE INSPECTOR REVIEW Fire Inspector Brandon Gautsch conducted a review of the application submittal and documents. Per pians received, "the existing building is sprinklered and the addition will be sprinklered throughout. Per National Fire Protection Association (NFPA) 13 (Standard for the Installation of Sprinkler Systems), an 'alternative means and methods form of fire suppression' not using water is required at spaces containing lithium due to lithium being a water reactive hazard. As proposed, a "hand held alternative fire suppression is to be used at dry rooms which do contain exposed lithium. The existing dry room uses the hand held alternative fire suppression and the proposed alternative fire suppression system for the new dry room will be submitted to the City for review and approval." The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code and Building Code requirements. SIGNAGE As there is no record of special approvals for signage, any new signage, including wall and monument signs, would require conformance with Chapter 34 of the City Code (Sign Ordinance). Any requests beyond the allowances identified in the Sign Ordinance would require that the Applicant apply for and receive approval to deviate from the Sign Ordinance. The Applicant will need to file a separate Building Permit application for any proposed signage. Based on staff findings, staff recommends Planning Commission recommend Approval of the requested site and building plans for the Subject Property, located at 6800 Shingle Creek Parkway, subject to the Applicant complying with the comments outlined in the Site Plan and Document Approval Conditions noted below. SITE AND BUILDING PLAN APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2018-004 for 6800 Shingle Creek Parkway (Subject Property): 1. Building and Site Plan Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire -related building code items shall be reviewed and approved by the Fire Inspector. App. No. 2018-004 PC 04/12/2018 Page 8 a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council b. The Applicant shall work with the City/Fire Department to ensure adequate access is provided for emergency vehicles on the interior courtyard of the north building. c. The Applicant shall verify that the proposed building and site has met City Code requirements. d. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a. The Property Owner/Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan. b. The Applicant shall submit an as -built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated April 4, 2018 (Exhibit B): a. Final grading, drainage, utility, irrigation, erosion control, and as -built plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 5. Facilities and Equipment: a. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b. Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c. The Applicant shall comply with the special requirements for 11 -zoned properties as identified under Section 35-413 of the Zoning Ordinance. d. The proposed wall -pack lighting on the addition shall be installed below the rooftop of the existing north building. The lighting shall meet the provisions of Section 35-712 (Lighting) with regard to maximum foot-candles for both the surrounding non- residential, as well as residential properties. 6. Landscaping: a. An updated landscaping inventory shall be provided to the City as part of the building permit process for verification of conformance with the City's Landscape Point System Policy. L Any identified missing trees or shrubs from the last updated landscaping inventory (dated February 6, 2001, and attached as Exhibit C) will require App. No. 2U18-UU4 PC 04/12/2018 Page 9 replacement as a condition of approval. b. A replacement tree shall be planted in proximity to the location of the tree identified for removal. 7. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). RECOMMENDATION Based on the above -noted findings, Planning Staff recommends the Planning Commission recommend approval to the City Council of Planning Commission Application No. 2018-004 for the proposed 13,427 - square foot dry room addition site and building plan for the Subject Property located at 6800 Shingle Creek Parkway, subject to the Applicant complying with the Site and Building Plan Approval Conditions. Should the Planning Commission accept this recommendation, the Commission may elect to adopt the draft resolution which memorializes the findings in granting site and building, subject to the Applicant complying with the above-mentioned conditions of approval. Attachments Exhibit A- Selected Plans from Medtronic BCN Dry Room Civil Set (6800 Shingle Creek Parkway), prepared by BWBR, dated March 13, 2018. Exhibit B- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated April 4, 2018. Exhibit C- Existing Landscape Inventory and Count, prepared by Architectural Alliance, dated February 6, 2001. Exhibit D- Draft Resolution for Site and Building Approval of the Medtronic Dry Room Addition (6800 Shingle Creek Pkwy). App. No. 2018-004 PC 04/12/2018 Page 10 a' !a &� a rte. � 9 g$ � ��a ��� 1���] li,�l��j �� e� � 1� �RRRR as �iE�� �ca � R __�,.. A �....- e:� y � g p ,!S �i� ��� @ a' 13 � ��£� i 313° � � ��� !g� �E� � 3li��t ��� 3• 33 6 . {psi �' n � "•�a ggi�,CC99 3� �33 ��� _� c eea as®® aaae�a ;� i � i�a� ������ ���a �€�te� ��°;��� �� e� �3 pi�`3 5! �. . .� 1 � £$p m O z n z 0 0 0 i I B T N iso, D °R -- ——_�---RA$$ 5� a 5i i r 5 _@ _ iTuu N. u i £a l api z lit 11 o a' e Li i I IRN WIN Wig ggR �9 _ �.. I. 3� �ffi F F� E$ H i i d "Hy aHun � n � a fa U Haig 1'!sci ➢ i,- Ro t o o g _ 0 0 - O -------------------------------- :s x . s ' IV (� z a 11 (I 11 IIkk m _ Vis: ��� � � \ k lz _ 0 n -4 ', � ?a �I `Y" � % exrsnvicecacxecam�x�\ .0 i __`J, >, ^, tP 6xfsmJc�ocrreta9mc\E—"I___ € %/7e. '� �I s g z o �m } � 2 �,�_P{ � - \ �����\\\\\\�� '�-� €n //1 E y �\{.3�\\\ –I I� p G6—KWA Y ------ - ---- IFP 14 —1—.1 ---- – – – – – – – P?I f-1 illIT Im - Lf. pr IAs xs \ � \€�._! P / i � !, `i�\�'° � �€— �I� III y/���' i�. \ \ '� 1\1m � l i i I 1\C�€ \ -f E E—I�I�IIs. fil A 4/I r \ \ \ h ! E , I - \ p ` \ ! _ I I III lit M1 ---------------- 2 - Rall Litt "EX -- T RE 10! \\&Lghk lip 4I h i IR t�1.5 .17 H NX WN n \ ' g' .\_ ,���\ — E I I 'I a a. \'E € �.s i° \ \. __ E R � ---, o a ---- _e e e _ a _ (I \ \ � /z i l "� �=-^6�\\ I` \ — — � I I I I e$ F$ge � =4 ; _!= a _ � \ \ E€ €Yt�, i . `�y. g � \ E } III I I \ \ �_ ai.�:� � � :�i Iii - �� ms. I \ \ 'a \\ \ \ z— h I� ti II i—A fl --------- - *4j�� — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — Illi – – – – – – – – – – – – – J I V I V VJ- v Ljl�/ u se !2. 'jin ............................... 33 '4333. .............. . ...................... .. . ..... .... ..... H.2 U. ww- 40 q6 S'R, Hmn He P. U A- i I \ I 11 j j � I I 59 \•\ / 1 I � I I \ I Mi 1 1 \ \ rr �— gep9 A / I rl 1 1 1 1 I I — ;ar• . r' \ I 11 j j � I I 59 \•\ / 1 I � I I \ I 1 1 \ \ rr �— gep9 A / I rl 1 1 1 1 I I \ / \\,I 11 / N qll 1 \ I —__—_ 59 \•\ / 1 I —7 • \ / rr �— gep9 A / I qll 1 \ I —__—_ 59 \•\ I —7 • \ / A / qll 1 \ I —__—_ 59 \•\ —7 • \ / A / I ;ar• . r' :rl lal-aU [MINIVi11 M DATE: April 4, 2018 TO: Ginny McIntosh, City Planner/ Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review— Medtronic Addition Public Works Department staff reviewed the following documents submitted for review on March 15, 2018, for the proposed Medtronic Addition: • Civil Site Plans dated March 13, 2018 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C4 — Detail and Specifications Plan All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. C4 — Detail and Specifications Plan 2. Profile existing watermain to show proper coverage over watermain after grading swales. Miscellaneous 3. See redlines for additional Site Plan comments. 4. Upon project completion, the applicant must submit an as -built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as -built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 5. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as -built survey). 6. The total disturbed area exceeds one acre, an NPDES permit is required. 7. Applicant must apply for a land disturbance permit. Medtronic Addition Site Plan Review Memo, March 30, 2018 8. Utility Facilities Easement Agreement required. Page 2 of 2 9. Final construction/demolition plans and speciFcations need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 10. A letter of credit or a cash escrow in the amount of 100^^/0 of the estimated cost as determined by City staff shall be deposited with the City. 1 1. A Construction Management Plan and Agreement is required that addresses general conshuction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, deFinition of responsibility provisions, temporary parking provisions, oveasll site condition provisions and non- compliance provisions. A sepaz-ate $2,500 deposit will be required as part of the non-compliance provision. Anticinme l Pernxrttiie:'_ 12. A City of Brooklyn Center land disturbance permit is required. 13. A MPCA-NPDE9 permit is required. 13. Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. l4. Copies of all required permits must be pt-ovided to the City prior to issuance of applicable building and land disturbance permits. ] 5. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of [his review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. � ' c �� - c� �}� a I �� ��� � a I ��� a 11 $f>:=1 m 1 ON MH a-: 1 it H 1 MIR IMM jul MINH; H 1 Mi —M 11 R I it .-Mun 1UNH '"In, nil! IN w! W- W 1 Hal a nu I MH is 1 1 if lul - - 1 � 1 lip U inn. df' 1m, Hu i I WHE U lit 1 11 1 R Ulu in liSs 83 HUE FUN a Hit f3, ai lit cu a o fD r,j 1 2- H �: ��|||! � } } \ � � . \ � o fD r,j 1 2- H 0 WA M ��ƒ )/ February 6, 2001 Mr. Ron Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Medtronic ECC Facility Proposed Addition to the 6800 Shingle Creek Parkway Building Dear Mr. Warren: Exhibit C AHCHITECTUM ALLIANCE 488 CLIFTON AVENUE SOUTH N1INNEAPOLIS, MINHESOTA 55403-3799 TELEPHONE 16121871-5703 FAX (612) 871-7212 Please find enclosed supplemental information relative to the landscape requirements for the Site and Building Plan Application submitted last week for the proposed 9,974 square foot addition to Medtronic's 6800 Shingle Creek Parkway building in Brooklyn Center. Assumptions For purposes of your review ( and based on the replatting process currently under way), we are assuming that the 6700 and 6800 buildings are looked upon as one site. Required Landsape Points The site is 19.13 acres. The development is light industrial. Following are the required landscape points: 0-2 acres at 75 points = 150 points 8 acres at 60 points = 480 points 9.13 acres at 40 points = 365.2 points, Total points required (19.13 acres) = 995.2 points Mr. Ron Warren February 6, 2001 Page 2 of 2 Existing Inventory The site has the following inventory of existing trees and shrubs: (95) Deciduous Trees (3" - 24" dia.): (22) Coniferous trees above 6' in height (4" - 11" dia): (12) Shrubs (2'- 0"- 8'- 0" crown dia.): (129) Total trees and shrubs Please refer to the attached copies of the landscape inventory. Please call me if you have any questions. Sincerely, - ^Ii�JLVFCTF�RHCII T AIA Principal Encl.: (2) Landscape Inventory Drawings Cc: Wolfe Hagmann Vange Soltau File 95 x 10 = 950 points 22 x 6= 132 points 12x.5 = 6op ints 1088 points H:\HQ PROJECIS\2001\200105601\Small Pori Folder Set-up\Correspondence\Letters\020601BrooklynCenterlandscapelnv.doc Trunk Diameters -- Medtronic ;1/1L4 e,& C e � (i/Q 00 /\ Hardwood Coniferous Shrubs (crown dia.) U 1'-2" 5" 4'-0" 4" 5" 4'-0" 91, 10" 4,-0" 1'-61, 10" 4'-0" 8" 4" 4'-0" 1'-0" 8" 2'-0" 91, 8" 4'-0" 1'-0" 8" 4'-0" 1'-0' 8" 4'-0" 11„ 5" 81-011 1,-2" 5" 4'-0„ 1'-4" 6" 4'-0" 1'-2" 61, 1'-2" 6" — 1'-0" 6„ 11" 6" 11" 6" 10" 11" 1'-2" 11" 2'-0" 11" 11" 10" 10" 4" 1 1'-0" X 2,_0,. V-6' 2'-0" fi 2'-0" 114" � j v 10" 2'-0" 1,_6„ g 1,_6" 1'-0" 1'-6" 1'-6" 1,-6" 1'-0" 1'-0" 9,. 11" 11" 10" 1'-0" n {- V-2" 11-01, V-4" 8. V-2" 6" 4" 10.1 11-01, 4" 6" 6" 6" 11-0.. 10.1 8. 6- 7'. 91, 10, 11" V-2", V-2" 11". V-3-, 101, 11-8.1. 8. 101. 91, , 3" 115 -J 11 / � Mv�_/ \/, � o = 05c) ��om0sNosa _ v gva � § $ )~° ( e /] _ v gva � Exhibit D Commissioner introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-005 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2018-004 SUBMITTED BY STEPHANIE ALSTEAD OF BWBR REQUESTING SITE AND BUILDING PLAN APPROVAL FOR A 13,427 -SQUARE FOOT DRY ROOM ADDITION TO THE MEDTRONIC NORTH BUILDING (LOCATED AT 6800 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2018-004 was submitted by Stephanie Alstead of BWBR on behalf of Medtronic, Inc, requesting consideration of Site and Building Plan approval for a proposed approximately 13,427 -square foot dry room addition to the Medtronic north building, located at 6800 Shingle Creek Parkway; and WHEREAS, on April 12, 2018, the Planning Commission reviewed and received a planning report and Assistant City Engineer's memorandum on the proposed Site and Building Plan for the proposed approximately 13,427 -square foot dry room addition, to be constructed within the interior courtyard of the Medtronic north building; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site and Building Plan an appropriate and reasonable development on the subject property. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the Site and Building Plan for the proposed approximately 13,427 -square foot dry room addition, to be located at 6800 Shingle Creek Parkway, as comprehended under Planning Application No. 2018- 004, may be approved based on the following considerations: A. The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B. The improvements and utilization of the property as proposed under the planned addition on this site is considered a reasonable use of the property and will conform with ordinance standards; C. The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city as it is designated for an industrial use; D. The Site and Building Plan proposal appears to be a good long range use of the existing site and the proposed addition can be considered an asset to the community; and E. Based upon the above considerations, it is believed that the guidelines for PC RESOLUTION NO. 2018-005 evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the building and site plan proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED that the Planning Commission of the City of Brooklyn Center, Minnesota, does hereby recommend to the City Council that Planning Application No. 2018-004 be approved subject to the following conditions and considerations: 1. Building and Site Plan Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire -related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b. The Applicant shall work with the City/Fire Department to ensure adequate access is provided for emergency vehicles on the interior courtyard of the north building. c. The Applicant shall verify that the proposed building and site has met City Code requirements. d. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a. The Property Owner/Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan. b. The Applicant shall submit an as -built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated April 4, 2018 (Exhibit B): a. Final grading, drainage, utility, irrigation, erosion control, and as -built plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. PC RESOLUTION NO. 2018-005 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 5. Facilities and Equipment: a. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b. Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c. The Applicant shall comply with the special requirements for I1 -zoned properties as identified under Section 35-413 of the Zoning Ordinance. d. The proposed wall -pack lighting on the addition shall be installed below the rooftop of the existing north building. The lighting shall meet the provisions of Section 35-712 (Lighting) with regard to maximum foot-candles for both the surrounding non-residential, as well as residential properties. Landscaping: a. An updated landscaping inventory shall be provided to the City as part of the building permit process for verification of conformance with the City's Landscape Point System Policy. i. Any identified missing trees or shrubs from the last updated landscaping inventory (dated February 6, 2001, and attached as Exhibit C) will require replacement as a condition of approval. b. A replacement tree shall be planted in proximity to the location of the tree identified for removal. 7. Signage: The Applicant shall submit a Building Permit application for any proposcd signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). PC RESOLUTION NO. 2018-005 ATTEST: April 12, 2018 Date Ginny McIntosh, Secretary Randall Christensen, Chair 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. Stephanie Alstead (BWBR) | Medtronic Item 9.a REQUEST: (1)Site and Building Plan City Council Meeting of 04/23/2018 Background & Request Applicant is requesting: (1) Approval of a Site and Building Plan for an approximately 13,427-square foot “dry room” addition on the interior courtyard of the Medtronic north building (located at 6800 Shingle Creek Parkway). Medtronic is located on ~19 acres and includes two buildings (north and south), a walkway connection, parking areas and other improvements Property is zoned I1 (Industrial Park) District Subject Property History The first Medtronic building was constructed around 1973 A second building was constructed around 1976 This building was intended for use as a facility for battery production Building required issuance of a variance from the City’s Fire Code to allow for the installation of two special “dry rooms” where lithium would be used in the manufacture of batteries for electronic medical devices (e.g., heart pacemakers). The humidity in “dry rooms” is strictly controlled, and water, such as found in fire suppression systems is avoided as water and lithium do not mix well together. Other site improvements were added to the site over the years, including the addition of a walkway between the north and south buildings and an approximately 9,974-square foot addition to the north building in 2001. Source: Yelp/AMF Existing Conditions Source: Ginny McIntosh Building Review 13,427-square foot “dry room” addition to be constructed within the interior courtyard of the u- shaped north building Select existing utilities, concrete pads, downspouts, guardrails and stairs would be removed Existing skyway and stormwater catch basins to be preserved during construction Building addition would utilize the following materials: Precast concrete panels Aluminum curtain walls and composite metal panels Glazing (glass) Metal louver screen walls Source: BWBR Access and Parking Existing access points off Shingle Creek Parkway would remain Some parking spaces would be removed from interior courtyard—33 90-degree parking spaces would be re-installed Assuming a use of “Industry and Wholesale” a minimum of 644 parking spaces is required. Following construction of the addition, 855 parking spaces would be located on site. Parking Use Minimum Required Parking Spaces Provided Parking Spaces (in bold) Industry and Wholesale 1 stall for every 2 employees (maximum average shift) OR 1 stall per every 800 square feet, whichever is greater 644 spaces (assuming 1,287 employees) OR 382 spaces (assuming ADA 2% of total (for 501 to 1,000 parking spaces per 2015 Minnesota Accessibility Code) OR 13 spaces assuming minimum 644 spaces Total Required Parking 644 spaces (ADA spaces incorporated into total) Total Provided Parking 855 spaces (ADA spaces incorporated into total) Lighting | Screening | Performance Standards Lighting Photometric Plan: No photometric plan was provided The four proposed light fixtures would all be located within the interior courtyard of the north building Per City Code, lighting is to be down-cast, with cut-off style fixtures. The proposed lighting would be LED and possess a flat lens. Per Staff: Request to install fixtures below existing rooftop line to avoid light spray Screening Roof-mounted equipment (visible from public right-of-way). Proposed roof-mounted equipment would be screened by the proposed metal louver screen walls Performance Standards The Subject Property is zoned I1 (Industrial Park) District and is subject to Section 35-413 (Special Requirements in I-1 and I-2 Districts) of the City’s Zoning Ordinance. Requires compliance with certain standards of operation, including, but not limited to: explosives, adherence to maximum noise (decibels), vibration, waste, and outdoor storage. Source: BWBR Landscaping No landscaping plan was provided as part of the submittal for the proposed 13,427-square foot dry room addition. The City notes under Section 35-230 (Plan Approval) of the Zoning Ordinance that, “concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning Commission” certain documents and information. This includes an, “accurately scaled and dimensioned site plan indicating parking layout including provisions, designation of locations of possible accessory buildings; landscaping, including trees and shrubbery within indication of species, planting, size and location.” A landscape inventory was submitted as part of an application for an addition in 2001. Based on a review, it was determined that a minimum 1,088 points was required to meet the Landscape Point System Policy minimums: 95 deciduous trees 22 coniferous trees 12 shrubs_________ 129 trees and shrubs (total) Staff Requests •Installation of a replacement tree for proposed tree removal •Applicant shall provide an updated landscaping inventory that verifies compliance with Landscape Point System Policy •Any missing trees or shrubs are to be replaced Staff Reviews Assistant City Engineer Applicant shall comply with the comments and conditions as noted in the memorandum dated April 4, 2018 (Exhibit B). Fire Inspector Per plans received, “the existing building is sprinklered and the addition will be sprinklered throughout.” National Fire Protection Association (NFPA) 13 (Standard for the Installation of Sprinkler Systems), An ‘alternative means and methods form of fire suppression’ not using water is required at spaces containing lithium due to lithium being a water reactive hazard. As proposed, a “hand held alternative fire suppression is to be used at dry rooms which do contain exposed lithium. The existing dry room uses the hand held alternative fire suppression and the proposed alternative fire suppression system for the new dry room will be submitted to the City for review and approval.” The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code and Building Code requirements. Summary Planning Commission received and reviewed the staff report and plans at their April 12th meeting No notice was provided in the Brooklyn Center Sun Post and no mail notices were sent out as this request does not require a public hearing Applicant Stephanie Alstead (BWBR) was in attendance and spoke with the Commissioners regarding the project, however, no other comments (for or against) were received. Planning Commission adopted PC Resolution No. 2018-005 (Site and Building Plan) unanimously (6-0), and recommended City Council approval of Planning Application No. 2018-004, submitted by Stephanie Alstead of BWBR. Recommendation Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolution regarding the recommended disposition of Planning Application No. 2018-004 submitted by Stephanie Alstead (BWBR) on behalf of Medtronic, Inc. for the approval of: 1.A site and building plan to construct a 13,427-square foot “dry room” addition within the interior courtyard of the Medtronic north building located at 6800 Shingle Creek Parkway. Approval of the request is subject to the Applicant complying with the Site and Building Plan Approval Conditions as outlined in the Planning Commission Report dated April 12, 2018, and resolution. City Council Agenda Item No_ 9b COUNCIL ITEM MEMORANDUM DATfi: April 23, 2018 TO: Curt Boganey, City Manager Reginald Edwards aputy City Manager THROUGH: Meg Beekman, Community Dev FROM: Ginny McIntosh, City Plannar/Zoning Administrator $^'My SUBTECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2018-005, Submitted by Neal Thao of Noble Academy, Requesting Site Plan Approval for a Parking Lot and Driveway Expansion (6201 Noble Avenue North) Recommendation: It is recommended that the City Council, following consideration of this Planning Commission Application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2018-005, submitted by Neal Thao of Noble Academy, requesting approval of a site plan for the expansion of the existing parking lot and driveway areas of the property located at 6201 Noble Avenue North. Approval is subject to the Applicant/Property Owner complying with the conditions outlined in the Site Plan and Documents Approval Section of the Planning Commission Staff Report dated April 12, 2018 (attached), with the exception of the noted amendment to the conditions below. Background: On April 12, 2018, the Planning Commission reviewed Application No. 2018-005, submitted by Neal Thao of Noble Academy, for the requesxed approval of a site plan to expand upon the existing parking lot and driveway areas for the property located at 6207 Noble Avenue North. This request is associated with plans to re -open the former Odyssey Academy, which closed in 2017, as Nompeng Academy, and improve the overall site cirroulation, accommodation, and student safety. As site approvals do not require a public hearing, no notice was published in the Brooklyn Center Sun Past, and no mail notices were sent. The Planning Commission reviewed the aforementioned application and asked questions of City staff and the Applicant. Following discussion, the Planning Commission voted unanimously (6-O) in favor of the requested approval of the site plan, subject to the Applicant working with City staff to identify the minimum drive aisle required to accommodate emergency vehicles (e.g., flre trucks) within the proposed bus -only drive area. During the initial review of the pt-oject proposal, staff determined that a minimum 24 -foot wide drive aisle was required per the Zoning Ordinance for O -degree (or parallel) parking, rather than the as -proposed segments of 14 -Foot, 15.5 -foot, and 19 -foot sections of drive aisle noted on the submitted site plan. This condition was noted iv the Staff Report's Site Plan and Documents Approval Conditions Section under l.a.iv. Upon further review, staff noted that the Zoning Ordinance does not outline whether the minimum O - degree (parallel) drive aisle requirement assumes one-way or two-way trafSe, as is clearly outlined in the cases of 90 -degree, 60 -degree, and 45 -degree parking. Following the Planning Commission meeting, staff reviewed neighboring city requirements for parallel parking and noted that a minimum Om' 1 isf<n : tY inion l3rcrv)dyn Cent,x+ a ffirlv(n8, c/iverxe c <fp• w[fh afi</[ nn>Ke lhn+ ing, bz<sfna ednnn/ and r <u enttona/ r�SrinKs. I/ i., en/e nd fru�hrsivp place• ehnr Perop/e ofn// ngrss [ave ro an/1 home. nn<l v6al[ors enJ<ry <fue /n its cam nnJm+f lorntion unAromn+ilmnnf 1p n /reu!<hy cnvu mm�co+f ArN TAT!`IYY YTTI® Ar A 9-Y77% ATT,&YT1% Ar %_. UJ U 1N k_.1L 1 1 Ej V1 1riLiV t" ' 1 111 U 1V1 12 -foot wide drive aisle was a typical requirement for a one-way drive aisle with 0 -degree (parallel) parking. During a discussion with Fire Inspector Brandon Gautsch and Building Official Dan Grinsteinner, it was determined that, per City Fire Code Section 503.2.1 (Dimensions), "Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6..." City staff followed up with the Applicant and Engineer and advised that a minimum drive aisle of 20 feet would be required. The Applicant and Engineer responded back, noting that they would revise the site plans to reflect a 20 foot -wide drive aisle, rather than the sections of 14 foot, 15.5 foot, and 19 foot aisles as initially proposed. These revisions, along with all other plan -specific conditions, would need to be reflected in the site plans submitted as part of the building permit/land disturbance (alteration) review process. Attached for your review are copies of the Planning Commission Staff Report and exhibits dated April 12, 2018, and a draft copy of the Council resolution. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Targeted Redevelopment Our Vision: We envision Brooklyn Center cis a thriving, erre conumnih), with o fell range of hoitsing, business, cultural and recreationalq Jer inas. It is a safe and inclusive place that people nfall ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-005, SUBMITTED BY NEAL THAO OF NOBLE ACADEMY, REQUESTING SITE PLAN APPROVAL FOR A PARKING LOT AND DRIVEWAY EXPANSION (6201 NOBLE AVENUE NORTH) WHEREAS, Planning Commission Application No. 2018-005 was submitted by Neal Thao of Noble Academy requesting consideration of Site Plan approval for a proposed expansion of the parking lot and driveway areas for the subject property located at 6201 Noble Avenue North; and WHEREAS, on April 12, 2018, the Planning Commission received and reviewed a planning report and Assistant City Engineer's memorandum on the proposed Site Plan and improvements for the proposed parking lot and driveway expansion; and WHEREAS, in utilizing the guidelines and standards for evaluating site plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this Site Plan an appropriate and reasonable improvement to the subject property. WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the Site Plan for the proposed parking lot and driveway expansions, located at 6201 Noble Avenue North, and as comprehended under Planning Commission Application No. 2018-005, may be approved based on the following considerations: A. The Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B. The improvements and utilization of the property as proposed under the planned improvements to this site is considered a reasonable use of the property and will conform with ordinance standards; C. The Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city as it is designated for a school use; D. The Site Plan proposal appears to be a good long range use of the existing site and the proposed parking lot and driveway expansion improvements can be considered an asset to the community; and E. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site Plan, as contained in Section 35-230 (Plan RESOLUTION NO. Approval) of the City's Zoning Ordinance, are met and the site plan proposal is, therefore, in the best interest of the community. AND WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota, hereby fiuther recommends the City Council approve Planning Commission Application No. 2018-005, subject to the following considerations and conditions: 1. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site Plan can only be made by an amendment to the approved Site Plan as approved by the City Council. Per a review of the submitted plans, staff is recommending that the following changes be incorporated as part of site plan approval and under the building permit process: i. The proposed bus -only driveway and driveway apron shall be relocated away from the property line and residential property to the north. ii. The proposed three (3) space hammerhead is to be removed. iii. The proposed one-way drop off along Noble Avenue North shall be re -directed and the angled parking spaces shall be changed accordingly. Should the three parking spaces proposed at the hammerhead be necessary, these spaces may be shifted to the angled parking along Noble Avenue North. iv. The bus -only driveway shall be re -configured and one 90 - degree bus parking space removed in order to meet the ininirnuir. lire apparatus access road requirements of the City's Fire Code. b. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit/Land Disturbance (Alteration) Permit. 2. Agreements: a. The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of permits. b. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and RESOLUTION NO. maintained in conformance with the plans, specifications and standards comprehended under this Site Plan. C. The Developer shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated April 4, 2018 (Exhibit D). a. A City land disturbance (alteration) permit is required. b. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b. The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 5. Facilities and Equipment: a. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view per City requirements. b. The proposed 20 -foot by 13 -foot trash enclosure shall be constructed w tli buuld.ng materials that are com 11c.nei�tar�� to the principal building (school building) and fully screen all waste and recycling containers. 6. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a. The Applicant shall provide a revised landscape plan that will provide screening along parking areas (i.e. front parking lot along Noble Avenue North, main parking area, and bus driveway/parking as part of any Building Permit/Land Disturbance (Alteration) approval. b. Per City requirements, an irrigation system is required. C. The contractor shall submit irrigation shop drawings for review and approval prior to installation. RESOLUTION NO. 7. Signage: Signage for the Subject Property is subject to the Chapter 34 (Sign Ordinance) and the approved special use permit provisions for the dynamic messages sign along Noble Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-005, as submitted by Neal Thao of Noble Academy, requesting approval of a Site Plan to expand upon the existing parking and driveway areas for the property located at 6201 Noble Avenue North, is hereby approved subject to the conditions memorialized herein. ATTEST: l 23, 2018 Date City Clerk Mayor 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. +.^t �/�5 'i /fti -/ \N -Z P)BDfIIDg CDMMI$$(DD Report • Application Fiietl: 03/13/2018 Meeting Date: Apri112, 2018 Review Period (60 -day) Deadline: 05/12/2018 Extension Declared: N/A • Extended Review Perlad Deadline: N/A Application No. 2018-005 Applicant: Neal Thao (Noble Academy) Location: 6201 Noble Avenue North Request: Site Plan Approval fora Parking Lot and Driveway Expansion INTRODUCTION - Neal Thao, Superintendent of the Noble Academy ("the Appli<a nt"), is requesting review and consideration of a proposed revision to a site plan that would expand the existing parking lot area and Install abus-only driveway at the former Odyssey Academy, located at 6201 Noble Avenue North ("the BubJect Property"). Please refer to Exhibit A. This request is associatetl with the Applicant's plans to open Nompeng Academy In the fall of 2018. This school woultl serve students aged kindergarten through eighth grade and would operate as a Noble Academy School. The existing Noble Academy, located in Brooklyn Park, currently serves approximately 1,000 students, and has a waiting list of at least 200 students. This application is for a second school. COMPREHENSIVE PLAN AND ZONING STANDARDS Lond Use P/on: 5 -Schools Neighborhood: Kylawn Current Zoning: Rl (One Family Residence) District Surrounding Zoning: North: R3 (One Family Residence) District East: Rl (One Family Residence) District South: Airport Overlay District -City of Crystal (Crystal Mac WIIdlife Area) West: Rl (One Family Residence) District Site Area: 13.39 acres (per submittetl plans) BACKGROUND The Subject PropeKy, located at 6201 Noble Avenue North, was constructed in 1965 as the Orchard Lane Elementary School. Orchard Lane was subsequently closed and the Otlyssey Academy opened, where it remained for 19 years before closing last year (2017). The existing school building is approximately 54,800 -square feet in size and is one story In height. Pursuant to City Zoning Code Section 35-310, Subpart 2, "Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education' are App. Np. 2018-005 P<Oa/12/2018 Page 1 allowed by special use permit in the R3 (One Family Residence) District. The City is unable to determine through historical records if the Property was ever approved with an original special use permit to operate the school. For all intents antl purposes, this Property has functioned as a school site since 1965. In 1993, Planning Commission Application No. 93-017 was reviewed and approved by the Planning Commission and City Council fora 2,800 -square foot atldition, Interior remodeling antl expansion, antl an expansion to the parking area. As part of this Application, a Special Use Permit was issued "ex post facto' for She school use (Exhibit B). �,_, '�1 '- I �' � � - r' r:1 !� )� ,1 j I t I'. �r r S_ T hw �- ..� c r ii r 'r i r _ter std {`I r „ .'i: t, f � f �Ir �. t 1 r-�, r r �.l ,f -A r i � f �,r _. rL- �� . 'I r I ._� rl _ _ "l � ' 1 1 � IRS .r. F3 !' 1 � — (I r _ e;{. - � y � � A t �r � (- C ( fab I 4 1. ti `�,1y.r .. Ai'1{ = �` �, ,C: � � �_ � �1 � , Map 1. Ezlsting Slte Configuration of Subject property (6201 Noble Avenue N). SITE PLAN APPROVAL In anticipation of the school opening in fall 2018, the Applicant is requesting approval of the proposed site plan for the as proposed parking area and bus -only driveway Improvements. In conversations with the Applicant and other school staff, {t was Identified that the school would likely have an anticipated enrollment of between 350 and 530 students attending kintlergarten through eighth grade. With this in mind, there would be 40 to 50 teaching and other school staff on site. Acress and Parklna The Applicant Intends to maintain access to the school property via two existing curb cuts along Noble Avenue North. The existing northerly drive, located along the front of the school, allows for one way access and lim itetl angled parking. The southerly tlrive provides on-site, 90 -degree parking. In total, there are currently 69 parking spaces on site. As proposed, an additional 49 regular parking spaces would be added to the site. A third curb cut would also be addetl to provide relief for buses via sone -way, bus -only driveway. This bus driveway would feature an additional six parallel parking spaces. An additional four 90 -degree parking spaces and two parallel spaces are noted on the submittetl plans as reserved bus parking. The Intent of the bus -only driveway and parking is safety-related and is Intended to provide direct access for students to and from the buses from the sidewalk behind the school, rather than forcing students to cross the parking lot. App. No. 2018-005 PC 04/12/2018 Pege 2 In a conversation with the Applicant and school staff, it was indicated that The existing Noble Academy in Brooklyn Park has 19 buses available for 1,000 students. As the Applicant estimates that nearly all students will rely on the school's bus service at [he proposed Nompeng Academy, a minimum of eight to ten buses would be necessary to transport students. As proposed on the site plan, 12 bus parking spaces would be provldetl. The proposed bus access driveway would be located 10.7 feel off the northern property line, and the driveway apron would touch the northern property line. City staff held discussions regarding the proposed circulation of the site and requested that the Applicant furnish a copy of the proposed circulation/traffic flow of the Subject Property. Based on these discussions, staff was In agreement that the Applicant should consider and make the following requested changes (refer to Exhibit C): 1. The proposed bus -only driveway is too close to the property Ilne to the north, which contains a residential property. The driveway shall be re -aligned to an area closer to the school and the proposed driveway apron shall be located away from the northern property line; 2. The proposed one-way drop off lane should be re -directed and [he parking spaces should be flipped in the opposite direction. Due to the installation of a third curb cut, staff is concerned that the short distance between the existing northerly curb cut and proposed third curb cut could obstruct traffic and egress for buses; 3. The proposed three (3) space hammerhead and turnaround off of Noble Avenue North is to be removed. If the three parking spaces are necessary for installation near the front of the school (facing Noble Avenue N), installation could occur adjacent to the existing parking spaces along Noble Avenue North antl signed as necessary (e.g., "Superintendent Parking Only"); and 4. The entrance to the bus -only driveway is too narrow at 14 -feet in width. The minimum drive aisle width for O -degree (parallel) parking is 24 feet in width. The 90 -degree bus parking space immediately to the east of this dAveway is to be removetl in ord¢r to provide the additional width necessary to meet the minimum req ulrements, as well as provide adequate spacing for buses and emergency vehicles. This would reduce the number of bus bays io 11. The Applicant will need to adhere to the minimum off-street parking requirements under the City's Zoning Ordinance (Chapter 35). This includes conformance with the minimum width, depth, and drive aisle spacing require mems. In conducting a review of the parking requirements under Planning Commission Application No. 93-017, it was noted that, "there Is no established parking formula for schools in the Zoning Ordinance and we have tended to look at the number of full time and part time employees as being a basis for determining adequate onsite parking." As it is estimated that a maximum of 40 to 50 staff would be located at the school, a minimum of 50 parking spaces would be necessary. As proposed, sufficient parking would be provided for staff given a proposetl 113 parking spaces for cars and an additional 11 bus bays. The 2015 Minnesota Accessibility Code requires a minimum of five accessible parking spaces given a range of between 101 to 150 parking spaces. The proposetl plans Indicate that the minimum flue spaces would be provided. The Applicant shall work with the Fire Inspector to ensure She site plan meets 2015 Minnesota Fire Code provisions, Including, but not limited to: maximum distance from fire hydrants, direct emergency access to ris¢r/utility room, and minimum turn radius requirements for fir¢ trucks. YP ' Pc oa/lz/zots Page 3 LIGHTING I TRASH I SCREENING Lighting The submitted photometric plan notes that all new luminaires will be LED with cutoff style lenses. The Applicant has also indicated that the proposed lighting would meet the requirements of Section 35-712 (Lighting) of the City Zoning Code by not exceeding three (3) foot candles measured at property lines abutting residentially zoned property. As is specified, no glare shall emanate from or be visible beyond the boundaries of the illuminated premises. The photometric plan notes that the maximum number of foot candles for any light poles or wall -pack fixtures would be not more than 0.27 foot candles on average at the property line. As proposed, 13 wall - pack style fixtures would be installed around all four sides of the school building. Four 24 -foot high poles would be located along the front of the school building, and nine 24 -foot high poles would be mounted along the perimeter of the main parking lot and bus -only driveway. An existing 30 -foot high Cobra head light post would remain in place near the adjacent church property and 63`d Avenue North. This existing fixture does not possess a cutoff lens. Trash The site would feature an approximately 20 -foot by 13 -foot trash enclosure, which would be located approximately 75 feet west of the school building, and across the proposed bus -only driveway. The City has normally viewed these areas as "accessory structures," which are permitted with a minimum required setback of three (3) feet from side and rear lot lines. Trash containers are to be fully enclosed through use of fence or masonry type materials complementary to the principal building which effectively screen any dumpsters or recycling containers within. Screening The trash containers and any other ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way and properties by a solid wall or fence constructed of wood, masonry, or other durable materials that are complementary to the materials used on the primary building. Landscaping The project submittal includes a landscape plan; however, no planting schedule was provided. Although City Code does not have any specific requirements on landscaping types and species, the City has operated under and held new and redeveloped areas to complying with the City's adopted Landscape Point System Policy, which assigns points to a given site based on the acreage of a development. As "schools" are not specifically outlined as a use under the Landscape Point System Policy, staff reviewed the submitted plans to determine whether adequate screening would be provided for the parking areas. Per Section 35-711 (Parking Lot Screening), "such off-street parking and loading areas within any yards which abut along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council." Per the staff report submitted with Planning Commission Application No. 93-017, the then -Applicant proposed incorporating 17 Globe Arborvitae and five American Dark Green Arborvitae to be interspersed between the existing Ash trees along the front of the school (facing Noble Avenue North) to provide screening for the parking. Additional plantings were placed in strategic locations to camouflage the parking areas. Based on a review of the submitted Landscape Plan, the Ash trees appear to still be in place, but no Arborvitae are noted on the plans. App. No. 2018-005 PC 04/12/2018 Page 4 No landscaping is noted in front of the angled parking spaces along Noble Avenue North and there appear to be no trees or shrubs noted for screening in the main parking area. As proposed, 35 sea green junipers would be Installed In strategic locations near the main parking lot and bus -only driveway. The Applicaht shall work with Clty staff to install trees or shrubs in front of the parking spaces along Noble Avenue North, along the bus -only driveway, and around the main parking areas. As part of any approval, the Applicant will need to install an irrigation system and provide shop drawings of the proposed irrigation system for City review. The landscape plan, dated March 13, 2018, notes "underground irrigation to be provided:' ASSISTANT CITY ENGINEER REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documents. Comments regarding this application can be found in the memorandum to city staff and dated April 4, x018, attached hereto (Exhibit D). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance or building permits. The Installation of all utility services and lines, and the finished grading of the Subject Property are to be reviewed and conducted untler issuance of a separate Land Disturbance (Alteration) permit, which is reviewed and approved by City engineers, and inspected for completeness by City engineers and builtling ofFlclals. In addition, an MPGA NPDES permit is r¢quired. As referenced, the Applicant, as part of their review, provided a copy of their completed site Stormwater Management Plan (Exhibit E). Given that the proposed parking lot expansion would encroach Into an existing floodplain (Flood Zone A), an additional memo was provided to offer justification that the parking loY expansion would not have an impact on the floodplain. Per Section 35-2100 (Floodp/ain Management), permitted uses within the General Floodplain District, which Includes Flood Zone A, include both "residential lawns, gardens, oarkine areas. and play areas;' and "Industrial -commercial loading areas, oarkine areas. and airport landing strips." Unless otherwise approved by the City Engineer, the perimeters of all driving and parking areas shall be bounded by type 66-12 curb and gutter. FIRE INSPECTOR REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. This includes, but is not limited to, the minimum turn radius necessary for emergency vehicle/fire truck access. SIGNAGE No formal requests for approval were made as part of the application submittal. Any new signage, Including wall and monument signs, would require conformance with Chapter 34 of the City Code (S/gn Ord/nonce). As a note, the Subject Property received approval of a special use perm It to Install a dynamic messages sign (DMS) as a public use In the residential district per Section 35-140 (Permitted Stgns). Any requests beyond the allowances identified In the Sign Ordinance and special use permit approval would require that the Applicant apply for and receive approval to tleviate from the Sign Ordinance. The Applicant will need to file a separate Building Permit application for any proposed signage. Based on staffflndings, staff recommends P/rrnn/ng Commiss/on recomm¢nd Approvo! of the site plan App. No. 2018-005 PC 04/12/2018 Page 5 request to expand the existing parking lot and driveway areas for the Subject Property located at 6201 Noble Avenue North; subject to the Applicant complying with the comments outlined in the Site Plan and Document Approval Conditions noted below. SITE PLAN AND DOCUMENTS APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2018-005 for the Subject Property located at 6201 Noble Avenue North: 1. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site Plan as approved by the City Council. Per a review of the submitted plans, staff is recommending that the following changes be incorporated as part of site plan approval and under the building permit process: i. The proposed bus -only driveway and driveway apron shall be relocated away from the property line and residential property to the north. ii. The proposed three (3) space hammerhead is to be removed. iii. The proposed one-way drop off along Noble Avenue North shall be re -directed and the angled parking spaces shall be flipped accordingly. Should the three parking spaces proposed at the hammerhead be necessary, these spaces may be shifted to the angled parking along Noble Avenue North. iv. The bus -only driveway shall be re -configured and one 90 -degree bus parking space removed in order to meet the minimum 24 - foot drive aisle requirements for 0 -degree (parallel) parking. b. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit/Land Disturbance (Alteration) Permit. 2. Agreements: a. The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. b. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site Plan. C. The Developer shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. App. No. 2U18-UU5 PC 04/12/2018 Page 6 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated April 4, 2018 (Exhibit D). a. A City land disturbance (alteration) permit is required. b. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b. The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. Facilities and Equipment: a. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view per City requirements. b. The proposed 20 -foot by 13 -foot trash enclosure shall be constructed with building materials that are complementary to the principal building (school building) and fully screen all waste and recycling containers. 6. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a. The Applicant shall provide a revised landscape plan that will provide screening along parking areas (i.e. front parking lot along Noble Avenue North, main parking area, and bus driveway/parking) as part of any Building Permit /Land Disturbance (Alteration) approval. b. Per City requirements, an irrigation system is required. C. The contractor shall submit irrigation shop drawings for review and approval prior to installation. Signage: Signage for the Subject Property is subject to the Chapter 34 (Sign Ordinance) and the approved special use permit provisions for the dynamic messages sign along Noble Avenue North. RECOMMENDATION Based on the above -noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends approval to the City Council of the as proposed site plan for the Subject Property located at 6201 Noble Avenue North (Subject Property), subject to the Owner/Applicant complying with the conditions outlined in the Site Plan and Documents Approval Conditions of this Staff Report. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the App. No. 2018-005 PC 04/12/2018 Page 7 draft resolution attached as Exhibit F. Attachments Exhibit A- Civil Set Plans for the Noble Academy Parking Expansion, prepared by the Gregory Group, Inc., dated March 13, 2018. Exhibit B- Planning Commission Application No. 93-017 and staff report, dated December 9, 1993. Exhibit C- Exhibit A -Traffic Flow Plan for 6201 Noble Academy Parking Expansion with comments by City Staff, prepared by the Gregory Group, Inc., undated. Exhibit D -Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated April 4, 2018. Exhibit E- Memo, prepared by the Gregory Group, Inc., dated March 13, 2018. Exhibit F- Draft Resolution for Noble/Nompeng Academy Site Plan. App. No. 2018-005 PC 04/12/2018 Page 8 J����.�. _� k ° | m ; \� � . ] ! / q - %© � , �»\ \ o � � . . g� �: 2 � � � � \q ` `�`� � ��� � � ` a — � - � r �� � ° /� n m ,f # � t' - 7 � , . _ � � �!� .. j�K / � rn � �.f� .. K\ �� f \ � S � rn n � � r � � §_§ �� 2 � � $ � �� ` ° � °� ~ � � � � � \ . . $\� . / < _ Q � z \ �� � � /�� / 7 � � � � _� � � � � � � � / . i � # ;| � - - � z . ; ` -- ! � � � - \|� «� � � <� ,� � « . � \�:2�� . .�.� o \ ���\\rf z m �§ }-�/ �|§HR§|� ! � )� / \ \ \ _!! ! ! dD ;:�� 7�� �S�E -�+ r?� z' ��� GC z%�:g� 1 jr t•a, r� i .�.! ��' I'�:? A � i A1! � !� � �. It EF � a � '" ° y P e ® a s= �I g E 3 � a S F i � � as. �1 3i � s �e �o .c �� � � �� -�p � @ o 1 ;i��z�j�°9°�j�i�p�lj'!��i;j�9 ®° Ilie!jiig!IjE!t�sj�!8°!�'�!1!� ' i,�ll°s � ! E3'°', !!5i" li.,a�,isi �oliii� � i4§ i ° 1�°!s h N� S e� §. p3.i° € e�il. ;; i; i ° ° 4 � °e !. ° 3 � � �� ieiie. f�i S! i�js°' c =e a. � Fa � � � rr � § �gg � � a � �� � � s� T �� u � � � 1e o€ � ii �� � �� �:�� a �� 3 � R e� Bc�� S 3 p e s��g@k�� ��� � � ass is � � �� � $��� �� �� �� � Ep�j i ��1; +� f m �s �� p�P� � 1 y a� r t � €a ��6D G a���������� �����`� � "� °� a f �' �Y.._.. m $$gg . .. ,. ��� 4.. - � X93 p �[� �' �A �F � � e X35 � �5� �� � �� � �=�°��S„��� ��' ��� � �P� �� 0 �� �����z��'� P � � �� € �� s �� 5 e.. � � � � � va, le� � �� � i� �� E� �i� 4 �e a a� � a ��� � � � ���� . -.. - . -- - - r n . __ g �$ ��� � ����������� �� � ����5 � g�� ���° ����� awl � p a����� � ���� ���� ����� �� �� ����€ �� � � ����� �� pb Q Ic 3 � � �6 0. N 9 ����� � � ��� ��� � � � � ��� � � � s� ���� ���� ��� a C] ��' - � � �' i� k` x � 1 _ n� � -.� 1 2 s�gp� `�se Stijl � _ � a .��' �� J ��1 y � y _ �: i . ' -''k - _ a. 1 �� 1�I `s r �' - 4 _ � � °3� • 6 a ����...91I�I I--����Di09�lP911���� -a � � � k �; 9s lid •i'"'; e. I, �-1� � E� :C � �I1. __—_�� eE x. �J� �p --_� 4z !� --------- �,;-= ,-tri — — . E'ka' ` `��� P��� E Ei ` e. F• 5 4 � �i i e•j F �V �: i i f 4, it p I _= � bg �"" I I< 's H ,� -4;�t a t 1� ��E., � 171: � e e � �� �� @@�� g', t a e --_� 4z !� --------- �,;-= ,-tri — — . E'ka' ` `��� P��� E Ei ` e. F• 5 4 � �i i e•j F z I �� E' � P• t.yF' 9- E. -- t"z� E' i=— i 3' �'EP .r _, s f' 4' t E" _ �V �: i i f 4, it p I I I< 's H ,� -4;�t ,�E t 1� ��E., � 171: � e 'P'��. �� j � g', t ��. s v s + J; n. z I �� E' � P• t.yF' 9- E. -- t"z� E' i=— i 3' �'EP .r _, s f' 4' t E" _ �V �: i i f 4, it p I I I< 's H ,� ,�E 1 171: IE v �` 1 q E, I I GI I -0 ��819 0 i. I �� �� 3y���F�€'��������� s����� era qqgg ��+a+c e a � � € e' h` ���� �������� o � $_ � I e � r F EES _ p I� p, , s�fi �e` ffi� 1, j F ffi I ., f ° r ¢f �� �� f IIp � t � Y $ if ��E 18$Y.n � I e� �rF e."_ .� - _..i. �� �._ {��� , 1 .ry n � I a I, I,'t I. ts � � � �� I ({�' 1 1 � ,b- a:.-. y i� . � e R �I @0�� � P ' r•c ��s�� k �� 1 Y,lp E � '� i� i iii is �, � ..P... r�dE; ! a� v.. !� t !s I lid ��-= x � ";I—� .%� a `_, �� � ���� .. �-' ri1 '� R �-i�� t, --' Iii a / it �.cR�— �..a I I I I _ _a i �r I � - - #f a , _ t �� - e. V . _.. - e- x.4 � p _ 2 l _ . _ Ef.F, ._ ny 1 8 ]� $ �' tx eo it x o- a 3 � �_ _ e°e II � �������F�€'�� � �� �� ��B�A � 11 1 3 �x�x � � � _ � �� _ til ��� ��� � �� � � - I � 1 � � _ � � t •.N 1'1 H , -pg�� 1�*.., � fi �� II '���� �ee � c 3 �� �� 1. _�11 Re 11 '1 1 � R�� ®&� 9 -E 311 � 11 d� � 11 a � i1� y ;�I YI.11,1t f .:��, '£ 1� ��� � A ��� ',V � ���'�1 ®TTI 11 '. I 1�i «.1 �y � � 33 ���� IIIA o a #-�� I ��o� 33 � / % S �� ,I ��11 ...-J '� 1^�p � �. �� 1 a Im 1 �=•�, _. _ _-�:_ � 1 1 1 � _ - - °3� 6 a A o�=�=�0.��.... III --�`� IIIII� f#°IIIA}��m � ° � F--_-. �.� � -�—_ _ � _ — �' E ��������� €�� � � � � �� � � � ' Pei ` '` � — � 1 ,, �—� � h i�� �B�I#� � � �s � k ♦ � � �, t� �- �� ., 1. $$ ®� 111 � �p f �� Y ♦. T , 1 1 P § a _ � P -; �� li 1. 1 ����' 4����5� 11 -� � f 3 §,. ♦ b� 11 t X11 ¢$ tl58 I 9 � a � �s� r. � - `,,� .-1 X111 U :I � 'I 'i � 1 ,1 1 j -g �y.l 1' ♦ 6 11 .. 1 11 t p �� � � I ��� s2� Ea .1 � I1 �� 1 � 88 11 6 � I 1111 f -� i- 1�\\ 11 r..r—.�u�_� _� � � � IR 11f 14 � �� 1 � �� 1� r� y 1 i �. e d 1 1 1 f I � _ _ - Jam' i- � �:f f i � k _. -. .-- ___ k r... �_ � _ .. _ ..�.. - �- b _. 1 - �� i� 6 I = ... r. t91 T f 1 ✓ -. � .. k p s� I { a. I I' � c I � '. � a'�4 - - 1 PY' 3 i B � � � a a i 9 a ..Y...... 1 ��� 8�;;o...n-dllll--D �= D 19 �I I, II=��-_=¢:�_....,�� �.__----� C � � A�f.:. � t } ` �n 1�1 �� � � �� � 1'` � � � 111 � 1 X11 � Ei IIS' � �3@ � I � - 1 ��§ �� III a : II':, I ¢�� e � I �1 II i4� � aa� I 1. � t �I �1 I 9 � � �I i � - .1 :': II II - Il v 7� 1 11 Ry i°� 111 1: 1 I� �� 1 � �_�EE � 'I X - �� I 1 i 1 c( s «_: I €�'4 1� 111 *'y= x �'� I Ix 1j Lr 1I I � — �. � b. - 1 i§@ I :I i11 .: .. 3 1 .I v' II. �Ig� 1 11-1 h � I � � Il �� 11 ill 11 � d i 1 � } �� � r ��' 1 $Y` I III � 1 � = 1:'; 1 — — — a - ��.J /'' i 1 '- I' -a i 1 _ � � _ 1 1 I _---� i.� L. s. � 1 1� I d�t - 4:Y � _ _. � 1.. — — — - T > I ' I Ii� II _ ___ 1�_. .. 1 1 '1� { n.� 1 ._.—� _ 1 t I 1 — - — 'I§[ 9 � � t1 n a a f �� �a�: a �� S �: � � J � Y h *��� e � .. �} A _ � p' Y � � � h 't ��® to X �i 0 n` 66,AA6 k� �� Exhibit C CITY OF BROOKLYN CENTER c....,.a m..r p mt. ta- Apendn Item Number �� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 930'17 -Independent School District No. 279 DEPT. BPPROVAL: � MANAGER'S REVIEW/RECOMMENDATION: No comments to supplemanf this report-Commems below/attachetl r.z r.wrtrrr.x�e.er.rr.w�x��yrrs.+�xwwr.ww,,.ww.ewwwx»wwwwwwwwr. r.wwr, r.auwawwwwr.wwwwwwsxs.xx Yx r.wr.wwsrnww»wwww w w w SUMMARY EXPLANATION:(supplemental sheets attached •Planning Commission Application No. 93017 submitted by Independent School District No, 279 is a request for site antl building plan and spacial use permit approval fora 2,800 square foot addition to the Orchard Lana Elementary school which is located at 620'1 Noble Avenue North. This application was consitlered by the Planning Commission at its December 9, '1993 meeting. Attached are minutes and Information sheets from that meeting, a map showing the area and various plans related to the proposed addition. This application was recommended for approval by the Planning Commission at its December 9, '1993 meeting subject to twelve condftions of approval. • voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Mickelson, and Wilfson. Voting against: none, The motion passed, There was a brief recess called at 8:30 and the Planning Commission reconvened at 8:46. APPLICATION NO. 93017 (INDEPENDENT SCHOOL DISTRICT NO, 279,) Chair Pro Tem Holmes introduced the next item of business, a request from Independent School District No. 279 for site and building plan and special use permit approval for a 2,800 ,;qlire foot addition to Orchard Lane Elementary School located at 4201 Noble Avenuo The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Applicalk.)n No, 93017, attached) and offered to answer any questions. Mr, HamiltCn <tnd Mr, Hayes also returned to answer questions. Com missioncr Willson asked where the elevator was to be and how much of it will stick up on the. roof, Mr, Hayes showed the; location of the elevator and explained two feet of the cgvipmon t would be visible on the roof, but adequate screening would be provided, Commissioner Holmes asked about asbestos and was told by Mr, Hamilton any asbestos dis arbgd wC)kild be handled with routine proper abatement, ®Ml% Hayes explained Orchard Lane is the only two story elementary school in District 279 :iad :hese changes to the school are needed to provide for updated handicap access and to n:zet INF -FA standards. I* Commissioner Holmes asked who owns the neighboring property where the pond would go, The Secretary responded it is the Brunk Park Baptist Church. He noted the Church and of ic-r property in this area would benefit from the addition of the pond as well as the school, Mr. Hayes printed out some extra landscaping on the site plan that seemed unnecessary to meet requirements. He suggested that particular part of the plan be eliminated and money divz-r cd to meeting the conditions igrthe9ming from the Br9ekiyn BQvievard study as mer-Joned in Planning Commission Application 93016, The Commission agreed that was ac —vptable and asked Mr. Hayes to submit a revised plan. Con-imissioner Mickelson Suggested the same changes to conditions in Application 93016 be made to Application 93017. PUBLIC HEARING (APPLICATION NO. 93417) Chair Fro Tcm Holmes opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval for a 2,800 square foot addition to +irehard Lane Elementary School located at 6201 Noble Avenue North at 9:02 p,m, He 12.',-93 5 b- inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and he entertained a motion to close the public hearing, UQSE PUBLIC HEARING There was a mntu)n by Commissioner Mickelson and seconded by Commissioner Hilstrom to close the public hearing at 9:02 p.m. The motion passed unanimously. AJ* ION RECOMMENDING APPROVAL OF APPLICATION NO. 93017 INDEPENDENT SCHOOL, DISTRICT NO. 279 There was I motion by Commissioner Mickelson and seconded by Commissioner Willson to rycot-mend approval of Application No. 93017 submitted by Independent School District No. -? 79 for site and building plan and special use permit approval for a 2,800 square foot addition to Orchard Lane Elementary School located at 6201 Noble Avenue North subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Enlin4cr, pries to the issuance of permits. 3. A Site Performance Agreement shall be submitted prior to the issuance of permits tO arSLIIre completion of approved site improvements, • 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. The trash enclosure shall Contain an opaque wood gate attached to a metal frame rather than a chain link gate with slats, 5. The building is to be equipped with an automatic fire extinguishing system to meet NIFPA standards and shall be connected to a central monitoring device in accordance with Chapter S of the City ordinances. ti, flan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. 13672 curb and gutter around all parking and driving areas shall be deferred until the parking lot Cacilitie.s at the school are upgra.dcd based upon the school district's plan for scheduled improvements, which shall be accomplished within the next ten years. 'rhe applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Agreement. 9. The property owner shall enter into an easement and agreement for maintenance and hispcctic_ n of utility and gtorm drainage syStcros, prior to the issuance of permits. r Ic). The storm drainage system shall be approved by and be in compliance with conditions sct by the Shingle Creek Watershed Management Commission prior to the issuance of permits for this project. l 1. Ponding areas required as part of the storm drainage plan shall be protected by an approved eascment. The easement documents shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The landscape plan shall be revised to eliminate extra landscaping so that funds will be divcrted to providing additional landscaping along Brooklyn Boulevard at the Garden City Elementary School site, doting in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Mickelson, Rccm and Willsun, voting against: none. The motion passed. OTHER $USINESS a. 1994 PlanninR Commission Meetin Sch dule The Secretary submitted a proposed schedule for planning C'ntnmissitm meetings in 1994 Luid explained it was a guideline to go by but changes could be made if necessary. All Commissioners agreed the schedule would work well as a guideline, and no action was nt.ccssarti. ® The, Secretary gave a brief and informal update on the status of projects that had formerly been bcforc the. Planning Commission, LW [JUVRNMENT 14lotion by Commissioner Mickelson and seConded by Commissioner Hillstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously, The PIanning Colllmission adjourned at 4:30 p.m. Chairperson Rccord^d and transcribed by: Kalhy tratton TimrSav{_r Off Site Scerctarial Is 1 ?-9-Y3 7 PLANNING COA USSION INFORMATION SHEET Application pp No: 93017 Applicant: Independent School District No. 279 (Osseo Area Schools) Location: 6201 Noble Avenue North Request: Site and Building Plan/Special Use Permit Independent School District No. 279, Osseo Area Schools, is requesting site and building plan and special use permit approval to construct a 2,800 square foot addition to the existing 52,000 square foot Orchard Lane Elementary School, which is located at 6201 Noble Avenue North. The proposed addition, which is to be located at the north side of the building, includes a vocal music *room, instrumental music room, small group room and four offices. The project also includes remodeling and expansion of the administration areas, an elevator, and a new fire sprinkler and fire alarm system throughout the school building. A trash enclosure will also be constructed. The school property is located in an R-1 (single family residence) zoning district and is bounded on the north by 63rd Avenue North and single family homes; on the east by Noble Avenue North with single family homes on the opposite side of Noble Avenue; on the south side by the Brooklyn Center/Crystal boundary line with the Environmental Preserve further to the south; and on the west by Perry Avenue North, single family homes, and the Brook Park Baptist Church. Public and private elementary and secondary schools are listed as special uses in the R-1 zoning district. ACCESS/PARKING Access to the school property is gained only from Noble Avenue via two curb cuts. The northerly access is angled to allow for one way access to a drop off and limited angled parking area. The southerly access is a 90 degree access leading to a driving and parking area to the south of the school building. This access also links up with the one way drive lane and serves as the exit for that traffic as well. These areas, including the drive ways, drive lanes and angled parking are bound by curb and gutter. Currently there are 44 on site parking spaces, all but eight of which are located along the south side of the school. The proposed pian calls for 60 on site parking spaces, three of which will be handicapped spaces. Ten new parking spaces will be added to the west end of the existing parking lot. Other spaces will be gained by restriping the parking lot. This should provide enough on site parking to eliminate the parking which is being done on a regular basis along Noble Avenue. The applicant has indicated that there are 54 licensed and non -licensed staff personnel that work out of Orchard Lane School. There is no established parking formula for schools in the zoning ordinance and we have tended to look at the number of full time and part time employees as being a basis for determining adequate on site parking. This number appears to provide enough parking for staff and visitors on a regular day to day basis. Special events at the school may occasionally require some on street Parking, which is expected and understood. Planning Commission Application No. 93017 LANDSCAPING The proposed landscape plan calls for some additional landscaping on the east side of the school, to the north of the new addition and some clustering of landscaping along the west property line, northwesterly of the school. Also, two Swamp White Oak are planned for south of the parking lot between the ball fields and the play area. The school currently has a number of mature Ash trees located evenly along the Noble Avenue green strip as well as mature Butternut trees located close to the school. City Ordinances require screening of parking areas containing more than six parking spaces from abutting residential areas, including residential areas that are across the street from such parking lots. In order to comply with this requirement the school district is proposing additional landscaping consisting of 17 Globe Aborvitae and five American Dark Green Arborvitae to be interspersed between the existing Ash trees to provide landscape screening of the angled parking area along Noble Avenue. In addition, four Snowdrift Crabapples are proposed around the south entrance/exit. Two more Snowdrift Crabapples are proposed one on either side of the north entrance. Perimeter plantings of Globe Arborvitae and American Dark Green Arborvitae are proposed for around the new addition. Two Black Hills Spruce and a Yellow Dogwood are proposed by the southwest corner of the neighboring single family home to the north, while two Scotch Pine and a Yellow Dogwood are scheduled for the southeast corner. Along the westerly side of the school property, to the northwest of the school, are various groupings of plantings containing Black Hills Spruce, Scotch Pines, Snowdrift Crabapples and Yellow Dogwoods. The landscape point system does not address schools. • However, the proposed new landscaping coupled with existing landscaping including that found to the south of the site by the existing wetland appears to be more than adequate for this site. GRADL TG/DRAINAGE/UTILITIES Because the Orchard Lane Elementary School site is over five acres (13+ acres) review and approval by the Shingle Creek Watershed Management Commission is required pertaining to the quality and rate of site drainage. A storm water detention pond is proposed for west and a little north of the expanded parking area. Watershed Management Commission approval of this proposal is required. Currently the parking and playground area, south and westerly of the school, is not bound by curb and gutter. The applicant proposes bituminous curb at the edge of the expanded parking lot. We have advised the applicant of the City's requirement for a minimum B612 curb and gutter around all driving and parking areas. As with the Garden City School proposal, Mr. Dale Hamilton, on behalf of the school district, is requesting that the school district be allowed to defer the required curb and gutter improvements at this time until the Orchard Lane parking facility is upgraded on a schedule along with the program proposed for all Independent School District No. 279 schools. Again, this seems like a fair means of accomplishing compliance with current ordinance regulations. We would recommend that these improvements be deferred until that time. 11 12-9-93 2 Planning Commission Application No. 93017 BUILDING The exterior treatment of the building addition will be a face brick with prefinished metal flashing along the top of the building to match the existing exterior. Wood screening of rooftop mechanical equipment is also proposed. The trash enclosure located along the west side of the building, on the north side of the parking lot, should be of the same face brick with a prefinished metal flashing to match the existing exterior treatment. We also recommend that an opaque wood gate, attached to a metal frame be used for better screening. The location of the building addition along the north side of the existing school building will displace a current play area. This area will be shifted to be located to the west of the new addition and appropriate play equipment will be added. SPECIAL USE PERMIT STANDARDS We believe the proposed improvements to Orchard Lane Elementary School meet the standards for Special Use Permits contained in Section 35-220 Subdivision 2 of the City's zoning ordinance. The addition of the vocal and instrument music rooms as well as the remodeling and expansion, plus an elevator and a new fire sprinkler and fire alarm system, we believe, will enhance the public welfare. It certainly will not 'be injurious to other property in the neighborhood nor impede normal and orderly development. In fact, the additional screening should be of benefit to homes located across Noble Avenue. The expanded parking lot should reduce, if not eliminate, the regular on street parking which has been occurring for some time. These improvements, therefore, seem consistent with the Special Use Permit standards. A public hearing has been scheduled and notices have been sent. RECONi ENDATION Altogether the plans are generally in order and approval is recommended subject, at least, to the following conditions: Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. A Site Performance Agreement shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 12-9-93 3 Planning Commission Application No. 93017 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter Five of the City Ordinances. 6. Plan approval is exclusive of all signary, which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter may be deferred, but shall be provided at the *time parking lot improvements are made to Orchard Lane Elementary School within the next ten years. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 11. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and file with Hennepin County prior to the issuance of permits. 12-9-93 4 i ! IILI IAI LLI}FO 1 •ti IIf 1 1 .61. r51 W I. qq 3g � � 1 x3 o • s$® J i5 2p L LLS ,:2 2 b a P L g 11 0.L . . �� �4a ej c[ Q p3 � ,►'' o o� ol�J� � �iLfiil�r w • �, -/ ! IILI IAI LLI}FO 1 •ti 3 :2 p 68�33s3 F_�'$ fl AN% IIf 1 1 .61. r51 W I. qq 3g x r•�� x3 s$® J i5 2p L LLS ,:2 2 a P L g 11 0.L . . �� �4a ej c[ Q p3 � pdd Q gq g w • �, -/ ', '„' 'r' e a fo�I � \ •d ! :, ;1q it 3 :2 p 68�33s3 F_�'$ fl AN% Y .61. r51 W qq 3g x r•�� x3 s$® J i5 2p L LLS ,:2 2 a P L g 11 0.L . . �� �4a ej c[ Q p3 � pdd Q gq g w HSMM1121H MH F 3 :2 p 68�33s3 F_�'$ fl AN% Y .61. e W x r•�� x3 s$® J i5 2p L LLS ,:2 2 L g 11 0.L . . �� LJ i LU Q u °z< ja moo. rz g A 3 ,b • �� jjpp�� i LU Q u °z< ja a@ kill 3�qy9' i. 9g�J 5[ggq3g3 '� as ��� � • 7� A37 ➢ � 3 6isx sN _� I t S' S•,.. ,♦ .L L1 I SSI �9 moo. rz g A 3 • �� jjpp�� a@ kill 3�qy9' i. 9g�J 5[ggq3g3 '� as ��� � • 7� A37 ➢ � 3 6isx sN _� I t S' S•,.. ,♦ .L L1 I SSI �9 Exhibit D MEMORANDUM DATE: April 4, 2018 TO: Ginny McIntosh, Planning/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review—Noble/Nompeng Academy Public Works Department staff reviewed the following documents submitted for review on March 15, 2018, for the proposed site plan improvements for the Noble/Nompeng Academy: Y Civil Site Plans dated March 13, 2018. Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C2 & C3 — Detail Sheet 1. Use City details for B618 curb within road, driveway entrance, and stormwater pipes and structures. C4 — SWPPP Notes 2. Provide and list a SWPPP inspector/manager with contact information that must be available within 4-hrs notification to respond to and implement SWPPP related corrective measures. If the applicant is found to be non-responsive, the City may issue a stop work order and/or take other means necessary to correct SWPPP related issues. C5 — Site Plan 3. Eliminate hammerhead. 4. Shift drive lane away from 4701 Noble Ave southernmost property line. 5. Switch direction of one-way parking in front of the school. 6. Shown turning movements bus circulation. AL1— Landsca en Plan 7. Provide irrigation plan. Miscellaneous 8. See redlines for additional Site Plan comments. Noble Academy, Page 2 of 3 Site Plan Review Memo, April 4, 2018 9. Upon project completion, the applicant must submit an as -built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as -built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 10. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as -built survey). 11. The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is less than 5 acres; applicant has submitted plans to the City of Brooklyn Center for project review on behalf on the Shingle Creek Watershed Commission. The proposed plan met the requirements of the Shingle Creek Watershed rules. The applicant is also proposing to fill within the Flood Zone. The applicant has submitted documentation that the proposed used has low flood damage potential and that the intended use does not obstruct flood flows or cause any increase in flood elevations. The proposed improvements provide a net increase in flood storage below the assumed flood plain A elevation. 12. Provide traffic memo highlighting a traffic summary and bus routes, both temporary and long term. 13. Applicant must apply for a land disturbance permit. 14. Utility Facilities Easement Agreement required. Prior to issuance of a Land Alteration 15. Final construction/demoiition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 16. A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by City staff shall be deposited with the City. 17.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non- compliance provision. Anticipated Per mittin , 18. A City of Brooklyn Center land disturbance permit is required. I-_1.,, A --J___.__ P VUly AIJQLL\illl�, Site Plan Review Memo, April 4, 2018 19. A MPGA NPDES permit is required T ,. ,.... i ., l 11 1 CI6V J U, J 20. Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 21. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 22. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit E TIIE GREGORY G ROVP. INC. .aa s,wao,..oe ` cmi t,y�••a March 22, 2018 City of Brooklyn Cantor 6301 Shingle Crack Parkway Brooklyn Cantaq MN 55430-2199 Attn: Ms. Ginny McIntosh Ra: Noble Academy Parking Expansion —6201 Nobl¢ Avenues North, Brooklyn Center Dear Ginny: Tha proposed Improvements for the Noble Academy Parking Expansion at 6201 Noble Avenue North In Brooklyn Canter era within the Flood Zona A and therefore need to meet certain standards for Floodway Permitted Usas as determined by the City Ordinance 35-2100.4.2. Below Is our response to the two standards that are applicable to the parking expansion: 1. The use must have a low flood damage potential. Tha proposed improvements Into Flood Zone A include expanding the parking lo[ and providing storm sewer facllitlas to assist in stormwater management. As is shown on the attached Exhibit A, the existing parking lot Is currently within the Flood Zone A. The flood itself should not cause tlamaga to the pavement or underlying section due to the Inundation. Parking lots, streaks, and other similar uses of asphalt pavement sections ere expected to sustain rainfalls, large snow melting events, and flooding with little expected damage due to tM1a holding of water. Based on our analysis of iha Flood Zone A antl the proposed parking lot elevations, the low point In the parking lot would flood approximately 0.75 feat assuming an 857.0 flood elevation (see Exhibit B). 2. The use must not obstruct flood flows or cause any Incr¢ase In flood elevations and must not Involve structures, obstructions, or storage of materials or equipment. An existing storm sewer currently conveys water $om the north sitle of the axistin9 walking path to the pond that the CI[y constructed on -alta. The proposed Improvements Include replacing the existing storm sewer wltM1 an equivalent size pipe which should not obstruct flood flows beyond the currant condition. Tha proposed Improvements do Intend to fill portions of the flood area but an analysis was completed to confirm [hat [he proposed Improvements provide more flood storage below the assumed Flood Zona A elevation. 898 CY axistin9 flood volume below assumed flood alevatlon (857.0). 1,223 CV proposed flood volume below assumed flood elevation (857.0). Therefore, an increase in flood alevatlon should not ba due to the proposed improvements of [his project. If you have any questions, please feel free to call me at (763}560-3093. Sincerely, Tha Gregory Group / ) / ��L S. til - / Jeffrey A. Prasch, P.E. Protect Engineer Attachments: ExhibitA Exhibit B Civil EnBlneen antl Lantl Surveyors 780t rib Avenue N arooktyn Park, MN 55026 9 h.te� t ' _—�-- i men arc_. � { _�_ __ ` __ .� r _ ___,1f ,, j((//� / �'1 ;1 Y t � % 7 1 � �� �� � \ ��� �� 3 1 � o i . �" I� �� ,' 1 ' � � mil �, ail,;. ��� ,i � f 1r �� l���i'i 'l. � �, , II{� �B'�A €�'�us '1 I'.I' _ '..�. p �£�$ � � � n s� ! � - _- �. � ___ ,,,-r- ` ---« ---- i g$ � i J a�z ,fJ_ `` � .e i ' i. J n. ry Y v�ic i "O � �� � � a ' 1 ��� wg� �� Neal Thao (Noble Academy) | Nompeng Academy Item 9.b REQUEST: (1)Site Plan City Council Meeting of 04/23/2018 Background & Request Applicant is requesting approval of: (1) a Site Plan to allow for an expansion to the existing parking lot and the addition of a bus-only driveway and parking area for 6201 Noble Avenue North This request is associated with Applicant’s plans to open Nompeng Academy in the fall of 2018 School would serve students aged kindergarten through eighth grade Nompeng Academy would be the second Noble Academy School Existing Noble Academy (Brooklyn Park) has 1,000 students and a waiting list for 200 students The site is the location of the former Odyssey School which closed in 2017 after 19 years Property is zoned R1 (One Family Residence District) Existing school was constructed in 1965 as the Orchard Lane Elementary School School is approximately 54,800-square feet in size and one story in height Source: Google Maps Background & Request (Cont.) Per Section 35-310, “Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education” are allowed by special use permit in the R1 (One Family Residence) District.” City was unable to determine through historical records if property was ever originally approved with a special use permit to operate the school In 1993, PC Application No. 93-017 was reviewed and approved for a small addition to the school, as well as an expansion to the parking area. As part of the application, a special use permit was issued “ex post facto” for the school use. Source: Google Maps Access and Parking Access Existing access points off Noble Avenue North would remain A third curb cut would be installed to allow for bus-only egress via a new driveway along the back of the school This is safety related and intended to allow students direct access to bus from back of school, rather than crossing parking lot Parking Note: There is no established parking formula for schools under the City Zoning Ordinance. Currently: 69 parking spaces Proposed: 49 new parking spaces + 12 bus bays Assuming a max student population of 530 students and 100% bus transportation, a minimum of 8-10 bus spaces would be needed Applicant is providing sufficient ADA parking per 2015 Minnesota Accessibility Code requirements (5 spaces for between 101-150 parking spaces) Access and Parking: Recommendations Lighting | Trash | Screening Lighting Photometric Plan: Complies with maximum foot candles allowed along residential properties (0.27 fc on average) Lighting Fixture Count (27): NEW: 13 wall-pack style lights on all four sides of school NEW: 4 24-foot high poles along front of school NEW: 9 24-foot high light poles along perimeter of main parking lot and bus driveway EXISTING: 1 30-foot high light pole near church and 63rd Avenue North (no cutoff lens). Per City Code, lighting is to be down-cast, with cut-off style fixtures. The proposed lighting would be LED with cutoff lenses. Trash and Screening 20-foot by 13-foot trash enclosure—to be located 75 feet west of school building Trash enclosure is to be fully screened with materials complementary to building Landscaping A Landscape Plan was submitted, however, no planting schedule was provided. The City has no specific requirements on landscaping types and species—operates under use of Landscape Point System Policy Schools are not specifically outlined as a “use” under the Landscape Point System Policy Staff reviewed whether adequate screening would be provided for the parking areas per Section 35-711 (Parking Lot Screening), which notes that, “such off-street parking and loading areas within any yards which abut along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council.” An irrigation system is required—per Landscape Plan, “underground irrigation is provided.” Staff Requests •Installation of screening trees or shrubs along parking areas facing Noble Avenue North, bus-only driveway, and main parking area Staff Reviews Assistant City Engineer Applicant shall comply with the comments and conditions as noted in the memorandum dated April 4, 2018 (Exhibit D). As referenced, the Applicant, as part of their review, provided a copy of their completed site Stormwater Management Plan (Exhibit E). As the proposed parking lot expansion would encroach into an existing floodplain (Flood Zone A), an additional memo was provided to offer justification that the parking lot expansion would not have an impact on the floodplain. Per Section 35-2100 (Floodplain Management), permitted uses within the General Floodplain District, which includes Flood Zone A, include both “residential lawns, gardens, parking areas, and play areas,” and “industrial-commercial loading areas, parking areas, and airport landing strips.” Fire Inspector The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. This includes, but is not limited to, the minimum turn radius necessary for emergency vehicle/fire truck access. The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code and Building Code requirements. Summary Planning Commission received and reviewed the staff report and plans at their April 12th meeting No notice was provided in the Brooklyn Center Sun Post and no mail notices were sent out as this request does not require a public hearing Applicant Jeffrey Prasch (Project Engineer) was in attendance and spoke with the Commissioners regarding the project, however, no other comments (for or against) were received. The Planning Commissioners held a discussion regarding the minimum width necessary to allow for emergency vehicle traffic through the proposed bus-only driveway. Planning Commission adopted PC Resolution No. 2018-006 (Site Plan) unanimously (6-0), subject to City staff working with the Applicant to determine the minimum drive aisle necessary to allow for emergency vehicle access, and recommended City Council approval of Planning Application No. 2018-005, submitted by Neal Thao of Noble Academy. Summary (Cont.) Initial staff review indicated a minimum of 24 foot-wide drive aisle was necessary for the parallel bus parking, however the Zoning Ordinance does not specify the directions of traffic given this drive aisle width, as it does for 90-degree, 60-degree and 45-degree parking Per discussion with City Fire Inspector and City Building Official, and per the 2015 Minnesota Fire Code, a minimum of 20-foot wide drive aisle is required for emergency vehicle access. Applicant indicated in email that they would revise the initially proposed segments of 14 foot, 15.5 foot, and 19 foot wide drive aisle within the bus-only drive area to 20 feet to comply with Fire Code. Recommendation Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolution regarding the recommended disposition of Planning Application No. 2018-005 submitted by Neal Thao (Noble Academy) for the approval of: 1.A site plan to expand a parking area and construct a bus-only driveway at the property located at 6201 Noble Avenue North Approval of the request is subject to the Applicant complying with the conditions as outlined in the attached resolution. Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 23, 2018 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1. Wildlife Management Update: Canada Goose and Wild Turkey 2. 1" Saturday Marketplace PENDING LIST FOR FUTURE WORD SESSIONS Later/Ongoing 1. Tobacco Purchase Age 21 (Brooklyn Youth Council) — June 2. Organic Composting and Native Bee Habitat (1-8-18 Study Session Discussion) — May 3. Median Safety Ordinance — May 4. Park Dedication Fees — May Work Session Agenda Item No. 1 MEMORANDUM -COUNCIL WORK SESSION DATE: April ]7, 2018 TO: Curt Boganey, City Manager fieginaia wattle eputy City Managaf FROM: Michael Ericson, Assistant to the Community eve opmen tr THROUGH: Meg Beekman, Community Development Director SUBJECT: 1sl Saturday MarKetplace —Lennie Chism Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposed 151 Saturday Marketplace. BacKground: At its January 23, 2018 Work Session meeting The council listened to a presentation from Lennie Chism as he shared a Power Point presentation describing his vision for a 1a1 Saturday Marketplace which would be an Open Air Marketplace in the parking lot of Brookdale Health. The goal is to raise the city's economic makeup by cultivating new and existing startup businesses while increasing economic stability. After discussion, council agreed to direct staff to worK with Lennie and develop plans including site logistics, vendors, and a budget. Staff has been meeting regularly with Lennie to finalize a proposal that would include site plans, infrastructure, staffing, security, insurance, day -of --event needs, and a budget. When first presented Lennie requested a sponsorship level of $25,000 fi�om the city. City Attorney Troy Gilchrist has prepared a Professional Service Agreement with Mr. Chism whereby he would submit event reimbursement forms for approved event expenses he has detailed in his proposed budget. Staff has worked very closely with Lennie to detail and estimate all related business expenses. The estimated costs of the proposed budget is $14,600. Policy Iasues: The proposal is interesting and exciting as a first time new adventure for our immigrant entrepreneurs who need a location to market and sell their products and wares. Mr. Chism's vision is consistent with the city's Strategic Priorities. To be sure, there are a number of logistical issues that are being worked on collectively with Mr. Chism and city staff. He has been very open and transparent sharing his extensive work experience and business acumen with the primary goal to get the event started on Juae 3. The Economic Development Authority would act as the financial partner as per the city attorney. Strategic Priorities: Oeu Iia _ Oi n r is/on Hr nr k/J n [_erdw a n Nn [vinq /r nqa r +th u,f [/ r nug.- rl /xa ng bus /an n/and mcrvnlinun! fjcrinbs. It is s� + nd ancla, a p/uce lhae/ pa=enp[enuJ a/I nEss love t 'n// home, and vae�i/ors enjo)� dam b i/.t couvean¢n/ lacouon mu/ cornu✓tn+c�n[ to n healLl'r m uananent ® Resident Economic Stability Attachments: Estimated Event Budget 1St Saturday Marketplace Overview and Site Layout Service Agreement January 14, 2018 Council Work session Memo Our Vision: IP'e envision Rrookli n Center res a thriving, diverse comnnn�in with a ranghousing. O jrdl e of ubusiness, cultural and recreational of'jerings. Ii is a sane and inclusive place that people oj'all ages love to call home; and visitors erygp clue to its convenient location arrd cornrnitrrtent to a healthy environment 1stSMP Budget Lennie Chism 202-578-2740 lenniechism@gmaii.com gmail.com Event Staff (Market Manager to coordinate the services, staff, vendors, activities) 'All Operational staff -Tax -1099 • Market Manager $1500 for each event o Time for planning o Correspondence o Promotions o Reporting Data Gathering o Market Day Day Event Staff • Check-in, event customer experience • Setup/Takedown (before, after) • Tidy Up Staff (before, during, after) • Social Media Marketing • Ambassador o Traffic Control o Site Clean Up, maintenance • Security Services o Vendor - Limitless Protection Services, LLC (2 staff-$40/hr/$300) Infrastructure • Site Deposit o $2,000 — Brookdale Health • Event Insurance - $300/day • Operational Permits, o Event - $50 o Electrical for Portable Generator - $200 o Food Vendor- as per county regulations • Site Improvements o Port - a -johns ® Vendor — Biffs — STD & ADA -$345 + $150 o Utilities ■ Water ® Portable Electrical Generator • Vendor: Ziglar 50k ($2,000 estimate / per event) • Electrical Permit required - Electrician -$200 o Sanitation ■ Waste Management— 10 -yard @ $650 + 6- 90 gal.R&R -$50 ® 12 90 gal. R & R: Brooms, Trash Bags, Pickup Sticks o Exhibitor Booths ■ Tents — 20 @ $150 - $3,000 • Tables — n/c • Chairs - n/c ■ Signs ® Event Siqnaqe o Vendor Traffic Control : Warning Lites — $400/per event ® Staff Clothing o T-shirts - $25 x 20 volunteers ® Internet (hot spot) Will seek as vendor(s) to donate the service o Century Link o Metro PCS o Verizon o Sprint o T -Mobile ® Point of Sale Software for revenue generated ® Event Data Collection Software for Market Evaluation o Survey of attendee — ambassadors and vendor booth ® Entertainment Services o Vendor - KMOJ Remote Broad Cast - $700/per with Personality 11 a-1 p o Vendor - RCM (Ray Covington Management) ® Children Activities o Vendor: USA Inflatables - $300 o Vendor— Chit Chat the Clown Services Face Painting - $300 ® Graphic / Printing Design Services for Promotional signage $1,000 o Allen 7 Designs o UPS Store • Storage Rental ® Security Services o Vendor - Limitless Protection Services, LLC (2 staff @ $40/hr-$400) ® Miscellaneous ZIEGLER Min Power Systems Will 8050 County Rd. 101 E. Shakopee, MN 55379-9734 952.445.4292 888.320.4292 To LENNY Date 04/12/2018 Company/department From Wendy Famodu Fax Email proposal Phone 952-887-4528 Number of pages (including cover) 1 Fax 952-233-4699 Re 1sT Sat Street Marketplace One (1) 50kw portable s/a generator set for 240 v single ph. Three (3) load centers each with 6-20 amp circuits and 3-100 ft cords from gen. Delivery on Friday and p/u Monday. Make up fuel (units are delivered 3/4 full and burn about 2-3 gph) Labor, insurance and state & local taxes not included. *Price includes rental for up to 16 hrs run time on day of event. **Delivery on Sat and p/u Sat is an additional $200. Customer may arrange pickup. Option 2: One (1) 30kw portable s/a generator set for 240 v single ph. Two (2) load centers each with 6-20 amp 120 v circuits and 2-100 ft cords Delivery on Friday and p/u Monday. Make up fuel (units are delivered 3/4 full and burn about 1-2 gph) $415.00* $210.00 $420.00** $4.50/gallon $360.00* $140.00 $420.00** $4.50/gallon �h� f��r�rr f-�®e- !i/7�reT�t GOAL: The 16� Saturday Market Place (1 stSMP) seeks to raise Brooklyn Center's economic makeup, by cultivating new and existing startup businesses while increasing resident economic stability. Priority will be given to BC residents for source of vendors. Funding: BC's $25,000 investment will provide the working captial startup for the 1s�SMP. For most markets, booth fees ordinarily ora the primary source of income. 1s�SMP, a slightly different approach will be to provide the space at no charge for BC residents, and modest fee for non-resident business. Other revenue will be generated for ongoing operations from the Market Store and Merchandise, rental booth fees, sponsorships (options are being explored). ' Event DESC: We are transforming Brookdale Health's parking lot into an open-air market. No Windows, No Door -Open Air Shopping. Dates: 'I s�SMP, May -Nov 2018 Time: 1 Oam-spm, Rain or Shine Location: 5740 Brooklyn Blvd, Brooklyn Center, MN 55429 FREE ADMISSION OPEN TO THE PUBLIC Attendees: Come for the Shoppingl Brookdale Health's parking lot will become a shopper's street of dreams with a myriad of merchant booths featuring various categories of Arts &Crafts, Jewelry, Home Decor, Health &Beauty, Sporting Goods, and Children's Items, Clothing, Pets, Direct Sales companies, service merchants and morel Budget Items: As per discussion, BC would direct vendor pay for items. 1STSMP Operational staff (Tax - 7099). Staff time for planning, correspondence, promotions, and reporting as well as staff time to be present in the market on market days. — MarkeT Manager, Day Event Services (Setup, Takedown, Sanitation), Social Media Marketing, Volunteer Ambassador Coordinators Infrastructure and Supplies: Site Deposit, Operational Permits, Site Improvements, Port - a -johns, Fees for service Utilities (Water, Electrical Generator), Waste Management Services, Market Supplies (New Tents, Tables, Chairs, Trash Cans, Signs), Directional Road Signage, Staff Clothing, EBT, Internet, Point of Sale Software for revenue generated, Event Data Collection Software for Market Evaluation, Entertainment Services, Security ,Services, Children Activities, Graphic Design Services, Storage Rental ,Miscellaneous Insurance: Event Insurance Advertising, Promotions, Entertainment: KMOJ On -Sita Live Remote, SoundStage Music Bookings, Children's Art Program and Supplies, Miscellaneous Questions —Lennie Chism, 202-578-2740, lenniechism@gmail.com �i 4 U aou O a �g0 O Sl oar ez O SZ _Y ,� LZ bZ LZ £Z �� 8Z OZ O £L 9L GZ LL 6L ZL 9L O LL SL O OL bL 6 O ' O 8 ,o b \moo l.�Z L S ROUGH DRAFT 4-i5-13 SERVICES AGREEMENT FOR THE IT SATURDAY MARKET PLACE` THIS SERVICES AGREEMENT ("Agreement") is made and entered into this day of , 2018 by and between the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of Minnesota ("EDA") and Lennie Chism ("Contractor"). The EDA and the Contractor may hereinafter be referred to individually as a "party" or collectively as the "parties." RECITALS A. The EDA has broad authority to promote economic development and to provide opportunities for local entrepreneurs to display and sell their products; B. The 1St Saturday Market Place ("Market") is proposed to serve as a type of open air business incubator at which City of Brooklyn Center ("City") residents and others will have an opportunity to sell their products within the City; and C. The Contractor has agreed to be responsible for conducting the Market in accordance with the terms and conditions of this Agreement and the EDA has agreed to reimburse a portion of the costs to conduct the Market. AGREEMENT In consideration of the mutual promises and agreements contained herein, and intending to be legally bound, the EDA and the Contractor hereby agree as follows: 1. Services. The Contractor shall be solely responsible for conducting the Market in accordance with all of the following (collectively, the "Services"): (a) The Market will be: (1) Conducted on the first Saturday of each calendar month starting no later than July 2018 and shall continue through , 2018; (2) Located in the parking lot of Brookdale Health, 5740 Brooklyn Boulevard, Brooklyn Center, MN; (3) Conducted from 10 a.m. to 5 p.m., rain or shine; (4) Booth space shall be made available to City residents without cost (i.e., no booth or table rental fees); (5) (b) The Contractor shall be responsible for: 521206v1 TJG BR291-4 ROUGH DRAFT 4-15-1u (1) Providing for parking for the Market and a safe means for attendees to travel from the parking area to the Market; (2) The Contractor shall provide the booths and tables needed for the Market; (3) Managing booth registrations and assigning booths; (4) Establishing and enforcing reasonable rules for those displaying and selling products; (5) Complying with all applicable laws in carrying out the Market and obtaining all required permits and permissions; (6) Providing toilets and waste receptacles, including the pick up and proper disposal of all wastes; (7) Obtaining and maintaining written receipts for the costs the Contractor incurs to conduct the Market; (8) Obtaining and maintaining insurance for the Market during the entire term of this Agreement; (9) 2. Payment. The EDA shall pay the Contractor for providing the Services on a reimbursement basis up to a maximum of $25,000 for all Services provided under this Agreement. In no case shall the total amount reimbursed by the EDA to the Contractor exceed $25,000. The Contractor shall submit written reimbursement requests to the EDA no more often than once every 30 days. The reimbursement request shall be supported by written receipts for all amounts for which reimbursement is being sought. The EDA shall pay the Contractor on properly submitted reimbursement request within 30 days from the date of receipt. The EDA shall not be responsible for entering into any other contracts or making any payments to third parties related to conducting the Market or for supplying materials or staff for the Market. The EDA, through the City, may make tables available for the Contractor's use for the Market on such terms and conditions as may separately be established by the City. 3. Term and Termination. This Agreement shall be effective as of the date first written above and it shall continue through the end of the 2018 season as indicated above. This Agreement may be terminated by either party at any time, and for any reason, on 30 days' written notice of termination provided to the other party. The EDA agrees to reimburse the Contractor for costs properly incurred for the Market prior to either party providing a notice of termination. 4. Amendments. This Agreement, including the recitals which are incorporated herein, constitutes the entire agreement between the parties and no modifications of its terms shall be valid unless reduced to writing and signed by both parties. 2 521206v1 TJG BR291-4 ROUGH DRAFT Independent Contractor. The Contractor is providing the Services as an independent contractor, not an employee of the EDA. Contractor shall acquire no rights to tenure, workers' compensation benefits, unemployment compensation benefits, medical and life benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the EDA or the City. The Contractor shall maintain its own insurance coverages including, but not limited to, workers' compensation insurance (unless exempt). The Contractor shall have no authority to enter into any contracts, create any obligations, or make any warranties or representations on behalf of the EDA or the City. 6. Data Practices and Records. The Contractor shall manage all data created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement in accordance with, and subject to the requirements of, the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 ("Act"). The Contractor shall immediately notify the EDA if it receives a request for data related to the Services and shall work with the EDA to respond to the request in accordance with the Act. 7. Liability. Each party is responsible for its own acts and the results thereof to the extent authorized by law and a party is not responsible for the acts of the other party or the results thereof. Nothing in this Agreement shall constitute a waiver by the EDA of any limits on or exclusions from liability available to it under Minnesota Statutes, chapter 466 or other law. 8. Audit. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, the books, records, documents, and accounting procedures of Contractor relevant to the Services are subject to examination by the EDA and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 9. Applicable Law. The law of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation that may arise under this Agreement will be in and under those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence, or incorporation of Contractor. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date of the last party to execute it. CONTRACTOR By: Its: Date: 521206Y 1 TJG BR291-4 EDA By:_ Its: By:_ Its: Date: DATE: January 17, 2018 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Saturday Market — Lennie Chism Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposed Saturday Market. Background: Mr. Chism has met with staff several times over the last few years regarding a concept for creating opportunities to help local businesses grow and develop. In the late summer of 2017 he requested an application for a one day administrative permit which allows an open air market that would operate on the Brookdale Health Facility site. The permit was never submitted for final approval. It is my understanding that finding adequate parking was an impediment to completing the application, On Monday Mr. Chism will make a presentation to the City Council regarding his interest in moving forward with his plans to establish an outdoor seasonal market. It is also my understanding the Mr. Chism is interested in support from the City to assist with thisendeavor. Policy Issues: Strategic Priorities: © Resident Economic Stability, Our Vision: 11 e envision Brooldyn Center as a thriving, diverse community with a fidl range of housing, business, cultural and recreational offerings, It is a sa/e and inchtsive place that people of all ages lore to call home, anti visitors et joy due to its convenient location and commitment to a healthy environment � v � s �-� ,� `�. �� , 'W � t- H%t ::: E �' .I ` �_1 '� � � �ti o,, 0 .. y m .;, b � is r. ,S � 'i. X33 �. �-q *El m o *El 3 m-0 ❑ > > o 5-0 o(fl m m Q m� -o <(0 * CD 0) �� =1❑ Q Q m 3 Q- E3 ((D (D N O O m O O O C (Q o M 3 0 (D O m con m"o m v m o �'o v =< Q� = �0 m m 0 v 3 (p con �cn a0-0m mvm 0cn-" Qom (D 0 �� o�-tim v o- h< crD 3 -0 m� cn W * o 77(n,o m ccn o ° 72•o� � ((D O= (� cn 3 o� m m m m Cr =1 (D (a cQm� c<o �o�v 0? 0�o c: �(ov Q p m 3 3 o 3�'D Dcn D <'< o (nm 0 m o (Q m o 5 F(Q 0 cn O 3 =cn ® �' o �� -o m-o � m o o (p �m.Q �0 Q m -+, (n o -.,o oo0o 0Cra o(ncmn ?o n m��' �� -(Dcn(mn v-,a <<mo < �v 0o <<�' CO (n (Q o m m x (D�, 3 0 = v 3 m D h m m o c0i (n m o c (n (n Q Q -Io m N h < (D (= cn• Q m j 30 (n m � m= QhcQ O v -oQ � -�� =) 0) m O o;L (n Q (D (D 3 - v ZT v O(D Q ` o v m o a ��o 0 �' 0='O -00 �(D (3•j. m�� 0 o ~' �'C (no �D (D ���, a) (D =' 3�C� Q U O 0 Q Q-� 0) (n (n (D M. 0- -0 my v�.Q 0 -acQ crv OL o m�(n (D _0vm (nO CD om w CD goo �(nnc o<m mom O (D Q Q Q�. m Q 0 0 N v_ =~ (Q' -h � Q N (�D O (n (mn (D O m Q CT O 3 O Q 0 CD Cy cn (nCD oy mx• om � _ � 0 �'�.< cn• o (D o�cmi o o=cn oQ �m�' ((D O (n Q (Q ~' 0 (D c m 0- a) O. � vii cn (mn W n O O (OD O 3 (n �" 0 Q n Q = o= <' (n Q�� v - 0' mho vg (D =� cn(Dcn ODm `<o 5' �v �m � m m Q % ((nn (Q (n 3 =)Q. (nm v �, vQ �n� �Q � �; m (Q � m o (D� nxi v 3-'m m (nm m Q m cn �. o � � g � /�-� »gQ m#=mom §��� ®m■ �7«£= b � A a » // Ay_ -m ƒ/\ � # � / §\\_ƒ ƒE\ 2%\\m /7� /\%« 7// m�&4i //7� kE&�2 - �& \\% ƒ2$rS 77 ���f ® 2�JJ /7± /EQ ° �»� /�§ ��» _ //� - /#E �E� - 44 k�\ _ \� k�\ _- � k)\} w\\ �77 /\ wee# 5� - ?/\� __ ®\E � «��) � )s+ �%/ §\E% f ®/7 -_ƒ maƒ$ \_\ /7/ \% /\\\ \ �w �L 7�# #®«\ m 2 e4 « � S � =r (D® (D il) us CD „ -h vi �� (A 6 _ cD ays =rnmCDu)aD(�°� �C/5 v �0 c� 07 o go o oQ (D _ Nov °�� (D �y V) •a ((DD N C n ((DD N N N � 0 a N N O -057-0M °0 -0 (D O rr O -a T s 0 0) O -f+ 0 (hD CD _ CD s cn (D rt N m �, p3 N CL (D Q n) s (D G 0 � CD (D 0 S c n (a 0 SCD 0CD90 3h N O 0 — o (n I. -, —I- a) Cr (D -u 3 (D = C ° = F Q 0 �cvi�CD o �Q �� X33 (a= � h CD U) _ o =5 O v► N (n -CD c° ° *-F,Do -� °m 'a) mC O Co 0 CD 0 (D cn rr :3O N' CD 00ID CL in CD Q)-% O -a Q Q < < O CD CD 0- `C O Co = 0 0 � :3 0 C7cr � (D cnn03 =1 �� 33 no °�0 �-p o'" 33 � N 3 43�CD o p CD : CD N Q n y r-+'._-� O p 3 �' O p 0 U) Q <D CD -0 CD ° < O N U) 3 Q. ° o CDQ a. Q � — CD CD - .1. Z)-7 N O U) --S ° �i O N 'a N O CD a CD cn v CL Q 0 O D n 3 (D CD (D V) = SLl (D �, (D ®"a Q (A N 0 Q CDD -+, (n CD O � (�0 OCL (D ° cn O 3 �. CD n �. �• << CD CD OU I. O .c° N =t; CD =3O :3G N O :3N :3 (1 0' CL T. (D N Ci (D U) cD I v %<-.1.V) O 3 rr "O S 51 s O O 3 � 0 (p _ CD ,� s CD O C7 O 3 T. O CD �' O CD < CDD (�—D N. CQ � �+ CD h =3 _ CD N N cD N' CD CD N [ � � 'if = E « w _ � [|{ e \ § £ p ) � � I!r 3 z § 3 n !� `�� z � / � } ! �\ � \ � � � � � ( � �- :x z "\ } � ��®° m � � o o � -a n � o � � � � � � m m o �D � iu � n r,. <D � .-.: cQ iv nl o �: .-.-_ c. �- � m m �- �G co � cl p- � � n v �- � cD y � Q v in' y, n' �' cn � n' o � cn v, m cn _�- o 0 o al Q, � o CD o 0 �- Q O C7 CO (n N- O fn � CD C N Q. .O -t ["7 O _ � � ill Q � � O � SD � � � !D O O fD =.; � O � �/% Q (D � C � Cl fD � O [Oil �� a .� � D '� cD �. cD c'l. � � O- �• O 'a � � � — .. SD •--� - .. _�� C. __. _____.__. --_� m c_-= --i .__r a ( ooa9 �'��� u(�A�/ P � �� ti ® �` �'k y, � ® Y a � � � n a � d °ai v _ _. ZSZ-AMH � � - - -__ S^ �. - - _ - 2 _ - __ `� � __ __ �� -_ ya nr c7vc� Vie"`--�-•..�.a � L IQ C CD Z J_ K ` C1] '.b ': ti. j�a O .=-r n F O N 0• �_• N �a �� fll x vr� v � m Cn O Z � �` p n CD C Q Z �� � . I C 1� 70 �� m �n O C 3 � � 1 GWD N a? 'a '6 a � O H l") � X e9 (Q _. p1 .� � �+' N � T� /�^�` i� c m = a1 a 0 o0 0 0 � .••�• o � m 3 0 0 � � v � y � 111 � � ID ,' y N N T O � = � w � O (D II1 _ � lD ��C N N C � Q� _� Cs N C rF (�> N � .��-r � ti G O � 'A• N fD V, � o :/� 00 U to rF 0 y _ � O o a Q � � (n N a O O � C a Q �rtw, A =- O N }� V � c CD y iD ' N C O' N N �S �..F. y 41 N wJ I1 'VA• V• fll x vr� v � m Cn O Z � �` p n CD C Q Z �� � . I C 1� 70 �� m �n � "' � x m lit �oQ N z 0 � �0 a � �� ^r A Z �� i�4t � � rn i0 �� n ® C pp <-s' r � � 1� 0 � � O � � � o � o0 ;1 0 � � � i�;�i m � � � � � � � � � rn z - cv o N � � Q N C�fl [fl � Q � � N W N � O �I T 7r Z � `G CQ � r W O C•--•- Q T r m �_ r -r -i � °-- C=�� �� LU O`^C o m o '� CD N o � �� 2 m o -0 � � r r" 1 ' 9� _O �_, (� (�Y��) � �_ _ T f'p r� ƒ §777 k /ffk m ����_ 4 ��� ƒ� 2� / /�/� � \E�� /�� � ƒ§R n3� / ��� / 7/ƒ f ��� ® �® � k �k� / �g ) k A� f � � E � k • • • • • • • • • y ,� m m V! � T IT (7 T T � f�D O Q N G� Q U O CY � O N• O f�U Q � n -yp � Q ti+ Q (� � � � 0 � � d � H � �. N - N v o o? o � �. a c � � � � a a o �o � \C � � m O -. H a �- � � y �. C <D � rN ' ♦ .. F-1'61 f �` � ` �F -.� - `,�,� � m I �'� I � � -1 L I..ICH \I h'a[lJ �w v 11 3c -h0aa)i wN OOcn CD o oo- 3 CD 3 0 O al '-': Q N - O o -zr (D D (O < 3 Q0' fold N N (n X al n m (7 < o -+ 0 m 0 u 3 3 <cn �a� CD 3 _ n cc m CD ��al CD 3 �- (n cc �"' 3 (� Vim, w O — Q O 3 �- s C O w s O (D n C O c Q' 3 0 C 3 O C o C O a 3 O (D O C CD � C C � C � (D Or+ ;I C- u� C fD 3 0 al m �D cn cn al (n (D C7 �_ to � V � < v (D v o C v 3 < Q s cr cn s O O C1 O 3 `- 3 3 O C � O � m Q o 50 n C o a n a1' (D QCD �. =r CD 1+ 0 CD C C cn Q 3 Q 0 m O C cn �- 3 � � Q < C cn O fn 9 ® fhD O � fD C O C fD O LTJ O N M 0 77 O v (n 0 C fD O O 1+ fD 0 fD C Q O v CL O a CD O 3 =r CD fD fD (D C N CD CD N N n_ 3 < C v�' CD � s � v Q � O O N N h �CD 3 N m s 0 0) TL CD a e -F CD "l SOW CD U) C O 3 `V 0 CD V ■ Z v ca �� N O .Y fD m C N N Q �� �_ c N O� 7 -�-�. O [fl O O p1 (D N� A• tD r� c O N ID Q s GD CD N a (D 0 cD N Q y O OJ n (D O a C` a 0 N O N O O a 0 C 2 N H 0 3 W C'7 O H �D Wildlife Management Update: Canada Goose and Wild Turkey City Council Work Session March 23, 2018 Strategic Priorities - Safe, Secure, Stable Community Existing Deer Management Plan •Long-Term Deer Population Management Plan was adopted by the City Council on October 27, 2003. (General Policies 2.93) •The City reviews current deer populations within the City against the deer management plan. –Deer populations are to be kept under 20 per square mile. –City Ordinance 1-200 prohibits the Feeding of Deer. Canada Goose Background •The Canada goose is the most widespread and abundant North American goose, found in every state at some point in time. Mowed lakeshores, parks and golf courses provide an abundance of brood-rearing habitat and food sources. •Intensive management programs are needed when Canada geese damage crops, golf courses, or parks, reduce water quality, or endanger human life on roads and at airports. Existing Goose Management •Brooklyn Center first participated in the Metropolitan Area Canada Goose Population Control Program in 1987 and has typically participated yearly in the program. •The program consisted of staff contracted to conduct a yearly goose harvest, removing geese from City properties and report the goose removal numbers to the Minnesota Department of Natural Resources (DNR). –2015 (40 total) •Centennial Park: trapped 7 adults and 14 goslings •Upper Twin Lake: trapped 4 adults and 15 goslings –2016 (57 total) •Centennial Park: trapped 2 adults and 6 goslings •Middle Twin Lake: trapped 6 adults and 43 goslings Existing Goose Management Cont. •In 2017, the DNR required the City to submit a Wildlife Control Permit for goose management and was also required a Canada Goose Management Plan be provided with the permit application. –Staff submitted the permit and provided a draft Canada Goose Management Plan which was accepted by the DNR and the geese where removed under the DNR permit. –2017 (7 total) •Centennial Park: trapped 3 adults and 4 goslings •Middle Twin Lake: scouted but no geese trapped Canada Goose Management Plan •The City’s proposed Canada Goose Management Plan is predicated to manage geese to address public safety and health issues. The management goals would include: –Improving water quality –Reducing property damage –Minimizing the potential for vehicle-geese crashes Canada Goose Management Plan •The City intends to reduce goose droppings on walks, trails and park turf areas along with the goal of reducing fecal matter near bodies of waters. •At the present time the most notable Canada goose issue areas are in City parks and at Centerbrook Golf Course. These areas are heavily impacted by goose droppings when large concentrations of the birds are present. Canada Goose Management Plan •Because health and safety concerns are important, the City uses a variety of techniques and practices to minimize or eliminate goose related problems. –By human, canine and mechanical disruption. Disturbing loafing and feeding Canada geese by individual on foot, motorized equipment or by dog. –Predator decoy - Use of 2D or 3D coyote/dogs in park areas to discourage use by geese. –Goose repellent. Canada Goose Summary •Canada geese have been managed by the City since the 1980’s. –Requires a yearly DNR Wildlife Control Permit with a management plan. Wild Turkeys General Guidance on Wild Turkeys •Guidance from staff at the DNR and Three Rivers Park District to the City is education; –Residents should not feed wildlife on their property and encourage neighbors to not feed as well. Feeding tends to increase activity and congregate birds at a higher density. Turkeys can get habituated to feeding and can become a nuisance. –It is recommended that residents haze the turkeys repeatedly if they become a problem. This usually works well and is the recommended method for dealing with turkey related issues. –Winter is the time of year when turkeys flock up and may pose a greater nuisance. Wild turkeys disperse as the season moves along and food sources are depleted. –The City could look into creating a wildlife feeding ordinance to assist in educating the public and enforce violations as they come to light. •Staff has also contacted neighboring cities to see how they deal with turkey related issues. The Cities of Robbinsdale and Crystal don’t have any sort of wild turkey management and Brooklyn Park has a basic Wildlife Management Plan. Option 1: Educate Residents •The City could provide residents with information on how to avoid common turkey problems: –Direct mailing to residents –City’s website Option 2: Update the City’s Feeding Ordinance •Brooklyn Center City Ordinance 1-200 prohibits the feeding of deer. •Surrounding communities have similar ordinances that are expanded to include turkeys, waterfowl, fox, raccoons, etc. •The City could update its feeding ordinance and help inform residents how to avoid common turkey problems through the City’s website. –Enforcement of the ordinance would be similar to the feeding of deer ordinance. Option 3: Develop a Turkey Management Plan •This would allow the City to remove turkeys outside of the normal hunting season. •Items needed for a turkey management plan are: –Acceptable population goal. –Trigger points for management action. –A public involvement process to allow citizen discussion/input, such as public meetings, hearings, or committees. –A written plan to achieve and maintain the population goal, including information on non-lethal damage abatement techniques. General Structure of Turkey Management Plan •The City may obtain a permit from the DNR to remove a specified number of birds from City property. –Turkeys posing a threat to public safety or property damage are allowable reasons for removal. –The City police and/or animal control officers can be listed as the shooters or trappers on the permit. •If the City decides not to conduct the removals with City staff, then the City can hire a contractor to assist in the removals. •The USDA/Wildlife Services is the only organization permitted to do removals at this time. –The animals removed under the permit are taken to a certified food processing facility to be donated to local food shelves or are given to individuals in need of food in the community for individual consumption. General Structure of Turkey Management Plan •If there are one or two individual turkeys causing an immediate public safety hazard (e.g. roadways or attacking people) the police department can be dispatched as needed. •Contact our local DNR Conservation Officer with an update when the removals take place. General Structure of Turkey Management Plan •Private Property –The resident would write a letter to the City requesting the removal of the turkey. –The City can decide to move ahead with removals or not. •The City may in turn recommend the resident try further hazing or avoidance techniques prior to removing the turkey. –If the City approves removals, the permit can be written to the City with work being done on the resident’s property •Permission must be given for the removals on private property. •The City and resident requesting the removal permit would work out fees for the contracted removal service. Wild Turkey Summary •The best way to deal with turkeys is remove resident feeding and continual hazing of birds to discourage them hanging out in certain areas. •If the City Council decides that turkeys are a chronic problem, then the City could develop a turkey management plan. Questions? Policy Issues: •Does the City Council support the Canada Goose Management Plan? •Does the City Council have any comments/guidance pertaining to turkey related items? –Option 1: Educate Residents –Option 2: Update the City’s Feeding Ordinance –Option 3: Develop a Turkey Management Plan Work Session Agenda Item No_ 2 MEMORANDUM -COUNCIL WORK SESSION DATE: April 17, 2018 TO: Curt Boganey, City Manager THROUGH: Ra9�naltl Etlwartls t City Manager 'r{ote, P.E., Director Public of FROM: Andrew Hogg, P.E, Assistant City Engineer SUBTECT: Wildlife Management Update: Canada Goose and Wild Turkey Recommendation: It is recommended that the City Council consider providing direction to staff regarding the Canada Goose Management Plan and provide staff direction regarding wild turkey management. Background: To create an acceptable environrnental balance that will facilitate the peaceful co -existence of citizens and wildlife the City Council adopted along -Term Deer PoptIIation Management Plan on October 27, 2003. In addition, the City of Brooklyn Center Parks Division has performed goose population control practices within City Parks since the late 1980's- Recently, some residents have expressed concerns with wild turkey management within the City. Canada Caose The Canada goose is the most widespread and abundant North American goose, found in every state at some point in lime. The Canada goose is one of the earliest spring migrants, first among Midwestern water fowl to return to the breeding grounds. Mowed lakeshores, parks and golf courses provide an abundance of brood -rearing habitat and food sources. Predator densities are low, hunting is limited and the bird is unaffected by most human activities. As such the bird has become supremely adapted to an urban environment. When Canada geese damage crops, golf courses, or parks, reduce water quality, or endanger human life on roads and at airports, intensive management programs are needed. Brooklyn Center first participated in the Metropolitan P.rea Canada Goose Population Control Program in 1987 and has Typically participated yearly in the program. The program consisted of staff contracted to conduct a yearly goose harvest, removing geese from City properties and report the goose removal numbers to the Minnesota Department of Natural Resources (DNR). In 2017, the DNR required the City to submit a Wildlife Control Permit for goose management and was also requitrd a Canada Goose Management Plan be provided with the permit application. Staff submitted the permit and provided a drag Canada Goose Management Plan which was accepted by the DNR and the geese where removed under the DNR pet -mit. The City's proposed Canada Goose Management Plan is predicated to manage geese to address public safety and health issues. The management goals would include: Onr i ls(m : 41�e n Brooklyn Center cs n r/miving, div m4tp +vhh a j�l/ range ojhousing. bzesbzess, cu/lura/ and recz enllona! � rings. 11 is snfe and Laclus a place that peat'/e ojn/I oges love to cnll home, mad wsimrs enjoy due m its corvenlent locatton mud commitment m u henlMy environment rNATFLOITINZATON. M-1-15111 111111 o Improving water quality o Reducing property damage o Minimizing vehicle -geese crashes The City intends to reduce goose droppings on walks, trails and park turf areas along with the goal of reducing fecal matter near bodies of waters. At the present time the most notable Canada goose issue areas are in City parks and at Centerbrook Golf Course. These areas are heavily impacted by goose droppings when large concentrations of the birds are present. Because health and safety concerns are important, the City uses a variety of techniques and practices to minimize or eliminate goose related problems. o By human, canine and mechanical disruption. Disturbing loafing and feeding Canada geese by individual on foot, motorized equipment or by dog. o Predator decoy - Use of 2D or 3D coyote/dogs in park areas to discourage use by geese. o Goose repellent. The City will also provide information through the City's website and upon request educate residents on geese within the City. Wild Turkeys In October 2017, a resident contacted the City with concerns about wild turkeys roosting in yards within the City. City staff has discussed these concerns with staff at the Minnesota DNR and the Three Rivers Park District. Their guidance is as follows: o Residents should not feed wildlife on their property and encourage neighbors to not feed as well. Feeding tends to increase activity and congregate birds at a higher density. Turkeys can get habituated to feeding and can become a nuisance. o It is recommended that residents haze the turkeys repeatedly if they become a problem. This usually works well and is the recommended method for dealing with turkey related issues. o Winter is the time of year when turkeys flock up and may pose a greater nuisance. Wild turkeys disperse as the season moves along and food sources are depleted. o The City Could look into creating a wildlife feeding ordinance to assist in educating the public and enforce violations as they come to light. The DNR's website has some additional information for living with turkeys: http://www.dnr. state.mn.us/livingwith_wildlife/turkeys/index.html. Staff has also contacted neighboring cities to see how they deal with turkey related issues. The Cities of Robbinsdale and Crystal don't have any sort of wild turkey management and Brooklyn Park has a basic Wildlife Management Plan. Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cidhrral and recreational offerings. It is a safe and inchisive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment MEMORANDUM -COUNCIL WORK SESSION Staff has identified the following three options that could be used to address turkey related items. Option 1 is to educate residents how to avoid common turkey problems on their property; Option 2 is to update the City's feeding ordinance; and Option 3 is to develop a turkey management plan. Option 1: Educate Residents The CiTy could provide residents with information on how to avoid common turkey problems by providing information through direct mailings, the City's website and upon request educate residents on turkeys within the City. Option Z-� Update the City's Feeding Ordinance Brooklyn Center City Ordinance 1-200 prohibits the feeding of deer. Susounding communities have similar ordinances that are expanded to include turkeys, waterfowl, fox, raccoons, etc. The City could update its feeding ordinance and help inform residents how to avoid common tm-key problems through the City's website. Enforcement of the ordinance would be similar to the feeding of deer ordinance. Option 3: Develop a Turkey Management PZan If the CiTy Council decides that turkeys are a chronic problem, then the City could develop a turkey management plan. This would allow the City to remove turkeys outside of the normal hunting season. This adds transparency to the process and provides a working document to address comments for or against turkey numbers. Items needed for a turkey management plan are o Acceptable population goal. o Trigger points for management action. o A public involvement process to allow citizen discussion/input, such as public meetings, hearings, or committees. o A written plan to achieve and maintain the population goal, including information on non -lethal damage abatement techniques. Ager the plan has been approved by the City, the City can obtain a permit from the DNR to remove a specified number of birds. Tm�keys posing a threat to public safety or property damage are allowable reasons For removal. The City police and/or animal control of£cers can be listed as the shooters or trappers on the permit. The animals removed under the permit are taken to a certified food processing facility to be donated to local food shelves or are given to individuals in need of food in the cornmuniTy for individual consumption. If the City decides not to conduct the removals wiffi City staff, then the City can hire a contractor to assist in the removals but must list the contractor as the removers in the turkey management plan. The USDA/Wildlife Services is the only organization permitted to do removals at this time. If the request for removals is coming from an individual resident, the resident would write a letter to the City requesting the removals. The City can decide to move ahead with removals or not. The City may in turn recommend the residents try further hazing or avoidance techniques Our Yision: fYe envision Breaktyn Center ns a ihrlving. diverse conummiry with nfed/ range lhousing, business, euffxn�n! end rec, anHonn/ � rim . G is n snfe and tnchsfva place Mnt people gfnO ages lova to rn/l home, and visitors ey y dem ro its convenient /ocntion and commitment to n Genlfhy anvironmam MEMORANDUM -COUNCIL WORK SESSION prior to removing birds. If the City approves removals, the permit can be written to the City with work being done on the resident's property if permission is given. The City and resident requesting the removal permit would work out fees for the contracted services. If there are one or two individual tm�keys causing an immediate public safety hazard (e. g. on airport runways or roadways or attacking people) the police depar¢ment can dispatch as needed. We would contact om� local DNR Conservation Officer with an update when the removals take place. Policy Issues: Does the City Council support the Canada Goose Management Plan Does the City Council have any comments pertaining to educat a public to not feed turkeys, revising the feeding ordinance to include other wildlife, or creating a wild turkey management plan? Strategic Priorities: • Safe, Secure, Stable Community Oen- ! is 4Pe nvlslan Brooklyn Cenfer n thriving, div niN,vith nfxd! rnnge lhnarsing. brtsLxe cednn�a( mud I ecrenflonal � rings. /f rs n s� and innhrsive place Ihn/ poop/e r lir/! a8es love to cn// hmne. and vtstlors e jay due to ile convenlenr /ocnlfon and cwnmflrnenl m n hentlhy envn omnenl Canada Goose Management Plan March 13, 2017 Introduction The Canada goose is the most widespread and abundant North American goose, found in every state at some point In time. The Canada goose is one of the earliest spring migrants, first among Midwestern wafer fowl to return to the breeding grounds. Mowed lal<eshores, parks and golf courses provitlean abundance of brood -rearing habitat and food sources. Predator densities are low, hunting is Iim lted and the bird Is unaffected by most human activities. As such the bird has become supremely adapted to an urban environment. When Canada geese damage crops, golF courses, or parks, reduce water quality, or endanger human life on roads and at airports, Intensive management programs are needed. Policy The City's goose management plan is predicated to manage geese to address public safety and health issues. The management goals include: o Improving water quality o Reducing property damage o Minimizing vehicle -geese crashes The City will provide Information through the City's website and upon request to educate residents on geese within the City. Monitoring The City will encourage residents to report Canada goose related problems by sending an email or calling the Public Works Department at 763.669.3340 or pu blicworksl�ci.brooklvn-center.m n.us. The City will keep records of annual bird counts ai designated Issue areas. Education The City will {nform citizens of the management plan obJectives, background, management methodologies, applicable ordinance and policies through the Ciiy web page. Aircraft Hazard The City will cooperate with the Metropolitan Airport Commission and the United States Department of Agriculture Wiltllife Service to control the Canada goose population within a designated radius of airport property. These may include sections of the City and may involve additional mitigation practices. Page 1 of 3 City Parks and Public Property The City intends to reduce goose droppings on walks, trails and park turf areas along with the goal of reducing fecal matter near bodies of waters. At the present time the most notable Canada goose issue areas are: 1) Centennial Park 2) Middle and UpperTwin Lake 3) Twin Lake Park 4) Palmer Lake and adjacent parks 5) Centerbrook Golf Course These areas are heavily impacted by goose droppings when large concentrations of the birds are present. Because health and safety concerns are important, the City uses a variety of techniques and practices to minimize or eliminate goose related problems. a. By human, canine and mechanical disruption. Disturbing loafing and feeding Canada geese by individual on foot, motorized equipment or by dog. b. Predator decoy - Use of 2D or 3D coyote/dogs in park areas to discourage use by geese. c. Migrate goose repellent. To reduce the summer population of geese at the problem areas, the City contracts annually with Canada Goose Management, Inc. (or comparable goose management company) to remove geese from the problem areas (see attached map for issue areas, counts and goals). The City may expand this Canada goose control and removal program to other parks and public areas if goose numbers and associated problems warrant such action. The City will obtain an annual removal permit from the Minnesota Department of Natural Resources and will adhere to MNDNR policies in regards to the removal of Canada geese. Private Property The City will inform citizens of Canada goose management techniques that may be employed to reduce or eliminate problems on private property. For owners of private property requesting assistance with goose problems and/or removal of geese, the guidelines set forth in this management plan for City Parks and public property are to be followed. The City will assist private property owners in contracting Canada goose management companies to help with goose problems, including removal of problem geese. The City will not pay for removal or control cost on private property. Removal or control costs will be entirely at the private property owner's expense. Page 2 of 3 Attached Map and Goose Population Estimate Attached in Appendix A is a City map identifying the goose management areas, estimated goose populations and population goals. Recording/Tracking Management Activities for Future Adjustments/Improvements All management activities will be documented on the Management Activity Form in Appendix B and submitted to area wildlife manager by approximately September loth of each year. The City will keep a copy of this form on file to help facilitate future management activities that might need adjustments or improvements. Page 3 of 3 �`" �. _ice ._ Presented by: Michael Ericson, Assistant to the Community Development Director At its January 23, 2018 Work Session meeting the council listened to a presentation from Mr. Chism Chism describing his vision for a 1st Saturday Marketplace  An Open Air Marketplace in the parking lot of Brookdale Health The goal is to raise the city’s economic makeup by cultivating new and existing startup businesses while increasing economic stability. Council direct staff to assist in developing plans including site logistics, vendors, and a budget. Mr. Chism had requested a sponsorship level of $25,000 from the city. Market Manager $1500 for each event ◦Time for planning ◦Correspondence ◦Promotions ◦Reporting Data Gathering ◦Market Day ◦*All Operational staff - Tax - 1099 Day Event Staff ◦Check-in, event customer experience ◦Setup/Takedown (before, after) ◦Tidy Up Staff (before, during, after) ◦Social Media Marketing Ambassador ◦Traffic Control ◦Site Clean Up, maintenance Security Services ◦Vendor - Limitless Protection Services, LLC (2 staff-$40/hr/$300) Site Deposit ◦$2,000 – Brookdale Health Event Insurance - $300/day Operational Permits, ◦Event - $50 ◦Electrical for Portable Generator - $200 ◦Food Vendor- as per county regulations Site Improvements ◦Port - a -johns Vendor – Biffs – STD & ADA-$345 + $150 ◦Utilities Water Portable Electrical Generator Vendor: Ziegler 50k ($2,000 estimate / per event) Electrical Permit required - Electrician -$200 ◦Sanitation Waste Management – 10-yard @ $650 + 6- 90 gal. R&R -$50 12 90 gal. R & R: Brooms, Trash Bags, Pickup Sticks ◦Exhibitor Booths Tents – 20 @ $150 - $3,000 Tables – n/c Chairs - n/c Signs Event Signage ◦Vendor Traffic Control : Warning Lights – $400/per event Staff Clothing ◦T-shirts - $25 x 20 volunteers Internet (hot spot seek donation) Point of Sale Event Data Collection Software ◦Survey of attendee – ambassadors and vendor booth Entertainment Services ◦Vendor - KMOJ Remote Broad Cast - $700/per with Personality 11a-1p ◦Vendor - RCM (Ray Covington Management) Children Activities ◦Vendor: USA Inflatables - $300 ◦Vendor – Chit Chat the Clown Services Face Painting - $300 Graphic / Printing Design Services for Promotional signage $1,000 ◦Allen 7 Designs ◦UPS Store Storage Rental Security Services ◦Vendor - Limitless Protection Services, LLC (2 staff @ $40/hr- $400) Miscellaneous Draft Service Agreement with Mr. Chism Submit event reimbursement forms for approved event expenses Staff has worked with Mr. Chism to detail and estimate all related business expenses. The estimated costs of the proposed budget is $10,600 per event. ◦One time cost of $3,000 for tents ◦One time cost of $1,000 for signage ◦Revenue not included in estimate A first time new adventure for our immigrant entrepreneurs who need a location to market and sell their products and wares. Mr. Chism’s vision is consistent with the city’s Strategic Priorities. Logistical issues are being worked on collectively with Mr. Chism and city staff. The primary goal to get the event started on June 2. The Economic Development Authority would act as the financial partner as per the city attorney. Provide further direction to staff to finalize logistical issues What issues or concerns does the Council have in sponsoring this event? Staff recommends that the event be reviewed for long term financial sustainability.