HomeMy WebLinkAbout2018 05-29 CCP Regular SessionAGENDA
CITY COUNCIL STUDY SESSION
May 29, 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
May 29, 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.April 30, 2018 - Board of Appeal and Equalization Reconvene
2.May 14, 2018 - Study/Work Session
3.May 14, 2018 —Regular Session
4.May 14, 2018 —Work Session
b. Licenses
C. Resolution Approving Wells Fargo as the City's Custodian for Investment
Securities
d. Resolution Accepting Work Performed and Authorizing Final Payment, Project
Nos. 2015-05, 06, 07 and 08, 63rd Avenue Street and Utility Improvements
CITY COUNCIL AGENDA -2- May 29, 2018
e.Resolution Approving Change Order No. 2 and Accepting Work Performed and
Authorizing Final Payment, Project No. 2014-05, Water Treatment Plant Project
f.Resolution Establishing Improvement Project Nos. 2019-01, 02, 03 and 04,
Interstate Area Street and Utility Improvements
g. Resolution Authorizing the Exchange of One Personal Floating Holiday for the
Monday Preceding the 2018 Christmas Day Holiday for City Employees
7.Presentations/Proclamations/Recognitions/Donations
-None.
8.Public Hearings
-None.
9. Planning Commission Items
a.Resolution Regarding the Recommended Disposition of Planning Commission
Application No. 2018-006 Submitted by Alan Milavetz of Milavetz, Gallop &
Milavetz, Requesting Site and Building Plan Approval for a 1,222-Square Foot
Addition onto an Existing Office Building, Parking Lots Expansion, and
Consideration of a Request to Combine Two Adjacent Common-Owned Lots
(Located at 1915 57th Avenue North and 200157 th Avenue North)
—The Planning Commission recommended unanimous (6-0) approval of this
Application at its May 17, 2018, meeting.
Requested Council Action:
—Motion to adopt resolution.
b.An Ordinance Amending Chapter 35 of the City Code of Ordinances to Establish
a New Section 35-420 to Allow Automobile Dealership Off-site Vehicle Storage
as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts
Requested Council Action:
—Motion to approve first reading and set second reading and Public
Hearing for June 25, 2018.
10. Council Consideration Items
a.An Ordinance Amending Chapter 25 of the Code of Ordinances Regarding
Median Safety
Requested Council Action:
—Motion to approve first reading and set second reading and Public
Hearing for June 25, 2018.
b.An Ordinance Regulating Automobile Dealership Off-Site Vehicle Storage
Requested Council Action:
—Motion to approve Ordinance Effective Immediately
CITY COUNCIL AGENDA -3- May 29, 2018
11.Council Report
12.Adjournment
EDA MEETING
City of Brooklyn Center
May 29, 2018 AGENDA
Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the podium.
2.Roll Call
3.Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a.Approval of Minutes
1. May 14, 2018 —Regular Session
b.Resolution to Approve a Short-term Lease Agreement Between the Economic
Development Authority and Luther Auto Dealership
4.Commission Consideration Items
—None.
5.Adjournment
AGENDA
CITY OF BROOKLYN CENTER
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
May 29, 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.Bee Keeping and Compost Bin Regulation
2.Electronic Agenda - NovusAgenda Presentation
3. Ordinance Review Process
PENDING LIST FOR FUTURE WORK SESSIONS
Later/Ongoing
1.Comprehensive Plan Art Contest - May
2.Earle Brown Days Update
3. Beautification and Public Art Initiative - June
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
BOARD OF APPEAL AND EQUALIZATION RECONVENE
APRIL 30, 2018
CITY HALL - COUNCIL CHAMBERS
1.CALL TO ORDER
The Brooklyn Center City Council reconvened the Local Board of Appeal and Equalization and
the meeting was called to order by Mayor Willson at 6:00 p.m.
2.ROLL CALL
Mayor Willson and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Ryan, and
April Graves (arrived at 6:07 p.m.) were present. Also present were City Manager Curt
Boganey, Deputy City Manager Reggie Edwards, Director of Community Development, Meg
Beekman and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
Others present from Hennepin County were Josh Hoogland, Residential Appraiser Manager;
Joshua Whitney, Appraiser; Rob Winge, Principle Residential Appraiser, and Lisa Olmen,
Commercial Appraiser.
3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION
FORM
The Local Board of Appeal and Equalization Certification form was signed by all Board
Members present.
4.ASSESSOR'S REPORT ON APPEALS PRESENTED AT THE APRIL 16TH
BOARD MEETING
Hennepin County Appraiser Robert Winge discussed that following the April 16, 2018, Local
Board of Appeal and Equalization meeting, staff from the Hennepin County Assessor's Office
met with each of the following appellants and arrived upon recommendations after a physical
review of the properties, along with a review of market comparables. Each of the following
appellants has agreed with the Assessor's recommendations:
Jacqueline Williams
7141 Unity Avenue North
PID# 28-119-21-42-0015
Assessor's recommendation: A value reduction from $135,000 to $127,000.
Member Ryan moved and Member Graves seconded a motion to accept the Assessor's
04/30/18 4- DRAFT
recommendation to reduce the assessed valuation from $135,000 to $127,000. Motion passed
unanimously.
Luke Everson
5434 Camden Avenue North
PID# 01-118-21-43-0055
Assessor's recommendation: A value reduction from $145,000 to $134,000.
Member Ryan moved and Member Graves seconded a motion to accept the Assessor's
recommendation to reduce the assessed valuation from $145,000 to $134,000. Motion passed
unanimously.
Joseph Laampe and Ernee McArthur
211855 Ih Avenue North
PID# 02-118-21-43-0150
Assessor's recommendation: No changed proposed from $203,000.
Member Ryan moved and Member Graves seconded a motion to accept the Assessor's
recommendation of no change and leave valuation at $203, 000. Motion passed unanimously.
Paul S. Oman
5239 Twin Lake Boulevard East
PID# 01-118-21-21-0038
Assessor's recommendation: A value reduction from $336,000 to $310,000.
Member Ryan moved and Member Graves seconded a motion to accept the Assessor's
recommendation to reduce the assessed valuation from $336,000 to $310,000. Motion passed
unanimously.
Mitchell Meyer
6921 Logan Avenue North
PID# 26-119-21-43-0003
Assessor's recommendation: No changed proposed from $225,000.
Member Ryan moved and Member Graves seconded a motion to accept the Assessor's
recommendation of no change and leave valuation at $225,000. Motion passed unanimously.
John Geske
5338 Emerson Avenue North
PID# 01-118-21-33-0152
Assessor's recommendation: No changed proposed from $226,000.
Member Ryan moved and Member Graves seconded a motion to accept the Assessor's
recommendation of no change and leave valuation at $226,000. Motion passed unanimously.
04/30/18 -2- DRAFT
5.ASSESSOR'S REPORT ON WRITTEN APPEALS
The Assessors have met with each of the following appellants after a physical review of the
property and market comparable; the following recommendations have been provided for the
Board's consideration.
Dorleen D. Ditty
7024 Logan Avenue North
PID# 26-119-21-44-0007
Assessor's recommendation: A value reduction from $184,000 to $168,000.
Member Graves moved and Member Lawrence-Anderson seconded a motion to accept the
Assessor's recommendation to reduce the assessed valuation from $184,000 to $168,000.
Motion passed unanimously.
3410 48th Avenue North
PID#10-118 -21-42-0018
Assessor's recommendation: Valued at $558,000.
Member Butler moved and Member Ryan seconded a motion to accept the Assessor's
recommendation of assessed valuation of $558,000. Motion passed unanimously.
3501 48 th Avenue North
PID#10-1 18-21-42-0013
Assessor's recommendation: Valued at $590,000.
Member Butler moved and Member Ryan seconded a motion to accept the Assessor's
recommendation of assessed valuation of $590,000. Motion passed unanimously.
3300 County Road 10
PID#03-1 18-21-14-0033
Assessor's recommendation: Valued at $1,816,000.
Member Ryan moved and Member Butler seconded a motion to accept the Assessor's
recommendation of assessed valuation of $1,816,000. Motion passed unanimously.
2550 Freeway Blvd
PID#35-1 19-21-24-0008
Assessor's recommendation: Valued at $3,786,000.
Member Lawrence-Anderson moved and Member Butler seconded a motion to accept the
Assessor's recommendation of assessed valuation of $3,786,000. Motion passed unanimously.
6.ADJOURN
There was a motion by Councilmember Graves and seconded by Councilmember Butler, to
04/30/18 -3- DRAFT
adjourn the Local Board of Appeal and Equalization at 6:20 p.m.
Motion passed unanimously.
04/30/18 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
STUDY SESSION
MAY 14,2018
CITY HALL - COUNCIL CHAMBERS
WUi1SXSlliOi*1
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:08 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy
City' Manager Reggie Edwards, Director of Public Works Doran Cote, Planner and Zoning
Administrator Ginny McIntosh, City Attorney Troy Gilchrist, Barbara Suciu City Clerk and
Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
City Manager Curt Boganey stated Agenda Item No. 1 0a9, License for 3141 49th Avenue North
should be added to the Consent Agenda as it now qualifies as a Type 1 License due to
completing the ARM meeting requirement as should Agenda Item No. 1 0a12, License for 6325
Kyle Avenue North as it now qualifies for a Type 3 License. There was a consensus to move
these items to the Consent Agenda.
MISCELLANEOUS
Councilmember Ryan asked Mr. Boganey if the reason people are asked to rsvp to the
neighborhood events is so there is a head count for food. Mr. Boganey stated that is generally
the reason.
Mayor Willson stated he will be in Boston at the Mayors Conference June 6-12, 2018.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
SCHEDULE SPECIAL JOINT WORK SESSION MEETINGS WITH PLANNING
COMMISSION
Mr. Boganey stated this proposed work session is to review the comp plan and get the City
Councils feedback.
It was the consensus of the City Council that the dates provided worked for all of them.
05/14/18 -1- DRAFT
Mayor Willson requested the City Council receive a copy of the comp plan prior to the July 9,
2018 meeting to review. Mr. Boganey stated he will get them all a copy.
PARK DEDICATION FEES
Mr. Boganey invited Community Development Director Meg Beckman forward to introduce this
item.
Ms. Beckman stated this is a Citywide fund and noted the fee can be used for new parks or trails
when new developers come into the City. She stated the opportunity site is one of the reasons she
is suggesting they look into this because that developer is looking to put some sort of park on
that site and this will be a park that they could then quantify and use as a comparable.
Mayor Willson stated he is concerned that the money it could generate based on the little amount
of land they have for parks, would leave a good amount remaining that others such as the
developer would have to pay.
Councilmember Graves stated she agrees with Mayor Willson and would be concerned that the
fees may trickle down and residents would somehow end up paying for it and in places where the
development is market rate the parks may be much less grand then those of other sites that are
developed at higher rates.
Councilmember Ryan stated he would like to see more information on this issue especially
because they have the Eastbrook Estates and opportunity sites to possibly build parks on.
Councilmember Butler stated she would like to see more information before making a decision
as well.
Mayor Willson stated there is a clear consensus to move forward and get more information with
this per then staff recommendations.
MEDIAN SAFETY INITIATIVE
Police Chief Gannon introduced and provided an overview and presentation on this item. He
stated this plan was created with City Attorney Gilchrist, City staff, and the Police Department.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Mayor Willson adjourned the Study Session to Informal Open Forum at 6:45 p.m.
RECONVENE STUDY SESSION
Councilmember Ryan moved and Councilmember Graves seconded to reconvene Study Session
at 6:47 p.m.
05/14/18 -2- DRAFT
Motion passed unanimously.
MEDIAN SAFETY INITIATIVE - Continued
Police Chief Gannon continued his presentation on this item and explained the reasons they need
this initiative. He provided a box created by a staff member that is the size of a median discussed
in this initiative and illustrated how small the area of the median actually is.
This item reached conclusion at the May 21, 2018 Work Session.
ADJOURNMENT
Mayor Willson adjourned the Study Session to Regular City Council Meeting at 6:59 p.m.
Motion passed unanimously.
05/14/18 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MAY 14,2018
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy
City Manager Reggie Edwards, Director of Public Works Doran Cote, Planner and Zoning
Administrator Ginny McIntosh, 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.
Diane Sannes, 7006 Willow Lane, addressed the City Council. She stated the safety and traffic
issue has been better since Mn/DOT put up no trespassing signs and picked up garbage around
the City so she is happy about that. She stated T21 efforts started and she hopes the City Council
continues to deny licenses for places opening by the High School especially, noting they could
be one of the top 21 cities. She asked to make a correction to her statement made at the April 23,
2018, City Council meeting and stated she was referring to farmers markets, and would like the
City to support local farmers and allow them to have a farmers market like many other local
cities do.
Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open
Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Graves recited a poem about divine motherhood as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
05/14/18 -1- DRAFT
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4.ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson (excused at 8:16 p.m.), and Dan Ryan were present. 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 Ghmy
McIntosh, City Attorney Troy Gilchrist, and Michaela 1"ujawa-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 Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, as revised to add Items 10a.9 and l0a.12 to the Consent Agenda,
and the following consent items were approved:
6a. APPROVAL OF MINUTES
1.April 16, 2018— Board of Appeal and Equalization
2.April 23, 2018— Study/Work Session
3.April 23, 2018— Regular Session
4.April 30, 2018— Board of Appeal and Equalization Reconvene
6b. LICENSES
AMUSEMENT DEVICE
Metro Coin of Minnesota, Inc.
FIREWORKS PERMANENT
American Promotional Events
dba: TNT Fireworks
American Promotional Events
dba: TNT Fireworks
MECHANICAL
C & M Heating & Air Conditioning
Centraire Ht & A/C, Inc.
DJ 1 s Heating & Air Cond
Do Pham Inc.
Easco Plumbing & Heating
Harris Companies
6301 Shingle Creek Parkway
3245 Co. Rd No 10
6100 Shingle Creek Parkway
13862 Wintergreen Street, Andover
7402 Washington Ave S, Eden Prairie
6060 LaBeaux Ave NE, Albertville
3455 124th Cir. NE, Blame
7965 Pioneer Trail, Loretto
909 Montreal Circle, St. Paul
05/14/18 -2- DRAFT
Louis DeGidio Services, Inc.
McChesney Heating & Air
Modem Heating & A/C
The McBride Company Inc.
dba: Metro Air
Yale Mechanical
21033 Heron Way, Lakeville
8201 175th Ave SE, Becker
16980 Welcome Ave, Prior Lake
220 W. 81st Street, Bloomington
MOTOR VEHICLE DEALERSHIP
BB Motor Sales, LLC 6701 Brooklyn Blvd
dba: Luther Brookdale Chevrolet
BB Motor Sales, LLC 4301 68th Ave N
dba: Luther Brookdale Buick GMC
BCV Motors, LLC 6801 Brooklyn Blvd
dba: Luther Brookdale Volkswagen
Brooklyn Park Motors, Inc.6700 Brooklyn Blvd
dba: Luther Brookdale Toyota
Metro Brookdale LLC 7235 Brooklyn Blvd
dba: Luther Brookdale Mazda Mitsubishi
R.L. Brookdale Motors, Inc.6800 Brooklyn Blvd
dba: Luther Brookdale Honda
RENTAL
INITIAL (TYPE III— one-year license)
5420 Girard Ave N
INITIAL (TYPE II— two-year license)
5808 Fremont Ave N
RENEWAL (TYPE III— one-year license)
8 19-21 55thAveN
3300 65'Ave N
4906 Howe Lane
5755 Humboldt Ave N
6325 Kyle Ave N
6907 Logan AveN
5559 Lyndale Ave N
6925 Regent Ave N
RENEWAL (TYPE H—two-year license)
5245-47 Drew Ave N
5200 63rd Ave N
5330 Girard Ave N
2701 OhenryRd
RENEWAL (TYPE 1— three-year license)
314149" Ave N
Scott Sorum
Chen Zhou
Stephanie Statz
Elizabeth Dolomengi
Cosco Properties LLC
Toan Truong
Coung Pham (moved from 10a12.)
Paul Gathumbi
(Missing 1 ARM meeting)
Dragon Property Management
Travis James Senenfelder
Mai Xoing
Roger Bonny
Executive Realty
Sherman Yih Feng Kho
Manjo Moorgani (moved from 100.)
05/14/18 -3- DRAFT
3715 69th Ave
1207 65 " Ave N
6014 Girard AveN
4201 Lakeside Ave #302
4207 Lakeside Ave #336
5315 Logan AveN
6830 Scott Ave N
SIGN HANGER
Archetype Sign Makers
SDDI Sign Systems
Christian Knutson
Tech Ung
Douglas Allen Wahl
Xavier G. Haro
Tamara Carlson
Kirsten & Joel Carson
Invitation Homes
9635 Girard Ave S, Bloomington
17125 Adelmann St. SE, Prior Lake
TRANSIENT ACCOMMODATIONS - LEVEL 1
Country Inn & Suites 2550 Freeway Blvd
DoubleTree by Hilton Minneapolis North 2200 Freeway Blvd
6c. RESOLUTION NO. 2018-95 AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT, PROJECT NOS. 2018-01,02,
03 AND 04, FIREHOUSE PARK AREA STREET AND UTILITY
IMPROVEMENTS
Gd. AGREEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT
PHASE 1
6d1. APPROVAL OF RESOLUTION NO. 2018-096 AUTHORIZING
EXECUTION OF COOPERATIVE CONSTRUCTION
AGREEMENT FOR BROOKLYN BOULEVARD
RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS,
SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD
(CSAH 10), PROJECT NO. 2018-05 BETWEEN HENNEPIN
COUNTY AND CITY OF BROOKLYN CENTER
6d2. APPROVAL OF RESOLUTION NO. 2018-097 AUTHORIZING
EXECUTION OF COOPERATIVE CONSTRUCTION
AGREEMENT FOR BROOKLYN BOULEVARD
RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS,
SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD
(CSAH 10), PROJECT NO. 2018-05 BETWEEN MINNESOTA
DEPARTMENT OF TRANSPORTATION AND CITY OF
BROOKLYN CENTER
60. APPROVAL OF RESOLUTION NO. 2018-098 AUTHORIZING
EXECUTION OF TRAFFIC CONTROL SIGNAL MAINTENANCE
AGREEMENT NO. 1030730 FOR INTERSECTIONS AT TRUNK
HIGHWAY NO. 100 AT COUNTY STATE AID HIGHWAY (CSAH)
NO. 152 (BROOKLYN BLVD) BETWEEN MINNESOTA
DEPARTMENT OF TRANSPORTATION, HENNEPIN COUNTY
05/14/18 -4- DRAFT
AND CITY OF BROOKLYN CENTER
6d4. APPROVAL OF RESOLUTION NO. 2018-099 AUTHORIZING
EXECUTION OF LIMITED USE PERMIT AGREEMENT FOR
BROOKLYN BOULEVARD RECONSTRUCTION AND
STREETSCAPE IMPROVEMENTS WITHIN STATE RIGHT-OF-
WAY BETWEEN CITY OF BROOKLYN CENTER AND
MINNESOTA DEPARTMENT OF TRANSPORTATION
6e.RESOLUTION NO. 2018-100 AUTHORIZING EXECUTION OF JOINT
POWERS AGREEMENT WITH NATIONAL COOPERATIVE
PURCHASING ALLIANCE
6f.RESOLUTION NO. 2018-101 AMENDING THE CITY'S PERSONNEL
RULES AND REGULATIONS
6g. RESOLUTION NO. 2018-102 PROVIDING FOR THE COMPETITIVE
NEGOTIATED SALE OF $8,530,000 GENERAL OBLIGATION
IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2018A
Motion passed unanimously.
7. PRESENTATIONSJPROCLAMATIONSIRECOGNITIONS/D ONATIONS
7a. RESOLUTION NO. 2018-103 EXPRESSING RECOGNITION AND
APPRECIATION TO CITY CLERK SHARON KNUTSON FOR 35 YEARS OF
DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER
Mayor Willson read in full a Resolution Expressing Recognition and Appreciation to City Clerk
Sharon Knutson for 35 years of Dedicated service to the City of Brooklyn Center.
Mayor Willson stated he has enjoyed working with Ms. Knutson over years and has so much
gratitude for her hard work and positive attitude. Councilmember Ryan echoed the sentiments of
Mayor Willson, wished her a happy retirement and thanked her for her work. Councilmember
Graves stated she is sad to see her go, but very happy for her. Councilmember Butler stated she
is happy for Ms. Knutson and thanked her for her help during the election process; she noted
Sharon made it so easy.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2018-103, Expressing Recognition and Appreciation to City Clerk Sharon
Knutson for 35 years of Dedicated Service to the City of Brooklyn Center.
Motion passed unanimously.
05/14/18 -5- DRAFT
7b.RESOLUTION NO. 2018-104 RESOLUTION EXPRESSING RECOGNITION
AND APPRECIATION OF REBECCA CRASS FOR OVER 24 YEARS OF
DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER
Mayor Willson read in full a Resolution Expressing Recognition and Appreciation of Rebecca
Crass for over 24 years of Dedicated Service to the City of Brooklyn Center.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2018-104, Expressing Recognition and Appreciation of Rebecca Crass for
over 24 years of Dedicated Service to the City of Brooklyn Center.
Mayor Willson stated the service Ms. Crass has provided has been great. He stated it was both
Rebecca and Sharon who made him feel welcome when he first was in office. Councilmember
Lawrence-Anderson echoed Mayor Wilison's sentiments and said she is so appreciative of all the
hard work they did. Councilmember Ryan stated his agreement and expressed his gratitude.
Motion passed unanimously.
7c.PROCLAMATION DECLARING MAY 20-26, 2018, NATIONAL PUBLIC
WORKS WEEK IN THE CITY OF BROOKLYN CENTER
Mayor Willson read in full a Proclamation Declaring May 20-26, 2018, National Public Works
Week in the City of Brooklyn Center.
Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt
Proclamation Declaring May 20-26, 2018, National Public Works Week in the City of Brooklyn
Center.
Councilmember Graves asked what else they are doing to celebrate this achievement. Mr. Cote
stated they are having a picnic and serving the employees.
Councilmember Lawrence-Anderson asked if the council is invited. Mr. Cote stated absolutely.
Motion passed unanimously.
7d. RESOLUTION NO. 2018-105 RECOGNIZING MAY 13 THROUGH MAY 19,
2018 AS POLICE WEEK AND MAY 15, 2018, AS POLICE OFFICERS
MEMORIAL DAY
Mayor Willson read in full a Resolution Recognizing May 13 Through May 19, 2018 as Police
Week and May 15, 2018, as Police Officers Memorial Day
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2018-105, Recognizing May 13 through May 19, 2018 as Police Week and
May 15, 2018, as Police Officers Memorial Day
05/14/18 -6- DRAFT
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2018-04 AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING THE 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
Planner and Zoning Administrator Gimiy McIntosh introduced the item, discussed the history,
and stated the purpose of the proposed ordinance.
Councilmember Graves moved and Councilmember Ryan 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 moved and Councilmember Lawrence-Anderson seconded to adopt
ORDINANCE NO. 2018-04 Amending Chapter 35 of the City Code of Ordinances Regarding
the 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
Motion passed unanimously.
8a1. APPROVAL OF THE PUB AGREEMENT BETWEEN THE CITY AND
EBERT INC. DIB/A EBERT CONSTRUCTION
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the
PUD Agreement between the City and Ebert Inc. D!BIA Ebert Construction.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. REQUEST TO USE CERTAIN EXTERIOR MATERIALS IN THE
RENOVATION OF THE FORMER KOHL'S BUILDING (2501 COUNTY ROAD
10)
05/14/18 -7- DRAFT
Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning
Commission Application No. 2018-001 and advised the Planning Commission recommended
approval of the applications at its April 26, 2018 meeting.
9a1. RESOLUTION NO. 2018-106 REGARDING THE RECOMMENDED
DISPOSITION OF THE REQUEST TO USE CERTAIN EXTERIOR
MATERIALS IN THE RENOVATION OF THE FORMER KOHL'S
BUILDING (2501 COUNTY ROAD 10), SUBMITTED BY HOM
FURNITURE, INC. (LOCATED AT 2501 COUNTY ROAD 10)
John Pierce, Real Estate Manager for Horn Furniture, addressed the City Council. Mr. Pierce
reviewed the process in which the Nichiha is made and how it helps the environment.
Councilmember Graves asked how the materials, if at all, contribute to the environment.
Councilmember Ryan asked how the product has been tested for durability and wear over time.
Mr. Pierce stated it has been tested in Duluth due to the severe weather and wind-chills they
experience there and it has proven to be a strong material that will last for a very long time. He
noted it has a life expectancy of 50 years.
Mayor Willson asked about the clip system and stated his concern is if the metals used for the
clips rust and cause the system to break over time. Mr. Pierce stated the clips are made of
corrosion resistant metals and explained how there is a barrier between the materials that protects
that from happening.
Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION
NO. 2018-106, Approving Planning Commission Application No. 2018-001, Submitted by Horn
Furniture Inc., Requesting Approval to Use Certain Exterior Materials in the Renovation of the
Former Kohl's Building (2501 County Road 10).
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
None.
lOa. 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 1 Oal through 1 Oal 4.
05/14/18 -8- DRAFT
lOal. 700 66TH AVE N, GEORGETOWN PARK TOWNHOUSES
10a2. 3218 6311]) AVEN
100. 5207 BOULDER LA
10a4. 5715 EMERSON AVE N
10a5. 4201 LAKESIDE AVE #104
10a6. 5820 LOGAN AVE N
100. 7006 MORGAN AVE N
10a8. RESOLUTION NO. 2018-107 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 1510 69TH AVE N
10a9. MOVED TO CONSENT AGENDA
lOalO. RESOLUTION NO. 2018-108 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 5420 EMERSON AVE N
lOall. RESOLUTION NO. 2018-109 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 6243 FRANCE AVE N
10a12. MOVED TO CONSENT AGENDA
10a13. RESOLUTION NO. 2018-110 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 5642 LOGAN AVE N
10a14. RESOLUTION NO. 2018-11 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 4501 WOODBINE LA
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: 700 66th
Avenue North; 3218 63rd Avenue North; 5207 Boulder Lane; 5715 Emerson Avenue North;
4201 Lakeside Avenue #104; 5820 Logan Avenue North; 7006 Morgan Avenue North; and to
adopt RESOLUTION NO. 2018-107 Approving a Type IV Rental License for 1510 691h Avenue
North; RESOLUTION NO. 2018-108 Approving a Type IV Rental License for 5420 Emerson
Avenue North; RESOLUTION NO. 2018-109 Approving a Type IV Rental License for 6243
France Avenue North; RESOLUTION NO. 2018-110 Approving a Type IV Rental License for
5642 Logan Avenue North; and RESOLUTION NO. 2018-111 Approving a Type IV Rental
License for 4501 Woodbine Lane, 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.
Councilmember Lawrence-Anderson was excused from the remainder of the meeting at 8:16
p.m.
lOb. RESOLUTION NO. 2018-112 APPROVING THE CUL-DE-SAC MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND SFG NET LEASE TG
MINNEAPOLIS, LLC AND AUTHORING THE PURCHASE OF EXCESS
RIGHT-OF-WAY FROM THE MINNESOTA DEPARTMENT OF
TRANSPORTATION
Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2018-112, Approving the Cul-De-Sac Memorandum of Understanding Between the City
05/14/18 -9- DRAFT
and SFG Net Lease TG Minneapolis, LLC and Authorizing the Purchase of Excess Right-Of-
Way from the Minnesota Department of Transportation.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• April 25, 2018: Planning Session for 252 with Mn/DOT
• April 27, 2018: Brooklyn Center Fire Fighter's Relief Fund Association Dinner
• April 30, 2018: Board of Appeal and Equalization Reconvene Meeting
• May 5, 2018: 40th Annual Brooklyn Center Community Prayer Breakfast
• May 10, 2018: Association for Responsible Management (ARM) Meeting
• May 10, 2018: Tour of Brooklyn Center Water Treatment Plant with MN Dept. of Health
• May 10, 2018: Testified in support of the D-Line Project
• May 17, 2018: First of 4 Neighborhood Area Meetings in the Park at Twin Lake Park
Councilmember Graves reported on her attendance at the following and provided information on
the following upcoming events:
• April 30,2018: Board of Appeal and Equalization Reconvene Meeting
• May 1 - 2,2018: United Convening
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
• April 11-13, 2018: Policy on Equity Summit in Chicago
• April 30, 2018: Board of Appeal and Equalization Reconvene Meeting
• May 5, 2018: 40 th Annual Brooklyn Center Community Prayer Breakfast
• May 8,2018: MacPhail Music Matters Lunch
• May 8, 2018: Meeting with Planning Commissioner Abe Rizvi
Mayor Willson reported on his attendance at the
following upcoming events:
• April 25, 2018: Constituent meeting
• April 26,2018: FBI Academy Meeting
• April 27, 2018: Meeting with City Manager
Relief Fund Association Dinner
following and provided information on the
and attended Brooklyn Center Fire Fighter's
• April 30, 2018: Board of Appeal and Equalization Reconvene Meeting
• May 3, 2018: FBI Academy Meeting
• May 5,2018: 40th Annual Brooklyn Center Community Prayer Breakfast
• May 10, 2018: Tour of Brooklyn Center Water Treatment Plant with MN Dept. of Health
May 10, 2018: FBI Academy Meeting
• May 15, 2018: Chamber of Commerce Speech
• May 16, 2018: Taping of Mayors Minute
• May 16, 2018: North Metro
05/14/18 -10- DRAFT
May 17, 2018: First of 4 Neighborhood Area Meetings in the Park at Twin Lake Park
May 17,2018: Last FBI Academy Meeting
Mayor Willson announced the grand opening of Jambo Africa on May 18, 2018. He stated he
will be out of town in Boston in June, will be joining the Rotary Club sessions again soon, and
he has decided to take the trip to the FBI site in Quantico.
12. ADJOURNMENT
Councilmember Butler moved and Councilmember Graves seconded adjournment of the City
Council meeting at 8:29 p.m.
Motion passed unanimously.
05/14/18 -11- 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
MAY 14, 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 8:36 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. Other 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, Police Chief Tim Gannon, City
Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
MEDIAN SAFETY INITIATIVE - Continued
Councilmember/Commissioner Butler ask if police will patrol and check for violators. Police
Chief Gannon stated he doesn't believe it will be an issue and thinks that once it is illegal and
notice is posted, people will adhere to the law.
The majority consensus of the City Council/EDA was to move forward with this issue.
TOBACCO PURCHASE AGE 21 (BROOKLYNS YOUTH COUNCIL)
Mr. Boganey introduced this item and explained the reason it is being brought forward. He
introduced Ms. Gretchen Garman, Hennepin County Public Health, to come forward and discuss
this topic in depth.
Ms. Garman, 2056 Beard Street, addressed the City Council/EDA. She provided a presentation
that reviewed data and trends on the dangers of tobacco use and how it is affecting the youth.
She noted Minneapolis voted on this issue and it passed to move to the City Council on May 25,
2018.
Ms. Garman introduced the Brooklyns Youth Council (BYC) to come forward and present their
findings on this topic. Femi Akirdumila, President of BYC, Amanda Engeman, Event
Coordinator of BYC, Mosia Vankpanah, Intern for BYC, Marthaiyn Nehwah, Communication
Coordinator for BYC, and Abas Saomahob of BYC, addressed the
05/14/18 -1- DRAFT
Councilmembers/Commissioners and provided a presentation on behalf of the Brooklyn Youth
Council. Their presentation provided an overview of what the BYC does, provided a list of the
businesses they partner with, explained the prevention project they created, provided different
types of tobacco products for the City Council/EDA to look at, and provided a list of
recommendations they would like the City Council/EDA to consider.
The BYC explained that the recommendations are listed in order of most urgent to least urgent,
while noting all of the recommendations are important.
Mayor/President Willson stated he has been in recovery for over 30 years and that shows you can
do anything you put your mind to. He stated the BYC did such a great job on this topic that gun
control and opioid abuse are two items he would like to see them research next. The
Councilmembers/Commissioners echoed Mayor/President Wilison's sentiments and noted how
great of ajob the BYC did on this topic and presentation.
The majority consensus of the City Council/EDA was to continue with the recommendations
provided.
ADJOURNMENT
Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves
seconded adjournment of the City Council/Economic Development Authority Work Session at
9:32 p.m.
Motion passed unanimously.
05/14/18 -2- DRAFT
City Council Agenda Item No. 6b
[EI1IJ[I1 I U I V k7A U'A I Dk74 (I) UI 1IJ I
DATE: May 24, 2018
TO: Curt Boganey, City Manm
THROUGH: Reggie Edwards, Deputy City Manager
FROM: Rozlyn Tousignant, Deputy City C1erk'
SUBJECT: Licenses for City Council Approval
Recommendation:
It is recommended that the City Council consider approval of the following licenses on May 29, 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.
AMUSEMENT DEVICE
Theisen Vending Company
dba: Family Dollar Store #5110
Theisen Vending Company
dba: Family Dollar Store #4514
Theisen Vending Company
dba: Jammin Wings
FIREWORKS PERMANENT
American Promotional Events
dba: TNT Fireworks
American Promotional Events
dba: TNT Fireworks
FIREWORKS TEMPORARY
American Promotional Events
dba: TNT Fireworks
2105 57"' Avenue
6211 Brooklyn Blvd
2590 Freeway Blvd
3245 Co Rd No 10
6100 Shingle Creek Parkway
3245 Co Rd No 10
LIOUOR - ON-SALE INTOXICATING & SUNDAY SALES
Topgolf USA 6420 Camden Ave. N
MECHANICAL
Affordable Comfort Mechanical LLC 6510 Hwy 36 Blvd N, Oakdale, MN 55128
dba: Apollo
Air Express Inc. 1010 118 t 'Ave NE, Blaine, MN 55434
App Professional Plumbing 1220 Vernon St., Big Lake, MN 55309
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
[EOiN[iJ I fl V I Mk'A I I ahYA [I] 1i WJ'A I
Dean's Professional Plumbing Inc.
Flare Heating and Air Cond.
Hearth & Home Technology
dba: Fireside Hearth & Home
Joel Smith Heating & A/C
Knight Heating & Air Conditioning, Inc.
Linn Star Logistics LLC
Marsh Heating & A/C
Mechanical Air Systems
RHL, Inc.
River City Sheet Metal Inc.
dba: River City Furnace
Vector Services
RENTAL
See attached report.
SIGN HANGER
A-Sign and Screen Printing CO
DeMars Sign Inc
Walker Sign Holding Inc.
7400 Kirkwood Ct. N, Maple Grove, MN 55369
9303 Plymouth Ave N, Suite #104, Golden valley, MN 55427
215th St W., Lakeville, MN 55044
13915 Lincoln St NE Ste B, Ham Lake, MN 55304
13535 89th Street NE, Elk River, MN 55330
9440 Wright Bros Ct SW, Cedar Rapids, IA 52404
6248 Lakeland Ave N, Brooklyn Park, MN 55428
6995 20t1i Ave S, Centerville, MN 55038
25113 21st Ave, St. Cloud, MN 56301
8290 Main St NE, Suite 39, Fridley, MN 55432
712 Vista Blvd Suite 102, Waconia, MN 55387
708 Lowry Ave N, Minneapolis, MN 55411
410 93id Ave NW, Coon Rapids, MN 55433
945 Pierce Butler Route, St. Paul, MN 55104
TRANSIENT ACCOMMODATIONS - LEVEL 1
Country Inn & Suites 2550 Freeway Blvd
DoubleTree by Hilton Minneapolis North 2200 Freeway Blvd
Our Vision: JVe envision Brooklyn Center as a thriving, diverse coinnumity with afull 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
[i[IiIJ[* I I 3k'A L' IDk' (I) tUI tlIJh'A I
Rental License Category Criteria Policy - Adopted by City Council 03-08-10
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type 1 - 3 Year 1-2 units 0-1
3+ units 0-0.75
Type II —2 Year 1-2 units Greater than 1 but not more than 4
3+ units Greater than 0.75 but not more than 1.5
Type III - 1 Year 1-2 units Greater than 4 but not more than 8
3+ units Greater than 1.5 but not more than 3
Type IV - 6 Months 1-2 units Greater than 8
3+ units Greater than 3
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit/Year
No Category 1-2 0-1
Impact 3-4 units 0-0.25
or more units 0-0.35
Decrease 1 1-2 Greater than 1 but not more than 3
Category 3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1-2 Greater than 3
Categories 3-4 units Greater than 1
5 or more units Greater than 0.50
Budget Issues:
There are no budget issues to consider.
Our Vision: IVe envision Brooklyn center as a thriving, diverse community with afull range of housing, business, cultural and
recreational offerings. I/isa 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
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City Council Agenda Item No. 6c
[EI1Ik'(iJ I Ni I MA L'A I k'A (I) 1I P1SJ'A I
DATE:May 29, 2018
TO:Curt Boganey, City Man
FROM:Nathan Reinhardt, Finance Director
SUBJECT: Resolution Approving Wells Fargo as the City's Custodian for Investment
Securities
Recommendation:
It is recommended that the City Council consider adoption of a resolution approving Wells Fargo
as the City's Custodian for investment securities.
Background:
It is the City's practice, as directed by City Council Policy 2.80, to review financial services
provided by outside professional organizations every six years. The adopted schedule indicates
that custody/trust banking services should be reviewed through the Request for Proposals (RFP)
process. The City's custody/trust banking services are currently being provided by Wells Fargo.
The goal of this process is to maintain a proper balance between cost and quality of service.
The City currently utilizes a custody account to hold City investments in one single location
which simplifies the reporting, tracking and buying/selling of these investments. The City
received two proposals for these services from Wells Fargo and from U.S. Bank. The proposals
were reviewed using the factors specified in the REP including comprehensive ability to provide
services, experience of providing the services, pricing for services, online account access system,
financial strength of the organization, disaster recovery planning and informational reporting.
The results of the review were very close between the two proposals received. The
recommendation from the review committee is to continue with the current service provided,
Wells Fargo. The City currently has a good working relationship with the staff from Wells
Fargo, are familiar with the process, reporting and additionally Wells Fargo was the low cost
bidder.
Budget Issues:
The cost for the service was $9,039 in 2017. Fees for the service are based on volume of
transactions and value of investments held in the custody account. The fees of the proposal
cannot be adjusted for a period of three years. The estimated annual fee for the next three years
with Wells Fargo is $6,550 - $9,550 in comparison to U.S. Bank's proposed estimated fee of
$7,500 to $10,250. We anticipate a small incremental savings from our current fee structure.
Strategic Priorities:
e Safe, Secure, Stable Community
Our Vision: We envision Brooklyn center as a thriving, diverse community with afull 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
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING WELLS FARGO AS THE CITY'S CUSTODIAN
FOR INVESTMENT SECURITIES
WHEREAS, the City Council Code of Policies Section 2.80 requires that the
City solicit proposals for custodial of investment securities no less frequently than every six
years; and
WHEREAS, proposals were solicited in April 2018 through a Request for
Proposals (RFP) for Custody/Trust Banking Services approved by the City Council on March 12,
2018; and
WHEREAS, the City received two proposals from professional firms providing
such services; and
WHEREAS, a Committee in accordance with the Code of Policies Section 2.80
has reviewed the proposals, and recommended award of the contract to Wells Fargo; and
WHEREAS the City Manager recommends to the City Council the award of the
contract to Wells Fargo.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Wells Fargo be awarded the contract for the insurance agent of record.
May 29, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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Institutional Retirement and Trust
Rob Kent, Vice President, Sales Director
7500 college Boulevard, Suite 250
Overland Park, KS 66210
(913) 234-2929
robert.j.kent@wellsfargo.com
April 27, 2018
Nathan Reinhardt, Finance Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota, 55430-2199
Re: Proposal to provide Custody Services for the City of Brooklyn Center
Dear Nathan:
On behalf of Wells Fargo Bank Institutional Retirement and Trust, I am pleased to submit to you our proposal
to continue to provide custody services for the City of Brooklyn Center. We highly value our 20 year
relationship with the city and welcome this opportunity to demonstrate the value of renewing your
partnership with Wells Fargo.
Wells Fargo has been in the business of protecting the assets of its clients for 166 years. Since the evolution of
the Master Trust/Custody concept, we have continued to fashion our capabilities to meet the expanding needs
of our clients. As an example, Wells Fargo has, for the past several years, focused significant attention on the
development and deployment of the industry's most robust information delivery system via our Internet
portal, Commercial Electronic Office® (CEO®). In recognition of the strength of our CEO, it has been
identified as the best commercial banking website in each of the last four years.
A distinguishing factor of Wells Fargo's Institutional Retirement and Trust Division is our commitment to the
corporate philosophy of building relationships with our clients. This commitment takes many forms, the key
being our commitment to work as an extension of our client's staff. In so doing, we are able to anticipate client
and market needs and deliver solutions to meet those needs. One of the greatest reflections of our
commitment to providing outstanding service to clients occurs when one of our clients agrees to become a
reference to talk with other prospects about our products and dedication to service.
We look forward to having the opportunity to continue to assist you throughout your search and stand ready
to answer any questions that may arise. Please feel free to contact us directly.
Thank you for your consideration.
Sincerely,
A
Rob Kent
Vice President, Sales Director
Wells Fargo Institutional Retirement & Trust
(913) 234-2929
*Global Finance magazine named Wells Fargo: Best Corporate/Institutional Internet Bank, Best Investment Management Services,
Best Trade Finance Services, Best Integrated Corporate Banking Site, Best Information Security Initiatives, Best in Mobile Banking,
Best Web Site Design and Best in Social Media for 2016.
Together we'll go far
City Council Agenda IJitem No. 6d
DATE: May 22, 2018
TO: Curt Boganey, City Mar2
THROUGH:'Tote, P.E., Director of Public Works
FROM: Mike Albers, P.E., City Engineer
SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Project
Nos. 2015.-05, 06, 07 and 08, 63 rd Avenue Street and Utility Improvements
Recommendation:
It is recommended that the City Council approve the resolution accepting work performed and
authorizing final payment, Improvement Project Nos. 2015-05, 06, 07 and 08, 63rd Avenue Street
and Utility Improvements.
Background:
On May 11, 2015, the City Council awarded Improvement Project Nos. 2015-05, 06, 07 and 08
to Ryan Contracting Company of Elko, Minnesota for the construction of the 63 d Avenue Street
and Utility Improvements. Ryan Contracting Company has successfully completed the
construction work for the project.
Budget Issues:
The original contract amount with Ryan Contracting Company for the project improvements was
$4,214,741. The total value of work certified for final payment is $4,101,744.34. The total
project cost including contingencies/administration/engineering/legal is $4,793,481.11 and was
completed 3.1 percent under budget in the amount of $155,259.89. The attached resolution
provides a summary of the final amended costs and funding sources for the project.
Strategic Priorities:
e Key Transportation Investments
Our Vision: We envision Brooklyn Center as a thriving, diverse comm unity with afull range of/mousing, 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
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING
FINAL PAYMENT, PROJECT NOS. 2015-05, 06, 07 AND 08, 63' AVENUE
STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, Ryan Contracting Company of Elko, Minnesota has completed the following
improvements in accordance with said contract:
Improvement Project Nos. 2015-05, 06, 07 and 08, 63 id Avenue Street and Utility
Improvements
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
Final payment shall be made on Improvement Project Nos. 2015-05, 06,
07 and 08, 63' Avenue Street and Utility Improvements, taking the
contractor's receipt in full. The total amount to be paid for said
improvements under said contract shall be $4,101,744.34.
2. The estimated project costs and revenues are hereby amended as follows:
COSTS As Original Award As Final
Contract $4,214,741.00 $ 4,101,744.34
Lighting $ 36,000.00 $ 3,835.00
Contingency $ 105,000.00 $ 43,470.45
Subtotal Construction Cost $4,355,741.00 $ 4,149,049.79
AdrninfLegal!Engr. $ 593,000.00 $ 644,431.32
Total Estimated Project Cost $4,948,741.00 $ 4,793,481.11
RESOLUTION NO.
REVENUES As Original Award As Final
Street Assessment $272,294.46 $272,294.46
Storm Drainage Assessment $80,521.84 $80,521.84
Sanitary Sewer Utility $550,185.00 $516,002.17
Water Utility Fund $890,027.00 $869,932.32
Storm Drainage Utility Fund $416,968.16 $414,075.69
Street Light Utility $36,000.00 $8,346.02
Municipal Sate Aid (MSA)$2,682,194.54 $2,598,510.21
CenterPoint Energy $20,550.00 $-0-
Met Council I&I Grant $-0-$33,798.40
Total Estimated Revenue $4,948,741.00 $4,793,481.11
May 29, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6e
Ii[IiPJ[*IflVi k'AL'A I Dk'4 [I] 1I IiIkI
DATE: May 22,2018
TO: Curt Boganey, City Mane
FROM: 10(an M. Cote, Director of Public Works
SUBJECT: Resolution Approving Change Order No. 2 and Accepting Work Performed and
Authorizing Final Payment, Project No. 2014-05, Water Treatment Plant Project
Recommendation:
It is recommended that the City Council approve the resolution approving Change Order No. 2,
accepting work performed and authorizing final payment, Improvement Project No. 2014-05,
Water Treatment Plant Project.
Background:
On September 22, 2014, the City Council awarded Project Improvement 2014-05 to Knutson
Construction Services of Minneapolis, Minnesota for construction of the Water Treatment Plant
Improvements. Knutson Construction Services has successfully completed the construction work
and is requesting final payment for the project.
Budget Issues:
The original contract amount with Knutson Construction Services for the project improvements
was $18,066,120.50. Change Order No. 1 in the amount of $114,727.00 was approved by the
City Council in February, 2017. Change Order No. 2 was presented to the City Council in June,
2017 but it was not formally approved. Change Order No. 2 in the amount of $202,341.52 is
slightly less than was previously presented to the City Council. The total value of work certified
for final payment is $18,383,189.02. The total project cost including
contingencies/administration/engineering/legal is $20,136,090.34 and was completed 0.78
percent over budget in the amount of $155,737.84. The attached resolution provides a summary
of the final amended costs and funding sources for the project.
Strategic Priorities:
• Safe, Secure, Stable Community
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
PMember introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 2 AND ACCEPTING
WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT
NO. 2014-05, WATER TREATMENT PLANT PROJECT
WHEREAS, pursuant to a written Contract signed with the City of Brooklyn
Center, Minnesota, Knutson Construction Services of Minneapolis, Minnesota,
was instructed to complete additional work as itemized on Change Order No. 2 for Improvement
No. 2014-05; and
WHEREAS, said additional work was not included in the original Contract, but
was deemed necessary to properly complete the improvements; and
WHEREAS, pursuant to a written Contract signed with the City of Brooklyn
Center, Minnesota, Knutson Construction Services of Minneapolis, has completed the following
improvements in accordance with said Contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1.Change Order No. 2 in the amount of $202,341.52 for Improvement No.
2014-05 is hereby approved.
2.Final payment shall be made on Improvement Project No. 2014-05, Water
Treatment Plant Project, taking the contractor's receipt in full. The total
amount to be paid for said improvements under said Contract shall be
$18,383,189.02.
3. The estimated project costs and revenues are hereby amended as follows:
CflSTS
Contract
Change Order 1
Change Order 2
Total Revised Contract
Contingency
Engineering (Bolton & Menk)
MCES SAC
Other Admin/LeaallEnar.
Total Estimated Project Cost
As Original Award As Final
$18,066,120.50 $18,066,120.50
$ 114,727.00
$ 202,341.52
$18,066,120.50 $18,383,189.02
$ 500,000.00 $ 208,390,68
$ 1,131,500.00 $ 1,263,090.08
$ 132,732.00 $ 141,645.00
$ 150,000.00 $ 139,775.56
$19,980,352.50 $20,136,090.34
RESOLUTION NO.
REVENUES
PFA Loan
Water Fund Operating Budget (SCADA)
San. Fund Operating Budget (SCADA)
Sales Tax Capital Refund
CenterPoint Energy Rebates
Xcel Energy Rebates
Miscellaneous Reimbursements
Total Estimated Revenues
As Original Award As Final
$19,662,352.50 $19,622,797.74
$ 34,000.00 $39,163.40
$ 34,000.00 $34,000.00
$ 250,000.00 $243,160.70
$2,500.00
$51,485.00
$142,983.50
$19,980,352.50 $20,136,090.34
May 29, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Real People. Real Solutions.
12224 Nicoftet Avenue
Burnsville, MN 55337-1649
Ph: 19521 890-0509
Fax: 1952) 890-8065
Bolton-Menkcom
May 21, 2018
Via Email
Doran Cote
Public Works Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Application for Payment No. 22 - Final
Water Treatment Facilities
Dear Doran,
Enclosed are the following items for the Brooklyn Center Water Treatment Facility contract with Knutson
Construction, Inc.:
• Final Pay Request No. 22
• Lien Waivers
• IC 134's
• Consent of Surety
• Change Order No. 1
• Change Order No. 2 - Final Change Order
Change Order No. 1 is for modifications to the viewing chamber that were previously approved by the
City Council but an official Change Order was not processed with the contractor. Change Order No. 2
balances out the final project cost to account for allowances and unit price work. The final pay request is
in the amount of $104,855.24 which includes the balance of retainage being held from the contractor. I
have reviewed the final pay request and would recommend final payment to Knutson Construction, Inc.
for the requested amount to close out the contract.
I also wanted to call your attention to the list of completion and warranty dates that are included in
Change Order No. 2. The initial Substantial Completion Date for the project was on January 21, 2016
with the 2-year warranty period expiring on January 21, 2018. Several major modifications to the Facility
were made after the initial Substantial Completion Date and therefore these items have a separate
warranty period which are listed in Change Order No. 2.
G,\Brooklyn Center\Brookyn Center\N21.107570\8Constroction_Phase\Payment Requests\Pay Request No. 22 - Fhsat\Pay App 22-FinaLdocx
Boon & Menk is on
Name: Doran Cote
Date: May 2l,2018
Page: 2
Following the City Council's approval of the Final Pay Request and Change Orders No. 1 and No. 2,
please return a signed copy to me. Upon my receipt of the executed documents I will submit the final
paperwork to the Public Facilities Authority for closeout of the project loan.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Bolton & Menk, Inc.
-
Brian J. Guldan, P.E.
Environmental Project Engineer
Enclosures
cc: Michael Marsh, City of Brooklyn Center
Michael Weber, City of Brooklyn Center
Seth Peterson, Bolton and Menk, Inc.
G:\Brooklyn Ceuter\Brooklyu Ceuter\N21.107570\8Coustructtou3hase\Payment Requests\Pay Request No. 22 - Fival\Pay App 22-FivaT.docx
Bolton & Meek is an eqial opporiurIyernetoyer.
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SECTION 00991 - CHANGE ORDER
(Instructions on reverse side)
No. 1
PROJECT: Water Treatment Facilities
DATE OF ISSUANCE: May 29, 2018 EFFECTIVE DATE: May 29, 2018
OWNER: City of Brooklyn Center
ENGINEER'S Project No.: N21.107570
CONTRACTOR: Knutson Construction ENGINEER: Bolton and Menk, Inc.
You are directed to make the following changes in the Contract Documents.
Description:
Modify the viewing chamber with the addition of a 16" overflow pipe, combination air pressure/vacuum relief disc,
bypass piping, and valves per Proposal Request 62. Changes to Contract Times as presented in this change order
shall apply only to work described herein.
Reason for Change Order:
See attached Proposal Request 62
Attachments: (List documents supporting change)
Proposal Request 62
Knutson Construction Services, Inc. Change Order Request :PCO 118 PR 62 Viewing Well Modifications
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Net changes from previous Change Orders No. NA to No. NA
Price Prior to this Change Order
$18,066,120.50
Net Increase of this
$1i4,7
Contract
Substantial Completion :January 12, 2016
Ready for final payment July 14, 2016
Contract limes prior to this Change Order
Substantial Completion :January 12, 2016
Ready for final oavment : July 14. 2016
Contract Times with all approved Change Orders
Substantial Completion :,June 30, 2017
Ready for final payment June 30. 2017
RECOMMENDED:
By:
Engineer (uthorded Signature)
Date: May 7.2018
APPROVED:
By:
Owner (Authorized Signature)
ACCEPTED:
I1
By:_______ J7Ll4& LL
Coni C.tor (Authorized signature)
5/16/2018
EJCDC No. 191008-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
N21.107570 - Water Treatment Facilities CHANGE ORDER
Brooklyn Center, MN PAGE 00991-1
CHANGE ORDER
INSTRUCTIONS
A.GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated
into a subsequent Change Order if they affect Contract Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating change order items to reduce the administrative burden may lead to unnecessary
disputes.
If Milestones have been listed, any effect of a Change Order thereon should be addressed.
For supplemental instructions and monitor changes not involving a change in the Contract Price or Contract
Times, a Field Order may be used.
B.COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form, including a description of the changes involved and attachment based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After
approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of
executed copies after approval by Owner.
If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not
apply.
N21.107570 - Water Treatment Facilities CHANGE ORDER
Brooklyn Center, MN PAGE 00991-2
Steve Lillehaug, City of Brooklyn Center
Proposal Request Mike Marsh, City of Brooklyn Center
Jens Frederickson, Knutson Construction
Brian Guldan, Bolton & Merik, Inc.
Seth Peterson, Bolton & Menk, Inc.
PROJECT: Water Treatment Improvements
Brooklyn Center, Minnesota
OWNER: City of Brooklyn Center, MN
TO: (CONTRACTOR)
Knutson Construction
7515 Wayzata Boulevard
Minneapolis, MN 55426
PROPOSAL REQUEST NO: 62
DATE: October 12, 2016
ENGINEER'S PROJECT NO: N21.107570
CONTRACT DATED: September 8, 2014
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental
to proposed modifications to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
Description:
Modify the process piping in the viewing chamber as shown on the attached sheet 1. Work to
include the following;
- Reinstall existing stainless steel pipe at revised elevation with new 30" diameter stainless
steel plate.
- Provide 16" overflow pipe into west clearwell.
- Modify process piping and provide three additional butterfly valves for viewing chamber
bypass. Butterfly vales to be narrow body or wide body as shown on the plan.
Paint all piping (including stainless steel piping) prior to installation per the
specifications. Top 12" of inside of 24" stainless steel pipe shall also be painted.
- Provide touchup painting and painting of bolts and anchor rods after installation.
- Clean and repaint walls of viewing chamber for existing painted surfaces (interior and
exterior).
- Install 6" stainless steel vent with rupture disc.
- Provide additional soft gasketing at dome to ensure air tight seal.
- Secure dome to viewing chamber wall with fourteen (14) stainless steel toggle clamps,
Model Destaco 331-SS or equal at existing anchor holes in dome frame.
- Chlorinate and bacteria test viewing chamber and west clearwell per AWWA standards.
Attachments:
Sheet 1 dated 10-11-16
ENGINEER: Brian J. Guldan, P.E. DATE: October 12, 2016
SECTION 00991 - CHANGE ORDER
(Instructions on reverse side) No. 2 - Final
PROJECT: Water Treatment Facilities
DATE OF ISSUANCE: May 29, 2018 EFFECTIVE DATE: May 29, 2018
Description:
Increase final contract amount by $202,341.52 and establish final warranty periods.
Reason for Change Order:
Final Project Change Order to rectify project allowance and unit price work costs.
Attachments: (List documents supporting change)
Schedule B Unit Price Work - Final Values
Final Project Change Summary Dated May 7, 2018
Schedule of Allowances/Values
Substantial Completion and Warranty Dates
CHANGE IN CONTRACT PRICE:
Original Contract Price
$18,066,120.50
Net changes from previous Change Orders No. 1 to No. 1
$114,727.00
Contract Price Prior to this Change Order
$18,180,847.50
Net Increase of this Change Order
$202,341.52
Contract Price with all approved Change Orders
CHANGE IN CONTRACT TIMES:
Original Contract Times
Substantial Completion :January 12. 2016
Ready for final payment July 14,2016
Contract Times prior to this Change Order
Substantial Completion :,June 30, 2017
Ready for final payment June 30, 2017
Contract Times with all approved Change Orders
Substantial Completion April 16, 2018
Ready for final payment :May 18, 2018
RECOMMENDED:
B y :
Engineer uthoried Signature)
Date: May 7, 2018
APPROVED:
By:
Owner (Authorized Signature)
ACCEPTED:
By:
Conlra..,or (Authorized Signature)
Date: 5/16/2018
EJCDC No. 1910c8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
N21.107570 - Water Treatment Facilities CHANGE ORDER
Brooklyn Center, MN PAGE 00991-1
CHANGE ORDER
INSTRUCTIONS
A.GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated
into a subsequent Change Order if they affect Contract Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating change order items to reduce the administrative burden may lead to unnecessary
disputes.
If Milestones have been listed, any effect of a Change Order thereon should be addressed.
For supplemental instructions and monitor changes not involving a change in the Contract Price or Contract
Times, a Field Order may be used.
B.COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form, including a description of the changes involved and attachment based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After
approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of
executed copies after approval by Owner.
If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not
apply.
N21.107570 - Water Treatment Facilities CHANGE ORDER
Brooklyn Center, I4N PAGE 00991-2
City Council Agenda Item No. 6f
11I UUYA
DATE: May 22, 2018
TO: Curt Boganey, City Mana ,
THROUGH:
P06,11
Cote, P.E., Director of Public Works
FROM: Mike Albers, P.E., City Engineer
SUBJECT: Resolution Establishing Improvement Project Nos. 2019-01, 02, 03 and 04,
Interstate Area Street and Utility Improvements
Recommendation:
It is recommended that the City Council approves the resolution establishing Improvement
Project Nos. 2019-01, 02, 03 and 04, Interstate Area Street and Utility Improvements.
Background:
In 2019, the City will be entering the 26th year of its long-range street and utility rehabilitation
program, referred to as the Neighborhood Street and Utility Improvement Program. The program
has consisted of a systematic rehabilitation and/or replacement of the City's aging infrastructure.
This program has included the reconstruction of public streets, replacement of deteriorating
water and sanitary sewer facilities and the construction of new storm sewer and drainage
facilities. In addition, other neighborhood improvements are often considered as part of the
projects, including park and lighting improvements, landscape improvements and traffic control
improvements.
In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the
Interstate Area is programmed for improvements in 2019 (see attached map for specific street
locations). At this time, staff requests that the City Council establish this street and utility
improvement project so investigative engineering work may begin.
The Interstate Area Street and Utility Improvements project area consists of approximately 3.3
miles of streets and utilities. The area consists of approximately 235 residential properties (Ri).
The project is expected to include complete replacement of existing water main, complete
replacement of existing sanitary sewer and replacement of a majority of the storm drainage
systems in the project area.
Typically, in order for a project to be completed within a specified calendar year, preliminary
design must commence almost one year in advance. This includes initiation of the public
notification and participation process that consists of informing affected property owners;
conducting field surveys; at least one public informational meeting; and an extensive amount of
information and data collection.
Our Vision: We envision Brooklyn Center as ci thriving, diverse community with afull 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
kI]JJ[* I U I V k'4 U I alk"A 0] 1II I1Sk'A I
Initial design also includes detailed technical engineering work, underground infrastructure
inspections and assessments and soil/geotechnical investigations. Upon authorization by the City
Council the following actions would take place:
Collect data, including field surveys, review traffic counts and review maintenance
records.
Evaluate project in accordance with the City's Complete Streets Policy..
Conduct storm sewer system and water main distribution system analyses.
Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical
investigations.
Conduct a public informational meeting in the fall of 2018 to present initial findings to
the neighborhood and to gauge public interest in the improvement project.
Prepare a feasibility report for review by the City Council. The City Council could then
consider setting a date for a project hearing.
To date, the City has completed 92.6 miles of local street and utility reconstruction since
initiating the Neighborhood Street and Utility Improvement Program. This represents
approximately 88 percent of the total local roadways within Brooklyn Center.
Budget Issues:
The Interstate Area Street and Utility Improvements project is identified in the City's CIP with a
preliminary project cost estimate of $11,420,000. The estimated cost for preliminary field work,
preparation of a project feasibility report and design is $265,000.
Strategic Priorities:
Key Transportation Investments
Our Vision: JVe ern'ision Brooklyn Center as a thriving, diverse community with aft/I 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
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2019-01,
02, 03 AND 04, INTERSTATE AREA STREET AND UTILITY
IMPROVEMENTS
WHEREAS, the City's Capital Improvement Program identifies specific streets
for proposed infrastructure improvements in 2019; and
WHEREAS, the City Council has reviewed the scope of proposed improvements
for the Interstate Area; and
WHEREAS, the City Council desires to begin the process of information
gathering and solicitation of public comments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1.Improvement Project Nos. 2019-01, 02, 03 and 04, Interstate Area Street
and Utility Improvements are hereby established.
2.Staff is directed to begin field work, contact property owners in the
neighborhood to obtain comments and input and hold public informational
meetings for property owners in the neighborhood where improvements
are proposed.
3.The City Engineer shall prepare a project feasibility report for review by
the City Council in the fall of 2018.
4.Estimated project costs for preliminary field work, geotechnical
investigations and sewer televising costs are as follows:
COST AMOUNT
Preliminary Design and Plan Prep.$150,000
Televising $ 7,000
Field Survey $ 45,000
Geotechnical Investigation $ 25,000
Storm Sewer system analysis $ 29,000
Watermain system analyses $ 9,000
Estimated Costs Total $265,000
RESOLUTION NO.
REVENUES
Sanitary Sewer Utility Fund
Water Utility Fund
Storm Sewer Utility Fund
Street Reconstruction Fund
Estimated Revenues Total
AMOUNT
$ 45,000
$ 60,000
$ 40,000
$120,000
$265,000
May 29, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Interstate Area Improvements 2019
The Interstate project area extends from Interstate 94 to 59th Avenue and
7ESTAf
from Dupont Avenue to Lyndale Avenue. The total project length is
17,343-feet. The neighborhood consists of approximately 235 residential
properties (RI).
Streets
The majority of the streets in the project area were originally constructed in
1968 and 1969. Existing streets are generally 30-feet wide with concrete
curb and gutter. The street pavement is showing signs of distress
throughout most of the neighborhood. Proposed street improvements
consist of the replacement of curb and gutter as necessary and placement of
bituminous street pavement.
Water main
The existing water main in the project area consists of 6-inch and 8-inch
diameter CIP installed in 1969. Colfax Avenue contains a 24-inch steel I
water main installed in 1964. A majority of the existing water main is believed to have a cement based
internal liner. Water records indicate one main break has occurred within the neighborhood and three
properties have experienced frozen water service in past winters. In 2019, the water main system will be in
service for 50 to 55 years. Cast iron water main is highly vulnerable to leaks and breaks when disturbed by
replacement of adjacent sanitary sewer. The current project estimate assumes complete replacement of the
water main to facilitate the sanitary sewer replacement noted below.
Sanitary Sewer
The sanitary sewer in the project area consists of 8-inch diameter VCP installed in 1960. Approximately 95
percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be
performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary
sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes
and access structures are proposed as part of the project.
Storm Sewer
A majority of the storm water runoff from the project area is collected in the existing storm sewer system
and conveyed to the storm trunk line on 59th Avenue and then to the Mississippi River. The trunk storm
sewer along 59 t "Avenue and an in-line water quality treatment device was installed in 2009 as part of the
Aldrich Neighborhood Street and Utility Improvement project. The current project cost estimate assumes
complete reconstruction of the storm drainage system within the neighborhood due to the need to increased
capacity of local storm sewers and the expansion of the system to address minor local flooding issues.
Street Lighting
The existing street light system is overhead power, with wood poles and a cobra head light fixture. The
current cost estimate includes replacing the 15 wood poles with 15 fiberglass poles with a cut-off type LED
light fixture and underground power.
Project Summaries P a g e 117
2018-2032 Capital Improvement
City Council Agenda Item No. 6g
[IiSJ[i1:I flhiMUiIO]t1UhIJl
DATE: May 2l,2018
TO: Curt Boganey, City Man
THROUGH: Reggie Edwards, Deputy City Manag er
Kelli Wick, HR Director ' XAW
SUBJECT: Resolution Authorizing the Exchange of One Personal Floating Holiday for the
Monday Preceding the 2018 Christmas Day Holiday for City Employees.
Recommendation:
It is recommended that the City Council consider approval of a resolution authorizing the
exchange of one personal floating holiday for the Monday preceding the 2018 Christmas Day
Holiday for City Employees.
Background:
Section 8.1 states two personal floating holidays are available each year to City employees to be
taken at the employee's discretion.
Since the 2018 Christmas Day holiday falls on a Tuesday, employees have requested that they be
allowed to exchange one personal floating holiday for the Monday preceding the 2018 Christmas
Day holiday. Historically, city offices are closed at Noon on December 24. Employees who are
working are required to use vacation or other approved leave time for the afternoon.
The City surveyed City employees asking if they would be interested in using a personal floating
holiday on Monday, December 24, 2018 so that City offices could be closed all day. 68.97% of
employees who responded to the survey replied yes.
It is recommended that the City Council authorize the exchange of one personal floating holiday
for the Monday preceding the 2018 Christmas Day holiday for City employees for 2018 only.
Budget Issues:
There are no budget issues to consider.
Our J'j.Oo;i: JVI , elivisiol? Brook/vu Center as a thriving. ilive,ve coin nina/tv with a/i1/ range of/ions/ag, bi,siiiecs, cultural and
ro creationa l 0/lu lR5 ii is a s(^Ie. and viiiun Ph ice that 1? o)lt all age s love to evil /10/Ui a ic visi tors e n i ov (lif e 10 1
ctalvenhini both toil and coiniiiiinienf to a heaiiln; environment
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXCHANGE OF ONE PERSONAL
FLOATING HOLIDAY FOR THE MONDAY PRECEDING THE 2018
CHRISTMAS DAY HOLIDAY FOR CITY EMPLOYEES
WHEREAS, on May 14, 2018, the Council adopted the City's Personnel Rules and
Regulations by Resolution No. 2018-101; and
WHEREAS, Section 8.1 states two personal floating holidays are available each year
to City employees; and
WHEREAS, it is the desire of the City employees to exchange one personal floating
holiday for the Monday preceding the Christmas Day Holiday (Monday, December 24, 2018) for
2018 only; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to authorize the exchange of one personal floating holiday for the Monday
preceding the 2018 Christmas Day Holiday for City employees.
May 29, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 9a
DATE: May 29, 2018
TO: Curt Boganey, City Man 9PA
THROUGH: Meg Beekman, Community Development Director A7
FROM: Ginny McIntosh, City Planner/Zoning Administrator
SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission
Application No. 2018-006 Submitted by Alan Milavetz of Milavetz, Gallop &
Milavetz, Requesting Site and Building Plan Approval for a 1,222-Square Foot
Addition onto an Existing Office Building, Parking Lot Expansion, and
Consideration of a Request to Combine Two Adjacent Common-Owned Lots
(Located at 1915 57 1h Avenue North and 2001 57th 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. 2018-006, submitted by Alan Milavetz of Milavetz, Gallop & Milavetz, requesting approval of a
site and building plan for a 1,222-square foot building addition, parking lot expansion, and
consideration of a request to combine two adjacent, common-owned lots through the Hennepin
County tax parcel combination process for the properties located at 1915 and 2001 57th Avenue
North.
Approval is subject to the Applicant/Property Owner complying with the conditions outlined in the
considerations and conditions of the proposed City Council Resolution dated May 29, 2018
(attached).
Background:
The existing Milavetz, Gallop & Milavetz office building, located at 1915 57th Avenue North, was
constructed around 1966, and is located on approximately 1.02 acres when considering the property
on which it sits and the adjacent lot to the west (2001 57th Avenue North), which is vacant, and
under common ownership with 1915 57"'Avenue North.
Per Section 35-540 (Combination of Land Parcels) of the City's Zoning Ordinance, "Multiple
parcels of land which are contiguous and adjacent and which are proposed to serve a single
development use and which are under common ownership shall be combined into a single parcel
through platting or registered land survey,"
As the proposed 1,222-square foot building addition and parking lot expansion would be unable to
proceed without City approval and a consolidation of the aforementioned two properties (1915 and
2001 57th Avenue North), the Applicant and City staff determined that the request to proceed through
the Hennepin County tax parcel combination process be considered as part of the City submittal and
ultimately outlined as a condition of any approval of the proposed building addition and parking lot
expansion.
Our Vision. We envision Broolcb'n Center as a thriving diverse community with afull range of housing. business, cultural and
recreational oifeuings. ft is a safe and inclusive place that people of all ages love to call home, and visitors enjoy clue to its
convenient location and commitment to a healthy environment
COUNCIL ITEM MEMORANDUM
On May 17, 2018, the Planning Commission reviewed Application No. 2018-006, submitted by Alan
Milavetz of Milavetz, Gallop & Milavetz, for the requested approval of a site and building plan for
the 1,222-square foot building addition, which is intended to provide an ADA-accessible route via a
lift system, an expansion to the parking lot, and a request to combine the two adjacent lots through
the Hennepin County tax parcel combination process. As site and building plan 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 project architect Charles Levin, who was in attendance on the behalf of Applicant Alan Milavetz.
The Planning Commission dedicated additional discussion to proposed condition 6.c (Facilities and
Eqziiinent), which initially noted that the "Applicant shall comply with the special requirements for
C2-zoned properties as identified under Section 35-4 12 of the Zoning Ordinance, including screening
requirements." This requirement is specifically required for those C2-zoned properties that abut Ri,
R2, and R3-zoned properties. As the Subject Property abuts RI-zoned properties to the south, this
requirement applies. Approval of the screening device must be approved by the City Council as
being "in harmony with the residential neighborhood and providing sufficient screening of the
commercial area."
Given that the southern portion of the Subject Property's lot line features mature trees, and in
consideration of the fact that the addition of the as-proposed eight (8) foot opaque fence would result
in a mix of multiple fence types (e.g., 8-foot opaque fence on Subject Property, 6-foot chain-link
fence on adjacent O'Reilly's/Family Dollar property, multi-height wood fence along Super America
property), the Commissioners requested that any approval provide language that would allow for an
alternative, and more aesthetically pleasing form of screening, such as landscaping. As the existing
office building has existed since the 1960s and without the required opaque fencing or wall, the
Commissioners noted that the addition of an eight foot opaque fence might not be accepted by the
residents to the south.
Following the discussion, the Planning Commission voted unanimously (6-0) in favor of the
requested approval of the site and building plan and request to proceed through the Hennepin County
tax parcel combination process, subject to City staff working with the Applicant to amend the
language of condition 6.c.
Attached for your review are copies of the Planning Commission Staff Report and exhibits dated
May 17, 2018, and a draft copy of the Council resolution.
Budget Issues:
There are no budget issues to consider,
Strategic Priorities:
o Targeted Redevelopment
Our I7sion: We envision Broolclvn Center as a thriving, diverse community with afull lanae of housing, business, cultural and
recreational ojferings It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy clime 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 APPLICATION NO. 2018-006 SUBMITTED BY ALAN
MILAVETZ OF MILAVETZ, GALLOP & MILAVETZ, REQUESTING SITE
AND BUILDING PLAN APPROVAL FOR A 1,222-SQUARE FOOT
ADDITION TO AN EXISTING OFFICE BUILDING AND CONSIDERATION
OF A REQUEST TO COMBINE TWO ADJACENT COMMON-OWNED
LOTS (LOCATED AT 1915 57TH AVENUE NORTH AND 200157 TH AVENUE
NORTH)
WHEREAS, Planning Commission Application No. 2018-006 was submitted by
Alan Milavetz of Milavetz, Gallop & Milavetz, requesting consideration of Site and Building
Plan approval for a proposed 1,222-square foot addition to an existing office building; and
WHEREAS, an additional request was made under Planning Commission
Application No. 2018-006 to combine two adjacent, commonly-owned lots located at 1915 57th
Avenue North, legally described as LOT 1, BLOCK 1, SUPERAMERICA 5TH ADDITION,
HENNEPIN COUNTY, MINNESOTA, and 2001 57th Avenue North, legally described as
TRACT C, REGISTERED LAND SURVEY NO. 1114, HENNEPIN COUNY, MINNESOTA,
as the request for approval of the aforementioned building addition and parking lot would
otherwise be impermissible; and
WHEREAS, on May 17, 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 1,222-square foot building addition, parking lot expansion, and request to
combine the two commonly-owned lots through the Hennepin County tax parcel combination
process; 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, Chapter 15 of the City's Platting 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 1,222-square foot building addition, parking lot expansion, and
reuest to combine the two common-owned lots, located at 1915 57th Avenue North and 2001
57 Avenue North, and as comprehended under Planning Application No. 2018-006, 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;
RESOLUTION NO.
B.The improvements and utilization of the property as proposed under the
planned addition to the existing office building and parking lot expansion 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 commercial use;
D.The Site and Building Plan proposal appears to be a good long range use of
the existing site and the proposed addition and parking lot expansion can be
considered an asset to the community, particularly given Milavetz, Gallop
& Milavetz's long-standing relationship to the Subject Property; and
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, does hereby recommend to the City Council that Planning Application No. 2018-006
be approved subject to the following conditions and considerations:
1. Lot Consolidation: The Applicant shall combine the two adjacent, common-owned
properties located at 1915 57th Avenue North (Lot 1, Block 1, Superamerica 5th Addition)
and 2001 57th Avenue North (Tract C, Registered Land Survey No. 1114, Hennepin
County, Minnesota). As such, approval of the Site and Building plan is contingent upon
the Applicant submitting all required items to Hennepin County for review and
consideration of the requested tax parcel combination.
a.Once combined, these lots may not be separated without approval of a
subdivision request as provided under Chapter 15 (Platting) under the City
Code of Ordinances.
b.The Applicant/Property Owner shall file for tax parcel combination and
receive a determination from Hennepin County prior to release of any
Building Permits by the City.
2. 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
RESOLUTION NO.
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 and circulation is provided for emergency vehicles on the Subject Property.
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.
3. 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
Agreement financial guarantee.
4. Engineering Review:
a.The Applicant agrees to comply with all conditions or provisions noted in the City
Engineer's Review memorandum, dated May 7, 2018 (Exhibit C):
b.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.
5. 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.
6. Facilities and Equipment:
a.Any outside trash disposal facilities 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 and new addition.
c. The Applicant shall comply with the special requirements for C2-zoned properties
as identified under Section 35-412 of the Zoning Ordinance by utilizing a natural
barrier of landscaping to ensure 75-percent opacity year round in lieu of fencing
or a wall.
RESOLUTION NO.
7. Landscaping:
a. An irrigation plan shall be submitted to the City and a system installed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that Planning Commission Application No. 201 80O6, as submitted by Alan
Milavetz of Milavetz, Gallop & Milavetz, requesting approval of a Site and Building Plan for a
1,222-square foot building addition, expansion to the existing parking lot area, and consideration
of a request to combine two adjacent, common-owned lots, and located at 1915 57th Avenue
North and 2001 57th Avenue North, is hereby approved subject to the conditions memorialized
herein.
May 29, 2018
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Planning Commission Report
Meeting Date: May 17, 2018
CE,.
AT THE .CENTER
/ \
• Application Filed: 04/17/2018
• Review Period (60-day) Deadline: 06/16/2018
• Extension Declared: N/A
• Extended Review Period Deadline: N/A
Application No. 2018-006
Applicant: Alan Milavetz (Milavetz, Gallop & Milavetz)
Location: 1915 57th Avenue North and 2001 57 t"Avenue North (Vacant Lot)
Requests: (1) Site and Building Plan Approval, (2) Hennepin County Lot Combination
INTRODUCTION
Alan Milavetz of Milavetz, Gallop & Milavetz ("the Applicant") is requesting consideration and approval
of a Site and Building Plan to construct a small, approximately 1,000-square foot addition onto the west
end of an existing law firm, an expansion to the existing parking lot area, and approval to proceed with
the combining of two adjacent, commonly-owned lots through the Hennepin County combination
process.
The Subject Property, in its entirety, spans approximately 1.02 acres and is comprised of the existing
building, constructed in 1966, and other site improvements, including a ground sign along 57th Avenue
North, an existing parking lot, shed, etc.
As Site and Building Plan Approvals do not require a public hearing, no notice was published in the
Brooklyn Center Sun Post and no notices were mailed.
COMPREHENSIVE PLAN AND ZONING STANDARDS
2030 Land Use Plan: Retail Business (RB) and Office/Service Business (OS)
Neighborhood: Lions
Current Zoning: C2 (Commerce) District
Surrounding Zoning: North: C2 (Commerce) District - EDA of City of Brooklyn Center
East: PUD/C2 (Planned Unit Development-Commerce) District - SuperAmerica
South: Ri (One Family Residence) District
West: C2 (Commerce) District- O'Reilly Auto Parts and Family Dollar
Site Area: Approximately 1.02 Acres
Setback Standards:
The typical minimum building setback requirements for a C2-zoned property are as follows:
Front Yard: 35 feet Rear Yard: 40 feet Side Interior Yard: 10 feet
As proposed, the existing building would remain the same, with the exception of the proposed
approximately 1,222-square foot addition, which would be constructed to the west of the existing
App. No. 2018-006
PC 05/17/2018
Page 1
building. Assuming the Applicant's second request to combine the two adjacent, common-owned
properties through Hennepin County is approved, the addition would have the following setbacks:
Front Yard: 93 feet
Conformity to:
Land Use Plan:
Zoning Ord.:
Subdivision Ord.
Sign Ord.
Rear Yard: 64 feet Side Interior Yard (West): 76 feet
Yes
Yes (C2 District)
Yes - as a note, the 2001 57th Avenue North is a Registered Land Survey,
whereas 1915 57th Avenue North is part of the SuperAmerica 5th addition.
Not under consideration at this time.
Variance Needed
for Request: No
BACKGROUND
Per Hennepin County Records, the Milavetz, Gallop & Milavetz law firm building was constructed around
1966 on the Subject Property known as 1915 57 th Avenue North. The currently vacant property to the
west of this property (known as 2001 57th Avenue North) is under common ownership with the 1915
571h Avenue North property.
The Applicant is requesting approval of a small, 1,222-square foot addition on the west side of the
existing building (located at 1915 57 t Avenue North). The proposed addition would allow the existing
building to become handicap accessible, as access to the building currently is provided by a set of stairs
along the front entrance. As part of the proposal, a lift system would be installed in the new addition to
provide access to the main part of the building.
Given the additional square footage and setbacks proposed, and the Applicant's intent to expand the
parking, the Applicant wishes to combine these two lots through Hennepin County's tax parcel
combination process, as the proposed addition would otherwise be unable to be constructed due to its
proposed proximity to the interior property line.
TAX PARCEL COMBINATION
The Applicant is requesting review and consideration by the City of Brooklyn Center to combine two
adjacent, commonly-owned properties into one parcel, as part of the Applicant's application to
construct a small addition and expand the existing parking lot. It should be noted that the Applicant will
be unable to construct the small building addition and parking expansion without approval of a
combination. Per Section 35-540 (Combination of Land Parcels) of the Zoning Ordinance,
"Multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single
development use and which are under common ownership shall be combined into a single parcel
through platting or registered land survey."
The property identified as 1915 57"'Avenue North is legally described as "Lot 1, Block 1, Superamerica
5th Addition, Hennepin County, Minnesota" and is therefore platted, while the vacant parcel to the west,
identified as 2001 57th Avenue North, and described as, "Tract C, Registered Land Survey No. 1114,
Hennepin County, Minnesota", is not. Per discussions with the City Attorney and Hennepin County
App. No. 2018-006
PC 05/17/2018
Page 2
Registrar of Titles, it was determined that Chapter 15 (Platting) of the City Code does not provide
direction on requests to combine adjacent, commonly-owned property. Rather, Chapter 15 provides
direction on subdivisions of two or more parcels.
While some Twin Cities municipalities have an administrative approval form or application in place (e.g.
Maple Grove, Roseville) for combinations and divisions, the City of Brooklyn Center does not. Per the
Hennepin County requirements for City Approval of a division or combination, the Applicant must obtain
a City Resolution noting approval of the combination request, or a notice from the City that approval is
not required.
Given the intertwining and reliance of the request to combine the properties on the construction of the
small addition near the property line of the adjacent, commonly-owned property, the Applicant and City
staff were in agreeance that the request to consolidate the two properties be brought into the overall
Site and Building Plan approval request.
As part of the request, Walter Hodynsky of Milavetz, Gallop, & Milavetz, provided a memo noting the
proposed request to combine the properties as part of the Site and Building Plan approval request, and
a draft Hennepin County application for review (See Exhibit A).
BUILDING AND SITE PLAN REVIEW
Building
The proposal calls for the construction of an approximately 1,222-square foot addition on the west side
of the existing building located at 1915 57th Avenue North. Copies of the site plan, interior layout, and
3D renderings of the proposed addition are attached hereto as Exhibit B.
Map 1. Subject Property Location-2001 57th Avenue North to the west, 1915 57th Avenue to the east (in red).
App. No. 2018-006
Pc 05/17/2018
Page 3
Although unofficial, the City does reference a set of design guidelines when reviewing site and building
plan applications city-wide. These guidelines are based on the Shingle Creek Crossing Architectural
Design Guidelines, which were approved in 2011. These guidelines strive to have at least 50-percent of
each building face constructed with Class I materials, with the remaining surfaces to be constructed of
Class II materials. Class I and Class II materials include:
Class I materials include: brick or acceptable brick-type material, marble; granite; other natural stone or
acceptable natural looking stone; textured cement stucco; copper; porcelain, glass; architectural
textured concrete pre-cast panels; and other materials including masonry units with enhanced detailing
such as patterns, textures, color, dimension, banding, and brick inlay, as approved by the City Planning
Commission and City Council.
Class II materials include: exposed aggregate concrete panels; burnished concrete block; integral
colored split face (rock face) and exposed aggregate concrete block; cast-in-place concrete; artificial
stucco (e.g., E.I.F.S., Drivit); artificial stone; fiber-reinforced cement board siding with a minimum
thickness of 1/4 inch; canvas or vinyl awnings; prefinished metal; and other materials not listed elsewhere,
as approved by the City Planning Commission and City Council.
Given that the building was initially constructed in the 1966, and the proposal features a minor 1,222-
square foot addition, 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. Per
a discussion with project architect Charles Levin, the Applicant intends to match the proposed addition
with the existing building (comprised of brick and concrete masonry units). The proposed addition (
would feature a brick veneer paired with concrete masonry units (CMU5).
ACCESS AND PARKING
Vehicular Access/Parkirtgi
The Applicant intends to maintain the two existing driveway access points and parking lot located in
front of main entrance to the building along 57th Avenue North. Per the plans submitted and as noted on
Sheet A1.0 (Site Plan), the existing parking lot is comprised of 17 parking spaces. Should the 1,222-
square foot addition be approved, a minimum of 24 parking spaces would be required, assuming a total
building square footage of 4,711 and a use of "office,"
Although two of the existing 17 parking spaces and the existing trash enclosure will require removal in
order to construct a 24-foot wide drive aisle to the expanded parking area, the Applicant is providing 11
new parking spaces or 26 parking spaces in total. The trash enclosure would be re-located to the south
end of the expanded parking area. The 2015 Minnesota Accessibility Code requires a minimum of two
accessible parking spaces. A review of the submitted site plan notes that the Applicant would meet the
minimum requirements.
Assuming 24-wide drive aisles, this would allow for 90-degree parking and two-way traffic. The spaces,
as proposed, would meet the minimum parking requirements as noted under Chapter 35 of the Zoning
Ordinance with 9-foot wide and 18-foot deep parking spaces. The Applicant will need to work with the
City Fire Inspector to ensure emergency vehicle access within the new parking area, if necessary, is
sufficient.
The City Zoning Ordinance requires that off-street parking and perimeter parking lot driveways be
App. No. 2018-006
PC 05/17/2018
Page 4
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 alter the existing parking lot, other than the removal of two parking
spaces and the trash enclosure to allow for a new drive aisle. The proposed parking area would meet the
15-foot green strip requirement.
In consideration of the residential properties to the south of the Subject Property, the Applicant is
subject to the provisions of Section 35-412 (Special Requirements in C2 District) of the Zoning Ordinance.
These provisions state that,
"Where a proposed C2 development abuts an Ri, R2, or R3 district other than at a public street line,
buffer provisions shall be established. There shall be provided a protective strip of not less than 35 feet
in width. The protective strip shall not be used for parking, driveways, off-street loading or storage and
shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not
extend within 10 feet of any street right-of-way. The fence or wall design must be approved by the City
Council as being in harmony with the residential neighborhood and providing sufficient screening of the
commercial area. The fence or wall shall be eight feet in height. The protective strip shall contain no
structures other than an approved fence or wall.
Despite the Subject Property having been developed since the early 1960s, the Applicant intends to
install a 75-foot long, eight foot high, opaque wooden fence where the Subject Property abuts the Ri-
zoned residential properties to the south. Although they are not located on the Subject Property, there
is a dense row of mature trees running east to west near the property line. The Applicant has also noted
in the Landscape Plan the planting of thorn less honey locusts, elms, red cedar, buckthorn, and lilacs,
amongst others.
Section 35-412 does note that this protective strip should contain no structures other than the approved
fence or wall, however, the existing HVAC enclosure and shed are located near the rear property line in
an existing landscaped area. It is of staff's opinion that these structures remain for the time being, with
the caveat that they be re-located away from the rear property line when it comes time for replacement
of the shed structure and/or HVAC enclosure.
LIGHTING I SCREENING I PERFORMANCE STANDARDS
Lighting
The Applicant provided a photometric plan (Exhibit B), which notes the existence of two 23-foot high
light poles near the two driveway entrances off 57th Avenue North. Two additional 23-foot high light
poles would be installed along the northwest and southern edges of the proposed new parking area.
Per the City Zoning Ordinance, "all exterior lighting shall be provided with lenses, reflectors, or shades,
so as to concentrate illumination 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 (Lighting) of the City Zoning Ordinance further specifies that lighting shall not
exceed ten (10) foot candles when measured at the property lines abutting the street right-of-way or
non-residentially zoned properties. Properties abutting residentially-zoned properties shall not exceed
three (3) foot-candles. The Applicant notes in the plans that the average foot-candles would fall
between 0.59 and 1.97.
Per the unofficial City architectural design guidelines, light poles, fixtures, and bases should maintain a
consistent dark color (i.e., bronze, black, or brown), and feature dark sky-friendly or cutoff style fixtures.
App. No. O1-UU6
PC 05/17/2018
Page 5
Screening
The trash enclosure to be located at the south end of the proposed new parking area, along with any
other ground mounted equipment (e.g., transformers, mechanical/HVAC) shall be effectively screened
from adjacent public rights-of-way and adjacent 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. There is an HVAC enclosure located along the southern border of the Subject Property, and it is
open to the south, although there is an existing tree. The proposed new eight foot opaque fence will
also provide additional screening, while helping to reduce any potential noise generated by the HVAC
equipment.
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 intends to conduct minimal demolition as part of the project. As noted on
Sheet C-2 (Site Demolition Plan), an existing wellhead, located on the vacant parcel to the west of the
existing building, would be sealed per the Minnesota Department of Health. The existing gas meter,
located along the west face of the existing building, is proposed for relocation to the west face of the
new addition (once constructed). The existing wood fenced trash enclosure and three trees would be
removed, along with 24 linear feet of existing curb and gutter (to allow for the new drive aisle) and 122
linear feet of existing wood fence, which currently runs north to south between the two commonly-
owned properties. Erosion and sediment control measures would be in effect as part of the process to
construct a new building addition and expand the parking areas.
The Applicant should refer to the Assistant City Engineer's memorandum, dated May 7, 2018, to
determine what other approvals are required (Exhibit C).
LANDSCAPING
The project submittal includes a detailed landscape plan, which illustrates the proposed planting
schedule (i.e., shade trees, coniferous trees, decorative trees, shrubs). Although City Code does not have
any specific requirements for landscape plantings, 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. The Point System requires sites to provide
a specific amount or number of landscaping units, and is based on a maximum percentage of certain
materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorate trees, and 25% shrubs). See Exhibit
B.
As the proposed addition would be located on approximately 1.02 acres, the development would need
to achieve a minimum of 100 points, assuming a development use category of "Office."
App. No. 2018-006
PC 05/17/2018
Page 6
Table 2. Landscape Point System Policy
Planting Type Minimum Size Points Per Planting Maximum Points Points Accrued
(%)
Shade Trees 2 1/," diameter 10 50% or 50 points 50 points accrued
(19 trees x 10" 190)
Coniferous Trees 5' height 6 40% or 40 points 36 points accrued
(6 trees x 6 36)
Decorative Trees 1" diameter 1.5 35% or 35 points 10.5 points accrued
(7 trees x 1.5 = 10.5)
Shrubs 12" diameter 0.5 25% or 25 points 13.5 points accrued
(27 shrubs x 0.5 = 13.5)
Total 100% = 100 points 110 points
As summarized in Table 2 above, the submitted landscape plan meets and exceeds the minimum
required 100 points. The proposal calls for such plantings as thornless honeylocusts, Siberian elms, and
Black Hills Spruce. The Applicant would install Korean sun pears and winter wind maples for decorative
use, and sea green junipers would be disbursed throughout the Subject Property.
The Applicant should reference the City's unofficial Architectural Design Guidelines regarding overall
landscaping and site treatment. As part of any approval, the Subject Property will require an irrigation
system to be installed and a plan to be submitted to the City. The Applicant has noted in the plans that
the site will be fully irrigated.
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 May 7, 2018,
and attached hereto (Exhibit C). 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 the total proposed disturbed area is less than half an acre, no project review is required by the West
Mississippi Watershed Commission, and an NPDES permit will not be required. Per the attached
memorandum, the City does request that the Applicant strive to improve overall water quality through
the installation of BMPs.
FIRE INSPECTOR REVIEW
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. Per Plans received, Sheet A0.0 notes that the building
is fully-sprinklered. The Applicant will need to comply with the City's adopted Building and Fire Codes,
and identify the presence of or need for a Knox-box, etc.
SUMMARY FINDINGS
Based on the findings of fact contained in this report, staff has determined that all requirements of the
City's Zoning Code, pertaining to this site and building plan approval application, have been met or
exceeded. Staff further finds that all standards and requirements related to the request to consolidate
the two parcels into one have also been met by this application.
SITE AND BUILDING PLAN APPROVAL CONDITIONS:
Staff recommends the following conditions be attached to any positive recommendation on the
approval of Application No. 2018-006 for 1915 and 200157 th Avenue North (Subject Property):
App. No. 2018-006
PC 05/17/2018
Page 7
1. Lot Consolidation: The Applicant shall combine the two adjacent, common-owned properties
located at 1915 57 th Avenue North (Lot 1, Block 1, Superamerica 5 k " Addition) and 2001 57 t
Avenue North (Tract C, Registered Land Survey No. 1114, Hennepin County, Minnesota). As
such, approval of the Site and Building plan is contingent upon the Applicant submitting all
required items to Hennepin County for review and consideration of the requested tax parcel
combination.
a.Once combined, these lots may not be separated without approval of a subdivision
request as provided under Chapter 15 (Platting) under the City Code of Ordinances.
b.The Applicant/Property Owner shall file for tax parcel combination and receive a
determination from Hennepin County prior to release of any Building Permits by the
City.
2. 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 and
circulation is provided for emergency vehicles on the Subject Property.
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.
3. 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 Agreement
financial guarantee.
4. Engineering Review:
a.The Applicant agrees to comply with all conditions or provisions noted in the City
Engineer's Review memorandum, dated May 7, 2018 (Exhibit C):
b.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.
5. 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.
App. No. 2018-006
PC 05/17/2018
Page 8
6. Facilities and Equipment:
a.Any outside trash disposal facilities 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 and new addition.
c. The Applicant shall comply with the special requirements for C2-zoned properties as
identified under Section 35-412 of the Zoning Ordinance, including screening
requirements.
7. Landscaping:
a. An irrigation plan shall be submitted to the City and a system installed,
RECOMMENDATION
Based on the above-noted findings, Planning Staff recommends the Planning Commission recommend
approval to the City Council of Planning Commission Application No. 2018-006 for the proposed
approximately 1,222-square foot addition and parking lot expansion site and building plan for the to-be
combined Subject Property, locally identified as 1915 and 2001 57th Avenue North, subject to the
Applicant complying with the Site and Building Plan Approval Conditions, and further recommends
approval of the consolidation of the two lots into a single parcel, subject to the approval of Hennepin
County.
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 Plan approval, and request
to proceed through Hennepin County's lot consolidation process, subject to the Applicant complying with
the above-mentioned conditions of approval.
Attachments
Exhibit A- Memo prepared by Walter Hodynsky, and draft application to Hennepin County.
Exhibit B- Select Set Plans, prepared by Charles Levin Architects (Milavetz, Gallop & Milavetz), and dated April 17,
2018.
Exhibit C- Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated May 7, 2018.
Exhibit 0- Proposed Resolution Approving Request to Combine Adjacent, Common-Owned Lots through Hennepin
County Approval Process (1915 and 2001 57th Avenue North).
App. No. 2018-006
PC 05/17/2018
Page 9
Milavetz 1 GaIIopj:MiIavetz, AN
Exhibit A
Attorneys At Law
Walter Hodynsky
Attorney Licensed in MN and WI
Who clynsJcymilavetzlciw corn
April 4, 2018
Kathy McSpadden
Paralegal
Iciiiespaclden@i)iilavetzlaw.com
Ginny McIntosh
City Planner and Zoning Administrator
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Via Email Only: gmcintoshci.brooldyn-center.mn.us
Re: Administrative Lot Combination Process through Hennepin County Milavetz,
Gallop & Milavetz, P.A., Lots 1 & 2
Dear Ginny:
I am enclosing herewith drafts of the City Approval form for Tax Parcel Divisions and
Combinations and Parcel Division and Combination Owner Request form concerning the
combination of the two parcels at the Milavetz, Gallop & Milavetz, P.A., property which is
preliminary to expansion of the office building which was previously discussed. I would
appreciate your reviewing the same and advising if you are in agreement therewith and we may
proceed and file with the RRES Property Parcel Identification Planning Unit with Hennepin
County. If you have any questions or concerns, please do not hesitate to contact me, Thank you
for your attention to this matter.
Very truly yours,
MILAVBTZ, GALLOP & MILAVETZ, P.A.
4 /--
Walter Hodynsky
WH/kam
Enclosure: City Approval form for Tax Parcel Divisions and Combinations; and
Combination Owner Request.
1915 57 Avenue North, Brooklyn Center, MN 55430 TEL 763.560.0000 / 800.365.6666 FAX 763.556.0211
WEB www.rnilavetzlew.com and http;//mabankrupt.com/
Find us on Facebook, Linkedlo and Twitter
When Hennepin County receives a request for tax parcel division or combination, our
policy is to require notification from the city in which the parcels are located.
Please complete the following information and return via email (preferred) or mail.
Information needed:
City [oklyn Center
Contact Person: alter Phone 763-560-0000
0 Approves C Does not approve C Approval not required
The Following:
C Division I Combination C Other EIIIIIIIIIIIIIIT
PID Number (s): Property Address (s):
1 02-118-21-42 7 00 2001 57th Avenue North, Brooklyn Center MN 55430
2 i82140115 191557th Avenue North, Broo1dynOenter MN 55430
Please email to: RR ES.PropertylDandPlats@Hennepin.us
or
mail to: Hennepin County Recorder/Registrar of Titles Office
Attn: Parcel Identification and Platting Unit
A-500 Government Center
300 South Sixth Street
Minneapolis, MN 55487
Note: This form is not required when a city resolution or other document approving the above tax
parcel division or combination is submitted or recorded by said city.
Version 1. 0, 10/1012014 Property Identification and Platting: 612348-3271
HBNNEPII"I COUNTY PARCEL DIVISION OR COMBINATION OWNER REQUEST FORM
Parcel Identification and Platting Supervisor
Resident and Real Estate Services
A-500 Government Center
Minneapolis, MN 55487-0060
Email; RRES .PropertyIDandPlats@Hennein.us
Telephone: 612-348-3271
DATE: March 30, 2018
I hereby make a request for a (separate1combinejassessment on the following described land:
I.D. No. 02-118-21-42-0034 I.D. No.
ID. No, 02-118-21-42-0115 I.D. No.
ID. No. No.
(For additional I.D. No's add an attachment)
Remarks:
City of Brooklyn Center
For 2019 Tax Year
Signature of Fee Owner
Address 1915 - 57th Avenue North
Brooklyn Center, MN 55430
Telephone # 763-560-0000
Mail Tax Statements to:
Milavetz, Gallop & Milavetz, P .A.
1915 - 57th Avenue North
Brooklyn Center, MN 55430
1 Ii' a g 0
Milavetz 1 GaHopMiIavetz, RA
Attorneys At Law
Legal Description
Parcel 1
Trac C, Registered Land Survey No. 1114, Hennepin County, MN
Parcel 2
Lot 1, Block 1, Superarnerica 5" Addition, Hennepin County, MN
Torrens Property
Being registered land as is evidenced by Certificate of Title No. 1412829
Parcels 1 + 2
HENNEPINT COUNTY PARCEL DIVISION OR COMBINATION OWNER REQUEST FORM
NOTE: It is important to keep all lenders or mortgagees aware that you are dividing or combining real property.
Consult your mortgage company as to whether or not they need to issue an amendment to, or a partial release of, any
mortgage or other encumbrance of the affected real property as a foreclosure of the affected real property can undo
any previously approved division or combination.
• All taxes for the current year and any delinquent taxes must be paid for the entirety of the existing tax
parcel before the property can be divided or sold off (MN statute § 272121).
• As a general policy, Hennepin County does not combine tax parcels that cross streets unless the street is
vacated and assumed to be owned by the adjoining tax parcel owner
• Unique Taxing Areas (UTA) such as City, Water, Sewer, School, and Tax Increment Financing (TIF) districts
must be considered when a request for a division or combination of tax parcels Is submitted
• Hennepin will create tax parcels that contain Abstract, Torrens, Platted and unplatted lands
• A tax parcel can contain multiple plats and multiple sections in any township and range as long as each tax
parcel are located in the same UTA(s)
• A tax parcel would normally represent parcels of land that would be expected to be sold to and held by
the same or future owner
• Do not combine properties if there is a possibility an existing parcel may later be divided off and sold
• The City in which the land being divided is situated, may refuse a future divisions or could place other
conditions on granting said division
• For a Torrens parcel division or combination, the Parcel Identification and Platting group (PIP) will review
and issue a verbal or email approval on behalf of the Registrar of Titles (see § 508.47)
Division scenarios:
Current year taxes (and any delinquent taxes) must be paid before a portion of a tax parcel can be sold or
transferred, and before a tax parcel division can be initiated ( 272.121).
What else is required to initiate a tax parcel division?
a)Transfer document signed by the owner(s) causing a tax parcel split
Required: City approval or notice that City approval is not required
b)Division/combination request form submitted by property owner
Required: City approval or notice that City approval is not required
c) City resolution (or other document given by the city) approving division or notice that City approval is not
required
One of the following required before division or combination will be initiated:
a.Transfer document signed by the owner(s) causing a tax parcel split
b.Division/combination request form submitted by property owner
Combination scenarios:
Current year taxes (and any delinquent taxes) must be paid before a portion of a tax parcel can be sold or
transferred, and before a tax parcel division can be initiated ( 272.121),
What else is requited to initiate a tax parcel combination?
a)Transfer document signed by the owner(s) causing a tax parcel split land being transferred is being
deeded to the owner of a neighboring tax parcel
Required: Completed division/combination request form submitted by the neighboring property owner
City approval or notice that City approval is not required.
b)Transfer document containing multiple tax parcels
Required: Completed division/combination request form submitted by the new property owner and City
approval or notice that City approval is not required.
c)Division/combination request form submitted by property owner
Required: City approval or notice that City approval is not required.
d)City resolution (or other document given by the city) approving combination or notice that City approval is
not required
Required: Completed property owner request form.
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Exhibit C
MEMORANDUM
DATE: May 7, 2018
TO: Ginny McIntosh, City Planner! Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: Site Plan Review - 1915 57th Ave N
Public Works Department staff reviewed the following documents submitted for review on April 17,
2018 for the proposed improvements at 1915 57th Ave N:
Civil Site Plans dated April 17, 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
1.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.
Miscellaneous
2.See redlines for additional Site Plan comments.
3.Provide irrigation plan.
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.
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 is less than 0.5 acres; no project review is required for the West
Mississippi Watershed Commission and an NPDES permit is not required. However the City
would request the applicant attempt to install BMP's to improve water quality. The applicant
will have to ensure runoff rates into Hennepin County Right-Of-Way don't increase.
7.The City has submitted the plans to Hennepin County for review. Applicant must meet
requirements from the Hennepin County review.
1915 57th Ave Page 2of3
Site Plan Review Memo, May 7 'h , 2018
8.Applicant must apply for a land disturbance permit.
9.A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter
of the site.
Prior to issuance of a Land Alteration
10.Final construction/demolition 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.
11.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.
12.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 Permitting:
13.A City of Brooklyn Center land disturbance permit is required,
14.Other permits not listed may be required and is the responsibility of the developer to
obtain and warranted.
15.Copies of all required permits must be provided to the City prior to issuance of applicable
building and land disturbance permits.
16. 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.
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BROOKLYN CENTER, MINNESOTA SITE DEMOLITION PLAN
alR w1bIR *'kCHARLES LEVIN ANCHJTLCTS p N 4 I G,
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M-G-M BUILDING ADDII1ON REV5S
BROOKLYN CENTER, MINNESOTA GRADING AND EROSION
j for: CONTROL PLAN ) jJ ]
CHARLES LEVIN ARCHITECTS _________________________
1915-2001 57 th Avenue North | Alan Milavetz
REQUEST:
(1)Site and
Building Plan
(2)Lot
Combination
(through
Hennepin County)
Item 9.a
City Council Meeting of 05/29/2018
Background & Request
Applicantisrequestingapprovalof:
(1)aSiteandBuildingPlanfora1,222-squarefootadditionoffthewestendoftheexistingbuilding,anexpansiontotheexisting
parkingarea,and(2)requesttoproceedwithcombinationofthetwoadjacent,commonly-ownedlots.
Theexistingofficebuildingislocatedon1.02acresandhasfrontagealong57AvenueNorth
th
PropertyiszonedC2(Commerce)District
Source: EFN
Existing Conditions
Source: Charles Levin
Architects
Source: Ginny McIntosh
Lot Combination
Applicantisrequestingapproval
for1,222-squarefootaddition
andexpansiontoexistingparking
area
Issue:Proposedparkingarea
wouldbelocatedonlottothe
west,andbuildingadditionwould
belocatednearlyonexisting
propertyline
Solution:AsApplicantownsboth
properties,anapplicationfortax
parcelcombinationneedstobe
submittedtoHennepinCounty
andapproved.
Source: Charles Levin Architects
Building Review
Applicantisrequestingapproval
for1,222-squarefootadditionto
allowforADAaccessibility.
Additionwouldbefittedwitha
liftsystemtoallowaccesstomain
building.
Existingbuildingwasconstructed
around1966anditsexterioris
primarilycomprisedofbrickand
concretemasonryunits(CMUs).
Source: Charles Levin Architects
Proposedbuildingadditionwould
utilizebrickveneerandCMUsto
matchexistingbuilding.
Access and Parking
Existingaccesspointsoff57AvenueNorthwould
th
remain
17parkingspacescurrently
Someparkingandthetrashenclosurewouldbe
removedfromtheexistingparkingareatoaccommodate
new24-footwidedriveaisle.
Theproposednewparkingareawouldmeetthe
minimum15-footgreenstriprequirements.
ApplicantwillneedtoworkwithFireInspectortoensure
adequateturnradiusforemergencyvehicles,etc.
Assumingauseof“Office,”aminimumof24parking
spacesisrequired.
Provided Parking Spaces (in bold)
Parking UseMinimum Required Parking Spaces
Office4,711 SF ÷200 = 23.555 spaces needed26 spaces
ADA2 spaces2 spaces
Total Required Parking24 spaces
(ADA spaces incorporated into total)
Total Provided Parking26 spaces
(ADA spaces incorporated into total)
Lighting | Screening
Lighting
PhotometricPlan:Theproposedlightingiswithinthe
maximumallowablefoot-candles
LightingFixtureCount:Twoexisting23-foothighlightpoles,
andtwonew23-foothighlightpolesforthenewparking
area
PerCityCode,lightingistobedown-cast,withcut-off
stylefixtures.TheproposedlightingwouldbeLED
andpossessaflatlens.
Screening
Trashenclosureistobefullyenclosedandscreened.An
existingHVACenclosureisalreadyscreened(southof
building).
PerZoningOrdinancerequirements,
“WhereaC2developmentabutsanR1,R2,orR3district
otherthanatapublicstreetline,bufferprovisionsshallbe
established.Thereshallbeaprovidedprotectivestripofnot
lessthan35feetinwidth.”
Protectivestripnottobeusedforparking,driveways,off-
streetloadingorstorageandshallbelandscaped.
Requiresalandscapetreatment,andanopaquefenceor
wall(minimumof8feetinheight).
Nootherstructurestobelocatedinthisprotectivestrip.
Source: Stark Engineering, Charles Levin
Architects
Landscaping
AlandscapingplanwasprovidedbytheApplicant.
PlantingTypeMinimumSizePointsPerPlantingMaximum Points (%)PointsAccrued
ShadeTrees2½”diameter10
50pointsaccrued
50%or50points
(19treesx10=190)
ConiferousTrees5’height640%or40points
36pointsaccrued
(6treesx6=36)
DecorativeTrees1”diameter1.535%or35points
10.5pointsaccrued
(7treesx1.5=10.5)
Shrubs12”diameter0.525%or25points
13.5pointsaccrued
(27shrubsx0.5=13.5)
Total100%=100points110points
Aminimumof100pointsisrequiredfortheapproximatelyoneacresiteassuming“Office”use.
Applicantisproviding110pointsandplanstoinstallthornlesshoneylocustsandSiberianelms(deciduous),
andBlackHillsspruce(conifer),alongwithKoreansunpearsandwinterwindmaples(decorative),andsea
greenjunipers(shrubs).
Applicantnotedthatsitewillbefullyirrigated.
Staff Reviews
AssistantCityEngineer
ApplicantshallcomplywiththecommentsandconditionsasnotedinthememorandumdatedMay7,2018
(ExhibitC).
NoprojectreviewisrequiredbytheWestMississippiWatershedCommission(proposeddisturbedarealessthan
0.5acres),andanNPDESpermitisnotrequired.
FireInspector
Perplansreceived,SheetA0.0notesthatthebuildingisfully-sprinklered.
ApplicantwillneedtoworkwithFireInspectortoidentifyacceptableturnradiusforemergencyaccessfornew
parkinglotarea,existence/proposedlocationforKnox-box,etc.
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
ThePlanningCommissionreviewedApplicationNo.2018-006attheirmeetingonMay17,2018.
Nopublichearingwasrequiredandnomailnoticesweresent.
NocommentsorobjectionswerereceivedpriortoorduringthemeetingregardingtherequestscontainedinPC
ApplicationNo.2018-006.
PlanningCommissionFeedback
FollowingareviewoftheApplication,thePlanningCommissiondedicatedadditionaldiscussiontoproposedcondition
6.c(FacilitiesandEquipment),whichoutlinedarequirementthatthe“Applicantshallcomplywiththespecial
requirementsforC-2zonedpropertiesasidentifiedunderSection35-412oftheZoningOrdinance,including
screeningrequirements.”
ThisrequirementspecifiesthatC2-zonedpropertiesthatabutR1,R2,orR3-zonedpropertiesreceiveapprovalfromCity
Councilforascreeningdevicethat“isinharmonywiththeresidentialneighborhoodandprovidessufficientscreeningof
thecommercialarea.”
TheCommissiondeterminedthattheApplicantshouldhavetheabilitytoprovideforamoreaesthetically-pleasingformof
screening,suchaslandscaping.
ApplicanthasneverfullyscreenedSubjectProperty(1960s–Now),andthereisamaturerowoftreesrunningalong
southernpropertyline.
ThePlanningCommissionvotedunanimouslyinfavor(6-0)oftherequestedapprovalofthesiteand
buildingplanandrequesttoproceedthroughtheHennepinCountytaxparcelcombinationprocess,
subjecttoCitystaffworkingwithApplicanttoamendlanguageofcondition6.c.
Summary and Recommendation
Recommendation
Basedontheabove-notedfindings,itisrecommendedthattheCityCouncil,followingconsiderationofthis
PlanningCommissionitem,adopttheresolutionregardingthedispositionofPlanningCommissionApplicationNo.
2018-006,submittedbyAlanMilavetzofMilavetz,Gallop&Milavetz,requestingapprovalofasiteand
buildingplanfora1,222-squarefootbuildingaddition,parkinglotexpansion,andconsiderationofarequest
tocombinetwoadjacent,common-ownedlotsthroughtheHennepinCountytaxparcelcombinationprocessfor
th
thepropertieslocatedat1915and200157AvenueNorth.
RequestedCityCouncilAction:
Motion to Adopt Resolution
ApprovaloftherequestissubjecttotheApplicantcomplyingwiththeSiteandBuildingPlanApproval
ConditionsasoutlinedinthePlanningCommissionReportdatedMay17,2018.
City Council Agenda Item No. 9b
COUNCW ITEM MEMORANDUM
DATE: May 29, 2018
TO: Curt Boganey, City Mana
FROM: Meg Beekman, Community Development Director
SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances to Establish a
New Section 35-420 to Allow Automobile Dealership Off-site Vehicle Storage as
an Interim Use in the I-i, 1-2, and C-2 Zoning Districts.
- Motion to Approve First Reading of Ordinance and Set Second Reading for
June 25, 2018
Recommendation:
The Planning Commission recommends a motion to approve the First Reading of the Ordinance
authorizing the amendment of Chapter 35 of the City Code of Ordinance to establish a new
Section 35-420 to allow automobile dealership off-site vehicle storage as an Interim Use in the I-
1, 1-2, and C-2 Zoning Districts. It is further recommended that a Second Reading be set for the
June 11, 2018, City Council meeting.
Background:
Luther Auto approached the City in February, stating that they had a need to store up to 600 new
vehicles for a period of up to two years. The impetus for the storage is related to the construction
of a new Mazda and Mitsubishi Dealership at 4435 68th Avenue North, which would displace the
current storage capacity being used by their adjacent dealerships.
At the March 26th City Council Work Session, Staff brought forward a request from Luther Auto
dealership to allow the short term storage of vehicles off-site from the dealership location. Off-
site storage is not currently allowed in the Zoning Code. In order to facilitate the temporary off-
site storage, Staff proposed an interim use permit process, which would allow off-site storage
with an Interim Use Permit for a specific period of time. The City Council directed staff to draft
language and conditions that would mitigate any negative impacts from the off-site storage, and
bring a draft ordinance back to Council for review and consideration. In addition, the City
Council requested a representative from Luther be present to discuss the request and answer any
questions the Council might have.
At the April 9, 2018, City Council Work Session, staff brought a draft ordinance to the City
Council for review. Council directed staff to bring the ordinance to the Planning Commission for
review and consideration. Representatives from Luther Auto were present at the meeting to
discuss their request in more detail.
At their April 12, 2018, meeting, staff presented the draft ordinance and topic of discussion to the
Plannin g Commission. The Commission provided input on the draft ordinance, and suggested
revisions that may address specific concerns related to screening, distance from residential
property, limiting the number of vehicles to the specific needs of the auto dealerships located
Our Vision: We envision Brooklyn Center as a thriving, diverse community with aft!l 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 clue to its
convenient location and commitment to a healthy environment
[I[I1Ph14 I U I DWA U I thYA (I] t1I ilSJh"A I
property, limiting the number of vehicles to the specific needs of the auto dealerships located
within the City, and the orderly placement of vehicles. The topics of signage, dealership staff
presence on site, and the location of suitable sites were also discussed. Staff subsequently made
revisions to the proposed ordinance language based on the Planning Commission's input.
On May 17, 2018, the Planning Commission considered the proposed ordinance
amendment and conducted a public hearing on Planning Commission Application No.
2018-008, for approval of the proposed amendment to Chapter 35 of the City Code of
Ordinances to establish a new Section 35-420 to allow automobile dealership off-site vehicle
storage as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts.
The Planning Commission considered the proposed ordinance and reviewed the language
contained therein as part of the public hearing process. The Planning Commission determined that
the proposed language would adequately mitigate any potentially negative impacts that may be
related to the allowance of temporary off-site storage of vehicles, and voted unanimously (6-0) in
favor of the proposed ordinance.
The Planning Commission Report (dated May 17, 2018), and the proposed ordinance, are
attached for the City Council's review.
Budget Issues:
There are no budget issues to consider.
Strategic Priorities:
• Targeted Redevelopment
Our Vision: IVe envision Brook/in Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational off brings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location ond commitment to a healthy environment
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of , 2018, at
7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance related to allowing the automobile dealership off-site storage of
new vehicles as an interim use.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 TO ALLOW AUTOMOBILE
DEALERSHIP OFF-SITE VEHICLE STORAGE AS AN INTERIM USE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35 is hereby amended to establish a new Section
35-420 as follows:
Section 3 5-420. AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE.
1.Interim Use. Notwithstanding anything to the contrary in this Code, the off-site storage of
new vehicles by an automobile dealership is allowed in the following zoning districts with
the issuance of an interim use permit: I-i. 1-2, C-2. No interim use permit for automobile
dealership off-site storage shall be issued for a site that abuts or is directly across a city or
county right-of-way from a residentially zoned (Ri through R7) property.
2. Application. An application for an interim use permit for the off-site storage of vehicles
may only be submitted by an automobile dealership located within the city. Said
application shall. in addition to the information reciuired on the application form, include
the following information:
a. A description of the proposed vehicle storage that includes:
(i)The maximum number of vehicles to be stored at the off-site location:
(ii)An explanation of the purpose for the number of vehicles needing to be
stored at the off-site location:
(iii)An estimate of how often vehicles will be brought to and removed from the
off-site location and the times and days of the week such activities are
proposed to occur;
(iv)The route to be used to transport vehicles between the automobile
dealership and the off-site location, including how the propertY will be
accessed: and
(v) A map showing the portion of the property to be used for vehicle storag e
and showing how the vehicles are to be narked on the property;
b The proposed length of time the property will be used for vehicle storage: and
c. Proof of ownership of the property or a copy of the proposed lease allowing use of the
property for vehicle storage:
3. Issuance. An application for an interim use permit for the off-site storage of vehicles shall
be processed in accordance with Section 35-220, except that the following additional
standards shall also be considered:
a.The proposed use must conform to the regulations in this Chapter:
b.The date or event that will terminate the use can be identified with certainty:
ç Allowing the use will not impose additional costs on the public if it is necessary for the
public to take the property in the future: and
d. The applicant agrees to the conditions the City Council imposes on the use.
4. Conditions. The City Council may impose any conditions on the interim use permits it
issues as it deems are necessary or expedient to protect the public health, safety or
welfare, or to ensure the use will not impose additional costs on the public if it is
necessary or expedient to take the property in the future. Every interim use permit shall
identify the date or event that will terminate the permit. The applicant shall either
expressly agree in writing to the conditions imposed on the interim use permit or shall be
deemed to have agreed to all such conditions without exception or reservation if the
applicant undertakes the use allowed by the permit.
5. Performance Standards. In addition to any conditions placed on an interim use permit by
the City Council, the following restrictions shall apply to all interim use permits issued to
an automobile dealership for off-site vehicle stoigçj
a. Use of the off-site location shall be limited to the storage of operable new vehicles
that are available for sale or lease to customers as part of the automobile dealership's
business operationa
h. Any vehicles stored shall be sold or leased at the automobile dealership located in the
gkL
c. Any off-site location shall conform to Section 35-71 1 of the Zoning Code, Pg
Lot Screening:
th No vehicle repairs, sales, cleaning or detailing shall occur at the off-site location:
e. Only employees or contractors of the automobile dealership shall be allowed on the
off-site location:
f No signage, other than minimal directional signae internal to the site, shall be
permitted on the off-site location;
g The portion of the storage site designated for vehicle storage shall only be located on
an approved paved parking lot-
h. Vehicles shall only be stored in the designated portion of the storage site and
according to the parking plan approved as part of the interim use permit:
j.Vehicles shall be stored in-an-Qrdeft fashion with drive aisles, allowing vehicles to
enter and exit the site without having to move other vehicles:
j The days and hours during which vehicles may be brought to or removed from the
site shall be limited to the days and hours approved in the interim use permit;
k.The routes used to transport vehicles to and from the site shall be limited to the routes
approved in the interim use permit:
L An interim use permit issued pursuant to this section is not transferable: and
m. The use must comply with all applicable provisions of this Code.
6. Renewal. Use of the off-site storage site shall cease, and all vehicles shall be
immediately removed, upon the termination or revocation of the interim use permit, or
the transfer of the automobile dealership. An automobile dealership issued an interim use
permit may apply for a renewal interim use permit, which shall be submitted no fewer
than 90 days prior to the termination of the existing permit, and processed in the same
manner as a new application.
Article II, This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of , 2018.
Tim Willson, Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
0 k
CE.
AT THECENTERi\\N
Planning Commission Report
Meeting Date: May 17, 2018
Application No. 2018-008
Applicant: City of Brooklyn Center
Location: I-i, 1-2, C-2
Request: Amend Chapter 35 to establish a new Section 35-420 to allow automobile
dealership off-site vehicle storage as an Interim Use.
INTRODUCTION
Staff is presenting Planning Commission Application No. 2018-008, which would amend Chapter 35 of
the City Code to allow existing auto dealerships in the City to store new vehicles for a temporary period
of time off-site via an Interim Use Permit. This amendment would apply in the I-i (Industrial Park), 1-2
(General Industry), and C-2 (Commerce) Zoning Districts. The as proposed ordinance would place further
restrictions on the storage of new vehicles, and would allow the Planning Commission and City Council
to place conditions on the approval of any new Interim Use Permit for this use.
A Zoning Code amendment requires that a public hearing occur in accordance with Statue Statute. An
( Affidavit of Publication confirmed publication of the public hearing notice in the Brooklyn Center Sun
Post on May 3, 2018. Mailed notices are not required when the proposed Zoning Code amendment
relates broadly to the City.
BACKGROUND
Luther Auto approached the City in February, stating that they had a need to store up to 600 new
vehicles for a period of up to two years. The impetus for the storage is related to the construction of a
new Mazda and Mitsubishi Dealership at 4435 68th Avenue North,, which would displace the current
storage capacity being used by their adjacent dealerships.
At the March 26th City Council Work Session, Staff brought forward a request from Luther Auto
dealership to allow the short term storage of vehicles off-site from the dealership location. Staff
proposed an interim use permit process, which would allow for temporary off-site storage. This use is
not currently allowed in the Zoning Code. The City Council directed staff to draft language and
conditions that would mitigate any negative impacts from the off-site storage, and bring a draft
ordinance back to Council for review and consideration. In addition, the City Council requested a
representative from Luther be present to discuss the request and answer any questions the Council
might have.
At the April 9, 2018, City Council Work Session, staff brought a draft ordinance to the City Council for
review. Council directed staff to bring the ordinance to the Planning Commission for review and
consideration.
At their April 12, 2018, meeting, staff presented the draft ordinance and topic of discussion to the
App. No. 2018-008
PC 05/17/2018
Page 1
Planning Commission. The Commission provided input on the draft ordinance, and suggested revisions
that may address specific concerns related to screening, limiting the number of vehicles to the specific
needs of the auto dealerships located within the City, and the orderly placement of vehicles. The topics
of signage, staff presence on site, and the location of suitable sites were also discussed.
ORDINANCE LANGUAGE
The Zoning Code currently prohibits off-site storage in all zoning districts. This means that businesses are
prohibited from storing products or goods on any property other than that which the products or goods
are being sold or used. The only exception provided for in the code is related to landscaping materials to
allow for tree lots and temporary garden centers.
At present there is no mechanism in the code to allow Luther Auto to use a lot outside of their
dealership property to store vehicles; whether that property is owned by the City or not. After
discussion with the City Attorney, it was determined that the most effective way to allow this activity
would be through an Interim Use Permit process. The Code currently provides for interim uses, but
narrowly allows them only for the purpose of providing temporary classrooms on school properties.
Attached to this memo is the proposed Interim Use Permit Ordinance which would allow Luther to apply
for an Interim Use Permit. Interim Use Permits are reviewed and approved much the same as a Special
Use Permit; certain conditions could be added, and the City would determine the length of time that the
interim use would be allowed to continue.
If adopted by the City, Luther Auto would need to apply separately for an Interim Use Permit once a
specific site or sites were identified.
The ordinance amendment before you this evening requires that any vehicle stored must be sold or
leased at a dealership located in the City of Brooklyn Center. The language outlines under what
conditions a business could apply, as well as what information is required as part of that application. In
order to apply for an Interim Use Permit an auto dealership would need to first identify what property
they propose to use for off-site storage, for how long, and for how many vehicles. They would need to
state the reason for the need for additional storage. The vehicles stored would need to be new,
operable vehicles, and be stored in a manner that allows vehicles to be taken on and off site without
having to move other vehicles. The off-site property would be used for storage only, and not sales,
service, repair, detailing, etc. The ordinance language further restricts signage, as well as the proximity
in which off-site storage must be from residential properties.
POLICY ISSUES
One of the City's strategic priorities is Targeted Redevelopment. This speaks to the strategic and
proactive redevelopment of key areas in the City. Related to this strategic priority is the support of
existing businesses that are making investments in the community. As Luther is planning for the
construction of a new dealership in the City, accommodating their storage needs on a temporary basis
to enable the timely construction of the project is within the goals of the City.
RECOMMENDATION
Staff recommends the Planning Commission recommends:
The Planning Commission recommends approval to the City Council of the as proposed amendment to
App. No, 2018-008
PC 05/17/2018
Page 2
Chapter 35 of the City Code to establish a new Section 35-420, which would allow auto dealerships in the
City to store new vehicles off-site on site for a specific period of time with an approved Interim Use Permit.
Attachments
Exhibit A- An Ordinance Amendment Chapter 35 to Allow Automobile Dealership Off-Site Vehicle Storage as an
Interim Use.
App. No. 2018-008
PC 05/17/2018
Page 3
Ordinance Amending Section 35 of the City Code
of Ordinances to Establish a New Section 35-420
to Allow Automobile Dealership Off-site Storage
as an Interim Use in the I-1, I-2, and C-2 Zoning
Districts
(Interim Use Permit Ordinance)
-The Planning Commission recommended
unanimous (6-0) approval of this Item at its May
17, 2018, meeting
-Motion to approve the first reading and set
second reading and Public Hearing for June 25,
2018
Section 35-420
If approved, would allow existing automobile dealerships in the City to apply for
an Interim Use Permit to allow off-site storage of new vehicles on property zoned
I-1, I-2, or C-2
Ordinance lays out the requirements for a complete application:
Number of vehicles t be stored
Purpose
Route, frequency, times, and days vehicles will be brought on and off site
proposed duration of storage
Council may placed conditions on the approval of an Interim Use Permit
Performance Standards
Use of the site limited to storage only of new and operable vehicles
Vehicles stored must be sold or leased in the City
Screening requirements
Signage limitations
Storage on approved hard surfaces only
Vehicles must be stored in an orderly fashion
Next Steps
Council will hold 2Reading and Public Hearing on June 25, 2018
nd
Luther Auto has applied for an Interim Use Permit
Planning Commission Review: June 14, 2018
City Council Review: June 25, 2018
Luther enters into a lease with the EDA
Recommended Council Action
Planning Commission recommends that the Council:
Move to approve the first reading and set second reading and public
hearing for June 25, 2018 for an ordinance amending the City Code of
Ordinances Section 35-420 to allow automobile dealership off-site storage
as an interim use in the I-1, I-2, and C-2 Zoning Districts
City Council Agenda Item No. lOa
COUNCIL ITEM MEMORANDUM
DATE: May 22, 2018
TO: Curt Boganey, City Ma4J 7
FROM: Tim Gannon, Chief of Police'-*Q
SUBJECT: An Ordinance Amending Chapter 25 of the Code of Ordinances Regarding
Median Safety
Recommendation:
It is recommended that the City Council consider approval of first reading and setting second
reading and public hearing for an ordinance amending Chapter 25 Streets and Highways of the
City Code of Ordinances related to median safety.
Background:
In recent years, Brooklyn Center and other cities throughout the nation have seen a substantial
increase in pedestrians occupying medians for extended periods of time. The purpose of
occupying medians does vary from protesting, panhandling, or advertising. Regardless of the
reason, it has had an impact on public safety for both pedestrians and motorists alike.
Historically, medians were created to offer a barrier between traffic traveling in opposite
directions while supporting a traffic light. They were also created to allow pedestrians a safe
temporary resting spot to await a light change if unable to cross a roadway in a single traffic light
rotation. Medians were created to be raised above the roadway and usually narrow in width with
those original purposes in mind.
City staff researched and developed an ordinance that follows six directives given by our City
Attorney:
1.What is the concerning conduct? Pedestrians standing on narrow medians in high traffic
and high speed zones, which is an unsafe act.
2.Do existing laws already address the conduct? There are no current or existing laws that
can specifically address the public safety concern.
3.Is the City Council interested in developing an ordinance? As expressed in the May 14,
2018 Council Meeting, elected officials are supportive of developing a lawful and effective
ordinance.
4.Is the government interest served by an ordinance? It has been shown that the activity is a
public safety concern as expressed by numerous citizens throughout the community. Police
officer's observations are consistent with identifying a public safety issue created by the
median presence.
5. Collect data that either supports or refutes the concern? Data was collected on speed
related car-pedestrian accidents both in number and lethality. It was found through two
different studies that car-pedestrian accidents result in fatalities only 5% of the time when
speeds are 20 mph, however that percentage jumps to 41% at 30 mph and 84% when posted
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
[EI1SJ[UiViflUA I k'4 [I) 1I P1Ik'A I
speeds are 40 mph. Traffic volumes were also researched and two arterial roadways were
identified due to high traffic volumes. Those roadways were identified as Brooklyn
Boulevard and Bass Lake Road - the roadways that have the highest in citizen's requests for
public safety checks due to pedestrians on the medians.
6. Identify a narrowly-tailored, content neutral method of regulating the conduct: a draft
version of an ordinance was created. The ordinance identifies only a select number of
intersections that meet the above criteria. The prohibited conduct is the presence on a defined
narrow median for more than two traffic light cycles and is not dependent on the conduct of
the pedestrian while on the median.
Budget Issues:
Enforcement of the proposed ordnance can be accomplished by current police staffing levels.
Strategic Priorities:
Safe, Secure, Stable Community
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
REVISED DRAFT
4-16-18
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of , 2018, at
7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance related to median safety.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY
CODE OF ORDINANCES REGARDING MEDIAN SAFETY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 25 is hereby amended by adding the following new
sections regarding median safety:
MEDIAN SAFETY
Section 25-1100. FINDINGS AND PURPOSE. The city has two arterial roadways that
are heavily travelled and that contain certain high-traffic intersections with narrow medians. These
narrow medians are traffic separation structures that were not designed to accommodate
pedestrians. The city has experienced an increase in the number of pedestrians standing on these
narrow medians at high-traffic intersections for extended periods. Pedestrians who remain on these
narrow medians are at risk of being struck by the large volume of traffic travelling through these
intersections at high rates of speed. Their presence on the medians also distracts drivers focused on
not striking them as they navigate through the intersections. The purpose of these sections is to
establish a narrowly tailored regulation intended to protect public safety related to pedestrians in
roadways and drivers passing through high-traffic intersections within the city.
Section 25-1101. DEFINITIONS. For the purposes of Sections 25-1100 through 25-1104,
the following terms shall have the meaning given them in this section.
a. "Arterial roadway" means the following roadways within the city:
1.Brooklyn Boulevard (CSAH 152); and
2.Bass Lake Road (CSAH 10), located between the western jurisdictional
boundaries of the city and Trunk Highway 100.
h. "High-traffic intersection" means the following intersections on arterial roadways
controlled by traffic signals:
519930v5 TJG BR291-4
REVISED DRAFT
4-1618
1.Brooklyn Boulevard and 69th Avenue;
2. Brooklyn Boulevard and 68th Avenue:
a. Brooklyn Boulevard and 1-94 Westbound Ramps;
4.Brooklyn Boulevard and 1-94 Eastbound Ramps;
5.Brooklyn Boulevard and 65th Avenue -
6 . Brooklyn Boulevard and Bass Lake Road;
'T Brooklyn Boulevard and 55th Avenue;
B Brooklyn Boulevard and TH 100 Southbound Ramps;
9 Brooklyn Boulevard and TH 100 Northbound Ramps;
10. Bass Lake Road and Northway Drive feastem most intersection;
Ii. Bass Lake Road and TH 100 Southbound Ramps-;-and
12 Bass Lake Road and TH 100 Northbound Ramps.
c. "Median" means the concrete or other hard surface divider having -g width of six feet
or less as measured between the curbs and located between opposing lanes of traffic
on a roadway.
th "Roadway" means the travelled portion and median of a street or highway.
Section 25-1102. PROHIBITION. No person shall be on a median within 300 feet of a
high-traffic intersection unless the person is in the process of legally crossing the roadway. This
prohibition applies to both the median on the arterial roadway and the median on the intersecting
roadway. A person shall not be considered to be in the process of le g ally crossing a roadway,
and it shall be prima facie evidence of a violation of this section, if a person stays on a median
through two consecutive opportunities to cross the roadway in accordance with the crossing
signal and state law.
Section 25-1103. EXCEPTIONS. The prohibitions in Section 25-1102 shall not apply to
any of the following:
a. Any person engaged in law enforcement or rescue activities, including providing
assistance to an injured or disabled vehicle or person;
b Any person engaged in the emergency repair of their vehicle: or
519930v5 TJG BR291-4
REVISED DRAFT
4-16-18
c. Any public works staff or public contractors engaged in the maintenance, repair, or
improvement of a roadway or related public facilities, or public utility workers
insta1lin, maintaining, repairing, or removing public utilities.
Section 25-1104. PENALTY. A violation of Section 25-1102 is a petty misdemeanor
offense and shall also constitute an administrative offense subject to issuance of an
administrative citation and civil penalties as provided in Sections 18-201 through 18-212. A
person who violates Section 25-1102 may be issued a petty misdemeanor citation or an
administrative citation, but not both for the same violation. A person may be charged with a
misdemeanor offense if that person violates Section 25-1102 within 12 months of the first of two
prior median safety violations. For the purposes of this Section. "prior median safety violation"
shall be defined as either: (a) a petty misdemeanor conviction of a violation of Section 25-1102;
or (b) the payment of an administrative citation containing a violation of Section 25-1102.
Article II. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of , 2018.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
519930v5 TJG BR291-4
MEDIAN SAFETY
ORDINANCE
Brooklyn Center City Council Meeting
May 29, 2018
FINDINGS AND PURPOSE
BrooklynCenterhastwoarterialroadwaysthataredefined
byvolumeoftraffic,vehiclespeeds,andnarrowmedians.
TheCityhasexperiencedanincreaseinthenumberof
pedestriansoccupyingthosemediansforextendedperiods
oftime.
FINDINGS AND PURPOSE
Theactivityhascontributedtodriverdistractions,a
decreaseinoveralltrafficsafety,andapublicsafety
concernexpressedbycitizensandlawenforcement.
Thepurposeofthisamendedordinanceistoestablisha
narrowlytailoredregulationintendedtoprotectpublicsafety
relatedtopedestriansinroadwaysanddriversusingthose
identifiedarterialroadways.
DEFINITIONS
Arterialroadways
ofconcernareasfollows:
BrooklynBoulevard(CSAH152)locatebetween69 th Avenueto
thenorthandHwy100tothesouth.
BassLakeRoad(CSAH10)locatedbetweenthewestern
jurisdictionalboundariesofthecityandTrunkHighway100.
Definitions
Continued…
High-trafficintersections
areintersectionsonarterial
roadwayscontrolledbytrafficsignals.
Amedian
isaconcreteplatformhavingawidthof6feetor
lessasmeasurefromcurbsandlocatedbetweenopposing
lanesoftraffic.
Aroadway
isthetravelledportionandmedianofstreetsor
highways.
HIGH-TRAFFIC INTERSECTIONS
CONTROLLED BY TRAFFIC SIGNALS
The following high-traffic intersections are controlled by traffic
signals:
Brooklyn Boulevard and 69th Avenue;
Brooklyn Boulevard and 68th Avenue;
Brooklyn Boulevard and I-94 Westbound Ramps;
Brooklyn Boulevard and I-94 Eastbound Ramps;
HIGH-TRAFFIC INTERSECTIONS
CONTROLLED BY TRAFFIC SIGNALS
Continued…
Brooklyn Boulevard and 65th Avenue;
Brooklyn Boulevard and Bass Lake Road;
Brooklyn Boulevard and 55th Avenue;
Brooklyn Boulevard and TH 100 Southbound Ramps;
HIGH-TRAFFIC INTERSECTIONS
CONTROLLED BY TRAFFIC SIGNALS
Continued…
Brooklyn Boulevard and TH 100 Northbound Ramps*;
Bass Lake Road and Northway Drive (eastern most intersection);
Bass Lake Road and TH 100 Southbound Ramps; and
Bass Lake Road and TH 100 Northbound Ramps
* Will have semaphore in October of 2018
PROHIBITION
Nopersonshallbeonamedianwithin300feetofahigh-traffic
intersectionunlessthepersonisintheprocessoflegallycrossing
theroadway.
Theprohibitionappliestoboththemedianinthearterialroadway
andthemedianontheintersectingroadway.
Apersonshallnotbeconsideredtobeintheprocessoflegally
crossingaroadway,anditshallbeprimafacieevidenceifthe
personstaysonamedianthroughtwoconsecutivelightchanges.
EXCEPTIONS
Anypersonengagedinlawenforcementorrescue
activities,includingprovidingassistancetoaninjuredor
disabledvehicleorperson.
Anypersonengagedintheemergencyrepairoftheir
vehicle.
Anypublicworksstafforpubliccontractorengagedinthe
maintenance,repair,orimprovementofaroadway,public
facility,orpublicutility.
PENALTY
Aviolationofthissectionisconsidered:
Apettymisdemeanoroffenseandconstitutesasan
administrativeoffense.
Chargeablewitheitheranadministrativecitationorapetty
misdemeanorcitationbutnotboth.
PENALTY
Continued…
Apersonmaybechargedwithamisdemeanorifthatperson
hasviolatedtheordinancewithin12monthsofthefirstof
twopriormedianviolations.
priormediansafetyviolation
Aisdefinedasbeingcharged
witheitherapettymisdemeanorconvictionoranadministrative
citation.
SPEED RELATED TO DEATHS
A study in London and in Australia discovered that increased
speeds resulted in an increased risk of pedestrian death.
Relationship of Vehicle Speed to Odds of Pedestrian Death in Collision
VEHICLE RATE ODDS OF ODDS OF
UNITED KINGDOM AUSTRALIA
OF SPEEDPEDESTRIAN DEATHPEDESTRIAN DEATH
12
20 MPH5%5%
30MPH45%37%
40 MPH85%83%
CAR VS. PEDESTRIAN ACCIDENTS
8
6
4
2
0
2013
2014
2015
BSL: Bass Lake Road
2016
BB: Brooklyn Boulevard
2017
20132014201520162017
Total Car vs. Pedestrian Accidents
95657
Occurred on BSL or BB
24135
Fatal Accidents on BSL or BB
00110
Victim in the Act of Panhandling
00001
PUBLIC SAFETY
CONCERNS/PANHANDLING
140
122
120
93
100
80
59
60
48
42
40
20
0
20132014201520162017
Public safety concern/Panhandling locations
PROXIMITY
and proximity to Brooklyn Boulevard and Bass
Lake Road (5 year history).
182
110
98
200
150
67
100
50
0
Calls generated
25ft off BSL or
on BSL or BB
BB
100ft off BSL or
BB
200ft off BSL
or BB
Calls
25ft off BSL or100ft off BSL200ft off BSL
generated on
BBor BBor BB
BSL or BB
200ft off BSL or BB
72
100ft off BSL or BB
1212
25ft off BSL or BB
313131
Calls generated on BSL or BB
67676767
QUESTIONS?
th
Brooklyn Boulevard at 69 Avenue
th
Brooklyn Boulevard and 68 Avenue
rd
Brooklyn Boulevard and 63 Avenue
Brooklyn Boulevard and Bass Lake Road
th
Brooklyn Boulevard and 56 Avenue
th
Brooklyn Boulevard and 55 Avenue
Brooklyn Boulevard and TH 100 Southbound Ramps
Brooklyn Boulevard and TH 100 Northbound Ramps
Bass Lake Road and Northway Drive
Bass Lake Road and TH 100 Southbound Ramps
Bass Lake Road and TH 100 Northbound Ramps and Lilac Drive
City Council Agenda Item No. lOb
J(SiINii*'AL Sk'A (I) iI P1IJh'kI
DATE: May 29, 2018
TO: Curt Boganey, City Ma9"
FROM: Meg Beekman, Community Development Director \frI3
SUBJECT: An Interim Ordinance Regulating Automobile Dealership Off-site Vehicle Storage
Recommendation:
Motion to approve an interim ordinance regulating automobile dealership off-site vehicle storage.
Background:
The City is currently moving through a process to adopt an amendment to Chapter 35 of the City
Code of Ordinances to establish Section 35-420, which would allow auto dealerships in the City
to store new vehicles off-site on a temporary basis with an approved Interim Use Permit. The
Planning Commission has held a public hearing regarding the proposed amendment, and
following consideration of the ordinance language, unanimously recommended approval to the
City Council. The City Council considered the ordinance at a First Reading this evening.
In order to approve the ordinance a second reading is required, followed by publication of the
ordinance in the newspaper. According to the City Charter, the ordinance would then go into
effect 30 days following publication. In addition, Luther Auto, which has requested to be allowed
off-site storage of vehicles, will need to apply for an Interim Use Permit, which will require a
public hearing with the Planning Commission, and final approval from the City Council. Under
the City's current process, the soonest Luther Auto could locate vehicles at an off-site location
would be July 12,2018.
Luther Auto approached the City in February, stating that they had a need to store up to 600 new
vehicles for a period of up to two years. The impetus for the storage is related to the construction
of a new Mazda and Mitsubishi Dealership at 4435 68th Avenue North, which would displace the
current storage capacity being used by their adjacent dealerships. Construction of the new
dealership cannot begin until the vehicles can be relocated. Delaying the start will mean pushing
construction further into winter, which substantially increases costs.
After consultation with the City Attorney, staff determined that it would be possible to allow
Luther Auto more immediate access to a solution with an interim ordinance. Cities are authorized
to adopt interim ordinances by State Statute. They are most often used as a way to enact
moratoriums; however, in this instance, the City would be adopting an ordinance that would
enable an activity, rather than prohibit. Interim ordinances may be adopted by a City Council
outside of the typical procedure, which requires multiple readings, publication, and in some
instances, a public hearing. Interim ordinances go into effect immediately upon adoption by the
City Council.
Our Vision: We envision Brook/va 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 home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
[EI1IJ[iJ Ifli N DkU Iik (I) it1 iSJhYA I
Policy Consideration
The City has identified a portion of the Opportunity Site property that may be appropriate for
Luther Auto to store vehicles on. The former Brookdale Square building has been demolished;
the parking lot remains, and is in substantially good condition. The striping and drive aisles are
intact, and there is sufficient space to handle all of Luther Auto's need for temporary vehicle
storage.
If a lease between the Economic Development Authority and Luther Auto is approved, Luther
Auto has offered to pay $7,500 per month for a period up to two years to allow them to store
vehicles on the property. Further, Luther Auto would secure the site, closing two of the three
access points, and installing a secured gate at the northern most access point. They would provide
lighting and onsite security as well. Their presence on the site would benefit the City by
discouraging dumping and other activity that is currently occurring on the property.
Staff has discussed the concept of using the site for vehicle storage with Alatus, since the City has
an active Preliminary Development Agreement with them for the property. They are fine with the
use of the site as described, as the vehicle storage location is outside of Alatus' identified Phase 1
area. Their only request was that a provision be added to the lease that would require Luther to
move cars as may be necessary to accommodate any soil work that may be necessary. Luther has
agreed to this provision. The ultimate redevelopment of the site remains the City's top priority,
and as such the lease would further allow the City to terminate early in the event that a suitable
redevelopment of the site becomes imminent.
The interim ordinance that is being recommended as part of this Council Consideration item
would facilitate an interim lease that could then be considered by the EDA, which would allow
Luther to occupy the site as early as June 1st. The interim lease would terminate after 60 days, at
which point, if the City Council has approved an Interim Use Permit and the EDA has approved a
longer term lease with Luther Auto, they would be able to continue to occupy the site for a period
not to exceed two years. Luther has agreed to a pay a rate of $10,000 per month for the interim
lease.
Adoption of the interim ordinance, would allow off-site storage of new vehicles for existing auto
dealerships in the City on EDA-owned lots only. This allows the City to negotiate terms that
would ensure any potential negative impacts on surrounding property would be adequately
mitigated. This ordinance will sunset with the adoption of the amendment to Chapter 35,
establishing Section 35-420, allowing off-site storage of vehicles with an Interim Use Permit.
Budget Issues:
There are no budget issues to consider.
Attachments:
o Interim Ordinance Regarding the Off-site Storage of Vehicles
Strategic Priorities:
Targeted Redevelopment
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a sajè 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
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN INTERIM ORDINANCE REGULATING AUTOMOBILE DEALERSHIP
OFF-SITE VEHICLE STORAGE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Legislative Findings. The City Council of the City of Brooklyn Center ("City") hereby
finds and determines as follows:
a.The City Council has the authority under Minnesota Statutes, section 462.355,
subdivision 4 to adopt an interim ordinance to regulate or impose restrictions on uses if it
has scheduled a hearing for the purpose of considering an amendment to its official
controls;
b.The adoption of an interim ordinance does not require a public hearing and is not subject
to the City's standard ordinance adoption process as it is in the nature of an emergency
ordinance in that waiting the several weeks before it went into effect would undermine
the purpose and authority to adopt an interim ordinance;
c.The City Council is in the process of considering an amendment to Chapter 35 of the
Brooklyn Center City Code ("Code") to establish a new Section 35-420 to allow the off-
site storage of new vehicles by an automobile dealership in certain zoning districts with
the issuance of an interim use permit;
d.The City Council has schedule a public hearing on the proposed amendment to the Code
before its Planning Commission on June 14, 2018; and
e. The City Council determines that it is in the best interests of the public, and in
furtherance of its efforts to promote economic development within the City, to adopt
interim regulations on the off-site storage of vehicles by automobile dealerships while the
ordinance proposing to establish permanent regulations on the off-site storage of vehicles
works its way through the standard ordinance adoption process.
Article II. Interim Regulations. During the term of this interim ordinance, the City may, by
issuance of a certificate of compliance, allow the off-site storage of new vehicles by an
automobile dealership on property ("Property") owned by the City or by the Economic
Development Authority of Brooklyn Center, Minnesota ("EDA") within the I-i, 1-2, or C-2
districts subject to compliance with all of the following requirements and restrictions:
a. The automobile dealership must enter into a temporary lease agreement with the City or
the EDA for use of its Property for the storage of the vehicle that, at a minimum, address
each of the following:
1.Security for the Property, including how access to the Property will be controlled;
2.The area on the Property that may be used for the storage of vehicles;
3.The length of the temporary lease and that the use of the Property for vehicle storage
may only occur upon issuance of a certificate of compliance and must cease if the
proposed amendment to the Code to allow the use is not adopted or if the automobile
dealership fails to obtain an interim use permit under the amended Code within 60
days from the date the amendment goes into effect; and
4.Any particular restrictions on how the Property is accessed;
b.Only operable new vehicles that are available for sale or lease to customers as part of the
automobile dealership's business operations may be stored on the Property;
c.Vehicles may only be brought to or removed from the Property Monday through
Saturday, between the hours of 8:00 a.m. and 6:00 p.m.;
d.No signage, other than minimal directional signage internal to the site, shall be permitted
on the Property;
e.No vehicle repairs, sales, cleaning or detailing shall occur on the Property;
f.Only employees or contractors of the automobile dealership shall be allowed on the
Property related to the storage use;
g.Vehicles shall be stored on the Property in an orderly fashion with drive aisles, allowing
vehicles to enter and exit the Property without having to move other vehicles; and
h. An approval issued pursuant to this interim ordinance is not transferable.
Article III. Effective Date and Term. This interim ordinance shall go into effect immediately
upon adoption and shall remain in effect for 120 days or upon the effective date of the proposed
amendment to the Code addressing the off-site storage of vehicles by an automobile dealership if
adopted, whichever occurs first.
Article IV. Penalty. A violation of this interim ordinance is punishable as a misdemeanor.
Adopted this 29 h day of May, 2018.
Tim Willson, Mayor
ATTEST:
City Clerk
2
Work Session Agenda
AGENDA
CITY OF BROOKLYN CENTER
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
May 29, 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.Bee Keeping and Compost Bin Regulation
2.Electronic Agenda - NovusAgenda Presentation
3. Ordinance Review Process
PENDING LIST FOR FUTURE WORK SESSIONS
Later/Ongoing
1.Comprehensive Plan Art Contest - May
2.Earle Brown Days Update
3. Beautification and Public Art Initiative - June
Work Session Agenda Item No. 1
MEMORANDUM COUNCIL WORK SESSION
DATE: May 29, 2018
TO: Curt Boganey, City Man
THROUGH: Meg Beekman, Community Development Director
FROM: Jesse Anderson Deputy Director of Community Development/HRA Specialist
SUBJECT: Bee Keeping and Compost Bin Regulation
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding bee
keeping and compost bin regulation
Background:
On January 8, 2018, Mayor Willson requested, with Council concurrence, that a discussion
relating to bee keeping and composting be added to a ftiture work session.
The concerns were initially brought to the Councils attentions when a rental property received
correction orders for their compost bin. The landlord clean up the material without notifying the
tenant and the tenant had been keeping bees in the area. Therefore the hibernating bees were
inadvertently removed and discarded by the landlord.
Composting:
Currently Section 7-102 Subdivision 2 of the City Code addresses composting. The requirement
states that composting must be done in an approved rodent and fly proof device and/or filling
operations using approved fill materials and methods may be permitted.
Occasionally staff does have to issue correction orders relating to composting. Typically this is
the result of an owner creating a pile of grass clippings, leaves, or fallen tree branches without a
proper compost bin.
Currently the ordinance relating to composting isn't written to be clear and concise on the topic.
However, staff has had a limited number of complaints and the ordinance has been used
successfully to address the concerns.
Bee Keeping:
The City Code is silent on the topic of bee keeping. Bee keeping is not listed in the City Code as
being prohibited, and questions about bee keeping have been infrequent. Staff is aware of
instances in the City where people are keeping bees; however, the City has not received any
complaints about bee keeping. Section 19-104 of the City Code does expressly prohibit
Our Vision: We envision Brooklyn Center as a thriving, diverse community with ciflull range of housing. business, cultural and
recreational offerings. it is a safe and inclusive place that people of all ages love to cciii home, and visitors enjoy clue to its
convenient location and commitment to a healthy environment
1tI1 3iiiIiiI
agricultural animals. Since honey bees are kept in order to harvest honey, some cities had
considered them an agricultural animal. If this were the case in Brooklyn Center, then the City
Code could be interpreted to prohibit them; however, this has not been staffs interpretation in
the past.
An ordinance could be written to clarify the restrictions on bee keeping.
Policy Issues:
Does the City Council want staff to pursue an ordinance change relating to bee keeping or
compost bin requirements? If so, staff recommends directing the topic, or topics, to the Housing
Commission for review and consideration.
Strategic Priorities:
Enhanced Community Image
Attachments:
• Picture of the Compost Bin/Bee Habitat at 6425 Fremont Ave N
• Refuse Storage and Disposal Ordinance
• Hennepin County Composting Guidelines
• University of Minnesota Bee Keeping Information
Our Vision: Ve envision Brooklyn Center as a thriving, diverse coinoinnit' with a/uil range of/ions inLg_ 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
0
st/Bee Keeping Habitat that was located at 6425 Freemont Ave N.! 1
¼ (J1i'-r na 1 7r• f 'AW'i
V
fr::
----
I. Al
:. .Th&, si
Section 7-102. REFUSE STORAGE AND DISPOSAL.
Subdivision 1. Containers Required. The owner of any premises, and any other person
having refuse as herein defined, must provide and keep on such premises sufficient containers
for the storage of refuse accumulated on the premises between disposal or collection. Each
container must be watertight, must have a tight fitting lid, must be impervious to insects, rodents,
vermin, and absorption of moisture and may not exceed 30 gallons in capacity or 95 gallons in
capacity in the case of roll-cart automated containers or have ragged or sharp edges or any other
defect liable to hamper the person collecting the contents thereof.
All refuse on any premises must be stored in required containers unless it is immediately
consumed or disposed of on the premises in an approved incinerator.
All commercial, business, industrial, or other such establishments having a refuse volume in
excess of two cubic yards per week, and all six-family and larger dwellings, must provide
approved bulk or box type refuse storage containers or approved equivalent. The containers
must be located so as to be accessible to collection equipment and so as not to require an
intermediate transfer.
Subdivision 2. Sanitary Disposal. All refuse must be disposed of in a sanitary manner as
approved by the health authority and may not constitute a nuisance. Refuse may not be
composted or buried except that composting in an approved rodent and fly proof device and/or
filling operations using approved fill materials and methods may be permitted. In no case may
garbage be composted or buried.
Subdivision 3. Frequency and Manner of Collection. The contents of the containers must
be collected once every week, or more frequently if necessary or required by the provisions of
any other ordinance of the City, by a collector licensed under this Chapter. The collector must
transfer the contents of the containers to the collection vehicle without spilling them, and if any
spilling occurs, the collector must clean it up immediately and completely. Collection must be
conducted in a manner as to not create a nuisance. Collection in residential zones must be
between the hours of 6:30 a.m. and 8:30 p.m. Upon each collection the containers must be
completely emptied and returned to the racks or stands where they are kept, and the lids of the
containers must be replaced.
Subdivision 4. Placing of Containers. Containers must be placed behind the front setback
of the residence or placed in a garage located on the premises, except as may be reasonable and
immediately necessary for collection. In no event may containers be placed or maintained in a
way that unreasonably interferes with the use of adjoining property. Containers kept outside
must be placed in a manner that does not permit entry of or harborage for animals, insects or
other vermin, or permit the container to be tipped over. Containers must be maintained in a
reasonable clean condition at all times.
Subdivision 5. Defective Containers. If, upon inspection by the health authority, a
container is found to be in poor repair, corroded or otherwise defective so as to permit insects,
vermin or rodents to enter, or does not meet other requirements of this ordinance, the health
authority may require the container to be repaired or replaced by notifying the provider or user of
the container of the deficiency and stating a compliance date in the notice. If the deficiency is
not corrected by the compliance date, the health authority may condemn the deficient container
and affix a tag so stating such condemnation. It is unlawful for any person to place or deposit
refuse in a container which has been condemned.
Subdivision 6. Preparation of Yard Wastes. Yard wastes must be bagged separately from
other garbage, refuse, and waste matter and must be placed 3 to 6 feet from garbage and other
refuse on collection day.
/
What to compost
Home composting
)v,j otn. uridetilaridvAi.41 wn stsau4dcctnp(ot,biit sn ionlel i -- pt 1 S1 it it 1.1h.st
en- ntjld NOT <cilipue Co ttett1q b a ibtil nmCC a-id C chehe-alno cilItti mcow}ois.Ynt
Mu icit di oiuipcn stlifliclic piddictS oxfl a-.psstr Of 9l5it HfitC C0Y,P05TlIq StiiI5i5 tiSt
mtihyIienut.oieiaicrt-stfiLa.tk dWl mAlt. d.Wy, 91eacistid 0' Olelit fl%31I'Ill ia5n itU,lit
Ctitel tfl )ut ccnpcmt o.trl cs etmuexiols twe%fsxnpw -s usay tv iii eie !l.tt lI
t'ritts-nt,5eflC Lije i-il w,ad do tce cwn ' i'.tid retuite .n kit Ofetiut, 1' I. ii;
ryi -jld lie cped cit re4Cd aid u,sj nil -- rteids that cit Lu ,, !. tut t-tI
the rxutnilsm s.Stxci cii clmeipccn , It. t4d .icd banc iii v J Cii,1 ed aaL
Compost:DO NOT compost:
• Yard waste: grass clippng;, plant X . Meat and dairy: nii'at pcces,
f tohrmImings, teaes weeds ssimheet weds,da; ty pciduc:ts. bon-_-s, fish
puis rac'd 1 ei,mcias, raw eggs
• Kitchen waste: (hut nd cxj-'tahle scraps x • Fats: cciokng oil lvipç'inis
Coillpe cinoinds, tea baq egg shells and grease
• Materials that add nutritive value:Synthetics: motor cit glint,
ik)uxi ancl t ac rrna.cotcm seed nmeil plastin. styrc5foafl\ polsa€'n
a"Illatir p4irUs
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What about cuttings treated with herbicides?
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and yaid into a nutrient 001 soil anieridintint on niukin You an Lotilpost
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and leaves (ardertens have usod loInpost fur eenilu,ies to Improve their
suil arid to supply esselillil nutrients tot phitit qrowth
Steps to backyard composting
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i,ie i yv3?u 1 nO tOib?Pr IuC,lT5 rip
The recipe for a successful compost pile
flute are Will t.'ãrk irrjrreriierutske q ooj o:'uul ntuou
O'II, u)uyrr, .30.1 ilture
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fur I)rr.i rr nip' eq. this ttinI.e- t..r fIr. tOrn rt31ri?
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Doted 9f - '-wee 910u1 Or
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Plant wuwuengs
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cut thu I ) 'i A u v .lUr'nj' '.1 ''- nie ri
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cr)ruCdd tu, adulrr; n eb ,.}.er ,t rtu.rtr,uuai .,rvabyriunrrrinui
thepilet........Itneay'.......I
Tips for home composting
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For more information:
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a nd nuukhirug qud,. u I:rn4tuaiuuulr; 4 V u u,. ?u;uuwu
Hennepin County
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trcnrrnpun.urtcornpontung
612 319 .l7
University of Minnesota Bee Lab Information
City County Ordinance Ordinance Language Date
Citation
Bloomington Hennepin Section Owners of bees, shall have at least one 8/1/2013
12.116(a)(2) acre per bee hive not exceeding twenty-
four (24) cubic feet in size. Farm poultry,
farm animals and bees are not allowed
on properties with three or more dwelling
units. The owner of the farm poultry,
farm animals and bees shall live in the
dwelling on the property.
Brooklyn Hennepin Section 1-101 No mention of bees in ordinances, so 8/112013
Center honey bees are permitted.
Brooklyn Park Hennepin Section 92.50 Honey bees are permitted in lots over 5 11/24/2015
acres. Other require registration.
Champlin Hennepin Honey bees are not mentioned within 8/1/2013
Champlin's ordinances. The City would
allow honey bees as long as they were
not a nuisance and the neighbors were
on board.
Corcoran Hennepin Section 1020.020: bees are agricultural 8/1/2013
use. Allowed in areas zoned for
agricultural use.
Crystal Hennepin City ordinances do not cover bees.8/1/2013
Therefore, bees are allowed.
Edina Hennepin Section Bees are allowed with permit. ordinance 10/1/2015
300.11 link
Excelsior Hennepin Section 6-4 Ordinance defines "undomesticated 8/1/2013
animal" as "any animal, mammal,
amphibian, or reptile, which is of a
species which is wild by nature or of a
species which due to size, vicious
nature, or other characteristics is
inherently dangerous to human beings."
"Any person may own, keep, harbor, or
maintain any nondomesticated animal,
provided that it weighs less than 50
pounds."
Golden Valley Hennepin Section 10.32 Honey bees are defined as a farm 8/1/2013
animal. Farm animals are not allowed to
be harbored within the city.
Hopkins Hennepin Hopkins Code of Ordinances does not 2/8/2017
address honey bees, so they interpret
that to mean they are not permitted.
Independence Hennepin 510.05 subd. Defines bees as "livestock." Bees are 8/1/2013
46 allowed in areas which are zoned
agricultural.
Long Lake Hennepin Honey bees are not mentioned in the 8/1/2013
Code. City of Long Lake's general
position is if it is not expressly allowed, it
is prohibited.
Maple Plain Hennepin Honey bees are not mentioned in the 8/1/2013
Code. City of Maple Plain's general
position is that they are allowed, but are
subject to the nuisance ordinance.
Medicine Hennepin Section Bees are classified as farm animals.8/1/2013
Lake 200.2(7)(b) Must get a conditional use permit to
have bees.
Minneapolis Hennepin Section 74.80 Must get a permit from Minneapolis 8/1/2013
Animal Care and Control.
Minnetonka Hennepin No ordinance on bees, so bees are 8/1/2013
allowed unless they are a nuisance.
Village of Hennepin Section "No person shall keep or allow to be kept 8/1/2013
Minnetonka 508(C)(28)(b) any hive or other facility for the housing
Beach of honeybees."
Minnetrista Hennepin Section Bees are considered farm animals.8/1/2013
1110.09 "Farm animals may only be kept in A or
AP zoning districts, or in a residential lot
of at least ten acres in size provided that
farm animals on said residential lots are
not sheltered within 300 feet of an
adjoinin piece of property."
Orono Hennepin Section 62-1 Honey bees are classified as a farm 8/1/2013
animal and are allowed in areas zoned
for agriculture.
Osseo Hennepin Chapter City code states that any caring for any 811/2013
93.18(z) non-domestic animal is a public
nuisance, so beekeeping currently is not
allowed. However, City Attorney said the
City might be open to a resident asking
for a variance or trying to change the
ordinance.
Plymouth Hennepin Zoning Bees are only allowed in areas zoned 8/1/2013
Ordinance future restricted development (rural).
21170.01
subd.3
Richfield Hennepin Section Bees are considered non-domestic 8/1/2013
905.41 animals. All non-domestic animals are
prohibited.
Robbinsdale Hennepin Section "It is unlawful to keep or maintain 811/2013
915.37 roosters or bees, without first having
obtained a permit therefor."
Rogers Hennepin Section 125-1 Bees are classified as a farm animal and 8/1/2013
are allowed in areas zoned agricultural.
St. Anthony Hennepin No ordinance on honey bees, so City of 8/1/2013
Village St. Anthony Village's position is that they
are not allowed.
St. Louis Park Hennepin Bees are not addressed in city 8/1/2013
ordinance, so they are allowed as long
as they are not a nuisance.
Shorewood Hennepin Section Bees are classified as an "urban farm 8/1/2013
705.09 animal." Section 705.09 subd 2(h)
states, "The number of bee hives shall
not exceed four."
Spring Park Hennepin Bees are not allowed in city limits.8/1/2013
Wayzata Hennepin No ordinance, so bees are allowed 8/1/2013
unless they are a nuisance.
Chanhassen Hennepin Chapter 20 Bees are considered a farm animal and 8/1/2013
and Carver are allowed on properties of 10 acres or
more.
BKC
EEEEPINGANDOMPOST
BR
INEGULATION
Presented by
Meg Beekman, Community Development Director
B
ACKGROUND
On January 8, 2018, Mayor Willson requested,
with Council concurrence, that a discussion
relating to bee keeping and composting be added
to a future work session.
The concerns were initially brought to the
Council’s attention when a rental property
received correction orders for their compost bin.
C
;
OMPOSTING
S7-102 S2
ECTIONUBDIVISION
CCC.
OFTHEITYODEADDRESSESOMPOSTING
Must be done in an approved rodent and fly proof
device and/or filling operations using approved
fill materials and methods.
Correction orders are typically issued when
owner creates a pile of grass clippings, leaves, or
fallen tree branches without a proper compost
bin.
Currently the ordinance relating to composting
isn’t written to be clear and concise on the topic.
Staff has had a limited number of complaints and
the ordinance has been used successfully to
address the concerns.
BK;
EEEEPINGBC
ROOKLYNENTERCURRENTLY
.
DOESNOTHAVECITYCODEINPLACE
City Code is silent on the keeping of bees
Staff is aware of people keeping bees, but no
complaints have been received and no corrections
have been issued.
If bees were considered agricultural animals, as
in some other cities, City Code could prohibit bee
keeping.
An ordinance could be written to clarify the
restrictions, or allowances, on bee keeping.
PC/BK
HOTOOFTHEOMPOSTEEEEPING
H6425
ABITATTHATWASLOCATEDAT
FAN.
REEMONTVE
H
ENNEPINCOUNTYCOMPOSTING
GUIDELINES
PI
OLICYSSUES
Does the City Council want staff to pursue an
ordinance change relating to bee keeping or
compost bin requirements?
If so, staff recommends directing the topic, or
topics, to the Housing Commission for review and
consideration.
Work Session Agenda Item No. 2
Ik'A I Dk'A (I] 11I IIIIh i ri ,ii 'LI) 1 C€I *f1 [SJI
DATE: Monday, May 28, 2018
TO: Curt Boganey, City M4^
THROUGH: Reggie Edwards, Deputy City Mana-
FROM: Barb Suciu, City Clerk h1j,
SUBJECT: Electronic Agenda - NovusAgenda Presentation
Recommendation:
It is recommended that the City Council receive and observe a presentation of the NovusAgenda
System and identify times available for training. The NovusAgenda system is the City's new
electronic agenda system.
Background:
In 2016, the City Council discussed the issue of conducting Council business electronically.
During that year, the League of Minnesota Cities (LMC) assisted Brooklyn Center by surveying
cities to ascertain which cities were conducting Council business electronically. Staff followed up
with a more extensive electronic survey with the 24 cities.
In 2017, the Council directed staff to assess the impact of converting the existing paper-driven
agenda process to a paperless process. During the year, Council also decided to move forward
with an electronic process.
In 2018, the Council decided to purchase and implement the NovusAgenda electronic agenda
process after hearing a presentation of various electronic agenda options. Staff moved forward
with preparing for implementation of the NovusAgenda system. Staff has worked internally and
with NovusAgenda to develop an electronic agenda process, which will be presented to the Council
as part of the final steps prior to going live with the system.
In 2018, the Council received iPads prior to the installation of the NovusAgenda system with the
intent to familiarize Council members with the mobile device that they will be using with the
electronic agenda process.
Staff will be presenting to the Council what the NovusAgenda system will look like in general and
how the Council will interface with the system. The system that will be presented to the Council
will be approximately 98% complete pending potential additions or changes that may result from
the presentation and training with the Council. Staff anticipates going live with the electronic
agenda system by Monday, June 11th, 2018. The City will dually operate the existing paper process
and the new electronic agenda process through the month of June. On Monday, July 9th, 2018, the
City will begin to operate its agenda process solely electronically.
Budget Issues:
N/A
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
k"A I hYA [I] I1SJ i[I1PJ[I1 I !i'LI) U i DIJ (IIJIl
Policy Issues:
• Does the Council desire individual training with the NovusAgenda system and if so, when
would Council members be available for training?
Strategic Values and Priorities:
• Operational Excellence
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
NovusAgendaCouncil
Overview
May 29, 2018
Purpose
City Council to observe a presentation of the NovusAgendaSystem and
identify times available for training
Board Portal
City Council will log in with their
individual username and password
Bold meetings have been published
Gray meeting have not been
published
Timeline
Training of Staff –June 4and June 5
thth
Training of City Council
June 11and June 25meetings (Both paper and NovusAgenda)
thth
JULY 9–GO LIVE
th
Policy Issue
Does the Council desire individual training with NovusAgendasystem?
If so, available dates are:
Monday, June 11 at 5 pm
Tuesday, June 12 at 5 pm
Thursday, June 21 at 5 pm
Monday, June 25 at 5 pm
Work Session Agenda Item No. 3
hY4 I IYA [OM1.'II I1iSJE,iIJ(iJ $&'LI) ti 4J
DATE: May 29, 2018
TO: Curt Boganey, City Maid
FROM: Meg Beekman, Community Development Director
SUBJECT: Ordinance Review Process
Recommendation:
It is recommended that the City Council review the existing process for adopting ordinances and
consider providing direction to staff on whether to alter the process to make it more efficient.
Background:
There are three sources of regulation that dictate the City's process through which it adopts or
amends ordinances.
The first is State Statute, which through its enabling legislation identifies procedures for adopting
or amending certain kinds of ordinances. For example, Statue Statute requires that amendments
to the Zoning Code first have a public hearing before the Planning Commission prior to adoption
by the City Council.
The second authority is the City Code itself, which lays out procedures for planning case
processes, such as approval of PUDs. In addition, it identifies certain requirements related to
rezoning of property, which is a kind of ordinance amendment most typically seen when PUDs
are approved and a property is rezoned to PUD.
The third overseeing authority is the City Charter, which requires ordinances receive a first
reading before final adoption and that ordinances be published in the newspaper at least 7 days
prior to final approval, as well as published once again upon final approval by the City Council.
The Charter further states that ordinances shall not go into effect until 30 days following
publication after approval by the City Council.
In addition to these three regulatory documents, the City has also adopted Resolution 1981-057
(attached) which outlines the procedure through which the City Council will adopt or amend
ordinances. Specifically it states: "that a full and complete copy of the proposed ordinance or
ordinance amendment shall be published in the City's official newspaper at least seven days
prior to the City Council's consideration for final passage (second reading)." It further lays out a
provision through which the City can publish an ordinance summary, rather than the full text,
upon final approval.
The process that Staff is currently following for adopting ordinance amendments, including
adopting PUD rezonings, which are a type of ordinance amendment, follows the provisions laid
out in the above mentioned documents, and all required regulations are being met. In fact, the
Our Vision: We 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 home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
k'A IMA (I) IiII(iJI 'LI]
current common practice for adopting or amending ordinances goes beyond the minimum
requirements and includes practices that are not required of the City. It is staff's opinion that the
common practice could be revised to significantly reduce the amount of time that it takes to
adopt and enact an ordinance amendment, thus reducing staff time spent on processing ordinance
amendments as well as creating a more efficient process through which the City could review
and approve PUD requests for new development. Staff believes that this could be done while still
following all requirements, as well as continuing to give PUD requests and ordinance
amendments a full and thorough review.
There are three types of ordinance amendments that the City considers; PUD Rezonings; Chapter
35, Zoning Code amendments; and other City Code amendments. Each follows a slightly
different procedure.
Attached to this memorandum is a flow chart that lays out the current process for each type of
ordinance amendment. Each square denotes a separate Planning Commission or City Council
meeting, which requires staff to prepare a separate staff report. The length of time that it takes to
process these items varies. The current Interim Use Permit ordinance amendment could be used
as an example. That item was first brought to the City Council on March 26th Staff has been
moving that through the process urgently and the soonest that it would be possible to have that
ordinance enacted under the current process would be August 5 th •
Proposed Process Changes:
Staff has prepared a flow chart for a proposed process (attached), which the City Attorney has
reviewed has determined meets all requirements that the City must follow.
The most significant alteration to the process is the elimination of a formal public hearing at the
City Council for ordinance amendments. Public Hearings are only required for the adoption of
PUD rezonings and for an amendment to the Zoning Code, both of which are required to be held
by the Planning Commission. The City Council is not required to hold a public hearing for either
of these items, nor is a public hearing required for a City Code Amendment. If the Council
wishes to continue to hold public hearings for City Code amendments, staff would recommend
holding it during the first reading of the ordinance, rather than the second reading.
Another change is to eliminate the publication of PUD rezonings and Zoning Code amendments
between the first and second readings. The City Charter requires that notice be published in the
paper at least 7 days before the City Council can take final action on an ordinance amendment;
however, because the Planning Commission holds a public hearing for these items, notice is
published in the paper prior to the Planning Commission meeting, which meets the requirement
set by Charter. This would reduce the amount of time an item would need to wait before it can go
to City Council for a second reading.
A less significant change is to utilize the first reading of an ordinance amendment as the Council
Consideration item where discussion can occur, and if appropriate, have the second reading on
consent. In this way, if there are concerns, questions, or issues with the proposed language, staff
Our Vision: We envision Brooklyn Center as a thriving, diverse communitv , with afull 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
k"A lithi (I) l'LSMi iFfJ[IAl
can know about them before the second reading, when final approval is to occur. The proposed
process also would allow staff to publish summary language of an ordinance, rather than the full
text. This reduces the cost of publication. In addition, staff is proposing to combine several
actions into fewer meetings for a PUD approval. This will reduce the amount of time it takes to
approve a PUD.
Lastly, staff would request that the Council consider asking the Charter Commission to consider
amending the City Charter to reduce the amount of time before an approved ordinance can go
into effect. Currently, the Charter requires that an ordinance cannot go into effect fewer than 30
days after final publication after it has been approved. Most cities allow ordinances to go into
effect the day after final publication. This would reduce the amount of time a developer would
have to wait before a rezoning became effective, and expedite other amendments to the City
Code.
Policy Issues:
Staff is seeking direction from the Council regarding the proposed alterations to the process
through which ordinance amendments are approved. Staff feels that simplifying the process will
have a positive impact on the ability for projects to move through the City, and facilitate more
timely amendments to the Code. Further, it would reduce the amount of time staff spends
processing these types of items. Another important benefit to simplifying the process is to
improve the City's customer service; reducing the amount of time it takes to get approval of a
PUD, and to increase the ability for the City to be nimble in responding to market demand that
might be ahead of the current regulations.
If the Council directs staff to proceed with the alterations, staff would then draft a resolution
outlining the new process to be brought to the City Council for approval at a future meeting.
Attachments:
Existing Process
Proposed Process
Resolution 1981-057
Our Vision: We envision Brooklyn Center as a thriving, diverse community with afull 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
Iiri(.IsIw
PUD Approval Process
Public Hearing Notice
is Published for PC
Meeting
Planning Commission
holds Public Hearing and
makes recommendation
to CC on the establish-
ment of a PUD
City Council takes Action
on the Establishment of
the PUD
City Council Holds 1st
Reading of PUD Rezoning
and calls Public Hearing
for 2nd reading
PUD Rezoning is publishe
in the paper with a notice
for public hearing
City Council Holds 2ndfl
reading and public hearing
(At least 30 days after 1st
I .eading)
Rezoning is Published
Zoning Code
Amendment ProcesslHearing Notice
ished for PC
ng
Planning Commission
holds Public Hearing
and makes recommen-
dation to CC
City Council Holds 1st
Reading and calls for
Public Hearing and 2ndLReading
Full text of Ordinance is
published in the paper
with notice for Public
1earing
(City Council Holds 2nd
reading and public hearing
(At least 7 days following
Publication)
q xt Te of Ordinance
endment is Pub-
ed
Ordinance Becomes
Effective 30 days after
Publication
City Code
Amendment Process
City Council Holds 1st
Reading and calls for
Public Hearing and 2nd
reading
Full text of Ordinance is
published in the paper
with notice for Public
Jearing
City Council Holds 2nd
reading and public hearing
(At least 7 days following
1publication)
(
Full Text of Ordinance
Pub-
lished
Ordinance Becomes
Effective 30 days after
Publication
Rezoning becomes
Effective 30 days after
Publication
City Council ApprovesLPUD Agreement J
PUD Approval Process
Public Hearing Notice
is Published with sum-
maryof the PUD Re-
zoning Ordinance
Planning Commission holds
Public Hearing and makes
recommendation to CC on
the establishment of the
PUD and PUD Rezoning
ordinance
City Council Approves
Establishment of PUD,
authorizes execution of a
PUD Agreement, and
Holds 1st Reading for PUD
Rezoning Ordinance
(6ty Council Holds 2nd
reading and final adoption
of PUD Rezoning ordi-
nance
PUD Rezoning Ordi-
nance is Published
PUD Rezoning be-
comes Effective 30
days after Publication
Zoning Code
Amendment Process
Public Hearing Notice
is Published with sum-
mary of the proposed
amendment
Planning Commissionfl
holds Public Hearing and
makes Recommendation
to CC J
City Council Holds 1s ')
Reading as a Council
Consideration Item
(City Council Holds 2nd
reading and Authorizes
Publication of Ordinance
Summary by resolution
I ryofOrdinance
ment is Pub-
)
Ordinance Becomes
Effective 30 days after
Publication
City Code
Amendment Process
Notice of me e ti ng * is
Published, with Summary
Ordinance Lang uage **
City Council Holds
Reading as a Council
Consideration Item*
'City Council Holds 2nd
reading, adopts ordinance
and authorizes publication
of ordinance summary by
resolution
I yofOrdinanc
ndment is Pub-
d
nance Becomes
Effective 30 days after
Publication
* A public hearing is not required
for a City Code amendment; how-
ever, if the Council wants to hold
one, it could be done as part of
the 1st Reading
** The ordinance summary must
be published at least one week
prior to the 2nd reading.
Staff-proposed City Code amendment process: Staff presents the concept for the amendment to the City
Council at a work session and seeks direction on whether the Council is interested in exploring the amend-
ment, and what issues/concerns the Council may want addressed as part of the review and drafting of the
amendment. If the Council wishes to proceed, they would then refer the item to the appropriate Commis-
sion or Committee for review and recommendation. At the point that the Commission or Committee is pre-
pared to offer a recommendation to proceed with an amendment to the City Code, the above process would
begin depending on whether it was an amendment to the Zoning Code, or another Chapter in the City Code.
Member Celia Scott introduced the following resolution
and moved its adoption:
RESOLUTION NO. 81'-57
U RESOLUTION ESTABLISHING A POLICY FOR THE PUBLICATION OF CITY
ORDINANCES AND ORDINANCE AMENDMENTS
WHEREAS, the City Council and Charter Commission of the City of
Brooklyn Center have reviewed the City Charter and in particular examined
those sections of the Charter relating to publication of ordinances; and
WHEREAS, there is a need to clarify the interpretation of these
provisions.
NOW, THEREFORE, BE IT RESOLVED that the City Council's direction
and policy for publishing ordinances in accordance with the Charter
provisions will be as follows:
1.The City Council shall be provided with copies of proposed
ordinances or ordinance amendments when it establishes and
approves the proposed ordinance or ordinance amendment at
a "firt reading".
2.Upon approval of the first reading text, a full and com-
plete copy of the proposed ordinance or ordinance amendment
shall be published in the City's official newspaper at
least seven (7) days prior to the City Council's considera-
tion for final passage (second reading).
3. If the ordinance or ordinance amendment is approved by the
City Council with no changes to the published text, the City
Clerk shall then cause to be published in the official
newspaper a "notice of ordinance passage" which contains a
brief description of the ordinance or ordinance amendment
and the date on which it was published.as a first reading.
This notice shall further state that the full text of the
ordinance or ordinance amendment is available for inspection
at the City Clerk's office. Should the Council modify the
ordinance or ordinance amendment as originally published,
then the City Clerk shall publish the full text of the
modified ordinance or ordinance amendment as amended by the
City Council in its final approval (second reading) in the
official newspaper.
Ma r ch 9,. 1981 -
Date
mayoyl'^
ATTEST:
^le rk
The motion -for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler , and upon vote being taken thereon, the following
voted in favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka,
and Celia Scott;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.