HomeMy WebLinkAbout2018-06-07 APAFFIDAVIT Oir PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
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SP Brooklyn Ctr/Brooklyn Park
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of.
HENNEPIN
and has full knowledge of the facts stated
below:
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the requirements constituting qualifica-
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by Minn. Stat. §331A.02.
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week, for 1 successive week(s); the first
insertion being on 06/07/2018 and the last
insertion being on 06/07/2018.
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By: Olt
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/07/2018 by Darlene MacPherson.
MARY ELIZABETH KNAPP
NOTARY PUBLIC . MINNESOTA
MV Cofllfnlwon Expires Jan. 31 2023
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Ad ID 822042
CITY OF
BROOKLYN CENTER
NOTICE OF ORDINANCE
ADOPTION ORDINANCE
NO. 2018-05 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 au-
thority under Minnesota Statutes,
section 462.355, subdivision 4 to
adopt an interim ordinance to regu-
late or impose restrictions on uses
if it has scheduled a hearing for the
purpose of considering an amend-
ment to its official controls;
b. The adoption of an interim or-
dinance does not require a public
hearing and is not subject to the
City's standard ordinance adop-
tion 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 pro-
cess of considering an amendment
to Chapter 35 of the Brooklyn Cen-
ter 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 ef-
forts to promote economic devel-
opment 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 or-
dinance, 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 Develop-
ment Authority of Brooklyn Center,
Minnesota ("EDA") within the 1-1,
1-2, or C-2 districts subject to com-
pliance with all of the following re-
quirements 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 stor-
age of the vehicle that, at a mini-
mum, address each of the follow-
ing:
1. Security for the Property, in-
cluding how access to the Property
will be controlled;
2. The area on the Property that
may be used for the storage of ve-
hicles;
3. The length of the temporary
lease and that the use of the Prop-
erty for vehicle storage may only
occur upon issuance of a certifi-
cate of compliance and must cease
if the proposed amendment to the
Code to allow the use is not adopt-
ed 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 au-
tomobile dealership's business
operations may be stored on the
Property;
c. Vehicles may only be brought
to or removed from the Property
concurrent with the dealership's
hours of operation, or Monday
through Saturday, between the
hours of 8:00 a.m. and 9:00 p.m.,
whichever is more restrictive;
c. No signage, other than mini-
mal directional signage internal to
the site, shall be permitted on the
Property;
d. No vehicle repairs, sales,
cleaning or detailing shall occur on
the Property;
e. Only employees or contrac-
tors of the automobile dealership
shall be allowed on the Property
related to the storage use;
f. 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
g. An approval issued pursu-
ant 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 automo-
bile dealership if adopted, whichev-
er occurs first.
Article IV. Penalty. A violation of
this interim ordinance is punishable
as a misdemeanor.
Adopted this 29th day of May,
2018.
Mayor Tim Willson
ATTEST: City Clerk Barb Suciu
Effective Date: May 29, 2018
Published in the
Brooklyn Center Sun Post
June 7, 2018
822042