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2018 07-09 CCP Regular Session
A G E ND A C I T Y C O UNC I L S T UD Y S E S S I O N J uly 9, 2018 6:00 P M City Council Chambers A copy of the full City Council packet it available to the public. T he packet ring binder is located at the podium. 1.Call to Order - 6:30 p.m. The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the podium. 2.M iscellaneous 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C IT Y C O UNC IL M E E T I NG City of B rooklyn Center J uly 9, 2018 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. Provides an opportunity for the public to address the C ounc il 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 c ampaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time for problem solving or reac ting to the comments made but, rather, for hearing the c itizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business M eeting The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the podium. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are c onsidered to be routine by the C ity Council and will be enac ted 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 c onsent agenda and considered at the end of Council Consideration I tems. a.Approval of Minutes b.L icenses c.Resolution A pproving a Transfer of F unds from the General Fund and the Municipal L iquor S tore Fund to the Capital I mprovements F und d.Resolution A pproving Transfer of Funds from the E arle B rown Heritage Center Operating F und to Earle Brown Heritage Center Capital Fund e.Resolution A ccepting Work Performed and Authorizing Final P ayment, Project Nos. 2016-01, 02, 03, 04 and 12, Palmer L ake West Area Street and Utility I mprovements 7.P resentations/Proclamations/Recognitions/Donations a.Resolution A ccepting CenterPoint E nergy Community Partnership Grant 8.P ublic Hearings a.An Ordinance A mending Ordinance No. 2016-08 Regarding Council S alaries for 2019-2020. - Motion to open P ublic Hearing - Take public input - Motion to close Public Hearing - Motion to adopt Ordinance b.An Ordinance A mending Chapter 1 of the City Code of Ordinances Regarding A nimals - Motion to open P ublic Hearing - Take public input - Motion to close Public Hearing - Motion to adopt Ordinance 9.P lanning Commission Items a.Planning Commission A pplication No. 2018-010, Submitted by L inda Mc Ginty (T he L uther Company, L L L P ), Requesting I ssuance of an I nterim Use Permit for the Off-S ite Storage of New Vehicles (L ocated at 5900 Shingle Creek Parkway) -Motion to adopt resolution. b.Planning Commission A pplication No. 2018-011, S ubmitted by L ux Apartments, L L C, Requesting A pproval of an Amendment to the 1992 Planned Unit Development Plans and Documents and Site I mprovements to Allow for the Conversion of a Former S enior L iving Facility to Market Rate Apartments (L ocated at 6100 S ummit Drive North) - Motion to approve resolution. 10.Council Consideration Items a.Type I V - 6 Month Provisional Rental L icense for 7131 Halifax Ave N b.Resolution A pproving a Type I V-6 Month P rovisional Rental L icense for 5351 I rving Ave N 11.Council Report 12.Adjournment COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:R eggie Edwards, Deputy C ity Manager F R O M:R ozlyn Tous ignant, Deputy C ity C lerk S UBJ EC T:Approval of Minutes Recommendation: It is recommended that the C ity C ounc il c onsider approving the minutes for the June 25, 2018 S tudy S ession, R egular S ession, and Work S ession. Background: All minutes are cons idered draft until approved by the C ity C ounc il. Requested Council Action: Budget Issues: 1. June 25, 2018 S tudy S es s ion 2. June 25, 2018 R egular S ession 3. June 25, 2018 Work S ession S trategic Priorities and Values: O perational Exc ellenc e 06/25/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 25, 2018 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, 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. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None. MISCELLANEOUS None. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS YOUTH ART CONTEST DISCUSSION – COMMUNITY DEVELOPMENT DIRECTOR MEG BEEKMAN Councilmember Graves asked how many applications have been submitted for the contest. Ms. Beekman stated she doesn’t have those numbers but she will get them and update the Councilmembers. Councilmember Graves suggested spreading the word about the art contest by mouth may be more powerful than using social media to advertise it. It was the majority consensus of the City Council to move forward with staff recommendations. ADJOURNMENT Councilmember Ryan moved and Councilmember Butler seconded to close the Study Session at 6:18 p.m. 06/25/18 -2- DRAFT Motion passed unanimously. 06/25/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 25, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and 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, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Melina Garcia, 6913 France Avenue North, addressed the City Council. She stated she and others have seen pan handlers moving into the residential area of her neighborhood at the corner of her block. She stated he has been seen laying on the median and leaving garbage around and she is concerned he is not of sound mental mind and/or under the influence. Dave Hreha, 4811 63rd Avenue North, addressed the City Council. He stated the City re-sodded the corner outside his house a few years ago and since it has grown uncontrollable weeds and he would like to request the City have it re-sodded. He stated he will pay for anything he needs to in order to get it fixed. April Heckard, 6907 France Avenue North, addressed the City Council. She stated the City did some construction in front of her house that left a lot of holes in her yard. She contacted the City about this issue but she is still hasn’t received a call back and would like to know when her yard will be repaired. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION 06/25/18 -2- DRAFT Councilmember Butler recited a quote by Maya Angelou as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, 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. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda as submitted, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 11, 2018 – Study/Work Session 2. June 11, 2018 – Regular Session 6b. LICENSES MECHANICAL 2 Cool 2 Heat, LLC 852 86th LN NW, Coon Rapids A ABC Appliance & Heating Inc. dba: Total Comfort 8818 7th Ave N, Golden Valley Appliance Connections Inc. 12850 Chestnut Blvd, Shakopee Bonfe Plumbing & Heating & Air Services, Inc. 455 Hardman Ave, South St. Paul Custom Refrigeration 640 Mendelssohn Ave N, Golden Valley Freedom Heating & Air 888 County Rd D West, Ste. 205, New Brighton K&S Heating A/C & Plumbing Inc. 4205 HWY 14W, Rochester Larson Plbg 3095 162nd La NW, Andover 06/25/18 -3- DRAFT Legacy Mechanical Services 1717 120th St NE, Monticello McQuillan Bros Plumbing, Heating & AC 1711 MN 36 E, Maplewood Northern Air Heating and Cooling 888 County Rd D W, New Brighton OT Heating & Cooling LLC 10020 Dogwood St NW #A3, Coon Rapids Perfection Heating & Air Inc. 1770 Gervais Ave, Maplewood Riccar Heating & A/C 2387 Station Parkway NW, Andover Royalton Heating & A/C 4120 85th Ave N, Brooklyn Park Select Mechanical 6219 Cambridge Street, St. Louis Park Treated Air Company 9954 166th Ct SE, Becker United Heating & A/C Inc. 1295 Hackamore Road, Medina Westair Inc. 11184 River Road NE, Hanover AMUSEMENT DEVICE Mendota Valley Amusement, Inc. 6110 Brooklyn Blvd Mendota Valley Amusement, Inc. 6845 Shingle Creek Parkway GARBAGE HAULER Curbside Waste 4025 85th Ave N, Brooklyn Park Walz Brothers Sanitation P.O. Box 627, Maple Grove RENTAL INITIAL (TYPE III – one-year license) 5542 Irving Avenue N Doug Wahl RENEWAL (TYPE III – one-year license) 1302 69th Avenue N Myra Chazin 4216 Lakebreeze Avenue Daniel Tan 2012 55th Avenue N Invitation Homes (Missing cpted) 5600 Colfax Avenue N Thai Vang 6618 Colfax Avenue N Khemraj Changrawatie 6642 Dupont Avenue N Kevin Motarjemi 6724 France Avenue N Jessica Stoll 4214 Lakeside Avenue James & Gloria Shoultz (Missing 1 ARM Meeting) 6424 Marlin Drive Charles Jing Bright (Missing cpted) 7224 Noble Avenue N Quoc Ai Nguyen RENEWAL (TYPE II – two-year license) 3501 47th Avenue N Todd Burmeister 06/25/18 -4- DRAFT 3224 62nd Avenue N Michael Mills 1300 68th Lane N Grant and Pam Osgood 5333 Dupont Avenue N RHA 3, LLC 5712 Northport Drive Cindy & Raymond Scherbing 6900 Quail Michael Johnson RENEWAL (TYPE I – three-year license) 5200 France Avenue N Christian Knutson 5930 Aldrich Avenue N Lori Kay Stevenson 6001 Emerson Avenue N Keith Carrico 5325 France Avenue N David Goeske 1549 Humboldt Place N ShoeMiller Properties LLC 5740 Logan Avenue N Lin Shuang LLC 6000 Vincent Avenue N Patricia Slatosky 6c. RESOLUTION NO. 2018-126 APPOINTING ELECTION JUDGES FOR 2018 ELECTIONS 6d. RESOLUTION NO. 2018-127 AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY TO SUBMIT A MINNESOTA INVEST FUND APPLICATION ON BEHALF OF GET BIZZY, INC. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION BY SHANNON FULL, PRESIDENT/CEO OF TWIN WEST CHAMBER OF COMMERCE This item will be rescheduled as Shannon Full was not available this evening. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-06 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-1, I-2, AND C-2 ZONING DISTRICTS Planner and Zoning Administrator Ginny McIntosh introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan asked what the time limit would be for this permit. Ms. McIntosh stated it is on a case-to-case basis. She stated the Luther Auto Dealership has the 5900 Shingle Creek Parkway site which is part of the Opportunity Site. 06/25/18 -5- DRAFT City Manager Curt Boganey explained that the ordinance being discussed tonight is not specific to any site or permit. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2018-06 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-1, I-2, and C-2 Zoning Districts. Motion passed unanimously. 8b. ORDINANCE NO. 2018-07 AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES REGARDING MEDIAN SAFETY Police Chief Tim Gannon introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Mayor Willson stated over the past two years due to concerns and outreach from citizens, they have looked at other cities that address this issue and have not found anything that has held up in court. He stated the City Attorney has drafted a narrow and specific document that he is confident the courts will accept. He noted they found a lot of case law which had been thrown out in the past because they were vague in sites. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Melina Garcia, 6913 France Avenue North, addressed the City Council. She stated she has been living in Brooklyn Center since 2011 and noted she has seen an increase in panhandlers on the medians. She noted the City is a leader in the auto industry and she doesn’t think it looks good. She asked if the ordinance is passed and she sees this issue in her area, what type of resolution could she expect. 06/25/18 -6- DRAFT Mayo r Willson stated she can call 911 and state it’s a non-emergency but that way her concerns will be documented. Ms. Garcia asked what she can do about signs that were zip-tied to the signs on the corners around her neighborhood. Mayor Willson stated she can go online and make a complaint on the website or call 911 and note it is a non-emergency call. Mr. Boganey stated also calling City Hall she will be routed to the appropriate person who can help her. April Heckard, 6907 France Avenue North, addressed the City Council. She asked where the definition of high traffic they used for the ordinance comes from. Mayor Willson stated it is from traffic studies. Ms. Heckard noted her neighborhood shouldn’t be high traffic but she notes a lot of cars coming and going through the night. She stated there is a panhandler who showed up a few weeks ago and is there all day and night right on the other side of her yard. She doesn’t like that the panhandlers can see her coming and going and knows her daily schedule, she stated she chose her neighborhood because it was comfortable and safe for her daughter and no longer feels safe. Susan Arneson, 3818 57th Avenue North, addressed the City Council. She asked if there will be signage posted on the medians if this ordinance is passed. Mayor Willson stated some of the roads owned by Hennepin County have already been putting up signs on their streets. Mr. Boganey stated they are not sure about that, he stated it will be discussed if the ordinance is passed this evening. He stated they are hoping that citations and letting people know it is not allowed will be enough action but following that if it continues to be an issue then they would probably look at posting signs. Timothy Haroldson, 1207 72nd Avenue North, addressed the City Council. He stated White Bear Lake has an ordinance that pertains to this issue, he stated the boarder of Maplewood and White Bear Lake you can see the panhandlers only on the Maplewood side. He stated there are a few medians that wouldn’t be covered by this ordinance and noted if this passes they may want to keep an eye out for those places and increased panhandlers there. Mr. Boganey stated this ordinance won’t solve all the problems, but it is intended to help. City Attorney Troy Gilchrist stated courts have stated public walkways are free space and people can be there so the courts are struggling with how to focus on safety concerns without breaching the public’s rights of expression. Councilmember Lawrence-Anderson stated she has in cases told business owners about any panhandlers on their property and in most cases, they address the issue. 06/25/18 -7- DRAFT Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt ORDINANCE NO. 2018-07Amending Chapter 25 of the Code of Ordinances Regarding Median Safety Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2018-009, SUBMITTED BY NEAL THAO OF NOBLE ACADEMY, REQUESTING APPROVAL OF A SITE PLAN FOR A DRIVEWAY EXPANSION (LOCATED AT 6201 NOBLE AVENUE NORTH) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-009 and advised the Planning Commission recommended approval of the applications at its June 14, 2018 meeting. Ms. McIntosh answered questions of the City Council regarding the request for approval of a site plan for a driveway expansion (located at 6201 Noble Avenue North). Councilmember Ryan stated he wanted to clarify that there wouldn’t be any bus storage onsite. Ms. McIntosh stated that is correct, the school contracts the buses and that business stores the buses offsite. Councilmember Ryan asked if the applicant will need to restore the landscaping to its original stated after expanding the sidewalk. Ms. McIntosh stated that is correct. Councilmember Butler asked if residents were happy with the result of the site plans when they left the Planning Commission meeting. Ms. McIntosh stated not all of them were pleased and noted some are here tonight. Councilmember Lawrence-Anderson stated her kids went to Odyssey School a long time ago. She stated they played on the hill and it will not be the same without it. She stated she is not in support of removing the hill. Councilmember Butler stated she is uneasy about approving this site plan due to the large number of residents being opposed to this project. She stated she agrees with Councilmember Lawrence-Anderson and is not in support of the site plan. Mayor Willson stated he understands that residents are not happy about the hill being removed for the bus lane to be installed, but noted the applicant owns the land and he doesn’t see any legal reasons in which the city can’t approve the application. 06/25/18 -8- DRAFT Councilmember Ryan asked if it would be appropriate to allow the residents present tonight to speak to their concerns and hold a brief open hearing. Mayor Willson stated that would be fine and asked for a motion to open a public hearing. Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Ann Dahlin, 6208 Perry Avenue North, addressed the City Council. She stated they are in favor of the school but their concerns are that the developer left the residents out of the picture. She stated this is not a small upgrade and she stated in her research using a staggered drop off and pick up has worked well and she doesn’t see the need to do any work on the hill or green space. Marcos Carmona, 6202 Perry Avenue North, addressed the City Council. He stated his concern is the negative impact this project has on the green area around the school and their neighborhood. Jerry Dahlin, 6208 Perry Avenue North, addressed the City Council. He stated they are against the revised plan and also are against the entire plan in general. He noted they were blindsided and it was not brought up until 10 days ago and they have been acting ever since. Kerry Dahlin, 6208 Perry Avenue North, addressed the City Council. She stated the developers don’t want to destroy the area, its green and beautiful and the school doesn’t know what they are getting rid of. Councilmember Ryan asked how the traffic flow was in the past. Ms. Dahlin explained they would pull in off 63rd turn onto Noble and pull through the drive through at the front door and then turn right onto Noble and make a circle. Mohammed Remtula, 6220 Perry Avenue North, addressed the City Council. He stated he wants to thank the City for all they do. Mr. Vang, contractor for the applicant, addressed the City Council. He apologized for the residents’ feeling side-blinded by the project. He stated it was not intentional; they were following the process laid out by the City. He stated the hill on Perry Avenue will remain as it was once it is re-sodded. He noted the other hill will have some minor modifications but it will not change much. He addressed the concerns regarding traffic during the day and stated they will be gating the 63rd exit so when school is out, traffic is not coming and going. Councilmember Ryan asked if they can make the turn for the bus lane on the original plan wider. Ms. McIntosh stated it would be tight. She stated per the fire inspection it will need a 20-foot wide turn. Councilmember Lawrence-Anderson stated she is familiar with the space and charter schools and the way it was running before was fine with a staggered pick-up and drop-off schedule for the buses. She stated she can’t support the green space and hill being removed. 06/25/18 -9- DRAFT Councilmember Graves asked how long they think the project will take to completed. Mr. Vang stated they hope to be done by mid-August. City Attorney Gilchrist addressed the Mayor’s statement regarding the fact the property belongs to the applicant and the City Council doesn’t have much recourse to deny the applicant the right to do whatever on that land unless it doesn’t meet a City Code or Ordinance. He noted the scope of discretion narrows as the City Council gets closer to the administrative levels. Councilmember Ryan asked if they could place conditions on the permit, limiting the amount of green space and hill that the applicant can remove. City Attorney Gilchrist stated they can place a condition that states the applicant will work with staff to minimize impact on that space, but noted that doesn’t guarantee anything. Marcos Carmona, Jr., 6202 Perry Avenue N, addressed the City Council. He stated he noticed the applicant is building the outside classroom in a location where children will have to cross the parking lot to get to it. He stated he doesn’t think that is safe and that it contradicts the applicant’s main reason for putting in the new bus lane, safety of the children. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Mayor Willson seconded to approve Planning Commission Application No. 2018-009, Submitted by Neal Thao of Noble Academy, Requesting Approval of a Site Plan for a Driveway Expansion (Located at 6201 Noble Avenue North). Councilmember Lawrence-Anderson and Councilmember Butler voted against the same. Motion passed. Councilmember Ryan moved and Mayor Willson seconded to amend the approval of Planning Commission Application No. 2018-009, Submitted by Neal Thao of Noble Academy, Requesting Approval of a Site Plan for a Driveway Expansion (Located at 6201 Noble Avenue North), to direct staff to work with applicant to minimize the effect on the hill and green space on the property. Councilmember Lawrence-Anderson and Councilmember Butler voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. 06/25/18 -10- DRAFT 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 10a1 through 10a10. 10a1. RESOLUTION NO. 2018-128 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7240 WEST RIVER RD 10a2. RESOLUTION NO. 2018-129 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3106 64TH AVENUE NORTH 10a3. RESOLUTION NO. 2018-130 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE 5410 GIRARD AVENUE 10a4. RESOLUTION NO. 2018-131 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5302 HUMBOLDT AVENUE NORTH 10a5. RESOLUTION NO. 2018-132 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH 10a6. RESOLUTION NO. 2018-133 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7031 HUMBOLDT AVENUE 10a7. RESOLUTION NO. 2018-134 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6413 JUNE AVENUE NORTH 10a8. RESOLUTION NO. 2018-135 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7030 REGENT AVENUE NORTH 10a9. RESOLUTION NO. 2018-136 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6424 SCOTT AVENUE NORTH 10a10. RESOLUTION NO. 2018-137 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4734 TWIN LAKE AVENUE Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following and adopt RESOLUTION NO. 2018-128 Approving a Type IV Rental License for7240 West River Road; RESOLUTION NO. 2018-129 Approving a Type IV Rental License for 3106 64th Avenue North; RESOLUTION NO. 2018-130 Approving a Type IV Rental License for 5410 Girard Avenue North; RESOLUTION NO. 2018-131 Approving a Type IV Rental License for 5302 Humboldt Avenue North; RESOLUTION NO. 2018-132 Approving a Type IV Rental License for 6765 Humboldt Avenue North; RESOLUTION NO. 2018-133 Approving a Type IV Rental License for 7031 Humboldt Avenue North; RESOLUTION NO. 2018-134 Approving a Type IV Rental License for 6413 June Avenue North; RESOLUTION NO. 2018-135 Approving a Type IV Rental License for 7030 Regent Avenue North; RESOLUTION NO. 2018-136 Approving a Type IV Rental License for 6424 Scott Avenue North; and RESOLUTION NO. 2018-137 Approving a Type IV Rental License for 4734 Twin Lake Avenue, 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. 06/25/18 -11- DRAFT 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 20, 2018: Neighborhood Meeting • June 21, 2018: Earle Brown Days Parade • June 30, 2018: Saturday night fireworks Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 26, 2018: MAC Meeting • June 29, 2018: Volunteering, selling tickets Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • June 16, 2018: Juneteenth Celebration and Tator Days Festival • June 20, 2018: Neighborhood Meeting • June 21, 2018: Earle Brown Days Parade • June 23, 2018: Earle Brown Days Family Festival Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • June 20, 2018: Neighborhood Meeting • June 21, 2018: Earle Brown Days P arade • June 23, 2018: Earle Brown Days Family Festival Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • June 11, 2018: Returned from US Conference of Mayors • June 15, 2018: Meeting with Mr. Boganey • June 19, 2018: Rotary Meeting • June 20, 2018: Neighborhood Meeting • June 21, 2018: Earle Brown Days Parade • June 22, 2018: Meeting with Saint Alfanso Group Assembly 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 9:30 p.m. Motion passed unanimously. 06/25/18 -1- 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 JUNE 25, 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 9:49 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. FORMER JERRY’S FOOD SITE CONCEPT REVIEW AND DISCUSSION – COMMUNITY DEVELOPMENT DIRECTOR MEG BEEKMAN Community Development Director Meg Beekman provided an overview on this item. Mr. Laux addressed the City Council/EDA. He stated he is here tonight to see if the plan he has for putting a charter school into the old Jerry Foods Site is something the City Council/EDA might be interested in allowing. He stated his company has created 5 charter schools to date and another school is looking for a building and he thought this site would be a great fit to build it into their 6 th school. He explained how he got started in the business of building charter schools and why he enjoys it. He explained they do a lease aid model so the money for the building doesn’t come from the budget of the school. He stated the school would be K-8th grade. He stated he sees the other space around the school being used as a daycare potentially, a dental office or anything the City feels fits with their vision. He stated he needs a building ready for a school year set to start in July so he is very limited on time for this project and is just looking for an informal idea if the City would be open to this type of business in that location so he can move forward either way. Mayor/President Willson stated the Jerry Foods site has a long history and despite attempts to do so, the owner of the property wouldn’t sell it to the City. He stated he is both amazed and happy that they have been able to secure a purchase agreement for the property. Mayor/President Willson asked if the property will stay on the tax rolls. 06/25/18 -2- DRAFT Mr. Laux stated he anticipates it will, unless the charter school decided to form an ABC corporation, which he noted is unlikely. Councilmember/Commissioner Ryan stated he is skeptical about this project due to the fact that this plan is not in the Comp Plan. He noted he sees the value of charter schools but he doesn’t see this space being what he envisions for that site. He stated he thinks there may be a place for a charter school in the next phase of the Opportunity Site plans. Mayor/President Willson stated he wouldn’t want to rule out this type of development in lieu of waiting another 20 years before something else comes along to be built in that space. He stated he likes that they are putting something there, creating jobs, paying taxes, and likes what they would be doing for the community. Councilmember/Commissioner Graves asked if he can disclose any information on the type of school or who the tenant might be. Mr. Laux stated he can’t disclose at this time but he knows who the tenant would be and noted they have great curriculum. Councilmember/Commissioner Lawrence-Anderson stated she is intrigued and stated when thinking about the Comp Plan because they are going to be building more homes it would be nice to have a daycare in the neighborhood. She stated she doesn’t think there are many currently. She stated she would be very interested to learn more about what they have planned for this site. The majority consensus of the City Council/EDA was that they are open to seeing more information from Mr. Laux in the future about this site plan. ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 10:27 p.m. Motion passed unanimously. COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:R eggie Edwards, Deputy C ity Manager F R O M:R ozlyn Tous ignant, Deputy C ity C lerk S UBJ EC T:Lic enses Recommendation: It is recommended that the C ity C ounc il c onsider approval of the following licens es on July 9, 2018. Background: The f ollowing businesses/persons have applied for C ity licenses as noted. E ach business/person has f ulf illed the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. A pplicants for rental dwelling licenses are in compliance with C hapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. G AR B AGE HAULE R Allied Waste S ervices of North Americ a LLC 8661 R endova S treet NE, C irc le P ines Darling Ingredients, Inc 9000 382nd Avenue, Blue Earth F armers Union Indus tries P.O . Box 26, R edwood F alls LeP age & S ons Inc .23602 Univers ity Avenue NW, Bethel ME C HAN IC AL All applianc e Installation P lus P.O . Box 133, C ambridge Anders on's R es idential Heating 1628 C ounty R oad 10 #34, S pring Lake P ark C rown Mec hanical 1670 S . R obert S t. #132, West S t. P aul H2C Inc . Heating C ooling & P lumbing 820 N. C oncord S treet, S outh S t. P aul Homeworks P lumbing, Heating Air 1230 Eagan Indus trial R oad, S uite 117, Eagan Metro Heatings & C ooling LLC 1220 C ope Ave E, Maplewood O wens C ompanies Inc .930 E. 80th S t, Bloomington R esidential Heating and Air 1815 E. 41s t S t, S uite A, Minneapolis S IG N HAN G E R G K and M Enterpris es Inc .1517 94th Lane NE, Blaine Jones S ign C ompany 1711 S cheuring R oad, De P ere, W I 54115 S pec trum S ign S ystems , Inc.8786 Wes t 35W S ervice Drive NE, Blaine VEO S ign LLC 6353 Martin Ave NE, O stego T R AN S IE N T AC C O MOD AT IO N S - LE VE L I Q uality Inn 1600 James C ir N Requested Council Action: Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity COUNCIL ITEM MEMORANDUM 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 Rental License Category Criteria Policy – Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0 .5 0 Budget Issues: There are no budget issues to consider. Pr o p e r t y A d d r e s s Dw e l l i n g Ty p e Re n e w a l or I n i t i a l Ow n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e Po l i c e CF S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * 17 0 6 A m y L a S i n g l e F a m i l y I n i t i a l S e s a n O g u n n i r a n 1 I N / A I 68 1 6 F r e m o n t P l N S i n g l e F a m i l y I n i t i a l A l i S a j a a d 7 I I I N / A I I I Be a r d A v e n u e A p a r t m e n t s 61 0 1 B e a r d A v e N 1 B l d g 24 U n i t s R e n e w a l Ke v e n R i l e y (M i s s i n g 2 A R M M e e t i n g s ) 24 (1 / U n i t ) I I 1 (. 0 4 / U n i t ) I I I I I I 38 1 5 5 2 n d A v e N S i n g l e F a m i l y R e n e w a l J e f f r e y S a n d b e r g 3 I I 0 I I I 48 0 6 6 9 t h A v e N Si n g l e F a m i l y R e n e w a l P r o p e r o u s P r o p e r t y 1 I 1 I I I 15 0 0 7 2 n d A v e N S i n g l e F a m i l y R e n e w a l T h o m a s L e 3 I I 0 I I I I 68 3 1 D r e w A v e N Si n g l e F a m i l y R e n e w a l Da v i d G a r d n e r 2 I I 0 I I I 23 3 1 E r i c o n D r Si n g l e F a m i l y R e n e w a l Sc o t t T e r h a a r 2 I I 0 I I I 65 3 2 F r a n c e A v e N Si n g l e F a m i l y R e n e w a l Ch e n Z h o u 5 I I I 0 I I I I I 48 0 6 H o w e L a Si n g l e F a m i l y R e n e w a l Pr o s p e r o u s P r o p e r t y , L L C 1 I 0 I I 57 2 0 L o g a n A v e N Si n g l e F a m i l y R e n e w a l J e n i f f e r K u r i a 1 I 0 I I I 28 1 2 O h e n r y R d S i n g l e F a m i l y R e n e w a l M a i n s ' l P r o p e r t i e s 2 I I 0 I I I 63 4 2 O r c h a r d A v e N Si n g l e F a m i l y R e n e w a l A r t Z i n k 0 I 1 I I V 67 0 0 P e r r y A v e N S i n g l e F a m i l y R e n e w a l P W S H o l d i n g s , L L C 0 I 0 I I 51 1 5 T w i n L a k e B l v d E S i n g l e F a m i l y R e n e w a l R u t h E . C i o n i 0 I 0 I I * C F S = C a l l s F o r S e r v i c e f o r R e n e w a l L i c e n s e s O n l y ( I n i t i a l L i c e n s e s a r e n o t a p p l i c a b l e t o c a l l s f o r s e r v i c e a n d w i l l b e l i s t e d N / A . ) ** L i c e n s e T y p e B e i n g I s s u e d T y p e I = 3 Y e a r T y p e I I = 2 Y e a r T y p e I I I = 1 Y e a r ** * I n i t i a l l i c e n s e s w i l l n o t s h o w a p r e v i o u s l i c e n s e t y p e Al l p r o p e r t i e s a r e c u r r e n t o n C i t y u t i l i t i e s a n d p r o p e r t y t a x e s Re n t a l L i c e n s e s f o r C o u n c i l A p p r o v a l o n J u l y 9 , 2 0 1 8 COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Nathan R einhardt, F inance Director S UBJ EC T:R esolution Approving a Trans fer of F unds from the G eneral F und and the Munic ipal Liquor S tore F und to the C apital Improvements F und Recommendation: It is recommended that the C ity C ounc il c onsider adoption of the attac hed res olution authorizing the transfer of $149,630 from the G eneral fund and $185,707 from the Munic ipal Liquor S tore fund to the C apital Improvements fund. Background: In January 2014, the C ity C ounc il adopted a C ap ital P ro ject F unding P o licy whic h p ro vided fo r rec urring funding s o urc es for the C ity’s 15 year C apital Imp ro vement P lan (C IP ). T he respec tive fund ing sources and the transfer calc ulations are as follows: 1. T he audited year-end Unas s igned F und Balance within the G eneral fund that exc eed s 52% o f the next year ’s G eneral fund operating budget. 2. T he audited year-end c as h balance o f the Munic ip al Liquo r S to res fund that exc eed s three and o ne half (3.5) months of the operating budget and one year of the capital budget. C alculations of the amounts have been attached. Requested Council Action: Budget Issues: T he approval of thes e transfers s hould have no effects on the G eneral or Munic ip al Liquo r S to re funds , as the trans fers are of excess funds and/or cash balances. S trategic Priorities and Values: S afe, S ecure, S table C ommunity In January 2014, the City Council adopted a Capital Project Funding Policy which provided for recurring funding sources for the City’s 15 year Capital Improvement Plan (CIP). The respective funding sources and the transfer calculations are as follows: 1) The audited year-end Unassigned Fund Balance within the General fund that exceeds 52% of the next year’s General fund operating budget: 2017 Audited - General Fund Ending Fund Balance 11,355,203$ General Fund - 2016 Nonspendable Fund Balance (105,634) General Fund - 2017 Unassigned Fund Balance 11,249,569 2018 Budget - General Fund Operations 21,346,036 Excess Funds Percentage 52% Policy - Target Fund Balance 11,099,939 Recommended Transfer 149,630$ 2) The audited year-end cash balance of the Municipal Liquor Stores fund that exceeds three and one half (3.5) months of the operating budget and one year of the capital budget: 2017 Audited - Municipal Liquor Stores Cash Balance 2,027,330$ 2018 Budget - Cost of Goods Sold 4,695,247 2018 Budget - Operating Expenses 1,447,459 Total 2018 Operating Budget 6,142,706 Calculated - 3.5 Months of Operating Budget 1,791,623 2018 Budget - Capital Budget 50,000 Policy - Target Cash Balance 1,841,623 Recommended Transfer 185,707$ Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND WHEREAS, the City Council of the City of Brooklyn Center has adopted a Capital Projects Funding Policy; and WHEREAS, the audited year-end Unassigned fund balance within the General fund exceeded 52% of the next year’s General fund operating budget; and WHEREAS, the audited year-end cash balance within the Municipal Liquor Stores fund exceeded the combination of three and one half months of the following years operating budget plus the following years capital budget; and WHEREAS, the excess funds as calculated by the terms of the Capital Projects Funding Policy may be transferred from the General and Municipal Liquor Stores funds to the Capital Improvements fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that a transfer of $335,337 is made into the Capital Improvements fund, with $149,630 from the General fund and $185,707 from the Municipal Liquor Stores fund. July 9, 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. COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Nathan R einhardt, F inance Director S UBJ EC T:R esolution Approving Transfer of F unds from the Earle Brown Heritage C enter O perating F und to Earle Brown Heritage C enter C apital F und Recommendation: It is recommend ed that the C ity C o uncil c o nsider adoptio n of a res o lutio n autho rizing the trans fer o f $325,000 from the operating fund of the Earle Brown Heritage C enter to the C apital F und of the facility. Background: At the end o f eac h fisc al year the cash b alanc e in the Earle Brown Heritage C enter (E BHC ) operating fund is s ubjec ted to an analys is ac cording to a formula in the cash reserve polic y fo r the facility. T he fo rmula requires that the E BHC operating fund ho ld in cash the equivalent of the mo nthly average amount o f c as h deposits held for events booked at the facility plus one and one half times the average of c as h dis bursements per month. At the end o f 2017, the cash b alanc e in the EB HC o p erating fund was $1,574,083. T he required cash res erve calc ulated using the formula was $1,233,382. T he d ifferenc e o f $340,701 is availab le fo r transfer to the c apital fund of the EBHC . S taff rec o mmends moving $325,000 o f that amount available from the operating fund to the EBHC C apital fund. T he attached resolution authorizes such a trans fer. Requested Council Action: Budget Issues: T he ap p ro val of thes e trans fers should have no effec ts on the EB HC o p erating fund , as the trans fers are of exc es s funds and/or c as h balanc es . S trategic Priorities and Values: S afe, S ecure, S table C ommunity Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION APPROVING TRANSFER OF FUNDS FROM THE EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2017 indicated a balance of $340,701 available; and WHEREAS, $325,000 may be transferred from EBHC Operations to EBHC Capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $325,000 from the operating fund of the Earle Brown Heritage Center to the EBHC Capital Fund be and hereby is approved. July 9, 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. COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Doran C ote, P ublic Works Director F R O M:Mike Albers, C ity Engineer S UBJ EC T:R esolution Acc epting Work P erformed and Authorizing F inal P ayment, P roject Nos. 2016- 01, 02, 03, 04 and 12, P almer Lake Wes t Area S treet and Utility Improvements Recommendation: It is recommended that the C ity C ounc il approve the res olution acc epting work performed and authorizing final payment, Improvement P roject Nos. 2016-01, 02, 03, 04 and 12, P almer Lake Wes t Area S treet and Utility Improvements . Background: O n March 14, 2016, the C ity C ounc il awarded P rojec t Nos . 2016-01, 02, 03 and 04 to Kuec hle Underground, Inc. of Kimball, Minnesota for the c onstruc tion of the P almer Lake West Area S treet and Utility Improvements . Kuec hle Underground, Inc. has succ es s fully c ompleted the c onstruc tion work and is requesting final payment for the projec t. Requested Council Action: Budget Issues: T he original contrac t amount with Kuec hle Underground, Inc. for the projec t improvements was $5,584,536.81. T he total value of work certified for final payment is $5,185,540.10. T he total project c os t inc luding contingencies/administration/engineering/legal is $5,875,037.85 and was completed 13.9 percent under budget in the amount of $945,798.36. T he attached resolution provides a s ummary of the final amended c os ts and funding sources for the project. S trategic Priorities and Values: Key Transportation Inves tments Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NOS. 2016-01, 02, 03, 04 AND 12, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Kuechle Underground, Inc. of Kimball, Minnesota has completed the following improvements in accordance with said contract: Improvement Project Nos. 2016-01, 02, 03, 04 and 12, Palmer Lake West Area Street and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. Final payment shall be made on Improvement Project Nos. 2016-01, 02, 03, 04 and 12, Palmer Lake West Area 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 $5,185,540.10. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Original Award As Final Contract $5,584,536.81 $ 5,185,540.10 Lighting $ 100,799.40 $ 100,799.40 Contingency $ 454,000.00 $ 13,990.04 Subtotal Construction Cost $6,139,336.21 $ 5,300,329.54 Admin/Legal/Engr. $ 681,500.00 $ 574,708.31 Total Estimated Project Cost $6,820,836.21 $ 5,875,037.85 RESOLUTION NO. _______________ REVENUES As Original Award As Final Street Assessment $ 832,616.00 $ 832,616.00 Storm Drainage Assessment $ 249,745.00 $ 249,745.00 Sanitary Sewer Utility $1,214,549.60 $1,127,382.11 Water Utility Fund $1,321,771.40 $1,143,770.60 Storm Drainage Utility Fund $1,158,462.48 $1,001,621.01 Street Light Utility $ 119,799.40 $ 111,144.15 Street Reconstruction Fund $1,857,530.33 $1,301,793.07 Capital Projects Fund $ 44,258.00 $ 41,347.25 CenterPoint Energy $ 21,404.00 $ 19,666.00 School Access Imp. Agreement $ 0.00 $ 41,388.00 Miscellaneous $ 700.00 $ 4,564.66 Total Estimated Revenue $6,820,836.21 $5,875,037.85 July 9, 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. COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Doran C ote, P ublic Works Director S UBJ EC T:R esolution Acc epting C enterP oint Energy C ommunity P artners hip G rant Recommendation: It is recommended that the C ity C ounc il c onsider approval of a res olution acc epting C enterP oint Energy C ommunity P artnership G rant. Background: C enterP oint Energy has awarded grants to c ities s erved by the c ompany through the C ommunity P artnership G rant P rogram. In 2018, the program will award grants for up to $2,500, giving priority to applications focus ing on safety equipment or safety-related projec ts. T he equipment or project mus t be us ed for s afety initiatives in the c ommunity. G rant program funds will be used to leverage loc al funds. Examples of eligible s afety equipment include: multi-gas breathing apparatus , fire fighting equipment, thermal imaging cameras, extrac tion tools , s elf-contained breathing apparatus , portable pos itive pressure oxygen kits , s pecialized res cue vehic les and equipment, emergency c ommunication equipment, defibrillators , civil defens e outdoor warning sirens and traffic control equipment. Items exc luded are supplemental, routine and/or ongoing C ity budget expenses, law enforcement weapons or res traints and events and memorials . T he C ity currently has 3-800 MHz radios for P ublic Works supervisors. S taff would like to add six additional radios for the P ublic Works Direc tor, dis patc h and four P ublic Works C rew Leaders . T he radios would be programmed for interoperability with P olice and F ire and our neighboring c ommunity P ublic Works Departments. T he total pric e of s ix additional radios is $16,624.13. O n May 1, 2018, the C ity applied for a C enterP oint Energy C ommunity P artners hip G rant to as s is t with the purc hase of the 6-800 MHz radios. O n May 14, 2018, the C ity was advis ed that a grant in the amount of $2,000 had been awarded to the C ity for the radio purc hase. C enterP oint Energy repres entatives would like to pres ent the check to the C ity C ounc il for formal ac ceptanc e of the grant. Requested Council Action: Budget Issues: T he total price of six additional radios is $16,624.13. T he C enterP oint Energy C ommunity P artnership G rant is for $2,000. S taff has reques ted a donation from Americ an Legion P ost #630 as well as S ons of Americ an Legion P ost #630. T he Emergenc y P reparedness budget als o has $3,000 for this type of equipment. T he remaining funding would come from savings in other P ublic Works budgets. S trategic Priorities and Values: S afe, S ecure, S table C ommunity Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ACCEPTING CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT WHEREAS, CenterPoint Energy has awarded grants to cities served by the company through the Community Partnership Grant Program; and WHEREAS, in 2018 the program will award grants for up to $2,500, giving priority to applications focusing on safety equipment or safety-related projects; and WHEREAS, on May 1, 2018, the City applied for a CenterPoint Energy Community Partnership Grant to assist with the purchase of 6-800 MHz radios; and WHEREAS, on May 14, 2018, the City was advised that a grant in the amount of $2,000 had been awarded to the City for the radio purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the $2,000 CenterPoint Energy Community Partnership Grant is hereby accepted. July 9, 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. COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Nathan R einhardt, F inance Director S UBJ EC T:An O rdinance Amending O rdinance No. 2016-08 R egarding C ounc il S alaries for 2019-2020. Recommendation: It is recommend ed that the C ity C o uncil cons id er adopting the sec o nd read ing of an ordinanc e s etting salaries for the Mayor and C ity C o uncil for the 2019 and 2020 fisc al years at two perc ent ab o ve their previous compens ation levels . Background: Every two years the F inanc ial C ommission is required by the C ity C o uncil C ode o f P olic ies to review the s alaries fo r the Mayo r and C ity C ounc il and recommend any c hanges that may seem appropriate. T he F inancial C ommission has reviewed the s alaries in comparison to a s p ecified gro up o f comparison cities as outlined by policy. T he data on c omparis on with thos e c ities for the years 2013 through 2018 is attac hed. T he F inanc ial C ommission met on T hursday, May 17, 2018 to review the attac hed informatio n and make their recommendation. F ollowing a dis cus s ion the C ommission unanimous ly rec ommended that the Mayor and C ity C ounc il s alaries increase by two perc ent for 2019 and 2020. T he C ommis s ion c ited that the two percent inc reas es were cons is tent with recent s taff wage adjus tments. T he C ommission als o s uggested an increase would sho w ap p reciatio n to the C ity C o uncil fo r the time s p ent attend ing meetings and their b elief that the C ity has functioned well over the past two years. T he first reading of the attached ordinanc e was approved on June 11, 2018. S ubsequently, notice of a public hearing on the ordinanc e was publis hed in the S un P os t news paper on June 22, 2018 as required by law. F ollowing input from the public , it is reques ted that the C ounc il vote on the new ordinance es tablishing 2017 and 2018 salaries. Minnesota S tatutes require that s uc h an ordinance be adopted prior to the general election and be effec tive following that elec tion. T he ordinance will become effective January 1, 2019. T his item was first read on June 4, 2018; published in the official news paper on June 21, 2018; and is offered this evening for a s econd reading and P ublic Hearing. Requested Council Action: - Motion to open P ublic Hearing - Take public input - Motion to close P ublic Hearing - Motion to adopt O rdinanc e Budget Issues: Under the rec ommend ed propos al, the wage adjus tments fo r the Mayo r and C ity C o uncil will inc reas e in total by $1,001 for 2019 and an additio nal $1,021 for 2020. If ap p ro ved, these amounts will be incorporated in the 2019 and 2020 budgets. S trategic Priorities and Values: O perational Exc ellenc e CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of July 2018, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance 2016-08 Regarding Council Salaries for 2019- 2020. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. ____________________ AN ORDINANCE AMENDING ORDINANCE NO. 2016-08 REGARDING COUNCIL SALARIES FOR 2019-2020. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2016-08 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2017, is hereby amended. Section 2. Effective January 1, 2019, the annual salary for the Mayor shall be $12,572 and the annual salary for Council Members shall be $9,625. Section 3. Effective January 1, 2020, the annual salary for the Mayor shall be $12,823 and the annual salary for Council Members shall be $9,817. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2018. Mayor ATTEST: City Clerk D a t e o f P u b l i c a t i o n E f f e c t i v e D a t e (Underline indicates new matter.) 1 MINNESOTA STATUTES 2013 415.11 415.11 SECOND TO FOURTH CLASS CITIES;GOVERNING BODY SALARIES. Subdivision 1.Set by ordinance.Notwithstanding the provisions of any general or special law,charter,or ordinance,the governing body of any statutory or home rule charter city of the second,third or fourth class may by ordinance fix their own salaries as members of such governing body,and the salary of the chief elected executive officer of such city,in such amount as they deem reasonable. Subd.2.After next election.No change in salary shall take effect until after the next succeeding municipal election. Subd.3.Temporary reductions.Notwithstanding subdivision 2 or a charter provision to the contrary,the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body.The ordinance shall be in effect for 12 months,unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History:Ex1967 c 42 s 1,2;1976 c 44 s 34;2009 c 152 s 17 Copyright ©2013 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. Ci t y o f B r o o k l y n C e n t e r Co m p a r a t i v e M a y o r a n d C o u n c i l W a g e s 20 1 0 C e n s u s Ci t y P o p u l a t i o n M a y o r C o u n c i l M a y o r C o u n c i l M a y o r C o u n c i l M a y o r C o u n c i l M ay o r C o u n c i l M a y o r C o u n c i l Ma p l e w o o d 3 8 , 0 1 8 1 2 , 8 5 5 $ 1 1 , 3 1 4 $ 1 3 , 2 4 1 $ 1 1 , 6 5 4 $ 1 3 , 2 4 1 $ 1 1 , 6 5 4 $ 1 3 , 6 1 8 $ 1 1 , 9 8 6 $ 1 3 , 4 7 9 $ 1 1 , 8 6 4 $ 1 3 , 9 5 8 $ 12,286 $ Ri c h f i e l d 3 5 , 2 2 8 1 0 , 3 8 3 8 , 0 5 9 1 0 , 5 9 1 8 , 2 2 0 1 0 , 3 7 9 8 , 0 7 0 1 0 , 3 7 9 8 , 0 7 0 1 1 , 3 5 0 8 , 8 0 9 1 2 , 0 1 2 9,323 Ro s e v i l l e 3 3 , 6 6 0 9 , 3 0 0 7 , 0 2 0 9 , 3 0 0 7 , 0 2 0 9 , 3 0 0 7 , 0 2 0 9 , 3 0 0 7 , 0 2 0 9 , 3 0 0 7 , 0 2 0 9 , 3 0 0 7,020 Br o o k l y n C e n t e r 3 0 , 1 0 4 1 1 , 5 0 1 8 , 8 0 5 1 1 , 8 4 6 9 , 0 7 0 1 1 , 8 4 6 9 , 0 7 0 1 1 , 8 4 6 9 , 0 7 0 1 2 , 0 8 3 9 , 2 5 1 1 2 , 3 2 5 9,436 Fr i d l e y 2 7 , 2 0 8 1 0 , 5 2 5 8 , 1 4 3 1 0 , 6 9 1 8 , 2 7 9 1 0 , 6 8 9 8 , 2 7 0 1 0 , 6 8 9 8 , 2 7 0 1 0 , 6 8 9 8 , 7 7 9 1 0 , 6 8 9 8,779 Sh o r e v i e w 2 5 , 0 4 3 9 , 1 5 6 6 , 7 9 2 9 , 1 5 6 6 , 7 9 2 9 , 3 4 8 6 , 9 3 6 9 , 3 4 8 6 , 9 3 6 9 , 5 4 0 7 , 0 8 0 9 , 5 4 0 7,080 Wh i t e B e a r L a k e 2 3 , 7 9 7 7 , 6 8 0 5 , 4 0 0 7 , 6 8 0 5 , 4 0 0 9 , 6 0 0 7 , 5 0 0 9 , 6 0 0 7 , 5 0 0 9 , 6 0 0 7 , 5 0 0 9 , 6 0 0 7,500 Cr y s t a l 2 2 , 1 5 1 1 0 , 5 1 5 8 , 0 8 9 1 0 , 6 2 0 8 , 1 7 0 1 0 , 6 2 0 8 , 1 7 0 1 0 , 6 2 0 8 , 1 7 0 1 0 , 6 2 0 8 , 1 7 0 1 0 , 6 2 0 8,170 Go l d e n V a l l e y 2 0 , 3 7 1 1 1 , 6 1 9 8 , 6 9 6 1 1 , 6 1 9 8 , 6 9 6 1 1 , 6 1 9 8 , 6 9 6 1 2 , 2 0 7 9 , 1 3 6 1 2 , 2 0 7 9 , 1 3 6 1 2 , 8 2 5 9,598 Ne w H o p e 2 0 , 3 3 9 1 1 , 1 8 0 8 , 0 6 0 1 1 , 5 7 0 8 , 4 5 0 1 1 , 8 0 1 8 , 6 1 9 1 2 , 0 3 7 8 , 7 9 1 1 2 , 3 3 8 9 , 0 1 1 1 2 , 6 4 6 9,236 Av e r a g e 2 7 , 5 9 2 1 0 , 4 7 1 $ 8 , 0 3 8 $ 1 0 , 6 3 1 $ 8 , 1 7 5 $ 1 0 , 8 4 4 $ 8 , 4 0 0 $ 1 0 , 9 6 4 $ 8 , 4 9 5 $ 1 1 , 1 2 1 $ 8 , 6 6 2 $ 1 1 , 3 5 2 $ 8,843 $ Me d i a n 2 6 , 1 2 6 1 0 , 5 2 0 $ 8 , 0 7 5 $ 1 0 , 6 5 6 $ 8 , 2 4 9 $ 1 0 , 6 5 4 $ 8 , 2 2 0 $ 1 0 , 6 5 5 $ 8 , 2 2 0 $ 1 1 , 0 1 9 $ 8 , 7 9 4 $ 1 1 , 3 5 1 $ 9,008 $ Br o o k l y n C e n t e r a s a % o f : Av e r a g e 1 0 9 % 1 1 0 % 1 1 0 % 1 1 1 % 1 1 1 % 1 0 9 % 1 0 8 % 1 0 8 % 1 0 7 % 1 0 9 % 1 0 7 % 1 0 9 % 1 0 7 % Me d i a n 1 1 5 % 1 0 9 % 1 0 9 % 1 1 1 % 1 1 0 % 1 1 1 % 1 1 0 % 1 1 1 % 1 1 0 % 1 1 0 % 1 0 5 % 1 0 9 % 1 0 5 % No t e s : Go l d e n V a l l e y : Pa y s p e r d i e m o f $ 5 0 p e r e x t r a m e e t i n g , w h i c h i s c a p p e d a t a m a xi m u m o f $ 1 5 0 p e r m o n t h . Al s o p r o v i d e s c i t y - o w n e d t a b l e t f o r M a y o r / C o u n c i l m e m b e r u s e , w hi c h e l i m i n a t e d p a p e r p a c k e t s . Ne w H o p e Me m b e r s a l s o r e c e i v e $ 2 5 p e r E D A m e e t i n g a n d h a v e a c i t y i s s u e d i P a d w i t h d a t a p l a n Ma p l e w o o d : Me m b e r s a r e p r o v i d e d a c i t y i P a d i f n e e d e d . Fr i d l e y : Me m b e r s a r e p r o v i d e d a C i t y i s s u e d l a p t o p . Me m b e r s a r e e l i g i b l e f o r h e a l t h i n s u r a n c e , w i t h t h e s a m e c o n t r i bu t i o n s a s f u l l - t i m e e m p l o y e e s . Co u n c i l w a g e i s t h e b l e n d e d r a t e o f : A t L a r g e ( $ 8 , 7 7 9 ) a n d C o u n ci l ( $ 7 , 7 6 1 ) . Cr y s t a l : Me m b e r s a r e p r o v i d e d a t e c h n o l o g y a l l o w a n c e , w h i c h w i l l n o t e x c ee d $ 2 5 0 a n n u a l l y . 20 1 3 2 0 1 4 2 0 1 7 2 0 1 8 20 1 6 20 1 5 Co u n c i l W a g e C o m p a r i s o n 5/30/2018 Cu r r e n t 1 % 2% 3% 1 % 2% 3% Co m p e n s a t i o n I n c r e a s e 2 0 1 9 In c r e a s e 2 0 1 9 In c r e a s e 2 0 1 9 I n c r e a s e 2 0 2 0 In c r e a s e 2 0 2 0 Increase 2020 Ma y o r 1 2 , 3 2 5 $ 1 2 , 4 4 8 $ 12 , 5 7 2 $ 12 , 6 9 5 $ 1 2 , 5 7 3 $ 12,823 $ 13,076 $ Co u n c i l M e m b e r 9 , 4 3 6 $ 9 , 5 3 0 $ 9, 6 2 5 $ 9, 7 1 9 $ 9 , 6 2 6 $ 9,817 $ 10,011 $ To t a l C o s t 5 0 , 0 6 9 $ 5 0 , 5 7 0 $ 51 , 0 7 0 $ 51 , 5 7 1 $ 5 1 , 0 7 5 $ 52,092 $ 53,118 $ Di f f e r e n c e Y e a r 5 0 1 $ 1, 0 0 1 $ 1, 5 0 2 $ 5 0 6 $ 1,021 $ 1,547 $ To t a l D i f f e r e n c e 1, 0 0 6 $ 2,023 $ 3,049 $ Ci t y o f B r o o k l y n C e n t e r Pr o p o s e d M a y o r a n d C i t y C o u n c i l C o m p e n s a t i o n f o r 2 0 1 9 - 2 0 Pr o p o s e d 2 0 1 9 P r o p o s e d 2 0 2 0 City of Brooklyn Center City Council Meeting July 9, 2018 Minnesota State law -allows the governing body to set their own salaries by ordinance. Change must take effect after the succeeding municipal election. City Council code –every two years Financial Commission to make a recommendation following a review of comparison cities. May 17, 2018 –Financial Commission recommended the Mayor and Council salaries increase by two percent for 2019 and two percent for 2020. Public hearing required (change in ordinance) Conduct public hearing on proposed Mayor and City Council salaries for 2019 and 2020 Consideration of Ordinance Amending No. 2016- 08 Regarding Council Salaries for 2019-2020 COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Doran C ote, P ublic Works Director F R O M:Andrew Hogg, Assistant C ity Engineer S UBJ EC T:An O rdinance Amending C hapter 1 of the C ity C ode of O rdinances R egarding Animals Recommendation: It is recommended that the C ity C ounc il approve an O rdinance Amending C hapter 1 of the C ity C ode of O rdinanc e R egarding Animals. Background: In O c to b er 2017, a res ident c o ntac ted the C ity with c o nc erns about wild turkeys ro o s ting in yards within the C ity. C ity s taff has d is cus s ed these concerns with staff at the Minnesota Dep artment of Natural R esources (DNR ) and T hree R ivers P ark Dis tric t. T heir guidanc e is as follows : R esidents s ho uld not feed wild life on their p ro p erty and enc o urage neighbors to not feed as well. F eeding tends to increase ac tivity and c o ngregate birds at a higher density. Turkeys c an get habituated to feeding and c an become a nuisance. It is rec o mmended that res id ents haze the turkeys repeated ly if they b ec ome a problem. T his us ually works well and is the recommend ed metho d fo r d ealing with turkey related issues . Winter is the time o f year when turkeys floc k up and may pose a greater nuis anc e. Wild turkeys dis pers e as the season moves along and food sources are depleted. T he C ity could look into c reating a wild life feeding o rd inance to as s is t in educating the public and enforc e violations as they come to light. T he DNR ’s webs ite has some additio nal information for living with turkeys: http://www.dnr.state.mn.us/livingwith_wildlife/turkeys /index.html. S taff has also contac ted neighboring c ities to s ee ho w they deal with turkey related is s ues . T he cities of R obbinsdale and C rystal d o n’t have any s ort o f wild turkey management and Bro o klyn P ark has a bas ic Wildlife Management P lan. S everal o ther c ities have inc o rp o rated wild turkeys into their no -feed ing wildlife policy. S taff id entified the fo llo wing three o p tions that c o uld be used to ad d res s turkey related items . O ptio n 1 is to educ ate res id ents how to avo id c ommon turkey p ro b lems o n their property; O ptio n 2 is to up d ate the C ity’s feeding ordinanc e and O p tion 3 is to d evelop a turkey management plan. At the Ap ril 23, 2018, C ity C ouncil Work S ession, s taff was directed to purs ue O ption 2, along with the other options . C ity s taff has been working with the C ity Attorney to revis e the ordinanc e to address the feed ing o f wild animals . C onsistent with the C ity C harter, a firs t reading to es tablis h a date for a s econd reading and public hearing to cons ider the propos ed ordinanc e is requested for July 9, 2018. Requested Council Action: - Motion to open P ublic Hearing - Take public input - Motion to close P ublic Hearing - Motion to adopt O rdinanc e Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of July, 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 feeding wild animals. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 1 OF CITY CODE OF ORDINANCES REGARDING ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 1-101 is amended by adding a new definition as follows: Section 1-101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 9. Wild Animal. Wild animal means any animal that is not normally domesticated in the state including, but not limited to, raccoons, turkeys, coyotes, foxes, deer, feral cats, skunks, and waterfowl. Article II. Brooklyn Center City Code, Section 1-200 is amended as follows: Section 1-200. FEEDING OF DEER WILD ANIMALS PROHIBITED. No person may place, or permit to be placed on the ground or within four (4) five (5) feet of the ground surface, any grain, fruit, nuts, fodder, salt licks, or any other food, including feed for birds, which may reasonably be expected to result in deer wild animal feeding, unless such items are screened or protected in a manner that prevents deer from feeding on them, except as follows: 1. Feeding programs or efforts undertaken by the City in accordance with its deer wildlife management plan; 2. Veterinarians, City Animal Control Officers, or county, state or federal game officials who, in the course of their duties, have deer wild animals in their custody; or 3. Any food placed upon the property for the purpose of trapping or otherwise taking deer wild animals where such trapping or taking is pursuant to a permit issued by the Department of Natural Resources; 2 4. Planting of seeds or plants for the purpose of establishing or maintaining a lawn or garden, covering gardens or plants with straw for the purpose of providing protection during winter months or when establishing new lawns, or using straw bales for erosion control.; 5. The presence of living food sources, such as fruit trees or other live vegetation, in their natural state; or 6. Feeding of small birds using self-enclosed feeding devices or containers where the access to the feed is located at least 5 feet above the ground. If a person is not physically able to place the bird feeding materials at that height, a lower height is permitted, provided the feeding occurs in a way that does not promote the feeding of other wild animals. Article III. Effective Date. 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.) Public Hearing An Ordinance Amending Chapter 1 of the City Code of Ordinances Regarding Animals City Council Meeting July 9, 2018 Strategic Priorities -Safe, Secure, Stable Community Existing Deer Management Plan Long-Term Deer Population Management Plan was • adopted by the City Council on October 27, 2003. (General Policies 2.93) The City reviews current deer populations within the • City against the deer management plan. Deer populations are to be kept – under 20 per square mile. City Ordinance1-200 prohibits – the Feeding of Deer. Wild Turkeys In October 2017, the City was contacted with concerns • about wild turkeys roosting in yards within the City. General Guidance on Wild Turkeys Guidance from the DNR and Three Rivers Park District is predominantly education; • Residents should not feed wildlife on their property and encourage neighbors – to not feed as well.Feeding tends to increase activity and congregate birds at a higher density. Turkeys can get habituated to feeding and can become a nuisance. Residents should haze the turkeys repeatedly if they become a problem. This – usually works well and is the recommended method for dealing with turkey related issues. Winter is the time of year when turkeys flock and pose a greater nuisance. – Wild turkeys disperse as the season moves along and food sources are depleted. Staff has also contacted neighboring cities to see how they deal with turkey related • issues. The Cities of Robbinsdale and Crystal don’t have any sort of wild turkey management and Brooklyn Park has a basic Wildlife Management Plan. Several options presented at April 23, 2018 Council Work Session • Ordinance adopted on first reading on June 11, 20118 • Summary of Ordinance Revisions Section 1-101: Add definition for Wild Animal • Wild animal means any animal that is not normally – domesticated in the state including, but not limited to, raccoons, turkeys, coyotes, foxes, deer, feral cats, skunks, and waterfowl. Section 1-200. FEEDING OF DEER PROHIBITED: • changed to FEEDING OF WILD ANIMALS PROHIBITED Summary of Ordinance Revisions cont. Revisions include; • Raising food source to five (5) feet from four (4) feet – Adding exemptions for – Living food sources i.e. fruit trees, vegetables • Small bird feeders with limited access • Requested Council Action Motion to open Public Hearing • Take public input • Motion to close Public Hearing • Motion to adopt Ordinance • City Council Meeting July 9, 2018 COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman F R O M:G inny Mc Intosh S UBJ EC T:P lanning C ommis s ion Applic ation No. 2018-010, S ubmitted by Linda Mc G inty (T he Luther C ompany, LLLP ), R equesting Is s uance of an Interim Use P ermit for the O ff-S ite S torage of New Vehicles (Located at 5900 S hingle C reek P arkway) Recommendation: T he P lanning C ommission rec ommends a motion to is s ue an Interim Us e P ermit that would allow for the off- site storage of new, operable vehic les on a portion of the C ity’s EDA-owned 5900 S hingle C reek P arkway. Background: T he Luther C o mp any, L L L P, approac hed the C ity in F ebruary 2018, s tating that they had a need to store new vehic les fo r a period of up to two years. T he imp etus fo r the sto rage is related to the cons tructio n of a new Mazda and Mits ubishi Dealership at 4435 68th Avenue No rth, which wo uld d is p lace the c urrent s torage c apacity being us ed by their adjacent dealers hips. At C ity C ounc il Wo rk S es s ions on March 26th and April 9th, dis cus s ion was held regarding the implementation o f an Interim Us e P ermit p ro c es s that would allo w for the o ff-s ite s to rage of new vehic les for a s p ecific p erio d of time. C ity C o uncil d irec ted s taff to draft language and c o nditio ns that wo uld mitigate any negative impac ts fro m the off-site s torage, and bring a draft o rd inance b ack to C o uncil for review and c onsideration. A d raft ordinanc e was p res ented to the P lanning C ommis s ion on April 9 th, and the Applic ant and C ity staff were availab le to answer questions o f the C ommissioners relating to Luther’s o ff-s ite vehic le sto rage needs and the then-proposed amendment to C hapter 35 (Zoning O rdinanc e) of the C ity C ode of O rdinanc es . It was at this time that the P lanning C ommission p ro vided inp ut o n the draft o rd inanc e, and s ugges ted revisions to address s p ecific c o nc erns related to sc reening, minimum d is tances fro m res idential p ro p erties , limiting the number of vehic les to the s p ecific needs o f the auto dealership s lo cated within the C ity, and the orderly plac ement of vehicles. T he topic s of signage, d ealers hip s taff p res enc e on s ite, and the lo catio n o f s uitable sites were also dis c us s ed. S taff s ubsequently made revis io ns to the proposed ordinanc e language b as ed on the P lanning C ommission’s input. T he p ro p o s ed o rd inance to amend C hapter 35 o f the C ity C ode o f O rdinanc es and es tablis hment o f a new S ec tion 35-420 to allo w automobile d ealers hips to s to re vehic les off-site as an Interim Us e in the I-1, I-2, and C -2 Zoning Districts was reviewed b y P lanning C ommis s ion as p art o f a p ublic hearing on May 17, 2018. T he P lanning C o mmis s io n d etermined that the proposed language would adequately mitigate any potentially negative impac ts that might relate to the allowanc e o f temporary o ff-s ite sto rage of vehic les , and voted unanimously (6-0) in favor of the propos ed ordinanc e. C ity C ounc il unanimous ly approved the firs t reading of the o rd inance at its May 29, 2018, meeting and direc ted s taff to s c hed ule a p ublic hearing fo r June 25, 2018. A p ublic hearing notice was p ublished in the Brooklyn C enter S un P ost on June 7, 2018. T he C ity C ouncil c onducted its sec ond reading and public hearing on June 25, 2018, and unanimous ly approved the reques ted ordinance amendment. In anticipatio n o f the p ro p o s ed amend ment to C hapter 35 relating to the o ff-s ite s torage of vehic les by automobile dealers hip s , O rdinanc e No. 2018-005 was p rep ared as a means to regulate auto mo b ile dealership off-site vehicle sto rage in the sho rt term. T his o rd inance was ad o p ted on May 29, 2018, and was intend ed to bridge the length o f time it would take fo r an o rd inance amendment regard ing the interim s torage of off-site vehic les to c o me into effec t following ad o p tion of an o rd inanc e amendment to C hapter 35 of the C ity C ode of O rdinanc es . As p art of the Interim O rdinanc e ad o p tion, a s hort term leas e agreement was also ap p ro ved between the Ec onomic Develo p ment Authority and the Ap p licant (the Luther C ompany, LLLP ) under EDA R esolution No. 2018-06, with the understanding that the Ap p licant would b e und ergoing this p ro cess. If the C ity C ounc il approves the Interim Us e P ermit, the Applic ant will need to negotiate a longer-term leas e with the EDA to c over the use of the S ubjec t P roperty for the duration of the I UP. It s hould b e noted that the E DA has entered into a P reliminary Development Agreement (P DA) with a develo p er that encompasses the S ubject P roperty, and no thing in the approval of this I UP o r a lease fo r the us e of the S ubjec t P ro p erty sho uld be c onstrued to sup ers ed e the develo p ers rights to acc es s or develo p the S ub jec t P roperty as d es cribed b y the P DA. G iven C ity C o uncil’s adoptio n of an Interim Us e P ermit proc es s fo r the off-site s torage o f new vehic les under C hap ter 35 of the C ity C ode of O rdinanc es , the Ap p licant sub mitted an applic ation to the C ity for c onsideration o f a req ues t to allo w fo r the o ff-s ite s torage o f new, o p erab le vehic les o n a portio n o f what is known as the C ity’s “O pportunity S ite” and identified as 5900 S hingle C reek P arkway. As Interim Us e P ermit reques ts req uire the s ched uling o f a p ublic hearing, a notice was p ublis hed in the Brooklyn C enter S un P ost on June 14, 2018. T his req uest was reviewed by the P lanning C ommission at their meeting on June 28, 2018. As p art o f the review fo r the p ro p o s ed reques t, the C o mmis s io ners asked ques tions of the Ap p licant relating to the length of time vehicles would be s tored fo r, the p ro p o s ed layo ut of the s ite, and the impact of any approval on the anticipated redevelopment of the O pportunity S ite. Linda Mc G inty, o n behalf o f the Luther C ompany, LLLP (“the Ap p licant”), indic ated that the s ubmitted site plan would allow for the storage of approximately 750 vehic les and noted that they had been in contac t with the C ity of Bro o klyn C enter P olic e Dep artment to work thro ugh approval o f an Acc es s , S ec urity, and Lighting P lan. T he P lanning C ommis s ion rec eived no other c o mments from the pub lic , and unanimous ly (6-0) rec ommended C ity C ounc il approval of the reques ted issuanc e of an Interim Us e P ermit for the off-site storage of new vehicles on a portion of 5900 S hingle C reek P arkway. F ollowing the P lanning C ommission meeting, C ity s taff was c o ntac ted b y HealthP artners Dental C linic, loc ated at 5901 Jo hn Martin Drive in Bro o klyn C enter, and lo c ated to the north o f the proposed off-site vehic le s to rage loc ation. It was identified at this time that HealthP artners s taff and c us to mers had been utilizing a p o rtion o f the S ubjec t P roperty for a number o f years as parking and that there might be an easement. In conversing with HealthP artners ’ Atto rney, it was ultimately determined that there was ind eed a parking and ac c es s eas ement fo r us e by HealthP artners Dental C linic and that acc es s to this eas ement was to be maintained. C ity S taff, rep res entatives o f the Ap p licant, inc luding Linda Mc G inty, and repres entatives of HealthP artners, met o n s ite of the S ubjec t P roperty o n July 3, 2018, to review the recorded eas ement d o cumentation and map and the proposed s ite plan for the o ff-s ite sto rage o f vehicles b y the Applic ant. In d is c us s io n, it was determined that the proposed gate would b e mo ved to the s o uth, as well as the fence line, to maintain HealthP artners ac c es s and use o f the p arking eas ement area. T he reloc ation of the fencing would have two impac ts to the Applicant's propos ed I UP s ite plan. F irst, ac c ommodating the p arking eas ement area fo r HealthP artners res ults in the lo s s of a row of p arking for the Applic ant's vehicles. T he Applic ant has req uested that they be allowed acc es s to an additio nal row of parking along the western p erimeter o f the as-proposed o ff-s ite vehic le parking area. T his wo uld p us h the proposed fencing alo ng the wes tern edge of the leas ed area approximately 54 feet c lo s er to S hingle C reek C rossing. T he Applic ant is req uesting a s econd alteration to the p ro p o s ed plan that was reviewed b y the P lanning C ommission. Due to the fence line being moved to the s outh to acc ommodate the HealthP artners easement, the Ap p licant wo uld be lo s ing acc es s to one of the drive ais les , whic h would nec es s itate tand em p arking of one row o f parking. T he ordinanc e s tates that "Vehic les s hall b e s to red in an orderly fas hion with d rive aisles, allowing vehic les to enter and exit the s ite witho ut having to mo ve o ther vehic les ". T his requirement wo uld be met within the leas ed area with the exceptio n of this one ro w of p arking. C ars in this row would be double parked. S taff has includ ed language within the attac hed C ity C ounc il res o lutio n to reflec t these alterations to the plan. A revis ed s ite p lan, reflec ting these alteratio ns , is forthc o ming, and will be provid ed during the review o f the reques t at the C ity C o uncil meeting o n July 9, 2018. A c o p y o f the C ity C ounc il res olution and P lanning C ommission R eport dated June 28, 2018, are included for review. Requested Council Action: -Motion to adopt res olution. Budget Issues: None to cons ider at this time. S trategic Priorities and Values: Enhanc ed C ommunity Image Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-010 SUBMITTED BY LINDA MCGINTY OF THE LUTHER COMPANY, LLLP, FOR ISSUANCE OF AN INTERIM USE PERMIT FOR THE OFF-SITE STORAGE OF NEW VEHICLES (LOCATED AT 5900 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2018-010, submitted by Linda McGinty of the Luther Company, LLLP (“the Applicant”) requests issuance of an interim use permit that would allow for the off-site storage of new vehicles for sale or lease at Brooklyn Center Luther auto dealerships on a portion of a City of Brooklyn Center Economic Development Authority-owned property located at 5900 Shingle Creek Parkway (“Subject Property”) and as outlined in the provided site plan noted as Exhibit A; and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to new City Code Section 35-420, adopted by City Council on June 25, 2018, allows for the off-site storage of vehicles for automobile dealerships as an Interim use in the I-1, I-2, and C-2 Zoning Districts under certain conditions; and WHEREAS, the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2018-010; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 28, 2018, whereby a planning staff report was presented and public testimony regarding the interim use permit were received; and WHEREAS, the Planning Commission considered the interim use permit request in light of all testimony received, the guidelines and standards for evaluating this interim use permit contained in new City Code Section 35-420 of the City’s Zoning Ordinance, and subsequently recommended a unanimous recommendation to City Council for approval; and WHEREAS, following the recommendation for approval by the Planning Commission, the City was made aware of an existing parking and access easement located along the north end of the Subject Property and recorded as Document No. 2127956, which is intended for use by the adjacent-to-the-north HealthPartners Dental Clinic located at 5901 John Martin Drive for additional parking; and WHEREAS, following conversations with City staff and the adjacent to the north HealthPartners Dental Clinic, the Applicant will revise the site plan to maintain the parking and access easement and reflect a request by the Applicant to expand the western perimeter of the off-site parking area to account for the loss of parking along the northern perimeter of the parking area and to allow one row of vehicles to be tandem parked. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-010, submitted by Linda McGinty of the Luther Company, LLLP, may be approved based upon the following considerations and as outlined in the Planning Commission Report dated June 28, 2018: A. The proposed use will conform to the regulations of the City’s Zoning Ordinance. RESOLUTION NO. B. The date or event that will terminate the use can be identified with certainty as for a period of two years with a potential one year extension and will be clearly outlined in the lease agreements to be agreed upon by the Applicant and the City of Brooklyn Center Economic Development Authority. C. The allowance of off-site storage on the Subject Property will not impose additional costs to the public and the public will not be required to take on the property in the future as it is under ownership by the City of Brooklyn Center Economic Development Authority. D. The Applicant agrees to the conditions the City Council imposes on the use, including the continued access by HealthPartners Dental Clinic, located at 5901 John Martin Drive, to parking along the north property line of the Subject Property as outlined within Document No. 2127956, and will operate in full conformance with the provisions of new Section 35-420 and the lease agreements in place. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-010 may be approved subject to the following conditions and considerations: 1. Site Plan Review: The site plans are subject to review and approval by City staff with respect to applicable codes prior to the issuance of any required permits. a. Any major changes or modifications made to the submitted site plan for off-site vehicle storage on the leased portion of the Subject Property (5900 Shingle Creek Parkway) can only be made by an amendment to the approved Interim Use Permit, as approved by the City Council. b. The Applicant shall verify that the proposed site has met City Code requirements relating to fencing, lighting, parking, building and fire code requirements. i. Per the City Fire Inspector, vehicles shall be parked in an orderly fashion to allow for fire truck access, and vehicles shall not be used to create a blockade at the gate. ii. The Applicant shall work with the City Fire and Police Departments to provide necessary security information and/or access to the leased portion of the Subject Property in case of emergency. 2. Agreements: a. The Applicant shall ensure necessary short-term and long-term lease agreements are in place. All conditions and terms of use for the lease agreement are to be followed in conjunction with the approval and issuance of an Interim Use Permit. b. Per Recorded Document No. 2127956, there is an existing parking agreement in place along the north property line for use by adjacent-to-the north HealthPartners Dental Clinic (5901 John Martin Drive) that is to remain undisturbed as part of the approval and whose access is to remain intact from John Martin Drive. c. The Applicant shall provide an Access, Security, and Lighting Plan to the City, subject to the review and approval of the Chief of Police and City Planner. 3. Facilities and Equipment: a. Any lighting will be in accordance with Section 35-712 ( Lighting ) of the City Zoning Ordinance. Per City staff, a photometric plan, and fixture specifications may be required to confirm compliance of any new and/or replaced lighting. RESOLUTION NO. b. Any spills or leaks found on site shall be mitigated immediately. When warranted, the State duty officer shall be notified. c. Prior to spring melt, inlet protection measures shall be provided to prevent the accumulation of trash in the snow storage pile from reaching the storm sewer system. 4. Signage: Per Section 35-420 (Interim Use Permits ), no signage, other than no trespassing and minimal directional signage internal to the site, shall be permitted on the leased area of the Subject Property. July 9, 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. ________________ App. No. 2018-010 PC 06/28/2018 Page 1 Planning Commission Report Meeting Date: June 28, 2018 Application No. 2018-010 Applicant: Linda McGinty (The Luther Company, LLLP) Location: 5900 Shingle Creek Parkway Request: Interim Use Permit for Off-Site Vehicle Storage INTRODUCTION Linda McGinty, on behalf of the Luther Company, LLLP (“the Applicant”) is requesting consideration and approval of plans that would allow for the issuance of an Interim Use Permit for a portion of the property located at 5900 Shingle Creek Parkway (“the Subject Property”). The Subject Property is currently vacant and considered part of the City’s “Opportunity Site,” and is under ownership by the City of Brooklyn Center Economic Development Authority (EDA). The Luther Company approached the City in February, stating that they had a need to store 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. This storage issue has resulted in the construction of the new dealership being delayed until a new storage location can be identified. At the March 26th City Council Work Session, staff brought forward a request from the Luther Company (the “Applicant”) to allow the short term storage of dealership vehicles off-site on the Subject Property. As off-site storage was not yet allowed under the Zoning Code, and in order to facilitate the allowance of temporary off-site storage, Staff proposed an Interim Use Permit process, which would allow off-site storage through issuance of 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. 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 the Luther Company 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 Planning Commission. The Commission provided input on the draft ordinance, and suggested revisions to address specific concerns related to screening, distance from residential 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 • Application Filed: 05/22/2018 • Review Period (60-day) Deadline: 07/21/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-010 PC 06/28/2018 Page 2 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- 1, I-2, and C-2 Zoning Districts under certain conditions. 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 proposed ordinance was brought to City Council for a first reading on May 29, 2018, and a second reading and public hearing was scheduled for June 25, 2018. Following a review of the proposed Interim Use Permit ordinance for the off-site storage of new vehicles, City Council voted unanimously (5-0) in favor of the ordinance amendment. No comments or objections were received prior to or during the meeting on June 25, 2018. Ordinance No. 2018-005, which was prepared as a means to regulate automobile dealership off-site vehicle storage in the short-term, was also adopted on May 29, 2018. This was in anticipation of the proposed amendment to Chapter 35 relating to the off-site storage of new vehicles by automobile dealerships (Exhibit A) and the length of time it takes for an ordinance to come into effect after its adoption. As part of the Interim Ordinance adoption, a short term lease agreement was also approved between the Economic Development Authority and the Applicant under EDA Resolution No. 2018-06 (Exhibit B), with the understanding that the Applicant (The Luther Company, LLLP) would be undergoing this process. Assuming the Applicant’s request to store vehicles off-site is approved, the City of Brooklyn Center Economic Development Authority would require a long term lease agreement to be in place. Requests for issuance of an Interim Use Permit require that a public hearing be scheduled. An Affidavit of Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun Post on June 14, 2018 (Exhibit C), and mail notices were sent to neighboring property owners. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Neighborhood: Central Current Zoning: C2 (Commerce) District Surrounding Zoning: North: C2 (Commerce) District East: C2 (Commerce) District South: PUD-C2 (Planned Unit Development-Commerce) District West: Open Space (Shingle Creek) |R5 (Multiple Family Residence) District Site Area: Approximately 23.2 acres—the Applicant would not utilize the entire site and ________________ App. No. 2018-010 PC 06/28/2018 Page 3 would be located away from Shingle Creek Parkway per the submitted site plan and previously approved short term lease agreement. INTERIM USE PERMIT | SITE PLAN REVIEW Image 1. Proposed Off-Site Vehicle Storage Site Layout (5900 Shingle Creek Parkway) The Applicant is requesting approval of an Interim Use Permit that would allow Luther to store new vehicles from their Brooklyn Center dealership locations off-site, as indicated above in Image 1 and attached (Exhibit D). According to the newly adopted Section 35-420 (Interim Use Permits) of the City’s Zoning Ordinance, “An application for an interim use permit for the off-site storage of vehicles shall be processed in accordance with Section 35-220 (Special Use Permits), except that the following additional standards shall also be considered; a. The proposed use must conform to the regulations of this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. 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.” Per the additional Standards of Interim Use Permits, an Interim Use Permit may be granted by the City Council after demonstration by evidence that all of the following standards are met (Exhibit E): ________________ App. No. 2018-010 PC 06/28/2018 Page 4 1. The proposed use must conform to the regulations of this Chapter. Per Chapter 35 (Zoning Ordinance), and per the requirements of the recently adopted Section 35-420 (Interim Use Permits), Interim Use Permits for off-site vehicle storage are only allowed in the I-1 (Industrial Park) District, I-2 (General Industry) District, and C-2 (Commerce) Districts, and cannot abut or sit directly across a city or county right-of-way from a residentially-zoned (R1 through R7) District. The Subject Property is zoned C-2 (Commerce) District. Although an R-5 (Multiple Family Residence) District property, Gateway Commons, is located to the west, the property is not directly located on Shingle Creek Parkway and is buffered by a section of linear open space along Shingle Creek. As proposed, the storage area would also be located away from Shingle Creek Parkway on a portion of the 23.2 acre Subject Property. As required in the application, the Applicant originally indicated that up to approximately 1,100 new vehicles could be stored on site, however, this figure is likely to be lower as the application was initially submitted with a site plan that reflected a larger site area than was approved by City Council as part of the short term lease agreement. As vehicles must be stored in an orderly fashion and in parking spaces, the total amount of vehicle storage would be limited. The Applicant would be restricted to transporting vehicles Monday through Saturday from 8 a.m. to 9 p.m., and would be limited to one access point (via John Martin Drive) per the lease agreement and submitted site plan, as noted above in Image 1. This access point would require use of a gate. All other potential interior access points to the leased area of the Subject Property would require installation of a barricade. This would be the responsibility of the Applicant. As proposed, the Applicant intends to install a six-foot high galvanized metal fence around the perimeter of the leased area of the Subject Property. 2. The date or event that will terminate the use can be identified with certainty. Per the Applicant, the requested use of the Subject Property, located at 5900 Shingle Creek Parkway, would be for a period of two years, with a possible one year extension. The short term lease agreement, which was approved on May 29, 2018, by the City of Brooklyn Center EDA, notes that a long-term lease for Luther’s continued use of the Subject Property (“Leased Premises”) would be required upon obtaining an Interim Use Permit for the off-site storage of vehicles. The short and long term lease agreements contain term clauses that outline the effective date under which the Interim Use Permit would commence and terminate. Provisions outlining the conditions under which a lease agreement can be terminated, rent payments, and use restrictions are also covered. The use restrictions specifically identify the Applicant’s compliance obligations, allowable access points to the Subject Property, security and lighting requirements, and the terms of site use. 3. 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. The City’s Economic Development Authority currently maintains ownership and control of the Subject Property site. Although the necessity of a long-term lease agreement is subject to approval of the requested Interim Use Permit for off-site vehicle storage, the short-term lease agreement notes that the Applicant would be responsible, at its own cost, for securing and lighting the Subject Property (“Leased Premises”). In addition, an Access, Security, and Lighting plan is to be submitted to the City and is subject to the review and approval of the Chief of ________________ App. No. 2018-010 PC 06/28/2018 Page 5 Police. Any lighting would need to meet the requirements of the Zoning Code and would therefore require review by the City Planner. The agreement further outlines that additional security measures may require implementation if so identified by the Chief of Police. In addition, provisions regarding maintenance and repair of the Subject Property note that the Applicant would be required to keep the Subject Property in a clean and orderly condition during the term of the lease, including the removal of any materials, debris, or refuse on the Subject Property. Any damage inflicted on the property by the Applicant would be the responsibility of the Applicant at its own cost. Improvements or additions to the Subject Property, other than those expressly outlined in the agreement, would require the written consent of the Brooklyn Center EDA. Any utility costs associated with the use of the Subject Property (e.g., lighting) would be the responsibility of the Applicant. As part of the agreements, the Applicant will also need to agree to maintain commercial general liability insurance during the entire term of the lease agreement. As the City of Brooklyn Center EDA has entered into a preliminary development agreement with a developer that encompasses the Subject Property, any approval of an Interim Use Permit to store vehicles off-site at the Subject Property would supersede the developer’s rights to access the Subject Property. Any approval of an Interim Use Permit will require the Applicant to cooperate with the developer and allow them to conduct any due diligence as it relates to soil sampling and testing. Furthermore, any approval of an Interim Use Permit will require that the Applicant agree to not store any “hazardous substances” on the Subject Property, as defined in the lease agreements. 4. The Applicant agrees to the conditions the City Council imposes on the use. Approval of an Interim Use Permit for the off-site storage of operable new vehicles for sale or lease at Luther’s Brooklyn Center dealerships would require that the Applicant agree to the conditions of approval imposed under the Interim Use Permit in addition to any short or long- term lease agreements in place. To provide clarity, the approval conditions outlined as part of any favorable Interim Use Permit approval would be in line with the conditions of the lease agreements. Based on staff findings, staff recommends Planning Commission recommendation of the requested Interim Use Permit for the off-site storage of new, operable vehicles for the portion of 5900 Shingle Creek Parkway (“the Subject Property”) as identified in the submitted site plan; subject to the Applicant complying with the comments outlined in the Approval Conditions below. INTERIM USE PERMITS APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2018-010 for the designated portion of 5900 Shingle Creek Parkway (Subject Property): 1. Site Plan Review: The site plans are subject to review and approval by City staff with respect to applicable codes prior to the issuance of any required permits. a. Any major changes or modifications made to the submitted site plan for off-site vehicle storage on the leased portion of the Subject Property (5900 Shingle Creek Parkway) can only be made by an amendment to the approved Interim Use Permit, as approved by ________________ App. No. 2018-010 PC 06/28/2018 Page 6 the City Council. b. The Applicant shall verify that the proposed site has met City Code requirements relating to fencing, lighting, parking, building and fire code requirements. i. Per the City Fire Inspector, vehicles shall be parked in an orderly fashion (i.e., in parking spaces and not in drive aisles), and vehicles shall not be used to create a blockade at the gate. ii. The Applicant shall work with the City Fire and Police Departments to provide necessary security information and/or access to the leased portion of the Subject Property in case of emergency. 2. Agreements: a. The Applicant shall ensure necessary short-term and long-term lease agreements are in place. All conditions and terms of use for the lease agreement are to be followed in conjunction with the approval and issuance of an Interim Use Permit. b. The Applicant shall provide an Access, Security, and Lighting Plan to the City, subject to the review and approval of the Chief of Police and City Planner. 3. Facilities and Equipment: a. Any lighting will be in accordance with Section 35-712 (Lighting) of the City Zoning Ordinance. Per City staff, a photometric plan, and fixture specifications may be required to confirm compliance of any new and/or replaced lighting. b. Any spills or leaks found on site shall be mitigated immediately. When warranted, the State duty officer shall be notified (Exhibit F). c. Prior to spring melt, inlet protection measures shall be provided to prevent the accumulation of trash in the snow storage pile from reaching the storm sewer system (Exhibit F). 4. Signage: Per Section 35-420 (Interim Use Permits), no signage, other than no trespassing and minimal directional signage internal to the site, shall be permitted on the leased area of the Subject Property. RECOMMENDATION Based on staff findings, staff recommends Planning Commission recommendation of the requested Interim Use Permit for the off-site storage of new, operable vehicles for the portion of 5900 Shingle Creek Parkway (“the Subject Property”) as identified in the submitted site plan; subject to the Applicant complying with the comments outlined in the Approval Conditions below. Should the Planning Commission accept this recommendation, the Commission may elect to adopt the draft resolution which memorializes the findings in granting approval of an Interim Use Permit for the off-site storage of new, operable vehicles, subject to the Applicant complying with the above-mentioned conditions of approval. Attachments Exhibit A- Ordinance No. 2018-05 (An Interim Ordinance Regulation Automobile Dealership Off-Site Vehicle Storage), adopted May 29, 2018. Exhibit B- EDA Resolution No. 2018-06, adopted May 29, 2018. Exhibit C- Affidavit of Publication for Notice of Hearing (5900 Shingle Creek Parkway), published June 14, 2018, in ________________ App. No. 2018-010 PC 06/28/2018 Page 7 Brooklyn Center Sun Post. Exhibit D- Application Submittal by the Linda McGinty on behalf of the Luther Group, LLLP, dated May 22, 2018. Exhibit E- An Ordinance Amending Chapter 35 to Allow Automobile Dealership Off-Site Vehicle Storage as an Interim Use. Exhibit F- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated March 5, 2018. CITY OF BROOKLYN CENTER 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 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 3 5-420 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: Exhibit A ORDINANCE NO. 2018-05 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; 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 th day o 1 May, 2018 . 7L ^-Z z^ Mayor ATTEST: PIZUJ - City Clerk Commissioner Marquita Butler introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2018- 06 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SHORT-TERM LEASE WITH LUTHER AUTOMOTIVE GROUP WHEREAS, the Economic Development Authority of the City of Brooklyn Center, Minnesota ("EDA") owns the property located at 5900 Shingle Creek Parkway, Brooklyn Center, Minnesota, legally described as Lot 1, Block 1, Brookdale Square 2nd Addition, Hennepin County, Minnesota ("Property"); and WHEREAS, Luther Automotive Group ("Luther") desires to enter into a short- term lease with the EDA to use the parking lot portion of the Property for storage of its new vehicles in accordance with the interim ordinance adopted by the City Council of the City of Brooklyn Center ("City") to temporarily allow the off-site storage of vehicles by an automobile dealership on property owned by the City or the EDA; and WHEREAS, the EDA determines that the storage of new vehicles by Luther is a reasonable use of the Property and will serve to address Luther's immediate need to secure off- site vehicle storage to facilitate the construction of its new facility within the City; and WHEREAS, the proposed lease has a limited term as the City Council considers whether to amend its code to make the off-site storage of vehicles an allowed use in the City; and WHEREAS, if the City Council agrees to amend its code, the EDA understands that Luther will likely seek approval to enter into a longer-term lease for the Property. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota ("Board") as follows: The Board hereby approves entering into a short-term lease with Luther to allow it to temporarily store its new vehicles on the Property. 2.EDA staff and officials are authorized to further negotiate the terms of the short-term lease and the President and Executive Director are authorized to execute the lease once it is in a form acceptable to the City Attorney. Exhibit B EDA RESOLUTION NO. 2018-06 May 29, 2018 e-2 Date President The motion for the adoption of the foregoing resolution was duly seconded by member Kris LAwrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Kris Lawrence-Anderson, DAn Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Exhibit C E x h i b i t D G A T E B A R R I C A D E B A R R I C A D E V E H I C L E T R A N S P O R T D R O P - O F F B A S S L A K E R O A D ( C O . R D . 1 0 ) SHINGLE CREEK PA R K W A Y JOHN MARTIN DRIVE H W Y 1 0 0 S N O W S T O R A G E A R E A B A R R I C A D E V E H I C L E S T O R A G E V E H I C L E S T O R A G E E A R L E B R O W N D R I V E B A R R I C A D E L a n d f o r m a n d S i t e t o F i n i s h a r e r e g i s t e r e d s e r v i c e m a r k s o f L a n d f o r m P r o f e s s i o n a l S e r v i c e s , L L C . R R i n c o l l a b o r a t i o n w i t h : T H E L U T H E R C O M P A N Y , L L L P T E M P O R A R Y V E H I C L E S T O R A G E F A C I L I T Y · B R O O K L Y N C E N T E R , M N 0 6 . 2 0 . 2 0 1 8 S I T E P L A N L E G E N D P R O P O S E D F E N C E P R O P O S E D B A R R I C A D E E X I S T I N G L I G H T P O L E S N O W S T O R A G E A R E A N O R T H 0 2 0 0 1 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 35-420. 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-1, I-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 (R1 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 required 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 Exhibit E 2 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 storage and showing how the vehicles are to be parked 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; c.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 storage: 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 operations; b. Any vehicles stored shall be sold or leased at the automobile dealership located in the city; c.Any off-site location shall conform to Section 35-711 of the Zoning Code, Parking Lot Screening; 3 d. 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 signage 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; i. Vehicles shall be stored in an orderly 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 4 Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) M E M O R A N D U M DATE: June 25, 2018 TO: Ginny McIntosh, City Planner/ Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Interim Use Permit to Allow for off Site Storage Public Works Department staff reviewed the following documents submitted for review on May 22, 2018, for an Interim Use Permit to Allow for Off Site Storage at 5900 Shingle Creek Parkway: Site Plans dated June 20, 2018 Interim Use Permit Comments 1.Applicant shall immediately mitigate any spills or leaks found on site, and notify the State duty officer as warranted. 2. Prior to spring melt; provide inlet protection measures to prevent trash in snow storage pile from reaching the storm sewer system. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit F The Luther Company, LLLP REQUEST: (1)Interim Use Permit for Off- Site Vehicle Storage at 5900 Shingle Creek Parkway Item 9.a City Council Meeting of 07/09/2018 Background and Request TheLutherCompany,LLLP,approachedtheCityinFebruary2018,statingthattheyhadaneedtostorenewvehiclesfora periodofuptotwoyears.TheimpetusforthestorageisrelatedtotheconstructionofanewMazdaandMitsubishi Dealershipat443568thAvenueNorth,whichwoulddisplacethecurrentstoragecapacitybeingusedbytheiradjacent dealerships. CityCouncilandPlanningCommission,throughaseriesofworksessions,publichearings,etc.,approvedofaprocessto allowfortheoff-sitestorageofnewvehiclesonatemporarybasis.ThisprocessrequiredanamendmenttoChapter35of theCityCodeofOrdinances(ZoningCode). CityCouncilunanimouslyapprovedthefirstreadingofthisordinanceatitsMay29,2018,meetinganddirectedstaffto scheduleapublichearingforJune25,2018. ApublichearingnoticewaspublishedintheBrooklynCenterSunPostonJune7,2018.TheCityCouncilconductedits secondreadingandpublichearingonJune25,2018,andunanimouslyapprovedtherequestedordinanceamendment. This Ordinance lays out the requirements for a complete application: Number of vehicles to be stored Purpose of off-site storage Route, frequency, times, and days vehicles will be brought on and off site Requested duration of storage As an Interim Use Permit request requires formal approval through Planning Commission and City Council, conditions may be placed on the approval of an Interim Use Permit, including: 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 Background and Request (Cont.) InanticipationoftheproposedamendmenttoChapter35relatingtotheoff-sitestorageofvehiclesby automobiledealerships,OrdinanceNo.2018-005waspreparedasameanstoregulateautomobile dealershipoff-sitevehiclestorageintheshortterm.ThisordinancewasadoptedonMay29,2018,andwas intendedtobridgethelengthoftimeitwouldtakeforanordinanceamendmentregardingtheinterim storageofoff-sitevehiclestocomeintoeffectfollowingadoptionofanordinanceamendmenttoChapter 35oftheCityCodeofOrdinances. AspartoftheInterimOrdinanceadoption,ashorttermleaseagreementwasalsoapprovedbetweenthe EconomicDevelopmentAuthorityandtheApplicant(theLutherCompany,LLLP)underEDAResolutionNo. 2018-06,withtheunderstandingthattheApplicantwouldbeundergoingthisprocess/requestforissuance ofanInterimUsePermit. TheLutherCompany,LLLP,submittedaPlanningCommissionApplicationrequestingreviewofarequestfor issuanceofanInterimUsePermitfortheoff-sitestorageofapproximately750vehicles. ApublichearingnoticewaspublishedintheBrooklynCenterSunPostonJune14,2018,andmailingnotices weresent. Planning Commission Review ApublichearingwasscheduledforandareviewwasheldfortherequestedInterimUsePermitatthePlanningCommission meetingonJune28,2018. Aspartofthereviewfortheproposedrequest,theCommissionersaskedquestionsoftheApplicantrelatingtothelength oftimevehicleswouldbestoredfor,theproposedlayoutofthesite,andtheimpactofanyapprovalontheanticipated redevelopmentoftheOpportunitySite. TheApplicanthasbeenintouchwiththeBrooklynCenterPoliceDepartmentandwasintheprocessofworkingthrough approvalofanAccess,Security,andLightingPlan,whichisarequirementofissuanceofanInterimUsePermit. ThePlanningCommissionreceivednoothercommentsfromthepublic,andunanimously(6-0)recommendedCity CouncilapprovaloftherequestedissuanceofanInterimUsePermitfortheoff-sitestorageofnewvehiclesonaportion of5900ShingleCreekParkway. OnJune29,2018,CitystaffwascontactedbyHealthPartnersDentalClinic,locatedat5901JohnMartinDriveinBrooklyn Center,andlocatedtothenorthoftheproposedoff-sitevehiclestoragelocation.Itwasidentifiedatthistimethat HealthPartnersstaffandcustomershadbeenutilizingaportionoftheSubjectPropertyforanumberofyearsasparking andthattheremightbeaneasement. ItwasultimatelydeterminedthattherewasaparkingandaccesseasementforusebyHealthPartnersDentalClinicand thataccesstothiseasementwastobemaintained. CityStaff,representativesoftheApplicant,includingLindaMcGinty,andrepresentativesofHealthPartners,metonsiteof theSubjectPropertyonJuly3,2018,toreviewtherecordedeasementdocumentationandmapandtheproposedsiteplan fortheoff-sitestorageofvehiclesbytheApplicant. Luther Off-Site Vehicle Site Plan (5900 Shingle Creek Pkwy) •PlansrevisedonJuly5 th •Notablechangesinclude: •Northfencelineshiftedone parkingrowanddriveaisle southtocomplywithexisting parkingandaccesseasement •Gateandbarricadeshifted south •Driveway,pedestrianand parkingeasementarecalled out •Westfencelineshiftedone parkingrowanddriveaisle westforlossofparkingon north(thisisarequestfrom Applicant) Recommendation BasedontheaforementionedfindingsthePlanningCommissionrecommendsCityCounciladopttheresolution regardingtherecommendeddispositionofPlanningApplicationNo.2018-010,submittedbytheLutherCompany, LLLP,forissuanceof: 1.AnInterimUsePermitfortheoff-sitestorageofapproximately750newvehiclesat5900ShingleCreek Parkway ApprovaloftheaforementionedrequestsaresubjecttotheApplicantcomplyingwithconditionsofapproval asoutlinedintheattachedCityCouncilResolutionandtherevisedsiteplansprovidedonJuly5,2018. Therevisedsiteplansreflectthepresenceofanaccessandparkingeasementalongthenorthproperty lineandanadjustmenttothewestperimeterofthefencedarea. COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman F R O M:G inny Mc Intosh S UBJ EC T:P lanning C ommis s ion Applic ation No. 2018-011, S ubmitted by Lux Apartments , LLC , R eques ting Approval of an Amendment to the 1992 P lanned Unit Development P lans and Doc uments and S ite Improvements to Allow for the C onvers ion of a F ormer S enior Living F ac ility to Market R ate Apartments (Located at 6100 S ummit Drive North) Recommendation: It is rec o mmended that the C ity C ounc il, following c o nsideratio n o f this planning ap p licatio n item, ad o p t the res olution regarding the dis pos itio n of P lanning C ommission Ap p licatio n No. 2018-011, sub mitted by Lux Apartments, LLC ., for the req ues ted amend ment to the 1992 P lanned Unit Develo p ment p lans and documents and s ite improvements that wo uld allo w for the c o nvers io n of a fo rmer s enior living fac ility to market rate apartments for the property loc ated at 6100 S ummit Drive North. Approval o f the aforementioned req uests would be sub ject to confo rmanc e with the o utlined approval conditions as noted in the attac hed C ity C ounc il res o lutio n, inc luding, b ut not limited to the Applic ant s ubmitting an ap p licatio n for S ite and Building P lan ap p ro val to further detail the req uested s ite improvements (e.g., additio nal on-s ite s urfac e parking), wall s ignage, and proposed additio n of three dwelling units. Approval by C ity C ounc il of a site and/or building plan would be required prior to the implementation of thes e reques ts. Background: C ity s taff met with the Applic ant in May 2018 to d is c us s the S ub ject P ro p erty, kno wn as Earle Brown Terrac e, or Earle Bro wn C ommons , and the redevelo p ment of the s enio r living fac ility to market rate ap artments. It was conveyed to C ity s taff at this time that the build ing was und er-o cc upied and would b e c lo s ing. It is to staff’s unders tanding that all res idents have s inc e been reloc ated out of Earle Brown Terrace s enior living facility. T he b uilding is loc ated on approximately 3.3 ac res and cons is ts of the his toric Minnes ota Highway P atrol office b uilding (als o kno wn as the “S ummit Bank Build ing”) and an 11-s to ry build ing, cons tructed in 1987. T hes e b uildings are c o nnected via an interio r walkway c o nnectio n and the S ubjec t P ro p erty features a two-level parking ramp. T he fo rmer s enior living fac ility o ffered independ ent and “c atered” (assisted ) living, d ining and other services, including a beauty s alon. As is p ro p o s ed under P lanning C o mmis s io n Applic ation No . 2018-011, the intent of the Ap p licant’s reques ts are to determine whether the C ity will allow the Ap p licant to convert the existing build ings into market-rate, multi-family res id ential units at a red uc ed parking ratio, as the S ubject P roperty was never c onstruc ted to the minimum req uired two (2) p arking stalls p er d welling unit nec es s ary for residential us es as required under C hapter 35 (Zo ning O rd inance) o f the C ity C ode o f O rd inanc es . Additio nally, the Ap p licant has made requests to permit additional wall s ignage allo wance on the s o uth elevation of the exis ting 11-s tory b uilding, and an allowance for three additional dwelling units to be cons tructed in the future. As the req uests req uire an amendment to the exis ting P lanning Unit Develo p ment p lans and doc uments originally ap p ro ved in 1992, in additio n to the reques ted site improvements , a pub lic hearing no tic e was published in the Brooklyn C enter S un P ost o n June 14, 2018, and mailing notices were sent. O n June 28, 2018, the P lanning C o mmis s io n c ond uc ted a p ublic hearing o n the Ap p licant’s req ues ts . No p ublic c o mments were provided either prior to o r during the meeting. T he Ap p licant, Lux Ap artments, LLC , was in attend anc e and answered q ues tio ns fro m the C ommis s ioners regard ing its anticipated us e o f the p ro p erty as market rate apartments, the reques ted parking ratio o f ap p ro ximately 1.7 parking spac es p er dwelling unit, encroac hments to the minimum required 15-foot green s trip fo r the p ro p o s ed surface p arking, and the anticipated loc ations of the three additional dwelling units . C ity staff reiterated to the P lanning C ommis s ion that thes e approvals will require that the Applic ant return to the C ity for fo rmal s ite and b uilding plan approvals prior to implementatio n o f the reques ted s ite improvements , additional wall signage allowanc e, and request to c onstruc t three additional dwelling units. As the S ubjec t P ro p erty is s till und er o wners hip by O G C Earle Bro wn, L L C , the Ap p lic ant is o f the unders tanding that, s hould they receive ap p ro val fro m the C ity of Bro o klyn C enter P lanning C o mmis s io n and C ity C o unc il, that they will be req uired to s ubmit full plan sets detailing drainage, grad ing, s tormwater and eros ion c o ntro l, wall s ignage plans , and architec tural p lans for any exterior c o nstruc tion o f ad d itional units as part of a P lanning C ommission ap p licatio n sub mittal fo r b uilding and s ite plan review thro ugh the C ity’s C ommunity Development Department. T he req ues ts outlined in the attac hed ap p licatio n, and as addressed in the P lanning C o mmis s io n R ep o rt dated June 28, 2018, are intend ed to provid e the Ap p licant the comfort necessary to c lo s e o n the purchas e of the S ubjec t P ro p erty. T his wo uld als o allow the Ap p licant to proc eed with plans fo r interior d emo lition and renovations while wo rking thro ugh the p rep aration of build ing, s ite, and s ignage p lans, and s ubmittal o f said plans for future c onsideration by the C ity’s P lanning C ommission and C ity C ouncil. C opies of the P lanning C ommission R ep o rt, d ated June 28, 2018, and C ity C ounc il res o lutio n are attac hed as referenc e. Requested Council Action: - Motion to approve resolution. Budget Issues: None to cons ider at this time. S trategic Priorities and Values: Targeted R edevelopment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-011 SUBMITTED BY LUX APARTMENTS, LLC, FOR AN AMENDMENT TO THE 1992 PLANNED UNIT DEVELOPMENT PLANS AND DOCUMENTS AND SITE IMPROVEMENTS TO ALLOW FOR THE CONVERSION OF A FORMER SENIOR LIVING FACILITY TO MARKET RATE APARTMENTS (LOCATED AT 6100 SUMMIT DRIVE NORTH) WHEREAS, the City Council approved site and building plans for the construction of an 11-story, 140-unit apartment complex submitted under Planning Commission Application No. 86027 through City Council Resolution Nos. 86-120 and 86-121on July 28, 1986, which approved an amendment to the comprehensive plan to allow for mixed use developments including high density, high-rise residential and general commerce in addition to service/office uses in the general area of Earle Brown Farm and site and building plan approval of the apartment complex; and WHEREAS, the City Council of Brooklyn Center approved Resolution No. 92-234 dated September 28, 1992, which approved the rezoning of two R-7 zoned parcels of land for the establishment of a mixed-use Planned Unit Development, including the Subject Property formerly known as Earle Brown Commons apartment building, and more recently as Earle Brown Terrace senior living facility, and located at 6100 Summit Drive North; and WHEREAS, the Planning Commission held a duly called public hearing on June 28, 2018, whereby a staff report and public testimony regarding the requested Planned Unit Development amendment and site improvements were received and considered by the Planning Commission, and the Planning Commission gave proper consideration of the Planned Unit Development amendment and site improvements by utilizing the guidelines for evaluating such requests as contained in Sections 35-230 ( Plan Approval ) and 35-355 ( Planned Unit Development ) of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Commission of the City of Brooklyn Center, Minnesota, determined that Planning Application No. 2018-011, submitted by Lux Apartments, LLC, may be approved based upon the following considerations: a) The request for amendment to the 1992 Planned Unit Development plans and documents is consistent with the initial approval of the PUD under City Council Resolution No. 92-234, in that the intent is for the Subject Property to remain as a multi-family residential property and is compatible with the standards, purposes, and intent of the Planned Unit Development section of the City’s Zoning Ordinance. RESOLUTION NO. b) The proposal for an amendment to the 1992 Planned Unit Development will allow for the continued utilization of the land in question in a manner that is compatible with, complementary to, and of comparable intensity to adjacent land uses and those previously housed within the buildings on the Subject Property, as well as those permitted on the surrounding land. This is with the exception that the additional land necessary to install parking on-site, which was never fully implemented and therefore did not meet the City’s minimum off-street parking requirement ratio of two (2) parking stalls per dwelling unit as outlined in the original site and building plan approval under City Council Resolution No. 86-121 due to the subdivision of the Subject Property and establishment of a mixed PUD under City Council Resolution 92-234, be allowed at a ratio of approximately 1.7 off-street parking spaces per dwelling unit, and the allowance of three additional dwelling units, for a total of 143 dwelling units, be permitted, subject to obtaining separate site and building plan approval. c) The proposed internal site organization, circulation, and parking facilities for the as proposed market rate apartments would be improved by providing the additional parking necessary for continued use of the buildings as multi-family residential. AND WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota did determine that the guidelines for evaluating the Planned Unit Development amendment and site improvements, as contained in Sections 35-230 and 35-355 of the City’s Zoning Ordinance, have been met, and the proposal is therefore, in the best interest of the community, subject to the Applicant complying with the identified conditions of approval as noted below. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota, that Planning Application No. 2018-011, submitted by Lux Apartments, LLC, which requests approval of an amendment to the Planned Unit Development plans and documents of 1992, and would allow for the as proposed parking ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143 dwelling units, and a wall sign allowance of up to 350-square feet on the south elevation of the existing eleven-story building on the Subject Property located at 6100 Summit Drive North, may be approved subject to the Applicant submitting a complete building, site plan and wall sign package for formal site and building plan approval by City Council and per the following conditions: 1. PUD Amendment/Site Improvement Review: This approval and all plans are subject to final review and approval through the formal submittal of a complete building and site RESOLUTION NO. plan package to the City for approval by Planning Commission and City Council. No exterior construction or alteration to the site, including the installation of additional parking, installation of wall signage on the south elevation of the 11-story building, construction of additional units, etc., shall be permitted until the Applicant has received approval for the yet to be submitted site and building plans and issuance of building and/or sign permits. All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents and as approved by the City Council. b. Any exterior improvements to the existing two buildings or additions to the buildings will need to meet the City’s Architectural Design Guidelines, which requires that at least 50-percent of each elevation (face) of the buildings be constructed of Class I materials, with the remainder constructed of Class II materials. c. The Applicant shall provide written verification to City staff as to whether the historic former Minnesota State Patrol office building (also known as the “Summit Bank Building”) is subject to any design considerations as part of state or federal historic society designation prior to performing any interior or exterior work. 2. Agreements: a. The existing PUD agreement with the City of Brooklyn Center shall be revised to reflect these and any future approvals. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted complete plan set, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under the yet to be approved site and building plans. c. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memo, dated June 25, 2018. a. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer as part of the yet to be submitted complete building, site plan, and wall signage package for City site and building plan approval RESOLUTION NO. and prior to the issuance of permits. 4. Landscaping: The Applicant shall provide an updated landscape plan with planting schedule that meets the minimum requirements as identified under the City’s Landscape Point System Policy for multi-family residential uses and in consideration of the site requirements identified by the Assistant City Engineer. All landscaped areas shall include approved irrigation systems to facilitate site maintenance. 5. Lighting: The Applicant shall provide a lighting plan that identifies all existing and proposed lighting for the parking lots and building. The lighting plan shall include a site- wide photometric plan that is in conformance with the lighting provisions as noted under the City Zoning Ordinance and in consideration of the City’s Architectural Design Guidelines. Fixture specifications shall be provided prior to issuance of any building permits. 6. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a. A wall sign allowance of up to 350-square feet, and to be located on the south elevation of the 11-story building, is approved. a. Approval of said wall sign allowance is subject to the review and approval of detailed sign plans as part of the City’s building and site plan review process through Planning Commission and City Council. b. The wall sign on the south elevation of the building is to utilize backlighting (halo-lighting) as a means of illumination and shall be complementary to the architectural styles and building materials used on both buildings on the Subject Property. b. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. July 9, 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. ________________ App. No. 2018-011 PC 06/28/2018 Page 1 Planning Commission Report Meeting Date: June 28, 2018 Application No.2018-011 Applicant: Lux Apartments, LLC Location: 6100 Summit Drive North (PID: 35-119-21-44-0012) Request: (1) Amendment to Planned Unit Development plans and documents, and (2) Site Improvements to Allow for the Conversion of a Former Senior Living Facility to Market Rate Apartments INTRODUCTION Lux Apartments, LLC (the “Applicant”) is requesting review and consideration of an amendment to the 1992 Planned Unit Development (PUD) plans and documents and approval of site improvements that would allow for the improvements necessary to proceed with the conversion of a former senior living facility to market rate apartments (Exhibit A). As part of the application process, a public hearing notice was published in the Brooklyn Center Sun Post on June 14, 2018, and notices were mailed to surrounding property owners (Exhibit B). Image 1. Subject Property Location (6100 Summit Drive North) • Application Filed: 05/29/2018 • Review Period (60-day) Deadline: 08/27/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-011 PC 06/28/2018 Page 2 BACKGROUND City staff met with the Applicant in May 2018 to discuss the Subject Property, known as Earle Brown Terrace, or Earle Brown Commons, and the redevelopment of the senior living facility to market rate apartments. It was then conveyed to City staff that the building was under-occupied and would be closing. It is to staff’s understanding that all residents have, as of this report, been relocated out of Earle Brown Terrace senior living facility. The building is located on approximately 3.3 acres and consists of the historic Minnesota Highway Patrol office building (also known as the “Summit Bank Building”) and an 11-story building, constructed in 1987. These buildings are connected via an interior connection and feature a two-level parking ramp. The former senior living facility offered independent and “catered” (assisted) living, dining and other services, including a beauty salon. As is proposed under Planning Commission Application No. 2018-011, the intent of the Applicant’s requests is to determine whether the City will allow the Applicant to convert the existing buildings into market-rate, multi-family residential units at a reduced parking ratio, as the Subject Property was never constructed to the minimum required two (2) parking stalls per dwelling unit necessary for residential uses. Additionally, the Applicant has made requests to permit for an additional wall signage allowance on the south elevation of the existing 11-story building, and allow for three additional units to be constructed in the future. It should be noted that these approvals will require that the Applicant return to the City for site and building plan approvals. As the Subject Property is still under ownership by OGC Earle Brown, LLC, the Applicant is of the understanding that, should they receive approval from the City of Brooklyn Center Planning Commission and City Council, that they will be required to submit full plan sets detailing drainage, grading, stormwater and erosion control, wall signage plans, and architectural plans for any of the site improvements or exterior construction of additional units as part of Planning Commission application submittal for building and site plan review through the City’s Community Development Department. The requests outlined in the attached application and as addressed in the staff report are intended to provide the Applicant the comfort necessary to close on the purchase of the Subject Property. AMENDMENT TO PLANNED UNIT DEVELOPMENT In 1986, under Planning Commission Application No. 86007, the Subject Property received plat approval to re-subdivide land surrounding Earle Brown Farm. This land was at that time zoned I-1 (Industrial Park) District and was bounded by Summit and Earle Brown Drives. Planning Commission Application No. 86010, approved by City Council under Resolution No. 86-121, resulted in the re-zoning of approximately 7.1 acres, of which included the Subject Property, from I-1 to R-7 (Multiple Family Residence) District. Approval of site and building plans for an 11-story, 140-unit apartment complex with a brick exterior, one story lounge, and connecting parking ramp were approved under Planning Commission Application No. 86027 on July 17, 1986, by Planning Commission, and on July 28, 1986, by City Council. This approval was as part of a previously recommended amendment by City Council to the Brooklyn Center Comprehensive Plan “to allow mixed use development, including high-rise, high-density residential development on the land in and around the Earle Brown Farm.” The 2030 Brooklyn Center Comprehensive Plan identifies the Subject Property’s existing and future use as “MF” or high density multi-family residential. ________________ App. No. 2018-011 PC 06/28/2018 Page 3 In 1992, under Planning Commission Application No. 92013, the Subject Property and the property to the south (6001 Earle Brown Drive) were re-zoned from R7 (Multiple Family Residence) District to PUD- Mixed (Exhibit C). This re-zoning was partially in order to help facilitate the development of neighboring 6001 Earle Brown Drive into a senior housing facility, which was to be located in three buildings or “houses.” Today, this property is home to the Ecumen Prairie Lodge. As part of the PUD approval, staff comments at that time noted that the Earle Brown Commons (Terrace) senior living facility project was, “clearly intended to be a two phase development with the second phase to be another high rise building, attached to the phase one building at the property line. With the proposal of the Evergreens residential care facility (now known as Ecumen Prairie Lodge), phase two of the Earle Brown Commons (Terrace) is being abandoned.” Building Review As proposed under this Application, the Applicant would be requesting approval for the addition of three dwelling units, for a total of 143 units. No architectural renderings or construction plans have been received; therefore, the Applicant is aware that any construction of additional units will require the Applicant to submit a separate Planning Commission application for construction of the additional units as part of building and site plan approval. As part of this request, any future units will require that the Applicant follow the Citywide Architectural Design Guidelines, including, but not limited to, a minimum 50% Class I building material ratio and remaining Class II building material ratio on each elevation (face) for any new additions. Per discussions with Earle Brown Heritage Center (EBHC) Manager Bruce Ballanger, City staff will request that, as part of any approvals under this application, that the Applicant provide verification that the historic former Minnesota Highway Patrol office building (also known as the “Summit Bank Building”) is not subject to any state or federal historic designations. EBHC Manager Ballanger did clarify that, while the Earle Brown Heritage Center carries state historical preservation society designation, he is unsure as to the status of the former Highway Patrol office building located on Summit Drive North. The former Minnesota Highway Patrol office building was previously home to the patrol’s jail, Earle Brown’s office, and a shooting range. It was more recently used as a reception and office area for the Earle Brown Terrace senior living facility. Given that the original intent was for Earle Brown Commons (Terrace) to be expanded into a second phase, staff is aware that the existing dining room wing and connection between the historic building and 11-story building is set approximately four (4) feet from the property line. This has been acknowledged and there are no plans to expand this wing. Access and Parking Construction of the Ecumen Prairie Lodge (6001 Earle Brown Drive) in 1992 resulted in the Subject Property losing the majority of its proof-of-parking spaces, which would have been located on the phase two parcel (now the site of Ecumen Prairie Lodge). As residential units require a minimum of two parking spaces per unit, the Subject Property would have required a total of 280 parking spaces for 140 units. At the time of PUD consideration in 1992, there were 173 parking spaces on-site, including 140 spaces in the two-level parking ramp. The Applicant has noted in their submittal the presence of 171 parking stalls. The Applicant is requesting to install an additional 73 parking stalls on-site of the Subject Property. Construction of these spaces would provide for a total of 244 parking spaces (approximately 1.7 parking spaces per dwelling unit), ________________ App. No. 2018-011 PC 06/28/2018 Page 4 leaving the Subject Property 36 spaces shy of the 280 spaces necessary for the original 140 units, or 42 spaces shy of the minimum 286 spaces necessary for the as requested 143 units. As has been indicated by the Applicant, the addition of parking on site would result in less than one-half acre of increased impervious surface. The total anticipated disturbance would need to be confirmed by the Assistant City Engineer as part of a future building and site plan submittal. Per the Zoning Code, no parking shall be permitted within 15 feet of the street right-of-way, and this area shall be maintained as a green strip. Installation of the additional parking would result in the encroachment of some new surface parking spaces and a turnaround into the 15-foot green strip area along the south and east entrances to the Subject Property. Although the submitted site plan does not fully detail the extent of encroachment, it appears the existing parking ramp structure already encroaches slightly at three points. The proposal notes that the minimum required 24-foot wide drive aisles would be achieved for 90- degree two way parking with the exception of the uphill drive to the upper parking ramp, which is noted at 23.2 feet in width. 90-degree parking spaces would need to meet the minimum 8 foot, 8 inch width and 18-foot length requirements per the City’s Zoning Code. The Applicant will also need to provide sufficient accessible parking and loading spaces to comply with the 2015 Minnesota Accessibility Code requirements near the main entrances to the buildings. Landscaping The project submittal includes a preliminary landscape plan and planting schedule, which would need to be confirmed for compliance with the Landscape Point System Policy and identified recommendations per the Assistant City Engineer at time of site plan submittal. Although City Code does not have any specific requirements on landscaping, 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 multi-family residential sites to provide a specific amount or number of landscaping units, and is based on the maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). As part of the updated building and site plan package submittal for building and site plan approval, the Applicant shall provide an updated landscape plan noting the schedule for the approximately 3.3 acre site. The updated landscape plan should take into account existing plantings as well as any additional requirements per the Assistant City Engineer (below). Engineering Review Per Assistant City Engineer Andrew Hogg’s memorandum dated June 25, 2018, and his review of the conceptual site plans dated May 29, 2018, approval of the aforementioned requests are subject to the Applicant submitting a complete site plan package for final building and site plan approval, as the submitted grading plan only outlines directional flows (Exhibit D). The submitted conceptual plans will need to be revised prior to this submittal to reflect required documentation as identified in the Zoning Code under Section 35-230 (Plan Approval) and Section 35- 235 (Permit for Land Disturbing Activities). As part of these conditions, Assistant City Engineer Hogg indicated that pedestrian connections to existing sidewalks and bicycle parking facilities be reflected in the updated site plan package. Additionally, any stormwater runoff shall be treated on-site, in rain gardens, swales, and any other ________________ App. No. 2018-011 PC 06/28/2018 Page 5 water quality Best Management Practices (BMPs) shall include pre-treatment. The proposed run off rates submitted as part of the required site and building plan approval will require that they be equal to or below the existing runoff rates. Signage As part of the PUD amendment request, the Applicant has also indicated a desire to install wall signage on the south elevation of the 11-story building. Per Section 34-140.3.C.2 (Residential Districts) of the City Sign Ordinance, • Multiple family dwelling may have one wall sign per building not to exceed 10 square feet in area. • Cluster developments or complexes in R3 through R7 districts involving not less than 36 dwelling units shall be entitled to one of the following options at each major entrance not to exceed a total of two entrances: a. One freestanding sign no greater than 36 square feet in area and extending not more than 10 feet above ground level. b. Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than five feet above ground level. As proposed, the Applicant would be requesting an allowance of up to 350-square feet of wall signage on the south elevation of the building (facing towards Highway 100) to be better in line with the wall signage on the neighboring multi-story office buildings and hotel. As an example, the Embassy Suites Hotel (6300 Earle Brown Drive) and surrounding office buildings to the west and east, which possess a C1A zoning designation, are permitted wall signage on each wall, “provided the aggregate area of such signs does not exceed 10-percent of the area of the wall supporting the signs.” Approval of the requested additional wall sign allowance would be in addition to the standard allowances outlined in Chapter 34 of the City Code (Sign Ordinance) and above. As part of any approval of the requested 350-square foot signage allowance, detailed plans noting the location, dimensions, lighting, etc., will need to be provided as part of the building and site plan approval process. As has been discussed with the Applicant, City staff has requested that any approval for the increased sign area include a provision that said wall sign on the south elevation utilize backlighting (halo lighting) and be complementary aesthetically to both buildings located on the Subject Property. Based on staff findings, staff recommends Planning Commission recommendation of the amendment to the 1992 Planned Unit Development plans and documents to allow for the as proposed parking ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143 dwelling units, and a wall sign allowance of up to 350-square feet on the south elevation of the 11- story building, on the Subject Property located at 6100 Summit Drive North, subject to the Applicant submitting a complete building and site plan package for formal site and building plan approval by the City of Brooklyn Center and complying with the Approval Conditions as noted below. APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of the amended 1992 Planned Unit Development plans and documents and aforementioned site improvements to allow for the conversion of a former senior living facility to market rate apartments: ________________ App. No. 2018-011 PC 06/28/2018 Page 6 1. PUD Amendment/Site Improvement Review: This approval and all plans are subject to final review and approval through the formal submittal of a complete building and site plan package to the City for formal site and building plan approval. No exterior construction or alteration to the site, including the installation of additional parking, installation of wall signage on the south elevation of the 11-story building, construction of additional units, etc., shall be permitted until the Applicant has received approval for the yet to be submitted site and building plans and issuance of building and/or sign permits. All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. b. Any exterior improvements to the existing two buildings or additions to the buildings will need to meet the City’s Architectural Design Guidelines, which requires that at least 50-percent of each elevation (face) of the buildings be constructed of Class I materials, with the remainder constructed of Class II materials. c. The Applicant shall provide written verification to City staff as to whether the historic former Minnesota State Patrol office building (also known as the “Summit Bank Building”) is subject to any design considerations as part of state or federal historic society designation prior to performing any interior or exterior work. 2. Agreements: a. The existing PUD agreement with the City of Brooklyn Center shall be revised to reflect these and any future approvals. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted complete building and site plan package, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under the yet to be approved site and building plans. c. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memo, dated June 25, 2018 (Exhibit D). a. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer as part of the yet to be submitted complete building and site plan package for City site and building plan approval and prior to ________________ App. No. 2018-011 PC 06/28/2018 Page 7 the issuance of permits. 4. Landscaping: The Applicant shall provide an updated landscape plan with planting schedule that meets the minimum requirements as identified under the City’s Landscape Point System Policy for multi-family residential uses and in consideration of the site requirements identified by the Assistant City Engineer. All landscaped areas shall include approved irrigation systems to facilitate site maintenance. 5. Lighting: The Applicant shall provide a lighting plan that identifies all existing and proposed lighting for the parking lots and building. The lighting plan shall include a site- wide photometric plan that is in conformance with the lighting provisions as noted under the City Zoning Ordinance and in consideration of the City’s Architectural Design Guidelines. Fixture specifications shall be provided prior to issuance of any building permits. 6. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a. One wall sign allowance of up to 350-square feet, and to be located on the south elevation of the 11-story building is approved. a. Approval of said wall sign is subject to the review and approval of detailed sign plans as part of the City’s building and site plan review process through Planning Commission and City Council. b. The wall sign on the south elevation of the building is to utilize backlighting (halo-lighting) as a means of illumination and shall be complementary to the architectural styles and building materials used on both buildings on the Subject Property. b. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends City Council approval of the requested amendment to the 1992 Planned Unit Development plans and documents for the Subject Property located at 6100 Summit Drive North, subject to the Applicant submitting a Planning Commission application for building and site plan approval and a complete building, site plan, and wall sign package for review and approval by the City of Brooklyn Center and complying with the Approval Conditions as noted above. Future approval of a building and site plan for the Subject Property would allow for the as proposed parking ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143 dwelling units, and a wall sign allowance of up to 350-square feet on the south elevation of the 11-story building. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the resolution to be provided prior to the scheduled Planning Commission meeting on June 28, 2018. ________________ App. No. 2018-011 PC 06/28/2018 Page 8 Attachments Exhibit A- City Submittal for 6100 Summit Drive North by Lux Apartments, LLC, and CivilSite Group dated May 29, 2018. Exhibit B- Public Hearing Notice for 6100 Summit Drive North, published by Brooklyn Center Sun Post, dated June 14, 2018. Exhibit C- Planning Commission Application No. 92013 Planning Commission Information Sheet, dated September 17, 1992. Exhibit D- Review Memo, prepared by Assistant City Engineer Andrew Hogg, dated June 25, 2018. E x h i b i t A E x h i b i t B Exhibit C M E M O R A N D U M DATE: June 25, 2018 TO: Ginny McIntosh, City Planner/ Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: (PUD) and Site Improvements – Earle Brown Terrace Public Works Department staff reviewed the following documents submitted for review on May 29, 2018, for the amendment to a Planned Unit Development (PUD) and Site Improvements that would allow for the Conversion of an Existing Senior Living Facility to Market Rate Apartments: Conceptual Site Plans dated May 29, 2018 Subject to approval of amendment to the Planned Unit Development, the applicant shall submit complete site package for final Building & Site Plan approval and the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: PUD Comments 1. Applicant must submit complete package for building & site plan review. 2. Provide pedestrian connections to existing sidewalks. 3. Provide bicycle parking facilities. 4. Stormwater runoff shall be treated on-site, in rain gardens, swales and other water quality BMP’s and such improvements shall include pretreatment. Proposed runoff rates shall be equal to or below existing runoff rates. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit D Lux Apartments, LLC REQUEST: (1)PUD Amendment (2)Site Improvements for 6100 Summit Drive North Item 9.b City Council Meeting of 07/09/2018 Existing Conditions Source: Earle Brown Terrace Facebook Page Google Maps Background & Request Applicantisrequestingapprovalof: (1)PUDAmendmenttotheExisting1992PlansandDocuments (2)SiteImprovementstotheSubjectProperty Anallowanceforanoff-streetparkingratioofapproximately1.7parkingspacesperdwellingunitvs.theminimum required2parkingspacesperdwellingunit Wallsignageallowanceofupto350-squarefeetonthesouthelevationoftheexisting11-storyapartmentbuilding Anallowanceofthree(3)additionaldwellingunitsforfutureapprovalforatotalof143unitsvs.theexisting140units IntentoftheApplicant’srequestsunderPlanningCommissionApplicationNo.2018-011istodeterminewhetherthe CitywillallowtheApplicanttoconverttheexistingbuildingsintomarket-rate,multi-familyresidentialunitsata reducedparkingratio.TheSubjectPropertywasneverconstructedtotheminimumrequiredtwo(2)parkingstallsper dwellingunitnecessaryforresidentialuses. Additionally,theApplicanthasmaderequeststopermitforanadditionalwallsignageallowanceonthesouth elevationoftheexisting11-storybuilding,andallowforthree(3)additionalunitstobeconstructedinthefuture. Anyapprovalsaspartoftonight’smeetingwillrequirethattheApplicantsubmitaPlanningCommission Applicationforfuturesite/buildingplanapprovalwithfullplansetsdetailingdrainage,grading,stormwater anderosioncontrol,wallsignageplans,andarchitecturalplansforthesiteimprovementsand/orexterior constructionadditionalunits. NOTE:TheserequestsshouldbeviewedasamendmentstoaPUDMasterPlan,withapprovalof finalsite/buildingplanstocome. Request #1 : 1.7 spaces/unit allowance Existing Proposed Request #1 : 1.7 spaces/unit allowance (Cont.) TheSubjectPropertywasneverconstructedwiththeminimumrequiredtwo(2)parkingspacesperdwelling unit. ConstructiontomeetminimumZoningCodestandardswouldhaverequiredconstructionof280parkingspacesfor140units. DevelopmentontheSubjectPropertywasoriginallyintendedtobeatwo-phasedevelopment,butneverhappenedandthesecond phasewasabandoned. ConstructionoftheEcumenPrairieLodgefurtherminimizedopportunitiestoconstructadditionalparking. Therearecurrently171parkingspacesonsite(109spacesdeficientassuming140dwellingunits). TheApplicantisrequestingtoinstall73additionalparkingstallson-site. Additionalparkingwouldbemadeupthroughalteringtheexistingu-shapedparkingdriveonthewestsideoftheproperty,re-stripingonthe upperandlowerlevelsoftheparkingramp,andinstallationofadditionalsurfaceparkingonthesouthandeastsidesoftheproperty. TheApplicantcurrentlydoesnothaveplansatthistimetoconstructnewlevelstotheparkingramp. ParkingDeficiency: Assuming140dwellingunits,theSubjectPropertyis36spacesdeficient. Assuming143dwellingunits,theSubjectPropertyis42spacesdeficient. TheApplicantwillneedtosubmitafullsetforformalplanapprovaltofurtheraddressthesite. PertheZoningCode,noparkingshallbepermittedwithin15feetofthestreetright-of-way. Installationofadditionalparkingwouldlikelyresultintheencroachmentofsomenewsurfaceparkingspacesandaturnaroundalongthe southandeastentrancestotheSubjectProperty. Thedegreeofencroachmentwouldbebetterdetermineduponfuturesubmittal. Theminimumrequired24-footwidedriveaislesappeartobeachievedfor90-degree,twowayparkingwiththeexceptionoftheuphill drivetotheparkingramp(23.2feet) Theminimumwidthanddepthrequirementswouldneedtobemet,alongwithsufficientADAparkingnearthemainentrancesofthe buildings. Request #2 : 3 Additional Dwelling Units Allowance Applicantisrequestingallowanceforthefutureconstructionofthree(3)additionaldwellingunitseither withintheexistingbuildingsorpotentiallyononeoftherooftopterraces. Noarchitecturalrenderingsorconstructionplanswerereceivedandtherearenoimmediateplanstoconstructtheunits Anyapprovalfortheadditionalunitswouldrequireseparateplanapproval AstheSubjectPropertyiszonedPUD-Mixed,staffhasindicatedthattheconstructionoffutureadditions/unitsshouldrequire theApplicanttofollowtheCitywideArchitecturalDesignGuidelines,including,butnotlimitedto,aminimum50%ClassI buildingmaterialratioandremainingClassIIbuildingmaterialratiooneachelevation(face). Background TheSubjectPropertywaszonedR-7atthetimeofsiteandbuildingplanapprovalforthe11-storybuilding(1986). In1992,theSubjectPropertyand6001EarleBrownDrive(EcumenPrairieLodge)werere-zonedfromR7(MultipleFamily Residence)DistricttoPUD-Mixed. TheComprehensivePlanatthattimerecommended,“MixedUseDevelopment(includinghigh-density,high-riseresidential, service/office,andgeneralcommerce)”forthispropertyandthesurroundingareapertheStaffReportincludedwithPlanning CommissionApplicationNo.92013(PUD-MixedRezoning). TheStaffReportdoesnotdefinenoroutlinethedensityrequirementsforzoningdesignationsof“Mixed”andthepropertywasre- zonedfromR-7. TherezoningoftheSubjectPropertyfromR7toPUD-MixedandestablishmentofaPUDwasapprovedatadensityof42.9units peracrefor140existingdwellingunits.TheApplicantisrequestingapprovalofadensityof43.9unitsperacrefortheproposed 143dwellingunits. ThemaximumallowabledensityundertheoriginalR7-zoningdesignationwas31.1unitsperacre. Request #3 : Wall Signage Allowance As part of the PUD amendment request, the Applicant has also indicated a desire to install up to 350-square feet of wall signage on the southern elevation of the 11-story building. Per Section 34-140.3.C.2 (Residential Districts) of the City Sign Ordinance, Multiple family dwelling may have one wall sign per building not to exceed 10 square feet in area. Cluster developments or complexes in R3 through R7 districts involving not less than 36 dwelling unitsshall be entitled to one of the following options at each major entrance not to exceed a total of two entrances: One freestanding sign no greater than 36 square feet in area and extending not more than 10 feet above ground level. Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than five feet above ground level. The Applicant is requesting for a signage allowance that is consistent with the signage of the neighboring hotels and office buildings. Example: C1A Zoning Designation allows for an aggregate area of 10 percent of each wall supporting the signs. Summary A Public Hearing was held at the Planning Commission meeting on June 28for the requests th A public notice was published in the Brooklyn Center Sun Poston June 14, 2018 th Notices were mailed to surrounding property owners No comments were made for or against the project prior to or during the meeting PlanningCommissionadoptedPCResolutionNo.2018-011,subjecttotheApplicantcomplyingwithall conditionsasnotedintheResolutionandEngineer’sMemorandum,andreturningforfuturesiteand buildingplanapproval(s)withcompletedfullplansets. Recommendation BasedontheaforementionedfindingsthePlanningCommissionrecommendsCityCounciladopttheresolutionregarding therecommendeddispositionofPlanningApplicationNo.2018-011,submittedbyLuxApartments,LLC,forapprovalof: 1.Anamendmenttothe1992PlannedUnitDevelopmentPlansandDocuments;and 2.SiteImprovementsthatwouldprovide: Anallowanceforanoff-streetparkingratioofapproximately1.7parkingspacesperdwellingunitvs.theminimum required2parkingspacesperdwellingunit Wallsignageallowanceofupto350-squarefeetonthesouthelevationoftheexisting11-storyapartmentbuilding Anallowanceofthree(3)additionaldwellingunitsforfutureapprovalforatotalof143unitsvs.theexisting140 units ApprovaloftheaforementionedrequestsaresubjecttotheApplicantcomplyingwithconditionsof approvalasoutlinedintheattachedCityCouncilResolutionandreturningwithfullplansetsforfuture planapproval(s). COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Xiong T hao, Housing and C ommunity S tandards S upervis or S UBJ EC T:Type I V - 6 Month P rovis ional R ental Lic ense for 7131 Halifax Ave N Recommendation: It is recommended that the C ity C ounc il c onsider approval of the Mitigation P lan and is s uance of a Type I V 6-Month P rovis ional R ental Lic ense for 7131 Halifax Ave N. T he applic ant or repres entative has an opportunity to pres ent evidenc e regarding the s ubmitted Mitigation P lan. If the C ouncil choos es to modify or disapprove the Mitigation P lan, it is recommended that the motion be to direct staff to prepare propos ed findings for disapproval for modification or disapproval of the Mitigation P lan and notify the licens e applic ant of any pending licens e ac tions to be taken at a subs equent C ouncil Meeting. (By ordinanc e, the applic ant hearing is intended only to modify or approve the Mitigation P lan and is not to be us ed as an opportunity to modify a lic ense type.) Background: T his owner is applying for a renewal rental lic ense. T his is s ingle family property. T he previous rental licens e was a Type I V R ental Licens e. T his property qualifies for a Type I V R ental Licens e based on eleven (11) property c ode violations found during the initial rental lic ense inspec tion and zero (0) validated polic e nuisance inc idents for the past twelve months . S taff from Administration, Building & C ommunity S tandards and P olic e Departments worked with the property owner regarding a mitigation plan, whic h requires P hase I, I I and I I I of the C rime F ree Housing P rogram, and other items inc luded by C ity ordinanc e for a Type I V R ental Licens e. A Mitigation P lan has been developed addres s ing the requirements of the ordinance and any issues spec ific to the property. T herefore, s taff is rec ommending approval of the Type I V R ental Lic ense on condition of adherence to the Mitigation P lan. P lease refer to the attached c opy of the Mitigation P lan for more information. C urrent rental licens e approval ac tivities for lic ense expires on 08/31/2018: 12-01-2017 T he O wner, Joan G udmundsen, applied for renewal of the rental dwelling licens e for 7131 Halifax Ave N, a single family dwelling. 12-28-2017 An initial rental licens e ins pection was conduc ted and failed. 6 property c ode violations were c ited, see attached rental criteria. 01-30-2018 P roperty Manager called to re-s chedule inspec tion. 02-07-2018 P roperty Manager called to re-s chedule inspec tion. 02-12-2018 A s econd rental inspec tion was c onducted and failed. 3 property c ode violations were c ited. 02-20-2018 T he $100 re-inspec tion fee was paid. 02-26-2018 A third rental inspec tion was c onducted and failed. O ld c orrections made, 1 new property code violation was cited, s ee attac hed rental c riteria. 02-28-2018 T he previous rental lic ense expired. 03-13-2018 A fourth rental ins pection was conduc ted and failed. A $100 re-ins pection fee was c harged to the property. 03-16-2018 A fifth rental inspec tion was c onducted and failed. All the c orrections made, however, the $100 re-ins pection fees remain due. 03-23-2018 T he $100 re-inspec tion fee was paid. T he rental ins pection was pas s ed. 04-06-2018 C ity rec ords indicate 0 validated police nuis anc e incidents occ urred in the past twelve months . 04-06-2018 A letter was sent to the owner(s) notifying of qualification for Type I V 6-Month P rovis ional R ental Lic ense, including additional requirements to obtain a rental lic ense. I.e. submit mitigation plan, completion of P has es I, I I, and I I I of C rime F ree Hous ing P rogram, etc. 05-24-2018 A $300 Administrative C itation was issued for renting without a licens e. 06-01-2018 A Mitigation P lan was s ubmitted. 06-28-2018 T he Mitigation P lan was finalized. 07-02-2018 A letter was sent to the owner notifying that the hearing before the C ounc il will be held July 9, 2018. If approved, after six months , a new rental lic ense is required. T he licens e proc es s will begin immediately. T he new licens e will be bas ed on the property c ode violations found during the initial renewal lic ense inspec tion and the number of validated police calls for services for disorderly ac tivities and nuis anc es as defined in 12- 911. T he terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: S ection 12-913. T YP E I V P R O VI S I O NAL LI C ENS ES . 1. R ental properties that meet the provisional lic ensing criteria as des cribed in S ection 12-901 are eligible only for provis ional licens es . 2. T he C ity will provide by mail to eac h licens ee a monthly report of any polic e and fire calls and incidents and applicable property C ode violations as desc ribed in S ec tion 12-901. 3. Mitigation P lan. T he applic ant for a provis ional licens e mus t s ubmit for C ouncil review a mitigation plan for the licens e period. T he mitigation plan s hall des cribe s teps propos ed by the applic ant to reduce the number of polic e and fire calls and/or the property C ode is s ues des cribed in S ec tion 12-901 and 12-911 to a level that qualifies for a Type I, I I, or I I I licens e. T he mitigation plan may include such steps as changes in tenant s creening proc edures, c hanges in leas e terms , s ecurity measures , rules and regulations for tenant c onduct, s ecurity personnel, and time frame to implement all phas es of the C rime F ree Hous ing P rogram. 4. C ouncil C onsideration. T he applic ation with a propos ed mitigation plan will be presented to the C ity C ounc il together with a rec ommendation by the C ity Manager or the Manager ’s designee as to the dis pos ition thereof. After giving the applicant an opportunity to be heard and present evidence, the C ounc il shall approve, dis approve, or approve with conditions the application and the mitigation plan. If the C ouncil dis approves an application and mitigation plan or approves it with conditions , it s hall state its reas ons for so doing in writing. In evaluating a mitigation plan, the C ounc il will c onsider, among other things, the facility, its management prac tic es , the nature and serious ness of c auses for polic e and fire inc idenc es and/or property C ode is s ues and the expected effec tiveness of measures identified in the plan to reduce the number of polic e and fire inc idenc es and/or property C ode violations . In evaluating a mitigation plan s ubmitted by an applicant already under a provisional lic ense, the C ouncil will als o c onsider the effec tiveness of measures identified in the applic ant’s previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property C ode violations. 5. C omplianc e with Mitigation P lan. T he licens ee shall c omply with the mitigation plan as approved or modified by the C ouncil. No later than the tenth day after eac h calendar month, the lic ensee s hall mail or deliver to the C ity Manager a written report des cribing all steps taken in furtheranc e of the mitigation plan during the prec eding month. Rental License Category Criteria P olicy – Adopted by City Council 03-08-10 1. Determining License Categories. Licens e c ategories are bas ed on property code and nuis anc e violations noted during the initial or renewal licens e ins pection or for a c ategory verific ation ins pection, along with exc es s ive validated polic e service calls occ urring over a year. Licens e c ategories are performanc e based and more ac curately depic t the c ondition of the property and the C ity costs of s ervic e. 2. Fees. F ee amounts are determined by the costs of the c ity to lic ense, ins pect, monitor and work with the property to ensure c ategory conditions are met. Licens e fees do not inc lude reinspec tion fees, late fees, c harges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. T he lic ensee or designated agent mus t meet the c ategory conditions in the time period spec ified by the C ity. A licens ee mus t meet all original conditions required by the Licens e C ategory, even if a s ubsequent lic ense category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. P roperty c ode violation rates will be bas ed on the average number of property code violations per unit identified during the licens ing ins pection or c ategory verific ation ins pection. P roperty code violations for purpos es of determining lic ensing categories s hall inc lude violations of property code and nuis anc es as defined in C hapter 12, 19, 7 and other applicable local ordinances. T he C ity may, upon c omplaints or reas onable concerns that the es tablishment no longer complies with the lic ense category c riteria, perform a c ategory verific ation ins pection to the same s tandards as the lic ense renewal ins pection as indicated below. Ins pections will be c onducted in c onjunc tion with establis hed department policies. In c as es where 100% of the units are not inspec ted, the minimum ins pection s tandards will be es tablished as follows: · At leas t 75% of units will be ins pected for properties with 15 or les s units . · At leas t 25% of units, to include a minimum of 12 units , will be ins pected for properties with 16 or more units. P roperty Code and Nuisance Violations Criteria License Category Number of Units P roperty Code Violations per Inspected (Based on P roperty C ode O nly) Unit Type I – 3 Year 1-2 units 0-1 3+ units 0-0.75 Type I I – 2 Year 1-2 units G reater than 1 but not more than 4 3+ units G reater than 0.75 but not more than 1.5 Type I I I – 1 Year 1-2 units G reater than 4 but not more than 8 3+ units G reater than 1.5 but not more than 3 Type I V – 6 Months 1-2 units G reater than 8 3+ units G reater than 3 b. Police S ervice Calls. P olice call rates will be based on the average number of valid police calls per unit per year. P olic e inc idenc es for purposes of determining licens ing c ategories shall include disorderly ac tivities and nuis anc es as defined in S ection 12-911, and events categorized as P art I c rimes in the Uniform C rime R eporting S ystem including homicide, rape, robbery, aggravated as s ault, burglary, theft, auto theft and ars on. C alls will not be c ounted for purpos es of determining lic ensing categories where the vic tim and s uspec t are “F amily or household members” as defined in the Domes tic Abuse Ac t, Minnes ota S tatutes , S ection 518B.01, S ubd. 2 (b) and where there is a report of “Domestic Abus e” as defined in the Domestic Abus e Act, Minnesota S tatutes, S ec tion 518B.01, S ubd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct S ervice & P art I Crimes (C alls P er Unit/Year) No C ategory Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Dec reas e 1 C ategory 1-2 G reater than 1 but not more than 3 3-4 units G reater than 0.25 but not more than 1 5 or more units G reater than 0.35 but not more than 0.50 Dec reas e 2 C ategories 1-2 G reater than 3 3-4 units G reater than 1 5 or more units G reater than 0.50 Requested Council Action: Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Xiong T hao, Housing & C ommunity Development S tandards S upervis or S UBJ EC T:R esolution Approving a Type I V-6 Month P rovisional R ental Licens e for 5351 Irving Ave N Recommendation: It is recommended that the C ity C ounc il c onsider approval of the Mitigation P lan, R esolution and issuanc e of a Type I V 6-Month P rovisional R ental Licens e for 5351 Irving Ave N. T he applic ant or repres entative has an opportunity to pres ent evidenc e regarding the s ubmitted Mitigation P lan. If the C ounc il c hooses to modify or disapprove the Mitigation Plan, it is rec ommended that the motion be to direc t s taff to prepare proposed findings for modific ation or dis approval of the Mitigation P lan and notify the lic ense applicant of any pending licens e ac tions to be taken at a subs equent C ouncil Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation P lan and is not to be used as an opportunity to modify a licens e type.) Background: T his owner is applying for a renewal rental license. T his is a single family property. T he previous license was a Type I V Rental L icense issued on August 14, 2017, on condition of adherence to the Mitigation P lan and C ity O rdinances. T he property qualifies for a Type I V R ental Lic ense bas ed on eleven (11) property c ode violations found during the initial rental ins pection and zero (0) validated police nuis anc e incidents for the pas t twelve months. F urther, the owner failed to c omply with the Mitigation P lan and applic able O rdinances, spec ifically failed to turn in monthly updates. Acc ording to C ity O rdinanc es , if the requirements of the licens e c ategory and the Mitigation P lan are not met, the licens e renewal category remains a Type I V. C ity O rdinance S ection 12-901.2 requires a lic ensee of a Type I V R ental Lic ense to complete P has e I I of the C rime F ree Housing P rogram. C ity O rdinanc e S ec tion 12-914.3.c requires an owner (or authorized repres entative) to attend a minimum of 50 perc ent of O wners/Managers Assoc iation Meetings. S taff is rec ommending approval of the Type I V R ental Lic ense in lieu of denial, revoc ation or s uspens ion becaus e the owner is working with staff to meet the licens e requirements and the property is currently in compliance with the ordinanc e. T he following is a brief history of the licens e proc es s ac tions . C urrent rental licens e approval ac tivities for lic ense that expires 10/31/2018 02-12-2018 T he owner, Douglas Allen Wahl, applied for renewal of the rental dwelling lic ense for 5351 Irving Ave N, a single family dwelling. 03-07-2018 An initial rental licens e inspec tion was cond uc ted and failed. Eleven property c ode violations were c ited, see attached rental criteria. 04-09-2018 A sec o nd inspec tion was c o nducted and failed. A $100 re-inspec tion fee was c harged to the property. 04-17-2018 A $100 re-inspec tion fee was paid. 04-23-2018 A third inspec tion was c onducted and passed. 04-30-2018 T he previous Type I V R ental Licens e expired. 05-09-2018 A letter was sent to the o wner(s ) no tifying o f qualificatio n for Typ e I V 6-Month P rovis ional R ental Lic ens e, includ ing ad d itional requirements to obtain a rental licens e. I.e. submit mitigation p lan, completio n o f P has es I, I I, and I I I of C rime F ree Ho using P rogram, etc. 05-09-2018 C ity records indic ate 0 validated polic e nuisance inc idents oc curred in the pas t twelve months . 06-21-2018 A $125 Adminis trative C itation was is s ued for failure to submit a Mitigation P lan. 06-26-2018 A Mitigation P lan was submitted. 06-28-2018 T he Mitigation P lan was approved. 07-02-2018 A letter was s ent to the owner notifying that the hearing before the C ouncil will be held July 9, 2018 P rior Type I V R ental Licens e approval ac tivities for lic ense that expired on 04/30/2018: 08-04-2017 T he O wner, Douglas Allen Wahl, applied for renewal of the rental dwelling lic ense for 5351 Irving Ave N, a single family dwelling. 08-28-2017 An initial rental lic ense inspec tion was c onducted and failed. 18 property c ode violations were c ited, see attached rental criteria. 09-26-2017 A sec ond rental ins pection was conduc ted and failed. A $100 re-ins pection fee was c harged to the property. 10-10-2017 A third inspec tion was c onducted and failed. A $100 re-inspec tion fee was c harged to the property. 10-24-2017 A fourth ins pection was conduc ted and correc tions c omplete. However, the $200 in re-inspec tion fees remains unpaid. 10-31-2017 T he previous rental licens e expired. 11-06-2017 T he $200 re-inspec tion fees were paid. 11-22-2017 C ity rec ords indicate 0 validated police nuis anc e incidents occ urred in the past twelve months . 11-22-2017 A letter was sent to the owner(s) notifying of qualification for Type I V 6-Month P rovis ional R ental Lic ense, including additional requirements to obtain a rental lic ense. I.e. submit mitigation plan, completion of P has es I, I I, and I I I of C rime F ree Hous ing P rogram, etc. 12-05-2017 A Mitigation P lan was submitted. 12-26-2017 T he Mitigation P lan was finalized. 12-29-2017 A letter was s ent to the owner notifying that the hearing before the C ouncil will be held January 08, 2018. If approved, after six months , a new rental lic ense is required. T he licens e proc es s will begin in approximately one month. T he new licens e will be bas ed on the property c ode violations found during the initial renewal licens e ins pection and the number of validated police calls for services for disorderly ac tivities and nuis anc es as defined in 12-911. T he terms of the mitigation plan must also be met. Requested Council Action: Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5351 IRVING AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5351 Irving Ave N, was issued a Type IV Rental License on January 8, 2018; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5351 Irving Ave N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5351 Irving Ave N, Brooklyn Center, MN. July 9, 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. Council/E D A Work S ession City of B rooklyn Center J uly 9, 2018 AGENDA The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Council pac ket is available to the public. The packet ring binder is located at the podium. AC T I V E D I S C US S IO N I T E M S 1.F ormer J erry's F ood Redevelopment Concept F ollow-up Discussion 2.An I nterim Ordinance A uthorizing a S tudy and P lacing a Moratorium on the Sears Property P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.F uture/Ongoing I tems Beautification and P ublic Art I nitiative - J uly Cities United Membership A D A Transition Plan COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman, C ommunity Development Director S UBJ EC T:F ormer Jerry's F ood R edevelopment C oncept F ollow-up Dis cus s ion Recommendation: It is rec o mmended that the C ity C ounc il review the p ro cess through which a c harter s cho o l could b e approved on the former Jerry’s F ood site, and provide feedback and direc tion to staff on whether to proceed. Background: At the June 25th 2018, C ity C ouncil work session a concept was introduced to redevelop the former Jerry's F ood site into a c harter sc hool. T he developer pres ented their concept and the C ity C ounc il was given an opportunity to as k questions. T he developer has indicated that timing is critical for the s uc cessful reus e of the site into a c harter sc hool, and that they would need to be able to proc eed with c onstruc tion as s oon as possible. T his is pertinent to the dis cus s ion becaus e in order to move forward with an approval for the project, the C ity would need to amend the zoning c ode, rezone the property, and amend the C omprehensive P lan, all of which take time. In order to acc ommodate the proposal four s ignificant modification would need to be made to the C ity's land use and zoning regulations . F oremos t, the property is currently zoned C -2, C ommerc e District. Elementary s chools are not a permitted us e in the C -2 District. O ther types of educ ational us es , s uc h as post sec ondary sc hools, are allowed; however, public and private elementary and s econdary s chools (K-12) are spec ifically c alled out as an exception and are not permitted. T herefore, the property would either need to be rezoned to a district that allows elementary s chools , s uc h as residential, or the C -2 District would need to be amended to allow elementary sc hools as a s pecial or permitted use. T he sec ond alteration to the C ity's regulations that would be necessary is to the C omprehensive P lan. T he Land Us e designation for the property is R etail Bus iness. A C omprehens ive P lan Amendment to amend the future land use des ignation to S c hools would be nec es s ary. this proc es s is the most time c onsuming bec ause onc e the C ity C ounc il approves the amendment, the request goes to the Metropolitan C ounc il, which then mus t approve or deny the reques t within 60 days. P rovided the C ity moved through the process as quickly as pos s ible, the soones t that the Metropolitan C ouncil would be required to make a dec is ion would be early December. In addition to the underlying zoning, there is als o the C entral C ommerc e O verlay District whic h inc ludes the former Jerry's F ood property. T his O verlay Dis tric t expressly prohibits elementary s chools in this area. In order to ac commodate the propos al the O verlay Dis tric t would need to be amended to allow elementary educ ation, or the O verlay boundaries would need to be amended to exclude this property. T his change c ould occ ur concurrent to the request for the rezoning and C omprehensive P lan Amendment. However, s inc e the C entral C ommerc e O verlay District has not been amended s inc e its adoption it is not immediately c lear whic h path would be the mos t appropriate to acc ommodate the c harter sc hool request. Additional dis cus s ion with the C ity Attorney would be necessary to determine the best path forward for this item. T he fourth c onsideration related to the c onc ept is regarding the C ity's design s tandards . As part of the S hingle C reek C ros s ing P UD, design guidelines were adopted that are required of all development within the P UD. At the time of the adoption of the guidelines, "unoffic ial" c ity-wide des ign guidelines were also adopted that are recommended of all new development in the C ity, but are not required. It has been the pas t practice of the C ity C ouncil to require thes e design s tandards whenever a P UD or other dis cretionary approval is granted for new development. F or example, the des ign standards were applied to the F airfield Marriott Hotel development. G iven the developers stated budget and building materials it is likely that the development would not meet the des ign standards which would typically be applied. Without a complete plan set it is not possible to determine to what degree the building and site design would diverge from the des ign standards; however, the C ouncil s hould be aware that this may be part of the request. T he purpos e of this disc ussion is to make both the developer and the C ity C ouncil aware of the regulatory modifications that would be required to acc ommodate this c onc ept, and to gauge the C ity C ounc il's willingness to entertain such reques ts. T he developer will determine on their own whether to proceed with a formal application or not. S taff is bringing this item forward in order to c learly identify what land use and zoning regulations would need to be modified in order to move forward with the use of this s ite as an elementary s chool us e. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: Targeted R edevelopment COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman, C ommunity Development Director S UBJ EC T:An Interim O rdinance Authorizing a S tudy and P lacing a Moratorium on the S ears P roperty Recommendation: It is recommended that C ity C ouncil review the draft interim ordinanc e authorizing a s tudy and placing a moratorium on the S ears property, and provide direction to s taff on how to proc eed. Background: In early June of 2018, S ears R oebuck and C ompany announced the Brooklyn C enter S ears s tore and automotive repair store would be c los ed. Both the S ears store and the automotive c enter are s cheduled to be c los ed by the end of S eptember 2018. T he S ears s tore is the final remaining s tructure from the former Brookdale Mall and has not been studied or planned for as part of the overall development guidanc e for the S hingle C reek Development Area. T he S ears property is 15.26 ac res and has high vis ibility from Highway 100. T he C ity C ounc il has the authority to adopt an interim ordinanc e, which would place a moratorium on development of a particular site, or of a particular type of development c ity-wide. A moratorium allows the C ity time to s tudy a particular area or topic to ensure that an appropriate regulatory framework is in place to adequately inform future development. T he adoption of an interim ordinanc e authorizing a s tudy and placing a moratorium on the S ears s ite will allow time to dec ide whether any c hanges are needed to how the property is zoned and guided and to ensure development of the property is c onsistent with the S hingle C reek Development Area. If a study and moratorium is not placed on the property, the property has a potential to be developed in a manner which is incons is tent with the surrounding developments and whic h could have extended negative effec ts on the area. Upon adoption of the interim ordinanc e and moratorium, C ity S taff will begin to c onduct a s tudy of the property to determine if the c urrent planned land us e and zoning of the property s hould be revised. R ec ommendations from the s tudy will be shared with the C ity C ounc il upon completion of the s tudy proc es s . As part of the C omprehensive P lan update process currently underway, this property has been identified as one of the sites whic h requires additional foc used planning efforts . T he moratorium will ens ure that no new expansions or new c onstruc tion will oc cur on the s ite during the duration of the study. T he C ity will not ac cept, process, or is s ue any development applic ations or approvals during the duration of the s tudy and moratorium. T he moratorium would not apply to any applications for permits or approvals which only s eek to maintain or repair the exis ting buildings. T he C ity C ounc il has the ability to selec t the length of time for the moratorium to be plac ed on the property. T he moratorium c an be legally placed on a property for no more than eighteen (18) months per Minnes ota S tate S tatute 462.355 subdivision 4d. S taff is recommending a duration of 12 months to provide enough time to c omplete a land us e and zoning study for the site. T he C ity C ouncil would have the ability to repeal the moratorium prior to the deadline if the s tudy is c ompleted and it is determined that no change in future land us e or zoning is required. S taff is s eeking direction on whether or not to proc eed with a moratorium of the S ears s ite at this time and allow time to c onduct a land use and zoning s tudy on the property. If the C ounc il direc ts s taff to proceed this item would go before the C ity C ounc il at their July 23, 2018 regular meeting for cons ideration. S trategic Priorities and Values: Targeted R edevelopment ROUGH DRAFT 6-19-18 1 CITY OF BROOKLYN CENTER ORDINANCE NO. __________ AN INTERIM ORDINANCE AUTHORIZING A STUDY AND PLACING A MORATORIUM ON THE SEARS PROPERTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Legislative Findings. The City Council of the City of Brooklyn Center (“City”) hereby finds and determines as follows: 1.01. The City Council has the authority under Minnesota Statutes, section 462.355, subdivision 4 to adopt an interim ordinance “applicable to all or part of its jurisdiction” to “regulate, restrict, or prohibit any use, development, or subdivision” within the City if it has authorized a study to be conducted or has scheduled a hearing for the purpose of considering an amendment to its comprehensive plan or official controls. 1.02. 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 for it to go into effect would undermine the purpose and authority to adopt an interim ordinance. 1.03. The City is in the process of updating its comprehensive plan. 1.04. The City has engaged in extensive planning and has developed guidance for the Shingle Creek development area located between Highway 100, County Road 10, and east of Xerxes Avenue North (“Shingle Creek Development Area”). With the exception of certain properties that were already utilized and had not been redeveloped in several years. 1.05. One such property that had not specifically been planned for as part of the overall development guidance for the Shingle Creek Development Area is the property (PID 03-118-21-44-0026) owned by Sears Roebuck and Company located at 1297 Shingle Creek Drive and legally described as Registered Land Survey No. 0936 Hennepin County, Minnesota (“Sears Property”). 1.06. A recent announcement indicated that the Sears store located on the Sears Property would be closing in the fall of 2018, which raises the potential for redevelopment of the property in the near term. 1.07. Development of the Sears Property occurring before the City has an opportunity to study the planning and zoning for the property, determine whether any changes are needed, and to take action to develop and adopt any such changes could result in development that is inconsistent with other development in the Shingle Creek Development Area and have lasting negative effects. ROUGH DRAFT 6-19-18 2 1.08. In order to protect the planning process and to promote consistency within the Shingle Creek Development Area, the City Council determines it is in the best interests of the public to place a temporary moratorium on the development of the Sears Property while the City conducts a study to determine how best to guide development of the property and to determine if the property is appropriately zoned. Section 2. Study Authorized. The City Council hereby authorizes City staff, as directed by the City Manager, to conduct a study of the current planning and zoning for the Sears Property, determine whether the guidance in the comprehensive plan and the zoning for the Sears Property should be revised to be more consistent with the planned guidance for and zoning of the other properties in the Shingle Creek Development Area, and to develop any recommended amendments for consideration by the City Council. Section 3. Moratorium. To ensure that no new construction or expansion occurs on the Sears Property that might be inconsistent with the appropriate guidance in the comprehensive plan or the zoning for the Sears Property that may be identified from the study authorized herein, the City hereby imposes, for the term of this interim ordinance, a moratorium on the acceptance, processing, or issuance of any development applications or approvals including, but not limited to, preliminary plats, rezonings, variances, conditional use permits, site plans, planned unit developments, and permits for the construction or expansion of any buildings on the Sears Property. The moratorium imposed by this interim ordinance shall not apply to applications for permits or approvals that seek only to maintain or repair, without expanding, an existing building on the Sears Property. Section 4. Effective Date and Term. This interim ordinance shall go into effect immediately upon adoption and shall remain in effect for 12 months, or upon the effective date of any rezoning or comprehensive plan amendment related to the Sears Property adopted in furtherance of the recommendations resulting from the study, whichever occurs first. The City Council may vote to terminate the interim ordinance and moratorium at any point prior to the deadline set. Section 5. Enforcement. The City may enforce this interim ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 6. Separability. Every section, provision or part of this interim ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision or part of this interim ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this interim ordinance. Adopted this ___ day of July, 2018. ______________________________ Tim Willson, Mayor ATTEST:____________________________ City Clerk COU N C IL ITEM MEMOR ANDUM DAT E:7/9/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M: S UBJ EC T:F uture/O ngoing Items Recommendation: Background: