HomeMy WebLinkAbout2019 10-14 CCP
Property Code and Nuisance Violations Criteria
License CategoryNumber of UnitsProperty Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I –3 Year1-2 units0-2
3+ units 0-0.75
Type II –2 Year1-2 unitsGreater than 2 but not more than 5
3+ units Greater than 0.75 but not more than 1.5
Type III –1 Year1-2 unitsGreater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 unitsGreater than 9
3+ units Greater than 3
b.Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License Number of Validated Calls for Disorderly Conduct
CategoryUnitsService & Part I Crimes
(Calls Per Unit/Year)
No 1-20-1
Category
3-4 units0-0.25
Impact
5 or more units0-0.35
Decrease 1 1-2Greater than 1 but not more than 3
Category
3-4 unitsGreater than 0.25 but not more than 1
5 or more unitsGreater than 0.35 but not more than 0.50
Decrease 2 1-2Greater than 3
Categories
3-4 unitsGreater than 1
5 or more unitsGreater than 0.50
Page 2 of 2
Memberintroduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTINGWORK PERFORMED AND AUTHORIZING
FINAL PAYMENT,IMPROVEMENT PROJECT NO. 2018-09,WATER
TOWER NO. 2 AND WATER TOWER NO. 3 REHABILITATION
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota,TMI Coatings, Inc. has completed Improvement Project No. 2018-09,Water
Tower No. 2 and Water Tower No. 3 Rehabilitation.
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. 2018-09 Water
Tower No. 2 and Water Tower No. 3 Rehabilitation, taking the
contractor’s receipt in full. The total amount to be paid for said
improvements under said contract shall be $2,059,436.60.
2.The estimated project costs and revenues are hereby amended as follows:
COSTS As AwardedAs Final
Construction Cost$2,087,000.00$2,059,436.60
Engineering and Administrative$145,000.00$160,741.20
Contingency$ 100,000.00$56,994.63
TOTAL$2,332,000.00$2,277,172.43
REVENUESAs AwardedAs Final
Water Fund$2,332,000.00$2,277,172.43
October 14, 2019
DateMayor
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.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF KEITH WESTERHOFF
WHEREAS, Keith Westerhoff was hired as a firefighter by the City of Brooklyn
Center, on May 1, 1999; and
WHEREAS, Keith Westerhoff has served 20 years as a firefighter with the
Brooklyn Center Fire Department; and
WHEREAS, Keith Westerhoff has been a leader in pump operation of our trucks
and also sharing his knowledge with others; and
WHEREAS, Keith Westerhoff was a mentor to new recruits; and
WHEREAS, Keith Westerhoff should be acknowledged for his quick station
response for calls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that we recognize the honorable retirement of Keith Westerhoff on
October 14, 2019, and express sincere appreciation for his dedicated public service. We wish
Keith, the very best in the future.
October 14, 2019
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2019-11
AN ORDINANCE AMENDING CHAPTER 11 LIQUOR OF THE CITY
CODE REGARDING PENALTIES
Section 11-126. PENALTIES. Any person violating any provisions of this Chapter, a
condition placed on a license, Minnesota Statutes, Chapter 340A, as it may be amended from
time to time, or any rules promulgated under Minnesota Statutes, Chapter 340A, shall be subject
to the following criminal and civil penalties.
Subdivision 1. Criminal Penalties. The person shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine of not more than one thousand
dollars ($1,000) and imprisonment for not more than 90 days, or both, together with the
cost of prosecution.
Subdivision 2. Civil Penalties. The City Council shall impose a civil penalty for a
violation, which may include a civil fine of up to $2,000 and may include a suspension of
the license for up to 60 days or revocation. The City Council shall establish as part of the
City’s fee schedule the presumptive civil penalties applicable to violations, including
multiple violations within a certain period of time. The City shall provide the licensee
notice and an opportunity to be heard by the City Council prior to imposing a civil
penalty. The civil penalties in the fee schedule are the presumed sanctions for a violation
and failure to pay any civil penalty imposed is grounds for suspension or revocation of
the license. In the event the City Council suspends a license, it may select which days a
suspension will be served. Notwithstanding any other provisions contained herein, the
City Council may revoke a license for any violation of this Chapter when in the judgment
of the City Council it is appropriate to do so. The City Council may impose different
civil penalties than those set out in the fee schedule when in the judgment of the City
Council it is appropriate to do so. Other mandatory requirements may be made of the
establishment including, but not limited to, meetings with the police department staff to
present a plan of action to ensure any observed problems will not continue, mandatory
education sessions, or other actions that the City Council deems appropriate.
Section 3. Effective Date. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this ________ day of _______________ 2019.
Mike Elliott, Mayor
ATTEST:
Barbara Suciu, City Clerk
Date of Publication: September 19, 2019
Effective Date:
MEMORANDUM
TO:Barb Suciu, City Clerk
FROM:Tim Gannon, Chief of Police
DATE: September 4, 2019
SUBJECT: Alcohol Compliance Checks
On or around August 15, 2019, the Brooklyn Center Police Department received an anonymous
complaint that patrons of Jammin’ Wingswere consuming alcohol past the allowable hours. The
complaint prompted a phone call by police staff to Wayne Brown, the owner and proprietor of the
establishment. Sergeant Becker spoke with Mr. Brown and explained the problem and complaint. She
also advised Mr. Brown that all establishments within Brooklyn Center that serve alcohol will be checked
for compliance over the weekend of August 16, 2019.
The alcohol compliance checks were completed on August 17, 2019 (Friday evening to Saturday
morning) and August 18, 2019 (Saturday evening to Sunday morning) at each of the three
establishments that serve alcohol within the city of Brooklyn Center, during the time in question. The
compliance checks were conducted by multiple officers in full uniform, utilizing body worn cameras
(BWC). The officers entered the establishments and checked to see if all alcohol had been removed from
the tables and that alcohol was no longer being served or consumed.
Several of the businesses were not in compliance for patrons consuming alcohol after 1:15 AM. At the
advice of our City Attorney, Troy Gilchrist, we will not be pursuing enforcement action for the
consumption violations. However, during the aforementioned checks, officers discovered alcohol service
violations occurring well past the 1:00 AM deadline; alcohol was being poured into glasses and
consumed. The 1:00 AM deadline is clearly outlined within the Brooklyn Center City Ordinance and State
Statute addressing alcohol sales.
Jambo Africa failed alcohol service after 1:00 AM on August 17 (Friday evening to Saturday morning) and
August 18, 2019 (Saturday evening to Sunday morning) compliance checks. The details of the
compliance checks are summarized on page 2 of this memorandum. The co-owner, Ms. Simone
Chambliss was captured via BWC recording on Friday evening. She reassured officers that she would
have all of the alcohol consumption cleared by the 1:15 AM deadline. When the time came for officers’
to perform the compliance check they observed violations. Friday night (Friday evening to Saturday
morning) they found a liquor bottle in a cooler, in the VIP room, where patrons are able to serve
themselves. On Saturday (Saturday evening into Sunday morning) they observed individuals serving
alcohol from 1:32-1:37 AM, which is well past the deadline of 1:00 AM.
Jambo Africa Compliance Detail
August 17, 2019 (Friday evening/Saturday morning)
Officers checked the business between 1:12-1:14 AM
Actually spoke with Ms. Chambliss (owner) upon arrival
On BWC Mrs. Chambliss mentions she is aware of the 1:15 AM alcohol consumption deadline
Not in compliance with service laws-officers observe a cooler in the VIP room with a bottle of
liquor in it (easily accessible to patrons)
BWC footage of the duration of the compliance check
Officers completed a police report to document the incident (19-003895)
August 18, 2019 (Saturday evening/Sunday morning)
Officers checked business between 1:32-1:37 AM
Not in compliance with alcohol service laws – officers observed someone pouring 2 shots of
whiskey while completing their walk thru
Also not in compliance with alcohol consumption – many open containers on tables and being
held by patrons
Very busy, long line at the door and very crowded inside, shoulder to shoulder as officers walked
through
Difficult to see the entirety of the areas within the establishment due to the number of patrons
BWC footage of the duration of the compliance check, including alcohol shots being poured
Officers completed a police report to document the incident (19-003825)
At this time we would like to move forward with an Alcohol service violation for Jambo Africa. Jambo
Africa was witnessed by two police officers and captured on Body Worn Camera either having staff or
allowing patrons serve alcohol well after the 1:00 AM deadline.
You will find copies of the police reports included with this memorandum; BWC video recording is also
available if needed. Also, a copy of the letter mailed to Jambo Africa that clearly outlines the days and
times of allowed alcohol service per City Ordinance and State Statute.
Att. (3)
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CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day ofOctober, 2019, 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 amending the building maintenance provisions.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. 2019-10
AN ORDINANCE AMENDING CHAPTER 12 REGARDING PROPERTY MAINTENANCE
TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Building Maintenance. Sections 12-201 through 12-805 are hereby deleted in their
entirety and are replaced with the following:
Section 12-201. DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this Chapter where not otherwise defined within a Section:
1. Approved – acceptable to the jurisdiction having authority and meeting all
applicable Codes.
2. Accessory Structure – a structure subordinate to the main or principal building
that is not used nor authorized to be used for living or sleeping by human
occupants and that is located on or partially on the premises.
3.Affordable Housing Building -a multifamily rental dwelling, as defined in
Section 12-201(26), having three or more dwelling units and where any of the
units rent for an amount that is affordable to households at or below 80% of
area median income, as median income is most recently determined by the
United States Department of Housing and Urban Development for the
Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan
Statistical Area, as adjusted for household size and number of bedrooms.
4. Affordable Housing Unit – a rental unit in an affordable housing building that
rents for an amount that is affordable to households at or below 80% of area
median income, as median income is most recently determined by the United
States Department of Housing and Urban Development for the Minneapolis-St.
Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as
adjusted for household size and number of bedrooms.
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593837v2BR291-16
5. Building – any structure used or intended for supporting or sheltering any use
or occupancy.
6. Child – any person under the age of eighteen (18).
7. Child Care Facility – a facility licensed by the Minnesota Department of
Human Services to provide child care for six or more children at one time. This
term also includes, but is not limited to, facilities having programs for children
known as nursery schools, day nurseries, child care centers, play groups, day
care centers, cooperative day care centers and Head Start programs.
8.Cause –the tenant or a member of the tenant’s household violates a provision
of the City’s rental housing provisions including, but not limited to, Section 12-
915 Crime Free/Drug Free Housing Lease Addendum, or materially violates a
term of the lease related to one or more of the following:
a. Nonpayment of rent;
b. Malicious destruction of the affordable housing unit or the affordable
housingbuilding;
c. Disturbance of the peace verified by the police department; or
d. A violation of any of the covenants in Minnesota Statutes, section
504B.171.
9. Compliance Official – the City Manager and the Manager’s designated agents
authorized to administer and enforce this Chapter.
10.Designated Predatory Offender – any person who has been categorized as a
Level III predatory offender under Minnesota Statutes, Section 244.052, a
successor statute, or a similar statute from another state in which that person’s
risk assessment indicates a high risk ofre-offense.
11.Disorderly Activities –any activities listed in Section12-911.
12.Dwelling –a building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including one-family dwellings,
two- family dwellings, and multiple family dwellings; but not including hotels
and motels.
13.Dwelling Unit – a single residential accommodation that is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for one family.
Where a private garage is structurally attached, it shall be considered as part of
the building in which the dwelling unit is located.
2
593837v2BR291-16
14.Family – any of the following definitions shall apply:
–Persons related by blood, marriage, or adoption, together with their domestic
servants or gratuitous guests, maintaining a common household in a dwelling
unit;
–Group or foster care of not more than six (6) wards or clients by an authorized
person or persons, related by blood, marriage, or adoption, together with their
domestic servants or gratuitous guests, all maintaining a common household in
a dwelling unit approved and certified by the appropriate public agency;
–A group of not more than five (5) persons not related by blood, marriage or
adoption maintaining a common household in a dwelling unit.
15.Garbage – putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
16.Lease – an oral or written agreement creating a tenancy in real property.
17.Material Change – a change in the terms of a lease, either through an
amendment of an existing lease or the adoption of a new lease, that
significantly limits or restricts the tenants use and enjoyment of an affordable
housing unit or the affordable housing building.
18.Multiple Family Dwelling – a dwelling or portion thereof containing three or
more dwelling units.
19.Nonresidential Building – all buildings or structures other than dwellings or
dwelling units.
20.Occupant – any person (including owner or operator) occupying any structure,
building or part thereof, dwelling, dwelling unit, rooming unit, or premise.
21.Operator – the owner or agent who has charge, care, control, or management of
a building or part thereof.
22.Owner – a person, agent, firm, or corporation having a legal or equitable
interest in the property. In any corporation or partnership, the term owner
includes general partners and corporate officers.
23.Permanent Residence – a place where a person abides, lodges, or resides for 14
or more consecutive days.
24.Person – an individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
3
593837v2BR291-16
25.Plumbing –all of the following supplied facilities and equipment in a building:
gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal
units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch basins,
drains, vents, and any other similar fixtures and the installation thereof, together
with all connections to water, sewer and gas lines.
26.Premises – a platted lot or part thereof or unplatted parcel of land, either
unoccupied or occupied by any structure thereon.
27.Public Playground – an area designated primarily for children’s play including
a school building playground, a child care building playground, a play area of a
public park, or an area that contains permanent play equipment.
28.Refuse –all putrescible and nonputrescible waste solids including garbage and
rubbish.
29.Reinspection – a follow-up inspection that is a) conducted to determine if a
Code violation has been corrected; b) needed because a licensee, owner, or
other responsible party fails to attend a scheduled inspection; c) needed because
a scheduled inspection does not occur or is prevented due to any act of a
licensee, owner, or responsible party; or d) any inspection other than the initial
inspection for a license application where one or more violations are found.
30.Relocation Assistance – a payment to the tenant of an affordable housing unit in
the amount equal to three months of the current monthly lease rent.
31.Repair – to restore to a sound and acceptable state of operation, serviceability
or appearance.
32.Rental Dwelling – the term “rental dwelling” means any occupied dwelling or
dwelling unit that is not occupied by the owner of record regardless of
compensation. The term includes any dwelling or dwelling unit occupied by a
relative of the owner.
33.Rubbish – nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery
clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
34.Safety – the condition of being reasonably free from danger and hazards that
may cause accidents or disease.
35.School – any public or nonpublic elementary school, middle school, or
secondary school as those terms are defined in Minnesota Statutes, Section
120A.05.
4
593837v2BR291-16
36.Single Family Attached – includes a townhome, rowhouse, duplex, or similar
dwelling unit.
37.Structure – that is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some
definite manner.
38.Supplied – paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a building.
39.Temporary Residence – a place where a person abides, lodges, or resides for a
period of 14 or more days in the aggregate during any calendar year and which
is not the person’s permanent address, or a place where the person routinely
abides, lodges, or resides for a period of four or more consecutive or non-
consecutive days in any month and which is not the person’s permanent
residence.
40.Tenant – any person occupying any dwelling or having possession of a space
within a dwelling who has the legal right to occupy the dwelling unit, where a
legal owner does not reside.
41.Tenant Protection Period – the period that commences on the date when a
written notice of the transfer of ownership is sent to each affordable housing
unit tenant pursuant to Section 12-912D(2) and ends on the last day of the third
full calendar month following the date on which the notice was sent. In no case
shall the tenant protection period be less than 90 days.
42.Transfer of Ownership – any transfer of ownership of an affordable housing
building by an owner to another person, agent, firm, or corporation that
becomes the new owner.
43.Meaning of Certain Words –whenever the words "dwelling", "dwelling unit",
"premises", "building", or "structure" are used in this Chapter, they shall be
construed as though they were followed by the words "or any part thereof".
Section 12-301. PROPERTY MAINTENANCE CODE. International Property
Maintenance Code, 2018 edition, as published by the International Code Council is hereby
adopted as the Property Maintenance Code of the City of Brooklyn Center in the State of
Minnesota for regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and facilities and other
physical things and conditions essential to ensure that structures are safe, sanitary, and fit for
occupation and use; and the condemnation of buildings and structures unfit for human occupancy
and use, and the demolition of such existing structures as herein provided; providing for the
issuance of permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions and terms of said Property Maintenance Code on file in the
5
593837v2BR291-16
office of the City of Brooklyn Center are hereby referred to, adopted, and made a part hereof, as
if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any,
prescribed in Section 12-302 of this Chapter. For the purposes of administering and enforcing
the provisions of the Property Maintenance Code of the City of Brooklyn Center, the definitions
contained in the International Property Maintenance Code, 2018 edition shall be controlling over
the definitions contained in this Chapter, except to the extent a definition within the International
Property Maintenance Code is expressly not adopted.
Section 12-302. INTERNATIONAL PROPERTY MAINTENANCE CODE. The
following sections are hereby amended as follows:
Section 101.1 – Insert City of Brooklyn Center
Section 102.3 – Delete International Building Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 102.7 – Not adopted
Section 103.5 – Not adopted
Section 107.6 – Not adopted
Section 109.6 – Not adopted
Section 111.1 – Delete 20 days and change to 10 days
Section 111.2 to 111.2.5 – Not adopted
Section 111.3 – Delete 20 days and change to 30 days
Section 112.4 – Insert $1,000.00
Section 201.3 – Delete International Building Code, International Existing Building
Code, International Fire Code, International Fuel Gas Code, International Mechanical
Code, International Plumbing Code, International Residential Code, International Zoning
Code and replace with Minnesota Residential Code, MN Building Code, MN Energy
Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any
other codes adopted by the State of Minnesota.
Section 202 –The definitions for the following terms are not adopted:
Garbage
Inoperable motor vehicle
6
593837v2BR291-16
Rubbish
Section 302.4 –Not adopted
Section 302.5 – Add “and licensed contractor”
Section 302.8 –Not adopted
Section 304.1.1 –Delete International Building Code or the International Existing
Building Code and replace with Minnesota Residential Code, MN Building Code, MN
Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code,
and any other codes adopted by the State of Minnesota.
302.15 –Remove the word “exterior”
Section 304.14 – Insert May 1 to October 31
Section 305.1.1 –Delete International Building Code or the International Existing
Building Code and replace with Minnesota Residential Code, MN Building Code, MN
Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code,
and any other codes adopted by the State of Minnesota.
Section 306.1.1 –Delete International Building Code or the International Existing
Building Code and replace with Minnesota Residential Code, MN Building Code, MN
Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code,
and any other codes adopted by the State of Minnesota.
Section 309.1 – Add “and licensed contractor”
Section 309.2 – Add “or during Occupancy”
Section 309.3 – Not adopted
Section 309.4 – Not adopted
Section 309.5 – Delete the exception clause
Section 401.3 – Delete International Building Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 402.2 – Add “or equivalent”
Section 403.3, Exceptions 2 –Add “and the similar appliances”
7
593837v2BR291-16
Section 403.5 – Add “and meet Minnesota Residential Code, MN Building Code, MN
Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code,
and any other codes adopted by the State of Minnesota”
Section 404.2 – Delete 3 feet (914 mm) and insert 30 inches (762 mm)
Section 505.1 –Delete International Plumbing Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 506.1 – Delete “either” and delete “or to an approved private sewage disposal
system”
Section 602.2 –Delete International Plumbing Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 602.3 – Insert September 1 to May 31
Section 602.4 – Not adopted
Section 604.3.1.1 – Delete International Building Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 604.3.2.1 – Delete International Building Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 606.1 – Delete ASME A17.1 and replace with Minnesota Residential Code, MN
Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing
Code, MN Fire Code, and any other codes adopted by the State of Minnesota.
Section 702.1 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 7.2.2 –Delete International Fire Code and replace with Minnesota Fire Code.
Section 703.2 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 703.7 – Delete International Fire Code and replace with Minnesota Fire Code.
8
593837v2BR291-16
Section 704.1 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.1.2 –Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.1.3 –Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.3 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.3.1 –Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.4.2 –Not adopted
Section 704.4.3 –Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.5.1 –Exception Clause delete Section 912.45 and replace with Section 912;
Delete International Fire Code and replace with Minnesota Fire Code.
704.6.1.4 –Not adopted
Section 704.6.4,Subsection 1 – Delete International Fire Code and replace with
Minnesota Fire Code
Section 704.6.4, Subsection 2 – Delete International Fire Code and replace with
Minnesota Fire Code
Section 705.1 – Delete Section 1103.9 and replace with Minnesota Statues, sections
299F.50 and 299F.51; Delete International Fire Code and replace with Minnesota Fire
Code
Section 12-303. REMOVAL OF SNOW AND ICE. Every occupant and owner of a
dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a
nonresidential building shall be responsible for the removal of snow and ice from parking
lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches
or more, or successive snowfalls accumulating to a depth of three inches, shall be removed
from parking lots and driveways within 24 hours after cessation of the snowfall. Individual
snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch,
shall be removed from steps and walkways within eight hours after cessation of the
snowfall.
Section 12-304. MAINTENANCE OF DRIVING AND PARKING AREAS. The
ownerof a building shall be responsible for providing and maintaining in good condition paved
and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City
Code of Ordinances.
Section 12-305. FENCE MAINTENANCE. All fences shall consist of metal, wood,
masonry, or other decay resistant material. Fences shall be maintained in good condition
9
593837v2BR291-16
both in appearance and in structure. Wood material, other than decay resistant varieties,
shall be protected against decay by use of paint or other preservatives. If the exterior surface
is unpainted or determined by the Compliance Official to be paint blistered, the surface shall
be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or
has fallen out, the surface shall be repaired.
Section 12-306. FACILITIES TO FUNCTION. Every supplied facility, piece of
equipment or utility required under the City Code of Ordinances and every chimney and
flue shall be installed and maintained and shall function effectively in a safe, sound, and
working condition.
Section 12-307. YARD COVER. Every yard of a premises on which a building
stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges,
shrubbery, and related decorative materials and such yard shall be maintained consistent
with prevailing community standards. Nonresidential sites shall be maintained in
accordance with an approved City landscape plan and shall be supplied with an irrigation
system.
Section 12-308. SCREENING. All outside trash disposal facilities, recycling
containers, and outside or rooftop mechanical equipment shall be screened from view by an
opaque fence or wall high enough to completely screen the equipment.
Article II. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this 14th day of October, 2019.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication: September 19, 2019
Effective Date _____________________________
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
10
593837v2BR291-16
Planning Commission Report
Application Filed: 08/13/2019
Meeting Date: September 12, 2019
Review Period (60-day) Deadline: 10/12/2019
Extension Declared: N/A
Extended Review Period Deadline: N/A
Application No. 2019-015
Applicant: City of Brooklyn Center
Request: Amend Section 35-331 (General Industry) of the City Code of Ordinances to allow
Religious Uses as a Special Use within the I-2 (General Industry) District
REQUESTED ACTION
The City of Brooklyn Center (“the City”) is requesting review and consideration of a request to amend
Section 35-331 (General Industry) of the City Code of Ordinances to allow Religious Uses as a Special Use
within the I-2 (General Industry) District. A public hearing notice was published in the Brooklyn Center
Sun Post on August 29, 2019 (Exhibit A). Notices were also mailed to all property owners of I-2 District-
zoned properties within the City.
BACKGROUND
The City is requesting the review and consideration of changes to the uses allowed within the I-2
(General Industry) District that would provide an avenue for religious institutions, such as churches,
mosques, synagogues and the like to locate into the City of Brooklyn Center’s General Industry District,
which is the City’s most intense industrial district.
Conversations revolving around the allowance of religious uses within the I-2 District began in July when
the City was approached by a group seeking to relocate a religious based place of worship and
community center within the City. The group had previously leased space within a C1 (Service/Office)
District office building in Brooklyn Center, where religious institutions are allowed as a permitted use. As
the building was recently sold, their space became unavailable. The group would like to remain within
the City of Brooklyn Center, as their community is largely based within the Brooklyn Center and Brooklyn
Park areas; however, they noted upon meeting with the City that they had struggled to find space within
the city limits until an I-2 District zoned property, located at the southern terminus of France Avenue
North, and known as 4900/4902 France Avenue North, became available.
This group has expressed an interest in purchasing the property in order to create a community center
and religious gathering place. The uses so far identified would include a worship space, gathering and
event space (e.g. weddings, board meetings), classroom space, and office space. Gathering times would
occur several times per week, with use primarily on Fridays and weekends, and worship times that could
be divided into multiple sessions to accommodate their membership of which numbers between 120
and 150 attendees currently for a Friday service. The community center would be open throughout the
week.
The property located at 4900/4902 France Avenue North has been for sale or lease for over a year, but
was previously used as a kennel and veterinary clinic (permitted use). This particular I-2 District property
is unique in its vacancy, in part due to the age and nature of the structures on site, which are not typical
of surrounding industrial uses. The property is comprised of two structures: a newer, split level office
App. No. 2019-015
PC 09/12/2019
Page 1
building, and a second circular shaped structure. The group believes that the property would meet their
needs and is interested in purchasing it to convert it for their use. As part of their due diligence, the
group met with City staff to inquire as to the process necessary to allow for use of the property as a
place of worship and community center.
Places of worship generally fall into a category of uses considered “Assembly.” These are uses where
there are generally large numbers of people that may congregate or assemble at one time. Other similar
uses might be theaters, auditoriums, mortuaries, dance halls, arenas, or certain places of entertainment.
Federal law protects religious land uses in that it requires cities to regulate them the same way in which
it regulates other similar uses, and to treat them equally and fairly when making land use regulations as
well as land use decisions regarding them.
Example: a city would need to provide a fact-based reason that it might allow a movie theater in
a particular zoning district, but not a religious use since the land uses are similar.
Based on a review of the City’s Zoning Ordinance, religious uses are currently allowed in the following
zoning districts (Table 1):
TABLE 1. Current Allowance of Religious Uses in City’s Zoning Districts.
Zoning DistrictPermitted Use Special Use Notes
R1 (One Family Residence) District X
Allowed through issuance of Special Use Permit,
provided primary vehicular access shall be gained to
the use by a collector or arterial street.
R2 (Two Family Residence) District X
Allowed through issuance of Special Use Permit,
provided primary vehicular access shall be gained to
the use by a collector or arterial street.
R3 (Multi-Family Residence) District
R4 (Multi-Family Residence) District
R5 (Multi-Family Residence) District X
Allowed through issuance of Special Use Permit,
provided primary vehicular access shall be gained to
the use by a collector or arterial street.
R6 (Multi-Family Residence) District
R7 (Multi-Family Residence) District
C1 (Service/Office) District X
Permitted Use in this District with no additional
restrictions relating to type of primary vehicular
access.
C1A (Service/Office) District X
All of the Permitted Uses allowed in the above C1
District are also allowed in the C1A District.
C2 (Commerce) District
The use is not addressed in the C2 District; however,
other like uses, such as movie theaters, sports arenas,
etc. are permitted through issuance of a Special Use
Permit.
I1 (Industrial Park) District
There is at least one instance of religious uses being
allowed via a Planned Unit Development (PUD) in the
I1 (Industrial Park) District, which is a lighter industrial
district comprised of office, hotel, mixed business, and
light industrial uses.
I2 (General Industry) District
Note: The O-1 (Public Open Space) and O-2 (Public & Private Open Space) Districts are not identified in this table due to the nature of their use.
City staff consulted with the City Attorney to identify potential paths forward for the requested reuse of
the property located at 4900/4902 France Avenue North. Based on a number of factors, the City
Attorney and staff agree that the most legally defensible way to process the request would be through a
App. No. 2019-015
PC 09/12/2019
Page 2
Zoning Code text amendment to the I-2 (General Industry) District, which would make religious uses
allowed through issuance of a Special Use Permit (SUP). This would allow the group to apply for a
Special Use Permit through submittal of a Planning Commission application and any necessary
documentation, and receive review and consideration by the Planning Commission and City Council. If
approved and able to meet the conditions of the permit, the requested use would then be allowed on
the property.
Although the conversations thus far have been focused on the allowance of religious uses on one
particular property, the proposed text amendment would apply to all properties within the I-2 (General
Industry) District, thus allowing religious uses on any I-2 (General Industry) Districtzoned parcel,
provided it was able to meet the conditions of the Special Use Permit process.
Special uses are those in which may be required for the public welfare in a given district but which are,
in some respects, incompatible with the permitted uses in the district. Before a building or premises is
devoted to any use classified as a special use, a Special Use Permit would need to be granted by City
Council. In reviewing Special Use Permits, an Applicant would need to demonstrate the following:
a.The establishment, maintenance or operation of the special use will promote or enhance the
general public welfare and will not be detrimental to or endanger the public health, safety,
morals or comfort.
b.The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood.
c.The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
d.Adequate measures have been or will be taken to provide ingress, egress and parking so
designed as to minimize traffic congestion in the public streets.
As the decision to allow religious uses within the I-2 (General Industry) District is a legislative one, City
staff initially brought the discussion on places of worship in the I-2 (General Industry) District forward at
a City Council Work Session held on August 12, 2019. It was at that time City staff was directed to draft
amendment language with criteria for its allowance as a special use and bring the proposed amendment
forward to the Planning Commission before review by the City Council. A copy of the City Council Work
Session memo and excerpt of the meeting minutes are included as Exhibit B.
PROPOSED AMENDMENTS TO I-2 (GENERAL INDUSTRY) DISTRICT
Location and Composition of I-2 District Zoned Properties in City
The City’s I-2 (General Industry) District is located on the southern end of the City and located on both
sides of Highway 100. It is, for the most part, built out. A map identifying the City’s I-2 District
properties can be found on the next page (Map 1). The I-2 District consists of 32 parcels comprising a
total of 82.56 acres. With approximately 3,677 acres of total land in Brooklyn Center (i.e. not including
right-of-way, lakes, etc.), the I-2 District comprises approximately 2.2% of the total land in the City. Not
all of the I-2 District parcels appear to be developable, however.
For instance, one parcel serves as a 3.2 acre stormwater ponding area to a development located on the
former Joslyn site and another 5.4 acres, located on the west side of the former Joslyn site, is an outlot
comprised of floodplain and wetlands. A 1.98 acre parcel located adjacent to Ryan Lake is also likely
limited in terms of development as over an acre of the land is located within the designated 100-year
App. No. 2019-015
PC 09/12/2019
Page 3
floodplain with wetlands present. If you were to remove the aforementioned three parcels, you are left
with approximately 72 acres of I-2 District zoned land, or 1.95% of total land in Brooklyn Center.
I-2 District Uses
Industrial properties, particularly heavy industrial properties, tend to have the greatest impacts on
surrounding properties in terms of noise, dust, odors, traffic, and outdoor storage. Generally, industrial
users tend to locate in areas away from non-industrial uses to minimize complaints that may arise,
although the I-2 (General Industry) District zoned properties located within Brooklyn Center are in
proximity to some single-family and multi-family residential properties (Refer to Map 2).
On the other hand, it is likely that religious uses would utilize their properties during hours when
industrial users are not in operation, which may minimize issues. In the case of the group interested in
the 4900/4902 France Avenue North property, this particular I-2 property is located on a dead end cul-
de-sac with Highway 100 located to the east, train tracks to the south, a Northern States Power station
to the west, and a mix of industrial and residential properties located to the north. A roofing company is
located immediately to the north of this particular property.
Use-wise, the I-2 District allows for a mix of manufacturing type uses; textile mill production; lumber and
wood products (except for saw mills and planing mills); printing industries; chemicals and allied
products; fabricated metal products; professional, scientific, electronic, and controlling instruments;
wholesale trade activities (e.g., motor vehicles and automotive equipment; dry goods and apparel;
hardware, plumbing, heating equipment and supplies; machinery, equipment and supplies); and certain
service activities (i.e. laudrying, dry cleaning, and dyeing; warehousing; automobile and truck repair and
wash; contract construction; kennels; veterinarian and animal hospitals; truck rental and leasing).
This district also allows for truck terminals, and public transit terminals. Foundries (provided the
operation is a necessary incident to a principal use in the I-2 District); retail sales of products
manufactured, processed, or wholesaled on site; and accessory off-site parking, are allowed through
issuance of a Special Use Permit (refer to Exhibit C).
MAP 1. City of Brooklyn Center I-2 (General Industry) District Zoned Properties.
App. No. 2019-015
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Page 4
MAP 2. City of Brooklyn Center Zoning Districts Adjacent to I-2 (General Industry) District.
Parking and Access Demands
Of further consideration in allowing for religious uses in the I-2 (General Industry) District is the overall
parking demand. Assembly uses, such as religious institutions, tend to have higher parking demands
than other types of uses due to the nature of their visitors. Industrial uses by contrast tend to have low
parking demands relative to their square footage because these uses generally have lower employment
densities. Religious uses seeking to utilize industrial property for space may find that the available on-
site parking is not sufficient to meet their demand, and other features common to industrial properties,
such as loading docks and berths, can further hinder parking options.
For example, religious and other “places of public assembly” uses, such as theatres, auditoriums (other
than school auditoriums), mortuaries, stadiums, arenas, and dance halls, require one parking space for
every three seats, or congregants in this particular case. Places of public assembly located in a retail
shopping center complex of 50,000 square feet or more, exclusive of the place of public assembly, may
have one space for every four seats.
For perspective, the I-2 District zoned property located at 4900/4902 France Avenue North currently
possesses 18 on-site parking spaces, although a maximum of 25 on-site parking stalls is potentially
achievable with re-striping. Assuming a “places of public assembly” type use, installation of 25 parking
stalls, and the carpooling of members (3 occupants per vehicle), the on-site parking could accommodate
for a maximum of 75 attendees at any one time.
In the cases of “Industry and Wholesale” type uses, one space for every two employees based upon
maximum planned employment during any work period or one space for each 800 square feet of gross
floor area (whichever is greater) is required. In the event the latter requirement is greater, adequate
land area shall be provided for the required off-street parking area, but improved spaces need only be
provided according to the employee ratio. In cases where there is an office component to an
industrially-zoned building, minimum on-site parking requirements are based on the total gross floor
area utilized for the use.
App. No. 2019-015
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Page 5
As identified in Table 1 (Current Allowance of Religious Uses in City’s Zoning Districts) on page 2 of this
report, religious uses are an outlined use that is allowed as a permitted use or through issuance of a
Special Use Permit in a number of the City’s zoning districts. In the cases of the City’s R1 (One Family
Residence), R2 (Two Family Residence), and R5 (Multiple Family Residence) Districts, religious uses are
allowed through issuance of a Special Use Permit so long as primary vehicular access to the use is gained
by collector or arterial street. While this language was contemplated in discussions over the proposed
amendments to allow for religious uses through issuance of a Special Use Permit, inclusion of this
language would have served as a hindrance for the group interested in the 4900/4902 France Avenue
North property as the property is located on a dead end cul-de-sac.
2040 Comprehensive Plan
The “2040 Land Use & Redevelopment Goals” identified within the Comprehensive Plan state that the
Future Land Use Plans should be supported through the update or creation of relevant and market-
based small area plans, redevelopment plans, and the zoning ordinance.
The identified 2040 Planned Land Uses for the I-2 (General Industry) District are comprised of a mix of
“Industrial/Utility” and “Business-Mixed Use” designations. The 4900/4902 France Avenue North
property is identified as “Industrial/Utility,” along with the other properties located along the eastern
th
Avenue North. The “Business-Mixed Use” designation is
edge of France Avenue North and south of 50
a new land use designation under the 2040 Comprehensive Plan that guides for a “mix of business, light
industrial, and supporting retail/service uses.”
Other Considerations
City staff met with the group interested in the 4900/4902 France Avenue North property to go over the
site, explain the process, and identify Building and Fire Code requirements that they should be aware of.
Although these conversations were specific to the aforementioned property, the addressed concerns
and requirements could be triggered with any other religious use that might have an interest in
relocating to an I-2 (General Industry) District property as “Assembly” type uses have a higher fire
suppression standard than other types of uses because of the congregation of people that occurs within
buildings. Should the proposed amendments be adopted, it is important that any prospective
buyers/users understand the full implications of what would be required to acquire and/or convert an
industrial use type building.
Conversion of a building to anything other than an office use would constitute a change of use from the
perspective of the Building and Fire Code, and thus would trigger the installation or expansion of a Fire
suppression and alarm system if not present. Additionally, the following requirements may be triggered:
a.Installation of ADA requirements (e.g. parking lot striping and signage, ingress/egress,
bathrooms, installation of elevator/lift);
b.Sewer Accessibility Charge (Met Council) determination for change in use and
associated fee; and
c.Any other Fire and Building Code requirements
Ordinance Language
The City Attorney drafted language that addresses the proposed amendments to Chapter 35 regarding
the uses allowed in the General Industry (I-2) District. As proposed, the amended language would allow
for religious uses within the I-2 District through issuance of a Special Use Permit. Within the ordinance,
certain legislative findings are outlined that address a desire to accommodate religious uses to the
App. No. 2019-015
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Page 6
extent reasonably possible but acknowledges the issues surrounding the allowances of religious uses in
industrial districts (refer to Exhibit D). The proposed amendment language to allow for religious uses as
a Special Use within the I-2 (General Industry) District is as follows:
Article II
. Special Uses. Section 35-331, paragraph 3 of the Brooklyn Center City Code identifying the uses
allowed in the General Industry District as a special use is hereby amended as follows:
3.
SpecialUses
a.
Foundries, provided that the foundry operation is a necessary incident to a principal
use permitted in the I-2district.
b.
Retailsalesofproductsmanufactured,processedorwholesaledattheusesite.
c.
Accessoryoff-siteparkingnotlocatedonthesamepropertywiththeprincipaluse,subjectto
theprovisionsofSection35-701.
d.Places for religious assemblies such as chapels, churches, temples, mosques, and
synagogues, provided the use complies with the minimum parking standards in Section 35-
700 and other applicable standards.
If the ordinance language is ultimately adopted any interested party wishing to utilize an I-2 District
property for a religious use would be required to submit a Planning Commission application and any
required supporting documentation for review and consideration by the Planning Commission and City
Council.
RECOMMENDATION
Based on the above-noted findings, staff recommends the following motion:
Motion to approve a Resolution recommending that the City Council approve certain amendments to
Section 35-331 (General Industry) of the City Code of Ordinances that would allow for religious uses within
the I-2 (General Industry) District by Special Use based on the above outlined findings of fact.
A copy of the Planning Commission resolution is attached (Exhibit E).
ATTACHMENTS
Exhibit A—Public Hearing Notice, published in the Brooklyn Center Sun Post, dated August 29, 2019.
Exhibit B—August 12, 2019 City Council Work Session Memo and Excerpted Minutes, Places of Worship in the I-2
District Discussion.
Exhibit C—Permitted and Special Uses within the I-2 District.
Exhibit D—An Ordinance Amending Chapter 35 Regarding Uses Allowed in the General Industry (I-2) District.
Exhibit E—Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2019-015
for Adoption of a Zoning Amendment Regarding Allowed Uses within the I-2 (General Industry) District.
App. No. 2019-015
PC 09/12/2019
Page 7
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4-B
WATERWAYLOCATIONELEVATION (FT. NGVD)
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67TH LANE SHINGLE CREEK AT 53RD AVE N ..........................842
PUD-MIXED
2-D,F
68AT 69TH AVE N ...........................846
TH LANE
2-D,F
I-2 General Industry
AT BROOKLYN BLVD .................859
69TH
LANE
2
-D
MISSISSIPPI RIVER
AT 53RD AVE N ..........................816
70TH CI
RCLE Central Commerce Overlay District
1-A
AT 73RD AVE N ..........................820
71ST CIRC
LE
1-A O1 Public Open Space TWIN LAKES
SHORELINE ................................
856
72ND CIRCLE RYAN LAKE
1-A
SHORELINE ................................
856
NOTE: SEE FEMA/FIA FLOOD INSURANCE STUDY DATED SEPT. 2004 AND
O2 Public & Private Open Space
FLOODWAY MAPS AND FIRM MAPS DATED SEPT 2004 FOR DETAILED
INFORMATION ON FLOODWAY LIMITS AND PROFILES
This Zoning Map reflects council-approved zoning changes up to its effective date of September 5, 2015. The zoning designations shown on
Airport Safety Zones (refer to Minn. Rules 8800.2400)this map must be interpreted by the City's Zoning Code and policies. These zoning designations are subject to change
ooo
as part of the City's ongoing planning process.
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,
00.250.51
Mississippi River Corridor Critical Area Boundary Line information and data located in various city, county, state and federal offices and other sources regarding the area shown, and
is to
be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare
this map is error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose
Miles
requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies
Private Roads
are found please contact (763) 569-3335. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2013),
and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to
defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which
arise out of the user's access or use of data provided.
Document Path: L:\\Users\\ComDev\\Zoning\\Zoning Map 2015.mxd
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
W
ORK SESSION
AUGUST 12, 2019
CITY HALL –COUNCIL CHAMBERS
CALL TO ORDER
T
he Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Mike Elliottat 9:30 p.m.
ROLL CALL
Mayor/President Mike Elliottand Councilmembers/CommissionersApril Graves, Kris
Lawrence-Anderson, and Dan Ryan.Councilmember/Commissioner Marquita Butler was absent
and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie
Edwards, Community Development Director Meg Beekman, Planner and Zoning Administrator
Ginny McIntosh, Business and Workforce Development CoordinatorBrett Angell, and City
Attorney Troy Gilchrist.
PLACES OF WORSHIP –ZONING AMENDMENT DISCUSSION
Community Development Director Meg Beekman reviewed a request to amend the I-2 Zoning
District to allow Places of Worship asan authorized use. A worship group wants to relocate its
religious use and community center to a property within the I-2 Zoning District as their current
facility on Brooklyn Boulevard is no longer available. They hope to stay within the community
as many of their members are residents of Brooklyn Center and Brooklyn Park.
Ms. Beekman stated the applicant has identified a site within the I-2 Zone, 4900 Brooklyn
Boulevard, and is seeking to purchase the site to create a community center, gathering and
worship space, events and classroom space and office. The community gathers several times a
week, evenings, and weekends.
Ms. Beekman stated the I-2 District is a heavier industrial use area. Religious uses are currently
permitted in the C-2 Zoning District as well as Residential Districts.
Ms. Beekman stated there is some concern regarding parking,which is limited on the site with
only 18 striped stalls. The City Planner measured the parking area and determined there is room
for a total of 25 stalls. City Staff has concerns regarding Fire Code compliance, egress issues,
and assembly use standards, and the building would require a change of use and compliance with
fire standards.
08/12/19 -1-DRAFT
Ms. Beekman stated there is a compliment in the hours of use, as the industrial area is used
predominantly during workday hours, and the worship would be evenings and weekends. She
added the property hadbeen challenged due to its unique layout and location, so some synergy
would be created between how the site can meet their needs and what they would bring to the
facility.
Ms. Beekman stated City Staff hadreviewed this issue with the City Attorney and the most
legally defensible way forward is to enact a Zoning Code text amendment to allow places of
worship as a specially permitted use within the I-2 District with conditions including building
use, ADA requirements, adequate parking and access, and fire suppression. These amendments
would apply to all properties within the I-2 Zoning District as spot zoning is prohibited in State
statute and only takes place absent of policy and Comprehensive Plan guidance.
Councilmember/CommissionerGraves asked whether there are other uses within this
neighborhood, in the I-2 Zoning District. Ms. Beekman stated there is a utility substation across
the street from the building and a railroad track to the south with no fencing.
City Attorney Troy Gilchrist stated the proposed Ordinance amendment can be set up so that a
use may be permitted on a particular property in the I-2 Zoning District, but not allowed on every
property in the Zoning District unless criteria are met.
Councilmember/CommissionerRyan expressed his concern regarding changing a Zoning
District to allow a place of worship on industrial property that could potentially be valuable in
terms of tax capacity and commercial use. He added there are not many I-2 properties, and this
Ordinance amendment would set a precedent for other similar uses. He added the Special Use
Permit criteria would need to be very specific regarding types of uses
Mr. Gilchrist stated the amendment would determine that the use is generally appropriate, but the
City Council/EDAcan apply criteria. He added a Special Use Permit would run with the
property, and a future owner would have the right to resume the operation within the criteria of
the permit.
Councilmember/CommissionerRyan asked whether the applicant is aware of the additional costs
of compliance with fire suppression and ADA regulations. Ms. Beekman stated the applicant has
met with the building office and reviewed these issues as well as parking requirements. She
added specific information regarding capacity hadnot been provided.
Councilmember/CommissionerRyan stated he would be willing to support this request if the
Special Use Permit would have solid criteria, and assuming the use would be tax-exempt, protect
the financial interests of the City.
Mayor/PresidentElliot agreed, adding City Staff could provide a draft amendment with criteria
for the City Council/EDA’s review.
Ms. Beekman stated the proposed amendment would be reviewed by the Planning Commission
beforereview by the City Council/EDA.
08/12/19-2-DRAFT
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2019, 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 amending the zoning regulations to allow religious uses in the
General Industry (I-2) District as a special use.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 35REGARDING USES ALLOWED IN
THE GENERAL INDUSTRY (I-2)DISTRICT
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:
1.The City currently allows places for religious assemblies in several zoning districts
within the City, but the use is currently not allowed in the City’s General Industry (I-2)
District;
2.The City desires to accommodate religious uses to the extent reasonably possible, but the
City has previously not allowed such uses in this industrial district because the properties
withinthis type of district:
a.Contain structures that were built to accommodate manufacturing, warehousing,
or other industrial uses not intended for occupation by the general public;
b.These properties typicallycontain small parking lots because industrial uses have
relatively few employees and few customers visiting thesite,compared to
assembly uses that typically require a large amount of on-site parking to
accommodate the members and participants;and
c.Converting existing industrial structures to comply with the various codes
applicable to assembly uses can be costly;
3.Religious uses can create certain negative impacts on an area including, but not limited
to, traffic and parking concerns depending on the size and the scope of their operations;
4.In order to allow the City to fully consider the potential impacts of a proposed use and to
develop conditions to mitigate or eliminate those impacts, it is appropriate to require a
religious use proposing to locate in the I-2 Districtto obtain a special use permit from the
1
610984v3BR291-16
Cityand to ensure such uses meet the minimum requirements and standards imposed by
the City Code;and
5.The City Council determines it is in the best interests of the City to allow religious uses
in the I-2 District pursuant to a special use permit,provided they can satisfy the
applicable codes, standards, and requirements.
Article II
.SpecialUses
. Section35-331,paragraph 3of the Brooklyn Center City Code
identifying the uses allowed in the General IndustryDistrictas a special useis hereby amended
as follows:
SpecialUses
3.
Foundries, provided that the foundry operation is a necessary incident
a.
to a principal use permitted in the I-2district.
Retailsalesofproductsmanufactured,processedorwholesaledattheusesite.
b.
Accessoryoff-siteparkingnotlocatedonthesamepropertywiththe
c.
principaluse,subjecttotheprovisionsofSection35-701.
d.Places for religious assemblies such as chapels, churches, temples, mosques,
and synagogues, provided theuse complies with theminimum parking
standardsin Section 35-700and other applicable standards.
Article III
.Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this ___ day of __________, 2019.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
Effective Date _____________________________
(Strikeoutindicates matter to be deleted, double underlineindicates new matter.)
2
610984v3BR291-16
Commissioner introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2019-013
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2019-015FOR ADOPTION OF
A ZONING AMENDMENT REGARDINGALLOWED USES WITHIN THE I-2
(GENERAL INDUSTRY) DISTRICT
WHEREAS, the Planning Commission held a public hearing, after due notice having been
provided, on September 12, 2019,on a proposed ordinance titled AN ORDINANCE
AMENDING CHAPTER 35 REGARDING USES ALLOWED IN THE GENERAL INDUSTRY
(I-2) DISRICT(“Ordinance”); and
WHEREAS, the Ordinance amends the list ofuses allowed by special use within the I-2
(General Industry) District (“District”) to incorporate “places for religious assemblies such as
chapels, churches, temples, mosques, and synagogues, provided the use complies with the
minimum parking standards in Section 35-700 and other applicable standards,” and
WHEREAS, the Planning Commission heard from those wishing to speak on the proposed
Ordinance, discussed it, and determined that the proposed amendment is consistent with the intent
of the District andin the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
Brooklyn Center, Minnesotahereby forwards the proposed Ordinance to the City Council with a
recommendation that it be adopted as presented.
September 12, 2019
DateRandall Christensen, Chair
ATTEST:
Ginny McIntosh, Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2019, 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 amending the zoning regulations to allow religious uses in the
General Industry (I-2) District as a special use.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 35REGARDING USES ALLOWED IN
THE GENERAL INDUSTRY (I-2)DISTRICT
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:
1.The City currently allows places for religious assemblies in several zoning districts
within the City, but the use is currently not allowed in the City’s General Industry (I-2)
District;
2.The City desires to accommodate religious uses to the extent reasonably possible, but the
City has previously not allowed such uses in this industrial district because the properties
withinthis type of district:
a.Contain structures that were built to accommodate manufacturing, warehousing,
or other industrial usesnot intended for occupation by the general public;
b.These properties typicallycontain small parking lots because industrial useshave
relatively few employeesand few customers visiting thesite,compared to
assembly uses that typically require a large amount of on-site parking to
accommodate the members and participants;and
c.Converting existing industrial structures to comply with the various codes
applicable to assembly uses can be costly;
3.Religious uses can create certain negative impacts on an area including, but not limited
to, traffic and parking concerns depending on the size and the scope of their operations;
4.In order to allow the City to fully consider the potential impacts of a proposed use and to
develop conditions to mitigate or eliminate those impacts, it is appropriate to require a
religious use proposing to locate in the I-2Districtto obtain a special use permit from the
1
610984v3BR291-16
Cityand to ensure such uses meet the minimum requirements and standards imposed by
the City Code;and
5.The City Council determines it is in the best interests of the City to allow religious uses
in the I-2 District pursuant to a special use permit,provided they can satisfy the
applicable codes, standards, and requirements.
Article II
.SpecialUses
. Section35-331,paragraph 3of the Brooklyn Center City Code
identifying the uses allowed in the General IndustryDistrictas a special useis hereby amended
as follows:
SpecialUses
3.
Foundries, provided that the foundry operation is a necessary incident
a.
to a principal use permitted in the I-2district.
Retailsalesofproductsmanufactured,processedorwholesaledattheusesite.
b.
Accessoryoff-siteparkingnotlocatedonthesamepropertywiththe
c.
principaluse,subjecttotheprovisionsofSection35-701.
d.Places for religious assemblies such as chapels, churches, temples, mosques,
and synagogues, provided theuse complies with theminimum parking
standardsin Section 35-700and other applicable standards.
Article III
.Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this ___ day of __________, 2019.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
Effective Date _____________________________
(Strikeoutindicates matter to be deleted, double underlineindicates new matter.)
2
610984v3BR291-16
Applicant
Application
Brewer taproom
Brew Pub
Brewer
Club
City of Brooklyn CenterCity Ordinance
Display
Growler
Hotel
Intoxicating liquor and liquor,
License
Liquor
Malt Liquor
Manufacturer
City of Brooklyn CenterCity Ordinance
Microdistillery
Minor
Off-Sale,
On-Sale
Premises
Package and original package
Restaurant
Restaurant Movie Theatre
City of Brooklyn CenterCity Ordinance
City of Brooklyn CenterCity Ordinance
October 8, 2018
Review
PUBLIC DANCING ENTERTAINMENT
Section 23-301. LICENSE REQUIRED. Any business that holds three or more
-302 (Definitions) below,
shall obtain an Entertainment License. Licenses shall be issued for one (1) year period expiring
December 31. No person shall conduct or permit public dancing in any public establishment within
which intoxicating liquor or 3.2 percent malt liquor is licensed to be sold or consumed unless a
public dance license shall have been issued by the City Council. Licenses shall be issued for one
(1) year periods expiring December 31. The annual fee for a public dance license shall be as set
forth by City Council resolution.
Section 23-302. APPLICATIONS FOR LICENSE. Applications for a public dance
license shall be made to the City Clerk upon forms furnished by the City. The application shall
include a drawing illustrating the area of the premises to be devoted to public dancing and a written
statement describing the maximum dancers to be accommodated, the hours during which public
dancing will be conducted, and the intended methods of controlling sound emissions from the
licensed premises.DEFINITIONS. Except as may otherwise be provided or implied by context, all
terms shall be given their commonly accepted definitions. For Sections 23-301 through 23-309,
the following definitions shall apply unless the context indicated or requires a different meaning:
1.Applicant, means an individual the license is sought for or in the same name of a
corporation or partnership.
2.Background music, means soft music intended as an unobtrusive accompaniment to some
activity, such as dining in a restaurant.
3.Entertainment, means music either live performances or recorded music, singing,
dancing either by the public or performers, concerts, or any the deliberate act intended to
amuse or entertain patrons and employees.
4.Jukebox, means a machine that automatically plays a selected musical recording when a
form of money is inserted into the machine.
5.License Settlement Conference, means a meeting between the license holder, City
Designees as approved by the City Manager to discuss strategies for reducing police calls
and increasing public safety.
6.Live performances music, means performance in front of an audience. The performance
may be a single musician, or by a band.
7.Recorded music, means the play, use, or operation of any radio, tape or disc player, or
other machine or device for the production or amplification of sound.
8.Premise, used in this Chapter, shall mean the inside of the building or the leased space
with the
original license. Outside areas, such as patios or parking lots, shall not be included in the
obtained in writing from the City for a limited period of time under certain conditions.
Section 23-303. PENALTY. Any person violating the provisions of this ordinance shall,
upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000) or
imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution.
APPLICATION FOR LICENSE. Any person desiring a license to provide entertainment shall
apply to the City Clerk for a license to do so, upon forms supplied by the City Clerk. The form
shall require that the following information be set forth upon the application:
1.The full name of the applicant, date of birth, and current residential address.
2.The full name, date of birth, and address of the owner or proprietor of the building for
which a license is desired.
3.The applicants' social security number, Federal ID Number, and Minnesota business
identification number, as required by Minnesota Statutes Section 270.72.
4. (1) A scaled floor plan showing the interior layout, including any dance floor(s), and
(2) a site plan showing the location of the building or buildings, parking layout, any
outdoor seating or patio, and the part or portion thereof intended to be used in the
conduct of such business and under such license.
5. The full name(s), date(s) of birth, residential address(es) of all partners or persons
interested therein, including the on-site manager of the business; if a corporation, the
state of incorporation; the name(s), place(s) and date(s) of birth of all officers, directors
and stockholders controlling at least ten (10) percent of the outstanding shares issued.
The application shall be signed by the applicant and, if the applicant is a corporation, by an officer
of the corporation who shall agree to comply with all the ordinances of the city relating to the
business of providing entertainment. They shall file the application, the license fee, scaled floor
planm site plan, together with the consent of property owners or tenants as from now on provided.
If the applicant is tenant, a written letter of approval from the property owner must accompany the
application or the renewal documents.
Section 23-304. FEE. The annual fees for an Entertainment license are outlined in the
Fee Schedule.
Section 23-305. APPROVAL OF LICENSES AND PERMITS BY CITY COUNCIL. All
licenses and permits shall be subject to review and approval by the City Council.
Section 23-306. CONDITIONS OF ENTERTAINMENT LICENSE. All Entertainment
licenses shall be granted subject to the following conditions and any other applicable ordinances
of the City:
1)Zoning: The establishment and associated use must comply with the Zoning Code.
2)Public Nuisance and Petty Offenses: The licensed premises must comply with
Chapter 19 - Public Nuisance and Petty Offense of the Brooklyn Center City Code.
3)Permitting Occupancy to Exceed the Limits Permitted under the Uniform Fire Code
(overcrowding): Licensees are bound to prevent situations in which the licensed
premises become overcrowded. Each establishment must display the maximum
occupancy limit for the licensed premise, and the maximum limit shall not be
exceeded.
4)Building Standards: The licensed premise must comply with the building standards
including, but not limited to ADA accessibility for stages, dance floors, and ingress,
and egress provisions.
5)Parking Limitations: The licensed premise shall comply with Zoning Code, Uniform
Fire Code, and Building Code requirements including but not limited to no blocking
of emergency access lanes; No blocking of fire hydrants; and sufficient parking shall
be provided as identified within the Zoning Code. As available on-site parking
accommodations may not correlate to maximum building occupancy limits, the
applicant is responsible for ensuring that building occupancy does not exceed
available parking. If there are parking agreements with neighboring properties, the
agreements must be in writing and provided at the time of application or renewal.
6)Police Calls: Licensed premises cannot create a disproportional number of police
calls relative to other like establishments. The type of police calls to include the
seriousness of the call, as well as the volume of calls will be evaluated throughout the
license period. If the police calls become disproportionate to other licensed businesses
due to the number or seriousness of the police calls, the City will conduct a License
Settlement Conference with the licensee. The purpose of that meeting is to discuss
strategies for reducing police calls and increasing public safety. A mitigation plan
will be developed and implemented. If that plan is neither followed nor successful, a
review of the license may be requested, and forwarded to the City Council for license
action.
7)Noise or Sound: Sound that causes alarm or disturbs others should not be audible
from the premise after 10 p.m.
Failure of an Entertainment License premise to comply with the requirements applicable to the
license, and any additional conditions issued by the City Council, or a correction order issued by
the City shall constitute sufficient grounds for the revocation, suspension, or nonrenewal of the
Entertainment License.
Section 23-307. DENIAL, REVOCATION OR NON-RENEWAL OF LICENSE
APPLICATION
An application for a license hereunder may be denied, and a license may be revoked, after notice
and opportunity for hearing thereon, for any of the following reasons:
1.The application contains material omissions or false, fraudulent or deceptive statements.
2.The premises are operated in such a manner as to be a public nuisance as provided by this
Code or by Minnesota Statutes, Sections 609.74 and 609.745.
3.The applicant is not in compliance with one (1) or more of the provisions of this
ordinance.
4.The proposed operation or use violates any federal, state or local law or ordinance
including, but not limited to, any law relating to zoning, building maintenance, fire
prevention, health or safety.
5.Filing a completed application within sixty (60) days of the submission of a partial
application.
6.The applicant, including any partners, officers, shareholders, or on-site manager, if
applicable, owes outstanding administrative fees imposed for Code violations.
7.Failure to comply with the conditions outlined in 23-306.
Section 23-308. PENALTY. Any person violating the provisions of this ordinance shall,
upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000). The
City Council shall
applicable to violations, including multiple violations within a certain period of time. The City
shall provide the licensee notice and an opportunity to be heard by the City Council prior to
imposing a civil penalty. The civil penalties in the fee schedule are the presumed sanctions for a
violation and failure to pay any civil penalty imposed is grounds for suspension or revocation of
the license.
Article II.
Amendment to Zoning Code C2 Commerce District
Section 35-322. C2 COMMERCE DISTRICT.
1.Permitted Uses
b. Eating establishments, provided they do not offer live entertainment and further
provided that the category does not permit drive-in eating places and convenience-food
restaurants.
2.Special Uses
3.Special Uses
d. Eating establishments offering live entertainment; rRecreation and amusement places
such as motion picture theaterts and legitmate theater; sports arenas, bowling alleys,
skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district,
including abutment at a street line.